[JPRT, 111th Congress]
[From the U.S. Government Publishing Office]
COMMITTEE ON FOREIGN RELATIONS
COMMITTEE ON FOREIGN AFFAIRS
=======================================================================
Legislation on
Foreign Relations
Through 2008
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
JOINT COMMITTEE PRINT
MARCH 2010
VOLUME I-A
OF VOLUMES I-A AND I-B
CURRENT LEGISLATION AND
RELATED EXECUTIVE ORDERS
U.S. Senate
U.S. House of Representatives
Legislation on Foreign Relations Through 2008--Volume I-A of Vols. I-A
& I-B
COMMITTEE ON FOREIGN RELATIONS
COMMITTEE ON FOREIGN AFFAIRS
=======================================================================
Legislation on
Foreign Relations
Through 2008
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MARCH 2010
VOLUME I-A
OF VOLUMES I-A AND I-B
CURRENT LEGISLATION AND
RELATED EXECUTIVE ORDERS
U.S. Senate
U.S. House of Representatives
Printed for the use of the Committees on Foreign Relations and Foreign
Affairs of the Senate and the House of Representatives respectively
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COMMITTEE ON FOREIGN RELATIONS
JOHN F. KERRY, Massachusetts, Chairman
CHRISTOPHER J. DODD, Connecticut RICHARD G. LUGAR, Indiana
RUSSELL D. FEINGOLD, Wisconsin BOB CORKER, Tennessee
BARBARA BOXER, California JOHNNY ISAKSON, Georgia
ROBERT MENENDEZ, New Jersey JAMES E. RISCH, Idaho
BENJAMIN L. CARDIN, Maryland JIM DeMINT, South Carolina
ROBERT P. CASEY, Jr., Pennsylvania JOHN BARRASSO, Wyoming
JIM WEBB, Virginia ROGER F. WICKER, Mississippi
JEANNE SHAHEEN, New Hampshire JAMES M. INHOFE, Oklahoma
EDWARD E. KAUFMAN, Delaware
KIRSTEN E. GILLIBRAND, New York
David McKean, Staff Director
Kenneth A. Myers, Jr., Republican Staff Director
______
COMMITTEE ON FOREIGN AFFAIRS
HOWARD L. BERMAN, California, Chairman
GARY L. ACKERMAN, New York ILEANA ROS-LEHTINEN, Florida
ENI F.H. FALEOMAVAEGA, American CHRISTOPHER H. SMITH, New Jersey
Samoa DAN BURTON, Indiana
DONALD M. PAYNE, New Jersey ELTON GALLEGLY, California
BRAD SHERMAN, California DANA ROHRABACHER, California
ELIOT L. ENGEL, New York DONALD A. MANZULLO, Illinois
BILL DELAHUNT, Massachusetts EDWARD R. ROYCE, California
GREGORY W. MEEKS, New York RON PAUL, Texas
DIANE E. WATSON, California JEFF FLAKE, Arizona
RUSS CARNAHAN, Missouri MIKE PENCE, Indiana
ALBIO SIRES, New Jersey JOE WILSON, South Carolina
GERALD E. CONNOLLY, Virginia JOHN BOOZMAN, Arkansas
MICHAEL E. McMAHON, New York J. GRESHAM BARRETT, South Carolina
JOHN S. TANNER, Tennessee CONNIE MACK, Florida
GENE GREEN, Texas JEFF FORTENBERRY, Nebraska
LYNN WOOLSEY, California MICHAEL T. McCAUL, Texas
SHEILA JACKSON LEE, Texas TED POE, Texas
BARBARA LEE, California BOB INGLIS, South Carolina
SHELLEY BERKLEY, Nevada GUS BILIRAKIS, Florida
JOSEPH CROWLEY, New York
MIKE ROSS, Arkansas
BRAD MILLER, North Carolina
DAVID SCOTT, Georgia
JIM COSTA, California
KEITH ELLISON, Minnesota
GABRIELLE GIFFORDS, Arizona
RON KLEIN, Florida
VACANT
Richard J. Kessler, Staff Director
Yleem Poblete, Republican Staff Director
(ii)
FOREWORD
----------
This volume of legislation and related material is part of
a five volume set of laws and related material frequently
referred to by the Committees on Foreign Relations of the
Senate and Foreign Affairs 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, was last updated
through 2005.
We wish to express our appreciation to Dianne E Rennack of
the Foreign Affairs, Defense, and Trade Division of the
Congressional Research Service of the Library of Congress, and
Suzanne Kayne of the U.S. Government Printing Office who
prepared volume I-A of this year's compilation.
John F. Kerry,
Chairman, Committee on Foreign Relations.
Howard L. Berman,
Chairman, Committee on Foreign Affairs.
March 30, 2010.
(iii)
EXPLANATORY NOTE
----------
The body of statutory law set out in this volume was in
force, as amended, at the end of 2008, with two exceptions--
Public Law 111-8, as amended, and Public Law 111-32, enacted in
2009.
This volume sets out ``session law'' as originally enacted
by Congress and published by the Archivist of the United States
as ``slip law'' and later in the series United States Statutes
at Large (as subsequently amended, if applicable). Amendments
are incorporated into the text and distinguished by a footnote.
Session law is organized in this series by subject matter in a
manner designed to meet the needs of the Congress.
Although laws enacted by Congress in the area of foreign
relations are also codified by the Law Revision Counsel of the
House of Representatives, typically in title 22 United States
Code, those codifications are not positive law and are not, in
most instances, the basis of further amendment by the Congress.
Cross references to the United States Code are included as
footnotes for the convenience of the reader.
All Executive orders and State Department delegations of
authority are codified and in force as of December 30, 2008.
Corrections may be sent to Dianne E Rennack at Library of
Congress, Congressional Research Service, Washington D.C.,
20540-7460, or by e-mail at drennack@crs.loc.gov.
(v)
ABBREVIATIONS
----------
Bevans...................................... Treaties and Other
International Agreements
of the United States of
America, 1776-1949,
compiled under the
direction of Charles I.
Bevans.
CFR......................................... Code of Federal
Regulations.
EAS......................................... Executive Agreement
Series.
F.R......................................... Federal Register.
LNTS........................................ League of Nations Treaty
Series.
I Malloy, II Malloy......................... Treaties, Conventions,
International Acts,
Protocols, and Agreements
Between the United States
of America and Other
Powers, 1776-1909,
compiled under the
direction of the United
States Senate by William
M. Malloy.
Stat........................................ United States Statutes at
Large.
TIAS........................................ Treaties and Other
International Acts
Series.
TS.......................................... Treaty Series.
UNTS........................................ United Nations Treaty
Series.
U.S.C....................................... United States Code.
UST......................................... United States Treaties and
Other International
Agreements.
(vi)
C O N T E N T S
__________
Page
FOREWORD......................................................... iii
EXPLANATORY NOTE................................................. v
ABBREVIATIONS.................................................... vi
A. FOREIGN ASSISTANCE............................................ 1
1. Foreign Assistance and Arms Export Acts...................... 11
2. Foreign Assistance Appropriations............................ 1098
APPENDICES....................................................... 1597
INDEX............................................................ 1641
(vii)
=======================================================================
A. FOREIGN ASSISTANCE
CONTENTS
Page
1. Foreign Assistance and Arms Export Acts...................... 11
a. The Foreign Assistance Act of 1961, as amended (Public Law
87-195).................................................... 11
Part I
Chapter 1--Policy; Development Assistance
Authorizations..................................... 15
Section 101--General Policy...................... 15
Section 102--Development Assistance Policy....... 17
Section 103--Agriculture, Rural Development, and
Nutrition.................................... 29
Section 103A--Agricultural Research.............. 32
Section 104--Population and Health............... 32
Section 104A--Assistance to Combat HIV/AIDS...... 40
Section 104B--Assistance to Combat Tuberculosis.. 57
Section 104C--Assistance to Combat Malaria....... 61
Section 105--Education and Human Resources
Development.................................. 61
Section 106--Energy, Private Voluntary
Organizations, and Selected Development
Activities................................... 63
Section 107--Appropriate Technology.............. 66
Section 109--Transfer of Funds................... 67
Section 110--Cost-Sharing and Funding Limits..... 68
Section 111--Development and Use of Cooperatives. 68
Section 113--Integrating Women Into National
Economies.................................... 69
Section 116--Human Rights........................ 70
Section 117--Environment and Natural Resources... 76
Section 118--Tropical Forests.................... 77
Section 119--Endangered Species.................. 81
Section 120--Sahel Development Program--Planning. 83
Section 122--General Authorities................. 84
Section 123--Private and Voluntary Organizations
and Cooperatives in Overseas Development..... 85
Section 124--Relatively Least Developed Countries 87
Section 125--Project and Program Evaluation...... 88
Section 126--Development and Illicit Narcotics
Production................................... 89
Section 127--Accelerated Loan Repayments......... 89
Section 128--Targeted Assistance................. 90
Section 129--Program to Provide Technical
Assistance to Foreign Governments and Foreign
Central Banks of Developing or Transitional
Countries.................................... 90
Section 130--Assistance for Victims of Torture... 95
Section 133--Programs to Encourage Good
Governance................................... 96
Section 134--Assistance to Foreign Countries to
Meet Minimum Standards for the Elimination of
Trafficking.................................. 98
Section 135--Assistance for Orphans and Other
Vulnerable Children.......................... 99
Section 135--Assistance to Provide Safe Water and
Sanitation................................... 103
Chapter 2--Other Programs............................ 104
Title I--Multilateral and Regional Development
Programs........................................... 104
Section 206--Regional Development in Africa...... 104
Section 209--Multilateral and Regional Programs.. 104
Title II--American Schools and Hospitals Abroad;
Prototype Desalting Plant.......................... 106
Section 214--American Schools and Hospitals
Abroad....................................... 106
Section 219--Prototype Desalting Plant........... 107
Title III--Housing and Other Credit Guaranty Programs 108
Section 221--Housing Guaranties.................. 108
Section 222--Authorization....................... 108
Section 222A--Agricultural and Productive Credit
and Self-Help Community Development Programs. 110
Section 223--General Provisions.................. 112
Section 224--Trade Credit Insurance Program for
Central America.............................. 115
Section 225--Trade Credit Insurance Program for
Poland....................................... 116
Section 226--Loan Guarantees to Israel Program... 118
Title IV--Overseas Private Investment Corporation.... 122
Section 231--Creation, Purpose and Policy........ 122
Section 231A--Additional Requirements............ 125
Section 232--Capital of the Corporation.......... 127
Section 233--Organization and Management......... 127
Section 234--Investment Insurance and Other
Programs..................................... 129
Section 234A--Enhancing Private Political Risk
Insurance Industry........................... 136
Section 235--Issuing Authority, Direct Investment
Authority and Reserves....................... 138
Section 236--Income and Revenues................. 141
Section 237--General Provisions Relating to
Insurance Guaranty, and Financing Program.... 142
Section 238--Definitions......................... 146
Section 239--General Provisions and Powers....... 147
Section 240--Small Business Development.......... 151
Section 240A--Reports to the Congress............ 151
Section 240B--Prohibition on Noncompetitive
Awarding of Insurance Contracts on OPIC
Supported Exports............................ 154
Title V--Disadvantaged Children in Asia.............. 155
Section 241--Assistance to Certain Disadvantaged
Children in Asia............................. 155
Title VI--Microenterprise Development Assistance..... 155
Subtitle A--Grant Assistance......................... 155
Section 251--Findings and Policy................. 155
Section 252--Authorization; Implementation;
Targeted Assistance.......................... 156
Section 253--Monitoring System................... 158
Section 254--Development and Certification of
Poverty Measurement Methods; Application of
Methods...................................... 158
Section 255--Additional Authorities.............. 159
Subtitle B--Credit Assistance........................ 159
Section 256--Microenterprise Development Credits. 159
Subtitle C--United States Microfinance Loan Facility. 162
Section 257--United States Microfinance Loan
Facility..................................... 162
Subtitle D--Miscellaneous Provisions................. 164
Section 258--Report.............................. 164
Section 259--Definitions......................... 165
Title IX--Utilization of Democratic Institutions in
Development........................................ 167
Section 281--Utilization of Democratic
Institutions in Development.................. 167
Title XII--Famine Prevention and Freedom From Hunger. 168
Section 296--General Provisions.................. 168
Section 297--General Authority................... 173
Section 298--Board for International Food and
Agricultural Development..................... 176
Section 299--Authorization....................... 178
Section 300--Annual Report....................... 178
Chapter 3--International Organizations and Programs.. 179
Section 301--General Authority................... 179
Section 302--Authorization....................... 181
Section 303--Indus Basin Development............. 185
Section 305--Integration of Women................ 186
Section 306--Reports on International
Organizations................................ 186
Section 307--Withholding of United States
Proportionate Share for Certain Programs of
International Organizations.................. 186
Chapter 5--Contingencies............................. 190
Section 451--Contingencies....................... 190
Chapter 6--Central America Democracy, Peace, and
Development Initiative............................. 191
Section 461--Statement of Policy................. 191
Section 462--Conditions on Furnishing Assistance. 192
Section 463--Peace Process in Central America.... 192
Section 464--Economic Assistance Coordination.... 192
Section 465--Authorization for Fiscal Years 1988
and 1989..................................... 194
Section 466--Definitions......................... 194
Chapter 7--Debt-For-Nature Exchanges................. 194
Section 461--Definition.......................... 194
Section 462--Assistance for Commercial Debt
Exchanges.................................... 195
Section 463--Eligible Projects................... 195
Section 464--Eligible Countries.................. 196
Section 465--Terms and Conditions................ 196
Section 466--Pilot Program for Sub-Saharan Africa 197
Chapter 8--International Narcotics Control........... 197
Section 481--Policy, General Authorities,
Coordination, Foreign Police Actions,
Definitions, and Other Provisions............ 197
Section 482--Authorization....................... 203
Section 483--Prohibition on Use of Foreign
Assistance for Reimbursements for Drug Crop
Eradications................................. 206
Section 484--Requirements Relating to Aircraft
and Other Equipment.......................... 206
Section 485--Records of Aircraft Use............. 208
Section 486--Reallocation of Funds Withheld from
Countries Which Fail to Take Adequate Steps
to Halt Illicit Drug Production or
Trafficking.................................. 208
Section 487--Prohibition on Assistance to Drug
Traffickers.................................. 209
Section 488--Limitations on Acquisition of Real
Property and Construction of Facilities...... 209
Section 489--Reporting Requirements.............. 210
Section 490--Annual Certification Procedures..... 215
Chapter 9--International Disaster Assistance......... 222
Section 491--Policy and General Authority........ 222
Section 492--Authorization....................... 222
Section 493--Disaster Assistance--Coordination... 223
Section 494--Disaster Relief Assistance.......... 223
Section 495--Cyprus Relief and Rehabilitation.... 224
Section 495B--Italy Relief and Rehabilitation.... 224
Section 495C--Lebanon Relief and Rehabilitation.. 225
Section 495D--Romanian Relief and Rehabilitation. 225
Section 495E--Turkey Relief, Rehabilitation, and
Reconstruction............................... 226
Section 495F--African Rehabilitation and
Resettlement................................. 226
Section 495G--Special Caribbean Hurricane Relief
Assistance................................... 227
Section 495H--Cambodian Disaster Relief
Assistance................................... 227
Section 495I--Assistance for Displaced Persons in
Central America.............................. 228
Section 495J--Lebanon Emergency Relief,
Rehabilitation, and Reconstruction Assistance 229
Section 495K--African Famine Assistance.......... 229
Chapter 10--Development Fund for Africa.............. 231
Section 496--Long-Term Development Assistance for
Sub-Saharan Africa........................... 231
Section 497--Authorizations of Appropriations for
the Development Fund for Africa.............. 236
Chapter 11--Support for the Economic and Democratic
Development of the Independent States of the Former
Soviet Union....................................... 238
Section 498--Assistance for the Independent
States....................................... 238
Section 498A--Criteria for Assistance to
Governments of the Independent States........ 241
Section 498B--Authorities Relating to Assistance
and Other Provisions......................... 245
Section 498C--Authorization of Appropriations.... 248
Chapter 12--Support for the Economic and Political
Independence of the Countries of the South Caucasus
and Central Asia................................... 252
Section 499--United States Assistance to Promote
Reconciliation and Recovery from Regional
Conflicts.................................... 252
Section 499A--Economic Assistance................ 252
Section 499B--Development of Infrastructure...... 253
Section 499C--Border Control Assistance.......... 253
Section 499D--Strengthening Democracy, Tolerance,
and the Development of Civil Society......... 254
Section 499E--Administrative Authorities......... 254
Section 499F--Definitions........................ 255
Part II
Chapter 1--Policy.................................... 255
Section 501--Statement of Policy................. 255
Section 502--Utilization of Defense Articles and
Services..................................... 256
Section 502B--Human Rights....................... 257
Chapter 2--Military Assistance....................... 264
Section 503--General Authority................... 264
Section 504--Authorization....................... 266
Section 505--Conditions of Eligibility........... 266
Section 506--Special Authority................... 271
Section 511--Considerations in Furnishing
Military Assistance.......................... 275
Section 514--Stockpiling of Defense Articles for
Foreign Countries............................ 276
Section 515--Overseas Management of Assistance
and Sales Programs........................... 279
Section 516--Authority to Transfer Excess Defense
Articles..................................... 280
Section 517--Designation of Major Non-NATO Allies 284
Chapter 3--Foreign Military Sales.................... 285
Section 524--Reimbursements...................... 285
Chapter 4--Economic Support Fund..................... 286
Section 531--Authority........................... 287
Section 532--Authorizations of Appropriations.... 288
Section 533--Emergency Assistance................ 290
Section 534--Administration of Justice........... 290
Chapter 5--International Military Education and
Training........................................... 292
Section 541--General Authority................... 292
Section 542--Authorization....................... 293
Section 543--Purposes............................ 294
Section 544--Exchange Training................... 294
Section 545--Training in Maritime Skills......... 295
Section 546--Prohibition on Grant Assistance for
Certain High Income Foreign Countries........ 296
Section 547--Consultation Requirement............ 296
Section 548--Records Regarding Foreign
Participants................................. 296
Section 549--Human Rights Report................. 297
Chapter 6--Peacekeeping Operations................... 297
Section 551--General Authority................... 297
Section 552--Authorization of Appropriations..... 297
Section 553--Administrative Authorities.......... 299
Section 554--Data on Costs Incurred in Support of
United Nations Peacekeeping Operations....... 299
Chapter 7--Air Base Construction in Israel........... 299
Section 561--General Authority................... 299
Section 562--Authorization and Utilization of
Funds........................................ 300
Section 563--Waiver Authorities.................. 300
Chapter 8--Antiterrorism Assistance.................. 301
Section 571--General Authority................... 301
Section 572--Purposes............................ 301
Section 573--Limitations......................... 301
Section 574--Authorizations of Appropriations.... 303
Section 575--Administrative Authorities.......... 304
Chapter 9--Nonproliferation and Export Control
Assistance......................................... 304
Section 581--Purposes............................ 304
Section 582--Authorization of Assistance......... 304
Section 583--Transit Interdiction................ 305
Section 584--International Nonproliferation
Export Control Training...................... 306
Section 585--Limitations......................... 306
Section 586--Authorization of Appropriations..... 307
Part III
Chapter 1--General Provisions........................ 307
Section 601--Encouragement of Free Enterprise and
Private Participation........................ 307
Section 602--Small Business...................... 310
Section 603--Shipping on United States Vessels... 311
Section 604--Procurement......................... 311
Section 605--Retention and Use of Certain Items
and Funds.................................... 313
Section 606--Patents and Technical Information... 314
Section 607--Furnishing of Services and
Commodities.................................. 314
Section 608--Advance Acquisition of Property..... 316
Section 610--Transfer Between Accounts........... 318
Section 611--Completion of Plans and Cost
Estimates.................................... 320
Section 612--Use of Foreign Currencies........... 321
Section 613--Accounting, Valuation, Reporting,
and Administration of Foreign Currencies..... 323
Section 614--Special Authorities................. 324
Section 615--Contract Authority.................. 325
Section 616--Availability of Funds............... 326
Section 617--Termination of Assistance........... 326
Section 618--Assistance for a Reconstruction and
Stabilization Crisis......................... 327
Section 620--Prohibitions Against Furnishing
Assistance................................... 328
Section 620A--Prohibition on Assistance to
Governments Supporting International
Terrorism.................................... 340
Section 620C--United States Policy Regarding the
Eastern Mediterranean........................ 342
Section 620E--Assistance to Pakistan............. 345
Section 620F--Nuclear Non-Proliferation Policy in
South Asia................................... 349
Section 620G--Prohibition on Assistance to
Countries That Aid Terrorist States.......... 350
Section 620H--Prohibition on Assistance to
Countries That Provide Military Equipment to
Terrorist States............................. 351
Section 620I--Prohibition on Assistance to
Countries That Restrict United States
Humanitarian Assistance...................... 352
Section 620J--Depleted Uranium Ammunition........ 352
Section 620K--Limitation on Assistance to the
Palestinian Authority........................ 353
Section 620L--Limitation on Assistance for the
West Bank and Gaza........................... 355
Section 620J--Limitation on Assistance to
Security Forces.............................. 357
Chapter 2--Administrative Provisions................. 358
Section 621--Exercise of Functions............... 358
Section 621A--Strengthened Management Practices.. 359
Section 622--Coordination With Foreign Policy.... 359
Section 623--The Secretary of Defense............ 360
Section 624--Statutory Officers.................. 360
Section 625--Employment of Personnel............. 361
Section 626--Experts, Consultants, and Retired
Officers..................................... 364
Section 627--Detail of Personnel to Foreign
Governments.................................. 365
Section 628--Detail of Personnel to International
Organizations................................ 365
Section 629--Status of Personnel Detailed........ 365
Section 630--Terms of Detail or Assignment....... 366
Section 631--Missions and Staffs Abroad.......... 366
Section 632--Allocation and Reimbursement Among
Agencies..................................... 367
Section 633--Waivers of Certain Laws............. 370
Section 633A--Furnishing Information............. 370
Section 634--Annual Report....................... 371
Section 634A--Notification of Program Changes.... 374
Section 634B--Classification of Reports.......... 375
Section 635--General Authorities................. 375
Section 636--Provisions on Uses of Funds......... 378
Section 637--Administrative Expenses............. 383
Section 638--Exclusions.......................... 384
Section 640A--False Claims and Ineligible
Commodities.................................. 384
Section 640B--Coordination....................... 385
Section 640C--Shipping Differential.............. 387
Chapter 3--Miscellaneous Provisions.................. 387
Section 641--Effective Date and Identification of
Programs..................................... 387
Section 642--Statutes Repealed................... 387
Section 643--Saving Provisions................... 388
Section 644--Definitions......................... 388
Section 645--Unexpended Balances................. 391
Section 646--Construction........................ 391
Section 647--Dependable Fuel Supply.............. 392
Section 648--Special Authorization for Use of
Foreign Currencies........................... 392
Section 650--Use of United States Armed Forces... 392
Section 652--Limitation Upon Exercise of Special
Authorities.................................. 392
Section 653--Change in Allocation of Foreign
Assistance................................... 393
Section 654--Presidential Findings and
Determinations............................... 394
Section 655--Annual Military Assistance Report... 394
Section 656--Annual Foreign Military Training
Report....................................... 396
Section 660--Prohibiting Police Training......... 397
Section 661--Trade and Development Agency........ 400
Section 663--Exchanges of Certain Materials...... 403
Section 666--Discrimination Against United States
Personnel.................................... 404
Section 667--Operating Expenses.................. 404
Part IV
Enterprise for the Americas Initiative............... 408
Section 701--Purpose............................. 408
Section 702--Definitions......................... 409
Section 703--Eligibilty for Benefits............. 409
Section 704--Reduction of Certain Debt........... 410
Section 705--Repayment of Principal.............. 411
Section 706--Interest on New Obligations......... 411
Section 707--Enterprise for the Americas Funds... 411
Section 708--Americas Framework Agreements....... 412
Section 709--Enterprise for the Americas Board... 414
Section 710--Annual Reports to the Congress...... 414
Part V
Debt Reduction for Developing Countries with Tropical
Forests............................................ 415
Section 801--Short Title......................... 415
Section 802--Findings and Purposes............... 416
Section 803--Definitions......................... 417
Section 804--Establishment of the Facility....... 418
Section 805--Eligiblity for Benefits............. 418
Section 806--Reduction of Debt Owed to the United
States As a Result of Concessional Loans
Under the Foreign Assistance Act of 1961..... 419
Section 807--Reduction of Debt Owed to the United
States As a Result of Credits Extended Under
Title I of the Agricultural Trade Development
and Assistance Act of 1954................... 420
Section 808--Authority to Engage in Debt-for-
Nature Swaps and Debt Buybacks............... 421
Section 809--Tropical Forest Agreement........... 423
Section 810--Tropical Forest Fund................ 425
Section 811--Board............................... 425
Section 812--Consultations with the Congress..... 426
Section 813--Annual Reports to the Congress...... 426
b. Arms Export Control Act (Public Law 90-629)............... 427
c. Child Soldiers Protection Act of 2008 (Public Law 110-457)
(partial text)............................................. 553
d. Naval Vessel Transfer Act of 2008 (Public Law 110-429).... 558
e. Energy Independence and Security Act of 2007--
International Provisions (Public Law 110-140) (partial
text)...................................................... 562
f. Democratic Republic of the Congo Relief, Security, and
Democracy Promotion Act of 2006 (Public Law 109-456)....... 589
g. Palestinian Anti-Terrorism Act of 2006 (Public Law 109-
446) (partial text)........................................ 596
h. Iran Freedom Support Act (Public Law 109-293) (partial
text)...................................................... 602
i. Transfer of Items in the War Reserves Stockpile for
Allies, Korea (Public Law 109-159)......................... 607
j. Naval Vessels Transfer Act of 2005 (Public Law 109-134)... 609
k. Senator Paul Simon Water for the Poor Act of 2005 (Public
Law 109-121) (partial text)................................ 611
l. Assistance for Orphans and Other Vulnerable Children in
Developing Countries Act of 2005 (Public Law 109-95)
(partial text)............................................. 618
m. Millennium Challenge Act of 2003 (Public Law 108-199)..... 623
n. HELP Commission Act (Public Law 108-199).................. 642
o. Syria Accountability and Lebanese Sovereignty Restoration
Act of 2003 (Public Law 108-175)........................... 649
p. HIV/AIDS, Tuberculosis, and Malaria Assistance............ 657
(1) United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (Public Law
108-25)............................................ 657
(2) Tom Lantos and Henry J. Hyde United States Global
Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Reauthorization Act of 2008 (Public Law
110-293) (partial text)............................ 719
(3) Assistance for International Malaria Control Act
(Public Law 106-570) (partial text)................ 723
(4) Global AIDS and Tuberculosis Relief Act of 2000
(Public Law 106-264)............................... 727
(5) Access to AIDS/HIV Pharmaceuticals and Medical
Technologies (Executive Order 13155)............... 739
q. Afghanistan............................................... 742
(1) Afghanistan Freedom Support Act of 2002 (Public
Law 107-327)....................................... 742
(2) Afghanistan Freedom Support Act Amendments of
2004 (Public Law 108-458) (partial text)........... 766
r. Democratic People's Republic of Korea..................... 769
(1) North Korea Human Rights Act of 2004 (Public Law
108-333)........................................... 769
(2) North Korea Human Rights Reauthorization Act of
2007 (Public Law 110-346).......................... 782
s. Sudan..................................................... 785
(1) Sudan Accountability and Divestment Act of 2007
(Public Law 110-174)............................... 785
(2) Darfur Peace and Accountability Act of 2006
(Public Law 109-344)............................... 793
(3) Comprehensive Peace in Sudan Act of 2004 (Public
Law 108-497)....................................... 805
(4) Sudan Peace Act (Public Law 107-245)............. 811
t. Trafficking in Persons.................................... 821
(1) Trafficking Victims Protection Act of 2000 (Public
Law 106-386)........................................... 821
(2) William Wilberforce Trafficking Victims Protection
Act of 2008 (Public Law 110-457) (partial text)........ 865
(3) Trafficking Victims Protection Reauthorization Act of
2005 (Public Law 109-164) (partial text)............... 888
(4) Trafficking Victims Protection Reauthorization Act of
2003 (Public Law 108-193) (partial text)............... 898
(5) 18 United States Code--Trafficking in Persons........ 900
(6) President's Interagency Task Force to Monitor and
Combat Trafficking in Persons (Executive Order 13257).. 909
u. Jobs Through Trade Export Act of 1994 (Public Law 103-392)
(partial text)............................................. 913
v. Jobs Through Export Act of 1992 (Public Law 102-549)...... 915
w. Overseas Private Investment Corporation Amendments Act of
1988 (Public Law 100-461) (partial text)................... 924
x. Earlier Foreign Assistance Authorization Acts............. 926
(1) Special Foreign Assistance Act of 1986 (Public Law
99-529) (partial text)................................. 926
(2) International Security and Development Cooperation
Act of 1985 (Public Law 99-83) (partial text).......... 932
(3) International Security and Development Assistance
Authorization Act of 1983 (Public Law 98-151) (partial
text).................................................. 990
(4) International Security and Development Cooperation
Act of 1981 (Public Law 97-113) (partial text)......... 994
(5) International Security and Development Cooperation
Act of 1980 (Public Law 96-533) (partial text)......... 1012
(6) International Security Assistance Act of 1979 (Public
Law 96-92) (partial text).............................. 1025
(7) International Development Cooperation Act of 1979
(Public Law 96-53) (partial text)...................... 1028
(8) International Development and Food Assistance Act of
1978 (Public Law 95-424) (partial text)................ 1039
(9) International Security Assistance Act of 1978 (Public
Law 95-384) (partial text)............................. 1043
(10) International Security Assistance Act of 1977
(Public Law 95-92) (partial text)...................... 1047
(11) International Development and Food Assistance Act of
1977 (Public Law 95-88) (partial text)................. 1050
(12) International Security Assistance and Arms Export
Control Act of 1976 (Public Law 94-329) (partial text). 1054
(13) International Development and Food Assistance Act of
1975 (Public Law 94-161) (partial text)................ 1062
(14) Foreign Assistance Act of 1974 (Public Law 93-559)
(partial text)......................................... 1064
(15) Foreign Assistance Act of 1973 (Public Law 93-189)
(partial text)......................................... 1070
(16) Foreign Assistance Act of 1971 (Public Law 92-226)
(partial text)......................................... 1076
(17) Special Foreign Assistance Act of 1971, as amended
(Public Law 91-652) (partial text)..................... 1078
(18) Foreign Military Sales Act Amendments, 1971, as
amended (Public Law 91-672) (partial text)............. 1080
(19) Foreign Assistance Act of 1969, as amended (Public
Law 91-175) (partial text)............................. 1083
(20) Foreign Assistance Act of 1968 (Public Law 90-554)
(partial text)......................................... 1090
(21) Foreign Assistance Act of 1967 (Public Law 90-137).. 1092
(22) Foreign Assistance Act of 1966 (Public Law 89-583).. 1093
(23) Foreign Assistance Act of 1965 (Public Law 89-171).. 1094
(24) Foreign Assistance Act of 1964 (Public Law 88-633)
(partial text)......................................... 1095
(25) Foreign Assistance Act of 1963 (Public Law 88-205).. 1096
(26) Foreign Assistance Act of 1962 (Public Law 87-565).. 1097
2. Foreign Assistance Appropriations............................ 1098
a. Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (Public Law 111-8)....... 1098
b. Supplemental Appropriations Act, 2009 (Public Law 111-32)
(partial text)............................................. 1201
c. Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (Public Law 110-329) (partial
text)...................................................... 1222
d. Supplemental Appropriations Act, 2008 (Public Law 110-252)
(partial text)............................................. 1228
e. Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2008 (Public Law 110-161)
(partial text)............................................. 1246
f. U.S. Troop Readiness, Veterans' Care, Katrina Recovery,
and Iraq Accountability Appropriations Act, 2007 (Public
Law 110-28) (partial text)................................. 1350
g. Continuing Appropriations Resolution, 2007 (Public Law
109-289) (partial text).................................... 1365
h. Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Hurricane Recovery, 2006 (Public
Law 109-234) (partial text)................................ 1373
i. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006 (Public Law 109-102).............. 1380
j. Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Tsunami Relief, 2005 (Public Law
109-13) (partial text)..................................... 1469
k. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-447).............. 1471
l. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2004 (Public Law 108-199).............. 1476
m. Emergency Supplemental Appropriations Act for Defense and
for the Reconstruction of Iraq and Afghanistan, 2004
(Public Law 108-106) (partial text)........................ 1477
n. Emergency Wartime Supplemental Appropriations Act, 2003
(Public Law 108-11)........................................ 1493
o. Kenneth M. Ludden Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2002 (Public Law
107-115) (partial text).................................... 1497
p. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2001 (Public Law 106-429) (partial
text)...................................................... 1499
q. Emergency Supplemental Act, 2000 (Public Law 106-246)
(partial text)............................................. 1506
r. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2000 (Public Law 106-113) (partial
text)...................................................... 1515
s. Miscellaneous Appropriations, 2000 (Public Law 106-113)
(partial text)............................................. 1524
t. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1999 (Public Law 105-277) (partial
text)...................................................... 1529
u. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (Public Law 104-208) (partial
text)...................................................... 1537
v. Mexican Debt Disclosure Act of 1995 (Public Law 104-6)
(partial text)............................................. 1545
w. Foreign Operations, Export Financing, and Related Programs
Supplemental Appropriations Act, 1994 (Public Law 103-306)
(partial text)............................................. 1549
x. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1993 (Public Law 102-391) (partial
text)...................................................... 1551
y. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1991 (Public Law 101-513) (partial
text)...................................................... 1555
z. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990 (Public Law 101-167) (partial
text)...................................................... 1566
aa. Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1989 (Public Law 100-460)
(partial text)............................................. 1581
bb. Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1988 (Public Law 100-202)
(partial text)............................................. 1583
cc. Foreign Assistance and Related Programs Appropriations
Act, 1984 (Deobligation of funds for Syria) (Public Law 98-
151) (partial text)........................................ 1588
dd. Title 31, United States Code--Valid Obligations.......... 1590
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Note.--Volume I is printed in two parts, I-A and I-B, effective 1994. Volume I-B contains legislation
--------------------------------------------------------------------------------------------------------------------------------------------------------
=======================================================================
1. Foreign Assistance and Arms Export Acts *
a. The Foreign Assistance Act of 1961, as amended
Public Law 87-195 [S. 1983], 75 Stat. 424, approved September 4, 1961,
as amended by Public Law 87-329 [Foreign Assistance and Related
Agencies Appropriation Act, 1962; H.R. 9033], 75 Stat. 717,
approved September 30, 1961; Public Law 87-565 [Foreign Assistance
Act of 1962, S. 2996], 76 Stat. 255, approved August 1, 1962;
Public Law 87-793 [Postal Service and Federal Employees Salary Act
of 1962, H.R. 7927], 76 Stat. 832, approved October 11, 1962;
Public Law 88-205 [H.R. 7885], 77 Stat. 379, approved December 16,
1963; Public Law 88-426 [Government Employees Salary Reform Act of
1964, H.R. 11049], 78 Stat. 400, approved August 14, 1964; Public
Law 88-448 [Dual Compensation Act, H.R. 7381], 78 Stat. 484,
approved August 19, 1964; Public Law 88-633 [H.R. 11380], 78 Stat.
1009, approved October 7, 1964; Public Law 88-638 [Amendments to
Agricultural Trade Development and Assistance Act of 1954, as
amended; S. 2687], 78 Stat. 1035, approved October 8, 1964; Public
Law 89-171 [Foreign Assistance Act of 1965; H.R. 7750], 79 Stat.
653, approved September 6, 1965; Public Law 89-371 [H.R. 12169], 80
Stat. 74, approved March 18, 1966; Public Law 89-583 [Foreign
Assistance Act of 1966; H.R. 15750], 80 Stat. 795, approved
September 19, 1966; Public Law 90-137 [Foreign Assistance Act of
1967; S. 1872], 81 Stat. 445, approved November 14, 1967; Public
Law 90-554 [Foreign Assistance Act of 1968; H.R. 15263], 82 Stat.
960, approved October 8, 1968; Public Law 90-629 [Foreign Military
Sales Act, H.R. 15681], 82 Stat. 1320, approved October 22, 1968;
Public Law 91-175 [Foreign Assistance Act of 1969; H.R. 14580], 83
Stat. 805, approved December 30, 1969; Public Law 91-652 [Special
Foreign Assistance Act of 1971, H.R. 19911], 84 Stat. 1942,
approved January 5, 1971; Public Law 92-226 [Foreign Assistance Act
of 1971; S. 2819], 86 Stat. 20, approved February 7, 1972; Public
Law 92-352 [Foreign Relations Authorization Act of 1972, H.R.
14734], 86 Stat. 489, approved July 13, 1972; Public Law 93-189
[Foreign Assistance Act of 1973; S. 1443], 87 Stat. 714, approved
December 17, 1973; Public Law 93-333 [Foreign Disaster Assistance
Act of 1974, H.R. 12412], 88 Stat. 290, approved July 8, 1974;
Public Law 93-390 [Overseas Private Investment Corporation
Amendments Act of 1974, S. 2957], 88 Stat. 763, approved August 27,
1974; Public Law 93-559 [Foreign Assistance Act of 1974; S. 3394],
88 Stat. 1795, approved December 30, 1974; Public Law 94-104 [S.
2230], 89 Stat. 508, approved October 6, 1975; Public Law 94-161
[International Development and Food Assistance Act of 1975; H.R.
9005], 89 Stat. 849, approved December 20, 1975; Public Law 94-273
[Fiscal Year Adjustment Act; S. 2445], 90 Stat. 375, approved April
21, 1976; Public Law 94-276 [Guatemala Relief and Rehabilitation
Act of 1976; S. 3056], 90 Stat. 397, approved April 21, 1976;
Public Law 94-329 [International Security Assistance and Arms
Export Control Act of 1976; H.R. 13680], 90 Stat. 729, approved
June 30, 1976; Public Law 95-21 [Romanian Relief and
Rehabilitation; H.R. 5717], 91 Stat. 48, approved April 18, 1977;
Public Law 95-23 [Supplemental Military Assistance to Portugal for
Fiscal Year 1977; S. 489], 91 Stat. 54, approved April 30, 1977;
Public Law 95-88 [International Development and Food Assistance Act
of 1977; H.R. 6714], 91 Stat. 533, approved August 3, 1977; Public
Law 95-92 [International Security Assistance Act of 1977; H.R.
6884], 91 Stat. 614, approved August 4, 1977; Public Law 95-105
[Foreign Relations Authorization Act, Fiscal Year 1978; H.R. 6689],
91 Stat. 844 at 846, approved August 17, 1977; Public Law 95-268
[OPIC Amendments Act of 1978; H.R. 9179], 92 Stat. 213, approved
April 24, 1978; Public Law 95-384 [International Security
Assistance Act of 1978; S. 3075], 92 Stat. 730, approved September
26, 1978; Public Law 95-424 [International Development and Food
Assistance Act of 1978; H.R. 12222], 92 Stat. 937, approved October
6, 1978; Public Law 96-35 [Special International Security
Assistance Act of 1979; S. 1007], 93 Stat. 89, approved July 20,
1979; Public Law 96-53 [International Development Cooperation Act
of 1979; H.R. 3324], 93 Stat. 359, approved August 14, 1979; Public
Law 96-92 [International Security Assistance Act of 1979; H.R.
3173], 93 Stat. 701, approved October 29, 1979; Public Law 96-109
[Caribbean Hurricane Relief Assistance Authorization; H.R. 5218],
93 Stat. 842, approved November 9, 1979; Public Law 96-110
[Cambodian Disaster Relief Assistance Authorization; H.R. 4995], 93
Stat. 843, approved November 13, 1979; Public Law 96-257 [Special
Central American Assistance Act of 1979; H.R. 6081], 94 Stat. 422,
approved May 31, 1980; Public Law 96-327 [S. 1916], 94 Stat. 1026,
approved August 8, 1980; Public Law 96-450 [Intelligence
Authorization Act for Fiscal Year 1981; S. 2597], 94 Stat. 1975 at
1981, approved October 14, 1980; Public Law 96-465 [Foreign Service
Act of 1980; H.R. 6790], 94 Stat. 2071 at 2158, approved October
17, 1980; Public Law 96-525 [H.R. 8388], 94 Stat. 3043, approved
December 12, 1980; Public Law 96-533 [International Security and
Development Cooperation Act of 1980; H.R. 6942], 94 Stat. 3131,
approved December 16, 1980; Public Law 97-65 [OPIC Amendments Act
of 1981; H.R. 3136], 95 Stat. 1021, approved October 16, 1981;
Public Law 97-113 [International Security and Development
Cooperation Act of 1981; S. 1196], 95 Stat. 1519, approved December
29, 1981; Public Law 97-164 [Federal Courts Improvement Act; H.R.
4482], 96 Stat. 25 at 48, approved April 2, 1982; Public Law 97-208
[Humanitarian Assistance for the People of Lebanon; H.R. 6631], 96
Stat. 138, approved June 30, 1982; Public Law 97-377 [Further
Continuing Appropriations Act, 1983; H.J. Res. 631], 96 Stat. 1830
at 1831, approved December 21, 1982; Public Law 97-438 [H.R. 7143],
96 Stat. 2286, approved January 8, 1983; Public Law 98-151 [Further
Continuing Appropriations, 1984; H.J. Res. 413], 97 Stat. 964,
approved November 14, 1983; Public Law 98-164 [Department of State
Authorization Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat.
1017, approved November 22, 1983; Public Law 98-473 [Continuing
Appropriations, 1985; H.J. Res. 648], 98 Stat. 1837 at 1884,
approved October 12, 1984; Public Law 99-8 [African Famine Relief
and Recovery Act of 1985; S. 689], 99 Stat. 21, approved April 2,
1985; Public Law 99-64 [Export Administration Amendments Act of
1985; S. 883], 99 Stat. 156, approved July 12, 1985, Public Law 99-
83 [International Security and Development Cooperation Act of 1985;
S. 960], 99 Stat. 190, approved August 8, 1985; Public Law 99-93
[Foreign Relations Authorization Act, Fiscal Years 1986 and 1987;
H.R. 2068], 99 Stat. 405 at 442, approved August 16, 1985; Public
Law 99-204 [Overseas Private Investment Corporation Amendments Act
of 1985; S. 947], 99 Stat. 1669 approved December 23, 1985; Public
Law 99-399 [Omnibus Diplomatic Security and Antiterrorism Act of
1986; H.R. 4151], 100 Stat. 853, approved August 27, 1986; Public
Law 99-440 [Comprehensive Anti-Apartheid Act of 1986; H.R. 4868],
100 Stat. 1086, approved October 2, 1986; Public Law 99-514 [Tax
Reform Act of 1986; H.R. 3838], 100 Stat. 2085, approved October
22, 1986; Public Law 99-529 [Special Foreign Assistance Act of
1986; S. 1917], 100 Stat. 3010, approved October 24, 1986; Public
Law 99-570 [Anti-Drug Abuse Act of 1986; H.R. 5484], 100 Stat.
3207, approved October 27, 1986; Public Law 99-661 [National
Defense Authorization Act for Fiscal Year 1987; S. 2368], 100 Stat.
3816, approved November 14, 1986; Public Law 100-202 [Continuing
Appropriations Act, 1988; H.J. Res. 395], 101 Stat. 1329, approved
December 22, 1987; Public Law 100-204 [Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989; H.R. 1777], 101
Stat. 1331, approved December 22, 1987; Public Law 100-418 [Omnibus
Trade and Competitiveness Act of 1988; H.R. 4848], 102 Stat. 1107,
approved August 23, 1988; Public Law 100-461 [Foreign Operations,
Export Financing and Related Programs Appropriations Act, 1989;
H.R. 4637], 102 Stat. 2268, approved October 1, 1988; Public Law
100-690 [International Narcotics Control Act of 1988; H.R. 5210],
102 Stat. 4181, approved November 18, 1988; Public Law 101-165
[Department of Defense Appropriations Act, 1990; H.R. 3072], 103
Stat. 1112, approved November 21, 1989; Public Law 101-167 [Foreign
Operations, Export Financing, and Related Programs Appropriations
Act, 1990; H.R. 3743], 103 Stat. 1195, approved November 21, 1989;
Public Law 101-179 [Support for East European Democracy (SEED) Act
of 1989; H.R. 3402], 103 Stat. 1298, approved November 28, 1989;
Public Law 101-189 [National Defense Authorization Act for Fiscal
Years 1990 and 1991; H.R. 2461], 103 Stat. 1352, approved November
29, 1989; Public Law 101-218 [Renewable Energy and Energy
Efficiency Technology Competitiveness Act of 1989; S. 488], 103
Stat. 1868, approved December 11, 1989; Public Law 101-222 [Anti-
Terrorism and Arms Export Amendments Act of 1989; H.R. 91], 103
Stat. 1892, approved December 12, 1989; Public Law 101-231
[International Narcotics Control Act of 1989; H.R. 3611], 103 Stat.
1954, approved December 13, 1989; Public Law 101-240 [International
Development and Finance Act of 1989; H.R. 2494], 103 Stat. 2492,
approved December 19, 1989; Public Law 101-302 [Dire Emergency
Supplemental Appropriation for Disaster Assistance, Food Stamps,
Unemployment Compensation Administration, and Other Urgent Needs,
and Transfers, and Reducing Funds Budgeted for Military Spending
Act of 1990; H.R. 4404], 104 Stat. 213, approved May 25, 1990;
Public Law 101-510 [National Defense Authorization Act for Fiscal
Year 1991; H.R. 4739], 104 Stat. 1485, approved November 5, 1990;
Public Law 101-513 [Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991; H.R. 5114], 104 Stat.
1979, approved November 5, 1990; Public Law 101-604 [Aviation
Security Improvement Act of 1990; H.R. 5732], 104 Stat. 3066,
approved November 16, 1990; Public Law 101-623 [International
Narcotics Control Act of 1990; H.R. 5567], 104 Stat. 3350, approved
November 21, 1990; Public Law 102-88 [Intelligence Authorization
Act, Fiscal Year 1991; H.R. 1455], 105 Stat. 429, approved August
14, 1991; Public Law 102-190 [National Defense Authorization Act
for Fiscal Years 1992 and 1993; H.R. 2100], 105 Stat. 1290,
approved December 5, 1991; H.R. 2621 as passed by the House on June
19, 1991 [parts of which were enacted by reference in Public Law
102-145, as amended by Public Law 102-266, 106 Stat. 92, approved
April 1, 1992]; Public Law 102-391 [Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1993; H.R.
5368], 106 Stat. 1633, approved October 6, 1992; Public Law 102-484
[National Defense Authorization Act for Fiscal Year 1993; H.R.
5006], 106 Stat. 2315, approved October 23, 1992; Public Law 102-
511 [FREEDOM Support Act; S. 2532], 106 Stat. 3320, approved
October 24, 1992; Public Law 102-549 [Jobs Through Exports Act of
1992; H.R. 4996], 106 Stat. 3651, approved October 28, 1992; Public
Law 102-550 [Housing and Community Development Act of 1992; H.R.
5334], 106 Stat. 3672, approved October 28, 1992; Public Law 102-
572 [Federal Courts Administration Act of 1992; S. 1569], 106 Stat.
4506, approved October 29, 1992; Public Law 102-583 [International
Narcotics Control Act of 1992; H.R. 6187], 106 Stat. 4914, approved
November 2, 1992; Public Law 103-87 [Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1994; H.R.
2295], 107 Stat. 931, approved September 30, 1993; Public Law 103-
149 [South African Democratic Transition Support Act of 1993; H.R.
3225], 107 Stat. 1503, approved November 23, 1993; Public Law 103-
160 [National Defense Authorization Act for Fiscal Year 1994; H.R.
2401], 107 Stat. 1547, approved November 30, 1993; Public Law 103-
199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December
17, 1993; Public Law 103-236 [Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved
April 30, 1994; Public Law 103-306 [Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1995; H.R.
4426], 108 Stat. 1608, approved August 23, 1994; Public Law 103-392
[Jobs Through Trade Expansion Act of 1994; H.R. 4950], 108 Stat.
4098, approved October 22, 1994; Public Law 103-437 [United States
Code Technical Amendments; H.R. 4777], 108 Stat. 4581, approved
November 2, 1994; Public Law 103-447 [International Narcotics
Control Corrections Act of 1994; H.R. 5246], 108 Stat. 4691,
approved November 2, 1994; Public Law 104-66 [Federal Reports
Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707,
approved December 21, 1995; Public Law 104-99 [Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1996;
H.R. 1868], enacted by reference in section 301 of H.R. 2880, 110
Stat. 26, approved January 26, 1996, enacted again as Public Law
104-107 [H.R. 1868], 110 Stat. 704, approved February 12, 1996;
Public Law 104-106 [National Defense Authorization Act for Fiscal
Year 1996; S. 1124], 110 Stat. 186, approved February 10, 1996;
Public Law 104-114 [Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996; H.R. 927], 110 Stat. 785, approved March
12, 1996; Public Law 104-132 [Antiterrorism and Effective Death
Penalty Act of 1996; S. 735], 110 Stat. 1214, approved April 24,
1996; Public Law 104-164 [H.R. 3121], 110 Stat. 1421, approved July
21, 1996; Public Law 104-188 [Small Business Job Protection Act of
1996; H.R. 3448], 110 Stat. 1755, approved August 20, 1996; Public
Law 104-208 [Omnibus Consolidated Appropriations Act, 1997; H.R.
3610], 110 Stat. 3009, approved September 30, 1996; Public Law 104-
319 [Human Rights, Refugee, and Other Foreign Relations Provisions
Act of 1996; H.R. 4036], 110 Stat. 3864, approved October 19, 1996;
Public Law 105-118 [Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998; H.R. 2159], 111 Stat.
2386, approved November 26, 1997; Public Law 105-214 [Tropical
Forest Conservation Act of 1998; H.R. 2870], 112 Stat. 885,
approved July 29, 1998; Public Law 105-277 [Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1999;
Foreign Affairs Reform and Restructuring Act of 1998; and Foreign
Relations Authorization Act, Fiscal Years 1998 and 1999; H.R.
4328], 112 Stat. 2681, approved October 21, 1998; Public Law 105-
292 [International Religious Freedom Act of 1998; H.R. 2431], 112
Stat. 2787, approved October 27, 1998; Public Law 105-320 [Torture
Victims Relief Act of 1998; H.R. 4309], 112 Stat. 3016, approved
October 30, 1998; Public Law 105-362 [Federal Reports Elimination
Act of 1998; S. 1364], 112 Stat. 3280, approved November 10, 1998;
Public Law 106-31 [1999 Emergency Supplemental Appropriations Act;
H.R. 1141], 113 Stat. 57, approved May 21, 1999; Public Law 106-87
[Torture Victims Relief Reauthorization Act of 1999; H.R. 2367],
113 Stat. 1301, approved November 3, 1999; Public Law 106-113 [Silk
Road Strategy Act of 1999; Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2000; H.R. 3324 enacted by
reference in sec. 1000(a)(2) of Consolidated Appropriations Act for
Fiscal Year 2000; H.R. 3194], 113 Stat. 1501, approved November 29,
1999; Public Law 106-113 [Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001;
H.R. 3427 enacted by reference in sec. 1000(a)(7) of Consolidated
Appropriations Act for Fiscal Year 2000; H.R. 3194], 113 Stat.
1501, approved November 29, 1999; Public Law 106-113 [Arms Control,
Nonproliferation, and Security Assistance Act of 1999; division B
of H.R. 3427, enacted by reference in sec. 1000(a)(7) of
Consolidated Appropriations Act for Fiscal Year 2000; H.R. 3194],
113 Stat. 1501, approved November 29, 1999; Public Law 106-158
[Export Enhancement Act of 1999; H.R. 3381], 113 Stat. 1745,
approved December 9, 1999; Public Law 106-200 [African Growth and
Opportunity Act; title I of H.R. 434], 114 Stat. 252, approved May
18, 2000; Public Law 106-264 [Global AIDS and Tuberculosis Relief
Act of 2000; H.R. 3519], 114 Stat. 748, approved August 19, 2000;
Public Law 106-280 [Security Assistance Act of 2000; H.R. 4919],
114 Stat. 845, approved October 6, 2000; Public Law 106-309
[Microenterprise for Self-Reliance and International Anti-
Corruption Act of 2000; H.R. 1143], 114 Stat. 1078, approved
October 17, 2000; Public Law 106-373 [Famine Prevention and Freedom
From Hunger Improvement Act of 2000; H.R. 4002], 114 Stat. 1427,
approved October 27, 2000; Public Law 106-386 [Victims of
Trafficking and Violence Protection Act of 2000; H.R. 3244], 114
Stat.1464, approved October 28, 2000; Public Law 106-429 [Foreign
Operations, Export Financing, and Related Programs Appropriations
Act, 2001; H.R. 5526, enacted by reference in H.R. 4811], 114 Stat.
1900A-3, approved November 6, 2000; Public Law 107-26 [H.R. 2131],
115 Stat. 206, approved August 17, 2001; Public Law 107-228
[Foreign Relations Authorization Act, Fiscal Year 2003; H.R. 1646],
116 Stat. 1350, approved September 30, 2002; Public Law 107-246
[Russian Democracy Act of 2002; H.R. 2121], 116 Stat. 1511,
approved October 23, 2002; Public Law 107-372 [H.R. 4883], 116
Stat. 3078, approved December 19, 2002; Public Law 108-25 [United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act
of 2003; H.R. 1298], 117 Stat. 711, approved May 27, 2003; Public
Law 108-31 [H.R. 192], 117 Stat. 775, approved June 17, 2003;
Public Law 108-158 [Overseas Private Investment Corporation
Amendments Act of 2003; S. 1824], 117 Stat. 1949, approved December
3, 2003; Public Law 108-193 [Trafficking Victims Protection
Reauthorization Act of 2003; H.R. 2620], 117 Stat. 2875, approved
December 19, 2003; Public Law 108-287 [Department of Defense
Appropriations Act, 2005; H.R. 4613], 118 Stat. 951, approved
August 5, 2004; Public Law 108-323 [H.R. 4654], 118 Stat. 1218,
approved October 6, 2004; Public Law 108-332 [Global Anti-Semitism
Review Act of 2004; S. 2292], 118 Stat. 1282, approved October 16,
2004; Public Law 108-447 [Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005; H.R. 4818], 118 Stat.
2809, approved December 8, 2004; Public Law 108-458 [Intelligence
Reform and Terrorism Prevention Act of 2004; S. 2845], 118 Stat.
3638, approved December 17, 2004; Public Law 108-484
[Microenterprise Results and Accountability Act of 2004; H.R.
3818], 118 Stat. 3922, approved December 23, 2004; Public Law 109-
13 [Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Tsunami Relief, 2005; H.R. 1268], 119
Stat. 231, approved May 11, 2005; Public Law 109-95 [Assistance for
Orphans and Other Vulnerable Children in Developing Countries Act
of 2005; H.R. 1409], 119 Stat. 2111, approved November 8, 2005;
Public Law 109-102 [Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2006; H.R. 3057], 119 Stat.
2172, approved November 14, 2005; Public Law 109-121 [Senator Paul
Simon Water for the Poor Act of 2005; H.R. 1973], 119 Stat. 2533,
approved December 1, 2005; Public Law 109-177 [USA PATRIOT
Improvement and Reauthorization Act of 2005; H.R. 3199], 120 Stat.
192, approved March 9, 2006; Public Law 109-234 [Emergency
Supplemental Appropriations Act for Defense, The Global War on
Terror, and Hurricane Recovery, 2006; H.R. 4939], 120 Stat. 418,
approved June 15, 2006; Public Law 109-446 [Palestinian Anti-
Terrorism Act of 2006; S. 2370], 120 Stat. 3318, approved December
21, 2006; Public Law 109-472 [Department of State Authorities Act
of 2006; H.R. 6060], 120 Stat. 3554, approved January 11, 2007;
Public Law 110-161 [Consolidated Appropriations Act, 2008; H.R.
2764], 121 Stat. 1844, approved December 26, 2007; Public Law 110-
246 [Food, Conservation, and Energy Act of 2008; H.R. 6124], 122
Stat. 1651, enacted over the President's veto June 18, 2008; Public
Law 110-293 [Tom Lantos and Henry J. Hyde United States Global
Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008; H.R. 5501], 122 Stat. 2918, approved
July 30, 2008; and Public Law 111-32 [Supplemental Appropriations
Act, 2009; H.R. 2346], 123 Stat. 1859, approved June 24, 2009
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* Note.--The Foreign Assistance Act will be referred to as the FA
Act and ``this Act.''
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AN ACT To promote the foreign policy, security, and general welfare of
the United States by assisting peoples of the world in their efforts
toward economic development and internal and external security, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as ``The Foreign Assistance Act of 1961.'' \1\
---------------------------------------------------------------------------
\1\ Sec. 111 of the Foreign Assistance and Related Agencies
Appropriation Act, 1962 (Public Law 87-329; 75 Stat. 719) added the
short title.
---------------------------------------------------------------------------
PART I
Chapter 1--Policy; Development Assistance Authorizations \2\
Sec. 101.\3\ General Policy.--(a) The Congress finds that
fundamental political, economic, and technological changes have
resulted in the interdependence of nations. The Congress
declares that the individual liberties, economic prosperity,
and security of the people of the United States are best
sustained and enhanced in a community of nations which respect
individual civil and economic rights and freedoms and which
work together to use wisely the world's limited resources in an
open and equitable international economic system. Furthermore,
the Congress reaffirms the traditional humanitarian ideals of
the American people and renews its commitment to assist people
in developing countries to eliminate hunger, poverty, illness,
and ignorance.
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\2\ Sec. 101(a) of the FA Act of 1963 struck out the words ``Short
Title and'' in the chapter heading, which formerly read ``Short Title
and Policy''. Sec. 2(1) of the FA Act of 1973 added the following words
to the chapter heading: ``Development Assistance Authorizations''.
\3\ 22 U.S.C. 2151. Sec. 101 of the International Development and
Food Assistance Act of 1978 (92 Stat. 937) added sec. 101. Previously,
sec. 101 had related to the short title before being repealed by the FA
Act of 1963. This general policy statement was formerly contained in
sec. 102 before 1978.
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Therefore, the Congress declares that a principal objective
of the foreign policy of the United States is the encouragement
and sustained support of the people of developing countries in
their efforts to acquire the knowledge and resources essential
to development and to build the economic, political, and social
institutions which will improve the quality of their lives.
United States development cooperation policy should
emphasize five \4\ principal goals:
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\4\ Sec. 203(a)(1) of the International Anti-Corruption and Good
Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1091)
struck out ``four'' and inserted in lieu thereof ``five''.
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(1) the alleviation of the worst physical
manifestations of poverty among the world's poor
majority;
(2) the promotion of conditions enabling developing
countries to achieve self-sustaining economic growth
with equitable distribution of benefits;
(3) the encouragement of development processes in
which individual civil and economic rights are
respected and enhanced; \5\
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\5\ Sec. 203(a) of the International Anti-Corruption and Good
Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1091)
struck out ``and'' at the end of para. (3), replaced a period at the
end of para. (4) with ``; and'', and added a new para. (5).
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(4) the integration of the developing countries into
an open and equitable international economic system;
and
(5) \5\ the promotion of good governance through
combating corruption and improving transparency and
accountability.
The Congress declares that pursuit of these goals requires
that development concerns be fully reflected in United States
foreign policy and that United States development resources be
effectively and efficiently utilized.
(b) \6\ Under the policy guidance of the Secretary of
State, the agency primarily responsible for administering this
part should have the responsibility for coordinating all United
States development-related activities.
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\6\ The responsibilities of the Agency mentioned in this subsection
were transferred to the Director of IDCA, pursuant to sec. 6 of
Reorganization Plan No. 2 of 1979 (establishing IDCA). The
responsibilities of the Secretary of State, insofar as they relate to
policy guidance other than foreign policy guidance, were also
transferred to the Director. Subsequently, the Reorganization Plan No.
2 of 1979 ceased to be effective with enactment of the Foreign Affairs
Reform and Restructuring Act of 1998, pursuant to sec. 1422(a)(1)
(division G of Public Law 105-277; 112 Stat. 2681).
Sec. 1413 of the Foreign Affairs Reform and Restructuring Act of
1998 (22 U.S.C. 6563; 112 Stat. 2681-791), furthermore, provided the
following:
---------------------------------------------------------------------------
``sec. 1413. status of aid.
---------------------------------------------------------------------------
``(a) In General.--Unless abolished pursuant to the reorganization
plan submitted under section 1601, and except as provided in section
1412, there is within the Executive branch of Government the United
States Agency for International Development as an entity described in
section 104 of title 5, United States Code.
``(b) Retention of Officers.--Nothing in this section shall require
the reappointment of any officer of the United States serving in the
Agency for International Development of the United States International
Development cooperation Agency as of the day before the effective date
of this title.''.
Sec. 1522 of that Act (22 U.S.C. 6592; 112 Stat. 2681-794),
furthermore, provided the following:
---------------------------------------------------------------------------
``sec. 1522. administrator of aid reporting to the secretary of state.
---------------------------------------------------------------------------
``The Administrator of the Agency for International Development,
appointed pursuant to section 624(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2384(a)), shall report to and be under the direct
authority and foreign policy guidance of the Secretary of State.''.
---------------------------------------------------------------------------
Sec. 102.\7\ Development Assistance Policy.--(a) The
Congress finds that the efforts of developing countries to
build and maintain the social and economic institutions
necessary to achieve self-sustaining growth and to provide
opportunities to improve the quality of life for their people
depend primarily upon successfully marshalling their own
economic and human resources. The Congress recognizes that the
magnitude of these efforts exceeds the resources of developing
countries and therefore accepts that there will be a long-term
need for wealthy countries to contribute additional resources
for development purposes. The United States should take the
lead in concert with other nations to mobilize such resources
from public and private sources.
---------------------------------------------------------------------------
\7\ 22 U.S.C. 2151-1. Sec. 101 of the International Development and
Food Assistance Act of 1978 (92 Stat. 927) struck out sec. 102, which
concerned a statement of policy, and added a new sec. 102.
---------------------------------------------------------------------------
Provision of development resources must be adapted to the
needs and capabilities of specific developing countries. United
States assistance to countries with low per capita incomes
which have limited access to private external resources should
primarily be provided on concessional terms. Assistance to
other developing countries should generally consist of programs
which facilitate their access to private capital markets,
investment, and technical skills, whether directly through
guarantee or reimbursable programs by the United States
Government or indirectly through callable capital provided to
the international financial institutions.
Bilateral assistance and United States participation in
multilateral institutions shall emphasize programs in support
of countries which pursue development strategies designed to
meet basic human needs and achieve self-sustaining growth with
equity.
The Congress declares that the principal purpose of United
States bilateral development assistance is to help the poor
majority of people in developing countries to participate in a
process of equitable growth through productive work and to
influence decisions that shape their lives, with the goal of
increasing their incomes and their access to public services
which will enable them to satisfy their basic needs and lead
lives of decency, dignity, and hope. Activities shall be
emphasized that effectively involve the poor in development by
expanding their access to the economy through services and
institutions at the local level, increasing their participation
in the making of decisions that affect their lives, increasing
labor-intensive production and the use of appropriate
technology, expanding productive investment and services out
from major cities to small towns and rural areas, and otherwise
providing opportunities for the poor to improve their lives
through their own efforts. Participation of the United States
in multilateral institutions shall also place appropriate
emphasis on these principles.
(b) Assistance under this chapter should be used not only
for the purpose of transferring financial resources to
developing countries, but also to help countries solve
development problems in accordance with a strategy that aims to
insure wide participation of the poor in the benefits of
development on a sustained basis. Moreover, assistance shall be
provided in a prompt and effective manner, using appropriate
United States institutions for carrying out this strategy. In
order to achieve these objectives and the broad objectives set
forth in section 101 and in subsection (a) of this section,
bilateral development assistance authorized by this Act shall
be carried out in accordance with the following principles:
(1) Development is primarily the responsibility of
the people of the developing countries themselves.
Assistance from the United States shall be used in
support of, rather than substitution for, the self-help
efforts that are essential to successful development
programs and shall be concentrated in those countries
that take positive steps to help themselves. Maximum
effort shall be made, in the administration of this
part, to stimulate the involvement of the people in the
development process through the encouragement of
democratic participation in private and local
governmental activities and institution building
appropriate to the requirements of the recipient
countries.
(2) Development planning must be the responsibility
of each sovereign country. United States assistance
should be administered in a collaborative style to
support the development goals chosen by each country
receiving assistance.
(3) United States bilateral development assistance
should give high priority to undertakings submitted by
host governments which directly improve the lives of
the poorest of their people and their capacity to
participate in the development of their countries,
while also helping such governments enhance their
planning, technical, and administrative capabilities
needed to insure the success of such undertakings.
(4) Development assistance provided under this
chapter shall be concentrated in countries which will
make the most effective use of such assistance to help
satisfy basic human needs of poor people through
equitable growth, especially in those countries having
the greatest need for outside assistance. In order to
make possible consistent and informed judgments in this
respect, the President shall assess the commitment and
progress of countries in moving toward the objectives
and purposes of this chapter by utilizing criteria,
including but not limited to the following:
(A) increase in agricultural productivity per
unit of land through small-farm, labor-
intensive agriculture;
(B) reduction of infant mortality;
(C) control of population growth;
(D) promotion of greater equality of income
distribution, including measures such as more
progressive taxation and more equitable returns
to small farmers;
(E) reduction of rates of unemployment and
underemployment; \8\
---------------------------------------------------------------------------
\8\ Sec. 203(b)(1) of the International Anti-Corruption and Good
Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1092)
struck out ``and'' at the end of subpara. (E), replaced a period at the
end of subpara. (F) with ``; and'', and added a new subpara. (G).
---------------------------------------------------------------------------
(F) increase in literacy; and
(G) \8\ progress in combating corruption and
improving transparency and accountability in
the public and private sector.
(5) United States development assistance should focus
on critical problems in those functional sectors which
affect the lives of the majority of the people in the
developing countries; food production and nutrition;
rural development and generation of gainful employment;
population planning and health; environment and natural
resources; education, development administration, and
human resources development; and energy development and
production.\9\
---------------------------------------------------------------------------
\9\ Sec. 104(a) of the International Development Cooperation Act of
1979 (Public Law 96-53; 93 Stat. 360) added the reference to energy
development and production.
---------------------------------------------------------------------------
(6) United States assistance shall encourage and
promote the participation of women in the national
economies of developing countries and the improvement
of women's status as an important means of promoting
the total development effort.
(7) United States bilateral assistance shall
recognize that the prosperity of developing countries
and effective development efforts require the adoption
of an overall strategy that promotes the development,
production,\9\ and efficient utilization of energy and,
therefore, consideration shall be given to the full
implications of such assistance on the price,
availability, and consumption of energy in recipient
countries.
(8) United States cooperation in development should
be carried out to the maximum extent possible through
the private sector, including those institutions which
already have ties in the developing areas, such as
educational institutions, cooperatives, credit unions,
free labor unions, and private and voluntary agencies.
(9) To the maximum extent practicable, United States
private investment should be encouraged in economic and
social development programs to which the United States
lends support.
(10) Assistance shall be planned and utilized to
encourage regional cooperation by developing countries
in the solution of common problems and the development
of shared resources.
(11) Assistance efforts of the United States shall be
planned and furnished to the maximum extent practicable
in coordination and cooperation with assistance efforts
of other countries, including the planning and
implementation of programs and projects on a
multilateral and multidonor basis.
(12) United States bilateral development assistance
should be concentrated on projects which do not involve
large-scale capital transfers. However, to the extent
that such assistance does involve large-scale capital
transfers, it should be furnished in association with
contributions from other countries working together in
a multilateral framework.
(13) \10\ United States encouragement of policy
reforms is necessary if developing countries are to
achieve economic growth with equity.
---------------------------------------------------------------------------
\10\ Sec. 301 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) added paras.
(13), (14), (15), and (16).
---------------------------------------------------------------------------
(14) \10\ Development assistance should, as a
fundamental objective, promote private sector activity
in open and competitive markets in developing
countries, recognizing such activity to be a productive
and efficient means of achieving equitable and long-
term economic growth.
(15) \10\ United States cooperation in development
should recognize as essential the need of developing
countries to have access to appropriate technology in
order to improve food and water, health and housing,
education and employment, and agriculture and industry.
(16) \10\ United States assistance should focus on
establishing and upgrading the institutional capacities
of developing countries in order to promote long-term
development. An important component of institution
building involves training to expand the human resource
potential of people in developing countries.
(17) \11\ Economic reform and development of
effective institutions of democratic governance are
mutually reinforcing. The successful transition of a
developing country is dependent upon the quality of its
economic and governance institutions. Rule of law,
mechanisms of accountability and transparency, security
of person, property, and investments, are but a few of
the critical governance and economic reforms that
underpin the sustainability of broad-based economic
growth. Programs in support of such reforms strengthen
the capacity of people to hold their governments
accountable and to create economic opportunity.
---------------------------------------------------------------------------
\11\ Sec. 203(b)(2) of the International Anti-Corruption and Good
Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1092)
added para. (17).
---------------------------------------------------------------------------
(c) The Congress, recognizing the desirability of
overcoming the worst aspects of absolute poverty by the end of
this century by, among other measures, substantially lowering
infant mortality and birth rates, and increasing life
expectancy, food production, literacy, and employment,
encourages the President to explore with other countries,
through all appropriate channels, the feasibility of a
worldwide cooperative effort to overcome the worst aspects of
absolute poverty and to assure self-reliant growth in the
developing countries by the year 2000.
Note.--Foreign assistance appropriations for fiscal
year 2009 are included in the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2009 (division H of the Omnibus Appropriations
Act, 2009; Public Law 111-8; 123 Stat. 524 at 831), and
in title XI of the Supplemental Appropriations Act,
2009 (Public Law 111-32; 123 Stat. 1859 at 1890).
Amounts appropriated by those Acts to carry out the
purposes of provisions contained in the Foreign
Assistance Act of 1961, during fiscal year 2009 unless
otherwise specified, are included in footnotes.
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Note.--Prior to fiscal year 1992, Congress appropriated funds for each of the Development Assistance For fiscal year 2009, for the provisions of sections 103, 105, 106, 251 through 255 (Microenterprise
Grant Assistance), and chapter 10 of part I of the Foreign Assistance Act of 1961 (Development
Assistance and Development Fund for Africa), Congress appropriated $1,800,000,000, to remain available
until September 30, 2010. Congress also appropriated $1,955,000,000 in fiscal year 2009, to remain
available until September 30, 2010, for child survival and maternal health programs, immunization and
oral rehydration programs, other health, nutrition, water and sanitation programs, assistance for
children displaced or orphaned by causes other than AIDS, programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases, and
family planning and reproductive health.
Congress also enacted a Supplemental Appropriations Act, 2009 (Public Law 111-32; 123 Stat 1859),
title XI of which provided supplemental funds for fiscal year 2009, including an additional
$150,000,000 for ``Global Health and Child Survival''.--------------------------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Note.--Transfer Authority. The Department of State, Foreign Operations, and Related Programs
``transfer authority ``Sec. 7009. (a) Department of State and Broadcasting Board of Governors.-- * * *
``(b) Export Financing Transfer Authorities.--Not to exceed 5 percent of any appropriation other than
for administrative expenses made available for fiscal year 2009, for programs under title VI of this
Act may be transferred between such appropriations for use for any of the purposes, programs, and
activities for which the funds in such receiving account may be used, but no such appropriation,
except as otherwise specifically provided, shall be increased by more than 25 percent by any such
transfer: Provided, That the exercise of such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
``(c)(1) Limitation on Transfers Between Agencies.--None of the funds made available under titles II
through V of this Act may be transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
``(2) Notwithstanding paragraph (1), in addition to transfers made by, or authorized elsewhere in,
this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of
1961 may be allocated or transferred to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign Assistance Act of 1961.
``(d) Transfers Between Accounts.--None of the funds made available under titles II through V of this
Act may be obligated under an appropriation account to which they were not appropriated, except for
transfers specifically provided for in this Act, unless the President provides notification in
accordance with the regular notification procedures of the Committees on Appropriations.
``(e) Audit of Inter-Agency Transfers.--Any agreement for the transfer or allocation of funds
appropriated by this Act, or prior Acts, entered into between the United States Agency for
International Development and another agency of the United States Government under the authority of
section 632(a) of the Foreign Assistance Act of 1961 or any comparable provision of law, shall
expressly provide that the Office of the Inspector General for the agency receiving the transfer or
allocation of such funds shall perform periodic program and financial audits of the use of such funds:
Provided, That funds transferred under such authority may be made available for the cost of such
audits.''.--------------------------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Note.--Availability of Funds. The Department of State, Foreign Operations, and Related Programs
``Availability of Funds ``Sec. 7011. No part of any appropriation contained in this Act shall remain available for obligation
after the expiration of the current fiscal year unless expressly so provided in this Act: Provided,
That funds appropriated for the purposes of chapters 1, 8, 11, and 12 of part I, section 661, section
667, chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assistance Act of 1961, section 23 of the
Arms Export Control Act, and funds provided under the headings `Assistance for Europe, Eurasia and
Central Asia' and `Development Credit Authority', shall remain available for an additional 4 years
from the date on which the availability of such funds would otherwise have expired, if such funds are
initially obligated before the expiration of their respective periods of availability contained in
this Act: Provided further, That, notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 which are allocated or obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available until expended.''.--------------------------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Note.--Reprogramming Notification Requirements. The Department of State, Foreign Operations, and
``reprogramming notification requirements ``Sec. 7015. (a) * * * [relating to Department of State]
``(b) * * * [relating to Department of State]
``(c) For the purposes of providing the executive branch with the necessary administrative
flexibility, none of the funds made available under titles II through V in this Act under the headings
`Global Health and Child Survival', `Development Assistance', `International Organizations and
Programs', `Trade and Development Agency', `International Narcotics Control and Law Enforcement',
`Andean Counterdrug Programs', `Assistance for Europe, Eurasia and Central Asia', `Economic Support
Fund', `Democracy Fund', `Peacekeeping Operations', `Capital Investment Fund', `Operating Expenses',
`Office of Inspector General', `Nonproliferation, Anti-terrorism, Demining and Related Programs',
`Millennium Challenge Corporation', `Foreign Military Financing Program', `International Military
Education and Training', `Peace Corps', and `Migration and Refugee Assistance', shall be available for
obligation for activities, programs, projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the Committees on Appropriations for
obligation under any of these specific headings unless the Committees on Appropriations are previously
notified 15 days in advance: Provided, That the President shall not enter into any commitment of funds
appropriated for the purposes of section 23 of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 20 percent in
excess of the quantities justified to Congress unless the Committees on Appropriations are notified 15
days in advance of such commitment: Provided further, That this subsection shall not apply to any
reprogramming for an activity, program, or project for which funds are appropriated under titles II
through IV of this Act of less than 10 percent of the amount previously justified to the Congress for
obligation for such activity, program, or project for the current fiscal year.
``(d) Notwithstanding any other provision of law, funds transferred by the Department of Defense to
the Department of State and the United States Agency for International Development, and funds made
available for programs authorized by section 1206 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109-163), shall be subject to the regular notification procedures of the
Committees on Appropriations, and the agency receiving the transfer or allocation shall perform
periodic program financial audits of the use of such funds and such funds may be made available for
the cost of such audits.
``(e) The requirements of this section or any similar provision of this Act or any other Act,
including any prior Act requiring notification in accordance with the regular notification procedures
of the Committees on Appropriations, may be waived if failure to do so would pose a substantial risk
to human health or welfare: Provided, That in case of any such waiver, notification to the Congress,
or the appropriate congressional committees, shall be provided as early as practicable, but in no
event later than 3 days after taking the action to which such notification requirement was applicable,
in the context of the circumstances necessitating such waiver: Provided further, That any notification
provided pursuant to such a waiver shall contain an explanation of the emergency circumstances.
``(f) None of the funds appropriated under titles III through VI of this Act shall be obligated or
expended for assistance for Serbia, Sudan, Zimbabwe, Pakistan, Dominican Republic, Cuba, Iran, Haiti,
Libya, Ethiopia, Nepal, Mexico, or Cambodia and countries listed in section 7045(f)(4) of this Act
except as provided through the regular notification procedures of the Committees on Appropriations.''.--------------------------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Note.--The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009
``special authorities ``Sec. 7034. (a) Afghanistan, Iraq, Pakistan, Lebanon, Montenegro, Victims of War, Displaced
Children, and Displaced Burmese.--Funds appropriated under titles III through VI of this Act that are
made available for assistance for Afghanistan may be made available notwithstanding section 7012 of
this Act or any similar provision of law and section 660 of the Foreign Assistance Act of 1961, and
funds appropriated in titles III and VI of this Act that are made available for Iraq, Lebanon,
Montenegro, Pakistan, and for victims of war, displaced children, and displaced Burmese, and to assist
victims of trafficking in persons and, subject to the regular notification procedures of the
Committees on Appropriations, to combat such trafficking, may be made available notwithstanding any
other provision of law.
``(b)(1) Waiver.--The President may waive the provisions of section 1003 of Public Law 100-204 if the
President determines and certifies in writing to the Speaker of the House of Representatives and the
President pro tempore of the Senate that it is important to the national security interests of the
United States.
``(2) Period of Application of Waiver.--Any waiver pursuant to paragraph (1) shall be effective for
no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment
of this Act.
``(c) Small Business.--In entering into multiple award indefinite-quantity contracts with funds
appropriated by this Act, the United States Agency for International Development may provide an
exception to the fair opportunity process for placing task orders under such contracts when the order
is placed with any category of small or small disadvantaged business.
``(d) * * * [amends other legislation]
``(e) Reconstituting Civilian Police Authority.--In providing assistance with funds appropriated by
this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging
from instability may be deemed to mean support for regional, district, municipal, or other sub-
national entity emerging from instability, as well as a nation emerging from instability.
``(f) International Prison Conditions.--Funds appropriated by this Act to carry out the provisions of
chapters 1 and 11 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, and the
Support for East European Democracy (SEED) Act of 1989, shall be made available for assistance to
address inhumane conditions in prisons and other detention facilities administered by foreign
governments that the Secretary of State determines are making efforts to address, among other things,
prisoners' health, sanitation, nutrition and other basic needs: Provided, That the Secretary of State
shall designate a Deputy Assistant Secretary of State in the Bureau of Democracy, Human Rights and
Labor to have primary responsibility for diplomatic efforts related to international prison
conditions.
``(g) * * * [amends other legislation]
``(h) World Food Program.--Of the funds managed by the Bureau for Democracy, Conflict, and
Humanitarian Assistance of the United States Agency for International Development, from this or any
other Act, not less than $10,000,000 shall be made available as a general contribution to the World
Food Program, notwithstanding any other provision of law.
``(i) Library of Congress.--Notwithstanding any other provision of law, of the funds appropriated
under the heading ``Embassy Security, Construction, and Maintenance'', not less than $2,000,000 shall
be made available for the Capital Security Cost-Sharing fees of the Library of Congress.
``(j) Disarmament, Demobilization and Reintegration.--Notwithstanding any other provision of law,
regulation or Executive order, funds appropriated by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs under the headings `Economic Support
Fund', `Peacekeeping Operations', `International Disaster Assistance', and `Transition Initiatives'
should be made available to support programs to disarm, demobilize, and reintegrate into civilian
society former members of foreign terrorist organizations: Provided, That the Secretary of State shall
consult with the Committees on Appropriations prior to the obligation of funds pursuant to this
subsection: Provided further, That for the purposes of this subsection the term `foreign terrorist
organization' means an organization designated as a terrorist organization under section 219 of the
Immigration and Nationality Act.
``(k) Nongovernmental Organizations.--With respect to the provision of assistance for democracy,
human rights and governance activities, the organizations implementing such assistance and the
specific nature of that assistance shall not be subject to the prior approval by the government of any
foreign country.
``(l) Program for Research and Training on Eastern Europe and the Independent States of the Former
Soviet Union.--Of the funds appropriated by this Act under the heading, `Economic Support Fund', not
less than $5,000,000 shall be made available to carry out the Program for Research and Training on
Eastern Europe and the Independent States of the Former Soviet Union (title VIII) as authorized by the
Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C. 4501-4508, as amended).
``(m) Authority.--Funds appropriated or otherwise made available by title III of the Department of
State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of Public Law 110-
161) under the heading `Economic Support Fund' that are available for a competitively awarded grant
for nuclear security initiatives relating to North Korea shall be made available notwithstanding any
other provision of law.
``(n) Middle East Foundation.--Funds appropriated by this Act and prior Acts for a Middle East
Foundation shall be subject to the regular notification procedures of the Committees on
Appropriations.
``(o) Global Food Security.--Notwithstanding any other provision of law, to include minimum funding
requirements or funding directives, funds made available under the headings `Development Assistance'
and `Economic Support Fund' in this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made available to address critical food
shortages, subject to prior consultation with, and the regular notification procedures of, the
Committees on Appropriations.''.--------------------------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Note.--See also title XI of the Supplemental Appropriations Act, 2009 (Public Law 111-32; 123 Stat.
--------------------------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Note.--The Federal Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 109 Stat. 707), as Sec. 3003(d) of that Act, however, exempted certain sections of law from the application of subsec.
(a). Among those exempted were several reports required by the Foreign Assistance Act of 1961 in secs.
116, 240A, 306, 489, 502B, and 634. Among those exempted were several reports required by the Arms
Export Control Act in secs. 25, 28, and 36. Among those exempted was sec. 502 of the International
Security and Development Cooperation Act of 1985. See sec. 3003(a) of Public Law 104-66 for a complete
list of exempted sections of law.
Sec. 209(e) of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal
Years 2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1536), continued the requirement of several reports to which Public Law 104-66 would otherwise
have applied, including those required in secs. 118(f), 239(c), and 620C(c) of the Foreign Assistance
Act of 1961; sec. 1205 of the International Security and Development Cooperation Act of 1985; secs.
533(b) and 586J(c)(4) of the Foreign Assistance Appropriations Act, 1991. For a complete list of
sections of law exempted from the application of sec. 3003(a) of Public Law 104-66 by the Nance/
Donovan Act, see sec. 209(e) of Public Law 106-113.--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec. 103.\12\ Agriculture, Rural Development, and
Nutrition.--(a)(1) In recognition of the fact that the great
majority of the people of developing countries live in rural
areas and are dependent on agriculture and agricultural-related
pursuits for their livelihood, the President is authorized to
furnish assistance, on such terms and conditions as he may
determine, for agriculture, rural development, and nutrition--
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\12\ 22 U.S.C. 2151a. Sec. 103, as added by sec. 2(3) of the FA Act
of 1973 (87 Stat. 715), was amended and restated by sec. 103(a) of the
International Development and Food Assistance Act of 1978 (92 Stat.
943). Previous amendments to sec. 103 were made by sec. 2 of Public Law
93-559 (88 Stat. 1795), sec. 302 of Public Law 94-161 (89 Stat. 856),
and by sec. 102 of Public Law 95-88 (91 Stat. 534).
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(A) to alleviate starvation, hunger, and
malnutrition;
(B) to expand significantly the provision of basic
services to rural poor people to enhance their capacity
for self-help; and
(C) to help create productive farm and off-farm
employment in rural areas to provide a more viable
economic base and enhance opportunities for improved
incomes, living standards, and contributions by rural
poor people to the economic and social development of
their countries.
(2) There are authorized to be appropriated to the
President for purposes of this section, in addition to funds
otherwise available for such purposes, $760,000,000 for the
fiscal year 1986 and $760,000,000 for the fiscal year 1987.\13\
Of these amounts, the President may use such amounts as he
deems appropriate to carry out the provisions of section 316 of
the International Security and Development Cooperation Act of
1980.\14\
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\13\ Sec. 302 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) added
authorization figures for fiscal years 1986 and 1987. Authorizations
for recent years included: fiscal year 1975--$500,000,000; fiscal year
1976--$618,000,000; fiscal year 1977--$745,000,000; fiscal year 1978--
$580,000,000; fiscal year 1979--$665,231,000; fiscal year 1980--
$659,000,000; fiscal year 1981--$713,500,000; fiscal year 1982--
$700,000,000; fiscal year 1983--$700,000,000; fiscal year 1984--
$725,213,000; fiscal year 1985--no authorization; fiscal years 1988
through 2009--no authorization.
\14\ Sec. 316 of the International Security and Development
Cooperation Act of 1980 concerns world hunger and instructs the
Director of IDCA to encourage the ongoing work of PVOs to deal with
world hunger problems abroad.
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(3) \15\ Of the amounts authorized to be appropriated in
paragraph; (2) for the fiscal year 1987, not less than
$2,000,000 shall be available only for the purpose of
controlling and eradicating amblyomman variegatum (heartwater)
in bovine animals in the Caribbean.
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\15\ Sec. 1304 of Public Law 99-399 (100 Stat. 898) added para.
(3).
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(b)(1) Assistance provided under this section shall be used
primarily for activities which are specifically designed to
increase the productivity and income of the rural poor, through
such means as creation and strengthening of local institutions
linked to the regional and national levels; organization of a
system of financial institutions which provide both savings and
credit services to the poor; stimulation of small, labor-
intensive enterprises in rural towns; improvement of marketing
facilities and systems; expansion of rural infrastructure and
utilities such as farm-to-market roads, water management
systems, land improvement, energy, and storage facilities;
establishment of more equitable and more secure land tenure
arrangements; and creation and strengthening of systems to
provide other services and supplies needed by farmers, such as
extension, research, training, fertilizer, water, forestry,
soil conservation, and improved seed, in ways which assure
access to them by small farmers.
(2) In circumstances where development of major
infrastructure is necessary to achieve the objectives set forth
in this section, assistance for that purpose should be
furnished under this chapter in association with significant
contributions from other countries working together in a
multilateral framework. Infrastructure projects so assisted
should be complemented by other measures to ensure that the
benefits of the infrastructure reach the poor.
(3) \16\ The Congress recognizes that the accelerating loss
of forests and tree cover in developing countries undermines
and offsets efforts to improve agricultural production and
nutrition and otherwise to meet the basic human needs of the
poor. Deforestation results in increased flooding, reduction in
water supply for agricultural capacity, loss of firewood and
needed wood products, and loss of valuable plants and animals.
In order to maintain and increase forest resources, the
President is authorized to provide assistance under this
section for forestry projects which are essential to fulfill
the fundamental purposes of this section. Emphasis shall be
given to community woodlots, agroforestry, reforestation,
protection of watershed forests, and more effective forest
management.
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\16\ Sec. 101 of the International Development Cooperation Act of
1979 (Public Law 96-53; 93 Stat. 359) added para. (3) and subsec. (f).
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(c) The Congress finds that the greatest potential for
significantly expanding availability of food for people in
rural areas and augmenting world food production at relatively
low cost lies in increasing the productivity of small farmers
who constitute a majority of the agricultural producers in
developing countries. Increasing the emphasis on rural
development and expanded food production in the poorest nations
of the developing world is a matter of social justice and a
principal element contributing to broadly based economic
growth, as well as an important factor in alleviating inflation
in the industrialized countries. In the allocation of funds
under this section, special attention shall be given to
increasing agricultural production in countries which have been
designated as ``least developed'' by the United Nations General
Assembly.
(d) Assistance provided under this section shall also be
used in coordination with programs carried out under section
104 to help improve nutrition of the people of developing
countries through encouragement of increased production of
crops with greater nutritional value; improvement of planning,
research, and education with respect to nutrition, particularly
with reference to improvement and expanded use of indigenously
produced foodstuffs; and the undertaking of pilot or
demonstration programs explicitly addressing the problem of
malnutrition of poor and vulnerable people. In particular, the
President is encouraged--
(1) to devise and carry out in partnership with
developing countries a strategy for programs of
nutrition and health improvement for mothers and
children, including breast feeding; and
(2) to provide technical, financial, and material
support to individuals or groups at the local level for
such programs.
(e) Local currency proceeds from sales of commodities
provided under the Food for Peace Act \17\ which are owned by
foreign governments shall be used whenever practicable to carry
out the provisions of this section.
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\17\ Sec. 3001(b) of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural Trade
Development and Assistance Act of 1954'' and inserted in lieu thereof
``Food for Peace Act''.
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(f) \16\ The Congress finds that the efforts of developing
countries to enhance their national food security deserves
encouragement as a matter of United States development
assistance policy. Measures complementary to assistance for
expanding food production in developing countries are needed to
help assure that food becomes increasingly available on a
regular basis to the poor in such countries. Therefore, United
States bilateral assistance under this Act and the Food for
Peace Act,\17\ and United States participation in multilateral
institutions, shall emphasize policies and programs which
assist developing countries to increase their national food
security by improving their food policies and management and by
strengthening national food reserves, with particular concern
for the needs of the poor, through measures encouraging
domestic production, building national food reserves, expanding
available storage facilities, reducing postharvest food losses,
and improving food distribution.
(g) \18\ (1) In order to carry out the purposes of this
section, the President may continue United States participation
in and may make contributions to the International Fund for
Agricultural Development.
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\18\ Sec. 1001 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) amended and
restated subsec. (g). Subsec. (g) was originally added by sec. 301(c)
of the International Security and Development Cooperation Act of 1981
(Public Law 97-113; 95 Stat. 1532). It previously read as follows: ``In
order to carry out the purposes of this section, the President may
continue to participate in and may provide, on such terms and
conditions as he may determine, up to $180,000,000 to the International
Fund for Agricultural Development. There are authorized to be
appropriated to the President for the purposes of this subsection
$180,000,000, except that not more than $40,500,000 may be appropriated
under this subsection for the fiscal year 1982. Amounts appropriated
under this subsection are authorized to remain available until
expended.''.
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(2) Of the aggregate amount authorized to be appropriated
to carry out part I of this Act, up to $50,000,000 for fiscal
year 1986 and up to $50,000,000 for fiscal year 1987 may be
made available, by appropriation or by transfer, for United
States contributions to the second replenishment of the
International Fund for Agricultural Development.
Sec. 103A.\19\ Agricultural Research.--Agricultural
research carried out under this Act shall (1) take account of
the special needs of small farmers in the determination of
research priorities, (2) include research on the
interrelationships among technology, institutions, and
economic, social, environmental,\20\ and cultural factors
affecting small-farm agriculture, and (3) make extensive use of
field testing to adapt basic research to local conditions.
Special emphasis shall be placed on disseminating research
results to the farms on which they can be put to use, and
especially on institutional and other arrangements needed to
assure that small farmers have effective access to both new and
existing improved technology.
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\19\ 22 U.S.C. 2151a-1. Sec. 303 of Public Law 94-161 (89 Stat.
849) added sec. 103A.
\20\ Sec. 103(d) of the International Development and Food
Assistance Act of 1978 (92 Stat. 945) inserted ``environmental,''.
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Sec. 104.\21\ Population and Health.--(a) Findings.--The
Congress recognizes that poor health conditions and
uncontrolled population growth can vitiate otherwise successful
development efforts.
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\21\ 22 U.S.C. 2151b. Sec. 104, as added by sec. 2(3) of the FA Act
of 1973 (87 Stat. 715), was amended and restated by sec. 104(a) of the
International Development and Food Assistance Act of 1978 (92 Stat.
945). Previous amendments to sec. 104 were made by sec. 4(1) of Public
Law 93-559 (88 Stat. 1795), sec. 304 of Public Law 94-161 (89 Stat.
857), and sec. 103 of Public Law 95-88 (91 Stat. 534).
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Large families in developing countries are the result of
complex social and economic factors which change relatively
slowly among the poor majority least affected by economic
progress, as well as the result of a lack of effective birth
control. Therefore, effective family planning depends upon
economic and social change as well as the delivery of services
and is often a matter of political and religious sensitivity.
While every country has the right to determine its own policies
with respect to population growth, voluntary population
planning programs can make a substantial contribution to
economic development, higher living standards, and improved
health and nutrition.
Good health conditions are a principal element in improved
quality of life and contribute to the individual's capacity to
participate in the development process, while poor health and
debilitating disease can limit productivity.
(b) Assistance for Population Planning.--In order to
increase the opportunities and motivation for family planning
and to reduce the rate of population growth, the President is
authorized to furnish assistance, on such terms and conditions
as he may determine, for voluntary population planning. In
addition to the provision of family planning information and
services, including also information and services which relate
to and support natural family planning methods,\22\ and the
conduct of directly relevant demographic research, population
planning programs shall emphasize motivation for small
families.
---------------------------------------------------------------------------
\22\ Sec. 302(a) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3145) inserted ``,
including also information and services which related to and support
natural family planning methods,''.
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(c) \23\ Assistance for Health and Disease Prevention.--(1)
\24\ In order to contribute to improvements in the health of
the greatest number of poor people in developing countries, the
President is authorized to furnish assistance, on such terms
and conditions as he may determine, for health programs.
Assistance under this subsection shall be used primarily for
basic integrated health services, safe water and sanitation,
disease prevention and control, and related health planning and
research. The assistance shall emphasize self-sustaining
community-based health programs by means such as training of
health auxiliary and other appropriate personnel, support for
the establishment and evaluation of projects that can be
replicated on a broader scale, measures to improve management
of health programs, and other services and suppliers to support
health and disease prevention programs.
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\23\ Sec. 301(a)(1) of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117
Stat. 711) struck out paras. (4) through (7) of subsec. (c), originally
added by sec. 111(a) and sec. 203 of the Global AIDS and Tuberculosis
Relief Act of 2000 (Public Law 106-264; 114 Stat. 751, 759). The
paragraphs had read as follows:
``(4)(A) Congress recognizes the growing international dilemma of
children with the human immunodeficiency virus (HIV) and the merits of
intervention programs aimed at this problem. Congress further
recognizes that mother-to-child transmission prevention strategies can
serve as a major force for change in developing regions, and it is,
therefore, a major objective of the foreign assistance program to
control the acquired immune deficiency syndrome (AIDS) epidemic.
``(B) The agency primarily responsible for administering this part
shall--
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``(i) coordinate with UNAIDS, UNICEF, WHO, national and local
governments, and other organizations to develop and implement effective
strategies to prevent vertical transmission of HIV; and
``(ii) coordinate with those organizations to increase intervention
programs and introduce voluntary counseling and testing, antiretroviral
drugs, replacement feeding, and other strategies.
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``(5)(A) Congress expects the agency primarily responsible for
administering this part to make the human immunodeficiency virus (HIV)
and the acquired immune deficiency syndrome (AIDS) a priority in the
foreign assistance program and to undertake a comprehensive,
coordinated effort to combat HIV and AIDS.
``(B) Assistance described in subparagraph (A) shall include help
providing--
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``(i) primary prevention and education;
``(ii) voluntary testing and counseling;
``(iii) medications to prevent the transmission of HIV from mother to
child; and
``(iv) care for those living with HIV or AIDS.
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``(6)(A) In addition to amounts otherwise available for such
purpose, there is authorized to be appropriated to the President
$300,000,000 for each of the fiscal years 2001 and 2002 to carry out
paragraphs (4) and (5).
``(B) Of the funds authorized to be appropriated under subparagraph
(A), not less than 65 percent is authorized to be available through
United States and foreign nongovernmental organizations, including
private and voluntary organizations, for-profit organizations,
religious affiliated organizations, educational institutions, and
research facilities.
``(C)(i) Of the funds authorized to be appropriated by subparagraph
(A), not less than 20 percent is authorized to be available for
programs as part of a multidonor strategy to address the support and
education of orphans in sub-Saharan Africa, including AIDS orphans.
``(ii) Assistance made available under this subsection, and
assistance made available under chapter 4 of part II to carry out the
purposes of this subsection, may be made available notwithstanding any
other provision of law that restricts assistance to foreign countries.
``(D) Of the funds authorized to be appropriated under subparagraph
(A), not less than 8.3 percent is authorized to be available to carry
out the prevention strategies for vertical transmission referred to in
paragraph (4)(A).
``(E) Of the funds authorized to be appropriated by subparagraph
(A), not more than 7 percent may be used for the administrative
expenses of the agency primarily responsible for carrying out this part
of this Act in support of activities described in paragraphs (4) and
(5).
``(F) Funds appropriated under this paragraph are authorized to
remain available until expended.
``(7)(A) Congress recognizes the growing international problem of
tuberculosis and the impact its continued existence has on those
nations that had previously largely controlled the disease. Congress
further recognizes that the means exist to control and treat
tuberculosis, and that it is therefore a major objective of the foreign
assistance program to control the disease. To this end, Congress
expects the agency primarily responsible for administering this part)--
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``(i) to coordinate with the World Health Organization, the Centers for
Disease Control, the National Institutes of Health, and other organizations
toward the development and implementation of a comprehensive tuberculosis
control program; and
``(ii) to set as a goal the detection of at least 70 percent of the cases
of infectious tuberculosis, and the cure of at least 85 percent of the
cases detected, in those countries in which the agency has established
development programs, by December 31, 2010.
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``(B) There is authorized to be appropriated to the President,
$60,000,000 for each of the fiscal years 2001 and 2002 to be used to
carry out this paragraph. Funds appropriated under this subparagraph
are authorized to remain available until expended.''.
Sec. 103 of the International Malaria Control Act of 2000 (Public
Law 106-570; 114 Stat. 3039; 22 U.S.C. 2151b-1) provided the following:
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``sec. 103. assistance for malaria prevention, treatment, control, and
elimination.
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``(a) Assistance.--
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``(1) In general.--The Administrator of the United States Agency for
International Development, in coordination with the heads of other
appropriate Federal agencies and nongovernmental organizations, shall
provide assistance for the establishment and conduct of activities designed
to prevent, treat, control, and eliminate malaria in countries with a high
percentage of malaria cases.
``(2) Consideration of interaction among epidemics.--In providing
assistance pursuant to paragraph (1), the Administrator should consider the
interaction among the epidemics of HIV/AIDS, malaria, and tuberculosis.
``(3) Dissemination of information requirement.--Activities referred to
in paragraph (1) shall include the dissemination of information relating to
the development of vaccines and therapeutic agents for the prevention of
malaria (including information relating to participation in, and the
results of, clinical trials for such vaccines and agents conducted by
United States Government agencies) to appropriate officials in such
countries.
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``(b) Authorization of Appropriations.--
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``(1) In general.--There are authorized to be appropriated to carry out
subsection (a) $50,000,000 for each of the fiscal years 2001 and 2002.
``(2) Availability.--Amounts appropriated pursuant to the authorization
of appropriations under paragraph (1) are authorized to remain available
until expended.''.
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\24\ The para. designation ``(1)'' and a new para. (2) were added
by sec. 541(a) of the Foreign Assistance Appropriations Act, 1985, as
contained in the Continuing Appropriations Act, 1985 (Public Law 98-
473). This amendment had been included as sec. 303 of H.R. 5119, the
International Security and Development Cooperation Act of 1984, as
passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 303 of
H.R. 5119.
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(2) \24\ (A) In carrying out the purposes of this
subsection, the President shall promote, encourage, and
undertake activities designed to deal directly with the special
health needs of children and mothers. Such activities should
utilize simple, available technologies which can significantly
reduce childhood mortality, such as improved and expanded
immunization programs, oral rehydration to combat diarrhoeal
diseases, and education programs aimed at improving nutrition
and sanitation and at promoting child spacing. In carrying out
this paragraph, guidance shall be sought from knowledgeable
health professionals from outside the agency primarily
responsible for administering this part. In addition to
government-to-government programs, activities pursuant to this
paragraph should include support for appropriate activities of
the types described in this paragraph which are carried out by
international organizations (which may include international
organizations receiving funds under chapter 3 of this part) and
by private and voluntary organizations, and should include
encouragement to other donors to support such types of
activities.
(B) \25\ In addition to amounts otherwise available for
such purpose, there are authorized to be appropriated to the
President $25,000,000 for fiscal year 1986 and $75,000,000 for
fiscal year 1987 for use in carrying out this paragraph.
Amounts appropriated under this subparagraph are authorized to
remain available until expended.
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\25\ Sec. 304 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) replaced an
authorization figure of ``$25,000,000'' with ``$25,000,000 for fiscal
year 1986 and $25,000,000 for fiscal year 1987''. Section 103(b) of
Public Law 99-529 (100 Stat. 3010) replaced the $25,000,000
authorization for fiscal year 1987 with an authorization of
$75,000,000. Fiscal years 1988 through 2009--no authorization.
Title III and sec. 7060 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2009 (division H
of Public Law 111-8; 123 Stat. 842, 898), provided the following:
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``global health and child survival
``(including transfer of funds)
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for global
health activities, in addition to funds otherwise available for such
purposes, $1,955,000,000, to remain available until September 30, 2010,
and which shall be apportioned directly to the United States Agency for
International Development: Provided, That this amount shall be made
available for such activities as: (1) child survival and maternal
health programs; (2) immunization and oral rehydration programs; (3)
other health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related education
programs; (4) assistance for children displaced or orphaned by causes
other than AIDS; (5) programs for the prevention, treatment, control
of, and research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases, and for assistance to communities severely
affected by HIV/AIDS, including children infected or affected by AIDS;
and (6) family planning/reproductive health: Provided further, That
none of the funds appropriated under this paragraph may be made
available for nonproject assistance, except that funds may be made
available for such assistance for ongoing health activities: Provided
further, That of the funds appropriated under this paragraph, not to
exceed $400,000, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of child
survival, maternal and family planning/reproductive health, and
infectious disease programs: Provided further, That of the funds
appropriated under this paragraph, $75,000,000 should be made available
for a United States contribution to The GAVI Fund, and up to $5,000,000
may be transferred to, and merged with, funds appropriated by this Act
under the heading `Operating Expenses' in title II for costs directly
related to global health, but funds made available for such costs may
not be derived from amounts made available for contributions under this
and preceding provisos: Provided further, That none of the funds made
available in this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization or
program which, as determined by the President of the United States,
supports or participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That any
determination made under the previous proviso must be made no later
than 6 months after the date of enactment of this Act, and must be
accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made available
under this Act may be used to pay for the performance of abortion as a
method of family planning or to motivate or coerce any person to
practice abortions: Provided further, That nothing in this paragraph
shall be construed to alter any existing statutory prohibitions against
abortion under section 104 of the Foreign Assistance Act of 1961:
Provided further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided further, That in
order to reduce reliance on abortion in developing nations, funds shall
be available only to voluntary family planning projects which offer,
either directly or through referral to, or information about access to,
a broad range of family planning methods and services, and that any
such voluntary family planning project shall meet the following
requirements: (1) service providers or referral agents in the project
shall not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative
estimates or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes, gratuities, or
financial reward to: (A) an individual in exchange for becoming a
family planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services; (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to
the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the Administrator of the United
States Agency for International Development determines that there has
been a violation of the requirements contained in paragraph (1), (2),
(3), or (5) of this proviso, or a pattern or practice of violations of
the requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations a report
containing a description of such violation and the corrective action
taken by the Agency: Provided further, That in awarding grants for
natural family planning under section 104 of the Foreign Assistance Act
of 1961 no applicant shall be discriminated against because of such
applicant's religious or conscientious commitment to offer only natural
family planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or appropriating
funds for the Department of State, foreign operations, and related
programs, the term `motivate', as it relates to family planning
assistance, shall not be construed to prohibit the provision,
consistent with local law, of information or counseling about all
pregnancy options: Provided further, That information provided about
the use of condoms as part of projects or activities that are funded
from amounts appropriated by this Act shall be medically accurate and
shall include the public health benefits and failure rates of such use.
``In addition, for necessary expenses to carry out the provisions
of the Foreign Assistance Act of 1961 for the prevention, treatment,
and control of, and research on, HIV/AIDS, $5,159,000,000, to remain
available until expended, and which shall be apportioned directly to
the Department of State: Provided, That of the funds appropriated under
this paragraph, not less than $600,000,000 shall be made available,
notwithstanding any other provision of law, except for the United
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of
2003 (Public Law 108-25), as amended, for a United States contribution
to the Global Fund to Fight AIDS, Tuberculosis and Malaria, and shall
be expended at the minimum rate necessary to make timely payment for
projects and activities: Provided further, That up to 5 percent of the
aggregate amount of funds made available to the Global Fund in fiscal
year 2009 may be made available to the United States Agency for
International Development for technical assistance related to the
activities of the Global Fund: Provided further, That of the funds
appropriated under this paragraph, up to $14,000,000 may be made
available, in addition to amounts otherwise available for such
purposes, for administrative expenses of the Office of the Global AIDS
Coordinator.
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* * * * * * *
``global health activities
---------------------------------------------------------------------------
``Sec. 7060. (a) Funds appropriated by titles III and IV of this
Act that are made available for bilateral assistance for child survival
activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/AIDS may
be made available notwithstanding any other provision of law except for
the provisions under the heading `Global Health and Child Survival' and
the United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as
amended: Provided, That of the funds appropriated under title III of
this Act, not less than $545,000,000 should be made available for
family planning/reproductive health.
``(b) Notwithstanding any other provision of this Act, 10 percent
of the funds that are appropriated by this Act for a contribution to
support the Global Fund to Fight AIDS, Tuberculosis and Malaria (the
`Global Fund') shall be withheld from obligation to the Global Fund
until the Secretary of State reports to the Committees on
Appropriations that the Global Fund--
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``(1) is releasing incremental disbursements only if grantees demonstrate
progress against clearly defined performance indicators; and
``(2) is implementing a reporting system that breaks down grantee budget
allocations by programmatic activity.''.
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In the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009, see also: in title II, paragraph
relating to assistance for the independent states of the Former Soviet
Union; and in title VII, sec. 7015, relating to reprogramming
notification requirements; sec. 7019, relating to allocations; sec.
7020, relating to prohibition of payment of certain expenses; sec.
7032, relating to authority to engage in debt buybacks or sales; sec.
7059, relating to USAID management; sec. 7073, relating to independent
states of the former Soviet Union; and sec. 7079, relating to
contribution to United Nations Population Fund.
In the Millennium Challenge Act of 2003 (title VI of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
2004), see sec. 605, relating to authorization of assistance.
Title XI of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1892), provided the following:
---------------------------------------------------------------------------
``BILATERAL ECONOMIC ASSISTANCE
``Funds Appropriated to the President
``global health and child survival
---------------------------------------------------------------------------
``For an additional amount for `Global Health and Child Survival',
$150,000,000, to remain available until September 30, 2010: Provided,
That $50,000,000 shall be made available for pandemic preparedness and
response: Provided further, That $100,000,000 shall be made available,
notwithstanding any other provision of law, except for the United
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of
2003 (Public Law 108-25), for a United States contribution to the
Global Fund to Fight AIDS, Tuberculosis and Malaria: Provided further,
That notwithstanding any other provision of law, to include minimum
funding requirements or funding directives, if the President determines
and reports to the Committees on Appropriations that the human-to-human
transmission of the H1N1 virus is efficient and sustained, severe, and
is spreading internationally, funds made available under the headings
`Global Health and Child Survival', `Development Assistance', `Economic
Support Fund', and `Millennium Challenge Corporation' in prior Acts
making appropriations for the Department of State, foreign operations,
and related programs may be made available to combat the H1N1 virus:
Provided further, That funds made available pursuant to the authority
of the previous proviso shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.''.
See also the President's Memorandum of January 23, 2009, to the
Secretary of State and the Administrator of the U.S. Agency for
International Development, relating to the Mexico City Policy and
assistance for voluntary population planning (74 F.R. 4903). That
memorandum revoked Presidential Memoranda of January 22, 2001, March
28, 2001 (66 F.R. 17303), and August 29, 2003 (68 F.R. 52323), and,
furthermore, provided the following: ``In addition, I direct the
Secretary of State and the Administrator of USAID to take the following
actions with respect to conditions in voluntary population planning to
either the 2001 or 2003 memoranda and that are not required by the
Foreign Assistance Act or any other law: (1) immediately waive such
conditions in any current grants, and (2) notify current grantees, as
soon as possible, that these conditions have been waived. I further
direct that the Department of States and USAID immediately cease
imposing these conditions in any future grants.''.
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(C) Appropriations pursuant to subparagraph (B) may be
referred to as the ``Child Survival Fund.''
(3) \26\ The Congress recognizes that the promotion of
primary health care is a major objective of the foreign
assistance program. The Congress further recognizes that
simple, relatively low-cost means already exist to reduce
incidence of communicable diseases among children, mothers, and
infants. The promotion of vaccines for immunization, and salts
for oral rehydration, therefore, is an essential feature of the
health assistance program. To this end, the Congress expects
the agency primarily responsible for administering this part to
set as a goal the protection of not less than 80 percent of all
children, in those countries in which such agency has
established development programs, from immunizable diseases by
January 1, 1991. Of the aggregate amounts made available for
fiscal year 1987 to carry out paragraph (2) of this subsection
(relating to the Child Survival Fund) and to carry out
subsection (c) (relating to development assistance for health),
$50,000,000 shall be used to carry out this paragraph.\27\
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\26\ Sec. 305 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) added para.
(3). Sec. 305(b) of the Act provides that: ``Each annual report
required by section 634 of the Foreign Assistance Act of 1961 shall
describe the progress achieved during the preceding fiscal year in
carrying out section 104(c)(3) of such Act.''.
\27\ Sec. 103(a) of Public Law 99-529 (100 Stat. 3010) added the
last sentence of para. (3).
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(4) \28\ Relationship to other laws.--Assistance made
available under this subsection and sections 104A, 104B, and
104C, and assistance made available under chapter 4 of part II
to carry out the purposes of this subsection and the provisions
cited in this paragraph, may be made available notwithstanding
any other provision of law that restricts assistance to foreign
countries, except for the provisions of this subsection, the
provisions of law cited in this paragraph, subsection (f),
section 634A of this Act, and provisions of law that limit
assistance to organizations that support or participate in a
program of coercive abortion or involuntary sterilization
included under the Child Survival and Health Programs Fund
heading in the Consolidated Appropriations Resolution, 2003
(Public Law 108-7).
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\28\ Sec. 303(c) of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117 Stat.
711) added para. (4).
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(d) Integration of Assistance Programs.--(1) Assistance
under this chapter shall be administered so as to give
particular attention to the interrelationship between (A)
population growth, and (B) development and overall improvement
in living standards in developing countries, and to the impact
of all programs, projects, and activities on population growth.
All appropriate activities proposed for financing under this
chapter shall be designed to build motivation for smaller
families through modification of economic and social conditions
supportive of the desire for large families, in programs such
as education in and out of school, nutrition, disease control,
maternal and child health services, improvements in the status
and employment of women, agricultural production, rural
development, and assistance to the urban poor, and through
community-based development programs which give recognition to
people motivated to limit the size of their families.\29\
Population planning programs shall be coordinated with other
programs aimed at reducing the infant mortality rate, providing
better nutrition for pregnant women and infants, and raising
the standard of living of the poor.
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\29\ Sec. 102(b) of the International Development Cooperation Act
of 1979 (Public Law 96-53; 93 Stat. 360) added the reference to
community-based development programs.
---------------------------------------------------------------------------
(2) Since the problems of malnutrition, disease, and rapid
population growth are closely related, planning for assistance
to be provided under subsections (b) and (c) of this section
and under section 103 shall be coordinated to the maximum
extent practicable.
(3) Assistance provided under this section shall emphasize
low-cost integrated delivery systems for health, nutrition, and
family planning for the poorest people, with particular
attention to the needs of mothers and young children, using
paramedical and auxiliary medical personnel, clinics and health
posts, commercial distribution systems, and other modes of
community outreach.
(e) Research and Analysis.--(1) Health and population
research and analysis carried out under this Act shall--
(A) be undertaken to the maximum extent practicable
in developing countries by developing country
personnel, linked as appropriate with private and
governmental biomedical research facilities within the
United States;
(B) take account of the special needs of the poor
people of developing countries in the determination of
research priorities; and
(C) make extensive use of field testing to adapt
basic research to local conditions.
(2) The President is authorized to study the complex
factors affecting population growth in developing countries and
to identify factors which might motivate people to plan family
size or to space their children.
(f) \30\ Prohibition on Use of Funds for Abortions and
Involuntary Sterilizations.--(1) None of the funds made
available to carry out this part may be used to pay for the
performance of abortions as a method of family planning or to
motivate \31\ or coerce any person to practice abortions.
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\30\ Popularly referred to as the Helms amendment. Sec. 708 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8; 123 Stat.
868), makes a similar prohibition.
Sec. 605(e)(4) of the Millennium Challenge Act of 2003 (title VI of
division D of Public Law 108-199; 118 Stat. 215), establishing the
limitations on authorization of assistance, provides the following:
``(4) Prohibition on use of funds for abortions and involuntary
sterilizations.--The prohibitions on use of funds contained in
paragraphs (1) through (3) of section 104(f) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151b(f)(1)-(3)) shall apply to funds made
available to carry out this section to the same extent and in the same
manner as such prohibitions apply to funds made available to carry out
part I of such Act. The prohibition on use of funds contained in any
provision of law comparable to the eleventh and fourteenth provisos
under the heading `Child Survival and Health Programs Fund' of division
E of Public Law 108-7 (117 Stat. 162) shall apply to funds made
available to carry out this section for fiscal year 2004.''.
\31\ Title III of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 842), under ``Global Health and Child Survival'',
provides the following:
``* * * That in awarding grants for natural family planning under
section 104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning; and,
additionally, all such applicants shall comply with the requirements of
the previous proviso: Provided further, That for purposes of this or
any other Act authorizing or appropriating funds for the Department of
State, foreign operations, and related programs, the term `motivate',
as it relates to family planning assistance, shall not be construed to
prohibit the provision, consistent with local law, of information or
counseling about all pregnancy options: Provided further, that
information provided about the use of condoms as part of projects or
activities that are funded from amounts appropriated by this Act shall
be medically accurate and shall include the public health benefits and
failure rates of such use.''.
See also the President's Memorandum of January 23, 2009, to the
Secretary of State and the Administrator of the U.S. Agency for
International Development, relating to the Mexico City Policy and
assistance for voluntary population planning (74 F.R. 4903). That
memorandum revoked Presidential Memoranda of January 22, 2001, March
28, 2001 (66 F.R. 17303), and August 29, 2003 (68 F.R. 52323), and,
furthermore, provided the following: ``In addition, I direct the
Secretary of State and the Administrator of USAID to take the following
actions with respect to conditions in voluntary population planning to
either the 2001 or 2003 memoranda and that are not required by the
Foreign Assistance Act or any other law: (1) immediately waive such
conditions in any current grants, and (2) notify current grantees, as
soon as possible, that these conditions have been waived. I further
direct that the Department of States and USAID immediately cease
imposing these conditions in any future grants.''.
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(2) None of the funds made available to carry out this part
may be used to pay for the performance of involuntary
sterilizations as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations.
(3) \32\ None of the funds made available to carry out this
part may be used to pay for any biomedical research which
relates, in whole or in part, to methods of, or the performance
of, abortions or involuntary sterilization as a means of family
planning.
---------------------------------------------------------------------------
\32\ Sec. 302(b) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1532) added para.
(3).
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(g) Authorizations of Appropriations.--(1) There are
authorized to be appropriated to the President, in addition to
funds otherwise available for such purposes--
(A) $290,000,000 for fiscal year 1986 and
$290,000,000 for fiscal year 1987 to carry out
subsection (b) of this section; and
(B) $205,000,000 for fiscal year 1986 and
$180,000,000 for fiscal year 1987 to carry out
subsection (c) of this section.
(2) Funds appropriated under this subsection are authorized
to remain available until expended.\33\
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\33\ Sec. 303 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) added
authorization figures for fiscal years 1986 and 1987 to carry out
subsecs. (b) and (c). Subsequently, sec. 404 of Public Law 99-529 (100
Stat. 3341) replaced the $205,000,000 authorization for subsec. (c)
with an authorization of $180,000,000. Authorizations under subsec. (b)
in recent years include: fiscal year 1978--$167,000,000; fiscal year
1979--$224,745,000; fiscal year 1980--$201,000,000; fiscal year 1981--
$238,000,000; fiscal year 1982--$211,000,000; fiscal year 1983--
$211,000,000; fiscal year 1984--$244,600,000; fiscal year 1985--no
authorization; fiscal years 1988 through 2009--no authorization.
Authorizations under subsec. (c) in recent years include: fiscal
year 1978--$107,700,000; fiscal year 1979--$148,494,000; fiscal year
1980--$141,000,000; fiscal year 1981--$145,300,000; fiscal year 1982--
$133,405,000; fiscal year 1983--$133,405,000 (of the 1982 and 1983
subsec. (c) authorizations, not less than 16 percent or $38,000,000
whichever amount is less was made available for United Nations Fund for
Population Activities); fiscal year 1984--$133,404,000; fiscal year
1985--no authorization; fiscal years 1988 through 2009--no
authorization.
Congress did not enact an authorization for fiscal year 2009.
Instead, the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H of Public Law 111-8),
waives the requirement for authorization, and title III of that Act
(123 Stat. 842), provides the following:
---------------------------------------------------------------------------
``global health and child survival
``(including transfer of funds)
---------------------------------------------------------------------------
``* * * That none of the funds made available in this Act nor any
unobligated balances from prior appropriations Acts may be made
available to any organization or program which, as determined by the
President of the United States, supports or participates in the
management of a program of coercive abortion or involuntary
sterilization: Provided further, That any determination made under the
previous proviso must be made no later than 6 months after the date of
enactment of this Act, and must be accompanied by the evidence and
criteria utilized to make the determination: Provided further, That
none of the funds made available under this Act may be used to pay for
the performance of abortion as a method of family planning or to
motivate or coerce any person to practice abortions: Provided further,
That nothing in this paragraph shall be construed to alter any existing
statutory prohibitions against abortion under section 104 of the
Foreign Assistance Act of 1961: Provided further, That none of the
funds made available under this Act may be used to lobby for or against
abortion: Provided further, That in order to reduce reliance on
abortion in developing nations, funds shall be available only to
voluntary family planning projects which offer, either directly or
through referral to, or information about access to, a broad range of
family planning methods and services, and that any such voluntary
family planning project shall meet the following requirements: (1)
service providers or referral agents in the project shall not implement
or be subject to quotas, or other numerical targets, of total number of
births, number of family planning acceptors, or acceptors of a
particular method of family planning (this provision shall not be
construed to include the use of quantitative estimates or indicators
for budgeting and planning purposes); (2) the project shall not include
payment of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning acceptor; or
(B) program personnel for achieving a numerical target or quota of
total number of births, number of family planning acceptors, or
acceptors of a particular method of family planning; (3) the project
shall not deny any right or benefit, including the right of access to
participate in any program of general welfare or the right of access to
health care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall provide family
planning acceptors comprehensible information on the health benefits
and risks of the method chosen, including those conditions that might
render the use of the method inadvisable and those adverse side effects
known to be consequent to the use of the method; and (5) the project
shall ensure that experimental contraceptive drugs and devices and
medical procedures are provided only in the context of a scientific
study in which participants are advised of potential risks and
benefits; and, not less than 60 days after the date on which the
Administrator of the United States Agency for International Development
determines that there has been a violation of the requirements
contained in paragraph (1), (2), (3), or (5) of this proviso, or a
pattern or practice of violations of the requirements contained in
paragraph (4) of this proviso, the Administrator shall submit to the
Committees on Appropriations a report containing a description of such
violation and the corrective action taken by the Agency: Provided
further, That in awarding grants for natural family planning under
section 104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning; and,
additionally, all such applicants shall comply with the requirements of
the previous proviso: Provided further, That for purposes of this or
any other Act authorizing or appropriating funds for the Department of
State, foreign operations, and related programs, the term ``motivate'',
as it relates to family planning assistance, shall not be construed to
prohibit the provision, consistent with local law, of information or
counseling about all pregnancy options: Provided further, That
information provided about the use of condoms as part of projects or
activities that are funded from amounts appropriated by this Act shall
be medically accurate and shall include the public health benefits and
failure rates of such use.''.
See also the President's Memorandum of January 23, 2009, to the
Secretary of State and the Administrator of the U.S. Agency for
International Development, relating to the Mexico City Policy and
assistance for voluntary population planning (74 F.R. 4903). That
memorandum revoked Presidential Memoranda of January 22, 2001, March
28, 2001 (66 F.R. 17303), and August 29, 2003 (68 F.R. 52323), and,
furthermore, provided the following: ``In addition, I direct the
Secretary of State and the Administrator of USAID to take the following
actions with respect to conditions in voluntary population planning to
either the 2001 or 2003 memoranda and that are not required by the
Foreign Assistance Act or any other law: (1) immediately waive such
conditions in any current grants, and (2) notify current grantees, as
soon as possible, that these conditions have been waived. I further
direct that the Department of States and USAID immediately cease
imposing these conditions in any future grants.''.
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SEC. 104A.\34\ ASSISTANCE TO COMBAT HIV/AIDS.
(a) Finding.--Congress recognizes that the alarming spread
of HIV/AIDS in countries in sub-Saharan Africa, the Caribbean,
Central Asia, Eastern Europe, Latin America \35\ and other
developing countries is a major global health, national
security, development, and humanitarian crisis.
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\34\ 22 U.S.C. 2151b-2. Sec. 301(a)(2) of the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
(Public Law 108-25; 117 Stat. 711) added sec. 104A.
Title III and sec. 7060 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2009 (Public Law
111-8; 123 Stat. 844, 898), provide the following:
---------------------------------------------------------------------------
``global health and child survival
``(including transfer of funds
* * * * * * *
---------------------------------------------------------------------------
``In addition, for necessary expenses to carry out the provisions
of the Foreign Assistance Act of 1961 for the prevention, treatment,
and control of, and research on, HIV/AIDS, $5,159,000,000, to remain
available until expended, and which shall be apportioned directly to
the Department of State: Provided, That of the funds appropriated under
this paragraph, not less than $600,000,000 shall be made available,
notwithstanding any other provision of law, except for the United
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of
2003 (Public Law 108-25), as amended, for a United States contribution
to the Global Fund to Fight AIDS, Tuberculosis and Malaria, and shall
be expended at the minimum rate necessary to make timely payment for
projects and activities: Provided further, That up to 5 percent of the
aggregate amount of funds made available to the Global Fund in fiscal
year 2009 may be made available to the United States Agency for
International Development for technical assistance related to the
activities of the Global Fund: Provided further, That of the funds
appropriated under this paragraph, up to $14,000,000 may be made
available, in addition to amounts otherwise available for such
purposes, for administrative expenses of the Office of the Global AIDS
Coordinator.
---------------------------------------------------------------------------
* * * * * * *
``global health activities
---------------------------------------------------------------------------
``Sec. 7060. (a) Funds appropriated by titles III and IV of this
Act that are made available for bilateral assistance for child survival
activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/AIDS may
be made available notwithstanding any other provision of law except for
the provisions under the heading `Global Health and Child Survival' and
the United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as
amended: Provided, That of the funds appropriated under title III of
this Act, not less than $545,000,000 should be made available for
family planning/reproductive health.
``(b) Notwithstanding any other provision of this Act, 10 percent
of the funds that are appropriated by this Act for a contribution to
support the Global Fund to Fight AIDS, Tuberculosis and Malaria (the
`Global Fund') shall be withheld from obligation to the Global Fund
until the Secretary of State reports to the Committees on
Appropriations that the Global Fund--
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``(1) is releasing incremental disbursements only if grantees demonstrate
progress against clearly defined performance indicators; and
``(2) is implementing a reporting system that breaks down grantee budget
allocations by programmatic activity.''.
---------------------------------------------------------------------------
See also in that Act: sec. 7015, relating to reprogramming
notification requirements; sec. 7019, relating to allocations; sec.
7020, relating to prohibition of payment of certain expenses; sec.
7059, relating to USAID management; and sec. 7079, relating to United
Nations Population Fund.
Title XI Supplemental Appropriations Act, 2009 (Public Law 111-32;
123 Stat. 1892), provided the following:
---------------------------------------------------------------------------
``global health and child survival
---------------------------------------------------------------------------
``For an additional amount for `Global Health and Child Survival',
$150,000,000, to remain available until September 30, 2010: Provided,
That $50,000,000 shall be made available for pandemic preparedness and
response: Provided further, That $100,000,000 shall be made available,
notwithstanding any other provision of law, except for the United
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of
2003 (Public Law 108-25), for a United States contribution to the
Global Fund to Fight AIDS, Tuberculosis and Malaria: Provided further,
That notwithstanding any other provision of law, to include minimum
funding requirements or funding directives, if the President determines
and reports to the Committees on Appropriations that the human-to-human
transmission of the H1N1 virus is efficient and sustained, severe, and
is spreading internationally, funds made available under the headings
`Global Health and Child Survival', `Development Assistance', `Economic
Support Fund', and `Millennium Challenge Corporation' in prior Acts
making appropriations for the Department of State, foreign operations,
and related programs may be made available to combat the H1N1 virus:
Provided further, That funds made available pursuant to the authority
of the previous proviso shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.''.
\35\ Sec. 301(a)(1) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2945)
inserted ``Central Asia, Eastern Europe, Latin America'' after
``Caribbean,''.
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(b) \36\ Policy.--
---------------------------------------------------------------------------
\36\ Sec. 301(a)(2) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2945)
amended and restated subsec. (b). It previously read as follows:
``(b) Policy.--It is a major objective of the foreign assistance
program of the United States to provide assistance for the prevention,
treatment, and control of HIV/AIDS. The United States and other
developed countries should provide assistance to countries in sub-
Saharan Africa, the Caribbean, and other countries and areas to control
this crisis through HIV/AIDS prevention, treatment, monitoring, and
related activities, particularly activities focused on women and youth,
including strategies to protect women and prevent mother-to-child
transmission of the HIV infection.''.
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(1) Objectives.--It is a major objective of the
foreign assistance program of the United States to
provide assistance for the prevention and treatment of
HIV/AIDS and the care of those affected by the disease.
It is the policy objective of the United States, by
2013, to--
(A) assist partner countries to--
(i) prevent 12,000,000 new HIV
infections worldwide;
(ii) support--
(I) the increase in the
number of individuals with HIV/
AIDS receiving antiretroviral
treatment above the goal
established under section
402(a)(3) and increased
pursuant to paragraphs (1)
through (3) of section 403(d);
and
(II) additional treatment
through coordinated
multilateral efforts;
(iii) support care for 12,000,000
individuals infected with or affected
by HIV/AIDS, including 5,000,000
orphans and vulnerable children
affected by HIV/AIDS, with an emphasis
on promoting a comprehensive,
coordinated system of services to be
integrated throughout the continuum of
care;
(iv) provide at least 80 percent of
the target population with access to
counseling, testing, and treatment to
prevent the transmission of HIV from
mother-to-child;
(v) provide care and treatment
services to children with HIV in
proportion to their percentage within
the HIV-infected population of a given
partner country; and
(vi) train and support retention of
health care professionals,
paraprofessionals, and community health
workers in HIV/AIDS prevention,
treatment, and care, with the target of
providing such training to at least
140,000 new health care professionals
and paraprofessionals with an emphasis
on training and in country deployment
of critically needed doctors and
nurses;
(B) strengthen the capacity to deliver
primary health care in developing countries,
especially in sub-Saharan Africa;
(C) support and help countries in their
efforts to achieve staffing levels of at least
2.3 doctors, nurses, and midwives per 1,000
population, as called for by the World Health
Organization; and
(D) help partner countries to develop
independent, sustainable HIV/AIDS programs.
(2) Coordinated global strategy.--The United States
and other countries with the sufficient capacity should
provide assistance to countries in sub-Saharan Africa,
the Caribbean, Central Asia, Eastern Europe, and Latin
America, and other countries and regions confronting
HIV/AIDS epidemics in a coordinated global strategy to
help address generalized and concentrated epidemics
through HIV/AIDS prevention, treatment, care,
monitoring and evaluation, and related activities.
(3) Priorities.--The United States Government's
response to the global HIV/AIDS pandemic and the
Government's efforts to help countries assume
leadership of sustainable campaigns to combat their
local epidemics should place high priority on--
(A) the prevention of the transmission of
HIV;
(B) moving toward universal access to HIV/
AIDS prevention counseling and services;
(C) the inclusion of cost sharing assurances
that meet the requirements under section 110;
and
(D) the inclusion of transition strategies to
ensure sustainability of such programs and
activities, including health care systems,
under other international donor support, or
budget support by respective foreign
governments.
(c) Authorization.--
(1) In general.--Consistent with section 104(c), the
President is authorized to furnish assistance, on such
terms and conditions as the President may determine,
for HIV/AIDS, including to prevent, treat, and monitor
HIV/AIDS, and carry out related activities, in
countries in sub-Saharan Africa, the Caribbean, Central
Asia, Eastern Europe, Latin America, and other
countries and areas, particularly with respect to
refugee populations or those in postconflict settings
in such countries and areas with significant or
increasing HIV incidence rates.\37\
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\37\ Sec. 301(b)(1) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2946) struck
out ``and other countries and areas.'' and inserted in lieu thereof
``Central Asia, Eastern Europe, Latin America, and other countries and
areas, particularly with respect to refugee populations or those in
postconflict settings in such countries and areas with significant or
increasing HIV incidence rates.''.
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(2) Role of ngos.--It is the sense of Congress that
the President should provide an appropriate level of
assistance under paragraph (1) through nongovernmental
organizations (including faith-based and community-
based organizations) in countries in sub-Saharan
Africa, the Caribbean, Central Asia, Eastern Europe,
Latin America, and other countries and areas affected
by the HIV/AIDS pandemic, particularly with respect to
refugee populations or those in post-conflict settings
in such countries and areas with significant or
increasing HIV incidence rates..\38\
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\38\ Sec. 301(b)(2) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2947) struck
out ``and other countries and areas affected by the HIV/AIDS pandemic''
and inserted in lieu thereof ``Central Asia, Eastern Europe, Latin
America, and other countries and areas affected by the HIV/AIDS
pandemic, particularly with respect to refugee populations or those in
post-conflict settings in such countries and areas with significant or
increasing HIV incidence rates.'' (resulting in a double period).
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(3) Coordination of assistance efforts.--The
President shall coordinate the provision of assistance
under paragraph (1) with the provision of related
assistance by the Joint United Nations Programme on
HIV/AIDS (UNAIDS), the United Nations Children's Fund
(UNICEF), the World Health Organization (WHO), the
United Nations Development Programme (UNDP), the Global
Fund to Fight AIDS, Tuberculosis and Malaria and other
appropriate international organizations (such as the
International Bank for Reconstruction and Development),
relevant regional multilateral development
institutions, national, state, and local governments of
partner countries, other international actors,,\39\
appropriate governmental and nongovernmental
organizations, and relevant executive branch agencies
within the framework of the principles of the Three
Ones.\40\
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\39\ Sec. 301(b)(3)(A) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2947) struck
out ``foreign countries'' and inserted in lieu thereof ``partner
countries, other international actors,'' (resulting in a double comma).
\40\ Sec. 301(b)(3)(B) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2947)
inserted ``within the framework of the principles of the Three Ones''.
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(d) Activities Supported.--Assistance provided under
subsection (c) shall, to the maximum extent practicable, be
used to carry out the following activities:
(1) Prevention.--Prevention of HIV/AIDS through
activities including--
(A) programs and efforts that are designed or
intended to impart knowledge with the exclusive
purpose of helping individuals avoid behaviors
that place them at risk of HIV infection,
including integration of such programs into
health programs and the inclusion in counseling
programs of information on methods of avoiding
infection of HIV, including delaying sexual
debut, abstinence, fidelity and monogamy,
reduction of casual sexual partnering and
multiple concurrent sexual partnering,,\41\
reducing sexual violence and coercion,
including child marriage, widow inheritance,
and polygamy, and where appropriate, use of
male and female condoms; \42\
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\41\ Sec. 301(c)(1)(A)(i) of the Tom Lantos and Henry J. Hyde
United States Global Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Reauthorization Act of 2008 (Public Law 110-293; 122 Stat.
2947) inserted ``and multiple concurrent sexual partnering,'' after
``casual sexual partnering'' (resulting in a double comma).
\42\ Sec. 301(c)(1)(A)(ii) of the Tom Lantos and Henry J. Hyde
United States Global Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Reauthorization Act of 2008 (Public Law 110-293; 122 Stat.
2947) struck out ``condoms'' and inserted in lieu thereof ``male and
female condoms''.
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(B) assistance to establish and implement
culturally appropriate HIV/AIDS education and
prevention programs that are designed with
local input and \43\ focus on helping
individuals avoid infection of HIV/AIDS,
implemented through nongovernmental
organizations, including faith-based and
community-based organizations, particularly
those locally based organizations \44\ that
utilize both professionals and volunteers with
appropriate skills, experience, and community
presence;
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\43\ Sec. 301(c)(1)(B)(i) of the Tom Lantos and Henry J. Hyde
United States Global Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Reauthorization Act of 2008 (Public Law 110-293; 122 Stat.
2947) struck out ``programs that'' and inserted in lieu therof
``programs that are designed with local input and''.
\44\ Sec. 301(c)(1)(B)(ii) of the Tom Lantos and Henry J. Hyde
United States Global Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Reauthorization Act of 2008 (Public Law 110-293; 122 Stat.
2947) struck out ``those organizations'' and inserted in lieu thereof
``those locally based organizations''.
---------------------------------------------------------------------------
(C) assistance for the purpose of encouraging
men to be responsible in their sexual behavior,
child rearing, and to respect women;
(D) assistance for the purpose of providing
voluntary testing and counseling (including the
incorporation of confidentiality protections
with respect to such testing and counseling)
and promoting the use of provider-initiated or
``opt-out'' voluntary testing in accordance
with World Health Organization guidelines; \45\
---------------------------------------------------------------------------
\45\ Sec. 301(c)(1)(C) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2947)
inserted ``and promoting the use of provider-initiated or `opt-out'
voluntary testing in accordance with World Health Organization
guidelines''.
---------------------------------------------------------------------------
(E) assistance for the purpose of preventing
mother-to-child transmission of the HIV
infection, including medications to prevent
such transmission and access to infant formula
and other alternatives for infant feeding;
(F) \46\ assistance to--
---------------------------------------------------------------------------
\46\ Sec. 301(c)(1)(D) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2947)
redesignated former subparas. (F), (G), and (H) as subparas. (H), (I),
and (J), respectively; and sec. (c)(1)(E) of that Act added new
subparas. (F) and (G).
---------------------------------------------------------------------------
(i) achieve the goal of reaching 80
percent of pregnant women for
prevention and treatment of mother-to-
child transmission of HIV in countries
in which the United States is
implementing HIV/AIDS programs by 2013;
and
(ii) promote infant feeding options
and treatment protocols that meet the
most recent criteria established by the
World Health Organization;
(G) \46\ medical male circumcision programs
as part of national strategies to combat the
transmission of HIV/AIDS;
(H) \46\ assistance to ensure a safe blood
supply and sterile medical equipment;
(I) \46\ assistance to help avoid substance
abuse and intravenous drug use that can lead to
HIV infection; \47\
---------------------------------------------------------------------------
\47\ Sec. 301(c)(1)(F) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2947) struck
out ``and'' at the end of subpara. (I), as redesignated.
---------------------------------------------------------------------------
(J) \46\ assistance for the purpose of
increasing women's access to employment
opportunities, income, productive resources,
and microfinance programs, where appropriate.
(K) \48\ assistance for counseling, testing,
treatment, care, and support programs,
including--
---------------------------------------------------------------------------
\48\ Sec. 301(c)(1)(G) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2947) added
subpara. (K).
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(i) counseling and other services for
the prevention of reinfection of
individuals with HIV/AIDS;
(ii) counseling to prevent sexual
transmission of HIV, including--
(I) life skills development
for practicing abstinence and
faithfulness;
(II) reducing the number of
sexual partners;
(III) delaying sexual debut;
and
(IV) ensuring correct and
consistent use of condoms;
(iii) assistance to engage underlying
vulnerabilities to HIV/AIDS, especially
those of women and girls;
(iv) assistance for appropriate HIV/
AIDS education programs and training
targeted to prevent the transmission of
HIV among men who have sex with men;
(v) assistance to provide male and
female condoms;
(vi) diagnosis and treatment of other
sexually transmitted infections;
(vii) strategies to address the
stigma and discrimination that impede
HIV/AIDS prevention efforts; and
(viii) assistance to facilitate
widespread access to microbicides for
HIV prevention, if safe and effective
products become available, including
financial and technical support for
culturally appropriate introductory
programs, procurement, distribution,
logistics management, program delivery,
acceptability studies, provider
training, demand generation, and
postintroduction monitoring.
(2) Treatment.--The treatment and care of individuals
with HIV/AIDS, including--
(A) assistance to establish and implement
programs to strengthen and broaden indigenous
health care delivery systems and the capacity
of such systems to deliver HIV/AIDS
pharmaceuticals and otherwise provide for the
treatment of individuals with HIV/AIDS,
including clinical training for indigenous
organizations and health care providers;
(B) assistance to strengthen and expand
hospice and palliative care programs to assist
patients debilitated by HIV/AIDS, their
families, and the primary caregivers of such
patients, including programs that utilize
faith-based and community-based organizations;
\49\
---------------------------------------------------------------------------
\49\ Sec. 301(c)(2)(A) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2948) struck
out ``and'' at the end of subpara. (B).
---------------------------------------------------------------------------
(C) assistance for the purpose of the care
and treatment of individuals with HIV/AIDS
through the provision of pharmaceuticals,
including antiretrovirals and other
pharmaceuticals and therapies for the treatment
of opportunistic infections, pain
management,\50\ nutritional support, and other
treatment modalities; \51\
---------------------------------------------------------------------------
\50\ Sec. 301(c)(2)(B)(i) of the Tom Lantos and Henry J. Hyde
United States Global Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Reauthorization Act of 2008 (Public Law 110-293; 122 Stat.
2948) inserted ``pain management,'' after ``opportunistic
infections,''.
\51\ Sec. 301(c)(2)(B)(ii) of the Tom Lantos and Henry J. Hyde
United States Global Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Reauthorization Act of 2008 (Public Law 110-293; 122 Stat.
2948) struck out a period and inserted in lieu thereof a semicolon at
the end of subpara. (C).
---------------------------------------------------------------------------
(D) \52\ as part of care and treatment of
HIV/AIDS, assistance (including prophylaxis and
treatment) for common HIV/AIDS-related
opportunistic infections for free or at a rate
at which it is easily affordable to the
individuals and populations being served;
---------------------------------------------------------------------------
\52\ Sec. 301(c)(2)(C) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2948) added
subparas. (D) and (E). As enrolled, new subpara. (E) closes with a
semicolon; probably should close with a period.
---------------------------------------------------------------------------
(E) \52\ as part of care and treatment of
HIV/AIDS, assistance or referral to available
and adequately resourced service providers for
nutritional support, including counseling and
where necessary the provision of commodities,
for persons meeting malnourishment criteria and
their families;
(3) Preventative intervention education and
technologies.--(A) With particular emphasis on specific
populations that represent a particularly high risk of
contracting or spreading HIV/AIDS, including those
exploited through the sex trade, victims of rape and
sexual assault, individuals already infected with HIV/
AIDS, and in cases of occupational exposure of health
care workers, assistance with efforts to reduce the
risk of HIV/AIDS infection including post-exposure
pharmaceutical prophylaxis, and necessary
pharmaceuticals and commodities, including test kits,
condoms, and, when proven effective, microbicides.
(B) Bulk purchases of available test kits, condoms,
and, when proven effective, microbicides that are
intended to reduce the risk of HIV/AIDS transmission
and for appropriate program support for the
introduction and distribution of these commodities, as
well as education and training on the use of the
technologies.
(4) Monitoring.--The monitoring of programs,
projects, and activities carried out pursuant to
paragraphs (1) through (3), including--
(A) monitoring to ensure that adequate
controls are established and implemented to
provide HIV/AIDS pharmaceuticals and other
appropriate medicines to poor individuals with
HIV/AIDS;
(B) appropriate evaluation and surveillance
activities;
(C) monitoring to ensure that appropriate
measures are being taken to maintain the
sustainability of HIV/AIDS pharmaceuticals
(especially antiretrovirals) and ensure that
drug resistance is not compromising the
benefits of such pharmaceuticals; \53\
---------------------------------------------------------------------------
\53\ Sec. 301(c)(3)(A) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2948) struck
out ``and'' at the end of subpara. (C).
---------------------------------------------------------------------------
(D) monitoring to ensure appropriate law
enforcement officials are working to ensure
that HIV/AIDS pharmaceuticals are not
diminished through illegal counterfeiting or
black market sales of such pharmaceuticals;
\54\
---------------------------------------------------------------------------
\54\ Sec. 301(c)(3)(B) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2948) struck
out a period at the end of subpara. (D) and inserted in lieu thereof a
semicolon.
---------------------------------------------------------------------------
(E) \55\ carrying out and expanding program
monitoring, impact evaluation research and
analysis, and operations research and
disseminating data and findings through
mechanisms to be developed by the Coordinator
of United States Government Activities to
Combat HIV/AIDS Globally, in coordination with
the Director of the Centers for Disease
Control, in order to--
---------------------------------------------------------------------------
\55\ Sec. 301(c)(3)(C) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2948) added
new subparas. (E) and (F).
---------------------------------------------------------------------------
(i) improve accountability, increase
transparency, and ensure the delivery
of evidence-based services through the
collection, evaluation, and analysis of
data regarding gender-responsive
interventions, disaggregated by age and
sex;
(ii) identify and replicate effective
models; and
(iii) develop gender indicators to
measure outcomes and the impacts of
interventions; and
(F) \55\ establishing appropriate systems
to--
(i) gather epidemiological and social
science data on HIV; and
(ii) evaluate the effectiveness of
prevention efforts among men who have
sex with men, with due consideration to
stigma and risks associated with
disclosure.
(5) Pharmaceuticals.--
(A) Procurement.--The procurement of HIV/AIDS
pharmaceuticals, antiviral therapies, and other
appropriate medicines, including medicines to
treat opportunistic infections.
(B) Mechanisms for quality control and
sustainable supply.--Mechanisms to ensure that
such HIV/AIDS pharmaceuticals, antiretroviral
therapies, and other appropriate medicines are
quality-controlled and sustainably supplied.
(C) \56\ Mechanism to ensure cost-effective
drug purchasing.--Subject to subparagraph (B),
mechanisms to ensure that safe and effective
pharmaceuticals, including antiretrovirals and
medicines to treat opportunistic infections,
are purchased at the lowest possible price at
which such pharmaceuticals may be obtained in
sufficient quantity on the world market,
provided that such pharmaceuticals are
approved, tentatively approved, or otherwise
authorized for use by--
---------------------------------------------------------------------------
\56\ Sec. 301(c)(4) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2949)
resdesignated subpara. (C) as (D), and added a new subpara. (C).
---------------------------------------------------------------------------
(i) the Food and Drug Administration;
(ii) a stringent regulatory agency
acceptable to the Secretary of Health
and Human Services; or
(iii) a quality assurance mechanism
acceptable to the Secretary of Health
and Human Services.
(D) \56\ Distribution.--The distribution of
such HIV/AIDS pharmaceuticals, antiviral
therapies, and other appropriate medicines
(including medicines to treat opportunistic
infections) to qualified national, regional, or
local organizations for the treatment of
individuals with HIV/AIDS in accordance with
appropriate HIV/AIDS testing and monitoring
requirements and treatment protocols and for
the prevention of mother-to-child transmission
of the HIV infection.
(6) \57\ Related and coordinated activities.--The
conduct of related activities, including--
---------------------------------------------------------------------------
\57\ Sec. 301(c)(5)(A) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2949)
restated the para. heading, which previously read ``Related
activities''.
---------------------------------------------------------------------------
(A) the care and support of children who are
orphaned by the HIV/AIDS pandemic, including
services designed to care for orphaned children
in a family environment which rely on extended
family members;
(B) improved infrastructure and institutional
capacity to develop and manage education,
prevention, and treatment programs, including
training and the resources to collect and
maintain accurate HIV surveillance data to
target programs and measure the effectiveness
of interventions; \58\
---------------------------------------------------------------------------
\58\ Sec. 301(c)(5)(B) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2949) struck
out ``and'' at the end of subpara. (B).
---------------------------------------------------------------------------
(C) vaccine research and development
partnership programs with specific plans of
action to develop a safe, effective,
accessible, preventive HIV vaccine for use
throughout the world; and \59\
---------------------------------------------------------------------------
\59\ Sec. 301(c)(5)(C) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2949) struck
out a period at the end of subpara. (C) and inserted in lieu thereof
``; and''.
---------------------------------------------------------------------------
(D) \60\ coordinated or referred activities
to--
---------------------------------------------------------------------------
\60\ Sec. 301(c)(5)(D) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2949) added
subparas. (D) through (G).
---------------------------------------------------------------------------
(i) enhance the clinical impact of
HIV/AIDS care and treatment; and
(ii) ameliorate the adverse social
and economic costs often affecting
AIDS-impacted families and communities
through the direct provision, as
necessary, or through the referral, if
possible, of support services,
including--
(I) nutritional and food
support;
(II) safe drinking water and
adequate sanitation;
(III) nutritional counseling;
(IV) income-generating
activities and livelihood
initiatives;
(V) maternal and child health
care;
(VI) primary health care;
(VII) the diagnosis and
treatment of other infectious
or sexually transmitted
diseases;
(VIII) substance abuse and
treatment services; and
(IX) legal services;
(E) \60\ coordinated or referred activities
to link programs addressing HIV/AIDS with
programs addressing gender-based violence in
areas of significant HIV prevalence to assist
countries in the development and enforcement of
women's health, children's health, and HIV/AIDS
laws and policies that--
(i) prevent and respond to violence
against women and girls;
(ii) promote the integration of
screening and assessment for gender-
based violence into HIV/AIDS
programming;
(iii) promote appropriate HIV/AIDS
counseling, testing, and treatment into
gender-based violence programs; and
(iv) assist governments to develop
partnerships with civil society
organizations to create networks for
psychosocial, legal, economic, or other
support services;
(F) \60\ coordinated or referred activities
to--
(i) address the frequent coinfection
of HIV and tuberculosis, in accordance
with World Health Organization
guidelines;
(ii) promote provider-initiated or
``opt-out'' HIV/AIDS counseling and
testing and appropriate referral for
treatment and care to individuals with
tuberculosis or its symptoms,
particularly in areas with significant
HIV prevalence; and
(iii) strengthen programs to ensure
that individuals testing positive for
HIV receive tuberculosis screening and
to improve laboratory capacities,
infection control, and adherence; and
(G) \60\ activities to--
(i) improve the effectiveness of
national responses to HIV/AIDS;
(ii) strengthen overall health
systems in high-prevalence countries,
including support for workforce
training, retention, and effective
deployment, capacity building,
laboratory development, equipment
maintenance and repair, and public
health and related public financial
management systems and operations; and
(iii) encourage fair and transparent
procurement practices among partner
countries; and
(iv) promote in-country or intra-
regional pediatric training for
physicians and other health
professionals, preferably through
public-private partnerships involving
colleges and universities, with the
goal of increasing pediatric HIV
workforce capacity.
(7) Comprehensive hiv/aids public-private
partnerships.--The establishment and operation of
public-private partnership entities within countries in
sub-Saharan Africa, the Caribbean, and other countries
affected by the HIV/AIDS pandemic that are dedicated to
supporting the national strategy of such countries
regarding the prevention, treatment, and monitoring of
HIV/AIDS. Each such public-private partnership should)
(A) support the development, implementation,
and management of comprehensive HIV/AIDS plans
in support of the national HIV/AIDS strategy;
(B) operate at all times in a manner that
emphasizes efficiency, accountability, and
results-driven programs;
(C) engage both local and foreign development
partners and donors, including businesses,
government agencies, academic institutions,
nongovernmental organizations, foundations,
multilateral development agencies, and faith-
based organizations, to assist the country in
coordinating and implementing HIV/AIDS
prevention, treatment, and monitoring programs
in accordance with its national HIV/AIDS
strategy;
(D) provide technical assistance, consultant
services, financial planning, monitoring and
evaluation, and research in support of the
national HIV/AIDS strategy; and
(E) establish local human resource capacities
for the national HIV/AIDS strategy through the
transfer of medical, managerial, leadership,
and technical skills.
(8) \61\ Compacts and framework agreements.--The
development of compacts or framework agreements,
tailored to local circumstances, with national
governments or regional partnerships in countries with
significant HIV/AIDS burdens to promote host government
commitment to deeper integration of HIV/AIDS services
into health systems, contribute to health systems
overall, and enhance sustainability, including--
---------------------------------------------------------------------------
\61\ Sec. 301(c)(6) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2950) added
para. (8).
---------------------------------------------------------------------------
(A) cost sharing assurances that meet the
requirements under section 110; and
(B) transition strategies to ensure
sustainability of such programs and activities,
including health care systems, under other
international donor support, or budget support
by respective foreign governments.
(e) \62\ Compacts and Framework Agreements.--
---------------------------------------------------------------------------
\62\ Sec. 301(d) of the Tom Lantos and Henry J. Hyde United States
Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2951)
redesignated subsecs. (e) through (g) as subsecs. (f) through (h),
respectively, and added a new subsec. (e).
---------------------------------------------------------------------------
(1) Findings.--Congress makes the following findings:
(A) The congressionally mandated Institute of
Medicine report entitled ``PEPFAR
Implementation: Progress and Promise'' states:
``The next strategy [of the U.S. Global AIDS
Initiative] should squarely address the needs
and challenges involved in supporting
sustainable country HIV/AIDS programs, thereby
transitioning from a focus on emergency
relief.''.
(B) One mechanism to promote the transition
from an emergency to a public health and
development approach to HIV/AIDS is through
compacts or framework agreements between the
United States Government and each participating
nation.
(2) Elements.--Compacts on HIV/AIDS authorized under
subsection (d)(8) shall include the following elements:
(A) Compacts whose primary purpose is to
provide direct services to combat HIV/AIDS are
to be made between--
(i) the United States Government; and
(ii)(I) national or regional entities
representing low-income countries
served by an existing United States
Agency for International Development or
Department of Health and Human Services
presence or regional platform; or
(II) countries or regions--
(aa) experiencing
significantly high HIV
prevalence or risk of
significantly increasing
incidence within the general
population;
(bb) served by an existing
United States Agency for
International Development or
Department of Health and Human
Services presence or regional
platform; and
(cc) that have inadequate
financial means within such
country or region.
(B) Compacts whose primary purpose is to
provide limited technical assistance to a
country or region connected to services
provided within the country or region--
(i) may be made with other countries
or regional entities served by an
existing United States Agency for
International Development or Department
of Health and Human Services presence
or regional platform;
(ii) shall require significant
investments in HIV prevention, care,
and treatment services by the host
country;
(iii) shall be time-limited in terms
of United States contributions; and
(iv) shall be made only upon prior
notification to Congress--
(I) justifying the need for
such compacts;
(II) describing the expected
investment by the country or
regional entity; and
(III) describing the scope,
nature, expected total United
States investment, and time
frame of the limited technical
assistance under the compact
and its intended impact.
(C) Compacts shall include provisions to--
(i) promote local and national
efforts to reduce stigma associated
with HIV/AIDS; and
(ii) work with and promote the role
of civil society in combating HIV/AIDS.
(D) Compacts shall take into account the
overall national health and development and
national HIV/AIDS and public health strategies
of each country.
(E) Compacts shall contain--
(i) consideration of the specific
objectives that the country and the
United States expect to achieve during
the term of a compact;
(ii) consideration of the respective
responsibilities of the country and the
United States in the achievement of
such objectives;
(iii) consideration of regular
benchmarks to measure progress toward
achieving such objectives;
(iv) an identification of the
intended beneficiaries, disaggregated
by gender and age, and including
information on orphans and vulnerable
children, to the maximum extent
practicable;
(v) consideration of the methods by
which the compact is intended to--
(I) address the factors that
put women and girls at greater
risk of HIV/AIDS; and
(II) strengthen elements such
as the economic, educational,
and social status of women,
girls, orphans, and vulnerable
children and the inheritance
rights and safety of such
individuals;
(vi) consideration of the methods by
which the compact will--
(I) strengthen the health
care capacity, including
factors such as the training,
retention, deployment,
recruitment, and utilization of
health care workers;
(II) improve supply chain
management; and
(III) improve the health
systems and infrastructure of
the partner country, including
the ability of compact
participants to maintain and
operate equipment transferred
or purchased as part of the
compact;
(vii) consideration of proposed
mechanisms to provide oversight;
(viii) consideration of the role of
civil society in the development of a
compact and the achievement of its
objectives;
(ix) a description of the current and
potential participation of other donors
in the achievement of such objectives,
as appropriate; and
(x) consideration of a plan to ensure
appropriate fiscal accountability for
the use of assistance.
(F) For regional compacts, priority shall be
given to countries that are included in
regional funds and programs in existence as of
the date of the enactment of the Tom Lantos and
Henry J. Hyde United States Global Leadership
Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008.
(G) Amounts made available for compacts
described in subparagraphs (A) and (B) shall be
subject to the inclusion of--
(i) cost sharing assurances that meet
the requirements under section 110; and
(ii) transition strategies to ensure
sustainability of such programs and
activities, including health care
systems, under other international
donor support, and budget support by
respective foreign governments.
(3) Local input.--In entering into a compact on HIV/
AIDS authorized under subsection (d)(8), the
Coordinator of United States Government Activities to
Combat HIV/AIDS Globally shall seek to ensure that the
government of a country--
(A) takes into account the local perspectives
of the rural and urban poor, including women,
in each country; and
(B) consults with private and voluntary
organizations, including faith-based
organizations, the business community, and
other donors in the country.
(4) Congressional and public notification after
entering into a compact.--Not later than 10 days after
entering into a compact authorized under subsection
(d)(8), the Global AIDS Coordinator shall--
(A) submit a report containing a detailed
summary of the compact and a copy of the text
of the compact to--
(i) the Committee on Foreign
Relations of the Senate;
(ii) the Committee on Appropriations
of the Senate;
(iii) the Committee on Foreign
Affairs of the House of
Representatives; and
(iv) the Committee on Appropriations
of the House of Representatives; and
(B) publish such information in the Federal
Register and on the Internet website of the
Office of the Global AIDS Coordinator.
(f) \62\ Annual Report.--
(1) In general.--Not later than January 31 of each
year, the President shall submit to the Committee on
Foreign Relations of the Senate and the Committee on
Foreign Affairs \63\ of the House of Representatives a
report on the implementation of this section for the
prior fiscal year.
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\63\ Sec. 301(e)(1) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2953) struck
out ``Committee on International Relations'' and inserted in lieu
thereof ``Committee on Foreign Affairs''.
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(2) Report elements.--Each report shall include--
(A) a description of efforts made by each
relevant executive branch agency to implement
the policies set forth in this section, section
104B, and section 104C;
(B) a description of the programs established
pursuant to such sections; \64\
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\64\ Sec. 301(e)(2)(A) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2953) struck
out ``and'' at the end of subpara. (B).
---------------------------------------------------------------------------
(C) \65\ a detailed breakdown of funding
allocations, by program and by country, for
prevention activities; and
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\65\ Sec. 301(e)(2)(B) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2954)
amended and restated subpara. (C) and added a new subpara. (D).
Subpara. (C) previously read as follows:
``(C) a detailed assessment of the impact of programs established
pursuant to such sections, including
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``(i)(I) the effectiveness of such programs in reducing the spread of the
HIV infection, particularly in women and girls, in reducing mother-to-child
transmission of the HIV infection, and in reducing mortality rates from
HIV/AIDS; and
``(II) the number of patients currently receiving treatment for AIDS in
each country that receives assistance under this Act.
``(ii) the progress made toward improving health care delivery systems
(including the training of adequate numbers of staff) and infrastructure to
ensure increased access to care and treatment;
``(iii) with respect to tuberculosis, the increase in the number of
people treated and the increase in number of tuberculosis patients cured
through each program, project, or activity receiving United States foreign
assistance for tuberculosis control purposes; and
``(iv) with respect to malaria, the increase in the number of people
treated and the increase in number of malaria patients cured through each
program, project, or activity receiving United States foreign assistance
for malaria control purposes.''.
(D) \65\ a detailed assessment of the impact
of programs established pursuant to such
sections, including--
(i)(I) the effectiveness of such
programs in reducing--
(aa) the transmission of HIV,
particularly in women and
girls;
(bb) mother-to-child
transmission of HIV, including
through drug treatment and
therapies, either directly or
by referral; and
(cc) mortality rates from
HIV/AIDS;
(II) the number of patients receiving
treatment for AIDS in each country that
receives assistance under this Act;
(III) an assessment of progress
towards the achievement of annual goals
set forth in the timetable required
under the 5-year strategy established
under section 101 of the United States
Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003
and, if annual goals are not being met,
the reasons for such failure; and
(IV) retention and attrition data for
programs receiving United States
assistance, including mortality and
loss to follow-up rates, organized
overall and by country;
(ii) the progress made toward--
(I) improving health care
delivery systems (including the
training of health care
workers, including doctors,
nurses, midwives, pharmacists,
laboratory technicians, and
compensated community health
workers, and the use of codes
of conduct for ethical
recruiting practices for health
care workers);
(II) advancing safe working
conditions for health care
workers; and
(III) improving
infrastructure to promote
progress toward universal
access to HIV/AIDS prevention,
treatment, and care by 2013;
(iii) a description of coordination
efforts with relevant executive branch
agencies to link HIV/AIDS clinical and
social services with non-HIV/AIDS
services as part of the United States
health and development agenda;
(iv) a detailed description of
integrated HIV/AIDS and food and
nutrition programs and services,
including--
(I) the amount spent on food
and nutrition support;
(II) the types of activities
supported; and
(III) an assessment of the
effectiveness of interventions
carried out to improve the
health status of persons with
HIV/AIDS receiving food or
nutritional support;
(v) a description of efforts to
improve harmonization, in terms of
relevant executive branch agencies,
coordination with other public and
private entities, and coordination with
partner countries' national strategic
plans as called for in the ``Three
Ones'';
(vi) a description of--
(I) the efforts of partner
countries that were signatories
to the Abuja Declaration on
HIV/AIDS, Tuberculosis and
Other Related Infectious
Diseases to adhere to the goals
of such Declaration in terms of
investments in public health,
including HIV/AIDS; and
(II) a description of the
HIV/AIDS investments of partner
countries that were not
signatories to such
Declaration;
(vii) a detailed description of any
compacts or framework agreements
reached or negotiated between the
United States and any partner
countries, including a description of
the elements of compacts described in
subsection (e);
(viii) a description of programs
serving women and girls, including--
(I) HIV/AIDS prevention
programs that address the
vulnerabilities of girls and
women to HIV/AIDS;
(II) information on the
number of individuals served by
programs aimed at reducing the
vulnerabilities of women and
girls to HIV/AIDS and data on
the types, objectives, and
duration of programs to address
these issues;
(III) information on programs
to address the particular needs
of adolescent girls and young
women; and
(IV) programs to prevent
gender-based violence or to
assist victims of gender based
violence as part of, or in
coordination with, HIV/AIDS
programs;
(ix) a description of strategies,
goals, programs, and interventions to--
(I) address the needs and
vulnerabilities of youth
populations;
(II) expand access among
young men and women to
evidence-based HIV/AIDS health
care services and HIV
prevention programs, including
abstinence education programs;
and
(III) expand community-based
services to meet the needs of
orphans and of children and
adolescents affected by or
vulnerable to HIV/AIDS without
increasing stigmatization;
(x) a description of--
(I) the specific strategies
funded to ensure the reduction
of HIV infection among
injection drug users;
(II) the number of injection
drug users, by country, reached
by such strategies; and
(III) medication-assisted
drug treatment for individuals
with HIV or at risk of HIV;
(xi) a detailed description of
program monitoring, operations
research, and impact evaluation
research, including--
(I) the amount of funding
provided for each research
type;
(II) an analysis of cost-
effectiveness models; and
(III) conclusions regarding
the efficiency, effectiveness,
and quality of services as
derived from previous or
ongoing research and monitoring
efforts;
(xii) building capacity to identify,
investigate, and stop nosocomial
transmission of infectious diseases,
including HIV and tuberculosis; and
(xiii) a description of staffing
levels of United States government HIV/
AIDS teams in countries with
significant HIV/AIDS programs,
including whether or not a full-time
coordinator was on staff for the year.
(g) \62\ Funding Limitation.--Of the funds made available
to carry out this section in any fiscal year, not more than 7
percent may be used for the administrative expenses of the
United States Agency for International Development in support
of activities described in section 104(c), this section,
section 104B, and section 104C. Such amount shall be in
addition to other amounts otherwise available for such
purposes.
(h) \62\ Definitions.--In this section:
(1) AIDS.--The term ``AIDS'' means acquired immune
deficiency syndrome.
(2) HIV.--The term ``HIV'' means the human
immunodeficiency virus, the pathogen that causes AIDS.
(3) HIV/AIDS.--The term ``HIV/AIDS'' means, with
respect to an individual, an individual who is infected
with HIV or living with AIDS.
(4) Relevant executive branch agencies.--The term
``relevant executive branch agencies'' means the
Department of State, the United States Agency for
International Development, the Department of Health and
Human Services (including its agencies and offices),
and any other department or agency of the United States
that participates in international HIV/AIDS activities
pursuant to the authorities of such department or
agency or this Act.
SEC. 104B.\66\ ASSISTANCE TO COMBAT TUBERCULOSIS.
(a) Findings.--Congress makes the following findings:
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\66\ 22 U.S.C. 2151b-3. Sec. 302(a) of the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law
108-25; 117 Stat. 711) added sec. 104B.
---------------------------------------------------------------------------
(1) Congress recognizes the growing international
problem of tuberculosis and the impact its continued
existence has on those countries that had previously
largely controlled the disease.
(2) Congress further recognizes that the means exist
to control and treat tuberculosis through expanded use
of the DOTS (Directly Observed Treatment Short-course)
treatment strategy, including DOTS-Plus to address
multi-drug resistant tuberculosis, and adequate
investment in newly created mechanisms to increase
access to treatment, including the Global Tuberculosis
Drug Facility established in 2001 pursuant to the
Amsterdam Declaration to Stop TB and the Global
Alliance for TB Drug Development.
(b) \67\ Policy.--It is a major objective of the foreign
assistance program of the United States to control
tuberculosis. In all countries in which the Government of the
United States has established development programs,
particularly in countries with the highest burden of
tuberculosis and other countries with high rates of
tuberculosis, the United States should support the objectives
of the Global Plan to Stop TB, including through achievement of
the following goals:
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\67\ Sec. 302(a) of the Tom Lantos and Henry J. Hyde United States
Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2957)
amended and restated subsec. (b). It previously read as follows:
``(b) Policy.--It is a major objective of the foreign assistance
program of the United States to control tuberculosis, including the
detection of at least 70 percent of the cases of infectious
tuberculosis, and the cure of at least 85 percent of the cases
detected, not later than December 31, 2005, in those countries
classified by the World Health Organization as among the highest
tuberculosis burden, and not later than December 31, 2010, in all
countries in which the United States Agency for International
Development has established development programs.''.
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(1) Reduce by half the tuberculosis death and disease
burden from the 1990 baseline.
(2) Sustain or exceed the detection of at least 70
percent of sputum smear-positive cases of tuberculosis
and the successful treatment of at least 85 percent of
the cases detected in countries with established United
States Agency for International Development
tuberculosis programs.
(3) In support of the Global Plan to Stop TB, the
President shall establish a comprehensive, 5-year
United States strategy to expand and improve United
States efforts to combat tuberculosis globally,
including a plan to support--
(A) the successful treatment of 4,500,000 new
sputum smear tuberculosis patients under DOTS
programs by 2013, primarily through direct
support for needed services, commodities,
health workers, and training, and additional
treatment through coordinated multilateral
efforts; and
(B) the diagnosis and treatment of 90,000 new
multiple drug resistant tuberculosis cases by
2013, and additional treatment through
coordinated multilateral efforts.
(c) Authorization.--To carry out this section and
consistent with section 104(c), the President is authorized to
furnish assistance, on such terms and conditions as the
President may determine, for the prevention, treatment,
control, and elimination of tuberculosis.
(d) Coordination.--In carrying out this section, the
President shall coordinate with the World Health Organization,
the Global Fund to Fight AIDS, Tuberculosis, and Malaria, and
other organizations with respect to the development and
implementation of a comprehensive tuberculosis control program.
(e) \68\ Priority To Stop TB Strategy.--In furnishing
assistance under subsection (c), the President shall give
priority to--
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\68\ Sec. 302(b) of the Tom Lantos and Henry J. Hyde United States
Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2958)
amended and restated subsec. (e). It previously read as follows:
``(e) Priority to DOTS Coverage.--In furnishing assistance under
subsection (c), the President shall give priority to activities that
increase Directly Observed Treatment Short-course (DOTS) coverage and
treatment of multi-drug resistant tuberculosis where needed using DOTS-
Plus, including funding for the Global Tuberculosis Drug Facility, the
Stop Tuberculosis Partnership, and the Global Alliance for TB Drug
Development. In order to meet the requirement of the preceding
sentence, the President should ensure that not less than 75 percent of
the amount made available to carry out this section for a fiscal year
should be expended for antituberculosis drugs, supplies, direct patient
services, and training in diagnosis and treatment for Directly Observed
Treatment Short-course (DOTS) coverage and treatment of multi-drug
resistant tuberculosis using DOTS-Plus, including substantially
increased funding for the Global Tuberculosis Drug Facility.''.
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(1) direct services described in the Stop TB
Strategy, including expansion and enhancement of
Directly Observed Treatment Short-course (DOTS)
coverage, rapid testing, treatment for individuals
infected with both tuberculosis and HIV, and treatment
for individuals with multi-drug resistant tuberculosis
(MDR-TB), strengthening of health systems, use of the
International Standards for Tuberculosis Care by all
providers, empowering individuals with tuberculosis,
and enabling and promoting research to develop new
diagnostics, drugs, and vaccines, and program-based
operational research relating to tuberculosis; and
(2) funding for the Global Tuberculosis Drug
Facility, the Stop Tuberculosis Partnership, and the
Global Alliance for TB Drug Development.
(f) \69\ Assistance for the World Health Organization and
the Stop Tuberculosis Partnership.--In carrying out this
section, the President, acting through the Administrator of the
United States Agency for International Development, is
authorized to provide increased resources to the World Health
Organization and the Stop Tuberculosis Partnership to improve
the capacity of countries with high rates of tuberculosis and
other affected countries to implement the Stop TB Strategy and
specific strategies related to addressing multiple drug
resistant tuberculosis (MDR-TB) and extensively drug resistant
tuberculosis (XDR-TB).
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\69\ Sec. 302(c) of the Tom Lantos and Henry J. Hyde United States
Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2958)
redesignated subsec. (f) as subsec. (h) and added a new subsec. (f).
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(g) \70\ Annual Report.--The President shall submit an
annual report to Congress that describes the impact of United
States foreign assistance on efforts to control tuberculosis,
including--
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\70\ Sec. 302(d) of the Tom Lantos and Henry J. Hyde United States
Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2958) added
subsec. (g).
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(1) the number of tuberculosis cases diagnosed and
the number of cases cured in countries receiving United
States bilateral foreign assistance for tuberculosis
control purposes;
(2) a description of activities supported with United
States tuberculosis resources in each country,
including a description of how those activities
specifically contribute to increasing the number of
people diagnosed and treated for tuberculosis;
(3) in each country receiving bilateral United States
foreign assistance for tuberculosis control purposes,
the percentage provided for direct tuberculosis
services in countries receiving United States bilateral
foreign assistance for tuberculosis control purposes;
(4) a description of research efforts and clinical
trials to develop new tools to combat tuberculosis,
including diagnostics, drugs, and vaccines supported by
United States bilateral assistance;
(5) the number of persons who have been diagnosed and
started treatment for multidrug-resistant tuberculosis
in countries receiving United States bilateral foreign
assistance for tuberculosis control programs;
(6) a description of the collaboration and
coordination of United States anti-tuberculosis efforts
with the World Health Organization, the Global Fund,
and other major public and private entities within the
Stop TB Strategy;
(7) the constraints on implementation of programs
posed by health workforce shortages and capacities;
(8) the number of people trained in tuberculosis
control; and
(9) a breakdown of expenditures for direct patient
tuberculosis services, drugs and other commodities,
drug management, training in diagnosis and treatment,
health systems strengthening, research, and support
costs.
(h) \69\ Definitions.--In this section:
(1) DOTS.--The term ``DOTS'' or ``Directly Observed
Treatment Short-course'' means the World Health
Organization-recommended strategy for treating
tuberculosis including--\71\
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\71\ Sec. 302(e)(1) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2959)
inserted ``including--'' and subparas. (A) through (H).
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(A) low-cost and effective diagnosis,
treatment, and monitoring of tuberculosis;
(B) a reliable drug supply;
(C) a management strategy for public health
systems;
(D) health system strengthening;
(E) promotion of the use of the International
Standards for Tuberculosis Care by all care
providers;
(F) bacteriology under an external quality
assessment framework;
(G) short-course chemotherapy; and
(H) sound reporting and recording systems.
(2) DOTS-plus.--The term ``DOTS-Plus'' means a
comprehensive tuberculosis management strategy that is
built upon and works as a supplement to the standard
DOTS strategy, and which takes into account specific
issues (such as use of second line anti-tuberculosis
drugs) that need to be addressed in areas where there
is high prevalence of multi-drug resistant
tuberculosis.
(3) Global alliance for tuberculosis drug
development.--The term ``Global Alliance for
Tuberculosis Drug Development'' means the public-
private partnership that brings together leaders in
health, science, philanthropy, and private industry to
devise new approaches to tuberculosis and to ensure
that new medications are available and affordable in
high tuberculosis burden countries and other affected
countries.
(4) Global tuberculosis drug facility.--The term
``Global Tuberculosis Drug Facility (GDF)'' means the
new initiative of the Stop Tuberculosis Partnership to
increase access to high-quality tuberculosis drugs to
facilitate DOTS expansion.
(5) \72\ Stop tb strategy.--The term ``Stop TB
Strategy'' means the 6-point strategy to reduce
tuberculosis developed by the World Health
Organization, which is described in the Global Plan to
Stop TB 2006-2015: Actions for Life, a comprehensive
plan developed by the Stop TB Partnership that sets out
the actions necessary to achieve the millennium
development goal of cutting tuberculosis deaths and
disease burden in half by 2015.
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\72\ Sec. 302(e) of the Tom Lantos and Henry J. Hyde United States
Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2959)
redesignated para. (5) as para. (6) and added a new para. (5).
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(6) \72\ Stop tuberculosis partnership.--The term
``Stop Tuberculosis Partnership'' means the partnership
of the World Health Organization, donors including the
United States, high tuberculosis burden countries,
multilateral agencies, and nongovernmental and
technical agencies committed to short- and long-term
measures required to control and eventually eliminate
tuberculosis as a public health problem in the world.
SEC. 104C.\73\ ASSISTANCE TO COMBAT MALARIA.
(a) Finding.--Congress finds that malaria kills more people
annually than any other communicable disease except
tuberculosis, that more than 90 percent of all malaria cases
are in sub-Saharan Africa, and that children and women are
particularly at risk. Congress recognizes that there are cost-
effective tools to decrease the spread of malaria and that
malaria is a curable disease if promptly diagnosed and
adequately treated.
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\73\ 22 U.S.C. 2151b-4. Sec. 303(a) of the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law
108-25; 117 Stat. 711) added sec. 104C.
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(b) Policy.--It is a major objective of the foreign
assistance program of the United States to provide assistance
for the prevention, control, treatment,\74\ and cure of
malaria.
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\74\ Sec. 303(a) of the Tom Lantos and Henry J. Hyde United States
Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2960)
inserted ``treatment,'' after ``control,''.
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(c) Authorization.--To carry out this section and
consistent with section 104(c), the President is authorized to
furnish assistance, on such terms and conditions as the
President may determine, for the prevention, treatment,
control, and elimination of malaria.
(d) Coordination.--In carrying out this section, the
President shall coordinate with the World Health Organization,
the Global Fund to Fight AIDS, Tuberculosis, and Malaria, the
Department of Health and Human Services (the Centers for
Disease Control and Prevention and the National Institutes of
Health), and other organizations with respect to the
development and implementation of a comprehensive malaria
control program.
Sec. 105.\75\ Education and Human Resources Development.--
(a) \76\ In order to reduce illiteracy, to extend basic
education, and to increase manpower training in skills related
to development, the President is authorized to furnish
assistance on such terms and conditions as he may determine,
for education, public administration, and human resource
development. There are authorized to be appropriated to the
President for the purposes of this section, in addition to
funds otherwise available for such purposes, $180,000,000 for
fiscal year 1986 and $180,000,000 for fiscal year 1987, which
are authorized to remain available until expended.\77\
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\75\ 22 U.S.C. 2151c. Sec. 2(3) of the FA Act of 1973 added sec.
105.
\76\ Sec. 305 of Public Law 94-161 (89 Stat. 849) added subsection
designation ``(a)'' and new subsecs. (b) and (c).
\77\ Sec. 306 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) added the
authorization figures for fiscal years 1986 and 1987. Authorizations
for recent years include fiscal year 1975--$92,000,000; fiscal year
1976--$89,200,000; fiscal year 1977--$101,800,000; fiscal year 1978--
$84,900,000; fiscal year 1979--$126,244,000; fiscal year 1980--
$105,000,000; fiscal year 1981--$101,000,000; fiscal year 1982--
$103,600,000; fiscal year 1983--$103,600,000; fiscal year 1984--
$121,477,000; fiscal year 1985--no authorization; fiscal years 1988
through 2009--no authorization.
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(b) \76\, \78\ Assistance provided under this
section shall be used primarily to expand and strengthen
nonformal education methods, especially those designed to
improve productive skills of rural families and the urban poor
and to provide them with useful information; to increase the
relevance of formal education systems to the needs of the poor,
especially at the primary level, through reform of curricula,
teaching materials, and teaching methods, and improved teacher
training; and to strengthen the management capabilities of
institutions which enable the poor to participate in
development. Assistance under this section shall also be
provided for advanced education and training of people of
developing countries in such disciplines as are required for
planning and implementation of public and private development
activities.\79\
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\78\ Sec. 562 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2026), added a new chapter 10 to part I of this Act, providing
for long-term development in sub-Saharan Africa, and made conforming
amendments by striking out para. designation ``(1)'' and by striking
out para. (2). Para. (2), previously added by sec. 201 of Public Law
99-440 (100 Stat. 1094), formerly read as follows:
``(2)(A)(i) Of the amounts authorized to be appropriated to carry
out this section for the fiscal years 1987, 1988, and 1989, not less
than $4,000,000 shall be used in each such fiscal year to finance
education, training, and scholarships for the victims of apartheid,
including teachers and other educational professionals, who are
attending universities and colleges in South Africa. Amounts available
to carry out this subparagraph shall be provided in accordance with the
provisions of section 802(c) of the International Security and
Development Cooperation Act of 1985.
``(ii) Funds made available for each such fiscal year for purposes
of chapter 4 of part II of this Act may be used to finance such
education, training, and scholarships in lieu of an equal amount made
available under this subparagraph.
``(B)(i) In addition to amounts used for purposes of subparagraph
(A), the agency primarily responsible for administering this part, in
collaboration with other appropriate departments or agencies of the
United States, shall use assistance provided under this section or
chapter 4 of part II of this Act to finance scholarships for students
pursuing secondary school education in South Africa. The selection of
scholarship recipients shall be by a nationwide panel or by regional
panels appointed by the United States chief of diplomatic mission to
South Africa.
``(ii) Of the amounts authorized to be appropriated to carry out
this section and chapter 4 of part II of this Act for the fiscal years
1987, 1988, and 1989, up to an aggregate of $1,000,000 may be used in
each such fiscal year for purposes of this subparagraph.
``(C)(i) In addition to the assistance authorized in subparagraph
(A), the agency primarily responsible for administering this part shall
provide assistance for in-service teacher training programs in South
Africa through such nongovernmental organizations as TOPS or teachers'
unions.
``(ii) Of the amounts authorized to be appropriated to carry out
this section and chapter 4 of part II of this Act, up to an aggregate
of $500,000 for the fiscal year 1987 and up to an aggregate of
$1,000,000 for the fiscal year 1988 may be used for purposes of this
subparagraph, subject to standard procedures for project review and
approval.''.
\79\ Sec. 103(b) of the International Development Cooperation Act
of 1979 (Public Law 96-53; 93 Stat. 360) added this sentence.
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(c) \80\ * * * [Repealed--1979]
---------------------------------------------------------------------------
\80\ Sec. 122 of the International Development Cooperation Act of
1979 (Public Law 96-53; 93 Stat. 366) repealed subsec. (c), which
authorized funds during fiscal year 1977 and fiscal year 1978 for the
southern African student program and the southern African training
program.
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Sec. 106.\81\ Energy, Private Voluntary Organizations, and
Selected Development Activities.--(a)(1)(A) \82\ The Congress
finds that energy development and production are vital elements
in the development process, that energy shortages in developing
countries severely limit the development process in such
countries, that two-thirds of the developing countries which
import oil depend on it for at least 90 percent of the energy
which their economies require, and that the dramatic increase
in world oil prices since 1973 has resulted in considerable
economic hardship for many developing countries. The Congress
is concerned that the value and purpose of much of the
assistance provided to developing countries under sections 103,
104, and 105 are undermined by the inability of many developing
countries to satisfy their energy requirements. Unless the
energy deficit of the developing countries can be narrowed by
more fully exploiting indigenous sources of energy such as oil,
natural gas, and coal, scarce foreign exchange will
increasingly have to be diverted to oil imports, primarily to
the detriment of long-term development and economic growth.
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\81\ 22 U.S.C. 2151d. Sec. 106, as added by Public Law 94-161 (89
Stat. 849), was amended by sec. 104 of the International Development
Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 360) by
redesignating subsecs. (a) and (b) as (c) and (d) and by adding new
subsecs. (a) and (b). Sec. 304(a) of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146)
struck out ``Technical Assistance, Energy, Research, Reconstruction,
and Selected Development Activities'', and inserted in lieu thereof the
current section heading. A prior version of sec. 106 (added in 1973 by
Public Law 93-189) had also been repealed by Public Law 94-161.
See also the Energy Policy Act of 1992 (Public Law 102-486; 106
Stat. 2776), particularly title XII, as it relates to the export of
renewable energy technologies, and title XIII, as it relates to the
export of clean coal technology. See Legislation on Foreign Relations
Through 2008, vol. IV.
\82\ Sec. 304(b) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) redesignated
paras. (1), (2), (3), and (4) of subsec. (a) as subparas. (A), (B),
(C), and (D), respectively; redesignated subparas. (A), (B), and (C) of
former para. (3) as clauses (i), (ii), and (iii), respectively; and
added a new para. (2).
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(B) \82\ The Congress recognizes that many developing
countries lack access to the financial resources and technology
necessary to locate, explore, and develop indigenous energy
resources.
(C) \82\ The Congress declares that there is potential for
at least a moderate increase by 1990 in the production of
energy for commercial use in the developing countries which are
not members of the Organization of Petroleum Exporting
Countries. In addition, there is a compelling need for vigorous
efforts to improve the available data on the location, scale,
and commercial exploitability of potential oil, natural gas,
and coal reserves in developing countries, especially those
which are not members of the Organization of Petroleum
Exporting Countries. The Congress further declares that there
are many benefits to be gained by the developing countries and
by the United States and other developed countries through
expanded efforts to expedite the location, exploration, and
development of potential sources of energy in developing
countries. These benefits include, but are not limited to, the
following:
(i) \82\ The world's energy supply would be increased
and the fear of abrupt depletion would be lessened with
new energy production. This could have a positive
impact upon energy prices in international markets as
well as a positive effect upon the balance of payments
problems of many developing countries.
(ii) \82\ Diversification of the world's supplies of
energy from fossil fuels would make all countries,
developing and developed, less susceptible to supply
interruptions and arbitrary production and pricing
policies.
(iii) \82\ Even a moderate increase in energy
production in the developing countries would improve
their ability to expand commercial trade, foreign
investment, and technology transfer possibilities with
the United States and other developed countries.
(D) \82\ Assistance for the production of energy from
indigenous resources, as authorized by subsection (b) of this
section, would be of direct benefit to the poor in developing
countries because of the overwhelming impact of imported energy
costs upon the lives of the poor and their ability to
participate in development.
(2) \82\ The Congress also finds that energy production
from renewable, decentralized sources and energy conservation
are vital elements in the development process. Inadequate
access by the poor to energy sources as well as the prospect of
depleted fossil fuel reserves and higher energy prices require
an enhanced effort to expand the energy resources of developing
countries through greater emphasis on renewable sources.
Renewable and decentralized energy technologies have particular
applicability for the poor, especially in rural areas.
(b) \81\ (1) \83\ In order to help developing countries
alleviate their energy problems by improving their ability to
use indigenous energy resources to produce the energy needed by
their economies, the President is authorized to furnish
assistance, on such terms and conditions as he may determine,
to enable such countries to prepare for and undertake
development of their energy resources. Such assistance may
include data collection and analysis, the training of skilled
personnel, research on and development of suitable energy
sources, and pilot projects to test new methods of energy
production.
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\83\ Sec. 304(c) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) redesignated
paras. (1) and (2) of subsec. (b) as subparas. (A) and (B),
respectively, and added a new para. (2). Subsequently, sec. 1211(a)(2)
of the International Security and Development Cooperation Act of 1985
(Public Law 99-83; 99 Stat. 279) struck out subpara. designation
``(A)'', and text of subpara. (B). Subpara. (B) previously read as
follows:
``(B) Of the funds made available to carry out this section, up to
$7,000,000 for the fiscal year 1981 shall be used for purposes of
paragraph (A) to facilitate geological and geophysical survey work to
locate potential oil, natural gas, and coal reserves and to encourage
exploration for potential oil, natural gas, and coal reserves in
developing countries which are not members of the Organization of
Petroleum Exporting Countries.''.
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(2) \83\ The President is authorized to furnish assistance
under this chapter for cooperative programs with developing
countries in energy production and conservation through
research on and development and use of small-scale,
decentralized, renewable energy sources for rural areas carried
out as integral parts of rural development efforts in
accordance with section 103 of this Act. Such programs shall
also be directed toward the earliest practicable development
and use of energy technologies which are environmentally
acceptable, require minimum capital investment, are most
acceptable to and affordable by the people using them, are
simple and inexpensive to use and maintain, and are
transferable from one region of the world to another. Such
programs may include research on and the development,
demonstration, and application of suitable energy technologies
(including use of wood); analysis of energy uses, needs, and
resources; training and institutional development; and
scientific interchange.
(c) \84\ The agency primarily responsible for administering
this part and the Department of Energy shall coordinate with
one another, to the maximum extent possible, the planning and
implementation of energy programs under this chapter.
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\84\ Sec. 304 of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) redesignated
subsec. (c) as subsec. (d), amended former subsec. (d) and redesignated
it as subsec. (e), and added a new subsec. (c).
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(d) \84\ The President is authorized to furnish assistance,
on such terms and conditions as he may determine, for the
following activities, to the extent that such activities are
not authorized by sections 103, 104, and 105 of this Act:
(1) programs of technical cooperation and
development, particularly the development efforts of
United States private and voluntary agencies and
regional and international development organizations;
(2) \85\ programs of research into, and evaluation
of, the process of economic development in less
developed countries and areas, into the factors
affecting the relative success and costs of development
activities, and into the means, techniques, and such
other aspects of development assistance as the
President may determine in order to render such
assistance of increasing value and benefit;
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\85\ Sec. 104(b)(1) of the International Development Cooperation
Act of 1979 (Public Law 96-53; 93 Stat. 360) struck out para. (2),
which concerned various programs designed to alleviate energy problems
experienced by developing countries, and redesignated paras. (3)
through (6) as paras. (2) through (5), respectively.
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(3) \85\ programs of reconstruction following natural
or manmade disasters and programs of disaster
preparedness, including the prediction of and
contingency planning for natural disasters abroad; \86\
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\86\ Sec. 304(a) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1533) inserted
``and programs of disaster preparedness, including the prediction of
and contingency planning for natural disasters abroad''.
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(4) \85\ programs designed to help solve special
development problems in the poorest countries and to
make possible proper utilization of infrastructure and
related projects funded with earlier United States
assistance; and
(5) \85\ programs of urban development, with
particular emphasis on small, labor intensive
enterprises, marketing systems for small producers, and
financial and other institutions which enable the urban
poor to participate in the economic and social
development of their country.
(e) \84\ (1) There are authorized to be appropriated to the
President for purposes of this section, in addition to funds
otherwise available for such purposes, $207,000,000 for fiscal
year 1986 and $207,000,000 for fiscal year 1987.\87\
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\87\ Sec. 309(b) of the International Security and Development Act
of 1985 (Public Law 99-83; 99 Stat. 190) added the authorization
figures for fiscal years 1986 and 1987. Authorizations for recent years
included the following: fiscal year 1976--$99,550,000; fiscal year
1977--$104,500,000; fiscal year 1978--$105,000,000; fiscal year 1979--
$126,244,000; fiscal year 1980--$125,000,000; fiscal year 1981--
$140,000,000; fiscal year 1982--$147,200,000; fiscal year 1983--
$147,200,000; fiscal year 1984--$160,000,000; fiscal year 1985--no
authorization; fiscal years 1988 through 2009--no authorization.
Sec. 402 of the Microenterprise for Self-Reliance and International
Anti-Corruption Act of 2000 (Public Law 106-309; 114 Stat. 1097),
however, provided the following:
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``sec. 402. funding of certain environmental assistance activities of
usaid.
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``(a) Allocation of Funds for Certain Environmental Activities.--Of
the amounts authorized to be appropriated for the fiscal year 2001 to
carry out chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.; relating to development assistance), there is
authorized to be available at least $60,200,000 to carry out activities
of the type carried out by the Global Environment Center of the United
States Agency for International Development during fiscal year 2000.
``(b) Allocation for Water and Coastal Resources.--Of the amounts
made available under subsection (a), at least $2,500,000 shall be
available for water and coastal resources activities under the natural
resources management function specified in that subsection.''.
Sec. 105 of Public Law 96-53 struck out language in subsec. (e)
that provided $30,000,000 during the period July 1, 1975, to September
3, 1977, for reimbursement to private voluntary agencies of the United
States for costs incurred with respect to the shipment of food and
nonfood commodities provided through private donations.
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(2) Amounts appropriated under this section are authorized
to remain available until expended.
(f) \88\ Of the amounts authorized to be appropriated to
carry out this chapter $5,000,000 for fiscal year 1986 and
$5,000,000 for fiscal year 1987 shall be used to finance
cooperative projects among the United States, Israel, and
developing countries.
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\88\ Sec. 307(b) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) added subsec.
(f).
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Sec. 107.\89\ Appropriate Technology.--(a) In carrying out
activities under this chapter, the President shall place
special emphasis on the use of relatively smaller, cost-saving,
labor-using technologies that are generally most appropriate
for the small farms, small businesses, and small incomes of the
poor.
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\89\ 22 U.S.C. 2151e. Sec. 107, as added by sec. 306 of Public Law
94-161, was amended and restated by sec. 107 of the International
Development and Food Assistance Act of 1978 (Public Law 95-424; 92
Stat. 947).
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(b) Funds made available to carry out this chapter should
be used to the extent practicable for activities in the field
of appropriate technology, including support of an expanded and
coordinated private effort to promote the development and
dissemination of appropriate technology in developing
countries.
[SEC. 108.\90\ MICROENTERPRISE DEVELOPMENT CREDITS. * * * [TRANSFERRED
AND REDESIGNATED AS SEC. 256--2004]]
Sec. 109.\91\ Transfer of Funds.--Whenever \92\ the
President determines it to be necessary for the purposes of
this chapter, not to exceed 15 per centum of the funds made
available for any provision of this chapter may be transferred
to, and consolidated with, the funds made available for any
other provision of this chapter, and may be used for any of the
purposes for which such funds may be used, except that the
total in the provision for the benefit of which the transfer is
made shall not be increased by more than 25 per centum of the
amount of funds made available for such provision. The
authority of sections 610(a) and 614(a) of this Act may not be
used to transfer funds made available under this chapter for
use for purposes of any other provision of this Act except that
the authority of such sections may be used to transfer for the
purposes of section 667 not to exceed five per centum of the
amount of funds made available for section 667(a)(1).\93\
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\90\ Sec. 4 of the Microenterprise Results and Accountability Act
of 2004 (Public Law 108-484; 118 Stat. 3922) moved sec. 108 from
chapter 1 of part I to title VI of chapter 2 of part I, and
redesignated it as sec. 256.
An earlier sec. 108 was added by the FA Act of 1973 (Public Law 93-
189) and repealed by sec. 102(g)(2)(K)(i) of the International
Development and Food Assistance Act of 1978 (92 Stat. 943).
\91\ 22 U.S.C. 2151g. Sec. 2(3) of the FA Act of 1973 added sec.
109.
Sec. 7009 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 862), provides the following:
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``transfer authority
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``Sec. 7009. (a) Department of State and Broadcasting Board of
Governors.--* * *
``(b) Export Financing Transfer Authorities.--Not to exceed 5
percent of any appropriation other than for administrative expenses
made available for fiscal year 2009, for programs under title VI of
this Act may be transferred between such appropriations for use for any
of the purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of such
authority shall be subject to the regular notification procedures of
the Committees on Appropriations.
``(c)(1) Limitation on Transfers Between Agencies.--None of the
funds made available under titles II through V of this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
``(2) Notwithstanding paragraph (1), in addition to transfers made
by, or authorized elsewhere in, this Act, funds appropriated by this
Act to carry out the purposes of the Foreign Assistance Act of 1961 may
be allocated or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
``(d) Transfers Between Accounts.--None of the funds made available
under titles II through V of this Act may be obligated under an
appropriation account to which they were not appropriated, except for
transfers specifically provided for in this Act, unless the President
provides notification in accordance with the regular notification
procedures of the Committees on Appropriations.
``(e) Audit of Inter-Agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or prior
Acts, entered into between the United States Agency for International
Development and another agency of the United States Government under
the authority of section 632(a) of the Foreign Assistance Act of 1961
or any comparable provision of law, shall expressly provide that the
Office of the Inspector General for the agency receiving the transfer
or allocation of such funds shall perform periodic program and
financial audits of the use of such funds: Provided, That funds
transferred under such authority may be made available for the cost of
such audits.''.
See also in that Act, title II, para. relating to operating
expenses of the USAID (123 Stat. 841).
\92\ Sec. 102(g)(2)(K)(ii) of the International Development and
Food Assistance Act of 1978 (92 Stat. 943) struck out ``Notwithstanding
sec. 108 of this Act, whenever'' and inserted in lieu thereof
``Whenever''.
\93\ Sec. 129(b) of the International Development and Food
Assistance Act of 1977 (91 Stat. 543) added the words to this point
beginning with ``except that the authority of such sections * * *''.
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Sec. 110.\94\ Cost-Sharing and Funding Limits.--No
assistance shall be furnished by the United States Government
to a country under sections 103 through 106 of this Act until
the country provides assurances to the President, and the
President is satisfied, that such country provide at least 25
per centum of the costs of the entire program, project, or
activity with respect to which such assistance is to be
furnished, except that such costs borne by such country may be
provided on an ``in-kind'' basis.\95\
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\94\ 22 U.S.C. 2151h. Sec. 2(3) of the FA Act of 1973 added sec.
110. Sec. 1211(a)(3) of the International Security and Development
Cooperation Act of 1985 struck out subsec. (b) and struck out an
``(a)'' designation from the remaining text. Subsec. (b) previously
read as follows:
``No grant assistance shall be disbursed by the United States
Government under sections 103 through 106 of this Act for a project,
for a period exceeding thirty-six consecutive months, without further
justification satisfactory to the Congress and efforts being made to
obtain sources of financing within that country and from other foreign
countries and multilateral organizations.''.
The initial phrase of subsec. (b), which had been added by Public
Law 95-88 (91 Stat. 535), was struck out by sec. 112(b)(2) of the
International Development and Food Assistance Act of 1978 (92 Stat.
949). It previously read as follows:
``Except for grants to countries determined to be relatively least
developed based on the United Nations Conference on Trade and
Development list of `relatively least developed countries',''.
See also in this Act, sec. 124(d) and (e).
\95\ The following phrase, as added by the International
Development and Food Assistance Act of 1975 (Public Law 94-161; 89
Stat. 849) and previously appearing at this point, was struck by sec.
112(b)(1) of the International Development and Food Assistance Act of
1978 (Public Law 95-424; 92 Stat. 949): ``and except that the President
may waive this cost-sharing requirement in the case of a project or
activity in a country which the agency primarily responsible for
administering part I of this Act determines is relatively least
developed based on the United Nations Conference on Trade and
Development list of `relatively least developed countries'.''.
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Sec. 111.\96\ Development and Use of Cooperatives.--In
order to strengthen the participation of the rural and urban
poor in their country's development, high priority shall be
given to increasing the use of funds made available under this
Act for technical and capital assistance in the development and
use \97\ of cooperatives in the less developed countries which
will enable and encourage greater numbers of the poor to help
themselves toward a better life.\98\ In meeting the requirement
of the preceding sentence, specific priority shall be given to
the following: \99\
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\96\ 22 U.S.C. 2151i. Sec. 111, as added by sec. 2(3) of the FA Act
of 1973 (Public Law 93-189), was amended and restated by sec. 308 of
Public Law 94-161 (89 Stat. 849). It formerly read as follows: ``In
order to strengthen the participation of the urban and rural poor in
their country's development, not less than $20,000,000 of the funds
made available for the purposes of this chapter shall be available
during the fiscal years 1974 and 1975 only for assistance in the less
developed countries which will enable and encourage greater numbers of
the poor to help themselves toward a better life.''.
\97\ Sec. 107(a) of the International Development and Food
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 535) struck out
``assistance in the development'' and inserted in lieu thereof
``technical and capital assistance in the development and use''.
\98\ A sentence that earmarked funds specifically for technical
assistance to carry out the purposes of this section and had previously
appeared at this point was repealed by sec. 122 of the International
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366).
\99\ Sec. 401(c)(2) of the Support for Overseas Cooperative
Development Act (Public Law 106-309; 114 Stat. 1097) added this
sentence and paras. (1) through (4). Sec. 401(d) of that Act provided
the following:
``(d) Report.--Not later than 6 months after the date of the
enactment of this Act, the Administrator of the United States Agency
for International Development, in consultation with the heads of other
appropriate agencies, shall prepare and submit to Congress a report on
the implementation of section 111 of the Foreign Assistance Act of 1961
(22 U.S.C. 2151i), as amended by subsection (c).''.
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(1) Agriculture.--Technical assistance to low income
farmers who form and develop member-owned cooperatives
for farm supplies, marketing and value-added
processing.
(2) Financial systems.--The promotion of national
credit union systems through credit union-to-credit
union technical assistance that strengthens the ability
of low income people and micro-entrepreneurs to save
and to have access to credit for their own economic
advancement.
(3) Infrastructure.--The support of rural electric
and telecommunication cooperatives for access for rural
people and villages that lack reliable electric and
telecommunications services.
(4) Housing and community services.--The promotion of
community-based cooperatives which provide employment
opportunities and important services such as health
clinics, self-help shelter, environmental improvements,
group-owned businesses, and other activities.
Sec. 112.\100\ Prohibiting Police Training. * * *
[Repealed--1974]
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\100\ Sec. 112, as added by sec. 2(3) of the FA Act of 1973, was
repealed by sec. 30(b) of the FA Act of 1974. (See, however, sec. 660
of this Act, ``Prohibiting Police Training''.)
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Sec. 113.\101\ Integrating Women Into National Economies.--
(a) In recognition of the fact that women in developing
countries play a significant role in economic production,
family support, and the overall development process of the
national economies of such countries, this part shall be
administered so as to give particular attention to those
programs, projects, and activities which tend to integrate
women into the national economies of developing countries, thus
improving their status and assisting the total development
effort.
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\101\ 22 U.S.C. 2151k. Sec. 113, as added by sec. 2(3) of the FA
Act of 1973, was amended and restated by sec. 108 of the International
Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat.
536). Sec. 113 formerly read as follows:
``Sec. 113. Integrating Women Into National Economies.--Part I of
this Act shall be administered so as to give particular attention to
those programs, projects, and activities which tend to integrate women
into the national economies of foreign countries, thus improving their
status and assisting the total development effort.''.
Subsecs. (b) and (c), as added by Public Law 95-88 and which
required a report from the President concerning the impact of
development programs, projects, and activities on the integration of
women into the developing economies of countries receiving assistance
under this part, were repealed by sec. 122 of the International
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366)
(such report was submitted to the Congress on August 3, 1978). This
subsec. (b), originally added as subsec. (d) by Public Law 95-424 (92
Stat. 947), was redesignated as subsec. (b) by Public Law 96-53.
Sec. 305 of the International Security and Development Cooperation
Act of 1981 (Public Law 97-113; 95 Stat. 1533) added the current text
of subsec. (c).
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(b) \101\ (1) Up to $10,000,000 of the funds made available
each fiscal year under this chapter and chapter 10 of this part
\102\ shall be used, in addition to funds otherwise available
for such purposes, for assistance on such terms and conditions
as the President may determine to encourage and promote the
participation and integration of women as equal partners in the
development process in the developing countries. These funds
shall be used primarily to support activities which will
increase the economic productivity and income earning capacity
of women.
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\102\ Sec. 562 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2026), added a new chapter 10 to part I of this Act, providing
for long-term development in sub-Saharan Africa, and made a conforming
amendment by inserting ``and chapter 10 of this part'' here.
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(2) Nothing in this section shall be construed to authorize
the establishment of a separate development assistance program
for women.
(c) \101\ Not less than $500,000 of the funds made
available under this chapter for fiscal year 1982 shall be
expended on international programs which support the original
goals of the United Nations Decade for Women.
Sec. 114.\103\ Limiting Use of Funds for Abortions or
Involuntary Sterilization. * * * [Repealed--1978]
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\103\ Sec. 114, as added by the FA Act of 1973, was repealed by
sec. 104(b) of the International Development and Food Assistance Act of
1978 (Public Law 95-424; 92 Stat. 947). See also sec. 104(f) of this
Act.
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Sec. 115.\104\ Prohibiting Use of Funds for Certain
Countries. * * * [Repealed--1978]
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\104\ Sec. 115, as added by the FA Act of 1974, was repealed by
sec. 102(f) of the International Development and Food Assistance Act of
1978 (Public Law 95-424; 92 Stat. 942).
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Sec. 116.\105\ Human Rights.--(a) No assistance may be
provided under this part to the government of any country which
engages in a consistent pattern of gross violations of
internationally recognized human rights, including torture or
cruel, inhuman, or degrading treatment or punishment, prolonged
detention without charges, causing the disappearance of persons
by the abduction and clandestine detention of those
persons,\106\ or other flagrant denial of the right to life,
liberty, and the security of person, unless such assistance
will directly benefit the needy people in such country.
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\105\ 22 U.S.C. 2151n. Sec. 310 of Public Law 94-161 (89 Stat. 849)
added 116. See also in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8), sec. 7028, relating to eligibility for assistance (123 Stat.
873).
\106\ Sec. 701(a) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3156) inserted
``causing the disappearance of persons by the abduction and clandestine
detention of those persons,''.
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(b) In determining whether this standard is being met with
regard to funds allocated under this part, the Committee on
Foreign Relations of the Senate or the Committee on Foreign
Affairs \107\ of the House of Representatives may require the
Administrator primarily responsible for administering part I of
this Act to submit in writing information demonstrating that
such assistance will directly benefit the needy people in such
country, together with a detailed explanation of the assistance
to be provided (including the dollar amounts of such
assistance) and an explanation of how such assistance will
directly benefit the needy people in such country. If either
committee or either House of Congress disagrees with the
Administrator's justification it may initiate action to
terminate assistance to any country by a concurrent resolution
under section 617 of this Act.
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\107\ Sec. 9(a)(6) of Public Law 103-437 (108 Stat. 4588) struck
out ``International Relations'' and inserted in lieu thereof ``Foreign
Affairs''. Subsequently, sec. 1(a)(5) of Public Law 104-14 (109 Stat.
186) provided that references to the Committee on Foreign Affairs of
the House of Representatives shall be treated as referring to the
Committee on International Relations of the House of Representatives.
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(b) \108\ No assistance may be provided to any government
failing to take appropriate and adequate measures, within their
means, to protect children from exploitation, abuse or forced
conscription into military or paramilitary services.
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\108\ Sec. 599D of the of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2066), added this second subsec. (b).
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(c) \109\ In determining whether or not a government falls
within the provisions of subsection (a) and in formulating
development assistance programs under this part, the
Administrator shall consider, in consultation with the
Assistant Secretary of State for Democracy, Human Rights, and
Labor \110\ and in consultation with the Ambassador at Large
for International Religious Freedom--\111\
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\109\ Sec. 111 of the International Development and Food Assistance
Act of 1977 (Public Law 95-88; 91 Stat. 537) amended and restated
subsecs. (c) and (d), and added a new subsec. (e). Subsecs. (c) and (d)
formerly read as follows:
``(c) In determining whether or not a government falls within the
provisions of subsection (a), consideration shall be given to the
extent of cooperation of such government in permitting an unimpeded
investigation of alleged violations of internationally recognized human
rights by appropriate international organizations, including the
International Committee of the Red Cross, or groups or persons acting
under the authority of the United Nations or of the Organization of
American States.
``(d) The President shall transmit to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate,
in the annual presentation materials on proposed economic development
assistance programs, a full and complete report regarding the steps he
has taken to carry out the provisions of this section.''.
\110\ Sec. 162(e)(1) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), struck
out ``Assistant Secretary for Human Rights and Humanitarian Affairs''
and inserted in lieu thereof ``Assistant Secretary of State for
Democracy, Human Rights, and Labor''. Previously, sec. 109(a)(2) of the
Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law 95-
105; 91 Stat. 846) struck out ``Coordinator'' and inserted in lieu
thereof ``Assistant Secretary''.
\111\ Sec. 421(a)(1) of the International Religious Freedom Act of
1998 (Public Law 105-292; 112 Stat. 2809) added ``and in consultation
with the Ambassador at Large for International Religious Freedom''
after ``Labor''.
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(1) the extent of cooperation of such government in
permitting an unimpeded investigation of alleged
violations of internationally recognized human rights
by appropriate international organizations, including
the International Committee of the Red Cross, or groups
or persons acting under the authority of the United
Nations or of the Organization of American States;
\112\
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\112\ Sec. 421(a) of the International Religious Freedom Act of
1998 (Public Law 105-292; 112 Stat. 2809) struck out ``and'' at the end
of para. (1); replaced a period at the end of para. (2) with `; and'';
and added para. (3).
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(2) specific actions which have been taken by the
President or the Congress relating to multilateral or
security assistance to a less developed country because
of the human rights practices or policies of such
country; and \112\
(3) \112\ whether the government--
(A) has engaged in or tolerated particularly
severe violations of religious freedom, as
defined in section 3 of the International
Religious Freedom Act of 1998; or
(B) has failed to undertake serious and
sustained efforts to combat particularly severe
violations of religious freedom (as defined in
section 3 of the International Religious
Freedom Act of 1998), when such efforts could
have been reasonably undertaken.
(d) \111\ The Secretary of State shall transmit to the
Speaker of the House of Representatives and the Committee on
Foreign Relations of the Senate, by February 25 \113\ of each
year, a full and complete report regarding--
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\113\ Sec. 2216(1) of the Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
105-277; 112 Stat. 2681), struck out ``January 31'' and inserted in
lieu thereof ``February 25''.
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(1) \114\ the status of internationally recognized
human rights, within the meaning of subsection (a)--
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\114\ Sec. 504 of the International Development Cooperation Act of
1979 (Public Law 96-53; 93 Stat. 378) amended and restated para. (1) to
add the requirement contained in subpara. (B). Sec. 504 also required a
report from the Secretary of State by November 15, 1979, on the impact
on the foreign relations of the United States of the reports required
by this Act on the human rights practices of foreign governments.
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(A) in countries that receive assistance
under this part, and
(B) in all other foreign countries which are
members of the United Nations and which are not
otherwise the subject of a human rights report
under this Act;
(2) \115\ wherever applicable, practices regarding
coercion in population control, including coerced
abortion and involuntary sterilization;
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\115\ Sec. 127 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1342) added a new
para. (2), and redesignated former para. (2) as para. (3).
Subsequently, sec. 201(a) of Public Law 104-319 (110 Stat. 3864) struck
out ``and'' at the end of para. (2), redesignated para. (3) as para.
(5), and added new paras. (3) and (4). See also footnote 77.
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(3) \116\ the status of child labor practices in each
country, including--
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\116\ Sec. 2216(2) and (3) of the Foreign Relations Authorization
Act, Fiscal Years 1998 and 1999 (subdivision B of division G of Public
Law 105-277; 112 Stat. 2681), redesignated paras. (3) through (6) as
paras. (4) through (7) and added a new para. (3). At the time of
enactment of Public Law 105-277, however, no para. (6) was contained in
the section. Public Law 105-292 added para. (6) later, shown here
redesignated as para. (7).
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(A) whether such country has adopted policies
to protect children from exploitation in the
workplace, including a prohibition of forced
and bonded labor and policies regarding
acceptable working conditions; and
(B) the extent to which each country enforces
such policies, including the adequacy of the
resources and oversight dedicated to such
policies;
(4) \115\, \116\ the votes of each member
of the United Nations Commission on Human Rights on all
country-specific and thematic resolutions voted on at
the Commission's annual session during the period
covered during the preceding year;
(5) \115\ the extent to which each country has
extended protection to refugees, including the
provision of first asylum and resettlement; \117\
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\117\ Sec. 102(d)(1) of the International Religious Freedom Act of
1998 (Public Law 105-292; 112 Stat. 2794) struck out ``and'' at the end
of para. (4); replaced a period at the end of this para. (5) with ``;
and''; and added a new para. (6). Paras. (4) and (5), however, had
already been redesignated as paras. (5) and (6) by sec. 2216 of Public
Law 105-277. Sec. 2216 of Public Law 105-277 also redesignated a then-
nonexistent para. (6) as para. (7). The amendment has been made to the
subsequently enacted para. (6), shown here as para. (7).
Sec. 806(a) of the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1536), struck out ``and'' at the end of para. (6), struck out a
period at the end of para. (7) and inserted in lieu thereof ``and'',
and added a new para. (8).
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(6) \115\, \117\ the steps the
Administrator has taken to alter United States programs
under this part in any country because of human rights
considerations;
(7) \116\, \117\ wherever applicable,
violations of religious freedom, including particularly
severe violations of religious freedom (as defined in
section 3 of the International Religious Freedom Act of
1998);
(8) \118\ wherever applicable, a description of the
nature and extent of acts of anti-Semitism and anti-
Semitic incitement that occur during the preceding
year, including descriptions of--
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\118\ Sec. 6(a)(1) of the Global Anti-Semitism Review Act of 2004
(Public Law 108-332; 118 Stat. 1285) redesignated paras. (8), (9), and
(10) as paras. (9), (10), and (11), and added a new para. (8).
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(A) acts of physical violence against, or
harassment of Jewish people, and acts of
violence against, or vandalism of Jewish
community institutions, including schools,
synagogues, and cemeteries;
(B) instances of propaganda in government and
nongovernment media that attempt to justify or
promote racial hatred or incite acts of
violence against Jewish people;
(C) the actions, if any, taken by the
government of the country to respond to such
violence and attacks or to eliminate such
propaganda or incitement;
(D) the actions taken by such government to
enact and enforce laws relating to the
protection of the right to religious freedom of
Jewish people; and
(E) the efforts of such government to promote
anti-bias and tolerance education;
(9) \118\ wherever applicable, consolidated
information regarding the commission of war crimes,
crimes against humanity, and evidence of acts that may
constitute genocide (as defined in article 2 of the
Convention on the Prevention and Punishment of the
Crime of Genocide and modified by the United States
instrument of ratification to that convention and
section 2(a) of the Genocide Convention Implementation
Act of 1987);
(10) \119\ for each country with respect to which the
report indicates that extrajudicial killings, torture,
or other serious violations of human rights have
occurred in the country, the extent to which the United
States has taken or will take action to encourage an
end to such practices in the country; and
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\119\ Sec. 665(a) of the Freedom Investment Act of 2002 (subtitle E
of title VI of the Foreign Relations Authorization Act, Fiscal Year
2002; Public Law 107-228; 116 Stat. 1406) struck out ``and'' at the end
of para. (7); replaced a period at the end of para. (8) with ``; and'';
and added a new para. (9), subsequently redesignated as para. (10) by
sec. 6(a) of Public Law 108-332 (118 Stat. 1285). Sec. 683(a) of the
Freedom Investment Act of 2002 (subtitle E of title VI of the Foreign
Relations Authorization Act, Fiscal Year 2002; Public Law 107-228; 116
Stat. 1410) struck out ``and'' at the end of para. (8); replaced a
period at the end of para (9) with ``; and ''; and added a new para.
(10). Sec. 665(c) of that Act further provided the following:
``(c) Separate Report.--The information to be included in the
report required by sections 116(d) and 502B(b) of the Foreign
Assistance Act of 1961 pursuant to the amendments made by subsections
(a) and (b) may be submitted by the Secretary as a separate report. If
the Secretary elects to submit such information as a separate report,
such report shall be submitted not later than 30 days after the date of
submission of the report required by section 116(d) and 502B(b) of the
Foreign Assistance Act of 1961.''.
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(11) \120\ (A) wherever applicable, a description of
the nature and extent)--
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\120\ Sec. 6(a) of Public Law 108-332 (118 Stat. 1285) redesignated
para. (1) as para. (11).
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(i) of the compulsory recruitment and
conscription of individuals under the age of 18
by armed forces of the government of the
country, government-supported paramilitaries,
or other armed groups, and the participation of
such individuals in such groups; and
(ii) that such individuals take a direct part
in hostilities;
(B) what steps, if any, taken by the government of
the country to eliminate such practices; and
(C) such other information related to the use by such
government of individuals under the age of 18 as
soldiers, as determined to be appropriate by the
Secretary.
(e) \109\, \121\ The President is authorized and
encouraged to use not less than $3,000,000 of the funds made
available under this chapter, chapter 10 of this part,\122\ and
chapter 4 of part II for each fiscal year for studies to
identify, and for openly carrying out, programs and activities
which will encourage or promote increased adherence to civil
and political rights, including the right to free religious
belief and practice,\123\ as set forth in the Universal
Declaration of Human Rights, in countries eligible for
assistance under this chapter or under chapter 10 of this part,
except that funds made available under chapter 10 of this part
may only be used under this subsection with respect to
countries in sub-Saharan Africa. None of these funds may be
used, directly or indirectly, to influence the outcome of any
election in any country.
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\121\ Sec. 109(1) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 947) added ``The
President is authorized and encouraged to use not less than''.
Sec. 1002(a)(1) of the Department of State Authorization Act,
Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1052) amended
the authorization level to $3,000,000 and added the reference to funds
available under chapter 4 of part II. Previously, amendments by sec.
306 of the International Security and Development Cooperation Act of
1981 (Public Law 97-113; 95 Stat. 1533), sec. 504 of Public Law 96-533
(94 Stat. 378), and sec. 109(2) of Public Law 95-424 (92 Stat. 947)
authorized the use of $1,500,000 for this purpose in fiscal years 1982-
1983, fiscal year 1981, and fiscal year 1979, respectively. The
original text of subsec. (e), added by sec. 111 of Public Law 95-88 (91
Stat. 537), authorized the use of $750,000 for this purpose during
fiscal year 1978.
Sec. 202 of Public Law 99-440 (100 Stat. 1095) added the
authorization level of $1,500,000 for the fiscal year 1986 and for each
fiscal year thereafter.
Sec. 1002(a)(3) of the Department of State Authorization Act,
Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1052) added
para. designation ``(1)'' and a new para. (2). Sec. 4(a)(3)(B) of the
South African Democratic Transition Support Act of 1993 (Public Law
103-149; 107 Stat. 1505) subsequently repealed para. (2), and struck
out the designation for para. (1).
Subsec. (e)(2) had stated a priority, with supporting guidelines
and conditions, for giving grants to ``nongovernmental organizations in
South Africa promoting political, economic, social, juridical, and
humanitarian efforts to foster a just society and to help victims of
apartheid.''.
Sec. 4(a)(3)(B) of the South African Democratic Transition Support
Act of 1993 (Public Law 103-149; 107 Stat. 1505) also repealed subsecs.
(f) and (g) of sec. 116, which had been added by sec. 202(b) of Public
Law 99-440 (100 Stat. 1095).
Subsec. (f) directed not less than $500,000 under section (e)(2)(A)
to be used ``for direct legal and other assistance to political
detainees and prisoners and their families, including the investigation
of the killing of protesters and prisoners, and for support for actions
of black-led community organizations to resist, through nonviolent
means, the enforcement of apartheid policies * * *''.
Subsec. (g) directed $175,000 each fiscal year to ``be used for
direct assistance to families of victims of violence such as
`necklacing' and other such inhumane acts'', and another $175,000 to
``be made available to black groups in South Africa which are actively
working toward a multi-racial solution to the sharing of political
power in that country through nonviolent, constructive means.''.
\122\ Sec. 562 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2026), added a new chapter 10 to part I of this Act, providing
for long-term development in sub-Saharan Africa, and made a conforming
amendment by inserting ``, chapter 10 of this part,'' here, and text at
the end of the first sentence beginning at ``or under chapter 10''.
\123\ Sec. 501(b) of the International Religious Freedom Act of
1998 (Public Law 105-292; 112 Stat. 2811) inserted ``, including the
right to free religious belief and practice'' after ``adherence to
civil and political rights''. Subsec. (a) of that sec. provided the
following:
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``sec. 501. assistance for promoting religious freedom.
---------------------------------------------------------------------------
``(a) Findings.--Congress makes the following findings:
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``(1) In many nations where severe violations of religious freedom occur,
there is not sufficient statutory legal protection for religious minorities
or there is not sufficient cultural and social understanding of
international norms of religious freedom.
``(2) Accordingly, in the provision of foreign assistance, the United
States should make a priority of promoting and developing legal protections
and cultural respect for religious freedom.''.
(f) \124\ (1) The report required by subsection (d) shall
include the following:
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\124\ Sec. 104(a) of the Trafficking Victims Protection Act of 2000
(division A of Public Law 106-386; 114 Stat. 1471) amended and restated
subsec. (f). Originally added by sec. 597 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2000 (H.R.
3422, enacted by reference in sec. 1000(a)(2) of Public Law 106-113;
113 Stat. 1535), the subsec. formerly read as follows:
``(f)(1) The report required by subsection (d) shall include--
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``(A) a list of foreign states where trafficking in persons, especially
women and children, originates, passes through, or is a destination; and
``(B) an assessment of the efforts by the governments of the states
described in paragraph (A) to combat trafficking. Such an assessment shall
address--
``(i) whether government authorities in each such state tolerate or are
involved in trafficking activities;
``(ii) which government authorities in each such state are involved in
anti-trafficking activities;
``(iii) what steps the government of each such state has taken to
prohibit government officials and other individuals from participating in
trafficking, including the investigation, prosecution, and conviction of
individuals involved in trafficking;
``(iv) what steps the government of each such state has taken to assist
trafficking victims;
``(v) whether the government of each such state is cooperating with
governments of other countries to extradite traffickers when requested;
``(vi) whether the government of each such state is assisting in
international investigations of transnational trafficking networks; and
``(vii) whether the government of each such state refrains from
prosecuting trafficking victims or refrains from other discriminatory
treatment towards victims.
``(2) In compiling data and assessing trafficking for the purposes of
paragraph (1), United States Diplomatic Mission personnel shall consult
with human rights and other appropriate nongovernmental organizations.
``(3) For purposes of this subsection--
``(A) the term `trafficking' means the use of deception, coercion, debt
bondage, the threat of force, or the abuse of authority to recruit,
transport within or across borders, purchase, sell, transfer, receive, or
harbor a person for the purposes of placing or holding such person, whether
for pay or not, in involuntary servitude, slavery or slavery-like
conditions, or in forced, bonded, or coerced labor;
``(B) the term `victim of trafficking' means any person subjected to the
treatment described in subparagraph (A).''.
(A) A description of the nature and extent of severe
forms of trafficking in persons, as defined in section
103 of the Trafficking Victims Protection Act of 2000,
in each foreign country.
(B) With respect to each country that is a country of
origin, transit, or destination for victims of severe
forms of trafficking in persons, an assessment of the
efforts by the government of that country to combat
such trafficking. The assessment shall address the
following:
(i) Whether government authorities in that
country participate in, facilitate, or condone
such trafficking.
(ii) Which government authorities in that
country are involved in activities to combat
such trafficking.
(iii) What steps the government of that
country has taken to prohibit government
officials from participating in, facilitating,
or condoning such trafficking, including the
investigation, prosecution, and conviction of
such officials.
(iv) What steps the government of that
country has taken to prohibit other individuals
from participating in such trafficking,
including the investigation, prosecution, and
conviction of individuals involved in severe
forms of trafficking in persons, the criminal
and civil penalties for such trafficking, and
the efficacy of those penalties in eliminating
or reducing such trafficking.
(v) What steps the government of that country
has taken to assist victims of such
trafficking, including efforts to prevent
victims from being further victimized by
traffickers, government officials, or others,
grants of relief from deportation, and
provision of humanitarian relief, including
provision of mental and physical health care
and shelter.
(vi) Whether the government of that country
is cooperating with governments of other
countries to extradite traffickers when
requested, or, to the extent that such
cooperation would be inconsistent with the laws
of such country or with extradition treaties to
which such country is a party, whether the
government of that country is taking all
appropriate measures to modify or replace such
laws and treaties so as to permit such
cooperation.
(vii) Whether the government of that country
is assisting in international investigations of
transnational trafficking networks and in other
cooperative efforts to combat severe forms of
trafficking in persons.
(viii) Whether the government of that country
refrains from prosecuting victims of severe
forms of trafficking in persons due to such
victims having been trafficked, and refrains
from other discriminatory treatment of such
victims.
(ix) Whether the government of that country
recognizes the rights of victims of severe
forms of trafficking in persons and ensures
their access to justice.
(C) Such other information relating to trafficking in
persons as the Secretary of State considers
appropriate.
(2) In compiling data and making assessments for the
purposes of paragraph (1), United States diplomatic mission
personnel shall consult with human rights organizations and
other appropriate nongovernmental organizations.
Sec. 117.\125\ Assistance for Disadvantaged South Africans.
* * * [Repealed--1993]
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\125\ Formerly at 22 U.S.C. 2151o. Sec. 4(a)(3)(B) of the South
African Democratic Transition Support Act of 1993 (Public Law 103-149;
107 Stat. 1505) repealed sec. 117. It had been added originally by sec.
201(b) of Public Law 99-440 (100 Stat. 1094). Sec. 117 provided
assistance for disadvantaged South Africans through South African
nongovernmental organizations, such as the Educational Opportunities
Council, the South African Institute of Race Relations, READ,
professional teachers' unions, the Outreach Program of the University
of the Western Cape, the Funda Center in Soweto, SACHED, UPP Trust,
TOPS, the Wilgespruit Fellowship Center (WFC), and civic and other
organizations working at the community level which did not receive
funds from the Government of South Africa.
A previous sec. 117, relating to infant nutrition, was repealed in
1978.
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Sec. 117.\126\ Environment and Natural Resources.--(a) The
Congress finds that if current trends in the degradation of
natural resources in developing countries continue, they will
severely undermine the best efforts to meet basic human needs,
to achieve sustained economic growth, and to prevent
international tension and conflict. The Congress also finds
that the world faces enormous, urgent, and complex problems,
with respect to natural resources, which require new forms of
cooperation between the United States and developing countries
to prevent such problems from becoming unmanageable. It is,
therefore, in the economic and security interests of the United
States to provide leadership both in thoroughly reassessing
policies relating to natural resources and the environment, and
in cooperating extensively with developing countries in order
to achieve environmentally sound development.
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\126\ 22 U.S.C. 2151p. Sec. 117 was redesignated from sec. 118 by
sec. 301(1) of Public Law 99-529 (100 Stat. 3014), resulting in the
creation of two sections 117. Sec. 301(2) of Public Law 99-529 further
deleted subsec. (d) of that section, which dealt with tropical forests,
and sec. 301(3) of Public Law 99-529 added a new section 118 entitled
``Tropical Forests''. This section, as added by sec. 113 of Public Law
95-88 (91 Stat. 537) and amended by sec. 110 of Public Law 95-424 (92
Stat. 948) and sec. 122 of Public Law 96-53 (93 Stat. 948), was further
amended and restated by sec. 307 of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1533).
This section previously read as follows:
``Sec. 118. Environment and Natural Resources.--(a) The President
is authorized to furnish assistance under this part for developing and
strengthening the capacity of less developed countries to protect and
manage their environment and natural resources. Special efforts shall
be made to maintain and where possible restore the land, vegetation,
water, wildlife and other resources upon which depend economic growth
and human well-being especially that of the poor.
``(b) In carrying out programs under this chapter, the President
shall take into consideration the environmental consequence of
development actions.''.
See also sec. 534 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
Stat. 1228), as amended, relating to ``Global Warming Initiative''.
See also sec. 533 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2013), as amended, relating to ``Environment and Global
Warming''.
See also sec. 532 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1993 (Public Law 102-391; 106
Stat. 1666), relating to ``Environment''.
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(b) In order to address the serious problems described in
subsection (a), the President is authorized to furnish
assistance under this part for developing and strengthening the
capacity of developing countries to protect and manage their
environment and natural resources. Special efforts shall be
made to maintain and where possible to restore the land,
vegetation, water, wildlife, and other resources upon which
depend economic growth and human well-being, especially of the
poor.
(c)(1) The President, in implementing programs and projects
under this chapter and chapter 10 of this part,\127\ shall take
fully into account the impact of such programs and projects
upon the environment and natural resources of developing
countries. Subject to such procedures as the President
considers appropriate, the President shall require all agencies
and officials responsible for programs or projects under this
chapter--
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\127\ Sec. 562 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2026), added a new chapter 10 to part I of this Act, providing
for long-term development in sub-Saharan Africa, and made a conforming
amendment by inserting ``and chapter 10 of this part'' here.
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(A) to prepare and take fully into account an
environmental impact statement for any program or
project under this chapter significantly affecting the
environment of the global commons outside the
jurisdiction of any country, the environment of the
United States, or other aspects of the environment
which the President may specify; and
(B) to prepare and take fully into account an
environmental assessment of any proposed program or
project under this chapter significantly affecting the
environment of any foreign country.
Such agencies and officials should, where appropriate, use
local technical resources in preparing environmental impact
statements and environmental assessments pursuant to this
subsection.
(2) The President may establish exceptions from the
requirements of this subsection for emergency conditions and
for cases in which compliance with those requirements would be
seriously detrimental to the foreign policy interests of the
United States.
Sec. 118.\128\ Tropical Forests.
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\128\ 22 U.S.C. 2151p-1. Sec. 301(3) of Public Law 99-529 (100
Stat. 3014) added sec. 118. See also footnote 126.
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(a) Importance of Forests and Tree Cover.--In enacting
section 103(b)(3) of this Act the Congress recognized the
importance of forests and tree cover to the developing
countries. The Congress is particularly concerned about the
continuing and accelerating alteration, destruction, and loss
of tropical forests in developing countries, which pose a
serious threat to development and the environment. Tropical
forest destruction and loss--
(1) result in shortages of wood, especially wood for
fuel; loss of biologically productive wetlands;
siltation of lakes, reservoirs, and irrigation systems;
floods; destruction of indigenous peoples; extinction
of plant and animal species; reduced capacity for food
production; and loss of genetic resources; and
(2) can result in desertification and destabilization
of the earth's climate.
Properly managed tropical forests provide a sustained flow of
resources essential to the economic growth of developing
countries, as well as genetic resources of value to developed
and developing countries alike.
(b) Priorities.--The concerns expressed in subsection (a)
and the recommendations of the United States Interagency Task
Force on Tropical Forests shall be given high priority by the
President--
(1) in formulating and carrying out programs and
policies with respect to developing countries,
including those relating to bilateral and multilateral
assistance and those relating to private sector
activities; and
(2) in seeking opportunities to coordinate public and
private development and investment activities which
affect forests in developing countries.
(c) Assistance to Developing Countries.--In providing
assistance to developing countries, the President shall do the
following:
(1) Place a high priority on conservation and
sustainable management of tropical forests.
(2) To the fullest extent feasible, engage in
dialogues and exchanges of information with recipient
countries--
(A) which stress the importance of conserving
and sustainably managing forest resources for
the long-term economic benefit of those
countries, as well as the irreversible losses
associated with forest destruction, and
(B) which identify and focus on policies of
those countries which directly or indirectly
contribute to deforestation.
(3) To the fullest extent feasible, support projects
and activities--
(A) which offer employment and income
alternatives to those who otherwise would cause
destruction and loss of forests, and
(B) which help developing countries identify
and implement alternatives to colonizing
forested areas.
(4) To the fullest extent feasible, support training
programs, educational efforts, and the establishment or
strengthening of institutions which increase the
capacity of developing countries to formulate forest
policies, engage in relevant land-use planning, and
otherwise improve the management of their forests.
(5) To the fullest extent feasible, help end
destructive slash-and-burn agriculture by supporting
stable and productive farming practices in areas
already cleared or degraded and on lands which
inevitably will be settled, with special emphasis on
demonstrating the feasibility of agroforestry and other
techniques which use technologies and methods suited to
the local environment and traditional agricultural
techniques and feature close consultation with and
involvement of local people.
(6) To the fullest extent feasible, help conserve
forests which have not yet been degraded, by helping to
increase production on lands already cleared or
degraded through support of reforestation, fuelwood,
and other sustainable forestry projects and practices,
making sure that local people are involved at all
stages of project design and implementation.
(7) To the fullest extent feasible, support projects
and other activities to conserve forested watersheds
and rehabilitate those which have been deforested,
making sure that local people are involved at all
stages of project design and implementation.
(8) To the fullest extent feasible, support training,
research, and other actions which lead to sustainable
and more environmentally sound practices for timber
harvesting, removal, and processing, including
reforestation, soil conservation, and other activities
to rehabilitate degraded forest lands.
(9) To the fullest extent feasible, support research
to expand knowledge of tropical forests and identify
alternatives which will prevent forest destruction,
loss, or degradation, including research in
agroforestry, sustainable management of natural
forests, small-scale farms and gardens, small-scale
animal husbandry, wider application of adopted
traditional practices, and suitable crops and crop
combinations.
(10) To the fullest extent feasible, conserve
biological diversity in forest areas by--
(A) supporting and cooperating with United
States Government agencies, other donors (both
bilateral and multilateral), and other
appropriate governmental, intergovernmental,
and nongovernmental organizations in efforts to
identify, establish, and maintain a
representative network of protected tropical
forest ecosystems on a worldwide basis;
(B) whenever appropriate, making the
establishment of protected areas a condition of
support for activities involving forest
clearance of degradation; and
(C) helping developing countries identify
tropical forest ecosystems and species in need
of protection and establish and maintain
appropriate protected areas.
(11) To the fullest extent feasible, engage in
efforts to increase the awareness of United States
Government agencies and other donors, both bilateral
and multilateral, of the immediate and long-term value
of tropical forests.
(12) To the fullest extent feasible, utilize the
resources and abilities of all relevant United States
Government agencies.
(13) Require that any program or project under this
chapter significantly affecting tropical forests
(including projects involving the planting of exotic
plant species)--
(A) be based upon careful analysis of the
alternatives available to achieve the best
sustainable use of the land, and
(B) take full account of the environmental
impacts of the proposed activities on
biological diversity,
as provided for in the environmental procedures of the
Agency for International Development.
(14) Deny assistance under this chapter for--
(A) the procurement or use of logging
equipment, unless an environmental assessment
indicates that all timber harvesting operations
involved will be conducted in an
environmentally sound manner which minimizes
forest destruction and that the proposed
activity will produce positive economic
benefits and sustainable forest management
systems; and
(B) actions which significantly degrade
national parks or similar protected areas which
contain tropical forests or introduce exotic
plants or animals into such areas.
(15) Deny assistance under this chapter for the
following activities unless an environmental assessment
indicates that the proposed activity will contribute
significantly and directly to improving the livelihood
of the rural poor and will be conducted in an
environmentally sound manner which supports sustainable
development:
(A) Activities which would result in the
conversion of forest lands to the rearing of
livestock.
(B) The construction, upgrading, or
maintenance of roads (including temporary haul
roads for logging or other extractive
industries) which pass through relatively
undegraded forest lands.
(C) The colonization of forest lands.
(D) The construction of dams or other water
control structures which flood relatively
undegraded forest lands.
(d) PVOs and Other Nongovernmental Organizations.--Whenever
feasible, the President shall accomplish the objectives of this
section through projects managed by private and voluntary
organizations or international, regional, or national
nongovernmental organizations which are active in the region or
country where the project is located.
(e) Country Analysis Requirements.--Each country
development strategy statement or other country plan prepared
by the Agency for International Development shall include an
analysis of--
(1) the actions necessary in that country to achieve
conservation and sustainable management of tropical
forests, and
(2) the extent to which the actions proposed for
support by the Agency meet the needs thus identified.
(f) \129\ Annual Report.--Each annual report required by
section 634(a) of this Act shall include a report on the
implementation of this section.
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\129\ Sec. 209(e)(3) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
113 Stat. 1536), stated that sec. 3003(a)(1) of Public Law 104-66 (109
Stat. 734) is not applicable to this subsection. Sec. 3003(a)(1) of
that Act, as amended, provided that ``* * * each provision of law
requiring the submittal to Congress (or any committee of the Congress)
of any annual, semiannual, or other regular periodic report specified
on the list * * * [prepared by the Clerk of the House of
Representatives for the first session of the One Hundred Third
Congress] shall cease to be effective, with respect to that
requirement, May 15, 2000.''.
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Sec. 119.\130\ Renewable and Unconventional Energy
Technologies. * * * [Repealed--1980]
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\130\ Sec. 119, as added by Public Law 95-88 (91 Stat. 528),
amended by sec. 111 of the International Development and Food
Assistance Act of 1978 (92 Stat. 948), and by sec. 107 of the
International Development Cooperation Act of 1979 (93 Stat. 362), was
repealed by sec. 304(g) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147). See sec.
106 of this Act for text concerning energy technologies.
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Sec. 119.\131\ Endangered Species.--(a) The Congress finds
the survival of many animal and plant species is endangered by
overhunting, by the presence of toxic chemicals in water, air
and soil, and by the destruction of habitats. The Congress
further finds that the extinction of animal and plant species
is an irreparable loss with potentially serious environmental
and economic consequences for developing and developed
countries alike. Accordingly, the preservation of animal and
plant species through the regulation of the hunting and trade
in endangered species, through limitations on the pollution of
natural ecosystems, and through the protection of wildlife
habitats should be an important objective of the United States
development assistance.
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\131\ 22 U.S.C. 2151q. Sec. 702 of the International Environment
Protection Act of 1983 (title VII of the Department of State
Authorization Act, Fiscal Years 1984 and 1985, Public Law 98-164; 97
Stat. 1045) added subsecs. (a) and (b).
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(b) \131\ In order to preserve biological diversity, the
President is authorized to furnish assistance under this part,
notwithstanding section 660,\132\ to assist countries in
protecting and maintaining wildlife habitats and in developing
sound wildlife management and plant conservation programs.
Special efforts should be made to establish and maintain
wildlife sanctuaries, reserves, and parks; to enact and enforce
anti-poaching measures; and to identify, study, and catalog
animal and plant species, especially in tropical environments.
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\132\ Sec. 533(d)(4)(A) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public Law
101-167; 103 Stat. 1227), added ``, notwithstanding section 660,'' at
this point.
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(c) \133\ Funding Level.--For fiscal year 1987, not less
than $2,500,000 of the funds available to carry out this part
(excluding funds made available to carry out section 104(c)(2),
relating to the Child Survival Fund) shall be allocated for
assistance pursuant to subsection (b) for activities which were
not funded prior to fiscal year 1987. In addition, the Agency
for International Development shall, to the fullest extent
possible, continue and increase assistance pursuant to
subsection (b) for activities for which assistance was provided
in fiscal years prior to fiscal year 1987.
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\133\ Sec. 302 of Public Law 99-529 (100 Stat. 3017) added subsecs.
(c) through (h).
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(d) \133\ Country Analysis Requirements.--Each country
development strategy statement or other country plan prepared
by the Agency for International Development shall include an
analysis of--
(1) the actions necessary in that country to conserve
biological diversity, and
(2) the extent to which the actions proposed for
support by the Agency meet the needs thus identified.
(e) \133\ Local Involvement.--To the fullest extent
possible, projects supported under this section shall include
close consultation with and involvement of local people at all
stages of design and implementation.
(f) \133\ PVOs and Other Nongovernmental Organizations.--
Whenever feasible, the objectives of this section shall be
accomplished through projects managed by appropriate private
and voluntary organizations, or international, regional, or
national nongovernmental organizations, which are active in the
region or country where the project is located.
(g) \133\ Actions by AID.--The Administrator of the Agency
for International Development shall--
(1) cooperate with appropriate international
organizations, both governmental and nongovernmental;
(2) look to the World Conservation Strategy as an
overall guide for actions to conserve biological
diversity;
(3) engage in dialogues and exchanges of information
with recipient countries which stress the importance of
conserving biological diversity for the long-term
economic benefit of those countries and which identify
and focus on policies of those countries which directly
or indirectly contribute to loss of biological
diversity;
(4) support training and education efforts which
improve the capacity of recipient countries to prevent
loss of biological diversity;
(5) whenever possible, enter into long-term
agreements in which the recipient country agrees to
protect ecosystems or other wildlife habitats
recommended for protection by relevant governmental or
nongovernmental organizations or as a result of
activities undertaken pursuant to paragraph (6), and
the United States agrees to provide, subject to
obtaining the necessary appropriations, additional
assistance necessary for the establishment and
maintenance of such protected areas;
(6) support, as necessary and in cooperation with the
appropriate governmental and nongovernmental
organizations, efforts to identify and survey
ecosystems in recipient countries worthy of protection;
(7) cooperate with and support the relevant efforts
of other agencies of the United States Government,
including the United States Fish and Wildlife Service,
the National Park Service, the Forest Service, and the
Peace Corps;
(8) review the Agency's environmental regulations and
revise them as necessary to ensure that ongoing and
proposed actions by the Agency do not inadvertently
endanger wildlife species or their critical habitats,
harm protected areas, or have other adverse impacts on
biological diversity (and shall report to the Congress
within a year after the date of enactment of this
paragraph on the actions taken pursuant to this
paragraph);
(9) ensure that environmental profiles sponsored by
the Agency include information needed for conservation
of biological diversity; and
(10) deny any direct or indirect assistance under
this chapter for actions which significantly degrade
national parks or similar protected areas or introduce
exotic plants or animals into such areas.
(h) \133\ Annual Reports.--Each annual report required by
section 634(a) of this Act shall include, in a separate volume,
a report on the implementation of this section.
Sec. 120.\134\ Sahel Development Program--Planning.--(a)
The Congress reaffirms its support of \135\ the initiative of
the United States Government in undertaking consultations and
planning with the countries concerned, and with other nations
providing assistance, with the United Nations, and with other
concerned international and regional organizations, toward the
development and support of a comprehensive long-term African
Sahel development program.
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\134\ 22 U.S.C. 2151r. Sec. 120, originally added as sec. 639B by
sec. 20 of the FA Act of 1973 (Public Law 93-189) and later
redesignated as sec. 494B by sec. 101(5) of Public Law 94-161 (89 Stat.
849), was again redesignated as sec. 120 by sec. 115(1) of the
International Development and Food Assistance Act of 1977 (Public Law
95-88; 91 Stat. 539).
Sec. 115(2) of the International Development and Food Assistance
Act of 1977 (Public Law 95-88; 91 Stat. 539) struck out ``African
Development Program'' and inserted in lieu thereof ``Sahel Development
Program--Planning'' in the section catchline.
\135\ Sec. 101(7)(C) of Public Law 94-161 (89 Stat. 849) struck out
``supports'' and inserted in lieu thereof ``reaffirms its support of''.
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(b) \136\ The President is authorized to develop a long-
term comprehensive development program for the Sahel and other
drought-stricken nations in Africa.
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\136\ Sec. 101(7)(D) of Public Law 94-161 (89 Stat. 849) added
subsecs. (b), (c), and (d). Sec. 502(d)(1) of the International
Development and Food Assistance Act of 1978 (Public Law 95-424; 92
Stat. 959) subsequently repealed subsec. (d).
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(c) \136\ In developing this long-term program, the
President shall--
(1) consider international coordination for the
planning and implementation of such program;
(2) seek greater participation and support by African
countries and organizations in determining development
priorities; and
(3) begin such planning immediately.
(d) \136\ * * * [Repealed--1978]
Sec. 121.\137\ Sahel Development Program--Implementation. *
* * [Repealed--1990]
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\137\ Sec. 562 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2026), added a new chapter 10 to part I of this Act, providing
for long-term development in sub-Saharan Africa, and made a conforming
amendment by repealing sec. 121. Sec. 121, as added by sec. 115(3) of
the International Development and Food Assistance Act of 1977 (Public
Law 95-88; 91 Stat. 53), and amended by sec. 108 of the International
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 363),
sec. 809 of the International Security and Development Cooperation Act
of 1985 (Public Law 99-83; 99 Stat. 263), International Security and
Development Assistance Authorization Act of 1983 (sec. 101(b)(2) of the
Further Continuing Appropriations, 1984, Public Law 98-151; 97 Stat.
969), sec. 308 of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1535), and sec.
306 of Public Law 96-533 (94 Stat. 363), formerly read as follows:
``Sec. 121. Sahel Development Program--Implementation.--(a) The
President is authorized to furnish assistance, on such terms and
conditions as he may determine, for the long-term development of the
Sahelian region. Assistance furnished under this section shall be in
accordance with a long-term, multidonor development plan which calls
for equitable burden sharing with other donors and shall be furnished,
whenever appropriate, in cooperation with an international coordinating
mechanism.
``(b) The President shall prepare an annual report on the Sahel
Development Program concerning the allocation of the United States
contribution to the Program, the extent of the contributions from other
donor countries, the effectiveness of the integrated effort through the
Club des Amis du Sahel, and the progress made in achieving the
objectives of the program.
``(c) There are authorized to be appropriated to the President for
purposes of this section beginning in the fiscal year 1978, in addition
to funds otherwise available for such purposes, $200,000,000, except
that not to exceed $50,000,000, may be appropriated under this section
for the fiscal year 1978. In addition to the amount authorized in the
preceding sentence and to funds otherwise available for such purposes,
there are authorized to be appropriated to the President for purposes
of this section $25,000,000. In addition to the amounts authorized in
the preceding sentences and to funds otherwise available for such
purposes, there are authorized to be appropriated to the President for
purposes of this section $86,558,000 for the fiscal year 1986 and
$87,750,000 for the fiscal year 1987. Amounts appropriated under this
section are authorized to remain available until expended.
``(d) Funds available to carry out this section (including foreign
currencies acquired with funds appropriated to carry out this section)
may not be made available to any foreign government for disbursement
unless the Administrator of the Agency for International Development
determines that the foreign government will maintain a system of
accounts with respect to those funds which will provide adequate
identification of and control over the receipt and expenditure of those
funds.
``(e) Grants shall be made under this section to Sahel Development
Program host governments in order to help them enhance their
administrative capabilities to meet the administrative requirements
resulting from donor country projects and activities.''.
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Sec. 122.\138\ General Authorities.--(a) In order to carry
out the purposes of this chapter, the President is authorized
to furnish assistance, on such terms and conditions as he may
determine, to countries and areas through programs of grant and
loan assistance, bilaterally or through regional, multilateral,
or private entities.
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\138\ 22 U.S.C. 2151t. Sec. 102(a) of the International Development
and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 940) added
subsec. (a). Sec. 102(b) of that same Act substantially amended
subsecs. (b), (c), and (d) of sec. 201, consolidating them into one
subsec. (b), and then moving it to become subsec. (b) of sec. 122.
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(b) \138\ The President is authorized to make loans payable
as to principal and interest in United States dollars on such
terms and conditions as he may determine, in order to promote
the economic development of countries and areas, with emphasis
upon assisting long range plans and programs designed to
develop economic resources and increase productive capacities.
The President shall determine the interest payable on any loan.
In making loans under this chapter, the President shall
consider the economic circumstances of the borrower and other
relevant factors, including the capacity of the recipient
country to repay the loan at a reasonable rate of interest,
except that loans may not be made at a rate of interest of less
than 3 per centum per annum commencing not later than ten years
following the date on which the funds are initially made
available under the loan, during which ten-year period the rate
of interest shall not be lower than 2 per centum per annum, nor
higher than the applicable legal rate of interest of the
country in which the loan is made.
(c) \139\ Dollar receipts paid during any fiscal year from
loans made under this part or from loans made under predecessor
foreign assistance legislation shall be deposited in the
Treasury as miscellaneous receipts.
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\139\ Sec. 102(c)(1) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 941) added subsecs.
(c) and (d).
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(d) \139\ Not to exceed $10,000,000 of the funds made
available each fiscal year for the purposes of this chapter may
be used for assistance on such terms and conditions as the
President may determine, to research and educational
institutions in the United States for the purpose of
strengthening their capacity to develop and carry out programs
concerned with the economic and social development of
developing countries.
(e) \140\ The President shall establish an interagency
Development Loan Committee, consisting of such officers from
such agencies of the United States Government as he may
determine, which shall, under the direction of the President,
establish standards and criteria for lending operations under
this chapter in accordance with the foreign and financial
policies of the United States. Except in the case of officers
serving in positions to which they were appointed by the
President by and with the advice and consent of the Senate,
officers assigned to the Committee shall be so assigned by the
President by and with the advice and consent of the Senate.
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\140\ Subsec. (e) formerly appeared in this Act as sec. 204. Such
sec. 204 was redesignated as subsec. (e) of this section by sec. 102(d)
of the International Development and Food Assistance Act of 1978
(Public Law 95-424; 92 Stat. 941).
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Sec. 123.\141\ Private and Voluntary Organizations and
Cooperatives in Overseas Development.--(a) The Congress finds
that the participation of rural and urban poor people in their
countries' development can be assisted and accelerated in an
effective manner through an increase in activities planned and
carried out by private and voluntary organizations and
cooperatives. Such organizations and cooperatives, embodying
the American spirit of self-help and assistance to others to
improve their lives and incomes, constitute an important means
of mobilizing private American financial and human resources to
benefit poor people in developing countries. The Congress
declares that it is in the interest of the United States that
such organizations and cooperatives expand their overseas
development efforts without compromising their private and
independent nature. The Congress further declares that the
financial resources of such organizations and cooperatives
should be supplemented by the contribution of public funds for
the purpose of undertaking development activities in accordance
with the principles set forth in section 102 and, if necessary
and determined on a case-by-case basis, for the purpose of
sharing the cost of developing programs related to such
activities.\142\ The Congress urges the Administrator of the
agency primarily responsible for administering this part, in
implementing programs authorized under this part, to draw on
the resources of private and voluntary organizations and
cooperatives to plan and carry out development activities and
to establish simplified procedures for the development and
approval of programs to be carried out by such private and
voluntary organizations and cooperatives as have demonstrated a
capacity to undertake effective development activities.\143\
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\141\ 22 U.S.C. 2151u. Added by sec. 102(e) of the International
Development and Food Assistance Act of 1978 (Public Law 95-424; 92
Stat. 941).
\142\ Sec. 307(1) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147) added the
words to this point beginning with ``and, if necessary * * *''.
\143\ Sec. 307(2) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147) added the
words to this point beginning with ``and to establish * * *''.
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(b) \144\ In order to further the efficient use of United
States voluntary contributions for development, relief, and
rehabilitation of friendly peoples, the President is authorized
to use funds made available for the purposes of this chapter
and chapter 10 of this part \145\ to pay transportation charges
on shipments by the American National Red Cross and by United
States voluntary agencies registered with the Agency for
International Development.\146\
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\144\ Sec. 534(f) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2004 (division D of Public Law
108-199; 118 Stat. 182), provided the following:
``(f) Shipment of Humanitarian Assistance.--During fiscal year 2004
and each fiscal year thereafter, of the amounts made available by the
United States Agency for International Development to carry out the
provisions of section 123(b) of the Foreign Assistance Act of 1961,
funds may be made available to nongovernmental organizations for
administrative costs necessary to implement a program to obtain
available donated space on commercial ships for the shipment of
humanitarian assistance overseas.''.
\145\ Sec. 562 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2026), added a new chapter 10 to part I of this Act, providing
for long-term development in sub-Saharan Africa, and made a conforming
amendment by inserting ``and chapter 10 of this part'' here.
\146\ Sec. 121 of the International Development Cooperation Act of
1979 (Public Law 96-53; 93 Stat. 366) struck out ``Advisory Committee
on Voluntary Foreign Aid'' and inserted in lieu thereof ``Agency for
International Development''.
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(c) Reimbursement under this section may be provided for
transportation charges on shipments from United States ports,
or in the case of excess or surplus property supplied by the
United States from foreign ports, to ports of entry abroad or
to points of entry abroad in cases (1) of landlocked countries,
(2) where ports cannot be used effectively because of natural
or other disturbances, (3) where carriers to a specified
country are unavailable, or (4) where a substantial savings in
costs or time can be effected by the utilization of points of
entry other than ports.
(d) Where practicable, the President shall make
arrangements with the receiving country for free entry of such
shipments and for the making available by the country of local
currencies for the purpose of defraying the transportation
costs of such shipments from the port or point of entry of the
receiving country to the designated shipping point of the
consignee.
(e) \147\ Prohibitions on assistance to countries contained
in this or any other Act shall not be construed to prohibit
assistance by the agency primarily responsible for
administering this part in support of programs of private and
voluntary organizations and cooperatives already being
supported prior to the date such prohibition becomes
applicable. The President shall take into consideration, in any
case in which statutory prohibitions on assistance would be
applicable but for this subsection, whether continuation of
support for such programs is in the national interest of the
United States. If the President continues such support after
such date, he shall prepare and transmit, not later than one
year \148\ after such date, to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate a report setting forth the reasons for
such continuation.
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\147\ Sec. 307(3) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147) added
subsec. (e).
See also sec. 7028 of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 873), relating to eligibility for assistance.
\148\ Sec. 309(a) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), struck out
``thirty days'' and inserted in lieu thereof ``one year''.
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(f) \149\ For each of the fiscal years 1986 through 1989
\150\ funds in an amount not less than thirteen and one-half
\150\ percent of the aggregate amount appropriated for that
fiscal year to carry out sections 103(a), 104(b), 104(c), 105,
106, 121, and 491 of this Act shall be made available for the
activities of private and voluntary organizations, and the
President shall seek to channel funds in an amount not less
than sixteen percent of such aggregate amount for the
activities of private and voluntary organizations. Funds made
available under chapter 4 of part II of this Act for the
activities of private and voluntary organizations may be
considered in determining compliance with the requirements of
this subsection.\150\
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\149\ Sec. 309 of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1535) added
subsecs. (f) and (g). Title II of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1999 (division A,
sec. 101(d) of Public Law 105-277; 112 Stat. 2681), repealed subsec.
(g), which had read as follows:
``(g) After December 31, 1984, funds made available to carry out
section 103(a), 104(b), 104(c), 105, 106, 491, or 496 of this Act may
not be made available for programs of any United States private and
voluntary organization which does not obtain at least 20 percent of its
total annual financial support for its international activities from
sources other than the United States Government, except that this
restriction does not apply with respect to programs which, as of that
date, are receiving financial support from the agency primarily
responsible for administering this part. The Administrator of the
agency primarily responsible for administering this part may, on a
case-by-case basis, waive the restriction established by this
subsection, after taking into account the effectiveness of the overseas
development activities of the organization, its level of volunteer
support, its financial viability and stability, and the degree of its
dependence for its financial support on the agency primarily
responsible for administering this part.''.
\150\ Sec. 309(b) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), amended sec.
123(f) by striking out ``1982, 1983 and 1984'' and inserting in lieu
thereof ``1986 through 1989''; by striking out ``twelve'' and by
inserting in lieu thereof ``thirteen and one half'', and by adding the
current last sentence.
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(g) \149\ * * * [Repealed--1998]
(h) \151\ The Congress recognizes that, in addition to
their role in social and economic development, cooperatives
provide an opportunity for people to participate directly in
democratic decisionmaking. Therefore, assistance under this
chapter shall be provided to rural and urban cooperatives which
offer large numbers of low- and middle-income people in
developing countries an opportunity to participate directly in
democratic decisionmaking. Such assistance shall be designed to
encourage the adoption of self-help, private sector cooperative
techniques and practices which have been successful in the
United States.
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\151\ Sec. 310 of Public Law 99-83 (99 Stat. 190) added subsec.
(h).
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Sec. 124.\152\ Relatively Least Developed Countries.--(a)
Relatively least developed countries (as determined on the
basis of criteria comparable to those used for the United
Nations General Assembly list of ``least developed countries'')
are characterized by extreme poverty, very limited
infrastructure, and limited administrative capacity to
implement basic human needs growth strategies. In such
countries special measures may be necessary to insure the full
effectiveness of assistance furnished under this part.
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\152\ 22 U.S.C. 2151v. Sec. 112(a)(1) of the International
Development and Food Assistance Act of 1978 (Public Law 95-424; 92
Stat. 948) added sec. 124.
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(b) For the purpose of promoting economic growth in these
countries, the President is authorized and encouraged to make
assistance under this chapter available on a grant basis to the
maximum extent that is consistent with the attainment of United
States development objectives.
(c) \153\ (1) The Congress recognizes that the relatively
least developed countries have virtually no access to private
international capital markets. Insofar as possible, prior
assistance terms should be consistent with present grant
assistance terms for relatively least developed countries.
Therefore, notwithstanding section 620(r) of this Act and
section 321 of the International Development and Food
Assistance Act of 1975 but subject to paragraph (2) of this
subsection, the President on a case-by-case basis, taking into
account the needs of the country for financial resources and
the commitment of the country to the development objectives set
forth in sections 101 and 102--
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\153\ Sec. 112(a)(2) of the International Development and Food
Assistance Act of 1978 (92 Stat. 949) stated that the authority granted
by subsec. (c) shall not become effective until October 1, 1979.
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(A) may permit a relatively least developed country
to place amounts, which would otherwise be paid to the
United States as payments on principal or interest on
liability incurred by that country under this part (or
any predecessor legislation) into local currency
accounts (in equivalent amounts of local currencies as
determined by the official exchange rate for United
States dollars) for use by the relatively least
developed country, with the concurrence of the
Administrator of the agency primarily responsible for
administering this part, for activities which are
consistent with section 102; and
(B) may waive interest payments on liability incurred
by a relatively least developed country under this part
(or any predecessor legislation) if the President
determines that that country would be unable to use for
development purposes the equivalent amounts of local
currencies which could be made available under
subparagraph (A).
(2) The aggregate amount of interest waived and interest
and principal paid into local currency accounts under this
subsection in any fiscal year may not exceed the amount
approved for such purpose in an Act appropriating funds to
carry out this chapter for that fiscal year, which amount may
not exceed the amount authorized to be so approved by the
annual authorizing legislation for development assistance
programs. Amounts due and payable during fiscal year 1981 to
the United States from relatively least developed countries on
loans made under this part (or any predecessor legislation) are
authorized to be approved for use, in accordance with the
provisions of paragraph (1) of this subsection, in an amount
not to exceed $10,845,000.\154\
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\154\ Sec. 109 of the International Development Cooperation Act of
1979 (Public Law 96-53; 93 Stat. 363) added this sentence. The
authorization figure for fiscal year 1981 was inserted in lieu of the
fiscal year 1980 authorization ($18,800,000) by sec. 308 of the
International Security and Development Cooperation Act of 1980 (Public
Law 96-533; 94 Stat. 3147).
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(3) In exercising the authority granted by this subsection,
the President should act in concert with other creditor
countries.
(d) The President may on a case-by-case basis waive the
requirement of section 110(a) for financial or ``in kind''
contributions in the case of programs, projects, or activities
in relatively least developed countries.
(e) Section 110(b) shall not apply with respect to grants
to relatively least developed countries.
Sec. 125.\155\ Project and Program Evaluation.--(a) The
Administrator of the agency primarily responsible for
administering this part is directed to improve the assessment
and evaluation of the programs and projects carried out by that
agency under this chapter. The Administrator shall consult with
the appropriate committees of the Congress in establishing
standards for such evaluations.
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\155\ 22 U.S.C. 2151w. Sec. 113 of the International Development
and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 950) added
sec. 125. The responsibility of the Administrator mentioned in this
section was transferred to the Director of IDCA, pursuant to sec. 6 of
Reorganization Plan No. 2 of 1979 (establishing IDCA). The
Reorganization Plan No. 2 of 1979 ceased to be effective with enactment
of the Foreign Affairs Reform and Restructuring Act of 1998, pursuant
to sec. 1422(a)(1) (division G of Public Law 105-277; 112 Stat. 2681).
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(b) \156\ * * * [Repealed--1981]
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\156\ Sec. 734(a)(1) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
subsec. (b), which required the President to report to Congress on
improvements to the evaluation of projects and programs conducted by
the international financial institutions and the United Nations
Development Program. Such report was submitted on March 26, 1979.
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Sec. 126.\157\ Development and Illicit Narcotics
Production.--(a) The Congress recognizes that illicit narcotics
cultivation is related to overall development problems and that
the vast majority of all individuals employed in the
cultivation of illicit narcotics reside in the developing
countries and are among the poorest of the poor in those
countries and that therefore the ultimate success of any effort
to eliminate illicit narcotics production depends upon the
availability of alternative economic opportunities for those
individuals, upon other factors which assistance under this
chapter could address, as well as upon direct narcotics control
efforts.
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\157\ 22 U.S.C. 2151x. Sec. 110 of the International Development
Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 363) added sec.
126.
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(b)(1) \158\ In planning programs of assistance under this
chapter, and chapter 10 of this part,\158\ and under chapter 4
of part II \158\ for countries in which there is illicit
narcotics cultivation, the agency primarily responsible for
administering this part should give priority consideration to
programs which would help reduce illicit narcotics cultivation
by stimulating broader development opportunities.
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\158\ Sec. 603 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), inserted
``and under chapter 4 of Part II''; inserted the paragraph designation
``(1)'', and added a new para. (2).
Sec. 562 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2026),
added a new chapter 10 to part I of this Act, providing for long-term
development in sub-Saharan Africa, and made a conforming amendment by
inserting ``, and chapter 10 of this part,''.
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(2) \158\ The agency primarily responsible for
administering this part may utilize resources for activities
aimed at increasing awareness of the effects of production and
trafficking of illicit narcotics on source and transit
countries.
(c) In furtherance of the purposes of this section, the
agency primarily responsible for administering this part shall
cooperate fully with, and share its expertise in development
matters with, other agencies of the United States Government
involved in narcotics control activities abroad.
Sec. 127.\159\ Accelerated Loan Repayments.--The
Administrator of the agency primarily responsible for
administering this part shall conduct an annual review of
bilateral concessional loan balances and shall determine and
identify those countries whose financial resources make
possible accelerated loan repayments. In particular, European
countries that were recipients of concessional loans by
predecessor agencies to the agency primarily responsible for
administering this part shall be contacted to negotiate
accelerated repayments. The criteria used by the Administrator
in making these determinations shall be established in
conjunction with the Committee on Foreign Affairs \160\ of the
House of Representatives and the Committee on Foreign Relations
of the Senate.
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\159\ 22 U.S.C. 2151y. Sec. 508(a) of the International Development
Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 379) added sec.
127. Sec. 508(b) called on the administration to describe the efforts
made to negotiate accelerated loan repayments in accordance with sec.
127 within the annual reports on foreign assistance submitted to
Congress in 1980 and 1981 pursuant to sec. 634 of this Act.
\160\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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Sec. 128.\161\ Targeted Assistance.--(a) The President
shall use poverty measurement standards, such as those
developed by the International Bank for Reconstruction and
Development, and other appropriate measurements in determining
target populations for United States development assistance,
and shall strengthen United States efforts to assure that a
substantial percentage of development assistance under this
chapter directly improves the lives of the poor majority, with
special emphasis on those individuals living in absolute
poverty.
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\161\ 22 U.S.C. 2151z. Sec. 101(b)(2) of Public Law 97-377 (96
Stat. 1832) added sec. 128. Sec. 121(b)(2) of such Act also required a
report to Congress within six months from the Administrator of AID on
the implementation of this provision, the types of projects determined
to meet these requirements, and the effect on the overall U.S. foreign
assistance program.
Sec. 312(a) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) amended sec.
128 by replacing its previous text into new subsecs. (a) and (b).
Previously sec. 128 read as follows:
``Sec. 128. Targeting Assistance for Those Living in Absolute
Poverty.--In carrying out this chapter, the President in fiscal year
1983, shall attempt to use not less than 40 per centum of the funds
made available to carry out this chapter to finance productive
facilities, goods, and services which will expeditiously and directly
benefit those living in absolute poverty (as determined under the
standards for absolute poverty adopted by the International Bank for
Reconstruction and Development and the International Development
Association). Such facilities, goods, and services may include, for
example, irrigation facilities, extension services, credit for small
farmers, roads, safe drinking water supplies, and health services. Such
facilities, goods, and services may not include studies, reports,
technical advice, consulting services, or any other items unless (A)
they are used primarily by those living in absolute poverty themselves,
or (B) they constitute research which produces or aims to produce
techniques, seeds, or other items to be primarily used by those living
in absolute poverty. Research shall not constitute the major part of
such facilities, goods, and services.''.
Sec. 312(b) of Public Law 99-83 (99 Stat. 190), amended sec.
634(a)(1) of this Act, requiring annual reports to Congress to include
an evaluation of the extent to which programs under chapter 1 part I
directly benefit the poor majority.
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(b) To the maximum extent possible, activities under this
chapter that attempt to increase the institutional capabilities
of private organizations or governments, or that attempt to
stimulate scientific and technological research, shall be
designed and monitored to ensure that the ultimate
beneficiaries of these activities are the poor majority.
SEC. 129.\162\ PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO FOREIGN
GOVERNMENTS AND FOREIGN CENTRAL BANKS OF DEVELOPING
OR TRANSITIONAL COUNTRIES.
(a) Establishment of Program.--
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\162\ 22 U.S.C. 2151aa. Added by sec. 589(a) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1999 (division A, sec. 101(d) of Public Law 105-277; 112 Stat. 2681).
Title III of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 853), provided the following:
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``Department of the Treasury
``international affairs technical assistance
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``For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961, $25,000,000, to remain available
until September 30, 2011, which shall be available notwithstanding any
other provision of law.''.
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(1) In general.--Not later than 150 days after the
date of the enactment of this section, the Secretary of
the Treasury, after consultation with the Secretary of
State and the Administrator of the United States Agency
for International Development, is authorized to
establish a program to provide technical assistance to
foreign governments and foreign central banks of
developing or transitional countries.
(2) Role of secretary of state.--The Secretary of
State shall provide foreign policy guidance to the
Secretary to ensure that the program established under
this subsection is effectively integrated into the
foreign policy of the United States.
(b) Conduct of Program.--
(1) In general.--In carrying out the program
established under subsection (a), the Secretary shall
provide economic and financial technical assistance to
foreign governments and foreign central banks of
developing and transitional countries by providing
advisers with appropriate expertise to advance the
enactment of laws and establishment of administrative
procedures and institutions in such countries to
promote macroeconomic and fiscal stability, efficient
resource allocation, transparent and market-oriented
processes and sustainable private sector growth.
(2) Additional requirements.--To the extent
practicable, such technical assistance shall be
designed to establish--
(A) tax systems that are fair, objective, and
efficiently gather sufficient revenues for
governmental operations;
(B) debt issuance and management programs
that rely on market forces;
(C) budget planning and implementation that
permits responsible fiscal policy management;
(D) commercial banking sector development
that efficiently intermediates between savers
and investors; and
(E) financial law enforcement to protect the
integrity of financial systems, financial
institutions, and government programs.
(3) \163\ Emphasis on anti-corruption.--Such
technical assistance shall include elements designed to
combat anti-competitive, unethical, and corrupt
activities, including protection against actions that
may distort or inhibit transparency in market
mechanisms and, to the extent applicable, privatization
procedures.
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\163\ Sec. 204 of the International Anti-Corruption and Good
Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1092)
added para. (3).
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(c) Administrative Requirements.--In carrying out the
program established under subsection (a), the Secretary--
(1) shall establish a methodology for identifying and
selecting foreign governments and foreign central banks
to receive assistance under the program;
(2) prior to selecting a foreign government or
foreign central bank to receive assistance under the
program, shall receive the concurrence of the Secretary
of State with respect to the selection of such
government or central bank and with respect to the cost
of the assistance to such government or central bank;
(3) shall consult with the heads of appropriate
Executive agencies of the United States, including the
Secretary of State and the Administrator of the United
States Agency for International Development, and
appropriate international financial institutions to
avoid duplicative efforts with respect to those foreign
countries for which such agencies or organizations
provide similar assistance;
(4) shall ensure that the program is consistent with
the International Affairs Strategic Plan and Mission
Performance Plan of the United States Agency for
International Development;
(5) shall establish and carry out a plan to evaluate
the program.
(d) Administrative Authorities.--In carrying out the
program established under subsection (a), the Secretary shall
have the following administrative authorities:
(1) The Secretary may provide allowances and benefits
under chapter 9 of title I of the Foreign Service Act
of 1980 (22 U.S.C. 4081 et seq.) to any officer or
employee of any agency of the United States Government
performing functions under this section outside the
United States.
(2)(A) The Secretary may allocate or transfer to any
agency of the United States Government any part of any
funds available for carrying out this section,
including any advance to the United States Government
by any country or international organization for the
procurement of commodities, supplies, or services.
(B) Such funds shall be available for obligation and
expenditure for the purposes for which such funds were
authorized, in accordance with authority granted in
this section or under authority governing the
activities of the agency of the United States
Government to which such funds are allocated or
transferred.
(3) Appropriations for the purposes of or pursuant to
this section, and allocations to any agency of the
United States Government from other appropriations for
functions directly related to the purposes of this
section, shall be available for--
(A) contracting with individuals for personal
services abroad, except that such individuals
shall not be regarded as employees of the
United States Government for the purpose of any
law administered by the Office of Personnel
Management;
(B) the purchase and hire of passenger motor
vehicles, except that passenger motor vehicles
may be purchased only--
(i) for use in foreign countries; and
(ii) if the Secretary or the
Secretary's designee has determined
that the vehicle is necessary to
accomplish the mission;
(C) the purchase of insurance for official
motor vehicles acquired for use in foreign
countries;
(D)(i) the rent or lease outside the United
States, not to exceed 5 years, of offices,
buildings, grounds, and quarters, including
living quarters to house personnel, consistent
with the relevant interagency housing board
policy, and payments therefor in advance;
(ii) maintenance, furnishings, necessary
repairs, improvements, and alterations to
properties owned or rented by the United States
Government or made available for use to the
United States Government outside the United
States; and
(iii) costs of insurance, fuel, water, and
utilities for such properties;
(E) expenses of preparing and transporting to
their former homes or places of burial the
remains of foreign participants or members of
the family of foreign participants, who may die
while such participants are away from their
homes participating in activities carried out
with funds covered by this section;
(F) notwithstanding any other provision of
law, transportation and payment of per diem in
lieu of subsistence to foreign participants
engaged in activities of the program under this
section while such participants are away from
their homes in countries other than the United
States, at rates not in excess of those
prescribed by the standardized Government
travel regulations;
(G) expenses in connection with travel of
personnel outside the United States, including
travel expenses of dependents (including
expenses during necessary stop-overs while
engaged in such travel), and transportation of
personal effects, household goods, and
automobiles of such personnel when any part of
such travel or transportation begins in one
fiscal year pursuant to travel orders issued in
that fiscal year, notwithstanding the fact that
such travel or transportation may not be
completed during the same fiscal year, and cost
of transporting automobiles to and from a place
of storage, and the cost of storing automobiles
of such personnel when it is in the public
interest or more economical to authorize
storage; and
(H) grants to, and cooperative agreements and
contracts with, any individual, corporation, or
other body of persons, nonprofit organization,
friendly government or government agency,
whether within or without the United States,
and international organizations, as the
Secretary determines is appropriate to carry
out the purposes of this section.
(4) Whenever the Secretary determines it to be
consistent with the purposes of this section, the
Secretary is authorized to furnish services and
commodities on an advance-of-funds basis to any
friendly country or international organization that is
not otherwise prohibited from receiving assistance
under this Act. Such advances may be credited to the
currently applicable appropriation, account, or fund of
the Department of the Treasury and shall be available
for the purposes for which such appropriation, account,
or fund is authorized to be used.
(e) Issuance of Regulations.--The Secretary is authorized
to issue such regulations with respect to personal service
contractors as the Secretary deems necessary to carry out this
section.
(f) Rule of Construction.--Nothing in this section shall be
construed to infringe upon the powers or functions of the
Secretary of State (including the powers or functions described
in section 103 of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4802)) or of any chief of
mission (including the powers or functions described in section
207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)).
(g) Termination of Assistance.--The Secretary shall
conclude assistance activities for a recipient foreign
government or foreign central bank under the program
established under subsection (a) if the Secretary, after
consultation with the appropriate officers of the United
States, determines that such assistance has resulted in the
enactment of laws or the establishment of institutions in that
country that promote fiscal stability and administrative
procedures, efficient resource allocation, transparent and
market-oriented processes and private sector growth in a
sustainable manner.
(h) Report.--
(1) In general.--Not later than 3 months after the
date of the enactment of this section, and every 6
months thereafter, the Secretary shall prepare and
submit to the appropriate congressional committees a
report on the conduct of the program established under
this section during the preceding 6-month period.
(2) Definition.--In this subsection, the term
``appropriate congressional committees'' means--
(A) the Committee on International Relations
and the Committee on Appropriations of the
House of Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
(i) Definitions.--In this section:
(1) Developing or transitional country.--The term
``developing or transitional country'' means a country
eligible to receive development assistance under this
chapter.
(2) International financial institution.--The term
``international financial institution'' means the
International Monetary Fund, the International Bank for
Reconstruction and Development, the International
Development Association, the International Finance
Corporation, the Multilateral Investment Guarantee
Agency, the Asian Development Bank, the African
Development Bank, the African Development Fund, the
Inter-American Development Bank, the Inter-American
Investment Corporation, the European Bank for
Reconstruction and Development, and the Bank for
Economic Cooperation and Development in the Middle East
and North Africa.
(3) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury.
(4) Technical assistance.--The term ``technical
assistance'' includes--
(A) the use of short-term and long-term
expert advisers to assist foreign governments
and foreign central banks for the purposes
described in subsection (b)(1);
(B) training in the recipient country, the
United States, or elsewhere for the purposes
described in subsection (b)(1);
(C) grants of goods, services, or funds to
foreign governments and foreign central banks;
(D) grants to United States nonprofit
organizations to provide services or products
which contribute to the provision of advice to
foreign governments and foreign central banks;
and
(E) study tours for foreign officials in the
United States or elsewhere for the purpose of
providing technical information to such
officials.
(5) Foreign participant.--The term ``foreign
participant'' means the national of a developing or
transitional country that is receiving assistance under
the program established under subsection (a) who has
been designated to participate in activities under such
program.
(j) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to carry out this section $5,000,000 for
fiscal year 1999.
(2) Availability of amounts.--Amounts authorized to
be appropriated under paragraph (1) are authorized to
remain available until expended.
SEC. 130.\164\ ASSISTANCE FOR VICTIMS OF TORTURE.
(a) In General.--The President is authorized to provide
assistance for the rehabilitation of victims of torture.
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\164\ 22 U.S.C. 2152. Added by sec. 4(a) of the Torture Victims
Relief Act of 1998 (Public Law 105-320; 112 Stat. 3016), as sec. 129.
Sec. 6(a) of Public Law 106-87 (113 Stat. 1302) redesignated sec. 129
as sec. 130.
Funding levels for foreign treatment centers, domestic treatment
centers (under the Department of Health and Human Services), and a U.S.
contribution to the United Nations Voluntary Fund for Victims of
Torture are provided in the Torture Victims Relief Act of 1998 (Public
Law 105-320; 112 Stat. 3016) and subsequent reauthorizations. For that
Act and other related legislation, see Legislation on Foreign Relations
Through 2008, vol. I-B. Funding levels have been authorized as follows:
For foreign treatment centers: fiscal year 1999--$5,000,000; fiscal
year 2000--$7,500,000; fiscal year 2001--$10,000,000; fiscal year
2002--$10,000,000; fiscal year 2003--$10,000,000; fiscal year 2004--
$11,000,000; fiscal year 2005--$12,000,000; fiscal year 2006--
$12,000,000; fiscal year 2007--$13,000,000; fiscal years 2008 and
2009--no new authorization.
For domestic treatment centers (under the Department of Health and
Human Services): fiscal year 1999--$5,000,000; fiscal year 2000--
$7,500,000; fiscal year 2001--$10,000,000; fiscal year 2002--
$10,000,000; fiscal year 2003--$10,000,000; fiscal year 2004--
$20,000,000; fiscal year 2005--$25,000,000; fiscal year 2006--
$25,000,000; fiscal year 2007--$25,000,000; fiscal years 2008 and
2009--no new authorization.
For a U.S. contribution to the U.N. Voluntary Fund for Victims of
Torture: fiscal year 1999--$3,000,000; fiscal year 2000--$3,000,000;
fiscal year 2001--$5,000,000; fiscal year 2002--$5,000,000; fiscal year
2003--$5,000,000; fiscal year 2004--$6,000,000; fiscal year 2005--
$7,000,000; fiscal year 2006--$7,000,000; fiscal year 2007--$8,000,000;
fiscal years 2008 and 2009--no new authorization.
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(b) Eligibility for Grants.--Such assistance shall be
provided in the form of grants to treatment centers and
programs in foreign countries that are carrying out projects or
activities specifically designed to treat victims of torture
for the physical and psychological effects of the torture.
(c) Use of Funds.--Such assistance shall be available--
(1) for direct services to victims of torture; and
(2) to provide research and training to health care
providers outside of treatment centers or programs
described in subsection (b), for the purpose of
enabling such providers to provide the services
described in paragraph (1).
SEC. 131.\165\ MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE. * * *
[REPEALED--2004]
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\165\ Formerly at 22 U.S.C. 2152a. Repealed by sec. 8(a) of the
Microenterprise Results and Accountability Act of 2004 (Public Law 108-
484; 118 Stat. 3922). Originally added by sec. 105 of the
Microenterprise for Self-Reliance Act of 2000 (title I of Public Law
106-309; 114 Stat. 1082).
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SEC. 132.\166\ UNITED STATES MICROFINANCE LOAN FACILITY. * * *
[TRANSFERRED AND REDESIGNATED AS SEC. 257--2004]
SEC. 133.\167\ PROGRAMS TO ENCOURAGE GOOD GOVERNANCE.
(a) Establishment of Programs.--
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\166\ Formerly at 22 U.S.C. 2152b; redesignated as 22 U.S.C. 2213.
Transferred to title VI of chapter 2 of part I of this Act as sec. 257
by sec. 5 of the Microenterprise Results and Accountability Act of 2004
(Public Law 108-484; 118 Stat. 3922). Originally added by sec. 107(a)
of the Microenterprise for Self-Reliance Act of 2000 (title I of Public
Law 106-309; 114 Stat. 1086).
\167\ 22 U.S.C. 2152c. Added by sec. 205(a) of the International
Anti-Corruption and Good Governance Act of 2000 (title II of Public Law
106-309; 114 Stat. 1092).
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(1) In general.--The President is authorized to
establish programs that combat corruption, improve
transparency and accountability, and promote other
forms of good governance in countries described in
paragraph (2).
(2) Countries described.--A country described in this
paragraph is a country that is eligible to receive
assistance under this part (including chapter 4 of part
II of this Act) or the Support for East European
Democracy (SEED) Act of 1989.
(3) Priority.--In carrying out paragraph (1), the
President shall give priority to establishing programs
in countries that received a significant amount of
United States foreign assistance for the prior fiscal
year, or in which the United States has a significant
economic interest, and that continue to have the most
persistent problems with public and private corruption.
In determining which countries have the most persistent
problems with public and private corruption under the
preceding sentence, the President shall take into
account criteria such as the Transparency International
Annual Corruption Perceptions Index, standards and
codes set forth by the International Bank for
Reconstruction and Development and the International
Monetary Fund, and other relevant criteria.
(4) Relation to other laws.--
(A) In general.--Assistance provided for
countries under programs established pursuant
to paragraph (1) may be made available
notwithstanding any other provision of law that
restricts assistance to foreign countries.
Assistance provided under a program established
pursuant to paragraph (1) for a country that
would otherwise be restricted from receiving
such assistance but for the preceding sentence
may not be provided directly to the government
of the country.
(B) Exception.--Subparagraph (A) does not
apply with respect to--
(i) section 620A of this Act or any
comparable provision of law prohibiting
assistance to countries that support
international terrorism; or
(ii) section 907 of the Freedom for
Russia and Emerging Eurasian
Democracies and Open Markets Support
Act of 1992.
(b) Specific Projects and Activities.--The programs
established pursuant to subsection (a) shall include, to the
extent appropriate, projects and activities that--
(1) support responsible independent media to promote
oversight of public and private institutions;
(2) implement financial disclosure among public
officials, political parties, and candidates for public
office, open budgeting processes, and transparent
financial management systems;
(3) support the establishment of audit offices,
inspectors general offices, third party monitoring of
government procurement processes, and anti-corruption
agencies;
(4) promote responsive, transparent, and accountable
legislatures and local governments that ensure
legislative and local oversight and whistle-blower
protection;
(5) promote legal and judicial reforms that
criminalize corruption and law enforcement reforms and
development that encourage prosecutions of criminal
corruption;
(6) assist in the development of a legal framework
for commercial transactions that fosters business
practices that promote transparent, ethical, and
competitive behavior in the economic sector, such as
commercial codes that incorporate international
standards and protection of intellectual property
rights;
(7) promote free and fair national, state, and local
elections;
(8) foster public participation in the legislative
process and public access to government information;
and
(9) engage civil society in the fight against
corruption.
(c) Conduct of Projects and Activities.--Projects and
activities under the programs established pursuant to
subsection (a) may include, among other things, training and
technical assistance (including drafting of anti-corruption,
privatization, and competitive statutory and administrative
codes), drafting of anti-corruption, privatization, and
competitive statutory and administrative codes, support for
independent media and publications, financing of the program
and operating costs of nongovernmental organizations that carry
out such projects or activities, and assistance for travel of
individuals to the United States and other countries for such
projects and activities.
(d) \168\ Biennial Reports.--
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\168\ Sec. 672(a)(1) of the Freedom Investment Act of 2002
(subtitle E of title VI of the Foreign Relations Authorization Act,
Fiscal Year 2002; Public Law 107-228; 116 Stat. 1408) struck out
``Annual Report'' and inserted in lieu thereof ``Biennial Reports.''.
Subsec. (b) of that section further provided the following:
``(b) Transition.--The first biennial report under section 133(d)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2152c(d)), as amended
by subsection (a), is required to be submitted not later than two years
after the date of submission of the last annual report required under
such section 133 (as in effect before the date of enactment of this
Act).''.
Previously, sec. 205(b) of the International Anti-Corruption and
Good Governance Act of 2000 (title II of Public Law 106-309; 114 Stat.
1092) required the following:
``(b) Deadline for Initial Report.--The initial annual report
required by section 133(d)(1) of the Foreign Assistance Act of 1961, as
added by subsection (a), shall be transmitted not later than 180 days
after the date of the enactment of this Act.''.
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(1) In general.--The Secretary of State, in
consultation with the Secretary of Commerce and the
Administrator of the United States Agency for
International Development, shall prepare and transmit
to the Committee on International Relations and the
Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations
and the Committee on Appropriations of the Senate a
biennial report \169\ on--
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\169\ Sec. 672(a)(2)(A) of the Freedom Investment Act of 2002
(subtitle E of title VI of the Foreign Relations Authorization Act,
Fiscal Year 2002; Public Law 107-228; 116 Stat. 1408) struck out ``an
annual report'' and inserted in lieu thereof ``a biennial report''.
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(A) projects and activities carried out under
programs established under subsection (a) for
the preceding two-year period \170\ in priority
countries identified pursuant to subsection
(a)(3); and
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\170\ Sec. 672(a)(2)(B) of the Freedom Investment Act of 2002
(subtitle E of title VI of the Foreign Relations Authorization Act,
Fiscal Year 2002; Public Law 107-228; 116 Stat. 1408) struck out
``prior year'' and inserted in lieu thereof ``preceding two-year
period''.
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(B) projects and activities carried out under
programs to combat corruption, improve
transparency and accountability, and promote
other forms of good governance established
under other provisions of law for the preceding
two-year period \171\ in such countries.
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\171\ Sec. 672(a)(2)(C) of the Freedom Investment Act of 2002
(subtitle E of title VI of the Foreign Relations Authorization Act,
Fiscal Year 2002; Public Law 107-228; 116 Stat. 1408) struck out
``prior year'' and inserted in lieu thereof ``preceding two-year
period''.
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(2) Required contents.--The report required by
paragraph (1) shall contain the following information
with respect to each country described in paragraph
(1):
(A) A description of all United States
Government-funded programs and initiatives to
combat corruption and improve transparency and
accountability in the country.
(B) A description of United States diplomatic
efforts to combat corruption and improve
transparency and accountability in the country.
(C) An analysis of major actions taken by the
government of the country to combat corruption
and improve transparency and accountability in
the country.
(e) Funding.--Amounts made available to carry out the other
provisions of this part (including chapter 4 of part II of this
Act) and the Support for East European Democracy (SEED) Act of
1989 shall be made available to carry out this section.
SEC. 134.\172\ ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM
STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
(a) Authorization.--The President is authorized to provide
assistance to foreign countries directly, or through
nongovernmental and multilateral organizations, for programs,
projects, and activities designed to meet the minimum standards
for the elimination of trafficking (as defined in section 103
of the Trafficking Victims Protection Act of 2000), including--
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\172\ 22 U.S.C. 2152d. Added by sec. 109 of the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-386; 114 Stat.
1481). Sec. 107(a) of that Act (22 U.S.C. 7105(a)), as amended,
provides the following:
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``sec. 107. protection and assistance for victims of trafficking.
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``(a) Assistance for Victims in Other Countries.--
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``(1) In general.--The Secretary of State and the Administrator of the
United States Agency for International Development, in consultation with
appropriate nongovernmental organizations, shall establish and carry out
programs and initiatives in foreign countries to assist in the safe
integration, reintegration, or resettlement, as appropriate, of victims of
trafficking. Such programs and initiatives shall be designed to meet the
appropriate assistance needs of such persons and their children, as
identified by the Task Force, and shall be carried out in a manner which
takes into account the cross-border, regional, and transnational aspects of
trafficking in persons. In addition, such programs and initiatives shall,
to the maximum extent practicable, include the following:
``(A) Support for local in-country nongovernmental organization-operated
hotlines, culturally and linguistically appropriate protective shelters,
and regional and international nongovernmental organization networks and
databases on trafficking, including support to assist nongovernmental
organizations in establishing service centers and systems that are mobile
and extend beyond large cities.
``(B) Support for nongovernmental organizations and advocates to provide
legal, social, and other services and assistance to trafficked individuals,
particularly those individuals in detention, and by facilitating contact
between relevant foreign government agencies and such nongovernmental
organizations to facilitate cooperation between the foreign governments and
such organizations.
``(C) Education and training for trafficked women and girls.
``(D) The safe integration or reintegration of trafficked individuals
into an appropriate community or family, with full respect for the wishes,
dignity, and safety of the trafficked individual.
``(E) Support for developing or increasing programs to assist families of
victims in locating, repatriating, and treating their trafficked family
members, in assisting the voluntary repatriation of these family members or
their integration or resettlement into appropriate communities, and in
providing them with treatment.
``(F) In cooperation and coordination with relevant organizations, such
as the United Nations High Commissioner for Refugees, the International
Organization for Migration, and private nongovernmental organizations that
contract with, or receive grants from, the United States Government to
assist refugees and internally displaced persons, support for--
``(i) increased protections for refugees and internally
displaced persons, including outreach and education efforts
to prevent such refugees and internally displaced persons
from being exploited by traffickers; and
``(ii) performance of best interest determinations for
unaccompanied and separated children who come to the
attention of the United Nations High Commissioner for
Refugees, its partner organizations, or any organization that
contracts with the Department of States in order to identify
child trafficking victims and to assist their safe
integration, reintegration, and resettlement.
``(2) Additional requirement.--In establishing and conducting programs
and initiatives described in paragraph (1), the Secretary of State and the
Administrator of the United States Agency for International Development
shall take all appropriate steps to enhance cooperative efforts among
foreign countries, including countries of origin of victims of trafficking,
to assist in the integration, reintegration, or resettlement, as
appropriate, of victims of trafficking, including stateless victims. In
carrying out this paragraph, the Secretary and the Administrator shall take
all appropriate steps to ensure that cooperative efforts among foreign
countries are undertaken on a regional basis''.
(1) the drafting of laws to prohibit and punish acts
of trafficking;
(2) the investigation and prosecution of traffickers;
(3) the creation and maintenance of facilities,
programs, projects, and activities for the protection
of victims; and
(4) the expansion of exchange programs and
international visitor programs for governmental and
nongovernmental personnel to combat trafficking.
(b) Funding.--Amounts made available to carry out the other
provisions of this part (including chapter 4 of part II of this
Act) and the Support for East European Democracy (SEED) Act of
1989 shall be made available to carry out this section.
Assistance may be provided under this section notwithstanding
section 660 of this Act.\173\
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\173\ Sec. 6(f) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2883) added
this sentence.
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SEC. 135.\174\ ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN.
(a) Findings.--Congress finds the following:
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\174\ 22 U.S.C. 2152f. Sec. 3 of the Assistance for Orphans and
Other Vulnerable Children in Developing Countries Act of 2005 (Public
Law 109-95; 119 Stat. 2113) added sec. 135.
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(1) There are more than 143,000,000 orphans living
sub-Saharan Africa, Asia, Latin America, and the
Caribbean. Of this number, approximately 16,200,000
children have lost both parents.
(2) The HIV/AIDS pandemic has created an
unprecedented orphan crisis, especially in sub-Saharan
Africa, where children have been hardest hit. The
pandemic is deepening poverty in entire communities,
and is jeopardizing the health, safety, and survival of
all children in affected countries. It is estimated
that 14,000,000 children have lost one or both parents
to AIDS.
(3) The orphans crisis in sub-Saharan Africa has
implications for human welfare, development, and
political stability that extend far beyond the region,
affecting governments and people worldwide.
(4) Extended families and local communities are
struggling to meet the basic needs of orphans and
vulnerable children by providing food, health care
including treatment of children living with HIV/AIDS,
education expenses, and clothing.
(5) Famines, natural disasters, chronic poverty,
ongoing conflicts, and civil wars in developing
countries are adversely affecting children in these
countries, the vast majority of whom currently do not
receive humanitarian assistance or other support from
the United States.
(6) The United States Government administers various
assistance programs for orphans and other vulnerable
children in developing countries. In order to improve
targeting and programming of resources, the United
States Agency for International Development should
develop methods to adequately track the overall number
of orphans and other vulnerable children receiving
assistance, the kinds of programs for such children by
sector and location, and any other such related data
and analysis.
(7) The United States Agency for International
Development should improve its capabilities to deliver
assistance to orphans and other vulnerable children in
developing countries through partnerships with private
volunteer organizations, including community and faith-
based organizations.
(8) The United States Agency for International
Development should be the primary United States
Government agency responsible for identifying and
assisting orphans and other vulnerable children in
developing countries.
(9) Providing assistance to such children is an
important expression of the humanitarian concern and
tradition of the people of the United States.
(b) Definitions.--In this section:
(1) Aids.--The term ``AIDS'' has the meaning given
the term in section 104A(g)(1) of this Act.
(2) Children.--The term ``children'' means persons
who have not attained 18 years of age.
(3) Hiv/aids.--The term ``HIV/AIDS'' has the meaning
given the term in section 104A(g)(3) of this Act.
(4) Orphan.--The term ``orphan'' means a child
deprived by death of one or both parents.
(5) Psychosocial support.--The term ``psychosocial
support'' includes care that addresses the ongoing
psychological and social problems that affect
individuals, their partners, families, and caregivers
in order to alleviate suffering, strengthen social ties
and integration, provide emotional support, and promote
coping strategies.
(c) Assistance.--The President is authorized to provide
assistance, including providing such assistance through
international or nongovernmental organizations, for programs in
developing countries to provide basic care and services for
orphans and other vulnerable children. Such programs should
provide assistance--
(1) to support families and communities to mobilize
their own resources through the establishment of
community-based organizations to provide basic care for
orphans and other vulnerable children;
(2) for school food programs, including the purchase
of local or regional foodstuffs where appropriate;
(3) to increase primary school enrollment through the
elimination of school fees, where appropriate, or other
barriers to education while ensuring that adequate
resources exist for teacher training and
infrastructure;
(4) to provide employment training and related
services for orphans and other vulnerable children who
are of legal working age;
(5) to protect and promote the inheritance rights of
orphans, other vulnerable children, and widows;
(6) to provide culturally appropriate psychosocial
support to orphans and other vulnerable children; and
(7) to treat orphans and other vulnerable children
with HIV/AIDS through the provision of pharmaceuticals,
the recruitment and training of individuals to provide
pediatric treatment, and the purchase of pediatric-
specific technologies.
(d) Monitoring and Evaluation.--
(1) Establishment.--To maximize the sustainable
development impact of assistance authorized under this
section, and pursuant to the strategy required in
section 4 of the Assistance for Orphans and Other
Vulnerable Children in Developing Countries Act of
2005, the President shall establish a monitoring and
evaluation system to measure the effectiveness of
United States assistance to orphans and other
vulnerable children.
(2) Requirements.--The monitoring and evaluation
system shall--
(A) establish performance goals for the
assistance and expresses such goals in an
objective and quantifiable form, to the extent
feasible;
(B) establish performance indicators to be
used in measuring or assessing the achievement
of the performance goals described in
subparagraph (A); and
(C) provide a basis for recommendations for
adjustments to the assistance to enhance the
impact of assistance.
(e) Special Advisor for Assistance to Orphans and
Vulnerable Children.--
(1) Appointment.--
(A) In general.--The Secretary of State, in
consultation with the Administrator of the
United States Agency for International
Development, shall appoint a Special Advisor
for Assistance to Orphans and Vulnerable
Children.
(B) Delegation.--At the discretion of the
Secretary of State, the authority to appoint a
Special Advisor under subparagraph (A) may be
delegated by the Secretary of State to the
Administrator of the United States Agency for
International Development.
(2) Duties.--The duties of the Special Advisor for
Assistance to Orphans and Vulnerable Children shall
include the following:
(A) Coordinate assistance to orphans and
other vulnerable children among the various
offices, bureaus, and field missions within the
United States Agency for International
Development.
(B) Advise the various offices, bureaus, and
field missions within the United States Agency
for International Development to ensure that
programs approved for assistance under this
section are consistent with best practices,
meet the requirements of this Act, and conform
to the strategy outlined in section 4 of the
Assistance for Orphans and Other Vulnerable
Children in Developing Countries Act of 2005.
(C) Advise the various offices, bureaus, and
field missions within the United States Agency
for International Development in developing any
component of their annual plan, as it relates
to assistance for orphans or other vulnerable
children in developing countries, to ensure
that each program, project, or activity
relating to such assistance is consistent with
best practices, meets the requirements of this
Act, and conforms to the strategy outlined in
section 4 of the Assistance for Orphans and
Other Vulnerable Children in Developing
Countries Act of 2005.
(D) Coordinate all United States assistance
to orphans and other vulnerable children among
United States departments and agencies,
including the provision of assistance relating
to HIV/AIDS authorized under the United States
Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (Public Law 108-25), and
the amendments made by such Act (including
section 102 of such Act, and the amendments
made by such section, relating to the
coordination of HIV/AIDS programs).
(E) Establish priorities that promote the
delivery of assistance to the most vulnerable
populations of orphans and children,
particularly in those countries with a high
rate of HIV infection among women.
(F) Disseminate a collection of best
practices to field missions of the United
States Agency for International Development to
guide the development and implementation of
programs to assist orphans and vulnerable
children.
(G) Administer the monitoring and evaluation
system established in subsection (d).
(H) Prepare the annual report required by
section 5 of the Assistance for Orphans and
Other Vulnerable Children in Developing
Countries Act of 2005.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to the President to carry out this section
such sums as may be necessary for each of the fiscal
years 2006 and 2007.
(2) Availability of funds.--Amounts made available
under paragraph (1) are authorized to remain available
until expended.
SEC. 135.\175\ ASSISTANCE TO PROVIDE SAFE WATER AND SANITATION.
(a) Purposes.--The purposes of assistance authorized by
this section are--
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\175\ 22 U.S.C. 2152h. Added by sec. 5(a) of the Senator Paul Simon
Water for the Poor Act of 2005 (Public Law 109-121; 119 Stat. 2536).
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(1) to promote good health, economic development,
poverty reduction, women's empowerment, conflict
prevention, and environmental sustainability by
providing assistance to expand access to safe water and
sanitation, promoting integrated water resource
management, and improving hygiene for people around the
world;
(2) to seek to reduce by one-half from the baseline
year 1990 the proportion of people who are unable to
reach or afford safe drinking water and the proportion
of people without access to basic sanitation by 2015;
(3) to focus water and sanitation assistance toward
the countries, locales, and people with the greatest
need;
(4) to promote affordability and equity in the
provision of access to safe water and sanitation for
the very poor, women, and other vulnerable populations;
(5) to improve water efficiency through water demand
management and reduction of unaccounted-for water;
(6) to promote long-term sustainability in the
affordable and equitable provision of access to safe
water and sanitation through the creation of innovative
financing mechanisms such as national revolving funds,
and by strengthening the capacity of recipient
governments and communities to formulate and implement
policies that expand access to safe water and
sanitation in a sustainable fashion, including
integrated planning;
(7) to secure the greatest amount of resources
possible, encourage private investment in water and
sanitation infrastructure and services, particularly in
lower middle-income countries, without creating
unsustainable debt for low-income countries or
unaffordable water and sanitation costs for the very
poor; and
(8) to promote the capacity of recipient governments
to provide affordable, equitable, and sustainable
access to safe water and sanitation.
(b) \176\ Authorization.--To carry out the purposes of
subsection (a), the President is authorized to furnish
assistance for programs in developing countries to provide
affordable and equitable access to safe water and sanitation.
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\176\ Title III of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 844), provides the following:
---------------------------------------------------------------------------
``development assistance
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``* * * Provided further, That of the funds appropriated by this
Act and prior Acts for fiscal year 2009, not less than $300,000,000
shall be made available for water and sanitation supply projects
pursuant to the Senator Paul Simon Water for the Poor Act of 2005
(Public Law 109-121), of which not less than $125,000,000 should be
made available for such projects in Africa''.
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(c) Activities Supported.--Assistance provided under
subsection (b) shall, to the maximum extent practicable, be
used to--
(1) expand affordable and equitable access to safe
water and sanitation for underserved populations;
(2) support the design, construction, maintenance,
upkeep, repair, and operation of water delivery and
sanitation systems;
(3) improve the safety and reliability of water
supplies, including environmental management; and
(4) improve the capacity of recipient governments and
local communities, including capacity-building programs
for improved water resource management.
(d) Local Currency.--The President may use payments made in
local currencies under an agreement made under title I of the
Food for Peace Act \177\ (7 U.S.C. 1701 et seq.) to provide
assistance under this section.
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\177\ Sec. 3001(b) of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural
Trade Development and Assistance Act of 1954'' and inserted in lieu
thereof ``Food for Peace Act''.
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Chapter 2--Other Programs \178\
Sec. 201.\179\ General Authority. * * * [Repealed--1978]
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\178\ Sec. 102(g)(1)(B) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) inserted the
chapter heading ``Other Programs'' in lieu of ``Development
Assistance''.
\179\ Sec. 102(g)(1)(A) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) repealed secs.
201, 202, 203, 204, 207, and 208. The text of sec. 204 was subsequently
reinserted as subsec. (e) of sec. 122 of this Act.
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Sec. 202.\179\ Authorization. * * * [Repealed--1978]
Sec. 203.\179\ Fiscal Provisions. * * * [Repealed--1978]
Sec. 204.\179\ Development Loan Committee. * * *
[Repealed--1978]
Sec. 205.\180\ Relating to Transfers to International
Financial Institutions. * * * [Repealed--1972]
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\180\ Sec. 101(d) of the FA Act of 1971 (Public Law 92-226; 86
Stat. 21) repealed sec. 205.
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Title I--Multilateral and Regional Development Programs \181\
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\181\ Sec. 102(g)(1)(C) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) added this new
title heading.
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Sec. 206.\182\ Regional Development in Africa.--The
President is requested to seek and to take appropriate action,
in cooperation and consultation with African and other
interested nations and with international development
organizations, to further and assist in the advancement of
African regional development institutions, including the
African Development Bank, with the view toward promoting
African economic development.
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\182\ 22 U.S.C. 2166. Sec. 102(b) of the FA Act of 1965 (Public Law
89-171) added sec. 206.
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Sec. 207.\179\ Purposes of Development Assistance. * * *
[Repealed--1978]
Sec. 208.\179\ Self-Help Criteria. * * * [Repealed--1978]
Sec. 209.\183\ Multilateral and Regional Programs.--(a) The
Congress recognizes that the planning and administration of
development assistance by, or under the sponsorship of the
United Nations, multilateral lending institutions, and other
multilateral organizations may contribute to the efficiency and
effectiveness of that assistance through participation of other
donors in the development effort, improved coordination of
policies and programs, pooling of knowledge, avoidance of
duplication of facilities and manpower, and greater
encouragement of self-help performance.
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\183\ 22 U.S.C. 2169. Sec. 102(e) of the FA Act of 1967 (Public Law
90-137) added sec. 209. Sec. 101(c)(1) of the FA Act of 1971 (Public
Law 92-226; 86 Stat. 21) amended subsec. (a), which formerly read as
follows:
``(a) Multilateral Programs.--The Congress recognizes that planning
and administration of development assistance by, or under the
sponsorship of, multilateral lending institutions and other
international organizations may, in some instances, contribute to the
efficiency and effectiveness of that assistance through participation
of other donors in the development effort, improved coordination of
policies and programs, pooling of knowledge, avoidance of duplication
of facilities and manpower, and greater encouragement of self-help
performance.''.
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(b) \184\ It is further the sense of the Congress (1) that
where problems or opportunities are common to two or more
countries in a region, in such fields as agriculture,
education, transportation, communications, power, watershed
development, disease control, and establishment of development
banks, these countries often can more effectively resolve such
problems and exploit such opportunities by joining together in
regional organizations or working together on regional
programs, (2) that assistance often can be utilized more
efficiently in regional programs than in separate country
programs, and (3) that to the maximum extent practicable
consistent with the purposes of this Act assistance under this
Act should be furnished so as to encourage less developed
countries to cooperate with each other in regional development
programs.
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\184\ Sec. 101(c)(3) of the FA Act of 1971 (Public Law 92-226; 86
Stat. 21) struck out ``Regional Programs.--''.
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(c) \185\ It is the sense of the Congress that the
President should increase, to the extent practicable, the funds
provided by the United States to multilateral lending
institutions and multilateral organizations in which the United
States participates for use by such institutions and
organizations in making loans to foreign countries.
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\185\ Subsec. (c), which was added by sec. 101(c)(2) of the FA Act
of 1971 (Public Law 92-226; 86 Stat. 21), was amended by sec. 311 of
Public Law 94-161 (89 Stat. 849). It formerly read as follows:
``Notwithstanding any other provision of law, the President should
reduce the amounts and numbers of loans made by the United States
directly to individual foreign countries with the objective of reducing
the total amount of bilateral loans made under this Act so that, by not
later than June 30, 1975, such total amount shall not exceed
$100,000,000.''.
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(d) \186\ * * * [Repealed--2000]
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\186\ Subsec. (d), added by sec. 101(c)(2) of the FA Act of 1971
(Public Law 92-226; 86 Stat. 21), was struck out by sec. 804 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000,
enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat.
1900A-67). It had read as follows:
``(d) In furtherance of the provisions of subsection (a) of this
section, any funds appropriated under this part I may be transferred by
the President to the International Development Association, the
International Bank for Reconstruction and Development, the
International Finance Corporation, the Asian Development Bank or other
multilateral lending institutions and multilateral organizations in
which the United States participates for the purpose of providing funds
to enable any such institution or organization to make loans to foreign
countries.''.
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Sec. 211.\187\ General Authority. * * * [Repealed--1978]
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\187\ Sec. 102(g)(1)(A) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) repealed secs.
211, 212, 215, 216, 217, 218, 220, and 220A.
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Sec. 212.\187\ Authorization. * * * [Repealed--1978]
Sec. 213.\188\ Atoms for Peace. * * * [Repealed--1962]
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\188\ Sec. 103(c) of the FA Act of 1962 (76 Stat. 256) repealed
sec. 213.
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Title II--American Schools and Hospitals Abroad; Prototype Desalting
Plant \189\
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\189\ Sec. 102(g)(1)(D) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) added this new
title heading.
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Sec. 214.\190\ American Schools and Hospitals Abroad.--(a)
The President is authorized to furnish \191\ assistance, on
such terms and conditions as he may specify, to schools and
libraries outside the United States founded or sponsored by
United States citizens and serving as study and demonstration
centers for ideas and practices of the United States.
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\190\ 22 U.S.C. 2174.
\191\ Sec. 103(b)(1) of the FA Act of 1963 (Public Law 88-205)
struck out ``use, in addition to other funds available for such
purposes, funds made available for the purposes of sec. 211 for'' and
inserted in lieu thereof ``furnish''.
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(b) The President is authorized,\192\ notwithstanding the
provisions of the Mutual Defense Assistance Control Act of 1951
(22 U.S.C. 1611 et seq.) \193\ to furnish \194\ assistance, on
such terms and conditions as he may specify, to institutions
referred to in subsection (a) of this section, and to hospital
centers for medical education and research outside the United
States, founded or sponsored by United States citizens.\195\
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\192\ Sec. 103(b)(2) of the FA Act of 1963 (Public Law 88-205)
struck out ``to use'' after ``authorized''.
\193\ Superseded by the Export Administration Act of 1979.
\194\ Sec. 103(b)(2) of the FA Act of 1963 (Public Law 88-205)
struck out ``foreign currencies accruing to the United States
Government under any Act, for purposes of subsection (2) of this
section, and for'' and inserted in lieu thereof ``to furnish''.
\195\ Sec. 103(c)(1) of the FA Act of 1966 (Public Law 89-583)
substituted the words to this point, beginning with ``to institutions
referred to'' in lieu of ``to hospitals outside the United States
founded or sponsored by United States citizens and serving as centers
for medical education and research''.
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(c) \196\ (1) To carry out the purposes of this section,
there are authorized to be appropriated to the President
$35,000,000 for fiscal year 1986 and $35,000,000 for fiscal
year 1987.
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\196\ Sec. 4(2) of the FA Act of 1973 (Public Law 93-189) amended
and restated subsec. (c).
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(2) Amounts appropriated under paragraph (1) are authorized
to remain available until expended.\197\
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\197\ Sec. 401 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) added
authorization figures for fiscal years 1986 and 1987. Authorizations
under sec. 214 for recent years included the following: fiscal year
1975--$19,000,000; fiscal year 1976--$25,000,000; fiscal year 1977--
$25,000,000; fiscal year 1978--$25,000,000; fiscal year 1979--
$25,000,000; fiscal year 1980--$25,000,000; fiscal year 1981--
$30,000,000; fiscal year 1982--$20,000,000; fiscal year 1983--
$20,000,000; fiscal year 1984--$30,000,000; fiscal year 1985--no
authorization; fiscal years 1988 through 2009--no authorization.
Congress did not enact an authorization for fiscal year 2009.
Instead, the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H of Public Law 111-8),
waives the requirements for authorization and title III of that Act
(123 Stat. 844) provides the following:
---------------------------------------------------------------------------
``development assistance
---------------------------------------------------------------------------
``* * *Provided further, That of the funds appropriated under this
heading, not less than $22,500,000 shall be made available for the
American Schools and Hospitals Abroad program:''.
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(d) \198\ Notwithstanding the provisions of subsection (b),
funds appropriated under this section may be used for
assistance to centers for pediatric plastic and reconstructive
surgery established by Children's Medical Relief International,
except that assistance may not be furnished for the domestic
operations of any such center located in the United States, its
territories or possessions.
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\198\ Sec. 114(2) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 950) repealed
subsecs. (d) and (e) (originally added by the FA Act of 1973), and
redesignated subsec. (f) (originally added by Public Law 95-88; 91
Stat. 539) as subsec. (d).
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Sec. 215.\199\ Loans to Small Farmers. * * * [Repealed--
1978]
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\199\ Sec. 102(g)(1)(A) of Public Law 95-424 (92 Stat. 942)
repealed secs. 215, 216, 217, 218, 220, and 220A.
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Sec. 216.\199\ Voluntary Agencies. * * * [Repealed--1978]
Sec. 217.\199\ Used Equipment. * * * [Repealed--1978]
Sec. 218.\199\ Fish and Other Protein Concentrates. * * *
[Repealed--1978]
Sec. 219.\200\ Prototype Desalting Plant.--(a) In
furtherance of purposes of this part and for the purpose of
improving existing, and developing and advancing new technology
and experience in the design, construction, and operation of
large-scale desalting plants of advanced concepts which will
contribute materially to low-cost desalination in all
countries, including the United States, the President, if he
determines it to be feasible, is authorized to participate in
the development of a large-scale water treatment and desalting
prototype plant and necessary appurtenances to be constructed
in Israel as an integral part of a dual-purpose power
generating and desalting project. Such participation shall
include financial, technical, and such other assistance as the
President deems appropriate to provide for the study, design,
construction, and, for a limited demonstration period of not to
exceed five years, operation and maintenance of the water
treatment and desalting facilities of the dual-purpose project.
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\200\ 22 U.S.C. 2179. Sec. 104 of the FA Act of 1969 (Public Law
91-175; 83 Stat. 806) added sec. 219.
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(b) Any agreement entered into under subsection (a) of this
section shall include such terms and conditions as the
President deems appropriate to insure, among other things, that
all information, products, uses, processes, patents, and other
developments obtained or utilized in the development of this
prototype plant will be available without further cost to the
United States for the use and benefit of the United States
throughout the world, and to insure that the United States, its
officers and employees have a permanent right to review data
and have access to such plant for the purpose of observing its
operations and improving science and technology in the field of
desalination.
(c) In carrying out the provisions of this section, the
President may enter into contracts with public or private
agencies and with any person without regard to sections 3648
and 3709 of the Revised Statutes of the United States (31
U.S.C. 529 and 41 U.S.C. 5).
(d) Nothing in this section shall be construed as intending
to deprive the owner of any background patent or any right
which such owner may have under that patent.
(e) In carrying out the provisions of this section, the
President may utilize the personnel, services, and facilities
of any Federal agency.
(f) The United States costs, other than its administrative
costs, for the study, design, construction, and operation of a
prototype plant under this section shall not exceed either 50
per centum of the total capital costs of the facilities
associated with the production of water, and 50 per centum of
the operation and maintenance costs for the demonstration
period, or $20,000,000, whichever is less. There are authorized
to be appropriated, subject to the limitations of this
subsection, such sums as may be necessary to carry out the
provisions of this section, including administrative costs
thereof. Such sums are authorized to remain available until
expended.
(g) No funds appropriated for the Office of Saline Water
pursuant to the appropriation authorized by the Act of July 11,
1969 (83 Stat. 45, Public Law 91-43), or prior authorization
Acts, shall be used to carry out the purposes of this section.
Sec. 220.\199\ Programs for Peaceful Communication. * * *
[Repealed--1978]
Sec. 220A.\199\ Suez Canal. * * * [Repealed--1978]
Title III--Housing and Other Credit Guaranty Programs \201\
Sec. 221.\202\ Housing Guaranties.--The Congress recognizes
that shelter, including essential urban development services,
is \203\ among the most fundamental of human needs. Shelter for
most people in the developing countries consists largely of
domestic materials assembled by local labor. While recognizing
that most financing for such shelter \204\ must come from
domestic resources, the Congress finds that carefully designed
programs involving United States capital and expertise can
increase the availability of domestic financing for improved
shelter \204\ and related services for low-income people by
demonstrating to local entrepreneurs and institutions that
providing low-cost shelter \204\ can be financially viable. The
Congress reaffirms, therefore, that the United States should
continue to assist developing countries in marshalling
resources for low-cost shelter.\204\ Particular attention
should be given to programs which will support pilot projects
for low-cost shelter or which will have a maximum demonstration
impact on local institutions and national policy. The Congress
declares that the long run goal of all such programs should be
to develop domestic construction capabilities and to stimulate
local credit institutions to make available domestic capital
and other management and technological resources required for
effective low-cost shelter programs and policies.
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\201\ Sec. 105 of the FA Act of 1969 (Public Law 91-175) added
title III. Sec. 8(a)(1) of the FA Act of 1974 (Public Law 93-559)
struck out ``Housing Guaranties'' and inserted in lieu thereof
``Housing and Other Credit Guaranty Programs''.
\202\ 22 U.S.C. 2181. Sec. 221, which was added by the FA Act of
1969, was amended and restated by sec. 115(a) of the International
Development and Food Assistance Act of 1978 (Public Law 95-424; 92
Stat. 950).
\203\ Sec. 541(a) of the Foreign Assistance Appropriations Act,
1985, as contained in the Continuing Appropriations Act, 1985 (Public
Law 98-473; 98 Stat. 1903) struck out ``requirements are'' and inserted
in lieu thereof ``including essential urban development services, is''.
\204\ Sec. 541(a) of the Foreign Assistance Appropriations Act,
1985, as contained in the Continuing Appropriations Act, 1985 (Public
Law 98-473; 98 Stat. 1903) struck out ``housing'' and inserted in lieu
thereof ``shelter''.
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Sec. 222.\205\ Authorization.--(a) To carry out the policy
of section 221, the President is authorized to issue guaranties
to eligible investors (as defined in section 238(c)) assuring
against losses incurred in connection with loans made for
projects meeting the criteria set forth in section 221. The
total principal amount of guaranties issued under this title or
heretofore issued under prior housing guaranty authorities,
which are outstanding at any one time, shall not exceed
$2,558,000,000.\206\ The authority of this section shall
continue through September 30, 1992.\207\ The President may
issue regulations from time to time with regard to the terms
and conditions upon which such guaranties shall be issued and
the eligibility of lenders.
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\205\ 22 U.S.C. 2182. Sec. 222, which was added by the FA Act of
1969 and had concerned housing projects in Latin American countries,
was amended and restated by sec. 115(a) of the International
Development and Food Assistance Act of 1978 (Public Law 95-424; 92
Stat. 950).
\206\ This figure was increased from $2,158,000,000 by title II,
chapter III, of the Dire Emergency Supplemental Appropriations for 1990
(Public Law 101-302; 104 Stat. 224). This figure was previously
increased from $1,958,000,000 by sec. 313(a) of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
Stat. 190); and from $1,718,000,000 by sec. 541(a) of the Foreign
Assistance Appropriations Act, 1985, as contained in the Continuing
Appropriations Act, 1985 (Public Law 98-473; 98 Stat. 1903).
Previously, the amount was raised from $1,555,000,000 to $1,718,000,000
by sec. 310(a) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1535) and from
$1,180,000,000 to $1,155,000,000 by sec. 112(a)(1) of Public Law 96-53
(93 Stat. 363).
Congress did not enact an authorization for fiscal year 2009.
Instead, the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H of Public Law 109-102),
waives the requirements for authorization and title III of that Act
(123 Stat. 845) provides the following:
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``development credit authority
``(including transfer of funds)
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``For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 256 and 635 of the Foreign Assistance Act of 1961, up to
$25,000,000 may be derived by transfer from funds appropriated by this
Act to carry out part I of such Act and under the heading `Assistance
for Europe, Eurasia and Central Asia': Provided, That funds provided
under this paragraph and funds provided as a gift pursuant to section
635(d) of the Foreign Assistance Act of 1961 shall be made available
only for micro and small enterprise programs, urban programs, and other
programs which further the purposes of part I of such Act: Provided
further, That such costs, including the cost of modifying such direct
and guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
funds made available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior Acts, and
funds used for such costs shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
the provisions of section 107A(d) (relating to general provisions
applicable to the Development Credit Authority) of the Foreign
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as
reported by the House Committee on International Relations on May 9,
1997, shall be applicable to direct loans and loan guarantees provided
under this heading: Provided further, That these funds are available to
subsidize total loan principal, any portion of which is to be
guaranteed, of up to $700,000,000.
``In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for International
Development, $8,000,000, which may be transferred to, and merged with,
funds made available under the heading `Operating Expenses' in title II
of this Act: Provided, That funds made available under this heading
shall remain available until September 30, 2011.''.
Sec. 306 of H.R. 1486, as reported by the Committee on
International Relations, May 9, 1997 (H.Rept. 105-94), sought to amend
the Foreign Assistance Act of 1961 by adding a new sec. 107A to
establish the President's authority to use development credit authority
where recipients would otherwise not have access to such credit and
that credit would be in keeping with U.S. development purposes. For
text, see note at sec. 256 (redesignated from sec. 108) of this Act.
See also in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 876), sec. 7033, relating to special debt relief for
the poorest.
\207\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2000 (H.R. 3422, as introduced on
November 17, 1999, enacted by reference in sec. 1000(a)(2) of Public
Law 106-113; 113 Stat. 1535), under the heading ``Urban and
Environmental Credit Program Account'', waived the second and third
sentences of this subsec. for fiscal year 2000, which in effect lifted
the ceiling on the outstanding principal amount of guaranties, and
continued the authority contained in the section.
Previously, the authority of this section was extended to September
30, 1992, from September 30, 1991, by title II of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1991 (Public Law 101-513; 104 Stat. 1989). Previously the authority was
extended from September 30, 1990, by title II of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101-167; 103 Stat. 1205); from September 30, 1989, by
title II of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1988 (sec. 101(e) of the Continuing
Appropriations for 1988, Public Law 100-202; 101 Stat. 1329); from
September 30, 1986, by sec. 313(b) of the International Security and
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190);
and from September 30, 1984, by sec. 541(a) of the Foreign Assistance
Appropriations Act, 1985 as contained in the Continuing Appropriations
Act, 1985 (Public Law 98-473; 98 Stat. 1903). This authority had been
extended previously from September 30, 1982, by sec. 310(a) of the
International Security and Development Cooperation Act of 1981 (Public
Law 97-113; 95 Stat. 1535); and from September 30, 1980, by sec.
112(a)(2) of Public Law 96-53 (93 Stat. 364).
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(b) Activities carried out under this section shall
emphasize--
(1) projects which provide improved home sites to
poor families on which to build shelter, and related
services;
(2) projects comprised of expandable core shelter
units on serviced sites;
(3) slum upgrading projects designed to conserve and
improve existing shelter;
(4) shelter projects for low income people designed
for demonstration or institution building purposes; and
(5) community facilities and services in support of
projects authorized under this section to improve the
shelter occupied by the poor.
(c) In issuing guaranties under this section with respect
to projects in a country which require the use or conservation
of energy, the President shall give consideration to the use of
solar energy technologies, where such technologies are
economically and technically feasible. Technologies which may
be used include solar hot water systems, solar heating and
cooling, passive solar heating, biomass conversion,
photovoltaic and wind applications, and community-scale solar
thermal applications.
(k) \208\ The total principal amount of guaranties issued
under this section for each of the fiscal years 1986 and 1987
shall be comparable to the total principal amount of such
guaranties issued for fiscal year 1984, subject to the dollar
limitations on the issuance of guaranties under this section
which are contained in subsection (a) and in appropriation
Acts.
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\208\ Sec. 313(c) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat 190) added subsec.
(k). This subsection should probably be designated ``(d)''.
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Sec. 222A.\209\ Agricultural and Productive Credit and
Self-Help Community Development Programs.--(a) It is the sense
of the Congress that in order to stimulate the participation of
the private sector in the economic development of less-
developed countries,\210\ the authority conferred by this
section should be used to establish pilot programs \210\ to
encourage private banks, credit institutions, similar private
lending organizations, cooperatives, and private nonprofit
development organizations to make loans on reasonable terms to
organized groups and individuals residing in a community for
the purpose of enabling such groups and individuals to carry
out agricultural credit and self-help community development
projects for which they are unable to obtain financial
assistance on reasonable terms. Agricultural credit and
assistance for self-help community development projects should
include, but not be limited to, material and such projects as
wells, pumps, farm machinery, improved seed, fertilizer,
pesticides, vocational training, food industry development,
nutrition projects, improved breeding stock for farm animals,
sanitation facilities, and looms and other handicraft aids.
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\209\ 22 U.S.C. 2182a. sec. 8(a)(2) of the FA Act of 1974 (Public
Law 93-559) added sec. 222A.
\210\ Sec. 541(a) of the Foreign Assistance Appropriations Act,
1985, as contained in the Continuing Appropriations Act, 1985 (Public
Law 98-473; 98 Stat. 1903), struck out ``in Latin America'' after
``economic development of less developed countries'' and struck out
``in not more than six Latin American countries'' after ``establish
pilot programs''.
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(b) To carry out the purposes of subsection (a), the agency
primarily responsible for administering part I is authorized to
issue guaranties, on such terms and conditions as it shall
determine, to private lending institutions, cooperatives, and
private nonprofit development organizations \211\ assuring
against loss of not to exceed 50 per centum of the portfolio of
such loans made by any lender to organized groups or
individuals residing in a community to enable such groups or
individuals to carry out agricultural credit and self-help
community development projects for which they are unable to
obtain financial assistance on reasonable terms. In no event
shall the liability of the United States exceed 75 per centum
of any one loan.
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\211\ Sec. 541(a) of the Foreign Assistance Appropriations Act,
1985, as contained in the Continuing Appropriations Act, 1985 (Public
Law 98-473; 98 Stat. 1903), struck out ``in not more than five Latin
American countries'' at this point.
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(c) The total face amount of guaranties issued under this
section outstanding at any one time shall not exceed
$20,000,000.\212\ Not more than 10 per centum of such sum shall
be provided for any one institution, cooperative, or
organization.
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\212\ Sec. 112(b)(2) of the International Development Cooperation
Act of 1979 (Public Law 96-53; 93 Stat. 364) struck out ``$15,000,000''
and inserted in lieu thereof ``$20,000,000''.
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(d) \213\ The Inter-American Foundation shall be consulted
in developing criteria for making loans eligible for guaranty
coverage in Latin America under this section.
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\213\ Sec. 586 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by
reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535),
authorized the President to abolish the Inter-American Foundation and
made conforming amendments to legislation related to the Inter-American
Foundation to reflect the abolishment. These amendments are to be
effective and executed only after the Director of the Office of
Management and Budget transmits to Congress a certification that
responsibilities delegated to the Director, primarily that of
administering and winding-up any outstanding obligations of the Inter-
American Foundation, have been fully discharged.
That certification and subsequent administration have not yet been
executed. Upon execution of these requirements, sec. 586(h)(3) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec.
1000(a)(2) of Public Law 106-113; 113 Stat. 1535), will strike out
subsec. (d).
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(e) Not to exceed $3,000,000 of the guaranty reserve
established under section 223(b) shall be available to make
such payments as may be necessary to discharge liabilities
under guaranties issued under this section or any guaranties
previously issued under section 240 of this Act.
(f) Funds held by the Overseas Private Investment
Corporation pursuant to section 236 may be available for
meeting necessary administrative and operating expenses for
carrying out the provisions of this section through June 30,
1976.
(g) The Overseas Private Investment Corporation shall, upon
enactment of this subsection, transfer to the agency primarily
responsible for administering part I all obligations, assets,
and related rights and responsibilities arising out of, or
related to the predecessor program provided for in section 240
of this Act.
(h) The authority of this section shall continue through
September 30, 1988.\214\
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\214\ This authority was extended from September 30, 1986, to
September 30, 1988, by sec. 313 (d) of the International Security and
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190).
This authority was previously extended from September 30, 1983 to
September 30, 1986, by sec. 541(a) of the Foreign Assistance
Appropriations Act, 1985 (Public Law 98-473). Such authority had
previously been extended from December 31, 1977 to September 30, 1978,
by Public Law 95-88 (91 Stat. 540), from September 30, 1978 to
September 30, 1979, by Public Law 95-424 (92 Stat. 951), from September
30, 1979 to September 30, 1982, by Public Law 96-53 (93 Stat. 364), and
from September 30, 1982 to September 30, 1983, by Public Law 97-438 (96
Stat. 2286).
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(i) Notwithstanding the limitations in subsection (c) of
this section, foreign currencies owned by the United States and
determined by the Secretary of the Treasury to be excess to the
needs of the United States may be utilized to carry out the
purposes of this section, including the discharge of
liabilities under this subsection. The authority conferred by
this subsection shall be in addition to authority conferred by
any other provision of law to implement guaranty programs
utilizing excess local currency.\215\
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\215\ Sec. 502(d)(1) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959) repealed
subsec. (j), which concerned a one-time reporting requirement.
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Sec. 223.\216\ General Provisions.--(a) A fee shall be
charged for each guaranty issued under section 222 or 222A
\217\ in an amount to be determined by the President. In the
event the fee to be charged for such type guaranty is reduced,
fees to be paid under existing contracts for the same type of
guaranty may be similarly reduced.
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\216\ 22 U.S.C. 2183. Sec. 105 of the FA Act of 1969 (Public Law
91-175) added sec. 223.
\217\ Sec. 8(a)(3) of the FA Act of 1974 inserted ``section 221,
222, or 222A'' in lieu of ``section 221 or section 222''. Subsequently,
sec. 115 of the International Development and Food Assistance Act of
1978 (Public Law 95-424; 92 Stat. 951) struck out the reference to sec.
221.
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(b) The amount of $50,000,000 of fees accumulated under
prior investment guaranty provisions repealed by the Foreign
Assistance Act of 1969, together with all fees collected in
connection with guaranties issued under section 222 \218\ or
under prior housing guaranty authorities,\219\ shall be
available for meeting necessary administrative and operating
expenses of carrying out the provisions of section 222 and
administering housing guaranties heretofore authorized under
this title and under \220\ prior housing guaranty provisions
repealed by the Foreign Assistance Act of 1969 (including, but
not limited to expenses pertaining to personnel, supplies, and
printing), subject to such limitations as may be imposed in
annual appropriation Acts; for meeting management and custodial
costs incurred with respect to currencies or other assets
acquired under guaranties made pursuant to section 222 \218\ or
heretofore pursuant to this title or \221\ prior Latin American
and other housing guaranty authorities repealed by the Foreign
Assistance Act of 1969; and to pay the cost of investigating
and adjusting (including cost of arbitration) claims under such
guaranties; and shall be available for expenditure in discharge
of liabilities under such guaranties until such time as all
such property has been disposed of and all such liabilities
have been discharged or have expired, or until all such fees
have been expended in accordance with the provisions of this
subsection. Fees collected in connection with guaranties issued
under section 222A shall likewise be available to meet similar
expenses, costs, or liabilities incurred in connection with the
programs authorized by that section.\222\ All of the foregoing
fees referred to in this section together with earnings thereon
and other income arising from guaranty operations under this
title shall be held in a revolving fund account maintained in
the Treasury of the United States. All funds in such account
may be invested in obligations of the United States. Any
interest or other receipts derived from such investments shall
be credited to such account and may be used for the purposes
cited in this section.\223\
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\218\ Sec. 8(a)(3) of the Foreign Assistance Act of 1974 (Public
Law 93-559) struck out ``this title'' and inserted in lieu thereof
``section 221 or section 222''. Sec. 115(d) of International
Development and Food Assistance Act (Public Law 95-424; 92 Stat. 945)
struck out reference to sec. 221.
\219\ Sec. 117(b)(2)(A) of the International Development and Food
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 540) struck out
``hereunder'' and inserted in lieu thereof ``under section 221 or 222
or under prior housing guaranty authorities''.
\220\ Sec. 115(d)(2) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951) struck out
``221 and section 222 of'' and inserted in lieu thereof ``222 and
administering housing guaranties heretofore authorized under this title
and under''.
\221\ Sec. 115(d)(4) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951) inserted
``this title or''.
\222\ Sec. 117(b)(2) of the International Development and Food
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 540) added this
sentence.
\223\ Sec. 310(b) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1535) added the
final three sentences of subsec. (b).
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(c) Any payments made to discharge liabilities under
guaranties issued under this title or \224\ section 222 or
heretofore under prior Latin American or other housing guaranty
authorities repealed by the Foreign Assistance Act of 1969,
shall be paid first out of fees referred to in subsection (b)
(excluding amounts required for purposes other than the
discharge of liabilities under guaranties) as long as such fees
are available, and thereafter shall be paid out of funds, if
any, realized from the sale of currencies or other assets
acquired in connection with any payment made to discharge
liabilities under such guaranties as long as funds are
available, and finally out of funds hereafter made available
pursuant to subsection (e).
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\224\ Sec. 115(e) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951) struck out
``section 221 or'' and inserted in lieu thereof ``under this title
or''.
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(d) All guaranties issued under section 222 or 222A or
previously under section 240 of this Act \225\ or heretofore
under this title or \226\ under prior Latin American or other
housing guaranty authority repealed by the Foreign Assistance
Act of 1969 shall constitute obligations, in accordance with
the terms of such guaranties of the United States of America
and the full faith and credit of the United States of America
is hereby pledged for the full payment and performance of such
obligations.
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\225\ Sec. 8(a)(5) of the FA Act of 1974 (Public Law 93-559) struck
out ``section 221 or section 222'' and inserted in lieu thereof
``section 221, 222, 222A, or previously under section 240 of this
Act''. Subsequently, sec. 115(f) of Public Law 95-424 struck out the
reference to sec. 221.
\226\ Sec. 115(f)(2) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951) inserted
``under this title or''.
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(e)(1) \227\ There is hereby authorized to be appropriated
to the President such amounts, to remain available until
expended, as may be necessary from time to time to carry out
the purposes of this title.
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\227\ Sec. 541(a) of the Foreign Assistance Appropriations Act,
1985, as contained in the Continuing Appropriations Act, 1985 (Public
Law 98-473; 98 Stat. 1903), added para. designation ``(1)'' and new
para. (2).
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(2) \227\ (A) In order to meet obligations incurred for the
payment of claims pursuant to loan guaranties described in
subsection (d), the Administrator of the agency primarily
responsible for administering part I may, to the extent that
reserves are not sufficient, borrow from time to time from the
Treasury except that--
(i) the Administrator may exercise the authority to
borrow under this paragraph only to such extent or in
such amounts as are provided in advance in
appropriation Acts; and
(ii) the amount borrowed under this paragraph which
is outstanding at any one time may not exceed
$100,000,000.\228\
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\228\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1988 (sec. 101(e) of the
Continuing Appropriations for 1988, Public Law 100-202; 101 Stat.
1329), struck out ``$40,000,000'' and inserted in lieu thereof
``$100,000,000''.
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(B) Any such borrowing shall bear interest at a rate
determined by the Secretary of the Treasury, taking into
account the current average market yield on outstanding
marketable obligations of the United States of comparable
maturities. The Secretary of the Treasury shall make loans
under this paragraph and for such purpose may borrow on the
credit of the United States in accordance with subchapter I of
chapter 31 of title 31 of the United States Code.
(f) In the case of any loan investment guaranteed under
section \229\ 222, the agency primarily responsible for
administering part I shall prescribe the maximum rate of
interest allowable to the eligible investor, which maximum rate
shall not exceed by more than 1 per centum the then current
rate of interest applicable to housing mortgages insured by the
Department of Housing and Urban Development.\230\ The maximum
allowable rate of interest under this subsection shall be
prescribed by the agency as of the date the project covered by
the investment is officially authorized and, prior to the
execution of the contract, the agency may amend such rate at
its discretion, consistent with the provisions of subsection
(f).
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\229\ Sec. 115(g) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424) struck out ``221 or''.
\230\ Sec. 112(c) of the International Development Cooperation Act
of 1979 (Public Law 96-53; 93 Stat. 364) struck out language that
specified that the maximum rate of interest should not be less than
one-half of 1 per centum above the then current rate of interest
applicable to housing mortgages insured by HUD.
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(g) Housing guaranties committed, authorized, or
outstanding heretofore under this title or \231\ under prior
housing guaranty authorities repealed by the Foreign Assistance
Act of 1969 shall continue subject to provisions of law
originally applicable thereto and fees collected hereafter with
respect to such guaranties shall be available for the purposes
specified in subsection (b).
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\231\ Sec. 115(h) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951) added
``heretofore under this title or''.
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(h) No payment may be made under any guaranty issued
pursuant to this title for any loss arising out of fraud or
misrepresentation for which the party seeking payment is
responsible.
(i) \232\ * * * [Repealed--1978]
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\232\ Sec. 115(i) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 952) repealed
subsec. (i), which had authorized sections 221 and 222 to continue in
force until September 30, 1979.
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(j) \233\ Guaranties shall be issued under section 222
\218\ only for housing projects which are coordinated with and
complementary to any development assistance being furnished
under chapter 1 of this part and which \234\ are specifically
designed to demonstrate the feasibility and suitability of
particular kinds of housing or of financial or other
institutional arrangements. Of the aggregate face value of
housing guaranties hereafter issued under this title, not less
than 90 per centum shall be issued for housing suitable for
families with income below the median income (below the median
urban income for housing in urban areas) in the country in
which the housing is located.\235\
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\233\ Sec. 311(5)(B) of Public Law 94-161 (89 Stat. 849) added
subsection (j).
\234\ Sec. 112(d)(1) of the International Development Cooperation
Act of 1979 (Public Law 96-53; 93 Stat. 364) struck out ``(1) except
for regional projects are in countries which are receiving, or which in
the previous two fiscal years have received, development assistance
under chapter 1 of part I of this Act, (2) are coordinated with and
complementary to such assistance, and (3)'' and inserted in lieu
thereof ``are coordinated with and complementary to any development
assistance being furnished under chapter 1 of this part and which''.
\235\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1999 (division A, sec. 101(d) of
Public Law 105-277; 112 Stat. 2681) struck out the third and fourth
sentences of subsec. (j). The fourth sentence had previously been
amended and restated by sec. 112(d)(2) of the International Development
Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 364). The two
stricken sentences, as amended, had read as follows:
``The face value of guaranties issued with respect to housing in
any country shall not exceed $25,000,000 in any fiscal year, and the
average face value of guaranties issued in any fiscal year shall not
exceed $15,000,000. Of the total amount of housing guaranties
authorized to be issued under section 222 through September 30, 1982,
not less than a face amount of $25,000,000 shall be issued for projects
in Israel and not less than a face amount of $25,000,000 shall be
issued for projects in Egypt.''.
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Sec. 224.\236\ Trade Credit Insurance Program for Central
America.--(a) In order to enable the Export-Import Bank of the
United States (hereafter in this section referred to as the
``Bank'') to determine that there exists reasonable assurance
of repayment as required under section 2(b)(1)(B) of the
Export-Import Bank Act of 1945,\237\ the agency primarily
responsible for administering part I of this Act (hereafter in
this section referred to as the ``Agency'') is authorized to
provide guarantees to the Bank for liabilities to be incurred
by the Bank in connection with guarantees or insurance provided
under the Export-Import Bank Act of 1945 for financing for
transactions involving the export of goods and services for the
use of the private sector in Central American countries.
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\236\ 22 U.S.C. 2184. Sec. 541(a) of the Foreign Assistance
Appropriations Act, 1985, as contained in the Continuing Appropriations
Act, 1985 (Public Law 98-473; 98 Stat. 1903), added sec. 224. Reference
in the section title to Central America was added by the Support for
East European Democracy (SEED) Act of 1989 (Public Law 101-179; 103
Stat. 1313).
\237\ For text, see Legislation on Foreign Relations Through 2008,
vol. III.
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(b)(1) Guarantees provided by the Agency pursuant to the
authority of subsection (a) shall be for short-term guarantees
and insurance extended by the Bank which shall be repayable
within a period not to exceed one year from the date of arrival
at the port of importation of the goods and services covered by
such guarantees or insurance. Guarantees or insurance extended
by the Bank and guaranteed by the Agency pursuant to subsection
(a) shall be provided by the Bank in accordance with criteria
and procedures agreed to by the Agency and the Bank. Such
agreement shall also provide for the establishment of a reserve
fund by the Agency, with such funds made available to the
reserve as the Agency deems necessary to discharge liabilities
under guarantees provided by the Agency pursuant to subsection
(a).
(2) The administrator of such agency shall transmit a copy
of such agreement to the Speaker of the House of
Representatives and to the Committee on Foreign Relations and
the Committee on Banking, Housing, and Urban Affairs of the
Senate.
(c) The Agency shall not enter into any commitments to
guarantee under subsection (a) after September 30, 1991.\238\
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\238\ Title IV of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2001), struck out ``September 30, 1990'' and inserted in lieu
thereof ``September 30, 1991''.
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(d) Of the funds authorized to be appropriated for chapter
4 of part II of this Act, there are authorized to be made
available such sums as may be deemed necessary by the Agency to
discharge liabilities under guarantees entered into under
subsection (a).
(e) Commitments to guarantee under subsection (a) are
authorized only to the extent and in the amounts provided in
appropriations Acts, except that the aggregate amount of
outstanding commitments under subsection (a) may not exceed
$300,000,000 of contingent liability for loan principal during
fiscal year 1986 and may not exceed $400,000,000 of contingent
liability for loan principal during fiscal year 1987.\239\
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\239\ Sec. 314 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83) struck out ``not to exceed
$300,000,000 in the fiscal year 1985.'' and inserted in lieu thereof
the text to this point beginning with the word ``Acts,''.
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(f) To the extent that any of the funds made available
pursuant to subsection (d) are paid out for a claim arising out
of liabilities guaranteed under subsection (a), amounts
received after the date of such payment, with respect to such
claim, shall be credited to the reserve fund referred to in
subsection (b), shall be merged with the funds in such reserve,
and shall be available for the purpose of payments by the
Agency to the Bank for guarantees under subsection (a).
(g) Beginning on a date six months after the date of
enactment of this section, and at intervals of six months
thereafter, the administrator of the agency primarily
responsible for administering part I of this Act and the
President of the Export-Import Bank of the United States shall
prepare and transmit to the Speaker of the House of
Representatives and the Chairman of the Committee on Foreign
Relations of the Senate a report on the amount and extension of
credits during the preceding six-month period.
(h) The Export-Import Bank shall provide without
reimbursement such administrative and technical assistance to
the Agency as the Bank and the Agency deem appropriate to
assist the Agency in carrying out this section.
Sec. 225.\240\ Trade Credit Insurance Program for Poland.
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\240\ 22 U.S.C. 2185. Sec. 304 of the Support for East European
Democracy (SEED) Act of 1989 (Public Law 101-179; 103 Stat. 1312) added
sec. 225.
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(a) General Authority.--
(1) Assurance to export-import bank of repayment.--
The President is authorized to provide guarantees to
the Bank for liabilities described in paragraph (2) in
order to satisfy the requirement of section 2(b)(1)(B)
of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)(B)) that the Bank have reasonable assurance
of repayment.
(2) Liabilities which may be guaranteed.--The
liabilities that may be guaranteed under paragraph (1)
are liabilities incurred by the Bank in connection with
guarantees or insurance provided under the Export-
Import Bank Act of 1945 for financing for transactions
involving the export of goods and services for the use
of the private sector in Poland.
(b) Guarantees Available Only for Short-Term Guarantees and
Insurance.--Guarantees provided under subsection (a) shall be
for short-term guarantees and insurance extended by the Bank
which shall be repayable within a period not to exceed one year
from the date of arrival at the port of importation of the
goods and services covered by such guarantees or insurance.
(c) Agreement on Criteria and Procedures.--Guarantees or
insurance extended by the Bank and guaranteed pursuant to
subsection (a) shall be provided by the Bank in accordance with
criteria and procedures agreed to by the Administrator and the
Bank.
(d) Reserve Fund.--The agreement referred to in subsection
(c) shall also provide for the establishment of a reserve fund
by the administering agency, with such funds made available to
the reserve as the Administrator deems necessary to discharge
liabilities under guarantees provided under subsection (a).
(e) Discharge of Liabilities.--
(1) Funds which may be used.--Such amounts of the
funds made available to carry out chapter 4 of part II
of this Act (relating to the economic support fund) as
the President determines are necessary may be made
available to discharge liabilities under guarantees
entered into under subsection (a).
(2) Crediting of subsequent payments.--To the extent
that any of the funds made available pursuant to
paragraph (1) are paid out for a claim arising out of
liabilities guaranteed under subsection (a), amounts
received after the date of such payment, with respect
to such claim, shall be credited to the reserve fund
established pursuant to subsection (d), shall be merged
with the funds in such reserve, and shall be available
for the purpose of payments by the Administrator to the
Bank for guarantees under subsection (a).
(f) Appropriations Action Required.--Commitments to guarantee
under subsection (a) are authorized only to the extent and in
the amounts provided in advance in appropriations Acts.
(g) Limitation on Outstanding Commitments.--The aggregate
amount of outstanding commitments under subsection (a) may not
exceed $200,000,000 of contingent liability for loan principal
during any fiscal year.
(h) Biannual Reports to Congress.--Every 6 months, the
Administrator and the President of the Bank shall prepare and
transmit to the Speaker of the House of Representatives and the
Chairman of the Committee on Foreign Relations of the Senate a
report on the amount and extension of guarantees and insurance
provided by the Bank and guaranteed under this section during
the preceding 6-month period.
(i) Administrative and Technical Assistance.--The Bank shall
provide, without reimbursement, such administrative and
technical assistance to the administering agency as the Bank
and the Administrator determine appropriate to assist the
administering agency in carrying out this section.
(j) Fees and Premiums.--The Bank is authorized to charge fees
and premiums, in connection with guarantees or insurance
guaranteed by the administering agency under subsection (a),
that are commensurate (in the judgment of the Bank) with the
Bank's administrative costs and the risks covered by the
agency's guarantees. Any amounts received by the Bank in excess
of the estimated costs incurred by the Bank in administering
such guarantees or insurance--
(1) shall be credited to the reserve fund established
pursuant to subsection (d),
(2) shall be merged with the funds in such reserve,
and
(3) shall be available for the purpose of payments by
the administering agency to the Bank for guarantees
under subsection (a).
(k) Restrictions Not Applicable.--Prohibitions on the use of
foreign assistance funds for assistance for Poland shall not
apply with respect to the funds made available to carry out
this section.
(l) Expiration of Authority.--The President may not enter
into any commitments to guarantee under subsection (a) after
September 30, 1992.
(m) Definitions.--For purposes of this section--
(1) the term ``administering agency'' means the
Agency for International Development;
(2) the term ``Administrator'' means the
Administrator of the Agency for International
Development; and
(3) the term ``Bank'' means the Export-Import Bank of
the United States.
SEC. 226.\241\ LOAN GUARANTEES TO ISRAEL PROGRAM.
(a) In General.--Subject to the terms and conditions of
this section, during the period beginning October 1, 1992, and
ending September 30, 1997, the President is authorized to issue
guarantees against losses incurred in connection with loans to
Israel made as a result of Israel's extraordinary humanitarian
effort to resettle and absorb immigrants into Israel from the
republics of the former Soviet Union, Ethiopia and other
countries. In the event that less than the full amount
authorized to be issued under subsection (b) of this section is
issued in such period, the authority to issue the balance of
such guarantees shall be available in the fiscal year ending on
September 30, 1998.
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\241\ 22 U.S.C. 2186. Sec. 601 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1993 (Public Law
102-391; 106 Stat. 1699), added sec. 226.
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(b) \242\ Fiscal Year Levels.--The President is authorized
to issue guarantees in furtherance of the purposes of this
section. Subject to subsection (d), the total principal amount
of guarantees which may be issued by the President under this
section shall be up to $10,000,000,000 which may be issued as
follows:
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\242\ In past years, the President has determined, pursuant to sec.
226(d), that amounts authorized under this section for loan guarantees
be reduced. See Presidential Determination No. 93-44 of September 30,
1993 (58 F.R. 52209); Presidential Determination No. 94-57 of September
30, 1994 (59 F.R. 52057); Presidential Determination No. 95-46 of
September 29, 1995 (60 F.R. 53087).
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(1) in fiscal year 1993, up to $2,000,000,000 may be
issued on October 1, 1992 or thereafter;
(2) subject to subsection (d), in fiscal years 1994
through 1997, up to $2,000,000,000 in each fiscal year
may be issued on October 1 or thereafter.
(3) If less than the full amount of guarantees
authorized to be made available in a fiscal year
pursuant to paragraphs (1) and (2) of this subsection
is issued to Israel during that fiscal year, the
authority to issue the balance of such guarantees shall
extend to any subsequent fiscal year ending on or
before September 30, 1998.
(4)(A) Not later than September 1 of each year during
the period in which the President is authorized to
issue loan guarantees under subsection (a), beginning
in fiscal year 1993, the President shall notify the
appropriate congressional committees in writing of his
intentions regarding the exercise of that authority for
the fiscal year beginning on October 1 of that year,
including a statement of the total principal amount of
guarantees, if any, that the President proposes to
issue for that fiscal year.
(B) For purposes of this paragraph, the term
``appropriate congressional committees'' means the
Committee on Appropriations and the Committee on
Foreign Relations of the Senate and the Committee on
Appropriations and the Committee on Foreign Affairs
\243\ of the House of Representatives.
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\243\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(c) Use of Guarantees.--Guarantees may be issued under this
section only to support activities in the geographic areas
which were subject to the administration of the Government of
Israel before June 5, 1967.
(d) \242\ Limitation on Guarantee Amount.--The amount of
authorized but unissued guarantees that the President is
authorized to issue as specified in subsection (b) shall be
reduced by an amount equal to the amount extended or estimated
to have been extended by the Government of Israel during the
previous year for activities which the President determines are
inconsistent with the objectives of this section or
understandings reached between the United States Government and
the Government of Israel regarding the implementation of the
loan program. The President shall submit a report to Congress
no later than September 30 of each fiscal year during the
pendency of the program specifying the amount calculated under
this subsection and that will be deducted from the amount of
guarantees authorized to be issued in the next fiscal year.
(e) Fees.--
(1) Fees charged for the loan guarantee program under
this section each year shall be an aggregate annual
origination fee equal to the estimated subsidy cost of
the guarantees issued under this section for that year,
calculated by the Office of Management and Budget for
the Federal Credit Reform Act of 1990. This shall also
include an amount for the administrative expenses of
the Agency for International Development in
administering the program under this section. All such
fees shall be paid by the Government of Israel to the
Government of the United States. Funds made available
for Israel under chapter 4 of Part II of the Foreign
Assistance Act of 1961, as amended, may be utilized by
the Government of Israel to pay such fees to the United
States Government. No further appropriations of subsidy
cost are needed for the loan guarantee authorized
hereunder for fiscal year 1993 and the four succeeding
fiscal years.
(2) The origination fee shall be payable to the
United States Government on a pro rata basis as each
guarantee for each loan or increment is issued.
(f) Authority To Suspend.--Except as provided in
subsections (l) and (m) of this section, the President shall
determine the terms and conditions for issuing guarantees. If
the President determines that these terms and conditions have
been breached, the President may suspend or terminate the
provision of all or part of the additional loan guarantees not
yet issued under this section. Upon making such a determination
to suspend or terminate the provision of loan guarantees, the
President shall submit to the Speaker of the House of
Representatives and the President Pro Tempore of the Senate his
determination to do so, including the basis for such suspension
or termination.
(g) Procedures for Suspension or Termination.--Any
suspension or termination pursuant to subsection (f) shall be
in accordance with the following procedures:
(1) Upon making a determination to suspend or
terminate the provision of loan guarantees, the
President shall submit to the Speaker of the House of
Representatives and the President Pro Tempore of the
Senate his determination to do so, including the basis
for such suspension or termination.
(2) Such a suspension or termination shall cease to
be effective if Congress enacts, within 30 days of
submission, a joint resolution authorizing the
assistance notwithstanding the suspension.
(3) Any such joint resolution shall be considered in
the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
(4) For the purpose of expediting the consideration
and enactment of joint resolutions under this
subsection, a motion to proceed to the consideration of
any such joint resolution after it has been reported by
the appropriate committee shall be treated as highly
privileged in the House of Representatives.
(5) In the event that the President suspends the
provision of additional loan guarantees under
subsection (f) and Congress does not enact a joint
resolution pursuant to this subsection, the provision
of additional loan guarantees under the program
established by this section may be resumed only if the
President determines and so reports to Congress that
the reasons for the suspension have been resolved or
that the resumption is otherwise in the national
interest.
(h) Economic Context.--The effective absorption of immigrants
into Israel from the republics of the former Soviet Union and
Ethiopia within the private sector requires large investment
and economic restructuring to promote market efficiency and
thereby contribute to productive employment and sustainable
growth. Congress recognizes that the Government of Israel is
developing an economic strategy designed to achieve these
goals, and that the Government of Israel intends to adopt a
comprehensive, multi-year economic strategy based on prudent
macroeconomic policies and structural reforms. Congress also
recognizes that these policies are being designed to reduce
direct involvement of the government in the economic system and
to promote private enterprise, important prerequisites for
economic stability and sustainable growth.
(i) Consultations.--It is the sense of the Congress that, as
agreed between the two Governments and in order to further the
policies specified in subsection (h), Israel and the United
States should continue to engage in consultations concerning
economic and financial measures, including structural and other
reforms, that Israel should undertake during the pendency of
this program to enable its economy to absorb and resettle
immigrants and to accommodate the increased debt burden that
will result from loans guaranteed pursuant to this section. It
is the sense of the Congress that these consultations on
economic measures should address progress and plans in the
areas of budget policies, privatization, trade liberalization,
financial and capital markets, labor markets, competition
policy, and deregulation.
(j) Goods and Services.--During the pendency of the loan
program authorized under this section, it is anticipated that,
in the context of the economic reforms undertaken pursuant to
subsections (h) and (i) of this section, Israel's increased
population due to its absorption of immigrants, and the
liberalization by the Government of Israel of its trade policy
with the United States, the amount of United States investment
goods and services purchased for use in or with respect to the
country of Israel will substantially increase.
(k) Reports.--The President shall report to Congress by
December 31 of each fiscal year until December 31, 1999,
regarding the implementation of this section.
(l) Applicability of Foreign Assistance Act Authorities.--
Section 223 of the Foreign Assistance Act shall apply to
guarantees issued under subsection (a) in the same manner as
such section applies to guarantees issued under section 222,
except that subsections (a), (e)(1), (g), and (j) of section
223 shall not apply to such guarantees and except that, to the
extent section 223 is inconsistent with the Federal Credit
Reform Act of 1990, that Act shall apply. Loans shall be
guaranteed under this section without regard to sections 221,
222, and 238(c). Notwithstanding section 223(f), the interest
rate for loans guaranteed under this section may include a
reasonable fee to cover the costs and fees incurred by the
borrower in connection with this program or financing under
this section in the event the borrower elects not to finance
such costs or fees out of loan principal. Guarantees once
issued hereunder shall be unconditional and fully and freely
transferable.
(m) Terms and Conditions.--
(1) Each loan guarantee issued under this section
shall guarantee 100 percent of the principal and
interest payable on such loans.
(2) The standard terms of any loan or increment
guaranteed under this section shall be 30 years with
semiannual payments of interest only over the first 10
years, and with semiannual payments of principal and
interest on a level payment basis, over the last 20
years thereof, except that the guaranteed loan or any
increments issued in a single transaction may include
obligations having different maturities, interest
rates, and payment terms if the aggregate scheduled
debt service for all obligations issued in a single
transaction equals the debt service for a single loan
or increment of like amount having the standard terms
described in this sentence. The guarantor shall not
have the right to accelerate any guaranteed loan or
increment or to pay any amounts in respect of the
guarantees issued other than in accordance with the
original payment terms of the loan. For purposes of
determining the maximum principal amount of any loan or
increment to be guaranteed under this section, the
principal amount of each such loan or increment shall
be--
(A) in the case of any loan issued on a
discount basis, the original issue price
(excluding any transaction costs) thereof; or
(B) in the case of any loan issue on an
interest-bearing basis, the stated principal
amount thereof.
Title IV--Overseas Private Investment Corporation \244\
Sec. 231.\245\ Creation, Purpose and Policy.--To mobilize
and facilitate the participation of United States private
capital and skills in the economic and social development \246\
of less developed countries and areas, and countries in
transition from nonmarket to market economies,\247\ thereby
complementing the development assistance objectives of the
United States, there is hereby created the Overseas Private
Investment Corporation (hereinafter called the
``Corporation''), which shall be an agency of the United States
under the policy guidance of the Secretary of State.
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\244\ Sec. 105 of the FA Act of 1969 (Public Law 91-175) added a
new title IV. Prior to this, title IV had been titled ``Surveys of
Investment Opportunities.'' For Executive Order concerning OPIC, see
Legislation on Foreign Relations Through 2008, vol. I-B.
Title IV was amended extensively by title I of S. 2757 and title I
of H.R. 5263, both enacted by reference in the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1989 (Public
Law 100-461; 102 Stat. 2268), as follows:
``Sec. 555. * * * Provided further, That title I of H.R. 5263 as
passed by the House of Representatives on September 20, 1988, is hereby
enacted into law: Provided further, That purchases, investments or
other acquisitions of equity by the fund created by section 104 of H.R.
5263 as hereby enacted are limited to such amounts as may be provided
in advance in appropriations Acts: Provided further, That
notwithstanding any other provision of this Act, titles I and III of S.
2757 as reported by the Senate Committee on Foreign Relations on
September 7, 1988, are hereby enacted into law: Provided further, That
purchases, investments or other acquisitions of equity by the fund
created by section 104 of S. 2757 as hereby enacted are limited to such
amounts as may be provided in advance in appropriations Acts: * * *.''.
Except in two instances, title I, S. 2757 and title I, H.R. 5263
are identical. Sec. 106 in each title amended sec. 235(a)(2) of the FA
Act of 1961. Sec. 235(a)(2) was previously amended by Public Law 100-
418, sec. 2203(b)(1)(A); H.R. 5263 took this into account. Public Law
100-418, sec. 2203(b)(1)(B) redesignated sec. 235(a)(5) of the FA Act
of 1961 as sec. 235(a)(6). Sec. 107 in S. 2757 and H.R. 5263 amended
this section, but H.R. 5263 took into account the redesignation by
Public Law 100-418. Title III of S. 2757, which addresses the
implementation of certain USIA Exchange Visitor Programs, is in
Legislation on Foreign Relations Through 2008, vol. II-A.
\245\ 22 U.S.C. 2191. Sec. 105 of the FA Act of 1969 (Public Law
91-175) added sec. 231.
\246\ Sec. 2(1)(A) of the OPIC Amendments Act of 1974 (Public Law
93-390; 83 Stat. 809) struck out ``progress'' and inserted in lieu
thereof ``development''.
\247\ Sec. 101 of the Jobs Through Exports Act of 1992 (Public Law
102-549; 106 Stat. 3651) struck out ``friendly countries and areas,''
and inserted in lieu thereof ``countries and areas, and countries in
transition from nonmarket to market economies,''.
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The \248\ Corporation, in determining whether to provide
insurance, financing, or reinsurance for a project, shall
especially--
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\248\ Sec. 2(1) of Public Law 95-268 (92 Stat. 213) added this
paragraph.
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(1) be guided by the economic and social development
impact and benefits of such a project and the ways in
which such a project complements, or is compatible
with, other development assistance programs or projects
of the United States or other donors;
(2) give preferential consideration to investment
projects in less developed countries that have per
capita incomes of $984 or less in 1986 United States
dollars, and restrict its activities with respect to
investment projects in less developed countries that
have per capita incomes of $4,269 or more in 1986
United States dollars (other than countries designated
as beneficiary countries under section 212 of the
Caribbean Basin Economic Recovery Act (19 U.S.C. 2702),
Ireland, and Northern Ireland); and \249\
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\249\ The per capita income levels were increased from $896 and
$3,887 in 1983 U.S. dollars by sec. 102 of the OPIC Amendments Act of
1988, S. 2757, enacted into law by reference in the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1989 (Public
Law 100-461; 102 Stat. 2268). Sec. 102 also added ``(other than
countries designated as beneficiary countries under section 212 of the
Caribbean Basin Economic Recovery Act (19 U.S.C. 2702))''. Previously
the per capita income levels were increased from $680 and $2,950 in
1979 U.S. dollars to $896 and $3,887 in 1983 U.S. dollars by sec. 3 of
the OPIC Amendments Act of 1985 (Public Law 99-204; 99 Stat. 1669), and
from $520 and $1,000 in 1975 U.S. dollars to $680 and $2,950 in 1979
U.S. dollars, respectively, by sec. 2(1) of the OPIC Amendments Act of
1981 (Public Law 97-65; 95 Stat. 1021).
Sec. 105 of the Jobs Through Trade Expansion Act of 1994 (Public
Law 103-392; 108 Stat. 4099) inserted ``, Ireland, and Northern
Ireland'' in the parentheses.
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(3) \250\ ensures that the project is consistent with
the provisions of section 117 \250\ (as so redesignated
by the Special Foreign Assistance Act of 1986), section
118, and section 119 of this Act relating to the
environment and natural resources of, and tropical
forests and endangered species \250\ in, developing
countries, and consistent with the intent of
regulations issued pursuant to sections 118 and 119 of
this Act.
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\250\ Sec. 4(a)(1)(C) of the OPIC Amendments Act of 1985 (Public
Law 99-204; 99 Stat. 1669) added para. (3). The OPIC Amendments Act of
1988, S. 2757, enacted into law by reference in the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1989 (Public
Law 100-461; 102 Stat. 2268), made a correction to include section 117.
S. 2757 also struck out ``biological diversity'' and inserted in lieu
thereof ``tropical forests and endangered species''.
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In carrying out its purpose, the Corporation, utilizing
broad criteria, shall undertake--
(a) \251\ to conduct financing, insurance, and
reinsurance operations on a self-sustaining basis,
taking into account in its financing operations the
economic and financial soundness of projects;
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\251\ Sec. 2(1)(B) of the OPIC Amendments Act of 1974 (Public Law
93-390; 83 Stat. 809) amended and restated subsec. (a). It formerly
read as follows: ``(a) to conduct financial soundness of projects and
the availability of financing from other sources on appropriate
terms;''.
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(b) to utilize private credit and investment
institutions and the Corporation's guaranty authority
as the principal means of mobilizing capital investment
funds;
(c) to broaden private participation and revolve its
funds through selling its direct investments to private
investors whenever it can appropriately do so on
satisfactory terms;
(d) to conduct its insurance operations with due
regard to principles of risk management including \252\
efforts to share its insurance risks and reinsurance
\253\ risks;
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\252\ Sec. 2(1)(C) of the OPIC Amendments Act of 1974 (Public Law
93-390) struck out ``when appropriate,'' after ``including''.
\253\ Sec. 2(1)(C) of the OPIC Amendments Act of 1974 (Public Law
93-390) inserted ``and reinsurance''.
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(e) \254\ to the maximum degree possible consistent
with its purposes--
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\254\ Subsec. (e), as amended by Public Law 93-390, was amended and
restated by sec. 2(2) of Public Law 95-268 (92 Stat. 213). It formerly
read as follows:
``(e) to give preferential consideration in its investment
insurance, financing, and reinsurance activities (to the maximum extent
practicable consistent with the Corporation's purposes) to investment
projects involving businesses of not more than $2,500,000 net worth or
with not more than $7,500,000 in total assets;''.
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(1) to give preferential consideration in its
investment insurance, reinsurance, and guaranty
activities to investment projects sponsored by
or involving United States small business; and
(2) to increase the proportion of projects
sponsored by or significantly involving United
States small business to at least 30 percent of
all projects insured, reinsured, or guaranteed
by the Corporation;
(f) \255\ to consider in the conduct of its
operations the extent to which less developed country
governments are receptive to private enterprise,
domestic and foreign, and their willingness and ability
to maintain conditions which enable private enterprise
to make its full contribution to the development
process;
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\255\ Sec. 2(5) of Public Law 95-268 (92 Stat. 214) struck subsecs.
(f) and (l) and redesignated subsecs. (g) through (n) as (f) through
(l), respectively. Subsecs. (f) and (l) formerly read as follows:
``(f) to encourage and support only those private investments in
less developed friendly countries and areas which are sensitive and
responsive to the special needs and requirements of their economies,
and which contribute to the social and economic development of their
people;''
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and
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``(l) to the maximum extent practicable, to give preferential
consideration in the Corporation's investment insurance, financing, and
reinsurance activities to investment projects in the less developed
friendly countries which have per capita incomes of $450 or less in
1973 United States dollars; and''.
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(g) \255\ to foster private initiative and
competition and discourage monopolistic practices;
(h) \255\ to further to the greatest degree possible,
in a manner consistent with its goals, the balance-of-
payments and employment \256\ objectives of the United
States;
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\256\ Sec. 2(1)(E) of the OPIC Amendments Act of 1974 (Public Law
93-390) inserted ``and employment''.
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(i) \255\ to conduct its activities in consonance
with the activities of the agency primarily responsible
for administering part I and the international trade,
investment, and financial policies of the United States
Government, and to seek to support those developmental
projects having positive trade benefits for the United
States; \257\
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\257\ Sec. 2(2) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1021) inserted ``, and to seek to support those
developmental projects having positive trade benefits for the United
States''.
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(j) \255\ to advise and assist, within its field of
competence, interested agencies of the United States
and other organizations, both public and private,
national and international, with respect to projects
and programs relating to the development of private
enterprise in less developed countries and areas;
(k) \258\ (1) to decline to issue any contract of
insurance or reinsurance, or any guaranty, or to enter
into any agreement to provide financing for an eligible
investor's proposed investment if the Corporation
determines that such investment is likely to cause such
investor (or the sponsor of an investment project in
which such investor is involved) significantly to
reduce the number of his employees in the United States
because he is replacing his United States production
with production from such investment which involves
substantially the same product for substantially the
same market as his United States production; and (2) to
monitor conformance with the representations of the
investor on which the Corporation relied in making the
determination required by clause (1);
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\258\ This subsection was originally added as subsec. (m) by sec.
2(1)(H) of the OPIC Amendments Act of 1974 (Public Law 93-390). It was
redesignated as subsec. (k) by sec. 2(5) of Public Law 95-268; 92 Stat.
214.
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(l) \259\ to decline to issue any contract of
insurance or reinsurance, or any guaranty, or to enter
into any agreement to provide financing for an eligible
investor's proposed investment if the Corporation
determines that such investment is likely to cause a
significant reduction in the number of employees in the
United States;
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\259\ This subsection was added as subsec. (n) by sec. 2(4) of
Public Law 95-268 (92 Stat. 213), and redesignated as subsec. (l) by
sec. 2(5) of the same Act.
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(m) \260\ to refuse to insure, reinsure, or finance
any investment subject to performance requirements
which would reduce substantially the positive trade
benefits likely to accrue to the United States from the
investment; and
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\260\ Sec. 2(3)(C) of the OPIC Amendments Act of 1981 (Public Law
97-65; 95 Stat. 1021) added subsec. (m).
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(n) \261\ to refuse to insure, reinsure, guarantee,
or finance any investment in connection with a project
which the Corporation determines will pose an
unreasonable or major environmental, health, or safety
hazard, or will result in the significant degradation
of national parks or similar protected areas.
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\261\ Sec. 4(a)(4) of the OPIC Amendments Act of 1985 (Public Law
99-204; 99 Stat. 1669) added subsec. (n).
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Sec. 231A.\262\ Additional Requirements.--(a) Worker
Rights.--
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\262\ 22 U.S.C. 2191a. Sec. 5(a) of the OPIC Amendments Act of 1985
(Public Law 99-204; 99 Stat. 1670) added sec. 231A. Sec. 5(b) of the
Act provides that sec. 231A(a) ``shall not apply to projects insured,
reinsured, guaranteed, or financed before the date of the enactment of
this Act.''.
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(1) Limitation on OPIC Activities.--The Corporation
may insure, reinsure, guarantee, or finance a project
only if the country in which the project is to be
undertaken is taking steps to adopt and implement laws
that extend internationally recognized worker rights,
as defined in section 507(4) of the Trade Act of
1974,\263\ to workers in that country (including any
designated zone in that country). The Corporation shall
also include the following language, in substantially
the following form, in all contracts which the
Corporation enters into with eligible investors to
provide financial support under this title: \264\
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\263\ Sec. 1954(b)(3)(A) of Public Law 104-188 (110 Stat. 1928)
struck out ``502(a)(4) of the Trade Act of 1974 (19 U.S.C.
2462(a)(4))'' and inserted in lieu thereof ``507(4) of the Trade Act of
1974''.
\264\ Sec. 102(a) of the Jobs Through Exports Act of 1992 (Public
Law 102-549; 106 Stat. 3651) added the last sentence, including the
quoted language required in contracts.
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``The investor agrees not to take actions to
prevent employees of the foreign enterprise
from lawfully exercising their right of
association and their right to organize and
bargain collectively. The investor further
agrees to observe applicable laws relating to a
minimum age for employment of children,
acceptable conditions of work with respect to
minimum wages, hours of work, and occupational
health and safety, and not to use forced labor.
The investor is not responsible under this
paragraph for the actions of a foreign
government.''
(2) Use of Annual Reports on Workers Rights.--The
Corporation shall, in making its determinations under
paragraph (1), use the reports submitted to the
Congress pursuant to section 504 of the Trade Act of
1974.\265\ The restriction set forth in paragraph (1)
shall not apply until the first such report is
submitted to the Congress.
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\265\ Sec. 1954(b)(3)(B) of Public Law 104-188 (110 Stat. 1928)
struck out ``505(c) of the Trade Act of 1974 (19 U.S.C. 2465(c))'' and
inserted in lieu thereof ``504 of the Trade Act of 1974''.
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(3) Waiver.--Paragraph (1) shall not prohibit the
Corporation from providing any insurance, reinsurance,
guaranty, or financing with respect to a country if the
President determines that such activities by the
Corporation would be in the national economic interests
of the United States. Any such determination shall be
reported in writing to the Congress, together with the
reasons for the determination.\266\
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\266\ On June 21, 1990, the President determined ``that the waiver
of section 231A(a)(1) with respect to Nicaragua, permitting the
Overseas Private Investment Corporation to insure, reinsure, guaranty,
and finance projects in Nicaragua, is in the national economic
interests of the United States.'' (Presidential Determination 90-24; 55
F.R. 27631).
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(4) \267\ In making a determination under this
section for the People's Republic of China, the
Corporation shall discuss fully and completely the
justification for making such determination with
respect to each item set forth in subparagraphs (A)
through (E) of section 507(4) \268\ of the Trade Act of
1974.
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\267\ Sec. 2203(c) of Public Law 100-418 (102 Stat. 1328) para.
(4).
Sec. 902(a)(1) of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 83) continued a
suspension of OPIC's issuing new insurance, reinsurance, guarantees,
financing, or other financial support to the People's Republic of China
until the President reported to the Congress under subsec. (b) of that
sec. that China had made certain political reforms, or that such
assistance was in the national interest of the United States. For text
of sec. 902, see Legislation on Foreign Relations Through 2008, vol.
II-A.
\268\ Sec. 1954(b)(3)(C) of Public Law 104-188 (110 Stat. 1928)
struck out ``502(a)(4)'' and inserted in lieu thereof ``507(4)''.
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(b) \269\ Environmental Impact.--The Board of Directors of
the Corporation shall not vote in favor of any action proposed
to be taken by the Corporation that is likely to have
significant adverse environmental impacts that are sensitive,
diverse, or unprecedented, unless for at least 60 days before
the date of the vote--
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\269\ Sec. 3(a) of the Export Enhancement Act of 1999 (Public Law
106-158; 113 Stat. 1745) redesignated subsec. (b) as subsec. (c), and
added a new subsec. (b).
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(1) an environmental impact assessment or initial
environmental audit, analyzing the environmental
impacts of the proposed action and of alternatives to
the proposed action has been completed by the project
applicant and made available to the Board of Directors;
and
(2) such assessment or audit has been made available
tot he public of the United States, locally affected
groups in the host country, and host country
nongovernmental organizations.
(c) \269\ Public Hearings.--(1) \270\ The Board shall hold
at least one public hearing each year in order to afford an
opportunity for any person to present views as to whether the
Corporation is carrying out its activities in accordance with
section 231 and this section or whether any investment in a
particular country should have been or should be extended
insurance, reinsurance, guarantees, or financing under this
title.
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\270\ Sec. 3(a)(3) of the Export Enhancement Act of 1999 (Public
Law 106-158; 113 Stat. 1745) inserted ``(1)'' before ``The Board'' and
added a new para. (2).
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(2) \270\ In conjunction with each meeting of its Board of
Directors, the Corporation shall hold a public hearing in order
to afford an opportunity for any person to present views
regarding the activities of the Corporation. Such views shall
be made part of the record.
Sec. 232.\271\ Capital of the Corporation.--The President
is authorized to pay in as capital of the Corporation, out of
dollar receipts made available through the appropriation
process from loans made pursuant to this part and from loans
made under the Mutual Security Act of 1954, as amended, for the
fiscal year 1970 not to exceed $20,000,000 and for the fiscal
year 1971 not to exceed $20,000,000. Upon the payment of such
capital by the President, the Corporation shall issue an
equivalent amount of capital stock to the Secretary of the
Treasury.
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\271\ 22 U.S.C. 2192. Sec. 105 of the FA Act of 1969 (Public Law
91-175) added sec. 232.
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Sec. 233.\272\ Organization and Management.--(a) Structure
of the Corporation.--The Corporation shall have a Board of
Directors, a President, an Executive Vice President, and such
other officers and staff as the Board of Directors may
determine.
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\272\ 22 U.S.C. 2193. Sec. 105 of the FA Act of 1969 (Public Law
91-175) added sec. 233.
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(b) Board of Directors.--All powers of the Corporation
shall vest in and be exercised by or under the authority of its
Board of Directors (``the Board'') which shall consist of
fifteen Directors,\273\ including the Chairman, with eight
Directors \274\ constituting a quorum for the transaction of
business.\275\ Eight Directors \274\, \276\ shall be
appointed by the President of the United States, by and with
the advice and consent of the Senate, and shall not be
officials or employees of the Government of the United States.
At least two of the eight Directors \277\ appointed under the
preceding sentence shall be experienced in small business, one
in organized labor, and one in cooperatives. Each such Director
shall be appointed for a term of no more than three years. The
terms of no more than three such Directors \278\ shall expire
in any one year. Such Directors shall serve until their
successors are appointed and qualified and may be reappointed.
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\273\ Sec. 3(a)(1) of the OPIC Amendments Act of 1981 (Public Law
97-65; 95 Stat. 1021) increased the number of Directors 11 to 15.
\274\ Sec. 3(a) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1021) increased the number of Directors from six to eight.
\275\ Sec. 4(1) of the Export Enhancement Act of 1999 (Public Law
106-158; 113 Stat. 1746) struck out two sentences at this point that
designated the Administrator of AID as Chairman of the Board, ex
officio, and the U.S. Trade Representative or Deputy U.S. Trade
Representative as Vice Chairman of the Board, ex officio. The second
sentence, establishing the USTR role, had been added by sec. 3(a)(2) of
the OPIC Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1021).
\276\ Sec. 4(2) of the Export Enhancement Act of 1999 (Public Law
106-158; 113 Stat. 1746) struck out ``(other than the President of the
Corporation, appointed pursuant to subsection (c) who shall serve as a
Director ex officio)'' at this point.
\277\ Sec. 3(a) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1022) increased the number of Directors from one of the
six to two of the eight.
\278\ Sec. 3(a)(3) of the OPIC Amendments Act of 1981 (Public Law
97-65; 95 Stat. 1022) increased the number of Directors from two to
three.
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The other Directors shall be principal officers \279\ of
the Government of the United States whose duties relate to the
programs of the Corporation,\280\ including the President of
the Corporation, the Administrator of the Agency for
International Development, the United States Trade
Representative, and \281\ one such officer \282\ of the
Department of Labor,\283\ designated by and serving at the
pleasure of the President of the United States. The United
States Trade Representative may designate a Deputy United
States Trade Representative to serve on the Board in place of
the United States Trade Representative.\284\
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\279\ Sec. 3(e)(1) of the Overseas Private Investment Corporation
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) struck out
``officials'' and inserted in lieu thereof ``principal officers''.
\280\ Sec. 3(e)(2) of the Overseas Private Investment Corporation
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) inserted
``whose duties relate to the programs of the Corporation''.
\281\ Sec. 4(3)(A) of the Export Enhancement Act of 1999 (Public
Law 106-158; 113 Stat. 1746) inserted ``the President of the
Corporation, the Administrator of the Agency for International
Development, the United States Trade Representative, and'' after
``including''.
\282\ Sec. 3(e)(3) of the Overseas Private Investment Corporation
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) struck out
``an official'' and inserted in lieu thereof ``one such officer''.
\283\ Sec. 3(b) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1022) added the reference to an official of the Department
of Labor.
\284\ Sec. 4(3)(B) of the Export Enhancement Act of 1999 (Public
Law 106-158; 113 Stat. 1746) inserted ``The United States Trade
Representative may designate a Deputy United States Trade
Representative to serve on the Board in place of the United States
Trade Representative.''.
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There shall be a Chairman and a Vice Chairman of the Board,
both of whom shall be designated by the President of the United
States from among the Directors of the Board other than those
appointed under the second sentence of the first paragraph of
this subsection.\285\
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\285\ Sec. 4(4) of the Export Enhancement Act of 1999 (Public Law
106-158; 113 Stat. 1746) added this para.
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All Directors who are not officers of the Corporation or
officials of the Government of the United States shall be
compensated at a rate equivalent to that of level IV of the
Executive Schedule (5 U.S.C. 5315) \286\ when actually engaged
in the business of the Corporation and may be paid per diem in
lieu of subsistence at the applicable rate prescribed in the
standardized Government travel regulations, as amended, from
time to time, while away from their homes or usual places of
business.
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\286\ The rate of compensation at level IV of the Executive
Schedule in 2009 is $153,200 per annum (Executive Order 13483; 73 F.R.
78587; December 18, 2008).
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(c) President of the Corporation.--The President of the
Corporation shall be appointed by the President of the United
States, by and with the advice and consent of the Senate, and
shall serve at the pleasure of the President. In making such
appointment, the President shall take into account private
business experience of the appointee. The President of the
Corporation shall be its Chief Executive Officer and
responsible for the operations and management of the
Corporation, subject to bylaws and policies established by the
Board.
(d) Officers and Staff.--The Executive Vice President of
the Corporation shall be appointed by the President of the
United States, by and with the advice and consent of the
Senate, and shall serve at the pleasure of the President. Other
officers, attorneys, employees, and agents shall be selected
and appointed by the Corporation, and shall be vested with such
powers and duties as the Corporation may determine. Of such
persons employed by the Corporation, not to exceed twenty may
be appointed, compensated, or removed without regard to the
civil service laws and regulations: Provided, That under such
regulations as the President of the United States may
prescribe, officers and employees of the United States
Government who are appointed to any of the above positions may
be entitled, upon removal from such position, except for cause,
to reinstatement to the position occupied at the time of
appointment or to a position of comparable grade and salary.
Such positions shall be in addition to those otherwise
authorized by law, including those authorized by section 5108
of title 5 of the United States Code.
(e) \287\ Investment Advisory Council.--The Board shall
take prompt measures to increase the loan, guarantee, and
insurance programs, and financial commitments, of the
Corporation in sub-Saharan Africa, including through the use of
an investment advisory council to assist the Board in
developing and implementing policies, programs, and financial
instruments with respect to sub-Saharan Africa. In addition,
the investment advisory council shall make recommendations to
the Board on how the Corporation can facilitate greater support
by the United States for trade and investment with and in sub-
Saharan Africa. The investment advisory council shall terminate
4 years after the date of the enactment of this subsection.
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\287\ Sec. 123(c)(1) of the Trade and Development Act of 2000
(Public Law 106-200; 114 Stat. 269) added subsec. (e). Sec. 123 of that
Act, furthermore, provided the following:
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``sec. 123. overseas private investment corporation initiatives.
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``(a) Initiation of Funds.--It is the sense of the Congress that
the Overseas Private Investment Corporation should exercise the
authorities it has to initiate an equity fund or equity funds in
support of projects in the countries in sub-Saharan Africa, in addition
to the existing equity fund for sub-Saharan Africa created by the
Corporation.
``(b) Structure and Types of Funds.--
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``(1) Structure.--Each fund initiated under subsection (a) should be
structured as a partnership managed by professional private sector fund
managers and monitored on a continuing basis by the Corporation.
``(2) Capitalization.--Each fund should be capitalized with a combination
of private equity capital, which is not guaranteed by the Corporation, and
debt for which the Corporation provides guaranties.
``(3) Infrastructure fund.--One or more of the funds, with combined
assets of up to $500,000,000, should be used in support of infrastructure
projects in countries of sub-Saharan Africa.
``(4) Emphasis.--The Corporation shall ensure that the funds are used to
provide support in particular to women entrepreneurs and to innovative
investments that expand opportunities for women and maximize employment
opportunities for poor individuals.
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``(c) Overseas Private Investment Corporation.--
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``(1) Investment advisory council.--Section 233 of the Foreign Assistance
Act of 1961 is amended * * *
``(2) Reports to congress.--Within 6 months after the date of the
enactment of this Act, and annually for each of the 4 years thereafter, the
Board of Directors of the Overseas Private Investment Corporation shall
submit to Congress a report on the steps that the Board has taken to
implement section 233(e) of the Foreign Assistance Act of 1961 (as added by
paragraph (1)) and any recommendations of the investment advisory council
established pursuant to such section.''.
Sec. 234.\288\ Investment Insurance and Other
Programs.\289\--The Corporation is hereby authorized to do the
following:
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\288\ 22 U.S.C. 2194. Sec. 105 of the FA Act of 1969 (Public Law
91-175) added sec. 234. Sec. 7081(a) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2009
(division H of Public Law 111-8; 123 Stat. 910), provides the
following:
---------------------------------------------------------------------------
``opic
``(including transfer of funds)
---------------------------------------------------------------------------
``Sec. 7081. (a) Authority.--Notwithstanding section 235(a)(2) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the
authority of subsections (a) through (c) of section 234 of such Act
shall remain in effect through September 30, 2009.''.
\289\ Sec. 2(2)(A) of the OPIC Amendments Act of 1974 (Public Law
93-390) struck out ``Investment Incentive Programs'' and inserted in
lieu thereof ``Investment Insurance and Other Programs''.
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(a) \290\ Investment Insurance.--(1) To issue insurance,
upon such terms and conditions as the Corporation may
determine, to eligible investors assuring protection in whole
or in part against any or all of the following risks with
respect to projects which the Corporation has approved--
---------------------------------------------------------------------------
\290\ Sec. 5(b)(2) of the OPIC Amendments Act of 1981 (Public Law
97-65; 95 Stat. 1023) provided:
``(2) The authority of the Overseas Private Investment Corporation
to enter into contracts under section 234(a) of the Foreign Assistance
Act of 1961 shall be effective for any fiscal year beginning after
September 30, 1981, only to such extent or in such amounts as are
provided in appropriation Acts.''.
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(A) inability to convert into United States dollars
other currencies, or credits in such currencies,
received as earnings or profits from the approved
project, as repayment or return of the investment
therein, in whole or in part, or as compensation for
the sale or disposition of all or any part thereof;
(B) loss of investment, in whole or in part, in the
approved project due to expropriation or confiscation
by action of a foreign government or any political
subdivision thereof; \291\
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\291\ Sec. 4(a) of the Overseas Private Investment Corporation
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) inserted
``or any political subdivision thereof''.
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(C) loss due to war, revolution, insurrection or
civil strife; and \292\
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\292\ Sec. 4(a)(1) of the OPIC Amendments Act of 1981 (Public Law
97-65; 95 Stat. 1022) added the reference to civil strife.
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(D) \293\ loss due to business interruption caused by
any of the risks set forth in subparagraphs (A), (B),
and (C).
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\293\ Sec. 6(a)(1)(D) of the OPIC Amendments Act of 1985 (Public
Law 99-204; 99 Stat. 1671) added subpara. (D).
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(2) \294\ Recognizing that major private investments in
less developed friendly countries or areas are often made by
enterprises in which there is multinational participation,
including significant United States private participation, the
Corporation may make arrangements with foreign governments
(including agencies, instrumentalities, or political
subdivisions thereof) or with multilateral organizations and
institutions for sharing liabilities assumed under investment
insurance for such investments and may in connection therewith
issue insurance to investors not otherwise eligible hereunder,
except that liabilities assumed by the Corporation under the
authority of this subsection shall be consistent with the
purposes of this title and that the maximum share of
liabilities so assumed shall not exceed the proportionate
participation by eligible investors in the project.\295\
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\294\ Sec. 2(2)(B) of the OPIC Amendments Act of 1974 (Public Law
93-390) amended and restated subsec. (a)(2). It formerly read as
follows: ``(2) Recognizing that major private investments in less
developed friendly countries in areas are often made by enterprises in
which there is multinational participation, including significant
United States private participation, the Corporation may make such
arrangements with foreign governments (including agencies,
instrumentalities, or political subdivisions thereof) or with
multilateral organizations for sharing liabilities assumed under
investment insurance for such investments and may in connection
therewith issue insurance to investors not otherwise eligible
hereunder: Provided, however, That liabilities assumed by the
Corporation under the authority of this subsection shall be consistent
with the purposes of this title and that the maximum share of
liabilities so assumed shall not exceed the proportionate participation
by eligible investors in the total project financing.''.
\295\ Sec. 4(a)(2) of the OPIC Amendments Act of 1981 (Public Law
97-65; 95 Stat. 1022) struck out ``total'' and ``financing'', before
and after ``project''.
Sec. 3(1) of Public Law 95-268 (92 Stat. 214) struck out: ``and
that the maximum share of liabilities so assumed under paragraph (1)
(A) and (B) of paragraph (1)(C) shall not exceed the Corporation's
proportional share of such liabilities as specified in paragraph (4) or
(5) of this subsection.''.
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(3) Not more than 10 per centum of the maximum contingent
liability \296\ of investment insurance which the Corporation
is permitted to have outstanding under section 235(a)(1) \297\
shall be issued to a single investor.
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\296\ Sec. 3(2) of Public Law 95-268 (92 Stat. 214) struck out
``total face amount'' and inserted in lieu thereof ``maximum contingent
liability''.
\297\ Sec. 4(a)(3) of the OPIC Amendments Act of 1981 (Public Law
97-65; 95 Stat. 1022) struck out ``authorized to issue under this
subsection'' and inserted in lieu thereof ``permitted to have
outstanding under sec. 235(a)(1)''.
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(4) \298\ Before issuing insurance for the first time for
loss due to business interruption, and in each subsequent
instance in which a significant expansion is proposed in the
type of risk to be insured under the definition of ``civil
strife'' or ``business interruption'',\299\ the Corporation
shall, at least sixty days before such insurance is issued,
submit to the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs \300\ of the House of
Representatives a report with respect to such insurance,
including a thorough analysis of the risks to be covered,
anticipated losses, and proposed rates and reserves and, in the
case of insurance for loss due to business interruption, an
explanation of the underwriting basis upon which the insurance
is to be offered. Any such report with respect to insurance for
loss due to business interruption shall be considered in
accordance with the procedures applicable to reprogramming
notifications pursuant to section 634A of this Act.\301\
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\298\ Paras. (4) through (7), which had been added by the OPIC
Amendments Act of 1974 (Public Law 93-390) and had appeared at this
point, were struck by sec. 3(3) of Public Law 95-268 (92 Stat. 214).
This new para. (4) was added by sec. 4(a)(4) of the OPIC Amendments Act
of 1981 (Public Law 97-65; 95 Stat. 1022).
\299\ Sec. 6(a)(2)(A) and (B) of the OPIC Amendments Act of 1985
(Public Law 99-204; 99 Stat. 1671) struck out ``civil strife insurance
for the first time'' and inserted in lieu thereof ``insurance for the
first time loss due to business interruption'', and struck out
``definition of civil strife'' and inserted in lieu thereof
``definition of `civil strife' or `business interruption'''.
\300\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
\301\ Sec. 6(a)(2) (C) and (D) of the OPIC Amendments Act of 1985
(Public Law 99-204; 99 Stat. 1671) added the text from the word
``reserves'' to the end of para. (4).
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(b) Investment Guaranties.--To issue to eligible investors
guaranties of loans and other investments made by such
investors assuring against loss due to such risks and upon such
terms and conditions as the Corporation may determine:
Provided, however, That such guaranties on other than loan
investments shall not exceed 75 per centum of such investment:
Provided further, That except for loan investments for credit
unions made by eligible credit unions or credit union
associations, the aggregate amount of investment (exclusive of
interest and earnings) so guaranteed with respect to any
project shall not exceed, at the time of issuance of any such
guaranty, 75 per centum of the total investment committed to
any such project as determined by the Corporation, which
determination shall be conclusive for purposes of the
Corporation's authority to issue any such guaranty: Provided
further, That not more than 15 \302\ per centum of the maximum
contingent liability of investment guaranties which the
Corporation is permitted to have outstanding under section
235(a)(2) \303\ shall be issued to a single investor.
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\302\ Sec. 7 of the OPIC Amendments Act of 1985 (Public Law 99-204;
99 Stat. 1672) changed the per centum from 10 to 15.
\303\ Sec. 4(b) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1022) struck out ``authorized to issue under this
subsection'' and inserted in lieu thereof ``permitted to have
outstanding under section 235(a)(2)''.
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(c) Direct Investment.--To make loans in United States
dollars repayable in dollars or loans in foreign currencies
(including, without regard to section 1415 of the Supplemental
Appropriation Act, 1953, such foreign currencies which the
Secretary of the Treasury may determine to be excess to the
normal requirements of the United States and the Director of
the Bureau of the Budget may allocate) to firms privately owned
or of mixed private and public ownership upon such terms and
conditions as the Corporation may determine.\304\ Loans may be
made under this subsection only for projects that are sponsored
by or significantly involve United States small business or
cooperatives.\305\
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\304\ Sec. 104 of the OPIC Amendments Act of 1988, S. 2757, enacted
into law by reference in the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102
Stat. 2268), struck out the following which previously appeared at this
point: ``The Corporation may not purchase or invest in any stock in any
other corporation, except that it may (1) accept as evidence of
indebtedness debt securities convertible to stock, but such debt
securities shall not be converted to stock while held by the
Corporation, and (2) acquire stock through the enforcement of any lien
or pledge or otherwise to satisfy a previously contracted indebtedness
which would otherwise be in default, or as the result of any payment
under any contract of insurance or guaranty. The Corporation shall
dispose of any stock it may so acquire as soon as reasonably feasible
under the circumstances then pertaining.''.
\305\ Sec. 3(4) of Public Law 95-268 (92 Stat. 214) added this
sentence.
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The Corporation may designate up to 25 percent of any loan
under this subsection for use in the development or adaptation
in the United States of new technologies or new products or
services that are to be used in the project for which the loan
is made and are likely to contribute to the economic or social
development of less developed countries.\306\
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\306\ Sec. 103 of the OPIC Amendments Act of 1988, S. 2757, enacted
into law by reference in the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102
Stat. 2268) added this para.
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No loan may be made under this subsection to finance any
operation for the extraction of oil or gas. The aggregate
amount of loans under this subsection to finance operations for
the mining or other extraction of any deposit of ore or other
nonfuel minerals may not in any fiscal year exceed
$4,000,000.\307\
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\307\ Sec. 3(5) of Public Law 95-268 (92 Stat. 214) inserted this
paragraph in lieu of the following:
``No loans shall be made under this section to finance operations
for mining or other extraction of any deposit of ore, oil, gas, or
other mineral.''.
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(d) Investment Encouragement.--To initiate and support
through financial participation, incentive grant, or otherwise,
and on such terms and conditions as the Corporation may
determine, the identification, assessment, surveying and
promotion of private investment opportunities, utilizing
wherever feasible and effective the facilities of private
investors, except that--
(1) the Corporation shall not finance any survey to
ascertain the existence, location, extent, or quality
of, or to determine the feasibility of undertaking
operations for the extraction of, oil or gas; and
(2) expenditures financed by the Corporation during
any fiscal year on surveys to ascertain the existence,
location, extent, or quality of, or to determine the
feasibility of undertaking operations for the
extraction of nonfuel minerals may not exceed
$200,000.\308\
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\308\ Sec. 3(6) of Public Law 95-268 (92 Stat. 214) struck out a
proviso clause in subsec. (d) and added the words to this point
beginning with ``, except that--''.
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(e) Special Activities.--To administer and manage special
projects and programs, including programs of financial and
advisory support which provide private technical, professional,
or managerial assistance in the development of human resources,
skills, technology, capital savings and intermediate financial
and investment institutions and cooperatives and including the
initiation of incentives, grants, and studies for renewable
energy and other small business activities.\309\ The funds for
these projects and programs may, with the Corporation's
concurrence, be transferred to it for such purposes under the
authority of section 632(a) or from other sources, public or
private. Administrative funds may not be made available for
incentives, grants, and studies for renewable energy and other
small business activities.\310\
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\309\ Sec. 8(c) of the Renewable Energy and Energy Efficiency
Technology Competitiveness Act of 1989 (Public Law 101-218; 103 Stat.
1868) added text to the end of the sentence from ``and including''.
\310\ Sec. 8(c) of the Renewable Energy and Energy Efficiency
Technology Competitiveness Act of 1989 (Public Law 101-218; 103 Stat.
1868) added the last sentence.
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(f) \311\ Other Insurance Functions.--(1) To make and carry
out contracts of insurance or reinsurance, or agreements to
associate or share risks, with insurance companies, financial
institutions, any other persons, or groups thereof, and
employing the same where appropriate, as its agent, or acting
as their agent, in the issuance and servicing of insurance, the
adjustment of claims, the exercise of subrogation rights, the
ceding and accepting of reinsurance, and in any other matter
incident to an insurance business; except that such agreements
and contracts shall be consistent with the purposes of the
Corporation set forth in section 231 of this Act and shall be
on equitable terms.\312\
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\311\ Sec. 2(2)(D) of the OPIC Amendments Act of 1974 (Public Law
93-390) added subsec. (f).
\312\ Sec. 3(6) of Public Law 95-268 (92 Stat. 214) added ``;
except that such agreements and contracts shall be consistent with the
purposes of the Corporation set forth in section 231 of this Act and
shall be on equitable terms''. Subsequently, sec. 4(b)(2) of the OPIC
Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1022) struck out the
following text, as added by sec. 3(6) of Public Law 95-268: ``and (B)
the Corporation shall not make or carry out any association or risk-
sharing agreement for the direct underwriting of insurance by the
Corporation with others, other than on an individual basis where such
direct underwriting facilitates the purposes of the Corporation as set
forth in section 231 of this Act.''.
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(2) To enter into pooling or other risk-sharing agreements
with \313\ multinational insurance or financing agencies or
groups of such agencies.
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\313\ Sec. 8 of the OPIC Amendments Act of 1985 (Public Law 99-204;
99 Stat. 1672) struck out ``other national or'' after ``agreements
with''.
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(3) To hold an ownership interest in any association or
other entity established for the purposes of sharing risks
under investment insurance.
(4) To issue, upon such terms and conditions as it may
determine, reinsurance of liabilities assumed by other insurers
or groups thereof in respect of risks referred to in subsection
(a)(1).
The amount of reinsurance of liabilities under this title
which the Corporation may issue shall not \314\ in the
aggregate exceed at any one time an amount equal to the amount
authorized for the maximum contingent liability outstanding at
any one time under section 235(a)(1). All reinsurance issued by
the Corporation under this subsection shall require that the
reinsured party retain for his own account specified portions
of liability, whether first loss or otherwise.\315\,
\316\
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\314\ Sec. 4(b)(3)(A) of the OPIC Amendments Act of 1981 (Public
Law 97-65; 95 Stat. 1022) struck out ``exceed $600,000,000 in any one
year, and the amount of such reinsurance shall not'' at this point.
\315\ Sec. 4(b)(3)(B) of the OPIC Amendments Act of 1981 (Public
Law 97-65; 95 Stat. 1022) struck out ``and the Corporation shall
endeavor to increase such specified portions to the maximum extent
possible'' at this point.
\316\ Sec. 104 of the OPIC Amendments Act of 1988, S. 2757, enacted
into law by reference in the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102
Stat. 2268), struck out the first sentence of this paragraph. It
formerly read: ``The authority granted by paragraph (3) may be
exercised notwithstanding the prohibition under subsection (c) against
the Corporation purchasing or investing in any stock in any other
corporation.''.
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(g) \317\ Pilot Equity Finance Program.--
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\317\ Sec. 104(3) of the OPIC Amendments Act of 1988, S. 2757,
enacted into law by reference in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1989 (Public Law
100-461; 102 Stat. 2268) added subsec. (g).
Sec. 6001(1) of Public Law 106-31 (113 Stat. 113) struck out para.
(C), which had provided as follows:
``(C) Creation of fund for acquisition of equity.--The Corporation
is authorized to establish a revolving fund to be available solely for
the purposes specified in this subsection and to make transfers to the
fund of a total of $10,000,000 (less amounts transferred to the fund
before the date of the enactment of the Jobs Through Exports Act of
1992) from its noncredit account revolving fund. The Corporation shall
transfer to the fund in each fiscal year all amounts received by the
Corporation during the preceding fiscal year as income on securities
acquired under this subsection, and from the proceeds on the
disposition of such securities. Purchases of, investments in, and other
acquisitions of equity from the fund are authorized for any fiscal year
only to the extent or in such amounts as are provided in advance in
appropriations Acts or are transferred to the Corporation pursuant to
section 632(a) of this Act.''.
Previously sec. 103 of the Jobs Through Exports Act of 1992 (Public
Law 102-549; 106 Stat. 3651) amended and restated para. (C).
---------------------------------------------------------------------------
(1) Authority for pilot program.--In order to study
the feasibility and desirability of a program of equity
financing, the Corporation is authorized to establish a
4-year pilot program under which it may, on the limited
basis prescribed in paragraphs (2) through (5),
purchase, invest in, or otherwise acquire equity or
quasi-equity securities of any firm or entity, upon
such terms and conditions as the Corporation may
determine, for the purpose of providing capital for any
project which is consistent with the provisions of this
title except that--
(A) the aggregate amount of the Corporation's
equity investment with respect to any project
shall not exceed 30 percent of the aggregate
amount of all equity investment made with
respect to such project at the time that the
Corporation's equity investment is made, except
for securities acquired through the enforcement
of any lien, pledge, or contractual arrangement
as a result of a default by any party under any
agreement relating to the terms of the
Corporation's investment; and
(B) the Corporation's equity investment under
this subsection with respect to any project,
when added to any other investments made or
guaranteed by the Corporation under subsection
(b) or (c) with respect to such project, shall
not cause the aggregate amount of all such
investment to exceed, at the time any such
investment is made or guaranteed by the
Corporation, 75 percent of the total investment
committed to such project as determined by the
Corporation.
The determination of the Corporation under subparagraph (B)
shall be conclusive for purposes of the Corporation's authority
to make or guarantee any such investment.
(2) \318\ Equity authority limited to projects in
sub-saharan africa and caribbean basin and marine
transportation projects globally.--Equity investments
may be made under this subsection only in projects in
countries eligible for financing under this title that
are countries in sub-Saharan Africa or countries
designated as beneficiary countries under section 212
of the Caribbean Basin Economy Recovery Act \319\ and
in marine transportation projects in countries and
areas eligible for OPIC support worldwide using United
States commercial maritime expertise.\320\
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\318\ Sec. 6001(2) of Public Law 106-31 (113 Stat. 113) struck out
``Limitation to projects in sub-saharan africa and caribbean basin''
and inserted in lieu thereof ``Equity authority limited to projects in
sub-saharan africa and caribbean basin and marine transportation
projects globally''.
\319\ Should read ``Caribbean Basin Economic Recovery Act''; see
Legislation on Foreign Relations Through 2008, vol. III.
\320\ Sec. 6001(2) of Public Law 106-31 (113 Stat. 113) inserted
``and in marine transportation projects in countries and areas eligible
for OPIC support worldwide using United States commercial maritime
expertise'' at the end of the sentence.
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(3) Additional criteria.--In making investment
decisions under this subsection, the Corporation shall
give preferential consideration to projects sponsored
by or significantly involving United States small
business or cooperatives. The Corporation shall also
consider the extent to which the Corporation's equity
investment will assist in obtaining the financing
required for the project.
(4) Disposition of equity interest.--Taking into
consideration, among other things, the Corporations'
financial interests and the desirability of fostering
the development of local capital markets in less
developed countries, the Corporation shall endeavor to
dispose of any equity interest it may acquire under
this subsection within a period of 10 years from the
date of acquisition of such interest.
(5) \321\ Implementation.--To the extent provided in
advance in appropriations Acts, the Corporation is
authorized to create such legal vehicles as may be
necessary for implementation of its authorities, which
legal vehicles may be deemed non-Federal borrowers for
purposes of the Federal Credit Reform Act of 1990.
Income and proceeds of investments made pursuant to
this section 234(g) may be used to purchase equity or
quasi-equity securities in accordance with the
provisions of this section: Provided, however, That
such purchases shall not be limited to the 4-year
period of the pilot program: Provided further, That the
limitations contained in section 234(g)(2) shall not
apply to such purchases.
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\321\ Sec. 6001(3) of Public Law 106-31 (113 Stat. 113) added para.
(5).
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(6) Consultations with congress.--The Corporation
shall consult annually with the Committee on Foreign
Affairs \322\ of the House of Representatives and the
Committee on Foreign Relations of the Senate on the
implementation of the pilot equity finance program
established under this subsection.
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\322\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(h) \323\ Local Currency Guaranties for Eligible
Investors.--To issue to--
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\323\ Sec. 5(a) of the Overseas Private Investment Corporation
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) added
subsec. (h).
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(1) eligible investors, or
(2) local financial institutions, guaranties,
denominated in currencies other than United States dollars, of
loans and other investments made to projects sponsored by or
significantly involving eligible investors, assuring against
loss due to such risks and upon such terms and conditions as
the Corporation may determine, for projects that the
Corporation determines to have significant developmental
effects or as the Corporation determines to be necessary or
appropriate to carry out the purposes of this title.
Sec. 234A.\324\ Enhancing Private Political Risk Insurance
Industry.
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\324\ 22 U.S.C. 2194b. Sec. 105 of the OPIC Amendments Act of 1988,
S. 2757, enacted into law by reference in the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1989 (Public
Law 100-461; 102 Stat. 2268) amended and restated sec. 234A. First
added by sec. 9 of the OPIC Amendments Act of 1985 (Public Law 99-204;
99 Stat. 672), it formerly read as follows:
``In order to encourage greater availability of political risk
insurance for eligible investors, the Corporation shall establish, not
later than one year after the date of the enactment of the Overseas
Private Investment Corporation Amendments Act of 1985, a pilot program
of facultative reinsurance. The program shall provide reinsurance to
insurance companies, financial institutions, other persons, or groups
thereof, with respect to insurance issued by such companies,
institutions, persons, or groups for new investments, and expansions of
existing investments, by eligible investors, in excess of limits which
the Corporation would otherwise normally apply for its exposure to such
investments. Contracts of reinsurance issued under the program shall be
on equitable terms. The program, and any project covered by reinsurance
under the program, shall be consistent with the provisions of this
title.
``(b) Persons Eligible for the Program.--An insurance company,
financial institution, or other person shall be eligible to participate
in the facultative reinsurance program established under subsection (a)
if that company, institution, or other person is an eligible investor
under this title. The Corporation shall take steps to encourage
equitable participation in the program by all eligible persons.
``(c) Maximum Exposure.--The exposure of the Corporation under the
facultative reinsurance program at any one time may not exceed
$150,000,000 or, with respect to one country, $50,000,000.
``(d) Advisory Group.--
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``(1) Establishment and Membership.--The Corporation shall establish a
group to advise the Corporation on the development and implementation of
the program of facultative reinsurance under this section. The group shall
be composed of nine members as follows:
``(A) Three officers or employees of the Corporation designated by the
Board.
``(B) Four persons appointed by the Board, of whom at least one shall
represent an insurance company, one a reinsurance brokerage firm, and one
an underwriter, a financial institution, or other person or entity eligible
for the facultative reinsurance program under this section. In selecting
such persons, the Board shall consider their previous active involvement in
the field of political risk insurance or reinsurance and shall consult with
any major organizations representing insurance, reinsurance, and brokerage
institutions as to the suitability of the respective candidates to
represent their industry.
``(C) Two persons appointed by the Board from among persons who are
eligible investors, other than persons described in subparagraph (B).
``(2) Functions.--The advisory group shall advise the Corporation on the
development and implementation of the facultative reinsurance program under
this section, including ways to ensure equitable participation in the
program by all eligible persons.
``(3) Meetings.--The advisory group shall meet not later than one hundred
and eighty days after the date of the enactment of the Overseas Private
Investment Corporation Amendments Act of 1985, and not less than once in
every one hundred and eighty-day period thereafter.
``(4) Federal Advisory Committee Act.--The advisory group shall not be
subject to the Federal Advisory Committee Act (5 U.S.C. App.).
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``(e) Report to the Congress.--The Corporation shall, not later
than eighteen months after the date of the enactment of the Overseas
Private Investment Corporation Amendments Act of 1985, submit to the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on the
implementation of the facultative reinsurance program established under
subsection (a).''.
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(a) Cooperative Programs.--In order to encourage greater
availability of political risk insurance for eligible investors
by enhancing the private political risk insurance industry in
the United States, and to the extent consistent with this
title, the Corporation shall under take programs of cooperation
with such industry, and in connection with such programs may
engage in the following activities:
(1) Utilizing its statutory authorities, encourage
the development of associations, pools, or consortia of
United States private political risk insurers.
(2) Share insurance risks (through coinsurance,
contingent insurance, or other means) in a manner that
is conducive to the growth and development of the
private political risk insurance industry in the United
States.
(3) Notwithstanding section 237(e), upon the
expiration of insurance provided by the Corporation for
an investment, enter into risk-sharing agreements with
United States private political risk insurers to insure
any such investment; except that, in cooperating in the
offering of insurance under this paragraph, the
Corporation shall not assume responsibility for more
than 50 percent of the insurance being offered in each
separate transaction.
(b) Advisory Group.--
(1) Establishment and membership.--The Corporation
shall establish a group to advise the Corporation on
the development and implementation of the cooperative
programs under this section. The group shall be
appointed by the Board and shall be composed of up to
12 members, including the following:
(A) Up to seven persons from the private
political risk insurance industry, of whom no
fewer than two shall represent private
political risk insurers, one shall represent
private political risk reinsurers, and one
shall represent insurance or reinsurance
brokerage firms.
(B) Up to four persons, other than persons
described in subparagraph (A), who are
purchasers of political risk insurance.
(2) Functions.--The Corporation shall call upon
members of the advisory group, either collectively or
individually, to advise it regarding the capability of
the private political risk insurance industry to meet
the political risk insurance needs of United States
investors, and regarding the development of cooperative
programs to enhance such capability.
(3) Meetings.--The advisory group shall meet not
later than September 30, 1989, and at least annually
thereafter. The Corporation may from time to time
convene meetings of selected members of the advisory
group to address particular questions requiring their
specialized knowledge.
(4) Federal advisory committee act.--The advisory
group shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
Sec. 235.\325\ Issuing Authority, Direct Investment
Authority and Reserves.--
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\325\ 22 U.S.C. 2195. Sec. 235 was added by sec. 105 of the FA Act
of 1969, originally as ``Issuing Authority, Direct Investment Fund and
Reserves''. Sec. 104(a)(1) of the Jobs Through Exports Act of 1992
(Public Law 102-549; 106 Stat. 3651) struck out ``Fund'' and inserted
in lieu thereof ``Authority''.
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(a) \326\ Issuing Authority.--
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\326\ Sec. 104(a)(2) of the Jobs Through Exports Act of 1992
(Public Law 102-549; 106 Stat. 3651) amended and restated subsec. (a),
and sec. 104(a)((3) of that Act repealed subsec. (b), which formerly
established the Direct Investment Fund.
Sec. 581(a) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
Stat. 2435), amended and restated para. (1) of subsec. (a), struck out
para. (2)(A), and redesignated para. (3) as para. (2). Paras. (1) and
(2), as amended, formerly read as follows:
``(1) Insurance.--The maximum contingent liability outstanding at
any one time pursuant to insurance issued under section 234(a) shall
not exceed in the aggregate $13,500,000,000.
``(2) Financing.--(A) The maximum contingent liability outstanding
at any one time pursuant to financing issued under subsections (b) and
(c) of section 234 shall not exceed in the aggregate $9,500,000,000.''.
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(1) Insurance and financing.--(A) The maximum
contingent liability outstanding at any one time
pursuant to insurance issued under section 234(a), and
the amount of financing issued under sections 234(b)
and (c), shall not exceed in the aggregate
$29,000,000,000.
(B) Subject to spending authority provided in
appropriations Acts pursuant to section 504(b) of the
Federal Credit Reform Act of 1990, the Corporation is
authorized to transfer such sums as are necessary from
its noncredit activities to pay for the subsidy and
administrative costs \327\ of the investment guaranties
and direct loan programs under subsections (b) and (c)
of section 234.
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\327\ Sec. 3(a) of the Overseas Private Investment Corporation
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949) struck out
``subsidy cost'' and inserted in lieu thereof ``subsidy and
administrative costs''.
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(2) Termination of authority.--The authority of
subsections (a), (b), and (c) \328\ of section 234
shall continue until 2007.\329\
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\328\ Sec. 581(b) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
Stat. 2435), struck out ``(a) and (b)'' and inserted in lieu thereof
``(a), (b), and (c)''.
\329\ Sec. 4(2) of Public Law 95-268 (92 Stat. 214) extended the
authority from December 31, 1977, to September 30, 1981. This date was
further extended to September 30, 1985, by sec. 5(b)(1) of the OPIC
Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1023). Sec. 10 of
the OPIC Amendments Act of 1985 (Public Law 99-204; 99 Stat. 1673),
further extended the date from September 30, 1985 to September 30,
1988. Sec. 107 of the OPIC Amendments Act of 1988, H.R. 5263, enacted
into law by reference in the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102
Stat. 2268) extended the date from September 30, 1988 to September 30,
1992. Sec. 104(a)(2) of the Jobs Through Exports Act of 1992 (Public
Law 102-549; 106 Stat. 3651) amended and restated subsec. (a),
extending the issuing authority from September 30, 1992 to September
30, 1994. The authority was extended again from September 30, 1994 to
September 30, 1996 by sec. 103 of the Jobs Through Trade Expansion Act
of 1994 (Public Law 103-392; 108 Stat. 4098). Title I of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1997 (enacted as sec. 101(c) of title I of the Omnibus Consolidated
Appropriations Act, 1997; Public Law 104-208; 110 Stat. 3009) extended
the date from September 30, 1996, to September 30, 1997. Sec. 581(a)(3)
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1998 (Public Law 105-118; 111 Stat. 2435) extended
the date from September 30, 1997, to September 30, 1999. Sec. 599E of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec.
1000(a)(2) of Public Law 106-113; 113 Stat. 1535), struck out ``1999''
and inserted in lieu thereof ``November 1, 2000''. Sec. 2 of the Export
Enhancement Act of 1999 (Public Law 106-158; 113 Stat. 1745) would have
struck out ``1999'' and inserted in lieu there ``2003''; the amendment,
however, was not executed as ``1999'' no longer appeared in the text.
Sec. 2 of the Overseas Private Investment Corporation Amendments Act of
2003 (Public Law 108-158; 117 Stat. 1949) struck out ``November 1,
2000'' and inserted in lieu thereof ``2007''.
Title VI of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 859), provides the following:
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``Overseas Private Investment Corporation
``noncredit account
---------------------------------------------------------------------------
``The Overseas Private Investment Corporation is authorized to
make, without regard to fiscal year limitations, as provided by 31
U.S.C. 9104, such expenditures and commitments within the limits of
funds available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to
carry out the credit and insurance programs (including an amount for
official reception and representation expenses which shall not exceed
$35,000) shall not exceed $50,600,000: Provided further, That project-
specific transaction costs, including direct and indirect costs
incurred in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors pursuant
to section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
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``program account
---------------------------------------------------------------------------
``For the cost of direct and guaranteed loans, $29,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961, to be
derived by transfer from the Overseas Private Investment Corporation
Noncredit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums
shall be available for direct loan obligations and loan guaranty
commitments incurred or made during fiscal years 2009, 2010, and 2011:
Provided further, That funds so obligated in fiscal year 2009 remain
available for disbursement through 2017; funds obligated in fiscal year
2010 remain available for disbursement through 2018; and funds
obligated in fiscal year 2011 remain available for disbursement through
2019: Provided further, That notwithstanding any other provision of
law, the Overseas Private Investment Corporation is authorized to
undertake any program authorized by title IV of the Foreign Assistance
Act of 1961 in Iraq: Provided further, That funds made available
pursuant to the authority of the previous proviso shall be subject to
the regular notification procedures of the Committees on
Appropriations.
``In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account.''.
See also in that Act: sec. 7026, relating to commerce, trade, and
surplus commodities (123 Stat. 870); sec. 7073, relating to independent
states of the former Soviet Union 9123 Stat. 906); and sec. 7081 (123
Stat. 910), which provides the following:
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``opic
``(including transfer of funds)
---------------------------------------------------------------------------
``Sec. 7081. (a) Authority.--Notwithstanding section 235(a)(2) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the
authority of subsections (a) through (c) of section 234 of such Act
shall remain in effect through September 30, 2009.
``(b) Funding.--Whenever the President determines that it is in
furtherance of the purposes of the Foreign Assistance Act of 1961, up
to a total of $20,000,000 of the funds appropriated under title III of
this Act may be transferred to, and merged with, funds appropriated by
this Act for the Overseas Private Investment Corporation Program
Account, to be subject to the terms and conditions of that account:
Provided, That such funds shall not be available for administrative
expenses of the Overseas Private Investment Corporation: Provided
further, That designated funding levels in this Act shall not be
transferred pursuant to this section: Provided further, That the
exercise of such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.''.
See also sec. 1105 of the Supplemental Appropriations Act, 2009
(Public Law 111-32; 123 Stat. 1899), which, in part, provides the
following:
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``global financial crisis
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``Sec. 1105. (a) In General.--Of the funds appropriated in this
title under the heading `Economic Support Fund', not more than
$255,601,000 may be made available for assistance for vulnerable
populations in developing countries severely affected by the global
financial crisis that--
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``(1) have a 2007 per capita Gross National Income of $3,705 or less;
``(2) have seen a contraction in predicted growth rates of 2 percent or
more since 2007; and
``(3) demonstrate consistent improvement on the democracy and governance
indicators as measured by the Millennium Challenge Corporation 2009 Country
Scorebook.
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``(b) Transfer Authorities.--Of the funds appropriated in this
title under the heading `Economic Support Fund' for developing
countries impacted by the global financial crisis--
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``(1) up to $29,000,000 may be transferred and merged with ``Development
Credit Authority'', * * *
``(2) up to $20,000,000 may be transferred to, and merged with, `Overseas
Private Investment Corporation Program Account': Provided, That the
authority provided in this paragraph is in addition to authority provided
in section 7081 in Public Law 111-8.
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``(c) Reprogramming Authority.--* * *
``(d) Report.--The Secretary of State, in consultation with the
Administrator of the United States Agency for International Development
(USAID), shall submit a spending plan not later than 45 days after the
date of enactment of this Act to the Committees on Appropriations, and
prior to the initial obligation of funds appropriated for countries
impacted by the global economic crisis, detailing the use of all funds
on a country-by-country, and project-by-project basis: Provided, That
for each project, the report shall include (1) the projected long-term
economic impact of providing such funds; (2) the name of the entity or
implementing organization to which funds are being provided; (3)
whether funds will be provided as a direct cash transfer to a local or
national government entity; and (4) an assessment of whether USAID has
reviewed its existing programs in such country to determine
reprogramming opportunities to increase assistance for vulnerable
populations: Provided further, That funds transferred to the
Development Credit Authority and the Overseas Private Investment
Corporation are subject to the reporting requirements in section
1104.''.
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(b) \326\ * * * [Repealed--1992]
(c) There shall be established in the Treasury of the
United States a noncredit account revolving fund, which \330\
shall be available for discharge of liabilities, as provided in
subsection (d) of this section \331\ until such time as all
such liabilities have been discharged or have expired or until
all of the fund has \332\ been expended in accordance with the
provisions of this section. Such fund shall be funded by: (1)
the funds heretofore available to discharge liabilities under
predecessor guaranty authority (including housing guaranty
authorities), less both the amount made available for housing
guaranty programs pursuant to section 223(b) and the amount
made available to the Corporation pursuant to subsection (e) of
this section \331\ and (2) such sums as shall be appropriated
pursuant to subsection (f) of this section for such
purpose.\333\ Additional amounts may thereafter be transferred
to such fund \334\ pursuant to section 236.
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\330\ Sec. 3(b)(1)(A) of the Overseas Private Investment
Corporation Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949)
struck out ``an insurance and guaranty fund, which shall have separate
accounts to be known as the Insurance Reserve and the Guaranty Reserve,
which reserves'' and inserted in lieu thereof ``a noncredit account
revolving fund, which''.
\331\ Sec. 17(b) of the OPIC Amendments Act of 1985 (Public Law 99-
204; 99 Stat. 1676) struck out references to ``section 234(e)'' and
``section 235(f)'' and inserted in lieu thereof references to
``subsection (e)'', or ``subsection (j)'', ``of this section'', and
references to ``section 235(d)'' with ``subsection (d) of this
section''.
\332\ Sec. 3(b)(1)(B) of the Overseas Private Investment
Corporation Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949)
struck out ``such reserves have'' and inserted in lieu thereof ``of the
fund has''.
\333\ Sec. 3(b)(2) of the Overseas Private Investment Corporation
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949) struck out
``The allocation of such funds to each such reserve shall be determined
by the Board after consultation with the Secretary of the Treasury.''.
\334\ Sec. 3(b)(3) of the Overseas Private Investment Corporation
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949) struck out
``reserves'' and inserted in lieu thereof ``fund''.
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(d) Any payment made to discharge liabilities under
investment insurance or reinsurance issued under section 234
\335\ under similar predecessor guaranty authority or under
section 234A,\335\ shall be paid first out of the noncredit
account revolving fund, as long as such fund \336\ remains
available, and thereafter out of funds made available pursuant
to subsection (f) of this section. Any payments made to
discharge liabilities under guaranties issued under section
234(b) or 234(c) shall be paid in accordance with the Federal
Credit Reform Act of 1990.\337\
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\335\ Sec. 2(3)(B) of the OPIC Amendments Act of 1974 (Public Law
93-390) struck out ``insurance issued under section 234(a)'' and
inserted in lieu thereof ``insurance or reinsurance issued under
section 234''.
Sec. 9(b) of the OPIC Amendments Act of 1985 (Public Law 99-204; 99
Stat. 1672) added the reference to sec. 234A.
\336\ Sec. 3(c)(1) of the Overseas Private Investment Corporation
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949) struck out
``Insurance Reserve, as long as such reserve'' and inserted in lieu
thereof ``noncredit account revolving fund, as long as such fund''.
\337\ Sec. 3(c)(2) of the Overseas Private Investment Corporation
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949) struck out
``or under similar predecessor guaranty authority shall be paid first
out of the Guaranty Reserve as long as such reserve remains available,
and thereafter out of funds made available pursuant to subsection (f)
of this section'' and inserted in lieu thereof ``or 234(c) shall be
paid in accordance with the Federal Credit Reform Act of 1990''.
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(e) There is hereby authorized to be transferred to the
Corporation at its call, for the purposes specified in section
236, all fees and other revenues collected under predecessor
guaranty authority from December 31, 1968, available as of the
date of such transfer.
(f) \338\ There are authorized to be appropriated to the
Corporation, to remain available until expended, such amounts
as may be necessary from time to time to replenish or increase
the noncredit account revolving fund,\339\ to discharge the
liabilities under insurance, reinsurance, or guaranties issued
by the Corporation or issued under predecessor guaranty
authority, or to discharge obligations of the Corporation
purchased by the Secretary of the Treasury pursuant to this
subsection. However, no appropriations shall be made to augment
the noncredit account revolving fund \340\ until the amount of
funds in the noncredit account revolving fund \340\ is less
than $25,000,000. Any appropriations to augment the noncredit
account revolving fund \340\ shall then only be made either
pursuant to specific authorization enacted after the date of
enactment of the Overseas Private Investment Corporation
Amendments Act of 1974, or to satisfy the full faith and credit
provision of section 237(c). In order to discharge liabilities
under investment insurance or reinsurance, the Corporation is
authorized to issue from time to time for purchase by the
Secretary of the Treasury its notes, debentures, bonds, or
other obligations; but the aggregate amount of such obligations
outstanding at any one time shall not exceed $100,000,000. Any
such obligation shall be repaid to the Treasury within one year
after the date of issue of such obligation. Any such obligation
shall bear interest at a rate determined by the Secretary of
the Treasury, taking into consideration the current average
market yield on outstanding marketable obligations of the
United States of comparable maturities during the month
preceding the issuance of any obligation authorized by this
subsection. The Secretary of the Treasury shall purchase any
obligation of the Corporation issued under this subsection, and
for such purchase he may use as a public debt transaction the
proceeds of the sale of any securities issued under the Second
Liberty Bond Act after the date of enactment of the Overseas
Private Investment Corporation Amendments Act of 1974. The
purpose for which securities may be issued under such Bond Act
shall include any such purchase.
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\338\ Sec. 2(3)(C) of the OPIC Amendments Act of 1974 (Public Law
93-390) amended and restated subsec. (f). It formerly read as follows:
``(f) There is hereby authorized to be appropriated to the
Corporation, to remain available until expended, such amounts as may be
necessary from time to time to replenish or increase the insurance and
guaranty fund or to discharge the liabilities under insurance and
guaranties issued by the Corporation or issued under predecessor
guaranty authority.''.
Sec. 104 of Public Law 103-392 (108 Stat. 4098) struck out subsec.
(g). Sec. 104(b) of the Jobs Through Exports Act of 1992 (Public Law
102-549; 106 Stat. 3652) had added subsec. (g), which authorized the
Corporation to draw form its noncredit account revolving fund
$8,128,000 for fiscal year 1993 and $11,000,000 for fiscal year 1994
for administrative expenses.
\339\ Sec. 3(d)(1) of the Overseas Private Investment Corporation
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) struck out
``insurance and guaranty fund'' and inserted in lieu thereof
``noncredit account revolving fund''.
\340\ Sec. 3(d)(2) of the Overseas Private Investment Corporation
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) struck out
``Insurance Reserve'' and inserted in lieu thereof ``noncredit account
revolving fund''.
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Sec. 236.\341\ Income and Revenues.--In order to carry out
the purposes of the Corporation, all revenues and income
transferred to or earned by the Corporation, from whatever
source derived, shall be held by the Corporation and shall be
available to carry out its purposes, including without
limitation--
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\341\ 22 U.S.C. 2196. Added by sec. 105 of the FA Act of 1969
(Public Law 91-175).
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(a) payment of all expenses of the Corporation,
including investment promotion expenses;
(b) transfers and additions to the insurance or
guaranty reserves, the Direct Investment Fund
established pursuant to section 235, and such other
funds or reserves as the Corporation may establish, at
such time and in such amounts as the Board may
determine; and
(c) payment of dividends, on capital stock, which
shall consist of and be paid from net earnings of the
Corporation after payments, transfers, and additions
under subsections (a) and (b) hereof.
Sec. 237.\342\ General Provisions Relating to Insurance
Guaranty, and Financing Program.--(a) Insurance guaranties, and
reinsurance \343\ issued under this title shall cover
investment made in connection with projects in any less
developed friendly country or area with the government to which
the President of the United States has agreed to institute a
program for insurance, guaranties, or reinsurance.\343\
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\342\ 22 U.S.C. 2197. Added by Sec. 105 of the FA Act of 1969
(Public Law 91-175).
Sec. 110(c) of the OPIC Amendments Act of 1988, S. 2757, enacted
into law by reference in the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102
Stat. 2268), struck ``and Guaranty'' and inserted ``Guaranty, and
Financing''.
\343\ Sec. 2(4) of the OPIC Amendments Act of 1974 (Public Law 93-
390) added the reference to reinsurance.
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(b) The Corporation shall determine that suitable
arrangements exist for protecting the interest of the
Corporation in connection with any insurance, guaranty or
reinsurance \343\ issued under this title, including
arrangements concerning ownership, use, and disposition of the
currency, credits, assets, or investments on account of which
payment under such insurance, guaranty, or reinsurance \343\ is
to be made, and right, title, claim, or cause of action
existing in connection therewith.
(c) All guaranties issued prior to July 1, 1956, all
guaranties issued under sections 202(b) and 413(b) of the
Mutual Security Act of 1954, as amended, all guaranties
heretofore issued pursuant to prior guaranty authorities
repealed by the Foreign Assistance Act of 1969, and all
insurance, reinsurance,\343\ and guaranties issued pursuant to
this title shall constitute obligations, in accordance with the
terms of such insurance, reinsurance,\343\ or guaranties, of
the United States of America and the full faith and credit of
the United States of America is hereby pledged for the full
payment and performance of such obligations.
(d) \344\ Fees.--
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\344\ Sec. 105(a) of the Jobs Through Exports Act of 1992 (Public
Law 102-549; 106 Stat. 3652) amended and restated subsec. (d).
Previously it had been amended and restated by sec. 2(4)(D) of the OPIC
Amendments Act of 1974 (Public Law 93-390).
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(1) In general.--Fees may be charged for providing
insurance, reinsurance, financing, and other services
under this title in amounts to be determined by the
Corporation. In the event fees charged for insurance,
reinsurance, financing, or other services are reduced,
fees to be paid under existing contracts for the same
type of insurance, reinsurance, financing, or services
and for similar guarantees issued under predecessor
guarantee authority may be reduced.
(2) Credit transaction costs.--Project-specific
transaction costs incurred by the Corporation relating
to loan obligations or loan guarantee commitments
covered by the provisions of the Federal Credit Reform
Act of 1990, including the costs of project-related
travel and expenses for legal representation provided
by persons outside the Corporation and other similar
expenses which are charged to the borrower, shall be
paid out of the appropriate finance account established
pursuant to section 505(b) of such Act.
(3) Noncredit transaction costs.--Fees paid for the
project-specific transaction costs and other direct
costs associated with services provided to specific
investors or potential investors pursuant to section
234 (other than those covered in paragraph (2)),
including financing, insurance, reinsurance, missions,
seminars, conferences, and other preinvestment
services, shall be available for obligation for the
purposes for which they were collected, notwithstanding
any other provision of law.
(e) No insurance, guaranty, or reinsurance \343\ of any
equity investment shall extend beyond twenty years from the
date of issuance.
(f) Compensation for insurance, reinsurance, or guaranties
issued under this title shall not exceed the dollar value, as
of the date of the investment, of the investment made in the
project with the approval of the Corporation plus interest,
earnings, or profits actually accrued on such investment to the
extent provided by such insurance, reinsurance, or guaranty,
except that the Corporation may provide that (1) appropriate
adjustments in the insured dollar value be made to reflect the
replacement cost of project assets, and (2) compensation for a
claim of loss under insurance of an equity investment may be
computed on the basis of the net book value attributable to
such equity investment on the date of loss.\345\
Notwithstanding the preceding sentence, the Corporation shall
limit the amount of direct insurance and reinsurance issued by
it under section 234 or 234A so that risk of loss as to at
least 10 per centum of the total investment of the insured and
its affiliates in the project is borne by the insured and such
affiliates, except that limitation shall not apply to direct
insurance or reinsurance of loans by banks or other financial
institutions to unrelated parties and \346\ (3) \347\
compensation for loss due to business interruption may be
computed on a basis to be determined by the Corporation which
reflects amounts lost.
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\345\ Sec. 6(a) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1023) amended and restated the first sentence of subsec.
(f). Previous amendments to this sentence in subsec. (f) retained in
the new text include the following: The word ``reinsurance'' was added
by sec. 2(4)(F) of Public Law 93-390; the basic language of clause (1)
was added by sec. 5 of Public Law 95-268 (92 Stat. 215).
\346\ Sec. 2(4)(G) of the OPIC Amendments Act of 1974 (Public Law
93-390) added this sentence. Sec. 5 of Public Law 95-268 (92 Stat. 215)
added ``except that limitation shall not apply to direct insurance or
reinsurance of loans by banks or other financial institutions to
unrelated parties''.
A sentence, as added by sec. 2(4)(G) of Public Law 93-390 and which
previously appeared at this point, was struck out by sec. 6(b) of the
OPIC Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1023). It
formerly read as follows: ``The preceding sentence shall not apply to
the extent not permitted by State law.''.
\347\ Sec. 6(b) of the OPIC Amendments Act of 1985 (Public Law 99-
204) added clause (3).
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(g) No payment may be made under any guaranty, insurance or
reinsurance \343\ issued pursuant to this title for any loss
arising out of fraud or misrepresentation for which the party
seeking payment is responsible.
(h) Insurance, guaranties, or reinsurance \348\ of a loan
or equity investment of an eligible investor in a foreign bank,
finance company, or other credit institution shall extend only
to such loan or equity investment and not to any individual
loan or equity investment made by such foreign bank, finance
company, or other credit institution.
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\348\ Sec. 2(4)(I) of the OPIC Amendments Act of 1974 (Public Law
93-390) struck out ``or guaranties'' and inserted in lieu thereof ``,
guaranties, or reinsurance''.
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(i) Claims arising as a result of insurance, reinsurance
\349\ or guaranty operations under this title or under
predecessor guaranty authority may be settled, and disputes
arising as a result thereof may be arbitrated with the consent
of the parties, on such terms and conditions as the Corporation
may determine. Payment made pursuant to any such settlement, or
as a result of an arbitration award, shall be final and
conclusive notwithstanding any other provision of law.
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\349\ Sec. 2(4)(J) of the OPIC Amendments Act of 1974 (Public Law
93-390) inserted ``, reinsurance''.
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(j) Each guaranty contract executed by such officer or
officers as may be designated by the Board shall be
conclusively presumed to be issued in compliance with the
requirements of this Act.
(k) \350\ In making a determination to issue insurance,
guaranties, or reinsurance under this title, the Corporation
shall consider the possible adverse effect of the dollar
investment under such insurance, guaranty, or reinsurance upon
the balance of payments of the United States.
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\350\ Sec. 2(4)(K) of the OPIC Amendments Act of 1974 (Public Law
93-390) amended and restated subsec. (k). It formerly read as follows:
``(k) In making a determination to issue insurance or a guaranty
under this title, the Corporation shall consider the possible adverse
effect of the dollar investment under such insurance or guaranty upon
the balance of payments of the United States.''.
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(l) \351\ (1) No payment may be made under any insurance or
reinsurance which is issued under this title on or after the
date of enactment of this subsection for any loss occurring
with respect to a project, if the preponderant cause of such
loss was an act by the investor seeking payment under this
title, by a person possessing majority ownership and control of
the investor at the time of the act, or by any agent of such
investor or controlling person, and a court of the United
States has entered a final judgment that such act constituted a
violation under the Foreign Corrupt Practices Act of 1977.
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\351\ Sec. 6 of Public Law 95-268 (92 Stat. 215) added subsec. (l).
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(2) Not later than 120 days after the date of enactment of
this subsection, the Corporation shall adopt regulations
setting forth appropriate conditions under which any person
convicted under the Foreign Corrupt Practices Act of 1977 for
an offense related to a project insured or otherwise supported
by the Corporation shall be suspended, for a period of not more
than five years, from eligibility to receive any insurance,
reinsurance, guaranty, loan, or other financial support
authorized by this title.
(m) \352\ (1) Before finally providing insurance,
reinsurance, guarantees, or financing under this title for any
environmentally sensitive investment in connection with a
project in a country, the Corporation shall notify appropriate
government officials of that country of--
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\352\ Sec. 4(b) of the OPIC Amendments Act of 1985 (Public Law 99-
204) added subsec. (m).
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(A) all guidelines and other standards adopted by the
International Bank for Reconstruction and Development
and any other international organization relating to
the public health or safety or the environment which
are applicable to the project; and
(B) to the maximum extent practicable, any
restriction under any law of the United States relating
to public health or safety or the environment that
would apply to the project if the project were
undertaken in the United States.
The notification under the preceding sentence shall include a
summary of the guidelines, standards, and restrictions referred
to in subparagraphs (A) and (B), and may include any
environmental impact statement, assessment, review, or study
prepared with respect to the investment pursuant to section
239(g).
(2) Before finally providing insurance, reinsurance,
guarantees, or financing for any investment subject to
paragraph (1), the Corporation shall take into account any
comments it receives on the project involved.
(3) On or before September 30, 1986, the Corporation shall
notify appropriate government officials of a country of the
guidelines, standards, and legal restrictions described in
paragraph (1) that apply to any project in that country--
(A) which the Corporation identifies as potentially
posing major hazards to public health and safety or the
environment; and
(B) for which the Corporation provided insurance,
reinsurance, guarantees, or financing under this title
before the date of enactment of this subsection and
which is in the Corporation's portfolio on that date.
(n) \353\ Penalties for Fraud.--Whoever knowingly makes any
false statement or report, or willfully overvalues any land,
property, or security, for the purpose of influencing in any
way the action of the Corporation with respect to any
insurance, reinsurance, guarantee, loan, equity investment, or
other activity of the Corporation under section 234 or any
change or extension of any such insurance, reinsurance,
guarantee, loan, equity investment, or activity, by renewal,
deferment of action or otherwise, or the acceptance, release,
or substitution of security therefor, shall be fined not more
than $1,000,000 or imprisoned not more than 30 years, or both.
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\353\ Sec. 105(b) of the Jobs Through Exports Act of 1992 (Public
Law 102-549; 106 Stat. 3653) added subsec. (n).
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(o) \354\ Use of Local Currencies.--Direct loans or
investments made in order to preserve the value of funds
received in inconvertible foreign currency by the Corporation
as a result of activities conducted pursuant to section 234(a)
shall not be considered in determining whether the Corporation
has made or has outstanding loans or investments to the extent
of any limitation on obligations and equity investment imposed
by or pursuant to this title. The provisions of section 504(b)
of the Federal Credit Reform Act of 1990 shall not apply to
direct loan obligations made with funds described in this
subsection.
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\354\ Sec. 105(c) of the Jobs Through Exports Act of 1992 (Public
Law 102-549; 106 Stat. 3653) added subsec. (o).
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Sec. 238.\355\ Definitions.--As used in this title--
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\355\ 22 U.S.C. 2198. Added by sec. 105 of the FA Act of 1969
(Public Law 91-175).
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(a) the term ``investment'' includes any contribution
or commitment \356\ of funds, commodities, services,
patents, processes, or techniques, in the form of (1) a
loan or loans to an approved project, (2) the purchase
of a share of ownership in any such project, (3)
participation in royalties, earnings, or profits of any
such project, and (4) the furnishing of commodities or
services pursuant to a lease or other contract;
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\356\ Sec. 7 of the OPIC Amendments Act of 1981 (Public Law 97-65;
95 Stat. 1024) inserted ``or commitment''.
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(b) the term ``expropriation'' includes, but is not
limited to, any abrogation, repudiation, or impairment
by a foreign government, a political subdivision of a
foreign government, or a corporation owned or
controlled by a foreign government,\357\ of its own
contract with an investor with respect to a project,
where such abrogation, repudiation, or impairment is
not caused by the investor's own fault or misconduct,
and materially adversely affects the continued
operation of the project;
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\357\ Sec. 4(b) of the Overseas Private Investment Corporation
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) inserted
``, a political subdivision of a foreign government, or a corporation
owned or controlled by a foreign government,''.
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(c) the term ``eligible investor'' means: (1) United
States citizens; (2) corporations, partnerships, or
other associations including nonprofit associations,
created under the laws of the United States any State
or territory thereof, or the District of Columbia,\358\
and substantially beneficially owned by United States
citizens; and (3) foreign corporations, partnerships,
or other associations wholly owned by one or more such
United States citizens, corporations, partnerships, or
other associations: Provided however, That the
eligibility of such foreign corporation shall be
determined without regard to any shares, in aggregate
less than 5 per centum of the total issued and
subscribed share capital,\359\ held by other than the
United States owners: Provided further, That in the
case of any loan investment a final determination of
eligibility may be made at the time the insurance or
guaranty is issued; in all other cases, the investor
must be eligible at the time a claim arises as well as
the time the insurance or guaranty is issued; \360\
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\358\ Sec. 17(a) of the OPIC Amendments Act of 1985 (Public Law 99-
204) added reference to the District of Columbia.
\359\ Sec. 104(a) of the FA Act of 1971 (Public Law 91-672) struck
out ``required by Law to be''.
\360\ Sec. 106 of the Jobs Through Exports Act of 1992 (Public Law
102-549; 106 Stat. 3653): (1) struck out ``and'' at the end of subsec.
(c); (2) redesignated subsec. (d) as subsec. (f); and (3) added new
subsecs. (d) and (e).
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(d) \360\ the term ``noncredit account revolving
fund'' means the account in which funds under section
236 and all funds from noncredit activities are held;
\361\
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\361\ Sec. 5(b)(1) of the Overseas Private Investment Corporation
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) struck out
``and'' at this point.
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(e) \360\ the term ``noncredit activities'' means all
activities of the Corporation other than its loan
guarantee program under section 234(b) and its direct
loan program under section 234(c); \361\
(f) \360\ the term ``predecessor guaranty authority''
means prior guaranty authorities (other than housing
guaranty authorities) repealed by the Foreign
Assistance Act of 1969, section 202(b) and 413(b) of
the Mutual Security Act of 1954, as amended, and
section 111(b)(3) of the Economic Cooperation Act of
1948, as amended (exclusive of authority relating to
informational media guaranties); and \362\
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\362\ Sec. 5(b)(2) and (3) of the Overseas Private Investment
Corporation Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950)
struck out ``.'' and inserted in lieu thereof ``; and'', and added
subsec. (g).
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(g) \362\ the term ``local financial institution''--
(1) means any bank or financial institution
that is organized under the laws of any country
or area in which the Corporation operates; but
(2) does not include a branch, however
organized, of a bank or other financial
institution that is organized under the laws of
a country in which the Corporation does not
operate.
Sec. 239.\363\ General Provisions and Powers.--(a) The
Corporation shall have its principal office in the District of
Columbia and shall be deemed, for purposes of venue in civil
actions, to be resident thereof.
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\363\ 22 U.S.C. 2199. Added by sec. 105 of the FA Act of 1969
(Public Law 91-175).
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(b) The President shall transfer to the Corporation, at
such time as he may determine, all obligations, assets and
related rights and responsibilities arising out of, or related
to, predecessor programs and authorities similar to those
provided for in section 234 (a), (b), and (d). Until such
transfer, the agency heretofore responsible for such
predecessor programs shall continue to administer such assets
and obligations, and such programs and activities authorized
under this title as may be determined by the President.\364\
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\364\ Sec. 7(1) of Public Law 95-268 (92 Stat. 215) struck out a
paragraph previously appearing in subsec. (b) that had directed OPIC to
cease operating the programs authorized by sec. 234(b) through (e) and
sec. 240.
A Presidential Determination of Dec. 30, 1969 (35 F.R. 43; January
3, 1970), provided for AID administration until transfer to the
Overseas Private Investment Corporation.
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(c) \365\ (1) The Corporation shall be subject to the
applicable provisions of chapter 91 of title 31, United States
Code, except as otherwise provided in this title.
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\365\ Sec. 11 of the OPIC Amendments Act of 1985 (Public Law 99-
204), amended and restated subsec. (c). It previously read as follows:
``(c) The Corporation shall be subject to the applicable provisions
of the Government Corporation Control Act, except as otherwise provided
in this title.''.
Sec. 209(e)(16) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
113 Stat. 1536), stated that sec. 3003(a)(1) of Public Law 104-66 (109
Stat. 734) is not applicable to this subsection. Sec. 3003(a)(1) of
that Act, as amended, provided that ``* * * each provision of law
requiring the submittal to Congress (or any committee of the Congress)
of any annual, semiannual, or other regular periodic report specified
on the list * * * [prepared by the Clerk of the House of
Representatives for the first session of the One Hundred Third
Congress] shall cease to be effective, with respect to that
requirement, May 15, 2000.''.
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(2) An independent certified public accountant shall
perform a financial and compliance audit of the financial
statements of the Corporation at least once every three years,
in accordance with generally accepted Government auditing
standards for a financial and compliance audit, as issued by
the Comptroller General. The independent certified public
accountant shall report the results of such audit to the Board.
The financial statements of the Corporation shall be presented
in accordance with generally accepted accounting principles.
These financial statements and the report of the accountant
shall be included in a report which contains, to the extent
applicable, the information identified in section 9106 of title
31, United States Code, and which the Corporation shall submit
to the Congress not later than six and one-half months after
the end of the last fiscal year covered by the audit. The
General Accounting Office \366\ may review the audit conducted
by the accountant and the report to the Congress in the manner
and at such times as the General Accounting Office \366\
considers necessary.
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\366\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public
Law 108-271; 118 Stat. 814) redesignated the ``General Accounting
Office'' as the ``Government Accountability Office'' and provided that
``Any reference to the General Accounting Office in any law, rule,
regulations, certificate, directive, instruction, or other official
paper in force on the date of enactment of this Act shall be considered
to refer and apply to the Government Accountability Office.''.
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(3) In lieu of the financial and compliance audit required
by paragraph (2), the Government Accountability Office \366\
shall, if the Office considers it necessary or upon the request
of the Congress, audit the financial statements of the
Corporation in the manner provided in paragraph (2). The
Corporation shall reimburse the Government Accountability
Office \366\ for the full cost of any audit conducted under
this paragraph.
(4) All books, accounts, financial records, reports, files,
workpapers, and property belonging to or in use by the
Corporation and the accountant who conducts the audit under
paragraph (2), which are necessary for purposes of this
subsection, shall be made available to the representatives of
the Government Accountability Office.\366\
(d) To carry out the purposes of this title, the
Corporation is authorized to adopt and use a corporate seal,
which shall be judicially noticed; to sue and be sued in its
corporate name; to adopt, amend, and repeal bylaws governing
the conduct of its business and the performance of the powers
and duties granted to or imposed upon it by law; to acquire,
hold or dispose of, upon such terms and conditions as the
Corporation may determine, any property, real, personal, or
mixed, tangible or intangible, or any interest therein; to
invest funds derived from fees and other revenues in
obligations of the United States and to use the proceeds
therefrom, including earnings and profits, as it shall deem
appropriate; to indemnify directors, officers, employees and
agents of the Corporation for liabilities and expenses incurred
in connection with their Corporation activities; to require
bonds of officers, employees, and agents and pay the premiums
therefor; notwithstanding any other provision of law, to
represent itself or to contract for representation in all legal
and arbitral proceedings; to enter into limited-term contracts
with nationals of the United States for personal services to
carry out activities in the United States and abroad under
subsections (d) and (e) of section 234; \367\ to purchase,
discount, rediscount, sell, and negotiate, with or without its
endorsement or guaranty, and guarantee notes, participation
certificates, and other evidence of indebtedness (provided that
the Corporation shall not issue its own securities, except
participation certificates for the purpose of carrying out
section 231(c) or participation certificates as evidence of
indebtedness held by the Corporation in connection with
settlement of claims under section 237(i)); \368\ to make and
carry out such contracts and agreements as are necessary and
advisable in the conduct of its business; to exercise the
priority of the Government of the United States in collecting
debts from bankrupt, insolvent, or decedents' estates; to
determine the character of and the necessity for its
obligations and expenditures, and the manner in which they
shall be incurred, allowed, and paid, subject to provisions of
law specifically applicable to Government corporations; to
collect or compromise any obligations assigned to or held by
the Corporation, including any legal or equitable rights
accruing to the Corporation; \369\ and to take such actions as
may be necessary or appropriate to carry out the powers herein
or hereafter specifically conferred upon it.
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\367\ Sec. 107 of the Jobs Through Exports Act of 1992 (Public Law
102-549; 106 Stat. 3654) inserted ``to enter into limited-term
contracts with nationals of the United States for personal services to
carry out activities in the United States and abroad under subsections
(d) and (e) of section 234;'' after ``legal and arbitral
proceedings;''.
\368\ Sec. 7(2) of Public Law 95-268 (92 Stat. 215) inserted ``or
participation certificates as evidence of indebtedness held by the
Corporation in connection with settlement of claims under section
237(i))''.
\369\ Sec. 8(1) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1024) inserted ``to collect or compromise any obligations
assigned to or held by the Corporation, including any legal or
equitable rights accruing to the Corporation;''.
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(e) The Inspector General \370\ of the Agency for
International Development (1) may conduct \371\ reviews,
investigations, and inspections of all phases of the
Corporation's operations and activities and (2) shall conduct
all security activities of the Corporation relating to
personnel and the control of classified material. With respect
to his responsibilities under this subsection, the Inspector
General \370\ shall report to the Board. The agency primarily
responsible for administering part I shall be reimbursed by the
Corporation for all expenses incurred by the Inspector General
\370\ in connection with his responsibilities under this
subsection.
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\370\ Sec. 8(2)(A) of the OPIC Amendments Act of 1981 (Public Law
97-65; 95 Stat. 1024) struck out ``Auditor-General'' and inserted in
lieu thereof ``Inspector General''.
\371\ Sec. 8(2)(B) of the OPIC Amendments Act of 1981 (Public Law
97-65; 95 Stat. 1024) struck out ``shall have the responsibility for
planning and directing the execution of audits,'' and inserted in lieu
thereof ``may conduct''.
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(f) \372\, \373\ Except for the provisions of
this title, no other provision of this or any other law shall
be construed to prohibit the operation in Yugoslavia, Poland,
Hungary,\374\ or any other East European country,\375\ or the
People's Republic of China, or Pakistan \376\ of the programs
authorized by this title, if the President determines that the
operation of such program in such country is important to the
national interest.
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\372\ Sec. 8(3) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1024) struck out subsecs. (f), (j), and (k) (subsecs. (j)
and (k) added by sec. 7(3) of Public Law 95-268), and redesignated
existing subsecs. (g), (h), (i), and (l) as subsecs. (f), (g), (h), and
(i), respectively.
Old subsec. (f) authorized the establishment of an Advisory Board
in order to further the purposes of OPIC; old subsec. (j) blocked OPIC
support for copper exploration or mining projects begun after Jan. 1,
1981, and projects for the production of copper beginning after this
date if the project would cause injury to the primary U.S. copper
industry; and old subsec. (k) blocked OPIC support for any project to
establish or expand production of processing of palm oil, sugar, or
citrus crops for export.
\373\ Sec. 104(b) of the FA Act of 1971 (Public Law 92-226) added
subsec. (f), originally added as subsec. (g). Public Law 96-327 (94
Stat. 1026) inserted ``the People's Republic of China''. Sec. 108 of
the OPIC Amendments Act of 1988, S. 2757, enacted into law by reference
in the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268) struck
out ``Romania''.
\374\ Sec. 302(a) of the Support for East European Democracy (SEED)
Act of 1989 (Public Law 101-179; 103 Stat. 1311) inserted reference to
Hungary and Poland.
\375\ Sec. 576(a) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2044), inserted ``or any other East European country''.
\376\ Sec. 579(a) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
Stat. 2435), inserted ``, or Pakistan'' after ``China''. Sec. 579(b) of
that Act, furthermore, provided the following:
``(b) Trade and Development.--It is the sense of Congress that the
Director of the Trade and Development Agency should use funds made
available to carry out the provisions of section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421) to promote United States
exports to Pakistan.''.
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(g) \372\, \377\ The requirements of section
117(c) of this Act relating to environmental impact statements
and environmental assessments shall apply to any investment
which the Corporation insures, reinsures, guarantees, or
finances under this title in connection with a project in a
country.
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\377\ Sec. 2(5)(B) of the OPIC Amendments Act of 1974 (Public Law
93-390) added subsec. (g), originally as subsec. (h). Sec. 4(c) of the
OPIC Amendments Act of 1985 (Public Law 99-204), restated and amended
subsec. (g) in its current form. It previously read as follows:
``Within six months after the date of enactment of this subsection,
the Corporation shall develop and implement specific criteria intended
to minimize the potential environmental implications of projects
undertaken by investors abroad in accordance with any of the programs
authorized by this title.''.
The OPIC Amendments Act of 1988, S. 2757, enacted into law by
reference in the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1989 (Public Law 100-461; 102 Stat. 2268)
replaced ``118(c)'' with ``117(c)''.
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(h) \372\, \378\ In order to carry out the
policy set forth in paragraph (1) of the second undesignated
paragraph of section 231 of this Act, the Corporation shall
prepare and maintain for each investment project it insures,
finances, or reinsures, a development impact profile consisting
of data appropriate to measure the projected and actual effects
of such project on development. Criteria for evaluating
projects shall be developed in consultation with the Agency for
International Development.\379\
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\378\ Sec. 7(3) of Public Law 95-268 (92 Stat. 215) added subsec.
(h), originally as subsec. (i).
\379\ This consultative function was transferred to the Director of
IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of 1979
(establishing IDCA). The Reorganization Plan No. 2 of 1979 ceased to be
effective with enactment of the Foreign Affairs Reform and
Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of
Public Law 105-277; 112 Stat. 2681).
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(i) \372\, \380\ The Corporation shall take into
account in the conduct of its programs in a country, in
consultation with the Secretary of State, all available
information about observance of and respect for human rights
and fundamental freedoms in such country and the effect the
operation of such programs will have on human rights and
fundamental freedoms in such country. The provisions of section
116 of this Act shall apply to any insurance, reinsurance,
guaranty, or loan issued by the Corporation for projects in a
country, except that in addition to the exception (with respect
to benefiting needy people) set forth in subsection (a) of such
section, the Corporation may support a project if the national
security interest so requires.
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\380\ Sec. 8 of Public Law 95-268 (92 Stat. 216) added subsec. (i),
originally as subsec. (l).
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(j) \381\ The Corporation, including its franchise,
capital, reserves, surplus, advances, intangible property, and
income, shall be exempt from all taxation at any time imposed
by the United States, by any territory, dependency, or
possession of the United States, or by any State, the District
of Columbia, or any county, municipality, or local taxing
authority.
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\381\ Secs. 12 and 13 of the OPIC Amendments Act of 1985 (Public
Law 99-204; 99 Stat. 1674) added subsecs. (j) and (k), respectively.
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(k) \381\ The Corporation shall publish, and make available
to applicants for insurance, reinsurance, guarantees,
financing, or other assistance made available by the
Corporation under this title, the policy guidelines of the
Corporation relating to its programs.
Sec. 240.\382\ Small Business Development.--(a) \383\ In
General.--The Corporation shall undertake, in cooperation with
appropriate departments, agencies, and instrumentalities of the
United States as well as private entities and others, to
broaden the participation of United States small business,
cooperatives, and other small United States investors in the
development of small private enterprise in less developed
friendly countries or areas. The Corporation shall allocate up
to 50 percent of its annual net income, after making suitable
provision for transfers and additions to reserves, to assist
and facilitate the development of projects consistent with the
provisions of this section. Such funds may be expended,
notwithstanding the requirements of section 231(a), on such
terms and conditions as the Corporation may determine, through
loans, grants, or other programs authorized by section 234 and
section 234A.
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\382\ 22 U.S.C. 2200. Sec. 9 of Public Law 95-268 (92 Stat. 216)
added this new sec. 240. Previously, sec. 240 had concerned
agricultural credit and self-help community development projects but
had been repealed by the FA Act of 1974.
\383\ Sec. 6(a)(1) of the Overseas Private Investment Corporation
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1951) struck out
``The Corporation'' and inserted in lieu thereof ``(a) In General.--The
Corporation''.
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(b) \384\ Outreach to Minority-Owned and Women-Owned
Businesses.--The Corporation shall collect data on the
involvement of minority- and women-owned businesses in projects
supported by the Corporation, including--
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\384\ Sec. 6(a)(2) of the Overseas Private Investment Corporation
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1951) added
subsec. (b).
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(1) the amount of insurance and financing provided by
the Corporation to such businesses in connection with
projects supported by the Corporation; and
(2) to the extent such information is available, the
involvement of such businesses in procurement
activities conducted or supported by the Corporation.
The Corporation shall include, in its annual report submitted
to the Congress under section 240A, the aggregate data
collected under this paragraph, in such form as to quantify the
effectiveness of the Corporation's outreach activities to
minority- and women-owned businesses.
Sec. 240A.\385\ Reports to the Congress.--(a) \386\ After
the end of each fiscal year, the Corporation shall submit to
the Congress a complete and detailed report of its operations
during such fiscal year. Such report shall include--
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\385\ 22 U.S.C. 2200a. Sec. 240A, as added by sec. 105 of the FA
Act of 1969 and amended by sec. 2(7) of Public Law 93-390, was amended
and restated by sec. 10 of Public Law 95-268 (92 Stat. 216).
Sec. 914 of the Energy Independence and Security Act of 2007
(Public Law 110-140; 121 Stat. 1727; 42 U.S.C. 17334) provides the
following:
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``sec. 914. actions by overseas private investment corporation.
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``(a) Sense of Congress.--It is the sense of Congress that the
Overseas Private Investment Corporation should promote greater
investment in clean and efficient energy technologies by--
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``(1) proactively reaching out to United States companies that are
interested in investing in clean and efficient energy technologies in
countries that are significant contributors to global greenhouse gas
emissions;
``(2) giving preferential treatment to the evaluation and awarding of
projects that involve the investment or utilization of clean and efficient
energy technologies; and
``(3) providing greater flexibility in supporting projects that involve
the investment or utilization of clean and efficient energy technologies,
including financing, insurance, and other assistance.
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``(b) Report.--The Overseas Private Investment Corporation shall
include in its annual report required under section 240A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2200a)--
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``(1) a description of the activities carried out to implement this
section; or
``(2) if the Corporation did not carry out any activities to implement
this section, an explanation of the reasons therefor.''.
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\386\ Sec. 14(a)(1) of the OPIC Amendments Act (Public Law 99-204;
99 Stat. 1674) inserted ``(a)'' before ``After''.
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(1) an assessment, based upon the development impact
profiles required by section 239(h), of the economic
and social development impact and benefits of the
projects with respect to which such profiles are
prepared, and of the extent to which the operations of
Corporation complement or are compatible with the
development assistance programs of the United States
and other donors; and
(2) a description of any project for which the
Corporation--
(A) refused to provide any insurance,
reinsurance, guaranty, financing, or other
financial support, on account of violations of
human rights referred to in section 239(i); or
(B) notwithstanding such violations, provided
such insurance, reinsurance, guaranty,
financing, or financial support, on the basis
of a determination (i) that the project will
directly benefit the needy people in the
country in which the project is located, or
(ii) that the national security interest so
requires.
(b) \387\ (1) Each annual report required by subsection (a)
shall contain projections of the effects on employment in the
United States of all projects for which, during the preceding
fiscal year, the Corporation initially issued any insurance,
reinsurance, or guaranty or made any direct loan. Each such
report shall include projections of--
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\387\ Sec. 14(a)(2) of the OPIC Amendments Act (Public Law 99-204;
99 Stat. 1674) added subsecs. (b) through (e).
Previously, sec. 9(a)(2) of the OPIC Amendments Act of 1981 (Public
Law 97-65; 95 Stat. 1024) struck out an earlier subsec. (b), which
required a one-time report to Congress on the development of private
and multilateral programs for investment insurance and any reinsurance
arrangements OPIC had made with private insurance companies,
multilateral organizations and institutions, or other entities.
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(A) the amount of United States exports to be
generated by those projects, both during the start-up
phase and over a period of years;
(B) the final destination of the products to be
produced as a result of those projects; and
(C) the impact such production will have on the
production of similar products in the United States
with regard to both domestic sales and exports.
(2) \388\ The projections required by this subsection shall
be based on an analysis of each of the projects described in
paragraph (1).
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\388\ Sec. 108 of the Jobs Through Exports Act of 1992 (Public Law
102-549; 106 Stat. 3654) struck out the former para. (2), and inserted
new paras. (2) and (3).
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(3) \388\ In reporting the projections on employment required
by this subsection, the Corporation shall specify, with respect
to each project--
(A) any loss of jobs in the United States caused by
the project, whether or not the project itself creates
other jobs;
(B) any jobs created by the project; and
(C) the country in which the project is located, and
the economic sector involved in the project.
No proprietary information may be disclosed under this
paragraph.
(c) \389\ * * * [Repealed--1988]
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\389\ Sec. 110(b)(1) of the OPIC Amendments Act of 1988, S. 2757,
enacted into law by reference in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1989 (Public Law
100-461; 102 Stat. 2268), struck out subsec. (c). Originally added by
sec. 14(a)(2) of the OPIC Amendments Act (Public Law 99-204; 99 Stat.
1674), it had required that OPIC submit to Congress not later than
December 31, 1987, a report analyzing the actual effects, as of
September 30, 1986, on employment in the United States of all projects
with respect to which any insurance, reinsurance, or guaranty issued by
the Corporation was in effect on September 30, 1986, or with respect to
which repayments on direct loans by the Corporation were being made as
of that date.
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(d) The Corporation shall maintain as part of its records--
(1) all information collected in preparing the report
required by subsection (c) (as in effect before the
enactment of the Overseas Private Investment
Corporation Amendments Act of 1988),\390\ whether the
information was collected by the Corporation itself or
by a contractor; and
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\390\ Sec. 110(b)(2) of the OPIC Amendments Act of 1988, S. 2757,
enacted into law by reference in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1989 (Public Law
100-461; 102 Stat. 2268), added the parenthetical text following
``(c)''.
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(2) a copy of the analysis of each project analyzed
in preparing the reports required by either subsection
(b) or (c) (as in effect before the enactment of the
Overseas Private Investment Corporation Amendments Act
of 1988).\390\
(e) \391\ Each annual report required by subsection (a)
shall include an assessment of programs implemented by the
Corporation under section 234A(a), including the following
information, to the extent such information is available to the
Corporation:
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\391\ Sec. 105(b) of the OPIC Amendments Act of 1988, S. 2757,
enacted into law by reference in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1989 (Public Law
100-461; 102 Stat. 2268), amended Sec. 240A by redesignating subsec.
(e) as (f) and inserting a new subsec. (e).
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(1) The nature and dollar value of political risk
insurance provided by private insurers in conjunction
with the Corporation, which the Corporation was not
permitted to provide under this title.
(2) The nature and dollar value of political risk
insurance provided by private insurers in conjunction
with the Corporation, which the Corporation was
permitted to provide under this title.
(3) The manner in which such private insurers and the
Corporation cooperated in recovery efforts and claims
management.
(f) \391\ Subsections (b) and (e) do not require the
inclusion in any report submitted pursuant to those subsections
of any information which would not be required to be made
available to the public pursuant to section 552 of title 5,
United States Code (relating to freedom of information).
SEC. 240B.\392\ PROHIBITION ON NONCOMPETITIVE AWARDING OF INSURANCE
CONTRACTS ON OPIC SUPPORTED EXPORTS.
(a) Requirement for Certification.--
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\392\ 22 U.S.C. 2200b. Sec. 109 of the Jobs Through Exports Act of
1992 (Public Law 102-549; 106 Stat. 3654) added sec. 240B. An earlier
sec. 240B, struck out by sec. 15 of Public Law 99-204 (99 Stat. 1676),
addressed the return of appropriated funds by the Corporation to the
general fund of the Treasury.
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(1) In general.--Except as provided in paragraph (3),
the investor on whose behalf insurance, reinsurance,
guaranties, or other financing is provided under this
title with respect to a project shall be required to
certify to the Corporation that any contract for the
export of goods as part of that project will include a
clause requiring that United States insurance companies
have a fair and open competitive opportunity to provide
insurance against risk of loss of such export.
(2) When certification must be made.--The investor
shall be required, in every practicable case, to so
certify before the insurance, reinsurance, guarantee,
or other financing is provided. In any case in which
such a certification is not made in advance, the
investor shall include in the certification the reasons
for the failure to make a certification in advance.
(3) Exception.--Paragraph (1) does not apply with
respect to an investor who does not, because of the
nature of the investment, have a controlling interest
in fact in the project in question.
(b) Reports by the United States Trade Representative.--The
United States Trade Representative shall review the actions of
the Corporation under subsection (a) and, after consultation
with representatives of United States insurance companies,
shall report to the Congress in the report required by section
181(b) of the Trade Act of 1974 with respect to such actions.
(c) Definitions.--For purposes of this section--
(1) the term ``United States insurance company''
includes--
(A) an individual, partnership, corporation,
holding company, or other legal entity which is
authorized, or in the case of a holding
company, subsidiaries of which are authorized,
by a State to engage in the business of issuing
insurance contracts or reinsuring the risk
underwritten by insurance companies; and
(B) foreign operations, branches, agencies,
subsidiaries, affiliates, or joint ventures of
any entity described in subparagraph (A);
(2) United States insurance companies shall be
considered to have had a ``fair and open competitive
opportunity to provide insurance'' if they--
(A) have received notice of the opportunity
to provide insurance; and
(B) have been evaluated on a
nondiscriminatory basis; and
(3) the term ``State'' includes the District of
Columbia and any commonwealth, territory, or possession
of the United States.
Title V--Disadvantaged Children in Asia \393\
Sec. 241.\394\ Assistance to Certain Disadvantaged Children
in Asia.--(a) The Congress recognizes the humanitarian needs of
disadvantaged children in Asian countries where there has been
or continues to be a heavy presence of United States military
and related personnel in recent years. Moreover, the Congress
finds that inadequate provision has been made for the care and
welfare of such disadvantaged children, particularly those
fathered by the United States citizens.
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\393\ Sec. 116 of the International Development and Food Assistance
Act of 1978 (Public Law 95-424; 92 Stat. 952) struck out the title
heading ``Development Research'' and added this new heading for title
V.
\394\ 22 U.S.C. 2201. This new sec. 241 was added by sec. 116 of
the International Development and Food Assistance Act of 1978 (Public
Law 95-424; 92 Stat. 952). Previously, sec. 241 had contained the
general authority under title V but was repealed by Public Law 94-161
(89 Stat. 849).
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(b) Accordingly, the President is authorized to expend up
to $3,000,000 \395\ of funds made available under chapter 1 of
this part, in addition to funds otherwise available for such
purposes, to help meet the needs of these disadvantaged
children in Asia by assisting in the expansion and improvement
of orphanages, hostels, day care centers, school feeding
programs, and health, education, and welfare programs.
Assistance provided under this section shall be furnished under
the auspices of and by international organizations or private
voluntary agencies operating within, and in cooperation with,
the countries of Asia where these disadvantaged children
reside.
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\395\ Sec. 903(a) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) struck out
``$2,000,000'' and inserted in lieu thereof ``$3,000,000''.
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TITLE VI--MICROENTERPRISE DEVELOPMENT ASSISTANCE \396\
Subtitle A--Grant Assistance \397\
SEC. 251.\398\ FINDINGS AND POLICY.
Congress finds and declares the following:
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\396\ Sec. 3 of the Microenterprise Results and Accountability Act
of 2004 (Public Law 108-484; 118 Stat. 3922) added title VI, secs. 251
through 255. A previous title VI, relating to the Alliance for
Progress, was added by the Foreign Assistance Act of 1962 (Public Law
87-565), and repealed by sec. 102(g)(1)(A) of the International
Development and Food Assistance Act of 1978 (Public Law 95-424; 92
Stat. 942).
\397\ Sec. 4(c)(1) of the Microenterprise Results and
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922)
inserted subtitle heading.
\398\ 22 U.S.C. 2211.
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(1) Access to financial services and the development
of microenterprise are vital factors in the stable
growth of developing countries and in the development
of free, open, and equitable international economic
systems.
(2) It is therefore in the best interest of the
United States to facilitate access to financial
services and assist the development of microenterprise
in developing countries.
(3) Access to financial services and the development
of microenterprises can be supported by programs
providing credit, savings, training, technical
assistance, business development services, and other
financial services.
(4) Given the relatively high percentage of
populations living in rural areas of developing
countries, and the combined high incidence of poverty
in rural areas and growing income inequality between
rural and urban markets, microenterprise programs
should target both rural and urban poor.
(5) Microenterprise programs have been successful and
should continue to empower vulnerable women in the
developing world. The Agency should work to ensure that
recipients of microenterprise and microfinance
development assistance under this title communicate and
work with nongovernmental organizations and government
organizations to identify and assist victims of
trafficking as provided for in section 106(a)(1) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7104(a)(1); Public Law 106-386) and women who are
victims of or susceptible to other forms of
exploitation and violence.
(6) Given that microenterprise programs have been
successful in empowering disenfranchised groups such as
women, microenterprise programs should also target
populations disenfranchised due to race or ethnicity in
countries where a strong relationship between poverty
and race or ethnicity has been demonstrated, such as
countries in Latin America.
SEC. 252.\399\ AUTHORIZATION; IMPLEMENTATION; TARGETED ASSISTANCE.
(a) Authorization.--The President is authorized to provide
assistance on a non-reimbursable basis for programs in
developing countries to increase the availability of credit,
savings, and other services to microfinance and microenterprise
clients lacking full access to capital, training, technical
assistance, and business development services, through--
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\399\ 22 U.S.C. 2211a.
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(1) assistance for the purpose of expanding the
availability of credit, savings, and other financial
and non-financial services to microfinance and
microenterprise clients;
(2) assistance for the purpose of training, technical
assistance, and business development services for
microenterprises to enable them to make better use of
credit, to better manage their enterprises, to conduct
market analysis and product development for expanding
domestic and international sales, particularly to
United States markets, and to increase their income and
build their assets;
(3) capacity-building for microfinance and
microenterprise institutions in order to enable them to
better meet the credit, savings, and training needs of
microfinance and microenterprise clients; and
(4) policy, regulatory programs, and research at the
country level that improve the environment for
microfinance and microenterprise clients and
institutions that serve the poor and very poor.
(b) Implementation.--
(1) Office of microenterprise development.--There is
established within the Agency an office of
microenterprise development, which shall be headed by a
Director who shall be appointed by the Administrator
and who should possess technical expertise and ability
to offer leadership in the field of microenterprise
development.
(2) Additional provisions.--
(A) Use of implementing partner
organizations.--Assistance under this section
shall emphasize the use of implementing partner
organizations that best meet the requirements
of subparagraph (C).
(B) Use of central funding mechanisms.--
(i) Program.--In order to ensure that
assistance under this title is
distributed effectively and
efficiently, the office shall also seek
to implement a program of central
funding under which assistance is
administered directly by the office,
including through targeted core support
for microfinance and microenterprise
networks and other practitioners.
(ii) Funding.--Of the amount made
available to carry out this subtitle
for a fiscal year, not less than
$25,000,000 should be made available to
carry out clause (i).
(C) Efficiency and cost-effectiveness.--
Assistance under this section shall meet high
standards of efficiency, cost-effectiveness,
and sustainability and shall especially provide
the greatest possible resources to the poor and
very poor. When administering assistance under
this section, the Administrator shall--
(i) take into consideration the
percentage of funds a provider of
assistance intends to expend on
administrative costs;
(ii) take all appropriate steps to
ensure that the provider of assistance
keeps administrative costs as low as
practicable to ensure the maximum
amount of funds are used for directly
assisting microfinance and
microenterprise clients, for
establishing sustainable microfinance
and microenterprise institutions, or
for advancing the microenterprise
development field; and
(iii) give preference to proposals
from providers of assistance that are
the most technically competitive and
have a reasonable allocation to
overhead and administrative costs.
(3) Approval of strategic plans.--With respect to
assistance provided under this section, the office
shall be responsible for concurring in the
microenterprise development components of strategic
plans of missions, bureaus, and other offices of the
Agency and providing technical support to field
missions to help the missions prepare such components.
(c) Targeted Assistance.--In carrying out sustainable
poverty-focused programs under subsection (a), 50 percent of
all microenterprise resources shall be targeted to clients who
are very poor. Specifically, until September 30, 2006, such
resources shall be used for--
(1) support of programs under this section through
practitioner institutions that--
(A) provide credit and other financial
services to clients who are very poor, with
loans in 1995 United States dollars of--
(i) $1,000 or less in the Europe and
Eurasia region;
(ii) $400 or less in the Latin
America region; and
(iii) $300 or less in the rest of the
world; and
(B) can cover their costs in a reasonable
time period; or
(2) demand-driven business development programs that
achieve reasonable cost recovery that are provided to
clients holding poverty loans (as defined by the
regional poverty loan limitations in paragraph (1)(A)),
whether they are provided by microfinance institutions
or by specialized business development services
providers.
SEC. 253.\400\ MONITORING SYSTEM.
(a) In General.--In order to maximize the sustainable
development impact of assistance authorized under section
252(a), the Administrator of the Agency, acting through the
Director of the office, shall strengthen its monitoring system
to meet the requirements of subsection (b).
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\400\ 22 U.S.C. 2211b.
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(b) Requirements.--The requirements referred to in
subsection (a) are the following:
(1) The monitoring system shall include performance
goals for the assistance and expresses such goals in an
objective and quantifiable form, to the extent
feasible.
(2) The monitoring system shall include performance
indicators to be used in measuring or assessing the
achievement of the performance goals described in
paragraph (1) and the objectives of the assistance
authorized under section 252.
(3) The monitoring system provides a basis for
recommendations for adjustments to the assistance to
enhance the sustainability and the impact of the
assistance, particularly the impact of such assistance
on the very poor, particularly poor women.
(4) The monitoring system adopts the widespread use
of proven and effective poverty assessment tools to
successfully identify the very poor and ensure that
they receive adequate access to microenterprise loans,
savings, and assistance.
SEC. 254.\401\ DEVELOPMENT AND CERTIFICATION OF POVERTY MEASUREMENT
METHODS; APPLICATION OF METHODS.
(a) Development and Certification.--
(1) In general.--The Administrator of the Agency, in
consultation with microenterprise institutions and
other appropriate organizations, shall develop no fewer
than two low-cost methods for implementing partner
organizations to use to assess the poverty levels of
their current incoming or prospective clients. The
Administrator shall develop poverty indicators that
correlate with the circumstances of the very poor.
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\401\ 22 U.S.C. 2211c.
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(2) Field testing.--The Administrator shall field-
test the methods developed under paragraph (1). As part
of the testing, institutions and programs may use the
methods on a voluntary basis to demonstrate their
ability to reach the very poor.
(3) Certification.--Not later than April 1, 2005, the
Administrator shall, from among the low-cost poverty
measurement methods developed under paragraph (1),
certify no fewer than two such methods as approved
methods for measuring the poverty levels of current,
incoming, or prospective clients of microenterprise
institutions for purposes of assistance under section
252.
(b) Application.--The Administrator shall require that,
with reasonable exceptions, all implementing partner
organizations applying for microenterprise assistance under
this title use one of the certified methods, beginning not
later than October 1, 2006, to determine and report the poverty
levels of current, incoming, or prospective clients.
SEC. 255.\402\ ADDITIONAL AUTHORITIES.
Notwithstanding any other provision of law, amounts made
available for assistance for microenterprise development
assistance under any provision of law other than this title may
be provided to further the purposes of this title. To the
extent assistance described in the preceding sentence is
provided in accordance with such sentence, the Administrator of
the Agency shall include, as part of the report required under
section 258, a detailed description of such assistance and, to
the extent applicable, the information required by paragraphs
(1) through (11) of subsection (b) of such section with respect
to such assistance.
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\402\ 22 U.S.C. 2211d.
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Subtitle B--Credit Assistance \403\
SEC. 256.\404\ MICROENTERPRISE DEVELOPMENT CREDITS.
(a) Findings and Policy.--Congress finds and declares
that--
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\403\ Sec. 4(c)(2) of the Microenterprise Results and
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922)
inserted subtitle heading.
\404\ 22 U.S.C. 2212. Formerly at sec. 108 (22 U.S.C. 2151f),
transferred and redesignated as sec. 256 by sec. 4(a) and (b) of the
Microenterprise Results and Accountability Act of 2004 (Public Law 108-
484; 118 Stat. 3922). Other legislative references in this note,
enacted prior to transfer and redesignation, refer to sec. 108.
Formerly titled ``Private Sector Revolving Fund''; amended and
restated by sec. 106 of the Microenterprise for Self-Reliance Act of
2000 (title I of Public Law 106-309; 114 Stat. 1085) to read ``MICRO-
AND SMALL ENTERPRISE DEVELOPMENT CREDITS''. Subsequently amended by
sec. 2(f) of Public Law 108-31 (117 Stat. 775) to read
``MICROENTERPRISE DEVELOPMENT CREDITS''. Earlier versions of the
section were added by the International Security and Development
Assistance Authorization Act of 1983 (sec. 101(b)(2) of the Further
Continuing Appropriations, 1984; Public Law 98-151; 97 Stat. 972), and
by sec. 2211 of the Omnibus Trade and Competitiveness Act of 1988
(Public Law 100-418; 102 Stat. 1335). Previously, the section
authorized up to $18,000,000 in each of fiscal year 1986 and fiscal
year 1987 to be deposited in the Private Sector Revolving Fund.
Sec. 4 of Public Law 108-31 (117 Stat. 775; 22 U.S.C. 2151f note),
as amended, provided the following:
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``sec. 4. report to congress.
``Not later than September 30, 2005, the Administrator of the United
States Agency for International Development shall submit to Congress a
report that documents the process of developing and applying poverty
assessment procedures with its partners.''.
(1) the development of micro- and small enterprises
is a vital factor in the stable growth of developing
countries and in the development and stability of a
free, open, and equitable international economic
system; and
(2) it is, therefore, in the best interests of the
United States to assist the access to financial
services and the development of microenterprises \405\
in developing countries and to engage the United States
private sector in that process.
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\405\ Sec. 2(a) of Public Law 108-31 (117 Stat. 775) struck out
``the development of the enterprises of the poor'' and inserted in lieu
thereof ``the access to financial services and the development of
microenterprises''.
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(b) \406\ Program.--To carry out the policy set forth in
subsection (a), the President is authorized to provide
assistance to increase the availability of financial services
to microenterprise households lacking full access to credit,
including through--
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\406\ Sec. 2(b) of Public Law 108-31 (117 Stat. 775) amended and
restated subsec. (b). It formerly read as follows:
``(b) Program.--To carry out the policy set forth in subsection
(a), the President is authorized to provide assistance to increase the
availability of credit to micro- and small enterprises lacking full
access to credit, including through--
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``(1) loans and guarantees to credit institutions for the purpose of
expanding the availability of credit to micro- and small enterprises;
``(2) training programs for lenders in order to enable them to better
meet the credit needs of microentrepreneurs; and
``(3) training programs for microentrepreneurs in order to enable them to
make better use of credit and to better manage their enterprises.''.
(1) loans and guarantees to microfinance institutions
for the purpose of expanding the availability of
savings and credit to poor and low-income households;
(2) training programs for microfinance institutions
in order to enable them to better meet the financial
services needs of their clients; and
(3) training programs for clients in order to enable
them to make better use of credit, increase their
financial literacy, and to better manage their
enterprises to improve their quality of life.
(c) Eligibility Criteria.--The Administrator of the Agency
\407\ shall establish criteria for determining which
microfinance institutions \408\ described in subsection (b)(1)
are eligible to carry out activities, with respect to
microenterprise households,\409\ assisted under this section.
Such criteria may include the following:
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\407\ Sec. 4(c)(3)(A) of the Microenterprise Results and
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) struck
out ``Administrator of the agency primarily responsible for
administering this part'' and inserted in lieu thereof ``Administrator
of the Agency''.
\408\ Sec. 2(c)(1)(A) of Public Law 108-31 (117 Stat. 775) struck
out ``credit institutions'' and inserted in lieu thereof ``microfinance
institutions''.
\409\ Sec. 2(c)(1)(B) of Public Law 108-31 (117 Stat. 775) struck
out ``micro- and small enterprises'' and inserted in lieu thereof
``microenterprise households''.
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(1) The extent to which the recipients of financial
services \410\ from the entity do not have access to
the local formal financial sector.
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\410\ Sec. 2(c)(2) of Public Law 108-31 (117 Stat. 775) struck out
``credit'' and inserted in lieu thereof ``financial services''.
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(2) The extent to which the recipients of financial
services \410\ from the entity are among the poorest
people in the country.
(3) The extent to which the entity is oriented toward
working directly with poor women.
(4) The extent to which the entity recovers its cost
of lending.
(5) The extent to which the entity implements a plan
to become financially sustainable.
(d) Additional Requirement.--Assistance provided under this
section may only be used to support programs for
microenterprise households \411\ and may not be used to support
programs not directly related to the purposes described in
subsection (b).
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\411\ Sec. 2(d) of Public Law 108-31 (117 Stat. 775) struck out
``micro- and small enterprise programs'' and inserted in lieu thereof
``programs for microenterprise households''.
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(e) Procurement Provision.--Assistance may be provided
under this section without regard to section 604(a).
(f) Availability of Funds.--
(1) In general.--Of the amounts authorized to be
available to carry out this part,\412\ there are
authorized to be available such sums as may be
necessary for each of the fiscal years 2005 through
2009 \413\ to carry out this section.\414\
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\412\ Sec. 4(c)(3)(B)(i) of the Microenterprise Results and
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) struck
out ``section 131'' and inserted in lieu thereof ``this part''.
\413\ Sec. 4(c)(3)(B)(ii) of the Microenterprise Results and
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) struck
out ``$1,500,000 for each of fiscal years 2001 through 2004'' and
inserted in lieu thereof ``such sums as may be necessary for each of
the fiscal years 2005 through 2009''.
Previously, sec. 2(e) of Public Law 108-31 (117 Stat. 775) struck
out ``for each of fiscal years 2001 and 2002'' and inserted in lieu
thereof ``for each of fiscal years 2001 through 2004''.
\414\ Title III of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 845), provides the following:
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``development credit authority
``(including transfer of funds)
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``For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 256 and 635 of the Foreign Assistance Act of 1961, up to
$25,000,000 may be derived by transfer from funds appropriated by this
Act to carry out part I of such Act and under the heading `Assistance
for Europe, Eurasia and Central Asia': Provided, That funds provided
under this paragraph and funds provided as a gift pursuant to section
635(d) of the Foreign Assistance Act of 1961 shall be made available
only for micro and small enterprise programs, urban programs, and other
programs which further the purposes of part I of such Act: Provided
further, That such costs, including the cost of modifying such direct
and guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
funds made available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior Acts, and
funds used for such costs shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
the provisions of section 107A(d) (relating to general provisions
applicable to the Development Credit Authority) of the Foreign
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as
reported by the House Committee on International Relations on May 9,
1997, shall be applicable to direct loans and loan guarantees provided
under this heading: Provided further, That these funds are available to
subsidize total loan principal, any portion of which is to be
guaranteed, of up to $700,000,000.
``In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for International
Development, $8,000,000, which may be transferred to, and merged with,
funds made available under the heading `Operating Expenses' in title II
of this Act: Provided, That funds made available under this heading
shall remain available until September 30, 2011.''.
Sec. 306 of H.R. 1486, as reported by the Committee on
International Relations, May 9, 1997 (H. Rept. 105-94), sought to amend
the Foreign Assistance Act of 1961 by adding a new sec. 107A to
establish the President's authority to use development credit authority
where recipients would otherwise not have access to such credit and
that credit would be in keeping with U.S. development purposes. Sec.
107A(d), as referred to in the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2005, would have provided the
following, if enacted:
``(d) General Provisions Applicable to Development Credit
Authority.--
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``(1) Policy provisions.--In providing the credit assistance authorized
by this section, the President should apply, as appropriate, the policy
provisions in this part applicable to development assistance activities.
``(2) Default and procurement provisions.--
``(A) Default provision.--The provisions of section 620(q) of this Act,
or any comparable provisions of law, shall not be construed to prohibit
assistance to a country in the event that a private sector recipient of
assistance furnished under this section is in default in its payment to the
United States for the period specified in such section.
``(B) Procurement provision.--Assistance may be provided under this
section without regard to section 604(a) of this Act.
``(3) Terms and conditions of credit assistance.--(A) Assistance provided
under this section shall be offered on such terms and conditions, including
fees charged, as the President may determine.
``(B) The principal amount of loans made or guaranteed under this section
in any fiscal year, with respect to any single country or borrower, may not
exceed $100,000,000.
``(C) No payment may be made under any guarantee issued under this
section for any loss arising out of fraud or misrepresentation for which
the party seeking payment is responsible.
``(4) Full faith and credit.--All guarantees issued under this section
shall constitute obligations, in accordance with the terms of such
guarantees, of the United States of America and the full faith and credit
of the United States of America is hereby pledged for the full payment and
performance of such obligations to the extent of the guarantee.
``(5) Co-financing and risk sharing.--
``(A) In general.--(i) Assistance provided under this section shall be in
the form of co-financing or risk sharing.
``(ii) Credit assistance may not be provided to a borrower under this
section unless the Administrator of the United States Agency for
International Development determines that there are reasonable prospects of
repayment by such borrower.
``(B) Additional requirement.--The investment or risk of the United
States in any one development activity may not exceed 80 percent of the
total outstanding investment or risk.
``(6) Eligible borrowers.--
``(A) In general.--In order to be eligible to receive credit assistance
under this section, a borrower shall be sufficiently credit worthy so that
the estimated costs (as defined in section 502 of the Federal Credit Reform
Act of 1990) of the proposed credit assistance for the borrower does not
exceed 30 percent of the principal amount of credit assistance to be
received.
``(B) Additional requirement.--(i) In addition, with respect to the
eligibility of foreign governments as an eligible borrowers under this
section, the Administrator of the United States Agency for International
Development shall make a determination that the additional debt of the
government will not exceed the debt repayment capacity of the government.
``(ii) In making the determination under clause (i), the Administrator
shall consult, as appropriate, with international financial institutions
and other institutions or agencies that assess debt service capacity.
``(7) Assessment of credit risk.--(A) The Administrator of the United
States Agency for International Development shall use the Interagency
Country Risk Assessment System (ICRAS) and the methodology approved by the
Office of Management and Budget to assess the cost of risk credit
assistance provided under this section to foreign governments.
``(B) With respect to the provision of credit to nongovernmental
organizations, the Administrator--
``(i) shall consult with appropriate private sector institutions,
including the two largest United States private sector debt rating
agencies, prior to establishing the risk assessment standards and
methodologies to be used; and
``(ii) shall periodically consult with such institutions in reviewing the
performance of such standards and methodologies.
``(C) In addition, if the anticipated share of financing attributable to
public sector owned or controlled entities, including the United States
Agency for International Development, exceeds 49 percent, the Administrator
shall determine the cost (as defined in section 502(5) of the Federal
Credit Reform Act of 1990) of such assistance by using the cost and risk
assessment determinations of the private sector co-financing entities.
``(8) Use of united states technology, firms, and equipment.--Activities
financed under this section shall, to the maximum extent practicable, use
or employ United States technology, firms, and equipment.''.
(2) Coverage of subsidy costs.--Amounts authorized to
be available under paragraph (1) shall be made
available to cover the subsidy cost, as defined in
section 502(5) of the Federal Credit Reform Act of
1990, for activities under this section.
Subtitle C--United States Microfinance Loan Facility \415\
SEC. 257.\416\ UNITED STATES MICROFINANCE LOAN FACILITY.
(a) Establishment.--The Administrator is authorized to
establish a United States Microfinance Loan Facility (in this
section referred to as the ``Facility'') to pool and manage the
risk from natural disasters, war or civil conflict, national
financial crisis, or short-term financial movements that
threaten the long-term development of United States-supported
microfinance institutions.
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\415\ Sec. 5(c)(1) of the Microenterprise Results and
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) added
subtitle designation.
\416\ 22 U.S.C. 2213. Added by sec. 107(a) of the Microenterprise
for Self-Reliance Act of 2000 (title I of Public Law 106-309; 114 Stat.
1086) as sec. 132 (22 U.S.C. 2152b). Transferred and redesignated as
sec. 257 by sec. 5(a) and (b) of the Microenterprise Results and
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922).
Sec. 107(b) of Public Law 106-309 provided the following:
``(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Administrator of the United States Agency
for International Development shall submit to the Committee on Foreign
Relations of the Senate and the committee on International Relations of
the House of Representatives a report on the policies, rules, and
regulations of the United States Microfinance Loan Facility,
established under section 132 of the Foreign Assistance Act of 1961, as
added by subsection (a).''.
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(b) Disbursements.--
(1) In general.--The Administrator shall make
disbursements from the Facility to United States-
supported microfinance institutions to prevent the
bankruptcy of such institutions caused by--
(A) natural disasters;
(B) national wars or civil conflict; or
(C) national financial crisis or other short-
term financial movements that threaten the
long-term development of United States-
supported microfinance institutions.
(2) Form of assistance.--Assistance under this
section shall be in the form of loans or loan
guarantees for microfinance institutions that
demonstrate the capacity to resume self-sustained
operations within a reasonable time period.
(3) Congressional notification procedures.--During
each of the fiscal years 2005 through 2009,\417\ funds
may not be made available from the Facility until 15
days after notification of the proposed availability of
the funds has been provided to the congressional
committees specified in section 634A in accordance with
the procedures applicable to reprogramming
notifications under that section.
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\417\ Sec. 5(c)(2)(A) of the Microenterprise Results and
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) struck
out ``2001 and 2002'' and inserted in lieu thereof ``2005 through
2009''.
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(c) General Provisions.--
(1) Policy provisions.--In providing the credit
assistance authorized by this section, the
Administrator should apply, as appropriate, the policy
provisions in this part that are applicable to
development assistance activities.
(2) Default and procurement provisions.--
(A) Default provision.--The provisions of
section 620(q), or any comparable provision of
law, shall not be construed to prohibit
assistance to a country in the event that a
private sector recipient of assistance
furnished under this section is in default in
its payment to the United States for the period
specified in such section.
(B) Procurement provision.--Assistance may be
provided under this section without regard to
section 604(a).
(3) Terms and conditions of credit assistance.--
(A) In general.--Credit assistance provided
under this section shall be offered on such
terms and conditions, including fees charged,
as the Administrator may determine.
(B) Limitation on principal amount of
financing.--The principal amount of loans made
or guaranteed under this section in any fiscal
year, with respect to any single event, may not
exceed $30,000,000.
(C) Exception.--No payment may be made under
any guarantee issued under this section for any
loss arising out of fraud or misrepresentation
for which the party seeking payment is
responsible.
(4) Full faith and credit.--All guarantees issued
under this section shall constitute obligations, in
accordance with the terms of such guarantees, of the
United States of America, and the full faith and credit
of the United States of America is hereby pledged for
the full payment and performance of such obligations to
the extent of the guarantee.
(d) \418\ Funding.--
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\418\ Sec. 5(c)(2)(C) of the Microenterprise Results and
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) struck
out subsec. (e), which had provided definitions applicable to the
section.
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(1) Allocation of funds.--Of the amounts made
available to carry out this part for each of the fiscal
years 2005 through 2009, such sums as may be necessary
\419\ may be made available for--
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\419\ Sec. 5(c)(2)(B) of the Microenterprise Results and
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) struck
out ``this part for the fiscal year 2001, up to $5,000,000'' and
inserted in lieu thereof ``this part for each of the fiscal years 2005
through 2009, such sums as may be necessary''.
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(A) the subsidy cost, as defined in section
502(5) of the Federal Credit Reform Act of
1990, to carry out this section; and
(B) the administrative costs to carry out
this section.
(2) Relation to other funding.--Amounts made
available under paragraph (1) are in addition to
amounts available under any other provision of law to
carry out this section.
Subtitle D--Miscellaneous Provisions \420\
SEC. 258.\421\ REPORT.
(a) In General.--Not later than June 30, 2006, and each
June 30 thereafter, the Administrator of the Agency, acting
through the Director of the office, shall submit to the
appropriate congressional committees a report that contains a
detailed description of the implementation of this title for
the previous fiscal year.
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\420\ Sec. 6 of the Microenterprise Results and Accountability Act
of 2004 (Public Law 108-484; 118 Stat. 3922) added subtitle D, secs.
258 and 259.
\421\ 22 U.S.C. 2214.
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(b) Contents.--The report shall contain the following:
(1) The number of grants, cooperative agreements,
contracts, contributions, or other form of assistance
provided under section 252, with a listing of--
(A) the amount of each grant, cooperative
agreement, contract, contribution, or other
form of assistance;
(B) the name of each recipient and each
developing country with respect to which
projects or activities under the grant,
cooperative agreement, contract, contribution,
or other form of assistance were carried out;
and
(C) a listing of the number of countries
receiving assistance authorized by section 252.
(2) The results of the monitoring system required
under section 253.
(3) The process of developing and applying poverty
assessment procedures required under section 254.
(4) The percentage of assistance furnished under
section 252 that was allocated to the very poor based
on the data collected using the certified methods
required by section 254.
(5) The estimated number of the very poor reached
with assistance provided under section 252.
(6) The amount of assistance provided under section
252 through central mechanisms.
(7) The name of each country that receives assistance
under section 256 and the amount of such assistance.
(8) Information on the efforts of the Agency to
ensure that recipients of United States microenterprise
and microfinance development assistance work closely
with nongovernmental organizations and foreign
governments to identify and assist victims or potential
victims of severe forms of trafficking in persons and
women who are victims of or susceptible to other forms
of exploitation and violence.
(9) Any additional information relating to the
provision of assistance authorized by this title,
including the use of the poverty measurement tools
required by section 254, or additional information on
assistance provided by the United States to support
microenterprise development under this title or any
other provision of law.
(10) An estimate of the percentage of beneficiaries
of assistance under this title in countries where a
strong relationship between poverty and race or
ethnicity has been demonstrated.
(11) The level of funding provided through contracts,
the level of funding provided through grants,
contracts, and cooperative agreements that is estimated
to be subgranted or subcontracted, as the case may be,
to direct service providers, and an analysis of the
comparative cost-effectiveness and sustainability of
projects carried out under these mechanisms.
(c) Availability to Public.--The report required by this
section shall be made available to the public on the Internet
website of the Agency.
SEC. 259.\422\ DEFINITIONS.
In this title:
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\422\ 22 U.S.C. 2214a.
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(1) Administrator.--The term ``Administrator'' means
the Administrator of the Agency.
(2) Agency.--The term ``Agency'' means the United
States Agency for International Development.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations
of the Senate.
(4) Business development services.--The term
``business development services'' means support for the
growth of microenterprises through training, technical
assistance, marketing assistance, improved production
technologies, and other related services.
(5) Director.--The term ``Director'' means the
Director of the office.
(6) Implementing partner organization.--The term
``implementing partner organization'' means an entity
eligible to receive assistance under this title which
is--
(A) a United States or an indigenous private
voluntary organization;
(B) a United States or an indigenous credit
union;
(C) a United States or an indigenous
cooperative organization;
(D) an indigenous governmental or
nongovernmental organization;
(E) a microenterprise institution;
(F) a microfinance institution; or
(G) a practitioner institution.
(7) Microenterprise institution.--The term
``microenterprise institution'' means a not-for-profit
entity that provides services, including microfinance,
training, or business development services, for
microenterprise clients in foreign countries.
(8) Microfinance institution.--The term
``microfinance institution'' means a not-for-profit
entity or a regulated financial intermediary that
directly provides, or works to expand, the availability
of credit, savings, and other financial services to
microfinance and microenterprise clients in foreign
countries.
(9) Microfinance network.--The term ``microfinance
network'' means an affiliated group of practitioner
institutions that provides services to its members,
including financing, technical assistance, and
accreditation, for the purpose of promoting the
financial sustainability and societal impact of
microenterprise assistance.
(10) Office.--The term ``office'' means the office of
microenterprise development established under section
252(b)(1).
(11) Practitioner institution.--The term
``practitioner institution'' means a not-for-profit
entity or a regulated financial intermediary, including
a microfinance network, that provides services,
including microfinance, training, or business
development services, for microfinance and
microenterprise clients, or provides assistance to
microenterprise institutions in foreign countries.
(12) Private voluntary organization.--The term
``private voluntary organization'' means a not-for-
profit entity that--
(A) engages in and supports activities of an
economic or social development or humanitarian
nature for citizens in foreign countries; and
(B) is incorporated as such under the laws of
the United States, including any of its states,
territories or the District of Columbia, or of
a foreign country.
(13) United states-supported microfinance
institution.--The term ``United States-supported
microfinance institution'' means a financial
intermediary that has received funds made available
under this part for fiscal year 1980 or any subsequent
fiscal year.
(14) Very poor.--The term ``very poor'' means those
individuals--
(A) living in the bottom 50 percent below the
poverty line established by the national
government of the country in which those
individuals live; or
(B) living on less than the equivalent of $1
per day (as calculated using the purchasing
power parity (PPP) exchange rate method).
Title VII--Evaluation of Programs \423\ * * * [Repealed--1978]
Title VIII--Southeast Asia Multilateral and Regional Programs \424\ * *
* [Repealed--1978]
Title IX--Utilization of Democratic Institutions in Development \425\
Sec. 281.\426\ Utilization of Democratic Institutions in
Development.--(a) \427\ In carrying out programs authorized in
this chapter and chapter 1,\428\ emphasis shall be placed on
assuring maximum participation in the task of economic
development on the part of the people of the developing
countries, through the encouragement of democratic private and
local governmental institutions.
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\423\ Title VII, as added by the FA Act of 1963 (Public Law 88-
205), was repealed by sec. 102(g)(1)(A) of the International
Development and Food Assistance Act of 1978 (Public Law 95-424; 92
Stat. 942).
\424\ Title VIII, as added by the FA Act of 1966 (Public Law 89-
583), was repealed by sec. 102(g)(1)(A) of the International
Development and Food Assistance Act of 1978 (92 Stat. 942).
\425\ Sec. 106 of the FA Act of 1966 (Public Law 89-583) added
title IX.
\426\ 22 U.S.C. 2218. Sec. 106 of the FA Act of 1966 (Public Law
89-583) added sec. 281.
\427\ Sec. 108 of the FA Act of 1967 (Public Law 90-137) inserted
subsec. designation ``(a)'' and added subsecs. (b), (c) and (d).
\428\ Sec. 102(g)(2)(A) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) inserted ``and
chapter 1''.
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(b) \427\ In order to carry out the purposes of this title,
programs under this chapter and chapter 1 \428\ shall--
(1) recognize the differing needs, desires, and
capacities of the people of the respective developing
countries and areas;
(2) use the intellectual resources of such countries
and areas in conjunction with assistance provided under
this Act so as to encourage the development of
indigenous institutions that meet their particular
requirements for sustained economic and social
progress; and
(3) support civic education and training in skills
required for effective participation in governmental
and political processes essential to self-government.
(c) \427\ In the allocation of funds for research under
this chapter and chapter 1,\428\ emphasis shall be given to
research designed to examine the political, social, and related
obstacles to development in countries receiving assistance
under part I of this Act. In particular, emphasis should be
given to research designed to increase understanding of the
ways in which development assistance can support democratic,
social and political trends in recipient countries.\429\
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\429\ Sec. 106(a) of the FA Act of 1968 (Public Law 90-554) added
the last sentence.
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(d) \427\ Emphasis shall also be given to the evaluation of
relevant past and current programs under part I of this Act and
to applying this experience so as to strengthen their
effectiveness in implementing the objectives of this title.
(e) \430\ In order to carry out the purposes of this title,
the agency primarily responsible for administering part I of
this Act, shall develop systematic programs of inservice
training to familiarize its personnel with the objectives of
this title and to increase their knowledge of the political and
social aspects of development. In addition to other funds
available for such purposes, not to exceed 1 per centum of the
funds authorized to be appropriated for grant assistance under
this chapter and chapter 1 \428\ may be used for carrying out
the objectives of this subsection.
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\430\ Sec. 106(b) of the FA Act of 1968 (Public Law 90-554) added
subsec. (e).
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Title X--Programs Relating to Population Growth \431\ * * * [Repealed--
1978]
Title XI--Food Production Targets and Reports \432\ * * * [Repealed--
1978]
Title XII--Famine Prevention and Freedom From Hunger \433\
Sec. 296.\433\ General Provisions.--(a) \434\ The Congress
declares that, in order to achieve the mutual goals among
nations of ensuring food security, human health, agricultural
growth, trade expansion, and the wise and sustainable use of
natural resources, the United States should mobilize the
capacities of the United States land-grant universities, other
eligible universities, and public and private partners of
universities in the United States and other countries,
consistent with sections 103 and 103A of this Act, for: (1)
global research on problems affecting food, agriculture,
forestry, and fisheries; (2) improved human capacity and
institutional resource development for the global application
of agricultural and related environmental sciences; (3)
agricultural development and trade research and extension
services in the United States and other countries to support
the entry of rural industries into world markets; and (4)
providing for the application of agricultural sciences to
solving food, health, nutrition, rural income, and
environmental problems, especially such problems in low-income,
food deficit countries.
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\431\ Title X, as added by the FA Act of 1967, was repealed by sec.
104(b) of the International Development and Food Assistance Act of 1978
(Public Law 95-424; 92 Stat. 947).
\432\ Title XI, as added by the FA Act of 1967, was repealed by
sec. 502(d)(1) of the International Development and Food Assistance Act
of 1978 (Public Law 95-424; 92 Stat. 959).
\433\ 22 U.S.C. 2220a. Sec. 312 of Public Law 94-161 (89 Stat. 849)
added title XII and new sec. 296.
\434\ Sec. 2(a)(1) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1427) amended
and restated the first sentence of subsec. (a). The sentence formerly
read as follows:
``The Congress declares that, in order to prevent famine and
establish freedom from hunger, the United States should strengthen the
capacities of the United States land-grant and other eligible
universities in program-related agricultural institutional development
and research, consistent with sections 103 and 103A, should improve
their participation in the United States Government's international
efforts to apply more effective agricultural sciences to the goal of
increasing world food production, and in general should provide
increased and longer term support to the application of science to
solving food and nutrition problems of the developing countries.''.
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The Congress so declares because it finds--
(A) \435\ that the establishment, endowment, and
continuing support of land-grant universities in the
United States by Federal, State, and county governments
has led to agricultural progress with and through the
private sector in this country and to understanding
processes of economic development; \436\
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\435\ Sec. 2(a)(2)(A) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1427)
redesignated paras. (1) through (7) as subparas. (A) through (G),
respectively. Sec. 2(a)(2)(E) of that Act struck out newly redesignated
subparas. (E) and (G), which had read as follows:
``(E) that research, teaching, and extension activities, and
appropriate institutional development therefor are prime factors in
increasing agricultural production abroad (as well as in the United
States) and in improving food distribution, storage, and marketing;''
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and
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``(G) that universities need a dependable source of Federal
funding, as well as other financing, in order to expand, or in some
cases to continue, their efforts to assist in increasing agricultural
production in developing countries.''.
\436\ Sec. 2(a)(2)(B) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1427)
struck out ``in this country'' and inserted in lieu thereof ``with and
through the private sector in this country and to understanding
processes of economic development''.
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(B) \437\ that land-grant and other universities in
the United States have demonstrated over many years
their ability to cooperate with international agencies,
educational and research institutions in other
countries, the private sector, and nongovernmental
organizations worldwide, in expanding global
agricultural production, processing, business and
trade, to the benefit of aid recipient countries and of
the United States;
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\437\ Sec. 2(a)(2)(C) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1427)
amended and restated subpara. (B). It formerly read as follows:
``(B) that land-grant and other universities in the United States
have demonstrated over many years their ability to cooperate with
foreign agricultural institutions in expanding indigenous food
production for both domestic and international markets;''.
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(C) \438\ that, in a world of growing populations
with rising expectations, increased food production and
improved distribution, storage, and marketing in the
developing countries is necessary not only to prevent
hunger and ensure human health and child survival, but
to build the basis for economic growth and trade, and
the social security in which democracy and a market
economy can thrive, and moreover, that the greatest
potential for increasing world food supplies and
incomes to purchase food is in the developing countries
where the gap between food need and food supply is the
greatest and current incomes are lowest;
---------------------------------------------------------------------------
\438\ Sec. 2(a)(2)(D) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428)
amended and restated subpara. (C). It formerly read as follows:
``(C) that, in a world of growing population with rising
expectations, increased food production and improved distribution,
storage, and marketing in the developing countries is necessary not
only to prevent hunger but to build the economic base for growth, and
moreover, that the greatest potential for increasing world food
supplies is in the developing countries where the gap between food need
and food supply is the greatest and current yields are lowest;''.
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(D) \435\ that increasing and making more secure the
supply of food is of greatest benefit to the poorest
majority in the developing world;
(E) \439\ that, with expanding global markets and
increasing imports into many countries, including the
United States, food safety and quality, as well as
secure supply, have emerged as mutual concerns of all
countries;
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\439\ Sec. 2(a)(2)(H) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428)
added subparas. (E) and (F).
---------------------------------------------------------------------------
(F) \439\ that research, teaching, and extension
activities, and appropriate institutional and policy
development therefore are prime factors in improving
agricultural production, food distribution, processing,
storage, and marketing abroad (as well as in the United
States);
(G) \440\ moreover, that agricultural research abroad
has in the past and will continue in the future to
provide benefits for agriculture and the broader
economy of the United States and that increasing the
availability of food of higher nutritional quality is
of benefit to all; \441\
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\440\ Sec. 2(a)(2)(F) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428)
struck out ``and'' at the end of this subpara.; subpara. (G) of that
sec. redesignated this subpara. as subpara. (G).
\441\ Sec. 2(a)(2)(I) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428)
struck out ``in the United States'' and inserted in lieu thereof ``and
the broader economy of the United States''.
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(H) \442\ that there is a need to responsibly manage
the world's agricultural and natural resources for
sustained productivity, health and resilience to
climate variability; and
---------------------------------------------------------------------------
\442\ Sec. 2(a)(2)(J) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428)
added subparas. (H) and (I).
---------------------------------------------------------------------------
(I) \442\ that universities and public and private
partners of universities need a dependable source of
funding in order to increase the impact of their own
investments and those of their State governments and
constituencies, in order to continue and expand their
efforts to advance agricultural development in
cooperating countries, to translate development into
economic growth and trade for the United States and
cooperating countries, and to prepare future teachers,
researchers, extension specialists, entrepreneurs,
managers, and decisionmakers for the world economy.
(b) \443\ Accordingly, the Congress declares that, in order
to prevent famine and establish freedom from hunger, the
following components must be brought together in a coordinated
program to increase world food and fiber production,
agricultural trade, and responsible management of natural
resources, including--
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\443\ Sec. 2(b) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428) amended
and restated subsec. (b). It formerly read as follows:
``(b) Accordingly, the Congress declares that, in order to prevent
famine and establish freedom from hunger, various components must be
brought together in order to increase world food production,
including--
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``(1) strengthening the capabilities of universities to assist in
increasing agricultural production in developing countries;
``(2) institution-building programs for development of national and
regional agricultural research and extension capacities in developing
countries which need assistance;
``(3) international agricultural research centers;
``(4) contract research; and
``(5) research program grants.''.
(1) continued efforts by the international
agricultural research centers and other international
research entities to provide a global network,
including United States universities, for international
scientific collaboration on crops, livestock, forests,
fisheries, farming resources, and food systems of
worldwide importance;
(2) contract research and the implementation of
collaborative research support programs and other
research collaboration led by United States
universities, and involving research systems in other
countries focused on crops, livestock, forests,
fisheries, farming resources, and food systems, with
benefits to the United States and partner countries;
(3) broadly disseminating the benefits of global
agricultural research and development including
increased benefits for United States agriculturally
related industries through establishment of development
and trade information and service centers, for rural as
well as urban communities, through extension,
cooperatively with, and supportive of, existing public
and private trade and development related
organizations;
(4) facilitation of participation by universities and
public and private partners of universities in programs
of multilateral banks and agencies which receive United
States funds;
(5) expanding learning opportunities about global
agriculture for students, teachers, community leaders,
entrepreneurs, and the general public through
international internships and exchanges, graduate
assistantships, faculty positions, and other means of
education and extension through long-term recurring
Federal funds matched by State funds; and
(6) competitive grants through universities to United
States agriculturalists and public and private partners
of universities from other countries for research,
institution and policy development, extension,
training, and other programs for global agricultural
development, trade, and responsible management of
natural resources.
(c) The United States should--
(1) effectively involve the United States land-grant
and other eligible universities more extensively in
each of the program components described in paragraphs
(1) through (6) of subsection (b); \444\
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\444\ Sec. 2(c)(1) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429) struck out
``each component'' and inserted in lieu thereof ``each of the program
components described in paragraphs (1) through (6) of subsection (b)''.
---------------------------------------------------------------------------
(2) provide mechanisms for the universities and
public and private partners of universities \445\ to
participate and advise in the planning, development,
implementation, and administration of each component;
\445\
---------------------------------------------------------------------------
\445\ Sec. 2(c)(2)(A) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429)
inserted ``and public and private partners of universities'' after
``for the universities''. Sec. 2(c)(2)(B) of that Act struck out
``and'' at the end of para. (2).
---------------------------------------------------------------------------
(3) assist such universities and public and private
partners of universities \446\ in cooperative joint
efforts with--
---------------------------------------------------------------------------
\446\ Sec. 2(c)(3)(A) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429)
inserted ``and public and private partners of universities'' after
``such universities''.
---------------------------------------------------------------------------
(A) agricultural institutions in developing
nations; \447\
---------------------------------------------------------------------------
\447\ Sec. 2(c)(3)(B) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429)
struck out ``, and'' and inserted in lieu thereof a semicolon.
---------------------------------------------------------------------------
(B) regional and international agricultural
research centers; \448\
---------------------------------------------------------------------------
\448\ Sec. 2(c)(3)(C) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429)
replaced a comma with a semicolon. Sec. 2(c)(3)(D) of that Act struck
out a phrase following subpara. (B), which had read as follows:
``directed to strengthening their joint and respective capabilities
and to engage them more effectively in research, teaching, and
extension activities for solving problems in food production,
distribution, storage, marketing, and consumption in agriculturally
underdeveloped nations.''.
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(C) \449\ multilateral banks and agencies
receiving United States funds;
---------------------------------------------------------------------------
\449\ Sec. 2(c)(2)(E) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429)
added subparas. (C), (D), and (E).
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(D) \449\ development agencies of other
countries; and
(E) \449\ United States Government foreign
assistance and economic cooperation programs;
(4) \450\ generally engage the United States
university community more extensively in the
agricultural research, trade, and development
initiatives undertaken outside the United States, with
the objectives of strengthening its capacity to carry
out research, teaching, and extension activities for
solving problems in food production, processing,
marketing, and consumption in agriculturally developing
nations, and for transforming progress in global
agricultural research and development into economic
growth, trade, and trade benefits for aid recipient
countries and United States communities and industries,
and for the wise use of natural resources; and
---------------------------------------------------------------------------
\450\ Sec. 2(c)(4) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430) added
paras. (4) and (5).
---------------------------------------------------------------------------
(5) \450\ ensure that all federally funded support to
universities and public and private partners of
universities relating to the goals of this title is
periodically reviewed for its performance.
(d) As used in this title, the term ``universities'' means
those colleges or universities in each State, territory, or
possession of the United States, or the District of Columbia,
now receiving, or which may hereafter receive, benefits under
the Act of July 2, 1862 (known as the First Morrill Act), or
the Act of August 30, 1890 (known as the Second Morrill Act),
which are commonly known as ``land-grant'' universities;
institutions now designated or which may hereafter be
designated as sea-grant colleges under the Act of October 15,
1966 (known as the National Sea Grant College and Program Act),
which are commonly known as sea-grant colleges; Native American
land-grant colleges as authorized under the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note);
\451\ and other United States colleges and universities which--
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\451\ Sec. 2(d)(1) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430) inserted
``Native American land-grant colleges as authorized under the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note);'' after
``sea-grant colleges;''.
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(1) have demonstrable capacity in teaching, research,
and extension (including outreach) \452\ activities in
the agricultural sciences; and
---------------------------------------------------------------------------
\452\ Sec. 2(d)(2) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430) struck out
``extension'' and inserted in lieu thereof ``extension (through
outreach)''.
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(2) can contribute effectively to the attainment of
the objective of this title.
(e) As used in this title, the term ``Administrator'' means
the Administrator of the United States \453\ Agency for
International Development.\454\
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\453\ Sec. 2(e) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430) inserted
``United States'' before ``Agency''.
\454\ Sec. 6 of Reorganization Plan No. 2 of 1979 (establishing
IDCA), transferred all responsibilities and functions vested in this
subsection from the Administrator to the Director of IDCA. The
Reorganization Plan No. 2 of 1979 ceased to be effective with enactment
of the Foreign Affairs Reform and Restructuring Act of 1998, pursuant
to sec. 1422(a)(1) (division G of Public Law 105-277; 112 Stat. 2681).
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(f) \455\ As used in this title, the term ``public and
private partners of universities'' includes entities that have
cooperative or contractual agreements with universities, which
may include formal or informal associations of universities,
other education institutions, United States Government and
State agencies, private voluntary organizations,
nongovernmental organizations, firms operated for profit,
nonprofit organizations, multinational banks, and, as
designated by the Administrator, any organization, institution,
or agency incorporated in other countries.
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\455\ Added by sec. 2(f) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430).
Former subsecs. (f) and (g), which defined the terms
``agriculture'' and ``farmers,'' were repealed in 1978 by sec. 103(c)
of the International Development and Food Assistance Act of 1978
(Public Law 95-424; 92 Stat. 945). Similar definitions for these terms
can now be found in sec. 644 (o) and (p) of this Act.
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(g) \456\ As used in this title, the term ``agriculture''
includes the science and practice of activity related to food,
feed, and fiber production, processing, marketing,
distribution, utilization, and trade, and also includes family
and consumer sciences, nutrition, food science and engineering,
agricultural economics and other social sciences, forestry,
wildlife, fisheries, aquaculture, floraculture, veterinary
medicine, and other environmental and natural resources
sciences.
---------------------------------------------------------------------------
\456\ Added by sec. 2(g) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430).
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(h) \457\ As used in this title, the term
``agriculturists'' includes farmers, herders, and livestock
producers, individuals who fish and others employed in
cultivating and harvesting food resources from salt and fresh
waters, individuals who cultivate trees and shrubs and harvest
nontimber forest products, as well as the processors, managers,
teachers, extension specialists, researchers, policymakers, and
others who are engaged in the food, feed, and fiber system and
its relationships to natural resources.
---------------------------------------------------------------------------
\457\ Sec. 2(h) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430) added
subsec. (h).
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Sec. 297.\458\ General Authority.--(a) To carry out the
purposes of this title, the President is authorized to provide
assistance on such terms and conditions as he shall determine--
---------------------------------------------------------------------------
\458\ 22 U.S.C. 2220b. Added by sec. 312 of Public Law 94-161 (89
Stat. 849).
---------------------------------------------------------------------------
(1) \459\ to implement program components through
United States universities as authorized by paragraphs
(2) through (5) of this subsection;
---------------------------------------------------------------------------
\459\ Sec. 3(a)(1) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431) amended
and restated para. (1). It formerly read as follows:
``(1) to strengthen the capabilities of universities in teaching,
research, and extension work to enable them to implement current
programs authorized by paragraphs (2), (3), (4), and (5) of this
subsection, and those proposed in the report required by section 300 of
this title;''.
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(2) to build and strengthen the institutional
capacity and human resources skills of agriculturally
developing countries so that these countries may
participate more fully in the international
agricultural problem-solving effort and to introduce
and adapt new solutions to local circumstances;
(3) \460\ to provide long-term program support for
United States university global agricultural and
related environmental collaborative research and
learning opportunities for students, teachers,
extension specialists, researchers, and the general
public;
---------------------------------------------------------------------------
\460\ Sec. 3(a)(2) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431) amended
and restated para. (3). It formerly read, as amended, as follows:
``(3) to provide program support for long-term collaborative
university research, in the developing countries themselves to the
maximum extent practicable, on food production, distribution, storage,
marketing and consumption;''.
---------------------------------------------------------------------------
(4) to involve United States \461\ universities more
fully in the international network of agricultural
science, including the international agricultural \462\
research centers, the activities of international
organizations such as the United Nations Development
Program and the Food and Agriculture Organization,
multilateral banks, the institutions of agriculturally
developing nations, and United States and foreign
nongovernmental organizations supporting extension and
other productivity-enhancing programs; \463\ and
---------------------------------------------------------------------------
\461\ Sec. 3(a)(3)(A) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431)
inserted ``United States'' before ``universities''.
\462\ Sec. 3(a)(3)(B) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431)
inserted ``agricultural'' before ``research centers''.
\463\ Sec. 3(a)(3)(C) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431)
struck out ``and the institutions of agriculturally developing
nations'' and inserted in lieu thereof ``multilateral banks, the
institutions of agriculturally developing nations, and United States
and foreign nongovernmental organizations supporting extension and
other productivity-enhancing programs''.
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(5) to provide program support for international
agricultural research centers, to provide support for
research projects identified for specific problem-
solving needs, and to develop and strengthen national
research systems in the developing countries.
(b) Programs under this title shall be carried out so as
to--
(1) utilize and strengthen the capabilities of United
States universities with public and private partners of
universities \464\ in--
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\464\ Sec. 3(b)(1)(A) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431)
struck out ``universities'' and inserted in lieu thereof ``United
States universities with public and private partners of universities''.
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(A) developing capacity in the cooperating
nation for classroom teaching in agriculture,
plant and animal sciences, human nutrition, and
vocational and domestic arts and other relevant
fields appropriate to local needs;
(B) agricultural research to be conducted in
the cooperating nations, at international
agricultural research centers, or in the United
States;
(C) the planning, initiation, and development
of extension services through which information
concerning agriculture, environment,\465\ and
related subjects will be made available
directly to agriculturalists \466\ in the
agriculturally developing nations by means of
education and demonstration; or
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\465\ Sec. 3(b)(1)(B)(i) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431)
inserted ``, environment,'' before ``and related''.
\466\ Sec. 3(b)(1)(B)(ii) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431)
struck out ``farmers and farm families'' and inserted in lieu thereof
``agriculturalists''.
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(D) the exchange of educators, scientists,
and students for the purpose of assisting in
successful development in the cooperating
nations;
(2) take into account the value to the United States
agriculture of such programs, integrating to the extent
practicable the programs and financing authorized under
this title with those supported by other Federal or
State resources, including resources of the private
sector,\467\ so as to maximize the contribution to the
development of agriculture in the United States and in
agriculturally developing nations; and
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\467\ Sec. 3(b)(2) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431) inserted
``, including resources of the private sector,'' after ``Federal or
State resources''.
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(3) whenever practicable, build on existing programs
and institutions including those of the universities,
the Department of Agriculture, State agricultural
agencies, the Department of Commerce, the Department of
the Interior, the Environmental Protection Agency, the
Office of the United States Trade Representative, the
Food and Drug Administration, other appropriate Federal
agencies, and appropriate nongovernmental and business
organizations.\468\
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\468\ Sec. 3(b)(1)(A) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431)
struck out ``and the United States Department of Agriculture and the
United States Department of Commerce.'' and inserted in lieu thereof
``, the Department of Agriculture, State agricultural agencies, the
Department of Commerce, the Department of the Interior, the
Environmental Protection Agency, the Office of the United States Trade
Representative, the Food and Drug Administration, other appropriate
Federal agencies, and appropriate nongovernmental and business
organizations.''.
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(c) \469\ To the maximum extent practicable, activities
under this section shall--
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\469\ Sec. 113(2) of the International Development Cooperation Act
of 1979 (Public Law 96-53; 93 Stat. 364) amended and restated subsec.
(c). It formerly read as follows:
``(c) To the maximum extent practicable, activities under this
section shall (1) be designed to achieve the most effective
interrelationship among the teaching of agricultural sciences,
research, and extension work, (2) joins primarily on the needs of
agricultural producers, (3) be adapted to local circumstances, and (4)
be carried out within the developing countries.''
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(1) be directly related to the food and agricultural
needs of developing countries;
(2) \470\ focus primarily on the needs of
agricultural producers, rural families, processors,
traders, consumers, and natural resources managers;
---------------------------------------------------------------------------
\470\ Sec. 3(c)(1) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1431) amended
and restated para. (2). It formerly read as follows:
``(2) be carried out within the developing countries;''.
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(3) be adapted to local circumstances;
(4) \471\ be carried out within the developing
countries and transition countries comprising newly
emerging democracies and newly liberalized economies;
and
---------------------------------------------------------------------------
\471\ Sec. 3(c)(2) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) amended
and restated para. (4). It formerly read as follows:
``(4) provide for the most effective interrelationship between
research, education, and extension in promoting agricultural
development in developing countries; and''.
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(5) emphasize the improvement of local systems for
delivering the best available knowledge to the small
farmers of such countries.
(d) The President shall exercise his authority under this
section through the Administrator.\472\
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\472\ This authority of the Administrator was transferred to the
Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of
1979 (establishing IDCA). The Reorganization Plan No. 2 of 1979 ceased
to be effective with enactment of the Foreign Affairs Reform and
Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of
Public Law 105-277; 112 Stat. 2681).
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(e) \473\ The Administrator shall establish and carry out
special programs under this title as part of ongoing programs
for child survival, democratization, development of free
enterprise, environmental and natural resource management, and
other related programs.
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\473\ Sec. 3(d) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) added
subsec. (e).
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Sec. 298.\474\ Board for International Food and
Agricultural Development.--(a) To assist in the administration
of the programs authorized by this title, the President shall
establish a permanent Board for International Food and
Agricultural Development (hereafter in this title referred to
as the ``Board'') consisting of seven members, not less than
four to be selected from the universities. Terms of members
shall be set by the President at the time of appointment.
Members of the Board shall be entitled to such reimbursement
for expenses incurred in the performance of their duties
(including per diem in lieu of subsistence while away from
their homes or regular place of business) as the President
deems appropriate on a case-by-case basis.\475\
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\474\ 22 U.S.C. 2220c. Sec. 312 of Public Law 94-161 (89 Stat. 849)
added sec. 298.
\475\ Sec. 4(a) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) inserted
``on a case-by-case basis''.
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(b) \476\ The Board's general areas of responsibility shall
include participating in the planning, development, and
implementation of, initiating recommendations for, and
monitoring, the activities described in section 297 of this
title.
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\476\ Sec. 4(b) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) amended
and restated subsec. (b). It formerly read as follows:
``(b) The Board's general areas of responsibility shall include,
but not be limited to--
---------------------------------------------------------------------------
``(1) participating in the planning, development, and implementation of,
``(2) initiating recommendations for, and
``(3) monitoring of,
---------------------------------------------------------------------------
the activities described in section 297 of this title.''.
---------------------------------------------------------------------------
(c) The Board's duties shall include, but not necessarily
be limited to--
(1) participating in the formulation of basic policy,
procedures, and criteria for project proposal review,
selection, and monitoring;
(2) developing and keeping current a roster of
universities--
(A) interested in exploring their potential
for collaborative relationships with
agricultural institutions, and with scientists
working on significant programs designed to
improve agricultural production, trade, and
natural resource management in developing
countries, and with private organizations
seeking to increase agricultural production and
trade, natural resources management, and
household food security in developing and
transition countries; \477\
---------------------------------------------------------------------------
\477\ Sec. 4(c)(1)(A) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432)
struck out ``increase food production in developing countries,'' and
inserted in lieu thereof ``improve agricultural production, trade, and
natural resource management in developing countries, and with private
organizations seeking to increase agricultural production and trade,
natural resources management, and household food security in developing
and transition countries;''.
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(B) having capacity in the agricultural,
environmental, and related social \478\
sciences,
---------------------------------------------------------------------------
\478\ Sec. 4(c)(1)(B) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432)
inserted ``, environmental, and related social'' before ``sciences''.
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(C) able to maintain an appropriate balance
of teaching, research, and extension functions,
(D) having capacity, experience, and
commitment with respect to international
agricultural efforts, and
(E) able to contribute to solving the
problems addressed by this title;
(3) recommending which developing nations could
benefit from programs carried out under this title, and
identifying those nations which have an interest in
establishing or developing agricultural institutions
which engage in teaching, research, or extension
activities;
(4) reviewing and evaluating memorandums of
understanding or other documents that detail the terms
and conditions between the Administrator and
universities and their partners \479\ participating in
programs under this title;
---------------------------------------------------------------------------
\479\ Sec. 4(c)(2) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) inserted
``and their partners'' after ``Administrator and universities''.
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(5) reviewing and evaluating agreements and
activities authorized by this title and undertaken by
universities and public and private partners of
universities \480\ to assure compliance with the
purposes of this title;
---------------------------------------------------------------------------
\480\ Sec. 4(c)(3) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) inserted
``and public and private partners of universities'' after
``universities''.
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(6) \481\ recommending to the Administrator the
apportionment of funds under section 297 of this title;
\482\
---------------------------------------------------------------------------
\481\ This function of the Administrator was transferred to the
Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of
1979 (establishing IDCA). The Reorganization Plan No. 2 of 1979 ceased
to be effective with enactment of the Foreign Affairs Reform and
Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of
Public Law 105-277; 112 Stat. 2681).
\482\ Sec. 4(c)(4) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) struck out
``and'' at the end of para. (6).
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(7) assessing the impact of programs carried out
under this title in solving agricultural problems and
natural resource issues in the developing nations,
assuring efficiency in use of Federal resources,
including in accordance with the Governmental \483\
Performance and Results Act of 1993 (Public Law 103-62;
107 Stat. 285), and the amendments made by that Act;
\484\
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\483\ As enrolled. Should read ``Government''.
\484\ Sec. 4(c)(5) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) struck out
``in the developing nations.'' and inserted in lieu thereof ``and
natural resource issues in the developing nations, assuring efficiency
in use of Federal resources, including in accordance with the
Governmental [sic] Performance and Results Act of 1993 (Public Law 103-
62; 107 Stat. 285), and the amendments made by that Act;''.
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(8) \485\ developing information exchanges and
consulting regularly with nongovernmental
organizations, consumer groups, producers,
agribusinesses and associations, agricultural
cooperatives and commodity groups, State departments of
agriculture, State agricultural research and extension
agencies, and academic institutions;
---------------------------------------------------------------------------
\485\ Sec. 4(c)(6) of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1432) added
paras. (8), (9), and (10).
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(9) \485\ investigating and resolving issues
concerning implementation of this title as requested by
universities; and
(10) \485\ advising the Administrator on any and all
issues as requested.
(d) The President may authorize the Board to create such
subordinate units as may be necessary for the performance of
its duties, including but not limited to the following:
(1) a Joint Policy \486\ Committee to participate in
the design \487\ and development of the collaborative
activities described in section 297; \488\ and
---------------------------------------------------------------------------
\486\ Sec. 4(d)(1)(A) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1433)
struck out ``Research'' and inserted in lieu thereof ``Policy''.
\487\ Sec. 4(d)(1)(B) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1433)
struck out ``administration'' and inserted in lieu thereof ``design''.
\488\ Sec. 4(d)(1)(C) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1433)
struck out ``section 297(a)(3) of this title'' and inserted in lieu
thereof ``section 297''.
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(2) a Joint Operations Committee \489\ which shall
assist in and advise on the mechanisms and processes
for implementation of activities described in section
297.\490\
---------------------------------------------------------------------------
\489\ Sec. 4(d)(2)(A) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1433)
struck out ``Joint Committee on Country Programs'' and inserted in lieu
thereof ``Joint Operations Committee''.
\490\ Sec. 4(d)(2)(B) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1433)
struck out ``which shall assist in the implementation of the bilateral
activities described in sections 297(a)(2), 297(a)(4), and 297(a)(5).''
and inserted in lieu thereof ``which shall assist in and advise on the
mechanisms and processes for implementation of activities described in
section 297.''.
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(e) In addition to any other functions assigned to and
agreed to by the Board, the Board shall be consulted in the
preparation of the annual report required by section 300 of
this title and on other agricultural development activities
related to programs under this title.
Sec. 299.\491\ Authorization.--(a) The President is
authorized to use any of the funds hereafter made available
under section 103 of this Act to carry out the purposes of this
title. Funds made available for such purposes may be used
without regard to the provisions of sections 110(b) and 122(d)
\492\ of this Act.
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\491\ 22 U.S.C. 2220d. Sec. 312 of Public Law 94-161 (89 Stat. 849)
added sec. 299.
\492\ Sec. 102(c)(2) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 941) struck out
``110(b), 211(a), and 211(d)'' and inserted in lieu thereof ``110(b)
and 122(d)''.
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(b) Foreign currencies owned by the United States and
determined by the Secretary of the Treasury to be excess to the
needs of the United States shall be used to the maximum extent
possible in lieu of dollars in carrying out the provisions of
this title.
(c) Assistance authorized under this title shall be in
addition to any allotments or grants that may be made under
other authorizations.
(d) Universities may accept and expend funds from other
sources, public and private, in order to carry out the purposes
of this title. All such funds, both prospective and inhand,
shall be periodically disclosed to the Administrator as he
shall by regulation require, but no less often than in an
annual report.\493\
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\493\ This function of the Administrator was transferred to the
Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of
1979 (establishing IDCA). The Reorganization Plan No. 2 of 1979 ceased
to be effective with enactment of the Foreign Affairs Reform and
Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of
Public Law 105-277; 112 Stat. 2681).
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Sec. 300.\494\ Annual Report.--The President shall transmit
to the Congress, not later than September 1 \495\ of each year,
a report detailing the activities carried out pursuant to this
title during the preceding fiscal year and containing a
projection of programs and activities to be conducted during
the subsequent five fiscal years. Each report shall contain a
summary of the activities of the Board established pursuant to
section 298 of this title and may include the separate views of
the Board with respect to any aspect of the programs conducted
or proposed to be conducted under this title.
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\494\ 22 U.S.C. 2220e. Sec. 312 of Public Law 94-161 (89 Stat. 849)
added sec. 300.
\495\ Sec. 5 of the Famine Prevention and Freedom From Hunger
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1433) struck out
``April 1'' and inserted in lieu thereof ``September 1''.
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Chapter 3--International Organizations and Programs
Sec. 301.\496\ General Authority.--(a) When he determines
it to be in the national interest, the President is authorized
to make voluntary contributions on a grant basis to
international organizations and to programs administered by
such organizations, and in the case of the Indus Basin
Development Fund administered by the International Bank for
Reconstruction and Development to make grants and loans payable
as to principal and interest in United States dollars and
subject to the provisions of section 122(b),\497\ on such terms
and conditions as he may determine, in order to further the
purposes of this part.
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\496\ 22 U.S.C. 2221.
\497\ Sec. 107(a) of the FA Act of 1966 (Public Law 89-583)
inserted ``, and in the case of the Indus Basin Development Fund
administered by the International Bank for Reconstruction and
Development to make grants and loans payable as to principal and
interest in United States dollars and subject to the provisions of sec.
201(d)''. Sec. 102(b)(2)(A) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 941) struck out
``sec. 201(d)'' and inserted in lieu thereof ``sec. 122(b)''.
---------------------------------------------------------------------------
(b) \498\ * * * [Repealed--1981]
---------------------------------------------------------------------------
\498\ Subsec. (b), as amended by sec. 107(b) of the FA Act of 1966,
was repealed by sec. 734(a)(1) of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
It formerly read as follows:
``(b) Contributions to the United Nations Development Program for
the calendar years succeeding 1961 may not exceed forty per centum of
the total amount contributed for such purposes (including assessed and
audited local costs) for each such year. The President shall seek to
assure that no contribution to the United Nations Development Program
authorized by this Act shall be used for projects for economic or
technical assistance to the Government of Cuba, so long as Cuba is
governed by the Castro regime.''.
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(c) \499\ No contributions by the United States shall be
made to the United Nations Relief and Works Agency for
Palestine Refugees in the Near East except on the condition
that the United Nations Relief and Works Agency take all
possible measures to assure that no part of the United States
contribution shall be used to furnish assistance to any refugee
who is receiving military training as a member of the so-called
Palestine Liberation Army or any other guerrilla type
organization or who has engaged in any act of terrorism.
---------------------------------------------------------------------------
\499\ Subsec. (c) was amended by sec. 108(a) of the FA Act of 1969
(Public Law 91-175). It formerly read as follows: ``(c) In determining
whether or not to continue furnishing assistance for Palestine refugees
in the Near East through contributions to the United Nations Relief and
Works agency for Palestine Refugees in the Near East, the President
shall take into account (1) whether Israel and the Arab host
governments are taking steps toward the resettlement and repatriation
of such refugees, and (2) the extent and success of efforts by the
Agency and the Arab host governments to rectify the Palestine refugee
relief rolls. Contributions by the United States for the fiscal year
1967 shall not exceed $13,300,000. No contributions under this
subsection shall be made except on the condition that the United
Nations Relief and Works Agency take all possible measures to assure
that no part of the United States contribution shall be used to furnish
assistance to any refugee who is receiving military training as a
member of the so-called Palestine Liberation Army.''.
Sec. 580 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117
Stat. 213), provided the following:
---------------------------------------------------------------------------
``gao report
---------------------------------------------------------------------------
``Sec. 580. Not later than November 1, 2003, the Comptroller
General of the United States shall provide a report to the Committees
on Appropriations on the extent to which the Department of State is
complying with section 301(c) of the Foreign Assistance Act of 1961,
and on the implementation of procedures that have been established to
meet the standards of the Department of State regarding compliance with
the requirements of section 301(c).''.
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(d) \500\ In any case in which a fund established solely by
United States contributions under this or any other Act is
administered by an international organization under the terms
of an agreement between the United States and such
international organization, such agreement shall provide that
the Comptroller General of the United States shall conduct such
audits as are necessary to assure that such fund is
administered in accordance with such agreement. The President
shall undertake to modify any existing agreement entered into
before the date of enactment of this subsection to conform to
the requirements of the preceding sentence. The Comptroller
General shall report simultaneously to the Congress and the
President the results of the audit conducted under this
subsection.\501\
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\500\ Sec. 110(a) of the FA Act of 1967 (Public Law 90-137) added
subsec. (d).
\501\ Sec. 701(a) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3156) added this
sentence.
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(e) \502\ (1) In the case of the United Nations and its
affiliated organizations, including the International Atomic
Energy Agency, the President shall, acting through the United
States representative to such organizations, propose and
actively seek the establishment by the governing authorities of
such organizations of external, professionally qualified groups
\503\ of appropriate size for the purpose of providing an
independent and continuous program of selective examinations,
review, evaluation, and audits \504\ of the programs and
activities of such organizations. Such proposal shall provide
that such groups \503\ shall be established in accordance with
such terms of reference as such governing authority may
prescribe and that the reports of such groups \503\ on each
examination, review, evaluation or audits \504\ shall be
submitted directly to such governing authority for transmittal
to the representative of each individual member nation. Such
proposal shall further include a statement of auditing and
reporting standards, as prepared by the Comptroller General of
the United States, for the consideration of the governing
authority of the international organization concerned to assist
in formulating terms of reference for such review and
evaluation groups.\503\
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\502\ Sec. 9(1) of the FA Act of 1973 (Public Law 93-189) added
subsec. (e).
\503\ The reference to external groups was inserted in lieu of a
reference to a single group by sec. 702(b) of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
Stat. 3156). All other references in subsec. (e) to these groups were
also made plural by sec. 702(b).
\504\ The reference to an audit was added by sec. 702(b) of the
International Security and Development Cooperation Act of 1980 (Public
Law 96-533; 94 Stat. 3156).
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(2) In the case of the International Bank for
Reconstruction and Development and the Asian Development Bank,
the President shall, acting through the United States
representative to such organizations, propose and actively seek
the establishment by the governing authorities of such
organizations professionally qualified groups of appropriate
size for the purpose of providing an independent and continuous
program of selective examination, review, evaluation, and
audits \504\ of the programs and activities of such
organizations. Such proposal shall provide that such groups
shall be established in accordance with such terms of reference
as such governing authorities may prescribe, and that the
reports of such groups on each examination, review, evaluation,
or audit \504\ shall be submitted directly to such governing
authority for transmittal to the representative of each
individual member nation. Such proposal shall further include a
statement of auditing and reporting standards, as prepared by
the Comptroller General of the United States, for the
consideration of the governing authority of the international
organization concerned to assist in formulating terms of
reference for such review and evaluation groups.
(3) \505\ * * * [Repealed--1981]
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\505\ Para. (3), as added by sec. 9(1) of the FA Act of 1973 and
amended by sec. 702(b)(6) of Public Law 96-533, was repealed by sec.
734(a)(1) of the International Security and Development Cooperation Act
of 1981 (Public Law 97-113; 95 Stat. 1560). Para. (3) had required that
the U.S. representatives to these international organizations submit
any reports they received under this subsection to the President for
transmittal to Congress and the Comptroller General. The Comptroller
General was also directed to periodically review these reports and
submit any appropriate suggestions to the Congress and the President.
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(f) \506\ The President is hereby authorized to permit
United States participation in the International Fertilizer
Development Center and is authorized to use any of the funds
made available under this part for the purpose of furnishing
assistance to the Center on such terms and conditions as he may
determine.
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\506\ Sec. 313(c) of Public Law 94-161 (89 Stat. 849) added subsec.
(f).
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(g) \507\ It is the sense of the Congress that the
President should instruct the appropriate representatives of
the United States to the United Nations to encourage the
specialized agencies of the United Nations to transfer the
funding of technical assistance programs carried out by such
agencies to the United Nations Development Program.
---------------------------------------------------------------------------
\507\ Sec. 117(d) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 953) added subsec.
(g).
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(h) \508\ The President is authorized to permit the United
States to participate in and to use any of the funds made
available under this part after the date of enactment of this
subsection for the purpose of furnishing assistance (on such
terms and conditions as the President may determine) to the
International Food Policy Research Institute.
---------------------------------------------------------------------------
\508\ Sec. 311(a) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) added
subsec. (h).
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Sec. 302.\509\ Authorization.--(a)(1) There are authorized
to be appropriated to the President $270,000,000 for fiscal
year 1986 and $236,084,000 for fiscal year 1987 \510\ for
grants to carry out the purposes of this chapter, in addition
to funds available under other Acts for such purposes. Of the
amount appropriated for each of the fiscal years 1986 and 1987
pursuant to these authorizations--
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\509\ 22 U.S.C. 2222.
\510\ Sec. 404 of Public Law 99-529 (100 Stat. 3010) struck out
``$275,000,000 for fiscal year 1987'' and inserted in lieu thereof
``$236,084,000 for fiscal year 1987''.
Sec. 402(a) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) inserted the
initial authorization figures and earmarkings for fiscal years 1986 and
1987.
Authorizations under sec. 302 during recent years included the
following: fiscal year 1975--$165,000,000; fiscal year 1976--
$195,500,000; fiscal year 1977--$219,900,000; fiscal year 1978--
$252,000,000; fiscal year 1979--$285,450,000; fiscal year 1980--
$267,280,000; fiscal year 1981--$233,350,000; fiscal year 1982--
$218,600,000; fiscal year 1983--$218,600,000; fiscal year 1984--
$266,214,000; fiscal year 1985--no authorization; fiscal years 1988
through 2000--no authorization. No general authorization for fiscal
year 2001; see, however, subsec. (k); fiscal years 2002 through 2009--
no authorization.
Congress did not enact an authorization for fiscal year 2009.
Instead, the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H of Public Law 111-8),
waives the requirements for authorization, and title V of that Act (123
Stat. 857) provides the following:
---------------------------------------------------------------------------
``international organizations and programs
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $352,500,000:
Provided, That section 307(a) of the Foreign Assistance Act of 1961
shall not apply to contributions to the United Nations Democracy
Fund.''.
See also paragraph in title III on nonproliferation, anti-
terrorism, demining and related programs (123 Stat. 850); sec. 7015,
relating to reprogramming notification requirements (123 Stat. 865);
sec. 7017, relating to limiting the availability of funds for
international organizations and programs (123 Stat. 867); sec. 7019,
relating to allocations stated in the conference report (123 Stat.
868); sec. 7079, relating to contributions to the U.N. Population Fund
(123 Stat. 909); and sec. 7088, relating to transparency and
accountability (123 Stat. 913).
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(A) 59.65 percent shall be for the United Nations
Development Program;
(B) 19.30 percent shall be for the United Nations
Children's Fund;
(C) 7.20 percent shall be for the International
Atomic Energy Agency, except that these funds may be
contributed to that Agency only if the Secretary of
State determines (and so reports to the Congress) that
Israel is not being denied its right to participate in
the activities of that Agency;
(D) 5.44 percent shall be for Organization of
American States development assistance programs;
(E) 3.51 percent shall be for the United Nations
Environment Program;
(F) 0.70 percent shall be for the World
Meteorological Organization;
(G) 0.70 percent shall be for the United Nations
Capital Development Fund;
(H) 0.35 percent shall be for the United Nations
Education and Training Program for Southern Africa;
(I) 0.18 percent shall be for the United Nations
Voluntary Fund for the Decade for Women;
(J) 0.07 percent shall be for the Convention on
International Trade in Endangered Species;
(K) 0.70 percent shall be for the World Food Program;
(L) 0.18 percent shall be for the United Nations
Institute for Namibia;
(M) 0.12 percent shall be for the United Nations
Trust Fund for South Africa;
(N) 0.04 percent shall be for the United Nations
Voluntary Fund for Victims of Torture;
(O) 0.07 percent shall be for the United Nations
Industrial Development Organization;
(P) 0.55 percent shall be for the United Nations
Development Program Trust Fund To Combat Poverty and
Hunger in Africa;
(Q) 0.97 percent shall be for contributions to
international conventions and scientific organizations;
(R) 0.18 percent for the United Nations Center on
Human Settlements (Habitat); and
(S) 0.09 percent shall be for the World Heritage
Fund.\511\
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\511\ Sec. 117(e) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 953) also provided
an authorization of $1,000,000 for contribution to the World Assembly
on Aging.
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(2) \512\ The Congress reaffirms its support for the work
of the Inter-American Commission on Human Rights. To permit
such Commission to better fulfill its function of insuring
observance and respect for human rights within this hemisphere,
not less than $357,000 of the amount appropriated for fiscal
year 1976 and $358,000 of the amount appropriated for fiscal
year 1977, for contributions to the Organization of American
States, shall be used only for budgetary support for the Inter-
American Commission on Human Rights.
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\512\ Sec. 313(a)(1)(C) of Public Law 94-161 (89 Stat. 849) added
para. (2).
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(3) \513\ * * * [Repealed--1981]
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\513\ Sec. 734(a) of the International Security and Development
Cooperation Act 1981 (Public Law 97-113; 95 Stat. 1560) repealed para.
(3), which had prohibited the use of funds under this subsection for
the U.N. Institute for Namibia during fiscal year 1979 unless the
President determined that such funds would not be used to support the
military or paramilitary activities of the South-West African Peoples
Organization.
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(b)(1) \514\ There is authorized to be appropriated to the
President for loans for Indus Basin Development to carry out
the purposes of this section, in addition to funds available
under this or any other Act for such purposes, for use
beginning in the fiscal year 1969, $61,220,000.\515\ Such
amounts are authorized to remain available until expended.
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\514\ Sec. 108(c) of the FA Act of 1969 (Public Law 91-175)
inserted para. designation ``(1)'' and para. (2).
\515\ Sec. 313(a)(2) of Public Law 94-161 (89 Stat. 849) struck out
``$51,220,000'' and inserted in lieu thereof ``$61,220,000''.
The FA Appropriations Act, 1976, provided the following: ``Indus
Basin Development Fund, loans: For expenses authorized by section
302(b)(1) $10,000,000, to remain available until expended: Provided,
That no other funds appropriated or made available under this Act shall
be used for the purposes of such section during the current fiscal
year.''.
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(2) \514\ There is authorized to be appropriated to the
President for grants for Indus Basin Development, in addition
to any other funds available for such purposes, for use in the
fiscal year 1974, $14,500,000,\516\ and for use in the fiscal
year 1975, $14,500,000,\516\ and for use beginning in the
fiscal year 1976, $27,000,000,\517\ which amounts shall remain
available until expended. The President shall not exercise any
special authority granted to him under section 610(a) or 614(a)
of this Act to transfer any amount appropriated under this
paragraph to, and to consolidate such amount with, any funds
made available under any other provisions of this Act.\518\
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\516\ Sec. 9(3) of the FA Act of 1973 (Public Law 93-189) struck
out ``for use in the fiscal year 1972, $15,000,000, and for use in the
fiscal year 1973, $15,000,000'' and inserted in lieu thereof ``for use
in the fiscal year 1974, $14,500,000, and for use in the fiscal year
1975, $14,500,000,''.
\517\ Sec. 313(a)(3) of Public Law 94-161 (89 Stat. 849) inserted
``and for use beginning in the fiscal year 1976, $27,000,000''.
The FA Appropriations Act, 1977, provided the following: ``For
necessary expenses to carry out the provisions of section 302(b)(2),
$15,750,000.''.
\518\ Sec. 107(b)(2) of the FA Act of 1971 (Public Law 92-226)
added the last sentence.
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(c) None of the funds available to carry out this chapter
shall be contributed to any international organization or to
any foreign government or agency thereof to pay the costs of
developing or operating any volunteer program of such
organization, government, or agency relating to the selection,
training, and programing of volunteer manpower.
(d) \519\ Tuberculosis Vaccine Development Programs.--In
addition to amounts otherwise available under this section,
there are authorized to be appropriated to the President such
sums as may be necessary for each of the fiscal years 2009
through 2013, which shall be used for United States
contributions to tuberculosis vaccine development programs,
which may include the Aeras Global TB Vaccine Foundation.
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\519\ Sec. 201 of the Tom Lantos and Henry J. Hyde United States
Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2936) added
subsec. (d).
Previously, sec. 604 of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961) repealed
subsecs. (d), (e), (f), (g), and (h).
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(i) \520\ In addition to amounts otherwise available under
this section there are authorized to be appropriated for fiscal
year 1976 $1,000,000 and for fiscal year 1977 $2,000,000 to be
available only for the International Atomic Energy Agency to be
used for the purpose of strengthening safeguards and
inspections relating to nuclear missile facilities and
materials.\521\ Amounts appropriated under this subsection are
authorized to remain available until expended.
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\520\ Sec. 505 of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-392) added subsec. (i).
\521\ The Supplemental Appropriations Act, 1977 (Public Law 95-26;
91 Stat. 66), provided the following:
``For an additional amount for ``International organizations and
programs'', $31,000,000: Provided, That of the funds appropriated under
this paragraph, $3,000,000 shall be allocated for a contribution to the
International Atomic Energy Agency to strengthen the Agency's
safeguards program.''.
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(j) \522\ In addition to amounts otherwise available under
this section for such purposes, there are authorized to be
appropriated to the President $3,000,000 for fiscal year 1989
to be available only for United States contributions to
multilateral and regional drug abuse control programs. Of the
amount authorized to be appropriated by this subsection--
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\522\ Sec. 4107 of Public Law 100-690 (102 Stat. 4266) added
subsec. (j).
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(1) $2,000,000 shall be for a United States
contribution to the United Nations Fund for Drug Abuse
Control;
(2) $600,000 shall be for the Organization of
American States (OAS) Inter-American Drug Abuse Control
Commission (CICAD) Legal Development Project, except
that the proportion which such amount bears to the
total amount of contributions to this specific project
may not exceed the proportion which the United States
contribution to the budget of the Organization of
American States for that fiscal year bears to the total
contributions to the budget of the Organization of
American States for that fiscal year; and
(3) $400,000 shall be for the Organization of
American States (OAS) Inter-American Drug Abuse Control
Commission (CICAD) Law Enforcement Training Project,
except that the proportion which such amount bears to
the total amount of contributions to this specific
project may not exceed the proportion which the United
States contribution to the budget of the Organization
of American States for that fiscal year bears to the
total contributions to the budget of the Organization
of American States for that fiscal year.
(k) \523\ In addition to amounts otherwise available under
this section, there is authorized to be appropriated to the
President such sums as may be necessary for each of the fiscal
years 2004 through 2008 \524\ to be available only for United
States contributions to the Vaccine Fund.\525\
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\523\ Sec. 112(a) of the Global AIDS and Tuberculosis Relief Act of
2000 (Public Law 106-264; 114 Stat. 753) added subsecs. (k) and (l).
Sec. 112(b) of that Act provided the following:
``(b) Report.--At the close of fiscal year 2001, the President
shall submit a report to the appropriate congressional committees on
the effectiveness of the Global Alliance for Vaccines and Immunizations
and the International AIDS Vaccine Initiative during that fiscal year
in meeting the goals of--
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``(1) improving access to sustainable immunization services;
``(2) expanding the use of all existing, safe, and cost-effective
vaccines where they address a public health problem;
``(3) accelerating the development and introduction of new vaccines and
technologies;
``(4) accelerating research and development efforts for vaccines needed
primarily in developing countries; and
``(5) making immunization coverage a centerpiece in international
development efforts.''.
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\524\ Sec. 203(a)(1) of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117
Stat. 711) struck out ``$50,000,000 for each of the fiscal years 2001
and 2002'' and inserted in lieu thereof ``such sums as may be necessary
for each of the fiscal years 2004 through 2008''.
\525\ Sec. 203(a)(2) of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117
Stat. 711) struck out ``Global Alliance for Vaccines and
Immunizations'' and inserted in lieu thereof ``Vaccine Fund''.
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(l) \523\ In addition to amounts otherwise available under
this section, there is authorized to be appropriated to the
President such sums as may be necessary for each of the fiscal
years 2004 through 2008 \526\ to be available only for United
States contributions to the International AIDS Vaccine
Initiative.
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\526\ Sec. 203(b) of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117 Stat.
711) struck out ``$10,000,000 for each of the fiscal years 2001 and
2002'' and inserted in lieu thereof ``such sums as may be necessary for
each of the fiscal years 2004 through 2008''.
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(m) \527\ In addition to amounts otherwise available under
this section, there are authorized to be appropriated to the
President such sums as may be necessary for each of the fiscal
years 2004 through 2008 to be available for United States
contributions to malaria vaccine development programs,
including the Malaria Vaccine Initiative of the Program for
Appropriate Technologies in Health (PATH).
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\527\ Sec. 203(c) of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117 Stat.
711) added subsec. (m).
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Sec. 303.\528\ Indus Basin Development.--In the event that
funds made available under this Act (other than part II) are
used by or under the supervision of the International Bank for
Reconstruction and Development in furtherance of the
development of the Indus Basin through the program of
cooperation among South Asian and other countries of the free
world, which is designed to promote economic growth and
political stability in South Asia, such funds may be used in
accordance with requirements, standards, or procedures
established by the Bank concerning completion of plans and cost
estimates and determination of feasibility, rather than with
requirements, standards, or procedures concerning such matters
set forth in this or other Acts; and such funds may also be
used without regard to the provisions of section 901(b) of the
Merchant Marine Act, 1936, as amended (46 U.S.C. 1241),\829\
whenever the President determines that such provisions cannot
be fully satisfied without seriously impeding or preventing
accomplishment of the purposes of such programs: Provided, That
compensating allowances are made in the administration of other
programs to the same or other areas to which the requirements
of said section 901(b) are applicable.
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\528\ 22 U.S.C. 2223.
\529\ For text, see Legislation on Foreign Relations Through 2008,
vol. I-B.
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Sec. 304.\530\ United Nations Peacekeeping. * * *
[Repealed--1978]
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\530\ Sec. 304, as added by the FA Act of 1967 (Public Law 90-137),
was repealed by sec. 604 of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
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Sec. 305.\531\ Integration of Women.--The President is
requested to instruct each representative of the United States
to each international organization of which the United States
is a member (including but not limited to the International
Bank for Reconstruction and Development, the Asian Development
Bank, the Inter-American Development Bank, the International
Monetary Fund, the United Nations, and the Organization for
Economic Cooperation and Development) to carry out their duties
with respect to such organizations in such a manner as to
encourage and promote the integration of women into the
national economies of member and recipient countries and into
professional and policy-making positions within such
organizations, thereby improving the status of women. The
President is further requested, in making United States
contributions to such organizations, to take into account the
progress, or lack of progress, of such organizations in
adopting and implementing policies and practices which
encourage and promote the integration of women into the
national economies of member and recipient countries, and into
professional and policy-making positions within such
organizations, in accordance with the World Plan of Action of
the Decade for Women.\532\
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\531\ 22 U.S.C. 2225. Sec. 305 was added by sec. 54 of the FA Act
of 1974 (Public Law 93-559), which inserted it at the end of part III,
chapter 3. Sec. 313(b) of Public Law 94-161 reinserted it at the end of
part I, chapter 3.
\532\ Sec. 118(b) of the International Development and Food
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 540) added this
sentence.
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Sec. 306.\533\ Reports on International Organizations.--The
annual reports to the Congress under section 2 of the Act of
September 21, 1950 (64 Stat. 902, 22 U.S.C. 262a), shall be
submitted within nine months after the end of the fiscal year
to which they relate.
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\533\ 22 U.S.C. 2226. Sec. 703 of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3157)
added sec. 306. Sec. 1301(b) of the Federal Reports Elimination Act of
1998 (Public Law 105-362; 112 Stat. 3293) struck out subsec.
designation ``(a)'' in this para., and struck out subsec. (b), which
had required the President to submit semiannual reports to the Congress
listing all U.S. Government voluntary contributions to international
organizations. Pursuant to Executive Order 12374 (July 28, 1982; 47
F.R. 32903), those reporting responsibilities had been delegated to the
Secretary of State.
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Sec. 307.\534\ Withholding of United States Proportionate
Share for Certain Programs of International Organizations.--(a)
Notwithstanding any other provision of law, none of the funds
authorized to be appropriated by this chapter shall be
available for the United States proportionate share for
programs for Burma,\535\ North Korea, Syria,\536\ Iran, Cuba,
or the Palestine Liberation Organization or for projects whose
purpose is to provide benefits to the Palestine Liberation
Organization or entities associated with it,\537\ or at
the discretion of the President, Communist countries listed
in section 620(f) of this Act.\538\
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\534\ 22 U.S.C. 2227. Sec. 403 of the International Security and
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 219)
added sec. 307.
The Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8; 123 Stat.
857, 867), provided:
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``international organizations and programs
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $352,500,000:
Provided, That section 307(a) of the Foreign Assistance Act of 1961
shall not apply to contributions to the United Nations Democracy Fund.
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* * * * * * *
``limitation on availability of funds for international organizations and
programs
---------------------------------------------------------------------------
``Sec. 7017. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under titles III
through VI of this Act or any previously enacted Act making
appropriations for the Department of State, foreign operations, and
related programs, which are returned or not made available for
organizations and programs because of the implementation of section
307(a) of the Foreign Assistance Act of 1961, shall remain available
for obligation until September 30, 2010.''.
\535\ Sec. 2101 of the Emergency Supplemental Appropriations Act
for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public
Law 109-13; 119 Stat. 266) struck out ``Iraq''.
\536\ Sec. 431(a)(1) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 459) struck
out ``the South-West Africa People's Organization'' and inserted
``Burma, Iraq, North Korea, Syria''. Sec. 616 of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2008 (division J of the Consolidated Appropriations Act, 2008; Public
Law 110-161; 121 Stat. 2320), struck out ``Libya'' following ``Syria''.
Sec. 431(b) of Public Law 103-236 (108 Stat. 459) further provided
the following:
``(b) United Nations Development Program.--
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``(1) Except as provided in paragraphs (2) and (3), for fiscal years 1994
and 1995 none of the funds made available for United Nations Development
Program or United Nations Development Program--Administered Funds shall be
available for programs and activities in or for Burma.
``(2) Of the funds made available for United Nations Development Program
and United Nations Development Program--Administered Funds for fiscal year
1994, $11,000,000 may be available only if the President certifies to the
Congress that the United Nations Development Program's programs and
activities in or for Burma promote the enjoyment of internationally
guaranteed human rights in Burma and do not benefit the State Law and Order
Restoration Council (SLORC) military regime.
``(3) Of the funds made available for United Nations Development Program
and United Nations Development Program--Administered Funds for fiscal year
1995, $27,600,000 may be available only if the President certifies to the
Congress that--
``(A) the United Nations Development Program has approved or initiated no
new programs and no new funding for existing programs in or for Burma since
the United Nations Development Program Governing Council (Executive Board)
meeting of June 1993,
``(B) such programs address unforeseen urgent humanitarian concerns, or
``(C) a democratically elected government in Burma has agreed to such
programs.''.
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\537\ Sec. 3 of the Middle East Peace Facilitation Act of 1993, as
amended (Public Law 103-125; 107 Stat. 1309), authorized the President
to suspend certain provisions of law, including sec. 307 of this Act,
as they applied to the P.L.O. or entities associated with it if certain
conditions were met and the President so certified and consulted with
relevant congressional committees. This authority was continued in the
Middle East Peace Facilitation Act of 1995 (title VI of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1996; Public Law 104-107).
The President issued certifications, as provided for in the 1993,
1994, and 1995 Acts, in Presidential Determination No. 94-13 of January
14, 1994 (59 F.R. 4777), which was extended until January 1, 1995, by
Presidential Determination No. 94-30 of June 30, 1994 (59 F.R. 35607);
until July 1, 1995, by Presidential Determination No. 95-12 of December
31, 1994 (60 F.R. 2673); until August 15, 1995, by Presidential
Determination No. 95-31 of July 2, 1995 (60 F.R. 35827); until October
1, 1995, by Presidential Determination No. 95-36 of August 14, 1995 (60
F.R. 44725); until November 1, 1995, by Presidential Determination No.
95-50 of September 30, 1995 (60 F.R. 53093); until December 31, 1995,
by Presidential Determination No. 96-5 of November 13, 1995 (60 F.R.
57821); until March 31, 1996, by Presidential Determination No. 96-8 of
January 4, 1996 (61 F.R. 2889); until June 15, 1996, by Presidential
Determination No. 96-20 of April 1, 1996 (61 F.R. 26019); until August
12, 1996, by Presidential Determination No. 96-32 of June 14, 1996 (61
F.R. 32629); until February 12, 1997, by Presidential Determination No.
96-41 of August 12, 1996 (61 F.R. 43137); and until August 12, 1997, by
Presidential Determination No. 97-17 of February 21, 1997 (62 F.R.
9903).
Authority to waive certain provisions is continued in general
provisions of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H of Public Law 111-8); see
secs. 7034(d), special authorities relating to sec. 1003 of the Anti-
Terrorism Act of 1987 (123 Stat. 877) (see next para.); sec. 7037,
relating to restrictions concerning the Palestinian Authority (123
Stat. 880); and sec. 7040, limitation on assistance for the Palestinian
Authority 9123 Stat. 882). See also sec. 7036, restricting aid unless
the Secretary of State certifies that certain conditions have been met
pertaining to Palestinian statehood (123 Stat. 879); sec. 7038,
prohibiting assistance to the Palestinian Broadcasting Corporation (123
Stat. 881); and sec. 7039, relating to assistance for the West Bank and
Gaza (123 Stat. 881).
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).
Sec. 604 of the Middle East Peace Commitments Act of 2002 (title VI
of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228) authorizes the President to waive any sanction imposed
under that section, including terminating any waiver issued pursuant to
sec. 1003 of the 1987 Act, if he finds it in the national security
interests of the United States to do so. The President has exercised
this authority in Presidential Determination No. 2006-17 of June 30,
2006 (71 F.R. 39511); Presidential Determination No. 2007-12 of
February 7, 2007 (72 F.R. 9225); and Presidential Determination No.
2008-12 of February 13, 2008 (73 F.R. 10125).
\538\ Sec. 516 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1999 (division A, sec. 101(d) of
Public Law 105-277; 112 Stat. 2681) added ``, or at the discretion of
the President, Communist countries listed in section 620(f) of this
Act.''.
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(b) The Secretary of State--
(1) shall review, at least annually, the budgets and
accounts of all international organizations receiving
payments of any funds authorized to be appropriated by
this chapter; and
(2) shall report to the appropriate committees of the
Congress the amounts of funds expended by each such
organization for the purposes described in subsection
(a) and the amount contributed by the United States to
each such organization.
(c) \539\ (1) Subject to paragraph (2), the limitations
\540\ of subsection (a) shall not apply to contributions to the
International Atomic Energy Agency or the United Nations
Children's Fund (UNICEF).
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\539\ Sec. 431(a)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 459) added
subsec. (c).
\540\ Sec. 2809(a)(1) of the Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
105-277; 112 Stat. 2681) struck out ``The limitations'' and inserted in
lieu thereof ``(1) Subject to paragraph (2), the limitations''. Sec.
2809(a)(2) of that Act added para. (2). See also sec. 2809(b) and (c)
of that Act, in Legislation on Foreign Relations Through 2008, vol. II-
A.
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(2) \540\ (A) Except as provided in subparagraph (B), with
respect to funds authorized to be appropriated by this chapter
and available for the International Atomic Energy Agency, the
limitations of subsection (a) shall apply to programs or
projects of such Agency in Cuba.
(B)(i) Subparagraph (A) shall not apply with respect to
programs or projects of the International Atomic Energy Agency
that provide for the discontinuation, dismantling, or safety
inspection of nuclear facilities or related materials, or for
inspections and similar activities designed to prevent the
development of nuclear weapons by a country described in
subsection (a).
(ii) Clause (i) shall not apply with respect to the Juragua
Nuclear Power Plant near Cienfuegos, Cuba, or the Pedro Pi
Nuclear Research Center unless Cuba--
(I) ratifies the Treaty on the Non-Proliferation of
Nuclear Weapons (21 UST 483) or the Treaty for the
Prohibition of Nuclear Weapons in Latin America
(commonly known as the Treaty of Tlatelolco);
(II) negotiates full-scope safeguards of the
International Atomic Energy Agency not later than two
years after ratification by Cuba of such Treaty; and
(III) incorporates internationally accepted nuclear
safety standards.
(d) \541\ (1) Notwithstanding subsection (c), if the
Secretary of State determines that programs and projects of the
International Atomic Energy Agency in Iran are inconsistent
with United States nuclear nonproliferation and safety goals,
will provide Iran with training or expertise relevant to the
development of nuclear weapons, or are being used as a cover
for the acquisition of sensitive nuclear technology, the
limitations of subsection (a) shall apply to such programs and
projects, and the Secretary of State shall so notify the
appropriate congressional committees (as defined in section 3
of the Foreign Relations Authorization Act, Fiscal Year 2003).
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\541\ Sec. 1342 of the Iran Nuclear Proliferation Prevention Act of
2002 (subtitle D of title XIII of the Foreign Relations Authorization
Act, Fiscal Year 2003; Public Law 107-228; 116 Stat. 1451) added
subsec. (d).
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(2) A determination made by the Secretary of State under
paragraph (1) shall be effective for the 1-year period
beginning on the date of the determination.
Chapter 4--Supporting Assistance \542\ [Repealed--1972]
Chapter 5--Contingencies \543\
Sec. 451.\544\ Contingencies.\543\--(a) \545\ (1)
Notwithstanding any other provision of law, the President is
authorized to use \546\ funds made available to carry out any
provision of this Act (other than the provisions of chapter 1
of this part) in order to provide, for any unanticipated
contingencies,\547\ assistance authorized by this part in
accordance with the provisions applicable to the furnishing of
such assistance, except that the authority of this subsection
may not be used to authorize the use of more than $25,000,000
during any fiscal year.\548\
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\542\ Sec. 202(b) of the FA Act of 1971 (Public Law 92-226)
repealed chapter 4 of part I. This subject matter is now covered under
chapter 4 of part II of this Act, Economic Support Fund.
\543\ Sec. 2 of the International Security Assistance Act of 1979
(Public Law 96-92; 93 Stat. 701) changed the title of chapter 5 and
sec. 451 from ``Contingency Fund'' to ``Contingencies''. Previously,
sec. 503(1) of Public Law 94-329 substituted ``Contingency Fund'' for
``Disaster Relief'' in the title of chapter 5 while sec. 2(1) of Public
Law 93-333 changed the title of chapter 5 from ``Contingency Fund'' to
``Disaster Relief''.
\544\ 22 U.S.C. 2261. Sec. 28(c) of the FA Act of 1974 (Public Law
93-559) amended and restated sec. 451. It formerly read as follows:
``Sec. 451. Contingency Fund--(a) There is authorized to be
appropriated to the President for each of the fiscal years 1974 and
1975 not to exceed $30,000,000, to provide assistance authorized by
this part primarily for disaster relief purposes, in accordance with
the provisions applicable to the furnishing of such assistance. (b) The
President shall provide quarterly reports to the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and the
Speaker of the House of Representatives on the programing and the
obligation of funds under subsection (a).''.
In Department of State Public Notice 6237 of April 25, 2008 (73
F.R. 30659), the Deputy Secretary of State authorized ``notwithstanding
any other provision of law, the use of up to $3 million in Fiscal Year
2008 Peacekeeping Operations (PKO) funds available under Chapter 6 of
Part II of the Act, in order to provide, for any unanticipated
contingencies, assistance authorized by Part I of the Act (which is
deemed to include references to Chapter 6 of Part II) for Sudan.''.
\545\ Sec. 2 of the International Security Assistance Act of 1979
(Public Law 96-92; 93 Stat. 701) amended and restated subsec. (a).
\546\ Sec. 588(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2056), struck out ``not to exceed $10,000,000 of'' and ``in any
fiscal year'' at these points, respectively.
\547\ Sec. 588(2) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2056), struck out ``emergency purposes'' and inserted in lieu
thereof ``unanticipated contingencies''.
\548\ Sec. 588(3) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2056), added ``, except that the authority of this subsection may
not be used to authorize the use of more than $25,000,000 during any
fiscal year.''.
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(2) The President shall report promptly to the Speaker of
the House of Representatives and to the Committee on Foreign
Relations and the Committee on Appropriations of the Senate
each time he exercises the authority contained in this
subsection.
(b) \549\ * * * [Repealed--1981]
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\549\ Sec. 734(a)(1) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
subsec. (b), which had required a quarterly report from the President
concerning the programing and obligation of funds under this section.
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(c) No part of this fund shall be used to pay for any gifts
to any officials of any foreign government made heretofore or
hereafter.\550\
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\550\ Sec. 452, which was added by sec. 2(2) of the Foreign
Disaster Assistance Act of 1974 (Public Law 93-333) and formerly
appeared at this point, was redesignated as sec. 494 by Sec. 101(4) of
Public Law 94-161 (89 Stat. 849).
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Chapter 6--Central America Democracy, Peace, and Development Initiative
\551\
Sec. 461.\551\, \552\ Statement of Policy.--(a)
The Congress finds that--
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\551\ Sec. 604 of the International Development and Food Assistance
Act of 1978 (Public Law 95-424; 92 Stat. 961) repealed chapter 6, as
enacted in the Foreign Assistance Act of 1961, titled: ``Assistance to
Countries Having Agrarian Economies''. Sec. 701 of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
Stat. 234) added a new chapter 6 (sec. 461 through 466).
\552\ 22 U.S.C. 2271.
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(1) the building of democracy, the restoration of
peace, the improvement of living conditions, and the
application of equal justice under law in Central
America are important to the interests of the United
States and the community of American States; and
(2) the interrelated issues of social and human
progress, economic growth, political reform, and
regional security must be effectively dealt with to
assure a democratic and economically and politically
secure Central America.
(b)(1) The achievement of democracy, respect for human
rights, peace, and equitable economic growth depends primarily
on the cooperation and the human and economic resources of the
people and governments of Central America. The Congress
recognizes that the United States can make a significant
contribution to such peaceful and democratic development
through a consistent and coherent policy which includes a long-
term commitment of assistance. This policy should be designed
to support actively--
(A) democracy and political reform, including opening
the political process to all members of society;
(B) full observance of internationally recognized
human rights, including free elections, freedom of the
press, freedom of association, and the elimination of
all human rights abuses;
(C) leadership development, including training and
educational programs to improve public administration
and the administration of justice;
(D) land reform, reform in tax systems, encouragement
of private enterprise and individual initiative,
creation of favorable investment climates, curbing
corruption where it exists, and spurring balanced
trade;
(E) the establishment of the rule of law and an
effective judicial system; and
(F) the termination of extremist violence by both the
left and the right as well as vigorous action to
prosecute those guilty of crimes and the prosecution to
the extent possible of past offenders.
(2) The policy described in paragraph (1) should also
promote equitable economic growth and development, including
controlling the flight of capital and the effective use of
foreign assistance and adhering to approved programs for
economic stabilization and fiscal responsibility. Finally, this
policy should foster dialog and negotiations--
(A) to achieve peace based upon the objectives of
democratization, reduction of armament, an end to
subversion, and the withdrawal of foreign military
forces and advisers; and
(B) to provide a security shield against violence and
intimidation.
(3) It is the purpose of this chapter to establish the
statutory framework and to authorize the appropriations and
financing necessary to carry out the policy described in this
section.
(c) The Congress finds, therefore, that the people of the
United States are willing to sustain and expand a program for
economic and military assistance in Central America if the
recipient countries can demonstrate progress toward and a
commitment to these goals.
Sec. 462.\551\, \553\ Conditions on Furnishing
Assistance.--The President shall ensure that assistance
authorized by this Act and the Arms Export Control Act to
Central American countries is furnished in a manner which
fosters demonstrated progress toward and commitment to the
objectives set forth in section 461. Where necessary to achieve
this purpose, the President shall impose conditions on the
furnishing of such assistance. In carrying out this section,
the President shall consult with the Congress in regard to
progress toward the objectives set forth in section 461, and
any conditions imposed on the furnishing of assistance in
furtherance of those objectives.
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\553\ 22 U.S.C. 2272.
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Sec. 463.\551\, \554\ Peace Process in Central
America.--The Congress--
---------------------------------------------------------------------------
\554\ 22 U.S.C. 2273.
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(1) strongly supports the initiatives taken by the
Contadora group and the resulting Document of
Objectives which has been agreed to by Costa Rica, El
Salvador, Guatemala, Honduras, and Nicaragua and which
sets forth a framework for negotiating a peaceful
settlement to the conflict and turmoil in the region;
and
(2) finds that the United States should provide such
assistance and support as may be appropriate in helping
to reach comprehensive and verifiable final agreements,
based on the Document of Objectives, which will ensure
peaceful and enduring solutions to the Central American
conflicts.
Sec. 464.\551\, \555\ Economic Assistance
Coordination.--(a) The Congress finds that participation by
Central American countries in an effective forum for dialog on,
and the continuous review and advancement of, Central America's
political, economic, and social development would foster
cooperation between the United States and Central American
countries.
---------------------------------------------------------------------------
\555\ 22 U.S.C. 2274.
---------------------------------------------------------------------------
(b) It is the sense of the Congress that--
(1) the President should enter into negotiations with
the countries of Central America to establish a Central
American Development Organization (hereafter in this
section referred to as the ``Organization'') to help
provide a continuous and coherent approach to the
development of the Central American region; and
(2) the establishment of the Organization should be
based upon the following principles:
(A) Participation in the Organization should
be open to the United States, other donors, and
those Central American countries that commit
themselves to, among other things, respecting
internationally recognized human rights,
building democracy, and encouraging equitable
economic growth through policy reforms.
(B) The Organization should be structured to
include representatives from both the public
and private sectors, including representatives
from the labor, agriculture, and business
communities.
(C) The Organization should meet periodically
to carry out the functions described in
subparagraphs (D) and (E) of this paragraph and
should be supported by a limited professional
secretariat.
(D) The Organization should make
recommendations affecting Central American
countries on such matters as--
(i) political, economic, and social
development objectives, including the
strengthening of democratic pluralism
and the safeguarding of internationally
recognized human rights;
(ii) mobilization of resources and
external assistance needs; and
(iii) reform of economic policies and
structures.
(E) The Organization should have the capacity
for monitoring country performance on
recommendations issued in accordance with
subparagraph (D) of this paragraph and for
evaluating progress toward meeting such country
objectives.
(F) To the maximum extent practicable, the
United States should follow the recommendations
of the Organization in disbursing bilateral
economic assistance for any Central American
country. No more than 75 percent of such United
States assistance in any fiscal year should be
disbursed until the recommendations of the
Organization for that fiscal year have been
made final and communicated to the donor
countries. The limitation on disbursements
contained in the preceding sentence should
apply only to recommendations made final and
communicated to donor countries prior to the
fourth quarter of such fiscal year. The United
States representative to the Organization
should urge other donor countries to similarly
implement the recommendations of the
Organization.
(G) The administrator of the agency primarily
responsible for administering part I of this
Act, or his designee, should represent the
United States Government in the Organization
and should carry out his functions in that
capacity under the continuous supervision and
general direction of the Secretary of State.
(c) Subject to subsection (d)(2), the President is
authorized to participate in the Organization.
(d)(1) The administrator of the agency primarily
responsible for administering part I of this Act, under the
supervision and direction of the Secretary of State, shall
prepare a detailed proposal to carry out this section and shall
keep the Committee on Foreign Affairs \556\ of the House of
Representatives and the Committee on Foreign Relations of the
Senate fully and currently informed concerning the development
of this proposal.
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\556\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(2) The President shall transmit to the Committee on
Foreign Affairs \556\ of the House of Representatives and the
Committee on Foreign Relations of the Senate a copy of the text
of any agreement, which he proposes to sign, that would provide
for the establishment of and United States participation in the
Organization no less than sixty days prior to his signature.
During that sixty-day period there shall be full and formal
consultations with and review by those committees in accordance
with procedures applicable to reprogramming notifications
pursuant to section 634A of this Act.
Sec. 465.\551\, \557\ Authorization for Fiscal
Years 1988 and 1989.--(a) In addition to amounts otherwise
available for such purposes, there are authorized to be
appropriated to the President, for the purpose of furnishing
nonmilitary assistance for Central American countries,
$1,200,000,000 for each of the fiscal years 1988 and 1989,
which are authorized to remain available until expended.
---------------------------------------------------------------------------
\557\ 22 U.S.C. 2275.
---------------------------------------------------------------------------
(b) For the purpose of providing the assistance described
in subsection (a), funds appropriated pursuant to the
authorizations in that subsection may be transferred by the
President for obligation in accordance with the authorities of
part I of this Act (including chapter 4 of part II), the Peace
Corps Act, the Migration and Refugee Assistance Act of 1962,
the United States Information and Education Exchange Act of
1948, the Mutual Educational and Cultural Exchange Act of 1961,
the National Endowment for Democracy Act, and the State
Department Basic Authorities Act of 1956.
Sec. 466.\551\, \558\ Definitions.--For the
purposes of this chapter, the term ``Central American
countries'' includes Belize, Costa Rica, El Salvador,
Guatemala, Honduras, Nicaragua, Panama, and regional programs
which benefit such countries.
---------------------------------------------------------------------------
\558\ 22 U.S.C. 2276.
---------------------------------------------------------------------------
Chapter 7--Debt-For-Nature Exchanges \559\
Sec. 461.\560\ Definition.--For purpose of this chapter,
the term ``debt-for-nature exchange'' means the cancellation or
redemption of the foreign debt of the government of a country
in exchange for--
---------------------------------------------------------------------------
\559\ Sec. 604 of the International Development and Food Assistance
Act of 1978 (Public Law 95-424; 92 Stat. 961) repealed chapter 7, as
enacted in the Foreign Assistance Act of 1966 (Public Law 89-583),
titled: ``Joint Commissions on Rural Development''. A new chapter 7 was
added by sec. 711 of the International Development and Finance Act of
1989 (Public Law 101-240; 103 Stat. 2521).
\560\ 22 U.S.C. 2281. All sections in chapter 7 are misnumbered, as
enacted by the International Development and Finance Act of 1989
(Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 471''.
The Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8; 123 Stat.
874), provided the following:
---------------------------------------------------------------------------
``debt-for-development
---------------------------------------------------------------------------
``Sec. 7031. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development
may place in interest bearing accounts local currencies which accrue to
that organization as a result of economic assistance provided under
title III of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest earned on
such investment shall be used for the purpose for which the assistance
was provided to that organization.''.
See also in that Act, sec. 7032, relating to authority to engage in
debt buybacks or sales (123 Stat. 875).
---------------------------------------------------------------------------
(1) that government's making available local
currencies (including through the issuance of bonds)
which are used only for eligible projects involving the
conservation or protection of the environment in that
country (as described in section 463); \561\ or
---------------------------------------------------------------------------
\561\ All sections in chapter 7 are misnumbered, as enacted by the
International Development and Finance Act of 1989 (Public Law 101-240;
103 Stat. 2521). Reference should read ``section 473''.
---------------------------------------------------------------------------
(2) that government's financial resource or policy
commitment to take certain specified actions to ensure
the restoration, protection, or sustainable use of
natural resources within that country; or
(3) a combination of assets and actions under both
paragraphs (1) and (2).
Sec. 462.\562\ Assistance for Commercial Debt Exchanges.--
(a) The Administrator of the Agency for International
Development is authorized to furnish assistance, in the form of
grants on such terms and conditions as may be necessary, to
nongovernmental organizations for the purchase on the open
market of discounted commercial debt of a foreign government of
an eligible country which will be canceled or redeemed under
the terms of an agreement with that government as part of a
debt-for-nature exchange.
---------------------------------------------------------------------------
\562\ 22 U.S.C. 2282. All sections in chapter 7 are misnumbered, as
enacted by the International Development and Finance Act of 1989
(Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 472''.
---------------------------------------------------------------------------
(b) Notwithstanding any other provision of law, a grantee
(or any subgrantee) of the grants referred to in subsection (a)
may retain, without deposit in the Treasury of the United
States and without further appropriation by Congress, interest
earned on the proceeds of any resulting debt-for-nature
exchange pending the disbursements of such proceeds and
interest for approved program purposes, which may include the
establishment of an endowment, the income of which is used for
such purposes.
Sec. 463.\563\ Eligible Projects.--(a) The Administrator of
the Agency for International Development shall seek to ensure
that debt-for-nature exchanges under this chapter support one
or more of the following activities by either the host
government, a local private conservation group, or a
combination thereof:
---------------------------------------------------------------------------
\563\ 22 U.S.C. 2283. All sections in chapter 7 are misnumbered, as
enacted by the International Development and Finance Act of 1989
(Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 473''.
---------------------------------------------------------------------------
(1) restoration, protection, or sustainable use of
the world's oceans and atmosphere;
(2) restoration, protection, or sustainable use of
diverse animal and plant species;
(3) establishment, restoration, protection, and
maintenance of parks and reserves;
(4) development and implementation of sound systems
of natural resource management;
(5) development and support of local conservation
programs;
(6) training programs to strengthen conservation
institutions and increase scientific, technical, and
managerial capabilities of individuals and
organizations involved in conservation efforts;
(7) efforts to generate knowledge, increase
understanding, and enhance public commitment to
conservation;
(8) design and implementation of sound programs of
land and ecosystem management; and
(9) promotion of regenerative approaches in farming,
forestry, fishing, and watershed management.
(b)(1) In cooperation with nongovernmental organizations, the
Administrator of the Agency for International Development shall
seek to identify those areas, which because of an imminent
threat, are in particular need of immediate attention to
prevent the loss of unique biological life or valuable
ecosystem.
(2) The Administrator of the Agency for International
Development shall encourage as many eligible countries as
possible to propose such exchanges with the purpose of
demonstrating to a large number of governments the feasibility
and benefits of sustainable development.
Sec. 464.\564\ Eligible Countries.--In order for a foreign
country to be eligible to participate in a debt-for-nature
exchange under this chapter, the Administrator of the Agency
for International Development shall determine that--
---------------------------------------------------------------------------
\564\ 22 U.S.C. 2284. All sections in chapter 7 are misnumbered, as
enacted by the International Development and Finance Act of 1989
(Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 474''.
---------------------------------------------------------------------------
(1) the host country is fully committed to the long-
term viability of the program or project that is to be
undertaken through the debt-for-nature exchange;
(2) a long-term plan has been prepared by the host
country, or private conservation group, which
adequately provides for the long-term viability of the
program or project that is to be undertaken through the
debt-for-nature exchange or that such a plan will be
prepared in a timely manner; and
(3) there is a government agency or a local
nongovernmental organization, or combination thereof,
in the host country with the capability, commitment,
and record of environmental concern to oversee the
long-term viability of the program or project that is
to be undertaken through the debt-for-nature exchange.
Sec. 465.\565\ Terms and Conditions.--(a) The terms and
conditions for making grants under this chapter shall be deemed
to be fulfilled upon final approval by the Administrator of the
Agency for International Development of the debt-for-nature
exchange, a certification by the nongovernmental organization
that the host government has accepted the terms of the
exchange, and that an agreement has been reached to cancel the
commercial debt in an agreed upon fashion.
---------------------------------------------------------------------------
\565\ 22 U.S.C. 2285. All sections in chapter 7 are misnumbered, as
enacted by the International Development and Finance Act of 1989
(Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 475''.
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(b) Grants made under this section are intended to
complement, and not substitute for, assistance otherwise
available to a foreign country under this Act or any other
provision of law.
(c) The United States Government is prohibited from accepting
title or interest in any land in a foreign country as a
condition on the debt exchange.
Sec. 466.\566\ Pilot Program for Sub-Saharan Africa.--(a) The
Administrator of the Agency for International Development, in
cooperation with nongovernmental conservation organizations,
shall invite the government of each country in sub-Saharan
Africa to submit a list of those areas of severely degraded
national resources which threaten human survival and well-being
and the opportunity for future economic growth or those areas
of biological or ecological importance within the territory of
that country.
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\566\ 22 U.S.C. 2286. All sections in chapter 7 are misnumbered, as
enacted by the International Development and Finance Act of 1989
(Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 476''.
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(b) The Administrator of the Agency for International
Development shall assess the list submitted by each country
under subsection (a) and shall seek to reach agreement with the
host country for the restoration and future sustainable use of
those areas.
(c)(1) The Administrator of the Agency for International
Development is authorized to make grants, on such terms and
conditions as may be necessary, to nongovernmental
organizations for the purchase on the open market of discounted
commercial debt of a foreign government of an eligible sub-
Saharan country in exchange for commitments by that government
to restore natural resources identified by the host country
under subsection (a) or for commitments to develop plans for
sustainable use of such resources.
(2) Notwithstanding any other provision of law, a grantee (or
any subgrantee) of the grants referred to in section (a) may
retain, without deposit in the Treasury of the United States
and without further appropriation by Congress, interest earned
on the proceeds of any resulting debt-for-nature exchange
pending the disbursements of such proceeds and interest for
approved program purposes, which may include the establishment
of an endowment, the income of which is used for such purposes.
Chapter 8--International Narcotics Control \567\
SEC. 481.\568\ POLICY, GENERAL AUTHORITIES, COORDINATION, FOREIGN
POLICE ACTIONS, DEFINITIONS, AND OTHER PROVISIONS.
(a) Policy and General Authorities.--
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\567\ Sec. 109 of the FA Act of 1971 (Public Law 92-226) added
chapter 8. See other legislation on international narcotics control in
Legislation on Foreign Relations Through 2008, vol. I-B, particularly
the establishment of the President's Council on Counter-Narcotics
(title VII, sec. 709, of Public Law 105-277), and the Western
Hemisphere Drug Elimination Act (title VIII of Public Law 105-277).
\568\ 22 U.S.C. 2291. Sec. 1519(a) of the Housing and Community
Development Act of 1992 (Public Law 102-550; 106 Stat. 4060) amended
sec. 481 at subsec. (a) by redesignating former subpara. (E) as (F),
and inserting a new subpara. (E).
Sec. 1519(b) of Public Law 102-550, furthermore, amended sec.
481(e) to require a report on major money laundering countries.
Sec. 4 of the International Narcotics Control Act of 1992 (Public
Law 102-583; 106 Stat. 4914), however, substantially amended and
restated sec. 481. Sec. 4(a) struck the section designation, section
heading, and subsec. (a), and restated these through subpara. (F).
Chapter 8 was originally added by sec. 109 of the FA Act of 1971.
See other legislation on international narcotics control in Legislation
on Foreign Relations Through 2008, vol. I-B.
The original sec. 481 read as follows:
``It is the sense of the Congress that effective international
cooperation is necessary to put an end to the illicit production,
trafficking in, and abuse of dangerous drugs. In order to promote such
cooperation, the President is authorized to conclude agreements with
other countries to facilitate control of the production, processing,
transportation, and distribution of narcotic analgesics, including
opium and its derivatives, other narcotic drugs and psychotropics and
other controlled substances as defined in the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (Public Law 91-513). Notwithstanding
any other provision of law, the President is authorized to furnish
assistance to any country or international organization, on such terms
and conditions as he may determine, for the control of the production
of, processing of, and traffic in, narcotic and psychotropic drugs. In
furnishing such assistance the President may use any of the funds made
available to carry out the provisions of this Act. The President shall
suspend economic and military assistance furnished under this or any
other Act, and shall suspend sales under the Foreign Military Sales Act
and under title I of the Agriculture Trade Development and Assistance
Act of 1954 with respect to any country when the President determines
that the government of such country has failed to take adequate steps
to prevent narcotic drugs and other controlled substances (as defined
by the Comprehensive Drug Abuse Prevention and Control Act of 1970)
produced or processed, in whole or in part, in such country, or
transported through such country, from being sold illegally within the
jurisdiction of such country to United States Government personnel or
their dependents, or from entering the United States unlawfully. Such
suspension shall continue until the President determines that the
government of such country has taken adequate steps to carry out the
purposes of this chapter.''.
Sec. 481(a) had been amended previously by sec. 503 of the Foreign
Relations Authorization Act of 1972, sec. 11 of the FA Act of 1973,
sec. 1003(a) of the Department of State Authorization Act, Fiscal Years
1984 and 1985, sec. 4502 of the International Narcotics Control Act of
1988, and sec. 17 of the International Narcotics Control Act of 1989.
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(1) Statements of policy.--(A) International
narcotics trafficking poses an unparalleled
transnational threat in today's world, and its
suppression is among the most important foreign policy
objectives of the United States.
(B) Under the Single Convention on Narcotic Drugs,
1961, and under the United Nations Convention Against
Illicit Traffic in Narcotic Drugs and Psychotropic
Substances, the parties are required to criminalize
certain drug-related activities, provide appropriately
severe penalties, and cooperate in the extradition of
accused offenders.
(C) International narcotics control programs should
include, as priority goals, the suppression of the
illicit manufacture of and trafficking in narcotic and
psychotropic drugs, money laundering, and precursor
chemical diversion, and the progressive elimination of
the illicit cultivation of the crops from which
narcotic and psychotropic drugs are derived.
(D) \569\ International criminal activities,
particularly international narcotics trafficking, money
laundering, and corruption, endanger political and
economic stability and democratic development, and
assistance for the prevention and suppression of
international criminal activities should be a priority
for the United States.
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\569\ Sec. 131(a)(1) of Public Law 104-164 (110 Stat. 1429)
redesignated subparas. (D) through (F) as subparas. (E) through (G),
and added a new subpara. (D).
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(E) \569\ The international community should provide
assistance, where appropriate, to those producer and
transit countries which require assistance in
discharging these primary obligations.
(F) \569\ The objective of the United States in
dealing with the problem of international money
laundering is to ensure that countries adopt
comprehensive domestic measures against money
laundering and cooperate with each other in narcotics
money laundering investigations, prosecutions, and
related forfeiture actions.
(G) \569\ Effective international cooperation is
necessary to control the illicit cultivation,
production, and smuggling of, trafficking in, and abuse
of narcotic and psychotropic drugs.
(2) In order to promote such cooperation, the President is
authorized to conclude agreements, including reciprocal
maritime agreements,\570\ with other countries to facilitate
control of the production, processing, transportation, and
distribution of narcotics analgesics, including opium and its
derivatives, other narcotic and psychotropic drugs, and other
controlled substances.
---------------------------------------------------------------------------
\570\ Sec. 4(b) of the International Narcotics Control Act of 1992
(Public Law 102-583; 106 Stat. 4915) inserted ``, including reciprocal
maritime agreements,''.
---------------------------------------------------------------------------
(3) \571\ In order to promote international cooperation in
combating international trafficking in illicit narcotics, it
shall be the policy of the United States to use its voice and
vote in multilateral development banks to promote the
development and implementation in the major illicit drug
producing countries of programs for the reduction and eventual
eradication of narcotic drugs and other controlled substances,
including appropriate assistance in conjunction with effective
programs of illicit crop eradication.
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\571\ Sec. 2017 of Public Law 99-570 (100 Stat. 3207-68) added
para. (3). Sec. 2017 redesignated the previous para. (3) as para. (4).
---------------------------------------------------------------------------
(4) \571\ Notwithstanding any other provision of law, the
President is authorized to furnish assistance to any country or
international organization, on such terms and conditions as he
may determine, for the control of narcotic and psychotropic
drugs and other controlled substances, or for other anticrime
purposes.\572\
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\572\ Sec. 131(a)(2) of Public Law 104-164 (110 Stat. 1429) added
``, or for other anticrime purposes''.
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(b) \573\ Coordination of All United States Antinarcotics
Assistance to Foreign Countries.--
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\573\ Sec. 4(c) of the International Narcotics Control Act of 1992
(Public Law 102-583; 106 Stat. 4915) amended and restated subsec. (b).
Originally, subsec. (b) was added to sec. 481 by sec. 11(a) of the FA
Act of 1973 (Public Law 93-189). This subsection has previously been
amended and restated by sec. 17(b) of the International Narcotics
Control Act of 1989, and sec. 604 of the International Security and
Development Cooperation Act of 1985 (Public Law 99-83).
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(1) Responsibility of secretary of state.--Consistent
with subtitle A of title I of the Anti-Drug Abuse Act
of 1988, the Secretary of State shall be responsible
for coordinating all assistance provided by the United
States Government to support international efforts to
combat illicit narcotics production or trafficking.
(2) Rule of construction.--Nothing contained in this
subsection or section 489(b) shall be construed to
limit or impair the authority or responsibility of any
other Federal agency with respect to law enforcement,
domestic security operations, or intelligence
activities as defined in Executive Order 12333.\574\
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\574\ For text, see Legislation on Foreign Relations Through 2008,
vol. II-A.
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(c) \575\ Participation in Foreign Police Actions.--
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\575\ Popularly referred to as the Mansfield amendment. Sec. 504(b)
of the International Security Assistance and Arms Export Control Act of
1976 (Public Law 94-329; 90 Stat. 764) added subsec. (c). Sec. 15 of
the International Narcotics Control Act of 1989 (Public Law 101-231;
103 Stat. 1963) comprehensively amended and restated subsec. (c). It
had previously been amended and restated by sec. 2009 of Public Law 99-
570 (100 Stat. 3207-64).
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(1) Prohibition on effecting an arrest.--No officer
or employee of the United States may directly effect an
arrest in any foreign country as part of any foreign
police action with respect to narcotics control
efforts, notwithstanding any other provision of law.
(2) Participation in arrest actions.--Paragraph (1)
does not prohibit an officer or employee of the United
States, with the approval of the United States chief of
mission, from being present when foreign officers are
effecting an arrest or from assisting foreign officers
who are effecting an arrest.
(3) Exception for exigent, threatening
circumstances.--Paragraph (1) does not prohibit an
officer or employee from taking direct action to
protect life or safety if exigent circumstances arise
which are unanticipated and which pose an immediate
threat to United States officers or employees, officers
or employees of a foreign government, or members of the
public.
(4) Exception for maritime law enforcement.--With the
agreement of a foreign country, paragraph (1) does not
apply with respect to maritime law enforcement
operations in the territorial sea or archipelagic
waters \576\ of that country.
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\576\ Sec. 4(d) of the International Narcotics Control Act of 1992
(Public Law 102-583; 106 Stat. 4915) inserted ``or archipelagic
waters'' after ``sea''.
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(5) Interrogations.--No officer or employee of the
United States may interrogate or be present during the
interrogation of any United States person arrested in
any foreign country with respect to narcotics control
efforts without the written consent of such person.
(6) Exception for status of forces arrangements.--
This subsection does not apply to the activities of the
United States Armed Forces in carrying out their
responsibilities under applicable Status of Forces
Arrangements.
(d) \577\ Use of Herbicides for Aerial Eradication.--
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\577\ Subsec. (d), as added by sec. 4 of Public Law 95-384 (92
Stat. 730), was amended by sec. 3(b) of Public Law 96-92 (93 Stat.
702), amended by sec. 502(a)(1) of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1538),
and was further amended and restated by sec. 17(c) of the International
Narcotics Control Act of 1989 (Public Law 101-231; 103 Stat. 1964).
Sec. 502(a)(2) and (3) of Public Law 97-113 also stipulated the
conditions under which funds appropriated prior to enactment of this
amendment could be utilized generally, and specifically in the case of
assistance for Colombia appropriated in fiscal year 1980. Subsection
(d) previously read as follows:
``(d)(1) The Secretary of State shall inform the Secretary of
Health and Human Services of the use or intended use by any country or
international organization of any herbicide to eradicate marihuana in a
program receiving assistance under this chapter.
``(2) The Secretary of Health and Human Services shall monitor the
impact on the health of persons who may use or consume marihuana of the
spraying of a herbicide to eradicate such marihuana in a program
receiving assistance under this chapter, and if the Secretary
determines that such persons are exposed to amounts of such herbicide
which are harmful to their health, the Secretary shall prepare and
transmit a report to the Congress setting forth such determination
together with any recommendations the Secretary may have.
``(3) Of the funds authorized to be appropriated for the fiscal
year 1982 under section 482, the President is urged to use not less
than $100,000 to develop a substance that clearly and readily warns
persons who may use or consume marihuana that it has been sprayed with
the herbicide paraquat or other herbicide harmful to the health of such
person.
``(4) If the Secretary of Agriculture determines that a substance
has been developed that clearly and readily warns persons who may use
or consume marihuana that it has been sprayed with the herbicide
paraquat or other herbicide harmful to the health of such persons, such
substance shall be used in conjunction with the spraying of paraquat or
such other herbicide in any program receiving assistance under this
chapter.
``(5)(A) The President, with the assistance of appropriate Federal
agencies, shall monitor any use under this chapter of a herbicide in
the aerial eradication of coca in order to determine the impact of such
use on the environment and on the health of individuals.
``(B) The President shall report on such impact in the annual
report required by subsection (e).
``(C) If the President determines that any such use is harmful to
the environment or the health of individuals, the President shall
immediately report that determination to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate, together with such recommendations as the
President deems appropriate.''.
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(1) Monitoring.--The President, with the assistance
of appropriate Federal agencies, shall monitor any use
under this chapter of a herbicide for aerial
eradication in order to determine the impact of such
use on the environment and on the health of
individuals.
(2) \578\ Annual reports.--In the annual report
required by section 489(a),\579\ the President shall
report on the impact on the environment and the health
of individuals of the use under this chapter of a
herbicide for aerial eradication.
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\578\ Sec. 101(a) of the International Narcotics Control
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) struck out
para. (2), and redesignated paras. (3) and (4) as paras. (2) and (3).
Para. (2) formerly required that the Secretary of State inform the
Secretary of Health and Human Services and the Administrator of the
Environmental Protection Agency of the use or intended use by any
country or international organization of any herbicide for aerial
eradication in a program receiving assistance under this chapter.
\579\ Sec. 6(b)(1) of the International Narcotics Control Act of
1992 (Public Law 102-583; 106 Stat. 4932) struck out ``subsection (e)''
and inserted in lieu thereof ``section 489(a)''.
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(3) Report upon determination of harm to environment
or health.--If the President determines that any such
use is harmful to the environment or the health of
individuals, the President shall immediately report
that determination to the Committee on Foreign Affairs
\580\ of the House of Representatives and the Committee
on Foreign Relations of the Senate, together with such
recommendations as the President deems appropriate.
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\580\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(e) \581\ Definitions.--For purposes of this chapter and
other provisions of this Act relating specifically to
international narcotics matters--
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\581\ Sec. 101(b)(1) of the International Narcotics Control
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) struck out
``Except as provided in sections 490(h) and (i) with respect to the
definition of major illicit drug producing country and major drug-
transit country, for'' as the opening clause of subsec. (e), inserting
in lieu thereof ``For''. Previously, sec. 6(b)(3) of the International
Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4932)
amended and restated the opening sentence of subsec. (e). Sec. 1003(b)
of the Department of State Authorization Act, Fiscal Years 1984 and
1985 (Public Law 98-164; 97 Stat. 1053) added the original subsec. (e).
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(1) the term ``legal and law enforcement measures''
means--
(A) the enactment and implementation of laws
and regulations or the implementation of
existing laws and regulations to provide for
the progressive control, reduction, and gradual
elimination of the illicit cultivation,
production, processing, transportation, and
distribution of narcotic drugs and other
controlled substances; and
(B) the effective organization, staffing,
equipping, funding, and activation of those
governmental authorities responsible for
narcotics control;
(2) \582\ the term ``major illicit drug producing
country'' means a country in which--
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\582\ Sec. 101(b)(2) of the International Narcotics Control
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) amended
and restated para. (2), changing the measure of ``major illicit drug
producing country'' from quantity of production to acreage devoted to
production. Previously, sec. 17(e) of the International Narcotics
Control Act of 1989 (Public Law 101-231; 103 Stat. 1965) restated para.
(2), adding emphasis on illicit production.
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(A) 1,000 hectares or more of illicit opium
poppy is cultivated or harvested during a year;
(B) 1,000 hectares or more of illicit coca is
cultivated or harvested during a year; or
(C) 5,000 hectares or more of illicit
cannabis is cultivated or harvested during a
year, unless the President determines that such
illicit cannabis production does not
significantly affect the United States;
(3) the term ``narcotic and psychotropic drugs and
other controlled substances'' has the same meaning as
is given by any applicable international narcotics
control agreement or domestic law of the country of
countries concerned;
(4) \583\ the term ``United States assistance''
means--
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\583\ Sec. 5(b) of the International Narcotics Control Act of 1992
(Public Law 102-583; 106 Stat. 4931) amended and restated para. (4).
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(A) any assistance under this Act (including
programs under title IV of chapter 2, relating
to the Overseas Private Investment
Corporation), other than--
(i) assistance under this chapter,
(ii) any other narcotics-related
assistance under this part (including
chapter 4 of part II), but any such
assistance provided under this clause
shall be subject to the prior
notification procedures applicable to
reprogrammings pursuant to section 634A
of this Act,
(iii) disaster relief assistance,
including any assistance under chapter
9 of this part,
(iv) assistance which involves the
provision of food (including
monetization of food) or medicine, and
(v) assistance for refugees;
(B) sales, or financing on any terms, under
the Arms Export Control Act;
(C) the provision of agricultural
commodities, other than food, under the Food
for Peace Act; \584\ and
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\584\ Sec. 3001(b) of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural
Trade Development and Assistance Act of 1954'' and inserted in lieu
thereof ``Food for Peace Act''.
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(D) financing under the Export-Import Bank
Act of 1945;
(5) \585\ the term ``major drug-transit country''
means a country--
---------------------------------------------------------------------------
\585\ Sec. 2005(c)(3) of Public Law 95-570 (100 Stat. 3207-63)
added para. (5).
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(A) that is a significant direct source of
illicit narcotic or psychotropic drugs or other
controlled substances significantly affecting
the United States; or \586\
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\586\ Sec. 1519(c) of the Housing and Community Development Act of
1992 (Public Law 102-550; 106 Stat. 4060) (1) inserted ``or'' to the
end of subpara. (A); (2) struck out ``or'' at the end of subpara. (B)
and inserted a period (but did not strike out semicolon); and (3)
struck out subpara. (C), which formerly read ``(C) through which
significant sums of drug-related profits or monies are laundered with
the knowledge or complicity of the government.''.
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(B) through which are transported such drugs
or substances; \587\
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\587\ Sec. 11(a) of the International Narcotics Control Act of 1992
(Public Law 102-583; 106 Stat. 4934) struck out a period at the end of
para. 5; inserted ``; and''; and added para. (6). Subsequently, sec.
101(b) of the International Narcotics Control Corrections Act of 1994
(Public Law 103-447; 108 Stat. 4691) struck out ``; and'', redesignated
para. (6) as para. (8), and added new paras. (6) and (7).
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(6) \587\ the term ``precursor chemical'' has the
same meaning as the term ``listed chemical'' has under
paragraph (33) of section 102 of the Controlled
Substances Act (21 U.S.C. 802(33); \588\
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\588\ Para. (33) of sec. 102 of the Controlled Substances Act (21
U.S.C. 802(33) defines ``listed chemical'' as ``any list I chemical or
any list II chemical''. List I chemicals are listed in para. (34) of
that section; list II chemicals in para. (35).
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(7) \587\ the term ``major money laundering country''
means a country whose financial institutions engage in
currency transactions involving significant amounts of
proceeds from international narcotics trafficking; and
(8) \587\ the term ``appropriate congressional
committees'' means the Committee on Foreign Affairs
\589\ 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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\589\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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Sec. 482.\590\ Authorization.--(a) \591\ (1) To carry out
the purposes of section 481, there are authorized to be
appropriated to the President $147,783,000 for fiscal year 1993
and $171,500,000 for fiscal year 1994.\592\
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\590\ 22 U.S.C. 2291a. Sec. 482, as added by sec. 503 of the
Foreign Relations Authorization Act of 1972, was amended and restated
by sec. 3 of the International Security Assistance Act of 1977 (Public
Law 95-92; 91 Stat. 614). It formerly read as follows:
``Sec. 482. Authorization.--To carry out the purposes of section
481, there are authorized to be appropriated to the President
$42,500,000 for each of the fiscal years 1974 and 1975, $40,000,000 for
the fiscal year 1976, no part of which may be obligated for or on
behalf of any country where illegal traffic in opiates has been a
significant problem unless and until the President determines and
certifies in writing to the Speaker of the House of Representatives and
the chairman of the Committee on Foreign Relations of the Senate that
assistance furnished to such country pursuant to the authority in this
chapter is significantly reducing the amount of illegal opiates
entering the international market, and not to exceed $34,000,000 for
the fiscal year 1977. Amounts appropriated under this section are
authorized to remain available until expended.''.
\591\ Sec. 5(b) of the International Security Assistance Act of
1978 (Public Law 95-384; 92 Stat. 731) added subsec. designation
``(a)'' and the original text of subsec. (b). Subsec. (a) was further
amended and restated by sec. 3 of the International Security Assistance
Act of 1979 (Public Law 96-92; 93 Stat. 701); and further amended by
Sec. 402(a) of the International Security and Development Cooperation
Act of 1980 (Public Law 96-533; 94 Stat. 3149). The 1980 amendment, in
addition to other changes in subsection (a), struck out a paragraph
which had earmarked $16 million for Colombia during fiscal year 1980
for a variety of items used in the interdiction of drug traffic.
Subsec. (a) was further amended and restated when sec. 502(c) of
the International Security and Development Cooperation Act of 1981
(Public Law 97-113; 95 Stat. 1539) substituted the authorization levels
for fiscal years 1982 and 1983 in lieu of the figure for fiscal year
1981 and deleted a paragraph limiting the fiscal year 1981 U.S.
contribution to the U.N. Fund for Drug Abuse Control to $3,000,000 or
50 percent of total contributions, whichever is less.
Subsec. (a) was further amended when sec. 4201 of the International
Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4267) set
the fiscal year 1989 authorization level and struck out the following:
``In addition to the amounts authorized by the preceding sentence,
there are authorized to be appropriated to the President $45,000,000
for the fiscal year to 1987 to carry out the purposes of section 481,
except that funds may be appropriated pursuant to this additional
authorization only if the President has submitted to the Congress a
detailed plan for the expenditure of those funds, including a
description of how regional cooperation on narcotics control matters
would be promoted by the use of those funds. Of the funds authorized to
be appropriated by the preceding sentence, not less that $10,000,000
shall be available only to provide helicopters or other aircraft to
countries receiving assistance for fiscal year 1987 under this chapter.
These funds shall be used primarily for aircraft which will be based in
Latin America for use for narcotics control eradication and
interdiction efforts throughout the region. These aircraft shall be
used solely for narcotics control, eradication, and interdiction
efforts.''.
Para. (3) of subsec. (a), added by sec. 614 of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
Stat. 231), was struck out by the International Narcotics Control Act
of 1988. It previously read as follows:
``(3) Funds authorized to be appropriated by this section for
fiscal year 1986 and for fiscal year 1987 may be used for a
contribution to the United Nations Fund for Drug Abuse Control only if
that organization includes in its crop substitution projects a plan for
cooperation with the law enforcement forces of the host country.''.
\592\ Authorizations under sec. 482 during recent years included
the following: fiscal year 1975--$42,500,000; fiscal year 1976--
$40,000,000; fiscal year 1977--$34,000,000; fiscal year 1978--
$39,000,000; fiscal year 1979--$40,000,000; fiscal year 1980--
$51,758,000; fiscal year 1981--$38,573,000; fiscal year 1982--
$37,700,000; fiscal year 1983--$37,700,000; fiscal year 1984--
$47,000,000; fiscal year 1985--no authorization; fiscal years 1995
through 2009--no authorization.
Sec. 602 of the International Security and Development Cooperation
Act of 1985 (Public Law 99-83; 99 Stat. 228), added the authorizations
for fiscal years 1986 ($57,529,000) and 1987 ($75,445,000). The
authorization amount for 1987 was subsequently amended by sec. 401 of
Public Law 99-529 and by sec. 2002(1) of Public Law 99-570 (100 Stat.
3207-60). Sec. 16 of the International Narcotics Control Act of 1989
(Public Law 101-231; 103 Stat. 1964) added authorization for fiscal
year 1990 ($115,000,000). Sec. 5 of the International Narcotics Control
Act of 1990 (Public Law 101-623; 104 Stat. 3354) authorized
$150,000,000 for fiscal year 1991. Sec. 3 of the International
Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4914)
added authorization for fiscal years 1993 and 1994.
Congress did not enact an authorization for fiscal year 2009.
Instead, the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H of Public Law 111-8),
waived the requirements for authorization, and title III of that Act
(123 Stat. 849) provides the following:
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``Department of State
``international narcotics control and law enforcement
---------------------------------------------------------------------------
``For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $875,000,000, to remain available until
September 30, 2010: Provided, That during fiscal year 2009, the
Department of State may also use the authority of section 608 of the
Foreign Assistance Act of 1961, without regard to its restrictions, to
receive excess property from an agency of the United States Government
for the purpose of providing it to a foreign country or international
organization under chapter 8 of part I of that Act subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That the Secretary of State shall provide to the
Committees on Appropriations not later than 45 days after the date of
the enactment of this Act and prior to the initial obligation of funds
appropriated under this heading, a report on the proposed uses of all
funds under this heading on a country-by-country basis for each
proposed program, project, or activity: Provided further, That none of
the funds appropriated under this heading for assistance for
Afghanistan may be made available for eradication programs through the
aerial spraying of herbicides unless the Secretary of State determines
and reports to the Committees on Appropriations that the President of
Afghanistan has requested assistance for such aerial spraying programs
for counternarcotics or counterterrorism purposes: Provided further,
That in the event the Secretary of State makes a determination pursuant
to the previous proviso, the Secretary shall consult with the
Committees on Appropriations prior to the obligation of funds for such
eradication programs: Provided further, That of the funds appropriated
under this heading, $5,000,000 should be made available to combat
piracy of United States copyrighted materials, consistent with the
requirements of section 688(a) and (b) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2008
(division J of Public Law 110-161): Provided further, That none of the
funds appropriated under this heading for assistance for Colombia shall
be made available for budget support or as cash payments: Provided
further, That of the funds appropriated under this heading for
administrative expenses, ten percent shall be withheld from obligation
until the Secretary of State submits a report to the Committees on
Appropriations detailing all salaries funded under this heading in
fiscal years 2007 and 2008, and such salaries proposed in fiscal year
2009.
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``andean counterdrug initiative
---------------------------------------------------------------------------
``For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961 to support counterdrug activities in the Andean
region of South America, $315,000,000, to remain available until
September 30, 2010: Provided, That the Secretary of State, in
consultation with the Administrator of the United States Agency for
International Development (USAID), 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 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 funds
appropriated under this heading that are made available for assistance
for the Bolivian military and police may be made available for such
purposes only if the Secretary of State certifies to the Committees on
Appropriations that the Bolivian military and police are respecting
internationally recognized human rights and cooperating fully with
investigations and prosecutions by civilian judicial authorities of
military and police personnel who have been credibly alleged to have
violated such rights: Provided further, That of the funds appropriated
under this heading, not more than $16,730,000 may be available for
administrative expenses of the Department of State, and not more than
$8,000,000 of the funds made available for alternative development/
institution building programs under the heading `Economic Support Fund'
in this Act may be available, in addition to amounts otherwise
available for such purposes, for administrative expenses of USAID.''.
See also in that Act: sec. 7015--Reprogramming Notification
Requirements (123 Stat. 865); sec. 7033--Special Debt Relief for the
Poorest (123 Stat. 876); sec. 7045--Western Hemisphere (123 Stat. 885);
sec. 7046--Colombia (123 Stat. 888); sec. 7082--Extradition (123 Stat.
910); and sec. 7087--Training and Equipment Reports (123 Stat. 913).
See also in that Act, sec. 7019, relating to allocation of
appropriations according to stipulations in the conference report for
allocation of Andean Counterdrug Programs (123 Stat. 868).
Title XI of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1893), provides the following:
---------------------------------------------------------------------------
``DEPARTMENT OF STATE
``International Narcotics Control and Law Enforcement
---------------------------------------------------------------------------
``For an additional amount for `International Narcotics Control and
Law Enforcement', $487,500,000, to remain available until September 30,
2010: Provided, That not less than $160,000,000 shall be made available
for assistance for Mexico to combat drug trafficking and related
violence and organized crime, and for judicial reform, institution
building, anti-corruption, and rule of law activities: Provided
further, That funds made available pursuant to the previous proviso
shall be made available subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations,
except that notifications shall be transmitted at least 5 days in
advance of the obligation of any funds appropriated under this heading:
Provided further, That none of the funds appropriated in this title may
be made available for the cost of fuel for aircraft provided to Mexico,
or for operations and maintenance of aircraft purchased by the
Government of Mexico: Provided further, That in order to enhance border
security and cooperation in law enforcement efforts between Mexico and
the United States, funds appropriated in this title that are available
for assistance for Mexico may be made available for the procurement of
law enforcement communications equipment only if such equipment
utilizes open standards and is compatible with, and capable of
operating with, radio communications systems and related equipment
utilized by Federal law enforcement agencies in the United States to
enhance border security and cooperation in law enforcement efforts
between Mexico and the United States.''.
See also in that Act: sec. 1102--Afghanistan (123 Stat. 1896); sec.
1103--Allocations (123 Stat. 1898); and sec. 1115(e), relating to
Foreign Military Financing under Public Law 110-161 for Colombia (123
Stat. 1906).
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(2) Amounts appropriated under this subsection are
authorized to remain available until expended.
(b) \593\ Procurement of Weapons and Ammunition.--
---------------------------------------------------------------------------
\593\ Sec. 4(e) of the International Narcotics Control Act of 1992
(Public Law 102-583; 106 Stat. 4915) amended and restated subsec. (b).
Subsection (b) was originally added by sec. 5(b) of the International
Security Assistance Act of 1978.
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(1) Prohibition.--Except as provided in paragraph
(2), funds made available to carry out this chapter
shall not be made available for the procurement of
weapons or ammunition.
(2) Exceptions.--Paragraph (1) shall not apply with
respect to funds for the procurement of--
(A) weapons or ammunition provided only for
the defensive arming of aircraft used for
narcotics-related purposes, or
(B) firearms and related ammunition provided
only for defensive purposes to employees or
contract personnel of the Department of State
engaged in activities under this chapter,
if, at least 15 days before obligating those funds, the
President notifies the appropriate congressional
committees in accordance with the procedures applicable
to reprogramming notifications under section 634A.
(c) \594\ Contributions and Reimbursement.--(1) To \595\
ensure local commitment to the activities assisted under this
chapter, a country receiving assistance under this chapter
should bear an appropriate share of the costs of any narcotics
control program, project, or activity for which such assistance
is to be provided. A country may bear such costs on an ``in
kind'' basis.
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\594\ Redesignated from subsec. (d) by sec. 6(b)(4) of the
International Narcotics Control Act of 1992 (Public Law 102-583; 106
Stat. 4932). Originally added by sec. 608 of Public Law 99-83 (99 Stat.
229); amended and restated by sec. 17(g) of the International Narcotics
Control Act of 1989.
\595\ Sec. 131(b)(1) of Public Law 104-164 (110 Stat. 1429) struck
out ``Contribution by Recipient Country.--To'' and inserted in lieu
thereof ``Contributions and Reimbursement.--(1) To''.
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(2) \596\ (A) The President is authorized to accept
contributions from foreign governments to carry out the
purposes of this chapter. Such contributions shall be deposited
as an offsetting collection to the applicable appropriation
account and may be used under the same terms and conditions as
funds appropriated pursuant to this chapter.
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\596\ Sec. 131(b)(2) of Public Law 104-164 (110 Stat. 1429) added
paras. (2) and (3).
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(B) At the time of submission of the annual congressional
presentation documents required by section 634(a), the
President shall provide a detailed report on any contributions
received in the preceding fiscal year, the amount of such
contributions, and the purposes for which such contributions
were used.
(3) \596\ The President is authorized to provide assistance
under this chapter on a reimbursable basis. Such reimbursements
shall be deposited as an offsetting collection to the
applicable appropriation and may be used under the same terms
and conditions as funds appropriated pursuant to this chapter.
(d) \597\ Administrative Assistance.--(1) Except as
provided in paragraph (2), personnel funded pursuant to this
section are authorized to provide administrative assistance to
personnel assigned to the bureau designated by the Secretary of
State to replace the Bureau for International Narcotics
Matters.
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\597\ Sec. 164(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 411), added
subsec. (d).
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(2) Paragraph (1) shall not apply to the extent that it
would result in a reduction in funds available for
antinarcotics assistance to foreign countries.
(e) \598\ Advance Notification of Transfer of Seized
Assets.--The President shall notify the appropriate
congressional committees at least 10 days prior to any transfer
by the United States Government to a foreign country for
narcotics control purposes of any property or funds seized by
or otherwise forfeited to the United States Government in
connection with narcotics-related activity.
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\598\ Sec. 101(c) of the International Narcotics Control
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) added
subsec. (e).
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(f) \599\ Treatment of Funds.--Funds transferred to and
consolidated with funds appropriated pursuant to this chapter
may be made available on such terms and conditions as are
applicable to funds appropriated pursuant to this chapter.
Funds so transferred or consolidated shall be apportioned
directly to the bureau within the Department of State
responsible for administering this chapter.
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\599\ Sec. 131(c) of Public Law 104-164 (110 Stat. 1429) added
secs. (f) and (g).
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(g) \599\ Excess Property.--For purposes of this chapter,
the Secretary of State may use the authority of section 608,
without regard to the restrictions of such section, to receive
nonlethal excess property from any agency of the United States
Government for the purpose of providing such property to a
foreign government under the same terms and conditions as funds
authorized to be appropriated for the purposes of this chapter.
Sec. 483.\600\ Prohibition on Use of Foreign Assistance for
Reimbursements for Drug Crop Eradications.--Funds made
available to carry out this Act may not be used to reimburse
persons whose illicit drug crops are eradicated.
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\600\ 22 U.S.C. 2291b. Added by sec. 609 of Public Law 99-83 (99
Stat. 230).
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SEC. 484.\601\ REQUIREMENTS RELATING TO AIRCRAFT AND OTHER EQUIPMENT.
(a) Retention of Title to Aircraft.--
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\601\ 22 U.S.C. 2291c. Sec. 4(f)(1) of the International Narcotics
Control Act of 1992 (Public Law 102-583; 106 Stat. 4916) amended and
restated sec. 484. Sec. 484 was originally added by sec. 2003 of the
International Narcotics Control Act of 1986, and amended by sec. 7 of
the International Narcotics Control Act of 1990.
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(1) In general.--(A) Except as provided in paragraph
(2), any aircraft made available to a foreign country
under this chapter, or made available to a foreign
country primarily for narcotics-related purposes under
any other provision of law, shall be provided only on a
lease or loan basis.
(B) Subparagraph (A) applies to aircraft made
available at any time after October 27, 1986 (which was
the date of enactment of the International Narcotics
Control Act of 1986).
(2) Exceptions.--(A) Paragraph (1) shall not apply to
the extent that--
(i) the application of that paragraph with
respect to particular aircraft would be
contrary to the national interest of the United
States; and
(ii) the President notifies the appropriate
congressional committees in accordance with the
procedures applicable to reprogramming
notifications under section 634A.
(B) Paragraph (1) does not apply with respect to
aircraft made available to a foreign country under any
provision of law that authorizes property that has been
civilly or criminally forfeited to the United States to
be made available to foreign countries.
(3) Assistance for leasing of aircraft.--(A) For
purposes of satisfying the requirement of paragraph
(1), funds made available for the ``Foreign Military
Financing Program'' under section 23 of the Arms Export
Control Act may be used to finance the leasing of
aircraft under chapter 6 of that Act.
(B) Section 61(a)(3) of that Act shall not apply with
respect to leases so financed; rather the entire cost
of any such lease (including any renewals) shall be an
initial, one time payment of the amount which would be
the sales price for the aircraft if they were sold
under section 21(a)(1)(B) or section 22 of that Act (as
appropriate).
(C) To the extent that aircraft so leased were
acquired under chapter 5 of that Act, funds used
pursuant to this paragraph to finance such leases shall
be credited to the Special Defense Acquisition Fund
under chapter 5 of that Act (excluding the amount of
funds that reflects the charges described in section
21(e)(1) of that Act). The funds described in the
parenthetical clause of the preceding sentence shall be
available for payments consistent with sections 37(a)
and 43(b) of that Act.
(b) \602\ Permissible Uses of Aircraft and Other
Equipment.--The President shall take all reasonable steps to
ensure that aircraft and other equipment made available to
foreign countries under this chapter are used only in ways that
are consistent with the purposes for which such equipment was
made available.
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\602\ Sec. 4(f)(2)(B) of the International Narcotics Control Act of
1992 (Public Law 102-583; 106 Stat. 4917) struck ``In General'' and
inserted in lieu thereof ``Permissible Uses of Aircraft and Other
Equipment''. Sec. 4(f)(2)(D) of that Act redesignated sec. 489(a) as
sec. 484(b).
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(c) \603\ Reports.--In the reports submitted pursuant to
section 489(a),\604\ the President shall discuss--
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\603\ Sec. 4(f)(2)(D) of the International Narcotics Control Act of
1992 (Public Law 102-583; 106 Stat. 4917) redesignated sec. 489(b) as
sec. 484(c).
\604\ Sec. 4(f)(2)(C) of the International Narcotics Control Act of
1992 (Public Law 102-583; 106 Stat. 4917) struck out ``subsection
(e)'', and inserted in lieu thereof ``section 489(a)''.
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(1) any evidence indicating misuse by a foreign
country of aircraft or other equipment made available
under this chapter, and
(2) the actions taken by the United States Government
to prevent future misuse of such equipment by that
foreign country.
Sec. 485.\605\ Records of Aircraft Use.--(a) Requirement To
Maintain Records.--The President \606\ shall maintain detailed
records on the use of any aircraft made available to a foreign
country under this chapter, including aircraft made available
before the enactment of this section.
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\605\ 22 U.S.C. 2291d. Added by sec. 2003 of Public Law 99-570 (100
Stat. 3207-61).
\606\ Sec. 4(f)(3) of the International Narcotics Control Act of
1992 (Public Law 102-583; 106 Stat. 4917) struck out ``Secretary of
State'' both places it appeared in sec. 485 and inserted in lieu
thereof ``President''.
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(b) Congressional Access to Records.--The President shall
make the records maintained pursuant to subsection (a)
available to the Congress upon a request of the Chairman of the
Committee on Foreign Affairs \607\ of the House of
Representatives or the Chairman of the Committee on Foreign
Relations of the Senate.
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\607\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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Sec. 486.\608\ Reallocation of Funds Withheld from
Countries Which Fail to Take Adequate Steps to Halt Illicit
Drug Production or Trafficking.
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\608\ 22 U.S.C. 2291e. Added by sec. 4206(a) of the International
Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4270).
Sec. 4206(b) of the same Act stipulated the following:
``(1) The amendment made by subsection (a) of this section
supersedes section 578(d) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1989 (Public Law 100-461).
``(2) Funds may be transferred pursuant to paragraph (1) of section
486(a) of the Foreign Assistance Act of 1961 (as enacted by this
section) notwithstanding section 514 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1989 (as amended by
section 589 of that Act), relating to transfers between accounts.''.
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(a) \609\ If any funds authorized to be appropriated for
any fiscal year for assistance under this Act \610\ are not
used for assistance for the country for which those funds were
allocated because of the requirements of section 490 \611\ or
any other provision of law requiring the withholding of
assistance for countries that have not taken adequate steps to
halt illicit drug production or trafficking, the President
shall use those funds for additional assistance for those
countries which have met their illicit drug eradication targets
or have otherwise taken significant steps to halt illicit drug
production or trafficking, as follows:
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\609\ Sec. 101(d)(1) of the International Narcotics Control
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out
subsec. (a) catchline, which read ``Additional Assistance for Countries
Taking Significant Steps.--''.
\610\ Sec. 101(d)(2) of the International Narcotics Control
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out
``security assistance'' and inserted in lieu thereof ``assistance under
this Act''.
\611\ Sec. 6(b)(5)(A) of the International Narcotics Control Act of
1992 (Public Law 102-583; 106 Stat. 4932) struck out ``481(h)'', and
inserted in lieu thereof ``490''.
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(1) International narcotics control assistance.--
Those funds may be transferred to and consolidated with
the funds appropriated to carry out this chapter in
order to provide additional narcotics control
assistance for those countries. Funds transferred under
this paragraph may only be used to provide increased
funding for activities previously justified to the
Congress. Transfers may be made under this paragraph
without regard to the 20-percent increase limitation
contained in section 610(a). This paragraph does not
apply with respect to funds made available for
assistance under the Arms Export Control Act.
(2) Other \612\ assistance.--Any such funds not used
under paragraph (1) shall be reprogrammed within the
account for which they were appropriated (subject to
the regular reprogramming procedures under section
634A) in order to provide additional \613\ assistance
for those countries.
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\612\ Sec. 101(d)(3)(A) of the International Narcotics Control
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out
``Security'' in the para. (2) catchline, and inserted in lieu thereof
``Other''. Sec. 101(d)(4) of that Act struck out subsec. (b) in this
section, which had provided a definition of ``security assistance''.
\613\ Sec. 101(d)(3)(B) of the International Narcotics Control
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out
``security'' here.
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Sec. 487.\614\ Prohibition on Assistance to Drug
Traffickers.
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\614\ 22 U.S.C. 2291f. Added by sec. 4503 of the International
Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4285).
---------------------------------------------------------------------------
(a) Prohibition.--The President shall take all reasonable
steps to ensure that assistance under this Act and the Arms
Export Control Act is not provided to or through any individual
or entity that the President knows or has reason to believe--
(1) has been convicted of a violation of, or a
conspiracy to violate, any law or regulation of the
United States, a State or the District of Columbia, or
a foreign country relating to \615\ narcotic or
psychotropic drugs or other controlled substances;
\616\ or
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\615\ Sec. 101(e) of the International Narcotics Control
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) inserted
``to'' after ``relating''.
\616\ Sec. 6(b)(6) of the International Narcotics Control Act of
1992 (Public Law 102-583; 106 Stat. 4932) struck out ``(as defined in
section 481(i)(3) of this Act)'' preceding the semicolon.
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(2) is or has been an illicit trafficker in any such
controlled substance or is or has been a knowing
assistor, abettor, conspirator, or colluder with others
in the illicit trafficking in any such substance.
(b) \617\ Regulations.--The President shall issue
regulations specifying the steps to be taken in carrying out
this section.
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\617\ The Bureau of International Narcotics Matters, Department of
State, issued regulations to implement sec. 487 in Public Notice 2840
(22 CFR Part 140; 63 F.R. 36571; July 7, 1998). The initial proposed
rule was issued in Public Notice 2159 (60 F.R. 7737; February 9, 1995).
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(c) Congressional Review of Regulations.--Regulations
issued pursuant to subsection (b) shall be submitted to the
Congress before they take effect.
SEC. 488.\618\ LIMITATIONS ON ACQUISITION OF REAL PROPERTY AND
CONSTRUCTION OF FACILITIES.
(a) Acquisition of Real Property.--
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\618\ 22 U.S.C. 2291g. Sec. 4(g) of the International Narcotics
Control Act of 1992 (Public Law 102-583; 106 Stat. 4917) amended and
restated sec. 488. It was originally added by sec. 4505 of the
International Narcotics Control Act of 1988. Sec. 671(3) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116
Stat. 1407), struck out subsec. (a)(3), which had required the
Secretary of State to report to Congress at the end of each quarter on
all leases entered into pursuant to para. (2).
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(1) Prohibition.--Funds made available to carry out
this chapter may not be used to acquire (by purchase or
other means) any land or other real property for use by
foreign military, paramilitary, or law enforcement
forces.
(2) Exception for certain leases.--Paragraph (1)
shall not apply to the acquisition of real property by
lease of a duration not to exceed 2 years.
(b) Construction of Facilities.--
(1) Limitation.--Funds made available to carry out
this chapter may not be used for construction of
facilities for use by foreign military, paramilitary,
or law enforcement forces unless, at least 15 days
before obligating funds for such construction, the
President notifies the appropriate congressional
committees in accordance with procedures applicable to
reprogramming notifications under section 634A.
(2) Exception.--Paragraph (1) shall not apply to the
construction of facilities which would require the
obligation of less than $750,000 under this chapter.
SEC. 489.\619\ REPORTING REQUIREMENTS.
(a) International Narcotics Control Strategy Report.--Not
later than March 1 \620\ of each year, the President shall
transmit to the Speaker of the House of Representatives, and to
the Committee on Foreign Relations of the Senate, a report
containing the following:
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\619\ 22 U.S.C. 2291h. Added by sec. 5(a) of the International
Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917).
Sec. 101(f)(1)(A) of the International Narcotics Control
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out
``for fiscal years 1993 and 1994'' from the section heading and
inserted in lieu thereof ``for fiscal year 1995''. Sec. 1112(c)(1) of
Public Law 104-66 (109 Stat. 707) struck out ``for fiscal year 1995''.
Sec. 4507 of the International Narcotics Control Act of 1988
(Public Law 100-690; 102 Stat. 4286) added the original sec. 489. Sec.
4(f)(2) of the International Narcotics Control Act of 1992 (Public Law
102-583; 106 Stat. 4917) struck out subsecs. (c) and (d) of the
original sec. 489, and restated subsecs. (a) and (b), as sec. 484,
subsecs. (c) and (d).
Subsec. (c) of this section was struck out by sec. 1112(c)(2) of
Public Law 104-66 (109 Stat. 707). Originally enacted as subsec. (d),
redesignated as subsec. (c) by sec. 101(f)(1)(D) of the International
Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108
Stat. 4692). Subsec. (c) formerly read as follows:
``(c) Effective Date of Sections.--This section applies only during
fiscal year 1995. Section 489A does not apply during that fiscal
year.''.
\620\ Sec. 101(f)(1)(B)(i) of the International Narcotics Control
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out
``April 1'' in subsec. (a), and inserted in lieu thereof ``March 1''.
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(1) For each country that received assistance under
this chapter for either of the 2 preceding fiscal
years, a report on the extent to which the country
has--
(A) met the goals and objectives of the
United Nations Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic
Substances, including action on such issues as
illicit cultivation, production, distribution,
sale, transport, and financing, and money
laundering, asset seizure, extradition, mutual
legal assistance, law enforcement and transit
cooperation, precursor chemical control, and
demand reduction;
(B) accomplished the goals described in an
applicable bilateral narcotics agreement with
the United States or a multilateral agreement;
and
(C) taken legal and law enforcement measures
to prevent and punish public corruption,
especially by senior government officials, that
facilitates the production, processing, or
shipment of narcotic and psychotropic drugs and
other controlled substances, or that
discourages the investigation or prosecution of
such acts.
(2)(A) A description of the policies adopted,
agreements concluded, and programs implemented by the
Department of State in pursuit of its delegated
responsibilities for international narcotics control,
including appropriate information on the status of
negotiations between the United States and other
countries on updated extradition treaties, mutual legal
assistance treaties, precursor chemical controls, money
laundering, and agreements pursuant to section 2015 of
the International Narcotics Act of 1986 (relating to
interdiction procedures for vessels of foreign
registry).
(B) Information on multilateral and bilateral
strategies with respect to money laundering pursued by
the Department of State, the Department of Justice, the
Department of the Treasury, and other relevant United
States Government agencies, either collectively or
individually, to ensure the cooperation of foreign
governments with respect to narcotics-related money
laundering and to demonstrate that all United States
Government agencies are pursuing a common strategy with
respect to major money laundering countries. The report
shall include specific detail to demonstrate that all
United States Government agencies are pursuing a common
strategy with respect to achieving international
cooperation against money laundering and are pursuing a
common strategy with respect to major money laundering
countries, including a summary of United States
objectives on a country-by-country basis.
(3) \621\ The identity of those countries which are--
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\621\ Sec. 101(f)(1)(B)(ii) of the International Narcotics Control
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out
subpara. (B), and redesignated subparas. (C) and (D) as subparas. (B)
and (C). Subpara. (B) formerly read as follows:
``(B) the significant direct or indirect sources of narcotics and
psychotropic drugs and other controlled substances significantly
affecting the United States;''.
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(A) major illicit drug producing countries or
major drug-transit countries as determined
under section 490(h);
(B) major sources of precursor chemicals used
in the production of illicit narcotics; or
(C) major money laundering countries.
(4) In addition, for each country identified pursuant
to paragraph (3), the following:
(A) A description of the plans, programs, and
timetables adopted by such country, including
efforts to meet the objectives of the United
Nations Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances, and
a discussion of the adequacy of the legal and
law enforcement measures taken and the
accomplishments achieved in accord with those
plans.
(B) Whether as a matter of government policy
or practice, such country encourages or
facilitates the illicit production or
distribution of narcotic or psychotropic drugs
or other controlled substances or the
laundering of proceeds from illegal drug
transactions; and whether any senior official
of the government of such country engages in,
encourages, or facilitates the illicit
production or distribution of such drugs or
substances, or the laundering of proceeds from
illegal drug transactions.
(5) In addition, for each country identified pursuant
to paragraph (3)(A) or (3)(B), a detailed status
report, with such information as can be reliably
obtained, on the narcotic or psychotropic drugs or
other controlled substances which are being cultivated,
produced, or processed in or transported through such
country, noting significant changes in conditions, such
as increases or decreases in the illicit cultivation
and manufacture of and traffic in such drugs and
substances.
(6) In addition, for those countries identified
pursuant to paragraph (3)(C)--
(A) which countries are parties to
international agreements on a method for
maintaining records of transactions of an
established list of precursor and essential
chemicals;
(B) which countries have established a
procedure by which such records may be made
available to United States law enforcement
authorities; and
(C) which countries have enacted national
chemical control legislation which would impose
specific recordkeeping and reporting
requirements for listed chemicals, establish a
system of permits or declarations for imports
and exports of listed chemicals, and authorize
government officials to seize or suspend
shipments of listed chemicals.
(7) In addition, for those countries identified
pursuant to paragraph (3)(D) the following:
(A)(i) Which countries have financial
institutions engaging in currency transactions
involving international narcotics trafficking
proceeds that include significant amounts of
United States currency or currency derived from
illegal drug sales in the United States or that
otherwise significantly affect the United
States;
(ii) which countries identified pursuant to
clause (i) have not reached agreement with the
United States authorities on a mechanism for
exchanging adequate records in connection with
narcotics investigations and proceedings; and
(iii) which countries identified pursuant to
clause (ii)--
(I) are negotiating in good faith
with the United States to establish
such a record-exchange mechanism, or
(II) have adopted laws or regulations
that ensure the availability to
appropriate United States Government
personnel and those of other
governments of adequate records in
connection with narcotics
investigations and proceedings.
(B) Which countries--
(i) have ratified the United Nations
Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic
Substances and are taking steps to
implement that Convention and other
applicable agreements and conventions
such as the recommendations of the
Financial Action Task Force, the policy
directive of the European Community,
the legislative guidelines of the
Organization of American States, and
other similar declarations; and
(ii) have entered into bilateral
agreements for the exchange of
information on money-laundering with
countries other than the United States.
(C) Findings on each country's adoption of
law and regulations considered essential to
prevent narcotics-related money laundering.
Such findings shall include whether a country
has--
(i) criminalized narcotics money
laundering;
(ii) required banks and other
financial institutions to know and
record the identity of customers
engaging in significant transactions,
including the recording of large
currency transactions at thresholds
appropriate to that country's economic
situation;
(iii) required banks and other
financial institutions to maintain, for
an adequate time, records necessary to
reconstruct significant transactions
through financial institutions in order
to be able to respond quickly to
information requests from appropriate
government authorities in narcotics-
related money laundering cases;
(iv) required or allowed financial
institutions to report suspicious
transactions;
(v) established systems for
identifying, tracing, freezing,
seizing, and forfeiting narcotics-
related assets;
(vi) enacted laws for the sharing of
seized narcotics assets with other
governments;
(vii) cooperated, when requested,
with appropriate law enforcement
agencies of other governments
investigating financial crimes related
to narcotics; and
(viii) addressed the problem on
international transportation of
illegal-source currency and monetary
instruments.
The report shall also detail instances of refusals to
cooperate with foreign governments, and any actions
taken by the United States Government and any
international organization to address such obstacles,
including the imposition of sanctions or penalties.
(8) \622\ (A) A separate section that contains the
following:
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\622\ Sec. 722(a) of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 268) added
para. (8). Sec. 722(d) and (e) of that Act (120 Stat. 269) provided the
following:
``(d) Plan to Address Diversion of Precursor Chemicals.--In the
case of each country identified pursuant to clause (i) or (ii) of
section 489(a)(8)(A) of the Foreign Assistance Act of 1961 (as added by
subsection (a)) with respect to which the President has not transmitted
to Congress a certification under section 490(b) of such Act (22 U.S.C.
2291j(b)), the Secretary of State, in consultation with the Attorney
General, shall, not later than 180 days after the date on which the
President transmits the report required by section 489(a) of such Act
(22 U.S.C. 2291h(a)), submit to Congress a comprehensive plan to
address the diversion of the chemicals described in section
489(a)(8)(A)(i) of such Act to the illicit production of
methamphetamine in such country or in another country, including the
establishment, expansion, and enhancement of regulatory, law
enforcement, and other investigative efforts to prevent such diversion.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of State to carry out this section
$1,000,000 for each of the fiscal years 2006 and 2007.''.
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(i) An identification of the five countries
that exported the largest amount of
pseudoephedrine, ephedrine, and
phenylpropanolamine (including the salts,
optical isomers, or salts of optical isomers of
such chemicals, and also including any products
or substances containing such chemicals) during
the preceding calendar year.
(ii) An identification of the five countries
that imported the largest amount of the
chemicals described in clause (i) during the
preceding calendar year and have the highest
rate of diversion of such chemicals for use in
the illicit production of methamphetamine
(either in that country or in another country).
(iii) An economic analysis of the total
worldwide production of the chemicals described
in clause (i) as compared to the legitimate
demand for such chemicals worldwide.
(B) The identification of countries that imported the
largest amount of chemicals under subparagraph (A)(ii)
shall be based on the following:
(i) An economic analysis that estimates the
legitimate demand for such chemicals in such
countries as compared to the actual or
estimated amount of such chemicals that is
imported into such countries.
(ii) The best available data and other
information regarding the production of
methamphetamine in such countries and the
diversion of such chemicals for use in the
production of methamphetamine.
(b) Annual Reports on Assistance.--
(1) In general.--At the time that the report required
by subsection (a) is submitted each year, the Secretary
of State, in consultation with appropriate United
States Government agencies, shall report to the
appropriate committees of the Congress on the
assistance provided or proposed to be provided by the
United States Government during the preceding fiscal
year, the current fiscal year, and the next fiscal year
to support international efforts to combat illicit
narcotics production or trafficking.
(2) Information to be included.--Each report pursuant
to this subsection shall--
(A) specify the amount and nature of the
assistance provided or to be provided;
(B) include, for each country identified in
subsection (a)(3)(A), information from the Drug
Enforcement Administration, the Customs
Service, and the Coast Guard describing in
detail--
(i) the assistance provided or to be
provided to such country by that
agency, and
(ii) the assistance provided or to be
provided to that agency by such
country,
with respect to narcotic control efforts during
the preceding fiscal year, the current fiscal
year, and the next fiscal year; and
(C) list all transfers, which were made by
the United States Government during the
preceding fiscal year, to a foreign country for
narcotics control purposes of any property
seized by or otherwise forfeited to the United
States Government in connection with narcotics-
related activity, including an estimate of the
fair market value and physical condition of
each item of property transferred.
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\623\ Formerly at 22 U.S.C. 2291i. Sec. 1112 of Public Law 104-66
(109 Stat. 707) repealed secs. 489A--Reporting Requirements Applicable
After September 30, 1995--and 490A--Annual Certification Procedures
After September 30, 1995. That section also amended the section
catchlines of secs. 489 and 490, striking out ``for fiscal year 1995''
in each case. Sec. 489A was originally added by sec. 5(a) of the
International Narcotics Control Act of 1992 (Public Law 102-583; 106
Stat. 4917), the heading originally read ``Reporting Requirements
Applicable After September 30, 1994.''. Sec. 101(f)(2) of the
International Narcotics Control Corrections Act of 1994 (Public Law
103-447; 108 Stat. 4692) struck out ``1994'' and inserted in lieu
thereof ``1995''.
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SEC. 489A.\623\ * * * [REPEALED--1995]
SEC. 490.\624\ ANNUAL CERTIFICATION PROCEDURES.
(a) Withholding of Bilateral Assistance and Opposition to
Multilateral Development Assistance.--
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\624\ 22 U.S.C. 2291j. Added by sec. 5(a) of the International
Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917), the
heading originally read ``annual certification procedures for fiscal
years 1993 and 1994.''. Sec. 101(g)(1)(A) of the International
Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108
Stat. 4692) struck out ``for fiscal years 1993 and 1994'', and inserted
in lieu thereof ``for fiscal year 1995''. Sec. 1112(b) of Public Law
104-66 (109 Stat. 707) struck out ``for fiscal year 1995''.
Sec. 1112(d)(2) of Public Law 104-66 (104 Stat. 707) struck out
subsec. (i) to this section. Previously amended and restated by sec.
101(g)(1)(H) of the International Narcotics Control Corrections Act of
1994 (Public Law 103-447; 108 Stat. 4693), subsec. (i) most recently
read as follows:
``(i) Effective Dates of Sections.--This section applies only
during fiscal year 1995. Section 490A does not apply during that fiscal
year.''.
Sec. 706 of the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228; 116 Stat. 1424; 22 U.S.C. 2291j-1), as
amended, provides the following:
``sec. 706. international drug control certification procedures.
``During any fiscal year, funds that would otherwise be withheld
from obligation or expenditure under section 490 of the Foreign
Assistance Act of 1961 may be obligated or expended beginning October 1
of such fiscal year provided that:
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``(1) Report.--Not later than September 15 of the previous fiscal year
the President has submitted to the appropriate congressional committees a
report identifying each country determined by the President to be a major
drug transit country or major illicit drug producing country as defined in
section 481(e) of the Foreign Assistance Act of 1961.
``(2) Designation and justification.--In each report under paragraph (1),
the President shall also--
``(A) designate each country, if any, identified in such report that has
failed demonstrably, during the previous 12 months, to make substantial
efforts--
``(i) to adhere to its obligations under international
counternarcotics agreements; and
``(ii) to take the counternarcotics measures set forth in
section 489(a)(1) of the Foreign Assistance Act of 1961; and
``(B) include a justification for each country so designated.
``(3) Limitation on assistance for designated countries.--In the case of
a country identified in a report under paragraph (1) that is also
designated under paragraph (2) in the report, United States assistance may
be provided to such country in the subsequent fiscal year only if the
President determines and reports to the appropriate congressional
committees that--
``(A) provision of such assistance to the country in such fiscal year is
vital to the national interests of the United States; or
``(B) subsequent to the designation being made under paragraph (2)(A),
the country has made substantial efforts--
``(i) to adhere to its obligations under international
counternarcotics agreements; and
``(ii) to take the counternarcotics measures set forth in
section 489(a)(1) of the Foreign Assistance Act of 1961.
``(4) International counternarcotics agreement defined.--In this section,
the term ``international counternarcotics agreement'' means--
``(A) the United Nations Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances; or
``(B) any bilateral or multilateral agreement in force between the United
States and another country or countries that addresses issues relating to
the control of illicit drugs, such as--
``(i) the production, distribution, and interdiction of
illicit drugs;
``(ii) demand reduction;
``(iii) the activities of criminal organizations;
``(iv) international legal cooperation among courts,
prosecutors, and law enforcement agencies (including the
exchange of information and evidence);
``(v) the extradition of nationals and individuals
involved in drug-related criminal activity;
``(vi) the temporary transfer for prosecution of
nationals and individuals involved in drug-related criminal
activity;
``(vii) border security;
``(viii) money laundering;
``(ix) illicit firearms trafficking;
``(x) corruption;
``(xi) control of precursor chemicals;
``(xii) asset forfeiture; and
``(xiii) related training and technical assistance,
and includes, where appropriate, timetables and objective and measurable
standards to assess the progress made by participating countries with
respect to such issues.
``(5) Application.--(A) Section 490 (a) through (h) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291j(a)-(h)) shall not apply during any
fiscal year with respect to any country identified in the report required
by paragraph (1) of this section.
``(B) Notwithstanding paragraphs (1) through (5)(A) of this section, the
President may apply the procedures set forth in section 490 (a) through (h)
of the Foreign Assistance Act of 1961 during any fiscal year with respect
to any country determined to be a major drug transit country or major
illicit drug producing country as defined in section 481(e) of the Foreign
Assistance Act of 1961.
``(C) Nothing in this section shall affect the requirements of section
490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) with respect to
countries identified pursuant to section [sic] clause (i) or (ii) of
489(a)(8)(A) [sic] of the Foreign Assistance Act of 1961.
``(6) Statutory construction.--Nothing in this section supersedes or
modifies the requirement in section 489(a) of the Foreign Assistance Act of
1961 (with respect to the International Narcotics Control Strategy Report)
for the transmittal of a report not later than March 1, each fiscal year
under that section.
``(7) Transition rule.--For funds obligated or expended under this
section in fiscal year 2003, the date for submission of the report required
by paragraph (1) of this section shall be at least 15 days before funds are
obligated or expended.
``(8) Effective date.--This section shall take effect upon the date of
enactment of this Act into law and shall remain in effect thereafter unless
Congress enacts subsequent legislation repealing such section.''.
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Pursuant to sec. 706, the President submitted the following
determination on September 15, 2008 (Presidential Determination No.
2008-28; 73 F.R. 54927):
``Pursuant to section 706(1) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107-228) (FRAA), I hereby identify
the following countries as major drug transit or major illicit drug
producing countries: Afghanistan, The Bahamas, Bolivia, Brazil, Burma,
Colombia, Dominican Republic, Ecuador, Guatemala, Haiti, India,
Jamaica, Laos, Mexico, Nigeria, Pakistan, Panama, Paraguay, Peru, and
Venezuela.
``A country's presence on the Majors List is not necessarily an
adverse reflection of its government's counternarcotics efforts or
level of cooperation with the United States. Consistent with the
statutory definition of a major drug transit or drug producing country
set forth in section 481(e)(2) and (5) of the Foreign Assistance Act of
1961, as amended (FAA), one of the reasons that major drug transit or
illicit drug producing countries are placed on the list is the
combination of geographical, commercial, and economic factors that
allow drugs to transit or be produced despite the concerned
government's most assiduous enforcement measures.
``Pursuant to section 706(2)(A) of the FRAA, I hereby designate
Bolivia, Burma, and Venezuela as countries that have failed
demonstrably during the previous 12 months to adhere to their
obligations under international counternarcotics agreements and take
the measures set forth in section 489(a)(1) of the FAA. Attached to
this report are justifications for the determinations on Bolivia,
Burma, and Venezuela, as required by section 706(2)(B). I have also
determined, in accordance with provisions of section 706(3)(A) of the
FRAA, that support for programs to aid Venezuela's democratic
institutions and continued support for bilateral programs in Bolivia
are vital to the national interests of the United States.
``Under the leadership of President Karzai, the Government of
Afghanistan has made some progress in combating narcotics. However,
drug trafficking remains a serious threat to the future of Afghanistan,
contributing to widespread public corruption, damaging legitimate
economic growth, and fueling violence and insurgency.
``A successful countarnarcotics strategy in Afghanistan hinges on
maintaining security, building public capacity, attaining local
support, and actively pursuing our joint counternarcotics strategy.
``Poppy cultivation continues to be marked by the divide between
the increasingly poppy-free northern provinces and the insurgency-
dominated regions in the south. Through political will, and by using a
mixture of incentives and disincentives, governors in key northern
provinces like Badakshan and Nangarhar have a significantly reduced
poppy cultivation.
``Inspired by the Nangarhar model, the newly appointed governor of
the souther province of Helmand has taken bold steps to implement the
first truly serious counternarcotics campaign in the province. It is
clear that progress in Helmand Province will not come easily. Drug
control efforts in this area of pronounced poppy cultivation are
thwarted by heavily entrenched Taliban centers of power. In 2007
Helmand Province cultivated more than half of Afghanistan's illegal
poppy crop.
``Difficult security conditions greatly impede counternarcotics
operations, particularly in the south and southwest provinces, areas in
which the insurgency and organized crime groups predominate and where
over 85 percent of Afghan poppy is cultivated.
``Drug-related corruption in Afghanistan--one of the most
intransigent problems in the country--must be confronted, particularly
at provincial and district government levels. Corruption and illegal
drugs in Afghanistan threaten to undermine all aspects of the country's
efforts to build a sustainable economic infrastructure and functioning
democracy.
``The United States enjoys close cooperation with Canada across a
broad range of law enforcement issues. Both of our nations face a
serious challenge from the 2-way flow of drugs across our long border.
While Canada is primarily a drug consuming country, it is also a
significant producer of highly potent marijuana and has become the
primary source country for MDMA (ecstasy) available in the United
States. Additionally, Canada serves as a transit or diversion point for
precursor chemicals and over-the-counter pharmaceuticals used to
produce illicit synthetic drugs, most notably MDMA. While
methamphetamine use has decreased in the United States, due in large
part to past efforts to reduce precursor chemical diversion by Canadian
authorities, production of finished methamphetamine is increasing in
Canada and could lead to greater supplies in the United States. Canada
is pursuing a new National Anti-Drug Strategy that focuses on proven
approaches to reduce drug use and deter drug trafficking. The United
States and Canada continue to work productively in joint law
enforcement operations that disrupt drug and currency smuggling
operations along the border.
``The growing expansion of drug trafficking in Central America
poses serious challenges to the region's limited capability to combat
both the narcotics trade and organized crime. We are particularly
concerned about the increasing presence of drug trafficking
organizations in Central America that are fleeing more robust
counternarcotics regimes elsewhere, especially in Mexico and Colombia.
Often unimpeded, traffickers use long Central American coastlines for
illegal maritime drug shipments. Even though there have been noteworthy
seizures, a high proportion of drugs transiting Central America are not
detected or seized.
``The March 2008 gun battle between drug organizations in Guatemala
demonstrates that criminal organizations such as the Sinaloa cartel are
trying to reinforce their trafficking strongholds in Central America.
In 2008, Guatemala passed new anti-organized crime and extradition
laws. While such actions are encouraging, Guatemala must work
aggressively to implement these measures, just as neighboring countries
must redouble their practical efforts to implement adopted reforms
aimed at thwarting criminal activity.
``The United States is encouraged by the commitment of the Regional
Integration System to a regional response, such as sharing
counternarcotics intelligence. Support for cohesive regional
institution-building and practical law enforcement enhancements in
Central America are critical components to a successful regional
counternarcotics strategy. We look forward to working with Guatemala
and other Central American nations to support counternarcotics programs
and the rule of law under the new Merida Initiative.
``The Government of Ecuador is committed to protecting its borders
and territory against drug trafficking and other transnational crimes.
The increased presence of Ecuadorian security forces in its
counternarcotics efforts provided a more effective deterrent to drug
production and trafficking. The identification of new trafficking
trends and increased staffing and inspection at all air, land, and sea
ports are also helping to hinder drug trafficking. With a system for
tracking vessels already in place, Ecuador is expanding this capability
and more effectively utilizing it as a tool for working with partner
nations. The country's ability to identify the nationality of ships is
of special concern as considerable cocaine destined for the United
States has been detected on Ecuadorian-flagged vessels.
``The countries of West Africa have emerged as key transit hubs for
Andean cocaine trafficked through Venezuela and Brazil and destined for
European markets. This trafficking is undermining many of the already
fragile institutions of countries in the region. Narcotics traffickers
have focused their illegal activities in Guinea-Bissau, but have
recently extended their operations south to Guinea. The presence of
Latin American drug traffickers and the large quantities of cocaine
trafficked openly suggest that drug criminals may exercise the
prerogatives of sovereign nation-states in these two countries. West
Africa has long been a hub for illicit criminal networks. West African
states lack resources to sufficiently counter efforts by drug
trafficking organizations whose activity threatens the stability of
these countries and the well-being of their people.
``International donors and organizations are working to assist
governments in their counternarcotic efforts. We support these efforts
to preserve and protect stability and positive growth in this region.
``Nigeria, a major transit country for illicit drugs destined for
the United States, continues to make some progress on counternarcotics
and has cooperated effectively with the United States on drug-related
money laundering cases. Since it began operations in 2005, the Nigerian
Financial Intelligence Unit has investigated numerous suspicious
transaction reports that have resulted in high-profile convictions
recorded by the Economic and Financial Crimes Commission (EFCC).
However, recent developments in Nigeria raise questions about whether
the EFCC will remain an effective anticorruption agency. The United
States Government has had extradition requests pending in Nigeria for
years and is concerned that Nigeria's extradition practices and
procedures remain obstacles to the effectiveness of this essential
counternarcotics law enforcement tool. We are encouraged that Nigeria's
use of U.S.-donated body scanners at its four major international
airports has resulted in the arrest of numerous drug traffickers.
Moreover, we fully support the National Drug Law Enforcement Agency's
recent cooperation in regional search and seizure operations.
``The Government of India maintains a strong track record of
regulating, monitoring, and curbing its licit opium production and
distribution process. India has introduced robust, high-tech methods to
control cultivation by licensed opium farmers. In this sense, India
must continue to refine its control measures to guard against the
continuing problem of diversion of licit opium crops, grown for the
production of pharmaceutical products, to illegal markets. The United
States continues to be concerned about illicit opium poppy production
in certain areas of the country, such as West Bengal and the state of
Uttaranchal along the India-China Border, previously thought to be free
of such cultivation. Nevertheless, during the past year the country has
destroyed substantial areas of illicit poppy cultivation. The Indian
Government must also continue to investigate cases of large, illicit
poppy production and accordingly bring perpetrators to trial. The
United States, along with other foreign governments and international
organizations, has a good working relationship with India to interdict
the flow of narcotics being smuggled across India's borders.''.
Recent previous determinations: Presidential Determination No.
2003-14, January 30, 2003 (68 F.R. 5787); Presidential Determination
No. 2003-38, September 15, 2003 (68 F.R. 54973); Presidential
Determination No. 2004-47, September 15, 2004 (69 F.R. 57809);
Presidential Determination No. 2005-36, September 14, 2005 (70 F.R.
56807); Presidential Determination No. 2006-24, September 15, 2006 (71
F.R. 57865); and Presidential Determination No. 2007-33, September 14,
2007 (unpublished; available at www.state.gov).
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(1) Bilateral assistance.--Fifty percent of the
United States assistance allocated each fiscal year in
the report required by section 653 for each major
illicit drug producing country, major drug-transit
country, or country identified pursuant to clause (i)
or (ii) of section 489(a)(8)(A) of this Act \625\ shall
be withheld from obligation and expenditure, except as
provided in subsection (b). This paragraph shall not
apply with respect to a country if the President
determines that its application to that country would
be contrary to the national interest of the United
States, except that any such determination shall not
take effect until at least 15 days after the President
submits written notification of that determination to
the appropriate congressional committees in accordance
with the procedures applicable to reprogramming
notifications under section 634A.
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\625\ Sec. 722(b)(1) of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 268) struck
out ``major illicit drug producing country or major drug-transit
country'' and inserted in lieu thereof ``major illicit drug producing
country, major drug-transit country, or country identified pursuant to
clause (i) or (ii) of section 489(a)(8)(A) of this Act''. Previously,
sec. 101(g)(1)(B) of the International Narcotics Control Corrections
Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out ``(as
determined under subsection (h))'' after ``major drug-transit
country''.
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(2) Multilateral assistance.--The Secretary of the
Treasury shall instruct the United States Executive
Director of each multilateral development bank to vote,
on and after March 1 \626\ of each year, against any
loan or other utilization of the funds of their
respective institution to or for any major illicit drug
producing country or major drug-transit country (as
determined under subsection (h)) or country identified
pursuant to clause (i) or (ii) of section 489(a)(8)(A)
of this Act,\627\ except as provided in subsection (b).
For purposes of this paragraph, the term ``multilateral
development bank'' means the International Bank for
Reconstruction and Development, the International
Development Association, the Inter-American Development
Bank, the Asian Development Bank, the African
Development Bank, and the European Bank for
Reconstruction and Development.
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\626\ Sec. 101(g)(1)(C) of the International Narcotics Control
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out
``April 1'' and inserted in lieu thereof ``March 1''.
\627\ Sec. 722(b)(2) of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 269)
inserted ``or country identified pursuant to clause (i) or (ii) of
section 489(a)(8)(A) of this Act''.
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(b) Certification Procedures.--
(1) What must be certified.--Subject to subsection
(d), the assistance withheld from a country pursuant to
subsection (a)(1) may be obligated and expended, and
the requirement of subsection (a)(2) to vote against
multilateral development bank assistance to a country
shall not apply, if the President determines and
certifies to the Congress, at the time of the
submission of the report required by section 489(a),
that--
(A) \628\ during the previous year the
country has cooperated fully with the United
States, or has taken adequate steps on its own,
to achieve full compliance with the goals and
objectives established by the United Nations
Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances; or
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\628\ On April 6, 2009, the Deputy Secretary of State issued Public
Notice 6567 (74 F.R. 15574), finding:
``Pursuant to section 490(b)(1)(A) of the Foreign Assistance Act of
1961, as amended, I hereby determine and certify that the top five
exporting and importing countries and territories of pseudoephedrine
and ephedrine (India, Germany, Singapore, Belgium, United Kingdom,
China, Taiwan, Argentina, South Korea, Switzerland, Indonesia, and
Thailand) have cooperated fully with the United States, or have taken
adequate steps on their own, to achieve full compliance with the goals
and objectives established by the United Nations Convention Against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances.''.
No determination was published in 2008.
In 2007, the President identified Belgium, China, Germany, India,
Indonesia, Mexico, Singapore, South Africa, South Korea, Switzerland,
Taiwan, and the United Kingdom as the ``top five exporting and
importing countries of pseudoephedrine and ephedrine in 2005''
(Presidential Determination No. 2007-14; 72 F.R. 10881).
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(B) for a country that would not otherwise
qualify for certification under subparagraph
(A), the vital national interests of the United
States require that the assistance withheld
pursuant to subsection (a)(1) be provided and
that the United States not vote against
multilateral development bank assistance for
that country pursuant to subsection (a)(2).
(2) Considerations regarding cooperation.--In making
the determination described in paragraph (1)(A), the
President shall consider the extent to which the
country has--
(A) met the goals and objectives of the
United Nations Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic
Substances, including action on such issues as
illicit cultivation, production, distribution,
sale, transport and financing, and money
laundering, asset seizure, extradition, mutual
legal assistance, law enforcement and transit
cooperation, precursor chemical control, and
demand reduction;
(B) accomplished the goals described in an
applicable bilateral narcotics agreement with
the United States or a multilateral agreement;
and
(C) taken legal and law enforcement measures
to prevent and punish public corruption,
especially by senior government officials, that
facilitates the production, processing, or
shipment of narcotic and psychotropic drugs and
other controlled substances, or that
discourages the investigation or prosecution of
such acts.
(3) Information to be included in national interest
certification.--If the President makes a certification
with respect to a country pursuant to paragraph (1)(B),
the President shall include in such certification--
(A) a full and complete description of the
vital national interests placed at risk if
United States bilateral assistance to that
country is terminated pursuant to this section
and multilateral development bank assistance is
not provided to such country; and
(B) a statement weighing the risk described
in subparagraph (A) against the risks posed to
the vital national interests of the United
States by the failure of such country to
cooperate fully with the United States in
combating narcotics or to take adequate steps
to combat narcotics on its own.
(c) Licit Opium Producing Countries.--The President may make
a certification under subsection (b)(1)(A) with respect to a
major illicit drug producing country, or major drug-transit
country, that is a producer of licit opium only if the
President determines that such country maintains licit
production and stockpiles at levels no higher than those
consistent with licit market demand, and has taken adequate
steps to prevent significant diversion of its licit cultivation
and production into the illicit markets and to prevent illicit
cultivation and production.\629\
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\629\ Sec. 101(g)(1)(D) of the International Narcotics Control
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out
``that such country has taken adequate steps to prevent significant
diversion of its licit cultivation and production into the illicit
market, maintains production and stockpiles at levels no higher than
those consistent with licit market demand, and prevents illicit
cultivation and production.'', and inserted in lieu thereof ``that such
country maintains licit production and stockpiles at levels no higher
than those consistent with licit market demand, and has taken adequate
steps to prevent significant diversion of its licit cultivation and
production into the illicit markets and to prevent illicit cultivation
and production.''.
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(d) Congressional Review.--Subsection (e) shall apply if,
within 30 \630\ calendar days after receipt of a certification
submitted under subsection (b) at the time of submission of the
report required by section 489(a), the Congress enacts a joint
resolution disapproving the determination of the President
contained in such certification.
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\630\ Sec. 101(g)(1)(E) of the International Narcotics Control
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out
``45'' and inserted in lieu thereof ``30''.
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(e) Denial of Assistance for Countries Decertified.--If the
President does not make a certification under subsection (b)
with respect to a country or the Congress enacts a joint
resolution disapproving such certification, then until such
time as the conditions specified in subsection (f) are
satisfied--
(1) funds may not be obligated for United States
assistance for that country, and funds previously
obligated for United States assistance for that country
may not be expended for the purpose of providing
assistance for that country; and
(2) the requirement to vote against multilateral
development bank assistance pursuant to subsection
(a)(2) shall apply with respect to that country,
without regard to the date specified in that
subsection.
(f) Recertification.--Subsection (e) shall apply to a country
described in that subsection until--
(1) the President, at the time of submission of the
report required by section 489(a), makes a
certification under subsection (b)(1)(A) or (b)(1)(B)
with respect to that country, and the Congress does not
enact a joint resolution under subsection (d)
disapproving the determination of the President
contained in that certification; or
(2) the President, at any other time, makes the
certification described in subsection (b)(1)(B) with
respect to that country, except that this paragraph
applies only if either--
(A) the President also certifies that--
(i) that country has undergone a
fundamental change in government, or
(ii) there has been a fundamental
change in the conditions that were the
reason--
(I) why the President had not
made a certification with
respect to that country under
subsection (b)(1)(A), or
(II) if he had made such a
certification and the Congress
enacted a joint resolution
disapproving the determination
contained in the certification,
why the Congress enacted that
joint resolution; or
(B) the Congress enacts a joint resolution
approving the determination contained in the
certification under subsection (b)(1)(B).
Any certification under subparagraph (A) of paragraph (2) shall
discuss the justification for the certification.
(g) \631\ Senate Procedures.--Any joint resolution under this
section shall be considered in the Senate in accordance with
the provisions of section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976.
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\631\ Subsec. (g) formerly read ``Congressional Review
Procedures.--(1) Senate.--''. Sec. 101(g)(1)(F) of the International
Narcotics Control Corrections Act of 1994 (Public Law 103-447; 108
Stat. 4693) struck this out, inserted ``Senate Procedures.--'', and
struck out para. (2), which had read as follows:
``(2) House of representatives.--For the purpose of expediting the
consideration and enactment of joint resolutions under this section, a
motion to proceed to the consideration of any such joint resolution
after it has been reported by the appropriate committee shall be
treated as highly privileged in the House of Representatives.''.
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(h) \632\ Determining Major Drug-Transit and Major Illicit
Drug Producing Countries.--Not later than November 1 \632\ of
each year, the President shall notify the appropriate
committees of the Congress of which countries have been
determined to be major drug-transit countries, and which
countries have been determined to be major illicit drug
producing countries, for purposes of this Act.
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\632\ Sec. 101(g)(1)(G) of the International Narcotics Control
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out
``for Fiscal Years 1993 and 1994'' in the subsec. catchline, and struck
out ``January 1'' in lieu of ``November 1'' in the text.
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SEC. 490A.\633\ * * * [REPEALED--1995]
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\633\ Formerly at 22 U.S.C. 2291k. Sec. 1112 of Public Law 104-66
(109 Stat. 707) repealed secs. 489A--Reporting Requirements Applicable
After September 30, 1995--and 490A--Annual Certification Procedures
After September 30, 1995. That section also amended the section
catchlines of secs. 489 and 490, striking out ``for fiscal year 1995''
in each case. Originally added by sec. 5(a) of the International
Narcotics Control Act of 1992 (Public Law 102-583; 106 Stat. 4917).
Sec. 101(g)(2)(A) of the International Narcotics Control
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out
``1994'' from the section catchline, and inserted in lieu thereof
``1995''.
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Chapter 9--International Disaster Assistance \634\
Sec. 491.\635\ Policy and General Authority.--(a) The
Congress, recognizing that prompt United States assistance to
alleviate human suffering caused by natural and manmade
disasters is an important expression of the humanitarian
concern and tradition of the people of the United States,
affirms the willingness of the United States to provide
assistance for the relief and rehabilitation of people and
countries affected by such disasters.
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\634\ Sec. 101(1) of Public Law 94-161 (89 Stat. 849) inserted
``International Disaster Assistance'' in lieu of ``Refugee Relief
Assistance''.
See also Executive Order 13151 (April 27, 2000; 65 F.R. 25617; 42
U.S.C. 5195), establishing an Interagency Coordinating Committee to
provide leadership and oversight through a Global Disaster Information
Network ``to use information technology more effectively to reduce loss
of life and property from natural and man-made disasters''.
\635\ 22 U.S.C. 2292. Added by sec. 101(3) of Public Law 94-161 (80
Stat. 849). An earlier sec. 491, which was added by sec. 109 of the FA
Act of 1971, and repealed by sec. 101(2) of Public Law 94-161 (89 Stat.
849), read as follows:
``Sec. 491. Refugee Relief Assistance.--There is authorized to be
appropriated to the President for the fiscal year 1972, in addition to
funds otherwise available for such purposes, not to exceed
$250,000,000, to remain available until expended, for use by the
President in providing assistance for the relief and rehabilitation of
refugees from East Pakistan and for humanitarian relief in East
Pakistan. Such assistance shall be distributed, to the maximum extent
practicable, under the auspices of and by international institutions
and relief agencies or United States voluntary agencies.''.
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(b) Subject to the limitations \636\ in section 492, and
notwithstanding any other provision of this or any other Act,
the President is authorized to furnish assistance to any
foreign country, international organization, or private
voluntary organization,\637\ on such terms and conditions as he
may determine, for international disaster relief and
rehabilitation, including assistance relating to disaster
preparedness, and to the prediction of, and contingency
planning for, natural disasters abroad.
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\636\ Sec. 404(b) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3150) struck out
``on appropriations'' at this point.
\637\ Sec. 118(a) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 953) struck out
``or international organization'' and inserted in lieu thereof
``international organization, or private voluntary organization,''.
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(c) In carrying out the provisions of this section the
President shall insure that the assistance provided by the
United States shall, to the greatest extent possible, reach
those most in need of relief and rehabilitation as a result of
natural and manmade disasters.
Sec. 492.\638\ Authorization.--(a) \639\ There are
authorized to be appropriated to the President to carry out
section 491, $25,000,000 for the fiscal year 1986 and
$25,000,000 for the fiscal year 1987.\640\ Amounts appropriated
under this section are authorized to remain available until
expended.\641\
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\638\ 22 U.S.C. 2292a. Added by sec. 101(3) of Public Law 94-161
(89 Stat. 849).
\639\ Sec. 404(a) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3150)inserted
subsec. designation ``(a)'' and subsec. (b).
\640\ The authorization figures for fiscal years 1986 and 1987 were
inserted by sec. 404 of the International Security and Development
Cooperation Act of 1985. (Public Law 99-83; 99 Stat. 219).
Authorizations under Sec. 492 in recent years included the following:
fiscal year 1979--$25,000,000; fiscal year 1980--$21,800,000; fiscal
year 1981--$25,000,000; fiscal year 1982--$27,000,000; fiscal year
1983--$27,000,000; fiscal year 1984--$25,000,000; fiscal year 1985--no
authorization; fiscal years 1988 through 2009--no authorization.
Congress did not enact an authorization for fiscal year 2009.
Instead, the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H of Public Law 111-8),
waives the requirements for authorization, and title III of that Act
(123 Stat. 845) provides the following:
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``international disaster assistance
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of section 491
of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $350,000,000, to
remain available until expended.
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``transition initiatives
---------------------------------------------------------------------------
``For necessary expenses for international disaster rehabilitation
and reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $50,000,000, to remain available until
expended, to support transition to democracy and to long-term
development of countries in crisis: Provided, That such support may
include assistance to develop, strengthen, or preserve democratic
institutions and processes, revitalize basic infrastructure, and foster
the peaceful resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a report to
the Committees on Appropriations at least 5 days prior to beginning a
new program of assistance: Provided further, That if the President
determines that it is important to the national interests of the United
States to provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the funds
appropriated by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this heading
and under the authorities applicable to funds appropriated under this
heading: Provided further, That funds made available pursuant to the
previous proviso shall be made available subject to prior consultation
with the Committees on Appropriations.''.
Title XI of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1892), provides the following:
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``international disaster and famine assistance
---------------------------------------------------------------------------
``For an additional amount for `International Disaster Assistance',
$270,000,000, to remain available until expended.''.
In Public Law 109-13, see also sec. 2110, relating to humanitarian
assistance code of conduct (119 Stat. 268; 22 U.S.C. 2370b).
\641\ A sentence that called for a quarterly report on the
programming and obligation of funds under sec. 492 and had previously
appeared at this point, was struck by sec. 118(b)(2) of the
International Development and Food Assistance Act of 1978 (Public Law
95-424; 92 Stat. 953).
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(b) \639\ In addition to amounts otherwise available to
carry out this chapter, up to $50,000,000 in any fiscal year
may be obligated against appropriations under this part (other
than this chapter) for use in providing assistance in
accordance with the authorities and general policies of section
491. Amounts subsequently appropriated under this chapter with
respect to a disaster may be used to reimburse any
appropriation account against which obligations were incurred
under this subsection with respect to that disaster.
Sec. 493.\642\ Disaster Assistance--Coordination.--The
President is authorized to appoint a Special Coordinator for
International Disaster Assistance whose responsibility shall be
to promote maximum effectiveness and coordination in responses
to foreign disasters by United States agencies and between the
United States and other donors. Included among the Special
Coordinator's responsibilities shall be the formulation and
updating of contingency plans for providing disaster relief.
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\642\ 22 U.S.C. 2292b. Added by sec. 101(3) of Public Law 94-161
(89 Stat. 849).
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Sec. 494.\643\ Disaster Relief Assistance.--There is
authorized to be appropriated, in addition to other sums
available for such purposes, $65,000,000 for use by the
President for disaster relief and emergency recovery needs in
Pakistan, and Nicaragua, under such terms and conditions as he
may determine, such sums to remain available until expended.
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\643\ 22 U.S.C. 2292c. Former sec. 452, which was added by sec.
2(2) of the Foreign Disaster Assistance Act of 1974 (Public Law 93-
333), was redesignated as sec. 494 by sec. 101(4) of Public Law 94-161
(89 Stat. 849).
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Sec. 494A.\644\ Famine and Disaster Relief to Drought-
Stricken African Nations. * * * [Repealed--1978]
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\644\ Sec. 494A, originally added as sec. 639A by the FA Act of
1973 and subsequently redesignated as sec. 494A by Public Law 94-161
(89 Stat. 849), was repealed by sec. 604 of the International
Development and Food Assistance Act of 1978 (Public Law 95-424; 92
Stat. 961).
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Sec. 494B.\645\ African Development Program. * * *
[Redesignated--1977]
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\645\ Sec. 494B, originally added as sec. 639B of this Act by the
FA Act of 1973 and later redesignated as sec. 494B in 1975, was
subsequently redesignated as sec. 120 (Sahel Development Program--
Planning) by sec. 115 of Public Law 95-88 (91 Stat. 539).
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Sec. 495.\646\ Cyprus Relief and Rehabilitation.--The
President is authorized to furnish assistance, on such terms
and conditions as he may determine, for the relief and
rehabilitation of refugees and other needy people in Cyprus.
There is authorized to be appropriated for the purposes of this
section, in addition to amounts otherwise available for such
purposes, $40,000,000.\647\ Such amount is authorized to remain
available until expended. Assistance under this section shall
be provided in accordance with the policy and general authority
contained in section 491.
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\646\ 22 U.S.C. 2292f. Added by sec. 101(8) of Public Law 94-161
(89 Stat. 849).
\647\ Sec. 402 of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 757) struck out
``$30,000,000'' and inserted in lieu thereof ``$40,000,000''.
The FA Appropriations Act, 1976, provided the following: ``Cyprus
relief and rehabilitation: For necessary expenses to carry out the
provisions of section 495, $25,000,000.''.
For ``Cyprus relief and rehabilitation'' for the period July 1,
1976, through September 30, 1976, $5,000,000.
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Sec. 495A.\648\ Guatemala Relief and Rehabilitation. * * *
[Repealed--1978]
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\648\ Sec. 495A, as added by Public Law 94-276 (90 Stat. 397), was
repealed by sec. 604 of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
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Sec. 495B.\649\ Italy Relief and Rehabilitation.--(a) In
addition to amounts otherwise available for such purpose, there
is authorized to be appropriated $25,000,000 for the fiscal
year 1976 to furnish assistance under this chapter for the
relief and rehabilitation of the people who have been
victimized by the recent earthquake in Italy. Amounts
appropriated under this section are authorized to remain
available until expended.
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\649\ 22 U.S.C. 2292h. Added by sec. 415 of the International
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 761).
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(b) \650\ There are authorized to be appropriated to the
President $30,000,000 for the fiscal year 1978 for relief,
rehabilitation, and reconstruction assistance, in accordance
with the provisions of section 491 and on such terms and
conditions as he may determine, for the people who have been
victimized by the recent earthquakes in Italy. Amounts
appropriated under this subsection are authorized to remain
available until expended.
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\650\ Sec. 120 of the International Development and Food Assistance
Act of 1977 (Public Law 95-88; 91 Stat. 541) redesignated subsec. (b)
as subsec. (c) and added this new subsec. (b).
The FA Appropriations Act, 1978, provided the following:
``Italy relief and rehabilitation assistance: For necessary
expenses to carry out the provisions of section 495B, $25,000,000.''.
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(c) Obligations incurred prior to the date of enactment of
this section against other appropriations or accounts for the
purpose of providing relief and rehabilitation assistance to
the people of Italy may be charged to the appropriations
authorized under this section.
(d) \651\ (1) The Congress recognizes that prompt United
States assistance is necessary to alleviate the human suffering
arising from the earthquakes in southern Italy in late 1980.
Accordingly, there are authorized to be appropriated to the
President, in addition to amounts otherwise available for such
purpose, $50,000,000 for the fiscal year 1981 for relief,
rehabilitation, and reconstruction assistance for the victims
of those earthquakes. Such assistance shall be provided in
accordance with the policies and general authorities of section
491 and on such terms and conditions as the President may
determine.
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\651\ Public Law 96-525 (94 Stat. 3043) added subsec. (d).
The full $50,000,000 authorized in this subsection for Italian
earthquake disaster assistance was appropriated by Public Law 96-536,
the continuing resolution providing foreign aid funds for fiscal year
1981. This $50,000,000 was designated as an earmarking out of the total
of $73,000,000 appropriated in fiscal year 1981 for international
disaster assistance. The FA Appropriations, 1982, also provided that of
the $27,000,000 made available under sec. 491, ``not less than
$10,000,000 shall be used for earthquake relief and reconstruction in
southern Italy.''. The FA Appropriations Act, 1984 (sec. 101(b)(1) of
the Further Continuing Appropriations Act, 1984) further provided that
out of the $25,000,000 made available under sec. 491, ``$10,000,000
shall be used only for earthquake relief and reconstruction in southern
Italy, which amount may be derived either from amounts appropriated to
carry out the provisions of section 491 of the Foreign Assistance Act
of 1961 or from up to $10,000,000 of amounts heretofore appropriated
pursuant to chapter 4 of part II of such Act for Syria which are, if
deobligated, hereby continued available for the purposes of section 491
or for other programs for Italy consistent with sections 103 through
106 of such Act.''.
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(2) Amounts appropriated under this subsection are
authorized to remain available until expended.
(3) Obligations incurred against other appropriations or
accounts for the purpose of providing relief, rehabilitation,
and reconstruction assistance for the victims of the late 1980
earthquakes in southern Italy may be charged to appropriations,
enacted after those obligations were incurred, for assistance
for that purpose under this chapter.
Sec. 495C.\652\ Lebanon Relief and Rehabilitation.--(a) The
Congress, recognizing that prompt United States assistance is
necessary to alleviate the human suffering arising from the
civil strife in Lebanon and to restore the confidence of the
people of Lebanon, authorizes the President to furnish
assistance, on such terms and conditions as he may determine,
for the relief and rehabilitation of refugees and other needy
people in Lebanon.
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\652\ 22 U.S.C. 2292i. Added by sec. 416 of the International
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 762).
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(b) There is authorized to be appropriated to the President
for the purposes of this section, in addition to amounts
otherwise available for such purposes, $20,000,000, which
amount is authorized to remain available until expended.\653\
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\653\ The FA Appropriations Act, 1977, provided the following:
``For necessary expenses to carry out the provisions of section 495C,
$20,000,000.''.
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(c) Assistance under this section shall be provided in
accordance with the policies and general authority contained in
section 491.
(d) Obligations incurred prior to the date of enactment of
this section against other appropriations or accounts for the
purpose of providing relief and rehabilitation assistance to
the people of Lebanon may be charged to the appropriations
authorized under this section.
(e) \654\ * * * [Repealed--1978]
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\654\ Subsec. (e), which called for a quarterly report on
programing and obligation of funds under sec. 495C, was repealed by
sec. 502(d)(1) of the International Development and Food Assistance Act
of 1978 (Public Law 95-424; 92 Stat. 959).
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Sec. 495D.\655\ Romanian Relief and Rehabilitation.--(a)
The Congress, recognizing that prompt United States assistance
is necessary to alleviate the human suffering arising from
recent earthquakes in Romania, authorizes the President to
furnish assistance, on such terms and conditions as he may
determine, for the relief and rehabilitation of refugees and
other earthquake victims in Romania.
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\655\ 22 U.S.C. 2292j. Added by Public Law 95-21 (91 Stat. 48).
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(b) There are hereby authorized to be appropriated to the
President for the fiscal year 1977, notwithstanding any other
provisions of this Act, in addition to amounts otherwise
available for such purposes, not to exceed $20,000,000, which
amount is authorized to remain available until expended.\656\
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\656\ The FA Appropriations Act, 1978, provided the following:
``Sec. 601. For expenses necessary to carry out the provisions of
section 495D of the Foreign Assistance Act of 1961, as amended,
$13,000,000 for the fiscal year 1977 for Romanian relief and
rehabilitation assistance, to remain available until expended.''.
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(c) Assistance under this section shall be provided in
accordance with the policies and general authority contained in
section 491.
(d) Obligations incurred prior to the date of enactment of
this section against other appropriations or accounts for the
purpose of providing relief and rehabilitation assistance to
the people of Romania may be charged to the appropriations
authorized under this section.
(e) \657\ * * * [Repealed--1981]
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\657\ Sec. 734(a)(1) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
subsec. (e), which had required a quarterly report from the President
on the programing and obligation of funds under this section.
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(f) Nothing in this section shall be interpreted as
endorsing any measure undertaken by the Government of Romania
which would suppress human rights as defined in the Conference
on Security and Co-operation in Europe (Helsinki) Final Act and
the United Nations Declaration on Human Rights, or as
constituting a precedent for or commitment to provide United
States development assistance to Romania, and the Romanian
Government shall be so notified when aid is furnished under
this section.
Sec. 495E.\658\ Turkey Relief, Rehabilitation, and
Reconstruction.--The President is requested to use up to
$10,000,000 of the funds made available under section 492 of
this Act to provide relief, rehabilitation, and reconstruction
assistance to the victims of the recent earthquakes in Turkey.
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\658\ 22 U.S.C. 2292k. Originally added as sec. 495D by sec. 121 of
the International Development and Food Assistance Act of 1977 (Public
Law 95-88; 91 Stat. 541). Redesignated as sec. 495E by sec. 119(1) of
the International Development and Food Assistance Act of 1978 (Public
Law 95-424; 92 Stat. 953).
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Sec. 495F.\659\ African Rehabilitation and Resettlement.--
(a) The Congress recognizes that United States assistance is
necessary to help developing countries in Africa meet the
longer term rehabilitation and resettlement needs of displaced
persons and other innocent victims of civil strife. Therefore,
the President is authorized to furnish assistance, on such
terms and conditions as he may determine, for the longer term
rehabilitation and resettlement needs of such victims. Funds
for this purpose should be used to assist African governments
in providing semipermanent housing, potable water supply
systems, and sanitary facilities which are generally not
provided by existing refugee relief agencies.
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\659\ 22 U.S.C. 2292l. Sec. 495F, as added by sec. 119(2) of the
International Development and Food Assistance Act of 1978 (Public Law
95-424; 92 Stat. 953), was amended and restated by sec. 405 of the
International Security and Development Cooperation Act of 1980 (Public
Law 96-533; 94 Stat. 3150). It formerly read as follows:
``Sec. 495F. Assistance to African Refugees.--The President is
authorized to furnish assistance, on such terms and conditions as he
may determine, exclusively for the relief and rehabilitation of African
refugees and other needy people located in Africa. There is authorized
to be appropriated for the fiscal year 1980 for purposes of this
section in addition to amounts otherwise available for such purposes,
$14,920,000, which amount is authorized to remain available until
expended. Assistance under this section shall be provided in accordance
with the policies and general authorities contained in section 491.''.
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(b) There are authorized to be appropriated to the
President for the purposes of this section, in addition to
amounts otherwise available for such purposes, $15,000,000 for
the fiscal year 1981.\660\ Amounts appropriated under this
subsection are authorized to remain available until expended.
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\660\ Authorizations under sec. 495F during recent years included
the following: fiscal year 1979--$15,000,000; fiscal year 1980--
$14,920,000.
During fiscal year 1981, foreign assistance programs operated
pursuant to a series of continuing resolutions. The last continuing
resolution in the series (H.J. Res. 644, Public Law 96-536) provided
(with several exceptions) such amounts as may be necessary for
continuing projects or activities ``which were conducted in fiscal year
1980 and would be provided for in H.R. 7854, the Foreign Assistance and
Related Programs Appropriation Act, 1981, as reported July 29, 1980, at
a rate of operations not in excess of the rate which would have been
provided under the terms of the conference report (House Report 96-
787), and in accordance with associated agreements stated in the Joint
Explanatory Statements of the Committee of Conference, accompanying
H.R. 4473 * * *'' (this conference report was never approved by
Congress). H.R. 4473 provided the following: ``Assistance to African
refugees: For necessary expenses to carry out the provisions of section
495F, $14,250,000: Provided, That these funds shall be transferred to
the Office of Refugee Programs of the Department of State for
obligation and expenditure.''.
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(c) Assistance under this section shall be provided in
accordance with the policies and general authorities contained
in section 491.
Sec. 495G.\661\ Special Caribbean Hurricane Relief
Assistance.--The President is authorized to furnish assistance,
on such terms and conditions as he may determine, for disaster
relief and reconstruction in the Caribbean to assist in
alleviating the human suffering caused by recent hurricanes in
that region. In addition to amounts otherwise available for
such purposes, there is authorized to be appropriated for
purposes of this section $25,000,000 for the fiscal year 1980,
which amount is authorized to remain available until
expended.\662\ Assistance under this section shall be provided
in accordance with the policies and general authorities
contained in section 491.
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\661\ 22 U.S.C. 2292m. Added by Public Law 96-109 (93 Stat. 842).
Such Act also stated that priority should be given to furnishing
agricultural commodities under Public Law 480 to this hurricane
affected area.
\662\ The Supplemental Appropriation and Rescission Act, 1980
(Public Law 96-304; 94 Stat. 873), contained $10 million intended for
special Caribbean hurricane disaster relief.
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Sec. 495H.\663\ Cambodian Disaster Relief Assistance.--(a)
The Congress recognizes that prompt United States assistance is
necessary to alleviate the human suffering arising from famine
and disease in Cambodia. Accordingly, the President is
authorized to furnish assistance, on such terms and conditions
as he may determine, for disaster relief to alleviate the
suffering of the victims of famine and disease in Cambodia.
Assistance provided under this section shall be for
humanitarian purposes and limited to the civilian population,
with emphasis on providing food, medicine and medical care,
clothing, temporary shelter, transportation for emergency
supplies and personnel, and similar assistance to save human
lives.
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\663\ 22 U.S.C. 2292n. Added by sec. 2 of Public Law 96-110 (93
Stat. 843). Sec. 4 of such Act also required a report from the
President by Jan. 12, 1980, regarding total costs of the U.S.
Government and State and local governments of domestic and foreign
assistance to refugees during fiscal years 1980 and 1981. Subsequently,
sec. 1011(a)(4) of the Department of State Authorization Act, Fiscal
Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1061) repealed sec. 4
of Public Law 96-110.
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(b) Assistance provided under this section or any other
provision of law to alleviate the human suffering caused by
famine and disease in Cambodia shall be provided, to the
maximum extent practicable, through international agencies and
private voluntary organizations such as (among others) the
World Relief Committee, World Medical Missions, Inc., Cama
Services, World Vision, Food for the Hungry, Thailand Baptist
Mission, Catholic Relief Services, Oxfam, and the International
Rescue Committee.
(c)(1) In providing assistance under this section, the
President shall satisfy himself that adequate procedures have
been established to ensure that such assistance reaches the
innocent victims of famine and disease for whom it is intended.
Such procedures shall include end use monitoring of deliveries
on a periodic basis by individuals having freedom of movement
where the assistance is being distributed within Cambodia.
(2) \664\ * * * [Repealed--1981]
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\664\ Para. (2), which had required a report by the President that
adequate procedures have been established ensure that the assistance
provided under this section is reaching the innocent victims of famine
and disease for whom it is intended, was repealed by sec. 734(1) of the
International Security and Development Cooperation Act of 1981 (Public
Law 97-113; 95 Stat. 1560). Such report was submitted on February 11,
1980.
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(d)(1) In addition to amounts otherwise available for such
purposes, there is authorized to be appropriated for purposes
of this section $30,000,000 for the fiscal year 1980, which
amount is authorized to remain available until expended.\665\
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\665\ The Supplemental Appropriation and Rescission Act, 1980
(Public Law 96-304; 94 Stat. 873), included $30 million intended for
Cambodian Disaster Relief Assistance.
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(2) Obligations incurred, prior to the enactment of
appropriations to carry out this section, against other
appropriations or accounts for the purpose of alleviating the
human suffering caused by famine and disease in Cambodia may be
charged to the appropriations authorized by paragraph (1) of
this subsection.
(3) The President may exercise the authority of section
610(a) of this Act (without regard to the 20 percent limitation
contained in that section on increases in accounts) in order to
transfer, for use in carrying out this section, up to
$30,000,000 of the funds made available for the fiscal year
1980 to carry out other provisions of this Act.
(4) Priority shall be given in allocating assistance under
the Food for Peace Act \666\ to furnishing agricultural
commodities for use in carrying out this section.
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\666\ Sec. 3001(b) of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural
Trade Development and Assistance Act of 1954'' and inserted in lieu
thereof ``Food for Peace Act''.
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(e) Assistance under this section shall be provided in
accordance with the policies and utilizing the general
authorities provided in section 491.
Sec. 495I.\667\ Assistance for Displaced Persons in Central
America.--(a)(1) The Congress recognizes that prompt United
States assistance is necessary to help meet the basic human
needs of persons displaced by strife in El Salvador. Therefore,
the President is authorized to furnish assistance, on such
terms and conditions as he may determine, to help alleviate the
suffering of these displaced persons. Assistance provided under
this section shall be for humanitarian purposes, with emphasis
on the provision of food, medicine, medical care, and shelter
and, where possible, implementation of other relief and
rehabilitation activities. The Congress encourages the use,
where appropriate of the services of private and voluntary
organizations and international relief agencies in the
provision of assistance under this section.
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\667\ 22 U.S.C. 2292o. Added by sec. 504 of the International
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
Stat. 1540).
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(2) The Congress understands that the country of Belize has
expressed interest and willingness in the resettlement in its
territory of Haitian nationals who desire to settle in Belize.
Therefore, the President is authorized to furnish assistance,
on such terms and conditions as he may determine, to assist the
Government of Belize in the resettlement of Haitian nationals
in the national territory of Belize.
(b) There are authorized to be appropriated to the
President for the purposes of this section, in addition to
amounts otherwise available for such purposes, $5,000,000 for
the fiscal year 1982 and $5,000,000 for the fiscal year
1983.\668\ Amounts appropriated under this section are
authorized to remain available until expended.
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\668\ The FA Appropriations Act, 1982, provided that out of the
$473 million in funds for migration and refugee assistance during
fiscal year 1982, ``$5,000,000 of this amount shall be used for
assistance for persons displaced by strife in El Salvador as provided
in H.R. 3566 as reported May 19, 1981.''. Under the provisions of the
Further Continuing Appropriations Act, 1983 (Public Law 97-377), which
continued funding for foreign assistance at the rates and under the
terms and conditions provided in the FA Appropriations Act, 1982, with
exceptions, no prior year earmarking of funds under the ``Migration and
Refugee Assistance'' account would apply.
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(c) Assistance under this section shall be provided in
accordance with the policies and utilizing the general
authorities provided in section 491.
Sec. 495J.\669\ Lebanon Emergency Relief, Rehabilitation,
and Reconstruction Assistance.--(a) The Congress recognizes
that prompt United States assistance is necessary to alleviate
the human suffering and resettlement needs of the innocent
victims of recent strife in Lebanon. Therefore, the President
is authorized to furnish assistance, on such terms and
conditions as he may determine, for the relief, rehabilitation,
and reconstruction needs of such victims. Assistance provided
under this section shall emphasize the provision of food,
medicine, clothing, shelter, and water supply systems, and
similar efforts to ameliorate the suffering of the people in
Lebanon.
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\669\ 22 U.S.C. 2292p. Added by Public Law 97-208 (96 Stat. 138).
The Supplemental Appropriations Act, 1982 (Public Law 97-257; 96 Stat.
818 at 833), included the following:
``lebanon emergency relief
``(transfer of funds)
---------------------------------------------------------------------------
``For expenses necessary to carry out the provisions of section
495J of the Foreign Assistance Act of 1961, $50,000,000 which shall be
derived by transfer from the Department of State, `Migration and
Refugee Assistance', to remain available until expended: Provided, That
of such amount not less than $10,000,000 shall be available only for
the America University of Beirut.''.
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(b) In addition to amounts otherwise available for such
purpose, there is authorized to be appropriated to the
President $50,000,000 to carry out this section. Amounts
appropriated under this subsection are authorized to remain
available until expended.
(c) Assistance under this section shall be furnished in
accordance with the policies and general authorities contained
in section 491.
Sec. 495K.\670\ African Famine Assistance.--
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\670\ 22 U.S.C. 2292q. Added by sec. 2 of the African Relief and
Recovery Act of 1985 (Public Law 99-8; 99 Stat. 21).
The Urgent Supplemental Appropriations, 1985--African Famine Relief
(Public Law 99-10; 99 Stat. 27), provided the following:
``For an additional amount for international disaster assistance,
$137,500,000 for emergency relief and recovery assistance for Africa,
to be available only for such purpose and to remain available until
March 31, 1986 Provided, That the Committee on Appropriations of each
House of Congress is notified five days in advance of the obligation of
any funds made available under this paragraph, unless the emergency is
life threatening and immediate action is necessary.
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``operating expenses
---------------------------------------------------------------------------
``Of the amount appropriated in this Act for `International
disaster' assistance, $2,500,000 shall be transferred to `Operating
expenses of the Agency for International Development' to be used for
monitoring food and disaster assistance in Africa.''.
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(a) Authorization of Assistance.--The President is
authorized to provide assistance for famine relief,
rehabilitation, and recovery in Africa. Assistance under this
section shall be provided for humanitarian purposes and shall
be provided on a grant basis. Such assistance shall include--
(1) relief, rehabilitation, and recovery projects to
benefit the poorest people, including the furnishing of
seeds for planting, fertilizer, pesticides, farm
implements, farm animals and vaccine and veterinary
services to protect livestock upon which people depend,
blankets, clothing, and shelter, disease prevention and
health care projects, water projects (including water
purification and well-drilling), small-scale
agricultural projects, and food protection and
preservation projects; and
(2) projects to meet emergency health needs,
including vaccinations.
(b) Uses of Funds.--
(1) Private and Voluntary Organizations and
International Organizations.--Funds authorized to be
appropriated by this section shall be used primarily
for grants to private and voluntary organizations and
international organizations.
(2) Emergency Health Projects.--A significant portion
of the funds authorized to be appropriated by this
section shall be used for emergency health projects
pursuant to subsection (a)(2).
(3) Management Support Activities.--Of the amount
authorized to be appropriated by this section,
$2,500,000 shall be transferred to the ``Operating
Expenses of the Agency for International Development''
account. These funds shall be used for management
support activities associated with the planning,
monitoring, and supervision of emergency food and
disaster assistance provided in those countries in
Africa described in section 5(a) of the African Famine
Relief and Recovery Act of 1985.
(c) Authorization of Appropriations.--In addition to the
amounts otherwise available for such purpose, there are
authorized to be appropriated $137,500,000 for the fiscal year
1985 for use in providing assistance under this section.
(d) Policies and Authorities To Be Applied.--Assistance
under this section shall be furnished in accordance with the
policies and general authorities contained in section 491.
Chapter 10--Development Fund for Africa \671\
Sec. 496.\672\ Long-Term Development Assistance for Sub-
Saharan Africa.--(a) Findings.--The Congress finds that--
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\671\ Sec. 562(a) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2026), added chapter 10, secs. 496-497. Previously, chapter 10,
sec. 496, relating to assistance to Portugal and Portuguese colonies in
Africa gaining independence, as added by sec. 53 of the Foreign
Assistance Act of 1974, was repealed by sec. 1211(a)(4) of the
International Security and Development Cooperation Act of 1985 (Public
Law 99-83; 99 Stat. 279).
Sec. 562 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2030),
further stated:
``(b) Evaluations.--It is the sense of the Congress that there
should be periodic evaluations of the progress of the Agency for
International Development in achieving the purpose specified in section
496(c) of the Foreign Assistance Act of 1961.
``(c) Reports to Congress.--As part of the annual Congressional
Presentation materials for economic assistance, the Administrator of
the Agency for International Development shall include a description of
the progress made during the previous fiscal year in carrying out
chapter 10 of part I of the Foreign Assistance Act of 1961 in three
countries in sub-Saharan Africa which represent differing economic
situations and levels of progress. The description shall include--
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``(1) the nature and extent of consultation to ensure local perspectives,
as described in subsections (e)(1) and (f) of section 496;
``(2) the degree of involvement of local people in the implementation of
projects having a local focus;
``(3) the extent to which there has been expansion of the participation
and integration of African women in each of the critical sectors specified
in section 496(i);
``(4) program assistance provided, including the amounts obligated, the
criteria used for assisting reforms, and the provisions made pursuant to
section 496(h)(2)(B) to protect vulnerable groups from possible negative
consequences of the reforms; and
``(5) a description of the assistance for the critical sector priorities
specified in section 496(i), by sector, including the amounts obligated.''.
---------------------------------------------------------------------------
See related legislation in ``Assistance to Africa,'' in Legislation
on Foreign Relations Through 2008, vol. I-B.
\672\ 22 U.S.C. 2293.
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(1) drought and famine have caused countless deaths
and untold suffering among the people of sub-Saharan
Africa;
(2) drought and famine in combination with other
factors such as desertification, government neglect of
the agricultural sector, and inappropriate economic
policies have severely affected long-term development
in sub-Saharan Africa; and
(3) the most cost-effective and efficient way of
overcoming Africa's vulnerability to drought and famine
is to address Africa's long-term development needs
through a process that builds upon the needs and
capabilities of the African people, promotes sustained
and equitable economic growth, preserves the
environment, and protects the rights of the individual.
(b) Authority To Furnish Assistance.--The President is
authorized to furnish project and program assistance, on such
terms and conditions as he may determine in accordance with the
policies contained in this section, for long-term development
in sub-Saharan Africa.
(c) Purpose of Assistance.--
(1) Purpose.--The purpose of assistance under this
section shall be to help the poor majority of men and
women in sub-Saharan Africa to participate in a process
of long-term development through economic growth that
is equitable, participatory, environmentally
sustainable, and self-reliant.
(2) Use of assistance to encourage private sector
development.--Assistance under this section should, in
a manner consistent with paragraph (1), be used to
promote sustained economic growth, encourage private
sector development, promote individual initiatives, and
help to reduce the role of central governments in areas
more appropriate for the private sector.
(d) Application of Development Assistance General Authorities
and Policies.--Except to the extent inconsistent with this
section--
(1) any reference in any law to chapter 1 of this
part (including references to sections 103 through 106)
shall be deemed to include a reference to this section;
and
(2) assistance under this section shall be provided
consistent with the policies contained in section 102.
(e) Private and Voluntary Organizations.--
(1) Consultation to ensure local perspectives.--The
Agency for International Development shall take into
account the local-level perspectives of the rural and
urban poor in sub-Saharan Africa, including women,
during the planning process for project and program
assistance under this section. In order to gain that
perspective the Agency for International Development
should consult closely with African, United States, and
other private and voluntary organizations that have
demonstrated effectiveness in or commitment to the
promotion of local, grassroots activities on behalf of
long-term development in sub-Saharan Africa as
described in subsection (c).
(2) Definition of private and voluntary
organizations.--For purposes of this section, the term
``private and voluntary organization'' includes (in
addition to entities traditionally considered to be
private and voluntary organizations) cooperatives,
credit unions, trade unions, women's groups, nonprofit
development research institutions, and indigenous local
organizations, which are private and nonprofit.
(f) Local Involvement in Project Implementation.--Local
people, including women, shall be closely consulted and
involved in the implementation of every project under this
section which as a local focus.
(g) Participation of African Women.--The Agency for
International Development shall ensure that development
activities assisted under this section incorporate a
significant expansion of the participation (including
decisionmaking) and integration of African women in each of the
critical sectors described in subsection (i).
(h) Types of Assistance.--
(1) Projects and programs to address critical
sectoral priorities.--Assistance under this section
shall emphasize primarily projects and programs to
address critical sectoral priorities for long-term
development described in subsection (i).
(2) Reform of economic policies.--
(A) Use of program assistance.--Assistance
under this section may also include program
assistance to promote reform of sectoral
economic policies affecting long-term
development in sub-Saharan Africa as described
in subsection (c), with primary emphasis on
reform of economic policies to support the
critical sectoral priorities described in
subsection (i).
(B) Protection of vulnerable groups.--
Assisted policy reforms shall also include
provisions to protect vulnerable groups
(especially poor, isolated, and female farmers,
the urban poor, and children including
displaced children) and long-term environmental
interests from possible negative consequences
of the reforms.
(3) \673\ Democratization and conflict resolution
capabilities.--Assistance under this section may also
include program assistance--
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\673\ Sec. 127(c)(1) of the African Growth and Opportunity Act
(title I of Public Law 106-200; 114 Stat. 273) redesignated para. (3)
as para. (4) and added a new para. (3).
---------------------------------------------------------------------------
(A) to promote democratization, good
governance, and strong civil societies in sub-
Saharan Africa; and
(B) to strengthen conflict resolution
capabilities of governmental,
intergovernmental, and nongovernmental entities
in sub-Saharan Africa.
(4) \673\ Other assistance.--Funds made available to
carry out this section shall be used almost exclusively
for assistance in accordance with paragraphs (1), (2),
and (3).\674\ Assistance consistent with the purpose of
subsection (c) may also be furnished under this section
to carry out the provisions of sections 103 through 106
of this Act.
---------------------------------------------------------------------------
\674\ Sec. 127(c)(1) of the African Growth and Opportunity Act
(title I of Public Law 106-200; 114 Stat. 273) struck out ``paragraphs
(1) and (2)'' and inserted in lieu thereof ``paragraphs (1), (2), and
(3)''.
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(i) Critical Sectoral Priorities.--The critical sectoral
priorities for long-term development, as described in
subsection (c), are the following:
(1) Agricultural production and natural resources.--
(A) Agricultural production.--Increasing
agricultural production in ways which protect
and restore the natural resource base,
especially food production, through
agricultural policy changes, agricultural
research (including participatory research
directly involving small farmers) and
extension, development and promotion of
agriculture marketing activities, credit
facilities, and appropriate production
packages, and the construction and improvement
of needed production-related infrastructure
such as farm-to-market roads, small-scale
irrigation, and rural electrification. Within
this process, emphasis shall be given to
promoting increased equity in rural income
distribution, recognizing the role of small
farmers.
(B) Natural resource base.--Maintaining and
restoring the renewable natural resource base
primarily in ways which increase agricultural
production, through the following:
(i) Small-scale, affordable,
resource-conserving, low-risk local
projects, using appropriate
technologies (including traditional
agricultural methods) suited to local
environmental, resource, and climatic
conditions, and featuring close
consultation with and involvement of
local people at all stages of project
design and implementation. Emphasis
shall be given to grants for African
local government organizations,
international or African
nongovernmental organizations, and
United States private and voluntary
organizations.
(ii) Support for efforts at national
and regional levels to provide
technical and other support for
projects of the kinds described in
clause (i) and to strengthen the
capacities of African countries to
provide effective extension and other
services in support of environmentally
sustainable increases in food
production.
(iii) Support for special training
and education efforts to improve the
capacity of countries in sub-Saharan
Africa to manage their own environments
and natural resources.
(iv) Support for low-cost
desalination activities in order to
increase the availability of fresh
water sources in sub-Saharan Africa.
(2) Health.--Improving health conditions, with
special emphasis on meeting the health needs of mothers
and children (including displaced children) through the
establishment of primary health care systems that give
priority to preventive health and that will be
ultimately self-sustaining. In addition, providing
training and training facilities, in sub-Saharan
Africa, for doctors and other health care providers,
notwithstanding any provision of law that restricts
assistance to foreign countries.\675\
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\675\ Sec. 111(b) of the Global AIDS and Tuberculosis Relief Act of
2000 (Public Law 106-264; 114 Stat. 752) added this sentence.
---------------------------------------------------------------------------
(3) Voluntary family planning services.--Providing
increased access to voluntary family planning services,
including encouragement of private, community, and
local government initiatives.
(4) Education.--Improving the relevance, equity, and
efficiency of education, with special emphasis on
improving primary education.
(5) Income-generating opportunities.--Developing
income-generating opportunities for the unemployed and
underemployed in urban and rural areas through, among
other things, support for off-farm employment
opportunities in micro- and small-scale labor-intensive
enterprises.
(j) Minimum Levels of Assistance for Certain Critical
Sectors.--The Agency for International Development should
target the equivalent of 10 percent of the amount authorized to
be appropriated for each fiscal year to carry out this chapter
for each of the following:
(1) The activities described in subsection (i)(1)(B),
including identifiable components of agricultural
production projects.
(2) The activities described in subsection (i)(2).
(3) The activities described in subsection (i)(3).
(k) Effective Use of Assistance.--Assistance provided under
this section shall be concentrated in countries which will make
the most effective use of such assistance in order to fulfill
the purpose specified in subsection (c), especially those
countries (including those of the Sahel region) having the
greatest need for outside assistance.
(l) Promotion of Regional Integration.--Assistance under this
section shall, to the extent consistent with this section,
include assistance to promote the regional and subregional
integration of African production structures, markets, and
infrastructure.
(m) Donor Coordination Mechanism.--Funds made available to
carry out this section may be used to assist the governments of
countries in sub-Saharan Africa to increase their capacity to
participate effectively in donor coordination mechanisms at the
country, regional, and sector levels.
(n) Relation to Other Authorities.--
(1) Assistance under other authorities.--The
authority granted by this section to provide assistance
for long-term development in sub-Saharan Africa is not
intended to preclude the use of other authorities for
that purpose. Centrally funded programs which benefit
sub-Saharan Africa shall continue to be funded under
chapter 1 of part I of this Act.
(2) Transfer authorities.--
(A) The transfer authority contained in
section 109 of this Act shall not apply with
respect to this section.
(B) The transfer authority contained in
section 610(a) of this Act may not be used to
transfer funds made available to carry out this
section in order to allow them to be used in
carrying out any other provision of this Act.
(3) Reprogramming notifications.--Section 634A of
this Act does not apply with respect to funds made
available to carry out this section.
(4) Procurement of goods and services.--In order to
allow the assistance authorized by this section to be
furnished as effectively and expeditiously as possible,
section 604(a) of this Act, and similar provisions
relating to the procurement of goods and services,
shall not apply with respect to goods and services
procured for use in carrying out this section. The
exemption provided by this paragraph shall not be
construed to apply to the Comprehensive Anti/Apartheid
\676\ Act of 1986.
---------------------------------------------------------------------------
\676\ Should read ``Anti-Apartheid''.
---------------------------------------------------------------------------
(o) Support for SADCC Projects.--
(1) Authority to provide assistance.--To the extent
funds are provided for such purpose in the annual
Foreign Operations, Export Financing, and Related
Programs Appropriations Act, funds made available to
carry out this chapter may be used to assist sector
projects, in the sectors specified in paragraph (2),
that are supported by the Southern Africa Development
Coordination Conference (SADCC) to enhance the economic
development of the member states forming that regional
institution.
(2) Sectors.--The sectors with respect to which
assistance may be provided under this subsection are
the following: transportation; manpower development;
agriculture and natural resources; energy (including
the improved utilization of electrical power sources
which already exist in the member states and offer the
potential to swiftly reduce the dependence of those
states on South Africa for electricity); and industrial
development and trade (including private sector
initiatives).
(3) Relation to dfa policies and authorities.--To the
maximum extent feasible, the assistance authorized by
this subsection shall be provided consistent with the
policies and authorities contained in the preceding
subsection of this section.
Sec. 497.\677\ Authorizations of Appropriations for the
Development Fund for Africa.--Funds appropriated to carry out
this chapter are authorized to be made available until
expended. It is the sense of the Congress that the authority of
this subsection \678\ should be used to extend the period of
availability of those funds whenever appropriate to improve the
quality of assistance provided under section 496.
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\677\ 22 U.S.C. 2294.
\678\ Congress did not enact an authorization for fiscal year 2009.
Instead, the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H of Public Law 111-8),
waives the requirements for authorization, and title III of that Act
(123 Stat. 842) provides the following:
---------------------------------------------------------------------------
``global health and child survival
``(including transfer of funds)
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for global
health activities, in addition to funds otherwise available for such
purposes, $1,955,000,000, to remain available until September 30, 2010,
and which shall be apportioned directly to the United States Agency for
International Development: Provided, That this amount shall be made
available for such activities as: (1) child survival and maternal
health programs; (2) immunization and oral rehydration programs; (3)
other health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related education
programs; (4) assistance for children displaced or orphaned by causes
other than AIDS; (5) programs for the prevention, treatment, control
of, and research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases, and for assistance to communities severely
affected by HIV/AIDS, including children infected or affected by AIDS;
and (6) family planning/reproductive health: Provided further, That
none of the funds appropriated under this paragraph may be made
available for nonproject assistance, except that funds may be made
available for such assistance for ongoing health activities: Provided
further, That of the funds appropriated under this paragraph, not to
exceed $400,000, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of child
survival, maternal and family planning/reproductive health, and
infectious disease programs: Provided further, That of the funds
appropriated under this paragraph, $75,000,000 should be made available
for a United States contribution to The GAVI Fund, and up to $5,000,000
may be transferred to, and merged with, funds appropriated by this Act
under the heading `Operating Expenses' in title II for costs directly
related to global health, but funds made available for such costs may
not be derived from amounts made available for contributions under this
and preceding provisos: Provided further, That none of the funds made
available in this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization or
program which, as determined by the President of the United States,
supports or participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That any
determination made under the previous proviso must be made no later
than 6 months after the date of enactment of this Act, and must be
accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made available
under this Act may be used to pay for the performance of abortion as a
method of family planning or to motivate or coerce any person to
practice abortions: Provided further, That nothing in this paragraph
shall be construed to alter any existing statutory prohibitions against
abortion under section 104 of the Foreign Assistance Act of 1961:
Provided further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided further, That in
order to reduce reliance on abortion in developing nations, funds shall
be available only to voluntary family planning projects which offer,
either directly or through referral to, or information about access to,
a broad range of family planning methods and services, and that any
such voluntary family planning project shall meet the following
requirements: (1) service providers or referral agents in the project
shall not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative
estimates or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes, gratuities, or
financial reward to: (A) an individual in exchange for becoming a
family planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services; (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to
the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the Administrator of the United
States Agency for International Development determines that there has
been a violation of the requirements contained in paragraph (1), (2),
(3), or (5) of this proviso, or a pattern or practice of violations of
the requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations a report
containing a description of such violation and the corrective action
taken by the Agency: Provided further, That in awarding grants for
natural family planning under section 104 of the Foreign Assistance Act
of 1961 no applicant shall be discriminated against because of such
applicant's religious or conscientious commitment to offer only natural
family planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or appropriating
funds for the Department of State, foreign operations, and related
programs, the term `motivate', as it relates to family planning
assistance, shall not be construed to prohibit the provision,
consistent with local law, of information or counseling about all
pregnancy options: Provided further, That information provided about
the use of condoms as part of projects or activities that are funded
from amounts appropriated by this Act shall be medically accurate and
shall include the public health benefits and failure rates of such use.
``In addition, for necessary expenses to carry out the provisions
of the Foreign Assistance Act of 1961 for the prevention, treatment,
and control of, and research on, HIV/AIDS, $5,159,000,000, to remain
available until expended, and which shall be apportioned directly to
the Department of State: Provided, That of the funds appropriated under
this paragraph, not less than $600,000,000 shall be made available,
notwithstanding any other provision of law, except for the United
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of
2003 (Public Law 108-25), as amended, for a United States contribution
to the Global Fund to Fight AIDS, Tuberculosis and Malaria, and shall
be expended at the minimum rate necessary to make timely payment for
projects and activities: Provided further, That up to 5 percent of the
aggregate amount of funds made available to the Global Fund in fiscal
year 2009 may be made available to the United States Agency for
International Development for technical assistance related to the
activities of the Global Fund: Provided further, That of the funds
appropriated under this paragraph, up to $14,000,000 may be made
available, in addition to amounts otherwise available for such
purposes, for administrative expenses of the Office of the Global AIDS
Coordinator.
---------------------------------------------------------------------------
``development assistance
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of sections
103, 105, 106, and sections 251 through 255, and chapter 10 of part I
of the Foreign Assistance Act of 1961, $1,800,000,000, to remain
available until September 30, 2010: Provided, That of the funds
appropriated under this heading that are made available for assistance
programs for displaced and orphaned children and victims of war, not to
exceed $44,000, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of such
programs: Provided further, That of the funds appropriated by this Act
and prior Acts for fiscal year 2009, not less than $245,000,000 shall
be made available for microenterprise and microfinance development
programs for the poor, especially women: Provided further, That of the
funds appropriated under this heading, not less than $22,500,000 shall
be made available for the American Schools and Hospitals Abroad
program: Provided further, That of the funds appropriated under this
heading, $10,000,000 shall be made available for cooperative
development programs within the Office of Private and Voluntary
Cooperation: Provided further, That of the funds appropriated by this
Act and prior Acts for fiscal year 2009, not less than $300,000,000
shall be made available for water and sanitation supply projects
pursuant to the Senator Paul Simon Water for the Poor Act of 2005
(Public Law 109-121), of which not less than $125,000,000 should be
made available for such projects in Africa: Provided further, That of
the funds appropriated by title III of this Act, not less than
$375,000,000 shall be made available for agricultural development
programs, of which not less than $29,000,000 shall be made available
for Collaborative Research Support Programs: Provided further, That of
the funds appropriated under this heading, $75,000,000 shall be made
available to enhance global food security, including for local or
regional purchase and distribution of food, in addition to funds
otherwise made available for such purposes, and notwithstanding any
other provision of law: Provided further, That prior to the obligation
of funds pursuant to the previous proviso and after consultation with
other relevant Federal departments and agencies, the Committees on
Appropriations, and relevant nongovernmental organizations, the
Administrator of the United States Agency for International Development
shall submit to the Committees on Appropriations a strategy for
achieving the goals of funding for global food security programs,
specifying the intended country beneficiaries, amounts of funding,
types of activities to be funded, and expected quantifiable results:
Provided further, That of the funds appropriated under this heading for
agricultural development programs, not less than $7,000,000 shall be
made available for a United States contribution to the endowment of the
Global Crop Diversity Trust pursuant to section 3202 of Public Law 110-
246: Provided further, That of the funds appropriated under this
heading, not less than $15,000,000 shall be made available for programs
to improve women's leadership capacity in recipient countries.''.
See also the President's Memorandum of January 23, 2009, to the
Secretary of State and the Administrator of the U.S. Agency for
International Development, relating to the Mexico City Policy and
assistance for voluntary population planning (74 F.R. 4903). That
memorandum revoked Presidential Memoranda of January 22, 2001, March
28, 2001 (66 F.R. 17303), and August 29, 2003 (68 F.R. 52323), and,
furthermore, provided the following: ``In addition, I direct the
Secretary of State and the Administrator of USAID to take the following
actions with respect to conditions in voluntary population planning to
either the 2001 or 2003 memoranda and that are not required by the
Foreign Assistance Act or any other law: (1) immediately waive such
conditions in any current grants, and (2) notify current grantees, as
soon as possible, that these conditions have been waived. I further
direct that the Department of State and USAID immediately cease
imposing these conditions in any future grants.''.
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Chapter 11--Support for the Economic and Democratic Development of the
Independent States of the Former Soviet Union \679\
SEC. 498.\680\, \681\ ASSISTANCE FOR THE INDEPENDENT STATES.
The President is authorized to provide assistance to the
independent states of the former Soviet Union under this
chapter for the following activities:
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\679\ Sec. 201 of the FREEDOM Support Act (Public Law 102-511; 106
Stat. 3324) added chapter 11, secs. 498-498C.
\680\ 22 U.S.C. 2295.
\681\ Section 3(b) of Executive Order 12884 of December 1, 1993 (58
F.R. 64099; December 3, 1993), as amended, delegated to the Secretary
of State those functions conferred upon the President in sec. 498. This
delegation of authority is subject to the authority of the Coordinator
(as established in sec. 102 of the FREEDOM Support Act; 22 U.S.C. 5812)
under sec. 102 of that Act. Sec. 3 of that Executive Order ceased to be
effective with enactment of the Foreign Affairs Reform and
Restructuring Act of 1998, pursuant to sec. 1422(a)(4) (division G of
Public Law 105-277; 112 Stat. 2681).
---------------------------------------------------------------------------
(1) Urgent humanitarian needs.--Meeting urgent
humanitarian needs (including those arising from the
health effects of exposure to radiation in the
Chernobyl region), in particular--
(A) meeting needs for medicine, medical
supplies and equipment, and food, including the
nutritional needs of infants such as processed
baby food; and
(B) continuing efforts to rebuild from the
earthquake in Armenia.
(2) \682\ Democracy and rule of law.--Establishing a
democratic and free society by fostering--
---------------------------------------------------------------------------
\682\ Sec. 4(a)(1)(A) of the Russian Democracy Act of 2002 (Public
Law 107-246; 116 Stat. 1514) struck out ``Democracy'' and inserted in
lieu thereof ``Democracy and rule of law''. Sec. 4(a)(1)(B) of that Act
struck out subparas. (E) and (G), relating to the development of a free
and independent media and administration of justice, respectively. Sec.
4(a)(1)(C) redesignated subpara. (F) as subpara. (I), and sec.
4(a)(1)(D) added new subparas. (E) through (H). Lastly, sec. 4(A)(1)(E)
added a new subpara. (J).
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(A) political, social, and economic
pluralism;
(B) respect for internationally recognized
human rights and the rule of law;
(C) the development of institutions of
democratic governance, including electoral and
legislative processes;
(D) the institution and improvement of public
administration at the national,
intergovernmental, regional, and local level;
(E) \682\ development and support of grass-
roots and nongovernmental organizations
promoting democracy, the rule of law,
transparency, and accountability in the
political process, including grants in small
amounts to such organizations;
(F) \682\ international exchanges and other
forms of public diplomacy to promote greater
understanding on how democracy, the public
policy process, market institutions, and an
independent judiciary function in Western
societies;
(G) \682\ political parties and coalitions
committed to promoting democracy, human rights,
and economic reforms;
(H) \682\ support for civic organizations
committed to promoting human rights;
(I) \682\ the development of effective
control by elected civilian officials over, and
the development of a nonpolitical officer corps
in, the military and security forces; and
(J) \682\ strengthened administration of
justice through programs and activities carried
out in accordance with section 498B(e),
including--
(i) support for nongovernmental
organizations, civic organizations, and
political parties that favor a strong
and independent judiciary;
(ii) support for local organizations
that work with judges and law
enforcement officials in efforts to
achieve a reduction in the number of
pretrial detainees; and
(iii) support for the creation of
legal associations or groups that
provide training in human rights and
advocacy, public education with respect
to human rights-related laws and
proposed legislation, and legal
assistance to persons subject to
improper government interference.
(3) \683\ Independent media.--Developing free and
independent media, including--
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\683\ Sec. 4(a)(2) of the Russian Democracy Act of 2002 (Public Law
107-246; 116 Stat. 1514) redesignated paras. (3) through (13) as paras.
(4) through (14), respectively, and added a new para. (3). Previously,
reference to independent media appeared in sec. 498(2)(E), also struck
out by the Russian Democracy Act of 2002. See preceding footnote.
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(A) supporting all forms of independent media
reporting, including print, radio, and
television;
(B) providing special support for, and
unrestricted public access to, nongovernmental
Internet-based sources of information,
dissemination and reporting, including
providing technical and other support for web
radio services, providing computers and other
necessary resources for Internet connectivity
and training new Internet users in
nongovernmental civic organizations on methods
and uses of Internet-based media; and
(C) training in journalism, including
investigative journalism techniques that
educate the public on the costs of corruption
and act as a deterrent against corrupt
officials.
(4) Free market systems.--Creating and developing
private enterprise and free market systems based on the
principle of private ownership of property, including--
(A) the development of private cooperatives,
credit unions, and labor unions;
(B) the improvement in the collection and
analysis of statistical information;
(C) the reform and restructuring of banking
and financial systems; and
(D) the protection of intellectual property.
(5) Trade and investment.--Creating conditions that
promote trade and investment, and encouraging
participation of the United States private sector in
the development of the private sector in the
independent states of the former Soviet Union.
(6) Food distribution and production.--Promoting
market-based mechanisms for the distribution of the
inputs necessary to agricultural production and for the
handling, marketing, storage, and processing of
agricultural commodities; encouraging policies that
provide incentives for agricultural production; and
creating institutions that provide technical and
financial support for the agricultural sector.
(7) Health and human services.--Promoting programs to
strengthen and build institutions that provide quality
health care and voluntary family planning services,
housing, and other services and policies that are
components of a social safety net, particularly for
infants, children, and people with disabilities.
(8) Education and educational television.--Promoting
broad-based educational reform at all levels, in
particular--
(A) by assisting the development of curricula
and by making available textbooks, other
educational materials, and appropriate
telecommunications technologies for the
delivery of educational and instructional
programming; and
(B) by assisting the development of the
skills necessary to produce educational
television programs aimed at promoting basic
skills and the human values associated with a
democratic society and a free market economy.
(9) Energy efficiency and production.--Promoting
market-based pricing policies and the transfer of
technologies that reduce energy wastage and harmful
emissions; supporting developmentally sound capital
energy projects that utilize United States advanced
coal technologies; and promoting efficient production,
use, and transportation of oil, gas, coal, and other
sources of energy.
(10) Civilian nuclear reactor safety.--Implementing--
(A) a program of short-term safety upgrade of
civilian nuclear power plants, including the
training of power plant personnel,
implementation of improved procedures for
nuclear power plant operation, the development
of effective and independent regulatory
authorities, and cost-effective hardware
upgrades; and
(B) a program to retire those civilian
nuclear power plants whose capacity could be
more cost-effectively replaced through energy
efficiency.
(11) Environment.--Enhancing the human and natural
environment and conserving environmental resources,
including through--
(A) facilitation of the adoption of
environmentally-sound policies and
technologies, environmental restoration, and
sustainable use of natural resources;
(B) promotion of the provision of
environmental technology, education, and
training by United States businesses, not-for-
profit organizations, and institutions of
higher education; and
(C) promotion of cooperative research efforts
to validate and improve environmental
monitoring of protracted radiation exposure.
(12) Transportation and telecommunications.--
Improving transportation and telecommunications
infrastructure and management, including intermodal
transportation systems to ensure the safe and efficient
movement of people, products, and materials.
(13) Drug education, interdiction, and eradication.--
Promoting drug education, interdiction, and eradication
programs.
(14) Migration.--Protecting and caring for refugees,
displaced persons, and other migrants; addressing the
root causes of migration; and promoting the development
of appropriate immigration and emigration laws and
procedures.
SEC. 498A.\684\ CRITERIA FOR ASSISTANCE TO GOVERNMENTS OF THE
INDEPENDENT STATES.
(a) \685\ In General.--In providing assistance under this
chapter for the government of any independent state of the
former Soviet Union, the President shall take into account not
only relative need but also the extent to which that
independent state is acting to--
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\684\ 22 U.S.C. 2295a. Sec. 907 of the FREEDOM Support Act (Public
Law 102-511; 106 Stat. 3357) prohibits assistance to the Government of
Azerbaijan unless the President determines that that Government ``is
taking demonstrable steps to cease all blockades and other offensive
uses of force against Armenia and Nagorno-Karabakh.''.
Title II of the Kenneth M. Ludden Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002 (Public Law
107-115; 115 Stat. 2127), para. on Assistance for the Independent
States of the Former Soviet Union, however, exempts the application of
sec. 907 for a range of foreign assistance such as democracy support,
Trade and Development Agency, Export-Import Bank, and OPIC programs,
and humanitarian assistance. The para. also authorizes the President to
waive sec. 907 if he determines that it is necessary to support U.S.
efforts to counter international terrorism or other related concerns.
The President issued such a waiver on January 25, 2002 (Presidential
Determination No. 2002-06; 67 F.R. 5921).
See also footnote at sec. 498C.
\685\ Sec. 2(c) of Executive Order 12884 of December 1, 1993 (58
F.R. 64099; December 3, 1993) delegated to the Coordinator (as
established in sec. 102 of the FREEDOM Support Act; 22 U.S.C. 5812)
those functions conferred upon the President in secs. 498A(a), 498B(c)
and 498B(g).
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(1) make significant progress toward, and is
committed to the comprehensive implementation of, a
democratic system based on principles of the rule of
law, individual freedoms, and representative government
determined by free and fair elections;
(2) make significant progress in, and is committed to
the comprehensive implementation of, economic reform
based on market principles, private ownership, and
integration into the world economy, including
implementation of the legal and policy frameworks
necessary for such reform (including protection of
intellectual property and respect for contracts);
(3) respect internationally recognized human rights,
including the rights of minorities and the rights to
freedom of religion and emigration;
(4) respect international law and obligations and
adhere to the Helsinki Final Act of the Conference on
Security and Cooperation in Europe and the Charter of
Paris, including the obligations to refrain from the
threat or use of force and to settle disputes
peacefully;
(5) cooperate in seeking peaceful resolution of
ethnic and regional conflicts;
(6) implement responsible security policies,
including--
(A) adhering to arms control obligations
derived from agreements signed by the former
Soviet Union;
(B) reducing military forces and expenditures
to a level consistent with legitimate defense
requirements;
(C) not proliferating nuclear, biological, or
chemical weapons, their delivery systems, or
related technologies; and
(D) restraining conventional weapons
transfers;
(7) take constructive actions to protect the
international environment, prevent significant
transborder pollution, and promote sustainable use of
natural resources;
(8) deny support for acts of international terrorism;
(9) accept responsibility for paying an equitable
portion of the indebtedness to United States firms
incurred by the former Soviet Union;
(10) cooperate with the United States Government in
uncovering all evidence regarding Americans listed as
prisoners-of-war, or otherwise missing during American
operations, who were detained in the former Soviet
Union during the Cold War; and
(11) terminate support for the communist regime in
Cuba, including removal of troops, closing military and
intelligence facilities, including the military and
intelligence facilities at Lourdes and Cienfuegos,\686\
and ceasing trade subsidies and economic, nuclear, and
other assistance.
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\686\ Sec. 106(b) of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 795) struck out
``of military facilities'' and inserted in lieu thereof ``military and
intelligence facilities, including the military and intelligence
facilities at Lourdes and Cienfuegos''.
Sec. 111(b) of that Act (110 Stat. 802) further provided that:
``Notwithstanding any other provision of law, the President shall
withhold from assistance allocated on or after [March 12, 1996], for
any country an amount equal to the sum of assistance and credits, if
any, provided on or after [March 12, 1996] by that country or any
entity in that country in support of the completion of the Cuban
nuclear facility at Juragua, near Cienfuegos, Cuba.''.
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(b) \687\ Ineligibility for Assistance.--The President
shall not provide assistance under this chapter--
---------------------------------------------------------------------------
\687\ Sec. 1(a)(2) of Executive Order 12884 of December 1, 1993 (58
F.R. 64099; December 3, 1993), as amended, delegated to the Secretary
of State those functions conferred upon the President in paras. (1),
(2), (3), and (5) of sec. 498A(b).
See also in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8): title III, paragraph relating to assistance for Europe, Eurasia
and Central Asia (123 Stat. 848); sec. 7019--Allocation (123 Stat.
868); sec. 7073--Independent States of the Former Soviet Union (123
Stat. 906); sec. 7074--Repression in the Russian Federation (123 Stat.
907); sec. 7075--Central Asia (123 Stat. 907); sec. 7076--Uzbekistan
(123 Stat. 908); and sec. 7078--Enterprise Funds (123 Stat. 908).
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(1) for the government of any independent state that
the President determines is engaged in a consistent
pattern of gross violations of internationally
recognized human rights or of international law;
(2) for the government of any independent state that
the President determines has failed to take
constructive actions to facilitate the effective
implementation of applicable arms control obligations
derived from agreements signed by the former Soviet
Union;
(3) for the government of any independent state that
the President determines has, on or after the date of
enactment of this chapter, knowingly transferred to
another country--
(A) missiles or missile technology
inconsistent with the guidelines and parameters
of the Missile Technology Control Regime; or
(B) any material, equipment, or technology
that would contribute significantly to the
ability of such country to manufacture any
weapon of mass destruction (including nuclear,
chemical, and biological weapons) if the
President determines that the material,
equipment, or technology was to be used by such
country in the manufacture of such weapon;
(4) for the government of any independent state that
is prohibited from receiving such assistance by section
101 or 102 of the Arms Export Control Act \688\ or
sections 306(a)(1) and 307 of the Chemical and
Biological Weapons Control and Warfare Elimination Act
of 1991; \688\, \689\
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\688\ Formerly referred to ``section 669 or 670'' of this Act. Sec.
826(b) of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236; 108 Stat. 519), repealed those two
sections, and sec. 826(c) of that Act stated that ``Any reference in
law as of the date of enactment of this Act [April 30, 1994] to section
669 or 670 of the Foreign Assistance Act of 1961 shall, after such
date, be deemed to be a reference to section 101 or 102, as the case
may be, of the Arms Export Control Act.''.
\689\ For text of the Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991, see Legislation on Foreign Relations
Through 2008, vol. II-B.
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(5) \690\ for the government of any independent state
effective 30 days after the President has determined
and certified to the appropriate congressional
committees (and Congress has not enacted legislation
disapproving the determination within that 30-day
period) that such government is providing assistance
for, or engaging in nonmarket based trade (as defined
in section 498B(k)(3)) with, the Cuban Government; or
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\690\ Sec. 106(c)(1) of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 796) struck out
``or'' at the end of para. (4); redesignated para. (5) as para. (6);
and added a new para. (5).
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(6) \690\ for the Government of Russia if it has
failed to make significant progress on the removal of
Russian or Commonwealth of Independent States troops
from Estonia, Latvia, and Lithuania or if it has failed
to undertake good faith efforts, such as negotiations,
to end other military practices that violate the
sovereignty of the Baltic states.
(c) Exceptions to Ineligibility.--Assistance prohibited by
subsection (b) or any similar provision of law, other than
assistance prohibited by the provisions referred to in
subsection (b)(4), may be furnished under any of the following
circumstances:
(1) \691\ The President determines that furnishing
such assistance is important to the national interest
of the United States.
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\691\ Sec. 1(a)(3) of Executive Order 12884 of December 1, 1993 (58
F.R. 64099; December 3, 1993) delegated to the Secretary of State those
functions conferred upon the President in paragraph (1) of ``section
498A(C)'', ``and the requirement to make reports under that section
regarding determinations under that paragraph''. As there is no such
designation in the Foreign Assistance Act, the Executive Order is
probably referring to sec. 498A(c).
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(2) \692\ The President determines that furnishing
such assistance will foster respect for internationally
recognized human rights and the rule of law or the
development of institutions of democratic governance.
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\692\ Sec. 2(d) of Executive Order 12884 of December 1, 1993 (58
F.R. 64099; December 3, 1993) delegated to the Coordinator (as
established in sec. 102 of the FREEDOM Support Act; 22 U.S.C. 5812)
those functions conferred upon the President in paragraph (2) of sec.
498A(c), and the requirement to make reports under that section
regarding determinations under that paragraph.
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(3) \693\ The assistance is furnished for the
alleviation of suffering resulting from a natural or
man-made disaster.
---------------------------------------------------------------------------
\693\ Sec. 3(c) of Executive Order 12884 of December 1, 1993 (58
F.R. 64099; December 3, 1993), as amended, delegated to the Secretary
of State those functions conferred upon the President in para. (3) of
sec. 498A(c), and the requirement to make reports under that section
regarding determinations under that paragraph. This delegation of
authority is subject to the authority of the Coordinator (as
established in sec. 102 of the FREEDOM Support Act; 22 U.S.C. 5812)
under sec. 102 of that Act. Sec. 3 of that Executive Order ceased to be
effective with enactment of the Foreign Affairs Reform and
Restructuring Act of 1998, pursuant to sec. 1422(a)(4) (division G of
Public Law 105-277; 112 Stat. 2681).
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(4) \694\ The assistance is provided under the
secondary school exchange program administered by the
United States Information Agency.
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\694\ Sec. 106(c)(3) of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 796) added para.
(4).
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The President shall immediately report to the Congress any
determination under paragraph (1) or (2) or any decision to
provide assistance under paragraph (3).
(d) \695\ Reduction in Assistance for Support of
Intelligence Facilities in Cuba.--
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\695\ Sec. 106(d)(2) of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 797) added
subsec. (d). Sec. 106(d)(1) of that Act further provided the following:
``(d) Facilities at Lourdes, Cuba.--
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``(1) disapproval of credits.--The Congress expresses its strong
disapproval of the extension by Russia of credits equivalent to
$200,000,000 in support of the intelligence facility at Lourdes, Cuba, in
November 1994.''.
(1) Reduction in assistance.--Notwithstanding any
other provision of law, the President shall withhold
from assistance provided, on or after the date of the
enactment of this subsection, for an independent state
of the former Soviet Union under this Act an amount
equal to the sum of assistance and credits, if any,
provided on or after such date by such state in support
of intelligence facilities in Cuba, including the
intelligence facility at Lourdes, Cuba.
(2) Waiver.--(A) The President may waive the
requirement of paragraph (1) to withhold assistance if
the President certifies to the appropriate
congressional committees that the provision of such
assistance is important to the national security of the
United States, and, in the case of such a certification
made with respect to Russia, if the President certifies
that the Russian Government has assured the United
States Government that the Russian Government is not
sharing intelligence data collected at the Lourdes
facility with officials or agents of the Cuban
Government.
(B) At the time of a certification made with respect
to Russia under subparagraph (A), the President shall
also submit to the appropriate congressional committees
a report describing the intelligence activities of
Russia in Cuba, including the purposes for which the
Lourdes facility is used by the Russian Government and
the extent to which the Russian Government provides
payment or government credits to the Cuban Government
for the continued use of the Lourdes facility.
(C) The report required by subparagraph (B) may be
submitted in classified form.
(D) For purposes of this paragraph, the term
``appropriate congressional committees'' includes the
Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on
Intelligence of the Senate.
(3) Exceptions to reductions in assistance.--The
requirement of paragraph (1) to withhold assistance
shall not apply with respect to--
(A) assistance to meet urgent humanitarian
needs, including disaster and refugee relief;
(B) democratic political reform or rule of
law activities;
(C) technical assistance for safety upgrades
of civilian nuclear power plants;
(D) the creation of private sector or
nongovernmental organizations that are
independent of government control;
(E) the development of a free market economic
system;
(F) assistance under the secondary school
exchange program administered by the United
States Information Agency; or
(G) assistance for the purposes described in
the Cooperative Threat Reduction Act of 1993
(title XII of Public Law 103-160).
SEC. 498B.\696\ AUTHORITIES RELATING TO ASSISTANCE AND OTHER
PROVISIONS.
(a) Assistance Through Governments and Nongovernmental
Organizations.--Assistance under this chapter may be provided
to governments or through nongovernmental organizations.
---------------------------------------------------------------------------
\696\ 22 U.S.C. 2295b.
---------------------------------------------------------------------------
(b) Technical and Managerial Assistance.--Technical
assistance under this chapter shall, to the maximum extent
feasible, be provided on a long term, on-site basis and shall
emphasize the provision of practical, management and other
problem-solving advice, particularly advice on private
enterprise provided by United States business volunteers.
(c) \685\ Enterprise Funds.--Activities supported pursuant to
this chapter may include the establishment of and the provision
of support for one or more enterprise funds for the independent
states of the former Soviet Union. If the President determines
\697\ that an enterprise fund should be established and
supported under this chapter, the provisions contained in
section 201 of the Support for East European Democracy (SEED)
Act of 1989 (excluding the authorizations of appropriations
provided in subsection (b) of that section) shall be deemed to
apply with respect to such enterprise fund and to funds made
available to such enterprise fund pursuant to this chapter.
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\697\ In Department of State Public Notice 1926 of December 10,
1993, the Coordinator of U.S. Assistance to the New Independent States
determined that the following enterprise funds should be established
and supported under chapter 11 of part I of the Act: (1) The Russian-
American Enterprise Fund, (2) The Fund for Large Enterprise
Restructuring, and (3) The Central Asia Regional Enterprise Fund (58
F.R. 69441). Department of State Public Notice 1976 of March 23, 1994,
determined that the Western NIS Enterprise Fund should be established
and supported under chapter 11 of part I (59 F.R. 16255). Department of
State Public Notice 2228 of June 23, 1995, determined that the U.S.
Russia Investment Fund should be established and supported under
chapter 11 of part I (61 F.R. 36176).
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(d) Cooperative Development and Research Projects.--
Assistance under this chapter may include support for
cooperative development projects, including cooperative
development research projects, among the United States, other
countries, and independent states of the former Soviet Union.
(e) Administration of Justice Programs.--In order to
strengthen the administration of justice in the independent
states of the former Soviet Union under paragraph (2)(J) \698\
of section 498, the President may exercise the same authorities
as are available under section 534 of this Act, subject to the
limitations and requirements of that section, other than
subsection (c) and the last two sentences of subsection (e).
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\698\ Sec. 4(b) of the Russian Democracy Act of 2002 (Public Law
107-246; 116 Stat. 1515) struck out ``paragraph (2)(G)'' and inserted
in lieu thereof ``paragraph (2)(J)''.
---------------------------------------------------------------------------
(f) Use of Economic Support Funds.--Any funds that have been
allocated under chapter 4 of part II for assistance for the
independent states of the former Soviet Union may be used in
accordance with the provisions of this chapter.
(g) \685\ Use of SEED Agency Funds and Administrative
Authorities.--The President may authorize any agency of the
United States Government that has authority to conduct
activities under the Support for East European Democracy (SEED)
Act of 1989 to use--
(1) any funds that are available to it for activities
related to international affairs outside Eastern
Europe, and
(2) any administrative authorities that are available
to it for activities with respect to Eastern Europe,
to conduct activities authorized by section 498 with respect to
the independent states of the former Soviet Union.
(h) \699\ Procurement Restrictions.--Funds made available for
assistance under this chapter may be used for procurement--
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\699\ Sec. 5(a) of Executive Order 12884 of December 1, 1993 (58
F.R. 64099; December 3, 1993) delegated to the head of the agency that
is responsible for administering relevant programs or activities those
functions conferred upon the President in secs. 498B(h) and 498B(i).
This delegation of authority is subject to the authority of the
Coordinator (as established in sec. 102 of the FREEDOM Support Act; 22
U.S.C. 5812).
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(1) in the United States, the independent states of
the former Soviet Union, or a developing country; or
(2) in any other country but only if--
(A) the provision of such assistance requires
commodities or services of a type that are not
produced in and available for purchase in any
country specified in paragraph (1); or
(B) the President determines, on a case-by-
case basis, that procurement in such other
country is necessary--
(i) to meet unforeseen circumstances,
such as emergency situations, where it
is important to permit procurement in a
country not specified in paragraph (1),
or
(ii) to promote efficiency in the use
of United States foreign assistance
resources, including to avoid
impairment of foreign assistance
objectives.
(i) Terms and Conditions.--Assistance under this chapter
shall be provided on such terms and conditions as the President
may determine, consistent with applicable provisions of law
(except as otherwise provided in subsection (j)).
(j) Waiver of Certain Provisions.--
(1) In general.--Funds authorized to be appropriated
for fiscal year 1993 by this chapter, and any other
funds appropriated for fiscal year 1993 that are used
under the authority of subsection (f) or (g), may be
used to provide assistance under this chapter
notwithstanding any other provision of law, except
for--
(A) this chapter;
(B) section 634A of this Act and comparable
notification requirements contained in sections
of the annual foreign operations, export
financing, and related programs Act;
(C) sections 101 and 102 of the Arms Export
Control Act \700\ and sections 306 and 307 of
the Chemical and Biological Weapons Control and
Warfare Elimination Act of 1961,\701\ to the
extent that they apply to assistance to
governments; and
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\700\ Formerly referred to sections 669 and 670 of this Act. Sec.
826(b) of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236; 108 Stat. 519) repealed those two
sections, and sec. 826(c) of that Act stated that ``Any reference in
law as of the date of enactment of this Act [April 30, 1994] to section
669 or 670 of the Foreign Assistance Act of 1961 shall, after such
date, be deemed to be a reference to section 101 or 102 , as the case
may be, of the Arms Export Control Act.''.
\701\ So in original. Should read ``1991''. Sec. 306 (22 U.S.C.
5604) and sec. 307 (22 U.S.C. 5605) may be found in Legislation on
Foreign Relations Through 2008, vol. II-B.
---------------------------------------------------------------------------
(D) section 1341 of title 31, United States
Code (commonly referred to as the ``Anti-
Deficiency Act''), the Congressional Budget and
Impoundment Control Act of 1974, the Balanced
Budget and Emergency Deficit Control Act of
1985, and the Budget Enforcement Act of
1990.\702\
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\702\ Public Law 97-258 (96 Stat. 877 at 923), Public Law 93-344
(88 Stat. 297), Public Law 99-177 (99 Stat. 1037), and title XIII of
Public Law 101-508 (104 Stat. 1388-573), respectively.
---------------------------------------------------------------------------
(2) Nuclear reactor safety and related activities.--
Any provision that corresponds to section 510 of the
Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1991 (relating to the
prohibition on financing exports of nuclear equipment,
fuel, and technology) shall not apply with respect to
funds used pursuant to this chapter.
(k) Definitions.--
(1) Appropriate congressional committees.--As used in
this chapter, the term ``appropriate congressional
committees'' means the Committee on Foreign Affairs
\703\ 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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\703\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(2) Independent states of the former soviet union.--
As used in this chapter, the terms ``independent states
of the former Soviet Union'' and ``independent states''
have the meaning given those terms by section 3 of the
Freedom for Russia and Emerging Eurasian Democracies
and Open Markets Support Act of 1992.
(3) \704\ Nonmarket based trade.--As used in section
498A(b)(5), the term ``nonmarket based trade'' includes
exports, imports, exchanges, or other arrangements that
are provided for goods and services (including oil and
other petroleum products) on terms more favorable than
those generally available in applicable markets or for
comparable commodities, including--
---------------------------------------------------------------------------
\704\ Sec. 106(c)(2) of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 796) added para.
(3).
---------------------------------------------------------------------------
(A) exports to the Cuban Government on terms
that involve a grant, concessional price,
guaranty, insurance, or subsidy;
(B) imports from the Cuban Government at
preferential tariff rates;
(C) exchange arrangements that include
advance delivery of commodities, arrangements
in which the Cuban Government is not held
accountable for unfulfilled exchange contracts,
and arrangements under which Cuba does not pay
appropriate transportation, insurance, or
finance costs; and
(D) the exchange, reduction, or forgiveness
of debt of the Cuban Government in return for a
grant by the Cuban Government of an equity
interest in a property, investment, or
operation of the Cuban Government or of a Cuban
national.
(4) Cuban government.--(A) The term ``Cuban
Government'' includes the government of any political
subdivision of Cuba, and any agency or instrumentality
of the Government of Cuba.
(B) For purposes of subparagraph (A), the term
``agency or instrumentality of the Government of Cuba''
means an agency or instrumentality of a foreign state
as defined in section 1603(b) of title 28, United
States Code, with each reference in such section to ``a
foreign state'' deemed to be a reference to ``Cuba''.
SEC. 498C.\705\ AUTHORIZATION OF APPROPRIATIONS.
(a) In general.--To carry out this chapter, there are
authorized to be appropriated to the President for fiscal year
1993 $410,000,000, in addition to amounts otherwise available
for assistance for the independent states of the former Soviet
Union. Amounts appropriated pursuant to this subsection are
authorized to remain available until expended.\706\
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\705\ 22 U.S.C. 2295c.
\706\ Congress did not enact an authorization for fiscal year 2009.
Instead, the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (Public Law 111-8), waives the
requirements for authorization, and titles III and VII of that Act (123
Stat. 848, 850, and 906), provide the following:
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``assistance for europe, eurasia and central asia
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act, and the Support for
East European Democracy (SEED) Act of 1989, $650,000,000, to remain
available until September 30, 2010, which shall be available,
notwithstanding any other provision of law, for assistance and for
related programs for countries identified in section 3 of the FREEDOM
Support Act and section 3(c) of the SEED Act: Provided, That 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: Provided further, That
notwithstanding any provision of this or any other Act, funds
appropriated in prior years under the headings `Independent States of
the Former Soviet Union' and similar headings and `Assistance for
Eastern Europe and the Baltic States' and similar headings, and
currencies generated by or converted from such funds, shall be
available for use in any country for which funds are made available
under this heading without regard to the geographic limitations of the
heading under which such funds were originally appropriated: Provided
further, That funds made available for the Southern Caucasus region may
be used for confidence-building measures and other activities in
furtherance of the peaceful resolution of conflicts, including in
Nagorno-Karabagh.
---------------------------------------------------------------------------
* * * * * * *
``nonproliferation, anti-terrorism, demining and related programs
---------------------------------------------------------------------------
``For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $525,000,000, to carry
out the provisions of chapter 8 of part II of the Foreign Assistance
Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the
Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act,
section 23 of the Arms Export Control Act or the Foreign Assistance Act
of 1961 for demining activities, the clearance of unexploded ordnance,
the destruction of small arms, and related activities, notwithstanding
any other provision of law, including activities implemented through
nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided, That of this amount not to exceed $41,000,000, to
remain available until expended, may be made available for the
Nonproliferation and Disarmament Fund, notwithstanding any other
provision of law, to promote bilateral and multilateral activities
relating to nonproliferation and disarmament: Provided further, That
such funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the
United States to do so: Provided further, That funds appropriated under
this heading may be made available for IAEA only if the Secretary of
State determines (and so reports to the Congress) that Israel is not
being denied its right to participate in the activities of that Agency:
Provided further, That of the funds appropriated under this heading,
not more than $750,000 may be made available for public-private
partnerships for conventional weapons and mine action by grant,
cooperative agreement or contract: Provided further, That of the funds
made available for demining and related activities, not to exceed
$700,000, in addition to funds otherwise available for such purposes,
may be used for administrative expenses related to the operation and
management of the demining program: Provided further, That funds
appropriated under this heading that are available for `Anti-terrorism
Assistance' and `Export Control and Border Security' shall remain
available until September 30, 2010.
---------------------------------------------------------------------------
* * * * * * *
``TITLE VII--GENERAL PROVISIONS
* * * * * * *
``independent states of the former soviet union
---------------------------------------------------------------------------
``Sec. 7073. (a) None of the funds appropriated under the heading
`Assistance for Europe, Eurasia and Central Asia' shall be made
available for assistance for a government of an Independent State of
the former Soviet Union if that government directs any action in
violation of the territorial integrity or national sovereignty of any
other Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That such
funds may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the national
security interest of the United States.
``(b) Funds appropriated under the heading `Assistance for Europe,
Eurasia and Central Asia' for the Russian Federation, Armenia,
Kazakhstan, and Uzbekistan shall be subject to the regular notification
procedures of the Committees on Appropriations.
``(c)(1) Of the funds appropriated under the heading `Assistance
for Europe, Eurasia and Central Asia' 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.
---------------------------------------------------------------------------
``(d) 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.
``repression in the russian federation
---------------------------------------------------------------------------
``Sec. 7074. (a) None of the funds appropriated under the heading
`Assistance for Europe, Eurasia and Central Asia' in this Act may be
made available for the Government of the Russian Federation, after 180
days from the date of the enactment of this Act, unless the President
determines and certifies in writing to the Committees on Appropriations
that the Government of the Russian Federation: (1) has implemented no
statute, Executive order, regulation or similar government action that
would discriminate, or which has as its principal effect
discrimination, against religious groups or religious communities in
the Russian Federation in violation of accepted international
agreements on human rights and religious freedoms to which the Russian
Federation is a party; and (2) is (A) honoring its international
obligations regarding freedom of expression, assembly, and press, as
well as due process; (B) investigating and prosecuting law enforcement
personnel credibly alleged to have committed human rights abuses
against political leaders, activists and journalists; and (C)
immediately releasing political leaders, activists and journalists who
remain in detention.
``(b) The Secretary of State may waive the requirements of
subsection (a) if the Secretary determines that to do so is important
to the national interests of the United States.
---------------------------------------------------------------------------
``central asia
---------------------------------------------------------------------------
``Sec. 7075. (a) Funds appropriated by this Act may be made
available for assistance for the Government of Kazakhstan only if the
Secretary of State determines and reports to the Committees on
Appropriations that the Government of Kazakhstan has made significant
improvements in the protection of human rights and civil liberties
during the preceding 6 month period, including by fulfilling
obligations recommended by the Organization for Security and
Cooperation in Europe (OSCE) in the areas of election procedures, media
freedom, freedom of religion, free assembly and minority rights, and by
meeting the commitments it made in connection with its assumption of
the Chairmanship of the OSCE in 2010.
``(b) The Secretary of State may waive subsection (a) if the
Secretary determines and reports to the Committees on Appropriations
that such a waiver is important to the national security of the United
States.
``(c) Not later than October 1, 2009, the Secretary of State shall
submit a report to the Committees on Appropriations describing the
following:
---------------------------------------------------------------------------
``(1) The defense articles, defense services, and financial assistance
provided by the United States to the countries of Central Asia during the
12-month period ending 30 days prior to submission of such report.
``(2) The use during such period of defense articles, defense services,
and financial assistance provided by the United States by units of the
armed forces, border guards, or other security forces of such countries.
---------------------------------------------------------------------------
``(d) For purposes of this section, the term `countries of Central
Asia' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and
Turkmenistan.
---------------------------------------------------------------------------
``uzbekistan
---------------------------------------------------------------------------
``Sec. 7076. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Uzbekistan only
if the Secretary of State determines and reports to the Committees on
Appropriations that the Government of Uzbekistan is making substantial
and continuing progress--
---------------------------------------------------------------------------
``(1) in meeting its commitments under the `Declaration on the Strategic
Partnership and Cooperation Framework Between the Republic of Uzbekistan
and the United States of America', including respect for internationally
recognized human rights, establishing a genuine multi-party system, and
ensuring free and fair elections, freedom of expression, and the
independence of the media; and
``(2) in investigating and prosecuting the individuals responsible for
the deliberate killings of civilians in Andijan in May 2005.
---------------------------------------------------------------------------
``(b) If the Secretary of State has credible evidence that any
current or former official of the Government of Uzbekistan was
responsible for the deliberate killings of civilians in Andijan in May
2005, or for other violations of internationally recognized human
rights in Uzbekistan, not later than 6 months after enactment of this
Act any person identified by the Secretary pursuant to this subsection
shall be ineligible for admission to the United States.
``(c) The restriction in subsection (b) shall cease to apply if the
Secretary determines and reports to the Committees on Appropriations
that the Government of Uzbekistan has taken concrete and measurable
steps to improve respect for internationally recognized human rights,
including allowing peaceful political and religious expression,
releasing imprisoned human rights defenders, and implementing
recommendations made by the United Nations on torture.
``(d) The Secretary may waive the application of subsection (b) if
the Secretary determines that admission to the United States is
necessary to attend the United Nations or to further United States law
enforcement objectives.
``(e) For the purpose of this section `assistance' shall include
excess defense articles.''.
See also in that Act, sec. 7015--Reprogramming Notification
Requirements (123 Stat. 865); and sec. 7019--Allocations (123 Stat.
868). See also the FREEDOM Support Act (Public Law 102-511; 106 Stat.
3320), in Legislation on Foreign Relations Through 2008, vol. I-B.
Title XI of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1893, 1894), provides the following:
---------------------------------------------------------------------------
``Assistance for Europe, Eurasia and Central Asia
---------------------------------------------------------------------------
``For an additional amount for `Assistance for Europe, Eurasia and
Central Asia', $272,000,000, to remain available until September 30,
2010, of which $242,000,000 shall be available for assistance for
Georgia: Provided, That funds appropriated under this heading may be
made available for assistance for other Eurasian countries to meet
unanticipated requirements only if the Secretary of State determines
and reports to the Committees on Appropriations that to do so is in the
national security interests of the United States: Provided further,
That of the funds appropriated under this heading, $30,000,000 may be
made available for assistance for the Kyrgyz Republic to provide a
long-range air traffic control and safety system to support air
operations in the Kyrgyz Republic, including at Manas International
Airport, notwithstanding any other provision of law: Provided further,
That funds appropriated under this heading shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
---------------------------------------------------------------------------
* * * * * * *
``Nonproliferation, Anti-Terrorism, Demining and Related Programs
---------------------------------------------------------------------------
``For an additional amount for `Nonproliferation, Anti-Terrorism,
Demining and Related Programs', $102,000,000, to remain available until
September 30, 2010, of which up to $77,000,000 may be made available
for the Nonproliferation and Disarmament Fund, notwithstanding any
other provision of law, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament and weapons
destruction, and shall remain available until expended: Provided, That
funds made available for the Nonproliferation and Disarmament Fund
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, That the Secretary of State shall work assiduously to
facilitate the regular flow of people and licit goods in and out of
Gaza at established border crossings.''.
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(b) Operating expenses.--
(1) Authority to transfer program funds.--Subject to
paragraph (2), funds made available under subsection
(a) may be transferred to, and merged with, funds
appropriated for ``Operating Expenses of the Agency for
International Development''. Funds so transferred may
be expended for administrative costs in carrying out
this chapter, including reimbursement of the Department
of State for its incremental costs associated with
assistance provided under this chapter.
(2) \707\ Limitation on amount transferred.--Not more
than 2 percent of the funds made available for a fiscal
year under subsection (a) may be transferred pursuant
to paragraph (1) unless, at least 15 days before
transferring any additional amount, the President
notifies the appropriate congressional committees in
accordance with the procedures applicable to
reprogramming notifications under section 634A of this
Act.
---------------------------------------------------------------------------
\707\ Sec. 3(b) of Executive Order 12884 of December 1, 1993 (58
F.R. 64099; December 3, 1993), as amended, delegated to the Secretary
of State those functions conferred upon the President in sec.
498C(b)(2). This delegation of authority is subject to the authority of
the Coordinator (as established in sec. 102 of the FREEDOM Support Act;
22 U.S.C. 5812) under sec. 102 of that Act. Sec. 3 of that Executive
Order ceased to be effective with enactment of the Foreign Affairs
Reform and Restructuring Act of 1998, pursuant to sec. 1422(a)(4)
(division G of Public Law 105-277; 112 Stat. 2681).
---------------------------------------------------------------------------
Chapter 12--Support for the Economic and Political Independence of the
Countries of the South Caucasus and Central Asia \708\
SEC. 499.\709\ UNITED STATES ASSISTANCE TO PROMOTE RECONCILIATION AND
RECOVERY FROM REGIONAL CONFLICTS.
(a) Purpose of Assistance.--The purposes of assistance
under this section include--
---------------------------------------------------------------------------
\708\ Sec. 596(b) of the Silk Road Strategy Act of 1999 (sec. 596
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2000; H.R. 3422, enacted by reference in sec.
1000(a)(2) of Public Law 106-113; 113 Stat. 1535) added chapter 12 to
part I of this Act.
See notes under chapter 11 of this Act for current appropriations.
\709\ 22 U.S.C. 2296.
---------------------------------------------------------------------------
(1) the creation of the basis for reconciliation
between belligerents;
(2) the promotion of economic development in areas of
the countries of the South Caucasus and Central Asia
impacted by civil conflict and war; and
(3) the encouragement of broad regional cooperation
among countries of the South Caucasus and Central Asia
that have been destabilized by internal conflicts.
(b) Authorization for Assistance.--
(1) In general.--To carry out the purposes of
subsection (a), the President is authorized to provide
humanitarian assistance and economic reconstruction
assistance for the countries of the South Caucasus and
Central Asia to support the activities described in
subsection (c).
(2) Definition of humanitarian assistance.--In this
subsection, the term ``humanitarian assistance'' means
assistance to meet humanitarian needs, including needs
for food, medicine, medical supplies and equipment,
education, and clothing.
(c) Activities Supported.--Activities that may be supported
by assistance under subsection (b) include--
(1) providing for the humanitarian needs of victims
of the conflicts;
(2) facilitating the return of refugees and
internally displaced persons to their homes; and
(3) assisting in the reconstruction of residential
and economic infrastructure destroyed by war.
SEC. 499A.\710\ ECONOMIC ASSISTANCE.
(a) Purpose of Assistance.--The purpose of assistance under
this section is to foster economic growth and development,
including the conditions necessary for regional economic
cooperation, in the South Caucasus and Central Asia.
---------------------------------------------------------------------------
\710\ 22 U.S.C. 2296a.
---------------------------------------------------------------------------
(b) Authorization for Assistance.--To carry out the purpose
of subsection (a), the President is authorized to provide
assistance for the countries of the South Caucasus and Central
Asia to support the activities described in subsection (c).
(c) Activities Supported.--In addition to the activities
described in section 498, activities supported by assistance
under subsection (b) should support the development of the
structures and means necessary for the growth of private sector
economies based upon market principles.
SEC. 499B.\711\ DEVELOPMENT OF INFRASTRUCTURE.
(a) Purpose of Programs.--The purposes of programs under
this section include--
---------------------------------------------------------------------------
\711\ 22 U.S.C. 2296b.
---------------------------------------------------------------------------
(1) to develop the physical infrastructure necessary
for regional cooperation among the countries of the
South Caucasus and Central Asia; and
(2) to encourage closer economic relations and to
facilitate the removal of impediments to cross-border
commerce among those countries and the United States
and other developed nations.
(b) Authorization for Programs.--To carry out the purposes
of subsection (a), the following types of programs for the
countries of the South Caucasus and Central Asia may be used to
support the activities described in subsection (c):
(1) Activities by the Export-Import Bank to complete
the review process for eligibility for financing under
the Export-Import Bank Act of 1945.
(2) The provision of insurance, reinsurance,
financing, or other assistance by the Overseas Private
Investment Corporation.
(3) Assistance under section 661 of this Act
(relating to the Trade and Development Agency).
(c) Activities Supported.--Activities that may be supported
by programs under subsection (b) include promoting actively the
participation of United States companies and investors in the
planning, financing, and construction of infrastructure for
communications, transportation, including air transportation,
and energy and trade including highways, railroads, port
facilities, shipping, banking, insurance, telecommunications
networks, and gas and oil pipelines.
SEC. 499C.\712\ BORDER CONTROL ASSISTANCE.
(a) Purpose of Assistance.--The purpose of assistance under
this section includes the assistance of the countries of the
South Caucasus and Central Asia to secure their borders and
implement effective controls necessary to prevent the
trafficking of illegal narcotics and the proliferation of
technology and materials related to weapons of mass destruction
(as defined in section 2332a(c)(2) of title 18, United States
Code), and to contain and inhibit transnational organized
criminal activities.
---------------------------------------------------------------------------
\712\ 22 U.S.C. 2296c.
---------------------------------------------------------------------------
(b) \713\ Authorization for Assistance.--To carry out the
purpose of subsection (a), the President is authorized to
provide assistance to the countries of the South Caucasus and
Central Asia to support the activities described in subsection
(c).
---------------------------------------------------------------------------
\713\ Sec. 516 of the Security Assistance Act of 2000 (Public Law
106-280; 114 Stat. 859) provided the following:
---------------------------------------------------------------------------
``sec. 516. border security and territorial independence.
---------------------------------------------------------------------------
``(a) GUUAM Countries and Armenia.--For the purpose of carrying out
section 499C of the Foreign Assistance Act of 1961 and assisting GUUAM
countries and Armenia to strengthen national control of their borders
and to promote the independence and territorial sovereignty of such
countries, the following amounts are authorized to be made available
for fiscal years 2001 and 2002:
---------------------------------------------------------------------------
``(1) $5,000,000 for fiscal year 2001 and $20,000,000 for fiscal year
2002 are of the amounts made available under section 23 of the Arms Export
Control Act (22 U.S.C. 2763).
``(2) $2,000,000 for fiscal year 2001 and $10,000,000 for fiscal year
2002 of the amounts made available under chapter 9 of part II of the
Foreign Assistance Act of 1961, as added by section 301.
``(3) $500,000 for fiscal year 2001 and $5,000,000 for fiscal year 2002
of the amounts made available to carry out chapter 5 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).
``(4) $1,000,000 for fiscal year 2001 and $2,000,000 for fiscal year 2002
of the amounts made available to carry out chapter 8 of part II of the
Foreign Assistance Act.
---------------------------------------------------------------------------
``(b) GUUAM Countries Defined.--In this section, the term `GUUAM
countries' means the group of countries that signed a protocol on
quadrilateral cooperation on November 25, 1997, together with
Uzbekistan.''.
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(c) Activities Supported.--Activities that may be supported
by assistance under subsection (b) include assisting those
countries of the South Caucasus and Central Asia in developing
capabilities to maintain national border guards, coast guard,
and customs controls.
SEC. 499D.\714\ STRENGTHENING DEMOCRACY, TOLERANCE, AND THE DEVELOPMENT
OF CIVIL SOCIETY.
(a) Purpose of Assistance.--The purpose of assistance under
this section is to promote institutions of democratic
government and to create the conditions for the growth of
pluralistic societies, including religious tolerance and
respect for internationally recognized human rights.
---------------------------------------------------------------------------
\714\ 22 U.S.C. 2296d.
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(b) Authorization for Assistance.--To carry out the purpose
of subsection (a), the President is authorized to provide the
following types of assistance to the countries of the South
Caucasus and Central Asia:
(1) Assistance for democracy building, including
programs to strengthen parliamentary institutions and
practices.
(2) Assistance for the development of nongovernmental
organizations.
(3) Assistance for development of independent media.
(4) Assistance for the development of the rule of
law, a strong independent judiciary, and transparency
in political practice and commercial transactions.
(5) International exchanges and advanced professional
training programs in skill areas central to the
development of civil society.
(6) Assistance to promote increased adherence to
civil and political rights under section 116(e) of this
Act.
(c) Activities Supported.--Activities that may be supported
by assistance under subsection (b) include activities that are
designed to advance progress toward the development of
democracy.
SEC. 499E.\715\ ADMINISTRATIVE AUTHORITIES.
(a) Assistance Through Governments and Nongovernmental
Organizations.--Assistance under this chapter may be provided
to governments or through nongovernmental organizations.
---------------------------------------------------------------------------
\715\ 22 U.S.C. 2296e.
---------------------------------------------------------------------------
(b) Use of Economic Support Funds.--Except as otherwise
provided, any funds that have been allocated under chapter 4 of
part II for assistance for the independent states of the former
Soviet Union may be used in accordance with the provisions of
this chapter.
(c) Terms and Conditions.--Assistance under this chapter
shall be provided on such terms and conditions as the President
may determine.
(d) Available Authorities.--The authority in this chapter
to provide assistance for the countries of the South Caucasus
and Central Asia is in addition to the authority to provide
such assistance under the FREEDOM Support Act (22 U.S.C. 5801
et seq.) or any other Act, and the authorities applicable to
the provision of assistance under chapter 11 may be used to
provide assistance under this chapter.
SEC. 499F.\716\ DEFINITIONS.
In this chapter:
---------------------------------------------------------------------------
\716\ 22 U.S.C. 2296f.
---------------------------------------------------------------------------
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives.
(2) Countries of the south caucasus and central
asia.--The term ``countries of the South Caucasus and
Central Asia'' means Armenia, Azerbaijan, Georgia,
Kazakstan, Kyrgyzstan, Tajikistan, Turkmenistan, and
Uzbekistan.
PART II \717\
Chapter 1--Policy \718\
Sec. 501.\719\ Statement of Policy.--The Congress of the
United States reaffirms the policy of the United States to
achieve international peace and security through the United
Nations so that armed force shall not be used except for
individual or collective self-defense. The Congress hereby
finds that the efforts of the United States and other friendly
countries to promote peace and security continue to require
measures of support based upon the principle of effective self-
help and mutual aid. It is the purpose of this part to
authorize measures in the common defense against internal and
external aggression, including the furnishing of military
assistance, upon request, to friendly countries and
international organizations. In furnishing such military
assistance, it remains the policy of the United States to
continue to exert maximum efforts to achieve universal control
of weapons of mass destruction and universal regulation and
reduction of armaments, including armed forces, under adequate
safeguards to protect complying countries against violation and
invasion.
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\717\ Sec. 594(a) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1993 (Public Law 102-391; 106
Stat. 1692), inserted a chapter 12 at the end of Part I, preceding this
note, to provide for the Enterprise for the Americas Initiative. Sec.
602(b) of the Jobs Through Exports Act of 1992 (Public Law 102-549; 106
Stat. 3669), struck out this amendment, however, and inserted ``Part
IV--Enterprise for the Americas Initiative'' beginning at sec. 701 of
this Act.
\718\ Sec. 201(a) of the FA Act of 1963 struck out the words
``Short Title and'' in the chapter heading which formerly read ``Short
Title and Policy''.
\719\ 22 U.S.C. 2301. Former sec. 502 was designated sec. 501 by
sec. 201(a)(1) of the FA Act of 1967 (Public Law 90-137). Former sec.
501, which related to the short title, was repealed by sec. 201(b) of
the FA Act of 1963 (Public Law 88-205).
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The Congress recognizes that the peace of the world and the
security of the United States are endangered so long as hostile
countries \720\ continue by threat of military action, by the
use of economic pressure, and by internal subversion, or other
means to attempt to bring under their domination peoples now
free and independent and continue to deny the rights of freedom
and selfgovernment to peoples and countries once free but now
subject to such domination.
---------------------------------------------------------------------------
\720\ Sec. 705(1)(A) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2317) struck out ``international communism and the countries it
controls'' and inserted in lieu thereof ``hostile countries''.
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It is the sense of the Congress that an important
contribution toward peace would be made by the establishment
under the Organization of American States of an international
military force.
In enacting this legislation, it is therefore the intention
of the Congress to promote the peace of the world and the
foreign policy, security, and general welfare of the United
States by fostering an improved climate of political
independence and individual liberty, improving the ability of
friendly countries and international organizations to deter or,
if necessary, defeat \721\ aggression, facilitating
arrangements for individual and collective security, assisting
friendly countries to maintain internal security, and creating
an environment of security and stability in the developing
friendly countries essential to their more rapid social,
economic, and political progress. The Congress urges that all
other countries able to contribute join in a common undertaking
to meet the goals stated in this part.
---------------------------------------------------------------------------
\721\ Sec. 705(1)(B) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2317) struck out ``Communist or Communist-supported'' from this
point.
---------------------------------------------------------------------------
It is the sense of the Congress that in the administration
of this part priority shall be given to the needs of those
countries in danger of becoming victims of \722\ aggression or
in which the internal security is threatened by internal
subversion inspired or supported by hostile countries.
---------------------------------------------------------------------------
\722\ Sec. 705(1)(C) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2317) struck out ``active Communist or Communist-supported
aggression or those countries in which the internal security is
threatened by Communist-inspired or Communist-supported internal
subversion.'' and inserted in lieu thereof ``aggression or in which the
internal security is threatened by internal subversion inspired or
supported by hostile countries.''. This paragraph was added originally
by sec. 201(a)(2) of the FA Act of 1967 (Public Law 90-137).
---------------------------------------------------------------------------
Finally, the Congress reaffirms its full support of the
progress of the members of the North Atlantic Treaty
Organization toward increased cooperation in political,
military, and economic affairs. In particular, the Congress
welcomes the steps which have been taken to promote
multilateral programs of coordinated procurement, research,
development, and production of defense articles and urges that
such programs be expanded to the fullest extent possible to
further the defense of the North Atlantic area.
Sec. 502.\723\ Utilization of Defense Articles and
Services.--Defense articles and defense services \724\ to any
country shall be furnished solely for internal security
(including for antiterrorism and nonproliferation
purposes),\725\ for legitimate self-defense, to permit the
recipient country to participate in regional or collective
arrangements or measures consistent with the Charter of the
United Nations, or otherwise to permit the recipient country to
participate in collective measures requested by the United
Nations for the purpose of maintaining or restoring
international peace and security,\726\ or for the purpose of
assisting foreign military forces in less developed friendly
countries (or the voluntary efforts of personnel of the Armed
Forces of the United States in such countries) to construct
public works and to engage in other activities helpful to the
economic and social development of such friendly countries. It
is the sense of the Congress that such foreign military forces
should not be maintained or established solely for civic action
activities and that such civic action activities not
significantly detract from the capability of the military
forces to perform their military missions and be coordinated
with and form part of the total economic and social development
effort.
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\723\ 22 U.S.C. 2302. Former subsec. (a) of sec. 505 was
redesignated sec. 502 by sec. 201(d)(1) of the FA Act of 1967 (Public
Law 90-137).
\724\ The words to this point were substituted for ``Utilization of
Assistance.--(a) Military assistance'' by sec. 201(d)(2) of the FA Act
of 1967 (Public Law 90-137).
\725\ Sec. 701 of the Security Assistance Act of 2000 (Public Law
106-280; 114 Stat. 861) inserted ``(including for antiterrorism and
nonproliferation purposes)'' after ``internal security''.
\726\ Sec. 201(c)(1) of the FA Act of 1965 (Public Law 89-171)
struck out a colon and added the remainder of this section from this
point.
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Sec. 502A.\727\ * * * [Repealed--1996]
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\727\ Formerly at 22 U.S.C. 2302. Sec. 104(b)(2)(A) of Public Law
104-164 (110 Stat. 1426) repealed sec. 502A. Originally added by sec.
12(a) of the FA Act of 1973, the section had read as follows:
``Sec. 502A. Excess Defense Articles.--Excess defense articles
shall be provided whenever possible rather than providing such articles
by the procurement of new items.''.
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Sec. 502B.\728\ Human Rights.--(a)(1) \729\ The United
States shall, in accordance with its international obligations
as set forth in the Charter of the United Nations and in
keeping with the constitutional heritage and traditions of the
United States, promote and encourage increased respect for
human rights and fundamental freedoms throughout the world
without distinction as to race, sex, language, or religion.
Accordingly, a principal goal of the foreign policy of the
United States shall be to promote the increased observance of
internationally recognized human rights by all countries.
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\728\ 22 U.S.C. 2304. Sec. 502B, which was added by sec. 46 of the
FA Act of 1974 (Public Law 93-559), was amended by sec. 301(a) of the
International Security Assistance and Arms Export Control Act of 1976
(Public Law 94-329; 90 Stat. 748), and by the Export Administration
Amendments Act of 1985 (Public Law 99-64; 99 Stat. 156.) It formerly
read as follows:
``Sec. 502B. Human Rights.--It is the sense of Congress that except
in extraordinary circumstances, the President shall substantially
reduce or terminate security assistance to any government which engages
in a consistent pattern of gross violations of internationally
recognized human rights, including torture or cruel, inhuman or
degrading treatment or punishment; prolonged detention without charges;
or other flagrant denials of the right to life, liberty, and the
security of the person.
``(b) Whenever proposing or furnishing security assistance to any
government falling within the provisions of paragraph (a), the
President shall advise the Congress of the extraordinary circumstances
necessitating the assistance.
``(c) In determining whether or not a government falls within the
provisions of subsection (a), consideration shall be given to the
extent of cooperation by such government in permitting an unimpeded
investigation of alleged violations of internationally recognized human
rights by appropriate international organizations, including the
International Committee of the Red Cross and anybody acting under the
authority of the United Nations or of the Organization of American
States.
``(d) For purposes of this section, `security assistance' means
assistance under chapter 2 (military assistance) or chapter 4 (security
supporting assistance) of this part, assistance under part V (Indochina
Postwar Reconstruction) or part VI (Middle East Peace) of this Act,
sales under the Foreign Military Sales Act, or assistance for public
safety under this or any other Act.''.
\729\ Sec. 6(a) of the International Security Assistance Act of
1978 (Public Law 95-384; 92 Stat. 731) amended and restated para. (1).
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(2) \730\ Except under circumstances specified in this
section, no security assistance may be provided to any country
the government of which engages in a consistent pattern of
gross violations of internationally recognized human rights.
Security assistance may not be provided to the police, domestic
intelligence, or similar law enforcement forces of a country,
and licenses may not be issued under the Export Administration
Act of 1979 \731\ for the export of crime control and detection
instruments and equipment to a country, the government of which
engages in a consistent pattern of gross violations of
internationally recognized human rights unless the President
certifies in writing to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign
Relations of the Senate and the chairman of the Committee on
Banking, Housing, and Urban Affairs of the Senate (when
licenses are to be issued pursuant to the Export Administration
Act of 1979), that extraordinary circumstances exist warranting
provision of such assistance and issuance of such licenses.
Assistance may not be provided under chapter 5 of this part to
a country the government of which engages in a consistent
pattern of gross violations of internationally recognized human
rights unless the President certifies in writing to the Speaker
of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate that extraordinary
circumstances exist warranting provision of such
assistance.\732\
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\730\ Sec. 6(b) of the International Security Assistance Act of
1978 (Public Law 95-384; 92 Stat. 731) struck out ``It is further the
policy of the United States that,'' at this point.
\731\ Sec. 704 of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3157) struck out
``Export Administration Act of 1969'' and inserted in lieu thereof
``Export Administration Act of 1979''.
\732\ Sec. 6 of the International Security Assistance Act of 1978
(Public Law 95-384; 92 Stat. 731, 732) added the final two sentences.
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(3) In furtherance of paragraphs (1) and (2),\733\ the
President is directed to formulate and conduct international
security assistance programs of the United States in a manner
which will promote and advance human rights and avoid
identification of the United States, through such programs,
with governments which deny to their people internationally
recognized human rights and fundamental freedoms, in violation
of international law or in contravention of the policy of the
United States as expressed in this section or otherwise.
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\733\ Sec. 6(e) of the International Security Assistance Act of
1978 (Public Law 95-384; 92 Stat. 732) struck out ``the foregoing
policy'' and inserted in lieu thereof ``paragraphs (1) and (2),''.
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(4) \734\ In determining whether the government of a
country engages in a consistent pattern of gross violations of
internationally recognized human rights, the President shall
give particular consideration to whether the government--
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\734\ Sec. 421(b) of the International Religious Freedom Act of
1998 (Public Law 105-292; 112 Stat. 2810) added para. (4).
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(A) has engaged in or tolerated particularly severe
violations of religious freedom, as defined in section
3 of the International Religious Freedom Act of 1998;
or
(B) has failed to undertake serious and sustained
efforts to combat particularly severe violations of
religious freedom when such efforts could have been
reasonably undertaken.
(b) The Secretary of State shall transmit to the Congress,
as part of the presentation materials for security assistance
programs proposed for each fiscal year, a full and complete
report, prepared with the assistance of the Assistant Secretary
of State for Democracy, Human Rights, and Labor \735\ and with
the assistance of the Ambassador at Large for International
Religious Freedom,\736\ with respect to practices regarding the
observance of and respect for internationally recognized human
rights in each country proposed as a recipient of security
assistance. Wherever applicable, such report shall include
consolidated information regarding the commission of war
crimes, crimes against humanity, and evidence of acts that may
constitute genocide (as defined in article 2 of the Convention
on the Prevention and Punishment of the Crime of Genocide and
modified by the United States instrument of ratification to
that convention and section 2(a) of the Genocide Convention
Implementation Act of 1987).\737\ Wherever applicable, such
report shall include information on practices regarding
coercion in population control, including coerced abortion and
involuntary sterilization.\738\ Such report shall also include,
wherever applicable, information on violations of religious
freedom, including particularly severe violations of religious
freedom (as defined in section 3 of the International Religious
Freedom Act of 1998).\739\ Wherever applicable, a description
of the nature and extent of acts of anti-Semitism and anti-
Semitic incitement that occur, including the descriptions of
such acts required under section 116(d)(8).\740\ Such report
shall also include, for each country with respect to which the
report indicates that extrajudicial killings, torture, or other
serious violations of human rights have occurred in the
country, the extent to which the United States has taken or
will take action to encourage an end to such practices in the
country.\741\ Each report under this section shall describe the
extent to which each country has extended protection to
refugees, including the provision of first asylum and
resettlement.\742\ Each report under this section shall also
include (i) wherever applicable, a description of the nature
and extent of the compulsory recruitment and conscription of
individuals under the age of 18 by armed forces of the
government of the country, government-supported paramilitaries,
or other armed groups, the participation of such individuals in
such groups, and the nature and extent that such individuals
take a direct part in hostilities, (ii) what steps, if any,
taken by the government of the country to eliminate such
practices, and (iii) such other information related to the use
by such government of individuals under the age of 18 as
soldiers, as determined to be appropriate by the Secretary of
State.\743\ Each report under this section shall list the votes
of each member of the United Nations Commission on Human Rights
on all country-specific and thematic resolutions voted on at
the Commission's annual session during the period covered
during the preceding year.\744\ In determining whether a
government falls within the provisions of subsection (a)(3) and
in the preparation of any report or statement required under
this section, consideration shall be given to--
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\735\ Sec. 162(e)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), struck
out ``Human Rights and Humanitarian Affairs'' and inserted in lieu
thereof ``Democracy, Human Rights, and Labor''. Previously, sec.
109(a)(3) of the Foreign Relations Authorization Act, Fiscal Year 1978
(Public Law 95-105; 91 Stat. 846) changed the title designation from
``Coordinator for Human Rights and Humanitarian Affairs'' to
``Assistant Secretary of State for Human Rights and Humanitarian
Affairs''.
\736\ Sec. 102(d)(2)(A) of the International Religious Freedom Act
of 1998 (Public Law 105-292; 112 Stat. 2795) inserted ``and with the
assistance of the Ambassador at Large for International Religious
Freedom'' after ``Labor''.
\737\ Sec. 806(b) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
113 Stat. 1536), added the sentence beginning ``Wherever applicable''
referring to war crimes and crimes of genocide.
\738\ Sec. 127 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1331) added the
sentence beginning ``Wherever applicable'' referring to coercive
population control.
\739\ Sec. 102(d)(2)(B) of the International Religious Freedom Act
of 1998 (Public Law 105-292; 112 Stat. 2795) added the sentence that
begins ``Such report shall also include''.
\740\ Sec. 6(a)(2) of the Global Anti-Semitism Review Act of 2004
(Public Law 108-332; 118 Stat. 1285) added the sentence that refers to
sec. 116(d)(8).
\741\ Sec. 665(b) of the Freedom Investment Act of 2002 (subtitle E
of title VI of the Foreign Relations Authorization Act, Fiscal Year
2002; Public Law 107-228; 116 Stat. 1407) added this sentence. Sec.
665(c) of that Act further provided the following:
``(c) Separate Report.--The information to be included in the
report required by sections 116(d) and 502B(b) of the Foreign
Assistance Act of 1961 pursuant to the amendments made by subsections
(a) and (b) may be submitted by the Secretary as a separate report. If
the Secretary elects to submit such information as a separate report,
such report shall be submitted not later than 30 days after the date of
submission of the report required by section 116(d) and 502B(b) of the
Foreign Assistance Act of 1961.''.
\742\ Sec. 252 of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
113 Stat. 1536), added the sentence relating to the protection of
refugees.
\743\ Sec. 683(b) of the Freedom Investment Act of 2002 (subtitle E
of title VI of the Foreign Relations Authorization Act, Fiscal Year
2002; Public Law 107-228; 116 Stat. 1411) added the report requirement
relating to compulsory recruitment and conscription of individuals
under the age of 18.
\744\ Sec. 201(b) of Public Law 104-319 (110 Stat. 3864) added this
sentence.
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(1) the relevant findings of appropriate
international organizations, including nongovernmental
organizations, such as the International Committee of
the Red Cross; and
(2) the extent of cooperation by such government in
permitting an unimpeded investigation by any such
organization of alleged violations of internationally
recognized human rights.
(c)(1) Upon the request of the Senate or the House of
Representatives by resolution of either such House, or upon the
request of the Committee on Foreign Relations of the Senate or
the Committee on Foreign Affairs \745\ of the House of
Representatives, the Secretary of State shall, within thirty
days after receipt of such request, transmit to both such
committees a statement, prepared with the assistance of the
Assistant Secretary of State for Democracy, Human Rights, and
Labor,\735\ with respect to the country designated in such
request, setting forth--
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\745\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives. Previously,
sec. 9(a)(6) of the U.S.C. Technical Amendments (Public Law 103-437;
108 Stat. 4588) struck out ``International Relations'' and inserted in
lieu thereof ``Foreign Affairs''.
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(A) all the available information about observance of
and respect for human rights and fundamental freedom in
that country, and a detailed description of practices
by the recipient government with respect thereto;
(B) the steps the United States has taken to--
(i) promote respect for and observance of
human rights in that country and discourage any
practices which are inimical to internationally
recognized human rights, and
(ii) publicly or privately call attention to,
and disassociate the United States and any
security assistance provided for such country
from, such practices;
(C) whether, in the opinion of the Secretary of
State, notwithstanding any such practices--
(i) extraordinary circumstances exist which
necessitate a continuation of security
assistance for such country, and, if so, a
description of such circumstances and the
extent to which such assistance should be
continued (subject to such conditions as
Congress may impose under this section), and
(ii) on all the facts it is in the national
interest of the United States to provide such
assistance; and
(D) such other information as such committee or such
House may request.
(2)(A) A resolution of request under paragraph (1) of this
subsection shall be considered in the Senate in accordance with
the provisions of section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976.
(B) The term ``certification'', as used in section 601 of
such Act, means, for the purposes of this subsection, a
resolution of request of the Senate under paragraph (1) of this
subsection.
(3) In the event a statement with respect to a country is
requested pursuant to paragraph (1) of this subsection but is
not transmitted in accordance therewith within thirty days
after receipt of such request, no security assistance shall be
delivered to such country except as may thereafter be
specifically authorized by law from such country unless and
until such statement is transmitted.
(4)(A) In the event a statement with respect to a country
is transmitted under paragraph (1) of this subsection, the
Congress may at any time thereafter adopt a joint resolution
terminating, restricting, or continuing security assistance for
such country. In the event such a joint resolution is adopted,
such assistance shall be so terminated, so restricted, or so
continued, as the case may be.
(B) Any such resolution shall be considered in the Senate
in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act
of 1976.
(C) The term ``certification'', as used in section 601 of
such Act, means, for the purposes of this paragraph, a
statement transmitted under paragraph (1) of this subsection.
(d) For the purposes of this section--
(1) the term ``gross violations of internationally
recognized human rights'' includes torture or cruel,
inhuman, or degrading treatment or punishment,
prolonged detention without charges and trial, causing
the disappearance of persons by the abduction and
clandestine detention of those persons,\746\ and other
flagrant denial of the right to life, liberty, or the
security of person; and
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\746\ Sec. 701(b) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3156) inserted
``causing the disappearance of persons by the abduction and clandestine
detention of those persons,''.
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(2) the term ``security assistance'' means--
(A) assistance under chapter 2 (military
assistance) or chapter 4 (economic support
fund) \747\ or chapter 5 (military education
and training) or chapter 6 (peacekeeping
operations) or chapter 8 (antiterrorism
assistance) of this part; \748\
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\747\ Sec. 10(b)(1) of the International Security Assistance Act of
1978 (Public Law 95-384; 92 Stat. 735) struck out ``security supporting
assistance'' and inserted in lieu thereof ``economic support fund''.
\748\ Sec. 12(b) of the International Security Assistance Act of
1978 (Public Law 95-384; 92 Stat. 737) added ``or chapter 6
(peacekeeping operations)'' and struck out ``or part VI (assistance to
the Middle East) of this Act'' which had previously been the final
phrase of this paragraph.
The International Security and Development Assistance
Authorizations Act of 1983 (sec. 101(b)(2) of the Further Continuing
Appropriations Act, 1984; Public Law 98-151) added the words ``or
chapter 8 (antiterrorism assistance)''. Pursuant to Public Law 98-151,
this amendment was enacted as stated in title II of H.R. 2992, as
reported by the House Committee on Foreign Affairs on May 17, 1983.
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(B) sales of defense articles or services,
extensions of credits (including participations
in credits,\749\ and guaranties of loans under
the Arms Export Control Act; or
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\749\ As enrolled, without a close parenthesis.
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(C) any license in effect with respect to the
export of defense articles or defense services
to or for the armed forces, police,
intelligence, or other internal security forces
of a foreign country under section 38 of the
Arms Export Control Act.
(e) \750\ Notwithstanding any other provision of law, funds
authorized to be appropriated under part I of this Act may be
made available for the furnishing of assistance to any country
with respect to which the President finds that such a
significant improvement in its human rights record has occurred
as to warrant lifting the prohibition on furnishing such
assistance in the national interest of the United States.
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\750\ Sec. 511 of the International Development Cooperation Act of
1979 (Public Law 96-53; 93 Stat. 380) added subsec. (e).
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(f) \751\ In allocating the funds authorized to be
appropriated by this Act and the Arms Export Control Act, the
President shall take into account significant improvements in
the human rights records of recipient countries, except that
such allocations may not contravene any other provision of law.
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\751\ Sec. 4 of the International Security Assistance Act of 1979
(Public Law 96-92; 93 Stat. 702) added subsec. (f).
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(g) \752\ Whenever the provisions of subsection (e) or (f)
of this section are applied, the President shall report to the
Congress before making any funds available pursuant to those
subsections. The report shall specify the country involved, the
amount and kinds of assistance to be provided, and the
justification for providing the assistance, including a
description of the significant improvements which have occurred
in the country's human rights record.
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\752\ Sec. 1201 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 276) added subsec.
(g).
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(h) \753\ (1) The report required by subsection (b) shall
include the following:
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\753\ Sec. 104(b) of the Trafficking Victims Protection Act of 2000
(division A of Public Law 106-386; 114 Stat. 1472) added subsec. (h).
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(A) A description of the nature and extent of severe
forms of trafficking in persons, as defined in section
103 of the Trafficking Victims Protection Act of 2000,
in each foreign country.
(B) With respect to each country that is a country of
origin, transit, or destination for victims of severe
forms of trafficking in persons, an assessment of the
efforts by the government of that country to combat
such trafficking. The assessment shall address the
following:
(i) Whether government authorities in that
country participate in, facilitate, or condone
such trafficking.
(ii) Which government authorities in that
country are involved in activities to combat
such trafficking.
(iii) What steps the government of that
country has taken to prohibit government
officials from participating in, facilitating,
or condoning such trafficking, including the
investigation, prosecution, and conviction of
such officials.
(iv) What steps the government of that
country has taken to prohibit other individuals
from participating in such trafficking,
including the investigation, prosecution, and
conviction of individuals involved in severe
forms of trafficking in persons, the criminal
and civil penalties for such trafficking, and
the efficacy of those penalties in eliminating
or reducing such trafficking.
(v) What steps the government of that country
has taken to assist victims of such
trafficking, including efforts to prevent
victims from being further victimized by
traffickers, government officials, or others,
grants of relief from deportation, and
provision of humanitarian relief, including
provision of mental and physical health care
and shelter.
(vi) Whether the government of that country
is cooperating with governments of other
countries to extradite traffickers when
requested, or, to the extent that such
cooperation would be inconsistent with the laws
of such country or with extradition treaties to
which such country is a party, whether the
government of that country is taking all
appropriate measures to modify or replace such
laws and treaties so as to permit such
cooperation.
(vii) Whether the government of that country
is assisting in international investigations of
transnational trafficking networks and in other
cooperative efforts to combat severe forms of
trafficking in persons.
(viii) Whether the government of that country
refrains from prosecuting victims of severe
forms of trafficking in persons due to such
victims having been trafficked, and refrains
from other discriminatory treatment of such
victims.
(ix) Whether the government of that country
recognizes the rights of victims of severe
forms of trafficking in persons and ensures
their access to justice.
(C) Such other information relating to trafficking in
persons as the Secretary of State considers
appropriate.
(2) In compiling data and making assessments for the
purposes of paragraph (1), United States diplomatic mission
personnel shall consult with human rights organizations and
other appropriate nongovernmental organizations.
Chapter 2--Military Assistance
Sec. 503.\754\ General Authority.--(a) The President is
authorized to furnish military assistance, on such terms and
conditions as he may determine,\755\ to any friendly country or
international organization, the assisting of which the
President finds will strengthen the security of the United
States and promote world peace and which is otherwise eligible
to receive such assistance, by--
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\754\ 22 U.S.C. 2311. Sec. 12(b)(1) of the FA Act of 1973 (Public
Law 93-189) amended and restated sec. 503, which formerly read as
follows:
``Sec. 503. General Authority.--The President is authorized to
furnish military assistance on such terms and conditions as he may
determine, to any friendly country or international organization, the
assisting of which the President finds will strengthen the security of
the United States and promote world peace and which is otherwise
eligible to receive such assistance by--
``(a) acquiring from any source and providing (by loan or grant)
any defense article or defense service;
``(b) making financial contributions to multilateral programs for
the acquisition or construction of facilities for collective defense;
``(c) providing financial assistance for expenses incident to
participation by the United States Government in regional or collective
defense organizations;
``(d) assigning or detailing members of the Armed Forces of the
United States and other personnel of the Department of Defense to
perform duties of a noncombatant nature, including those related to
training or advice.''.
\755\ In 2008, the President determined ``that the furnishing of
defense articles and defense services to Kosovo will strengthen the
security of the United States and promote world peace'' (Presidential
Determination No. 2008-15 of March 19, 2008; 73 F.R. 17241).
In 2007, the President made similar determinations for the Republic
of Montenegro and the Republic of Serbia (Presidential Determination
No. 2007-15 of March 19, 2007; 72 F.R. 15009).
In 2006, the President made similar determinations for Swaziland
(Presidential Determination No. 2006-16 of June 19, 2006; 71 F.R.
36439; 71 F.R. 36479), and Vietnam (Presidential Determination No.
2007-10 of December 29, 2006; 72 F.R. 1903).
No determinations related to this section were published in 2005.
In 2004, the President made similar determinations related to
furnishing defense articles and services to the Regional Security
System (RSS) (Presidential Determination No. 2004-20 of January 5,
2004; 69 F.R. 2477), Iraq (Presidential Determination No. 2004-40 of
July 21, 2004; 69 F.R. 46399); and the African Union (Presidential
Determination No. 2004-50 of September 24, 2004; 69 F.R. 58789).
In 2003, the President made a similar determination for Serbia and
Montenegro (Presidential Determination No. 2003-22 of May 6, 2003; 68
F.R. 25809).
In 2002, the President made similar determinations for Palau,
Kiribati, and Tuvalu (Presidential Determination No. 2002-09 of March
12, 2002; 67 F.R. 13245); Armenia, Azerbaijan, and Tajikistan
(Presidential Determination No. 2002-15 of April 18, 2002; 67 F.R.
20429); and East Timor (Presidential Determination No. 02-19 of May 27,
2002; 67 F.R. 39245).
In 2000, the President made a similar determination for the
Economic Community of Western African States (Presidential
Determination No. 2000-13 of February 16, 2000; 65 F.R. 10069).
In 1999, the President made similar determinations for Croatia
(Presidential Determination No. 99-21 of April 8, 1999); and the
Organization for Security and Cooperation in Europe (Presidential
Determination No. 99-31 of June 30, 1999; 64 F.R. 37033).
In 1997, the President made similar determinations for Georgia,
Kazakstan, Kyrgyzstan, Moldova, Turkmenistan, Russia, Ukraine, and
Uzbekistan (Presidential Determination No. 97-19 of March 11, 1997; 62
F.R. 13531).
In 1995 and 1996, the President made similar determinations for
Angola (Presidential Determination No. 95-32 of July 28, 1995; 60 F.R.
40255), Mongolia (Presidential Determination No. 95-38 of August 22,
1995; 60 F.R. 50069), Bosnia and Herzegovina (Presidential
Determination No. 96-10 of February 23, 1996; 61 F.R. 8463), Slovenia,
and the Former Yugoslav Republic of Macedonia (Presidential
Determination No. 96-18 of March 8, 1996; 61 F.R. 11497).
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(1) acquiring from any source and providing (by loan
or grant) any defense article or defense service;
(2) assigning or detailing members of the Armed
Forces of the United States and other personnel of the
Department of Defense to perform duties of a non-
combatant nature; or
(3) \756\ transferring such of the funds appropriated
or otherwise made available under this chapter as the
President may determine for assistance to a recipient
country,\757\ to the account in which funds for the
procurement of defense articles and defense services
under section 21 and section 22 of the Arms Export
Control Act have been deposited for such recipient, to
be merged with such deposited funds, and to be used
solely to meet obligations of the recipient for payment
for sales under that Act. Sales which are wholly paid
from funds transferred under paragraph (3) or from
funds made available on a non-repayable basis under
section 23 of the Arms Export Control Act \758\ shall
be priced to exclude the costs of salaries of members
of the Armed Forces of the United States (other than
the Coast Guard).\758\
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\756\ Sec. 112(a) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3138) added para.
(3).
Title III of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1988 (sec. 101(e) of the Continuing
Appropriations for 1988, Public Law 100-202; 101 Stat. 1329-131),
stipulated: ``That, after September 30, 1989, none of the funds
appropriated under this heading shall be made available for the
purposes of section 503(a)(3) of the Foreign Assistance Act of 1961''.
This proviso was subsequently repealed by title III of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1989 (Public Law 100-461; 102 Stat. 2268).
\757\ Sec. 110(c) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1536) struck out
``specified in section 504(a)(1) of this Act, within the dollar
limitations of that section'' and inserted in lieu thereof ``country''.
\758\ Sec. 123(a) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 205) added this
sentence. The language ``or from funds * * * Act'' and ``(other than
the Coast Guard)'' was added by Sec. 586(a) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1989 (Public
Law 100-461; 102 Stat. 2268), to become effective on October 1, 1989.
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(b) In addition to such other terms and conditions as the
President may determine pursuant to subsection (a), defense
articles may be loaned thereunder only if--
(1) there is a bona fide reason, other than the
shortage of funds, for providing such articles on a
loan basis rather than on a grant basis;
(2) there is a reasonable expectation that such
articles will be returned to the agency making the loan
at the end of the loan period unless the loan is then
renewed;
(3) the loan period is of fixed duration not
exceeding five years, during which such article may be
recalled for any reason by the United States;
(4) the agency making the loan is reimbursed for the
loan based on the amount charged to the appropriation
for military assistance under subsection (c); and
(5) \759\ the loan agreement provides that (A) if the
defense article is damaged while on loan, the country
or international organization to which it was loaned
will reimburse the United States for the cost of
restoring or replacing the defense article, and (B) if
the defense article is lost or destroyed while on loan,
the country or international organization to which it
was loaned will pay to the United States an amount
equal to the replacement cost (less any depreciation in
the value) of the defense article.
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\759\ Sec. 109(c) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1536) amended and
restated para. (5). It formerly read as follows:
``(5) arrangements are made with the agency making the loan to be
reimbursed in the event such article is lost or destroyed while on
loan, such reimbursement being made first out of any funds available to
carry out this chapter and based on the depreciated value of the
article at the time of loss or destruction.''.
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(c)(1) In the case of any loan of a defense article or
defense service made under this section, there shall be a
charge to the appropriation for military assistance for any
fiscal year while the article or service is on loan in an
amount based on--
(A) the out-of-pocket expenses authorized to be
incurred in connection with such loan during such
fiscal year; and
(B) the depreciation which occurs during such year
while such article is on loan.
(2) The provisions of this subsection shall not apply--
(A) to any particular defense article or defense
service which the United States Government agreed,
prior to the date of enactment of this subsection, to
lend; and
(B) to any defense article or defense service, or
portion thereof, acquired with funds appropriated for
military assistance under this Act.
Sec. 504.\760\ Authorization.--(a) \761\ (1) There are
authorized to be appropriated to the President to carry out the
purposes of this chapter $805,100,000 for the fiscal year 1986
and $805,100,000 for the fiscal year 1987.
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\760\ 22 U.S.C. 2312.
\761\ Sec. 103 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 195) amended and
restated subsec. (a).
Authorizations under sec. 504 in recent years included the
following: fiscal year 1977--$235,000,000; fiscal year 1978--
$228,900,000; fiscal year 1979--$133,500,000; fiscal year 1980--
$110,200,000; fiscal year 1981--$106,100,000; fiscal year 1982--
$238,500,000; fiscal year 1983--$238,500,000; fiscal year 1984--
$639,700,000; fiscal year 1985--no authorization; fiscal years 1988
through 2009--no authorization.
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(2) Amounts appropriated under this subsection are
authorized to remain available until expended.
(b) In order to make sure that a dollar spent on military
assistance to foreign countries is as necessary as a dollar
spent for the United States military establishment, the
President shall establish procedures for programing and
budgeting so that programs of military assistance come into
direct competition for financial support with other activities
and programs of the Department of Defense.
Sec. 505.\762\ Conditions of Eligibility.--(a) In addition
to such other provisions as the President may require, no
defense articles or related training or other defense service
\763\ shall be furnished to any country on a grant basis unless
it shall have agreed that--
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\762\ 22 U.S.C. 2314. Former sec. 506 was redesignated sec. 505 by
sec. 201(e) of the FA Act of 1967 (Public Law 90-137).
\763\ Sec. 203(b) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 735) added ``or
related training or other defense service''.
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(1) it will not, without the consent of the
President--
(A) permit any use of such articles or
related training or other defense service \763\
by anyone not an officer, employee, or agent of
that country,
(B) transfer, or permit any officer,
employee, or agent of that country to transfer
such articles or related training or other
defense service \763\ by gift, sale, or
otherwise, or
(C) use or permit the use of such articles or
related training or other defense service \763\
for purposes other than those for which
furnished;
(2) it will maintain the security of such articles or
related training or other defense service,\763\ and
will provide substantially the same degree of security
protection afforded to such articles or related
training or other defense service \763\ by the United
States Government;
(3) it will, as the President may require, permit
continuous observation and review by, and furnish
necessary information to, representatives of the United
States Government with regard to the use of such
articles or related training or other defense service;
\763\ and
(4) unless the President consents to other
disposition, it will return to the United States
Government for such use or disposition as the President
considers in the best interests of the United States,
such articles or related training or other defense
service \763\ which are no longer needed for the
purposes for which furnished.
(b) No defense articles shall be furnished on a grant basis
to any country at a cost in excess of $3,000,000 in any fiscal
year unless the President determines--
(1) that such country conforms to the purposes and
principles of the Charter of the United Nations;
(2) that such defense articles will be utilized by
such country for the maintenance of its own defensive
strength, or \764\ the defensive strength of the free
world;
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\764\ Sec. 201(b) of the FA Act of 1971 (Public Law 92-226) struck
out ``and'' and inserted in lieu thereof ``or''.
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(3) that such country is taking all reasonable
measures, consistent with its political and economic
stability, which may be needed to develop its defense
capacities; and
(4) that the increased ability of such country to
defend itself is important to the security of the
United States.
(c) \765\ The President shall regularly reduce and, with
such deliberate speed as orderly procedure and other relevant
considerations, including prior commitments, will permit, shall
terminate all further grants of military equipment and supplies
to any country having sufficient wealth to enable it, in the
judgment of the President, to maintain and equip its own
military forces at adequate strength, without undue burden to
its economy.
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\765\ Sec. 201(a) of the FA Act of 1962 (Public Law 87-565) added
subsecs. (c) and (d).
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(d) \765\, \766\ (1) Assistance and deliveries
of assistance under this chapter to any country shall be
terminated as hereinafter provided, if such country uses
defense articles or defense services furnished under this Act,
the Mutual Security Act of 1954,\767\ or any predecessor
Foreign Assistance Act, in substantial violation (either in
terms of quantities or in terms of the gravity of the
consequences regardless of the quantities involved) of any
agreement entered into pursuant to any such Act (A) by using
such articles or services for a purpose not authorized under
section 502 or, if such agreement provides that such articles
or services may only be used for purposes more limited than
those authorized under section 502, for a purpose not
authorized under such agreement; (B) by transferring such
articles or services to, or permitting any use of such articles
or services by, anyone not an officer, employee, or agent of
the recipient country without the consent of the President; or
(C) by failing to maintain the security of such articles or
services.
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\766\ Sec. 304(a) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 751) amended
and restated subsec. (d), which formerly read as follows:
``(d) Any country which hereafter uses defense articles or defense
services furnished such country under this Act, the Mutual Security Act
of 1954, as amended, or any predecessor foreign assistance Act, in
substantial violation of the provisions of this chapter or any
agreements entered into pursuant to any of such Acts shall be
immediately ineligible for further assistance.''.
\767\ For text, see Legislation on Foreign Relations Through 2008,
vol. I-B.
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(2)(A) Assistance and deliveries of assistance shall be
terminated pursuant to paragraph (1) of this subsection if the
President so determines and so states in writing to the
Congress, or if the Congress so finds by joint resolution.
(B) The President shall report to the Congress promptly
upon the receipt of information that a violation described in
paragraph (1) of this subsection may have occurred.
(3) Assistance to a country shall remain terminated in
accordance with paragraph (1) of this subsection until such
time as--
(A) the President determines that the violation has
ceased; and
(B) the country concerned has given assurances
satisfactory to the President that such violation will
not recur.
(4) The authority contained in section 614(a) of this Act
may not be used to waive the provisions of this section with
respect to further assistance under this chapter.
(e) \768\ In considering a request for approval of any
transfer of any weapon, weapons system, munitions, aircraft,
military boat, military vessel, or other implement of war to
another country, the President shall not give his consent under
subsection (a)(1) or (a)(4) to the transfer unless the United
States itself would transfer the defense article under
consideration to that country.\769\ In addition, the President
shall not give his consent under subsection (a)(1) or (a)(4) to
the transfer of any significant defense articles on the United
States Munitions List unless the foreign country requesting
consent to transfer agrees to demilitarize such defense
articles prior to transfer, or the proposed recipient foreign
country provides a commitment in writing to the United States
Government that it will not transfer such defense articles if
not demilitarized, to any other foreign country or person
without first obtaining the consent of the President.
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\768\ The Foreign Assistance Act of 1971 (Public Law 92-226)
repealed a former subsec. (e), relating to conditions of eligibility.
New subsecs. (e) and (f) were added by sec. 12(3) of the FA Act of 1973
(Public Law 93-189).
\769\ Sec. 204(b)(2) of the International Security Assistance and
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 735)
amended sec. 505(e) by striking out the following words after
``country'': ``, and prior to the date he intends to give his consent
to the transfer, the President notifies the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate in
writing of each intended consent, the justification for giving such
consent, the defense article for which he intends to give his consent
to be so transferred, and the foreign country to which that defense
article is to be transferred''.
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(f) \768\ Effective July 1, 1974, no defense article shall
be furnished to any country on a grant basis unless such
country shall have agreed that the net proceeds of sale
received by such country in disposing of any weapon, weapons
system, munition, aircraft, military boat, military vessel, or
other implement of war received under this chapter will be paid
to the United States Government and shall be available to pay
all official costs of the United States Government payable in
the currency of that country, including all costs relating to
the financing of international educational and cultural
exchange activities in which that country participates under
the programs authorized by the Mutual Educational and Cultural
Exchange Act of 1961.\770\ In the case of items which were
delivered prior to 1985,\771\ the President may waive the
requirement that such net proceeds be paid to the United States
Government if he determines that to do so is in the national
interest of the United States.\772\
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\770\ For text, see Legislation on Foreign Relations Through 2008,
vol. II-A.
\771\ Title III of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 1998), struck out ``1975'' and inserted in lieu thereof ``1985''.
\772\ Sec. 123(b) of the International Security Cooperation and
Development Act of 1985 (Public Law 99-83; 99 Stat. 205) added the last
sentence.
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(g) \773\ (1) It is the policy of the United States that no
assistance under this chapter should be furnished to any
foreign country, the laws, regulations, official policies, or
governmental practices of which prevent any United States
person (as defined in section 7701(a)(30) of the Internal
Revenue Code of 1954) \774\ from participating in the
furnishing of defense articles or defense services under this
chapter on the basis of race, religion, national origin, or
sex.
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\773\ Sec. 302(a) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 751) added
subsec. (g).
\774\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99514; 100
Stat. 2095) provided that ``The Internal Revenue Title enacted August
16, 1954, as heretofore, hereby, or hereafter amended, may be cited as
the `Internal Revenue Code of 1986' '' and ``Except when inappropriate,
any reference in any law, Executive order, or other document--(1) to
the Internal Revenue Code of 1954 shall include a reference to the
Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of
1986 shall include a reference to the provisions of law formerly known
as the Internal Revenue Code of 1954.''.
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(2)(A) No agency performing functions under this chapter
shall, in employing or assigning personnel to participate in
the performance of any such function, whether in the United
States or abroad, take into account the exclusionary policies
or practices of any foreign government where such policies or
practices are based upon race, religion, national origin, or
sex.
(B) Each contract entered into by any such agency for the
performance of any function under this chapter shall contain a
provision to the effect that no person, partnership,
corporation, or other entity performing functions pursuant to
such contract, shall, in employing or assigning personnel to
participate in the performance of any such function, whether in
the United States or abroad, take into account the exclusionary
policies or practices of any foreign government where such
policies or practices are based upon race, religion, national
origin, or sex.
(3) The President shall promptly transmit reports to the
Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate concerning any
transaction in which any United States person (as defined in
section 7701(a)(30) of the Internal Revenue Code of 1954) \774\
is prevented by a foreign government on the basis of race,
religion, national origin, or sex, from participating in the
furnishing of assistance under this chapter, or education and
training under chapter 5, to any foreign country. Such reports
shall include (A) a description of the facts and circumstances
of any such discrimination, (B) the response thereto on the
part of the United States or any agency or employee thereof,
and (C) the result of such response, if any.
(4)(A) Upon the request of the Committee on Foreign
Relations of the Senate or the Committee on Foreign Affairs
\775\ of the House of Representatives, the President shall,
within 60 days after receipt of such request, transmit to both
such committees a statement, prepared with the assistance of
the Assistant Secretary of State for Democracy, Human Rights,
and Labor,\776\ with respect to the country designated in such
request, setting forth--
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\775\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives. Previously,
sec. 9(a)(6) of the U.S.C. Technical Amendments (Public Law 103-437;
108 Stat. 4588) struck out ``International Relations'' and inserted in
lieu thereof ``Foreign Affairs''.
\776\ Sec. 162(e)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), struck
out ``Human Rights and Humanitarian Affairs'' and inserted in lieu
thereof ``Democracy, Human Rights, and Labor''. Previously, sec.
109(a)(4) of the Foreign Relations Authorization Act, Fiscal Year 1978
(Public Law 95-105; 91 Stat. 846) changed the title designation from
``Coordinator for Human Rights and Humanitarian Affairs'' to
``Assistant Secretary of State for Human Rights and Humanitarian
Affairs''.
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(i) all the available information about the
exclusionary policies or practices of the government of
such country when such policies or practices are based
upon race, religion, national origin, or sex, and
prevent any such person from participating in a
transaction involving the furnishing of any assistance
under this chapter or any education and training under
chapter 5;
(ii) the response of the United States thereto and
the results of such response;
(iii) whether, in the opinion of the President,
notwithstanding any such policies or practices--
(I) extraordinary circumstances exist which
necessitate a continuation of such assistance
or education and training transaction, and, if
so, a description of such circumstances and the
extent to which such assistance or education
and training transaction should be continued
(subject to such conditions as Congress may
impose under this section), and
(II) on all the facts it is in the national
interest of the United States to continue such
assistance or education and training
transaction; and
(iv) such other information as such committee may
request.
(B) In the event a statement with respect to an assistance
or training transaction is requested pursuant to subparagraph
(A) of this paragraph but is not transmitted in accordance
therewith within 60 days after receipt of such request, such
assistance or training transaction shall be suspended unless
and until such statement is transmitted.
(C)(i) In the event a statement with respect to an
assistance or training transaction is transmitted under
subparagraph (A) of this paragraph, the Congress may at any
time thereafter adopt a joint resolution terminating or
restricting such assistance or training transaction.
(ii) Any such resolution shall be considered in the Senate
in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act
of 1976.
(iii) The term ``certification'', as used in section 601 of
such Act, means, for the purposes of this paragraph, a
statement transmitted under subparagraph (A) of this paragraph.
Sec. 506.\777\ Special Authority.--(a)(1) \778\ If the
President determines and reports to the Congress in accordance
with section 652 of this Act that--
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\777\ 22 U.S.C. 2318. Former sec. 510 was redesignated sec. 506 by
sec. 201(j)(1) of the FA Act of 1967 (Public Law 90-137). Sec. 506, as
amended by sec. 102 of Public Law 94-329, was further amended and
restated by sec. 5(b) of the International Security Assistance Act of
1979 (Public Law 96-92; 93 Stat. 702).
\778\ Sec. 551 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
Stat. 1236), inserted the para. designation ``(1)'', redesignated
former para. (1) and (2) as subparas. (A) and (B), and inserted a new
``(2)(A)'' and ``(B)''.
On January 4, 2005, the President made a determination to draw down
$65 million in articles and services to provide international disaster
relief assistance to countries affected by the Asian tsunami--
Indonesia, Thailand, Sri Lanka, India, Maldives, Malaysia, Burma,
Kenya, Somalia, Tanzania, Bangladesh, and the Seychelles (Presidential
Determination No. 2005-16; 70 F.R. 1787).
Pursuant to sec. 506 of this Act and provisions of the Afghanistan
Freedom Support Act, on January 27, 2005, the President directed the
drawdown of up to $88.5 million of defense articles, defense services,
and military education and training for Afghanistan (Presidential
Determination No. 2005-19; 70 F.R. 6549). On February 7, 2006, the
President subsequently amended this to strike $88.5 million and instead
draw down $71.502 million, and further to provide up to $16.998 million
of defense articles, defense services, military education and training
for Afghanistan (Presidential Determination No. 2006-10; 71 F.R.
11137).
On June 15, 2005, the President directed a similar drawdown for up
to $161.5 million, also for Afghanistan (Presidential Determination No.
2005-25; 70 F.R. 36807).
On July 12, 2005, the President directed the drawdown of up to $10
million of articles, services, military education, and training for the
Philippines to provide anti-terrorism assistance (Presidential
Determination No. 2005-28; 70 F.R. 41929).
On December 30, 2005, the President made a determination to draw
down up to $30 million in defense articles and services for Pakistan
for international disaster assistance (Presidential Determination No.
2006-8; 71 F.R. 1471).
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(A) \778\ an unforeseen emergency exists which
requires immediate military assistance to a foreign
country or international organization; and
(B) \778\ the emergency requirement cannot be met
under the authority of the Arms Export Control Act or
any other law except this section;
he may direct, for the purposes of this part, the drawdown of
defense articles from the stocks of the Department of Defense,
defense services of the Department of Defense, and military
education and training, of an aggregate value of not to exceed
$100,000,000 in any fiscal year.\779\
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\779\ Sec. 112(d) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3139) increased
the aggregate value of this special authority from $10 million to $50
million. Sec. 110(b) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1526) subsequently
increased it from $50 million to $75 million; sec. 103(a) of Public Law
104-164 (110 Stat. 1423) increased it to $100 million from $75 million.
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(2)(A) \778\ If the President determines and reports
to the Congress in accordance with section 652 of this
Act that it is in the national interest of the United
States to draw down articles and services from the
inventory and resources of any agency of the United
States Government and military education and training
from the Department of Defense, the President may
direct the drawdown of such articles, services, and
military education and training--\780\
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\780\ Sec. 103(b) of Public Law 104-164 (110 Stat. 1423) amended
and restated the latter part of subpara. (A).
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(i) for the purposes and under the
authorities of--
(I) chapter 8 of part I (relating to
international narcotics control
assistance);
(II) chapter 9 of part I (relating to
international disaster assistance);
\781\
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\781\ Sec. 121(b) of the Security Assistance Act of 2000 (Public
Law 106-280; 114 Stat. 850) struck out ``or'' at the end of subclause
(II), struck out subclause (III), which had referred to the Migration
and Refugee Assistance Act of 1962 (restated in new subclause (V)), and
added new subclauses (III), (IV), and (V).
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(III) chapter 8 of part II (relating
to antiterrorism assistance);
(IV) chapter 9 of part II (relating
to nonproliferation assistance); or
(V) the Migration and Refugee
Assistance Act of 1962; or
(ii) for the purpose of providing such
articles, services, and military education and
training to Vietnam, Cambodia, and Laos as the
President determines are necessary--
(I) to support cooperative efforts to
locate and repatriate members of the
United States Armed Forces and
civilians employed directly or
indirectly by the United States
Government who remain unaccounted for
from the Vietnam War; and
(II) to ensure the safety of United
States Government personnel engaged in
such cooperative efforts and to support
Department of Defense-sponsored
humanitarian projects associated with
such efforts.
(B) An aggregate value of not to exceed \782\
$200,000,000 in any fiscal year of such articles,
services, and military education and training may be
provided pursuant to subparagraph (A) of this
paragraph--
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\782\ Sec. 103(b)(2) of Public Law 104-164 (110 Stat. 1424) struck
out ``$75,000,000 in any fiscal year of defense articles, defense
services, and military education and training may be provided pursuant
to subparagraph (A) of this paragraph.'' and inserted in lieu thereof
text from this point to the end of subpara. (B). Sec. 121(a) of the
Security Assistance Act of 2000 (Public Law 106-280; 114 Stat. 850)
subsequently struck out ``$150,000,000'' and inserted in lieu thereof
``$200,000,000''.
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(i) not more than $75,000,000 of which may be
provided from the drawdown from the inventory
and resources of the Department of Defense;
(ii) not more than $75,000,000 of which may
be provided pursuant to clause (i)(I) of such
subparagraph; and
(iii) not more than $15,000,000 of which may
be provided to Vietnam, Cambodia, and Laos
pursuant to clause (ii) of such subparagraph.
(b)(1) The authority contained in this section shall be
effective for any such emergency only upon prior notification
to the Committee on Foreign Affairs \775\ of the House of
Representatives, the Committee on Foreign Relations of the
Senate, and the Committee on Appropriations of each House of
Congress. In the case of drawdowns authorized by subclauses (I)
and (III) of subsection (a)(2)(A)(i), notifications shall be
provided to those committees at least 15 days in advance of the
drawdowns in accordance with the procedures applicable to
reprogramming notifications under section 634A.\783\
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\783\ Sec. 103(b)(3) of Public Law 104-164 (110 Stat. 1424) added
this sentence.
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(2) The President shall keep the Congress fully and
currently informed of all defense articles, defense services,
and military education and training provided under this
section, including providing the Congress with a report
detailing all defense articles, defense services, and military
education and training delivered to the recipient country or
international organization upon delivery of such articles or
upon completion of such services or education and training.
Such report shall also include whether any savings were
realized by utilizing commercial transport services rather than
acquiring those services from United States Government
transport assets.\784\
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\784\ Sec. 576(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
Stat. 2433), added ``, including providing the Congress with a report
detailing all defense articles, defense services, and military
education and training delivered to the recipient country or
international organization upon delivery of such articles or upon
completion of such services or education and training. Such report
shall also include whether any savings were realized by utilizing
commercial transport services rather than acquiring those services from
United States Government transport assets.''.
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(c) \785\ For the purposes of any provision of law that
authorizes the drawdown of defense or other articles or
commodities, or defense or other services from an agency of the
United States Government, such drawdown may include the supply
of commercial transportation and related services that are
acquired by contract for the purposes of the drawdown in
question if the cost to acquire such commercial transportation
and related services is less than the cost to the United States
Government of providing such services from existing agency
assets.
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\785\ Sec. 576 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
Stat. 2433), redesignated subsec. (c) as subsec. (d), and added a new
subsec. (c).
Title IV of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 855), provides the following:
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``foreign military financing program
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``For necessary expenses for grants to enable the President to
carry out the provisions of section 23 of the Arms Export Control Act,
$4,635,000,000: Provided, That of the funds appropriated under this
heading, not less than $2,380,000,000 shall be available for grants
only for Israel, and not less than $1,300,000,000 shall be made
available for grants only for Egypt, including for border security
programs and activities in the Sinai: Provided further, That the funds
appropriated by this paragraph for Israel shall be disbursed within 30
days of the enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for such
purposes, grants made available for Israel by this paragraph shall, as
agreed by the United States and Israel, be available for advanced
weapons systems, of which not less than $670,650,000 shall be available
for the procurement in Israel of defense articles and defense services,
including research and development: Provided further, That of the funds
appropriated by this paragraph, $235,000,000 shall be made available
for assistance for Jordan: Provided further, That of the funds
appropriated under this heading, not more than $53,000,000 shall be
available for Colombia, of which $12,500,000 is available to support
maritime interdiction: Provided further, That funds appropriated under
this heading for assistance for Pakistan may be made available only for
border security, counter-terrorism and law enforcement activities
directed against Al Qaeda, the Taliban and associated terrorist groups:
Provided further, That none of the funds made available under this
heading shall be made available to support or continue any program
initially funded under the authority of section 1206 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3456) unless the Secretary of State has previously justified such
program to the Committees on Appropriations: Provided further, That
funds appropriated or otherwise made available by this paragraph shall
be nonrepayable notwithstanding any requirement in section 23 of the
Arms Export Control Act: Provided further, That funds made available
under this paragraph shall be obligated upon apportionment in
accordance with paragraph (5)(C) of title 31, United States Code,
section 1501(a).
``None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That none of the funds
appropriated under this heading may be made available for assistance
for Nepal, Sri Lanka, Pakistan, Bangladesh, Philippines, Indonesia,
Bosnia and Herzegovina, Haiti, Guatemala, Ethiopia, and the Democratic
Republic of the Congo except pursuant to the regular notification
procedures of the Committees on Appropriations: Provided further, That
funds made available under this heading may be used, notwithstanding
any other provision of law, for demining, the clearance of unexploded
ordnance, and related activities, and may include activities
implemented through nongovernmental and international organizations:
Provided further, That only those countries for which assistance was
justified for the `Foreign Military Sales Financing Program' in the
fiscal year 1989 congressional presentation for security assistance
programs may utilize funds made available under this heading for
procurement of defense articles, defense services or design and
construction services that are not sold by the United States Government
under the Arms Export Control Act: Provided further, That funds
appropriated under this heading shall be expended at the minimum rate
necessary to make timely payment for defense articles and services:
Provided further, That not more than $51,420,000 of the funds
appropriated under this heading may be obligated for necessary
expenses, including the purchase of passenger motor vehicles for
replacement only for use outside of the United States, for the general
costs of administering military assistance and sales, except that this
limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations: Provided further, That
of the funds appropriated under this heading for general costs of
administering military assistance and sales, not to exceed $4,000 shall
be available for entertainment expenses and not to exceed $130,000
shall be available for representation allowances: Provided further,
That not more than $470,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal year 2009
pursuant to section 43(b) of the Arms Export Control Act, except that
this limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations: Provided further, That
funds appropriated under this heading estimated to be outlayed for
Egypt during fiscal year 2009 shall be transferred to an interest
bearing account for Egypt in the Federal Reserve Bank of New York
within 30 days of enactment of this Act.''.
Also in that Act, see sec. 7010--Reporting Requirement; sec. 7015--
Reprogramming Notification Requirements; sec. 7019--Allocations; sec.
7020--Prohibition of Payment of Certain Expenses; sec. 7024--Definition
of Program, Project, and Activity; sec. 7044--Lebanon; sec. 7045--
Western Hemisphere; sec. 7071--Asia; sec. 7087--Training and Equipment
Reports; and sec. 7091--Sri Lanka.
Title XI of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1894), provides the following:
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``INTERNATIONAL SECURITY ASSISTANCE
``FUNDS APPROPRIATED TO THE PRESIDENT
* * * * * * *
``Foreign Military Financing Program
---------------------------------------------------------------------------
``For an additional amount for `Foreign Military Financing
Program', $1,294,000,000, to remain available until September 30, 2010:
Provided, That not less than $260,000,000 shall be made available for
assistance for the Mexican Navy and shall be available notwithstanding
section 7045(e) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8): Provided further, That funds made available pursuant to the
previous proviso shall be available notwithstanding section 36(b) of
the Arms Export Control Act: Provided further, That of the funds
appropriated under this heading, not less than $150,000,000 shall be
made available for assistance for Jordan: Provided further, That of the
funds appropriated under this heading, not less than $555,000,000,
shall be available for grants only for Israel and shall be disbursed
not later than October 30, 2009: Provided further, That to the extent
that the Government of Israel requests that funds be used for such
purposes, grants made available for Israel by this paragraph shall, as
agreed by the United States and Israel, be available for advanced
weapons systems, of which $145,965,000 shall be available for the
procurement in Israel of defense articles and defense services,
including research and development: Provided further, That of the funds
appropriated under this heading, not less than $260,000,000 shall be
made available for grants only for Egypt, including for border security
programs and activities in the Sinai: Provided further, That funds
appropriated pursuant to the previous proviso estimated to be outlayed
for Egypt shall be transferred to an interest bearing account for Egypt
in the Federal Reserve Bank of New York not later than October 30,
2009: Provided further, That up to $69,000,000 may be made available
for assistance for Lebanon.
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``pakistan counterinsurgency capability fund
``(including transfer of funds)
---------------------------------------------------------------------------
``There is hereby established in the Treasury of the United States
a special account to be known as the `Pakistan Counterinsurgency
Capability Fund'. For necessary expenses to carry out the provisions of
chapter 8 of part I and chapters 2, 5, 6, and 8 of part II of the
Foreign Assistance Act of 1961 and section 23 of the Arms Export
Control Act for counterinsurgency activities in Pakistan, $700,000,000,
which shall become available on September 30, 2009, and remain
available until September 30, 2011: Provided, That such funds shall be
available to the Secretary of State, with the concurrence of the
Secretary of Defense, notwithstanding any other provision of law, for
the purpose of providing assistance for Pakistan to build and maintain
the counterinsurgency capability of Pakistani security forces
(including the Frontier Corps), to include program management and the
provision of equipment, supplies, services, training, and facility and
infrastructure repair, renovation, and construction: Provided further,
That such funds may be transferred by the Secretary of State to the
Department of Defense or other Federal departments or agencies to
support counterinsurgency operations and may be merged with and be
available for the same purposes and for the same time period as the
appropriation or fund to which transferred, or may be transferred
pursuant to the authorities contained in the Foreign Assistance Act of
1961: Provided further, That the Secretary of State shall, not fewer
than 15 days prior to making transfers from this appropriation, notify
the Committees on Appropriations, and the congressional defense and
foreign affairs committees, in writing of the details of any such
transfer: Provided further, That the Secretary of State shall submit
not later than 30 days after the end of each fiscal quarter to the
Committees on Appropriations a report summarizing, on a project-by-
project basis, the transfer of funds from this appropriation: Provided
further, That upon determination by the Secretary of Defense or head of
other Federal department or agency, with the concurrence of the
Secretary of State, that all or part of the funds so transferred from
this appropriation are not necessary for the purposes herein, such
amounts may be transferred by the head of the relevant Federal
department or agency back to this appropriation and shall be available
for the same purposes and for the same time period as originally
appropriated: Provided further, That any required notification or
report may be submitted in classified or unclassified form.''.
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(d) \785\ There are authorized to be appropriated to the
President such sums as may be necessary to reimburse the
applicable appropriation, fund, or account for defense
articles, defense services, and military education and training
provided under this section.
Sec. 507.\786\ Restrictions on Military Aid to Latin
America. * * * [Repealed--1973]
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\786\ Sec. 12(b)(5) of the FA Act of 1973 (Public Law 93-189)
repealed secs. 507, 508, and 509.
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Sec. 508.\786\ Restrictions on Military Aid to Africa. * *
* [Repealed--1973]
Sec. 509.\786\ Certification of Recipient's Capability. * *
* [Repealed--1973]
Sec. 510.\787\ Restrictions on Training Foreign Military
Students. * * * [Repealed--1976]
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\787\ Sec. 106(b) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733) repealed
sec. 510.
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Sec. 511.\788\ Considerations in Furnishing Military
Assistance.--Decisions to furnish military assistance made
under this part shall take into account \789\ whether such
assistance will--
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\788\ 22 U.S.C. 2321d. Sec. 201(f) of the FA Act of 1971 (Public
Law 92-226) added sec. 511.
\789\ Sec. 1225(b) of the Foreign Affairs Agencies Consolidation
Act of 1998 (subdivision A of division G of Public Law 105-277; 112
Stat. 2681) struck out ``be made in coordination with the Director of
the United States Arms Control and Disarmament Agency and shall take
into account his opinion as to'' and inserted in lieu thereof ``take
into account''. Previously, sec. 150(c) of the Foreign Relations
Authorization Act, Fiscal Year 1976 (Public Law 94-141) struck out the
words ``take into account'' and inserted in lieu thereof ``be made in
coordination with the Director of the United States Arms Control and
Disarmament Agency and shall take into account his opinion as to''.
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(1) contribute to an arms race;
(2) increase the possibility of outbreak or
escalation of conflict; or
(3) prejudice the development of bilateral or
multilateral arms control arrangements.
Sec. 512.\790\ Military Assistance Advisory Groups and
Missions. * * * [Repealed--1973]
---------------------------------------------------------------------------
\790\ Sec. 12(5) of the FA Act of 1973 (Public Law 93-189) repealed
sec. 512.
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Sec. 513.\791\ Military Assistance Authorizations for
Thailand and Laos, and South Vietnam. * * * [Repealed--1981]
---------------------------------------------------------------------------
\791\ Sec. 513, as added by sec. 20(f) of the FA Act of 1971
(Public Law 92-226) and amended by sec. 12(6)(B) of the FA Act of 1973
(Public Law 93-189) and sec. 12 of the FA Act of 1974 (Public Law 93-
559), and was repealed by sec. 734(a)(1) of the International Security
and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat.
1560). Sec. 513 had prohibited military assistance for Thailand (after
June 30, 1972), Laos (after June 30, 1974), and South Vietnam (after
June 30, 1976) unless the assistance had been authorized under this Act
or the Foreign Military Sales Act (now the Arms Export Control Act).
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Sec. 514.\792\ Stockpiling of Defense Articles for Foreign
Countries.--(a) No defense article in the inventory of the
Department of Defense which is set aside, reserved, or in any
way earmarked or intended for future use by any foreign country
may be made available to or for use by any foreign country
unless such transfer is authorized under this Act or the Arms
Export Control Act, or any subsequent corresponding
legislation, and the value of such transfer is charged against
funds authorized under such legislation or against the
limitations specified in such legislation, as appropriate, for
the fiscal period in which such defense article is transferred.
For purposes of this subsection, ``value'' means the
acquisition cost plus crating, packing, handling, and
transportation costs incurred in carrying out this section.
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\792\ 22 U.S.C. 2321h. Sec. 201(f) of Public Law 92-226 (86 Stat.
26) added the original sec. 514, which concerned special foreign
country accounts. Sec. 12(b) of Public Law 93-189 (87 Stat. 722)
repealed the sec. This new sec. 514, as added by sec. 15 of Public Law
93-559 (88 Stat. 1799), was amended by sec. 103 of the International
Security Assistance and Arms Export Control Act of 1976. It formerly
read:
``(a) Notwithstanding any other provision of law, no funds, other
than funds made available under this chapter or section 401(a) of
Public Law 89-367 (80 Stat. 37), or any subsequent corresponding
legislation, may be obligated for the purpose of stockpiling any
defense article or war reserve material, including the acquisition,
storage, or maintenance of any war reserve equipment, secondary items,
or munitions, if such article or material is set aside, reserved, or in
any way earmarked or intended for future use by any foreign country
under this Act or such section.
``(b) The cost of any such article or material set aside, reserved,
or in any way earmarked or intended by the Department of Defense for
future use by, for, or on behalf of the country referred to in section
401(a)(1) of Public Law 89-367 (80 Stat. 37) shall be charged against
the limitation specified in such section or any subsequent
corresponding legislation, for the fiscal year in which such article or
material is set aside, reserved, or otherwise earmarked or intended;
and the cost of any such article or material set aside, reserved or in
any way earmarked or intended for future use by, for, or on behalf of
any other foreign country shall be charged against funds authorized
under this chapter or the fiscal year in which such article or material
is set aside, reserved, or otherwise earmarked. No such article or
material may be made available to or for use by any foreign country
unless such article or material has been charged against the limitation
specified in such section, or any subsequent corresponding legislation,
or against funds authorized under this chapter, as appropriate.''.
Sec. 1303(b) of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1669) struck out subsec. (e)
to this section. Subsec. (e) formerly read as follows:
``(e) The President shall promptly report to the Congress each new
stockpile, or addition to an existing stockpile, described in this
section of defense articles valued in excess of $10,000,000 in any
fiscal year.''.
Sec. 12001 of the Department of Defense Appropriations Act, 2005
(Public Law 108-287; 118 Stat. 1011) provided the following:
``Sec. 12001. (a)(1) Notwithstanding section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h), the President may transfer to
Israel, in exchange for concessions to be negotiated by the Secretary
of Defense, with the concurrence of the Secretary of State, any or all
of the items described in paragraph (2).
``(2) The items referred to in paragraph (1) are armor, artillery,
automatic weapons ammunition, missiles, and other munitions that--
---------------------------------------------------------------------------
``(A) are obsolete or surplus items;
``(B) are in the inventory of the Department of Defense;
``(C) are intended for use as reserve stocks for Israel; and
``(D) as of the date of enactment of this Act, are located in a stockpile
in Israel.
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``(b) The value of concessions negotiated pursuant to subsection
(a) shall be at least equal to the fair market value of the items
transferred. The concessions may include cash compensation, services,
waiver of charges otherwise payable by the United States, and other
items of value.
``(c) Not later than 30 days before making a transfer under the
authority of this section, the President shall transmit a notification
of the proposed transfer to the Committees on Foreign Relations and
Armed Services of the Senate and the Committees on International
Relations and Armed Services of the House of Representatives. The
notification shall identify the items to be transferred and the
concessions to be received.
``(d) No transfer may be made under the authority of this section
more than 2 years after the date of the enactment of this Act.''.
See also sec. 112 of the Security Assistance Act of 2000 (Public
Law 106-280; 114 Stat. 850), in Legislation on Foreign Relations
Through 2008, vol. I-B. See also, in this volume, Public Law 109-159
(119 Stat. 2955), relating to providing defense articles and defense
services to the Republic of Korea.
---------------------------------------------------------------------------
(b)(1) The value of defense articles to be set aside,
earmarked, reserved, or intended for use as war reserve stocks
for allied or other foreign countries (other than for purposes
of the North Atlantic Treaty Organization or in the
implementation of agreements with Israel) \793\ in stockpiles
located in foreign countries may not exceed in any fiscal year
an amount that \794\ is specified in security assistance
authorizing legislation for that fiscal year.
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\793\ Sec. 531B(a) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
Stat. 732), inserted ``or in the implementation of agreements with
Israel'' after ``North Atlantic Treaty Organization''.
\794\ Sec. 587(b)(1) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
Stat. 1253), struck out ``greater than'' and inserted in lieu thereof
``that'' at this point.
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(2) \795\ (A) The value of such additions to stockpiles of
defense articles in foreign countries shall not exceed
$200,000,000 for each of fiscal years 2007 and 2008.
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\795\ Sec. 13(a)(2)(A)(i) of the Department of State Authorities
Act of 2006 (Public Law 109-472; 120 Stat. 3560) struck out
``$100,000,000'' and inserted in lieu thereof ``$200,000,000''; sec.
13(a)(2)(A)(ii) of that Act struck out ``2004 and 2005'' and inserted
in lieu thereof ``2007 and 2008''.
Previously, sec. 12002(1) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) struck
out ``for fiscal year 2003'' and inserted in lieu thereof ``for each of
fiscal years 2004 and 2005''.
Previously, sec. 1261 of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1434) amended and restated para.
(2). The paragraph previously had provided not to exceed $50 million
for fiscal year 2001.
Previously, sec. 102(c)(1) of the Security Assistance Act of 2000
(Public Law 106-280; 114 Stat. 845) amended and restated para. (2). The
paragraph had provided not to exceed $60 million for fiscal year 2000
in subpara. (A), and not more than $40 million for stockpiles in the
Republic of Korea and $20 million for stockpiles in Thailand in
subpara. (B).
Previously, sec. 1231 of the Security Assistance Act of 1999 (title
XII of the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)),
amended and restated subsec. (b)(2), effectively striking out
``$340,000,000 for fiscal year 1999 and'' after ``shall not exceed''.
Previously, sec. 584(a) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2000 (H.R. 3422,
enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 113
Stat. 1535), struck out ``$50,000,000 for each of the fiscal years 1996
and 1997, $60,000,000 for fiscal year 1998, and'' after ``shall not
exceed'' and inserted at the end of the sentence ``and $60,000,000 for
fiscal year 2000''.
Previously, sec. 571(a) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1999 (sec. 101(d)
of Public Law 105-277; 112 Stat. 2681), struck out ``and'' after
``1997'', inserted in lieu thereof a comma, and added ``, and
$340,000,000 for fiscal year 1999'' at the end of the sentence. Sec.
572(b) of that Act added at the end of subpara. (B) the following: ``Of
the amount specified in subparagraph (A) for fiscal year 1999, not more
than $320,000,000 may be made available for stockpiles in the Republic
of Korea and not more than $20,000,000 may be made available for
stockpiles in Thailand.''.
Previously, sec. 575(a) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1998 (Public Law
105-118; 111 Stat. 2433), added ``and $60,000,000 for fiscal year
1998'' at the end of para. (2); and sec. 575(b) of that Act added the
fiscal year 1998 stockpile limits for Korea and Thailand in subpara.
(B).
Previously, sec. 531B(b) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1996 (Public Law
104-107; 110 Stat. 732), amended and restated subsec. (b)(2) generally.
Previously, sec. 535 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1995 (Public Law 103-306; 108
Stat. 1637), provided ``a total of $200,000,000 for stockpiles in
Israel for fiscal years 1994 and 1995, up to $40,000,000 may be made
available for stockpiles in the Republic of Korea, and up to
$10,000,000 may be made available for stockpiles in Thailand for fiscal
year 1995''.
Previously, sec. 535 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1994 (Public Law 103-87; 107
Stat. 955), decreased the stockpile for Israel to $200,000,000, and
made available up to $72,000,000 for stockpiles in Korea, and up to
$20,000,000 for stockpiles in Thailand.
Previously, sec. 569 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1993 (Public Law 102-391; 106
Stat. 1681), increased the stockpile limit, included allocations for
Israel, and added text pertaining to stockpile allocations for the
Republic of Korea.
Previous to that, sec. 573(b) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991 (Public Law
101-513; 104 Stat. 2042), increased the stockpile limit and added text
pertaining to allocations for Israel.
Figures for stockpile limits for recent years include the
following: fiscal year 1976--$96,750,000; fiscal year 1977--
$125,000,000; fiscal year 1978--$270,000,000; fiscal year 1979--
$90,000,000; fiscal year 1980--$95,000,000; fiscal year 1981--
$85,000,000; fiscal year 1982--$130,000,000; fiscal year 1983--
$125,000,000; fiscal year 1984--$125,000,000; fiscal year 1985--
$248,000,000; fiscal year 1986--$360,000,000; fiscal year 1987--
$125,000,000; fiscal year 1988--$116,000,000; fiscal year 1989--
$77,000,000; fiscal year 1990--$165,000,000; fiscal year 1991--
$378,000,000; fiscal year 1992--$378,000,000; fiscal year 1993--
$389,000,000; fiscal year 1994--$292,000,000; fiscal year 1995--
$250,000,000; fiscal years 1996 and 1997--$50,000,000; fiscal year
1998--$60,000,000; fiscal year 1999--$340,000,000; fiscal year 2000--
$60,000,000; fiscal year 2001--$50,000,000; fiscal year 2003--
$100,000,000; and fiscal years 2004 and 2005--$100,000,000.
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(B) \796\ Of the amount specified in subparagraph (A) for a
fiscal year, not more than $200,000,000 may be made available
for stockpiles in the State of Israel.
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\796\ Sec. 13(a)(2)(B) of the Department of State Authorities Act
of 2006 (Public Law 109-472; 120 Stat. 3560) struck out
``$100,000,000'' and inserted in lieu thereof ``$200,000,000''.
Previously, sec. 12002(2) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) struck
out ``for fiscal year 2003'' and inserted in lieu thereof ``for a
fiscal year''.
Previously, sec. 1261 of the Security Assistance of 2002 (division
B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1434) amended and restated para. (2).
Previously, subpara. (B) provided not more than $50 million for
stockpiles in the Republic of Korea.
Previously, sec. 102(c)(1) of the Security Assistance Act of 2000
(Public Law 106-280; 114 Stat. 845) amended and restated para. (2). It
had provided not to exceed $60 million for fiscal year 2000 in subpara.
(A), and not more than $40 million for stockpiles in the Republic of
Korea and $20 million for stockpiles in Thailand in subpara. (B).
Previously, sec. 1231 of the Security Assistance Act of 1999 (title
XII of the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)),
amended and restated subsec. (b)(2), effectively striking out ``Of the
amount specified in subparagraph (A) for fiscal year 1999, not more
than $320,000,000 may be made available for stockpiles in the Republic
of Korea and not more than $20,000,000 may be made available for
stockpiles in Thailand.'' and the reference to fiscal year 2000 for the
remaining text in subpara. (B).
Previously, sec. 584(b) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2000 (H.R. 3422,
enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 113
Stat. 1535), struck out ``Of the amount specified in subparagraph (A)
for each of the fiscal years 1996 and 1997, not more than $40,000,000
may be made available for stockpiles in the Republic of Korea and not
more than $10,000,000 may be made available for stockpiles in Thailand.
Of the amount specified in subparagraph (A) for fiscal year 1998, not
more than $40,000,000 may be made available for stockpiles in the
Republic of Korea and not more than $20,000,000 may be made available
for stockpiles in Thailand.'' and inserted a sentence at the end of the
subpara.
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(c) \797\ Location of Stockpiles of Defense Articles.--
---------------------------------------------------------------------------
\797\ Sec. 531B(c) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
Stat. 732) amended and restated subsec. (c). It formerly read as
follows:
``(c) Except for stockpiles in existence on the date of enactment
of the International Security Assistance and Arms Export Control Act of
1976 and for stockpiles located in the Republic of Korea, Thailand, or
countries which are members of the North Atlantic Treaty Organization,
or major non-NATO allies, no stockpile may be located outside the
boundaries of a United States military base or a military base used
primarily by the United States.''.
Title III of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1988 (Continuing Appropriations for 1988;
Public Law 100-202; 101 Stat. 1329-147) added the first reference to
Thailand. Sec. 6(a)(2) of the International Security Assistance Act of
1979 (Public Law 96-92; 93 Stat. 703) added the first reference to the
Republic of Korea. Sec. 573(a) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991 (Public Law
101-513; 104 Stat. 2042), first added the reference to major non-NATO
allies.
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(1) Limitation.--Except as provided in paragraph (2),
no stockpile of defense articles may be located outside
the boundaries of a United States military base or a
military base used primarily by the United States.
(2) Exceptions.--Paragraph (1) shall not apply with
respect to stockpiles of defense articles located in
the Republic of Korea, Thailand, any country that is a
member of the North Atlantic Treaty Organization, any
country that is a major non-NATO ally, or any other
country the President may designate. At least 15 days
before designating a country pursuant to the last
clause of the preceding sentence, the President shall
notify the congressional committees specified in
section 634A(a) in accordance with the procedures
applicable to reprogramming notifications under that
section.
(d) No defense article transferred from any stockpile which
is made available to or for use by any foreign country may be
considered an excess defense article for the purpose of
determining the value thereof.
Sec. 515.\798\ Overseas Management of Assistance and Sales
Programs.--(a) In order to carry out his responsibilities for
the management of international security assistance programs
conducted under this chapter, chapter 5 of this part, and the
Arms Export Control Act, the President may assign members of
the Armed Forces of the United States to a foreign country to
perform one or more of the following functions:
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\798\ 22 U.S.C. 2321i. Sec. 515, as amended by sec. 16 of FA Act of
1974 (Public Law 93-559), sec. 104 of Public Law 94-329, sec. 7(c) of
Public Law 95-92, sec. 9 of Public Law 95-424, sec. 7 of Public Law 95-
92, and sec. 114 of Public Law 96-533, was comprehensively amended and
restated by sec. 112 of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1527).
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(1) equipment and services case management;
(2) training management;
(3) program monitoring;
(4) evaluation and planning of the host government's
military capabilities and requirements;
(5) administrative support;
(6) promoting rationalization, standardization,
interoperability, and other defense cooperation
measures; \799\ and
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\799\ Sec. 143 of Public Law 104-164 (110 Stat. 1434) struck out
``among members of the North Atlantic Treaty Organization and with the
Armed Forces of Japan, Australia, and New Zealand'' after ``measures''.
---------------------------------------------------------------------------
(7) liaison functions exclusive of advisory and
training assistance.
(b) Advisory and training assistance conducted by military
personnel assigned under this section shall be kept to an
absolute minimum. It is the sense of the Congress that advising
and training assistance in countries to which military
personnel are assigned under this section shall be provided
primarily by other personnel who are not assigned under this
section and who are detailed for limited periods to perform
specific tasks.
(c)(1) The number of members of the Armed Forces assigned
to a foreign country under this section may not exceed six
unless specifically authorized by the Congress. The President
may waive this limitation if he determines and reports to the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs \775\ of the House of Representatives, 30
days prior to the introduction of the additional military
personnel, that United States national interests require that
more than six members of the Armed Forces be assigned under
this section to carry out international security assistance
programs in a country not specified in this paragraph.
Pakistan, Tunisia, El Salvador, Honduras, Colombia,\800\
Indonesia, the Republic of Korea, the Philippines, Thailand,
Egypt, Jordan, Morocco, Saudi Arabia, Greece, Portugal, Spain,
and Turkey are authorized to have military personnel strengths
larger than six under this section to carry out international
security assistance programs.
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\800\ Sec. 125 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 205), struck out
``For the fiscal year 1982 and the fiscal year 1983'' and inserted in
lieu thereof ``Pakistan, Tunisia, El Salvador, Honduras''.
Sec. 4305(a) of Public Law 100-690 (102 Stat. 4273) added
``Colombia'' after ``Honduras''.
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(2) The total number of members of the Armed Forces
assigned under this section to a foreign country in a fiscal
year may not exceed the number justified to the Congress for
that country in the congressional presentation materials for
that fiscal year, unless the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs \775\ of the
House of Representatives are notified 30 days in advance of the
introduction of the additional military personnel.
(d) Effective October 1, 1989,\801\ the entire costs
(excluding \802\ salaries of the United States military
personnel other than the Coast Guard) \802\ of overseas
management of international security assistance programs under
this section shall be charged to or reimbursed from funds made
available to carry out this chapter or the Arms Export Control
Act,\803\ other than any such costs which are either paid
directly for such defense services under section 21(a) of the
Arms Export Control Act or reimbursed from charges for services
collected from foreign governments pursuant to section 21(e)
and section 43(b) of that Act.
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\801\ Sec. 9104(a) of the Department of Defense Appropriations Act,
1990 (Public Law 101-165; 103 Stat. 1152) struck out ``1982'' and
inserted in lieu thereof ``1989''.
\802\ Sec. 9104 of the Department of Defense Appropriations Act,
1990 (Public Law 101-165; 103 Stat. 1152) struck out ``including'' and
inserted in lieu thereof ``excluding''. Sec. 556(c) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1993 (Public Law 102-391; 106 Stat. 1675), restated parentheses to make
provision for the Coast Guard.
\803\ Title III of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
Stat. 1213), added reference to the Arms Export Control Act at this
point.
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(e) Members of the Armed Forces assigned to a foreign
country under this section shall serve under the direction and
supervision of the Chief of the United States Diplomatic
Mission to that country.
(f) The President shall continue to instruct United States
diplomatic and military personnel in the United States missions
abroad that they should not encourage, promote, or influence
the purchase by any foreign country of United States-made
military equipment, unless they are specifically instructed to
do so by an appropriate official of the executive branch.
SEC. 516.\804\ AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES.
(a) Authorization.--The President is authorized to transfer
excess defense articles under this section to countries for
which receipt of such articles was justified pursuant to the
annual congressional presentation documents for military
assistance programs, or for programs under chapter 8 of part I
of this Act, submitted under section 634 of this Act, or for
which receipt of such articles was separately justified to the
Congress, for the fiscal year in which the transfer is
authorized.
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\804\ 22 U.S.C. 2321j. Sec. 104(a) of Public Law 104-164 (110 Stat.
1424) amended and restated sec. 516.
The earlier form of sec. 516, relating to the modernization of
defense capabilities of countries of NATO's southern flank, was added
by sec. 1101 of Public Law 99-661 (100 Stat. 3960). Prior to that, sec.
516, added by sec. 105 of Public Law 94-329 and amended by sec. 7(b) of
Public Law 95-384, sec. 5(c) of Public Law 96-92, and sec. 112(d) of
Public Law 96-533, was repealed by sec. 110(d) of the International
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
Stat. 1526). Sec. 516 had required the termination of authorities
contained in this chapter (except for authorities in secs. 506, 514,
and 515) as of September 30, 1982, except to the extent Congress might
authorize military assistance in specified amounts for specified
countries.
The Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8; 123 Stat.
867), provides the following:
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``notification on excess defense equipment
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``Sec. 7016. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign Assistance
Act of 1961, the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as
other committees pursuant to subsection (f) of that section: Provided,
That before issuing a letter of offer to sell excess defense articles
under the Arms Export Control Act, the Department of Defense shall
notify the Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of the Arms
Export Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific countries
that would receive such excess defense articles: Provided further, That
such Committees shall also be informed of the original acquisition cost
of such defense articles.''.
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(b) Limitations on Transfers.--(1) The President may
transfer excess defense articles under this section only if--
(A) such articles are drawn from existing stocks of
the Department of Defense;
(B) funds available to the Department of Defense for
the procurement of defense equipment are not expended
in connection with the transfer;
(C) the transfer of such articles will not have an
adverse impact on the military readiness of the United
States;
(D) with respect to a proposed transfer of such
articles on a grant basis, such a transfer is
preferable to a transfer on a sales basis, after taking
into account the potential proceeds from, and
likelihood of, such sales, and the comparative foreign
policy benefits that may accrue to the United States as
the result of a transfer on either a grant or sales
basis;
(E) the President determines that the transfer of
such articles will not have an adverse impact on the
national technology and industrial base and,
particularly, will not reduce the opportunities of
entities in the national technology and industrial base
to sell new or used equipment to the countries to which
such articles are transferred; and
(F) the transfer of such articles is consistent with
the policy framework for the Eastern Mediterranean
established under section 620C of this Act.
(2) Accordingly, for the four-year period beginning on
October 1, 1996, and thereafter for the four-year period
beginning on October 1, 2000,\805\ the President shall ensure
that excess defense articles offered to Greece and Turkey under
this section will be made available consistent with the manner
in which the President made available such excess defense
articles during the four-year period that began on October 1,
1992, pursuant to section 573(e) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1990.\806\
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\805\ Sec. 1211(b) of the Security Assistance Act of 1999 (title
XII of the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)),
inserted ``and thereafter for the four-year period beginning on October
1, 2000,'' after ``October 1, 1996,''.
\806\ Sec. 573(e) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167; (103
Stat. 1246), read as follows:
``(e) Maintenance of Military Balance in Eastern Mediterranean.--
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``(1) United states policy.--The Congress intends that excess defense
articles be made available under this section consistent with the United
States policy, established by section 841 of the International Cooperation
Act of 1989, of maintaining the military balance in the Eastern
Mediterranean.
``(2) Maintenance of balance.--Accordingly, the President shall ensure
that, over the three-year period beginning on October 1, 1989, the ratio
of--
``(A) the value of excess defense articles made available for Turkey
under this section, to
``(B) the value of excess defense articles made available for Greece
under this section, closely approximates the ratio of--
``(i) the amount of foreign military financing provided
for Turkey, to
``(ii) the amount of foreign military financing provided
for Greece.
``(3) Exception to requirement.--This subsection shall not apply if
either Greece or Turkey ceases to be eligible to receive excess defense
articles under subsection (a).''.
(c) Terms of Transfers.--
(1) No cost to recipient country.--Excess defense
articles may be transferred under this section without
cost to the recipient country.
(2) Priority.--Notwithstanding any other provision of
law, the delivery of excess defense articles under this
section to member countries of the North Atlantic
Treaty Organization (NATO) on the southern and
southeastern flank of NATO, to major non-NATO allies on
such southern and southeastern flank, and to the
Philippines \807\ shall be given priority to the
maximum extent feasible over the delivery of such
excess defense articles to other countries.
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\807\ Sec. 1234 of the Security Assistance Act of 2002 (division B
of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1433), struck out ``and to major non-NATO allies
on such southern and southeastern flank'' and inserted in lieu thereof
``, to major non-NATO allies on such southern and southeastern flank,
and to the Philippines''.
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(d) Waiver of Requirement for Reimbursement of Department
of Defense Expenses.--Section 632(d) shall not apply with
respect to transfers of excess defense articles (including
transportation and related costs) under this section.
(e) Transportation and Related Costs.--
(1) In general.--Except as provided in paragraph (2),
funds available to the Department of Defense may not be
expended for crating, packing, handling, and
transportation of excess defense articles transferred
under the authority of this section.
(2) Exception.--The President may provide for the
transportation of excess defense articles without
charge to a country for the costs of such
transportation if--
(A) it is determined that it is in the
national interest of the United States to do
so;
(B) the recipient is a developing country
receiving less than $10,000,000 of assistance
under chapter 5 of this part of this Act
(relating to international military education
and training) or section 23 of the Arms Export
Control Act (22 U.S.C. 2763; relating to the
Foreign Military Financing program) in the
fiscal year in which the transportation is
provided;
(C) the total weight of the transfer does not
exceed 50,000 \808\ pounds; and
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\808\ Sec. 122 of the Security Assistance Act of 2000 (Public Law
106-280; 114 Stat. 851) struck out ``25,000'' and inserted in lieu
thereof ``50,000''.
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(D) such transportation is accomplished on a
space available basis.
(f) \809\ Advance Notification to Congress for Transfer of
Certain Excess Defense Articles.--
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\809\ Sec. 1212(b) of the Security Assistance Act of 1999 (title
XII of the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536)),
provided the following:
``(b) Content of Congressional Notification.--Each notification
required to be submitted under section 516(f) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(f)) with respect to a proposed transfer of
a defense article described in subsection (a) shall include an estimate
of the amount of funds to be expended under subsection (a) with respect
to that transfer.''.
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(1) In general.--The President may not transfer
excess defense articles that are significant military
equipment (as defined in section 47(9) of the Arms
Export Control Act) or excess defense articles valued
(in terms of original acquisition cost) at $7,000,000
or more, under this section or under the Arms Export
Control Act (22 U.S.C. 2751 et seq.) until 30 days
after the date on which the President has provided
notice of the proposed transfer to the congressional
committees specified in section 634A(a) in accordance
with procedures applicable to reprogramming
notifications under that section.
(2) Contents.--Such notification shall include--
(A) a statement outlining the purposes for
which the article is being provided to the
country, including whether such article has
been previously provided to such country;
(B) an assessment of the impact of the
transfer on the military readiness of the
United States;
(C) an assessment of the impact of the
transfer on the national technology and
industrial base and, particularly, the impact
on opportunities of entities in the national
technology and industrial base to sell new or
used equipment to the countries to which such
articles are to be transferred; and
(D) a statement describing the current value
of such article and the value of such article
at acquisition.
(g) \810\ Aggregate Annual Limitation.--
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\810\ Sec. 1271(a) of the Security Assistance Act of 1999 (title
XII of the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536),
provided the following:
``(a) Inapplicability of Aggregate Annual Limitation on Value of
Transferred Excess Defense Articles.--The value of a vessel transferred
to another country on a grant basis under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to authority provided
by section 1018(a) of the National Defense Authorization Act for Fiscal
Year 2000 shall not be counted for the purposes of section 516(g) of
the Foreign Assistance Act of 1961 in the aggregate value of excess
defense articles transferred to countries under that section in any
fiscal year.''.
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(1) In general.--The aggregate value of excess
defense articles transferred to countries under this
section in any fiscal year may not exceed
$425,000,000.\811\
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\811\ Sec. 1213 of the Security Assistance Act of 1999 (title XII
of the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536),
struck out ``$350,000,000'' and inserted in lieu thereof
``$425,000,000''.
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(2) Effective date.--The limitation contained in
paragraph (1) shall apply only with respect to fiscal
years beginning after fiscal year 1996.
(h) Congressional Presentation Documents.--Documents
described in subsection (a) justifying the transfer of excess
defense articles shall include an explanation of the general
purposes of providing excess defense articles as well as a
table which provides an aggregate annual total of transfers of
excess defense articles in the preceding year by country in
terms of offers and actual deliveries and in terms of
acquisition cost and current value. Such table shall indicate
whether such excess defense articles were provided on a grant
or sale basis.
(i) Excess Coast Guard Property.--For purposes of this
section, the term ``excess defense articles'' shall be deemed
to include excess property of the Coast Guard, and the term
``Department of Defense'' shall be deemed, with respect to such
excess property, to include the Coast Guard.
Sec. 517.\812\ * * * [Repealed--1996]
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\812\ Formerly at 22 U.S.C. 2321k. Sec. 104(b)(2)(B) of Public Law
104-164 (110 Stat. 1427) repealed sec. 517, relating to the
modernization of counternarcotics capabilities of certain countries.
The section was originally added by sec. 5 of the International
Narcotics Control Act of 1989 (Public Law 101-231; 103 Stat. 1957).
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SEC. 517.\813\ DESIGNATION OF MAJOR NON-NATO ALLIES.
(a) Notice to Congress.--The President shall notify the
Congress \814\ in writing at least 30 days before--
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\813\ 22 U.S.C. 2321k. Added by sec. 147(a)(1) of Public Law 104-
164 (110 Stat. 1434).
\814\ On November 12, 1996, the President notified Congress that he
designated the Hashemite Kingdom of Jordan as a major non-NATO ally of
the United States for purposes of the Foreign Assistance Act and the
Arms Export Control Act (Presidential Determination No. 97-4; 61 F.R.
59809).
On January 6, 1998, the President notified Congress that he
designated the Republic of Argentina as a major non-NATO ally of the
United States for purposes of the Foreign Assistance Act and the Arms
Export Control Act (Presidential Determination No. 98-9; 63 F.R. 3635).
On March 14, 2002, the President notified Congress that he
designated the Kingdom of Bahrain as a major non-NATO ally of the
United States for purposes of the Foreign Assistance Act and the Arms
Export Control Act (Presidential Determination No. 2002-10; 67 F.R.
13247).
On October 6, 2003, the President notified Congress that he
designated the Republic of the Philippines as a major non-NATO ally of
the United States for purposes of the Foreign Assistance Act and the
Arms Export Control Act (Presidential Determination No. 2004-02; 68
F.R. 59855).
On December 30, 2003, the President notified Congress that he
designated the Kingdom of Thailand as a major non-NATO ally of the
United States for purposes of the Foreign Assistance Act and the Arms
Export Control Act (Presidential Determination No. 2004-16; 69 F.R.
2053).
On January 15, 2004, the President notified Congress that he
designated the State of Kuwait as a major non-NATO ally of the United
States for purposes of the Foreign Assistance Act and the Arms Export
Control Act (Presidential Determination No. 2004-21; 69 F.R. 4843).
On June 3, 2004, the President notified Congress that he designated
the Kingdom of Morocco as a major non-NATO ally of the United States
for purposes of the Foreign Assistance Act and the Arms Export Control
Act (Presidential Determination No. 2004-35; 69 F.R. 34049).
On June 16, 2004, the President notified Congress that he
designated the Islamic Republic of Pakistan as a major non-NATO ally of
the United States for purposes of the Foreign Assistance Act and the
Arms Export Control Act (Presidential Determination No. 2004-37; 69
F.R. 38797).
Effective August 29, 2005, the Department of State added two new
sections to the International Traffic in Arms Regulations (22 CFR Part
120) to define ``North Atlantic Treaty Organization'' as ``Belgium,
Bulgaria, Canada, Czech Republic, Denmark, Estonia, France, Germany,
Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, The
Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia,
Spain, Turkey, United Kingdom and the United States'' (22 CFR Part
120.31) and to define ''Major non-NATO ally'' as ``a country that is
designated in accordance with section 517 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321k) as a major non-NATO ally for purposes of the
Foreign Assistance Act of 1961 and the Arms Export Control Act (22
U.S.C. 2751 et seq.) (22 U.S.C. 2403(q)). The following countries have
been designated as major non-NATO allies: Argentina, Australia,
Bahrain, Egypt, Israel, Japan, Jordan, Kuwait, Morocco, New Zealand,
Pakistan, the Philippines, Thailand, and Republic of Korea. Taiwan
shall be treated as though it were designated a major non-NATO ally (as
defined in section 644(q) of the Foreign Assistance Act of 1961 (22
U.S.C. 2403(q)). (Department of State Public Notice 5176; 70 F.R.
50958).
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(1) designating a country as a major non-NATO ally
for purposes of this Act and the Arms Export Control
Act (22 U.S.C. 2751 et seq.); or
(2) terminating such a designation.
(b) Initial Designations.--Australia, Egypt, Israel, Japan,
the Republic of Korea, and New Zealand shall be deemed to have
been so designated by the President as of the effective date of
this section, and the President is not required to notify the
Congress of such designation of those countries.
Sec. 518.\815\ * * * [Repealed--1996]
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\815\ Formerly at 22 U.S.C. 2321l. Sec. 104(b)(2)(B) of Public Law
104-164 (110 Stat. 1427) repealed sec. 518, relating to natural
resources and wildlife management. The section was originally added by
sec. 533(f) of Public Law 101-513 (104 Stat. 2015).
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Sec. 519.\816\ * * * [Repealed--1996]
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\816\ Formerly at 22 U.S.C. 2321m. Sec. 104(b)(2)(B) of Public Law
104-164 (110 Stat. 1427) repealed sec. 519, relating to modernization
of military capabilities. The section was originally added by sec. 596
of Public Law 101-513 (104 Stat. 2061).
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Sec. 520.\817\ * * * [Repealed--1996]
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\817\ Formerly at 22 U.S.C. 2321n. Sec. 104(b)(2)(B) of Public Law
104-164 (110 Stat. 1427) repealed sec. 520, relating to transfers of
excess defense articles for international peacekeeping operations. The
section was originally added by sec. 408 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
Stat. 452).
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Chapter 3--Foreign Military Sales \818\
Sec. 521.\819\ Administration of Sales Programs Involving
Defense Articles and Services. * * * [Repealed--1968]
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\818\ Sec. 201(o)(2) of the FA Act of 1967 (Public Law 90-137)
added the chapter heading.
\819\ Sec. 45(a) of the Foreign Military Sales Act (Public Law 90-
629) repealed secs. 521, 522, and 523.
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Sec. 522.\819\ Sales from Stock. * * * [Repealed--1968]
Sec. 523.\819\ Procurement of Sales. * * * [Repealed--1968]
Sec. 524.\820\ Reimbursements.--(a) \821\ Whenever funds
made available for use under this part have been or \822\ are
used to furnish military assistance on cash or credit terms,
United States dollar repayments, including dollar proceeds
derived from the sale of foreign currency repayments to any
agency or program of the United States Government, receipts
received from the disposition of evidences of indebtedness and
charges (including fees and premiums) or interest collected
\823\ shall be credited to a separate fund account \824\ and,
shall be available until expended solely for the purposes of
financing sales and guaranties, including the overhead costs
thereof,\825\ and, notwithstanding any provision of law
relating to receipts and credits accruing to the United States
Government, repayment in foreign currency may be used to carry
out this part. Such amounts of the appropriations made
available under this part (including unliquidated balances of
funds heretofore obligated for financing sales and guarantees)
as may be determined by the President shall be transferred to,
and merged with the separate fund account.\826\
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\820\ 22 U.S.C. 2344. Former sec. 508 was redesignated sec. 524 by
sec. 201(h)(1) of the FA Act of 1967 (Public Law 90-137).
\821\ Sec. 201(h)(2) of the FA Act of 1967 (Public Law 90-137)
added subsec. designation ``(a)'' and added subsec. (b).
\822\ Sec. 201(e)(1) of the FA Act of 1965 (Public Law 89-171)
inserted ``have been or''.
\823\ Sec. 201(e)(2) of the FA Act of 1965 (Public Law 89-171)
inserted ``receipts received from the disposition of evidences of
indebtedness and charges (including fees and premiums) or interest
collected''.
\824\ Sec. 201(e)(3) of the FA Act of 1965 (Public Law 89-171)
struck out ``the current applicable appropriation'' and inserted in
lieu thereof ``a separate fund account''.
\825\ Sec. 201(e)(1) of the FA Act of 1965 (Public Law 89-171)
struck out ``furnishing further military assistance on cash or credit
terms'' and inserted in lieu thereof ``financing sales and guaranties,
including the overhead costs thereof''.
\826\ Sec. 201(c) of the FA Act of 1966 (Public Law 89-583) added
this sentence.
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(b)(1) The special fund account established under
subsection (a) of this section shall terminate as of the end of
June 30, 1968, or on such earlier date as may be selected by
the President.
(2) Upon the termination of such fund account pursuant to
paragraph (1), all of the assets of such fund account
(including loans and other payments receivable) shall be
transferred to a special account in the Treasury, which special
account shall be available solely for the purpose of
discharging outstanding liabilities and obligations of the
United States arising out of credit sales agreements entered
into, and guaranties issued, under this part, prior to June 30,
1968. Any moneys in such special account in excess of the
aggregate United States dollar amount of such liabilities and
obligations shall be transferred from time to time to the
general fund of the Treasury.
(3) \827\ [Repealed--1968]
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\827\ Sec. 45(a) of the Foreign Military Sales Act (Public Law 90-
629) repealed sec. 524(b)(3), and sec. 525. The subject matter of para.
(3), relating to arms sales credits, is now covered in sec. 23 of the
Arms Export Control Act.
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Sec. 525.\827\ Guaranties. * * * [Repealed--1968]
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\828\ Chapter 4, as added by the FA Act of 1971 (Public Law 92-
226), was titled ``Security Supporting Assistance,'' was retitled
``Economic Support Fund'' and comprehensively amended and restated by
sec. 10(a) of the International Security Assistance Act of 1978 (Public
Law 95-384; 92 Stat. 733). Sec. 10(b)(6) of the same Act stated that,
after September 30, 1978, any reference in any act to security
supporting assistance shall be considered to be a reference to this
chapter.
Sec. 201 of the International Security and Development Cooperation
Act of 1985 (Public Law 99-83; 99 Stat. 210), replaced secs. 531 and
532, amended and redesignated sec. 535 as sec. 533, and repealed all
other sections regarding earmarking of funds for specific regions or
purposes. See Public Law 99-83 (99 Stat. 210), relating to ESF for the
Middle East, Cyprus, Portugal, agricultural commodities under commodity
import programs, tied aid credit program, and restriction on use of
funds for nuclear facilities.
See also secs. 644-647 of the Export-Import Bank Act Amendments of
1983 (title VI of Public Law 98-166), which established a tied aid
credit program in the U.S. Export-Import Bank in order to promote U.S.
exports. This program is carried out in cooperation with AID and
permits the AID Administrator to draw on ESF allocated for Commodity
Import Programs to finance a tied aid credit activity. See Legislation
on Foreign Relations Through 2008, vol. III.
See also sec. 206 of the International Security and Development
Cooperation Act of 1985, which authorized not less than $50 million in
fiscal year 1986 and not less than $100 million in fiscal year 1987 out
of the commodity import program portion of the Economic Support Fund
for use in a tied aid credit program.
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Chapter 4--Economic Support Fund \828\
--------------------------------------------------------------------------------------------------------------------------------------------------------
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Note.--Section 202 of the Foreign Assistance Act of 1971 transferred the former chapter 4 of part I
``Chapter 4 of part I of the Foreign Assistance Act of 1961 is hereby repealed. References to such
chapter or any sections thereof shall hereafter be deemed to be references to chapter 4 of part II of
the Foreign Assistance Act of 1961, as added by subsection (a) of this section, or to appropriate
sections thereof. All references to part I of the Foreign Assistance Act of 1961 shall hereafter be
deemed to be references also to chapter 4 of part II, and all references to part II of such Act shall
be deemed not to include chapter 4 of such part II.''
In changing the title of chapter 4 from Security Supporting Assistance to Economic Support Fund, sec.
10(b)(6) of the International Security Assistance Act of 1978 (92 Stat. 735) stated that, after
September 30, 1978, any reference to security supporting assistance shall be deemed to be a reference
to assistance provided under chapter 4 of part II of this Act.
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Sec. 531.\829\ Authority.--(a) The Congress recognizes
that, under special economic, political, or security
conditions, the national interests of the United States may
require economic support for countries in amounts which could
not be justified solely under chapter 1 of part I or, in the
case of countries in sub-Saharan Africa, chapter 10 of part
I.\830\ In such cases, the President is authorized to furnish
assistance to countries and organizations, on such terms and
conditions as he may determine, in order to promote economic or
political stability. To the maximum extent feasible, the
President shall provide assistance under this chapter
consistent with the policy directions, purposes, and programs
of part I of this Act.
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\829\ 22 U.S.C. 2346.
\830\ Sec. 562 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2026), added a new chapter 10 to part I of this Act, providing
for long-term development in sub-Saharan Africa, and made a conforming
amendment by inserting ``or, in the case of countries in sub-Saharan
Africa, chapter 10 of part I'' here.
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(b) The Secretary of State shall be responsible for policy
decisions and justifications for economic support programs
under this chapter, including determinations of whether there
will be an economic support program for a country and the
amount of the program for each country. The Secretary shall
exercise this responsibility in cooperation with the
Administrator of the agency primarily responsible for
administering part I of this Act.\831\
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\831\ This responsibility, as it related to the Administrator, was
transferred to the Director of IDCA, pursuant to sec. 6 of
Reorganization Plan No. 2 of 1979 (establishing IDCA). The
Reorganization Plan No. 2 of 1979 ceased to be effective with enactment
of the Foreign Affairs Reform and Restructuring Act of 1998, pursuant
to sec. 1422(a)(1) (division G of Public Law 105-277; 112 Stat. 2681).
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(c) As part of the annual presentation materials for
foreign assistance submitted to the Congress, the agency
primarily responsible for administering this part shall provide
a detailed justification for the uses and the purposes of the
funds provided under this chapter. Such material shall include,
but not be limited to, information concerning the amounts and
kinds of cash grant transfers, the amounts and kinds of
budgetary and balance-of-payments support provided, and the
amounts and kinds of project assistance provided with funds
made available under this chapter.
(d) \832\ * * * [Repealed--1998]
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\832\ Sec. 533(a)(5) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1999 (division A, sec. 101(d)
of Public Law 105-277; 112 Stat. 2681), repealed subsec. (d) and sec.
609 of this Act. Subsec. (d) had read as follows:
``(d) To the maximum extent feasible, funds made available pursuant
to this chapter for commodity import programs or other program
assistance shall be used to generate local currencies, not less than 50
percent of which shall be available to support activities consistent
with the objectives of sections 103 through 106 of this Act, and
administered by the agency primarily responsible for administering part
I of this Act.''.
Sec. 7027 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 871; 22 U.S.C. 2362 note), provides the following:
---------------------------------------------------------------------------
``separate accounts
---------------------------------------------------------------------------
``Sec. 7027. (a) Separate Accounts for Local Currencies.--
---------------------------------------------------------------------------
``(1) If assistance is furnished to the government of a foreign country
under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961 under agreements which result in the generation of
local currencies of that country, the Administrator of the United States
Agency for International Development shall--
``(A) require that local currencies be deposited in a separate account
established by that government;
``(B) enter into an agreement with that government which sets forth--
``(i) the amount of the local currencies to be generated;
and
``(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent with this
section; and
``(C) establish by agreement with that government the responsibilities of
the United States Agency for International Development and that government
to monitor and account for deposits into and disbursements from the
separate account.
``(2) Uses of local currencies.--As may be agreed upon with the foreign
government, local currencies deposited in a separate account pursuant to
subsection (a), or an equivalent amount of local currencies, shall be used
only--
``(A) to carry out chapter 1 or 10 of part I or chapter 4 of part II (as
the case may be), for such purposes as--
``(i) project and sector assistance activities; or
``(ii) debt and deficit financing; or
``(B) for the administrative requirements of the United States
Government.
``(3) Programming accountability.--The United States Agency for
International Development shall take all necessary steps to ensure that the
equivalent of the local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to subsection (a)(2).
``(4) Termination of assistance programs.--Upon termination of assistance
to a country under chapter 1 or 10 of part I or chapter 4 of part II (as
the case may be), any unencumbered balances of funds which remain in a
separate account established pursuant to subsection (a) shall be disposed
of for such purposes as may be agreed to by the government of that country
and the United States Government.
``(5) Reporting requirement.--The Administrator of the United States
Agency for International Development shall report on an annual basis as
part of the justification documents submitted to the Committees on
Appropriations on the use of local currencies for the administrative
requirements of the United States Government as authorized in subsection
(a)(2)(B), and such report shall include the amount of local currency (and
United States dollar equivalent) used and/or to be used for such purpose in
each applicable country.
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``(b) Separate Accounts for Cash Transfers.--
---------------------------------------------------------------------------
``(1) If assistance is made available to the government of a foreign
country, under chapter 1 or 10 of part I or chapter 4 of part II of the
Foreign Assistance Act of 1961, as cash transfer assistance or as
nonproject sector assistance, that country shall be required to maintain
such funds in a separate account and not commingle them with any other
funds.
``(2) Applicability of other provisions of law.--Such funds may be
obligated and expended notwithstanding provisions of law which are
inconsistent with the nature of this assistance including provisions which
are referenced in the Joint Explanatory Statement of the Committee of
Conference accompanying House Joint Resolution 648 (House Report No. 98-
1159).
``(3) Notification.--At least 15 days prior to obligating any such cash
transfer or nonproject sector assistance, the President shall submit a
notification through the regular notification procedures of the Committees
on Appropriations, which shall include a detailed description of how the
funds proposed to be made available will be used, with a discussion of the
United States interests that will be served by the assistance (including,
as appropriate, a description of the economic policy reforms that will be
promoted by such assistance).
``(4) Exemption.--Nonproject sector assistance funds may be exempt from
the requirements of subsection (b)(1) only through the notification
procedures of the Committees on Appropriations.''.
(e) Amounts appropriated to carry out this chapter shall be
available for economic programs and may not be used for
military or paramilitary purposes.
Sec. 532.\833\ Authorizations of Appropriations.--(a) There
are authorized to be appropriated to the President to carry out
the purposes of this chapter--
---------------------------------------------------------------------------
\833\ 22 U.S.C. 2346a. See also title V, subtitle B of the Security
Assistance Act of 2000 (Public Law 106-280; 114 Stat. 855), as amended
by sec. 1221 of the Security Assistance Act of 2002 (division B of
Public Law 107-228; 116 Stat. 1430), and the Security Assistance Act of
2002 (division B of Public Law 107-228; 116 Stat. 1425), in Legislation
on Foreign Relations Through 2008, vol. I-B.
---------------------------------------------------------------------------
(1) $2,015,000,000 for the fiscal year 1986 and
$2,015,000,000 for the fiscal year 1987 for the
following countries signing the Camp David agreement:
Israel and Egypt; and \834\
---------------------------------------------------------------------------
\834\ The authorization under this chapter, incorporated into this
law during recent years, included the following: fiscal year 1979--
$1,902,000,000; fiscal year 1980--$1,935,000,000 (plus an $80,000,000
supplemental authorization for Central American Assistance); fiscal
year 1981--$2,065,300,000; fiscal year 1982--$2,623,500,000; fiscal
year 1983--$2,723,500,000; fiscal year 1984--$3,074,000,000; fiscal
year 1985--no authorization; fiscal years 1988 through 2009--no
authorization. See, however, recent Security Assistance Acts, in
Legislation on Foreign Relations Through 2008, vol. I-B.
Title III of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 846), as amended by sec. 1115(a) of the Supplemental
Appropriations Act, 2009 (Public Law 111-32; 123 Stat. 1905), provides
the following:
---------------------------------------------------------------------------
``economic support fund
``(including transfer of funds)
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of chapter 4
of part II of the Foreign Assistance Act of 1961, $3,007,000,000, to
remain available until September 30, 2010: Provided, That of the funds
appropriated under this heading, $200,000,000 shall be available only
for Egypt, which sum shall be provided on a grant basis, and of which
sum cash transfer assistance shall be provided with the understanding
that Egypt will undertake significant economic and democratic reforms
which are additional to those which were undertaken in previous fiscal
years: Provided further, That of the funds appropriated under this
heading for assistance for Egypt, not less than $20,000,000 shall be
made available for democracy, human rights and governance programs, and
not less than $35,000,000 shall be made available for education
programs, of which not less than $10,000,000 is for scholarships for
Egyptian students with high financial need: Provided further, That
$11,000,000 of the funds appropriated under this heading should be made
available for Cyprus to be used only for scholarships, administrative
support of the scholarship program, bicommunal projects, and measures
aimed at reunification of the island and designed to reduce tensions
and promote peace and cooperation between the two communities on
Cyprus: Provided further, That of the funds appropriated under this
heading, not less than $263,547,000 shall be made available for
assistance for Jordan: Provided further, That of the funds appropriated
under this heading not more than $75,000,000 may be made available for
assistance for the West Bank and Gaza, of which not to exceed
$2,000,000 may be used for administrative expenses of the United States
Agency for International Development (USAID), in addition to funds
otherwise available for such purposes, to carry out programs in the
West Bank and Gaza: Provided further, That $67,500,000 of the funds
appropriated under this heading shall be made available for assistance
for Lebanon, of which not less than $10,000,000 shall be made available
for educational scholarships for students in Lebanon with high
financial need: Provided further, That $200,000,000 of the funds made
available for assistance for Afghanistan under this heading may be
obligated for such assistance only after the Secretary of State
certifies to the Committees on Appropriations that the Government of
Afghanistan at both the national and provincial level is cooperating
fully with United States-funded poppy eradication and interdiction
efforts in Afghanistan: Provided further, That the President may waive
the previous proviso if the President determines and reports to the
Committees on Appropriations that to do so is in the national security
interests of the United States: Provided further, That of the funds
appropriated under this heading, $200,000,000 shall be apportioned
directly to USAID for alternative development/institution building
programs in Colombia: Provided further, That of the funds appropriated
under this heading that are available for Colombia, not less than
$3,500,000 shall be transferred to, and merged with, funds appropriated
under the heading `Migration and Refugee Assistance' and shall be made
available only for assistance to nongovernmental organizations that
provide emergency relief aid to Colombian refugees in neighboring
countries.''.
See also in that Act, title III, para. relating to the
International Fund for Ireland (123 Stat. 848); para. relating to
Andean Counterdrug Programs (123 Stat. 849); and title VII, including:
sec. 7011--Availability of Funds (123 Stat. 863); sec. 705--
Reprogramming Notification Requirements (123 Stat. 865); sec. 7019--
Allocations (123 Stat. 868); sec. 7020--Prohibition of Payment of
Certain Expenses (123 Stat. 869); sec. 7024--Definition of Program,
Project, and Activity (123 Stat. 870); sec. 7027--Separate Accounts
(123 Stat. 871); sec. 7028--Eligibility for Assistance (123 Stat. 873);
sec. 7034--Special Authorities (123 Stat. 877); sec. 7039--Assistance
for the West Bank and Gaza (123 Stat. 881); sec. 7040--Limitation on
Assistance for the Palestinian Authority (123 Stat. 882); sec. 7045--
Western Hemisphere (123 Stat. 885); sec. 7046--Colombia (123 Stat.
888); sec. 7059(k)--USAID Management, Personal Services Contractors
(123 Stat. 897); sec. 7063--Gender-Based Violence (123 Stat. 899); sec.
7065--Reconciliation Programs (123 Stat. 899); sec. 7070(c)--Africa,
Horn of Africa and Pan Sahel Program (123 Stat. 901); sec. 7071--Asia
(123 Stat. 902); sec. 7083(c)--Energy and Environment, Biodiversity
(123 Stat. 911); and sec. 7089--Disability Programs (123 Stat. 913).
Title XI of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1892), provides the following:
---------------------------------------------------------------------------
``Economic Support Fund
``(including transfer of funds)
---------------------------------------------------------------------------
``For an additional amount for `Economic Support Fund',
$2,973,601,000, to remain available until September 30, 2010: Provided,
That of the funds made available under this heading for assistance for
the West Bank and Gaza, $2,000,000 shall be transferred to, and merged
with, funds available under the heading `United States Agency for
International Development, Funds Appropriated to the President, Office
of Inspector General' to conduct oversight of programs in the West Bank
and Gaza: Provided further, That of the amounts made available for
assistance for the West Bank and Gaza, not more than $200,000,000 may
be made available for cash transfer assistance to the Palestinian
Authority: Provided further, That none of the funds made available
under this heading for cash transfer assistance to the Palestinian
Authority may be obligated for salaries of personnel of the Palestinian
Authority located in Gaza: Provided further, That of the funds
appropriated under this heading, up to $10,000,000 may be made
available for humanitarian assistance in Burma for individuals and
communities impacted by Cyclone Nargis, notwithstanding any other
provision of law: Provided further, That of the funds appropriated
under this heading for assistance for Afghanistan and Pakistan,
assistance may be provided notwithstanding any provision of law that
restricts assistance to foreign countries for cross border
stabilization and development programs between Afghanistan and Pakistan
or between either country and the Central Asian republics, and shall be
administered by the Special Representative for Afghanistan and Pakistan
at the Department of State: Provided further, That none of the funds
appropriated in this title for democracy and civil society programs may
be made available for the construction of facilities in the United
States.''.
In that Act, see also sec. 1102--Afghanistan (123 Stat. 1896); sec.
1103--Allocations (123 Stat. 1898); sec. 1105--Global Financial Crisis
(123 Stat. 1898); sec. 1106--Iraq (123 Stat. 1900); sec. 1114--Refugee
Programs and Oversight (123 Stat. 1905); and sec. 1115--Technical and
Other Provisions (123 Stat. 1905).
---------------------------------------------------------------------------
(2) $1,785,000,000 for the fiscal year 1986 and
$1,785,000,000 for the fiscal year 1987 for assistance
under this chapter for recipients or purposes other
than the countries referred to in paragraph (1).\834\
(b) Amounts appropriated to carry out this chapter are
authorized to remain available until expended.
Sec. 533.\835\ Emergency Assistance.--(a) Of the funds
appropriated to carry out this chapter up to $75,000,000 for
the fiscal year 1986 and up to $75,000,000 for the fiscal year
1987 may be made available for emergency use under this chapter
when the national interests of the United States urgently
require economic support to promote economic or political
stability.
---------------------------------------------------------------------------
\835\ 22 U.S.C. 2346b. Sec. 202 of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1529)
added sec. 535. Sec. 201(b) of the International Security and
Development Cooperation Act of 1985 replaced the years ``1982'' and
``1983'' with ``1986'' and ``1987''.
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(b) Notwithstanding any provision of this chapter or of an
appropriations act (including a joint resolution making
continuing appropriations) which earmarks funds available to
carry out this chapter for a specific country or purpose, up to
5 percent of each amount so earmarked may be used to carry out
this section.
Sec. 534.\836\ Administration of Justice.--(a) The
President may furnish assistance under this chapter to
countries and organizations, including national and regional
institutions, in order to strengthen the administration of
justice in countries in Latin America and the Caribbean.
---------------------------------------------------------------------------
\836\ 22 U.S.C. 2346c. Added by sec. 712 of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
Stat. 244).
Sec. 536 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 183),
provides the following:
---------------------------------------------------------------------------
``administration of justice activities
---------------------------------------------------------------------------
``Sec. 536. Of the funds appropriated or otherwise made available
by this Act or any subsequent Act for `Economic Support Fund',
assistance may be provided to strengthen the administration of justice
in countries in Latin America and the Caribbean and in other regions
consistent with the provisions of section 534(b) of the Foreign
Assistance Act of 1961, except that programs to enhance protection of
participants in judicial cases may be conducted notwithstanding section
660 of that Act. Funds made available pursuant to this section may be
made available notwithstanding section 534(c) and the second and third
sentences of section 534(e) of the Foreign Assistance Act of 1961.''.
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(b) Assistance under this section may only include--
(1) support for specialized professional training,
scholarships, and exchanges for continuing legal
education;
(2) programs to enhance prosecutorial and judicial
capabilities and protection for participants in
judicial cases;
(3) \837\ notwithstanding section 660 of this Act--
---------------------------------------------------------------------------
\837\ Sec. 579 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1988 (Continuing Appropriations
for 1988; Public Law 100-202; 101 Stat. 1329-181), amended and restated
para. (3). It previously read as follows: ``(3) notwithstanding section
660 of this Act, programs to enhance investigative capabilities,
conducted under judicial or prosecutorial control''.
Functions conferred upon the President in subparas. (A), (B), and
(C) were delegated to the Assistant Administrator for Latin America and
the Caribbean of the Agency for International Development in Department
of State Delegation No. 189 of April 4, 1991 (56 F.R. 15127; April 15,
1991). The same delegation of authority further provided that
activities covered by the subparagraphs ``* * * shall be implemented in
coordination with the International Criminal Investigative Training
Assistance Program of the U.S. Department of Justice. Funds made
available in any fiscal year for such assistance shall not exceed
$500,000.''. Department of State Delegation of Authority No. 145-17 of
June 13, 2000 (65 F.R. 41745) amended the 1991 delegation of authority,
stating this delegation anew but omitting the earlier sentence that
limited funds.
---------------------------------------------------------------------------
(A) programs to enhance professional
capabilities to carry out investigative and
forensic functions conducted under judicial or
prosecutorial control;
(B) programs to assist in the development of
academic instruction and curricula for training
law enforcement personnel;
(C) programs to improve the administrative
and management capabilities of law enforcement
agencies, especially their capabilities
relating to career development, personnel
evaluation, and internal discipline procedures;
and
(D) programs, conducted through multilateral
or regional institutions, to improve penal
institutions and the rehabilitation of
offenders;
(4) strengthening professional organizations in order
to promote services to members and the role of the bar
in judicial selection, enforcement of ethical
standards, and legal reform;
(5) increasing the availability of legal materials
and publications;
(6) seminars, conferences, and training and
educational programs to improve the administration of
justice and to strengthen respect for the rule of law
and internationally recognized human rights; and
(7) revision and modernization of legal codes and
procedures.
(c) Not more than $20,000,000 of the funds made available
to carry out this chapter for any fiscal year shall be
available to carry out this section, in addition to amounts
otherwise available for such purposes.
(d) Funds may not be obligated for assistance under this
section unless the Committee on Foreign Affairs \838\ of the
House of Representatives and the Committee on Foreign Relations
of the Senate are notified of the amount and nature of the
proposed assistance at least 15 days in advance in accordance
with the procedures applicable to reprogrammings pursuant to
section 634A of this Act.
---------------------------------------------------------------------------
\838\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(e) \839\ Personnel of the Department of Defense and
members of the United States Armed Forces may not participate
in the provision of training under this section. Of the funds
made available to carry out this section, not more than
$10,000,000 may be made available in fiscal year 1991 \840\ to
carry out the provisions of subsection (b)(3) of this section.
The authority of this section shall expire on September 30,
1991.
---------------------------------------------------------------------------
\839\ Subsec. (e) was substantively amended by sec. 579 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988 (Continuing Appropriations for 1988; Public
Law 100-202; 101 Stat. 1329-181). Previously, it had an expiration date
of September 30, 1987. The authority of this section was further
extended from September 30, 1989, by the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public Law
101-167; 103 Stat. 1206); and from September 30, 1990, by the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1991 (Public Law 101-513; 104 Stat. 1990). For fiscal year 1992, Public
Law 102-145, as amended, waived the last sentence with certain
provisos.
\840\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 1990), struck out ``fiscal year 1990'' and inserted in lieu
thereof ``fiscal year 1991''. Previously, title II of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101-167; 103 Stat. 1206), struck out ``each of fiscal
years 1988 and 1989'' and inserted in lieu thereof ``fiscal year
1990''. Public Law 101-513 also amended the third sentence to extend
the authority of this section to 1991.
Sec. 2(b)(6) of the International Narcotics Control Act of 1990
(Public Law 101-623; 104 Stat. 3351), raised authorization from
$7,000,000 to $10,000,000, and extended authorization to 1991, which
was already extended by Public Law 101-513.
---------------------------------------------------------------------------
Sec. 535.\841\ Economic Support for Disadvantaged South
Africans. * * * [Repealed--1993]
---------------------------------------------------------------------------
\841\ Formerly at 22 U.S.C. 2346d. Sec. 4(a)(3)(B) of the South
African Democratic Transition Support Act of 1993 (Public Law 103-149;
107 Stat. 1505) repealed sec. 535. It originally was added by sec. 511
of Public Law 99-440 (100 Stat. 411). Sec. 535 provided up to
$40,000,000 in each fiscal year for or assistance for activities
supporting disadvantaged South Africans, including scholarships,
participation in trade unions, private enterprise, and alternative
education and community development programs.
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Chapter 5--International Military Education and Training \842\
Sec. 541.\843\ General Authority.--(a) \844\ The President
is authorized to furnish, on such terms and conditions
consistent with this Act as the President may determine (but
whenever feasible on a reimbursable basis), military education
and training to military and related civilian personnel of
foreign countries. Such civilian personnel shall include
foreign governmental personnel of ministries other than
ministries of defense, and may also include legislators \845\
and individuals who are not members of the government,\846\ if
the military education and training would (i) contribute to
responsible defense resource management, (ii) foster greater
respect for and understanding of the principle of civilian
control of the military, (iii) contribute to cooperation
between military and law enforcement personnel with respect to
counternarcotics law enforcement efforts, or (iv) \847\ improve
military justice systems and procedures in accordance with
internationally recognized human rights.\848\ Such training and
education may be provided through--
---------------------------------------------------------------------------
\842\ Sec. 106(a) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 732) added
chapter 5.
\843\ 22 U.S.C. 2347. See also the American Servicemembers'
Protection Act (title II of Public Law 107-206; 116 Stat. 899; 22
U.S.C. 7421 et seq.).
\844\ Sec. 534(l)(3)(A) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006 (Public Law
109-102; 119 Stat. 2211), struck out ``The President'' and inserted in
lieu thereof ``(a) The President''.
\845\ Sec. 10(1) of the International Narcotics Control Act of 1992
(Public Law 102-583; 106 Stat. 4934) inserted ``, and may also include
legislators,'' after ``ministries of defense''.
\846\ Sec. 112(a) of Public Law 104-164 (110 Stat. 1427) added
``and individuals who are not members of the government'' after
``legislators''.
\847\ Sec. 10(2) of the International Narcotics Control Act of 1992
(Public Law 102-583; 106 Stat. 4934) redesignated clause (iii) as (iv)
and inserted clause (iii).
\848\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 1997), added this sentence.
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(1) attendance at military educational and training
facilities in the United States (other than Service
academies) and abroad;
(2) attendance in special courses of instruction at
schools and institutions of learning or research in the
United States and abroad; and
(3) observation and orientation visits to military
facilities and related activities in the United States
and abroad.
(b) \849\ The President shall seek reimbursement for
military education and training furnished under this chapter
from countries using assistance under section 23 of the Arms
Export Control Act (22 U.S.C. 2763, relating to the Foreign
Military Financing Program) to purchase such military education
and training at a rate comparable to the rate charged to
countries receiving grant assistance for military education and
training under this chapter.
---------------------------------------------------------------------------
\849\ Sec. 534(l)(3)(B) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006 (Public Law
109-102; 119 Stat. 2211), added subsec. (b).
---------------------------------------------------------------------------
Sec. 542.\850\ Authorization.--There are authorized to be
appropriated to the President to carry out the purposes of this
chapter $56,221,000 for the fiscal year 1986 and $56,221,000
for the fiscal year 1987.\851\, \852\
---------------------------------------------------------------------------
\850\ 22 U.S.C. 2347a.
\851\ Sec. 104 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 195) added
authorization figures for fiscal year 1986 and 1987. Authorizations
under sec. 542 during recent years included the following: fiscal year
1976--$27,000,000; fiscal year 1977--$30,200,000; fiscal year 1978--
$31,000,000; fiscal year 1979--$31,800,000; fiscal year 1980--
$31,800,000; fiscal year 1981--$34,000,000; fiscal year 1982--
$42,000,000; fiscal year 1983--$42,000,000; fiscal year 1984--
$56,452,000; fiscal year 1985--no authorization; fiscal years 1988
through 2000--no authorization; fiscal year 2001 (in Public Law 106-
280)--$55,000,000; fiscal year 2002 (in Public Law 106-280)--
$65,000,000; fiscal year 2003 (in Public Law 107-228)--$85,000,000;
fiscal years 2004 through 2009--no authorization.
Title IV of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 855), provides the following:
---------------------------------------------------------------------------
``international military education and training
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $91,000,000, of which up to
$4,000,000 may remain available until expended and may only be provided
through the regular notification procedures of the Committees on
Appropriations: Provided, That the civilian personnel for whom military
education and training may be provided under this heading may include
civilians who are not members of a government whose participation would
contribute to improved civil-military relations, civilian control of
the military, or respect for human rights: Provided further, That funds
made available under this heading for assistance for Haiti, Guatemala,
the Democratic Republic of the Congo, Nigeria, Sri Lanka, Nepal,
Ethiopia, Bangladesh, Libya, and Angola may only be provided through
the regular notification procedures of the Committees on Appropriations
and any such notification shall include a detailed description of
proposed activities: Provided further, That of the funds appropriated
under this heading, not to exceed $55,000 shall be available for
entertainment allowances.''.
See also in that Act: sec. 7010--Reporting Requirement (123 Stat.
863); 7015--Reprogramming Notification Requirements (123 Stat. 865);
sec. 7020--Prohibition of Payment of Certain Expenses (123 Stat. 869);
sec. 7045--Western Hemisphere (123 Stat. 885); and sec. 7070--Africa
(123 Stat. 900).
Title XI of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1894), provides the following:
---------------------------------------------------------------------------
``international military education and training
---------------------------------------------------------------------------
``For an additional amount for `International Military Education
and Training', $2,000,000, to remain available until September 30,
2010, for assistance for Iraq.''.
\852\ Sec. 734(a)(1) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out
the second sentence of sec. 542. This sentence had prohibited training
under this section outside the United States after June 30, 1976,
unless the President reported and justified such training to the
Congress.
---------------------------------------------------------------------------
Sec. 543.\853\ Purposes.--Education and training activities
conducted under this chapter shall be designed--
---------------------------------------------------------------------------
\853\ 22 U.S.C. 2347b.
---------------------------------------------------------------------------
(1) to encourage effective and mutually beneficial
relations and increased understanding between the
United States and foreign countries in furtherance of
the goals of international peace and security;
(2) to improve the ability of participating foreign
countries to utilize their resources, including defense
articles and defense services obtained by them from the
United States, with maximum effectiveness, thereby
contributing to greater self-reliance by such
countries; and
(3) \854\ to increase the awareness of nationals of
foreign countries participating in such activities of
basic issues involving internationally recognized human
rights.
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\854\ Sec. 11(b)(3) of the International Security Assistance Act of
1978 (Public Law 95-384; 92 Stat. 736) added para. (3).
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Sec. 544.\855\ Exchange Training.--(a) \856\ In carrying
out this chapter, the President is authorized to provide for
attendance of foreign military personnel at professional
military education institutions in the United States \857\
(other than service academies) without charge, and without
charge to funds available to carry out this chapter
(notwithstanding section 632(d) of this Act), if such
attendance is pursuant to an agreement providing for the
exchange of students on a one-for-one, reciprocal basis each
fiscal year between those United States professional military
education institutions and comparable institutions of foreign
countries and international organizations.
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\855\ 22 U.S.C. 2347c. Added by sec. 126 of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
Stat. 205).
\856\ Sec. 112(b) of Public Law 104-164 (110 Stat. 1427) added
subsec. designation ``(a)'' and added subsec. (b).
\857\ Sec. 935 of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 provided the following:
``(a) Authority.--The United States Army Russian Institute in
Garmisch-Partenkirchen, Federal Republic of Germany, shall be treated
for purposes of section 544 of the Foreign Assistance Act of 1961 (22
U.S.C. 2347c) as if it were located in the United States.
``(b) Expiration of Authority.--Subsection (a) shall cease to be in
effect upon the enactment in foreign assistance authorizing legislation
of an amendment to section 544 of the Foreign Assistance Act of 1961
that provides the same authority as is provided by subsection (a).''.
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(b) \856\ The President may provide for the attendance of
foreign military and civilian defense personnel at flight
training schools and programs (including test pilot schools) in
the United States without charge, and without charge to funds
available to carry out this chapter (notwithstanding section
632(d) of this Act), if such attendance is pursuant to an
agreement providing for the exchange of students on a one-for-
one basis each fiscal year between those United States flight
training schools and programs (including test pilot schools)
and comparable flight training schools and programs of foreign
countries.
(c) \858\ (1) The President is authorized to enter into
cooperative arrangements providing for the participation of
foreign and United States military and civilian defense
personnel in post-undergraduate flying training and tactical
leadership programs at training locations in Southwest Asia
without charge to participating foreign countries, and without
charge to funds available to carry out this chapter
(notwithstanding section 632(d) of this Act). Such training
must satisfy common requirements with the United States for
post-undergraduate flying and tactical leadership training.
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\858\ Sec. 1213 of the Security Assistance Act of 2002 (division B
of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1433) added subsec. (c).
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(2) Cooperative arrangements under this subsection shall
require an equitable contribution of support and services from
each participating country. The President may waive the
requirement for an equitable contribution of a participating
foreign country if he determines that to do so is important to
the national security interests of the United States.
(3) Costs incurred by the United States shall be charged to
the current applicable appropriations accounts or funds of the
participating United States Government agencies.
Sec. 545.\859\ Training in Maritime Skills.--The President
is encouraged to allocate a portion of the funds made available
each fiscal year to carry out this chapter for use in providing
education and training in maritime search and rescue, operation
and maintenance of aids to navigation, port security, at-sea
law enforcement, international maritime law, and general
maritime skills.
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\859\ 22 U.S.C. 2347d. Added by sec. 127(a) of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
Stat. 205).
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SEC. 546.\860\ PROHIBITION ON GRANT ASSISTANCE FOR CERTAIN HIGH INCOME
FOREIGN COUNTRIES.
(a) In General.--None of the funds made available for a
fiscal year for assistance under this chapter may be made
available for assistance on a grant basis for any of the high-
income foreign countries described in subsection (b) for
military education and training of military and related
civilian personnel of such country.
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\860\ 22 U.S.C. 2347c. Added by sec. 112(c)(1) of Public Law 104-
164 (110 Stat. 1427).
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(b) High-Income Foreign Countries Described.--The high-
income foreign countries described in this subsection are
Austria, Finland, the Republic of Korea, Singapore, and Spain.
SEC. 547.\861\ CONSULTATION REQUIREMENT.
The selection of foreign personnel for training under this
chapter shall be made in consultation with the United States
defense attache to the relevant country.
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\861\ 22 U.S.C. 2347f. Added by sec. 202 of the Security Assistance
Act of 2000 (Public Law 106-280; 114 Stat. 851).
---------------------------------------------------------------------------
SEC. 548.\862\ RECORDS REGARDING FOREIGN PARTICIPANTS.
(a) Development and Maintenance of Database.--In \863\
order to contribute most effectively to the development of
military professionalism in foreign countries, the Secretary of
Defense shall develop and maintain a database containing
records on each foreign military or defense ministry civilian
participant in education and training activities conducted
under this chapter after December 31, 2000. This record shall
include the type of instruction received, the dates of such
instruction, whether such instruction was completed
successfully, and, to the extent practicable, a record of the
person's subsequent military or defense ministry career and
current position and location.
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\862\ 22 USC 2347g. Added by sec. 202 of the Security Assistance
Act of 2000 (Public Law 106-280; 114 Stat. 851).
Sec. 581 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117
Stat. 213), provided the following:
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``training program evaluation
---------------------------------------------------------------------------
``Sec. 581. Not later than June 30, 2003, the Secretary of State,
in consultation with the Secretary of Defense, shall submit a report to
the Committees on Appropriations describing in detail the steps that
the Departments of State and Defense are making to improve performance
evaluation procedures for the International Military Education and
Training (IMET) program and the progress that the Departments of State
and Defense are making in implementing section 548 of the Foreign
Assistance Act of 1961.''.
\863\ Sec. 1212(b)(1) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1429) struck out ``In''
and inserted in lieu thereof ``(a) Development and Maintenance of
Database.--In''.
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(b) \864\ Annual List of Foreign Personnel.--For the
purposes of preparing the report required pursuant to section
549 of this Act, the Secretary of State may annually request
the Secretary of Defense to provide information contained in
the database, with respect to a list submitted to the Secretary
of Defense by the Secretary of State, that contains the names
of foreign personnel or military units. To the extent
practicable, the Secretary of Defense shall provide, and the
Secretary of State may take into account, the information
contained in the database, if any, relating to the Secretary of
State's submission.
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\864\ Sec. 1212(b)(2) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1429) added subsecs.
(b) and (c).
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(c) \864\ Updating of Database.--If the Secretary of State
determines and reports to Congress under section 549 of this
Act that a foreign person identified in the database maintained
pursuant to this section was involved in a violation of
internationally recognized human rights, the Secretary of
Defense shall ensure that the database is updated to contain
such fact and all relevant information.
SEC. 549.\865\ HUMAN RIGHTS REPORT.
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\865\ 22 U.S.C. 2347h. Added by sec. 1212(a) of the Security
Assistance Act of 2002 (division B of Public Law 107-228; 116 Stat.
1428).
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(a) In General.--Not later than March 1 of each year, the
Secretary of State shall submit to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report describing, to the extent practicable, any
involvement of a foreign military or defense ministry civilian
participant in education and training activities under this
chapter in a violation of internationally recognized human
rights reported under section 116(d) of this Act subsequent to
such participation.
(b) Form.--The report described in subsection (a) shall be
in unclassified form, but may include a classified annex.
Chapter 6--Peacekeeping Operations \866\
Sec. 551.\867\ General Authority.--The President is
authorized to furnish assistance to friendly countries and
international organizations, on such terms and conditions as he
may determine, for peacekeeping operations and other programs
carried out in furtherance of the national security interests
of the United States. Such assistance may include reimbursement
to the Department of Defense for expenses incurred pursuant to
section 7 of the United Nations Participation Act of 1945,\868\
except that such reimbursements may not exceed $5,000,000 in
any fiscal year unless a greater amount is specifically
authorized by this section.\869\
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\866\ Sec. 12(a) of the International Security Assistance Act of
1978 (Public Law 95-384; 92 Stat. 736) added chapter 6.
\867\ 22 U.S.C. 2348.
\868\ For text, see Legislation on Foreign Relations Through 2008,
vol. II-B.
\869\ Sec. 10(b) of the International Security Assistance Act of
1979 (Public Law 96-92; 93 Stat. 705) added this sentence.
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Sec. 552.\870\ Authorization of Appropriations.--(a) There
are authorized to be appropriated to the President to carry out
the purposes of this chapter, in addition to amounts otherwise
available for such purposes, $37,000,000 for the fiscal year
1986 and $37,000,000 for the fiscal year 1987.\871\
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\870\ 22 U.S.C. 2348a.
\871\ The authorization figures for fiscal years 1986 and 1987 were
added by sec. 105(a) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 195).
Authorizations under sec. 552 during recent years included the
following: fiscal year 1979--$30,900,000; fiscal year 1980--
$21,100,000; fiscal year 1981--$25,000,000; fiscal year 1982--
$19,000,000; fiscal year 1983--$19,000,000; fiscal year 1984--
$46,200,000; fiscal year 1985--no authorization; fiscal years 1988
through 1997--no authorization; fiscal year 1998 (in Public Law 105-
277)--$77,500,000; fiscal year 1999 (in Public Law 105-277)--
$83,000,000; fiscal year 2000 (in Public Law 106-113)--$500,000,000 ;
fiscal year 2001 (in Public Law 106-113)--``such funds as may be
necessary''; fiscal year 2002--no authorization; fiscal year 2003 (in
Public Law 107-228)--$725,981,000; fiscal years 2004 through 2009--no
authorization.
For fiscal year 2003, sec. 113 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat.
1358), provided the following:
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``sec. 107. contributions to international organizations.
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``(a) * * *
``(b) Contributions for International Peacekeeping Activities.--
There is authorized to be appropriated under the heading `Contributions
for International Peacekeeping Activities' $725,981,000 for the fiscal
year 2003 for the Department to carry out the authorities, functions,
duties, and responsibilities in the conduct of the foreign affairs of
the United States with respect to international peacekeeping activities
and to carry out other authorities in law consistent with such
purposes.''.
The Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8), waives the
requirements for authorization, and title IV of that Act (123 Stat.
854) provides the following:
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``peacekeeping operations
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $250,200,000: Provided, That of
the funds appropriated under this heading, not less than $25,000,000
shall be made available for a United States contribution to the
Multinational Forces and Observers mission in the Sinai: Provided
further, That none of the funds appropriate under this heading shall be
obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.''.
See also in that Act: sec. 7010--Reporting Requirement (123 Stat.
863); sec. 7015--Reprogramming Notification Requirements (123 Stat.
865); sec. 7034--Special Authorities (123 Stat. 877); and sec. 7045--
Western Hemisphere (123 Stat. 885).
Title XI of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1894), provides the following:
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``Peacekeeping Operations
---------------------------------------------------------------------------
``For an additional amount for `Peacekeeping Operations',
$185,000,000, to remain available until September 30, 2010: Provided,
That up to $168,000,000 may be made available for assistance for
Somalia, of which up to $115,900,000 may be used to pay assessed
expenses of international peacekeeping activities in Somalia: Provided
further, That of the funds appropriated under this heading, $15,000,000
shall be made available for assistance for the Democratic Republic of
the Congo and $2,000,000 shall be made available for the Multinational
Force and Observer mission in the Sinai.''.
Sec. 4(b)(1) of Public Law 97-132 (95 Stat. 1694) authorized an
additional $125,000,000 to carry out this chapter during fiscal year
1982 for use in paying the U.S. contribution to the budget of the
Multinational Force and Observers in Sinai. See Legislation on Foreign
Relations Through 2008, vol. II-B.
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(b) Amounts appropriated under this section are authorized
to remain available until expended.
(c) \872\ If the President determines that, as the result
of an unforeseen emergency, the provision of assistance under
this chapter in amounts in excess of funds otherwise available
for such assistance is important to the national interests of
the United States, the President may (1) exercise the authority
of section 610(a) of this Act to transfer funds available to
carry out chapter 4 of this part for use under this chapter
without regard to the 20-percent increase limitation contained
in such section, except that the total amount so transferred in
any fiscal year may not exceed $15,000,000; and \873\ (2) \874\
in the event the President also determines that such unforeseen
emergency requires the immediate provision of assistance under
this chapter, direct the drawdown of commodities and services
from the inventory and resources of any agency of the United
States Government of an aggregate value not to exceed
$25,000,000 in any fiscal year.
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\872\ Sec. 10(c) of the International Security Assistance Act of
1979 (Public Law 96-92; 93 Stat. 705) added subsec. (c).
Sec. 7049 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 892), provides the following:
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``war crimes tribunals drawdown
---------------------------------------------------------------------------
``Sec. 7049. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961 of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That funds
made available for tribunals other than the International Criminal
Tribunal for the former Yugoslavia, the International Criminal Tribunal
for Rwanda, or the Special Court for Sierra Leone shall be made
available subject to the regular notification procedures of the
Committees on Appropriations.''.
\873\ Sec. 114(b) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1528) increased
the amount which may be transferred in any fiscal year from $10,000,000
to $15,000,000 and deleted language prohibiting earmarked funds from
being transferred.
\874\ Sec. 105(b) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 195) added subsec.
(c)(2), and subsec. (d).
On September 29, 2006, the President determined that: ``(1) as a
result of an unforeseen emergency, the provision of assistance under
Chapter 6 of Part II of the Act in amounts in excess of funds otherwise
available for such assistance is important to the national interests of
the United States; and (2) such unforeseen emergency requires the
immediate provision of assistance under Chapter 6 of Part II of the
Act. I therefore direct the drawdown of up to $2,999,000 in commodities
and services from the Department of Defense to support the
transportation of Indonesian forces in support of the United Nations
Interim Force in Lebanon.'' (Presidential Determination No. 2006-26; 71
F.R. 65035).
On July 15, 2005, the President made a similar determination to
draw down up to $6 million in commodities and services to support the
transportation of African Union forces to Darfur, Sudan (Presidential
Determination No. 2005-30; 70 F.R. 43257).
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(d) \874\ There are authorized to be appropriated to the
President such sums as may be necessary to reimburse the
applicable appropriation, fund, or account for commodities and
services provided under subsection (c)(2).
Sec. 553.\875\ Middle East Special Requirements Fund. * * *
[Repealed--1980]
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\875\ The Middle East Special Requirements Fund was originally
added as sec. 903 of this Act by the FA Act of 1974 and moved to sec.
553 by the International Security Assistance Act of 1978 (Public Law
95-384; 92 Stat. 737). Sec. 553 was repealed by sec. 116(b) of the
International Security and Development Cooperation Act of 1980 (Public
Law 96-533; 94 Stat. 3140).
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Sec. 553.\876\ Administrative Authorities.--Except where
expressly provided to the contrary, any reference in any law to
part I of this Act shall be deemed to include reference to this
chapter and any reference in any law to part II of this Act
shall be deemed to exclude reference to this chapter.
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\876\ 22 U.S.C. 2348c. Originally added as sec. 554 by sec. 12(a)
of Public Law 95-384 (92 Stat. 737). Redesignated as sec. 553 by sec.
116(b) of the International Security and Development Cooperation Act of
1980 (Public Law 96-533; 94 Stat. 3140).
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SEC. 554.\877\ DATA ON COSTS INCURRED IN SUPPORT OF UNITED NATIONS
PEACEKEEPING OPERATIONS.
(a) United States Costs.--The President shall annually
provide to the Secretary General of the United Nations data
regarding all costs incurred by the United States Department of
Defense during the preceding year in support of all United
Nations Security Council resolutions as reported to the
Congress pursuant to section 8079 of the Department of Defense
Appropriations Act, 1998.
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\877\ 22 U.S.C. 2348d. Sec. 722 of the Admiral James W. Nance and
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law
106-113; 113 Stat. 1536), added sec. 554.
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(b) United Nations Member Costs.--The President shall
request that the United Nations compile and publish information
concerning costs incurred by United Nations members in support
of such resolutions.
Chapter 7--Air Base Construction in Israel \878\
Sec. 561.\879\ General Authority.--The President is
authorized--
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\878\ Sec. 3 of the Special International Security Assistance Act
of 1979 (Public Law 96-35; 93 Stat. 89) added chapter 7.
\879\ 22 U.S.C. 2349.
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(1) to construct such air bases in Israel for the
Government of Israel as may be agreed upon between the
Government of Israel and the Government of the United
States to replace the Israeli airbases located at
Etzion and Etam on the Sinai peninsula that are to be
evacuated by the Government of Israel; and
(2) for purposes of such construction, to furnish as
a grant to the Government of Israel, on such terms and
conditions as the President may determine, defense
articles and defense services, which he may acquire
from any source, of a value not to exceed the amount
appropriated pursuant to section 562(a).
Sec. 562.\880\ Authorization and Utilization of Funds.--(a)
There is authorized to be appropriated to the President to
carry out this chapter not to exceed $800,000,000, which may be
made available until expended.\881\
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\880\ 22 U.S.C. 2349a.
\881\ The Supplemental Appropriations Act, 1979 (Public Law 96-35;
93 Stat. 103), provided the following:
``For necessary expenses to carry out the provisions of chapter 7
of the Foreign Assistance Act of 1961, as amended, $800,000,000, to
remain available until expended: Provided, That authority to enter into
contracts may be exercised to the extent necessary to carry out the
purposes of that chapter.''.
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(b) Upon agreement by the Government of Israel to provide
to the Government of the United States funds equal to the
difference between the amount required to complete the agreed
construction work and the amount appropriated pursuant to
subsection (a) of this section, and to make those funds
available, in advance of the time when payments are due, in
such amounts and at such times as may be required by the
Government of the United States to meet those additional costs
of construction, the President may incur obligations and enter
into contracts to the extent necessary to complete the agreed
construction work, except that this authority shall be
effective only to such extent or in such amounts as are
provided in advance in appropriation Acts.
(c) Funds made available by the Government of Israel
pursuant to subsection (b) of this section may be credited to
the appropriation account established to carry out the purposes
of this section for the payment of obligations incurred and for
refund to the Government of Israel if they are unnecessary for
that purpose, as determined by the President. Credits and the
proceeds of guaranteed loans made available to the Government
of Israel pursuant to the Arms Export Control Act, as well as
any other source of financing available to it, may be used by
Israel to carry out its undertaking to provide such additional
funds.
Sec. 563.\882\ Waiver Authorities.--(a) It is the sense of
the Congress that the President should take all necessary
measures consistent with law to insure the efficient and timely
completion of the construction authorized by this chapter,
including the exercise of authority vested in him by section
633(a) of this Act.
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\882\ 22 U.S.C. 2349b. See also sec. 6 of Executive Order 11223,
which pertains to the administration of this chapter, in Legislation on
Foreign Relations Through 2008, vol. I-B.
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(b) The provisions of paragraph (3) of section 636(a) of
this Act shall be applicable to the use of funds available to
carry out this chapter, except that no more than sixty persons
may be engaged at any one time under that paragraph for
purposes of this chapter.
Chapter 8--Antiterrorism Assistance \883\
Sec. 571.\884\ General Authority.--Notwithstanding any
other provision of law that restricts assistance to foreign
countries (other than sections 502B and 620A of this Act),\885\
the President is authorized to furnish, on such terms and
conditions as the President may determine, assistance to
foreign countries in order to enhance the ability of their law
enforcement personnel to deter terrorists and terrorist groups
from engaging in international terrorist acts such as bombing,
kidnaping, assassination, hostage taking, and hijacking. Such
assistance may include training services and the provision of
equipment and other commodities related to bomb detection and
disposal, management of hostage situations, physical security,
and other matters relating to the detection, deterrence, and
prevention of acts of terrorism, the resolution of terrorist
incidents, and the apprehension of those involved in such acts.
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\883\ The International Security and Development Assistance
Authorizations Act of 1983 (sec. 101(b)(2) of the Further Continuing
Appropriations, 1984; Public Law 98-151; 97 Stat. 972) added chapter 8.
Pursuant to Public Law 98-151, chapter 8 was enacted as contained in
title II of H.R. 2992, as reported by the House Committee on Foreign
Affairs on May 17, 1983, except for sec. 575 (redesignated in 1996 as
sec. 574), which was included in Public Law 98-151.
Sec. 122 of Public Law 104-164 (110 Stat. 1428) provided the
following:
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``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).''.
\884\ 22 U.S.C. 2349aa. Delegation of Authority No. 145 (February
4, 1984) delegated the functions conferred upon the President by
chapter 8 to the Director of the Office for Combating Terrorism.
\885\ Sec. 121(a) of Public Law 104-164 (110 Stat. 1428) struck out
``Subject to the provisions of this chapter'', and inserted in lieu
thereof ``Notwithstanding any other provision of law that restricts
assistance to foreign countries (other than sections 502B and 620A of
this Act)''.
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Sec. 572.\886\ Purposes.--Activities conducted under this
chapter shall be designed--
---------------------------------------------------------------------------
\886\ 22 U.S.C. 2349aa-1.
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(1) to enhance the antiterrorism skills of friendly
countries by providing training and equipment to deter
and counter terrorism;
(2) to strengthen the bilateral ties of the United
States with friendly governments by offering concrete
assistance in this area of great mutual concern; and
(3) to increase respect for human rights by sharing
with foreign civil authorities modern, humane, and
effective antiterrorism techniques.
Sec. 573.\887\ Limitations.--(a) Whenever the President
determines it to be consistent with and in furtherance of the
purposes of this chapter, and on such terms and conditions
consistent with this Act as he may determine, any agency of the
United States Government is authorized to furnish services and
commodities, without charge to funds available to carry out
this chapter, to an eligible foreign country, subject to
payment in advance of the value thereof (within the meaning of
section 644(m)) in United States dollars by the foreign
country. Credits and the proceeds of guaranteed loans made
available to such countries pursuant to the Arms Export Control
Act shall not be used for such payments. Collections under this
chapter shall be credited to the currently applicable
appropriation, account, or fund of the agency providing such
services and commodities and shall be available for the
purposes for which such appropriation, account, or fund is
authorized to be used.
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\887\ 22 U.S.C. 2349aa-2. Sec. 121(b)(1) of Public Law 104-164 (110
Stat. 1428) struck out ``Specific Authorities and'' from the section
heading. Sec. 121(b)(2) of that Public Law struck out subsec. (a) of
this section and redesignated subsecs. (b) through (f) as subsecs. (a)
through (e), respectively. Subsec. (f), however, had been struck out
previously by Public Law 104-132 (see note below). Subsec. (a) had read
as follows:
``(a) Notwithstanding section 660 of this Act, services and
commodities may be granted for the purposes of this chapter to eligible
foreign countries, subject to reimbursement of the value thereof
(within the meaning of section 644(m)) pursuant to section 632 of this
Act from funds available to carry out this chapter.''.
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(b) The Assistant Secretary of State for Democracy, Human
Rights, and Labor \888\ shall be consulted in the \889\
determinations of the foreign countries that will be furnished
assistance under this chapter and determinations of the nature
of assistance to be furnished to each such country.
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\888\ Sec. 163(e)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), amended
the title designation by striking out ``Human Rights and Humanitarian
Affairs'', and inserting in lieu thereof ``Democracy, Human Rights, and
Labor''.
\889\ Sec. 328(a)(1) of the Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1257) struck out
``development and implementation of the antiterrorism assistance
program under this chapter, including'' at this point.
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(c) \890\ (1) Arms and ammunition may be provided under
this chapter only if they are directly related to antiterrorism
assistance.
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\890\ Subsec. (c), redesignated from subsec. (d) by sec. 121(b)(3)
of Public Law 104-164 (110 Stat. 1428), was amended and restated by
sec. 328(a)(2) of the Antiterrorism and Effective Death Penalty Act of
1996 (Public Law 104-132; 110 Stat. 1257). Portions were amended and
restated earlier by sec. 213(b) of Public Law 101-604 (104 Stat. 3086),
sec. 507 of Public Law 99-399 (100 Stat. 873).
In view of amendments to this subsection by Public Law 104-132,
amendments contained in sec. 121(b)(4) of Public Law 104-164 (110 Stat.
1428) cannot be executed. Sec. 121(b)(4) of that Public Law required:
``(b) Limitations.--Section 573 of such Act (22 U.S.C. 2349aa-2) is
amended--
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* * * * * * *
``(4) in subsection (c) (as redesignated)--
``(A) by striking paragraphs (1) and (2);
``(B) by redesignating paragraphs (3) through (5) as paragraphs (1)
through (3), respectively; and
``(C) by amending paragraph (2) (as redesignated) to read as follows:
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`` `(2)(A) Except as provided in subparagraph (B), funds made
available to carry out this chapter shall not be made available for the
procurement of weapons and ammunition.
`` `(B) Subparagraph (A) shall not apply to small arms and
ammunition in categories I and III of the United States Munitions List
that are integrally and directly related to antiterrorism training
provided under this chapter if, at least 15 days before obligating
those funds, the President notifies the appropriate congressional
committees specified in section 634A of this Act in accordance with the
procedures applicable to reprogramming notifications under such
section.
`` `(C) The value (in terms of original acquisition cost) of all
equipment and commodities provided under this chapter in any fiscal
year may not exceed 25 percent of the funds made available to carry out
this chapter for that fiscal year.' ''.
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(2) The value (in terms of original acquisition cost) of
all equipment and commodities provided under this chapter in
any fiscal year shall not exceed 30 percent of the funds made
available to carry out this chapter for that fiscal year.
(d) This chapter does not apply to information exchange
activities conducted by agencies of the United States
Government under other authority for such purposes.
(f) \891\ [Repealed--1996]
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\891\ Subsec. (f) was added by sec. 501(c) of Public Law 99-83 (99
Stat. 221), and struck out by sec. 328(a)(3) of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat.
1257). It had read as follows:
``(f) Funds made available to carry out this chapter may not be
used for personnel compensation or benefits.''.
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Sec. 574.\892\ * * * [Repealed--1996]
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\892\ Formerly at 22 U.S.C. 2349aa-3. Sec. 121(c) of Public Law
104-164 (110 Stat. 1428) repealed sec. 574, which had required reports
to Congress on antiterrorism assistance.
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Sec. 574.\893\ Authorizations of Appropriations.--(a) There
are authorized to be appropriated to the President to carry out
this chapter $72,000,000 for fiscal year 2001, $73,000,000 for
fiscal year 2002, and $64,200,000 for fiscal year 2003.
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\893\ 22 U.S.C. 2349aa-4. Redesignated from sec. 575 to sec. 574 by
sec. 121(d) of Public Law 104-164 (110 Stat. 1428). Sec. 1251 of the
Security Assistance Act of 2002 (division B of the Foreign Relations
Authorization Act, Fiscal Year 2003; Public Law 107-228; 116 Stat.
1433) added funding levels for fiscal year 2003. Previously, sec. 401
of the Security Assistance Act of 2000 (Public Law 106-280; 114 Stat.
854) struck out funding levels of ``$9,840,000 for the fiscal year 1986
and $14,680,000 for the fiscal year 1987'' and inserted in lieu thereof
``$72,000,000 for fiscal year 2001 and $73,000,000 for fiscal year
2002.''. Authorization for fiscal year 1986 was enacted by sec. 501(a)
of the International Security and Development Cooperation Act of 1985
(Public Law 99-83; 99 Stat. 219). The authorization for fiscal year
1987 of $14,680,000 was inserted in lieu of the amount of $9,840,000
(originally enacted by Public Law 99-83) by sec. 401 of Public Law 99-
399 (100 Stat. 862). Previous authorizations include: fiscal year
1984--$5,000,000; fiscal year 1985--no authorization; fiscal year
1986--$9,840,000; fiscal year 1987--$14,680,000; fiscal years 1988
through 2000--no authorization; fiscal year 2001--$72,000,000; fiscal
year 2002--$73,000,000; fiscal year 2003--$64,200,000; and fiscal years
2004 through 2009--no authorization.
Title III of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 850), provides the following:
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``nonproliferation, anti-terrorism, demining and related programs
---------------------------------------------------------------------------
``For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $525,000,000, to carry
out the provisions of chapter 8 of part II of the Foreign Assistance
Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the
Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act,
section 23 of the Arms Export Control Act or the Foreign Assistance Act
of 1961 for demining activities, the clearance of unexploded ordnance,
the destruction of small arms, and related activities, notwithstanding
any other provision of law, including activities implemented through
nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided, That of this amount not to exceed $41,000,000, to
remain available until expended, may be made available for the
Nonproliferation and Disarmament Fund, notwithstanding any other
provision of law, to promote bilateral and multilateral activities
relating to nonproliferation and disarmament: Provided further, That
such funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the
United States to do so: Provided further, That funds appropriated under
this heading may be made available for IAEA only if the Secretary of
State determines (and so reports to the Congress) that Israel is not
being denied its right to participate in the activities of that Agency:
Provided further, That of the funds appropriated under this heading,
not more than $750,000 may be made available for public-private
partnerships for conventional weapons and mine action by grant,
cooperative agreement or contract: Provided further, That of the funds
made available for demining and related activities, not to exceed
$700,000, in addition to funds otherwise available for such purposes,
may be used for administrative expenses related to the operation and
management of the demining program: Provided further, That funds
appropriated under this heading that are available for `Anti-terrorism
Assistance' and `Export Control and Border Security' shall remain
available until September 30, 2010.''.
See also in that Act: sec. 7015--Reprogramming Notification
Requirements (123 Stat. 865); sec. 7019--Allocations (123 Stat. 868);
sec. 7042--Iraq (123 Stat. 883); and sec. 7082--Extradition (123 Stat.
910).
Title XI of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1894), provides the following:
---------------------------------------------------------------------------
``nonproliferation, anti-terrorism, demining and related programs
---------------------------------------------------------------------------
``For an additional amount for `Nonproliferation, Anti-Terrorism,
Demining and Related Programs', $102,000,000, to remain available until
September 30, 2010, of which up to $77,000,000 may be made available
for the Nonproliferation and Disarmament Fund, notwithstanding any
other provision of law, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament and weapons
destruction, and shall remain available until expended: Provided, That
funds made available for the Nonproliferation and Disarmament Fund
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, That the Secretary of State shall work assiduously to
facilitate the regular flow of people and licit goods in and out of
Gaza at established border crossings.''.
Sec. 328(b) of the Antiterrorism and Effective Death Penalty Act of
1996 (Public Law 104-132; 110 Stat. 1257) provided the following:
``(b) Assistance to Foreign Countries To Procure Explosives
Detection Devices and Other Counterterrorism Technology.--(1) Subject
to section 575(b) [redesignated as sec. 574(b)], up to $3,000,000 in
any fiscal year may be made available--
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``(A) to procure explosives detection devices and other counterterrorism
technology; and
``(B) for joint counterterrorism research and development projects on
such technology conducted with NATO and major non-NATO allies under the
auspices of the Technical Support Working Group of the Department of State.
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``(2) As used in this subsection, the term `major non-NATO allies'
means those countries designated as major non-NATO allies for purposes
of section 2350a(i)(3) of title 10, United States Code.
``(c) Assistance to Foreign Countries.--Notwithstanding any other
provision of law (except section 620A of the Foreign Assistance Act of
1961) up to $1,000,000 in assistance may be provided to a foreign
country for counterterrorism efforts in any fiscal year if--
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``(1) such assistance is provided for the purpose of protecting the
property of the United States Government or the life and property of any
United States citizen, or furthering the apprehension of any individual
involved in any act of terrorism against such property or persons; and
``(2) the appropriate committees of Congress are notified not later than
15 days prior to the provision of such assistance.''.
(b) Amounts appropriated under this section are authorized
to remain available until expended.
Sec. 575.\894\ Administrative Authorities.--Except where
expressly provided to the contrary, any reference in any law to
part I of this Act shall be deemed to include reference to this
chapter and any reference in any law to part II of this Act
shall be deemed to exclude reference to this chapter.
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\894\ 22 U.S.C. 2349aa-5. Redesignated from sec. 576 to sec. 575 by
sec. 121(d) of Public Law 104-164 (110 Stat. 1428).
---------------------------------------------------------------------------
Sec. 577.\895\ * * * [Repealed--1985]
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\895\ Formerly at 22 U.S.C. 2349aa-6. Repealed by sec. 501(d) of
the International Security and Development Cooperation Act of 1985
(Public Law 99-83; 99 Stat. 220). The authorities under this chapter
would have expired on September 30, 1985.
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CHAPTER 9--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE \896\
SEC. 581.\897\ PURPOSES.
The purposes of assistance under this chapter are to halt
the proliferation of nuclear, chemical, and biological weapons,
and conventional weaponry, through support of activities
designed--
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\896\ Sec. 301 of the Security Assistance Act of 2000 (Public Law
106-280; 114 Stat. 851) added chapter 9, secs. 581-585. Sec. 584 and
585 were subsequently redesignated as secs. 585 and 586, respectively,
by sec. 1303 of the Security Assistance Act of 2002 (division B of the
Foreign Relations Authorization Act, Fiscal Year 2003; Public Law 107-
228; 116 Stat. 1436), which also added a new sec. 584.
\897\ 22 U.S.C. 2349bb.
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(1) to enhance the nonproliferation and export
control capabilities of friendly countries by providing
training and equipment to detect, deter, monitor,
interdict, and counter proliferation;
(2) to strengthen the bilateral ties of the United
States with friendly governments by offering concrete
assistance in this area of vital national security
interest;
(3) to accomplish the activities and objectives set
forth in sections 503 and 504 of the FREEDOM Support
Act (22 U.S.C. 5853, 5854), without regard to the
limitation of those sections to the independent states
of the former Soviet Union; and
(4) to promote multilateral activities, including
cooperation with international organizations, relating
to nonproliferation.
SEC. 582.\898\ AUTHORIZATION OF ASSISTANCE.
Notwithstanding any other provision of law (other than
section 502B or section 620A of this Act), the President is
authorized to furnish, on such terms and conditions as the
President may determine, assistance in order to carry out the
purposes of this chapter. Such assistance may include training
services and the provision of funds, equipment, and other
commodities related to the detection, deterrence, monitoring,
interdiction, and prevention or countering of proliferation,
the establishment of effective nonproliferation laws and
regulations, and the apprehension of those individuals involved
in acts of proliferation of such weapons.
---------------------------------------------------------------------------
\898\ 22 U.S.C. 2349bb-1.
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SEC. 583.\899\ TRANSIT INTERDICTION.
(a) Allocation of Funds.--In providing assistance under
this chapter, the President shall ensure that, beginning in
fiscal year 2007,\900\ not less than one-quarter of the total
of such assistance is obligated \901\ for the purpose of
enhancing the capabilities of friendly countries to detect and
interdict proliferation-related shipments of cargo to non-state
actors and states of proliferation concern.\902\
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\899\ 22 U.S.C. 2349bb-2. Sec. 10(a) and (b) of the Department of
State Authorities Act of 2006 (Public Law 109-472; 120 Stat. 3557)
provided the following:
``(a) Assistance.--Consistent with section 583 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2349bb-2), as amended by subsection
(c), the President is authorized to provide assistance to friendly
foreign countries for proliferation detection and interdiction
activities and for developing complementary capabilities.
``(b) Report on Existing Proliferation Detection and Interdiction
Assistance.--
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``(1) Report required.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the Committee on
International Relations of the House of Representatives and the Committee
on Foreign Relations of the Senate a report on proliferation and
interdiction assistance.
``(2) Content.--The report required under paragraph (1) shall--
``(A) specify in detail, including program cost, on a country-by-country
basis, the assistance being provided by the Department of State to train
and equip personnel in friendly foreign countries in the detection and
interdiction of proliferation-related shipments of weapons of mass
destruction, related materials and means of delivery, and dual-use items of
proliferation concern; and
``(B) specify, on an agency-by-agency basis, funding that is being
transferred by the Department of State to other executive agencies to carry
out such programs.''.
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\900\ Sec. 10(c)(1)(A) of the Department of State Authorities Act
of 2006 (Public Law 109-472; 120 Stat. 3557) struck out ``should ensure
that'' and inserted in lieu thereof ``shall ensure that, beginning in
fiscal year 2007,''.
\901\ Sec. 10(c)(1)(B) of the Department of State Authorities Act
of 2006 (Public Law 109-472; 120 Stat. 3557) struck out ``expended''
and inserted in lieu thereof ``obligated''.
\902\ Sec. 10(c)(1)(C) of the Department of State Authorities Act
of 2006 (Public Law 109-472; 120 Stat. 3557) struck out ``that
originate from, and are destined for, other countries'' and inserted in
lieu thereof ``to non-state actors and states of proliferation
concern''.
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(b) Priority to Certain Countries.--Priority shall be given
in the apportionment of the assistance described under
subsection (a) to any friendly country that has been determined
by the Secretary of State to be a country frequently transited
by proliferation-related shipments of cargo.
(c) \903\ Cooperative Agreements.--In order to promote
cooperation regarding the interdiction of weapons of mass
destruction and related materials and delivery systems, the
President is authorized to conclude agreements, including
reciprocal maritime agreements, with other countries to
facilitate effective measures to prevent the transportation of
such items to non-state actors and states of proliferation
concern.
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\903\ Sec. 10(c)(2) of the Department of State Authorities Act of
2006 (Public Law 109-472; 120 Stat. 3557) added subsecs. (c) and (d).
---------------------------------------------------------------------------
(d) \903\ Determination and Notice to Congress.--The
Secretary of State shall notify the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate in writing not more than 30
days after making a determination that any friendly country has
been determined to be a country eligible for priority
consideration of any assistance under subsection (a). Such
determination shall set forth the reasons for such
determination, and may be submitted in classified and
unclassified form, as necessary.
SEC. 584.\904\ INTERNATIONAL NONPROLIFERATION EXPORT CONTROL TRAINING.
(a) General Authority.--The President is authorized to
furnish, on such terms and conditions consistent with this
chapter (but whenever feasible on a reimbursable basis),
education and training to appropriate military and civilian
personnel of foreign countries for the purpose of enhancing the
nonproliferation and export control capabilities of such
personnel through their attendance in special courses of
instruction conducted by the United States.
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\904\ 22 U.S.C. 2349bb-2a. Sec. 1303 of the Security Assistance Act
of 2002 (division B of the Foreign Relations Authorization Act, Fiscal
Year 2003; Public Law 107-228; 116 Stat. 1436) redesignated secs. 584
and 585 as secs. 585 and 586, respectively, and added a new sec. 584.
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(b) Administration of Courses.--The Secretary of State
shall have overall responsibility for the development and
conduct of international nonproliferation education and
training programs under this section, and may utilize other
departments and agencies of the United States, as appropriate,
to recommend personnel for the education and training and to
administer specific courses of instruction.
(c) Purposes.--Education and training activities conducted
under this section shall be--
(1) of a technical nature, emphasizing techniques for
detecting, deterring, monitoring, interdicting, and
countering proliferation;
(2) designed to encourage effective and mutually
beneficial relations and increased understanding
between the United States and friendly countries; and
(3) designed to improve the ability of friendly
countries to utilize their resources with maximum
effectiveness, thereby contributing to greater self-
reliance by such countries.
(d) Priority to Certain Countries.--In selecting personnel
for education and training pursuant to this section, priority
should be given to personnel from countries determined by the
Secretary of State to be countries frequently transited by
proliferation-related shipments of cargo.
SEC. 585.\905\ LIMITATIONS.
The limitations contained in section 573(a) and (d) of this
Act shall apply to this chapter.
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\905\ 22 U.S.C. 2349bb-3. Originally enacted as sec. 584;
redesignated as sec. 585 by sec. 1303(1) of the Security Assistance Act
of 2002 (division B of the Foreign Relations Authorization Act, Fiscal
Year 2003; Public Law 107-228; 116 Stat. 1436).
---------------------------------------------------------------------------
SEC. 586.\906\ AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to the President to carry out this chapter
$162,000,000 for fiscal year 2003.\907\
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\906\ 22 U.S.C. 2349bb-4. Originally enacted as sec. 585;
redesignated as sec. 586 by sec. 1303(1) of the Security Assistance Act
of 2002 (division B of the Foreign Relations Authorization Act, Fiscal
Year 2003; Public Law 107-228; 116 Stat. 1436).
Sec. 1301(b) of the Security Assistance Act of 2002 (division B of
the Foreign Relations Authorization Act, Fiscal Year 2003; Public Law
107-228; 116 Stat. 1433) provided the following:
``(b) Suballocations.--Of the amount authorized to be appropriated
to the President for fiscal year 2003 by section 585 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2349bb-4)--
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``(1) $2,000,000 is authorized to be available for such fiscal year for
the purpose of carrying out section 584 of the Foreign Assistance Act of
1961, as added by section 1303 of this Act; and
``(2) $65,000,000 for fiscal year 2003 are authorized to be available for
science and technology centers in the independent states of the former
Soviet Union.''.
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See also secs. 303 and 304 of the Security Assistance Act of 2000
(Public Law 106-280; 114 Stat. 853), in Legislation on Foreign
Relations Through 2008, vol. I-B.
\907\ Sec. 1301(a)(1) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1435) struck out ``$129,000,000 for
fiscal year 2001 and $142,000,000 for fiscal year 2002.'' and inserted
in lieu thereof ``$162,000,000 for fiscal year 2003.''.
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(b) Availability of Funds.--Funds made available under
subsection (a) may be used notwithstanding any other provision
of law (other than section 502B or 620A) and shall remain
available until expended.
(c) \908\ Treatment of Appropriations.--Amounts made
available by the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2002,\908\ under
``Nonproliferation, Antiterrorism, Demining, and Related
Programs'' and ``Assistance for the Independent States of the
Former Soviet Union'' accounts for the activities described in
subsection (d) shall be considered to be made available
pursuant to this chapter.
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\908\ Sec. 1301(a)(2) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1435) struck out ``Fiscal Year
2001'' in the subsec. heading; and in the text struck out ``2001'' and
inserted in lieu thereof ``2002''.
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(d) Covered Activities.--The activities referred to in
subsection (c) are--
(1) assistance under the Nonproliferation and
Disarmament Fund;
(2) assistance for science and technology centers in
the independent states of the former Soviet Union;
(3) export control assistance; and
(4) export control and border assistance under
chapter 11 of part I of the Foreign Assistance Act of
1961 (22 U.S.C. 2295 et seq.) or the FREEDOM Support
Act (22 U.S.C. 5801 et seq.).
PART III
Chapter 1--General Provisions
Sec. 601.\909\ Encouragement of Free Enterprise and Private
Participation.--(a) The Congress of the United States
recognizes the vital role of free enterprise in achieving
rising levels of production and standards of living essential
to economic progress and development. Accordingly, it is
declared to be the policy of the United States to encourage the
efforts of other countries to increase the flow of
international trade, to foster private initiative and
competition, to encourage the development and use of
cooperatives, credit unions, and savings and loan associations,
to discourage monopolistic practices, to improve the technical
efficiency of their industry, agriculture, and commerce, and to
strengthen free labor unions; and to encourage the contribution
of United States enterprise toward economic strength of less
developed friendly countries, through private trade and
investment abroad, private participation in programs carried
out under this Act (including the use of private trade channels
to the maximum extent practicable in carrying out such
programs), and exchange of ideas and technical information on
the matters covered by this subsection.
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\909\ 22 U.S.C. 2351.
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(b) In order to encourage and facilitate participation by
private enterprise to the maximum extent practicable in
achieving any of the purposes of this Act, the President
shall--
(1) make arrangements to find, and draw the attention
of private enterprise to opportunities for investment
and development in less developed countries and areas;
(2) establish an effective system for obtaining
adequate information with respect to the activities of,
and opportunities for, nongovernmental participation in
the development process, and for utilizing such
information in the planning, direction, and execution
of programs carried out under this Act, and in the
coordination of such programs with the ever-increasing
developmental activities of nongovernmental United
States institutions;
(3) \910\ accelerate a program of negotiating
treaties for commerce and trade, including tax
treaties, which shall include provisions to encourage
and facilitate the flow of private investment to, and
its equitable treatment in, friendly countries and
areas participating in programs under this Act;
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\910\ Sec. 301(a)(2) of the FA Act of 1966 redesignated paras. (2),
(3), (4), (5), and (6) as paras. (3), (4), (5), (6), and (7),
respectively, and added a new para. (2).
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(4) \910\ seek, consistent with the national
interest, compliance by other countries or areas with
all treaties for commerce and trade and taxes, and take
all reasonable measures under this Act or other
authority to secure compliance therewith and to assist
United States citizens in obtaining just compensation
for losses sustained by them or payments exacted from
them as a result of measures taken or imposed by any
country or area thereof in violation of any such
treaty;
(5) \910\ to the maximum extent practicable \911\
carry out programs of assistance through private
channels and to the extent practicable in conjunction
with local private or governmental participation,
including loans under the authority of section 122
\912\ to any individual, corporation, or other body of
persons; \911\
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\911\ Sec. 301(a)(2) of the FA Act of 1963 (Public Law 88-205)
struck out ``wherever appropriate'' and inserted in lieu thereof ``to
the maximum extent practicable'', and inserted a semicolon for a period
at the end of the paragraph.
\912\ Sec. 102(g)(2)(B) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) struck out
``201'' and inserted in lieu thereof ``122''.
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(6) \913\ take appropriate steps to discourage
nationalization, expropriation, confiscation, seizure
of ownership or control of private investment and
discriminatory or other actions, having the effect
thereof, undertaken by countries receiving assistance
under this Act, which divert available resources
essential to create new wealth, employment, and
productivity in those countries and otherwise impair
the climate for new private investment essential to the
stable economic growth and development of those
countries;
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\913\ Added by sec. 301(a)(3) of the FA Act of 1963 (Public Law 88-
205) as paras. (5) and (6). Redesignated as paras. (6) and (7) by sec.
301(a)(2) of the FA Act of 1966 (Public Law 89-583).
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(7) \913\ utilize wherever practicable the services
of United States private enterprise (including, but not
limited to, the services of experts and consultants in
technical fields such as engineering);
(8) \914\ utilize wherever practicable the services
of United States private enterprise on a cost-plus
incentive fee contract basis to provide the necessary
skills to develop and operate a specific project or
program of assistance in a less developed friendly
country or area in any case in which direct private
investment is not readily encouraged, and provide where
appropriate for the transfer of equity ownership in
such project or program to private investors at the
earliest feasible time.
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\914\ Sec. 301(a)(3) of the FA Act of 1966 (Public Law 89-583)
added para. (8).
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(c) \915\ (1) There is hereby established an International
Private Investment Advisory Council on Foreign Aid to be
composed of such number of leading American business
specialists as may be selected, from time to time, by the
Administrator of the Agency for International Development for
the purpose of carrying out the provisions of this
subsection.\916\ The members of the Council shall serve at the
pleasure of the Administrator, who shall designate one member
to serve as Chairman.
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\915\ Sec. 301(a)(4) of the FA Act of 1966 (Public Law 89-583)
amended and restated subsec. (c). It formerly read as follows:
``(c)(1) There is hereby established an Advisory Committee on
Private Enterprise in Foreign Aid. The Advisory Committee shall carry
out studies and make recommendations for achieving the most effective
utilization of the private enterprise provisions of this Act to the
head of the Agency charged with administering the programs under part I
of this Act, who shall appoint the Committee.
``(2) Members of the Advisory Committee shall represent the public
interest and shall be selected from the business, labor and
professional world, from the universities and foundations, and from
among persons with extensive experience in government. The Advisory
Committee shall consist of not more than nine members, and one of the
members shall be designated as chairman.
``(3) Members of the Advisory Committee shall receive no
compensation for their services but shall be entitled to reimbursement
in accordance with section 5 of the Administrative Expenses Act of 1946
(5 U.S.C. 73b2) for travel and other expenses incurred in attending
meetings of the Advisory Committee.
``(4) The Advisory Committee shall, if possible, meet not less
frequently than once each month, shall submit such interim reports as
the Committee finds advisable, and shall submit a final report not
later than June 30, 1965, whereupon the Committee shall cease to exist.
Such reports shall be made available to the public and to the Congress.
``(5) The expenses of the Committee, which shall not exceed
$50,000, shall be paid from funds otherwise available under this
Act.''.
\916\ This function of the Administrator of AID was transferred to
the Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2
of 1979 (establishing IDCA). The Reorganization Plan No. 2 of 1979
ceased to be effective with enactment of the Foreign Affairs Reform and
Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of
Public Law 105-277; 112 Stat. 2681).
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(2) It shall be the duty of the Council, at the request of
the Administrator, to make recommendations to the Administrator
with respect to particular aspects of programs and activities
under this Act where private enterprise can play a contributing
role and to act as liaison for the Administrator to involve
specific private enterprises in such programs and
activities.\916\
(3) The members of the Advisory Council shall receive no
compensation for their services but shall be entitled to
reimbursement in accordance with section 5703 of title 5 of the
United States Code \917\ for travel and other expenses incurred
by them in the performance of their functions under this
subsection.
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\917\ Sec. 301(a) of the FA Act of 1967 (Public Law 90-137) struck
out ``5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b2)''
and inserted in lieu thereof ``5703 of title 5 of the United States
Code''.
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(4) The expenses of the Advisory Council shall be paid by
the Administrator from funds otherwise available under this
Act.
(d) \918\ It is the sense of Congress that the Agency for
International Development should continue to encourage, to the
maximum extent consistent with the national interest, the
utilization of engineering and professional services of United
States firms (including, but not limited to, any corporation,
company, partnership, or other association) or by an affiliate
of such United States firms in connection with capital projects
financed by funds authorized under this Act.\919\
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\918\ Sec. 301(b) of the FA Act of 1964 (Public Law 88-633) added
subsec. (d).
\919\ This responsibility of the agency and its Administrator was
transferred to the Director of IDCA, pursuant to sec. 6 of
Reorganization Plan No. 2 of 1979 (establishing IDCA). The
Reorganization Plan No. 2 of 1979 ceased to be effective with enactment
of the Foreign Affairs Reform and Restructuring Act of 1998, pursuant
to sec. 1422(a)(1) (division G of Public Law 105-277; 112 Stat. 2681).
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(e) \920\ (1) The Congress finds that significantly greater
effort must be made in carrying out programs under part I of
this Act to award contracts on the basis of competitive
selection procedures. All such contracts should be let on the
basis of competitive selection procedures except in those
limited cases in which the procurement regulations governing
the agency primarily responsible for administering part I of
this Act allow noncompetitive procedures to be used.
---------------------------------------------------------------------------
\920\ Sec. 501 of the International Development and Food Assistance
Act of 1978 (Public Law 95-424; 92 Stat. 956) added subsec. (e).
---------------------------------------------------------------------------
(2) \921\ * * * [Repealed--1981]
---------------------------------------------------------------------------
\921\ Sec. 734(a)(1) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out
para. (2), which had required certain information to be supplied to
Congress within the congressional presentation materials for
development assistance in fiscal years 1980 and 1981 concerning
contracts entered into by AID without competitive selection procedures.
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Sec. 602.\922\ Small Business.--(a) Insofar as practicable
and to the maximum extent consistent with the accomplishment of
the purposes of this Act, the President shall assist American
small business to participate equitably in the furnishing of
commodities, defense articles, and services (including defense
services) financed with funds made available under this Act--
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\922\ 22 U.S.C. 2352.
---------------------------------------------------------------------------
(1) by causing to be made available to suppliers in
the United States, and particularly to small
independent enterprises, information, as far in advance
as possible, with respect to purchases proposed to be
financed with such funds;
(2) by causing to be made available to prospective
purchasers in the countries and areas receiving
assistance under this Act information as to such
commodities, articles, and services produced by small
independent enterprises in the United States; and
(3) by providing for additional services to give
small business better opportunities to participate in
the furnishing of such commodities, articles, and
services financed with such funds.
(b) There shall be an Office of Small Business, headed by a
Special Assistant for Small Business, in such agency of the
United States Government as the President may direct, to assist
in carrying out the provisions of subsection (a) of this
section.
(c) The Secretary of Defense shall assure that there is
made available to suppliers in the United States, and
particularly to small independent enterprises, information with
respect to purchases made by the Department of Defense pursuant
to part II, such information to be furnished as far in advance
as possible.
Sec. 603.\923\ Shipping on United States Vessels.--The
ocean transportation between foreign countries of commodities
and defense articles purchased with foreign currencies made
available or derived from funds made available under this Act
or the Food for Peace Act \924\ as amended (7 U.S.C. 1691 et
seq.), and transfers of fresh fruit and products thereof under
this Act shall not be governed by the provisions of section
901(b) of the Merchant Marine Act of 1936, as amended (46
U.S.C. 1241), or any other law relating to the ocean
transportation of commodities on United States flag vessels.
---------------------------------------------------------------------------
\923\ 22 U.S.C. 2353.
\924\ Sec. 3001(b) of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural
Trade Development and Assistance Act of 1954'' and inserted in lieu
thereof ``Food for Peace Act''.
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Sec. 604.\925\ Procurement.--(a)(1) Limitations on
Procurement Outside the United States.--Funds made available
for assistance under this Act may be used by the President for
procurement--
---------------------------------------------------------------------------
\925\ 22 U.S.C. 2354. Sec. 597 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1993 (Public Law
102-391; 106 Stat. 1694), restated sec. 604(a), which formerly read as
follows:
``Procurement.--(a) Funds made available under this Act may be used
for procurement outside the United States only if the President
determines that such procurement will not result in adverse effects
upon the economy of the United States or the industrial mobilization
base, with special reference to any areas of labor surplus or to the
net position of the United States in its balance of payments with the
rest of the world, which outweigh the economic or other advantages to
the United States of less costly procurement outside the United States,
and only if the price of any commodity procured in bulk is lower than
the market price prevailing in the United States at the time of
procurement, adjusted for differences in the cost of transportation to
destination, quality, and terms of payment.''.
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(A) only in the United States, the recipient country,
or developing countries; or
(B) in any other country but only if--
(i) the provision of such assistance requires
commodities or services of a type that are not
produced in and available for purchase in any
country specified in subparagraph (A); or
(ii) the President determines, on a case-by-
case basis, that procurement in such other
country is necessary--
(I) to meet unforeseen circumstances,
such as emergency situations, where it
is important to permit procurement in a
country not specified in subparagraph
(A); or
(II) to promote efficiency in the use
of United States foreign assistance
resources, including to avoid
impairment of foreign assistance
objectives.
(2) For purposes of this subsection, the term ``developing
countries'' shall not include advanced developing countries.
(b) No funds made available under this Act shall be used
for the purchase in bulk of any commodities at prices higher
than the market price prevailing in the United States at the
time of purchase, adjusted for differences in the cost of
transportation to destination, quality, and terms of payment.
(c) \926\ In providing for the procurement of any
agricultural commodity or product thereof available for
disposition under the Food for Peace Act \927\ as amended, for
transfer by grant under this Act to any recipient country in
accordance with its requirements, the President shall, insofar
as practicable and when in furtherance of the purposes of this
Act, authorize the procurement of such agricultural commodity
only within the United States except to the extent that such
agricultural commodity is not available in the United States in
sufficient quantities to supply emergency requirements of
recipients under this Act.
---------------------------------------------------------------------------
\926\ Sec. 301(b)(1) of the FA Act of 1966 (Public Law 89-583)
struck out ``surplus'' before ``agricultural'' and inserted ``or
product thereof available for disposition under the Agricultural Trade
Development and Assistance Act of 1954, as amended,''. For text of the
Agricultural Trade Development and Assistance Act, see Legislation on
Foreign Relations Through 2008, vol. I-B.
\927\ Sec. 3001(b) of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural
Trade Development and Assistance Act of 1954'' and inserted in lieu
thereof ``Food for Peace Act''.
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(d) In providing assistance in the procurement of
commodities in the United States, United States dollars shall
be made available for marine insurance on such commodities
where such insurance is placed on a competitive basis in
accordance with normal trade practice prevailing prior to the
outbreak of World War II: Provided, That in the event a
participating country, by statute, decree, rule, or regulation,
discriminates against any marine insurance company authorized
to do business in any State of the United States, then
commodities purchased with funds provided hereunder and
destined for such country shall be insured in the United States
against marine risk with a company or companies authorized to
do a marine insurance business in any State of the United
States.
(e) \928\ No funds made available under this Act shall be
used for the procurement of any agricultural commodity or
product thereof outside the United States when the domestic
price of such commodity is less than parity, unless the
commodity to be financed could not reasonably be produced in
the United States in fulfillment of the objectives of a
particular assistance program under which such commodity
procurement is to be financed.\929\
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\928\ Sec. 301(b)(2) of the FA Act of 1966 (Public Law 89-583)
added subsec. (e).
\929\ Sec. 705(a) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-593; 94 Stat. 3157) inserted ``,
unless the commodity to be financed could not reasonably be produced in
the United States in fulfillment of the objectives of a particular
assistance program under which such commodity procurement is to be
financed''.
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(f) \930\ No funds authorized to be made available to carry
out part I of this Act shall be used under any commodity import
program to make any payment to a supplier unless the supplier
has certified to the agency primarily responsible for
administering such part I, such information as such agency
shall by regulation prescribe, including but not limited to, a
description of the commodity supplied by him and its condition,
and on the basis of such information such agency shall have
approved such commodity as eligible and suitable for financing
under this Act.
---------------------------------------------------------------------------
\930\ Sec. 301(a) of the FA Act of 1968 (Public Law 90-554) added
subsec. (f).
---------------------------------------------------------------------------
(g) \931\ (1) None of the funds authorized to be
appropriated or made available for obligation or expenditure
under this Act may be made available for the procurement of
construction or engineering services from advanced developing
countries, eligible under the Geographic Code 941, which have
attained a competitive capability in international markets for
construction services or engineering services.
---------------------------------------------------------------------------
\931\ Sec. 705(b) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3158) added
subsec. (g).
---------------------------------------------------------------------------
(2) \932\ Paragraph (1) does not apply with respect to an
advanced developing country which--
---------------------------------------------------------------------------
\932\ Sec. 1207 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 278) added para.
(2).
---------------------------------------------------------------------------
(A) is receiving direct economic assistance under
chapter 1 of part I or chapter 4 of part II of this
Act, and
(B) if the country has its own foreign assistance
programs which finance the procurement of construction
or engineering services, permits United States firms to
compete for those services.
Sec. 605.\933\ Retention and Use of Certain Items and
Funds.--(a) Any commodities and defense articles procured to
carry out this Act shall be retained by, or upon reimbursement,
transferred to, and for the use of, such agency of the United
States Government as the President may determine in lieu of
being disposed of to a foreign country or international
organization, whenever in the judgment of the President the
best interests of the United States will be served thereby or
whenever such retention is called for by concurrent resolution.
Any commodities or defense articles so retained may be disposed
of without regard to provisions of law relating to the disposal
of property owned by the United States Government, when
necessary to prevent spoilage or wastage of such commodities or
defense articles or to conserve the usefulness thereof. Funds
realized from any disposal or transfer shall revert to the
respective appropriation, fund, or account used to procure such
commodities or defense articles or to the appropriation, fund,
or account currently available for the same general purpose.
---------------------------------------------------------------------------
\933\ 22 U.S.C. 2355. Sec. 301(a)(1) of the FA Act of 1965 (Public
Law 89-171) struck out ``Items'' and inserted in lieu thereof ``Certain
Items and Funds''.
---------------------------------------------------------------------------
(b) Whenever commodities are transferred to the United
States Government as repayment of assistance under this Act,
such commodities may be used in furtherance of the purposes and
within the limitations of this Act.
(c) \934\ Funds realized as a result of any failure of a
transaction financed under authority of part I of this Act to
conform to the requirements of this Act, or to applicable rules
and regulations of the United States Government, or to the
terms of any agreement or contract entered into under authority
of part I of this Act, shall revert to the respective
appropriation, fund, or account used to finance such
transaction or to the appropriation, fund, or account currently
available for the same general purpose.
---------------------------------------------------------------------------
\934\ Sec. 301(a)(2) of the FA Act of 1965 (Public Law 89-171)
added subsecs. (c) and (d).
---------------------------------------------------------------------------
(d) \934\ Funds realized by the United States Government
from the sale, transfer, or disposal of defense articles
returned to the United States Government by a recipient country
or international organization as no longer needed for the
purpose for which furnished shall be credited to the respective
appropriation, fund, or account used to procure such defense
articles or to the appropriation, fund, or account currently
available for the same general purpose.
Sec. 606.\935\ Patents and Technical Information.--(a)
Whenever, in connection with the furnishing of assistance under
this Act--
---------------------------------------------------------------------------
\935\ 22 U.S.C. 2356.
---------------------------------------------------------------------------
(1) an invention or discovery covered by a patent
issued by the United States Government is practiced
within the United States without the authorization of
the owner, or
(2) information, which is (A) protected by law, and
(B) held by the United States Government subject to
restrictions imposed by the owner, is disclosed by the
United States Government or any of its officers,
employees, or agents in violation of such restrictions,
the exclusive remedy of the owner, except as provided in
subsection (b) of this section, is to sue the United States
Government for reasonable and entire compensation for such
practice or disclosure in the district court of the United
States for the district in which such owner is a resident, or
in the United States Court of Federal Claims \936\ within six
years after the cause of action arises. Any period during which
the United States Government is in possession of a written
claim under subsection (b) of this section before mailing a
notice of denial of that claim does not count in computing the
six years. In any such suit, the United States Government may
plead any defense that may be pleaded by a private person in
such an action. The last paragraph of section 1498(a) of title
28 of the United States Code shall apply to inventions and
information covered by this section.
---------------------------------------------------------------------------
\936\ Sec. 160(a)(6) of the Federal Courts Improvement Act (Public
Law 97-164; 96 Stat. 48) struck out ``Court of Claims'' and inserted in
lieu thereof ``United States Claims Court''. Subsequently, sec. 902(b)
of Public Law 102-572 (106 Stat. 4516) provided that any reference, in
law or in Federal documents, to the United States Claims Court should
be deemed to be a reference to the United States Court of Federal
Claims.
---------------------------------------------------------------------------
(b) Before suit against the United States Government has
been instituted, the head of the agency of the United States
Government concerned may settle and pay any claim arising under
the circumstances described in subsection (a) of this section.
No claim may be paid under this subsection unless the amount
tendered is accepted by the claimant in full satisfaction.
(c) Funds appropriated pursuant to this Act shall not be
expended by the United States Government for the acquisition of
any drug product or pharmaceutical product manufactured outside
the United States if the manufacture of such drug product or
pharmaceutical product in the United States would involve the
use of, or be covered by, an unexpired patent of the United
States which has not previously been held invalid by an
unappealed or unappealable judgment or decree of a court of
competent jurisdiction, unless such manufacture is expressly
authorized by the owner of such patent.
Sec. 607.\937\ Furnishing of Services and Commodities.--(a)
Whenever the President determines it to be consistent with and
in furtherance of the purposes of part I and within the
limitations of this Act, any agency of the United States
Government is authorized to furnish services and commodities on
an advance-of-funds or reimbursement basis to friendly
countries, international organizations, the American Red Cross,
and voluntary nonprofit relief agencies registered with and
approved by the Agency for International Development \938\
(including foreign voluntary nonprofit relief agencies so
registered and approved when no United States voluntary
nonprofit relief agency is available).\939\ Such advances or
reimbursements may be credited to the currently applicable
appropriation, account, or fund of the agency concerned and
shall be available for the purposes for which such
appropriation, account, or fund is authorized to be used, under
the following circumstances:
---------------------------------------------------------------------------
\937\ 22 U.S.C. 2357. Sec. 301(b) of the FA Act of 1968 (Public Law
90-554) added subsec. designation ``(a)''. Presidential authority in
sec. 607 was delegated to the Secretary of State and to the
Administrator of the Agency for International Development,
respectively, for matters within their respective areas of
responsibility, pursuant to a Presidential memorandum of February 16,
1995 (60 F.R. 10793).
\938\ Sec. 121 of the International Development Cooperation Act of
1979 (Public Law 96-53; 93 Stat. 366) struck out ``Advisory Committee
on Voluntary Foreign Aid'' and inserted in lieu thereof ``Agency for
International Development''.
\939\ Sec. 122(a) of the International Development and Food
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 541) inserted the
parenthetical phrase. Subsec. (b) of sec. 122 further instructed the
President to issue regulations ``governing registration with and
approval by the Advisory Committee on Voluntary Foreign Aid of foreign
nonprofit agencies.''.
---------------------------------------------------------------------------
(1) Advances or reimbursements which are received
under this section within one hundred and eighty days
after the close of the fiscal year in which such
services and commodities are delivered.
(2) Advances or reimbursements received pursuant to
agreements executed under this section in which
reimbursement will not be completed within one hundred
and eighty days after the close of the fiscal year in
which such services and commodities are delivered:
Provided, That such agreements require the payment of
interest at the current rate established pursuant to
section 2(b)(1)(B) of the Export-Import Bank Act of
1945 (59 Stat. 526), and repayment of such principal
and interest does not exceed a period of three years
from the date of signing of the agreement to provide
the service: Provided further, That funds available for
this paragraph in any fiscal year shall not exceed
$1,000,000 of the total funds authorized for use in
such fiscal year by chapter 1 of part I of this Act,
and shall be available only to the extent provided in
appropriation Acts. Interest shall accrue as of the
date of disbursement to the agency or organization
providing such services.\940\
---------------------------------------------------------------------------
\940\ Sec. 315 of Public Law 94-161 (89 Stat. 849) struck out
``current'' and inserted in lieu thereof ``currently''; struck out
``Such advances or reimbursements which are received under this section
within one hundred and eighty days after the close of the fiscal year
in which such services and commodities are delivered, may be credited
to the current applicable appropriation, account, or fund of the agency
concerned and shall be available for the purposes for which such
appropriation, account, or fund is authorized to be used.'' and
inserted in lieu thereof the last sentence in main body of subsec. (a),
and paras. (1) and (2).
---------------------------------------------------------------------------
(b) \941\ When any agency of the United States Government
provides services on an advance-of-funds or reimbursable basis
under this section, such agency may contract with individuals
for personal service abroad or in the United States to perform
such services or to replace officers or employees of the United
States Government who are assigned by the agency to provide
such services. Such individuals shall not be regarded as
employees of the United States Government for the purpose of
any law administered by the Civil Service Commission.\942\
---------------------------------------------------------------------------
\941\ Sec. 522 of the International Development and Food Assistance
Act of 1978 (Public Law 95-424; 92 Stat. 959) redesignated subsec. (b)
(as added by FA Act of 1968) as subsec. (c) and added a new subsec.
(b).
\942\ Sec. 102 of the Reorganization Plan No. 2 of 1978 (43 F.R.
36037; 92 Stat. 3783) transferred all functions vested by statute in
the Civil Service Commission to the Director of the Office of Personnel
Management.
---------------------------------------------------------------------------
(c) \941\ (1) Except as provided in subsection (d),\943\ no
Government-owned excess property shall be made available under
this section, section 608, or otherwise in furtherance of the
purposes of part I of this Act, unless, before the shipment of
such property for use in a specified country (or transfer, if
the property is already in such country), the agency
administering such part I has approved such shipment (or
transfer) and made a written determination--
---------------------------------------------------------------------------
\943\ Sec. 129(1)(B) of the Foreign Relations Authorization Act,
Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 419) inserted
``except as provided in subsec. (d),''. Sec. 129(1)(A) of the Act also
redesignated paras. (1), (2) and (3) as (A), (B) and (C).
---------------------------------------------------------------------------
(A) \943\ that there is a need for such property in
the quantity requested and that such property is
suitable for the purpose requested;
(B) \943\ as to the status and responsibility of the
designated end-user and his ability effectively to use
and maintain such property; and
(C) \943\ that the residual value, serviceability,
and appearance of such property would not reflect
unfavorably on the image of the United States and would
justify the costs of packing, crating, handling,
transportation, and other accessorial costs, and that
the residual value at least equals the total of these
costs.
(d) \944\ The Secretary of State, acting through the
Assistant Secretary of State for Oceans and International
Environmental and Scientific Affairs, is authorized to transfer
to any friendly country, international organization, the
American Red Cross, or other voluntary nonprofit relief agency
described in subsection (a), Government-owned excess property
made available under this section or section 608 in order to
support activities carried out under part I of this Act which
are designed to enhance environmental protection in foreign
countries if the Secretary of State makes a written
determination--
---------------------------------------------------------------------------
\944\ Sec. 129(2) of the Foreign Relations Authorization Act,
Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 419) added
subsec. (d).
---------------------------------------------------------------------------
(1) that there is a need for such property in the
quantity requested and that such property is suitable
for the purpose requested;
(2) as to the status and responsibility of the
designated end-user and his ability effectively to use
and maintain such property; and
(3) that the residual value, serviceability, and
appearance of such property would not reflect
unfavorably on the image of the United States and would
justify the costs of packing, crating, handling,
transportation, and other accessorial costs, and that
the residual value at least equals the total of these
costs.
Sec. 608.\945\ Advance Acquisition of Property.--(a) It is
the sense of the Congress that in furnishing assistance under
part I excess personal property, or (if a substantial savings
would occur) other property already owned by an agency of the
United States Government, should be utilized wherever
practicable in lieu of or supplementary to the procurement of
new items for United States-assisted projects and
programs.\946\ The President is authorized to maintain in a
separate account, which shall, notwithstanding section 1210 of
the General Appropriation Act, 1951 (64 Stat. 765), be free
from fiscal year limitations, $5,000,000 of funds made
available under chapter 1 of part I,\947\ which may be used to
pay costs (including personnel costs) \948\ of acquisition,
storage, renovation and rehabilitation, packing, crating,
handling transportation, and related costs of property
classified as domestic or foreign excess property pursuant to
the Federal Property and Administrative Services Act of 1949,
as amended (40 U.S.C. 471 et seq.), any property available from
an agency of the United States Government \949\ or other
property, in advance of known requirements therefor for use in
furtherance of the purposes of part I: Provided, That the
amount of property classified as domestic excess property
pursuant to the Federal Property and Administrative Services
Act of 1949, as amended, held at any one time pursuant to this
section shall not exceed $15,000,000 in total original
acquisition cost. Property acquired pursuant to the preceding
sentence may be furnished (1) pursuant to any provision of part
I for which funds are authorized for the furnishing of
assistance, in which case the separate account established
pursuant to this section shall be repaid from funds made
available for such provision for all costs incurred, or (2)
pursuant to section 607, in which case such separate account
shall be repaid in accordance with the provisions of that
section for all costs incurred.
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\945\ 22 U.S.C. 2358. Title III of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2009 (division H
of Public Law 111-8; 123 Stat. 849), provides the following:
---------------------------------------------------------------------------
``department of state
``international narcotics control and law enforcement
---------------------------------------------------------------------------
``For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $875,000,000, to remain available until
September 30, 2010: Provided, That during fiscal year 2009, the
Department of State may also use the authority of section 608 of the
Foreign Assistance Act of 1961, without regard to its restrictions, to
receive excess property from an agency of the United States Government
for the purpose of providing it to a foreign country or international
organization under chapter 8 of part I of that Act subject to the
regular notification procedures of the Committees on Appropriations: *
* *''.
\946\ Sec. 301(b) of the FA Act of 1967 (Public Law 90-137) added
this sentence. The phrases within the sentence of ``or (if substantial
savings would occur) other property already owned by an agency of the
United States Government,'' and ``or supplementary to'' were added by
sec. 701(1) of the International Security and Development Cooperation
Act of 1981 (Public Law 97-113; 95 Stat. 1544).
\947\ Sec. 102(g)(2)(C) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) struck out
``section 212'' and inserted in lieu thereof ``chapter 1 of part I''.
\948\ Sec. 301(c) of the FA Act of 1966 (Public Law 89-583)
inserted ``(including personnel costs),''.
\949\ Sec. 701(2) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1544) inserted
``any property available from an agency of the United States
Government,''.
---------------------------------------------------------------------------
(b) Property classified as domestic excess property under
the Federal Property and Administrative Services Act of 1949,
as amended, shall not be transferred to the agency primarily
responsible for administering part I for use pursuant to the
provisions of part I or section 607 unless (1) such property is
transferred for use exclusively by an agency of the United
States Government, or (2) it has been determined in the same
manner as provided for surplus property in section 203(j) of
the Federal Property and Administrative Services Act of 1949,
as amended, that such property is not needed for donation
pursuant to that subsection. The foregoing restrictions shall
not apply to the transfer in any fiscal year for use pursuant
to the provisions of part I of amounts of such property with a
total original acquisition cost to the United States Government
not exceeding $45,000,000.
Sec. 609.\950\ * * * [Repealed--1998]
---------------------------------------------------------------------------
\950\ Formerly at 22 U.S.C. 2359. Sec. 533(a)(5) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1999 (division A, sec. 101(d) of Public Law 105-277; 112 Stat. 2681),
repealed sec. 609, which had read as follows. See also footnote at sec.
531(d) of this Act.
``Sec. 609. Special Account.--(a) In cases where any commodity is
to be furnished on a grant basis under chapter 4 of part I under
arrangements which will result in the accrual of proceeds to the
recipient country from the sale thereof, the President shall require
the recipient country to establish a Special Account, and
---------------------------------------------------------------------------
``(1) deposit in the Special Account, under terms and conditions as may
be agreed upon, currency of the recipient country in amounts equal to such
proceeds;
``(2) make available to the United States Government such portion of the
Special Account as may be determined by the President to be necessary for
the requirements of the United States Government: Provided, That such
portion shall not be less than 10 per centum in the case of any country to
which such minimum requirement has been applicable under any Act repealed
by this Act; and
``(3) utilize the remainder of the Special Account for programs agreed to
by the United States Government to carry out the purposes for which new
funds authorized by this Act would themselves be available: Provided, That
whenever funds from such Special Account are used by a country to make
loans, all funds received in repayment of such loans prior to termination
of assistance to such country shall be reused only for such purposes as
shall have been agreed to between the country and the United States
Government.
---------------------------------------------------------------------------
``(b) Any unencumbered balances of funds which remain in the
Account upon termination of assistance to such country under this Act
shall be disposed of for such purposes as may, subject to approval by
Act of the Congress, be agreed to between such country and the United
States Government.''.
---------------------------------------------------------------------------
Sec. 610.\951\ Transfer Between Accounts.--(a) Whenever the
President determines it to be necessary for the purposes of
this Act, not to exceed 10 per centum of the funds made
available for any provision of this Act (except funds made
available pursuant to title IV of chapter 2 of part I or for
section 23 of the Arms Export Control Act) \952\ may be
transferred to, and consolidated with, the funds made available
for any \952\ provision of this Act, (except funds made
available under chapter 2 of part II of this Act) \953\ and may
be used for any of the purposes for which such funds may be
used, except that the total in the provision for the benefit of
which the transfer is made shall not be increased by more than
20 per centum of the amount of funds made available for such
provision.
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\951\ 22 U.S.C. 2360. Sec. 301(a) of the FA Act of 1962 added
subsec. designation ``(a)'' and subsec. (b).
On January 26, 2007, the President determined ``it necessary for
the purposes of that Act that up to $86.362 million in fiscal year 2006
funds made available under chapter 4 of part II of the Act be
transferred to, and consolidated with, funds made available under
chapter 8 of part I of the Act'' (Presidential Determination No. 2007-
11; 72 F.R. 9223).
On May 9, 2007, the President made a similar determination to
transfer $11 million in fiscal year 2006 funds under the Economic
Support Fund to chapter 6 of part II of the Act, the International
Peacekeeping account, ``to support security sector reform in Liberia''
(Presidential Determination No. 2007-18; 72 F.R. 29053).
On July 5, 2007, the President made a similar determination to
transfer $1.8 million in prior year Independent State funds under
chapter 11 of part I of the Act to ``the International Narcotics
Control and Law Enforcement Account to support the Women's Justice and
Empowerment Initiative'' (Presidential Determination No. 2007-25; 72
F.R. 38747).
On September 28, 2007, the President made a similar determination
to transfer $25 million in fiscal year 2007 Eastern Europe and Baltic
States funds to ``energy assistance for the Democratic People's
Republic of Korea'' (Presidential Determination No. 2007-34; 72 F.R.
56873).
On September 29, 2005, the President made a similar determination
to transfer $1 million in FY 2004 Support for East European Democracy
funds, $1.2 million in FY 2005 funds under chapter 9 of part II of the
Act, and $2.8 million under section 23 of the Arms Export Control Act
to international narcotics control (Presidential Determination No.
2005-41; 70 F.R. 60403).
Titles II and VII of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 840, 862), provides the following:
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``operating expenses
``(including transfer of funds
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $808,584,000, of which up to
$85,000,000 may remain available until September 30, 2010: Provided,
That none of the funds appropriated under this heading and under the
heading `Capital Investment Fund' in this Act may be made available to
finance the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by the
United States Agency for International Development (USAID), unless the
USAID Administrator has identified such proposed construction
(including architect and engineering services), purchase, or long-term
lease of offices in a report submitted to the Committees on
Appropriations at least 15 days prior to the obligation of funds for
such purposes: Provided further, That the previous proviso shall not
apply when the total cost of construction (including architect and
engineering services), purchase, or long-term lease of offices does not
exceed $1,000,000: Provided further, That contracts or agreements
entered into with funds appropriated under this heading may entail
commitments for the expenditure of such funds through fiscal year 2010:
Provided further, That any decision to open a new USAID overseas
mission or office or, except where there is a substantial security risk
to mission personnel, to close or significantly reduce the number of
personnel of any such mission or office, shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That the authority of sections 610 and 109 of the
Foreign Assistance Act of 1961 may be exercised by the Secretary of
State to transfer funds appropriated to carry out chapter 1 of part I
of such Act to `Operating Expenses' in accordance with the provisions
of those sections: Provided further, That of the funds appropriated or
made available under this heading, not to exceed $250,000 shall be
available for representation and entertainment allowances, of which not
to exceed $5,000 shall be available for entertainment allowances, for
USAID during the current fiscal year: Provided further, That no such
entertainment funds may be used for the purposes listed in section 7020
of this Act: Provided further, That appropriate steps shall be taken to
assure that, to the maximum extent possible, United States-owned
foreign currencies are utilized in lieu of dollars.
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* * * * * * *
``transfer authority
---------------------------------------------------------------------------
``Sec. 7009. * * * (c)(1) Limitation on Transfers Between
Agencies.--None of the funds made available under titles II through V
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act or any
other appropriation Act.
``(2) Notwithstanding paragraph (1), in addition to transfers made
by, or authorized elsewhere in, this Act, funds appropriated by this
Act to carry out the purposes of the Foreign Assistance Act of 1961 may
be allocated or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
``(d) Transfers Between Accounts.--None of the funds made available
under titles II through V of this Act may be obligated under an
appropriation account to which they were not appropriated, except for
transfers specifically provided for in this Act, unless the President
provides notification in accordance with the regular notification
procedures of the Committees on Appropriations.
``(e) Audit of Inter-Agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or prior
Acts, entered into between the United States Agency for International
Development and another agency of the United States Government under
the authority of section 632(a) of the Foreign Assistance Act of 1961
or any comparable provision of law, shall expressly provide that the
Office of the Inspector General for the agency receiving the transfer
or allocation of such funds shall perform periodic program and
financial audits of the use of such funds: Provided, That funds
transferred under such authority may be made available for the cost of
such audits.''.
Title XI of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1891), provides the following:
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``UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
``Funds Appropriated to the President
``operating expenses
---------------------------------------------------------------------------
``For an additional amount for `Operating Expenses', $157,600,000,
to remain available until September 30, 2010.''.
\952\ Sec. 301 of the FA Act of 1969 (Public Law 91-175) added the
parenthetical phrase. Sec. 10(a) of the International Narcotics Control
Act of 1990 (Public Law 101-623; 104 Stat. 3356) inserted reference to
sec. 23 of the Arms Export Control Act, but, in an enrolling error,
this text was inserted inside the parenthesis. Should probably read ``*
* * for any provision of this Act (except funds made available pursuant
to title IV of chapter 2 of part I) or for section 23 of the Arms
Export Control Act may be transferred to * * *''. Sec. 10 of that Act
also struck out ``other'' at the place noted and provided that ``(b)
The amendments made by subsection (a) apply with respect to funds made
available for fiscal year 1991 or any fiscal year thereafter.''.
\953\ Sec. 19(a)(1) of the FA Act of 1974 (Public Law 93-559) added
the parenthetical phrase.
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(b) \951\ The authority contained in this section and in
sections 451, 506,\954\ and 614 shall not be used to augment
appropriations made available pursuant to sections 636(g)(1)
and 637 or used otherwise to finance activities which normally
would be financed from appropriations for administrative
expenses.\955\
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\954\ Sec. 301(c) of the FA Act of 1967 (Public Law 90-137) struck
out ``510'' and inserted in lieu thereof ``506''.
\955\ Sec. 10(b)(2) of the International Security Assistance Act of
1978 (Public Law 95-424; 92 Stat. 735) repealed the final sentence of
subsec. (b). It formerly read, as amended by the FA Act of 1966, as
follows:
``Not to exceed $9,000,000 of the funds appropriated under section
402 of this Act for any fiscal year may be transferred to and
consolidated with appropriations made under section 637(a) of this Act
for the same fiscal year, subject to the further limitation that funds
so transferred shall be available solely for additional administrative
expenses incurred in connection with programs in Vietnam.''.
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(c) \956\ Any funds which the President has notified
Congress pursuant to section 653 that he intends to provide in
military assistance to any country may be transferred to, and
consolidated with, any other funds he has notified Congress
pursuant to such section that he intends to provide to that
country for development assistance purposes.
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\956\ Sec. 19(a)(2) of the FA Act of 1974 (Public Law 93-559) added
subsec. (c).
---------------------------------------------------------------------------
Sec. 611.\957\ Completion of Plans and Cost Estimates.--(a)
No agreement or grant which constitutes an obligation of the
United States Government in excess of $500,000 \958\ under
section 1501 of title 31, United States Code,\959\ shall be
made for any assistance authorized under chapter I of part I,
title II of chapter 2 of part I, or chapter 4 of part II--\960\
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\957\ 22 U.S.C. 2361.
\958\ Sec. 1208 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 278) struck out
``$100,000'' and inserted in lieu thereof ``$500,000''.
\959\ Sec. 1211(b)(2) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279) struck out
``section 1311 of the Supplemental Appropriation Act, 1955 as amended
(31 U.S.C. 200)'' and inserted in lieu thereof ``section 1501 of title
31, United States Code''.
\960\ Sec. 102(g)(2)(D) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943) struck out
``titles I, II, and VI of chapter 2 and chapter 4 of part I'' and
inserted in lieu thereof ``chapter 1 of part I, title II of chapter 2
of part I, or chapter 4 of part II''.
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(1) if such agreement or grant requires substantive
technical or financial planning, until engineering,
financial, and other plans necessary to carry out such
assistance, and a reasonably firm estimate of the cost
to the United States Government of providing such
assistance, have been completed; and
(2) if such agreement or grant requires legislative
action within the recipient country, unless such
legislative action may reasonably be anticipated to be
completed in time to permit the orderly accomplishment
of the purposes of such agreement or grant.
(b) Plans required under subsection (a) of this section for
any water or related land resource construction project or
program shall include a computation of benefits and costs made
insofar as practicable in accordance with the principles,
standards, and procedures established pursuant to the Water
Resources Planning Act \961\ (42 U.S.C. 1962, et seq.) or acts
amendatory or supplementary thereto.
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\961\ Sec. 1208(2) of Public Law 99-83 (99 Stat. 278) struck out
``Principles and Standards for Planning Water and Related Land
Resources, dated October 25, 1973'' and inserted in lieu thereof ``the
Water Resources Planning Act''. Previously, reference to the 1973
document was substituted in lieu of a reference of the ``Memorandum of
the President dated May 15, 1962'' by sec. 117 of the International
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 365).
Previously, sec. 301(c) of the FA Act of 1963 had substituted the
reference to the 1962 memorandum in lieu of a reference to ``circular
A47 of the Bureau of the Budget.''.
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(c) To the maximum extent practicable, all contracts for
construction outside the United States made in connection with
any agreement or grant subject to subsection (a) of this
section shall be made on a competitive basis.
(d) Subsection (a) of this section shall not apply to any
assistance furnished for the sole purpose of preparation of
engineering, financial, and other plans.
(e) \962\ In addition to any other requirements of this
section, no assistance authorized under chapter 1 of part I,
title II of chapter 2 of part I, or chapter 4 of part II \963\
shall be furnished with respect to any capital assistance
project estimated to cost in excess of $1,000,000 until the
head of the agency primarily responsible for administering part
I of the Act has received and taken into consideration a
certification from the principal officer of such agency in the
country in which the project is located as to the capability of
the country (both financial and human resources) to effectively
maintain and utilize the project taking into account among
other things the maintenance and utilization of projects in
such country previously financed or assisted by the United
States.
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\962\ Sec. 301(d) of the FA Act of 1967 (Public Law 90-137) added
subsec. (e).
\963\ Sec. 102(g)(2)(E) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943) struck out
``titles I, II, or VI of chapter 2 or chapter 4 of part I'' and
inserted in lieu thereof ``chapter 1 of part I, title 2 of chapter 2 of
part I, or chapter 4 of part II''.
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Sec. 612.\964\ Use of Foreign Currencies.--(a) Except as
otherwise provided in this Act or other Acts, foreign
currencies received either (1) as a result of the furnishing of
nonmilitary assistance under the Mutual Security Act of 1954,
as amended, or any Act repealed thereby and unobligated on the
date prior to the effective date of this Act, or (2) on or
after the effective date of this Act, as a result of the
furnishing of nonmilitary assistance under the Mutual Security
Act of 1954, as amended, or any Act repealed thereby, or (3) as
a result of the furnishing of assistance under part I, which
are in excess of the amounts reserved under authority of
section 105(d) of the Mutual Educational and Cultural Exchange
Act of 1961 or any other Act relating to educational and
cultural exchanges, may be sold by the Secretary of the
Treasury to agencies of the United States Government for
payment of their obligations outside the United States, and the
United States dollars received as reimbursement shall be
deposited into miscellaneous receipts of the Treasury. Foreign
currencies so received which are in excess of the amounts so
reserved and of the requirements of the United States
Government in payment of its obligations outside the United
States, as such requirements may be determined from time to
time by the President, shall be available for the authorized
purposes of part I in such amounts as may be specified from
time to time in appropriation Acts.
---------------------------------------------------------------------------
\964\ 22 U.S.C. 2362. Sec. 301(d)(1) of the FA Act of 1963 (Public
Law 88-205) inserted subsec. designation ``(a)''.
---------------------------------------------------------------------------
(b) \965\ Any Act of Congress making appropriations to
carry out programs under this or any other Act for United
States operations abroad is hereby authorized to provide for
the utilization of United States-owned excess foreign
currencies to carry out any such operations authorized by law.
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\965\ Sec. 301(c) of the FA Act of 1963 (Public Law 88-205) added
subsec. (b) as subsec. (c). Redesignated as subsec. (b) by Public Law
88-638. Former subsec. (b) was moved to Public Law 480 as sec. 104(t),
and has subsequently been transferred in part to sec. 103(m) of Public
Law 480.
---------------------------------------------------------------------------
\966\ As used in this subsection, the term ``excess foreign
currencies'' means foreign currencies or credits owned by or
owed to the United States which are, under applicable
agreements with the foreign country concerned, available for
the use of the United States Government and are determined by
the President to be excess to the normal requirements of
departments and agencies of the United States for such
currencies or credits and are not prohibited from use under
this subsection by an agreement entered into with the foreign
country concerned.
---------------------------------------------------------------------------
\966\ Sec. 301(b) of the FA Act of 1965 (Public Law 89-171) struck
out ``The President shall take all appropriate steps to assure that, to
the maximum extent possible, United States-owned excess foreign
currencies are utilized in lieu of dollars.'' at this point.
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The President shall take all appropriate steps to assure
that, to the maximum extent possible, United States-owned
foreign currencies are utilized in lieu of dollars. Dollar
funds made available pursuant to this Act shall not be expended
for goods and services when United States-owned foreign
currencies are available for such purposes unless the
administrative official approving the voucher certifies as to
the reason for the use of dollars in each case.\967\
---------------------------------------------------------------------------
\967\ Sec. 301(b) of the FA Act of 1965 (Public Law 89-171) added
this paragraph.
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(c) \968\ In addition to funds otherwise available, excess
foreign currencies, as defined in subsection (b), may be made
available to friendly foreign governments and to private,
nonprofit United States organizations to carry out voluntary
family planning programs in countries which request such
assistance. No such program shall be assisted unless the
President has received assurances that in the administration of
such program the recipient will take reasonable precautions to
insure that no person receives any family planning assistance
or supplies unless he desires such services. The excess foreign
currencies made available under this subsection shall not, in
any one year, exceed 5 per centum of the aggregate of all
excess foreign currencies. As used in this subsection, the term
``voluntary family planning program'' includes, but is not
limited to, demographic studies, medical and psychological
research, personnel training, the construction and staffing of
clinics and rural health centers, specialized training of
doctors and paramedical personnel, the manufacture of medical
supplies, and the dissemination of family planning information,
medical assistance, and supplies to individuals who desire such
assistance.
---------------------------------------------------------------------------
\968\ Sec. 301(e) of the FA Act of 1966 (Public Law 89-583) added
subsec. (c).
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(d) \969\ In furnishing assistance under this Act to the
government of any country in which the United States owns
excess foreign currencies as defined in subsection (b) of this
section, except those currencies generated under the Food for
Peace Act,\970\ as amended, the President shall endeavor to
obtain from the recipient country an agreement for the release,
on such terms and conditions as the President shall determine,
of an amount of such currencies up to the equivalent of the
dollar value of assistance furnished by the United States for
programs as may be mutually agreed upon by the recipient
country and the United States to carry out the purposes for
which new funds authorized by this Act would themselves be
available.
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\969\ Sec. 302 of the FA Act of 1969 (Public Law 91-175) added
subsec. (d).
\970\ Sec. 3001(b) of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural
Trade Development and Assistance Act of 1954'' and inserted in lieu
thereof ``Food for Peace Act''. For text of the Food for Peace Act, see
Legislation on Foreign Relations Through 2008, vol. I-B.
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Sec. 613.\971\ Accounting, Valuation, Reporting, and
Administration of Foreign Currencies.\972\--(a) Under the
direction of the President, the Secretary of the Treasury shall
have responsibility for valuation and central accounting with
respect to foreign credits (including currencies) owed to or
owned by the United States. In order to carry out such
responsibility the Secretary shall issue regulations binding
upon all agencies of the Government.
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\971\ 22 U.S.C. 2363.
\972\ Sec. 301(c)(1) of the FA Act of 1965 (Public Law 89-171)
struck out ``Accounting, Valuation, and Reporting of Foreign
Currencies'' and inserted in lieu thereof ``Accounting, Valuation,
Reporting, and Administration of Foreign Currencies''.
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(b) The Secretary of the Treasury shall have sole authority
to establish for all foreign currencies or credits the exchange
rates at which such currencies are to be reported by all
agencies of the Government.
(c) \973\ * * * [Repealed--1981]
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\973\ Subsec. (c), as amended by sec. 46 of Public Law 94-273, was
repealed by sec. 734(a)(1) of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
Subsec. (c) had required a semiannual report to the Congress on the
amount of all foreign currencies acquired without payment of dollars on
hand for each foreign country. Such information is now required on an
annual basis as part of the report required under sec. 634(a) of this
Act.
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(d) \974\ In cases where assistance is to be furnished to
any recipient country in furtherance of the purposes of this or
any other Act on a basis which will result in the accrual of
foreign currency proceeds to the United States, the Secretary
of the Treasury shall issue regulations requiring that
agreements, in respect of such assistance, include provisions
for the receipt of interest income on the foreign currency
proceeds deposited in authorized depositories: Provided, That
whenever the Secretary of State determines it not to be in the
national interest to conclude arrangements for the receipt of
interest income he may waive the requirement thereof: Provided
further, That the Secretary of State, or his delegate, shall
promptly make a complete report to the Congress on each such
determination and the reasons therefor.
---------------------------------------------------------------------------
\974\ Sec. 301(c)(2) of the FA Act of 1965 (Public Law 89-171)
added subsec. (d).
---------------------------------------------------------------------------
Sec. 614.\975\ Special Authorities.--(a) \976\ (1) \977\
The President may authorize the furnishing of assistance under
this Act without regard to any provision of this Act, the Arms
Export Control Act, any law relating to receipts and credits
accruing to the United States, and any Act authorizing or
appropriating funds for use under this Act, in furtherance of
any of the purposes of this Act, when the President determines,
and so notifies in writing the Speaker of the House of
Representatives and the chairman of the Committee on Foreign
Relations of the Senate, that to do so is important to the
security interests of the United States.
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\975\ 22 U.S.C. 2364.
\976\ Subsec. (a), as amended by the FA Act of 1966 and the FA Act
of 1967, was further amended and restated by sec. 117(a) of the
International Security and Development Cooperation Act of 1980 (Public
Law 96-533; 94 Stat. 3140), and by sec. 128 of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
Stat. 209). It formerly read as follows:
``(a) The President may authorize in each fiscal year the use of
funds made available for use under this Act and the furnishing of
assistance under section 506 in a total amount not to exceed
$250,000,000 and the use of not to exceed $100,000,000 of foreign
currencies accruing under this Act or any other law without regard to
the requirements of this Act, any law relating to receipts and credits
accruing to the United States, any Act appropriating funds for use
under this Act, or the Mutual Defense Assistance Control Act of 1951
(22 U.S.C. 1611 et seq.), in furtherance of any of the purposes of such
Acts, when the President determines that such authorization is
important to the security of the United States. Not more than
$50,000,000 of the funds available under this subsection may be
allocated to any one country in any fiscal year. The limitation
contained in the preceding sentence shall not apply to any country
which is a victim of active Communist or Communist-supported
aggression. The authority of this section shall not be used to waive
the limitations on transfers contained in section 610(a) of this
Act.''.
\977\ On September 28, 2007, the President determined ``that it is
important to the security interests of the United States to furnish up
to $25 million in funds made available pursuant to chapter 4 of part II
of the Act, comprised of funds transferred pursuant to this
determination [from fiscal year 2007 SEED Act funds for Eastern Europe
and the Baltic States], for energy assistance for the Democratic
People's Republic of Korea without regard to any provision of law
within the purview of section 614(a)(1) of the Act. I hereby authorize
the furnishing of this assistance.'' (Presidential Determination No.
2007-34; 72 F.R. 56873).
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(2) The President may make sales, extend credit, and issue
guarantees under the Arms Export Control Act, without regard to
any provision of this Act, the Arms Export Control Act, any law
relating to receipts and credits accruing to the United States,
and any Act authorizing or appropriating funds for use under
the Arms Export Control Act, in furtherance of any of the
purposes of such Act, when the President determines, and so
notifies in writing the Speaker of the House of Representatives
and the chairman of the Committee on Foreign Relations of the
Senate, that to do so is vital to the national security
interests of the United States.
(3) Before exercising the authority granted in this
subsection, the President shall consult with, and shall provide
a written policy justification to, the Committee on Foreign
Affairs \978\ 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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\978\ 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.
---------------------------------------------------------------------------
(4) \979\ (A) The authority of this subsection may not be
used in any fiscal year to authorize--
---------------------------------------------------------------------------
\979\ Sec. 128 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 206) amended and
restated subsec. (a)(4). It formerly read as follows:
``(4) The authority of this subsection may not be used to authorize
the use of more than $250,000,000 of funds made available for use under
this Act or the Arms Export Control Act, or the use of more than
$100,000,000 of foreign currencies accruing under this Act or any other
law, in any fiscal year. Not more than $50,000,000 of the funds
available under this subsection may be allocated to any one country in
any fiscal year, unless such country is a victim of active Communist or
Communist-supported aggression.''.
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(i) more than $750,000,000 in sales to be made under
the Arms Export Control Act;
(ii) the use of more than $250,000,000 of funds made
available for use under this Act or the Arms Export
Control Act; and
(iii) the use of more than $100,000,000 of foreign
currencies accruing under this Act or any other law.
(B) If the authority of this subsection is used both to
authorize a sale under the Arms Export Control Act and to
authorize funds to be used under the Arms Export Control Act or
under this Act with respect to the financing of that sale, then
the use of the funds shall be counted against the limitation in
subparagraph (A)(ii) and the portion, if any, of the sale which
is not so financed shall be counted against the limitation in
subparagraph (A)(i).
(C) Not more than $50,000,000 of the $250,000,000
limitation provided in subparagraph (A)(ii) may be allocated to
any one country in any fiscal year unless that country is a
victim of active \980\ aggression, and not more than
$500,000,000 of the aggregate limitation of $1,000,000,000
provided in subparagraphs (A)(i) and (A)(ii) may be allocated
to any one country in any fiscal year.
---------------------------------------------------------------------------
\980\ Sec. 705(2) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2317) struck out ``Communist or Communist-supported'' at this
point.
---------------------------------------------------------------------------
(5) The authority of this section may not be used to waive
the limitations on transfers contained in section 610(a) of
this Act.
(b) Whenever the President determines it to be important to
the national interest, he may use funds available for the
purposes of chapter 4 of part I in order to meet the
responsibilities or objectives of the United States in Germany,
including West Berlin, and without regard to such provisions of
law as he determines should be disregarded to achieve this
purpose.
(c) The President is authorized to use amounts not to
exceed $50,000,000 of the funds made available under this Act
pursuant to his certification that it is inadvisable to specify
the nature of the use of such funds, which certification shall
be deemed to be a sufficient voucher for such amounts.\981\ The
President shall fully inform the chairman and ranking minority
member of the Committee on Foreign Affairs \977\ of the House
of Representatives and the chairman and ranking minority member
of the Committee on Foreign Relations of the Senate of each use
of funds under this subsection prior to the use of such
funds.\982\
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\981\ See also sec. 636(a)(8) of this Act.
\982\ Sec. 30(g) of the FA Act of 1966 added the last sentence,
which was later amended and restated by sec. 8 of the Anti-Terrorism
and Arms Export Amendments Act of 1989 (Public Law 101-222; 103 Stat.
1899). It formerly read as follows: ``The President shall promptly and
fully inform the Speaker of the House of Representatives and the
chairman and ranking minority member of the Committee on Foreign
Relations of the Senate of each use of funds under this subsection.''.
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Sec. 615.\983\ Contract Authority.--Provisions of this Act
authorizing the appropriation of funds shall be construed to
authorize the granting in any appropriation Act of authority to
enter into contracts, within the amounts so authorized to be
appropriated, creating obligations in advance of
appropriations.
---------------------------------------------------------------------------
\983\ 22 U.S.C. 2365.
---------------------------------------------------------------------------
Sec. 616.\984\ Availability of Funds.--Except as otherwise
provided in this Act, funds shall be available to carry out the
provisions of this Act as authorized and appropriated to the
President each fiscal year.
---------------------------------------------------------------------------
\984\ 22 U.S.C. 2366.
---------------------------------------------------------------------------
SEC. 617.\985\ TERMINATION EXPENSES.
(a) In General.--Funds made available under this Act and
the Arms Export Control Act, may remain available for
obligation for a period not to exceed 8 months from the date of
any termination of assistance under such Acts for the necessary
expenses of winding up programs related to such termination and
may remain available until expended. Funds obligated under the
authority of such Acts prior to the effective date of the
termination of assistance may remain available for expenditure
for the necessary expenses of winding up programs related to
such termination notwithstanding any provision of law
restricting the expenditure of funds. In order to ensure the
effectiveness of such assistance, such expenses for orderly
termination of programs may include the obligation and
expenditure of funds to complete the training or studies
outside their countries of origin of students whose course of
study or training program began before assistance was
terminated.
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\985\ 22 U.S.C. 2367. Sec. 302 of the Global AIDS and Tuberculosis
Relief Act of 2000 (Public Law 106-264; 114 Stat. 760) amended and
restated sec. 617. It previously read, as amended, as follows:
``Sec. 617. Termination of Assistance.--Assistance under any
provision of this Act may, unless sooner terminated by the President,
be terminated by concurrent resolution. Funds made available under this
Act shall remain available for a period not to exceed eight months from
the date of termination of assistance under this Act for the necessary
expenses of winding up programs related thereto. In order to ensure the
effectiveness of assistance under this Act, such expenses for orderly
termination of programs may include the obligation and expenditure of
funds to complete the training or studies outside their countries of
origin of students whose course of study or training program began
before assistance was terminated. Such expenses for orderly termination
of programs under the Arms Export Control Act may include the
obligation and expenditure of funds to complete the training or studies
outside the countries of origin of students whose course of study or
training program began before assistance was terminated, as long as the
origin country's termination was not a result of activities beyond
default of financial responsibilities.''.
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(b) Liability to Contractors.--For the purpose of making an
equitable settlement of termination claims under extraordinary
contractual relief standards, the President is authorized to
adopt as a contract or other obligation of the United States
Government, and assume (in whole or in part) any liabilities
arising thereunder, any contract with a United States or third-
country contractor that had been funded with assistance under
such Acts prior to the termination of assistance.
(c) Termination Expenses.--Amounts certified as having been
obligated for assistance subsequently terminated by the
President, or pursuant to any provision of law, shall continue
to remain available and may be reobligated to meet any
necessary expenses arising from the termination of such
assistance.
(d) Guaranty Programs.--Provisions of this or any other Act
requiring the termination of assistance under this or any other
Act shall not be construed to require the termination of
guarantee commitments that were entered into prior to the
effective date of the termination of assistance.
(e) Relation to Other Provisions.--Unless specifically made
inapplicable by another provision of law, the provisions of
this section shall be applicable to the termination of
assistance pursuant to any provision of law.
Sec. 618.\986\ Use of Settlement Receipts. * * *
[Repealed--1978]
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\986\ Sec. 604 of the International Development and Food Assistance
Act of 1978 (Public Law 95-424; 92 Stat. 961) repealed secs. 618 and
619.
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SEC. 618.\986\A ASSISTANCE FOR A RECONSTRUCTION AND
STABILIZATION CRISIS.
(a) Assistance.--
---------------------------------------------------------------------------
\986\a 22 U.S.C. 2368. Added by sec. 1604 of Public Law
110-417 (122 Stat. 4654).
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(1) In general.--If the President determines that it
is in the national security interests of the United
States for United States civilian agencies or non-
Federal employees to assist in reconstructing and
stabilizing a country or region that is at risk of, in,
or is in transition from, conflict or civil strife, the
President may, in accordance with the provisions set
forth in section 614(a)(3), but notwithstanding any
other provision of law, and on such terms and
conditions as the President may determine, furnish
assistance to such country or region for reconstruction
or stabilization using funds described in paragraph
(2).
(2) Funds described.--The funds referred to in
paragraph (1) are funds made available under any other
provision of this Act, and transferred or reprogrammed
for purposes of this section, and such transfer or
reprogramming shall be subject to the procedures
applicable to a notification under section 634A of this
Act.
(3) Rule of construction.--Nothing in this section
shall be construed to provide authority to transfer
funds between accounts or between Federal departments
or agencies.
(b) Limitation.--The authority contained in this section
may be exercised only during fiscal years 2009, 2010, and 2011.
Sec. 619.\986\ Assistance to Newly Independent Countries. *
* * [Repealed--1978]
Sec. 620.\987\ Prohibitions Against Furnishing
Assistance.\988\--(a)(1) \989\ No assistance shall be furnished
under this Act to the present government of Cuba.\990\ As an
additional means of implementing and carrying into effect the
policy of the preceding sentence, the President is authorized
to establish and maintain a total embargo upon all trade
between the United States and Cuba.
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\987\ 22 U.S.C. 2370. Sec. 204 of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 810;
22 U.S.C. 6064) provided the following:
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``sec. 204. termination of the economic embargo of cuba.
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``(a) Presidential Actions.--Upon submitting a determination to the
appropriate congressional committees under section 203(c)(1) that a
transition government in Cuba is in power, the President, after
consultation with the Congress, is authorized to take steps to suspend
the economic embargo of Cuba and to suspend the right of action created
in section 302 with respect to actions thereafter filed against the
Cuban Government, to the extent that such steps contribute to a stable
foundation for a democratically elected government in Cuba.
``(b) Suspension of Certain Provisions of Law.--In carrying out
subsection (a), the President may suspend the enforcement of--
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``(1) section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(a));
``(2) section 620(f) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(f)) with respect to the ``Republic of Cuba'';
``(3) sections 1704, 1705(d), and 1706 of the Cuban Democracy Act of 1992
(22 U.S.C. 6003, 6004(d), and 6005);
``(4) section 902(c) of the Food Security Act of 1985; and
``(5) the prohibitions on transactions described in part 515 of title 31,
Code of Federal Regulations.
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``(c) Additional Presidential Actions.--Upon submitting a
determination to the appropriate congressional committees under section
203(c)(3) that a democratically elected government in Cuba is in power,
the President shall take steps to terminate the economic embargo of
Cuba, including the restrictions under part 515 of title 31, Code of
Federal Regulations.
``(d) Conforming Amendments.--On the date on which the President
submits a determination under section 203(c)(3)--
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``(1) section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(a)) is repealed;
``(2) section 620(f) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(f)) is amended by striking ``Republic of Cuba'';
``(3) sections 1704, 1705(d), and 1706 of the Cuban Democracy Act of 1992
(22 U.S.C. 6003, 6004(d), and 6005) are repealed; and
``(4) section 902(c) of the Food Security Act of 1985 is repealed.
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``(e) Review of Suspension of Economic Embargo.--
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``(1) Review.--If the President takes action under subsection (a) to
suspend the economic embargo of Cuba, the President shall immediately so
notify the Congress. The President shall report to the Congress no less
frequently than every 6 months thereafter, until he submits a determination
under section 203(c)(3) that a democratically elected government in Cuba is
in power, on the progress being made by Cuba toward the establishment of
such a democratically elected government. The action of the President under
subsection (a) shall cease to be effective upon the enactment of a joint
resolution described in paragraph (2).
``(2) Joint Resolutions.--For purposes of this subsection, the term
`joint resolution' means only a joint resolution of the 2 Houses of
Congress, the matter after the resolving clause of which is as follows:
`That the Congress disapproves the action of the President under section
204(a) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of
1996 to suspend the economic embargo of Cuba, notice of which was submitted
to the Congress on ____.', with the blank space being filled with the
appropriate date.
``(3) Referral to committees.--Joint resolutions introduced in the House
of Representatives shall be referred to the Committee on International
Relations and joint resolutions introduced in the Senate shall be referred
to the Committee on Foreign Relations.
``(4) Procedures.--(A) Any joint resolution shall be considered in the
Senate in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act of 1976.
``(B) For the purpose of expediting the consideration and enactment of
joint resolutions, a motion to proceed to the consideration of any joint
resolution after it has been reported by the appropriate committee shall be
treated as highly privileged in the House of Representatives.
``(C) Not more than 1 joint resolution may be considered in the House of
Representatives and the Senate in the 6-month period beginning on the date
on which the President notifies the Congress under paragraph (1) of the
action taken under subsection (a), and in each 6-month period
thereafter.''.
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\988\ Sec. 301(d)(1) of the FA Act of 1965 (Public Law 89-171)
struck out ``Prohibitions Against Furnishing Assistance to Cuba and
Certain Other Countries.--'' and inserted in lieu thereof
``Prohibitions Against Furnishing Assistance.--''.
\989\ Sec. 301(e)(1)(A) of the FA Act of 1963 (Public Law 88-205)
inserted ``(1)'' after subsec. (a).
\990\ Sec. 123(a)(1) of the International Development and Food
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 541) struck out ``;
nor shall any such assistance be furnished to any country which
furnishes assistance to the present government of Cuba unless the
President determines that such assistance is in the national interest
of the United States'', at this point.
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(2) \991\ Except as may be deemed necessary by the
President in the interest of the United States, no assistance
shall be furnished under this Act to any government of Cuba,
nor shall Cuba be entitled to receive any quota authorizing the
importation of Cuban sugar into the United States or to receive
any other benefit under any law of the United States, until the
President determines that such government has taken appropriate
steps according to international law standards to return to
United States citizens, and to entities not less than 50 per
centum beneficially owned by United States citizens, or to
provide equitable compensation to such citizens and entities
for property taken from such citizens and entities on or after
January 1, 1959, by the Government of Cuba.
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\991\ Sec. 301(e)(1)(B) of the FA Act of 1963 (Public Law 88-205)
added paras. (2) and (3). Para. (3), restricting shipments to Cuba, was
subsequently repealed by sec. 123(a)(2) of the International
Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat.
541).
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(b) \992\ * * * [Repealed--1981]
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\992\ Sec. 734(a)(1) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
subsec. (b). It previously read as follows:
``(b) No assistance shall be furnished under this Act to the
government of any country unless the President determines that such
country is not dominated or controlled by the international Communist
movement.''.
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(c) \993\ No assistance shall be provided under this Act to
the government of any country which is indebted to any United
States citizen or person for goods or services furnished or
ordered where (i) such citizen or person has exhausted
available legal remedies, which shall include arbitration, or
(ii) the debt is not denied or contested by such government, or
(iii) such indebtedness arises under an unconditional guaranty
of payment given by such government, or any predecessor
government, directly or indirectly, through any controlled
entity: Provided, That the President does not find such action
contrary to the national security.
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\993\ Sec. 301(d)(2) of the FA Act of 1962 (Public Law 87-565)
amended and restated subsec. (c). It formerly read as follows:
``(c) No assistance shall be provided under this Act to the
government of any country which is indebted to any United States
citizen for goods or services furnished, where such citizen has
exhausted available legal remedies and the debt is not denied or
contested by such government.''.
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(d) No assistance shall be furnished on a loan basis under
chapter 1 of part I \994\ of this Act for construction or
operation of any productive enterprise in any country where
such enterprise will compete with United States enterprise
unless such country has agreed that it will establish
appropriate procedures to prevent the exportation for use or
consumption in the United States of more than 20 per centum of
the annual production of such facility during the life of the
loan. In case of failure to implement such agreement by the
other contracting party, the President is authorized to
establish necessary import controls to effectuate the
agreement. The restrictions imposed by or pursuant to this
subsection may be waived by the President where he determines
that such waiver is in the national security interest.
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\994\ Sec. 102(g)(2)(F) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943) struck out
``under section 201'' and inserted in lieu thereof ``on a loan basis
under chapter 1 of part I''.
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(e) \995\ (1) \996\ The President shall suspend assistance
to the government of any country to which assistance is
provided under this or any other Act when the government of
such country or any government agency or subdivision within
such country on or after January 1, 1962--
---------------------------------------------------------------------------
\995\ Sec. 301(d)(3) of the FA Act of 1962 (Public Law 87-565)
added subsec. (e). Subsequently amended by sec. 301(e)(2) of the FA Act
of 1963 (Public Law 88-205) and by secs. 301(d)(1) and (2) of the FA
Act of 1964 (Public Law 88-633).
\996\ Subsec. (e)(1) is popularly referred to as the Hickenlooper
amendment. Sec. 301(d)(1) of the FA Act of 1964 (Public Law 88-633)
added para. designation ``(1)''.
Sec. 5(b) of the Africa Famine Relief and Recovery Act of 1985
(Public Law 99-8; 99 Stat. 22) permitted assistance with funds
appropriated by the Act without regard to sec. 620(e)(1). For text, see
Legislation on Foreign Relations Through 2008, vol. I-B.
---------------------------------------------------------------------------
(A) \997\ has nationalized or expropriated or seized
ownership or control of property owned by any United
States citizen or by any corporation, partnership, or
association not less than 50 per centum beneficially
owned by United States citizens, or
---------------------------------------------------------------------------
\997\ Sec. 301(d)(2) of the FA Act of 1964 (Public Law 88-633)
redesignated subparas. (1), (2), and (3) as subparas. (A), (B), and
(C), respectively.
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(B) \997\ has taken steps to repudiate or nullify
existing contracts or agreements with any United States
citizen or any corporation, partnership, or association
not less than 50 per centum beneficially owned by
United States citizens, or
(C) \997\ has imposed or enforced discriminatory
taxes or other exactions, or restrictive maintenance or
operational conditions, or has taken other actions,
which have the effect of nationalizing, expropriating,
or otherwise seizing ownership or control of property
so owned,
and such country, government agency, or government subdivision
fails within a reasonable time (not more than six months after
such action, or, in the event of a referral to the Foreign
Claims Settlement Commission of the United States within such
period as provided herein, not more than twenty days after the
report of the Commission is received) to take appropriate
steps, which may include arbitration, to discharge its
obligations under international law toward such citizen or
entity, including speedy compensation for such property in
convertible foreign exchange, equivalent to the full value
thereof, as required by international law, or fails to take
steps designed to provide relief from such taxes, exactions, or
conditions, as the case may be; and such suspension shall
continue until the President is satisfied that appropriate
steps are being taken, and the provisions of this subsection
shall not be waived with respect to any country unless the
President determines and certifies that such a waiver is
important to the national interests of the United States. Such
certification shall be reported immediately to Congress.\998\
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\998\ Sec. 15 of the FA Act of 1973 (Public Law 93-189) struck out
``no other provision of this Act shall be construed to authorize the
President to waive the provisions of this subsection'' and inserted in
lieu thereof ``the provisions of this subsection shall not be waived
with respect to any country unless the President determines and
certifies that such a waiver is important to the national interests of
the United States. Such certification shall be reported immediately to
Congress''.
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Upon request of the President (within seventy days after
such action referred to in subparagraphs (A), (B), or (C) of
paragraph (1) \999\ of this section), the Foreign Claims
Settlement Commission of the United States (established
pursuant to Reorganization Plan No. 1 of 1954, 68 Stat. 1279)
is hereby authorized to evaluate expropriated property,
determining the full value of any property nationalized,
expropriated, or seized, or subject to discriminatory or other
actions as aforesaid, for purposes of this subsection and to
render an advisory report to the President within ninety days
after such request. Unless authorized by the President, the
Commission shall not publish its advisory report except to the
citizen or entity owning such property. There is hereby
authorized to be appropriated such amount, to remain available
until expended, as may be necessary from time to time to enable
the Commission to carry out expeditiously its functions under
this subsection.
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\999\ Sec. 301(d)(3) of the FA Act of 1964 (Public Law 88-633)
struck out ``paragraphs (1), (2), or (3)'' and inserted in lieu thereof
``subparagraphs (A), (B), or (C) of paragraph (1)''.
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(2) \1000\ Notwithstanding any other provision of law, no
court in the United States shall decline on the ground of the
federal act of state doctrine to make a determination on the
merits giving effect to the principles of international law in
a case in which claim of title or other right to property
\1001\ is asserted by any party including a foreign state (or a
party claiming through such state) based upon (or traced
through) a confiscation or other taking after January 1, 1959,
by an act of that state in violation of the principles of
international law, including the principles of compensation and
the other standards set out in this subsection: Provided, That
this subparagraph shall not be applicable (1) in any case in
which an act of a foreign state is not contrary to
international law or with respect to a claim of title or other
right to property acquired pursuant to an irrevocable letter of
credit of not more than 180 days duration issued in good faith
prior to the time of the confiscation or other taking, or (2)
in any case with respect to which the President determines that
application of the act of state doctrine is required in that
particular case by the foreign policy interests of the United
States and a suggestion to this effect is filed on his behalf
in that case with the court.\1002\
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\1000\ Sec. 301(d)(4) of the FA Act of 1964 (Public Law 88-633)
added para. (2).
\1001\ Sec. 301(d)(2) of the FA Act of 1965 (Public Law 89-171)
inserted ``to property''.
\1002\ Sec. 301(d)(2) of the FA Act of 1965 (Public Law 89-171)
struck out ``, or (3) in any case in which the proceedings are
commenced after January 1, 1966'' at this point.
Sec. 527 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103-236; 22 U.S.C. 2370a), as amended,
however, provided the following:
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``sec. 527. expropriation of united states property.
---------------------------------------------------------------------------
``(a) Prohibition.--None of the funds made available to carry out
this Act, the Foreign Assistance Act of 1961, or the Arms Export
Control Act may be provided to a government or any agency or
instrumentality thereof, if the government of such country (other than
a country described if subsection (d))--
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``(1) has on or after January 1, 1956--
``(A) nationalized or expropriated the property of any United States
person,
``(B) repudiated or nullified any contract with any United States person,
or
``(C) taken any other action (such as the imposition of discriminatory
taxes or other exactions) which has the effect of seizing ownership or
control of the property of any United States person, and
``(2) has not, within the period specified in subsection (c), either--
``(A) returned the property,
``(B) provided adequate and effective compensation for such property in
convertible foreign exchange or other mutually acceptable compensation
equivalent to the full value thereof, as required by international law,
``(C) offered a domestic procedure providing prompt, adequate and
effective compensation in accordance with international law, or
``(D) submitted the dispute to arbitration under the rules of the
Convention for the Settlement of Investment Disputes or other mutually
agreeable binding international arbitration procedure.
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``(b) Other Actions.--The President shall instruct the United
States Executive Directors of each multilateral development bank and
international financial institution to vote against any loan or other
utilization of the funds of such bank or institution for the benefit of
any country to which assistance is prohibited under subsection (a),
unless such assistance is directed specifically to programs which serve
the basic human needs of the citizens of that country.
``(c) Period for Settlement of Claims.--The period of time
described in subsection (a)(2) is the latest of the following--
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``(1) 3 years after the date on which a claim was filed,
``(2) in the case of a country that has a totalitarian or authoritarian
government at the time of the action described in subsection (a)(1), 3
years after the date of installation of a democratically elected
government, or
``(3) 90 days after the date of enactment of this Act.
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``(d) Excepted Countries and Territories.--This section shall not
apply to any country established by international mandate through the
United Nations or to any territory recognized by the United States
Government to be in dispute.
``(e) Resumption of Assistance.--A prohibition or termination of
assistance under subsection (a) and an instruction to vote against
loans under subsection (b) shall cease to be effective when the
President certifies in writing to the Speaker of the House of
Representatives and to the Committee on Foreign Relations of the Senate
that such government has taken one of the steps described in subsection
(a)(2).
``(f) Reporting Requirement.--Not later than 90 days after the date
of enactment of this Act and at the beginning of each fiscal year
thereafter, the Secretary of State shall transmit to the Speaker of the
House of Representatives and the Committee on Foreign Relations of the
Senate, a report containing the following:
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``(1) A list of every country in which the United States Government is
aware that a United States person has an outstanding expropriation claim.
``(2) The total number of such outstanding expropriation claims made by
United States persons against each such country.
``(3) The period of time in which each such claim has been outstanding.
``(4) The status of each case and efforts made by the United States
Government and the government of the country in which such claim has been
made, to take one or more of the steps described in subsection (a)(2).
``(5) Each project a United States Executive Director voted against as a
result of the action described in subsection (b).
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``(g) Waiver.--The President may waive the prohibitions in
subsections (a) and (b) for a country, on an annual basis, if the
President determines and so notifies Congress that it is in the
national interest to do so.
``(h) Definitions.--For the purpose of this section, the term
``United States person'' means a United States citizen or corporation,
partnership, or association at least 50 percent beneficially owned by
United States citizens.
``(i) Certain Claims for Expropriation by the Government of
Nicaragua.--
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``(1) Any action of the types set forth in subparagraphs (A), (B), and
(C) of subsection (a)(1) that was taken by the Government of Nicaragua
during the period beginning on January 1, 1956, and ending on January 9,
2002, shall not be considered in implementing the prohibition under
subsection (a) unless the action has been presented in accordance with the
procedure set forth in paragraph (2).
``(2) An action shall be deemed presented for purposes of paragraph (1)
if it is--
``(A) in writing; and
``(B) received by the United States Department of State on or before 120
days after the date specified in paragraph (3) at--
``(i) the headquarters of the United States Department of
State in Washington, D.C.; or
``(ii) the Embassy of the United States of America to
Nicaragua.
``(3) The date to which paragraph (2) refers is a date after enactment of
this subsection that is specified by the Secretary of State, in the
Secretary's discretion, in a notice published in the Federal Register.''.
(f) \1003\ (1) \1004\ No assistance shall be furnished
under this Act, as amended (except section 214(b)), to any
Communist country. This restriction may not be waived pursuant
to any authority contained in this Act unless the President
finds and promptly reports to Congress that: (A) such
assistance is vital to the security of the United States; (B)
the recipient country is not controlled by the international
Communist conspiracy; and (C) such assistance will further
promote the independence of the recipient country from
international communism. For the purposes of this subsection,
the phrase ``Communist country'' includes specifically, but is
not limited to, the following countries: \1005\
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\1003\ Sec. 301(d)(3) of the FA Act of 1962 (Public Law 87-565)
added subsec. (f).
Sec. 516 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1999 (division A, sec. 101(d) of Public
Law 105-277; 112 Stat. 2681), amended sec. 307 of this Act to include a
reference to sec. 620(f).
\1004\ Sec. 1202 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 276) redesignated
clauses (1), (2), and (3) as (A), (B), and (C); added the text of para.
(2); and added the ``(1)'' designation immediately after subsec. (f).
The Secretary of State determined the following countries to be
removed from the application of section 620(f)(2) pursuant to national
interests of the United States: People's Republic of China and Tibet,
removed December 11, 1985 (51 F.R. 1890; January 15, 1986); Yugoslavia,
removed August 5, 1986 (51 F.R. 29662; August 19, 1986); Poland and
Hungary, removed September 7, 1989 (Department of State memoranda to
Chairman, House Committee on Foreign Affairs, September 7, 1989); Czech
and Slovak Federal Republic, removed June 14, 1990 (55 F.R. 24335; June
15, 1990); German Democratic Republic, removed July 12, 1990 (55 F.R.
33996; August 20, 1990); Republic of Bulgaria, removed May 3, 1991 (56
F.R. 22747; May 16, 1991); Soviet Union, removed September 10, 1991 (56
F.R. 51734; October 15, 1991); Estonia, Latvia, and Lithuania, removed
September 14, 1991 (56 F.R. 48600; September 25, 1991); Romania,
removed August 15, 1991 (56 F.R. 63753; December 5, 1991); Laos,
removed May 12, 1995 (60 F.R. 30148; June 7, 1995); Vietnam, removed
sometime in 2000 (undated unpublished determination).
\1005\ Sec. 573 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1995 (Public Law 103-306; 108
Stat. 1653), struck the Mongolian People's Republic from the list.
Previously, Sec. 901 of the FREEDOM Support Act (Public Law 102-
511; 106 Stat. 3355) struck the Czechoslovak Socialist Republic,
Estonia, German Democratic Republic, Hungarian People's Republic,
Latvia, Lithuania, People's Republic of Albania, People's Republic of
Bulgaria, Polish People's Republic, Socialist Federal Republic of
Yugoslavia, Socialist Republic of Romania, and Union of Soviet
Socialist Republics (including its captive constituent republics) from
the list.
Previously, sec. 707 of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1546) made
technical changes to this sentence in subsec. (f) and to the list of
countries.
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Democratic People's Republic of Korea.
People's Republic of China.
Republic of Cuba.
Socialist Republic of Vietnam.
Tibet.
(2) \1004\ Notwithstanding the provisions of paragraph (1)
of this subsection, the President may remove a country, for
such period as the President determines, from the application
of this subsection, and other provisions which reference this
subsection, if the President determines and reports to the
Congress that such action is important to the national interest
of the United States. It is the sense of the Congress that when
consideration is given to authorizing assistance to a country
removed from the application of this subsection, one of the
factors to be weighed, among others, is whether the country in
question is giving evidence of fostering the establishment of a
genuinely democratic system, with respect for internationally
recognized human rights.
(g) \1006\ Notwithstanding any other provision of law, no
monetary assistance shall be made available under this Act to
any government or political subdivision or agency of such
government which will be used to compensate owners for
expropriated or nationalized property and, upon finding by the
President that such assistance has been used by any government
for such purpose, no further assistance under this Act shall be
furnished to such government until appropriate reimbursement is
made to the United States for sums so diverted. This
prohibition shall not apply to monetary assistance made
available for use by a government (or a political subdivision
or agency of a government) to compensate nationals of that
country in accordance with a land reform program, if the
President determines that monetary assistance for such land
reform program will further the national interests of the
United States.\1007\
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\1006\ Sec. 301(d)(3) of the FA Act of 1962 (Public Law 87-565)
added subsecs. (g) and (h). Sec. 7071(f) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2009
(division H of Public Law 111-8; 123 Stat. 904), provides the
following:
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``Asia
---------------------------------------------------------------------------
``* * * (f) People's Republic of China.--
---------------------------------------------------------------------------
``(1) Notwithstanding any other provision of law and subject to the
regular notification procedures of the Committees on Appropriations, of the
funds appropriated under the heading `Development Assistance' in this Act,
not less than $11,000,000 shall be made available to United States
educational institutions and nongovernmental organizations for programs and
activities in the People's Republic of China relating to the environment,
governance and the rule of law.
``(2) None of the funds appropriated under the heading `Diplomatic and
Consular Programs' in this Act may be obligated or expended for processing
licenses for the export of satellites of United States origin (including
commercial satellites and satellite components) to the People's Republic of
China unless, at least 15 days in advance, the Committees on Appropriations
are notified of such proposed action.
``(3) Not later than 180 days after enactment of this Act, the Secretary
of State shall submit a report to the Committees on Appropriations
detailing, to the extent practicable, the amount of assistance provided by
the People's Republic of China to governments and entities in Latin America
and Africa during the previous calendar year, and shall make such report
publicly available in a timely manner on the website of the Department of
State and the United States Agency for International Development in English
and Mandarin.
``(4) Of the funds appropriated under the heading `Diplomatic and
Consular Programs' in this Act, $1,000,000 shall be made available to the
Bureau of International Information Programs to disseminate information, in
Mandarin, in the People's Republic of China: Provided, That such
information shall include issues of governance, transparency, corruption,
rule of law, and the environment, and the findings of the report required
by paragraph (3) of this subsection, and shall be disseminated through the
Internet, text messaging or other means, and directed to economically
depressed areas of the People's Republic of China: Provided further, That
such funds are in addition to funds otherwise made available for such
purposes: Provided further, That the Department of State shall consult with
the Committees on Appropriations prior to the initial obligation of funds
made available by this subsection.
``(5) The terms and requirements of section 620(h) of the Foreign
Assistance Act of 1961 shall apply to foreign assistance projects or
activities of the People's Liberation Army (PLA) of the People's Republic
of China, to include such projects or activities by any entity that is
owned or controlled by, or an affiliate of, the PLA: Provided, That none of
the funds appropriated or otherwise made available pursuant to this Act may
be used to finance any grant, contract, or cooperative agreement with the
PLA, or any entity that the Secretary of State has reason to believe is
owned or controlled by, or an affiliate of, the PLA.''.
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\1007\ Sec. 1203 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 277) added the last
sentence.
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(h) \1006\ The President shall adopt regulations and
establish procedures to insure that United States foreign aid
is not used in a manner which, contrary to the best interests
of the United States, promotes or assists the foreign aid
projects or activities of any country that is a Communist
country for purposes of subsection (f).\1008\
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\1008\ Sec. 705(3) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2317) struck out ``the Communist-bloc countries'', and inserted
in lieu thereof ``any country that is a Communist country for purposes
of subsection (f)''.
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(i) \1009\ * * * [Repealed--1981]
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\1009\ Subsec. (i), as added by sec. 301(e)(3) of the FA Act of
1963 (Public Law 88-205) and amended by sec. 301(h)(1) of the FA Act of
1966 (Public Law 89-583), was repealed by sec. 734(a)(1) of the
International Security and Development Cooperation Act of 1981 (Public
Law 97-113; 95 Stat. 1560). Formerly, subsec. (i) had prohibited any
foreign assistance or sales under Public Law 480 to countries engaging
in or preparing for aggressive military efforts or participating in an
international conference involving the planning of insurrection or
subversion directed against the United States or other nations
receiving American foreign aid or Public Law 480 sales.
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(j) \1010\ The President shall consider terminating
assistance under this or any other Act to any country which
permits, or fails to take adequate measures to prevent, the
damage or destruction by mob action of United States property
within such country, and fails to take appropriate measures to
prevent a recurrence thereof and to provide adequate
compensation for such damage or destruction.
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\1010\ Subsec. (j), which was added by sec. 301(e)(3) of the FA Act
of 1963 (Public Law 88-205), was amended and restated by sec. 301(f)(1)
of the FA Act of 1967 (Public Law 90-137). It formerly read as follows:
``No assistance under this Act shall be furnished to Indonesia unless
the President determines that the furnishing of such assistance is
essential to the national interest of the United States. The President
shall keep the Foreign Relations Committee and the Appropriations
Committee of the Senate and the Speaker of the House of Representatives
fully and currently informed of any assistance furnished to Indonesia
under this Act.''.
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(k) \1011\ Without the express approval of Congress, no
assistance shall be furnished under this Act to any country for
construction of any productive enterprise with respect to which
the aggregate value of assistance to be furnished by the United
States will exceed $100,000,000, except that this sentence does
not apply with respect to assistance for construction of any
productive enterprise in Egypt which is described in the
presentation materials to Congress.\1012\ Except as otherwise
provided in section 506,\1013\ no military assistance to be
furnished beginning July 1, 1966, by the United States will
exceed $100,000,000 unless such program has been included in
the presentation to the Congress during its consideration of
authorizations for appropriations under this Act or of
appropriations pursuant to authorizations contained in this
Act. No provision of this or any other Act shall be construed
to authorize the President to waive the provisions of this
subsection.
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\1011\ Subsec. (k), which was added by sec. 301(e)(3) of the FA Act
of 1963 (Public Law 88-205), was amended by sec. 301(h)(2) of the FA
Act of 1966 (Public Law 89-583). It formerly read as follows:
``(k) Until the enactment of the Foreign Assistance Act of the 1965
or other general legislation, during the calendar year 1965,
authorizing additional appropriations to carry out programs of
assistance under this Act, no assistance shall be furnished under this
Act to any country for construction of any productive enterprise with
respect to which the aggregate value of such assistance to be furnished
by the United States will exceed $100,000,000. No other provision of
this Act shall be construed to authorize the President to waive the
provisions of this subsection.''.
\1012\ Sec. 606 of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 757) inserted
``, except that this sentence does not apply with respect to assistance
for construction of any productive enterprise in Egypt which is
described in the presentation materials to Congress''. A reference to
fiscal years 1977, 1980, and 1981, which previously appeared at the end
of this sentence (the latter two were added by sec. 203 of Public Law
96-533 (94 Stat. 3145)), was deleted by sec. 702 of the International
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
Stat. 1544).
\1013\ Sec. 301(f)(2) of the FA Act of 1967 (Public Law 90-137)
struck out ``510'' and inserted in lieu thereof ``506''.
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(l) \1014\ The President shall consider denying assistance
under this Act to the government of any less developed country
which, after December 31, 1966, has failed to enter into an
agreement with the President to institute the investment
guaranty program under section 234(a)(1) \1015\ of this Act,
providing protection against the specific risks of
inconvertibility under subparagraph (A), and expropriation or
confiscation under subparagraph (B), of such section
234(a)(1).\1015\
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\1014\ Subsec. (l), which was added by sec. 301(e)(3) of the FA Act
of 1963 (Public Law 88-205), was amended and restated by sec. 301(h)(3)
of the FA Act of 1966 (Public Law 89-583). It formerly read, as
amended, as follows:
``(l) No assistance shall be provided under this Act after December
31, 1966, to the government of any less developed country which has
failed to enter into an agreement with the President to institute the
investment guaranty program under section 221(b)(1) of this Act,
providing protection against the specific risks of inconvertibility
under subparagraph (A), and expropriation or confiscation under
subparagraph (B), of such section 221(b)(1).''.
\1015\ Sec. 115(k) of Public Law 95-424 (92 Stat. 952) struck out
``221(b)(1)'' and inserted in lieu thereof ``234(a)(1)''.
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(m) \1016\ * * * [Repealed--1981]
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\1016\ Subsec. (m), prohibiting assistance on a grant basis to any
economically developed nation with certain condition, added by sec.
301(e)(3) of the FA Act of 1963 (Public Law 88-205), amended by sec.
301(g) of the FA Act of 1964 (Public Law 88-633), was repealed by sec.
734(a)(1) of the International Security and Development Cooperation Act
of 1981 (Public Law 97-113; 95 Stat. 1560).
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(n) \1017\ * * * [Repealed--1977]
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\1017\ Subsec. (n), as added by sec. 301(d)(4) of the FA Act of
1965 (Public Law 89-171) and amended by the FA Acts of 1966, 1967, and
1974, was repealed by sec. 123(b) of the International Development and
Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 541). It
formerly read as follows:
``(n) No loans, credits, guaranties, or grants or other assistance
shall be furnished under this or any other Act, and no sales shall be
made under the Agricultural Trade Development and Assistance Act of
1954, to any country which sells or furnishes to North Vietnam, or
which permits ships or aircraft under its registry to transport to or
from North Vietnam, any equipment, materials, or commodities, so long
as the regime in North Vietnam gives support to hostilities in South
Vietnam, unless the President determines that such loans, credits,
guaranties, grants, other assistance, or sales are in the national
interest of the United States.''.
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(o) \1018\ In determining whether or not to furnish
assistance under this Act, consideration shall be given to
excluding from such assistance any country which hereafter
seizes, or imposes any penalty or sanction against, any United
States fishing vessel on account of its fishing activities in
international waters. The provisions of this subsection shall
not be applicable in any case governed by international
agreement to which the United States is a party.
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\1018\ Sec. 301(d)(4) of the FA Act of 1965 (Public Law 89-171)
added subsec. (o).
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(p) \1019\ * * * [Repealed--1974]
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\1019\ Subsec. (p), as added by sec. 301(h)(5) of the FA Act of
1966 (Public Law 89-583), and related to assistance to the United Arab
Republic, was repealed by sec. 44 of the FA Act of 1974 (Public Law 93-
559).
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(q) \1020\ No assistance shall be furnished under this Act
to any country which is in default, during a period in excess
of six calendar months, in payment to the United States of
principal or interest on any loan made to such country under
this Act, unless such country meets its obligations under the
loan or unless the President determines that assistance to such
country is in the national interest and notifies the Speaker of
the House of Representatives and the Committee on Foreign
Relations of the Senate of such determination.
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\1020\ Sec. 301(h)(5) of the FA Act of 1966 (Public Law 89-583)
added subsecs. (q) and (r).
Title VII of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 863, 877), provides the following:
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``limitation on assistance to countries in default
---------------------------------------------------------------------------
``Sec. 7012. No part of any appropriation provided under titles III
through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess
of one calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the
United States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following consultations
with the Committees on Appropriations, that assistance to such country
is in the national interest of the United States.
---------------------------------------------------------------------------
* * * * * * *
``special authorities
---------------------------------------------------------------------------
``Sec. 7034. (a) Afghanistan, Iraq, Pakistan, Lebanon, Montenegro,
Victims of War, Displaced Children, and Displaced Burmese.--Funds
appropriated under titles III through VI of this Act that are made
available for assistance for Afghanistan may be made available
notwithstanding section 7012 of this Act or any similar provision of
law and section 660 of the Foreign Assistance Act of 1961, and funds
appropriated in titles III and VI of this Act that are made available
for Iraq, Lebanon, Montenegro, Pakistan, and for victims of war,
displaced children, and displaced Burmese, and to assist victims of
trafficking in persons and, subject to the regular notification
procedures of the Committees on Appropriations, to combat such
trafficking, may be made available notwithstanding any other provision
of law.''.
On March 12, 2007, the Secretary of State determined ``that
assistance to the Republic of Somalia is in the national interest of
the United States and thereby waive[d], with respect to that country,
the application of section 620(q) of the FAA from the date it would
otherwise have been applicable and section 512 of the FOAA, as carried
forward under the Continuing Resolution (Pub. L. 110-5), as amended,
any similar provisions in prior year FOAAs.'' (Department of State
Public Notice 5782; 72 F.R. 20577).
The Secretary of State made similar determinations for the
Dominican Republic (Department of State Public Notice 5001; December
18, 2004; 70 F.R. 9125), and the Democratic Republic of Congo
(Department of State Public Notice 5675; December 11, 2006; 72 F.R.
2721).
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(r) \1020\,\1021\ No recipient of a loan made
under the authority of this Act, any part of which is
outstanding on or after the date of enactment of this
subsection, shall be relieved of liability for the repayment of
any part of the principal of or interest on such loan.
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\1021\ Sec. 7033(e) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 877), provides the following:
---------------------------------------------------------------------------
``Special Debt Relief for the Poorest
---------------------------------------------------------------------------
``Sec. 7033.* * *(e) Certain Prohibitions Inapplicable.--A
reduction of debt pursuant to subsection (a) shall not be considered
assistance for the purposes of any provision of law limiting assistance
to a country. The authority provided by subsection (a) may be exercised
notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or
section 321 of the International Development and Food Assistance Act of
1975.''.
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(s) \1022\ (1) In order to restrain arms races and
proliferation of sophisticated weapons, and to ensure that
resources intended for economic development are not diverted to
military purposes, the President shall take into account before
furnishing development loans, Alliance loans or supporting
assistance to any country under this Act, and before making
sales under the Food for Peace Act,\1023\ as amended:
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\1022\ Subsec. (s), added by sec. 301(f)(4) of the FA Act of 1967
(Public Law 90-137), was amended and restated by sec. 303(a) of the FA
Act of 1969 (Public Law 91-175).
\1023\ Sec. 3001(b) of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural
Trade Development and Assistance Act of 1954'' and inserted in lieu
thereof ``Food for Peace Act''. For text of the Food for Peace Act, see
Legislation on Foreign Relations Through 2008, vol. I-B.
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(A) the percentage of the recipient or purchasing
country's budget which is devoted to military purposes;
and
(B) the degree to which the recipient or purchasing
country is using its foreign exchange or other \1024\
resources to acquire military equipment.
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\1024\ Sec. 734(b) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) inserted
``or other'' in subpara. (B) and repealed subpara. (C), which had
formerly read as follows:
``(C) the amount spent by the recipient or purchasing country for
the purchase of sophisticated weapons systems, such as missile systems
and jet aircraft for military purposes, from any country.''.
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(2) \1025\ The President shall report annually to the
Speaker of the House of Representatives and the Committee on
Foreign Relations of the Senate his actions in carrying out
this provision.
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\1025\ Sec. 3003(a)(1) of the Federal Reports Elimination and
Sunset Act of 1995 (Public Law 104-66; 31 U.S.C. 1113 note), as
amended, provided that ``each provision of law requiring the submittal
to Congress (or any committee of the Congress) of any annual,
semiannual, or other regular periodic report specified * * * shall
cease to be effective, with respect to that requirement, May 15,
2000'', and is applicable to this paragraph.
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(t) \1026\ No assistance shall be furnished under this or
any other Act and no sales shall be made under the Food for
Peace Act,\1027\ in or to any country which has severed or
hereafter severs diplomatic relations with the United States or
with which the United States has severed or hereafter severs
diplomatic relations, unless (1) diplomatic relations have been
resumed with such country and (2) agreements for the furnishing
of such assistance or the making of such sales, as the case may
be, have been negotiated and entered into after the resumption
of diplomatic relations with such country.
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\1026\ Sec. 301(f)(4) of the FA Act of 1967 (Public Law 90-137)
added subsecs. (t) and (u).
\1027\ Sec. 3001(b) of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural
Trade Development and Assistance Act of 1954'' and inserted in lieu
thereof ``Food for Peace Act''.
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(u) \1026\ In any decision to provide or continue to
provide any program of assistance to any country under the
Foreign Assistance Act of 1961, as amended, there shall be
taken into account the status of the country with respect to
its dues, assessments, and other obligations to the United
Nations; and where such country is delinquent with respect to
any such obligations for the purposes of the first sentence of
Article 19 of the United Nations Charter, the President shall
furnish the Committee on Foreign Relations of the Senate and
the Speaker of the House of Representatives a report setting
forth the assurance given by the government of the country
concerned of paying all of its arrearages and of placing its
payments of such obligations on a current basis, or a full
explanation of the unusual or exceptional circumstances which
render it economically incapable of giving such assurance.
(v) \1028\ * * * [Repealed--1974]
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\1028\ Subsec. (v), relating to assistance to Greece, was added by
sec. 301 of the FA Act of 1971 (Public Law 92-226) and repealed by sec.
24 of the FA Act of 1974 (Public Law 93-559).
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(w) \1029\ * * * [Repealed--1978]
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\1029\ Subsec. (w), relating to the suspension of aid to Pakistan,
was added by the FA Act of 1971 (Public Law 92-226), and repealed by
sec. 502(d)(1) of the International Development and Food Assistance Act
of 1978 (Public Law 95-424; 92 Stat. 959).
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(x) \1030\ (1) All military assistance, all sales of
defense articles and services (whether for cash or by credit,
guaranty, or any other means), and all licenses with respect to
the transportation of arms, ammunitions, and implements of war
(including technical data relating thereto) to the Government
of Turkey, shall be suspended on the date of enactment of this
subsection unless and until the President determines and
certifies to the Congress that the Government of Turkey is in
compliance with the Foreign Assistance Act of 1961, the Foreign
Military Sales Act,\1031\ and any agreement entered into under
such Acts, and that substantial progress toward agreement has
been made regarding military forces in Cyprus: Provided, That
for the fiscal year 1978 \1032\ the President may suspend the
provisions of this subsection and of section 3(c) of the Arms
Export Control Act with respect to cash sales and extensions of
credits and guaranties under such Act for the procurement of
such defense articles and defense services as the President
determines are necessary to enable Turkey to fulfill her
defense responsibilities as a member of the North Atlantic
Treaty Organization, except that during the fiscal year 1978
\1033\ the total value of defense articles and defense services
sold to Turkey under such Act, either for cash or financed by
credits and guaranties, shall not exceed $175,000,000.\1034\
Any such suspension shall be effective only so long as Turkey
observes the cease-fire on Cyprus, does not increase its
military forces or its civilian population on Cyprus, and does
not transfer to Cyprus any United States supplied arms,
ammunition, or implements of war. The determination required by
the proviso in the first sentence of this paragraph shall be
made, on a case-by-case basis, with respect to each cash sale,
each approval for use of credits, and each approval for use of
a guaranty for Turkey. Each such determination shall be
reported to the Congress and shall be accompanied by a full and
complete statement of the reasons supporting the President's
determination and a statement containing the information
specified in clauses (A) through (D) of section 2(c)(4) of the
Act of October 6, 1975 (Public Law 94-104).\1035\ In any case
involving the sale of significant combat equipment on the
United States Munitions List in which the congressional review
provisions of section 36(b) of the Arms Export Control Act do
not apply, the President may not issue the letter of offer or
approve the use of the credits or guaranty, as the case may be,
until the end of the thirty-day period beginning on the date on
which the report required by the preceding sentence is
submitted to the Congress.\1036\
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\1030\ Sec. 22 of the FA Act of 1974 (Public Law 93-559) added
subsec. (x). Sec. 13(a) of the International Security Assistance Act of
1978 (Public Law 95-384; 92 Stat. 737) specified that subsec. (x) would
be of no further force and effect once the President had determined and
certified to the Congress that resumption of aid to Turkey was in the
national interest as well as in the interest of NATO and that Turkey
was acting in good faith toward achieving a peaceful settlement of the
Cyprus problem. The President made such a determination, dated
September 26, 1978.
\1031\ Renamed the Arms Export Control Act.
\1032\ Sec. 22(d)(1) of the International Security Assistance Act
of 1977 (Public Law 95-92; 91 Stat. 624) struck out the references to
fiscal years 1976 and 1977 and added the references to fiscal year
1978.
\1033\ Sec. 22(d)(2) of the International Security Assistance Act
of 1977 (Public Law 95-92; 91 Stat. 624) inserted ``during the fiscal
year 1978'', and struck out the following that had previously appeared
at this point:
``(A) during the fiscal year 1976 and the period beginning July 1,
1976, and ending September 30, 1976, the total value of defense
articles and defense services sold to Turkey under such Act, either for
cash or financed by credits and guaranties, shall not exceed
$125,000,000, and (B) during the fiscal year 1977.''.
\1034\ Sec. 22(d)(3) of the International Security Assistance Act
of 1977 (Public Law 95-92; 91 Stat. 624) struck out ``$125,000,000''
and inserted in lieu thereof ``$175,000,000''.
\1035\ For text, see Legislation on Foreign Relations Through 2008,
vol. I-B.
\1036\ Sec. 403 of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 757) amended
sec. 620(x)(1) beginning with the words ``Provided, That for the fiscal
year * * *''. Sec. 620(x)(1) formerly read as follows: Provided, That
the President is authorized to suspend the provisions of this section
and such acts if he determines that such suspension will further
negotiations for a peaceful solution of the Cyprus conflict. Any such
suspension shall be effective only until February 5, 1975, and only if,
during that time, Turkey shall observe the ceasefire and shall neither
increase its forces in Cyprus nor transfer to Cyprus any U.S. supplied
implements of war.''.
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(2) \1037\ The President shall submit to the Congress
within 60 days after the enactment of this paragraph and at the
end of such succeeding sixty-day period, a report on progress
made during such period toward the conclusion of a negotiated
solution of the Cyprus conflict.
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\1037\ Sec. 2(a)(2) of Public Law 94-104 added para. (2). Para. (2)
did not become effective until enactment of the International Security
Assistance and Arms Export Control Act of 1976 on June 30, 1976. See
sec. 2(c)(5) of Public Law 94-104, in Legislation on Foreign Relations
Through 2008, vol. I-B, for explanation of the effective date of para.
(2).
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(y) \1038\ (1) Except as provided in paragraph (2), the
President shall withhold from amounts made available under this
Act or any other Act and allocated for a country for a fiscal
year an amount equal to the aggregate value of nuclear fuel and
related assistance and credits provided by that country, or any
entity of that country, to Cuba during the preceding fiscal
year.
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\1038\ Sec. 2810(a) of the Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
105-277; 112 Stat. 2861), added subsec. (y). Subsec. (b) of that
section provided that the amendment ``* * * shall apply with respect to
assistance provided in fiscal years beginning on or after the date of
the enactment of this Act.''.
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(2) The requirement to withhold assistance for a country
for a fiscal year under paragraph (1) shall not apply if Cuba--
(A) has ratified the Treaty on the Non-Proliferation
of Nuclear Weapons (21 UST 483) or the Treaty of
Tlatelelco, and Cuba is in compliance with the
requirements of either such Treaty;
(B) has negotiated and is in compliance with full-
scope safeguards of the International Atomic Energy
Agency not later than two years after ratification by
Cuba of such Treaty; and
(C) incorporates and is in compliance with
internationally accepted nuclear safety standards.
(3) The Secretary of State shall prepare and submit to the
Congress each year a report containing a description of the
amount of nuclear fuel and related assistance and credits
provided by any country, or any entity of a country, to Cuba
during the preceding year, including the terms of each transfer
of such fuel, assistance, or credits.
Sec. 620A.\1039\, \1040\ Prohibition on
Assistance to Governments Supporting International Terrorism.
---------------------------------------------------------------------------
\1039\ 22 U.S.C. 2371. Sec. 6(j) of the Export Administration Act
(Public Law 96-72; 50 U.S.C. app. 2405(j)) similarly requires the
Secretary of State to determine whenever a country is found to support
acts of international terrorism. The current list of sec. 6(j)
countries includes Cuba (Department of State Public Notice; February
26, 1982; 47 F.R. 16623), Iran (Department of State Public Notice 84-3;
January 1984; 49 F.R. 2836), Sudan (Department of State Public Notice
1878; August 12, 1993; 58 F.R. 52523), and Syria (December 29, 1979).
In recent years, the following countries have been removed from the
sec. 6(j) designation: Iraq (Presidential Determination No. 2004-52;
September 24, 2004; 69 F.R. 58793; and Department of State Public
Notice 4863; October 7, 2004; 69 F.R. 61702); Libya (Presidential
Determination No. 2006-14; May 12, 2006; 71 F.R. 30551 and 31909; and
Department of State Public Notice 5464; June 30, 2006; 71 F.R. 39696);
and North Korea (Memorandum of June 26, 2008; 73 F.R. 37351; and
Department of State Public Notice 6415; October 11, 2008; 73 F.R.
63540).
Sec. 40A of the Arms Export Control Act (Public Law 90-629; 22
U.S.C. 2781) requires the President to determine annually those
countries not cooperating fully with United States antiterrorism
efforts. Pursuant to that requirement, on May 14, 2008, the Deputy
Secretary of State determined and certified, ``that the following
countries are not cooperating fully with United States antiterrorism
efforts: Cuba; Eritrea; Iran; North Korea; Syria; Venezuela. I hereby
notify that the decision to retain the certification of North Korea
pursuant to Section 40A of the Arms Export Control Act comes during an
ongoing review of the designation of North Korea as a state sponsor of
terrorism. The outcome of this review may warrant a re-assessment of
whether North Korea should be included among the Countries certified as
not cooperating fully with United States antiterrorism efforts.''
(Department of State Public Notice No. 6232; 73 F.R. 29172).
Previously, title I, chapter 3 of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 Stat.
579), as amended, provided the following:
``Sec. 1503. The President may suspend the application of any
provision of the Iraq Sanctions Act of 1990: Provided, That nothing in
this section shall affect the applicability of the Iran-Iraq Arms Non-
Proliferation Act of 1992 (Public Law 102-484), except that such Act
shall not apply to humanitarian assistance and supplies: Provided
further, That the President may make inapplicable with respect to Iraq
section 620A of the Foreign Assistance Act of 1961 or any other
provision of law that applies to countries that have supported
terrorism: Provided further, That military equipment, including
equipment as defined by title XVI, section 1608(1)(A) of Public Law
102-484, shall not be exported under the authority of this section:
Provided further, That section 307 of the Foreign Assistance Act of
1961 shall not apply with respect to programs of international
organizations for Iraq: Provided further, That provisions of law that
direct the United States Government to vote against or oppose loans or
other uses of funds, including for financial or technical assistance,
in international financial institutions for Iraq shall not be construed
as applying to Iraq: Provided further, That the President shall submit
a notification 5 days prior to exercising any of the authorities
described in this section to the Committee on Appropriations of each
House of the Congress, the Committee on Foreign Relations of the
Senate, and the Committee on International Relations of the House of
Representatives: Provided further, That not more than 60 days after
enactment of this Act and every 90 days thereafter the President shall
submit a report to the Committee on Appropriations of each House of the
Congress, the Committee on Foreign Relations of the Senate, and the
Committee on International Relations of the House of Representatives
containing a summary of all licenses approved for export to Iraq of any
item on the Commerce Control List contained in the Export
Administration Regulations, 15 CFR Part 774, Supplement 1, including
identification of end users of such items: Provided further, That the
authorities contained in this section shall expire on September 30,
2004, or on the date of enactment of a subsequent Act authorizing
assistance for Iraq and that specifically amends, repeals or otherwise
makes inapplicable the authorities of this section, whichever occurs
first.''.
On May 7, 2003, the President issued Determination No. 2003-23 (68
F.R. 26459) to suspend the application of the Iraq Sanctions Act of
1990 (except sec. 586E), and sec. 620A of this Act with respect to
Iraq.
\1040\ Sec. 620A was added by sec. 303 of the International
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 753). It was amended and restated by sec. 503(a) of the
International Security and Development Cooperation Act of 1985 (Public
Law 99-83; 99 Stat. 220). It was further amended and restated by sec. 5
of the Anti-Terrorism and Arms Export Amendments Act of 1989 (Public
Law 101-222; 103 Stat. 1897).
Sec. 10 of the Anti-Terrorism and Arms Export Amendments Act of
1989 (Public Law 101-222; 103 Stat. 1900) provided the following in
relation to the amendment of sec. 620A:
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``sec. 10. self-defense in accordance with international law.
---------------------------------------------------------------------------
``The use by any government of armed force in the exercise of
individual or collective self-defense in accordance with applicable
international agreements and customary international law shall not be
considered an act of international terrorism for purposes of the
amendments made by this Act.''.
The Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8; 123 Stat.
869), provides the following:
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``prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
---------------------------------------------------------------------------
``Sec. 7021. (a) None of the funds appropriated or otherwise made
available by titles III through VI of this Act may be available to any
foreign government which provides lethal military equipment to a
country the government of which the Secretary of State has determined
is a government that supports international terrorism for purposes of
section 6(j) of the Export Administration Act of 1979. The prohibition
under this section with respect to a foreign government shall terminate
12 months after that government ceases to provide such military
equipment. This section applies with respect to lethal military
equipment provided under a contract entered into after October 1, 1997.
``(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that
furnishing such assistance is important to the national interests of
the United States.
``(c) Whenever the President makes a determination pursuant to
subsection (b), the President shall submit to the appropriate
congressional committees a report with respect to the furnishing of
such assistance. Any such report shall include a detailed explanation
of the assistance to be provided, including the estimated dollar amount
of such assistance, and an explanation of how the assistance furthers
United States national interests.
---------------------------------------------------------------------------
``prohibition on bilateral assistance to terrorist countries
---------------------------------------------------------------------------
``Sec. 7022. (a) Funds appropriated for bilateral assistance under
any heading in titles III through VI of this Act and funds appropriated
under any such heading in a provision of law enacted prior to the
enactment of this Act, shall not be made available to any country which
the President determines--
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``(1) grants sanctuary from prosecution to any individual or group which
has committed an act of international terrorism; or
``(2) otherwise supports international terrorism.
---------------------------------------------------------------------------
``(b) The President may waive the application of subsection (a) to
a country if the President determines that national security or
humanitarian reasons justify such waiver. The President shall publish
each waiver in the Federal Register and, at least 15 days before the
waiver takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.''.
See also in that Act: sec. 7028--Eligibility for Assistance (123
Stat. 873); sec. 7033--Special Debt Relief for the Poorest (123 Stat.
876); sec. 7034--Special Authorities (123 Stat. 877); sec. 7039--
Assistance for the West Bank and Gaza (123 Stat. 881); sec. 7040--
Limitation on Assistance for the Palestinian Authority (123 Stat. 882);
sec. 7046--Colombia (123 Stat. 888); and sec. 7054--Restrictions on
United Nations Delegations (123 Stat. 893).
See also sec. 586 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2047), cited as the ``Iraq Sanctions Act of 1990'', in
Legislation on Foreign Relations Through 2008, vol. I-B.
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(a) \1041\ Prohibition.--The United States shall not
provide any assistance under this Act, the Food for Peace
Act,\1042\ the Peace Corps Act, or the Export-Import Bank Act
of 1945 to any country if the Secretary of State determines
that the government of that country has repeatedly provided
support for acts of international terrorism.
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\1041\ See also 18 U.S.C. 2332d, as added by sec. 321 of Public Law
104-132 (110 Stat. 1254), which provides that U.S. persons engaging in
financial transactions with the government of a country designated as
supporting international terrorism under sec. 6(j) of the Export
Administration Act (50 U.S.C. App. 2405) shall be fined under title 18,
imprisoned for not more than 10 years, or both.
\1042\ Sec. 3001(b) of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural
Trade Development and Assistance Act of 1954'' and inserted in lieu
thereof ``Food for Peace Act''.
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(b) Publication of Determinations.--Each determination of
the Secretary of State under subsection (a), including each
determination in effect on the date of the enactment of the
Antiterrorism and Arms Export Amendments Act of 1989, shall be
published in the Federal Register.
(c) Rescission.--A determination made by the Secretary of
State under subsection (a) may not be rescinded unless the
President submits to the Speaker of the House of
Representatives and the Chairman of the Committee on Foreign
Relations of the Senate--
(1) before the proposed rescission would take effect,
a report certifying that--
(A) there has been a fundamental change in
the leadership and policies of the government
of the country concerned;
(B) that government is not supporting acts of
international terrorism;
(C) that government has provided assurances
that it will not support acts of international
terrorism in the future; or
(2) at least 45 days before the proposed rescission
would take effect, a report justifying the rescission
and certifying that--
(A) the government concerned has not provided
any support for international terrorism during
the preceding 6-month period; and
(B) the government concerned has provided
assurances that it will not support acts of
international terrorism in the future.
(d) Waiver.--Assistance prohibited by subsection (a) may be
provided to a country described in that subsection if--
(1) the President determines that national security
interests or humanitarian reasons justify a waiver of
subsection (a), except that humanitarian reasons may
not be used to justify assistance under part II of this
Act (including chapter 4, chapter 6, and chapter 8), or
the Export-Import Bank Act of 1945; and
(2) at least 15 days before the waiver takes effect,
the President consults with the Committee on Foreign
Affairs \1043\ of the House of Representatives and the
Committee on Foreign Relations of the Senate regarding
the proposed waiver and submits a report to the Speaker
of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate
containing--
---------------------------------------------------------------------------
\1043\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(A) the name of the recipient country;
(B) a description of the national security
interests or humanitarian reasons which require
the waiver;
(C) the type and amount of and the
justification for the assistance to be provided
pursuant to the waiver; and
(D) the period of time during which such
waiver will be effective.
The waiver authority granted in this subsection may not be used
to provide any assistance under the Foreign Assistance Act of
1961 which is also prohibited by section 40 of the Arms Export
Control Act.
Sec. 620B.\1044\ Prohibition Against Assistance and Sales
to Argentina. * * * [Repealed--1981]
---------------------------------------------------------------------------
\1044\ Sec. 620B, added by sec. 11 of Public Law 95-92 (91 Stat.
619) and amended by sec. 12(c)(1) of Public Law 95-384 (92 Stat. 737),
was repealed by sec. 725(a) of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1553).
Sec. 620B had prohibited the furnishing of MAP, ESF, IMET, and
Peacekeeping assistance under this Act, and the extension of credits,
sales, or export licenses under the Arms Export Control Act for
Argentina after September 30, 1978. Sec. 725(b) of Public Law 97-113,
imposing conditions on U.S. assistance and sales to Argentina, was
repealed in 1989.
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Sec. 620C.\1045\ United States Policy Regarding the Eastern
Mediterranean.--(a) The Congress declares that the achievement
of a just and lasting Cyprus settlement is and will remain a
central objective of United States foreign policy. The Congress
further declares that any action of the United States with
respect to section 620(x) of this Act shall not signify a
lessening of the United States commitment to a just solution to
the conflict on Cyprus but is authorized in the expectation
that this action will be conducive to achievement of a Cyprus
solution and a general improvement in relations among Greece,
Turkey, and Cyprus and between those countries and the United
States. The Congress finds that--
---------------------------------------------------------------------------
\1045\ 22 U.S.C. 2373. Sec. 13(b) of the International Security
Assistance Act of 1978 (Public Law 95-384; 92 Stat. 737) added sec.
620C.
Title III of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 846), provides the following:
---------------------------------------------------------------------------
``economic support fund
---------------------------------------------------------------------------
``* * * Provided further, That $11,000,000 of the funds
appropriated under this heading should be made available for Cyprus to
be used only for scholarships, administrative support of the
scholarship program, bicommunal projects, and measures aimed at
reunification of the island and designed to reduce tensions and promote
peace and cooperation between the two communities on Cyprus: * * *''.
---------------------------------------------------------------------------
(1) a just settlement on Cyprus must involve the
establishment of a free and independent government on
Cyprus and must guarantee that the human rights of all
of the people of Cyprus are fully protected;
(2) a just settlement on Cyprus must include the
withdrawal of Turkish military forces from Cyprus;
(3) the guidelines for inter-communal talks agreed to
in Nicosia in February 1977 and the United Nations
resolutions regarding Cyprus provide a sound basis for
negotiation of a just settlement on Cyprus;
(4) serious negotiations, under United Nations
auspices, will be necessary to achieve agreement in,
and implementation of, constitutional and territorial
terms within such guidelines; and
(5) the recent proposals by both Cypriot communities
regarding the return of the refugees to the city of New
Famagusta (Varosha) constitute a positive step and the
United States should actively support the efforts of
the Secretary General of the United Nations with
respect to this issue.
(b) United States policy regarding Cyprus, Greece, and
Turkey shall be directed toward the restoration of a stable and
peaceful atmosphere in the Eastern Mediterranean region and
shall therefore be governed by the following principles:
(1) The United States shall actively support the
resolution of differences through negotiations and
internationally established peaceful procedures, shall
encourage all parties to avoid provocative actions, and
shall strongly oppose any attempt to resolve disputes
through force or threat of force.
(2) The United States will accord full support and
high priority to efforts, particularly those of the
United Nations, to bring about a prompt, peaceful
settlement on Cyprus.
(3) All defense articles furnished by the United
States to countries in the Eastern Mediterranean region
will be used only in accordance with the requirements
of this Act, the Arms Export Control Act, and the
agreements under which those defense articles were
furnished.
(4) The United States will furnish security
assistance for Greece and Turkey only when furnishing
that assistance is intended solely for defensive
purposes, including when necessary to enable the
recipient country to fulfill its responsibilities as a
member of the North Atlantic Treaty Organization, and
shall be designed to ensure that the present balance of
military strength among countries of the region,
including between Greece and Turkey, is preserved.
Nothing in this paragraph shall be construed to
prohibit the transfer of defense articles to Greece or
Turkey for legitimate self defense or to enable Greece
or Turkey to fulfill their North Atlantic Treaty
Organization obligations.
(5) The United States shall use its influence to
ensure the continuation of the ceasefire on Cyprus
until an equitable negotiated settlement is reached.
(6) The United States shall use its influence to
achieve the withdrawal of Turkish military forces from
Cyprus in the context of a solution to the Cyprus
problem.
(c) \1046\ Because progress toward a Cyprus settlement is a
high priority of United States policy in the Eastern
Mediterranean, the President and the Congress shall continually
review that progress and shall determine United States policy
in the region accordingly. To facilitate such a review the
President shall, within 60 days after the date of enactment of
this section and at the end of each succeeding 60-day period,
transmit to the Speaker of the House of Representatives and the
chairman of the Committee on Foreign Relations of the Senate a
report on progress made toward the conclusion of a negotiated
solution of the Cyprus problem. Such transmissions shall
include any relevant reports prepared by the Secretary General
of the United Nations for the Security Council.
---------------------------------------------------------------------------
\1046\ Sec. 209(e)(7) of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
113 Stat. 1536), stated that sec. 3003(a)(1) of Public Law 104-66 (109
Stat. 734) is not applicable to this subsection. Sec. 3003(a)(1) of
that Act, as amended, provided that ``* * * each provision of law
requiring the submittal to Congress (or any committee of the Congress)
of any annual, semiannual, or other regular periodic report specified
on the list * * * [prepared by the Clerk of the House of
Representatives for the first session of the One Hundred Third
Congress] shall cease to be effective, with respect to that
requirement, May 15, 2000.''.
The President delegated the reporting requirement function in
subsec. (c) to the Secretary of State on July 31, 2002 (Executive Order
13313; 68 F.R. 46073).
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(d) In order to ensure that United States assistance is
furnished consistent with the policies established in this
section, the President shall, whenever requesting any funds for
security assistance under this Act or the Arms Export Control
Act for Greece and Turkey, transmit to the Speaker of the House
of Representatives and the chairman of the Committee on Foreign
Relations of the Senate his certification, with a full
explanation thereof, that the furnishing of such assistance
will be consistent with the principles set forth in subsection
(b). The President shall also submit such a certification with
any notification to the Congress, pursuant to section 36(b) of
the Arms Export Control Act, of a proposed sale of defense
articles or services to Greece or Turkey.
(e) \1047\ (1) Any agreement for the sale or provision of
any article on the United States Munitions List (established
pursuant to section 38 of the Arms Export Control Act) entered
into by the United States after the enactment of this provision
shall expressly state that the article is being provided by the
United States only with the understanding that it will not be
transferred to Cyprus or otherwise used to further the
severance or division of Cyprus.
---------------------------------------------------------------------------
\1047\ Sec. 562 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1988 (Continuing Appropriations
for 1988; Public Law 100-202; 101 Stat. 1329-171) added subsec. (e).
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(2) The President shall report to Congress any substantial
evidence that equipment provided under any such agreement has
been used in a manner inconsistent with the purposes of this
subsection.
Sec. 620D.\1048\, \1049\ * * * [Repealed--2004]
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\1048\ Formerly at 22 U.S.C. 2374. Sec. 7104(l) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118
Stat. 3788) repealed sec. 620D, which had prohibited assistance to
Afghanistan until certain conditions were met. Sec. 620D was originally
added by sec. 505 of the International Development Cooperation Act of
1979 (Public Law 96-53; 93 Stat. 378).
\1049\ In a determination of October 7, 1992, directed to the
Secretary of State, the President stated:
``By virtue of the authority vested in me by section 620D(b) of the
Foreign Assistance Act of 1961, as amended (22 U.S.C. 2374(b)), I
hereby determine that furnishing assistance to Afghanistan with funds
authorized to be appropriated under that Act is in the national
interest of the United States because of substantially changed
circumstances in Afghanistan.
``By virtue of the authority vested in me by section 2(b)(2)(C) of
the Export-Import Bank Act of 1945, as amended (12 U.S.C.
635(b)(2)(C)), I hereby determine that Afghanistan has ceased to be a
Marxist-Leninist country within the definition of such term in
subparagraph (B)(i) of section 2(b)(2) of that Act (12 U.S.C.
635(b)(2)(B)(i)).
``In accordance with section 118(c)(1) of Public Law 99-190 (99
Stat. 1319), I hereby provide notice of my intention to restore
nondiscriminatory trade treatment to the products of Afghanistan no
sooner than 30 days following receipt by the Congress of this
memorandum.'' (Presidential Determination No. 93-3 of October 7, 1992;
57 F.R. 47557).
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Sec. 620E.\1050\ Assistance to Pakistan.--(a) The Congress
recognizes that Soviet Forces occupying Afghanistan pose a
security threat to Pakistan. The Congress also recognizes that
an independent and democratic Pakistan with continued friendly
ties with the United States is in the interest of both nations.
The Congress finds that United States assistance will help
Pakistan maintain its independence. Assistance to Pakistan is
intended to benefit the people of Pakistan by helping them meet
the burdens imposed by the presence of Soviet forces in
Afghanistan and by promoting economic development. In
authorizing assistance to Pakistan, it is the intent of
Congress to promote the expeditious restoration of full civil
liberties and representative government in Pakistan. The
Congress further recognizes that it is in the mutual interest
of Pakistan and the United States to avoid the profoundly
destabilizing effects of the proliferation of nuclear explosive
devices or the capacity to manufacture or otherwise acquire
nuclear devices.
---------------------------------------------------------------------------
\1050\ 22 U.S.C. 2375. Sec. 620E was added by sec. 736 of the
International Security and Development Cooperation Act of 1981 (Public
Law 97-113; 95 Stat. 1561). The President exercised his authority under
subsec. (d) on February 10, 1982 (Presidential Determination No. 82-7).
See also sec. 2042 of the Implementing Recommendations of the 9/11
Commission Act of 2007 (Public Law 110-53; 121 Stat. 520).
---------------------------------------------------------------------------
(b) The United States reaffirms the commitment made in its
1959 bilateral agreement with Pakistan relating to aggression
from a Communist or Communist-dominated state.
(c) Security assistance for Pakistan shall be made
available in order to assist Pakistan in dealing with the
threat to its security posed by the Soviet presence in
Afghanistan. The United States will take appropriate steps to
ensure that defense articles provided by the United States to
Pakistan are used for defensive purposes.
(d) \1051\ The President may waive the prohibitions of
section 101 of the Arms Export Control Act with respect to any
grounds for the prohibition of assistance under that section
arising before the effective date of part B of the Nuclear
Proliferation Prevention Act of 1994 to provide assistance to
Pakistan if he determines that to do so is in the national
interest of the United States.
---------------------------------------------------------------------------
\1051\ Sec. 822(b)(2) of the Nuclear Proliferation Prevention Act
of 1994 (title VIII of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995; Public Law 103-236; 108 Stat. 507 at 512), amended
and restated subsec. (d). The subsec. formerly read, as previously
amended, as follows:
``(d) The President may waive the prohibitions of section 669 of
this Act at any time during the period beginning on the date of
enactment of this section and ending on September 30, 1994, to provide
assistance to Pakistan during that period if he determines that to do
so is in the national interest of the United States.''.
See the next note relating to Presidential determinations.
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(e) \1052\ (1) \1053\ No military assistance \1054\ shall
be furnished to Pakistan and no military equipment or
technology shall be sold or transferred to Pakistan, pursuant
to the authorities contained in this Act or any other Act,
unless the President shall have certified in writing to the
Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate, during the fiscal
year in which military assistance is to be furnished or
military equipment or technology \1055\ is to be sold or
transferred, that Pakistan does not possess a nuclear explosive
device and that the proposed United States military assistance
\1056\ program will reduce significantly the risk that Pakistan
will possess a nuclear explosive device.
---------------------------------------------------------------------------
\1052\ Popularly referred to as the Pressler amendment. Subsec. (e)
was added by sec. 902 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 268). Presidential
Determinations No. 86-3 of November 25, 1985; No. 87-3 of October 27,
1986; No. 88-4 of December 17, 1987; 89-7 of November 18, 1988; and 90-
1 of October 5, 1989, 54 F.R. 43797, certified that Pakistan does not
have a nuclear explosive device and that U.S. assistance would reduce
significantly the risk that Pakistan will possess a nuclear explosive
device. The President did not certify for fiscal years 1991-1997.
On May 28 and 30, 1998, Pakistan tested nuclear explosive devices.
On May 30, 1998, the President determined that such tests had
transpired, and imposed a range of sanctions required pursuant to sec.
102(b) of the Arms Export Control Act and sec. 2(b)(4) of the Export-
Import Bank Act of 1945 (Presidential Determination No. 98-25; 63 F.R.
31881).
The India-Pakistan Relief Act, enacted as title IX of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999 (division A, sec. 101(a) of
Public Law 105-277; 112 Stat. 2681), however, authorized the President
to waive the application of sanctions against India and Pakistan for
one year. The President issued such a determination as referred to in
sec. 902 of the India-Pakistan Relief Act on December 1, 1998, that
provided: ``I hereby waive until October 21, 1999, the sanctions and
prohibitions contained in section 101 and 102 of the Arms Export
Control Act, section 620E(e) of the Foreign Assistance Act of 1961, and
section 2(b)(4) of the Export-Import Bank Act of 1945, insofar as such
sanctions and prohibitions would otherwise apply to activities of the
Export-Import Bank, the Overseas Private Investment Corporation, and
the Trade and Development Agency with respect to Pakistan and India;
assistance to Pakistan and India under the `International Military
Education and Training' program; the making of any loan or financial or
technical assistance to Pakistan by any international financial
institution in support of the assistance program that Pakistan is
negotiating with the International Monetary Fund.'' (Presidential
Determination No. 99-7; Weekly Compilation of Presidential
Documents,vol. 34, no. 49, December 7, 1998, p. 2402).
The President extended the waiver on September 30, 1999
(Presidential Determination No. 99-44; 64 F.R. 54503).
Title IX of the Department of Defense Appropriations Act, 2000
(Public Law 106-79; 113 Stat. 1283), repealed the India-Pakistan Relief
Act, effective October 21, 1999. In its place, title IX of that Act, as
amended, provided the following:
---------------------------------------------------------------------------
``title ix
``waiver of certain sanctions against india and pakistan
---------------------------------------------------------------------------
``Sec. 9001. (a) Waiver Authority.--Except as provided in
subsections (b) and (c) of this section, the President may waive, with
respect to India and Pakistan, the application of any sanction
contained in section 101 or 102 of the Arms Export Control Act (22
U.S.C. 2799aa or 22 U.S.C. 2799aa-1), section 2(b)(4) of the Export-
Import Bank Act of 1945 (12 U.S.C. 635(b)(4)), or section 620E(e) of
the Foreign Assistance Act of 1961, as amended, (22 U.S.C. 2375(e)).
``(b) Exception.--The authority to waive the application of a
sanction or prohibition (or portion thereof) under subsection (a) shall
not apply with respect to a sanction or prohibition contained in
subparagraph (B), (C), or (G) of section 102(b)(2) of the Arms Export
Control Act, unless the President determines, and so certifies to the
Congress, that the application of the restriction would not be in the
national security interests of the United States.
``(c) Termination of Waiver.--The President may not exercise the
authority of subsection (a), and any waiver previously issued under
subsection (a) shall cease to apply, with respect to India or Pakistan,
if that country detonates a nuclear explosive device after the date of
the enactment of this Act or otherwise takes such action which would
cause the President to report pursuant to section 102(b)(1) of the Arms
Export Control Act.
``(d) Targeted Sanctions.--
---------------------------------------------------------------------------
``(1) Sense of the congress.--
``(A) it is the sense of the Congress that the broad application of
export controls to nearly 300 Indian and Pakistani entities is inconsistent
with the specific national security interests of the United States and that
this control list requires refinement; and
``(B) export controls should be applied only to those Indian and
Pakistani entities that make direct and material contributions to weapons
of mass destruction and missile programs and only to those items that can
contribute to such programs.
``(2) Reporting requirement.--Not later than 60 days after the date of
the enactment of this Act, the President shall submit both a classified and
unclassified report to the appropriate congressional committees listing
those Indian and Pakistani entities whose activities contribute to missile
programs or weapons of mass destruction programs.
---------------------------------------------------------------------------
``(e) Congressional Notification.--The issuance of a license for
export of a defense article, defense service, or technology under the
authority of this section shall be subject to the same requirements as
are applicable to the export of items described in section 36(c) of the
Arms Export Control Act (22 U.S.C. 2776(c)), including the transmittal
of information and the application of congressional review procedures.
The application of these requirements shall be subject to the dollar
amount thresholds specified in that section.
``(f) Repeal.--The India-Pakistan Relief Act (title IX of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999, as contained in section
101(a) of Public Law 105-277) is repealed effective October 21,
1999.''.
The President waived the application of sanctions under the new law
on October 27, 1999 (Presidential Determination No. 2000-4; 64 F.R.
60649), to the following extent:
``(1) with respect to India, insofar as such sanctions would
otherwise apply to activities of the Export-Import Bank, the Overseas
Private Investment Corporation, and the Trade and Development Agency;
assistance under the `International Military Education and Training'
program; the making of any loan or the providing of any credit to the
Government of India by any U.S. bank; assistance to the Asian Elephant
Conservation Fund, the Rhinoceros and Tiger Conservation Fund, and the
Indo-American Environmental Leadership program; and any credit, credit
guarantee, or other financial assistance provided by the Department of
Agriculture to support the purchase of food or other agricultural
commodity; and
``(2) with respect to Pakistan, insofar as such sanctions would
otherwise apply to any credit, credit guarantee, or other financial
assistance provided by the Department of Agriculture to support the
purchase of food or other agricultural commodity; and the making of any
loan or the providing of any credit to the Government of Pakistan by
any U.S. bank.'' (Presidential Determination No. 2000-4; October 27,
1999; 64 F.R. 60649).
On September 22, 2001, the President lifted all nuclear test-
related sanctions against India and Pakistan, under the authority
granted him in the Defense Appropriations Act, FY 2000 (Presidential
Determination No. 2001-28; 66 F.R. 50095).
On October 27, 2001, the President signed Public Law 107-57 (115
Stat. 403), authorizing the waiver of remaining sanctions imposed
against Pakistan for debt arrearage and the military overthrow of its
democratically elected government. On March 14, 2003, the President
determined that a waiver of the coup-related sanctions imposed against
Pakistan ``would facilitate the transition to democratic rule in
Pakistan; and is important to United States efforts to respond to,
deter, or prevent acts of international terrorism'' and thus waived the
sanctions for FY 2003 (Presidential Determination No. 2003-16; 68 F.R.
13803). The President waived the sanctions for fiscal year 2004 in
Presidential Determination No. 2004-26 of March 24, 2004 (69 F.R.
21675), for fiscal year 2005 in Presidential Determination No. 2005-21
of February 15, 2005 (70 F.R. 10313), and for fiscal year 2006 in
Presidential Determination No. 2006-9 of February 7, 2006 (71 F.R.
11135). 7419). Sec. 7103(c) of Public Law 108-458 sought to amend
Public Law 107-57 to extend its applicability through fiscal year 2006;
that amendment, however, was not executable because of an earlier
executed amendment in Public Law 108-447, which removed text that
Public Law 108-458 cited. Sec. 2042(g) of Public Law 110-53 (121 Stat.
524) amended Public Law 107-57 to extend its applicability to fiscal
years 2007 and 2008. For Public Law 107-57, as amended, see Legislation
on Foreign Relations Through 2008, vol. I-B.
Sec. 534 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2210),
however, provided the following, relating to Public Law 107-57 and
other economic restrictions imposed on Pakistan for fiscal year 2006:
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``special authorities
---------------------------------------------------------------------------
``Sec. 534. * * *
``(j) Extension of Authority.--
---------------------------------------------------------------------------
``(1) With respect to funds appropriated by this Act that are available
for assistance for Pakistan, the President may waive the prohibition on
assistance contained in section 508 of this Act subject to the requirements
contained in section 1(b) of Public Law 107-57, as amended, for a
determination and certification, and consultation, by the President prior
to the exercise of such waiver authority.
``(2) Section 512 of this Act and section 620(q) of the Foreign
Assistance Act of 1961 shall not apply with respect to assistance for
Pakistan from funds appropriated by this Act.
``(3) Notwithstanding the date contained in section 6 of Public Law 107-
57, as amended, the provisions of sections 2 and 4 of that Act shall remain
in effect through the current fiscal year.''.
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See also sec. 102 of the Arms Export Control Act, as amended by the
Agriculture Export Relief Act of 1998 (Public Law 105-194; 112 Stat.
627).
\1053\ Sec. 559(a)(1)(D) and (E) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1996 (Public Law
104-107; 110 Stat. 743), added para. designation ``(1)'', and added new
paras. (2) through (4). These amendments are popularly collectively
referred to as the ``Brownback amendment.''
\1054\ Popularly referred to as the Brown amendment. Sec.
559(a)(1)(A) of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 743),
struck out ``No assistance'', and inserted in lieu thereof ``No
military assistance''.
\1055\ Sec. 559(a)(1)(B) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1996 (Public Law
104-107; 110 Stat. 743), struck out ``in which assistance is to be
furnished or military equipment or technology'' and inserted in lieu
thereof ``in which military assistance is to be furnished or military
equipment or technology''.
\1056\ Sec. 559(a)(1)(C) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1996 (Public Law
104-107; 110 Stat. 743), struck out ``the proposed United States
assistance'' and inserted in lieu thereof ``the proposed United States
military assistance''.
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(2) \1053\ The prohibitions in this section do not apply to
any assistance or transfer provided for the purposes of:
(A) International narcotics control (including
chapter 8 of part I of this Act) or any provision of
law available for providing assistance for
counternarcotics purposes.
(B) Facilitating military-to-military contact,
training (including chapter 5 of part II of this Act)
and humanitarian and civic assistance projects.
(C) Peacekeeping and other multilateral operations
(including chapter 6 of part II of this Act relating to
peacekeeping) or any provision of law available for
providing assistance for peacekeeping purposes, except
that lethal military equipment provided under this
subparagraph shall be provided on a lease or loan basis
only and shall be returned upon completion of the
operation for which it was provided.
(D) Antiterrorism assistance (including chapter 8 of
part II of this Act relating to antiterrorism
assistance) or any provision of law available for
antiterrorism assistance purposes.
(3) \1053\ The restrictions of this subsection shall
continue to apply to contracts for the delivery of F-16
aircraft to Pakistan.
(4) \1053\ Notwithstanding the restrictions contained in
this subsection, military equipment, technology, or defense
services, other than F-16 aircraft, may be transferred to
Pakistan pursuant to contracts or cases entered into before
October 1, 1990.
(f) \1057\ Storage Costs.--The President may release the
Government of Pakistan of its contractual obligation to pay the
United States Government for the storage costs of items
purchased prior to October 1, 1990, but not delivered by the
United States Government pursuant to subsection (e) and may
reimburse the Government of Pakistan for any such amount paid,
on such terms and conditions as the President may prescribe:
Provided, That such payments have no budgetary impact.
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\1057\ Sec. 559(a)(2) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
Stat. 743), added subsecs. (f), (g), and (h).
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(g) \1057\ Inapplicability of Restrictions to Previously
Owned Items.--Section 620E(e) does not apply to broken, worn or
unupgraded items or their equivalent which Pakistan paid for
and took possession of prior to October 1, 1990 and which the
Government of Pakistan sent to the United States for repair or
upgrade. Such equipment or its equivalent may be returned to
the Government of Pakistan: Provided, That the President
determines and so certifies to the appropriate congressional
committees that such equipment or equivalent neither
constitutes nor has received any significant qualitative
upgrade since being transferred to the United States and that
its total value does not exceed $25,000,000.
(h) \1057\ Ballistic Missile Sanctions Not Affected.--
Nothing contained herein shall affect sanctions for transfers
of missile equipment or technology required under section 11B
of the Export Administration Act of 1979 or section 73 of the
Arms Export Control Act.
SEC. 620F.\1058\ NUCLEAR NON-PROLIFERATION POLICY IN SOUTH ASIA.
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\1058\ 22 U.S.C. 2376. Added by sec. 585(a) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1993 (Public Law 102-391; 106 Stat. 1688).
Sec. 585(b) of that Act further provided:
``(b) Report on South Asian Nuclear Programs.--Not later than six
months after the enactment of this Act, the President shall submit a
report with respect to the People's Republic of China, Pakistan, and
India in writing to the Committees on Appropriations, the Speaker of
the House of Representatives, the chairman of the Committee on Foreign
Relations of the Senate, on those country's nuclear and ballistic
missile programs, including, but not limited to--
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``(1) a determination as to whether that country possesses a nuclear
explosive device or whether it possesses all the components necessary for
the assembly of such a device;
``(2) a complete report on the status of that country's missile
development program, foreign assistance to that program, and foreign sales
of missiles or missile components to that country and steps which the
United States has taken in response to such sales; and
``(3) a report on whether that country has agreed to fully adhere, and is
adhering, to all peaceful nuclear cooperation agreements with the United
States and has formally agreed to place all United States-supplied nuclear
materials under international safeguards in perpetuity.''.
(a) Findings.--The Congress finds that--
(1) the proliferation of weapons of mass destruction
remains one of the most serious threats to
international peace and stability;
(2) South Asia, in particular, is an area where the
threat of a regional nuclear exchange remains high due
to continued Indo-Pakistani tensions over issues such
as Kashmir;
(3) to date, United States efforts to halt
proliferation in South Asia have failed;
(4) although global disarmament is a desirable goal
which should be vigorously pursued, both regional and
sub-regional security arrangements can serve to
decrease tensions and promote non-proliferation in
certain areas;
(5) thus far, there has been some success on a
regional basis, such as the South Pacific Nuclear
Weapons Free Zone and the Treaty of Tlatelolco in Latin
America;
(6) in particular, in Latin America, the Treaty of
Tlatelolco has been signed by all the nuclear powers;
(7) a critical part of this treaty is Protocol II
which prohibits nuclear attacks by nuclear weapons
states on signatories to the treaty;
(8) in 1991, a proposal was made for a regional
conference on non-proliferation in South Asia which
would include Pakistan, India, the People's Republic of
China, the Soviet Union, and the United States; and
(9) thus far, Pakistan, China, Russia, and the United
States have expressed interest in attending such a
conference, whereas India has refused to attend.
(b) Policy.--It is the sense of the Congress that the
President should pursue a policy which seeks a regional
negotiated solution to the issue of nuclear non-proliferation
in South Asia at the earliest possible time, including a
protocol to be signed by all nuclear weapons states,
prohibiting nuclear attacks by nuclear weapons states on
countries in the region. Such a policy should have as its
ultimate goal concurrent accession by Pakistan and India to the
Nuclear Non-Proliferation Treaty, and should also include as
needed a phased approach to that goal through a series of
agreements among the parties on nuclear issues, such as the
agreement reached by Pakistan and India not to attack one
another's nuclear facilities.
(c) \1059\ Report on Progress Toward Regional Non-
Proliferation.--Not later than April 1 of each year,\1060\ the
President shall submit a report to the Committees on
Appropriations, the Speaker of the House of Representatives,
and the chairman of the Committee on Foreign Relations of the
Senate, on nuclear proliferation in South Asia, including
efforts taken by the United States to achieve a regional
agreement on nuclear non-proliferation, and including a
comprehensive list of the obstacles to concluding such a
regional agreement.
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\1059\ In a memorandum of March 30, 1994, the President delegated
the functions in subsec. (c) to the Secretary of State; stipulating
that preparation of the report is to be coordinated with other
agencies, as appropriate and the Assistant to the President for
National Security Affairs (59 F.R. 17229).
\1060\ Sec. 2219 of the Foreign Relations Authorization Act, Fiscal
Years 1998 and 1999 (subdivision B of Division G of Public Law 105-277;
112 Stat. 2861), struck out ``Not later than April 1, 1993, and every
six months thereafter,'' and inserted in lieu thereof ``Not later than
April 1 of each year,''.
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SEC. 620G.\1061\ PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID
TERRORIST STATES.
(a) Withholding of Assistance.--The President shall
withhold assistance under this Act to the government of any
country that provides assistance to the government of any other
country for which the Secretary of State has made a
determination under section 620A.
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\1061\ 22 U.S.C. 2377. Added by sec. 325 of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat.
1256).
Sec. 329 of that Act (110 Stat. 1258) defined assistance as
follows:
``(1) the term `assistance' means assistance to or for the benefit
of a government of any country that is provided by grant, concessional
sale, guaranty, insurance, or by any other means on terms more
favorable than generally available in the applicable market, whether in
the form of a loan, lease, credit, debt relief, or otherwise, including
subsidies for exports to such country and favorable tariff treatment of
articles that are the growth, product, or manufacture of such country;
and
``(2) the term `assistance' does not include assistance of the type
authorized under chapter 9 of part 1 of the Foreign Assistance Act of
1961 (relating to international disaster assistance).''.
Sec. 149 of Public Law 104-164 (110 Stat. 1436) also added a new
sec. 620G (redesignated as sec. 620J), relating to depleted uranium
ammunition.
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(b) Waiver.--Assistance prohibited by this section may be
furnished to a foreign government described in subsection (a)
if the President determines that furnishing such assistance is
important to the national interests of the United States and,
not later than 15 days before obligating such assistance,
furnishes a report to the appropriate committees of Congress
including--
(1) a statement of the determination;
(2) a detailed explanation of the assistance to be
provided;
(3) the estimated dollar amount of the assistance;
and
(4) an explanation of how the assistance furthers
United States national interests.
SEC. 620H.\1062\ PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE
MILITARY EQUIPMENT TO TERRORIST STATES.
(a) Prohibition.--
(1) In general.--The President shall withhold
assistance under this Act to the government of any
country that provides lethal military equipment to a
country the government of which the Secretary of State
has determined is a terrorist government for the
purposes of section 6(j) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)), or 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371).
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\1062\ 22 U.S.C. 2378. Sec. 326 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1256) added
sec. 620H.
Sec. 7021 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 869), provides the following:
---------------------------------------------------------------------------
``prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
---------------------------------------------------------------------------
``Sec. 7021. (a) None of the funds appropriated or otherwise made
available by titles III through VI of this Act may be available to any
foreign government which provides lethal military equipment to a
country the government of which the Secretary of State has determined
is a government that supports international terrorism for purposes of
section 6(j) of the Export Administration Act of 1979. The prohibition
under this section with respect to a foreign government shall terminate
12 months after that government ceases to provide such military
equipment. This section applies with respect to lethal military
equipment provided under a contract entered into after October 1, 1997.
``(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that
furnishing such assistance is important to the national interests of
the United States.
``(c) Whenever the President makes a determination pursuant to
subsection (b), the President shall submit to the appropriate
congressional committees a report with respect to the furnishing of
such assistance. Any such report shall include a detailed explanation
of the assistance to be provided, including the estimated dollar amount
of such assistance, and an explanation of how the assistance furthers
United States national interests.''.
On April 21, 1999, the State Department issued Public Notice 3039
that ``[t]he United States Government has determined that the
Government of Russia transferred lethal military equipment to a country
determined by the Secretary of State to be a state sponsor of
terrorism. The United States Government determined that, despite the
transfers, furnishing assistance to the Government of Russia, other
than assistance furnished to the three Russian entities specifically
involved in the transfer of lethal military equipment, is important to
the national interests of the United States. Further it is the policy
of the United States Government to deny U.S. Government assistance to
these three entities.'' (64 F.R. 23148). Restrictions against two
entities were lifted on March 26, 2004 (Department of State Public
Notice 4675; 69 F.R. 17263).
Similar determinations were made involving entities in Russia
(Department of State Public Notice 3059; 64 F.R. 31029; June 9, 1999)
(partially lifted on March 26, 2004 (Department of State Public Notice
4675; 69 F.R. 17263)); the Government of Kazakhstan and named entities
(Department of State Public Notice 3175; 64 F.R. 70103; December 9,
1999); the Government of Russia and named entities (Department of State
Public Notice 4120; 67 F.R. 57865; September 6, 2002); and the
Government of Russia and named entities (Department of State Public
Notice 4491; 68 F.R. 54259; September 10, 2003).
On September 27, 1999, the State Department issued a determination
pursuant to sec. 620H but concluded ``that publication of the
determination would be harmful to the national security of the United
States'' and thus did not disclose the country at issue (Department of
State Public Notice 3129; 64 F.R. 53434). Similar determinations, in
which the country was not disclosed, were made on June 14, 2000
(Department of State Public Notice 3340; 65 F.R. 39219); March 5, 2003
(Department of State Public Notice 4298; 68 F.R. 11606); October 14,
2004 (Department of State Public Notice 4879; 69 F.R. 62112); and on
October 28, 2004 (Department of State Public Notice 4886; 69 F.R.
64803).
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(2) Applicability.--The prohibition under this
section with respect to a foreign government shall
terminate 1 year after that government ceases to
provide lethal military equipment. This section applies
with respect to lethal military equipment provided
under a contract entered into after the date of
enactment of this Act.\1063\
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\1063\ ``[D]ate of enactment of this Act'' probably refers to
enactment of the amendment, April 24, 1996.
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(b) Waiver.--Notwithstanding any other provision of law,
assistance may be furnished to a foreign government described
in subsection (a) if the President determines that furnishing
such assistance is important to the national interests of the
United States and, not later than 15 days before obligating
such assistance, furnishes a report to the appropriate
committees of Congress including--
(1) a statement of the determination;
(2) a detailed explanation of the assistance to be
provided;
(3) the estimated dollar amount of the assistance;
and
(4) an explanation of how the assistance furthers
United States national interests.
Sec. 620I.\1064\, \1065\ Prohibition on
Assistance to Countries That Restrict United States
Humanitarian Assistance.--
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\1064\ 22 U.S.C. 2379. Added by sec. 559 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1997 (sec.
101(c) of title I of Public Law 104-208; 110 Stat. 3009). Originally
enacted as freestanding language in sec. 562 of Public Law 104-107 (110
Stat. 745).
\1065\ In a memorandum of May 23, 1997, for the Secretary of State,
the President determined ``that it is in the national security interest
of the United States that assistance be furnished to Turkey without
regard to the restriction in subsection (a) of section 620I.''
(Presidential Determination No. 97-24; 62 F.R. 30737).
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(a) In general.--No assistance shall be furnished
under this Act or the Arms Export Control Act to any
country when it is made known to the President that the
government of such country prohibits or otherwise
restricts, directly or indirectly, the transport or
delivery of United States humanitarian assistance.
(b) Exception.--Assistance may be furnished without
regard to the restriction in subsection (a) if the
President determines that to do so is in the national
security interest of the United States.
(c) Notice.--Prior to making any determination under
subsection (b), the President shall notify the
Committee on International Relations, the Committee on
Foreign Relations, and the Committees on Appropriations
of the Senate and House of Representatives of his
intention to make such a determination, the effective
date of the determination, and the reasons for making
the determination.
SEC. 620J.\1066\ DEPLETED URANIUM AMMUNITION.
(a) Prohibition.--Except as provided in subsection (b),
none of the funds made available to carry out this Act or any
other Act may be made available to facilitate in any way the
sale of M-833 antitank shells or any comparable antitank shells
containing a depleted uranium penetrating component to any
country other than--
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\1066\ 22 U.S.C. 2378a. Sec. 149 of Public Law 104-164 (110 Stat.
1436) added this section as sec. 620G. Sec. 2(b)(1) of the Palestinian
Anti-Terrorism Act of 2006 (Public Law 109-446; 120 Stat. 3318)
redesignated the section as sec. 620J.
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(1) a country that is a member of the North Atlantic
Treaty Organization;
(2) a country that has been designated as a major
non-NATO ally (as defined in section 644(q)); or
(3) Taiwan.
(b) Exception.--The prohibition contained in subsection (a)
shall not apply with respect to the use of funds to facilitate
the sale of antitank shells to a country if the President
determines that to do so is in the national security interest
of the United States.
SEC. 620K.\1067\ LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.
(a) Limitation.--Assistance may be provided under this Act
to the Hamas-controlled Palestinian Authority only during a
period for which a certification described in subsection (b) is
in effect.
---------------------------------------------------------------------------
\1067\ 22 U.S.C. 2378b. Added by sec. 2(b)(2) of the Palestinian
Anti-Terrorism Act of 2006 (Public Law 109-446; 120 Stat. 3318). Sec.
2(c) of that Act (120 Stat. 3320) provided the following:
``(c) Previously Obligated Funds.--The provisions of section 620K
of the Foreign Assistance Act of 1961, as added by subsection (b),
shall be applicable to the unexpended balances of funds obligated prior
to the date of the enactment of this Act.''.
Sec. 7040 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 882), provides the following:
---------------------------------------------------------------------------
``limitation on assistance for the palestinian authority
---------------------------------------------------------------------------
``Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian Authority.
``(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interests of the United States.
``(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
``(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed.
The report shall also detail the steps the Palestinian Authority has
taken to arrest terrorists, confiscate weapons and dismantle the
terrorist infrastructure.
``(e) Certification.--If the President exercises the waiver
authority under subsection (b), the Secretary of State must certify and
report to the Committees on Appropriations prior to the obligation of
funds that the Palestinian Authority has established a single treasury
account for all Palestinian Authority financing and all financing
mechanisms flow through this account, no parallel financing mechanisms
exist outside of the Palestinian Authority treasury account, and there
is a single comprehensive civil service roster and payroll.
``(f) Prohibition.--
---------------------------------------------------------------------------
``(1) None of the funds appropriated in titles III through VI of this Act
may be obligated for salaries of personnel of the Palestinian Authority
located in Gaza or may be obligated or expended for assistance to Hamas or
any entity effectively controlled by Hamas or any power-sharing government
of which Hamas is a member unless the President certifies in writing and
reports to the Committees on Appropriations that Hamas has accepted and is
complying with the principles contained in section 620K(b)(1)(A) and (B) of
the Foreign Assistance Act of 1961, as amended.
``(2) None of the funds appropriated under titles III through VI of this
Act may be obligated for assistance for the Palestine Liberation
Organization.''.
(b) Certification.--A certification described in subsection
(a) is a certification transmitted by the President to Congress
that contains a determination of the President that--
(1) no ministry, agency, or instrumentality of the
Palestinian Authority is effectively controlled by
Hamas, unless the Hamas-controlled Palestinian
Authority has--
(A) publicly acknowledged the Jewish state of
Israel's right to exist; and
(B) committed itself and is adhering to all
previous agreements and understandings with the
United States Government, with the Government
of Israel, and with the international
community, including agreements and
understandings pursuant to the Performance-
Based Roadmap to a Permanent Two-State Solution
to the Israeli-Palestinian Conflict (commonly
referred to as the ``Roadmap''); and
(2) the Hamas-controlled Palestinian Authority has
made demonstrable progress toward--
(A) completing the process of purging from
its security services individuals with ties to
terrorism;
(B) dismantling all terrorist infrastructure
within its jurisdiction, confiscating
unauthorized weapons, arresting and bringing
terrorists to justice, destroying unauthorized
arms factories, thwarting and preempting
terrorist attacks, and fully cooperating with
Israel's security services;
(C) halting all anti-American and anti-Israel
incitement in Palestinian Authority-controlled
electronic and print media and in schools,
mosques, and other institutions it controls,
and replacing educational materials, including
textbooks, with materials that promote peace,
tolerance, and coexistence with Israel;
(D) ensuring democracy, the rule of law, and
an independent judiciary, and adopting other
reforms such as ensuring transparent and
accountable governance; and
(E) ensuring the financial transparency and
accountability of all government ministries and
operations.
(c) Recertifications.--Not later than 90 days after the
date on which the President transmits to Congress an initial
certification under subsection (b), and every six months
thereafter--
(1) the President shall transmit to Congress a
recertification that the conditions described in
subsection (b) are continuing to be met; or
(2) if the President is unable to make such a
recertification, the President shall transmit to
Congress a report that contains the reasons therefor.
(d) Congressional Notification.--Assistance made available
under this Act to the Palestinian Authority may not be provided
until 15 days after the date on which the President has
provided notice thereof to the appropriate congressional
committees in accordance with the procedures applicable to
reprogramming notifications under section 634A(a) of this Act.
(e) National Security Waiver.--
(1) In general.--Subject to paragraph (2), the
President may waive subsection (a) with respect to--
(A) the administrative and personal security
costs of the Office of the President of the
Palestinian Authority;
(B) the activities of the President of the
Palestinian Authority to fulfill his or her
duties as President, including to maintain
control of the management and security of
border crossings, to foster the Middle East
peace process, and to promote democracy and the
rule of law; and
(C) assistance for the judiciary branch of
the Palestinian Authority and other entities.
(2) Certification.--The President may only exercise
the waiver authority under paragraph (1) after--
(A) consulting with, and submitting a written
policy justification to, the appropriate
congressional committees; and
(B) certifying to the appropriate
congressional committees that--
(i) it is in the national security
interest of the United States to
provide assistance otherwise prohibited
under subsection (a); and
(ii) the individual or entity for
which assistance is proposed to be
provided is not a member of, or
effectively controlled by (as the case
may be), Hamas or any other foreign
terrorist organization.
(3) Report.--Not later than 10 days after exercising
the waiver authority under paragraph (1), the President
shall submit to the appropriate congressional
committees a report describing how the funds provided
pursuant to such waiver will be spent and detailing the
accounting procedures that are in place to ensure
proper oversight and accountability.
(4) Treatment of certification as notification of
program change.--For purposes of this subsection, the
certification required under paragraph (2)(B) shall be
deemed to be a notification under section 634A and
shall be considered in accordance with the procedures
applicable to notifications submitted pursuant to that
section.
(f) Definitions.--In this section:
(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) Foreign terrorist organization.--The term
``foreign terrorist organization'' means an
organization designated as a foreign terrorist
organization by the Secretary of State in accordance
with section 219(a) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)).
(3) Palestinian authority.--The term ``Palestinian
Authority'' means the interim Palestinian
administrative organization that governs part of the
West Bank and all of the Gaza Strip (or any successor
Palestinian governing entity), including the
Palestinian Legislative Council.
SEC. 620L.\1068\ LIMITATION ON ASSISTANCE FOR THE WEST BANK AND GAZA.
(a) Limitation.--Assistance may be provided under this Act
to nongovernmental organizations for the West Bank and Gaza
only during a period for which a certification described in
section 620K(b) is in effect with respect to the Palestinian
Authority.
---------------------------------------------------------------------------
\1068\ 22 U.S.C. 2378c. Added by sec. 3(a) of the Palestinian Anti-
Terrorism Act of 2006 (Public Law 109-446; 120 Stat. 3320).
---------------------------------------------------------------------------
(b) Exceptions.--Subsection (a) shall not apply with
respect to the following:
(1) Assistance to meet basic human needs.--Assistance
to meet food, water, medicine, health, or sanitation
needs, or other assistance to meet basic human needs.
(2) Assistance to promote democracy.--Assistance to
promote democracy, human rights, freedom of the press,
non-violence, reconciliation, and peaceful coexistence,
provided that such assistance does not directly benefit
Hamas or any other foreign terrorist organization.
(3) Assistance for individual members of the
palestinian legislative council.--Assistance, other
than funding of salaries or salary supplements, to
individual members of the Palestinian Legislative
Council who the President determines are not members of
Hamas or any other foreign terrorist organization, for
the purposes of facilitating the attendance of such
members in programs for the development of institutions
of democratic governance, including enhancing the
transparent and accountable operations of such
institutions, and providing support for the Middle East
peace process.
(4) Other types of assistance.--Any other type of
assistance if the President--
(A) determines that the provision of such
assistance is in the national security interest
of the United States; and
(B) not less than 30 days prior to the
obligation of amounts for the provision of such
assistance--
(i) consults with the appropriate
congressional committees regarding the
specific programs, projects, and
activities to be carried out using such
assistance; and
(ii) submits to the appropriate
congressional committees a written
memorandum that contains the
determination of the President under
subparagraph (A).
(c) Marking Requirement.--Assistance provided under this
Act to nongovernmental organizations for the West Bank and Gaza
shall be marked as assistance from the American people or the
United States Government unless the Secretary of State or, as
appropriate, the Administrator of the United States Agency for
International Development, determines that such marking will
endanger the lives or safety of persons delivering such
assistance or would have an adverse effect on the
implementation of that assistance.
(d) Congressional Notification.--Assistance made available
under this Act to nongovernmental organizations for the West
Bank and Gaza may not be provided until 15 days after the date
on which the President has provided notice thereof to the
Committee on International Relations 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 in accordance with the procedures
applicable to reprogramming notifications under section 634A(a)
of this Act.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--the \1069\
term ``appropriate congressional committees'' means--
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\1069\ As enrolled. Should read ``The''.
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(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) Foreign terrorist organization.--The term
``foreign terrorist organization'' means an
organization designated as a foreign terrorist
organization by the Secretary of State in accordance
with section 219(a) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)).
SEC. 620J.\1070\ LIMITATION ON ASSISTANCE TO SECURITY FORCES.
(a) In General.--No assistance shall be furnished under
this Act or the Arms Export Control Act to any unit of the
security forces of a foreign country if the Secretary of State
has credible evidence that such unit has committed gross
violations of human rights.
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\1070\ 22 U.S.C. 2378d. Popularly referred to as the Leahy
amendment. Sec. 651 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of the
Consolidated Appropriations Act, 2008; Public Law 110-161; 121 Stat.
2341), added this second sec. 620J.
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(b) Exception.--The prohibition in subsection (a) shall not
apply if the Secretary determines and reports to the Committee
on Foreign Relations of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Committees on
Appropriations that the government of such country is taking
effective measures to bring the responsible members of the
security forces unit to justice.
(c) Duty to Inform.--In the event that funds are withheld
from any unit pursuant to this section, the Secretary of State
shall promptly inform the foreign government of the basis for
such action and shall, to the maximum extent practicable,
assist the foreign government in taking effective measures to
bring the responsible members of the security forces to
justice.
Chapter 2--Administrative Provisions
Sec. 621.\1071\ Exercise of Functions.\1072\--(a) The
President may exercise any functions conferred upon him by this
Act through such agency or officer of the United States
Government as he shall direct. The head of any such agency or
such officer may from time to time promulgate such rules and
regulations as may be necessary to carry out such functions and
may delegate authority to perform any such functions,
including, if he shall so specify, the authority successively
to redelegate any of such functions to any of his subordinates.
In providing technical assistance under this Act, the head of
any such agency or such officer shall utilize, to the fullest
extent practicable, goods and professional and other services
from private enterprise on a contract basis. In such fields as
education, health, housing, or agriculture, the facilities and
resources of other Federal agencies shall be utilized when such
facilities are particularly or uniquely suitable for technical
assistance, are not competitive with private enterprise, and
can be made available without interfering unduly with domestic
programs.\1073\
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\1071\ 22 U.S.C. 2381.
Sec. 576 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October
24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429;
114 Stat. 1900A-54), provided the following:
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``agency for international development budget justification
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``Sec. 576. The Agency for International Development shall submit
to the Committees on Appropriations a detailed budget justification
that is consistent with the requirements of section 515, for each
fiscal year. The Agency shall submit to the Committees on
Appropriations a proposed budget justification format no later than
November 15, 2000, or 30 days after the enactment of this Act,
whichever occurs later. The proposed format shall include how the
Agency's budget justification will address: (1) estimated levels of
obligations for the current fiscal year and actual levels for the 2
previous fiscal years; (2) the President's request for new budget
authority and estimated carryover obligational authority for the budget
year; (3) the disaggregation of budget data and staff levels by program
and activity for each bureau, field mission, and central office; and
(4) the need for a user-friendly, transparent budget narrative.''.
Sec. 587 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1999 (division A, sec. 101(d) of Public
Law 105-277; 112 Stat. 2681; 22 U.S.C. 2381 note), as amended by sec.
5002(b) of Public Law 106-31 (113 Stat. 109), provided the following:
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``aid office of security
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``Sec. 587. (a) Establishment of Office.--There shall be
established within the Office of the Administrator of the Agency for
International Development, an Office of Security. Such Office of
Security shall, notwithstanding any other provision of law except
section 207 of the Foreign Service Act of 1980 and section 103 of
Public Law 99-399, have the responsibility for the supervision,
direction, and control of all security activities relating to the
programs and operations of that Agency.
``(b) Transfer and Allocation of Appropriations and Personnel.--
There are transferred to the Office of Security all security functions
exercised by the Office of Inspector General of the Agency for
International Development exercised before the date of enactment of
this Act. The Administrator shall transfer from the Office of the
Inspector General of such Agency to the Office of Security established
by subsection (a), the personnel (including the Senior Executive
Service position designated for the Assistant Inspector General for
Security), assets, liabilities, grants, contracts, property, records,
and unexpended balances of appropriations, and other funds held, used,
available to, or to be made available in connection with such
functions. Unexpended balances of appropriations, and other funds made
available or to be made available in connection with such functions,
shall be transferred to and merged with funds appropriated by this Act
under the heading `Operating Expenses of the Agency for International
Development'.
``(c) Transfer of Employees.--Any employee in the career service
who is transferred pursuant to this section shall be placed in a
position in the Office of Security established by subsection (a) which
is comparable to the position the employee held in the Office of the
Inspector General of the Agency for International Development.''.
Sec. 599E of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1993 (Public Law 102-391; 106 Stat. 1698),
provided the following:
``The President shall include with each budget for a fiscal year
submitted to the Congress under section 1105 of title 31, United States
Code, materials that shall identify clearly and separately the amounts
requested in the budget for appropriation for that fiscal year for
salaries and expenses related to administrative activities of the
Agency for International Development.''.
\1072\ Sec. 302(a) of the FA Act of 1962 (Public Law 87-565) struck
out subsec. designation ``(a)'' and repealed subsecs. (b), (c), (d),
and (e). Subsequently, sec. 302(a) of the FA Act of 1968 (Public Law
90-554) inserted new subsec. designation ``(a)'' and added subsec. (b).
\1073\ Sec. 302(a) of the FA Act of 1963 (Public Law 88-205)
inserted the last two sentences in lieu of a sentence that provided for
the use of the technical expertise of Federal agencies with primary
responsibilities in domestic programs.
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(b) \1072\ The President shall issue and enforce
regulations determining the eligibility of any person to
receive funds made available under this Act. A person may be
suspended under such regulations for a temporary period pending
the completion of an investigation and any resulting judicial
or debarment proceedings, upon cause for belief that such
person or an affiliate thereof probably has undertaken conduct
which constitutes a cause for debarment; and, after an
opportunity has been afforded to such person for a hearing, he
may be debarred for an additional period, not to exceed three
years. Among the causes for debarment shall be (1) offering or
accepting a bribe or other illegal payment or credit in
connection with any transaction financed with funds made
available under this Act; or (2) committing a fraud in the
procurement or performance of any contract financed with funds
made available under this Act; or (3) acting in any other
manner which shows a lack of integrity or honesty in connection
with any transaction financed with funds made available under
this Act. Reinstatement of eligibility in each particular case
shall be subject to such conditions as the President shall
direct. Each person whose eligibility is denied or suspended
under this subsection shall, upon request, be entitled to a
review of his eligibility not less often than once every two
years.
Sec. 621A.\1074\ Strengthened Management Practices.--(a)
The Congress believes that United States foreign aid funds
could be utilized more effectively by the application of
advanced management decisionmaking, information and analysis
techniques such as systems analysis, automatic data processing,
benefit-cost studies, and information retrieval.
---------------------------------------------------------------------------
\1074\ 22 U.S.C. 2381a. Sec. 302(b) of the FA Act of 1968 (Public
Law 90-554) added sec. 621A.
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(b) To meet this need, the President shall establish a
management system that includes: the definition of objectives
and programs for United States foreign assistance; the
development of quantitative indicators of progress toward these
objectives; the orderly consideration of alternative means for
accomplishing such objectives; and the adoption of methods for
comparing actual results of programs and projects with those
anticipated when they were undertaken. The system should
provide information to the agency and to Congress that relates
agency resources, expenditures, and budget projections to such
objectives and results in order to assist in the evaluation of
program performance, the review of budgetary requests, and the
setting of program priorities.
(c) \1075\ * * * [Repealed--1978]
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\1075\ Sec. 502(d)(1) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959) repealed
subsec. (c), which had called for an annual report from the President
regarding the implementation of this section.
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Sec. 622.\1076\ Coordination With Foreign Policy.--(a)
Nothing contained in this Act shall be construed to infringe
upon the powers or functions of the Secretary of State.
---------------------------------------------------------------------------
\1076\ 22 U.S.C. 2382.
---------------------------------------------------------------------------
(b) The President shall prescribe appropriate procedures to
assure coordination among representatives of the United States
Government in each country, under the leadership of the Chief
of the United States Diplomatic Mission. The Chief of the
Diplomatic Mission shall make sure that recommendations of such
representatives pertaining to military assistance (including
civic action) and military education and training programs
\1077\ are coordinated with political and economic
considerations, and his comments shall accompany such
recommendations if he so desires.
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\1077\ Sec. 302(a)(1) of the FA Act of 1966 (Public Law 89-583)
struck out ``(including any civil action and sales program)'', which
had previously been added by sec. 302(a)(1) of Public Law 89-171 (79
Stat. 660), and inserted in lieu thereof ``(including civic action) or
sales programs''. Sec. 45(b)(1) of the Foreign Military Sales Act
(Public Law 90-629) struck out ``or sales'' which appeared before the
word ``programs''. Sec. 106(b) of the International Security Assistance
and Arms Export Control Act of 1976 inserted ``and military education
and training''.
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(c) \1078\ Under the direction of the President, the
Secretary of State shall be responsible for the continuous
supervision and general direction of economic assistance,
military assistance, and military education and training
programs, including but not limited to determining whether
there shall be a military assistance (including civic action)
or a military education and training program for a country and
the value thereof, to the end that such programs are
effectively integrated both at home and abroad and the foreign
policy of the United States is best served thereby.
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\1078\ Sec. 106(b) of the International Security Assistance and
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733)
amended and restated subsec. (c). Sec. 302(a)(2) of Public Law 89-171
(79 Stat. 660) inserted the original reference to ``any civic action
and sales program''.
The responsibility of the Secretary of State under this subsection,
insofar as it relates to development assistance, was transferred to the
Director of IDCA, pursuant to sec. 6 of Reorganization Plan No. 2 of
1979 (establishing IDCA). The Reorganization Plan No. 2 of 1979 ceased
to be effective with enactment of the Foreign Affairs Reform and
Restructuring Act of 1998, pursuant to sec. 1422(a)(1) (division G of
Public Law 105-277; 112 Stat. 2681).
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Sec. 623.\1079\ The Secretary of Defense.--(a) In the case
of assistance under part II of this Act, the Secretary of
Defense shall have primary responsibility for--
---------------------------------------------------------------------------
\1079\ 22 U.S.C. 2383.
---------------------------------------------------------------------------
(1) the determination of military end-item
requirements;
(2) the procurement of military equipment in a manner
which permits its integration with service programs;
(3) the supervision of end-item use by the recipient
countries;
(4) the supervision of the training of foreign
military and related civilian \1080\ personnel;
---------------------------------------------------------------------------
\1080\ Sec. 106(b) of the International Security Assistance and
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733)
inserted ``and related civilian''.
---------------------------------------------------------------------------
(5) the movement and delivery of military end-items;
and
(6) within the Department of Defense, the performance
of any other functions with respect to the furnishing
of military assistance, education and training.\1081\
---------------------------------------------------------------------------
\1081\ Sec. 106(b) of the International Security Assistance and
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733)
inserted ``, education and training''.
---------------------------------------------------------------------------
(b) The establishment of priorities in the procurement,
delivery, and allocation of military equipment shall be
determined by the Secretary of Defense.
Sec. 624.\1082\ Statutory Officers.--(a) The President may
appoint, by and with the advice and consent of the Senate,
twelve officers \1083\ in the agency primarily responsible for
administering part I, * * * [Repealed--1964]
---------------------------------------------------------------------------
\1082\ 22 U.S.C. 2384.
\1083\ Sec. 7 of Reorganization Plan No. 2 of 1979 stated:
``One of the positions that the President may appoint under section
624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a), 5
U.S.C. 5315(5)) is hereby abolished.''.
---------------------------------------------------------------------------
(1) * * * [Repealed--1964]
(2) * * * [Repealed--1964]
(3) * * * [Repealed--1964] \1084\ and in the
selection of one of
---------------------------------------------------------------------------
\1084\ That part of sec. 624(a) to this point, beginning with the
words ``of whom--'' was repealed by sec. 305(42) of the Government
Employees Salary Reform Act of 1964 (Public Law 88-426). The repealed
part provided for one Under Secretary, one Deputy Under Secretary, and
ten Assistant Secretaries.
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such persons due consideration shall be given to
persons qualified as professional engineers.
(b) Within the limitations established by subsection (a) of
this section, the President may fix the rate of compensation,
and may designate the title of, any officer appointed pursuant
to the authority contained in that subsection. The President
may also fix the order of succession among the officers
provided for in \1085\ subsection (a) of this section in the
event of the absence, death, resignation, or disability of one
or more of said officers.
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\1085\ Sec. 302(b)(1) of the FA Act of 1965 (Public Law 89-171)
struck out ``paragraph (3) of'' at this point, and also struck out ``of
the officers provided for in paragraphs (1) and (2) of that
subsection'' and inserted in lieu thereof ``or one or more of said
officers'' at the end of the sentence.
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(c) Any person who was appointed by and with the advice and
consent of the Senate, to any statutory position authorized by
any provision of law repealed by section 642(a) and who is
serving in one of such positions at the time of transfer of
functions pursuant to subsections (c) and (d) of section 621,
may be appointed by the President to a comparable position
authorized by subsection (a) of this section on the date of the
establishment of the agency primarily responsible for
administering part I, without further action by the Senate.
(d) \1086\ * * * [Repealed--1978]
---------------------------------------------------------------------------
\1086\ Sec. 124(a) of the International Development and Food
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 541) repealed
subsec. (d), which concerned the office of Inspector General, Foreign
Assistance.
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(e) \1087\ In addition to the officers otherwise provided
for in this section, the President shall appoint, by and with
the advice and consent of the Senate, one officer for the
purpose of coordinating security assistance programs.
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\1087\ Sec. 302 of the FA Act of 1971 (Public law 92-226) added
subsec. (e).
---------------------------------------------------------------------------
(f) \1088\ * * * [Repealed--1994]
---------------------------------------------------------------------------
\1088\ Sec. 162(e)(4) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405) struck
out subsec. (f), which had established the Assistant Secretary of State
for Human Rights and Humanitarian Affairs in the Department of State.
The newly designated Assistant Secretary of State for Democracy, Human
Rights, and Labor and the responsibilities assigned to that title may
be found at section 1(c)(2) of the State Department Basic Authorities
Act of 1956, as amended by sec. 161 of Public Law 103-236 (22 U.S.C.
2651a(1)(c)(2)).
Subsec. (f), as added originally by sec. 301(b) of the
International Security Assistance and Arms Export Control Act of 1976
(Public Law 94-329; 90 Stat. 750), provided for the establishment of a
Coordinator for Human Rights and Humanitarian Affairs. This title
designation was upgraded to Assistant Secretary of State for Human
Rights and Humanitarian Affairs by sec. 109(a)(1) of the Foreign
Relations Authorization Act, Fiscal Year 1978 (Public Law 95-105; 91
Stat. 846).
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(g) \1089\ * * * [Repealed--1981]
---------------------------------------------------------------------------
\1089\ Subsec. (g), added by sec. 504 of Public Law 95-424 (92
Stat. 959) and amended by sec. 706 of Public Law 96-536 (94 Stat.
3158), was repealed by sec. 705(b)(1) of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1545).
Former subsec. (g) concerned the responsibilities and duties of the
Inspector General of AID. Similar language can now be found at sec. 8A
of the Inspector General Act of 1978. See Legislation on Foreign
Relations Through 2008, vol. IV, sec. N. for text.
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Sec. 625.\1090\ Employment of Personnel.--(a) Any agency or
officer of the United States Government carrying out functions
under this Act is authorized to employ such personnel as the
President deems necessary to carry out the provisions and
purposes of this Act.
---------------------------------------------------------------------------
\1090\ 22 U.S.C. 2385.
---------------------------------------------------------------------------
(b) Of the personnel employed in the United States to carry
out part I or coordinate part I and part II, not to exceed one
hundred and ten \1091\ may be appointed, compensated or removed
without regard to the provisions of any law, of whom not to
exceed fifty-one may be compensated at rates higher than those
provided for grade 15 of the general schedule established by
section 5332 of title 5 of the United States Code,\1092\ but
not in excess of the highest rate of grade 18 of such general
schedule: \1093\ Provided, That, under such regulations as the
President shall prescribe, officers and employees of the United
States Government who are appointed to any of the above
positions may be entitled, upon removal from such position, to
reinstatement to the position occupied at the time of
appointment or to a position of comparable grade and salary.
Such positions shall be in addition to those authorized by law
to be filled by Presidential appointment, and in addition to
the number authorized by section 5108 of title 5 of the United
States Code.\1094\
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\1091\ Sec. 301(c)(1) of the FA Act of 1962 (Public law 87-565)
struck out ``seventy-six'' and inserted in lieu thereof ``one hundred
and ten''.
\1092\ Sec. 302(b)(1) of the FA Act of 1967 (Public Law 90-137)
struck out ``the Classification Act of 1949, as amended (5 U.S.C. 1071
et seq.)'' and inserted in lieu thereof ``section 5332 of title 5 of
the United States Code'' in lieu of .
\1093\ Sec. 1001(k)(1) of the Postal Service and Federal Employees
Salary Act of 1962 (Public Law 87-793) struck out ``and of these, not
to exceed eight may be compensated at a rate in excess of the highest
rate provided for grades of such general schedule but not in excess of
$19,000 per year'' and inserted in lieu thereof ``but not in excess of
the highest rate of grade 18 of such general schedule''.
\1094\ Sec. 302(b)(2) of the FA Act of 1967 (Public Law 90-137)
struck out ``505 of the Classification Act of 1949, as amended'' and
inserted in lieu thereof ``5108 of title 5 of the United States Code''.
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(c) Of the personnel employed in the United States to carry
out part II, or any Act superseding part II in whole or in
part,\1095\ not to exceed eight may be compensated at rates
higher than those provided for grade 15 of the general schedule
established by section 5332 of title 5 of the United States
Code, but not in excess of the highest rate of grade 18 of such
general schedule.\1096\ Such positions shall be in addition to
those authorized by law to be filled by Presidential
appointment, and in addition to the number authorized by
section 5108 of title 5 of the United States Code.\1097\
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\1095\ Sec. 302(c) of the FA Act of 1968 (Public Law 90-554)
inserted ``or any Act superseding part II in whole or in part,''.
\1096\ Sec. 302(c)(1) of the FA Act of 1967 (Public Law 90-137)
struck out ``the Classification Act of 1949, as amended'' and inserted
in lieu thereof ``section 5332 of title 5 of the United States Code''.
Sec. 1001(k)(2) of the Postal Service and Federal Employees Salary
Act of 1962 (Public Law 87-793) struck out ``and if these, not to
exceed three may be compensated at a rate in excess of the highest rate
provided for grades of such general schedule but not in excess of
$19,000 per year'' and inserted in lieu thereof ``but not in excess of
the highest rate of grade 18 of such general schedule''.
\1097\ Sec. 302(c)(2) of the FA Act of 1967 (Public Law 90-137)
struck out ``505 of the Classification Act of 1949, as amended'' and
inserted in lieu thereof ``5108 of title 5 of the United States Code''.
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(d) \1098\ For the purpose of performing functions under
this Act outside the United States, the President may employ or
assign individuals, or may authorize the employment or
assignment of officers or employees by agencies of the United
States Government which are not authorized to utilize the
Foreign Service personnel system, who shall receive
compensation at any of the rates provided for under section 402
or section 403 of the Foreign Service Act of 1980, or under
chapter 53 of title 5, United States Code, or at any other rate
authorized by law, together with allowances and benefits under
the Foreign Service Act of 1980.\1099\ Individuals so employed
or assigned shall be entitled, except to the extent that the
President may specify otherwise in cases in which the period of
employment or assignment exceeds thirty months, to the same
benefits as are provided by section 310 of that Act for
individuals appointed to the Foreign Service.
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\1098\ Sec. 2203(a) of the Foreign Service Act of 1980 (Public Law
96-465; 94 Stat. 2158) amended and restated subsec. (d). Subsec. (d)
had previously been amended by the FA Act of 1962 (Public law 87-565),
the FA Act of 1964 (Public Law 88-633), the FA Act of 1967 (Public Law
90-137), and by the International Development and Food Assistance Act
of 1977 (Public Law 95-88).
\1099\ Sec. 703 of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1544) inserted the
references to chapter 53 of title 5, U.S. Code, and ``any other rate
authorized by law''.
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(e) \1100\ * * * [Repealed--1981]
---------------------------------------------------------------------------
\1100\ Sec. 2205(8) of the Foreign Service Act of 1980 (Public Law
96-465; 94 Stat. 2160) repealed subsec. (e), which had authorized the
President to prescribe standards for maintaining adequate performance
levels of specified personnel.
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(f) \1101\ Funds provided for in agreements with foreign
countries for the furnishing of services under this Act with
respect to specific projects shall be deemed to be obligated
for the services of personnel employed by agencies of the
United States Government (other than the agencies primarily
responsible for administering part I or part II of this Act) as
well as personnel not employed by the United States Government.
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\1101\ Sec. 302(c)(3) of the FA Act of 1962 (Public Law 87-565)
amended and restated sec. 625(f).
---------------------------------------------------------------------------
(g) \1102\ * * * [Repealed--1981]
---------------------------------------------------------------------------
\1102\ Sec. 2205(8) of the Foreign Service Act of 1980 (Public Law
96-465; 94 Stat. 2160) repealed subsec. (g), which concerned foreign
language competence of personnel carrying out functions under this Act.
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(h) Notwithstanding any other provision of law, officers
and employees of the United States Government performing
functions under this Act shall not accept from any foreign
country any compensation or other benefits. Arrangements may be
made by the President with such countries for reimbursement to
the United States Government or other sharing of the cost of
performing such functions.
(i) To the maximum extent practicable officers and
employees performing functions under this Act abroad shall be
assigned to countries and positions for which they have special
competence, such as appropriate language and practical
experience.
(j) \1103\ (1)(A) To facilitate the assignment of persons
to Iraq, Pakistan,\1104\ and Afghanistan or to posts vacated by
members of the Service assigned to Iraq, Pakistan,\1104\ and
Afghanistan, the Administrator of the United States Agency for
International Development may waive the application of the
provisions of section 8344 or 8468 of title 5, United States
Code, on a case-by-case basis for employment of an annuitant in
a position in the United States Agency for International
Development for which there is exceptional difficulty in
recruiting or retaining a qualified employee, or when a
temporary emergency hiring need exists.
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\1103\ Sec. 1602(b)(2) of the Emergency Supplemental Appropriations
Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006
(Public Law 109-234; 120 Stat. 442) added subsec. (j). A previous
subsec. (j), added by the FA Act of 1964 (Public Law 88-633),
concerning the Presidential appointment of U.S. representatives to the
Inter-American Committee on the Alliance for Progress, was repealed by
sec. 2205(8) of the Foreign Service Act of 1980 (Public Law 96-465; 94
Stat. 2160).
\1104\ Sec. 1115(c)(3) of the Supplemental Appropriations Act, 2009
(Public Law 111-32; 123 Stat. 1905) inserted ``, Pakistan,'' after
``Iraq'' each place it appears.
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(B) The authority of the Administrator under subparagraph
(A) shall terminate on October 1, 2010.\1105\ An annuitant
reemployed pursuant to such authority prior to such termination
date may be employed for a period ending not later than one
year after such date.
---------------------------------------------------------------------------
\1105\ Sec. 1115(c)(3) of the Supplemental Appropriations Act, 2009
(Public Law 111-32; 123 Stat. 1905) struck out ``2008'' and inserted in
lieu thereof ``2010''.
---------------------------------------------------------------------------
(2) The Administrator should prescribe procedures for the
exercise of any authority under this subsection, including
criteria for any exercise of authority and procedures for a
delegation of authority.
(3) An employee for whom a waiver under this section is in
effect shall not be considered an employee for purposes of
subchapter III of chapter 83, or chapter 84 of title 5, United
States Code.
(k) \1106\ * * * [Repealed--1980]
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\1106\ Subsec. (k), added by the FA Act of 1973 and which
designated certain categories of personnel serving in the agency as
being eligible to participate in the Foreign Service Retirement and
Disability System, was repealed by sec. 2205(8) of the Foreign Service
Act of 1980 (Public Law 96-465; 94 Stat. 2160). While nearly all
provisions of the Foreign Service Act of 1980 were not effective until
February 15, 1981, sec. 2203(d)(1) of such Act specified that the
repeal of sec. 625(k) would be effective on the date of enactment of
the Act (October 17, 1980).
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Sec. 626.\1107\ Experts, Consultants, and Retired
Officers.--(a) Experts and consultants or organizations thereof
may, as authorized by section 3109 of title 5 of the United
States Code,\1108\ be employed for the performance of functions
under this Act, and individuals so employed may be compensated
at rates not in excess of the daily equivalent of the highest
rate which may be paid to an employee under the General
Schedule established by section 5332 of title 5, United States
Code,\1109\ and while away from their homes or regular places
of business, they may be paid actual travel expenses and per
diem in lieu of subsistence at the applicable rate prescribed
in the standardized Government travel regulations, as amended
from time to time. Contracts for such employment with such
organizations, employment of personnel as experts and
consultants, not to exceed ten in number, contracts for such
employment of retired military personnel with specialized
research and development experience, not to exceed ten in
number, and contracts for such employment of retired military
personnel with specialized experience of a broad politico-
military nature, not to exceed five in number, may be renewed
annually.
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\1107\ 22 U.S.C. 2386.
\1108\ Sec. 302(e)(1) of the FA Act of 1967 (Public Law 90-137)
struck out ``15 of the Act of August 22, 1946, as amended (5 U.S.C.
55a)'' and inserted in lieu thereof ``3109 of title 5 of the United
States Code''.
\1109\ Sec. 603 of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 766) struck out
``$100 per diem'' and inserted in lieu thereof ``the daily equivalent
of the highest rate which may be paid to an employee under the General
Schedule established by section 5332 of title 5, United States Code,''.
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(b) \1110\ Service of an individual as an expert or
consultant under subsection (a) of this section shall not
\1111\ be considered as employment or holding of office or
position bringing such individual within the provisions of
section 3323(a) \1112\ of title 5 of the United States Code.
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\1110\ Sec. 302(c)(1) of the FA Act of 1963 (Public Law 88-205)
struck out the first sentence of this section, relating to employment
compensation, since the subject matter was superseded by Public Law 87-
849, approved October 23, 1962.
\1111\ Sec. 302(c)(2) of the FA Act of 1963 (Public Law 88-205)
struck out ``Nor shall such service'' and inserted in lieu thereof
``Service of an individual as an expert or consultant under subsection
(a) of this section shall not''.
\1112\ Sec. 126 of the International Development and Food
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 542) struck out
reference to secs. 3323(a) and 8344 of 5 USC, and sec. 872 of the
Foreign Service Act of 1946, and inserted in lieu thereof ``section
3323(a)''.
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(c) \1113\ Persons of outstanding experience and ability
may be employed without compensation by any agency of the
United States Government for the performance of functions under
this Act in accordance with the provisions of section 710(b) of
the Defense Production Act of 1950, as amended (50 U.S.C. App.
2160(b)), and regulations issued thereunder.
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\1113\ Sec. 302(d) of the FA Act of 1965 (Public Law 89-171)
redesignated subsec. (d) as subsec. (c). Former subsec. (c), relating
to employment of retired officers, was repealed by the Dual
Compensation Act (Public Law 88-448).
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Sec. 627.\1114\ Detail of Personnel to Foreign
Governments.--Whenever the President determines it to be in
furtherance of the purposes of this Act, the head of any agency
of the United States Government is authorized to detail or
assign any officer or employee of his agency to any office or
position with any foreign government or foreign government
agency, where acceptance of such office or position does not
involve the taking of an oath of allegiance to another
government or the acceptance of compensation or other benefits
from any foreign country by such officer or employee.
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\1114\ 22 U.S.C. 2387.
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Sec. 628.\1115\ Detail of Personnel to International
Organizations.--Whenever the President determines it to be
consistent with and in furtherance of the purposes of this Act,
the head of any agency of the United States Government is
authorized to detail, assign, or otherwise make available to
any international organization any officer or employee of his
agency to serve with, or as a member of, the international
staff of such organization, or to render any technical,
scientific, or professional advice or service to, or in
cooperation with, such organization.
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\1115\ 22 U.S.C. 2388.
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Sec. 629.\1116\ Status of Personnel Detailed.--(a) Any
officer or employee, while assigned or detailed under section
627 or 628 of this Act, shall be considered, for the purpose of
preserving his allowances, privileges, rights, seniority, and
other benefits as such, an officer or employee of the United
States Government and of the agency of the United States
Government from which detailed or assigned, and he shall
continue to receive compensation, allowances, and benefits from
funds appropriated to that agency or made available to that
agency under this Act.
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\1116\ 22 U.S.C. 2389.
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(b) Any officer or employee assigned, detailed, or
appointed under section 627, 628, 631, or 624(d) \1117\ of this
Act is authorized to receive under such regulations as the
President may prescribe, representation allowances similar to
those allowed under section 905 of the Foreign Service Act of
1980.\1118\ The authorization of such allowances and other
benefits and the payment thereof out of any appropriations
available therefor shall be considered as meeting all the
requirements of section 5536 of title 5 of the United States
Code.\1119\
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\1117\ Sec. 302(d) of the FA Act of 1962 (Public Law 87-565) struck
out ``624(e)'' and inserted in lieu thereof ``624(d)''.
\1118\ Sec. 2203(b) of the Foreign Service Act of 1980 (Public Law
96-465; 94 Stat. 2158) struck out ``section 901 of the Foreign Service
Act of 1946'' and inserted in lieu thereof ``section 905 of the Foreign
Service Act of 1980''.
\1119\ Sec. 302(f) of the FA Act of 1967 (Public Law 90-137) struck
out ``1765 of the Revised Statutes (5 U.S.C. 70)'' and inserted in lieu
thereof ``5536 of title 5 of the United States Code''.
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Sec. 630.\1120\ Terms of Detail or Assignment.--Details or
assignments may be made under section 627 or 628 of this Act or
section 408 of the Mutual Security Act of 1954, as amended--
\1121\
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\1120\ 22 U.S.C. 2390.
\1121\ For text, see Legislation on Foreign Relations Through 2008,
vol. I-B.
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(1) without reimbursement to the United States
Government by the foreign government or international
organization;
(2) upon agreement by the foreign government or
international organization, to reimburse the United
States Government for compensation, travel expenses,
benefits,\1122\ and allowances, or any part thereof,
payable to the officer or employee concerned during the
period of assignment or detail; and such reimbursements
(including foreign currencies) shall be credited to the
appropriation, fund, or account utilized for paying
such compensation, travel expenses, benefits,\1122\ or
allowances, or to the appropriation, fund, or account
currently available for such purposes;
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\1122\ Sec. 302(e) of the FA Act of 1965 (Public Law 89-171)
inserted ``benefits''.
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(3) upon an advance of funds, property, or services
by the foreign government or international organization
to the United States Government accepted with the
approval of the President for specified uses in
furtherance of the purposes of this Act; and funds so
advanced may be established as a separate fund in the
Treasury of the United States Government, to be
available for the specified uses, and to be used for
reimbursement of appropriations or direct expenditure
subject to the provisions of this Act, any unexpended
balance of such account to be returned to the foreign
government or international organization; or
(4) subject to the receipt by the United States
Government of a credit to be applied against the
payment by the United States Government of its share of
the expenses of the international organization to which
the officer or employee is detailed or assigned, such
credit to be based upon the compensations, travel
expenses, benefits \1122\ and allowances, or any part
thereof, payable to such officer or employee during the
period of detail or assignment in accordance with
section 629.
Sec. 631.\1123\ Missions and Staffs Abroad.--(a) The
President may maintain special missions or staffs outside the
United States in such countries and for such periods of time as
may be necessary to carry out the purposes of this Act. Each
such special mission or staff shall be under the direction of a
chief.
---------------------------------------------------------------------------
\1123\ 22 U.S.C. 2391.
---------------------------------------------------------------------------
(b) The chief and his deputy of each special mission or
staff carrying out the purposes of part I shall be appointed by
the President, and may, notwithstanding any other law, be
removed by the President at his discretion. Such chief shall be
entitled to receive such compensation and allowances as are
authorized by the Foreign Service Act of 1980, not to exceed
those authorized for a chief of mission (as defined in section
102(a)(3) of that Act), as the President shall determine to be
appropriate.\1124\
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\1124\ Sec. 2203(c) of the Foreign Service Act of 1980 (Public Law
96-465; 94 Stat. 2158) amended and restated this sentence. The former
text made reference to the Foreign Service Act of 1946, which was
repealed by the 1980 Act.
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(c) \1125\ The President may appoint any United States
citizen who is not an employee of the United States Government
or may assign any United States citizen who is a United States
Government employee to serve as Chairman of the Development
Assistance Committee or any successor committee thereto of the
Organization for Economic Cooperation and Development upon
election thereto by members of said Committee, and, in his
discretion, may terminate such appointment or assignment,
notwithstanding any other provision of law. Such person may
receive such compensation and allowances as are authorized by
the Foreign Service Act of 1980, not to exceed those authorized
for a chief of mission (as defined in section 102(a)(3) of that
Act), as the President shall determine to be appropriate. Such
person (if not a United States Government employee who is
assigned to serve as Chairman) shall be deemed to be an
employee of the United States Government for purposes of
chapters 81, 83, 87, and 89 of title 5, United States
Code.\1126\ Such person may also, in the President's
discretion, receive any other benefits and perquisites
available under this Act to chiefs of special missions or
staffs outside the United States established under this
section.
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\1125\ Sec. 302(d) of the FA Act of 1963 (Public Law 88-205) added
subsec. (c).
\1126\ Sec. 2203(d) of the Foreign Service Act of 1980 (Public Law
96-465; 94 Stat. 2158) amended and restated this sentence. The former
text made reference to the Foreign Service Act of 1946, which was
repealed by the 1980 Act.
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(d) \1127\ Wherever practicable, especially in the case of
the smaller programs, assistance under part I of this Act
\1128\ shall be administered under the direction of the Chief
of the United States Diplomatic Mission by the principal
economic officer of the mission.\1129\
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\1127\ Sec. 302(f) of the FA Act of 1965 (Public Law 89-171) added
subsec. (d).
\1128\ Sec. 7(b)(1) of the International Security Assistance Act of
1977 (Public Law 95-92; 91 Stat. 617) inserted ``part I of''.
\1129\ Sec. 7(b)(2) of the International Security Assistance Act of
1977 (Public Law 95-92; 91 Stat. 617) struck out ``in the case of
assistance under part I, and by the senior military officer of the
mission in the case of assistance under part II'' at this point.
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Sec. 632.\1130\ Allocation and Reimbursement Among
Agencies.--(a) The President may allocate or transfer to any
agency of the United States Government any part of any funds
available for carrying out the purposes of this Act, including
any advance to the United States Government by any country or
international organization for the procurement of commodities,
defense articles, military education and training,\1131\ or
services (including defense services). Such funds shall be
available for obligation and expenditure for the purposes for
which authorized, in accordance with authority granted in this
Act or under authority governing the activities of the agencies
of the United States Government to which such funds are
allocated or transferred.
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\1130\ 22 U.S.C. 2392. In a memorandum issued December 5, 2003, the
President directed that ``the funds appropriated to the President under
the heading Operating Expenses of the Coalition Provisional Authority
in the Emergency Supplemental Appropriations Act for Defense and for
the Reconstruction of Iraq and Afghanistan (Public Law 108-106), or in
any subsequent appropriation under this heading, are transferred to the
Secretary of Defense, for an account designated Operating Expenses of
the Coalition Provisional Authority, International Reconstruction and
Other Assistance, Army.'' (69 F.R. 1645).
Sec. 7009 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 862), provides the following:
---------------------------------------------------------------------------
``transfer authority
---------------------------------------------------------------------------
``Sec. 7009. (a) Department of State and Broadcasting Board of
Governors.--Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Department of State under title I
of this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
not to exceed 5 percent of any appropriation made available for the
current fiscal year for the Broadcasting Board of Governors under title
I of this Act may be transferred between such appropriations, but no
such appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided
further, That any transfer pursuant to this section shall be treated as
a reprogramming of funds under section 7015(a) and (b) of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
``(b) Export Financing Transfer Authorities.--Not to exceed 5
percent of any appropriation other than for administrative expenses
made available for fiscal year 2009, for programs under title VI of
this Act may be transferred between such appropriations for use for any
of the purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of such
authority shall be subject to the regular notification procedures of
the Committees on Appropriations.
``(c)(1) Limitation on Transfers Between Agencies.--None of the
funds made available under titles II through V of this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
``(2) Notwithstanding paragraph (1), in addition to transfers made
by, or authorized elsewhere in, this Act, funds appropriated by this
Act to carry out the purposes of the Foreign Assistance Act of 1961 may
be allocated or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
``(d) Transfers Between Accounts.--None of the funds made available
under titles II through V of this Act may be obligated under an
appropriation account to which they were not appropriated, except for
transfers specifically provided for in this Act, unless the President
provides notification in accordance with the regular notification
procedures of the Committees on Appropriations.
``(e) Audit of Inter-Agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or prior
Acts, entered into between the United States Agency for International
Development and another agency of the United States Government under
the authority of section 632(a) of the Foreign Assistance Act of 1961
or any comparable provision of law, shall expressly provide that the
Office of the Inspector General for the agency receiving the transfer
or allocation of such funds shall perform periodic program and
financial audits of the use of such funds: Provided, That funds
transferred under such authority may be made available for the cost of
such audits.''.
\1131\ Sec. 106(b) of the International Security Assistance and
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733)
inserted ``, military education and training''.
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(b) Any officer of the United States Government carrying
out functions under this Act may utilize the services
(including defense services) and facilities of, or procure
commodities, defense articles, or military education and
training \1132\ from, any agency of the United States
Government as the President shall direct, or with the consent
of the head of such agency, and funds allocated pursuant to
this subsection to any such agency may be established in
separate appropriation accounts on the books of the Treasury.
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\1132\ Sec. 106(b) of the International Security Assistance and
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733)
struck out ``and defense articles'' and inserted in lieu thereof ``,
defense articles, or military education and training''.
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(c) In the case of any commodity, service, or facility
procured from any agency of the United States Government to
carry out part I, reimbursement or repayment shall be made to
such agency from funds available to carry out such part. Such
reimbursement or payment shall be at replacement cost, or, if
required by law, at actual cost, or, in the case of services
procured from the Department of Defense to carry out chapter 8
of part I, the amount of the additional costs incurred by the
Department of Defense in providing such services,\1133\ or at
any other price authorized by law and agreed to by the owning
or disposing agency. The amount of any such reimbursement or
payment shall be credited to current applicable appropriations,
funds, or accounts, from which there may be procured
replacements of similar commodities, services, or facilities,
except that where such appropriations, funds, or accounts are
not reimbursable except by reason of this subsection, and when
the owning or disposing agency determines that such replacement
is not necessary, any funds received in payment therefor shall
be deposited into the Treasury as miscellaneous receipts.
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\1133\ Sec. 4506 of Public Law 100-690 (102 Stat. 4286) inserted
``or, in the case of services procured from the Department of Defense
to carry out chapter 8 of part I, the amount of the additional costs
incurred by the Department of Defense in providing such services,''.
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(d) Except as otherwise provided in section 506,\1134\
reimbursement shall be made to any United States Government
agency, from funds available for use under part II, for any
assistance furnished under part II from, by, or through such
agency. Such reimbursement shall be in an amount equal to the
value (as defined in section 644(m)) of the defense articles or
of the defense services (other than salaries of members of the
Armed Forces of the United States), or other assistance
furnished, plus expenses arising from or incident to operations
under part II (other than salaries of the Armed Forces of the
United States and unfunded estimated costs of civilian
retirement and other benefits).\1135\ The amount of such
reimbursement shall be credited to the current applicable
appropriations, funds, or accounts of such agency.
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\1134\ Sec. 45(b)(3) of the Foreign Military Sales Act (Public Law
90-629) struck out ``sections 506, 522, and 523'' and inserted in lieu
thereof ``section 506''.
\1135\ Sec. 9104(b)(2) of the Department of Defense Appropriations
Act, 1990 (Public Law 101-165; 103 Stat. 1152), inserted parenthetical
language at end of sentence.
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(e) In furnishing assistance under this Act, accounts may
be established on the books of any agency of the United States
Government or, on terms and conditions approved by the
Secretary of the Treasury, in banking institutions in the
United States, (1) against which letters of commitment may be
issued which shall constitute recordable obligations of the
United States Government, and moneys due or to become due under
such letters of commitment shall be assignable under the
Assignment of Claims Act of 1940, as amended (second and third
paragraphs of 31 U.S.C. 203 and 41 U.S.C. 15), and (2) from
which disbursements may be made to, or withdrawals may be made
by, recipient countries or agencies, organizations, or persons
upon presentation of contracts, invoices, or other appropriate
documentation. Expenditure of funds which have been made
available through accounts so established shall be accounted
for on standard documentation required for expenditure of funds
of the United States Government: Provided, That such
expenditures for commodities, defense articles, military
education and training services (including defense services),
or facilities procured outside the United States may be
accounted for exclusively on such certification as may be
prescribed in regulations approved by the Comptroller General
of the United States.
(f) Credits made by the Export-Import Bank of Washington
with funds allocated thereto under subsection (a) of this
section or under section 522(a) of the Mutual Security Act of
1954, as amended, shall not be considered in determining
whether the Bank has outstanding at any one time loans and
guaranties to the extent of the limitation imposed by section 7
of the Export-Import Bank Act of 1945,\1136\ as amended (12
U.S.C. 635e).
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\1136\ For text, see Legislation on Foreign Relations Through 2008,
vol. III.
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(g) Any appropriation or account available to carry out
provisions of part I may initially be charged in any fiscal
year, within the limit of available funds, to finance expenses
for which funds are available in other appropriations or
accounts under part I: Provided, That as of the end of such
fiscal year such expenses shall be finally charged to
applicable appropriations or accounts with proper credit to the
appropriations or accounts initially utilized for financing
purposes: Provided further, That such final charge to
applicable appropriations or accounts shall not be required in
the case of expenses (other than those provided for under
section 637(a)) incurred in furnishing assistance by the agency
primarily responsible for administering part I where it is
determined that the accounting costs of identifying the
applicable appropriation or account to which such expenses
should be charged would be disproportionate to the advantage to
be gained.
Sec. 633.\1137\ Waivers of Certain Laws.--(a) Whenever the
President determines it to be in furtherance of the purposes of
this Act,\1138\ the functions authorized under this Act may be
performed without regard to such provisions of law (other than
the Renegotiation Act of 1951, as amended (50 U.S.C. App. 1211
et seq.)), regulating the making, performance, amendment, or
modification of contracts and the expenditure of funds of the
United States Government as the President may specify.\1139\
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\1137\ 22 U.S.C. 2393.
\1138\ Sec. 1405 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1675) amended
subchapter IV of chapter 15 of title 31, U.S.C., to limit the
availability of funds beyond the year in which such funds were
appropriated, unless otherwise expressly stated, and canceled
unobligated funds and pending obligated funds (see 31 U.S.C. 1551-1557,
and related notes).
\1139\ See Executive Order 11223 (30 F.R. 6635, signed May 12,
1965); amended by Executive Order 12163 (44 F.R. 56673, signed
September 29, 1979); amended by Executive Order 12178 (44 F.R. 71807,
signed December 10, 1979), amended by Executive Order 13118 (64 F.R.
16595, signed March 31, 1999), in Legislation on Foreign Relations
Through 2008, vol. I-B.
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(b) The functions authorized under part II may be performed
without regard to such provisions as the President may specify
of the joint resolution of November 4, 1939 (54 Stat. 4), as
amended.
(c) Notwithstanding the provisions of sections 3544(b) and
8544(b) of title 10 of the United States Code, personnel of the
Department of Defense may be assigned or detailed to any civil
office to carry out this Act. [Referenced sections repealed by
Public Law 90-235. See 10 U.S.C. 973(b).]
Sec. 633A.\1140\ Furnishing Information.--None of the funds
made available pursuant to the provisions of this Act shall be
used to carry out any provision of this Act in any country or
with respect to any project or activity, after the expiration
of the thirty-five-day period which begins on the date the
Government Accountability Office \1141\ or any committee of the
Congress charged with considering legislation, appropriations
or expenditures under this Act, has delivered to the office of
the head of any agency carrying out such provision, a written
request that it be furnished any document, paper,
communication, audit, review, finding, recommendation, report,
or other material in its custody or control relating to the
administration of such provision in such country or with
respect to such project or activity, unless and until there has
been furnished to the General Accounting Office,\1141\ or to
such committee, as the case may be, (1) the document, paper,
communication, audit, review, finding, recommendation, report,
or other material so requested, or (2) a certification by the
President that has forbidden the furnishing thereof pursuant to
request and his reason for so doing.
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\1140\ 22 U.S.C. 2393a. Added by sec. 502(a)(1) of the
International Development and Food Assistance Act of 1978 (Public Law
95-424; 92 Stat. 957).
\1141\ 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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Sec. 634.\1142\ Annual Report.--(a) In order that the
Congress and the American people may be better and more
currently informed regarding American foreign policy and the
effectiveness of assistance provided by the United States
Government to other countries and to international
organizations, the Chairman of the Development Coordination
Committee shall prepare and transmit to the Congress, no later
than February 1 of each year, as a part of the annual
presentation materials for foreign assistance, a report as
described in this subsection. This report shall include--\1143\
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\1142\ 22 U.S.C. 2394. Amended and restated by sec. 502(a)(2) of
the International Development and Food Assistance Act of 1978 (Public
Law 95-424; 92 Stat. 957). Sec. 305(b) of Public Law 99-83 (99 Stat.
215) (concerning the promotion of immunization and oral rehydration)
provided as follows:
``Each annual report required by section 634 of the Foreign
Assistance Act of 1961 shall describe the progress achieved during the
preceding fiscal year in carrying out section 104(c)(3) of such Act.''.
Sec. 637(k) of the Consolidated Appropriations Act (Public Law 108-
199; 118 Stat. 101; 22 U.S.C. 2394b(k)) requires the President to
report every three years on the impact and effectiveness of U.S.
foreign aid. For text, see page 646.
\1143\ Sec. 733(1) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1559) amended and
restated subsec. (a) to this point.
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(1)(A) a comprehensive and coordinated review of all
United States policies and programs having a major
impact on the development of developing countries,
including but not limited to bilateral and multilateral
assistance, trade, debt, employment, food, energy,
technology, population, oceans, environment, human
settlements, natural resources, and participation in
international agencies concerned with development;
(B) an assessment of the impact of such policies and
programs on the well-being of the poor majority in
developing countries in accordance with the policy
objectives of chapter 1 of part I, including \1144\
increasing life expectancy and literacy, lowering
infant mortality and birth rates, and increasing food
production and employment, such assessment to include
an evaluation of the extent to which programs under
chapter 1 of part I directly benefit the poor majority;
and \1145\
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\1144\ Sec. 733(2) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1559) struck out
``the progressive developing countries are making toward achieving
those objectives which are indicative of improved well-being of the
poor majority, which objectives shall include but not be limited to''
at this point.
\1145\ Sec. 312(b) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 216) inserted
``such assessment to include an evaluation of the extent to which
programs under chapter 1 of part I directly benefit''.
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(C) an assessment of the impact of such policies and
programs on economic conditions in the United States,
including but not limited to employment, wages, and
working conditions;
(2) the dollar value of all foreign assistance and
guaranties by category and by country provided or made
by the United States Government by any means to all
foreign countries and international organizations--
(A) from 1946 to the fiscal year immediately
preceding the fiscal year for which the report
is required;
(B) as presented to Congress for the
immediate preceding fiscal year;
(C) as obligated during the immediately
preceding fiscal year;
(D) as planned for the fiscal year in which
the report is presented;
(E) as proposed for the fiscal year following
the year in which the report is presented; and
(F) \1146\ of any contract in excess of
$100,000 administered by the Agency for
International Development which was entered
into in the preceding fiscal year without
competitive selection procedures, and the
reasons for doing so;
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\1146\ Sec. 733(3) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1559) added
subpara. (F).
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(3) a summary of repayments, by country, to the
United States from previous foreign assistance loans;
(4) \1147\ the status of each sale of agricultural
commodities on credit terms theretofore made under the
Food for Peace Act \1148\ with respect to which there
remains outstanding any unpaid obligation; and the
status of each transaction with respect to which a
loan, contract or guarantee of insurance, or extension
of credit (or participation therein) was theretofore
made under the Export-Import Bank Act of 1945 with
respect to which there remains outstanding any unpaid
obligation or potential liability; except that such
report shall include individually only any loan,
contract, sale, extension of credit, or other
transactions listed in this paragraph which is in
excess of $1,000,000;
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\1147\ Sec. 733(4) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1559) amended and
restated para. (4). Previously, para. (4) also required information on
loans and contracts concerning security assistance under this Act and
credits for the procurement of defense articles under the Arms Export
Control Act. This information is now required by sec. 25(a)(11) of the
Arms Export Control Act.
\1148\ Sec. 3001(b) of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural
Trade Development and Assistance Act of 1954'' and inserted in lieu
thereof ``Food for Peace Act''.
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(5)(A) the status of the debt servicing capacity of
each country receiving assistance under this Act;
(B) all forms of debt relief granted by the United
States with respect to such countries, together with a
detailed statement of the specific debt relief granted
with respect to each such country and the purpose for
which it was granted; and
(C) a summary of the net aid flow from the United
States to such countries, taking into consideration the
debt relief granted by the United States;
(6) \1149\ the dollar value of all official
development assistance, security assistance,
international disaster assistance, refugee assistance,
and international narcotic control assistance provided
by each government of a country which is a member of
the Organization for Economic Cooperation and
Development or of the Organization of Petroleum
Exporting Countries;
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\1149\ Sec. 707 of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3159) redesignated
existing para. (6) as para. (8) and added new paras. (6) and (7). Sec.
733(6) of the International Security and Development Cooperation Act of
1981 (Public Law 97-113; 95 Stat. 1559) struck out para. (8) (as
redesignated) and inserted new paras. (8) through (12). Similar
information required in each of the new paras. (8) through (12) had
been previously required under other provisions as follows: para. (8)--
sec. 613(c) of this Act (semiannually); para. (9)--sec. 640B(g) of this
Act; para. (10)--sec. 657 of this Act; para. (11)--sec. 133(c)(6) of
Public Law 95-88; and para. (12)--former para. (8) of this subsection.
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(7) \1149\ the percentage which each type of
assistance described in paragraph (6) represents of (A)
the gross national product of each country referred to
in paragraph (6), and (B) the budget of the government
of such country, as well as the per capita contribution
for each country for each type of assistance described
in paragraph (6);
(8) \1149\ the amount of all foreign currencies
acquired without payment of dollars on hand of each
foreign country as of September 30 of the preceding
fiscal year;
(9) \1149\ the Development Coordination Committee's
operations pursuant to section 640B(f) of this Act;
(10) \1149\ the aggregate dollar value and quantity
of grant military assistance, military education and
training, and any other defense articles and services
furnished under this Act by the United States to each
foreign country and international organization for the
preceding fiscal year;
(11) \1149\ information concerning the activities of
the Minority Resource Center during the preceding
fiscal year; and
(12) \1149\ other information appropriate to the
conduct of the foreign assistance program of the United
States Government.
(b) For purposes of this section--
(1) ``foreign assistance'' means any tangible or
intangible item provided by the United States
Government to a foreign country or international
organization under this or any other Act, including but
not limited to any training, service, or technical
advice, any item of real, personal, or mixed property,
any agricultural commodity, United States dollars, and
any currencies of any foreign country which are owned
by the United States Government; and
(2) ``provided by the United States Government''
includes, but is not limited to, foreign assistance
provided by means of gift, loan, sale, credit, or
guaranty.
Sec. 634A.\1150\ Notification of Program Changes.--(a)
\1151\ None of the funds appropriated to carry out the purposes
of this Act (except for programs under title III or title IV of
chapter 2 of part I, chapter 5 of part I, and programs of
disaster relief and rehabilitation) or the Arms Export Control
Act \1152\ may be obligated for any activities, programs,
projects, types of material assistance, countries, or other
operations not justified, or in excess of the amount justified,
to the Congress for obligation under this Act or the Arms
Export Control Act \1152\ for any fiscal year unless the
Committee on Foreign Relations of the Senate, the Committee on
Foreign Affairs \1153\ of the House of Representatives, and the
Committee on Appropriations of each House of the Congress are
notified fifteen days in advance of such obligation. Whenever a
proposed reprogramming exceeds $1,000,000 and the total amount
proposed for obligation for a country under this Act in a
fiscal year exceeds by more than $5,000,000 the amount
specified for that country in the report required by section
653(a) of this Act, notifications of such proposed
reprogrammings shall specify--
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\1150\ 22 U.S.C. 2394-1. Added originally as sec. 671 by the
International Development and Food Assistance Act of 1977 (Public Law
95-88; 91 Stat. 543); redesignated as sec. 634A by sec. 502(b) of the
International Development and Food Assistance Act of 1978 (Public Law
95-424; 92 Stat. 959).
Sec. 7019 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 868), provides the following:
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``allocations
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``Sec. 7019. (a) Funds provided in this Act for the following
accounts shall be made available for programs and countries in the
amounts contained in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act):
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`` `Educational and Cultural Exchange Programs'.
`` `International Fisheries Commissions'.
`` `International Broadcasting Operations'.
`` `Global Health and Child Survival'.
`` `Development Assistance'.
`` `Economic Support Fund'.
`` `Assistance for Europe, Eurasia and Central Asia'.
`` `Andean Counterdrug Programs'.
`` `Nonproliferation, Anti-terrorism, Demining and Related Programs'.
`` `Foreign Military Financing Program'.
`` `International Organizations and Programs'.
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``(b) For the purposes of implementing this section and only with
respect to the tables included in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act), the Secretary of State, Administrator of the United States Agency
for International Development and the Broadcasting Board of Governors,
as appropriate, may propose deviations to the amounts referenced in
subsection (a), subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign Assistance
Act of 1961.
``(c) The requirements contained in subsection (a) shall apply to
the table under the headings `Bilateral Economic Assistance' and
`General Provisions' in such explanatory statement.''.
\1151\ Sec. 1209(a)(3) of the International Security and
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat 278)
added subsecs. (b) and (c). Sec. 1209(a)(1) of that Act also inserted
the designation for subsec. (a).
\1152\ Sec. 1209(a)(2) of the International Security and
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 278)
added references to the Arms Export Control Act.
\1153\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives. Previously,
sec. 9(a)(6) of Public Law 103-437 (108 Stat. 4588) struck out
``International Relations'' and inserted in lieu thereof ``Foreign
Affairs''.
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(1) the nature and purpose of such proposed
obligation, and
(2) to the extent possible at the time of the
proposed obligation, the country for which such funds
would otherwise have been obligated.\1154\
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\1154\ Sec. 704 of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1544) added this
sentence.
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(b) \1151\ The notification requirement of this section
does not apply to the reprogramming--
(1) of funds to be used for an activity, program, or
project under chapter 1 of part I if the amounts to be
obligated for that activity, program, or project for
that fiscal year do not exceed by more than 10 percent
the amount justified to the Congress for that activity,
program, or project for that fiscal year; or
(2) of less than $25,000 to be used under chapter 8
of part I, or under chapter 5 of part II, for a country
for which a program under that chapter for that fiscal
year was justified to the Congress.
(c) \1151\ The President shall notify the chairman of the
Committee on Foreign Relations of the Senate and the chairman
of the Committee on Foreign Affairs \1155\ of the House of
Representatives concerning any reprogramming of funds in the
International Affairs Budget Function, the authorizations of
appropriations for which are in their respective jurisdictions,
to the same degree and with the same conditions as the
President notifies the Committees on Appropriations. The
requirements of this subsection are in addition to, and not in
lieu of, other notification requirements.
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\1155\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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Sec. 634B.\1156\ Classification of Reports.--All
information contained in any report transmitted under this Act
shall be public information. However, in the case of any item
of information to be included in any such report that the
President, on an extraordinary basis, determines is clearly
detrimental to the security of the United States, he shall
explain in a supplemental report why publication of each
specific item would be detrimental to the security of the
United States. A supplemental report shall be transmitted to
the Congress at the time the report is transmitted.
---------------------------------------------------------------------------
\1156\ 22 U.S.C. 23941a. Sec. 502(c) of the International
Development and Food Assistance Act of 1978 (Public Law 95-424; 92
Stat. 959) added sec. 634B.
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Sec. 635.\1157\ General Authorities.--(a) Except as
otherwise specifically provided in this Act, assistance under
this Act may be furnished on a grant basis or on such terms,
including cash, credit, or other terms of repayment (including
repayment in foreign currencies or by transfer to the United
States Government of commodities) as may be determined to be
best suited to the achievement of the purposes of this Act, and
shall emphasize loans rather than grants wherever possible.
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\1157\ 22 U.S.C. 2395. Title III of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2009
(division H of Public Law 111-8; 123 Stat. 845), provides the
following:
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``development credit authority
``(including transfer of funds)
---------------------------------------------------------------------------
``For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 256 and 635 of the Foreign Assistance Act of 1961, up to
$25,000,000 may be derived by transfer from funds appropriated by this
Act to carry out part I of such Act and under the heading `Assistance
for Europe, Eurasia and Central Asia': Provided, That funds provided
under this paragraph and funds provided as a gift pursuant to section
635(d) of the Foreign Assistance Act of 1961 shall be made available
only for micro and small enterprise programs, urban programs, and other
programs which further the purposes of part I of such Act: Provided
further, That such costs, including the cost of modifying such direct
and guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
funds made available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior Acts, and
funds used for such costs shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
the provisions of section 107A(d) (relating to general provisions
applicable to the Development Credit Authority) of the Foreign
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as
reported by the House Committee on International Relations on May 9,
1997, shall be applicable to direct loans and loan guarantees provided
under this heading: Provided further, That these funds are available to
subsidize total loan principal, any portion of which is to be
guaranteed, of up to $700,000,000.
``In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for International
Development, $8,000,000, which may be transferred to, and merged with,
funds made available under the heading `Operating Expenses' in title II
of this Act: Provided, That funds made available under this heading
shall remain available until September 30, 2011.''.
For text of sec. 306 of H.R. 1486, as reported by the House
Committee on International Relations on May 9, 1997, see notes at sec.
108 of this Act.
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(b) The President may make loans, advances, and grants to,
make and perform agreements and contracts with, or enter into
other transactions with, any individual, corporation, or other
body of persons, friendly government or government agency,
whether within or without the United States and international
organizations in furtherance of the purposes and within the
limitations of this Act.
(c) It is the sense of Congress that the President, in
furthering the purposes of this Act, shall use to the maximum
extent practicable the services and facilities of voluntary,
nonprofit organizations registered with, and approved by, the
Agency for International Development.\1158\
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\1158\ Sec. 121 of the International Development Cooperation Act of
1979 (Public Law 96-53; 93 Stat. 366) struck out ``Advisory Committee
on Voluntary Foreign Aid'' and inserted in lieu thereof ``Agency for
International Development''.
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(d) The President may accept and use in furtherance of the
purposes of this Act, money, funds, property, and services of
any kind made available by gift, devise, bequest, grant, or
otherwise for such purpose.
(e)(1) \1159\ Any agency of the United States Government is
authorized to pay the cost of health and accident insurance for
foreign participants in any program of furnishing technical
information and assistance administered by such agency while
such participants are absent from their homes for the purpose
of participation in such program.
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\1159\ Sec. 302(i)(1) of the FA Act of 1967 (Public Law 90-137)
added para. designation ``(1)'' and para. (2).
---------------------------------------------------------------------------
(2) \1159\ Any agency of the United States Government is
authorized to pay the cost of health and accident insurance for
foreign employees of that agency while those employees are
absent from their places of employment abroad for purposes of
training or other official duties.
(f) Alien participants in any program of furnishing
technical information and assistance under this Act may be
admitted to the United States if otherwise qualified as
nonimmigrants under section 101(a)(15) of the Immigration and
Nationality Act, as amended (8 U.S.C. 1101(a)(15)), for such
time and under such conditions as may be prescribed by
regulations promulgated by the Secretary of State and the
Attorney General.
(g) In making loans \1160\ under this Act, the President--
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\1160\ The words ``and sales'', which appeared at this point, were
added by sec. 302(g) of the FA Act of 1965 (Public Law 89-171); then
deleted by sec. 302(i)(2) of the FA Act of 1967 (Public Law 90-137).
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(1) may issue letters of credit and letters of
commitment;
(2) may collect or compromise any obligations
assigned to, or held by, and any legal or equitable
rights accruing to him, and, as he may determine, refer
any such obligations or rights to the Attorney General
for suit or collection;
(3) may acquire and dispose of, upon such terms and
conditions as he may determine, any property, including
any instrument evidencing indebtedness or ownership
(provided that equity securities may not be directly
purchased although such securities may be acquired by
other means such as by exercise of conversion rights or
through enforcement of liens or pledges or otherwise to
satisfy a previously incurred indebtedness), and
guarantee payment against any such instrument;
(4) may determine the character of, and necessity
for, obligations and expenditures of funds used in
making such loans and the manner in which they shall be
incurred, allowed, and paid, subject to provisions of
law specifically applicable to corporations of the
United States Government; and
(5) shall cause to be maintained an integral set of
accounts which shall be audited by the General
Accounting Office \1161\ in accordance with principles
and procedures applicable to commercial corporate
transactions as provided by the Government Corporation
Control Act, as amended (31 U.S.C. 841 et seq.).
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\1161\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public
Law 108-271; 118 Stat. 814) redesignated the ``General Accounting
Office'' as the ``Government Accountability Office'' and provided that
``Any reference to the General Accounting Office in any law, rule,
regulations, certificate, directive, instruction, or other official
paper in force on the date of enactment of this Act shall be considered
to refer and apply to the Government Accountability Office.''.
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(h) A contract or agreement which entails commitments for
the expenditure of funds \1162\ available under chapter 1
\1163\ (except development loans) \1164\ and title II of
chapter 2 of part I and under part II may, subject to any
future action of the Congress, extend at any time for not more
than five years.
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\1162\ Sec. 302(g) of the FA Act of 1962 (Public Law 87-565) struck
out ``made'' after ``funds''.
\1163\ Sec. 102(g)(2)(G) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943) struck out
``titles V and VI'' and inserted in lieu thereof ``chapter 1''.
\1164\ Sec. 302(d) of the FA Act of 1966 (Public Law 89-583)
inserted ``(except development loans)''.
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(i) Claims arising as a result of investment guaranty
operations may be settled, and disputes arising as the result
thereof may be arbitrated with the consent of the parties, on
such terms and conditions as the President may direct. Payment
made pursuant to any such settlement, or as a result of an
arbitration award, shall be final and conclusive
notwithstanding any other provision of law.
(j) The provisions of section 955 of title 18 of the United
States Code shall not apply to prevent any person, including
any individual, partnership, corporation, or association, from
acting for, or participating in, any operation or transaction
arising under this Act, or from acquiring any obligation issued
in connection with any operation or transaction arising under
this Act.
(k) \1165\ Any cost-type contract or agreement (including
grants) entered into with a university, college, or other
educational institution for the purpose of carrying out
programs authorized by part I may provide for the payment of
the reimbursable indirect costs of said university, college, or
other educational institution on the basis of predetermined
fixed-percentage rates applied to the total or an element
thereof, of the reimbursable direct costs incurred.
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\1165\ Sec. 302(e) of the FA Act of 1963 (Public Law 88-205) added
subsec. (k).
---------------------------------------------------------------------------
(l) \1166\ The Administrator of the agency primarily
responsible for administering part I may use funds made
available under that part to provide program and management
oversight for activities that are funded under that part and
that are conducted in countries in which the agency does not
have a field mission or office.
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\1166\ Sec. 301 of the Global AIDS and Tuberculosis Relief Act of
2000 (Public Law 106-264; 114 Stat. 760) added subsec. (l).
---------------------------------------------------------------------------
(m) \1167\ (1) There is established a working capital fund
(in this subsection referred to as the ``fund'') for the United
States Agency for International Development (in this subsection
referred to as the ``Agency'') which shall be available without
fiscal year limitation for the expenses of personal and
nonpersonal services, equipment, and supplies for--
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\1167\ Added by sec. 404 of the Microenterprise for Self-Reliance
and International Anti-Corruption Act of 2000 (Public Law 106-309; 114
Stat. 1098).
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(A) International Cooperative Administrative Support
Services; and
(B) rebates from the use of United States Government
credit cards.
(2) The capital of the fund shall consist of--
(A) the fair and reasonable value of such supplies,
equipment, and other assets pertaining to the functions
of the fund as the Administrator determines,
(B) rebates from the use of United States Government
credit cards, and
(C) any appropriations made available for the purpose
of providing capital,
minus related liabilities.
(3) The fund shall be reimbursed or credited with advance
payments for services, equipment, or supplies provided from the
fund from applicable appropriations and funds of the Agency,
other Federal agencies and other sources authorized by section
607 at rates that will recover total expenses of operation,
including accrual of annual leave and depreciation. Receipts
from the disposal of, or payments for the loss or damage to,
property held in the fund, rebates, reimbursements, refunds and
other credits applicable to the operation of the fund may be
deposited in the fund.
(4) At the close of each fiscal year the Administrator of
the Agency shall transfer out of the fund to the miscellaneous
receipts account of the Treasury of the United States such
amounts as the Administrator determines to be in excess of the
needs of the fund.
(5) The fund may be charged with the current value of
supplies and equipment returned to the working capital of the
fund by a post, activity, or agency, and the proceeds shall he
credited to current applicable appropriations.
Sec. 636.\1168\ Provisions on Uses of Funds.--(a)
Appropriations for the purposes of or pursuant to this Act
(except for Part II), allocations to any agency of the United
States Government, from other appropriations, for functions
directly related to the purposes of this Act, and funds made
available for other purposes to the agency primarily
responsible for administering part I, shall be available for:
---------------------------------------------------------------------------
\1168\ 22 U.S.C. 2396.
---------------------------------------------------------------------------
(1) rent of buildings and space in buildings in the
United States, and for repair, alteration, and
improvements of such leased properties;
(2) expenses of attendance at meetings concerned with
the purposes of such appropriations of this Act,
including (notwithstanding the provisions of section 9
of Public Law 60328 (31 U.S.C. 673)) expenses in
connection with meetings and persons whose employment
is authorized by section 626;
(3) contracting with individuals for personal service
abroad: Provided, That such individuals shall not be
regarded as employees of the United States Government
for the purpose of any law administered by the Civil
Service Commission;
(4) purchase, maintenance, operation, and hire of
aircraft: Provided, That aircraft for administrative
purposes may be purchased only as specifically provided
for in an appropriation or other Act;
(5) purchase and hire of passenger motor vehicles:
Provided, That, except as may otherwise be provided in
an appropriation or other Act, passenger motor vehicles
for administrative purposes outside the United States
may be purchased for replacement only, and such
vehicles may be exchanged or sold and replaced by an
equal number of such vehicles and the cost, including
exchange allowance, of each such replacement shall not
exceed the current market price in the United States of
a mid-sized sedan or station wagon meeting the
requirements established by the General Services
Administration for a Class III vehicle of United States
manufacture (or, if the replacement vehicle is a right-
hand drive vehicle, 120 percent of that price) \1169\
in the case of an automobile for the chief of any
special mission or staff outside the United States
established under section 631: Provided further, That
passenger motor vehicles other than one for the
official use \1170\ of the head of the agency primarily
responsible for administering part I, may be purchased
for use in the United States only as may be
specifically provided in an appropriation or other Act;
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\1169\ Sec. 505 of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 960) struck out
``$3,500'' and inserted in lieu thereof ``the current market price in
the United States of a mid-sized sedan or station wagon meeting the
requirements established by the General Services Administration for a
Class III vehicle of United States manufacture (or, if the replacement
vehicle is a right-hand drive vehicle, 120 percent of that price)''.
\1170\ Public Law 99-550 (100 Stat. 3067) struck out ``(without
regard to the limitations contained in section 5 of Public Law 63127,
as amended (31 U.S.C. 638a(c)(2)), and section 201 of Public Law 85468
(31 U.S.C. 638(c))''.
Similar provisions were struck out from sec. 48 of the Arms Control
and Disarmament Act. See Legislation on Foreign Relations Through 2008,
vol. II-B, notes.
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(6) entertainment (not to exceed $25,000 in any
fiscal year except as may otherwise be provided in an
appropriation or other Act);
(7) exchange of funds without regard to section 3651
of the Revised Statutes (31 U.S.C. 543) and loss by
exchange;
(8) expenditures (not to exceed $50,000 in any fiscal
year except as may otherwise be provided in an
appropriation or other Act) of a confidential character
other than entertainment: Provided, That a certificate
of the amount of such expenditure, the nature of which
it is considered inadvisable to specify, shall be made
by the head of the agency primarily responsible for
administering part I or such person as he may
designate, and every such certificate shall be deemed a
sufficient voucher for the amount therein specified;
\1171\
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\1171\ See also sec. 614(c) of this Act.
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(9) insurance of official motor vehicles or aircraft
acquired for use in foreign countries;
(10) rent or lease outside the United States for not
to exceed ten years of offices, buildings, grounds, and
quarters, including living quarters to house personnel,
and payments therefor in advance; maintenance,
furnishings, necessary repairs, improvements, and
alterations to properties owned or rented by the United
States Government or made available for use to the
United States Government outside the United States; and
costs of fuel, water, and utilities for such
properties;
(11) expenses of preparing and transporting to their
former homes, or, with respect to foreign participants
engaged in any program under part I, to their former
homes or places of burial, and of care and disposition
of, the remains of persons or members of the families
of persons who may die while such persons are away from
their homes participating in activities carried out
with funds covered by this subsection;
(12) purchase of uniforms;
(13) payment of per diem in lieu of subsistence to
foreign participants engaged in any program under part
I while such participants are away from their homes in
countries other than the United States, at rates not in
excess of those prescribed by the standardized
Government travel regulations, notwithstanding any
other provision of law;
(14) use in accordance with authorities of the
Foreign Service Act of 1980 \1172\ (22 U.S.C. 3901 et
seq.) not otherwise provided for;
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\1172\ Sec. 1211(b)(1) of the International Security and
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279)
inserted reference to the 1980 Act, updating a reference to the 1946
Act.
---------------------------------------------------------------------------
(15) ice and drinking water for use outside the
United States;
(16) services of commissioned officers of the
Environmental Science Services Administration and for
the purposes of providing such services to the
Environmental Science Services Administration \1173\
may appoint not to exceed twenty commissioned officers
in addition to those otherwise authorized;
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\1173\ Sec. 302(k) of the FA Act of 1967 (Public Law 90-137) struck
out ``Coast and Geodetic Survey'' and inserted in lieu thereof
``Environmental Science Service Administration''.
---------------------------------------------------------------------------
(17) \1174\ * * * [Repealed--2002]
---------------------------------------------------------------------------
\1174\ Sec. 271(7) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (title II of
Public Law 107-372; 116 Stat. 3094) repealed para. (17), which had
provided as follows:
``(17) expenses in connection with travel of personnel outside the
United States, including travel expenses of dependents (including
expenses during necessary stopovers while engaged in such travel), and
transportation of personal effects, household goods, and automobiles of
such personnel when any part of such travel or transportation begins in
one fiscal year pursuant to travel orders issued in that fiscal year,
notwithstanding the fact that such travel or transportation may not be
completed during the same fiscal year, and cost of transporting
automobiles to and from a place of storage, and the cost of storing
automobiles of such personnel when it is in the public interest or more
economical to authorize storage.''.
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(b) Funds made available for the purposes of this Act may
be used for compensation, allowances, and travel of personnel
including Foreign Service personnel whose services are utilized
primarily for the purposes of this Act, for printing and
binding without regard to the provisions of any other law, and
for expenditures outside the United States for the procurement
of supplies and services and for other administrative and
operating purposes (other than compensation of personnel)
without regard to such laws and regulations governing the
obligation and expenditure of funds of the United States
Government as may be necessary to accomplish the purposes of
this Act.
(c) \1175\ Notwithstanding any other law, not to exceed
$6,000,000 \1176\ of the funds available for assistance under
this Act \1177\ may be used in any fiscal year (in addition to
funds available for such use under other authorities in this
Act) to construct or otherwise acquire outside the United
States (1) essential living quarters, office space, and
necessary supporting facilities for use of personnel carrying
out activities authorized by this Act, and (2) schools
(including dormitories and boarding facilities) and hospitals
for use of personnel carrying out activities authorized by this
Act, United States Government personnel, and their dependents.
In addition, funds made available for assistance under this Act
\1177\ may be used, notwithstanding any other law, to equip,
staff, operate, and maintain such schools and hospitals.
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\1175\ Sec. 585 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2047), provided the following:
``Sec. 585. (a) The proceeds of overseas property acquired by the
Agency for International Development under the authority of section
636(c) of the Foreign Assistance Act of 1961 may be deposited in a
separate fund, which shall be known as the Property Management Fund.
Such proceeds shall be available for use only for the purposes of
section 636(c) of that Act, and shall remain available until expended.
The Administrator of the Agency for International Development shall
report all uses of funds deposited into the Property Management Fund as
part of the annual Congressional Presentation materials submitted by
the Agency for International Development.
``(b) The provisions of subsection (a) shall be applicable to
property acquired prior to the date of enactment of this Act and at any
time thereafter.''.
\1176\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1988 (sec. 101(e) of the
Continuing Appropriations for 1988; Public Law 100-202; 101 Stat.
1329), struck out ``$3,000,000'' and inserted in lieu thereof
``$6,000,000''.
\1177\ Sec. 102(g)(2) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943) struck out
``(other than title I of chapter 2 of part I)'' at this point.
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(d) Not to exceed $2,500,000 \1178\ of funds available for
assistance under this Act \1177\ may be used in any fiscal year
to provide assistance, on such terms and conditions as are
deemed appropriate, to schools established, or to be
established, outside the United States whenever it is
determined that such action would be more economical or would
best serve the interests of the United States in providing for
the education of dependents of personnel carrying out
activities authorized by this Act and dependents of United
States Government personnel, in lieu of acquisition or
construction pursuant to subsection (c) of this section.
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\1178\ Sec. 302(1) of the FA Act of 1967 (Public Law 90-137) struck
out ``$1,500,000'' and inserted in lieu thereof ``$2,500,000''.
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(e) Funds available under this Act \1177\ may be used to
pay costs of training United States citizen personnel employed
or assigned pursuant to section 625(d)(2) (through interchange
or otherwise) at any State or local unit of government, public
or private nonprofit institution, trade, labor, agricultural,
or scientific association or organization, or commercial firm;
and the provisions of Public Law 84-918 (7 U.S.C. 1881 et seq.)
may be used to carry out the foregoing authority
notwithstanding that interchange of personnel may not be
involved or that the training may not take place at the
institutions specified in that Act. Such training shall not be
considered employment or holding of office under section 5533
of title 5 of the United States Code,\1179\ and any payments or
contributions in connection therewith may, as deemed
appropriate by the head of the agency of the United States
Government authorizing such training, be made by private or
public sources and be accepted by any trainee, or may be
accepted by and credited to the current applicable
appropriation of such agency: Provided, however, That any such
payments to any employee in the nature of compensation shall be
in lieu, or in reduction, of compensation received from the
United States Government.
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\1179\ Sec. 302(m) of the FA Act of 1967 (Public Law 90-137) struck
out ``301 of the Dual Compensation Act (5 U.S.C. 3105)'' and inserted
in lieu thereof ``5533 of title 5 of the United States Code''.
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(f) Funds made available under chapter 1 of part I \1180\
may be used for expenses (other than those provided for under
section 637(a)) to assist in carrying out functions under
chapter 1 of part I,\1181\ under the Food for Peace Act,\1182\
as amended (7 U.S.C. 1691 et seq.), and under the Latin
American Development Act, as amended \1183\ (22 U.S.C. 1942 et
seq.), performed by the agency primarily responsible for
administering part I or by the Corporation established under
title IV of chapter 2 of part I with respect to loan activities
which it carries out under the provisions of the Food for Peace
Act, as amended.\1184\
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\1180\ Sec. 102(g)(2)(J) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943) struck out
``section 212'' and inserted in lieu thereof ``chapter 1 of part I''.
\1181\ Sec. 102(g)(2)(J) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943) struck out
``title I of chapter 2'' and inserted in lieu thereof ``chapter 1 of
part I''.
\1182\ Sec. 3001(b) of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural
Trade Development and Assistance Act of 1954'' and inserted in lieu
thereof ``Food for Peace Act''.
\1183\ Sec. 302(h)(2) of the FA Act of 1965 (Public Law 89-171)
struck out ``Act to provide for assistance in the development of Latin
America and in the reconstruction of Chile, and for other purposes''
and inserted in lieu thereof ``Latin American Development Act, as
amended''. For text of the Latin American Development Act, as amended,
see Legislation on Foreign Relations Through 2008, vol. I-B.
\1184\ Sec. 306 of the FA Act of 1969 (Public Law 91-175) inserted
``or by the Corporation established under title IV of chapter 2 of part
I with respect to loan activities which it carries out under the
provisions of the Agricultural Trade Development and Assistance Act of
1954, as amended''. Sec. 3001(b) of the Food, Conservation, and Energy
Act of 2008 (Public Law 110-246; 122 Stat. 1820) subsequently struck
out ``Agricultural Trade Development and Assistance Act of 1954'' and
inserted in lieu thereof ``Food for Peace Act''.
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(g) Funds made available for the purposes of part II or the
Arms Export Control Act \1185\ shall be available for--
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\1185\ Title III of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
Stat. 1214), added this reference to the Arms Export Control Act.
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(1) administrative, extraordinary (not to exceed
$300,000 in any fiscal year), and operating expenses
incurred in furnishing defense articles, military
education and training \1186\ and defense services on a
grant or sales basis by the agency primarily
responsible for administering part II; \1187\
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\1186\ Sec. 106(b) of the International Security Assistance and
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733)
inserted ``, military education and training''.
\1187\ Sec. 302(d) of the FA Act of 1968 (Public Law 90-554)
inserted ``incurred in furnishing defense articles and defense services
on a grant or sales basis by the agency primarily responsible for
administering part II'' (see above footnote).
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(2) reimbursement of actual expenses of military
officers detailed or assigned as tour directors in
connection with orientation visits of foreign military
and related civilian personnel,\1188\ in accordance
with the provisions of section 5702(c) of title 5 of
the United States Code,\1189\ applicable to civilian
officers and employees; and
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\1188\ Sec. 106(b) of the International Security Assistance and
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733)
struck out ``personnel'' and inserted in lieu thereof ``and related
civilian personnel''.
\1189\ Sec. 302(n) of the FA Act of 1967 (Public Law 90-137) struck
out ``3 of the Travel Expense Act of 1949, as amended (5 U.S.C. 836),''
and inserted in lieu thereof ``5702(c) of title 5 of the United States
Code''.
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(3) maintenance, repair, alteration, and furnishing
of United States-owned facilities in the District of
Columbia or elsewhere for the training of foreign
military and related civilian personnel \1188\ without
regard to the provisions of section 3733 of the Revised
Statutes (41 U.S.C. 12) or other provision of law
requiring a specific authorization or specific
appropriation for such public contracts.
(h) \1190\ In carrying out programs under this Act, the
President shall take all appropriate steps to assure that, to
the maximum extent possible, (1) countries receiving assistance
under this Act contribute local currencies to meet the cost of
contractual and other services rendered in conjunction with
such programs, and (2) foreign currencies owned by the United
States are utilized to meet the costs of such contractual and
other services.
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\1190\ Sec. 302(f) of the FA Act of 1963 (Public Law 88-205) added
subsec. (h).
---------------------------------------------------------------------------
(i) \1191\ Notwithstanding section 640 or any other
provision of this Act, none of the funds made available to
carry out this Act shall be used to finance the purchase, sale,
long-term lease, exchange, or guaranty of a sale of motor
vehicles unless such motor vehicles are manufactured in the
United States. Provided, That where special circumstances exist
the President is authorized to waive the provisions of this
section in order to carry out the purposes of this Act.
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\1191\ Sec. 302(o) of the FA Act of 1967 (Public Law 90-137) added
subsec. (i).
---------------------------------------------------------------------------
Sec. 637.\1192\ Administrative Expenses.--(a) \1193\ * * *
[Repealed--1978]
---------------------------------------------------------------------------
\1192\ 22 U.S.C. 2397.
\1193\ Sec. 604 of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961) repealed
subsec. (a).
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(b) There is hereby authorized to be appropriated \1194\
such amounts as may be necessary from time to time for
administrative expenses which are incurred for functions of the
Department of State under this Act and unrepealed provisions of
the Mutual Security Act of 1954, as amended, or for normal
functions of the Department of State which relate to such
functions.\1195\
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\1194\ Sec. 302(h)(2) of the FA Act of 1962 (Public Law 87-565)
struck out ``to the Secretary of State'' at this point.
\1195\ The FA Appropriation Act, 1975, appropriated $4,800,000, as
authorized by this section.
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Sec. 638.\1196\ Exclusions.\1197\--(a) No provision of this
Act shall be construed to prohibit assistance to any country
pursuant to the Peace Corps Act, as amended; the Mutual
Educational and Cultural Exchange Act of 1961, as amended; or
the Export-Import Bank Act of 1945, as amended.\1198\
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\1196\ 22 U.S.C. 2398. Sec. 302(h) of the FA Act of 1963 (Public
Law 88-205) added sec. 638.
\1197\ Sec. 19 of the FA Act of 1973 (Public Law 93-189) struck out
``Peace Corps Assistance'' and inserted in lieu thereof ``Exclusions''.
\1198\ 12 U.S.C. 635. Sec. 202(j) of the FA Act of 1965 (Public Law
89-171) struck out ``: or famine or disaster relief, including such
relief through voluntary agencies, under title II of the Agricultural
Trade Development and Assistance Act of 1954, as amended'' at this
point.
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(b) \1199\ No provision of this Act or any other provision
of law shall be construed to prohibit assistance for any
training activity which is funded under this Act for Brazil or
Argentina as long as such country continues to have a
democratically elected government and the assistance is
otherwise consistent with sections 116, 502B, 620(f), 620A, and
660 of this Act.
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\1199\ Sec. 588 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1988 (Continuing Appropriations
for 1988; Public Law 100-202; 101 Stat. 1329) added subsec. (b). Sec.
588 also provided that subsec. (b) not apply with respect to funds
appropriated prior to the enactment of Public Law 100-202.
---------------------------------------------------------------------------
Sec. 639.\1200\ Famine or Disaster Relief. * * *
[Repealed--1975]
---------------------------------------------------------------------------
\1200\ Sec. 101(6) of Public Law 94-161 (89 Stat. 849) repealed
sec. 639.
---------------------------------------------------------------------------
Sec. 639A.\1201\ Disaster Relief Assistance. * * *
[Redesignated--1975]
---------------------------------------------------------------------------
\1201\ Sec. 639A, as added by the FA Act of 1973, was redesignated
as sec. 494A of this Act by sec. 101(5) of Public Law 94-161 (89 Stat.
849). It was subsequently repealed in 1978.
---------------------------------------------------------------------------
Sec. 639B.\1202\ African Development Program. * * *
[Redesignated--1975]
---------------------------------------------------------------------------
\1202\ Sec. 639B, added by sec. 20 of the FA Act of 1973 (Public
Law 93-189), was redesignated as sec. 494B by sec. 101(5) of Public Law
94-161 (89 Stat. 849). Subsequently, it is redesignated as sec. 120 of
this Act.
---------------------------------------------------------------------------
Sec. 640.\1203\ Military Sales. * * * [Repealed--1968]
---------------------------------------------------------------------------
\1203\ Sec. 45(a) of the Foreign Military Sales Act (Public Law 90-
629) repealed sec. 640.
---------------------------------------------------------------------------
Sec. 640A.\1204\ False Claims and Ineligible Commodities.--
(a) Any person who makes or causes to be made or presents or
causes to be presented to any bank or other financial
institution or to any officer, agent, or employee of any agency
of the United States Government a claim for payment from funds
made available under this Act for the purposes of furnishing
assistance and who knows the claim to be false, fraudulent, or
fictitious or to cover a commodity or commodity-related service
determined by the President to be ineligible for payment from
funds made available under this Act, or who uses to support his
claim any certification, statement, or entry on any contract,
bill of lading, Government or commercial invoice, or Government
form, which he knows, or in the exercise of prudent business
management should know, to contain false, fraudulent, or
fictitious information, or who uses or engages in any other
fraudulent trick, scheme, or device for the purpose of securing
or obtaining, or aiding to secure or obtain, for any person any
benefit or payment from funds so made available under this Act
in connection with the negotiation, procurement, award, or
performance of a contract financed with funds so made available
under this Act, and any person who enters into an agreement,
combination or conspiracy to do so, (1) shall pay to the United
States an amount equal to 25 per centum of any amount thereby
sought to be wrongfully secured or obtained but not actually
received, and (2) shall forfeit and refund any payment,
compensation, loan, commission, or advance received as a result
thereof, and (3) shall, in addition, pay to the United States
for each such act (A) the sum of $2,000 and double the amount
of any damage which the United States may have sustained by
reason thereof, or (B) an amount equal to 50 per centum of any
such payment, compensation, loan, commission, or advance so
received, whichever is the greater, together with the costs of
suit.
---------------------------------------------------------------------------
\1204\ 22 U.S.C. 2399. Sec. 302(f) of the FA Act of 1968 (Public
Law 90-554) added sec. 640A.
---------------------------------------------------------------------------
(b) In order to secure recovery under this section, the
President may, as he deems appropriate, (1) institute suit in
the United States district court for any judicial district in
which the person alleged to have performed or participated in
an act described by this section may reside or may be found,
and (2) upon posting by registered mail to such person a notice
of claim describing the basis therefor and identifying the
funds to be withheld, withhold from funds owed by any agency of
the United States Government to such person an amount equal to
the refund, damages, liquidated damages, and exemplary damages
claimed by the United States under this section. Any such
withholding of funds from any person shall constitute a final
determination of the rights and liabilities of such person
under this section with respect to the amount so withheld,
unless within one year of receiving the notice of claim such
person brings suit for recovery, which is hereby authorized,
against the United States in any United States district court.
(c) For purposes of this section, the term ``person''
includes any individual, corporation, partnership, association,
or other legal entity.
Sec. 640B.\1205\ Coordination.--(a) The President shall
establish a system for coordination of United States policies
and programs which affect United States interests in the
development of low-income countries. To that end, the President
shall establish a Development Coordination Committee which
shall advise him with respect to coordination of United States
policies and programs affecting the development of the
developing countries, including programs of bilateral and
multilateral development assistance. The Committee shall
include the head of the agency primarily responsible for
administering part I, Chairman, and representatives of the
Departments of State, Treasury, Commerce, Agriculture, Energy,
and Labor, the Executive Office of the President and other
executive departments and agencies, as the President shall
designate.\1206\ The Committee shall advise the President
concerning the degree to which bilateral and multilateral
development assistance should focus on critical problems in
those functional sectors which affect the lives of the majority
of people in the developing countries: food production; rural
development and nutrition; population planning and health; and
education, public administration, and human resource
development.\1207\
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\1205\ 22 U.S.C. 2399. Sec. 21 of the FA Act of 1973 (Public Law
93-189) added sec. 640B. Sec. 1523 of the Foreign Affairs Agencies
Consolidation Act of 1998 (subdivision A of division G of Public Law
105-277; 112 Stat. 2681-794; 22 U.S.C. 6593) provided the following:
---------------------------------------------------------------------------
``sec. 1523. assistance programs coordination and oversight.
---------------------------------------------------------------------------
``(a) Authority of the Secretary of State.--
---------------------------------------------------------------------------
``(1) In general.--Under the direction of the President, the Secretary of
State shall coordinate all United States assistance in accordance with this
section, except as provided in paragraphs (2) and (3).
``(2) Export promotion activities.--Coordination of activities relating
to promotion of exports of United States goods and services shall continue
to be primarily the responsibility of the Secretary of Commerce.
``(3) International economic activities.--Coordination of activities
relating to United States participation in international financial
institutions and relating to organization of multilateral efforts aimed at
currency stabilization, currency convertibility, debt reduction, and
comprehensive economic reform programs shall continue to be primarily the
responsibility of the Secretary of the Treasury.
``(4) Authorities and powers of the secretary of state.--The powers and
authorities of the Secretary provided in this chapter are in addition to
the powers and authorities provided to the Secretary under any other Act,
including section 101(b) and section 622(c) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151(b), 2382(c)).
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``(b) Coordination Activities.--Coordination activities of the
Secretary of State under subsection (a) shall include--
---------------------------------------------------------------------------
``(1) approving an overall assistance and economic cooperation strategy;
``(2) ensuring program and policy coordination among agencies of the
United States Government in carrying out the policies set forth in the
Foreign Assistance Act of 1961, the Arms Export Control Act, and other
relevant assistance Acts;
``(3) pursuing coordination with other countries and international
organizations; and
``(4) resolving policy, program, and funding disputes among United States
Government agencies.
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``(c) Statutory Construction.--Nothing in this section may be
construed to lessen the accountability of any Federal agency
administering any program, project, or activity of United States
assistance for any funds made available to the Federal agency for that
purpose.
``(d) Authority To Provide Personnel of the Agency for
International Development.--The Administrator of the Agency for
International Development is authorized to detail to the Department of
State on a nonreimbursable basis such personnel employed by the Agency
as the Secretary of State may require to carry out this section.''.
\1206\ Sec. 118 of the International Development Cooperation Act of
1979 (Public Law 96-53; 93 Stat. 365) added Representatives from the
Department of Energy to this list of Committee members. The function of
the head of the agency primarily responsible for administering part I,
as mentioned in this sentence, was transferred to the Director of IDCA,
pursuant to sec. 6 of Reorganization Plan No. 2 of 1979 (establishing
IDCA). The Reorganization Plan No. 2 of 1979 ceased to be effective
with enactment of the Foreign Affairs Reform and Restructuring Act of
1998, pursuant to sec. 1422(a)(1) (division G of Public Law 105-277;
112 Stat. 2681).
\1207\ Sec. 127(a) of the International Development and Food
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 542) added this
sentence.
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(b) The President shall prescribe appropriate procedures to
assure coordination among--
(1) the various departments and agencies of the
United States Government having representatives in
diplomatic missions abroad; and
(2) representatives of the United States Government
in each country, under the direction of the Chief of
the United States Diplomatic Mission.
The President shall keep the Congress advised of his actions
under this subsection.
(c) Programs authorized by this Act shall be undertaken
with the foreign policy guidance of the Secretary of State.
(d) \1208\ * * * [Repealed--1978]
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\1208\ Sec. 502(d)(1) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959) repealed
subsec. (d), which had required an annual report from the President
regarding U.S. actions affecting the development of less developed
countries. A similar report is now required under sec. 634.
---------------------------------------------------------------------------
(e) \1209\ The head of any of the departments or agencies
referred to in subsection (a) may temporarily assign, upon the
request of the Chairman, any employee from such department or
agency to the staff of the Committee.
---------------------------------------------------------------------------
\1209\ Sec. 127(c) of the International Development and Food
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 543) added subsecs.
(e) and (f) .
---------------------------------------------------------------------------
(f) \1209\ To carry out the purposes of subsection (a), the
Committee shall--
(1) prepare studies on various development problems;
(2) devise implementation strategies on developmental
problems appropriate to each such department or agency;
(3) monitor and evaluate the results of the
development activities of each such department or
agency; and
(4) arrange for the exchange of information and
studies between such agencies and departments.
(g) \1210\ * * * [Repealed--1981]
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\1210\ Subsec. (g), added by sec. 127(c) of Public Law 95-88 (91
Stat. 543) and amended by sec. 502(d)(2) of Public Law 95-424 (92 Stat.
959), was repealed by sec. 734(a)(1) of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
Formerly, subsec. (g) required an annual report to Congress on the
Committee's operations. Such information is now required under sec.
634(a)(9).
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Sec. 640C.\1211\ Shipping Differential.--For the purposes
of facilitating implementation of section 901(b) of the
Merchant Marine Act, 1936 (46 U.S.C. 1241(b)), funds made
available for the purposes of chapter 1 of part I or for
purposes of chapter 4 of part II \1212\ may be used to make
grants to recipients to pay all or any portion of such
differential as is determined by the Secretary of Commerce to
exist between United States and foreign-flag vessel charter or
freight rates. Grants made under this section shall be paid
with United States-owned foreign currencies wherever feasible.
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\1211\ 22 U.S.C. 2399d. Added by sec. 21 of the FA Act of 1973
(Public Law 93-189).
\1212\ The reference to chapter 4 of part II was inserted in lieu
of a reference to part V by sec. 708 of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3159).
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Chapter 3--Miscellaneous Provisions
Sec. 641.\1213\ Effective Date and Identification of
Programs.--This Act shall take effect on the date of its
enactment. Programs under this Act shall be identified
appropriately overseas as ``American Aid''.
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\1213\ 22 U.S.C. 2401.
---------------------------------------------------------------------------
Sec. 642. Statutes Repealed.--(a) There are hereby
repealed--
(1) Reorganization Plan Numbered 7 of 1953;
(2) the Mutual Security Act of 1954, as amended
(except sections \1214\ 402, 408, 417, 502(a), 502(b),
514, 523(d) and 536; \1215\, \1216\
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\1214\ Sec. 303(a) of the FA Act of 1965 (Public Law 89-171) struck
out reference to sec. 143 of the Mutual Security Act of 1954, as
amended.
\1215\ For retained provisions of the Mutual Security Act of 1954,
see Legislation on Foreign Relations Through 2008, vol. I-B. Subsecs.
(a), (c), and (d) of sec. 405 of the Mutual Security Act of 1954, as
amended, and subsec. (c) of sec. 451, which were retained by the
Foreign Assistance Act of 1961, were repealed by sec. 6 of the
Migration and Refugee Assistance Act of 1962 (Public Law 87-510). Sec.
414 of the Mutual Security Act of 1954, as amended, was repealed by
sec. 212(b) of the International Security Assistance and Arms Export
Control Act of 1976 (Public Law 94-329).
\1216\ Sec. 303(a) of the FA Act of 1965 (Public Law 89-171) struck
out ``: Provided, That until the enactment of legislation authorizing
and appropriating funds for activities heretofore carried on pursuant
to sections 405(a), 405(c), 405(d), and 451(c) of the Mutual Security
Act of 1954, as amended, such activities may be continued with funds
made available under section 451(a) of this Act'' at this point.
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(3) section 12 of the Mutual Security Act of 1955;
(4) sections 12, 13, and 14 of the Mutual Security
Act of 1956;
(5) section 503 of the Mutual Security Act of 1958;
(6) section 108 of the Mutual Security Appropriation
Act, 1959;
(7) section 501(a), chapter VI, and sections 702 and
703 of the Mutual Security Act of 1959, as amended; and
(8) section 604 and chapter VIII of the Mutual
Security Act of 1960.
(b) References in law to the Acts, or provisions of such
Acts, repealed by subsection (a) of this section shall
hereafter be deemed to be references to this Act or appropriate
provisions of this Act.
(c) The repeal of the Acts listed in subsection (a) of this
section shall not be deemed to affect amendments contained in
such Acts to Acts not named in that subsection.
Sec. 643.\1217\ Saving Provisions.--(a) Except as may be
expressly provided to the contrary in this Act, all
determinations, authorizations, regulations, orders, contracts,
agreements, and other actions issued, undertaken, or entered
into under authority of any provision of law repealed by
section 642(a) and the Foreign Assistance Act of 1969 \1218\
shall continue in full force and effect until modified by
appropriate authority.
---------------------------------------------------------------------------
\1217\ 22 U.S.C. 2402.
\1218\ Sec. 308 of the FA Act of 1969 (Public Law 91-175) inserted
``and the Foreign Assistance Act of 1969''.
---------------------------------------------------------------------------
(b) Wherever provisions of this Act establish conditions
which must be complied with before use may be made of authority
contained in, or funds authorized by, this Act, compliance
with, or satisfaction of, substantially similar conditions
under Acts listed in section 642(a) and the Foreign Assistance
Act of 1969 or Acts repealed by those Acts shall be deemed to
constitute compliance with the conditions established by this
Act.
(c) Funds made available pursuant to provisions of law
repealed by section 642(a)(2) and the Foreign Assistance Act of
1969 shall, unless otherwise authorized or provided by law,
remain available for their original purposes in accordance with
the provisions of law originally applicable thereto, or in
accordance with the provisions of law currently applicable to
those purposes.
(d) \1219\ * * * [Repealed--1962]
---------------------------------------------------------------------------
\1219\ Sec. 303(a) of the FA Act of 1962 (Public Law 87-565)
repealed subsec. (d).
---------------------------------------------------------------------------
Sec. 644.\1220\ Definitions.--As used in this Act--
---------------------------------------------------------------------------
\1220\ 22 U.S.C. 2403.
---------------------------------------------------------------------------
(a) ``Agency of the United States Government'' includes any
agency, department, board, wholly or partly owned corporation,
instrumentality, commission, or establishment of the United
States Government.
(b) ``Armed Forces'' of the United States means the Army,
Navy, Air Force, Marine Corps, and Coast Guard.
(c) ``Commodity'' includes any material, article, supply,
goods, or equipment used for the purposes of furnishing
nonmilitary assistance.
(d) ``Defense article'' includes--
(1) any weapon, weapons system, munition, aircraft,
vessel, boat, or other implement of war;
(2) any property, installation, commodity, material,
equipment, supply, or goods used for the purposes of
furnishing military assistance;
(3) any machinery, facility, tool, material, supply,
or other item necessary for the manufacture,
production, processing, repair, servicing storage,
construction, transportation, operation, or use of any
article listed in this subsection; or
(4) any component or part of any article listed in
this subsection; but
shall not include merchant vessels or, as defined by the Atomic
Energy Act of 1954, as amended (42 U.S.C. 2011), source
material (except uranium depleted in the isotope 235 which is
incorporated in defense articles solely to take advantage of
high density or pyrophoric characteristics unrelated to
radioactivity),\1221\ byproduct material, special nuclear
material, production facilities,\1222\ utilization facilities,
or atomic weapons or articles involving Restricted Data.\1222\
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\1221\ Sec. 22 of the International Security Assistance Act of 1979
(Public Law 96-92; 93 Stat. 710) added the parenthetical phrase.
\1222\ Sec. 303(a)(1) of the FA Act of 1967 (Public Law 90-137)
inserted ``production facilities, utilization facilities,'' and ``or
articles involving Restricted Data.''.
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(e) ``Defense information'' includes any document, writing,
sketch, photograph, plan, model, specification, design,
prototype, or other recorded or oral information relating to
any defense article or defense service, but shall not include
Restricted Data as defined by the Atomic Energy Act of 1954, as
amended, and data removed from the Restricted Data category
under section 142d of that Act.\1223\
---------------------------------------------------------------------------
\1223\ Sec. 303(a)(2) of the FA Act of 1967 (Public Law 90-137)
struck out ``and formerly Restricted Data'', which appeared after
``Restricted Data,'' and added ``, and data removed from the Restricted
Data category under section 142d of that Act''.
---------------------------------------------------------------------------
(f) \1224\ ``Defense service'' includes any service, test,
inspection, repair, publication, or technical or other
assistance or defense information used for the purposes of
furnishing military assistance, but does not include military
educational and training activities under chapter 5 of part II.
---------------------------------------------------------------------------
\1224\ Sec. 106(b) of the International Security Assistance and
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733)
amended and restated subsec. (f). It formerly read as follows:
`` `Defense service' includes any service, test, inspection,
repair, training, publication, or technical or other assistance, or
defense information used for the purposes of furnishing military
assistance. `Training' includes formal or informal instruction of
foreign students in the United States or overseas by officers or
employees of the United States, contract technicians, contractors
(including instruction at civilian institutions), or by correspondence
courses, technical, educational, or information publications and media
of all kinds, training aid, orientation, training exercise, and
military advice to foreign military units and forces.''.
---------------------------------------------------------------------------
(g) \1225\ ``Excess defense articles'' means the quantity
of defense articles (other than construction equipment,
including tractors, scrapers, loaders, graders, bulldozers,
dump trucks, generators, and compressors) \1226\ owned by the
United States Government, and not procured in anticipation of
military assistance or sales requirements, or pursuant to a
military assistance or sales order, which is in excess of the
Approved Force Acquisition Objective and Approved Force
Retention Stock of all Department of Defense Components at the
time such articles are dropped from inventory by the supplying
agency for delivery to countries or international organizations
under this Act.
---------------------------------------------------------------------------
\1225\ Sec. 22(1) of the FA Act of 1973 (Public Law 93-189) amended
and restated subsec. (g), which formerly read as follows:
``(g) `Excess defense articles' means the quantity of defense
articles owned by the United States Government, and not procured in
anticipation of military assistance or sales requirements, or pursuant
to a military assistance or sales order, which is in excess of the
mobilization reserve at the time such articles are dropped from
inventory by the supplying agency for delivery to countries or
international organizations under this Act.''.
\1226\ Sec. 9(b) of the International Narcotics Control Act of 1992
(Public Law 102-583; 106 Stat. 4934) inserted ``(other than
construction equipment, including tractors, scrapers, loaders, graders,
bulldozers, dump trucks, generators, and compressors)'' after
``articles''.
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(h) ``Function'' includes any duty, obligation, power,
authority, responsibility, right, privilege, discretion, or
activity.
(i) \1227\ * * * [Repealed--1973]
---------------------------------------------------------------------------
\1227\ Sec. 22(2) of the FA Act of 1973 (Public Law 93-189)
repealed subsec. (i), which related to mobilization reserve.
---------------------------------------------------------------------------
(j) ``Officer or employee'' means civilian personnel and
members of the Armed Forces of the United States Government.
(k) ``Services'' include any service, repair, training of
personnel, or technical or other assistance or information used
for the purposes of furnishing nonmilitary assistance.
(l) ``Surplus agricultural commodity'' means any
agricultural commodity or product thereof, class, kind, type,
or other specification thereof, produced in the United States
either publicly or privately owned, which is in excess of
domestic requirements, adequate carryover, and anticipated
exports for United States dollars, as determined by the
Secretary of Agriculture.
(m) \1228\ ``Value'' means--
---------------------------------------------------------------------------
\1228\ Sec. 22(3) of the FA Act of 1973 (Public Law 93-189) amended
subsec. (m), which formerly read as follows:
``(m) `Value' means, other than in section 657 of this Act--
---------------------------------------------------------------------------
``(1) with respect to excess defense articles, the gross cost incurred by
the United States Government in repairing, rehabilitating, or modifying
such articles;
``(2) with respect to nonexcess defense articles delivered from inventory
to countries or international organizations under this Act, the standard
price in effect at the time such articles are dropped from inventory by the
supplying agency. Such standard price shall be the same price (including
authorized reduced prices) used for transfers or sales of such articles in
or between the Armed Forces of the United States Government, or, where such
articles are not transferred or sold in or between the Armed Forces of the
United States, the gross cost to the United States Government adjusted as
appropriate for condition and market value; and
``(3) with respect to nonexcess defense articles delivered from new
procurement to countries or international organizations under this Act, the
contract or production costs of such articles.
---------------------------------------------------------------------------
``Military assistance programs and orders shall be based upon the
best estimates of stock status and prevailing prices: reimbursements to
the supplying agency shall be made on the basis of the stock status and
prices determined pursuant to this section. Notwithstanding the
foregoing provisions of this section, the Secretary of Defense may
prescribe regulations authorizing reimbursements to the supplying
agency based on negotiated prices for aircraft, vessels, plant
equipment and such other major items as he may specify: Provided, That
such articles are not excess at the time such prices are negotiated:
Provided further, That such prices are negotiated at the time firm
orders are placed with the supplying agency.''.
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(1) with respect to an excess defense article, the
actual value of the article plus the gross cost
incurred by the United States Government in repairing,
rehabilitating, or modifying the article, except that
for purposes of section 632(d) such actual value shall
not be taken into account;
(2) with respect to a nonexcess defense article
delivered from inventory to foreign countries or
international organizations under this Act, the
acquisition cost to the United States Government,
adjusted as appropriate for condition and market value;
(3) with respect to a nonexcess defense article
delivered from new procurement to foreign countries or
international organizations under this Act, the
contract or production costs of such article;
(4) with respect to a defense service, the cost to
the United States Government of such service; and
(5) \1229\ with respect to military education and
training or services provided under chapter 8 of part
II of this Act, the additional costs that are incurred
by the United States Government in furnishing such
assistance.
---------------------------------------------------------------------------
\1229\ Sec. 115(b)(1) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3140) added para.
(5). The International Security and Development Assistance
Authorizations Act of 1983 (sec. 101(b)(2) of the Further Continuing
Appropriations, 1984; Public Law 98-151; 97 Stat. 972) added the
reference to chapter 8 of part II. Pursuant to Public Law 98-151, this
amendment was enacted as contained in title II of H.R. 2992, as
reported by the House Committee on Foreign Affairs on May 17, 1983.
---------------------------------------------------------------------------
(n) \1230\ ``Military education and training'' includes
formal or informal instruction of foreign students in the
United States or overseas by officers or employees of the
United States, contract technicians, contractors (including
instruction at civilian institutions), or by correspondence
courses, technical, educational, or information publications
and media of all kinds, training aids, orientation, and
military advice to foreign military units and forces.
---------------------------------------------------------------------------
\1230\ Sec. 106(b) of the International Security Assistance and
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733) added
subsec. (n).
---------------------------------------------------------------------------
(o) \1231\ ``Agriculture'' includes aquaculture and
fisheries.
---------------------------------------------------------------------------
\1231\ Sec. 103(b) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 945) added subsecs.
(o) and (p).
---------------------------------------------------------------------------
(p) \1231\ ``Farmers'' includes fishermen and other persons
employed in cultivating and harvesting food resources from salt
and fresh waters.
(q) \1232\ ``Major non-NATO ally'' means a country which is
designated in accordance with section 517 as a major non-NATO
ally for purposes of this Act and the Arms Export Control Act
(22 U.S.C. 2751 et seq.).
---------------------------------------------------------------------------
\1232\ Sec. 147(a)(2) of Public Law 104-164 (110 Stat. 1435) added
subsec. (q).
Effective August 29, 2005, the Department of State added two new
sections to the International Traffic in Arms Regulations (22 CFR Part
120) to define ``North Atlantic Treaty Organization'' as ``Belgium,
Bulgaria, Canada, Czech Republic, Denmark, Estonia, France, Germany,
Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, The
Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia,
Spain, Turkey, United Kingdom and the United States'' (22 CFR Part
120.31) and to define ``Major non-NATO ally'' as ``a country that is
designated in accordance with section 517 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321k) as a major non-NATO ally for purposes of the
Foreign Assistance Act of 1961 and the Arms Export Control Act (22
U.S.C. 2751 et seq.) (22 U.S.C. 2403(q)). The following countries have
been designated as major non-NATO allies: Argentina, Australia,
Bahrain, Egypt, Israel, Japan, Jordan, Kuwait, Morocco, New Zealand,
Pakistan, the Philippines, Thailand, and Republic of Korea. Taiwan
shall be treated as though it were designated a major non-NATO ally (as
defined in section 644(q) of the Foreign Assistance Act of 1961 (22
U.S.C. 2403(q)).'' (Department of State Public Notice 5176; 70 F.R.
50958).
---------------------------------------------------------------------------
Sec. 645.\1233\ Unexpended Balances.--Unexpended balances
of funds made available pursuant to this Act, the Mutual
Security Act of 1954, as amended, or the Latin American
Development Act, as amended \1234\ are hereby authorized to be
continued available for the general purposes for which
appropriated, and may at any time be consolidated, and, in
addition, may be consolidated with appropriations made
available for the same general purposes under the authority of
this Act.
---------------------------------------------------------------------------
\1233\ 22 U.S.C. 2404. Sec. 304 of the FA Act of 1963 (Public Law
88-205) amended sec. 645, which formerly read as follows: ``Unexpended
balances of funds made available pursuant to this Act or the Mutual
Security Act of 1954, as amended, are hereby authorized to be continued
available for the general purposes for which appropriated, and may at
any time be consolidated, and, in addition, may be consolidated with
appropriations made available for the same general purposes under the
authority of this Act.''.
\1234\ Sec. 303(c) of the FA Act of 1965 (Public Law 89-171) struck
out ``Public Law 86-735'' and inserted in lieu thereof ``the Latin
American Development Act, as amended''.
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Sec. 646.\1235\ Construction.--If any provision of this
Act, or the application of any provision to any circumstances
or persons shall be held invalid, the validity of the remainder
of this Act, and of the applicability of such provision to
other circumstances or persons shall not be affected thereby.
---------------------------------------------------------------------------
\1235\ 22 U.S.C. 2405.
---------------------------------------------------------------------------
Sec. 647.\1236\ Dependable Fuel Supply.--It is of paramount
importance that long-range economic plans take cognizance of
the need for a dependable supply of fuels, which is necessary
to orderly and stable development and growth, and that
dependence not be placed upon sources which are inherently
hostile to free countries and the ultimate well-being of
economically underdeveloped countries and which might exploit
such dependence for ultimate political domination. The agencies
of government in the United States are directed to work with
other countries in developing plans for basing development
programs on the use of the large and stable supply of
relatively low cost fuels available in the free world.
---------------------------------------------------------------------------
\1236\ 22 U.S.C. 2406.
---------------------------------------------------------------------------
Sec. 648.\1237\ Special Authorization for Use of Foreign
Currencies.--Subject to the provisions of section 1415 of the
Supplemental Appropriation Act, 1953,\1238\ the President is
authorized, as a demonstration of good will on the part of the
people of the United States for the Polish and Italian people,
to use foreign currencies accruing to the United States
Government under this or any other Act, for assistance on such
terms and conditions as he may specify, in the repair,
rehabilitation, improvement, and maintenance of cemeteries in
Italy serving as the burial place of members of the armed
forces of Poland who died in combat in Italy during World War
II.
---------------------------------------------------------------------------
\1237\ 22 U.S.C. 2407. Added by sec. 303 of the FA Act of 1964
(Public Law 88-633).
\1238\ See 31 U.S.C. 1306.
---------------------------------------------------------------------------
Sec. 649.\1239\ Limitation on Aggregate Authorization for
Use in Fiscal Year 1966. * * * [Repealed--1978]
---------------------------------------------------------------------------
\1239\ Sec. 649, added by the FA Act of 1965 (Public law 89-171),
was repealed by sec. 604 of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
---------------------------------------------------------------------------
Sec. 650.\1240\ Use of United States Armed Forces.--The
furnishing of economic, military, or other assistance under
this Act shall not be construed as creating a new commitment or
as affecting any existing commitment to use Armed Forces of the
United States for the defense of any foreign country.
---------------------------------------------------------------------------
\1240\ 22 U.S.C. 2409. Added by sec. 302(b) of the FA Act of 1967
(Public Law 90-137).
---------------------------------------------------------------------------
Sec. 651.\1241\ Sale of Supersonic Planes to Israel. * * *
[Repealed--1978]
---------------------------------------------------------------------------
\1241\ Sec. 651, added by the FA Act of 1968 (Public Law 90-554),
was repealed by sec. 604 of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
---------------------------------------------------------------------------
Sec. 652.\1242\ Limitation Upon Exercise of Special
Authorities.--The President shall not exercise any special
authority granted to him under section 506(a), 552(c)(2),\1243\
or 610(a) \1244\ of this Act unless the President, before
\1245\ he intends to exercise any such authority, notifies the
Speaker of the House of Representatives and the Committee on
Foreign Relations of the Senate in writing of each such
intended exercise, the section of this Act under which such
authority is to be exercised, and the justification for, and
the extent of, the exercise of such authority.
---------------------------------------------------------------------------
\1242\ 22 U.S.C. 2411. Added by sec. 8 of the Special Foreign
Assistance Act of 1971 (Public Law 91-652); amended by sec. 304(a)(1)
of the FA Act of 1971 (Public Law 92-226). Sec. 652 formerly read as
follows:
``Sec. 652. Limitation Upon Additional Assistance to Cambodia.--The
President shall not exercise any special authority granted to him under
sections 506(a) and 614(a) of this Act for the purpose of providing
additional assistance to Cambodia, unless the President, at least
thirty days prior to the date he intends to exercise any such authority
on behalf of Cambodia (or ten days prior to such date if the President
certifies in writing that an emergency exists requiring immediate
assistance to Cambodia), notifies the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate in
writing of each such intended exercise, the section of this Act under
which such authority is to be exercised, and the justification for, and
the extent of, the exercise of such authority.''.
\1243\ Sec. 105(b)(2) of Public Law 99-83 (99 Stat. 196) inserted
``552(c)(2)''.
\1244\ Sec. 117(b) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3141) struck out
``or 614(a)'' at this point.
\1245\ Sec. 103(c) of Public Law 104-164 (110 Stat. 1424) struck
out ``prior to the date'' and inserted in lieu thereof ``before''.
---------------------------------------------------------------------------
Sec. 653.\1246\ Change in Allocation of Foreign
Assistance.--(a) \1247\ Not later than thirty days after the
enactment of any law appropriating funds to carry out any
provision of this Act (other than section 451 or 637) or the
Arms Export Control Act,\1248\ the President shall notify the
Congress of each foreign country and international organization
to which the United States Government intends to provide any
portion of the funds under such law and of the amount of funds
under that law, by category of assistance, that the United
States Government intends to provide to each.\1249\
---------------------------------------------------------------------------
\1246\ 22 U.S.C. 2413. Added by sec. 304(b) of the FA Act of 1971
(Public Law 92-226).
\1247\ The Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H of Public Law 111-8; 123
Stat. 870), provides the following:
---------------------------------------------------------------------------
``definition of program, project, and activity
---------------------------------------------------------------------------
``Sec. 7024. For the purpose of titles II through VI of this Act
`program, project, and activity' shall be defined at the appropriations
Act account level and shall include all appropriations and
authorizations Acts funding directives, ceilings, and limitations with
the exception that for the following accounts: `Economic Support Fund'
and `Foreign Military Financing Program', `program, project, and
activity' shall also be considered to include country, regional, and
central program level funding within each such account; for the
development assistance accounts of the United States Agency for
International Development `program, project, and activity' shall also
be considered to include central, country, regional, and program level
funding, either as: (1) justified to the Congress; or (2) allocated by
the executive branch in accordance with a report, to be provided to the
Committees on Appropriations within 30 days of the enactment of this
Act, as required by section 653(a) of the Foreign Assistance Act of
1961.''.
\1248\ Sec. 1209(b)(1) of the International Security and
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279)
added ``or the Arms Export Control Act''.
\1249\ Sec. 21(1) of the FA Act of 1974 (Public Law 93-559) struck
out ``Notwithstanding any other provision of law the United States
Government shall not provide to any foreign country or international
organization any funds under that law which exceeds by 10 per centum
the amount of military grant assistance or security supporting
assistance, as the case may be, which the President notified the
Congress that the United States Government intended to provide that
country or organization under that law, unless the President (1)
determines that it is in the security interests of the United States
that such country or organization receive funds in excess of the amount
included in such notification for that country or organization, and (2)
reports to Congress at least ten days prior to the date on which such
excess funds are to be provided to that country or organization, each
such determination, including the name of the country or organization
to receive funds in excess of such per centum, the amount of funds in
excess of that per centum which are to be provided, and the
justification for providing the additional assistance.''.
---------------------------------------------------------------------------
(b) \1250\ The provisions of this section shall not apply
in the case of any law making continuing appropriations and may
not be waived under the provisions of section 614(a) of this
Act.
---------------------------------------------------------------------------
\1250\ Sec. 1209(b)(3) of the International Security and
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279)
redesignated this former subsec. (c) as subsec. (b), and struck out the
former subsec. (b), which read as follows:
``(b) Notwithstanding any other provision of law, no military grant
assistance, assistance under chapter 4 of part II of this Act,
assistance under chapter 1 of part I of this Act, or assistance under
chapter 6 of part II of this Act, may be furnished to any country or
international organization in any fiscal year, if such assistance
exceeds by 10 percent or more the amount of such military grant
assistance, under chapter 4 of part II of this Act, assistance under
chapter 1 of part I of this Act, or assistance under chapter 6 of part
II of this Act, as the case may be, set forth in the report required by
subsection (a) of this section, unless--
---------------------------------------------------------------------------
``(1) the President reports to the Congress, at least ten days prior to
the date on which such excess funds are provided, the country or
organization to be provided the excess funds, the amount and category of
the excess funds, and the justification for providing the excess funds; and
``(2) in the case of military grant assistance or assistance under
chapter 4 of part II of this Act or assistance under chapter 6 of part II,
the President includes in the report under paragraph (1) his determination
that it is in the security interest of the United States to provide the
excess funds.
This subsection shall not apply if the excess funds provided in any fiscal
year to any country or international organization for any category of
assistance are less than $1,000,000.''.
Sec. 654.\1251\ Presidential Findings and Determinations.--
(a) In any case in which the President is required to make a
report to the Congress, or to any committee or officer of
either House of Congress, concerning any finding or
determination under any provision of this Act, the Foreign
Military Sales Act, or the Foreign Assistance and Related
Programs Appropriation Act for each fiscal year, that finding
or determination shall be reduced to writing and signed by the
President.
---------------------------------------------------------------------------
\1251\ 22 U.S.C. 2414. Sec. 304(b) of the FA Act of 1971 (Public
Law 92-226) added sec. 654.
---------------------------------------------------------------------------
(b) No action shall be taken pursuant to any such finding
or determination prior to the date on which that finding or
determination has been reduced to writing and signed by the
President.
(c) Each such finding or determination shall be published
in the Federal Register as soon as practicable after it has
been reduced to writing and signed by the President. In any
case in which the President concludes that such publication
would be harmful to the national security of the United States,
only a statement that a determination or finding has been made
by the President, including the name and section of the Act
under which it was made, shall be published.
(d) No committee or officer of either House of Congress
shall be denied any requested information relating to any
finding or determination which the President is required to
report to the Congress, or to any committee or officer of
either House of Congress, under any provision of this Act, the
Foreign Military Sales Act, or the Foreign Assistance and
Related Programs Appropriation Act for each fiscal year, even
though such report has not yet been transmitted to the
appropriate committee or officer of either House of Congress.
SEC. 655.\1252\ ANNUAL MILITARY ASSISTANCE REPORT.
(a) Report Required.--Not later than February 1 of each
year, the President shall transmit to the Congress an annual
report for the fiscal year ending the previous September 30.
---------------------------------------------------------------------------
\1252\ 22 U.S.C. 2415. Sec. 1324(c) of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
481) added a new sec. 655, requiring an annual report on military
assistance, military exports, and military imports for each of 1996 and
1997. Sec. 148 of Public Law 104-164 (110 Stat. 1435) amended and
restated sec. 655, requiring a report in each fiscal year.
An earlier sec. 655--Limitations Upon Assistance to or for
Cambodia--was added by the FA Act of 1971, and was repealed by sec. 604
of the International Development and Food Assistance Act of 1978
(Public Law 95-424; 92 Stat. 961).
---------------------------------------------------------------------------
(b) \1253\ Information Relating to Military Assistance and
Military Exports.--Each such report shall show the aggregate
dollar value and quantity of defense articles (including excess
defense articles), defense services, and international military
education and training activities authorized by the United
States and of such articles, services, and activities provided
by the United States, excluding any activity that is reportable
under title V of the National Security Act of 1947, to each
foreign country and international organization. The report
shall specify, by category, whether such defense articles--
---------------------------------------------------------------------------
\1253\ Sec. 1306(a) of the Arms Control, Nonproliferation, and
Security Assistance Act of 1999 (division B of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
Public Law 106-113; 113 Stat. 1536), amended and restated subsec. (b),
which formerly read as follows:
``(b) Information Relating to Military Assistance and Military
Exports.--Each such report shall show the aggregate dollar value and
quantity of defense articles (including excess defense articles),
defense services, and international military education and training
authorized by the United States, excluding that which is pursuant to
activities reportable under title V of the National Security Act of
1947, to each foreign country and international organization. The
report shall specify, by category, whether such defense articles--
---------------------------------------------------------------------------
``(1) were furnished by grant under chapter 2 or chapter 5 of part II of
this Act or under any other authority of law or by sale under chapter 2 of
the Arms Export Control Act; or
``(2) were licensed for export under section 38 of the Arms Export
Control Act.''.
(1) were furnished by grant under chapter 2 or
chapter 5 of part II of this Act or under any other
authority of law or by sale under chapter 2 of the Arms
Export Control Act;
(2) were furnished with the financial assistance of
the United States Government, including through loans
and guarantees; or
(3) were licensed for export under section 38 of the
Arms Export Control Act and, if so, a specification of
those defense articles that were exported during the
fiscal year covered by the report,\1254\ including, in
the case of defense articles that are firearms
controlled under category I of the United States
Munitions List, a statement of the aggregate dollar
value and quantity of semiautomatic assault weapons, or
spare parts for such weapons, the manufacture,
transfer, or possession of which is unlawful under
section 922 of title 18, United States Code, that were
licensed for export during the period covered by the
report.\1255\
---------------------------------------------------------------------------
\1254\ Sec. 702 of the Security Assistance Act of 2000 (Public Law
106-280; 114 Stat. 861) added ``and, if so, a specification of those
defense articles that were exported during the fiscal year covered by
the report''.
\1255\ Sec. 1205(c) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1433) added ``, including, in the
case of defense articles that are firearms controlled under category I
of the United States Munitions List, a statement of the aggregate
dollar value and quantity of semiautomatic assault weapons, or spare
parts for such weapons, the manufacture, transfer, or possession of
which is unlawful under section 922 of title 18, United States Code,
that were licensed for export during the period covered by the
report''.
---------------------------------------------------------------------------
(c) \1256\ Availability on Internet.--All unclassified
portions of such report shall be made available to the public
on the Internet through the Department of State.
---------------------------------------------------------------------------
\1256\ Sec. 1306(b) of the Arms Control, Nonproliferation, and
Security Assistance Act of 1999 (division B of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
Public Law 106-113; 113 Stat. 1536), added this subsec. as subsec. (d).
It was subsequently redesignated as subsec. (c) by sec. 1262(b) of the
Security Assistance Act of 2002 (division B of the Foreign Relations
Authorization Act, Fiscal Year 2003; Public Law 107-228; 116 Stat.
1434), which also struck former subsec. (c), which pertained to
information relating to military imports.
---------------------------------------------------------------------------
SEC. 656.\1257\ ANNUAL FOREIGN MILITARY TRAINING REPORT.
(a) \1258\ Annual Report.
---------------------------------------------------------------------------
\1257\ 22 U.S.C. 2416. Sec. 1307 of the Arms Control,
Nonproliferation, and Security Assistance Act of 1999 (division B of
the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536),
added sec. 656.
An earlier sec. 656--Limitations on United States Personnel and
Personnel Assisted by United States in Cambodia--was added by Public
Law 92-226 (86 Stat. 20), and was repealed by sec. 604 of the
International Development and Food Assistance Act of 1978 (Public Law
95-424; 92 Stat. 961).
Sec. 7087 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 913), provides the following:
---------------------------------------------------------------------------
``training and equipment reports
---------------------------------------------------------------------------
``Sec. 7087. (a) The annual foreign military training report
required by section 656 of the Foreign Assistance Act of 1961 shall be
submitted by the Secretary of Defense and the Secretary of State to the
Committees on Appropriations by the date specified in that section.
``(b) Not later than 90 days after enactment of this Act, the
Secretary of State, in consultation with other relevant United States
Government agencies, shall submit to the Committees on Appropriations a
report detailing the equipment to be purchased with funds appropriated
or otherwise made available under the headings `Andean Counterdrug
Programs', `International Narcotics Control and Law Enforcement', and
`Foreign Military Financing Program' in this Act: Provided, That such
report shall include a description of the anticipated costs associated
with the operation and maintenance of such equipment in subsequent
fiscal years: Provided further, That for the purposes of this
subsection, `equipment' shall be defined as any aircraft, vessel, boat
or vehicle.''.
\1258\ Sec. 1262(a)(1) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1434) struck out ``(a) Annual
Report.--Not'' and inserted in lieu thereof the subsec. (a) heading,
and para. designation and text ``(1) In general.--Not''.
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(1) In general.--Not \1258\ later than January 31 of
each year, the Secretary of Defense and the Secretary
of State shall jointly prepare and submit to the
appropriate congressional committees a report on all
military training provided to foreign military
personnel by the Department of Defense and the
Department of State during the previous fiscal year and
all such training proposed for the current fiscal year.
(2) \1259\ Exception for certain countries.--
Paragraph (1) does not apply to any NATO member,
Australia, Japan, or New Zealand, unless one of the
appropriate congressional committees has specifically
requested, in writing, inclusion of such country in the
report. Such request shall be made not later than 90
calendar days prior to the date on which the report is
required to be transmitted.
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\1259\ Sec. 1262(a)(2) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1434) added para. (2).
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(b) Contents.--The report described in subsection (a) shall
include the following:
(1) For each military training activity, the foreign
policy justification and purpose for the activity, the
number of foreign military personnel provided training
and their units of operation, and the location of the
training.
(2) For each country, the aggregate number of
students trained and the aggregate cost of the military
training activities.
(3) With respect to United States personnel, the
operational benefits to United States forces derived
from each military training activity and the United
States military units involved in each activity.
(c) Form.--The report described in subsection (a) shall be
in unclassified form but may include a classified annex.
(d) Availability on Internet.--All unclassified portions of
the report described in subsection (a) shall be made available
to the public on the Internet through the Department of State.
(e) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Appropriations and the Committee
on International Relations of the House of
Representatives; and
(2) the Committee on Appropriations and the Committee
on Foreign Relations of the Senate.
Sec. 657.\1260\ Annual Report on Military Assistance and
Military Exports. * * * [Repealed--1981]
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\1260\ Sec. 657, added by the FA Act of 1971 (Public Law 92-226),
was repealed by sec. 502(d)(1) of the International Development and
Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959).
Subsequently, sec. 14 of the International Security Assistance Act of
1978 (Public Law 95-384; 92 Stat. 739) added a new sec. 657. Sec. 657
was again repealed by sec. 734(a)(1) of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
Some of the information previously required annually under sec. 657 on
military assistance and military exports is now required by sec.
634(a)(10) of this Act and sec. 25(a) of the Arms Export Control Act.
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Sec. 658.\1261\ Limitations on Use of Funds. * * *
[Repealed--1978]
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\1261\ Sec. 658, added by the FA Act of 1971 (Public Law 92-226),
was repealed by sec. 604 of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
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Sec. 659.\1262\ Access to Certain Military Bases Abroad. *
* * [Repealed--1981]
---------------------------------------------------------------------------
\1262\ Sec. 659, added by sec. 20(a) of the FA Act of 1974 (Public
Law 93-559), was repealed by sec. 734(a)(1) of the International
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
Stat. 1560). It formerly read as follows:
``Sec. 659. Access to Certain Military Bases Abroad.--None of the
funds authorized to be appropriated for foreign assistance (including
foreign military sales, credit sales, and guaranties) under this Act
may be used to provide any kind of assistance to any foreign country in
which a military base is located if--
``(1) such base was constructed or is being maintained or operated
with funds furnished by the United States;
``(2) personnel of the United States carry out military operations
from such base; and
``(3) unless and until the President has determined that the
government of such country has, consistent with security, authorized
access, on a regular basis, to bona fide news media correspondents of
the United States to such military base.''.
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Sec. 660.\1263\ Prohibiting Police Training.--(a) On and
after July 1, 1975, none of the funds made available to carry
out this Act, and none of the local currencies generated under
this Act, shall be used to provide training or advice, or
provide any financial support, for police, prisons, or other
law enforcement forces for any foreign government or any
program of internal intelligence or surveillance on behalf of
any foreign government within the United States or abroad.
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\1263\ 22 U.S.C. 2420. Sec. 30(a) of the FA Act of 1974 (Public Law
93-559) added sec. 660.
Title VII of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 877, 892), provides the following:
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``special authorities
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``Sec. 7034. (a) Afghanistan, Iraq, Pakistan, Lebanon, Montenegro,
Victims of War, Displaced Children, and Displaced Burmese.--Funds
appropriated under titles III through VI of this Act that are made
available for assistance for Afghanistan may be made available
notwithstanding section 7012 of this Act or any similar provision of
law and section 660 of the Foreign Assistance Act of 1961, and funds
appropriated in titles III and VI of this Act that are made available
for Iraq, Lebanon, Montenegro, Pakistan, and for victims of war,
displaced children, and displaced Burmese, and to assist victims of
trafficking in persons and, subject to the regular notification
procedures of the Committees on Appropriations, to combat such
trafficking, may be made available notwithstanding any other provision
of law.
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* * * * * * *
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``(e) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section 660(b)(6)
of the Foreign Assistance Act of 1961, support for a nation emerging
from instability may be deemed to mean support for regional, district,
municipal, or other sub-national entity emerging from instability, as
well as a nation emerging from instability.
---------------------------------------------------------------------------
* * * * * * *
``community-based police assistance
---------------------------------------------------------------------------
``Sec. 7047. (a) Authority.--Funds made available by titles III and
IV of this Act to carry out the provisions of chapter 1 of part I and
chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may
be used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority through
training and technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through assistance to foster
civilian police roles that support democratic governance including
assistance for programs to prevent conflict, respond to disasters,
address gender-based violence, and foster improved police relations
with the communities they serve.
``(b) Notification.--Assistance provided under subsection (a) shall
be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.''.
The Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2003 (division E of Public Law 108-7; 117 Stat.
214), provided the following:
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``community-based police assistance
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``Sec. 582. (a) Authority.--Funds made available to carry out the
provisions of chapter 1 of part I and chapter 4 of part II of the
Foreign Assistance Act of 1961, may be used, notwithstanding section
660 of that Act, to enhance the effectiveness and accountability of
civilian police authority in Jamaica and El Salvador through training
and technical assistance in human rights, the rule of law, strategic
planning, and through assistance to foster civilian police roles that
support democratic governance including assistance for programs to
prevent conflict and foster improved police relations with the
communities they serve.
``(b) Report.--
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``(1) The Administrator of the United States Agency for International
Development shall submit, at the time of submission of the agency's
Congressional Budget Justification Document for fiscal year 2004, and
annually thereafter, a report to the Committees on Appropriations
describing the progress these programs are making toward improving police
relations with the communities they serve and institutionalizing an
effective community-based police program.
``(2) The requirements of paragraph (1) are in lieu of the requirements
contains in section 587(b) of Public Law 107-115.
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``(c) Notification.--Assistance provided under subsection (a) shall
be subject to the regular notification procedures of the Committees on
Appropriations.''.
Sec. 104 of the International Narcotics Control Corrections Act of
1994 (Public Law 103-447; 108 Stat. 4691; 22 U.S.C. 2420 note) provided
the following exemption:
---------------------------------------------------------------------------
``sec. 104. exemption of narcotics-related military assistance for fiscal
year 1995 from prohibition on assistance for law enforcement agencies.
---------------------------------------------------------------------------
``(a) Exemption.--For fiscal year 1995, section 660 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2420) shall not apply with respect
to--
---------------------------------------------------------------------------
``(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.
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``(b) Notification to Congress.--At least 15 days before any
transfer under subsection (a)(1) or any obligation of funds under
subsection (a)(2) or (a)(3), the President shall notify the appropriate
congressional committees (as defined in section 481(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291(e)) in accordance with the
procedures applicable to reprogramming notifications under section 634A
of that Act (22 U.S.C. 2394).
``(c) Coordination With International Narcotics Control Assistance
Program.--Assistance provided pursuant to this section shall be
coordinated with international narcotics control assistance under
chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.
2291 et seq.).''.
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(b) Subsection (a) of this section shall not apply--
(1) with respect to assistance rendered under section
515(c) of the Omnibus Crime Control and Safe Streets
Act of 1968 \1264\ with respect to any authority of the
Drug Enforcement Administration or the Federal Bureau
of Investigation which relates to crimes of the nature
which are unlawful under the laws of the United States,
or with respect to assistance authorized under section
482 of this Act;
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\1264\ Public Law 90-351 (82 Stat. 197), approved June 19, 1968.
Such sec. 515(c) was redesignated as sec. 515(b) by sec. 124 of Public
Law 94-503.
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(2) to any contract entered into prior to the date of
enactment of this section with any person,
organization, or agency of the United States Government
to provide personnel to conduct, or assist in
conducting, any such program;
(3) \1265\ with respect to assistance, including
training, in maritime law enforcement and other
maritime skills; \1266\
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\1265\ Sec. 127(b) by Public Law 99-83 (99 Stat. 205) added clause
(3).
\1266\ Sec. 540A(d) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
Stat. 737), struck out ``; or'' at the end of para. (3); added ``; or''
at the end of para. (4), and added new paras. (5) and (6).
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(4) \1267\ with respect to assistance provided to
police forces in connection with their participation in
the regional security system of the Eastern Caribbean
states; or \1266\
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\1267\ Sec. 594 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2060), added para. (4).
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(5) \1266\ with respect to assistance, including
training, relating to sanctions monitoring and
enforcement;
(6) \1266\ with respect to assistance provided to
reconstitute civilian police authority and capability
in the post-conflict restoration of host nation
infrastructure for the purposes of supporting a nation
emerging from instability, and the provision of
professional public safety training, to include
training in internationally recognized standards of
human rights, the rule of law, anti-corruption, and the
promotion of civilian police roles that support
democracy; \1268\
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\1268\ Sec. 574 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by
reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535),
struck out a period at the end of para. (6), inserted in lieu thereof a
semicolon, and added a new para. (7).
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(7) \1268\ with respect to assistance provided to
customs authorities and personnel, including training,
technical assistance and equipment, for customs law
enforcement and the improvement of customs laws,
systems and procedures.
Notwithstanding clause (2), subsection (a) shall apply to any
renewal or extension of any contract referred to in such
paragraph entered into on or after such date of enactment.
(c) \1269\ Subsection (a) shall not apply with respect to a
country which has a longstanding democratic tradition, does not
have standing armed forces, and does not engage in a consistent
pattern of gross violations of internationally recognized human
rights.
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\1269\ Sec. 711 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 244) added subsecs.
(c) and (d).
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(d) \1269\, \1270\ Notwithstanding the
prohibition contained in subsection (a), assistance may be
provided to Honduras or El Salvador for fiscal years 1986 and
1987 if, at least 30 days before providing assistance, the
President notifies the Committee on Foreign Affairs \1271\ of
the House of Representatives and the Committee on Foreign
Relations of the Senate, in accordance with the procedures
applicable to reprogramming notifications pursuant to section
634A of this Act, that he has determined that the government of
the recipient country has made significant progress, during the
preceding six months, in eliminating any human rights
violations including torture, incommunicado detention,
detention of persons solely for the non-violent expression of
their political views, or prolonged detention without trial.
Any such notification shall include a full description of the
assistance which is proposed to be provided and of the purposes
to which it is to be directed.
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\1270\ See Presidential Determination No. 86-2 of October 29, 1985
(50 F.R. 48073), in which the President delegated authority to the
Secretary of State to provide any future report required by sec.
660(d).
\1271\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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SEC. 661.\1272\ TRADE AND DEVELOPMENT AGENCY.
(a) Purpose.--The Trade and Development Agency shall be an
agency of the United States under the foreign policy guidance
of the Secretary of State. The purpose of the Trade and
Development Agency is to promote United States private sector
participation in development projects in developing and middle-
income countries, with special emphasis on economic sectors
with significant United States export potential, such as
energy, transportation, telecommunications, and
environment.\1273\
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\1272\ 22 U.S.C. 2421. Sec. 201 of the Jobs Through Exports Act of
1992 (Public Law 102-549; 106 Stat. 3655) amended and restated sec.
661. It was originally added by sec. 31 of the FA Act of 1974 (Public
Law 93-559) as ``Reimbursable Development Programs''.
\1273\ Sec. 5(a) of the Export Enhancement Act of 1998 (Public Law
106-158; 113 Stat. 1746) inserted ``, with special emphasis on economic
sectors with significant United States export potential, such as
energy, transportation, telecommunications, and environment''.
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(b) Authority To Provide Assistance.--
(1) Authority.--The Director of the Trade and
Development Agency is authorized to work with foreign
countries, including those in which the United States
development programs have been concluded or those not
receiving assistance under part I, to carry out the
purpose of this section by providing funds for
feasibility studies, architectural and engineering
design, and other activities related to development
projects which provide opportunities for the use of
United States exports.
(2) Use of funds.--Funds under this section may be
used to provide support for feasibility studies for the
planning, development, and management of, and
procurement for, bilateral and multilateral development
projects, including training activities undertaken in
connection with a project, for the purpose of promoting
the use of United States goods and services in such
projects. Funds under this section may also be used for
architectural and engineering design, including--
(A) concept design, which establishes the
basic technical and operational criteria for a
project, such as architectural drawings for a
proposed facility, evaluation of site
constraints, procurement requirements, and
equipment specifications; and
(B) detail design, which sets forth specific
dimensions and criteria for structural,
mechanical, electrical, and architectural
operations, and identifies other resources
required for project operations.
(3) Information dissemination.--(A) The Trade and
Development Agency shall disseminate information about
its project activities to the private sector.
(B) Other agencies of the United States Government
shall cooperate with the Trade and Development Agency
in order for the Agency to provide more effectively
informational services to persons in the private sector
concerning trade development and export promotion
related to development projects.
(4) Nonapplicability of other provisions.--Any funds
used for purposes of this section may be used
notwithstanding any other provision of law.
(5) \1274\ Contributions to costs.--The Trade and
Development Agency shall, to the maximum extent
practicable, require corporations and other entities
to--
---------------------------------------------------------------------------
\1274\ Sec. 5(b) of the Export Enhancement Act of 1998 (Public Law
106-158; 113 Stat. 1746) added para. (5).
---------------------------------------------------------------------------
(A) share the costs of feasibility studies
and other project planning services funded
under this section; and
(B) reimburse the Trade and Development
Agency those funds provided under this section,
if the corporation or entity concerned succeeds
in project implementation.
(c) Director and Personnel.--
(1) Director.--There shall be at the head of the
Trade and Development Agency a Director who shall be
appointed by the President, by and with the advice and
consent of the Senate.
(2) Officers and employees.--(A) The Director may
appoint such officers and employees of the Trade and
Development Agency as the Director considers
appropriate.
(B) The officers and employees appointed under this
paragraph shall have such functions as the Director may
determine.
(C) Of the officers and employees appointed under
this paragraph, 2 may be appointed without regard to
the provisions of title 5, United States Code,
governing appointments in the competitive service, and
may be compensated without regard to the provisions of
chapter 51 or subchapter III of chapter 53 of such
title.
(D) Under such regulations as the President may
prescribe, any individual appointed under subparagraph
(C) may be entitled, upon removal (except for cause)
from the position to which the appointment was made, to
reinstatement to the position occupied by that
individual at the time of appointment or to a position
of comparable grade and pay.
(d) Annual Report.--The President shall, not later than
December 31 of each year, submit to the Committee on Foreign
Affairs \1275\ of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on the
activities of the Trade and Development Agency in the preceding
fiscal year.
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\1275\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(e) Audits.--
(1) In general.--The Trade and Development Agency
shall be subject to the provisions of chapter 35 of
title 31, United States Code, except as otherwise
provided in this section.
(2) Independent audit.--An independent certified
public accountant shall perform a financial and
compliance audit of the financial statements of the
Trade and Development Agency each year, in accordance
with generally accepted Government auditing standards
for a financial and compliance audit, taking into
consideration any standards recommended by the
Comptroller General. The independent certified public
accountant shall report the results of such audit to
the Director of the Trade and Development Agency. The
financial statements of the Trade and Development
Agency shall be presented in accordance with generally
accepted accounting principles. These financial
statements and the report of the accountant shall be
included in a report which contains, to the extent
applicable, the information identified in section 3512
of title 31, United States Code, and which the Trade
and Development Agency shall submit to the Congress not
later than 6\1/2\ months after the end of the last
fiscal year covered by the audit. The Comptroller
General may review the audit conducted by the
accountant and the report to the Congress in the manner
and at such times as the Comptroller General considers
necessary.
(3) Audit by comptroller general.--In lieu of the
financial and compliance audit required by paragraph
(2), the Comptroller General shall, if the Comptroller
General considers it necessary or upon the request of
the Congress, audit the financial statements of the
Trade and Development Agency in the manner provided in
paragraph (2).
(4) Availability of information.--All books,
accounts, financial records, reports, files,
workpapers, and property belonging to or in use by the
Trade and Development Agency and the accountant who
conducts the audit under paragraph (2), which are
necessary for purposes of this subsection, shall be
made available to the representatives of the General
Accounting Office \1276\ designated by the Comptroller
General.
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\1276\ 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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(f) Funding.--
(1) \1277\ Authorization.--(A) There are authorized
to be appropriated for purposes of this section, in
addition to funds otherwise available for such
purposes, $48,000,000 for fiscal year 2000 and such
sums as may be necessary for each fiscal year
thereafter.
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\1277\ Sec. 201 of the Jobs Through Trade Expansion Act of 1994
(Public Law 103-392; 108 Stat. 4099) amended and restated para. (1) of
subsec. (f), to add subpara. designations (A) and (B), and to state
authorization levels for fiscal years 1995 and 1996. Sec. 5(c)(1) of
the Export Enhancement Act of 1999 (Public Law 106-158; 113 Stat. 1746)
struck out language establishing 1995-96 levels and inserted
``$48,000,000 for fiscal year 2000 and such sums as may be necessary
for each fiscal year thereafter''.
Authorizations under this section in recent years include: fiscal
year 1977--$2,000,000; fiscal year 1978--$2,000,000; fiscal year 1979--
$3,000,000; fiscal year 1980--$3,800,000; fiscal year 1981--$4,000,000;
fiscal year 1982--$6,907,000; fiscal year 1983--$6,907,000; fiscal year
1984--$22,000,000; fiscal year 1985--no authorization; fiscal year
1986--$20,000,000; fiscal year 1987--$20,000,000; fiscal year 1988--no
authorization; fiscal year 1989--no authorization; fiscal year 1990--no
authorization; fiscal year 1991--no authorization; fiscal year 1992--no
authorization; fiscal year 1993--$55,000,000; fiscal year 1994--
$65,000,000; fiscal year 1995--$77,000,000; fiscal year 1996--``such
sums as are necessary''; fiscal year 1997--$65,000,000; fiscal year
1998--no authorization; and fiscal year 2000--$48,000,000 (``and such
sums as may be necessary for each fiscal year thereafter'').
Titles VI and VII of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 860, 870), provides the following:
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``trade and development agency
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $50,800,000, to remain available
until September 30, 2010.
---------------------------------------------------------------------------
* * * * * * *
``authorization requirements
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``Sec. 7023. Funds appropriated by this Act, except funds
appropriated under the heading `Trade and Development Agency', may be
obligated and expended notwithstanding section 10 of Public Law 91-672,
section 15 of the State Department Basic Authorities Act of 1956,
section 313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 414(a)(1)).''.
See also in that Act: sec. 7015--Reprogramming Notification
Requirements (123 Stat. 865); and sec. 7073--Independent States of the
Former Soviet Union (123 Stat. 906).
Sec. 902(a)(2) of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 83), suspended any
obligation of funds for new programs under the Trade and Development
Agency to the People's Republic of China until the President reported
to the Congress under subsec. (b) of that sec. that China had made
certain political reforms, or that such assistance was in the national
interest of the United States. For text of sec. 902, see Legislation on
Foreign Relations Through 2008, vol. II-A.
See also the South African Democratic Transition Support Act of
1993 (Public Law 103-149; 107 Stat. 1503), sec. 6(c) of which called on
the Director of the Trade and Development Agency to provide additional
funds for activities related to projects in South Africa, in
Legislation on Foreign Relations Through 2008, vol. I-B.
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(B) Amounts appropriated pursuant to the
authorization of appropriations under subparagraph (A)
are authorized to remain available until expended.
(2) Funding for technical assistance grants by
multilateral development banks.--(A) The Trade and
Development Agency should, in carrying out its program,
provide, as appropriate, funds \1278\ to multilateral
development banks for technical assistance grants.
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\1278\ Sec. 5(c)(2) of the Export Enhancement Act of 1999 (Public
Law 106-158; 113 Stat. 1746) struck out ``in fiscal years 1993 and
1994, substantially increase the amount of funds it provides'' and
inserted in lieu thereof ``in carrying out its program, provide, as
appropriate, funds''.
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(B) As used in subparagraph (A)--
(i) the term ``technical assistance grants''
means funding by multilateral development banks
of services from the United States in
connection with projects and programs supported
by such banks, including, but not limited to,
engineering, design, and consulting services;
and
(ii) the term ``multilateral development
bank'' has the meaning given that term in
section 1701(c) of the International Financial
Institutions Act.
Sec. 662.\1279\ Limitation on Intelligence Activities. * *
* [Repealed--1991]
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\1279\ Formerly at 22 U.S.C. 2422. Sec. 601 of the Intelligence
Authorization Act, Fiscal Year 1991 (Public Law 102-88; 105 Stat. 441),
repealed sec. 662. The section, added by sec. 32 of the FA Act of 1974
(Public Law 93-559), had provided the following prohibition:
``Sec. 662. Limitation on Intelligence Activities.--No funds
appropriated under the authority of this or any other Act may be
expended by or on behalf of the Central Intelligence Agency for
operations in foreign countries, other than activities intended solely
for obtaining necessary intelligence, unless and until the President
finds that each such operation is important to the national security of
the United States. Each such operation shall be considered a
significant anticipated intelligence activity for the purpose of
section 501 of the National Security Act of 1947.''.
Public Law 102-88 also amended and restated the relevant sections
of the National Security Act of 1947 (50 U.S.C. 413 et seq.); see
Legislation on Foreign Relations Through 2008, vol. IV.
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Sec. 663.\1280\ Exchanges of Certain Materials.--(a)
Notwithstanding any other provision of law, whenever the
President determines it is in the United States national
interest, he shall furnish assistance under this Act or shall
furnish defense articles or services under the Foreign Military
Sales Act pursuant to an agreement with the recipient of such
assistance, articles, or services which provides that such
recipient may only obtain such assistance, articles, or
services in exchange for any necessary or strategic raw
material controlled by such recipient. For the purposes of this
section, the term ``necessary or strategic raw material''
includes petroleum, other fossil fuels, metals, minerals, or
any other natural substance which the President determines is
in short supply in the United States.
---------------------------------------------------------------------------
\1280\ 22 U.S.C. 2423. Added by sec. 32 of the FA Act of 1974
(Public Law 93-559).
---------------------------------------------------------------------------
(b) The President shall allocate any necessary or strategic
raw material transferred to the United States under this
section to any appropriate agency of the United States
Government for stockpiling, sale, transfer, disposal, or any
other purpose authorized by law.
(c) Funds received from any disposal of materials under
subsection (b) shall be deposited as miscellaneous receipts in
the United States Treasury.
Sec. 664.\1281\ Waiver of Prohibition Against Assistance to
Countries Engaging in Certain Trade. * * * [Repealed--1977]
---------------------------------------------------------------------------
\1281\ Formerly at 22 U.S.C. 2424. Sec. 664, added by sec. 33 of
the FA Act of 1974 (Public Law 93-559), was repealed by sec. 123(c) of
the International Development and Food Assistance Act of 1977 (Public
Law 95-88; 91 Stat. 541). It formerly read as follows:
``Sec. 664. Waiver of Prohibition Against Assistance to Countries
Engaging in Certain Trade.--Any provision of this Act which prohibits
assistance to a country because that country is engaging in trade with
a designated country, or because that country permits ships or aircraft
under its registry to transport any equipment, materials, or
commodities to or from such designated country, may be waived by the
President if he determines that such waiver is in the national interest
and reports such determination to the Congress.''.
---------------------------------------------------------------------------
Sec. 665.\1282\ Transition Provisions for Interim Quarter.
* * * [Repealed--1978]
---------------------------------------------------------------------------
\1282\ Sec. 665, added by Public Law 94-161 (89 Stat. 849), was
repealed by sec. 604 of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
---------------------------------------------------------------------------
Sec. 666.\1283\ Discrimination Against United States
Personnel.--(a) The President shall not take into account, in
assigning officers and employees of the United States to carry
out any economic development assistance programs funded under
this Act in any foreign country, the race, religion, national
origin, or sex of any such officer or employee. Such
assignments shall be made solely on the basis of ability and
relevant experience.
---------------------------------------------------------------------------
\1283\ 22 U.S.C. 2426. Added by sec. 318 of Public Law 94-161 (89
Stat. 849).
---------------------------------------------------------------------------
(b) Effective six months after the date of enactment of the
International Development and Food Assistance Act of 1975, or
on such earlier date as the President may determine, none of
the funds made available under this Act may be used to provide
economic development assistance to any country which objects to
the presence of any officer or employee of the United States
who is present in such country for the purpose of carrying out
any program of economic development assistance authorized by
the provisions of this Act on the basis of the race, religion,
national origin, or sex of such officer or employee.
(c) The Secretary of State shall promulgate such rules and
regulations as he may deem necessary to carry out the
provisions of this section.
Sec. 667.\1284\ Operating Expenses.--(a) There are
authorized to be appropriated to the President, in addition to
funds otherwise available for such purposes--
---------------------------------------------------------------------------
\1284\ 22 U.S.C. 2427. Sec. 667, added by sec. 319 of Public Law
94-161 (89 Stat. 849), was amended and restated by sec. 129(a) of the
International Development and Food Assistance Act of 1977 (Public Law
95-88; 91 Stat. 543).
---------------------------------------------------------------------------
(1) $387,000,000 for the fiscal year 1986 and
$387,000,000 for the fiscal year 1987 \1285\ for
necessary operating expenses of the agency primarily
responsible for administering part I of this Act, of
which $21,750,000 for the fiscal year 1987 is
authorized for the necessary operating expenses of the
Office of the Inspector General of the Agency for
International Development and the remaining amount for
the fiscal year is authorized for other necessary
operating expenses of that agency and \1286\
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\1285\ The authorization figures for fiscal years 1986 and 1987
were added by sec. 406 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 219).
Authorizations under this section during recent years include: fiscal
year 1979--$261,000,000; fiscal year 1980--$263,000,000; fiscal year
1981--$293,800,000; fiscal year 1982--$335,600,000; fiscal year 1983--
$335,600,000; fiscal year 1984--$370,000,000; fiscal year 1985--no
authorization; fiscal years 1988 through 2009--no authorization.
Congress did not enact an authorization for fiscal year 2009.
Instead, sec. 7023 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 870), waives the requirements for authorization, and
title II of that Act (beginning at 123 Stat. 840) provides the
following:
---------------------------------------------------------------------------
``TITLE II
``UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
``Funds Appropriated to the President
``operating expenses
``(including transfer of funds)
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $808,584,000, of which up to
$85,000,000 may remain available until September 30, 2010: Provided,
That none of the funds appropriated under this heading and under the
heading `Capital Investment Fund' in this Act may be made available to
finance the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by the
United States Agency for International Development (USAID), unless the
USAID Administrator has identified such proposed construction
(including architect and engineering services), purchase, or long-term
lease of offices in a report submitted to the Committees on
Appropriations at least 15 days prior to the obligation of funds for
such purposes: Provided further, That the previous proviso shall not
apply when the total cost of construction (including architect and
engineering services), purchase, or long-term lease of offices does not
exceed $1,000,000: Provided further, That contracts or agreements
entered into with funds appropriated under this heading may entail
commitments for the expenditure of such funds through fiscal year 2010:
Provided further, That any decision to open a new USAID overseas
mission or office or, except where there is a substantial security risk
to mission personnel, to close or significantly reduce the number of
personnel of any such mission or office, shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That the authority of sections 610 and 109 of the
Foreign Assistance Act of 1961 may be exercised by the Secretary of
State to transfer funds appropriated to carry out chapter 1 of part I
of such Act to `Operating Expenses' in accordance with the provisions
of those sections: Provided further, That of the funds appropriated or
made available under this heading, not to exceed $250,000 shall be
available for representation and entertainment allowances, of which not
to exceed $5,000 shall be available for entertainment allowances, for
USAID during the current fiscal year: Provided further, That no such
entertainment funds may be used for the purposes listed in section 7020
of this Act: Provided further, That appropriate steps shall be taken to
assure that, to the maximum extent possible, United States-owned
foreign currencies are utilized in lieu of dollars.
---------------------------------------------------------------------------
``CIVILIAN STABILIZATION INITIATIVE
---------------------------------------------------------------------------
``For necessary expenses to carry out section 667 of the Foreign
Assistance Act of 1961 for the United States Agency for International
Development (USAID) to establish, support, maintain, mobilize, and
deploy a civilian response corps in coordination with the Department of
State, and for related reconstruction and stabilization assistance to
prevent or respond to conflict or civil strife in foreign countries or
regions, or to enable transition from such strife, $30,000,000, to
remain available until expended: Provided, That not later than 60 days
after enactment of this Act, the Secretary of State and the USAID
Administrator shall submit a coordinated joint spending plan for funds
made available under this heading and under the heading `Civilian
Stabilization Initiative' in title I of this Act.
---------------------------------------------------------------------------
``capital investment fund
---------------------------------------------------------------------------
``For necessary expenses for overseas construction and related
costs, and for the procurement and enhancement of information
technology and related capital investments, pursuant to section 667 of
the Foreign Assistance Act of 1961, $35,775,000, to remain available
until expended: Provided, That this amount is in addition to funds
otherwise available for such purposes: Provided further, That funds
appropriated under this heading shall be available for obligation only
pursuant to the regular notification procedures of the Committees on
Appropriations.
---------------------------------------------------------------------------
``office of inspector general
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $42,000,000, to remain available
until September 30, 2010, which sum shall be available for the Office
of the Inspector General of the United States Agency for International
Development.''.
Title I of that Act (123 Stat. 832, 833), furthermore, provides the
following:
---------------------------------------------------------------------------
``CIVILIAN STABILIZATION INITIATIVE
---------------------------------------------------------------------------
``For necessary expenses to establish, support, maintain, mobilize,
and deploy a civilian response corps in coordination with the United
States Agency for International Development, and for related
reconstruction and stabilization assistance to prevent or respond to
conflict or civil strife in foreign countries or regions, or to enable
transition from such strife, $45,000,000, to remain available until
expended: Provided, That up to $23,014,000 may be made available in
fiscal year 2009 to provide administrative expenses for the Office of
the Coordinator for Reconstruction and Stabilization: Provided further,
That notwithstanding any other provision of law and following
consultation with the Committees on Appropriations, the President may
exercise transfer authorities contained in the Foreign Assistance Act
of 1961 for reconstruction and stabilization assistance managed by the
Office of the Coordinator for Reconstruction and Stabilization, United
States Department of State, only to support an actively deployed
civilian response corps, subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That not later
than 60 days after enactment of this Act, the Secretary of State and
the Administrator of the United States Agency for International
Development shall submit a coordinated joint spending plan for funds
made available under this heading and under the heading `Civilian
Stabilization Initiative' in title II of this Act.
---------------------------------------------------------------------------
* * * * * * *
``Embassy Security, Construction, and Maintenance
* * * * * * *
---------------------------------------------------------------------------
``In addition, for necessary expenses for overseas facility
construction and related costs for the United States Agency for
International Development, pursuant to section 667 of the Foreign
Assistance Act of 1961, $135,225,000, to remain available until
expended.''.
See also in that Act, sec. 7011--Availability of Funds (123 Stat.
863); and sec. 7059--USAID Management (123 Stat. 896).
Title XI of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1891), provides the following:
---------------------------------------------------------------------------
``UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
``Funds Appropriated to the President
``operating expenses
---------------------------------------------------------------------------
``For an additional amount for `Operating Expenses', $157,600,000,
to remain available until September 30, 2010.
---------------------------------------------------------------------------
``capital investment fund
---------------------------------------------------------------------------
``For an additional amount for `Capital Investment Fund',
$48,500,000, to remain available until expended.
---------------------------------------------------------------------------
``office of inspector general
---------------------------------------------------------------------------
``For an additional amount for `Office of Inspector General',
$3,500,000, to remain available until September 30, 2010, for oversight
of programs in Afghanistan and Pakistan.''.
\1286\ Sec. 402 of Public Law 99-529 (100 Stat. 3010) inserted ``of
which $21,750,000 for the fiscal year 1987 is authorized for the
necessary operating expenses of the Office of the Inspector General of
the Agency for International Development and the remaining amount for
the fiscal year is authorized for other necessary operating expenses of
that agency and''.
---------------------------------------------------------------------------
(2) such amounts as may be necessary for increases in
salary, pay, retirement, and other employee benefits
authorized by law, and for other nondiscretionary costs
of such agency.
(b) Amounts appropriated under this section are authorized
to remain available until expended.
Sec. 668.\1287\ Report on Korea. * * * [Repealed--1981]
---------------------------------------------------------------------------
\1287\ Sec. 668, added by sec. 411 of Public Law 94-329 (90 Stat.
760), was repealed by sec. 734(a)(1) of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
This report, required on an annual basis from 1976 through 1981,
included information on progress made by Korea to modernize its armed
forces, on the U.S. role in mutual security efforts in Korea, and on
prospects for or implementation of phased reduction of U.S. Armed
Forces assigned to duty in Korea. Similar information is now required
under sec. 25(a)(9) of the Arms Export Control Act.
---------------------------------------------------------------------------
Sec. 669.\1288\ Nuclear Enrichment Transfers. * * *
[Repealed--1994]
---------------------------------------------------------------------------
\1288\ Formerly at 22 U.S.C. 2429. Sec. 669, popularly referred to
as the Symington amendment, was added by sec. 305 of Public Law 94-329,
amended and restated by sec. 12 of the International Security
Assistance Act of 1977 (Public Law 95-92; 91 Stat. 620), further
amended by secs. 10(b)(4) and 12 of the International Security
Assistance Act of 1978 (Public Law 95-384; 92 Stat. 735, 737); further
amended by sec. 737(b) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1562).
Secs. 669 and 670 were repealed by sec. 826(b) of the Nuclear
Proliferation Prevention Act of 1994 (title VIII of the Foreign
Relations Authorization Act; Public Law 103-236; 108 Stat. 519), after
section 826(a) of that Act enacted two new sections into the Arms
Export Control Act (secs. 101 and 102; at 22 U.S.C. 2799aa and 2799aa-
1) to state nuclear nonproliferation controls.
---------------------------------------------------------------------------
Sec. 670.\1289\ Nuclear Reprocessing Transfers, Illegal
Exports for Nuclear Explosive Devices, Transfers of Nuclear
Explosive Devices, and Nuclear Detonations. * * * [Repealed--
1994]
---------------------------------------------------------------------------
\1289\ Formerly at 22 U.S.C. 2429a. Sec. 670, popularly referred to
as the Glenn amendment, was added by sec. 12 of Public Law 95-92 (91
Stat. 620); amended and restated by sec. 737(c) of the International
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
Stat. 1562); and further amended by sec. 1204 of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
Stat. 277).
Secs. 669 and 670 were repealed by sec. 826(b) of the Nuclear
Proliferation Prevention Act of 1994 (title VIII of the Foreign
Relations Authorization Act; Public Law 103-236; 108 Stat. 519), after
section 826(a) of that Act enacted two new sections into the Arms
Export Control Act (secs. 101 and 102; at 22 U.S.C. 2799aa and 2799aa-
1) to state nuclear nonproliferation controls.
---------------------------------------------------------------------------
Sec. 671.\1290\ Notification of Program Changes. * * *
[Redesignated--1978]
---------------------------------------------------------------------------
\1290\ Sec. 671, added by Public Law 95-88 (91 Stat. 543), was
redesignated as sec. 634A of this Act by sec. 502(b) of the
International Development and Food Assistance Act of 1978 (Public Law
95-424; 92 Stat. 959).
---------------------------------------------------------------------------
PART IV--ENTERPRISE FOR THE AMERICAS INITIATIVE \1291\
SEC. 701.\1292\ PURPOSE.
The purpose of this part is to encourage and support
improvement in the lives of the people of Latin America and the
Caribbean through market-oriented reforms and economic growth
with interrelated actions to promote debt reduction, investment
reforms, community based conservation, and sustainable use of
the environment, and child survival and child development. The
Facility will support these objectives through administration
of debt reduction operations under this part for those
countries with democratically elected governments that meet
investment reforms and other policy conditions.
---------------------------------------------------------------------------
\1291\ Sec. 602(a) of the Jobs Through Exports Act of 1992 (Public
Law 102-549; 106 Stat. 3664) added part IV--Enterprise for the Americas
Initiative, secs. 701-710. See also footnote at part V--Debt Reduction
for Developing Countries with Tropical Forests.
See also Executive Order 13345 of July 8, 2004 (69 F.R. 41901), in
which the President assigned foreign affairs functions, requirements
under the Enterprise for the Americas Initiative, and the Tropical
Forest Conservation Act, under parts IV and V, to members of his
cabinet, in Legislation on Foreign Relations Through 2008, vol. I-B.
Sec. 401 of the FA Act of 1962 (Public Law 87-565) repealed former
part IV, relating to amendments to other laws.
Sec. 7032 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 875), provides the following:
---------------------------------------------------------------------------
``authority to engage in debt buybacks or sales
---------------------------------------------------------------------------
``Sec. 7032. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
---------------------------------------------------------------------------
``(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President may, in
accordance with this section, sell to any eligible purchaser any
concessional loan or portion thereof made before January 1, 1995, pursuant
to the Foreign Assistance Act of 1961, to the government of any eligible
country as defined in section 702(6) of that Act or on receipt of payment
from an eligible purchaser, reduce or cancel such loan or portion thereof,
only for the purpose of facilitating--
``(A) debt-for-equity swaps, debt-for-development swaps, or debt-for-
nature swaps; or
``(B) a debt buyback by an eligible country of its own qualified debt,
only if the eligible country uses an additional amount of the local
currency of the eligible country, equal to not less than 40 percent of the
price paid for such debt by such eligible country, or the difference
between the price paid for such debt and the face value of such debt, to
support activities that link conservation and sustainable use of natural
resources with local community development, and child survival and other
child development, in a manner consistent with sections 707 through 710 of
the Foreign Assistance Act of 1961, if the sale, reduction, or cancellation
would not contravene any term or condition of any prior agreement relating
to such loan.
``(2) Terms and conditions.--Notwithstanding any other provision of law,
the President shall, in accordance with this section, establish the terms
and conditions under which loans may be sold, reduced, or canceled pursuant
to this section.
``(3) Administration.--The Facility, as defined in section 702(8) of the
Foreign Assistance Act of 1961, shall notify the administrator of the
agency primarily responsible for administering part I of the Foreign
Assistance Act of 1961 of purchasers that the President has determined to
be eligible, and shall direct such agency to carry out the sale, reduction,
or cancellation of a loan pursuant to this section. Such agency shall make
adjustment in its accounts to reflect the sale, reduction, or cancellation.
``(4) Limitation.--The authorities of this subsection shall be available
only to the extent that appropriations for the cost of the modification, as
defined in section 502 of the Congressional Budget Act of 1974, are made in
advance.
---------------------------------------------------------------------------
``(b) Deposit of Proceeds.--The proceeds from the sale, reduction,
or cancellation of any loan sold, reduced, or canceled pursuant to this
section shall be deposited in the United States Government account or
accounts established for the repayment of such loan.
``(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the purpose of
engaging in debt-for-equity swaps, debt-for-development swaps, or debt-
for-nature swaps.
``(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section,
of any loan made to an eligible country, the President should consult
with the country concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
``(e) Availability of Funds.--The authority provided by subsection
(a) may be used only with regard to funds appropriated by this Act
under the heading `Debt Restructuring'.''.
\1292\ 22 U.S.C. 2430.
---------------------------------------------------------------------------
SEC. 702.\1293\ DEFINITIONS.
For purposes of this part--
---------------------------------------------------------------------------
\1293\ 22 U.S.C. 2430a.
---------------------------------------------------------------------------
(1) the term ``administering body'' means the entity
provided for in section 708(c);
(2) the term ``Americas Framework Agreement'' means
an Americas Framework Agreement provided for in section
708;
(3) the term ``Americas Fund'' means an Enterprise
for the Americas Fund provided for in section 707(a);
(4) the term ``appropriate congressional committees''
means the Committee on Foreign Affairs \1294\ and the
Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations
and the Committee on Appropriations of the Senate;
---------------------------------------------------------------------------
\1294\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
---------------------------------------------------------------------------
(5) the term ``beneficiary country'' means an
eligible country with respect to which the authority of
section 704(a)(1) is exercised;
(6) the term ``eligible country'' means a country
designated by the President in accordance with section
703;
(7) the term ``Enterprise for the Americas Board'' or
``Board'' means the board established by section 610 of
the Food for Peace Act; \1295\ and
---------------------------------------------------------------------------
\1295\ Sec. 3001(b) of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural
Trade Development and Assistance Act of 1954'' and inserted in lieu
thereof ``Food for Peace Act''.
---------------------------------------------------------------------------
(8) the term ``Facility'' means the Enterprise for
the Americas Facility established in the Department of
the Treasury by section 601 of that Act.
SEC. 703.\1296\ ELIGIBILITY FOR BENEFITS.
(a) Requirements.--To be eligible for benefits from the
Facility under this part, a country must be a Latin American or
Caribbean country--
---------------------------------------------------------------------------
\1296\ 22 U.S.C. 2430b.
---------------------------------------------------------------------------
(1) whose government is democratically elected;
(2) whose government has not repeatedly provided
support for acts of international terrorism;
(3) whose government is not failing to cooperate on
international narcotics control matters;
(4) whose government (including its military or other
security forces) does not engage in a consistent
pattern of gross violations of internationally
recognized human rights;
(5) that has in effect, has received approval for,
or, as appropriate in exceptional circumstances, is
making significant progress toward--
(A) an International Monetary Fund standby
arrangement, extended Fund arrangement, or an
arrangement under the structural adjustment
facility or enhanced structural adjustment
facility, or in exceptional circumstances, a
Fund monitored program or its equivalent,
unless the President determines (after
consultation with the Enterprise for the
Americas Board) that such an arrangement or
program (or its equivalent) could reasonably be
expected to have significant adverse social or
environmental effects; and
(B) as appropriate, structural or sectoral
adjustment loans from the International Bank
for Reconstruction and Development or the
International Development Association, unless
the President determines (after consultation
with the Enterprise for the Americas Board)
that the resulting adjustment requirements
could reasonably be expected to have
significant adverse social or environmental
effects;
(6) has put in place major investment reforms in
conjunction with an Inter-American Development Bank
loan or otherwise is implementing, or is making
significant progress toward, an open investment regime;
and
(7) if appropriate, has agreed with its commercial
bank lenders on a satisfactory financing program,
including, as appropriate, debt or debt service
reduction.
(b) Eligibility Determinations.--Consistent with subsection
(a), the President shall determine whether a country is
eligible to receive benefits under this part. The President
shall notify the appropriate congressional committees of his
intention to designate a country as an eligible country at
least 15 days in advance of any formal determination.
SEC. 704.\1297\ REDUCTION OF CERTAIN DEBT.
(a) Authority To Reduce Debt.--
---------------------------------------------------------------------------
\1297\ 22 U.S.C. 2430c. Sec. 594(a) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1993 (Public
Law 102-391; 106 Stat. 1692), enacted authorization for debt reduction
as chapter 12, sec. 499 of this Act. That enactment, however, was
repealed by sec. 602(b) of Public Law 102-549 (106 Stat. 3669), which
also provided:
``Any exercise of the authorities provided in that chapter prior to
its repeal by this subsection shall be deemed to be an exercise of the
authorities of part IV of the Foreign Assistance Act of 1961 (as
enacted by subsection (a) of this section) and shall be carried out,
after the enactment of this section, in accordance with that part.''.
---------------------------------------------------------------------------
(1) Authority.--The President may reduce the amount
owed to the United States (or any agency of the United
States) that is outstanding as of January 1, 1992, as a
result of concessional loans made to an eligible
country by the United States under part I of this Act,
chapter 4 of part II of this Act, or predecessor
foreign economic assistance legislation.
(2) Appropriations requirement.--The authority
provided by this section may be exercised only in such
amounts or to such extent as is provided in advance by
appropriations Acts.
(3) Certain prohibitions inapplicable.--(A) A
reduction of debt pursuant to this section shall not be
considered assistance for purposes of any provision of
law limiting assistance to a country.
(B) The authority of this section may be exercised
notwithstanding section 620(r) of this Act or section
321 of the International Development and Food
Assistance Act of 1975.
(b) Implementation of Debt Reduction.--
(1) In general.--Any debt reduction pursuant to
subsection (a) shall be accomplished at the direction
of the Facility by the exchange of a new obligation for
obligations outstanding as of the date specified in
subsection (a)(1).
(2) Exchange of obligations.--The Facility shall
notify the agency primarily responsible for
administering part I of this Act of the agreement with
an eligible country to exchange a new obligation for
outstanding obligations pursuant to this subsection. At
the direction of the Facility, the old obligations
shall be canceled and a new debt obligation for the
country shall be established, and the agency primarily
responsible for administering part I of this Act shall
make an adjustment in its accounts to reflect the debt
reduction.
SEC. 705.\1298\ REPAYMENT OF PRINCIPAL.
(a) Currency of Payment.--The principal amount of each new
obligation issued pursuant to section 704(b) shall be repaid in
United States dollars.
---------------------------------------------------------------------------
\1298\ 22 U.S.C. 2430d.
---------------------------------------------------------------------------
(b) Deposit of Payments.--Principal repayments of new
obligations shall be deposited in the United States Government
account established for principal repayments of the obligations
for which those obligations were exchanged.
SEC. 706.\1299\ INTEREST ON NEW OBLIGATIONS.
(a) Rate of Interest.--New obligations issued by a
beneficiary country pursuant to section 704(b) shall bear
interest at a concessional rate.
---------------------------------------------------------------------------
\1299\ 22 U.S.C. 2430e.
---------------------------------------------------------------------------
(b) Currency of Payment; Deposits.--
(1) Local currency.--If the beneficiary country has
entered into an Americas Framework Agreement, interest
shall be paid in the local currency of the beneficiary
country and deposited in an Americas Fund. Such
interest shall be the property of the beneficiary
country, until such time as it is disbursed pursuant to
section 707(d). Such local currencies shall be used for
the purposes specified in the Americas Framework
Agreement.
(2) United states dollars.--If the beneficiary
country has not entered into an Americas Framework
Agreement, interest shall be paid in United States
dollars and deposited in the United States Government
account established for interest payments of the
obligations for which the new obligations were
exchanged.
(c) Interest Already Paid.--If a beneficiary country enters
into an Americas Framework Agreement subsequent to the date on
which interest first became due on the newly issued obligation,
any interest already paid on such new obligation shall not be
redeposited into the Americas Fund established for that
country.
SEC. 707.\1300\ ENTERPRISE FOR THE AMERICAS FUNDS.
(a) Establishment.--Each beneficiary country that enters into
an Americas Framework Agreement shall be required to establish
an Enterprise for the Americas Fund to receive payments in
local currency pursuant to section 706(b)(1).
---------------------------------------------------------------------------
\1300\ 22 U.S.C. 2430f. Title V of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2009 (division H
of Public Law 111-8; 123 Stat. 857), provides the following:
---------------------------------------------------------------------------
``contribution to the enterprise for the americas multilateral investment
fund
---------------------------------------------------------------------------
``For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the fund, $25,000,000, to remain available until
expended.''.
---------------------------------------------------------------------------
(b) Deposits.--Local currencies deposited in an Americas Fund
shall not be considered assistance for purposes of any
provision of law limiting assistance to a country.
(c) Investment.--Deposits made in an Americas Fund shall be
invested until disbursed. Any return on such investment may be
retained by the Americas Fund, without deposit in the Treasury
of the United States and without further appropriation by the
Congress.
(d) Disbursements.--Funds in an Americas Fund shall be
disbursed only pursuant to an Americas Framework Agreement.
SEC. 708.\1301\ AMERICAS FRAMEWORK AGREEMENTS.
(a) Authority.--The Secretary of State is authorized, in
consultation with other appropriate Government officials, to
enter into an Americas Framework Agreement with any eligible
country concerning the operation and use of the Americas Fund
for that country. In the negotiation of such Agreements, the
Secretary shall consult with the Enterprise for the Americas
Board in accordance with section 709.
---------------------------------------------------------------------------
\1301\ 22 U.S.C. 2430g.
---------------------------------------------------------------------------
(b) Contents of Agreements.--An Americas Framework Agreement
with an eligible country shall--
(1) require that country to establish an Americas
Fund;
(2) require that country to make interest payments
under section 706(b)(1) into an Americas Fund;
(3) require that country to make prompt disbursements
from the Americas Fund to the administering body
described in subsection (c);
(4) when appropriate, seek to maintain the value of
the local currency resources of the Americas Fund in
terms of United States dollars;
(5) specify, in accordance with subsection (d), the
purposes for which amounts in an Americas Fund may be
used; and
(6) contain reasonable provisions for the enforcement
of the terms of the agreement.
(c) Administering Body.--
(1) In general.--Funds disbursed from the Americas
Fund in each beneficiary country shall be administered
by a body constituted under the laws of that country.
(2) Composition.--The administering body shall
consist of--
(A) one or more individuals appointed by the
United States Government,
(B) one or more individuals appointed by the
government of the beneficiary country, and
(C) individuals who represent a broad range
of--
(i) environmental nongovernmental
organizations of the beneficiary
country,
(ii) child survival and child
development nongovernmental
organizations of the beneficiary
country,
(iii) local community development
nongovernmental organizations of the
beneficiary country, and
(iv) scientific or academic
organizations or institutions of the
beneficiary country.
A majority of the members of the administering body
shall be individuals described in subparagraph (C).
(3) Responsibilities.--The administering body--
(A) shall receive proposals for grant
assistance from eligible grant recipients (as
determined under subsection (e)) and make
grants to eligible grant recipients in
accordance with the priorities agreed upon in
the Americas Framework Agreement, consistent
with subsection (d);
(B) shall be responsible for the management
of the program and oversight of grant
activities funded from resources of the
Americas Fund;
(C) shall be subject, on an annual basis, to
an audit of financial statements conducted in
accordance with generally accepted auditing
standards by an independent auditor;
(D) shall be required to grant to
representatives of the United States Government
Accountability Office \1302\ such access to
books and records associated with operations of
the Americas Fund as the Comptroller General of
the United States may request;
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\1302\ 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) shall present an annual program for
review each year by the Enterprise for the
Americas Board; and
(F) shall submit a report each year on the
activities that it undertook during the
previous year to the Chair of the Enterprise
for the Americas Board and to the government of
the beneficiary country.
(d) Eligible Activities.--Grants from an Americas Fund shall
be used for--
(1) activities that link the conservation and
sustainable use of natural resources with local
community development; and
(2) child survival and other child development
activities.
(e) Grant Recipients.--Grants made from an Americas Fund
shall be made to--
(1) nongovernmental environmental, conservation,
child survival and child development, development, and
indigenous peoples organizations of the beneficiary
country;
(2) other appropriate local or regional entities; and
(3) in exceptional circumstances, the government of
the beneficiary country.
(f) Review of Larger Grants.--Any grant of more than $100,000
from an Americas Fund shall be subject to veto by the
Government of the United States or the government of the
beneficiary country.
(g) Eligibility Criteria.--In the event that a country ceases
to meet the eligibility requirements set forth in section
703(a), as determined by the President pursuant to section
703(b), then grants from the Americas Fund for that country may
only be made to nongovernmental organizations until such time
as the President determines that such country meets the
eligibility requirements set forth in section 703(a).
SEC. 709.\1303\ ENTERPRISE FOR THE AMERICAS BOARD.
For purposes of this part, the Enterprise for the Americas
Board shall--
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\1303\ 22 U.S.C. 2430h.
---------------------------------------------------------------------------
(1) advise the Secretary of State on the negotiations
of Americas Framework Agreements;
(2) ensure, in consultation with--
(A) the government of the beneficiary
country,
(B) nongovernmental organizations of the
beneficiary country,
(C) nongovernmental organizations of the
region (if appropriate),
(D) environmental, scientific, child survival
and child development, and academic leaders of
the beneficiary country, and
(E) environmental, scientific, child survival
and child development, and academic leaders of
the region (as appropriate),
that a suitable administering body is identified for
each Americas Fund; and
(3) review the programs, operations, and fiscal
audits of each administering body.
SEC. 710.\1304\ ANNUAL REPORTS TO THE CONGRESS.
The annual reports submitted pursuant to section 614 of the
Food for Peace Act \1305\ (7 U.S.C. 1738mm) shall include a
description of each Americas Framework Agreement and a
description of any grants that have been extended by
administering bodies pursuant to an Americas Framework
Agreement.
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\1304\ 22 U.S.C. 2430i.
\1305\ Sec. 3001(b) of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural
Trade Development and Assistance Act of 1954'' and inserted in lieu
thereof ``Food for Peace Act''.
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PART V--DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH TROPICAL FORESTS
\1306\, \1307\
SEC. 801.\1308\ SHORT TITLE.
This part may be cited as the ``Tropical Forest
Conservation Act of 1998''.
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\1306\ Sec. 1 of Public Law 105-214 (112 Stat. 885) added part V.
An earlier part V, relating to Indochina Postwar Reconstruction, was
repealed by sec. 413 of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 761). An
earlier part VI, relating to assistance to the Middle East, had been
added by the FA Act of 1974, and was repealed by sec. 12(b)(4) of the
International Security Assistance Act of 1978 (Public Law 95-384; 92
Stat. 737).
See also Executive Order 13345 of July 8, 2004 (69 F.R. 41901), in
which the President assigned foreign affairs functions, requirements
under the Enterprise for the Americas Initiative, and the Tropical
Forest Conservation Act, under parts IV and V, to members of his
cabinet, in Legislation on Foreign Relations Through 2008, vol. I-B.
\1307\ Sec. 7083 of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 911), provides the following:
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``energy and environment
---------------------------------------------------------------------------
``Sec. 7083. (a) Clean Energy.--Of the funds appropriated by title
III of this Act, not less than $100,000,000 shall be made available to
the United States Agency for International Development (USAID), in
addition to funds otherwise made available for such purposes, for
programs and activities that reduce global warming by promoting the
sustainable use of renewable energy technologies and energy efficient
end-use technologies, carbon sequestration, and carbon accounting.
``(b) Climate Change Adaptation.--Of the funds appropriated by this
Act, up to $10,000,000 shall be made available for a United States
contribution to the Least Developed Countries Fund to support grants
for climate change adaptation programs and activities, if the Global
Environment Facility makes publicly available on its website an annual
report detailing the criteria used to determine which programs and
activities receive funds, the manner in which such programs and
activities meet such criteria, the extent of local involvement in such
programs and activities, the amount of funds provided, and the results
achieved.
``(c) Biodiversity.--Of the funds appropriated by title III of this
Act and by prior Acts for fiscal year 2009, not less than $195,000,000
shall be made available for programs and activities which directly
protect biodiversity, including tropical forests and wildlife, in
developing countries, of which not less than $25,000,000 shall be made
available for USAID's conservation programs in the Amazon Basin:
Provided, That of the funds made available under this paragraph, not
less than $17,500,000 shall be made available for the Congo Basin
Forest Partnership of which not less than $2,500,000 shall be made
available to the United States Fish and Wildlife Service for
conservation programs in Africa: Provided further, That funds
appropriated by this Act to carry out the provisions of sections 103
through 106, and chapter 4 of part II, of the Foreign Assistance Act of
1961 may be used, notwithstanding any other provision of law, for the
purpose of supporting tropical forestry and biodiversity conservation
activities and energy programs aimed at reducing greenhouse gas
emissions: Provided further, That funds appropriated under the heading
`Development Assistance' may be made available as a contribution to the
Galapagos Invasive Species Fund.
``(d)(1) Extraction of Natural Resources.--The Secretary of the
Treasury shall inform the managements of the international financial
institutions and the public that it is the policy of the United States
to oppose any assistance by such institutions (including but not
limited to any loan, credit, grant, or guarantee) for the extraction
and export of oil, gas, coal, timber, or other natural resource unless
the government of the country has in place functioning systems for: (i)
accurately accounting for payments for companies involved in the
extraction and export of natural resources; (ii) the independent
auditing of accounts receiving such payments and the widespread public
dissemination of the findings of such audits; and (iii) verifying
government receipts against company payments including widespread
dissemination of such payment information, and disclosing such
documents as Host Government Agreements, Concession Agreements, and
bidding documents, allowing in any such dissemination or disclosure for
the redaction of, or exceptions for, information that is commercially
proprietary or that would create competitive disadvantage.
``(2) Not later than 180 days after the enactment of this Act, the
Secretary of the Treasury shall submit a report to the Committees on
Appropriations describing, for each international financial
institution, the amount and type of assistance provided, by country,
for the extraction and export of oil, gas, coal, timber, or other
natural resources in the preceeding 12 months, and whether each
institution considered, in its proposal for such assistance, the extent
to which the country has functioning systems described in paragraph
(1).''.
Title III of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 853), provides the following:
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``debt restructuring
---------------------------------------------------------------------------
``For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as the
President may determine, for which funds have been appropriated or
otherwise made available for programs within the International Affairs
Budget Function 150, including the cost of selling, reducing, or
canceling amounts owed to the United States as a result of concessional
loans made to eligible countries, pursuant to parts IV and V of the
Foreign Assistance Act of 1961, of modifying concessional credit
agreements with least developed countries, as authorized under section
411 of the Agricultural Trade Development and Assistance Act of 1954,
as amended, of concessional loans, guarantees and credit agreements, as
authorized under section 572 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1989 (Public Law
100-461), and of canceling amounts owed, as a result of loans or
guarantees made pursuant to the Export-Import Bank Act of 1945, by
countries that are eligible for debt reduction pursuant to title V of
H.R. 3425 as enacted into law by section 1000(a)(5) of Public Law 106-
113, $60,000,000, to remain available until September 30, 2011:
Provided, That not less than $20,000,000 of the funds appropriated
under this heading shall be made available to carry out the provisions
of part V of the Foreign Assistance Act of 1961: Provided further, That
amounts paid to the HIPC Trust Fund may be used only to fund debt
reduction under the enhanced HIPC initiative by--
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``(1) the Inter-American Development Bank;
``(2) the African Development Fund;
``(3) the African Development Bank; and
``(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust Fund for the
benefit of any country if the Secretary of State has credible evidence that
the government of such country is engaged in a consistent pattern of gross
violations of internationally recognized human rights or in military or
civil conflict that undermines its ability to develop and implement
measures to alleviate poverty and to devote adequate human and financial
resources to that end: Provided further, That on the basis of final
appropriations, the Secretary of the Treasury shall consult with the
Committees on Appropriations concerning which countries and international
financial institutions are expected to benefit from a United States
contribution to the HIPC Trust Fund during the fiscal year: Provided
further, That the Secretary of the Treasury shall notify the Committees on
Appropriations not less than 15 days in advance of the signature of an
agreement by the United States to make payments to the HIPC Trust Fund of
amounts for such countries and institutions: Provided further, That the
Secretary of the Treasury may disburse funds designated for debt reduction
through the HIPC Trust Fund only for the benefit of countries that--
``(1) have committed, for a period of 24 months, not to accept new
market-rate loans from the international financial institution receiving
debt repayment as a result of such disbursement, other than loans made by
such institutions to export-oriented commercial projects that generate
foreign exchange which are generally referred to as `enclave' loans; and
``(2) have documented and demonstrated their commitment to redirect their
budgetary resources from international debt repayments to programs to
alleviate poverty and promote economic growth that are additional to or
expand upon those previously available for such purposes:
Provided further, That any limitation of subsection (e) of section 411 of
the Agricultural Trade Development and Assistance Act of 1954 shall not
apply to funds appropriated under this heading: Provided further, That none
of the funds made available under this heading in this or any other
appropriations Act shall be made available for Sudan or Burma unless the
Secretary of the Treasury determines and notifies the Committees on
Appropriations that a democratically elected government has taken
office.''.
---------------------------------------------------------------------------
\1308\ 22 U.S.C. 2151 note.
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SEC. 802.\1309\ FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
---------------------------------------------------------------------------
\1309\ 22 U.S.C. 2431.
---------------------------------------------------------------------------
(1) It is the established policy of the United States
to support and seek protection of tropical forests
around the world.
(2) Tropical forests provide a wide range of benefits
to humankind by--
(A) harboring a major share of the Earth's
biological and terrestrial resources, which are
the basis for developing pharmaceutical
products and revitalizing agricultural crops;
(B) playing a critical role as carbon sinks
in reducing greenhouse gases in the atmosphere,
thus moderating potential global climate
change; and
(C) regulating hydrological cycles on which
far-flung agricultural and coastal resources
depend.
(3) International negotiations and assistance
programs to conserve forest resources have proliferated
over the past decade, but the rapid rate of tropical
deforestation continues unabated.
(4) Developing countries with urgent needs for
investment and capital for development have allocated a
significant amount of their forests to logging
concessions.
(5) Poverty and economic pressures on the populations
of developing countries have, over time, resulted in
clearing of vast areas of forest for conversion to
agriculture, which is often unsustainable in the poor
soils underlying tropical forests.
(6) Debt reduction can reduce economic pressures on
developing countries and result in increased protection
for tropical forests.
(7) Finding economic benefits to local communities
from sustainable uses of tropical forests is critical
to the protection of tropical forests.
(b) Purposes.--The purposes of this part are--
(1) to recognize the values received by United States
citizens from protection of tropical forests;
(2) to facilitate greater protection of tropical
forests (and to give priority to protecting tropical
forests with the highest levels of biodiversity and
under the most severe threat) by providing for the
alleviation of debt in countries where tropical forests
are located, thus allowing the use of additional
resources to protect these critical resources and
reduce economic pressures that have led to
deforestation;
(3) to ensure that resources freed from debt in such
countries are targeted to protection of tropical
forests and their associated values; and
(4) to rechannel existing resources to facilitate the
protection of tropical forests.
SEC. 803.\1310\ DEFINITIONS.
As used in this part:
---------------------------------------------------------------------------
\1310\ 22 U.S.C. 2431a.
---------------------------------------------------------------------------
(1) Administering body.--The term ``administering
body'' means the entity provided for in section 809(c).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations
and the Committee on Appropriations of the
House of Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
(3) Beneficiary country.--The term ``beneficiary
country'' means an eligible country with respect to
which the authority of section 806(a)(1), section
807(a)(1), or paragraph (1) or (2) of section 808(a) is
exercised.
(4) Board.--The term ``Board'' means the board
referred to in section 811.
(5) Developing country with a tropical forest.--The
term ``developing country with a tropical forest''
means--
(A)(i) a country that has a per capita income
of $725 or less in 1994 United States dollars
(commonly referred to as ``low-income
country''), as determined and adjusted on an
annual basis by the International Bank for
Reconstruction and Development in its World
Development Report; or
(ii) a country that has a per capita income
of more than $725 but less than $8,956 in 1994
United States dollars (commonly referred to as
``middle-income country''), as determined and
adjusted on an annual basis by the
International Bank for Reconstruction and
Development in its World Development Report;
and
(B) a country that contains at least one
tropical forest that is globally outstanding in
terms of its biological diversity or represents
one of the larger intact blocks of tropical
forests left, on a regional, continental, or
global scale.
(6) Eligible country.--The term ``eligible country''
means a country designated by the President in
accordance with section 805.
(7) Tropical forest agreement.--The term ``Tropical
Forest Agreement'' or ``Agreement'' means a Tropical
Forest Agreement provided for in section 809.
(8) Tropical forest facility.--The term ``Tropical
Forest Facility'' or ``Facility'' means the Tropical
Forest Facility established in the Department of the
Treasury by section 804.
(9) Tropical forest fund.--The term ``Tropical Forest
Fund'' or ``Fund'' means a Tropical Forest Fund
provided for in section 810.
SEC. 804.\1311\ ESTABLISHMENT OF THE FACILITY.
There is established in the Department of the Treasury an
entity to be known as the ``Tropical Forest Facility'' for the
purpose of providing for the administration of debt reduction
in accordance with this part.
---------------------------------------------------------------------------
\1311\ 22 U.S.C. 2431b.
---------------------------------------------------------------------------
SEC. 805.\1312\ ELIGIBILITY FOR BENEFITS.
(a) In General.--To be eligible for benefits from the
Facility under this part, a country shall be a developing
country with a tropical forest--
---------------------------------------------------------------------------
\1312\ 22 U.S.C. 2431c.
---------------------------------------------------------------------------
(1) whose government meets the requirements
applicable to Latin American or Caribbean countries
under paragraphs (1) through (5) and (7) of section
703(a) of this Act; and
(2) that has put in place \1313\ investment reforms,
as evidenced by the conclusion of a bilateral
investment treaty with the United States,
implementation of an investment sector loan with the
Inter-American Development Bank, World Bank-supported
investment reforms, or other measures, as appropriate.
---------------------------------------------------------------------------
\1313\ Sec. 1 of Public Law 107-26 (115 Stat. 206) struck out
``major'' before ``investment''.
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(b) Eligibility Determinations.--
(1) In general.--Consistent with subsection (a), the
President shall determine whether a country is eligible
to receive benefits under this part.
(2) Congressional notification.--The President shall
notify the appropriate congressional committees of his
intention to designate a country as an eligible country
at least 15 days in advance of any formal
determination.
SEC. 806.\1314\ REDUCTION OF DEBT OWED TO THE UNITED STATES AS A RESULT
OF CONCESSIONAL LOANS UNDER THE FOREIGN ASSISTANCE
ACT OF 1961.
(a) Authority To Reduce Debt.--
---------------------------------------------------------------------------
\1314\ 22 U.S.C. 2431d.
---------------------------------------------------------------------------
(1) Authority.--The President may reduce the amount
owed to the United States (or any agency of the United
States) that is outstanding as of January 1, 1998, as a
result of concessional loans made to an eligible
country by the United States under part I of this Act,
chapter 4 of part II of this Act, or predecessor
foreign economic assistance legislation.
(2) Authorization of appropriations.--For the cost
(as defined in section 502(5) of the Federal Credit
Reform Act of 1990) for the reduction of any debt
pursuant to this section, there are authorized to be
appropriated to the President--
(A) $25,000,000 for fiscal year 1999;
(B) $75,000,000 for fiscal year 2000; and
(C) $100,000,000 for fiscal year 2001.
(3) Certain prohibitions inapplicable.--
(A) In general.--A reduction of debt pursuant
to this section shall not be considered
assistance for purposes of any provision of law
limiting assistance to a country.
(B) Additional requirement.--The authority of
this section may be exercised notwithstanding
section 620(r) of this Act or section 321 of
the International Development and Food
Assistance Act of 1975.
(b) Implementation of Debt Reduction.--
(1) In general.--Any debt reduction pursuant to
subsection (a) shall be accomplished at the direction
of the Facility by the exchange of a new obligation for
obligations of the type referred to in subsection (a)
outstanding as of the date specified in subsection
(a)(1).
(2) Exchange of obligations.--
(A) In general.--The Facility shall notify
the agency primarily responsible for
administering part I of this Act of an
agreement entered into under paragraph (1) with
an eligible country to exchange a new
obligation for outstanding obligations.
(B) Additional requirement.--At the direction
of the Facility, the old obligations that are
the subject of the agreement shall be canceled
and a new debt obligation for the country shall
be established relating to the agreement, and
the agency primarily responsible for
administering part I of this Act shall make an
adjustment in its accounts to reflect the debt
reduction.
(c) Additional Terms and Conditions.--(1) \1315\ The
following additional terms and conditions shall apply to the
reduction of debt under subsection (a)(1) in the same manner as
such terms and conditions apply to the reduction of debt under
section 704(a)(1) of this Act:
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\1315\ Sec. 3(a) of Public Law 108-323 (118 Stat. 1218) struck out
``The following'' and inserted in lieu thereof ``(1) The following'';
redesignated paras. (1) and (2) as subparas. (A) and (B); and added a
new para. (2).
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(A) \1315\ The provisions relating to repayment of
principal under section 705 of this Act.
(B) \1315\ The provisions relating to interest on new
obligations under section 706 of this Act.
(2) \1315\ In addition to the application of the provisions
relating to repayment of principal under section 705 of this
Act to the reduction of debt under subsection (a)(1) (in
accordance with paragraph (1)(A) of this subsection), repayment
of principal on a new obligation established under subsection
(b) may be made in the local currency of the beneficiary
country and deposited in the Tropical Forest Fund of the
country in the same manner as the provisions relating to
payment of interest on new obligations under section 706 of
this Act.
(d) \1316\ Authorization of Appropriations for Fiscal Years
After Fiscal Year 2001.--For the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990) for the
reduction of any debt pursuant to this section or section 807,
there are authorized to be appropriated to the President the
following:
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\1316\ Sec. 2(a) of Public Law 107-26 (115 Stat. 206) added subsec.
(d) through para. (3). Sec. 1 of Public Law 108323 (118 Stat.
1218) added paras. (4), (5), and (6).
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(1) $50,000,000 for fiscal year 2002.
(2) $75,000,000 for fiscal year 2003.
(3) $100,000,000 for fiscal year 2004.
(4) $20,000,000 for fiscal year 2005.
(5) $25,000,000 for fiscal year 2006.
(6) $30,000,000 for fiscal year 2007.
(e) \1317\ Use of Funds To Conduct Program Audits and
Evaluations.--Of the amounts made available to carry out this
part for a fiscal year, $200,000 is authorized to be made
available to carry out audits and evaluations of programs under
this part, including personnel costs associated with such
audits and evaluations.
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\1317\ Sec. 2 of Public Law 108-323 (118 Stat. 1218) added subsec.
(e).
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SEC. 807.\1318\ REDUCTION OF DEBT OWED TO THE UNITED STATES AS A RESULT
OF CREDITS EXTENDED UNDER TITLE I OF THE FOOD FOR
PEACE ACT.
(a) Authority To Reduce Debt.--
(1) Authority.--Notwithstanding any other provision
of law, the President may reduce the amount owed to the
United States (or any agency of the United States) that
is outstanding as of January 1, 1998, as a result of
any credits extended under title I of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C.
1701 et seq.) to a country eligible for benefits from
the Facility.
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\1318\ 22 U.S.C. 2431e. Sec. 3001(b) of the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246; 122 Stat. 1820) struck out
``agricultural trade development and assistance act of 1954'' and
inserted in lieu thereof ``food for peace act''.
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(2) Authorization of appropriations.--
(A) In general.--For the cost (as defined in
section 502(5) of the Federal Credit Reform Act
of 1990) for the reduction of any debt pursuant
to this section, there are authorized to be
appropriated to the President--
(i) $25,000,000 for fiscal year 1999;
(ii) $50,000,000 for fiscal year
2000; and
(iii) $50,000,000 for fiscal year
2001.
(B) Limitation.--The authority provided by
this section shall be available only to the
extent that appropriations for the cost (as
defined in section 502(5) of the Federal Credit
Reform Act of 1990) of the modification of any
debt pursuant to this section are made in
advance.
(b) Implementation of Debt Reduction.--
(1) In general.--Any debt reduction pursuant to
subsection (a) shall be accomplished at the direction
of the Facility by the exchange of a new obligation for
obligations of the type referred to in subsection (a)
outstanding as of the date specified in subsection
(a)(1).
(2) Exchange of obligations.--
(A) In general.--The Facility shall notify
the Commodity Credit Corporation of an
agreement entered into under paragraph (1) with
an eligible country to exchange a new
obligation for outstanding obligations.
(B) Additional requirement.--At the direction
of the Facility, the old obligations that are
the subject of the agreement shall be canceled
and a new debt obligation shall be established
for the country relating to the agreement, and
the Commodity Credit Corporation shall make an
adjustment in its accounts to reflect the debt
reduction.
(c) Additional Terms and Conditions.--(1) \1319\ The
following additional terms and conditions shall apply to the
reduction of debt under subsection (a)(1) in the same manner as
such terms and conditions apply to the reduction of debt under
section 604(a)(1) of the Food for Peace Act \1320\ (7 U.S.C.
1738c):
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\1319\ Sec. 3(b) of Public Law 108-323 (118 Stat. 1219) struck out
``The following'' and inserted in lieu thereof ``(1) The following'';
redesignated paras. (1) and (2) as subparas. (A) and (B); and added a
new para. (2).
\1320\ Sec. 3001(b) of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural
Trade Development and Assistance Act of 1954'' and inserted in lieu
thereof ``Food for Peace Act''.
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(A) \1319\ The provisions relating to repayment of
principal under section 605 of such Act.
(B) \1319\ The provisions relating to interest on new
obligations under section 606 of such Act.
(2) \1319\ In addition to the application of the provisions
relating to repayment of principal under section 605 of the
Food for Peace Act \1320\ to the reduction of debt under
subsection (a)(1) (in accordance with paragraph (1)(A) of this
subsection), repayment of principal on a new obligation
established under subsection (b) may be made in the local
currency of the beneficiary country and deposited in the
Tropical Forest Fund of the country in the same manner as the
provisions relating to payment of interest on new obligations
under section 606 of such Act.
SEC. 808.\1321\ AUTHORITY TO ENGAGE IN DEBT-FOR-NATURE SWAPS AND DEBT
BUYBACKS.
(a) Loans and Credits Eligible for Sale, Reduction, or
Cancellation.--
(1) Debt-for-nature swaps.--
(A) In general.--Notwithstanding any other
provision of law, the President may, in
accordance with this section, sell to any
eligible purchaser described in subparagraph
(B) any concessional loans described in section
806(a)(1) or any credits described in section
807(a)(1), or on receipt of payment from an
eligible purchaser described in subparagraph
(B), reduce or cancel such loans (or credits)
or portion thereof, only for the purpose of
facilitating a debt-for-nature swap to support
eligible activities described in section
809(d).
---------------------------------------------------------------------------
\1321\ 22 U.S.C. 2431f.
---------------------------------------------------------------------------
(B) Eligible purchaser described.--A loan or
credit may be sold, reduced, or canceled under
subparagraph (A) only to a purchaser who
presents plans satisfactory to the President
for using the loan or credit for the purpose of
engaging in debt-for-nature swaps to support
eligible activities described in section
809(d).
(C) Consultation requirement.--Before the
sale under subparagraph (A) to any eligible
purchaser described in subparagraph (B), or any
reduction or cancellation under such
subparagraph (A), of any loan or credit made to
an eligible country, the President shall
consult with the country concerning the amount
of loans or credits to be sold, reduced, or
canceled and their uses for debt-for-nature
swaps to support eligible activities described
in section 809(d).
(D) Authorization of appropriations.--For the
cost (as defined in section 502(5) of the
Federal Credit Reform Act of 1990) for the
reduction of any debt pursuant to subparagraph
(A), amounts authorized to be appropriated
under sections 806(a)(2), 807(a)(2), and 806(d)
\1322\ shall be made available for such
reduction of debt pursuant to subparagraph (A).
---------------------------------------------------------------------------
\1322\ Sec. 2(b) of Public Law 107-26 (115 Stat. 206) struck out
``to appropriated under sections 806(a)(2) and 807(a)(2)'' and inserted
in lieu thereof ``to be appropriated under sections 806(a)(2),
807(a)(2), and 806(d)''.
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(2) Debt buybacks.--Notwithstanding any other
provision of law, the President may, in accordance with
this section, sell to any eligible country any
concessional loans described in section 806(a)(1) or
any credits described in section 807(a)(1), or on
receipt of payment from an eligible country, reduce or
cancel such loans (or credits) or portion thereof, only
for the purpose of facilitating a debt buyback by an
eligible country of its own qualified debt, only if the
eligible country uses an additional amount of the local
currency of the eligible country, equal to not less
than the lessor of 40 percent of the price paid for
such debt by such eligible country, or the difference
between the price paid for such debt and the face value
of such debt, to support eligible activities described
in section 809(d).
(3) Limitation.--The authority provided by paragraphs
(1) and (2) shall be available only to the extent that
appropriations for the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990) of the
modification of any debt pursuant to such paragraphs
are made in advance.
(4) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance
with this section, establish the terms and conditions
under which loans and credits may be sold, reduced, or
canceled pursuant to this section.
(5) Administration.--
(A) In general.--The Facility shall notify
the administrator of the agency primarily
responsible for administering part I of this
Act or the Commodity Credit Corporation, as the
case may be, of eligible purchasers described
in paragraph (1)(B) that the President has
determined to be eligible under paragraph (1),
and shall direct such agency or Corporation, as
the case may be, to carry out the sale,
reduction, or cancellation of a loan pursuant
to such paragraph.
(B) Additional requirement.--Such agency or
Corporation, as the case may be, shall make an
adjustment in its accounts to reflect the sale,
reduction, or cancellation.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
SEC. 809.\1323\ TROPICAL FOREST AGREEMENT.
(a) Authority.--
(1) In general.--The Secretary of State is
authorized, in consultation with other appropriate
officials of the Federal Government, to enter into a
Tropical Forest Agreement with any eligible country
concerning the operation and use of the Fund for that
country.
---------------------------------------------------------------------------
\1323\ 22 U.S.C. 2431g.
---------------------------------------------------------------------------
(2) Consultation.--In the negotiation of such an
Agreement, the Secretary shall consult with the Board
in accordance with section 811.
(b) Contents of Agreement.--The requirements contained in
section 708(b) of this Act (relating to contents of an
agreement) shall apply to an Agreement in the same manner as
such requirements apply to an Americas Framework Agreement.
(c) Administering Body.--
(1) In general.--Amounts disbursed from the Fund in
each beneficiary country shall be administered by a
body constituted under the laws of that country.
(2) Composition.--
(A) In general.--The administering body shall
consist of--
(i) one or more individuals appointed
by the United States Government;
(ii) one or more individuals
appointed by the government of the
beneficiary country; and
(iii) individuals who represent a
broad range of--
(I) environmental
nongovernmental organizations
of, or active in, the
beneficiary country;
(II) local community
development nongovernmental
organizations of the
beneficiary country; and
(III) scientific, academic,
or forestry organizations of
the beneficiary country.
(B) Additional requirement.--A majority of
the members of the administering body shall be
individuals described in subparagraph (A)(iii).
(3) Responsibilities.--The requirements contained in
section 708(c)(3) of this Act (relating to
responsibilities of the administering body) shall apply
to an administering body described in paragraph (1) in
the same manner as such requirements apply to an
administering body described in section 708(c)(1) of
this Act.
(d) Eligible Activities.--Amounts deposited in a Fund shall
be used only to provide grants to conserve, maintain, and
restore the tropical forests in the beneficiary country,
through one or more of the following activities:
(1) Establishment, restoration, protection, and
maintenance of parks, protected areas, and reserves.
(2) Development and implementation of scientifically
sound systems of natural resource management, including
land and ecosystem management practices.
(3) Training programs to increase the scientific,
technical, and managerial capacities of individuals and
organizations involved in conservation efforts.
(4) Restoration, protection, or sustainable use of
diverse animal and plant species.
(5) Research and identification of medicinal uses of
tropical forest plant life to treat human diseases,
illnesses, and health related concerns.
(6) Development and support of the livelihoods of
individuals living in or near a tropical forest in a
manner consistent with protecting such tropical forest.
(e) Grant Recipients.--
(1) In general.--Grants made from a Fund shall be
made to--
(A) nongovernmental environmental, forestry,
conservation, and indigenous peoples
organizations of, or active in, the beneficiary
country;
(B) other appropriate local or regional
entities of, or active in, the beneficiary
country; or
(C) in exceptional circumstances, the
government of the beneficiary country.
(2) Priority.--In providing grants under paragraph
(1), priority shall be given to projects that are run
by nongovernmental organizations and other private
entities and that involve local communities in their
planning and execution.
(f) Review of Larger Grants.--Any grant of more than
$100,000 from a Fund shall be subject to veto by the Government
of the United States or the government of the beneficiary
country.
(g) Eligibility Criteria.--In the event that a country
ceases to meet the eligibility requirements set forth in
section 805(a), as determined by the President pursuant to
section 805(b), then grants from the Fund for that country may
only be made to nongovernmental organizations until such time
as the President determines that such country meets the
eligibility requirements set forth in section 805(a).
SEC. 810.\1324\ TROPICAL FOREST FUND.
(a) Establishment.--Each beneficiary country that enters
into a Tropical Forest Agreement under section 809 shall be
required to establish a Tropical Forest Fund to receive
payments of interest and principal \1325\ on new obligations
undertaken by the beneficiary country under this part.
---------------------------------------------------------------------------
\1324\ 22 U.S.C. 2431h.
\1325\ Sec. 3(c) of Public Law 108-323 (118 Stat. 1219) inserted
``and principal'' after ``interest''.
---------------------------------------------------------------------------
(b) Requirements Relating to Operation of Fund.--The
following terms and conditions shall apply to the Fund in the
same manner as such terms as conditions apply to an Enterprise
for the Americas Fund under section 707 of this Act:
(1) The provision relating to deposits under
subsection (b) of such section.
(2) The provision relating to investments under
subsection (c) of such section.
(3) The provision relating to disbursements under
subsection (d) of such section.
SEC. 811.\1326\ BOARD.
(a) Enterprise for the Americas Board.--The Enterprise for
the Americas Board established under section 610(a) of the Food
for Peace Act \1327\ (7 U.S.C. 1738i(a)) shall, in addition to
carrying out the responsibilities of the Board under section
610(c) of such Act, carry out the duties described in
subsection (c) of this section for the purposes of this part.
---------------------------------------------------------------------------
\1326\ 22 U.S.C. 2431i.
\1327\ Sec. 3001(b) of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural
Trade Development and Assistance Act of 1954'' and inserted in lieu
thereof ``Food for Peace Act''.
---------------------------------------------------------------------------
(b) Additional Membership.--
(1) In general.--The Enterprise for the Americas
Board shall be composed of an additional four members
appointed by the President as follows:
(A) Two representatives from the United
States Government, including a representative
of the International Forestry Division of the
United States Forest Service.
(B) Two representatives from private
nongovernmental environmental, scientific,
forestry, or academic organizations with
experience and expertise in preservation,
maintenance, sustainable uses, and restoration
of tropical forests.
(2) Chairperson.--Notwithstanding section 610(b)(2)
of the Food for Peace Act \1327\ (7 U.S.C.
1738i(b)(2)), the Enterprise for the Americas Board
shall be headed by a chairperson who shall be appointed
by the President and shall be the representative from
the Department of State appointed under section
610(b)(1)(A) of such Act''.\1328\
---------------------------------------------------------------------------
\1328\ Sec. 3 of Public Law 107-26 (115 Stat. 206) struck out
``from among the representatives appointed under section 610(b)(1)(A)
of such Act or paragraph (1)(A) of this subsection'' and inserted in
lieu thereof ``and shall be the representative from the Department of
State appointed under section 610(b)(1)(A) of such Act''.
---------------------------------------------------------------------------
(c) Duties.--The duties described in this subsection are as
follows:
(1) Advise the Secretary of State on the negotiations
of Tropical Forest Agreements.
(2) Ensure, in consultation with--
(A) the government of the beneficiary
country;
(B) nongovernmental organizations of the
beneficiary country;
(C) nongovernmental organizations of the
region (if appropriate);
(D) environmental, scientific, forestry, and
academic leaders of the beneficiary country;
and
(E) environmental, scientific, forestry, and
academic leaders of the region (as
appropriate), that a suitable administering
body is identified for each Fund.
(3) Review the programs, operations, and fiscal
audits of each administering body.
SEC. 812.\1329\ CONSULTATIONS WITH THE CONGRESS.
The President shall consult with the appropriate
congressional committees on a periodic basis to review the
operation of the Facility under this part and the eligibility
of countries for benefits from the Facility under this part.
---------------------------------------------------------------------------
\1329\ 22 U.S.C. 2431j.
---------------------------------------------------------------------------
SEC. 813.\1330\ ANNUAL REPORTS TO THE CONGRESS.
(a) In General.--Not later than December 31 of each year,
the President shall prepare and transmit to the Congress an
annual report concerning the operation of the Facility for the
prior fiscal year. Such report shall include--
---------------------------------------------------------------------------
\1330\ 22 U.S.C. 2431k.
---------------------------------------------------------------------------
(1) a description of the activities undertaken by the
Facility during the previous fiscal year;
(2) a description of any Agreement entered into under
this part;
(3) a report on any Funds that have been established
under this part and on the operations of such Funds;
and
(4) a description of any grants that have been
provided by administering bodies pursuant to Agreements
under this part.
(b) Supplemental Views in Annual Report.--Not later than
December 15 of each year, each member of the Board shall be
entitled to receive a copy of the report required under
subsection (a). Each member of the Board may prepare and submit
supplemental views to the President on the implementation of
this part by December 31 for inclusion in the annual report
when it is transmitted to Congress pursuant to this section.
b. The Arms Export Control Act
CONTENTS
Page
Chapter 1--Foreign and National Security Policy Objectives and
Restraints..................................................... 431
Section 1--The Need for International Defense Cooperation and
Military Export Controls................................... 431
Section 2--Coordination With Foreign Policy.................. 433
Section 3--Eligibility....................................... 434
Section 4--Purposes for Which Military Sales by the United
States Are Authorized...................................... 443
Section 5--Prohibition Against Discrimination................ 443
Section 6--Foreign Intimidation and Harassment of Individuals
in the United States....................................... 445
Chapter 2--Foreign Military Sales Authorizations................. 446
Section 21--Sales From Stocks................................ 446
Section 22--Procurement for Cash Sales....................... 455
Section 23--Credit Sales..................................... 457
Section 24--Guaranties....................................... 462
Section 25--Annual Estimate and Justification for Sales
Program.................................................... 463
Section 26--Security Assistance Surveys...................... 466
Section 27--Authority of President to Enter into Cooperative
Projects with Friendly Foreign Countries................... 466
Chapter 2A--Foreign Military Construction Sales.................. 470
Section 29--Foreign Military Construction Sales.............. 470
Chapter 2B--Sales to United States Companies for Incorporation
Into End Items................................................. 470
Section 30--General Authority................................ 470
Chapter 2C--Exchange of Training and Related Support............. 471
Section 30A--Exchange of Training and Related Support........ 471
Chapter 3--Military Export Controls.............................. 472
Section 31--Authorization and Aggregate Ceiling on Foreign
Military Sales Credits..................................... 472
Section 33--Restraint in Arms Sales to Sub-Saharan Africa.... 476
Section 34--Foreign Military Sales Credit Standards.......... 476
Section 35--Foreign Military Sales to Less Developed
Countries.................................................. 477
Section 36--Reports on Commercial and Governmental Military
Exports; Congressional Action.............................. 477
Section 37--Fiscal Provisions Relating to Foreign Military
Sales Credits.............................................. 492
Section 38--Control of Arms Exports and Imports.............. 493
Section 39--Fees of Military Sales Agents and Other Payments. 504
Section 39A--Prohibition on Incentive Payments............... 505
Section 40--Transactions With Countries Supporting Acts of
International Terrorism.................................... 507
Section 40A--Transactions With Countries Not Fully
Cooperating With United States Antiterrorism Efforts....... 515
Chapter 3A--End-Use Monitoring of Defense Articles and Defense
Services....................................................... 515
Section 40A--End-Use Monitoring of Defense Articles and
Defense Services........................................... 515
Chapter 4--General, Administrative, and Miscellaneous Provisions. 517
Section 41--Effective Date................................... 517
Section 42--General Provisions............................... 517
Section 43--Administrative Expenses.......................... 519
Section 44--Statutory Construction........................... 519
Section 45--Statutes Repealed and Amended.................... 520
Section 46--Savings Provisions............................... 520
Section 47--Definitions...................................... 520
Chapter 5--Special Defense Acquisition Fund...................... 522
Section 51--Special Defense Acquisition Fund................. 522
Section 52--Use and Transfer of Items Procured by the Fund... 524
Chapter 6--Leases of Defense Articles and Loan Authority for
Cooperative Research and Development Purposes.................. 524
Section 61--Leasing Authority................................ 524
Section 62--Reports to the Congress.......................... 526
Section 63--Legislative Review............................... 527
Section 64--Application of Other Provisions of Law........... 528
Section 65--Loan of Materials, Supplies, and Equipment for
Research and Development Purposes.......................... 528
Chapter 7--Control of Missiles and Missile Equipment Technology.. 529
Section 71--Licensing........................................ 529
Section 72--Denial of the Transfer of Missile Equipment or
Technology by United States Persons........................ 531
Section 73--Transfers of Missile Equipment or Technology by
Foreign Persons............................................ 532
Section 73A--Notification of Admittance of MTCR Adherents.... 536
Section 73B--Authority Relating to MTCR Adherents............ 536
Section 74--Definitions...................................... 536
Chapter 8--Chemical or Biological Weapons Proliferation.......... 538
Section 81--Sanctions Against Certain Foreign Persons........ 538
Chapter 9--Transfer of Certain CFE Treaty-Limited Equipment to
NATO Members................................................... 541
Section 91--Purpose.......................................... 541
Section 92--CFE Treaty Obligations........................... 542
Section 93--Authorities...................................... 542
Section 94--Notifications and Reports to Congress............ 543
Section 95--Definitions...................................... 543
Chapter 10--Nuclear Nonproliferation Controls.................... 544
Section 101--Nuclear Enrichment Transfers.................... 544
Section 102--Nuclear Reprocessing Transfers, Illegal Exports
for Nuclear Explosive Devices, Transfers of Nuclear
Explosive Devices, and Nuclear Detonations................. 545
Section 103--Definition of Nuclear Explosive Device.......... 552
b. The Arms Export Control Act
Public Law 90-629 [H.R. 15681], 82 Stat. 1320, approved October 22,
1968, as amended by Public Law 91-672 [H.R. 15628], 84 Stat. 2053,
approved January 12, 1971; Public Law 92-226 [Foreign Assistance
Act of 1971, S. 2819], 86 Stat. 20, 32, approved February 7, 1972;
Public Law 93-189 [Foreign Assistance Act of 1973, S. 1443], 87
Stat. 714, approved December 17, 1973; Public Law 93-559 [Foreign
Assistance Act of 1974, S. 3394], 88 Stat. 1795, 1813, approved
December 31, 1974; Public Law 94-329 [International Security
Assistance and Arms Export Control Act of 1976, H.R. 13680], 90
Stat. 729, approved June 30, 1976; Public Law 95-92 [International
Security Assistance Act of 1977, H.R. 6884], 91 Stat. 614, approved
August 4, 1977; Public Law 95-105 [Foreign Relations Authorization
Act, Fiscal Year 1978; H.R. 6689], 91 Stat. 844 at 846, approved
August 17, 1977; Public Law 95-384 [International Security
Assistance Act of 1978, S. 3075], 92 Stat. 730, approved September
26, 1978; Public Law 96-70 [Panama Canal Act of 1979; H.R. 111], 93
Stat. 452 at 499, approved September 27, 1979; Public Law 96-72
[Export Administration Act of 1979, S. 737], 93 Stat. 503 at 535,
approved September 29, 1979; Public Law 96-92 [International
Security Assistance Act of 1979; H.R. 3173], 93 Stat. 701, approved
October 29, 1979; Public Law 96-533 [International Security and
Development Cooperation Act of 1980; H.R. 6942], 94 Stat. 3131,
approved December 16, 1980; Public Law 97-113 [International
Security and Development Cooperation Act of 1981; S. 1196], 95
Stat. 1519, approved December 29, 1981; Public Law 97-392 [H.R.
6758], 96 Stat. 1962, approved December 29, 1982; Public Law 98-151
[Further Continuing Appropriations, 1984; H.J. Res. 413], 97 Stat.
964, approved November 14, 1983; Public Law 98-473 [Continuing
Appropriations Act, 1985; H.J. Res. 648], 98 Stat. 1837, approved
October 12, 1984; Public Law 99-64 [Export Administration
Amendments Act of 1985, S. 883], 99 Stat. 156, approved July 12,
1985; Public Law 99-83 [International Security and Development
Cooperation Act of 1985, S. 960], 99 Stat. 190, approved August 8,
1985; Public Law 99-139 [Act to amend Sec. 51(b) of the Arms Export
Control Act, S. 1726], 99 Stat. 562, approved October 30, 1985;
Public Law 99-247 [Act to amend the Arms Export Control Act to
require that congressional vetoes of certain arms export proposals
be enacted into law, S. 1831], 100 Stat. 9, approved February 12,
1986; Public Law 99-399 [Omnibus Diplomatic Security and
Antiterrorism Act of 1986; H.R. 4151], 100 Stat. 853, approved
August 27, 1986; Public Law 99-433 [Department of Defense
Reorganization Act of 1986, H.R. 3622], 100 Stat. 992, approved
October 1, 1986; Public Law 99-514 [Tax Reform Act of 1986; H.R.
3838], 100 Stat. 2085, approved October 22, 1986; Public Law 99-591
[Continuing Appropriations Act, 1987; H.J. Res. 738], 100 Stat.
3341, approved October 30, 1986; Public Law 99-661 [National
Defense Authorization Act for Fiscal Year 1987, S. 2638], 100 Stat.
3816, approved November 14, 1986; Public Law 100-71 [Supplemental
Appropriations Act, 1987; H.R. 1827], 101 Stat. 391, approved July
11, 1987; Public Law 100-202 [Continuing Appropriations Act, 1988;
H.J. Res. 395], 101 Stat. 1329, approved December 22, 1987; Public
Law 100-204 [Foreign Relations Authorization Act, 1988 and 1989;
H.R. 1777], 101 Stat. 1331, approved December 22, 1987; Public Law
100-456 [National Defense Authorization Act, 1989; H.R. 4481], 102
Stat. 1918, approved September 29, 1988; Public Law 100-461
[Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989; H.R. 4637], 102 Stat. 2268, approved
October 1, 1988; Public Law 101-165 [Department of Defense
Appropriations Act, 1990; H.R. 3072], 103 Stat. 1112, approved
November 21, 1989; Public Law 101-167 [Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990; H.R.
3743], 103 Stat. 1195, approved November 21, 1989; Public Law 101-
222 [Anti-Terrorism and Arms Export Amendments Act of 1989, H.R.
91], 103 Stat. 1892, approved December 12, 1989; Public Law 101-231
[International Narcotics Control Act of 1989, H.R. 3611], 103 Stat.
1954, approved December 13, 1989; Public Law 101-510 [National
Defense Authorization for Fiscal Year 1991, H.R. 4739], 104 Stat.
1485, approved November 5, 1990; Public Law 101-513 [Foreign
Operations, Export Financing, and Related Programs Appropriations
Act, 1991; H.R. 5114], 104 Stat. 1979, approved November 5, 1990;
Public Law 102-25 [Persian Gulf Conflict Supplemental Authorization
and Personnel Benefits Act of 1991; S. 725], 105 Stat. 75, approved
April 6, 1991; Public Law 102-138 [Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 647,
approved October 28, 1991; Public Law 102-182 [title III--Chemical
and Biological Weapons Control and Warfare Elimination Act of 1991;
H.R. 1724], 105 Stat. 1233 at 1245; approved December 4, 1991; sec.
545 of H.R. 2621 as passed by the House on June 19, 1991, enacted
by reference in Public Law 102-145 [H.J. Res. 360; 105 Stat. 968,
approved October 28, 1991; Public Law 102-228 [Conventional Forces
in Europe Treaty Implementation Act of 1991; H.R. 3807], 105 Stat.
1691, approved December 12, 1991; Public Law 102-391 [Foreign
Operations, Export Financing, and Related Programs Appropriations
Act, 1993; H.R. 5368], 106 Stat. 1633, approved October 6, 1992;
Public Law 102-429 [Export Enhancement Act of 1992; H.R. 5739], 106
Stat. 2186, approved October 21, 1992; Public Law 102-484 [National
Defense Authorization Act for Fiscal Year 1993, H.R. 5006], 106
Stat. 2315, approved October 23, 1992; Public Law 102-583
[International Narcotics Control Act of 1992; H.R. 6187], 106 Stat.
4914, approved November 2, 1992; Public Law 103-87 [Foreign
Operations, Export Financing, and Related Programs Appropriations
Act, 1994; H.R. 2295], 107 Stat. 931, approved September 30, 1993;
Public Law 103-199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317,
approved December 17, 1993; Public Law 103-236 [Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108
Stat. 382, approved April 30, 1994; Public Law 103-306 [Foreign
Operations, Export Financing, and Related Programs Appropriations
Act, 1995; H.R. 4426], 108 Stat. 1608, approved August 23, 1994;
Public Law 103-437 [United States Code Technical Amendments; H.R.
4777], 108 Stat. 4581, approved November 2, 1994; Public Law 104-99
[Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1996; H.R. 1868], enacted by reference in
section 301 of H.R. 2880, 110 Stat. 26, approved January 26, 1996,
enacted again as Public Law 104-107 [H.R. 1868], 110 Stat. 755,
approved February 12, 1996; Public Law 104-106 [National Defense
Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186,
approved February 10, 1996; Public Law 104-132 [Antiterrorism and
Effective Death Penalty Act of 1996; S. 735], 110 Stat. 1214,
approved April 24, 1996; Public Law 104-164 [H.R. 3121], 110 Stat.
1421, approved July 21, 1996; Public Law 104-201 [National Defense
Authorization Act for Fiscal Year 1997, H.R. 3230], 110 Stat. 2422,
approved September 23, 1996; Public Law 104-208 [Omnibus
Consolidated Appropriations Act, 1997; H.R. 3610], 110 Stat. 3009,
approved September 30, 1996; Public Law 105-118 [Foreign
Operations, Export Financing, and Related Programs Appropriations
Act, 1998; H.R. 2159], 111 Stat. 2386, approved November 26, 1997;
Public Law 105-194 [Agriculture Export Relief Act of 1998; S.
2282], 112 Stat. 627, approved July 14, 1998; Public Law 105-277
[Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1999; and Foreign Affairs Agencies
Consolidation Act of 1998; H.R. 4328], 112 Stat. 2681, approved
October 21, 1998; Public Law 106-113 [Arms Control,
Nonproliferation, and Security Assistance Act of 1999; division B
of H.R. 3427, enacted by reference in sec. 1000(a)(7) of
Consolidated Appropriations Act for Fiscal Year 2000; H.R. 3194],
113 Stat. 1501, approved November 29, 1999; Public Law 106-113
[Arms Control and Nonproliferation Act of 1999; title XI of H.R.
3427, enacted by reference in sec. 1000(a)(7) of Consolidated
Appropriations Act for Fiscal Year 2000; H.R. 3194], 113 Stat.
1501, approved November 29, 1999; Public Law 106-113 [Security
Assistance Act of 1999; title XII of H.R. 3427, enacted by
reference in sec. 1000(a)(7) of Consolidated Appropriations Act for
Fiscal Year 2000; H.R. 3194], 113 Stat. 1501, approved November 29,
1999; Public Law 106-113 [Defense Offsets Disclosure Act of 1999;
subtitle D, title XII of H.R. 3427, enacted by reference in sec.
1000(a)(7) of Consolidated Appropriations Act for Fiscal Year 2000;
H.R. 3194], 113 Stat. 1501, approved November 29, 1999; Public Law
106-280 [Security Assistance Act of 2000; H.R. 4919], 114 Stat.
845, approved October 6, 2000; Public Law 107-228 [Foreign
Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 116
Stat. 1350, approved September 30, 2002; Public Law 108-458
[Intelligence Reform and Terrorism Prevention Act of 2004; S.
2845], 118 Stat. 3638, approved December 17, 2004; Public Law 109-
102 [Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006; H.R. 3057], 119 Stat. 2172, approved
November 14, 2005; Public Law 110-246 [Food, Conservation, and
Energy Act of 2008; H.R. 6124], 122 Stat. 1651, enacted over the
President's veto June 18, 2008; and Public Law 110-429 [Naval
Vessel Transfer Act of 2008; H.R. 7177], 122 Stat. 4842, approved
October 15, 2008
AN ACT To consolidate and revise foreign assistance legislation
relating to reimbursable military exports.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Arms Export Control Act''.\1\
---------------------------------------------------------------------------
\1\ Sec. 201 of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 734) struck out
``Foreign Military Sales Act'' and inserted in lieu thereof ``Arms
Export Control Act''. Sec. 201 further stated that ``any reference to
the Foreign Military Sales Act shall be deemed to be a reference to the
Arms Export Control Act.''.
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Chapter 1--FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND
RESTRAINTS
Section 1.\2\ The Need for International Defense
Cooperation and Military Export Controls.--As declared by the
Congress in the Arms Control and Disarmament Act, an ultimate
goal of the United States continues to be a world which is free
from the scourge of war and the dangers and burdens of
armaments; in which the use of force has been subordinated to
the rule of law; and in which international adjustments to a
changing world are achieved peacefully. In furtherance of that
goal, it remains the policy of the United States to encourage
regional arms control and disarmament agreements and to
discourage arms races.
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\2\ 22 U.S.C. 2751. See also sec. 1228 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
377), relating to tracking defense articles provided to the Government
of Iraq and others in that country; sec. 12 of the Department of State
Authorities Act of 2006 (Public Law 109-472; 120 Stat. 3558),
authorizing the imposition of sanctions to deter the transfer of man-
portable surface-to-air missile systems (MANPADS); sec. 1225 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 118 Stat. 2091), relating to bilateral
exchanges and trade in defense articles and defense services between
the United States and the United Kingdom and Australia; and sec. 4026
of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public
Law 108-458; 118 Stat. 3724), stating U.S. policy on the proliferation
of MANPADS. Regarding the latter, see also sec. 6902 in the same Act,
stating congressional findings on MANPADS and other destructive
weapons.
See also sec. 1605 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1845), establishing the
Joint Committee for Review of Counterproliferation Programs of the
United States; sec. 1503 of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2916), relating to a
report of the findings of the Counterproliferation Program Review
Committee; sec. 154 of Public Law 104-164 (110 Stat. 1440), relating to
Panama's eligibility under this Act, in Legislation on Foreign
Relations Through 2008, vol. I-B.
See also sec. 564 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 484) relating
to prohibiting sales and leases to those participating in or supporting
the Arab boycott of Israel, in Legislation on Foreign Relations Through
2008, vol. II-A.
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The Congress recognizes, however, that the United States
and other free and independent countries continue to have valid
requirements for effective and mutually beneficial defense
relationships in order to maintain and foster the environment
of international peace and security essential to social,
economic, and political progress. Because of the growing cost
and complexity of defense equipment, it is increasingly
difficult and uneconomic for any country, particularly a
developing country, to fill all of its legitimate defense
requirements from its own design and production base. The need
for international defense cooperation among the United States
and those friendly countries to which it is allied by mutual
defense treaties is especially important, since the
effectiveness of their armed forces to act in concert to deter
or defeat aggression is directly related to the operational
compatibility of their defense equipment.
Accordingly, it remains the policy of the United States to
facilitate the common defense by entering into international
arrangements with friendly countries which further the
objective of applying agreed resources of each country to
programs and projects of cooperative exchange of data,
research, development, production, procurement, and logistics
support to achieve specific national defense requirements and
objectives of mutual concern. To this end, this Act authorizes
sales by the United States Government to friendly countries
having sufficient wealth to maintain and equip their own
military forces at adequate strength, or to assume
progressively larger shares of the costs thereof, without undue
burden to their economies, in accordance with the restraints
and control measures specified herein and in furtherance of the
security objectives of the United States and of the purposes
and principles of the United Nations Charter.
It is the sense of the Congress that all such sales be
approved only when they are consistent with the foreign policy
interests of the United States, the purposes of the foreign
assistance program of the United States as embodied in the
Foreign Assistance Act of 1961, as amended, the extent and
character of the military requirement, and the economic and
financial capability of the recipient country, with particular
regard being given, where appropriate, to proper balance among
such sales, grant military assistance, and economic assistance
as well as to the impact of the sales on programs of social and
economic development and on existing or incipient arms
races.\3\
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\3\ A para., as amended by sec. 4 of Public Law 91-672 and which
had previously appeared at this point, was repealed by sec. 734(a)(10)
of the International Security and Development Cooperation Act of 1981
(Public Law 97-113; 95 Stat. 1560). It formerly read as follows:
``It is further the sense of Congress that sales and guaranties
under sections 21, 22, 23, and 24, shall not be approved where they
would have the effect of arming military dictators who are denying the
growth of fundamental rights or social progress to their own people:
Provided, That the President may waive this limitation when he
determines it would be important to the security of the United States,
and promptly so reports to the Speaker of the House of Representatives
and the Committee on Foreign Relations in the Senate.''.
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It shall be the policy of the United States to exert
leadership in the world community to bring about arrangements
for reducing the international trade in implements of war and
to lessen the danger of outbreak of regional conflict and the
burdens of armaments. United States programs for or procedures
governing the export, sale, and grant of defense articles and
defense services to foreign countries and international
organizations shall be administered in a manner which will
carry out this policy.
It is the sense of the Congress that the President should
seek to initiate multilateral discussions for the purpose of
reaching agreements among the principal arms suppliers and arms
purchasers and other countries with respect to the control of
the international trade in armaments. It is further the sense
of Congress that the President should work actively with all
nations to check and control the international sale and
distribution of conventional weapons of death and destruction
and to encourage regional arms control arrangements. In
furtherance of this policy, the President should undertake a
concerted effort to convene an international conference of
major arms-supplying and arms-purchasing nations which shall
consider measures to limit conventional arms transfers in the
interest of international peace and stability.
It is the sense of the Congress that the aggregate value of
defense articles and defense services--
(1) which are sold under section 21 or section 22 of
this Act; or
(2) which are licensed or approved for export under
section 38 of this Act to, for the use, or for benefit
of the armed forces, police, intelligence, or other
internal security forces of a foreign country or
international organization under a commercial sales
contract;
in any fiscal year should not exceed current levels.\4\
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\4\ Sec. 202(a) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 734) amended
sec. 1 by striking out the last para. and adding the language beginning
with ``It shall be the policy of the United States''. The last para. of
sec. 1 formerly read as follows:
``In order to reduce the role of the United States Government in
the furnishing of defense articles and defense services to foreign
countries and international organizations, and return such transactions
to commercial channels, the United States Government shall reduce its
sales, credit sales, and guaranties of such articles, and defense
services as soon as, and to the maximum extent, practicable.''.
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It is the sense of the Congress that the President maintain
adherence to a policy of restraint in conventional arms
transfers and that, in implementing this policy worldwide, a
balanced approach should be taken and full regard given to the
security interests of the United States in all regions of the
world and that particular attention should be paid to
controlling the flow of conventional arms to the nations of the
developing world. To this end, the President is encouraged to
continue discussions with other arms suppliers in order to
restrain the flow of conventional arms to less developed
countries.\5\
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\5\ Sec. 15(a) of the International Security Assistance Act of 1978
(92 Stat. 739) added this para. Sec. 15(b) of the same Act required a
report from the President to the Congress by December 31, 1979,
concerning the implications of the multilateral discussions referred to
in the para.
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Sec. 2.\6\ Coordination With Foreign Policy.--(a) Nothing
contained in this Act shall be construed to infringe upon the
powers or functions of the Secretary of State.
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\6\ 22 U.S.C. 2752. See also Presidential determinations, in notes
at sec. 38.
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(b) \7\ Under the direction of the President, the Secretary
of State (taking into account other United States activities
abroad, such as military assistance, economic assistance, and
food for peace program) shall be responsible for the continuous
supervision and general direction of sales, leases, financing,
cooperative projects, and exports under this Act, including,
but not limited to, determining--
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\7\ Sec. 115(b) of Public Law 99-83 (99 Stat. 201) amended and
restated subsec. (b). It previously read as follows:
``(b) Under the direction of the President, the Secretary of State,
taking into account other United States activities abroad, such as
military assistance, economic assistance, and food for freedom, shall
be responsible for the continuous supervision and general direction of
sales, leases, and exports under this Act, including, but not limited
to, determining whether there shall be a sale to a country and the
amount thereof, whether there shall be a lease to a country, and
whether there shall be delivery or other performance under such sale,
lease, or export, to the end that sales, leases, and exports are
integrated with other United States activities and the foreign policy
of the United States is best served thereby.''.
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(1) whether there will be a sale to or financing for
a country and the amount thereof;
(2) whether there will be a lease to a country;
(3) whether there will be a cooperative project and
the scope thereof; and
(4) whether there will be delivery or other
performance under the sale, lease, cooperative project,
or export,
to the end that sales, financing, leases, cooperative projects,
and exports will be integrated with other United States
activities and to the end that the foreign policy of the United
States would be best served thereby.
(c) The President shall prescribe appropriate procedures to
assure coordination among representatives of the United States
Government in each country, under the leadership of the Chief
of the United States Diplomatic Mission. The Chief of the
diplomatic mission shall make sure that recommendations of such
representatives pertaining to sales are coordinated with
political and economic considerations, and his comments shall
accompany such recommendations if he so desires.
Sec. 3.\8\ Eligibility.--(a) No defense article or defense
service shall be sold or leased \9\ by the United States
Government under this Act to any country or international
organization,\10\ and no agreement shall be entered into for a
cooperative project (as defined in section 27 of this Act),
unless--
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\8\ 22 U.S.C. 2753. Sec. 7045(b) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2009
(division H of Public law 111-8; 123 Stat. 885), provides the
following:
---------------------------------------------------------------------------
``western hemisphere
---------------------------------------------------------------------------
``Sec. 7045. * * * (b) Haiti.--
---------------------------------------------------------------------------
``(1) The Government of Haiti shall be eligible to purchase defense
articles and services under the Arms Export Control Act (22 U.S.C. 2751 et
seq.), for the Coast Guard.
``(2) Of the funds appropriated by this Act under titles III and IV, not
less than $251,126,000 shall be made available for assistance for Haiti.
``(3) None of the funds made available by this Act under the heading
`International Narcotics Control and Law Enforcement' may be used to
transfer excess weapons, ammunition or other lethal property of an agency
of the United States Government to the Government of Haiti for use by the
Haitian National Police until the Secretary of State reports to the
Committees on Appropriations that any members of the Haitian National
Police who have been credibly alleged to have committed serious crimes,
including drug trafficking and violations of internationally recognized
human rights, have been suspended.''.
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Language similar to that of subsec. (b)(1) of the appropriations
measure was first enacted as sec. 582 of the Foreign Assistance
Appropriations Act, 1997. Prior to FY 2001, the section stated
eligibility for both Haiti's Coast Guard and the civilian-led Haitian
National Police.
See also sec. 203 of the Naval Vessel Transfer Act of 2008 (Public
Law 110-429; 122 Stat. 4844), relating to security cooperation with the
Republic of Korea.
Sec. 906 of the FREEDOM Support Act (Public Law 102-511; 106 Stat.
3356) provided the following:
---------------------------------------------------------------------------
``sec. 906. eligibility of baltic states for nonlethal defense articles.
---------------------------------------------------------------------------
``(a) Eligibility.--Estonia, Latvia, and Lithuania shall each be
eligible--
---------------------------------------------------------------------------
``(1) to purchase, or to receive financing for the purchase of, nonlethal
defense articles--
``(A) under the Arms Export Control Act (22 U.S.C. 2751 et seq.), without
regard to section 3(a)(1) of that Act, or
``(B) under section 503 of the Foreign Assistance Act of 1961 (22 U.S.C.
2311), without regard to the requirement in subsection (a) of that section
for a Presidential finding; and
``(2) to receive nonlethal excess defense articles transferred under
section 519 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321m),
without regard to the restrictions in subsection (a) of that section.
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``(b) Definitions.--As used in this section--
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``(1) the term `defense article' has the same meaning given to that term
in section 47(3) of the Arms Export Control Act (22 U.S.C. 2794(3)); and
``(2) the term `excess defense article' has the same meaning given to
that term in section 644(g) of the Foreign Assistance Act of 1961 (22
U.S.C. 2403(g)).''.
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\9\ Sec. 109(b)(2)(A) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1526) inserted
``or leased''.
\10\ Sec. 115(b)(2)(A) of the International Security and
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 201)
inserted ``and no agreement shall be entered into for a cooperative
project (as defined in section 27 of this Act)''.
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(1) \11\ the President finds that the furnishing of
defense articles and defense services to such country
or international organization will strengthen the
security of the United States and promote world peace;
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\11\ In 2008, the President determined ``that the furnishing of
defense articles and defense services to Kosovo will strengthen the
security of the United States and promote world peace'' (Presidential
Determination No. 2008-15 of March 19, 2008; 73 F.R. 17241).
In 2007, the President made similar determinations for the Republic
of Montenegro and the Republic of Serbia (Presidential Determination
No. 2007-15 of March 19, 2007; 72 F.R. 15009).
In 2006, the President made similar determinations for Swaziland
(Presidential Determination No. 2006-16 of June 19, 2006; 71 F.R.
36439; 71 F.R. 36479); and Vietnam (Presidential Determination No.
2007-10 of December 29, 2006; 72 F.R. 1903).
No determinations related to this section were published in 2005.
In 2004, the President made similar determinations for the Regional
Security System (RSS) (Presidential Determination No. 2004-20 of
January 5, 2004; 69 F.R. 2477); Iraq (Presidential Determination No.
2004-40 of July 21, 2004; 69 F.R. 46399); and the African Union
(Presidential Determination No. 2004-50 of September 24, 2004; 69 F.R.
58789).
In 2003, the President made a similar determination for Serbia and
Montenegro (Presidential Determination No. 2003-22 of May 6, 2003; 68
F.R. 25809).
In 2002, the President made similar determinations for Palau,
Kiribati, and Tuvalu (Presidential Determination No. 2002-09 of March
12, 2002; 67 F.R. 13245); Armenia, Azerbaijan, and Tajikistan
(Presidential Determination No. 2002-15 of April 18, 2002; 67 F.R.
20429); and East Timor (Presidential Determination No. 02-19 of May 27,
2002; 67 F.R. 39245).
The President made no determinations pursuant to this sec. from
1998 through 2001.
In 1997, the President made similar determinations for Georgia,
Kazakstan, Kyrgyzstan, Moldova, Turkmenistan, Russia, Ukraine, and
Uzbekistan (Presidential Determination No. 97-19 of March 11, 1997; 62
F.R. 13531).
In 1995 and 1996, the President made similar determinations for
Angola (Presidential Determination No. 95-32 of July 28, 1995; 60 F.R.
40255); Mongolia (Presidential Determination No. 95-38 of August 22,
1995; 60 F.R. 50069); Bosnia and Herzegovina (Presidential
Determination No. 96-10 of February 23, 1996; 61 F.R. 8463); Slovenia
and the Former Yugoslav Republic of Macedonia (Presidential
Determination No. 96-18 of March 8, 1996; 61 F.R. 11497).
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(2) the country or international organization shall
have agreed not to transfer title to, or possession of,
any defense article or related training or other
defense service \12\ so furnished to it, or produced in
a cooperative project (as defined in section 27 of this
Act),\13\ to anyone not an officer, employee, or agent
of that country or international organization (or the
North Atlantic Treaty Organization or the specific
member countries (other than the United States) in the
case of a cooperative project) \14\ and not to use or
permit the use of such article or related training or
other defense service \12\ for purposes other than
those for which furnished \15\ unless the consent of
the President has first been obtained;
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\12\ Sec. 203(a) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 735) inserted
``or related training or other defense service''.
\13\ Sec. 115(b)(2)(B)(i) of Public Law 99-83 (99 Stat. 201)
inserted ``or produced in a cooperative project (as defined in section
27 of this Act''.
\14\ Sec. 115(b)(2)(B)(ii) of Public Law 99-83 (99 Stat. 201)
inserted ``(or the North Atlantic Treaty Organization or the specific
member countries (other than the United States) in the case of a
cooperative project)''.
\15\ Sec. 25(2) of the FA Act of 1973 (Public Law 93-189) struck
out ``and'' at the end of para. (2) and inserted in lieu thereof ``and
not to use or permit the use of such article for purposes other than
those for which furnished''.
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(3) \16\ the country or international organization
shall have agreed that it will maintain the security of
such article or service \17\ and will provide
substantially the same degree of security protection
afforded to such article or service \17\ by the United
States Government; and
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\16\ Sec. 25(2)(B) of the FA Act of 1973 (Public Law 93-189)
redesignated former para. (3) as para. (4) and added a new para. (3).
\17\ Sec. 115(b)(2)(c) of Public Law 99-83 (99 Stat. 201) inserted
``or service''. Sec. 1102(3)(C) of Public Law 99-145 (99 Stat. 710)
made the same amendment.
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(4) \16\ the country or international organization is
otherwise eligible to purchase or lease \18\ defense
articles or defense services.
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\18\ Sec. 109(b)(2)(B) of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1526)
inserted ``or lease''.
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In considering a request for approval of any transfer of any
weapon, weapons system, munitions, aircraft, military boat,
military vessel, or other implement of war to another country,
the President shall not give his consent under paragraph (2) to
the transfer unless the United States itself would transfer the
defense article under consideration to that country.\19\ In
addition, the President shall not give his consent under
paragraph (2) to the transfer of any significant defense
articles on the United States Munitions List unless the foreign
country requesting consent to transfer agrees to demilitarize
such defense articles prior to transfer, or the proposed
recipient foreign country provides a commitment in writing to
the United States Government that it will not transfer such
defense articles, if not demilitarized, to any other foreign
country or person without first obtaining the consent of the
President.\20\ The President shall promptly submit a report to
the Speaker of the House of Representatives and to the
Committee on Foreign Relations of the Senate on the
implementation of each agreement entered into pursuant to
clause (2) of this subsection.
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\19\ Sec. 204(b)(1) of the International Security Assistance and
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 736)
struck out ``, and prior to the date he intends to give his consent to
the transfer, the President notifies the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate in
writing of each such intended consent, the justification for giving
such consent, the defense article for which he intends to give his
consent to be so transferred, and the foreign country to which that
defense article is to be transferred'' after ``country''.
\20\ Sec. 25(2)(C) of the FA Act of 1973 (Public Law 93-189) added
the words to this point, beginning with ``In considering a request for
approval''.
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(b) \21\ The consent of the President under paragraph (2)
of subsection (a) or under paragraph (1) of section 505(a) of
the Foreign Assistance Act of 1961 (as it relates to
subparagraph (B) of such paragraph) shall not be required for
the transfer by a foreign country or international organization
of defense articles sold by the United States under this Act
if--
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\21\ Sec. 142 of Public Law 104-164 (110 Stat. 1433) inserted a new
subsec. (b). Former subsec. (b), as amended by sec. 1 of Public Law 91-
71, was repealed by sec. 15 of the International Security Assistance
Act of 1977 (Public Law 95-92; 91 Stat. 622). It had concerned U.S.
military assistance to a country which had seized an American fishing
vessel outside a 12-mile limit.
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(1) such articles constitute components incorporated
into foreign defense articles;
(2) the recipient is the government of a member
country of the North Atlantic Treaty Organization, the
Government of Australia, the Government of Japan, the
Government of the Republic of Korea,\22\ or the
Government of New Zealand;
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\22\ Sec. 203(b)(2) of the Naval Vessel Transfer Act of 2008
(Public Law 110-429; 122 Stat. 4845) inserted ``the Government of the
Republic of Korea,'' before ``or the Government of New Zealand''.
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(3) the recipient is not a country designated under
section 620A of the Foreign Assistance Act of 1961;
(4) the United States-origin components are not--
(A) significant military equipment (as
defined in section 47(9));
(B) defense articles for which notification
to Congress is required under section 36(b);
and
(C) identified by regulation as Missile
Technology Control Regime items; and
(5) the foreign country or international organization
provides notification of the transfer of the defense
articles to the United States Government not later than
30 days after the date of such transfer.
(c)(1)(A) \23\ No credits (including participations in
credits) may be issued and no guaranties may be extended for
any foreign country under this Act as hereinafter provided, if
such country uses defense articles or defense services
furnished under this Act, or any predecessor Act, in
substantial violation (either in terms of quantities or in
terms of the gravity of the consequences regardless of the
quantities involved) of any agreement entered into pursuant to
any such Act (i) by using such articles or services for a
purpose not authorized under section 4 or, if such agreement
provides that such articles or services may only be used for
purposes more limited than those authorized under section 4 for
a purpose not authorized under such agreement; (ii) by
transferring such articles or services to, or permitting any
use of such articles or services by, anyone not an officer,
employee, or agent of the recipient country without the consent
of the President; or (iii) by failing to maintain the security
of such articles or services.
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\23\ Sec. 304(b)(1) of the International Security Assistance and
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 754)
amended and restated subsec. (c), which formerly read as follows:
``(c) Except as otherwise provided in subsection (d), any foreign
country which hereafter uses defense articles or defense services
furnished such country under this Act, in substantial violation of any
provision of this Act or any agreement entered into under this Act,
shall be immediately ineligible for further cash sales, credits, or
guarantees.''.
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(B) No cash sales or deliveries pursuant to previous sales
may be made with respect to any foreign country under this Act
as hereinafter provided, if such country uses defense articles
or defense services furnished under this Act, or any
predecessor Act, in substantial violation (either in terms of
quantity or in terms of the gravity of the consequences
regardless of the quantities involved) of any agreement entered
into pursuant to any such Act by using such articles or
services for a purpose not authorized under section 4 or, if
such agreement provides that such articles or services may only
be used for purposes more limited than those authorized under
section 4, for a purpose not authorized under such agreement.
(2) The President shall report to the Congress promptly
upon the receipt of information that a violation described in
paragraph (1) of this subsection may have occurred.
(3)(A) A country shall be deemed to be ineligible under
subparagraph (A) of paragraph (1) of this subsection, or both
subparagraphs (A) and (B) of such paragraph in the case of a
violation described in both such paragraphs, if the President
so determines and so reports in writing to the Congress, or if
the Congress so determines by joint resolution.
(B) Notwithstanding a determination by the President of
ineligibility under subparagraph (B) of paragraph (1) of this
subsection, cash sales and deliveries pursuant to previous
sales may be made if the President certifies in writing to the
Congress that a termination thereof would have significant
adverse impact on United States security, unless the Congress
adopts or has adopted a joint resolution pursuant to
subparagraph (A) of this paragraph with respect to such
ineligibility.
(4) A country shall remain ineligible in accordance with
paragraph (1) of this subsection until such time as--
(A) the President determines that the violation has
ceased; and
(B) the country concerned has given assurances
satisfactory to the President that such violation will
not recur.
(d) \24\ (1) \25\ Subject to paragraph (5), the President
may not \26\ give his consent under paragraph (2) of subsection
(a) or under the third sentence of such subsection, or under
section 505(a)(1) or 505(a)(4) of the Foreign Assistance Act of
1961, to a transfer of any major defense equipment valued (in
terms of its original acquisition cost) at $14,000,000 or more,
or any defense article or related training or other defense
service valued (in terms of its original acquisition cost) at
$50,000,000 or more,\27\ unless \28\ the President submits to
the Speaker of the House of Representatives and the Committee
on Foreign Relations of the Senate a written certification with
respect to such proposed transfer containing--
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\24\ Sec. 204(a) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 735) added
subsecs. (e) and (f). Sec. 304(b)(2) of the same Act repealed subsec.
(d) and redesignated subsecs. (e) and (f) as (d) and (e). Previously,
subsec. (d) read as follows:
``(d) A country shall remain ineligible in accordance with
subsection (c) of this section until such time as the President
determines that such violation has ceased, that the country concerned
has given assurances satisfactory to the President that such violation
will not recur, and that, if such violation involved the transfer of
sophisticated weapons without the consent of the President, such
weapons have been returned to the country concerned.''.
\25\ Sec. 16 of the International Security Assistance Act of 1977
(Public Law 95-92; 91 Stat. 622) redesignated paras. (1) through (5) as
subparas. (A) through (E), added para. designation ``(1)'', and added a
new para. (2).
\26\ Sec. 1405(a)(1)(A) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1456) struck out ``The President
may not'' and inserted in lieu thereof ``Subject to paragraph (5), the
President may not''.
\27\ The words to this point beginning with ``or under section
505(a)(1) * * *'' were inserted in lieu of similar text by sec.
101(a)(1)(A) of the International Security and Development Cooperation
Act of 1981 (Public Law 97-113; 95 Stat. 1519). Previously, the
President was required to submit a certification to Congress on all
transfers of these items regardless of their value.
\28\ Sec. 16(1) of the International Security Assistance Act of
1977 (Public Law 95-92; 91 Stat. 622) struck out ``, 30 days prior to
giving such consent,''.
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(A) \25\ the name of the country or international
organization proposing to make such transfer,
(B) \25\, \29\ a description of the
article or service proposed to be transferred,
including its acquisition cost,
---------------------------------------------------------------------------
\29\ Sec. 101(a)(1)(B) of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1519)
amended and restated subpara. (B). It formerly read as follows:
``(B) a description of the defense article or related training or
other defense service proposed to be transferred, including the
original acquisition cost of such defense article or related training
or other defense service''.
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(C) \25\ the name of the proposed recipient of such
article or service,\30\
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\30\ Sec. 101(a)(1) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1519) struck out
``defense'' and ``related training or other defense'', before
``article'' and ``service'', respectively.
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(D) \25\ the reasons for such proposed transfer, and
(E) \25\ the date on which such transfer is proposed
to be made.
Any certification submitted to Congress pursuant to this
paragraph shall be unclassified, except that information
regarding the dollar value and number of articles or services
\30\ proposed to be transferred may be classified if public
disclosure thereof would be clearly detrimental to the security
of the United States.
(2) \25\ (A) Except as provided in subparagraph (B),\31\
unless the President states in the certification submitted
pursuant to paragraph (1) of this subsection that an emergency
exists which requires that consent to the proposed transfer
become effective immediately in the national security interests
of the United States, such consent shall not become effective
until 30 calendar days after the date of such submission and
such consent shall become effective then only if the Congress
does not enact,\32\ within such 30-day period, a joint
resolution \33\ prohibiting the proposed transfer.
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\31\ Sec. 102(a) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1520) inserted the
subpara. designation ``(A)'', added the words to this point in subpara.
(A), and added a new subpara. (B).
\32\ Public Law 99-247 (100 Stat. 9) replaced the language ``adopt
* * * concurrent resolution disapproving'' with the current text.
\33\ Sec. 577 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102
Stat. 2268-45), struck out ``law'' and inserted in lieu thereof ``joint
resolution, as provided for in sections 36(b)(2) and 36(b)(3) of this
Act''. Sec. 141(a)(1) of Public Law 104-164 (110 Stat. 1430)
subsequently struck out ``as provided for in sections 36(b)(2) and
36(b)(3) of this Act''.
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(B) \31\ In the case of a proposed transfer to the North
Atlantic Treaty Organization, or any member country of such
Organization, Japan, Australia, the Republic of Korea,\34\ or
New Zealand, unless the President states in the certification
submitted pursuant to paragraph (1) of this subsection that an
emergency exists which requires that consent to the proposed
transfer become effective immediately in the national security
interests of the United States, such consent shall not become
effective until fifteen calendar days after the date of such
submission and such consent shall become effective then only if
the Congress does not enact,\32\ within such fifteen-day
period, a joint resolution \35\ prohibiting the proposed
transfer.
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\34\ Sec. 203(b)(1) of the Naval Vessel Transfer Act of 2008
(Public Law 110-429; 122 Stat. 4845) inserted ``the Republic of
Korea,'' before ``or New Zealand'' in secs. 3(d)(2)(B), 3(d)(3)(A)(i),
3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2)
of this Act.
\35\ Sec. 141(a)(2) of Public Law 104-164 (110 Stat. 1430) struck
out ``law'' and inserted in lieu thereof ``joint resolution''.
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(C) \36\ If the President states in his certification under
subparagraph (A) or (B) that an emergency exists which requires
that consent to the proposed transfer become effective
immediately in the national security interests of the United
States, thus waiving the requirements of that subparagraph, the
President shall set forth in the certification a detailed
justification for his determination, including a description of
the emergency circumstances which necessitate immediate consent
to the transfer and a discussion of the national security
interests involved.
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\36\ Sec. 141(a)(3) of Public Law 104-164 (110 Stat. 1430) added
subparas. (C) and (D).
Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that
``amendments made by this section [sec. 141] apply with respect to
certifications required to be submitted on or after the date of the
enactment of this Act [July 21, 1996].''.
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(D) \36\ (i) Any joint resolution under this paragraph
shall be considered in the Senate in accordance with the
provisions of section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976.
(ii) For the purpose of expediting the consideration and
enactment of joint resolutions under this paragraph, a motion
to proceed to the consideration of any such joint resolution
after it has been reported by the appropriate committee shall
be treated as highly privileged in the House of
Representatives.
(3) \37\ (A) \38\ Subject to paragraph (5), the President
may not \39\ give his consent to the transfer of any major
defense equipment valued (in terms of its original acquisition
cost) at $14,000,000 or more, or of any defense article or
defense service valued (in terms of its original acquisition
cost) at $50,000,000 or more, the export of which has been
licensed or approved under section 38 of this Act,\40\ unless
\41\ before giving such consent the President submits to the
Speaker of the House of Representatives and the Chairman of the
Committee on Foreign Relations of the Senate a certification
\42\ containing the information specified in subparagraphs (A)
through (E) of paragraph (1). Such certification shall be
submitted--\43\
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\37\ Sec. 101(a) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3131) redesignated
existing para. (3) as para. (4) and added this new para. (3). Para. (4)
was originally added as para. (3) by sec. 17 of the International
Security Assistance Act of 1977 (Public Law 95-92; 91 Stat. 622).
\38\ Sec. 141(b)(1) of Public Law 104-164 (110 Stat. 1431) added
subpara. designation ``(A)''.
\39\ Sec. 1405(a)(1)(A) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1456) struck out ``The President
may not'' and inserted in lieu thereof ``Subject to paragraph (5), the
President may not''.
\40\ The value of the items listed in this sentence was increased
from $7,000,000 and $25,000,000 to $14,000,000 and $50,000,000,
respectively, by sec. 101(a)(2) of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1519).
\41\ Sec. 141(b)(2)(A) of Public Law 104-164 (110 Stat. 1431)
struck out ``at least 30 calendar days'' after ``unless''.
\42\ Sec. 141(b)(2)(B) of Public Law 104-164 (110 Stat. 1431)
struck out ``report'' and inserted in lieu thereof ``certification''.
\43\ Sec. 141(b)(3) of Public Law 104-164 (110 Stat. 1431) struck
out a sentence after ``paragraph (1).'', which read : ``Such consent
shall become effective then only if the Congress does not enact, within
a 30-day period, a joint resolution, as provided for in sections
36(c)(2) and 36(c)(3) of this Act prohibiting the proposed transfer.'',
and inserted in lieu thereof the text beginning with ``Such
certification shall be submitted--''. The former text had been added by
sec. 577 of Public Law 100-461 (102 Stat. 2268-45).
Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that
``Amendments made by this section [sec. 141] apply with respect to
certifications required to be submitted on or after the date of the
enactment of this Act [July 21, 1996].''.
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(i) at least 15 calendar days before such consent is
given in the case of a transfer to a country which is a
member of the North Atlantic Treaty Organization or
Australia, Japan, the Republic of Korea,\44\ or New
Zealand; and
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\44\ Sec. 203(b)(1) of the Naval Vessel Transfer Act of 2008
(Public Law 110-429; 122 Stat. 4845) inserted ``the Republic of
Korea,'' before ``or New Zealand'' in secs. 3(d)(2)(B), 3(d)(3)(A)(i),
3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2)
of this Act.
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(ii) at least 30 calendar days before such consent is
given in the case of a transfer to any other country,
unless the President states in his certification that an
emergency exists which requires that consent to the proposed
transfer become effective immediately in the national security
interests of the United States. If the President states in his
certification that such an emergency exists (thus waiving the
requirements of clause (i) or (ii), as the case may be, and of
subparagraph (B)) the President shall set forth in the
certification a detailed justification for his determination,
including a description of the emergency circumstances which
necessitate that consent to the proposed transfer become
effective immediately and a discussion of the national security
interests involved.
(B) Consent to a transfer subject to subparagraph (A) shall
become effective after the end of the 15-day or 30-day period
specified in subparagraph (A)(i) or (ii), as the case may be,
only if the Congress does not enact, within that period, a
joint resolution prohibiting the proposed transfer.
(C)(i) Any joint resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
(ii) For the purpose of expediting the consideration and
enactment of joint resolutions under this paragraph, a motion
to proceed to the consideration of any such joint resolution
after it has been reported by the appropriate committee shall
be treated as highly privileged in the House of
Representatives.
(4) \37\ This subsection shall not apply--
(A) to transfers of maintenance, repair, or overhaul
defense services, or of the repair parts or other
defense articles used in furnishing such services, if
the transfer will not result in any increase, relative
to the original specifications, in the military
capability of the defense articles and services to be
maintained, repaired, or overhauled;
(B) to temporary transfers of defense articles for
the sole purpose of receiving maintenance, repair, or
overhaul; or
(C) \45\ to arrangements among members of the North
Atlantic Treaty Organization or between the North
Atlantic Treaty Organization and any of its member
countries--
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\45\ Sec. 11 of the International Security Assistance Act of 1979
(Public Law 96-92; 93 Stat. 705) amended and restated subpara. (C). It
formerly read as follows:
``(C) to cooperative cross servicing arrangements among members of
the North Atlantic Treaty Organization.''.
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(i) for cooperative cross servicing, or
(ii) for lead-nation procurement if the
certification transmitted to the Congress
pursuant to section 36(b) of this Act with
regard to such lead-nation procurement
identified the transferees on whose behalf the
lead-nation procurement was proposed.
(D) \46\ * * * [Repealed--1981]
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\46\ Subpara. (D), as added by sec. 101(b) of Public Law 96-536 (94
Stat. 3131), was repealed by sec. 101(a)(3)(C) of the International
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
Stat. 1520). Subpara. (D) had stipulated that subsec. (d) would not
apply to transfers to NATO, member countries of NATO, Japan, Australia,
or New Zealand of major defense equipment valued at less than
$7,000,000 or defense articles or related training or other defense
service valued at less than $25,000,000.
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(5) \47\ In the case of a transfer to a member country of
the North Atlantic Treaty Organization (NATO) or Australia,
Japan, the Republic of Korea,\48\ or New Zealand that does not
authorize a new sales territory that includes any country other
than such countries, the limitations on consent of the
President set forth in paragraphs (1) and (3)(A) shall apply
only if the transfer is--
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\47\ Sec. 1405(a)(1)(B) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1456) added para. (5).
\48\ Sec. 203(b)(1) of the Naval Vessel Transfer Act of 2008
(Public Law 110-429; 122 Stat. 4845) inserted ``the Republic of
Korea,'' before ``or New Zealand'' in secs. 3(d)(2)(B), 3(d)(3)(A)(i),
3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2)
of this Act.
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(A) a transfer of major defense equipment valued (in
terms of its original acquisition cost) at $25,000,000
or more; or
(B) a transfer of defense articles or defense
services valued (in terms of its original acquisition
cost) at $100,000,000 or more).
(e) \44\ If the President receives any information that a
transfer of any defense article, or related training or other
defense service, has been made without his consent as required
under this section or under section 505 of the Foreign
Assistance Act of 1961, he shall report such information
immediately to the Speaker of the House of Representatives and
the Committee on Foreign Relations of the Senate.
(f) \49\ No sales or leases shall be made to any country
that the President has determined is in material breach of its
binding commitments to the United States under international
treaties or agreements concerning the nonproliferation of
nuclear explosive devices (as defined in section 830(4) of the
Nuclear Proliferation Prevention Act of 1994) and unsafeguarded
special nuclear material (as defined in section 830(8) of that
Act).
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\49\ Sec. 822(a)(1) of the Nuclear Proliferation Prevention Act
(title VIII of the Foreign Relations Authorization Act; Public Law 103-
236; 108 Stat. 511) added subsec. (f).
Previously, sec. 2(b) of the Anti-Terrorism and Arms Export
Amendments Act of 1989 (Public Law 101-222; 103 Stat. 1896) repealed
sec. 3(f). Added by sec. 18 of the International Security Assistance
Act of 1977 (Public Law 95-92; 91 Stat. 622), sec. 3(f) formerly read
as follows:
``(f)(1) Unless the President finds that the national security
requires otherwise, he shall terminate all sales, under this Act to any
government which aids or abets, by granting sanctuary from prosecution
to, any individual or group which has committed an act of international
terrorism. The President may not thereafter make or extend sales, to
such government until the end of the one year period beginning on the
date of such termination, except that if during its period of
ineligibility for sales, pursuant to this section such government aids
or abets, by granting sanctuary from prosecution to, any other
individual or group which has committed an act of international
terrorism, such government's period of ineligibility shall be extended
for an additional year for each such individual or group.
``(2) If the President finds that the national security justifies a
continuation of sales to any government described in paragraph (1), he
shall report such finding to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the
Senate.''.
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(g) \50\ Any agreement for the sale or lease of any article
on the United States Munitions List entered into by the United
States Government after the date of enactment of this
subsection shall state that the United States Government
retains the right to verify credible reports that such article
has been used for a purpose not authorized under section 4 or,
if such agreement provides that such article may only be used
for purposes more limited than those authorized under section
4, for a purpose not authorized under such agreement.
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\50\ Sec. 1225 of the Security Assistance Act of 1999 (title XII of
the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536))
added subsec. (g).
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Sec. 4.\51\ Purposes for Which Military Sales by the United
States Are Authorized.--Defense articles and defense services
shall be sold or leased \52\ by the United States Government
under this Act to friendly countries solely for internal
security, for legitimate self-defense, for preventing or
hindering the proliferation of weapons of mass destruction and
of the means of delivering such weapons,\53\ to permit the
recipient country to participate in regional or collective
arrangements or measures consistent with the Charter of the
United Nations, or otherwise to permit the recipient country to
participate in collective measures requested by the United
Nations for the purpose of maintaining or restoring
international peace and security, or for the purpose of
enabling foreign military forces in less developed friendly
countries to construct public works and to engage in other
activities helpful to the economic and social development of
such friendly countries. It is the sense of the Congress that
such foreign military forces should not be maintained or
established solely for civic action activities and that such
civic action activities not significantly detract from the
capability of the military forces to perform their military
missions and be coordinated with and form part of the total
economic and social development effort: Provided, That none of
the funds contained in this authorization shall be used to
guarantee, or extend credit, or participate in an extension of
credit in connection with any sale of sophisticated weapons
systems, such as missile systems and jet aircraft for military
purposes, to any underdeveloped country other than Greece,
Turkey, Iran, Israel, the Republic of China, the Philippines,
and Korea unless the President determines that such financing
is important to the national security of the United States and
reports within thirty days each such determination to the
Congress.
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\51\ 22 U.S.C. 2754.
\52\ Sec. 109(b)(3) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1526) inserted
``or leased''.
\53\ Sec. 1202(a) of the Security Assistance Act of 2002 (division
B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1427) inserted ``for preventing or hindering the
proliferation of weapons of mass destruction and of the means of
delivering such weapons,'' after ``self-defense,''.
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Sec. 5.\54\ Prohibition Against Discrimination.--(a) It is
the policy of the United States that no sales should be made,
and no credits (including participations in credits) or
guaranties extended to or for any foreign country, the laws,
regulations, official policies, or governmental practices of
which prevent any United States person (as defined in section
7701(a)(30) of the Internal Revenue Code of 1954) \55\ from
participating in the furnishing of defense articles or defense
services under this Act on the basis of race, religion,
national origin, or sex.
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\54\ 22 U.S.C. 2755. Added by sec. 302(b) of the International
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 752).
\55\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100
Stat. 2095) provided that ``The Internal Revenue Title enacted August
16, 1954, as heretofore, hereby, or hereafter amended, may be cited as
the `Internal Revenue Code of 1986' '' and ``Except when inappropriate,
any reference in any law, Executive order, or other document--(1) to
the Internal Revenue Code of 1954 shall include a reference to the
Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of
1986 shall include a reference to the provisions of law formerly known
as the Internal Revenue Code of 1954.''.
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(b)(1) No agency performing functions under this Act shall,
in employing or assigning personnel to participate in the
performance of any such function, whether in the United States
or abroad, take into account the exclusionary policies or
practices of any foreign government where such policies or
practices are based upon race, religion, national origin, or
sex.
(2) Each contract entered into by any such agency for the
performance of any function under this Act shall contain a
provision to the effect that no person, partnership,
corporation, or other entity performing functions pursuant to
such contract, shall, in employing or assigning personnel to
participate in the performance of any such function, whether in
the United States or abroad, take into account the exclusionary
policies or practices of any foreign government where such
policies or practices are based upon race, religion, national
origin, or sex.
(c) The President shall promptly transmit reports to the
Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate concerning any
instance in which any United States person (as defined in
section 7701(a)(30) of the Internal Revenue Code of 1954) \55\
is prevented by a foreign government on the basis of race,
religion, national origin, or sex, from participating in the
performance of any sale or licensed transaction under this Act.
Such reports shall include (1) a description of the facts and
circumstances of any such discrimination, (2) the response
thereto on the part of the United States or any agency or
employee thereof, and (3) the result of such response, if any.
(d)(1) \56\ Upon the request of the Committee on Foreign
Relations of the Senate or the Committee on Foreign Affairs
\57\ of the House of Representatives, the President shall,
within 60 days after the receipt of such request, transmit to
both such committees a statement, prepared with the assistance
of the Secretary of State,\58\ with respect to the country
designated in such request, setting forth--
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\56\ Functions in this para. are delegated to the Assistant
Secretary of State for Democracy, Human Rights and Labor (Department of
State Public Notice 2086; Delegation of Authority No. 214; 59 F.R.
50790).
\57\ Sec. 9(a)(7) of the USC Technical Amendments (Public Law 103-
437; 108 Stat. 4588) struck out ``International Relations'' and
inserted in lieu thereof ``Foreign Affairs''. Subsequently, sec.
1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that references
to the Committee on Foreign Affairs of the House of Representatives
shall be treated as referring to the Committee on International
Relations of the House of Representatives.
\58\ Sec. 162(f) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405) struck out
``Assistant Secretary of State for Human Rights and Humanitarian
Affairs'' and inserted in lieu thereof ``Secretary of State''.
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(A) all the available information about the
exclusionary policies or practices of the government of
such country when such policies or practices are based
upon race, religion, national origin or sex and prevent
any such person from participating in the performance
of any sale or licensed transaction under this Act;
(B) the response of the United States thereto and the
results of such response;
(C) whether, in the opinion of the President,
notwithstanding any such policies or practices--
(i) extraordinary circumstances exist which
necessitate a continuation of such sale or
licensed transaction, and, if so, a description
of such circumstances and the extent to which
such sale or licensed transaction should be
continued (subject to such conditions as
Congress may impose under this section), and
(ii) on all the facts it is in the national
interest of the United States to continue such
sale or licensed transaction; and
(D) such other information as such committee may
request.
(2) In the event a statement with respect to a sale or
licensed transaction is requested pursuant to paragraph (1) of
this subsection but is not transmitted in accordance therewith
within 60 days after receipt of such request, such sale or
licensed transaction shall be suspended unless and until such
statement is transmitted.
(3)(A) In the event a statement with respect to a sale or
licensed transaction is transmitted under paragraph (1) of this
subsection, the Congress may at any time thereafter adopt a
joint resolution terminating or restricting such sale or
licensed transaction.
(B) Any such resolution shall be considered in the Senate
in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act
of 1976.
(C) The term ``certification'', as used in section 601 of
such Act, means, for the purposes of this paragraph, a
statement transmitted under paragraph (1) of this subsection.
Sec. 6.\59\ Foreign Intimidation and Harassment of
Individuals in the United States.--No letters of offer may be
issued, no credits or guarantees may be extended, and no export
licenses may be issued under this Act with respect to any
country determined by the President to be engaged in a
consistent pattern of acts of intimidation or harassment
directed against individuals in the United States. The
President shall report any such determination promptly to the
Speaker of the House of Representatives and to the chairman of
the Committee on Foreign Relations of the Senate.
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\59\ 22 U.S.C. 2756. Added by sec. 115 of the International
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
Stat. 1528).
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Chapter 2--FOREIGN MILITARY SALES AUTHORIZATIONS
Sec. 21.\60\ Sales From Stocks.--(a)(1) \61\ The President
may sell defense articles and defense services from the stocks
of the Department of Defense and the Coast Guard \62\ to any
eligible country or international organization if such country
or international organization agrees to pay in United States
dollars--
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\60\ 22 U.S.C. 2761. Sec. 205 of the International Security
Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90
Stat. 736) amended sec. 21, which formerly read as follows:
``Sec. 21. Cash Sales From Stock.--The President may sell defense
articles from the stocks of the Department of Defense and defense
services of the Department of Defense to any friendly country or
international organization if such country or international
organization agrees to pay not less than the value thereof in United
States dollars. Payment shall be made in advance or, as determined by
the President to be in the best interests of the United States, within
a reasonable period not to exceed one hundred and twenty days after the
delivery of the defense articles or the rendering of the defense
services.''.
10 U.S.C. 2390, as added by sec. 815 of the Department of Defense
Appropriation Authorization Act, 1979 (92 Stat. 1625), as sec. 975 and
later redesignated, prohibited the sale of certain defense articles
from Department of Defense stocks. See 10 U.S.C. 2390, in Legislation
on Foreign Relations Through 2008, vol. I-B.
Sec. 706 of the Security Assistance Act of 2000 (Public Law 106-
280; 114 Stat. 862) provided the following:
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``sec. 706. sense of the congress regarding excess defense articles.
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``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.''.
\61\ Sec. 107(a)(1) and (2) of the International Security and
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 196)
redesignated paras. (1), (2) and (3) as subparas. (A), (B) and (C) and
inserted a ``(1)'' after subsec. (a).
\62\ Sec. 1222 of the Security Assistance Act of 1999 (title XII of
the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536))
inserted ``and the Coast Guard'' after ``Department of Defense''.
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(A) \61\ in the case of a defense article not
intended to be replaced at the time such agreement is
entered into, not less than the actual value thereof;
\63\
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\63\ 10 U.S.C. 114(c)(2) provides:
``(2) Notwithstanding section 37(a) of the Arms Export Control Act
(22 U.S.C. 2777(a)), amounts received by the United States pursuant to
subparagraph (A) of section 21(a)(1) of that Act (22 U.S.C.
2761(a)(1))--
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``(A) shall be credited to the Special Defense Acquisition Fund
established pursuant to chapter 5 of that Act (22 U.S.C. 2795 et seq.), as
authorized by section 51(b)(1) of that Act (22 U.S.C. 2795(b)(1)), but
subject to the limitation in paragraph (1) and other applicable law; and
``(B) to the extent not so credited, shall be deposited in the Treasury
as miscellaneous receipts as provided in section 3302(b) of title 31.''.
(B) \61\ in the case of a defense article intended to
be replaced at the time such agreement is entered into,
the estimated cost of replacement of such article,
including the contract or production costs less any
depreciation in the value of such article; or
(C) \61\, \64\ in the case of the sale of
a defense service, the full cost to the United States
Government of furnishing such service, except that in
the case of training sold to a purchaser who is
concurrently receiving assistance under chapter 5 of
part II of the Foreign Assistance Act of 1961 or to any
high-income foreign country (as described in that
chapter),\65\ only those additional costs that are
incurred by the United States Government in furnishing
such assistance.
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\64\ Sec. 108(a) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 197) amended and
restated subpara. (C). It previously read: ``in the case of the sale of
a defense service, the full cost to the United States Government of
furnishing such service, except that in the case of training, only
those additional costs that are incurred by the United States
Government in furnishing such training.''.
\65\ Sec. 112(c)(2) of Public Law 104-164 (110 Stat. 1428) inserted
``or to any high-income foreign country (as described in that
chapter)'' after ``Foreign Assistance Act of 1961''.
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(2) \66\ For purposes of subparagraph (A) of paragraph (1),
the actual value of a naval vessel of 3,000 tons or less and 20
years or more of age shall be considered to be not less than
the greater of the scrap value or fair value (including
conversion costs) of such vessel, as determined by the
Secretary of Defense.
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\66\ Sec. 107(a)(3) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 196) added para.
(2).
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(b) Except as provided by subsection (d) of this section,
payment shall be made in advance or, if the President
determines it to be in the national interest, upon delivery of
the defense article or rendering of the defense service.
(c)(1) \67\ Personnel performing defense services sold
under this Act may not perform any duties of a combatant
nature, including any duties related to training and advising
that may engage United States personnel in combat
activities,\68\ outside the United States in connection with
the performance of those defense services.
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\67\ Sec. 102 of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3132) added para.
designation ``(1)'' and a new para. (2). Para. (2) was subsequently
amended and restated by sec. 103 of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1521).
Para. (2) formerly read as follows:
``(2) Within 48 hours after the outbreak of significant hostilities
involving a country in which United States personnel are performing
defense services pursuant to this Act or the Foreign Assistance Act of
1961, the President shall submit to the Speaker of the House of
Representatives and to the President pro tempore of the Senate a
report, in writing, setting forth--
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``(A) the identity of such country and a description of such hostilities;
and
``(B) the number of members of the United States Armed Forces and the
number of United States civilian personnel performing defense services
related to such hostilities in such country, their location, the precise
nature of their activities, and the likelihood of their becoming engaged in
or endangered by hostilities.''.
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\68\ Sec. 102(1) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3132) struck out
``training, advising, or otherwise providing assistance regarding
combat activities'' and inserted in lieu thereof ``training and
advising that may engage United States personnel in combat
activities''.
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(2) \67\ Within forty-eight hours of the existence of, or a
change in status of significant hostilities or terrorist acts
or a series of such acts, which may endanger American lives or
property, involving a country in which United States personnel
are performing defense services pursuant to this Act or the
Foreign Assistance Act of 1961, the President shall submit to
the Speaker of the House of Representatives and to the
President pro tempore of the Senate a report, in writing,
classified if necessary, setting forth--
(A) the identity of such country;
(B) a description of such hostilities or terrorist
acts; and
(C) the number of members of the United States Armed
Forces and the number of United States civilian
personnel that may be endangered by such hostilities or
terrorist acts.
(d) If the President determines it to be in the national
interest pursuant to subsection (b) of this section, billings
for sales made under letters of offer issued under this section
after the enactment of this subsection may be dated and issued
upon delivery of the defense article or rendering of the
defense service and shall be due and payable upon receipt
thereof by the purchasing country or international
organization. Interest shall be charged on any net amount due
and payable which is not paid within sixty days after the date
of such billing. The rate of interest charged shall be a rate
not less than a rate determined by the Secretary of the
Treasury taking into consideration the current average market
yield on outstanding short-term obligations of the United
States as of the last day of the month preceding the billing
and shall be computed from the date of billing. The President
may extend such sixty-day period to one hundred and twenty days
if he determines that emergency requirements of the purchaser
for acquisition of such defense articles or defense services
exceed the ready availability to the purchaser of funds
sufficient to pay the United States in full for them within
such sixty-day period and submits that determination to the
Congress together with a special emergency request for the
authorization and appropriation of additional funds to finance
such purchases under this Act.
(e)(1) After September 30, 1976, letters of offer for the
sale of defense articles or for the sale of defense services
that are issued pursuant to this section or pursuant to section
22 of this Act shall include appropriate charges for--
(A) \69\ administrative services, calculated on an
average percentage basis to recover the full estimated
costs (excluding a pro rata share of fixed base
operations costs) \70\ of administration of sales made
under this Act to all purchasers of such articles and
services as specified in section 43(b) and section
43(c) of this Act; \71\
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\69\ The Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H of Public Law 111-8; 123
Stat. 856), provides the following under ``Foreign Military Financing
Program'':
``Provided further, That not more than $470,000,000 of funds
realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act
may be obligated for expenses incurred by the Department of Defense
during fiscal year 2009 pursuant to section 43(b) of the Arms Export
Control Act, except that this limitation may be exceeded only through
the regular notification procedures of the Committees on
Appropriations:''.
\70\ Sec. 109 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 197) inserted
parenthetical text.
\71\ Sec. 9104(c)(1) of the Department of Defense Appropriations
Act, 1990 (Public Law 101-165; 103 Stat. 1152), inserted reference to
secs. 43(b) and (c).
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(B) \72\ a proportionate amount of any nonrecurring
costs of research, development, and production of major
defense equipment (except for equipment wholly paid for
either from funds transferred under section 503(a)(3)
of the Foreign Assistance Act of 1961 or from funds
made available on a nonrepayable basis under section 23
of this Act); \73\ and
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\72\ Sec. 9104(c)(3) of the Department of Defense Appropriations
Act, 1990 (Public Law 101-165; 103 Stat. 1152), deleted para. (1)(B)
which read ``(B) any use of plant and production equipment in
connection with such defense articles;'' and redesignated subparas. (C)
and (D) as subparas. (B) and (C), respectively.
Sec. 710 of the Security Assistance Act of 2000 (Public Law 106-
280; 114 Stat. 864) provided the following:
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``sec. 710. waiver of certain costs.
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``Notwithstanding any other provision of law, the President may
waive the requirement to impose an appropriate charge for a
proportionate amount of any nonrecurring costs of research,
development, and production under section 21(e)(1)(B) of the Arms
Export Control Act (22 U.S.C. 2761(e)(1)(B)) for the November 1999 sale
of five UH-60L helicopters to the Republic of Colombia in support of
counternarcotics activities.''.
\73\ Sec. 9104(c)(2) of the Department of Defense Appropriations
Act, 1990 (Public Law 101-165; 103 Stat. 1152), inserted parenthetical
text.
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(C) \74\ the recovery of ordinary inventory losses
associated with the sale from stock of defense articles
that are being stored at the expense of the purchaser
of such articles.
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\74\ Sec. 16 of the International Security Assistance Act of 1978
(Public Law 95-384; 92 Stat. 740) added subpara. (D), which was
subsequently redesignated as subpara. (C) by the Department of Defense
Appropriations Act, 1990 (Public Law 101-165; 103 Stat. 1152).
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(2) \75\ (A) The President may reduce or waive the charge
or charges which would otherwise be considered appropriate
under paragraph (1)(B) \76\ for particular sales that would, if
made, significantly advance United States Government interests
in North Atlantic Treaty Organization standardization,
standardization with the Armed Forces of Japan, Australia, the
Republic of Korea,\77\ or New Zealand in furtherance of the
mutual defense treaties between the United States and those
countries,\78\ or foreign procurement in the United States
under coproduction arrangements.
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\75\ Sec. 4303(a) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 658) conditionally
amended para. (2) by inserting subpara. designation ``(A)'', and adding
subparas. (B) and (C). Sec. 4303(b) of that Act stated the conditions
for incorporating the amendment as follows:
``(b) Conditions.--Subsection (a) shall be effective only if--
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``(1) the President, in the budget of the President for fiscal year 1997,
proposes legislation that if enacted would be qualifying offsetting
legislation; and
``(2) there is enacted qualifying offsetting legislation.
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``(c) Effective Date.--If the conditions in subsection (b) are met,
then the amendments made by subsection (a) shall take effect on the
date of the enactment of qualifying offsetting legislation.
``(d) Definitions.--For purposes of this section:
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``(1) The term `qualifying offsetting legislation' means legislation that
includes provisions that--
``(A) offset fully the estimated revenues lost as a result of the
amendments made by subsection (a) for each of the fiscal years 1997 through
2005;
``(B) expressly state that they are enacted for the purpose of the offset
described in subparagraph (A); and
``(C) are included in full on the PayGo scorecard.
``(2) The term `PayGo scorecard' means the estimates that are made by the
Director of the Congressional Budget Office and the Director of the Office
of Management and Budget under section 252(d) of the Balanced Budget and
Emergency Deficit Control Act of 1985.''.
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The required offsetting legislation was enacted as sec. 3303(e) of
the National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 50 U.S.C. 98d note).
\76\ Sec. 9104(c)(3) of the Department of Defense Appropriations
Act, 1990 (Public Law 101-165; 103 Stat. 1152) made a conforming
amendment to show redesignation of paras. (B) and (C), above.
\77\ Sec. 203(b)(1) of the Naval Vessel Transfer Act of 2008
(Public Law 110-429; 122 Stat. 4845) inserted ``the Republic of
Korea,'' before ``or New Zealand'' in secs. 3(d)(2)(B), 3(d)(3)(A)(i),
3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2)
of this Act.
\78\ Sec. 104 of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1521) inserted
``standardization with the Armed Forces of Japan, Australia, or New
Zealand in furtherance of the mutual defense treaties between the
United States and those countries,''.
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(B) \75\ The President may waive the charge or charges
which would otherwise be considered appropriate under paragraph
(1)(B) for a particular sale if the President determines that--
(i) imposition of the charge or charges likely would
result in the loss of the sale; or
(ii) in the case of a sale of major defense equipment
that is also being procured for the use of the Armed
Forces, the waiver of the charge or charges would
(through a resulting increase in the total quantity of
the equipment purchased from the source of the
equipment that causes a reduction in the unit cost of
the equipment) result in a savings to the United States
on the cost of the equipment procured for the use of
the Armed Forces that substantially offsets the revenue
foregone by reason of the waiver of the charge or
charges.
(C) The President may waive, for particular sales of major
defense equipment, any increase in a charge or charges
previously considered appropriate under paragraph (1)(B) if the
increase results from a correction of an estimate (reasonable
when made) of the production quantity base that was used for
calculating the charge or charges for purposes of such
paragraph.
(3) \79\ (A) The President may waive the charges for
administrative services that would otherwise be required by
paragraph (1)(A) in connection with any sale to the Maintenance
and Supply Agency of the North Atlantic Treaty Organization in
support of--
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\79\ Sec. 1002 of the National Defense Authorization Act, Fiscal
Year 1989 (Public Law 100-456; 102 Stat. 2037) added sec. 21(e)(3).
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(i) a weapon system partnership agreement; or
(ii) a NATO/SHAPE project.
(B) The Secretary of Defense may reimburse the fund
established to carry out section 43(b) of this Act in the
amount of the charges waived under subparagraph (A) of this
paragraph. Any such reimbursement may be made from any funds
available to the Department of Defense.
(C) As used in this paragraph--
(i) the term ``weapon system partnership agreement''
means an agreement between two or more member countries
of the Maintenance and Supply Agency of the North
Atlantic Treaty Organization that--
(I) is entered into pursuant to the terms of
the charter of that organization; and
(II) is for the common logistic support of a
specific weapon system common to the
participating countries; and
(ii) the term ``NATO/SHAPE project'' means a common-
funded project supported by allocated credits from
North Atlantic Treaty Organization bodies or by host
nations with NATO Infrastructure funds.
(f) Any contracts entered into between the United States
and a foreign country under the authority of this section or
section 22 of this Act shall be prepared in a manner which will
permit them to be made available for public inspection to the
fullest extent possible consistent with the national security
of the United States.
(g) \80\ The President may enter into North Atlantic Treaty
Organization standardization agreements in carrying out section
814 of the Act of October 7, 1975 (Public Law 94-106), and may
enter into similar agreements with countries \81\ which are
major non-NATO allies, for the cooperative furnishing of
training on a bilateral or multilateral basis, if the financial
principles of such agreements are based on reciprocity. Such
agreements shall include reimbursement for all direct costs but
may exclude reimbursement for indirect costs, administrative
surcharges, and costs of billeting of trainees (except to the
extent that members of the United States Armed Forces occupying
comparable accommodations are charged for such accommodations
by the United States). Each such agreement shall be transmitted
promptly to the Speaker of the House of Representatives and the
Committees on Appropriations, Armed Services, and Foreign
Relations of the Senate.\82\
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\80\ Sec. 108(b) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 197) added subsec.
(g).
An earlier subsec. (g) was repealed by the Foreign Assistance
Appropriations Act, 1985 (sec. 101 of the Continuing Appropriations
Act, 1985; Public Law 98-473; 98 Stat. 1895). This amendment had been
included as sec. 102(b) of S. 2346, as introduced on February 27, 1984.
Public Law 98-473 enacted sec. 102 of S. 2346. Subsec. (g) previously
read as follows:
``(g) The President may enter into North Atlantic Treaty
Organization standardization agreements in carrying out section 814 of
the Act of October 7, 1975 (Public Law 94-106), and may enter into
similar agreements with Japan, Australia, and New Zealand, for the
cooperative furnishing of training on a bilateral or multilateral
basis, if the financial principles of such agreements are based on
reciprocity. Such agreements shall include reimbursement for all direct
costs but may exclude reimbursement for indirect costs, administrative
surcharges, and costs of billeting of trainees (except to the extent
that members of the United States Armed Forces occupying comparable
accommodations are charged for such accommodations by the United
States). Each such agreement shall be transmitted promptly to the
Speaker of the House of Representatives and the Committees on
Appropriations, Armed Services, and Foreign Relations of the Senate.''.
\81\ Sec. 147(b) of Public Law 104-164 (110 Stat. 1435) struck out
``similar agreements with Japan, Australia, and New Zealand, and with
other countries'' and inserted in lieu thereof ``similar agreements
with countries''. Sec. 580 of Public Law 100-202 (101 Stat. 1329-181)
had added ``and with other countries which are major non-NATO allies''.
On November 12, 1996, the President notified Congress that he
designated the Hashemite Kingdom of Jordan as a major non-NATO ally of
the United States for purposes of the Foreign Assistance Act and the
Arms Export Control Act (Presidential Determination No. 97-4; 61 F.R.
59809).
On January 6, 1998, the President notified Congress that he
designated the Republic of Argentina as a major non-NATO ally of the
United States for purposes of the Foreign Assistance Act and the Arms
Export Control Act (Presidential Determination No. 98-9; 63 F.R. 3635).
On March 14, 2002, the President notified Congress that he
designated the Kingdom of Bahrain as a major non-NATO ally of the
United States for purposes of the Foreign Assistance Act and the Arms
Export Control Act (Presidential Determination No. 2002-10; 67 F.R.
13247).
On October 6, 2003, the President notified Congress that he
designated the Republic of the Philippines as a major non-NATO ally of
the United States for purposes of the Foreign Assistance Act and the
Arms Export Control Act (Presidential Determination No. 2004-02; 68
F.R. 59855).
On December 30, 2003, the President notified Congress that he
designated the Kingdom of Thailand as a major non-NATO ally of the
United States for purposes of the Foreign Assistance Act and the Arms
Export Control Act (Presidential Determination No. 2004-16; 69 F.R.
2053).
On January 15, 2004, the President notified Congress that he
designated the State of Kuwait as a major non-NATO ally of the United
States for purposes of the Foreign Assistance Act and the Arms Export
Control Act (Presidential Determination No. 2004-21; 69 F.R. 4843).
On June 3, 2004, the President notified Congress that he designated
the Kingdom of Morocco as a major non-NATO ally of the United States
for purposes of the Foreign Assistance Act and the Arms Export Control
Act (Presidential Determination No. 2004-35; 69 F.R. 34049).
On June 16, 2004, the President notified Congress that he
designated the Islamic Republic of Pakistan as a major non-NATO ally of
the United States for purposes of the Foreign Assistance Act and the
Arms Export Control Act (Presidential Determination No. 2004-37; 69
F.R. 38797).
\82\ Sec. 147(a)(3)(A) of Public Law 104-164 (110 Stat. 1435)
struck out the last sentence of subsec. (g). Originally added by sec.
580 of Public Law 100-202 (101 Stat. 1329-181), and amended by sec.
705(d)(1) of Public Law 102-25 (105 Stat. 120), the sentence read: ``
As used in this subsection, the term ``major non-NATO allies'' means
those countries designated as major non-NATO allies for purposes of
section 2350a(i)(3) of title 10, United States Code.''.
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(h) \83\ (1) The President is authorized to provide
(without charge) quality assurance, inspection, contract
administration services,\84\ and contract audit defense
services under this section--
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\83\ Sec. 12 of the International Security Assistance Act of 1979
(Public Law 96-92; 93 Stat. 705) redesignated subsec. (h) as subsec.
(i) and added a new subsec. (h).
Subsequently, sec. 111 (1), (2), and (3) of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
Stat. 197), inserted the para. designation ``(1)'' after subsec. (h),
added para. (2), and redesignated what was previously paras. (1) and
(2) as subparas. (A) and (B) of the newly designated (h)(1).
\84\ Sec. 110 of Public Law 99-83 (99 Stat. 197) inserted
``contract administration services''.
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(A) \83\ in connection with the placement or
administration of any contract or subcontract for
defense articles, defense services, or design and
construction services \85\ entered into after the date
of enactment of this subsection by, or under this Act
on behalf of, a foreign government which is a member of
the North Atlantic Treaty Organization or the
Governments of Australia, New Zealand, Japan, the
Republic of Korea, or Israel,\86\ if such government
provides such services in accordance with an agreement
on a reciprocal basis, without charge, to the United
States Government; or
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\85\ Sec. 115(b) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134) inserted ``,
or design and construction services''.
\86\ Sec. 534(l)(1) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2006 (Public Law 109-102; 119
Stat. 2211), inserted ``or the Governments of Australia, New Zealand,
Japan, or Israel'' after ``North Atlantic Treaty Organization''. Sec.
203(b)(3) of the Naval Vessel Transfer Act of 2008 (Public Law 110-429;
122 Stat. 4845) inserted ``the Republic of Korea,'' before ``or
Israel''.
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(B) \83\ in connection with the placement or
administration of any contract or subcontract for
defense articles, defense services, or design and
construction services \85\ pursuant to the North
Atlantic Treaty Organization Security Investment
program \87\ in accordance with an agreement under
which the foreign governments participating in such
program provide such services, without charge, in
connection with similar contracts or subcontracts.
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\87\ Sec. 2802(d)(2) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2787) struck out
``North Atlantic Treaty Organization Infrastructure Program'' and
inserted in lieu thereof ``North Atlantic Treaty Organization Security
Investment program''.
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(2) \83\ In carrying out the objectives of this section,
the President is authorized to provide cataloging data and
cataloging services, without charge, to the North Atlantic
Treaty Organization, to any member government of that
Organization, or to the Governments of the Republic of Korea,
Australia, New Zealand, Japan, or Israel if that Organization,
member government, or the Governments of the Republic of Korea,
Australia, New Zealand, Japan, or Israel \88\ provides such
data and services in accordance with an agreement on a
reciprocal basis, without charge, to the United States
Government.
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\88\ Sec. 203(b)(4) of the Naval Vessel Transfer Act of 2008
(Public Law 110-429; 122 Stat. 4845) struck out ``or to any member
government of that Organization if that Organization or member
government'' and inserted in lieu thereof ``, to any member government
of that Organization, or to the Governments of the Republic of Korea,
Australia, New Zealand, Japan, or Israel if that Organization, member
government, or the Governments of the Republic of Korea, Australia, New
Zealand, Japan, or Israel''.
Previously, sec. 534(l)(2) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006 (Public Law
109-102; 119 Stat. 2211), sought to strike out ``or to any member
government that Organization if that Organization or member
government'' and insert in lieu thereof ``, to any member of that
Organization, or to the Governments of Australia, New Zealand, Japan,
or Israel if that Organization, member government, or the Governments
of Australia, New Zealand, Japan, or Israel''. The amendment was not
executable, however, as the phrase to be struck out was not contained
in the text.
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(i) \89\ (1) Sales of defense articles and defense services
which could have significant adverse effect on the combat
readiness of the Armed Forces of the United States shall be
kept to an absolute minimum. The President shall transmit to
the Speaker of the House of Representatives and the Committees
on Armed Services and Foreign Relations of the Senate on the
same day a written statement giving a complete explanation with
respect to any proposal to sell, under this section or under
authority of chapter 2B,\90\ any defense articles or defense
services if such sale could have a significant adverse effect
on the combat readiness of the Armed Forces of the United
States. Each such statement shall be unclassified except to the
extent that public disclosure of any item of information
contained therein would be clearly detrimental to the security
of the United States. Any necessarily classified information
shall be confined to a supplemental report. Each such statement
shall include an explanation relating to only one such proposal
to sell and shall set forth--
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\89\ Subsec. (i), originally added as subsec. (h) by sec. 206 of
the International Security Assistance and Arms Export Control Act of
1976 (Public Law 94-329; 90 Stat. 738), was redesignated as subsec. (i)
by sec. 12 of Public Law 96-92.
\90\ Sec. 3 of Public Law 97-392 (96 Stat. 1962) added the
reference to the authority under chapter 2B.
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(A) the country or international organization to
which the sale is proposed to be made;
(B) the amount of the proposed sale;
(C) a description of the defense article or service
proposed to be sold;
(D) a full description of the impact which the
proposed sale will have on the Armed Forces of the
United States; and
(E) a justification for such proposed sale, including
a certification that such sale is important to the
security of the United States.
A certification described in subparagraph (E) shall take effect
on the date on which such certification is transmitted and
shall remain in effect for not to exceed one year.
(2) No delivery may be made under any sale which is
required to be reported under paragraph (1) of this subsection
unless the certification required to be transmitted by
paragraph (E) of paragraph (1) is in effect.
(j) \91\ * * * [Repealed--1996]
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\91\ Sec. 112 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 206) repealed subsec. (j),
originally added by sec. 114 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2333). The subsec.
read as follows:
``(j) Tank and Infantry Vehicle Upgrades.--(1) Funds received from
the sale of tanks under this section shall be available for the
upgrading of tanks for fielding to the Army.
``(2) Funds received from the sale of infantry fighting vehicles or
armored personnel carriers under this section shall be available for
the upgrading of infantry fighting vehicles or armored personnel
carriers for fielding to the Army.
``(3) Paragraphs (1) and (2) apply only to the extent provided in
advance in appropriations Acts.
``(4) This subsection applies with respect to funds received from
sales occurring after September 30, 1989.''.
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(k) \92\ Before entering into the sale under this Act of
defense articles that are excess to the stocks of the
Department of Defense, the President shall determine that the
sale of such articles will not have an adverse impact on the
national technology and industrial base and, particularly, will
not reduce the opportunities of entities in the national
technology and industrial base to sell new or used equipment to
the countries to which such articles are transferred.
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\92\ Sec. 731(d) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503) added subsec.
(k). Sec. 104(b)(1) of Public Law 104-164 (110 Stat. 1426) struck out
``the President shall first consider the effects of the sale of the
articles on the national technology and industrial base, particularly
the extent, if any, to which the sale reduces the opportunities of
entities in the national technology and industrial base to sell new
equipment to the country or countries to which the excess defense
articles are sold.'' and inserted the text beginning ``the President
shall * * *''.
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(l) \93\ Repair of Defense Articles.--
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\93\ Sec. 152(a) of Public Law 104-164 (110 Stat. 1438) added
subsec. (l). Subsec. (c) (22 U.S.C. 2761 note) of that section
provided: ``Under the direction of the President, the Secretary of
Defense shall promulgate regulations to implement subsections (l) and
(m) of section 21 of the Arms Export Control Act.''.
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(1) In general.--The President may acquire a
repairable defense article from a foreign country or
international organization if such defense article--
(A) previously was transferred to such
country or organization under this Act;
(B) is not an end item; and
(C) will be exchanged for a defense article
of the same type that is in the stocks of the
Department of Defense.
(2) Limitation.--The President may exercise the
authority provided in paragraph (1) only to the extent
that the Department of Defense--
(A)(i) has a requirement for the defense
article being returned; and
(ii) has available sufficient funds
authorized and appropriated for such purpose;
or
(B)(i) is accepting the return of the defense
article for subsequent transfer to another
foreign government or international
organization pursuant to a letter of offer and
acceptance implemented in accordance with this
Act; and
(ii) has available sufficient funds provided
by or on behalf of such other foreign
government or international organization
pursuant to a letter of offer and acceptance
implemented in accordance with this Act.
(3) Requirement.--(A) The foreign government or
international organization receiving a new or repaired
defense article in exchange for a repairable defense
article pursuant to paragraph (1) shall, upon the
acceptance by the United States Government of the
repairable defense article being returned, be charged
the total cost associated with the repair and
replacement transaction.
(B) The total cost charged pursuant to subparagraph
(A) shall be the same as that charged the United States
Armed Forces for a similar repair and replacement
transaction, plus an administrative surcharge in
accordance with subsection (e)(1)(A) of this section.
(4) Relationship to certain other provisions of
law.--The authority of the President to accept the
return of a repairable defense article as provided in
subsection (a) shall not be subject to chapter 137 of
title 10, United States Code, or any other provision of
law relating to the conclusion of contracts.
(m) \94\ Return of Defense Articles.--
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\94\ Sec. 152(b) of Public Law 104-164 (110 Stat. 1439) added
subsec. (m). Subsec. (c) (22 U.S.C. 2761 note) of that section
provided: ``Under the direction of the President, the Secretary of
Defense shall promulgate regulations to implement subsections (l) and
(m) of section 21 of the Arms Export Control Act.''.
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(1) In general.--The President may accept the return
of a defense article from a foreign country or
international organization if such defense article--
(A) previously was transferred to such
country or organization under this Act;
(B) is not significant military equipment (as
defined in section 47(9) of this Act); and
(C) is in fully functioning condition without
need of repair or rehabilitation.
(2) Limitation.--The President may exercise the
authority provided in paragraph (1) only to the extent
that the Department of Defense--
(A)(i) has a requirement for the defense
article being returned; and
(ii) has available sufficient funds
authorized and appropriated for such purpose;
or
(B)(i) is accepting the return of the defense
article for subsequent transfer to another
foreign government or international
organization pursuant to a letter of offer and
acceptance implemented in accordance with this
Act; and
(ii) has available sufficient funds provided
by or on behalf of such other foreign
government or international organization
pursuant to a letter of offer and acceptance
implemented in accordance with this Act.
(3) Credit for transaction.--Upon acquisition and
acceptance by the United States Government of a defense
article under paragraph (1), the appropriate Foreign
Military Sales account of the provider shall be
credited to reflect the transaction.
(4) Relationship to certain other provisions of
law.--The authority of the President to accept the
return of a defense article as provided in paragraph
(1) shall not be subject to chapter 137 of title 10,
United States Code, or any other provision of law
relating to the conclusion of contracts.
Sec. 22.\95\ Procurement for Cash Sales.--(a) Except as
otherwise provided in this section, the President may, without
requirement for charge to any appropriation or contract
authorization otherwise provided, enter into contracts for the
procurement of defense articles or defense services for sale
for United States dollars to any foreign country or
international organization if such country or international
organization provides the United States Government with a
dependable undertaking (1) to pay the full amount of such
contract which will assure the United States Government against
any loss on the contract, and (2) to make funds available in
such amounts and at such times as may be required to meet the
payments required by the contract and any damages and costs
that may accrue from the cancellation of such contract, in
advance of the time such payments, damages, or costs are due.
Interest shall be charged on any net amount by which any such
country or international organization is in arrears under all
of its outstanding unliquidated dependable undertakings,
considered collectively. The rate of interest charged shall be
a rate not less than a rate determined by the Secretary of the
Treasury taking into consideration the current average market
yield on outstanding short-term obligations of the United
States as of the last day of the month preceding the net
arrearage and shall be computed from the date of net
arrearage.\96\
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\95\ 22 U.S.C. 2762. Sec. 25(3) of the FA Act of 1973 (Public Law
93-189) amended and restated sec. 22, which formerly read as follows:
``Sec. 22. Procurement for Cash Sales.--The President may, without
requirement for charge to any appropriation or contract authorization
otherwise provided, enter into contracts for the procurement of defense
articles or defense services for sale for United States dollars to any
friendly country or international organization if such country or
international organization provides the United States Government with a
dependable undertaking (1) to pay the full amount of such contract
which will assure the United States Government against any loss on the
contract, and (2) to make funds available in such amounts and at such
times as may be required to meet the payments required by the contract,
and any damages and costs that may accrue from the cancellation of such
contract, in advance of the time such payments, damages, or costs are
due: Provided, That the President may, when he determines it to be in
the national interest accept a dependable undertaking to make full
payment within one hundred and twenty days after delivery of the
defense articles, or the rendering of the defense services, and
appropriations available to the Department of Defense may be used to
meet the payments required by the contracts and shall be reimbursed by
the amounts subsequently received from the country or international
organization: Provided further, That the President may, when he
determines it to be in the national interest, enter into sales
agreements with purchasing countries or international organizations
which fix prices to be paid by the purchasing countries or
international organizations for the defense articles or defense
services ordered. Funds made available under section 31 for financing
sales shall be used to reimburse the applicable appropriations in the
amounts required by the contracts which exceed the price so fixed,
except that such reimbursement shall not be required upon determination
by the President that the continued production of the defense article
being sold is advantageous to the Armed Forces of the United States.
Payments by purchasing countries or international organizations which
exceed the amounts required by such contracts shall be transferred to
the general fund of the Treasury. To the maximum extent possible,
prices fixed under any such sales agreement shall be sufficient to
reimburse the United States for the cost of defense articles or defense
services ordered. The President shall submit to the Congress promptly a
detailed report concerning any fixed- price sales agreement under which
the aggregate cost to the United States exceeds the aggregate amount
required to be paid by the purchasing country or international
organization. No sales of unclassified defense articles shall be made
to the government of any economically developed nation under the
provisions of this section unless such articles are not generally
available for purchase by such nations from commercial sources in the
United States: Provided, however, That the President may waive the
provisions of this sentence when he determines that the waiver of such
provisions is in the national interest.''.
\96\ Sec. 207(a) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 738) added the
last two sentences of this para.
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(b) The President may, if he determines it to be in the
national interest, issue letters of offer under this section
which provide for billing upon delivery of the defense article
or rendering of the defense service and for payment within one
hundred and twenty days after the date of billing. This
authority may be exercised, however, only if the President also
determines that the emergency requirements of the purchaser for
acquisition of such defense articles and services exceed the
ready availability to the purchaser of funds sufficient to make
payments on a dependable undertaking basis and submits both
determinations to the Congress together with a special
emergency request for authorization and appropriation of
additional funds to finance such purchases under this Act.\97\
Appropriations available to the Department of Defense may be
used to meet the payments required by the contracts for the
procurement of defense articles and defense services and shall
be reimbursed by the amounts subsequently received from the
country or international organization to whom articles or
services are sold.
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\97\ Sec. 207(b) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 738) amended
subsec. (b) by striking out the first sentence and adding in lieu
thereof the first two sentences. The first sentence of subsec. (b)
formerly read as follows: ``(b) The President may, when he determines
it to be in the national interest, accept a dependable undertaking of a
foreign country or international organization with respect to any such
sale, to make full payment within 120 days after delivery of the
defense articles or the rendering of the defense services.''.
Sec. 1007(b)(5) of the DOD Authorization Act, 1985 (Public Law 98-
525; 98 Stat. 2579) waived the requirement under sec. 22 for payment in
advance of delivery with respect to the purchase by the Federal
Republic of Germany of one Patriot missile fire unit.
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(c) \98\ The provisions of the Renegotiation Act of 1951 do
not apply to procurement contracts, heretofore or hereafter
entered into under this section, section 29, or predecessor
provisions of law.
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\98\ Subsec. (c), as added by sec. 17 of the International Security
Assistance Act of 1978 (Public Law 95-384; 92 Stat. 740), was amended
and restated by sec. 105(b)(2) of the International Security and
Development Cooperation Act of 1980 (Public Law 96-553; 94 Stat. 3134).
It formerly read as follows:
``(c) The provisions of the Renegotiation Act of 1951 do not apply
to contracts for the procurement of defense articles and defense
services heretofore or hereafter entered into under this section or
predecessor provisions of law.''.
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(d) \99\ Competitive Pricing.--(1) \100\ Procurement
contracts made in implementation of sales under this section
for defense articles and defense services wholly paid for from
funds made available on a nonrepayable basis shall be priced on
the same costing basis with regard to profit, overhead,
independent research and development, bid and proposal, and
other costing elements, as is applicable to procurements of
like items purchased by the Department of Defense for its own
use.
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\99\ Sec. 531A(a) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
Stat. 731), added subsec. (d). Sec. 531A(b) and (c) of that Act
provided the following:
``(b) Effective Date and Implementing Regulations.--Section 22(d)
of the Arms Export Control Act, as added by subsection (a)--
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``(1) shall take effect on the 60th day following the date of the
enactment of this Act;
``(2) shall be applicable only to contracts made in implementation of
sales made after such effective date; and
``(3) shall be implemented by revised procurement regulations, which
shall be issued prior to such effective date.
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``(c) Direct Costs Allowable.--Direct costs associated with meeting
a foreign customer's additional or unique requirements will continue to
be allowable under such contracts. Loadings applicable to such direct
costs shall be permitted at the same rates applicable to procurement of
like items purchased by the Department of Defense for its own use.''.
\100\ Sec. 1223 of the Security Assistance Act of 1999 (title XII
of the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536))
struck out ``Procurement contracts'', inserted in lieu thereof ``(1)
Procurement contracts'', and added para. (2).
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(2) \100\ Direct costs associated with meeting additional
or unique requirements of the purchaser shall be allowable
under contracts described in paragraph (1). Loadings applicable
to such direct costs shall be permitted at the same rates
applicable to procurement of like items purchased by the
Department of Defense for its own use.
Sec. 23.\101\, \102\ Credit Sales.--(a) The
President is authorized to finance the procurement of defense
articles, defense services, and design and construction
services by friendly foreign countries and international
organizations, on such terms and conditions as he may determine
consistent with the requirements of this section.
Notwithstanding any other provision of law, and subject to the
regular notification requirements of the Committees on
Appropriations, the authority of this section may be used to
provide financing to Israel and Egypt for the procurement by
leasing (including leasing with an option to purchase) of
defense articles from United States commercial suppliers, not
including Major Defense Equipment (other than helicopters and
other types of aircraft having possible civilian application),
if the President determines that there are compelling foreign
policy or national security reasons for those defense articles
being provided by commercial lease rather than by government-
to-government sale under this Act.\103\
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\101\ 22 U.S.C. 2763. Sec. 102 of the International Security and
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 195)
amended and restated sec. 23, which previously read as follows:
``The President is authorized to finance procurements of defense
articles, defense services, and design and construction services by
friendly foreign countries and international organizations on terms
requiring the payment to the United States Government in United States
dollars of--
``(1) the value of such articles or services within a period not to
exceed twelve years after the delivery of such articles or the
rendering of such services; and
``(2) interest on the unpaid balance of that obligation for payment
of the value of such articles or services, at a rate equivalent to the
current average interest rate, as of the last day of the month
preceding the financing of such procurement that the United States
Government pays on outstanding marketable obligations of comparable
maturity, unless the President certifies to Congress that the national
interest requires a lesser rate of interest and states in the
certification the lesser rate so required and the justification
therefor.''.
Prior to that, sec. 45(a)(2) of the FA Act of 1974 (Public Law 93-
559) amended sec. 23, which formerly read as follows:
``Sec. 23. Credit Sales.--The President is hereby authorized to
finance procurements of defense articles and defense services by
friendly countries and international organizations on terms of
repayment to the United States Government of not less than the value
thereof in the United States dollars within a period of not to exceed
ten years after the delivery of the defense articles or the rendering
of the defense services.''.
On September 29, 2005, the President issued a memorandum for the
Secretary of State stating: ``I hereby determine it necessary for the
purposes of that Act [the Foreign Assistance Act of 1961] that $5
million in FY 2004 funds made available under the Support for East
European Democracy Act ($1 million) and FY 2005 funds made available
under chapter 9 of part II of the Act ($1.2 million) and under section
23 of the Arms Export Control Act ($2.8 million) be transferred to, and
consolidated with, funds made available under chapter 8 of part I of
the Act, and such funds are hereby so transferred and consolidated.''
(Presidential Determination No. 2005-41; October 17, 2005; 70 F.R.
60403).
\102\ Sec. 101(b) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 193) provided an
authorization for each of the fiscal years 1986 and 1987 of
$5,371,000,000 to carry out sec. 23 and set a ceiling of $553,900,000
for each fiscal year of the amount that may be made available at
concessional interest rates. See also ``Security Assistance and Arms
Sales Legislation,'' in Legislation on Foreign Relations Through 2008,
vol. I-B.
See also the Naval Vessel Transfer Act of 2008 (Public Law 110-429;
122 Stat. 4842), particularly secs. 201 and 202, relating to Israel.
Title III of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 850), provides the following:
---------------------------------------------------------------------------
``nonproliferation, anti-terrorism, demining and related programs
---------------------------------------------------------------------------
``For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $525,000,000, to carry
out the provisions of chapter 8 of part II of the Foreign Assistance
Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the
Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act,
section 23 of the Arms Export Control Act or the Foreign Assistance Act
of 1961 for demining activities, the clearance of unexploded ordnance,
the destruction of small arms, and related activities, notwithstanding
any other provision of law, including activities implemented through
nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided, That of this amount not to exceed $41,000,000, to
remain available until expended, may be made available for the
Nonproliferation and Disarmament Fund, notwithstanding any other
provision of law, to promote bilateral and multilateral activities
relating to nonproliferation and disarmament: Provided further, That
such funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the
United States to do so: Provided further, That funds appropriated under
this heading may be made available for IAEA only if the Secretary of
State determines (and so reports to the Congress) that Israel is not
being denied its right to participate in the activities of that Agency:
Provided further, That of the funds appropriated under this heading,
not more than $750,000 may be made available for public-private
partnerships for conventional weapons and mine action by grant,
cooperative agreement or contract: Provided further, That of the funds
made available for demining and related activities, not to exceed
$700,000, in addition to funds otherwise available for such purposes,
may be used for administrative expenses related to the operation and
management of the demining program: Provided further, That funds
appropriated under this heading that are available for `Anti-terrorism
Assistance' and `Export Control and Border Security' shall remain
available until September 30, 2010.''.
Title IV of that Act (123 Stat. 855) provides the following:
---------------------------------------------------------------------------
``foreign military financing program
---------------------------------------------------------------------------
``For necessary expenses for grants to enable the President to
carry out the provisions of section 23 of the Arms Export Control Act,
$4,635,000,000: Provided, That of the funds appropriated under this
heading, not less than $2,380,000,000 shall be available for grants
only for Israel, and not less than $1,300,000,000 shall be made
available for grants only for Egypt, including for border security
programs and activities in the Sinai: Provided further, That the funds
appropriated by this paragraph for Israel shall be disbursed within 30
days of the enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for such
purposes, grants made available for Israel by this paragraph shall, as
agreed by the United States and Israel, be available for advanced
weapons systems, of which not less than $670,650,000 shall be available
for the procurement in Israel of defense articles and defense services,
including research and development: Provided further, That of the funds
appropriated by this paragraph, $235,000,000 shall be made available
for assistance for Jordan: Provided further, That of the funds
appropriated under this heading, not more than $53,000,000 shall be
available for Colombia, of which $12,500,000 is available to support
maritime interdiction: Provided further, That funds appropriated under
this heading for assistance for Pakistan may be made available only for
border security, counter-terrorism and law enforcement activities
directed against Al Qaeda, the Taliban and associated terrorist groups:
Provided further, That none of the funds made available under this
heading shall be made available to support or continue any program
initially funded under the authority of section 1206 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3456) unless the Secretary of State has previously justified such
program to the Committees on Appropriations: Provided further, That
funds appropriated or otherwise made available by this paragraph shall
be nonrepayable notwithstanding any requirement in section 23 of the
Arms Export Control Act: Provided further, That funds made available
under this paragraph shall be obligated upon apportionment in
accordance with paragraph (5)(C) of title 31, United States Code,
section 1501(a).
``None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That none of the funds
appropriated under this heading may be made available for assistance
for Nepal, Sri Lanka, Pakistan, Bangladesh, Philippines, Indonesia,
Bosnia and Herzegovina, Haiti, Guatemala, Ethiopia, and the Democratic
Republic of the Congo except pursuant to the regular notification
procedures of the Committees on Appropriations: Provided further, That
funds made available under this heading may be used, notwithstanding
any other provision of law, for demining, the clearance of unexploded
ordnance, and related activities, and may include activities
implemented through nongovernmental and international organizations:
Provided further, That only those countries for which assistance was
justified for the `Foreign Military Sales Financing Program' in the
fiscal year 1989 congressional presentation for security assistance
programs may utilize funds made available under this heading for
procurement of defense articles, defense services or design and
construction services that are not sold by the United States Government
under the Arms Export Control Act: Provided further, That funds
appropriated under this heading shall be expended at the minimum rate
necessary to make timely payment for defense articles and services:
Provided further, That not more than $51,420,000 of the funds
appropriated under this heading may be obligated for necessary
expenses, including the purchase of passenger motor vehicles for
replacement only for use outside of the United States, for the general
costs of administering military assistance and sales, except that this
limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations: Provided further, That
of the funds appropriated under this heading for general costs of
administering military assistance and sales, not to exceed $4,000 shall
be available for entertainment expenses and not to exceed $130,000
shall be available for representation allowances: Provided further,
That not more than $470,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal year 2009
pursuant to section 43(b) of the Arms Export Control Act, except that
this limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations: Provided further, That
funds appropriated under this heading estimated to be outlayed for
Egypt during fiscal year 2009 shall be transferred to an interest
bearing account for Egypt in the Federal Reserve Bank of New York
within 30 days of enactment of this Act.''.
Title VII of that Act (123 Stat. 863, 866, 912) provides the
following:
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``availability of funds
---------------------------------------------------------------------------
``Sec. 7011. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided in this Act: Provided,
That funds appropriated for the purposes of chapters 1, 8, 11, and 12
of part I, section 661, section 667, chapters 4, 5, 6, 8, and 9 of part
II of the Foreign Assistance Act of 1961, section 23 of the Arms Export
Control Act, and funds provided under the headings `Assistance for
Europe, Eurasia and Central Asia' and `Development Credit Authority',
shall remain available for an additional 4 years from the date on which
the availability of such funds would otherwise have expired, if such
funds are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available
until expended.
---------------------------------------------------------------------------
* * * * * * *
``reprogramming notification requirements
---------------------------------------------------------------------------
``Sec. 7015. * * * (c) * * * Provided, That the President shall not
enter into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or combat
vehicles, not previously justified to Congress or 20 percent in excess
of the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment: * *
*.
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* * * * * * *
``commercial leasing of defense articles
---------------------------------------------------------------------------
``Sec. 7085. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt and NATO
and major non-NATO allies for the procurement by leasing (including
leasing with an option to purchase) of defense articles from United
States commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having possible
civilian application), if the President determines that there are
compelling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather than by
government-to-government sale under such Act.''.
Title XI of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1894) provides the following:
---------------------------------------------------------------------------
``foreign military financing program
---------------------------------------------------------------------------
``For an additional amount for `Foreign Military Financing
Program', $1,294,000,000, to remain available until September 30, 2010:
Provided, That not less than $260,000,000 shall be made available for
assistance for the Mexican Navy and shall be available notwithstanding
section 7045(e) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8): Provided further, That funds made available pursuant to the
previous proviso shall be available notwithstanding section 36(b) of
the Arms Export Control Act: Provided further, That of the funds
appropriated under this heading, not less than $150,000,000 shall be
made available for assistance for Jordan: Provided further, That of the
funds appropriated under this heading, not less than $555,000,000,
shall be available for grants only for Israel and shall be disbursed
not later than October 30, 2009: Provided further, That to the extent
that the Government of Israel requests that funds be used for such
purposes, grants made available for Israel by this paragraph shall, as
agreed by the United States and Israel, be available for advanced
weapons systems, of which $145,965,000 shall be available for the
procurement in Israel of defense articles and defense services,
including research and development: Provided further, That of the funds
appropriated under this heading, not less than $260,000,000 shall be
made available for grants only for Egypt, including for border security
programs and activities in the Sinai: Provided further, That funds
appropriated pursuant to the previous proviso estimated to be outlayed
for Egypt shall be transferred to an interest bearing account for Egypt
in the Federal Reserve Bank of New York not later than October 30,
2009: Provided further, That up to $69,000,000 may be made available
for assistance for Lebanon.
---------------------------------------------------------------------------
``pakistan counterinsurgency capability fund
``(including transfer of funds)
---------------------------------------------------------------------------
``There is hereby established in the Treasury of the United States
a special account to be known as the `Pakistan Counterinsurgency
Capability Fund'. For necessary expenses to carry out the provisions of
chapter 8 of part I and chapters 2, 5, 6, and 8 of part II of the
Foreign Assistance Act of 1961 and section 23 of the Arms Export
Control Act for counterinsurgency activities in Pakistan, $700,000,000,
which shall become available on September 30, 2009, and remain
available until September 30, 2011: Provided, That such funds shall be
available to the Secretary of State, with the concurrence of the
Secretary of Defense, notwithstanding any other provision of law, for
the purpose of providing assistance for Pakistan to build and maintain
the counterinsurgency capability of Pakistani security forces
(including the Frontier Corps), to include program management and the
provision of equipment, supplies, services, training, and facility and
infrastructure repair, renovation, and construction: Provided further,
That such funds may be transferred by the Secretary of State to the
Department of Defense or other Federal departments or agencies to
support counterinsurgency operations and may be merged with and be
available for the same purposes and for the same time period as the
appropriation or fund to which transferred, or may be transferred
pursuant to the authorities contained in the Foreign Assistance Act of
1961: Provided further, That the Secretary of State shall, not fewer
than 15 days prior to making transfers from this appropriation, notify
the Committees on Appropriations, and the congressional defense and
foreign affairs committees, in writing of the details of any such
transfer: Provided further, That the Secretary of State shall submit
not later than 30 days after the end of each fiscal quarter to the
Committees on Appropriations a report summarizing, on a project-by-
project basis, the transfer of funds from this appropriation: Provided
further, That upon determination by the Secretary of Defense or head of
other Federal department or agency, with the concurrence of the
Secretary of State, that all or part of the funds so transferred from
this appropriation are not necessary for the purposes herein, such
amounts may be transferred by the head of the relevant Federal
department or agency back to this appropriation and shall be available
for the same purposes and for the same time period as originally
appropriated: Provided further, That any required notification or
report may be submitted in classified or unclassified form.''.
\103\ Sec. 572 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1988 (Continuing Appropriations
for 1988, Public Law 100-202) added this sentence.
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(b) The President shall require repayment in United States
dollars within a period not to exceed twelve years \104\ after
the loan agreement with the country or international
organization is signed on behalf of the United States
Government, unless a longer period is specifically authorized
by statute for that country or international organization.
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\104\ Sec. 208(a) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 739) struck out
``ten years'' and inserted in lieu thereof ``twelve years''. Sec.
208(b) of the same Act went on to say, ``The amendment made by
subsection (a) shall apply with respect to financing under agreements
entered into on or after the date of enactment of this Act for the
procurement of defense articles to be delivered, or defense services to
be rendered, after such date''.
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(c)(1) The President shall charge interest under this
section at such rate as he may determine, except that such rate
may not be less than 5 percent per year.
(2) For purposes of financing provided under this section--
(A) the term ``concessional rate of interest'' means
any rate of interest which is less than market rates of
interest; and
(B) the term ``market rate of interest'' means any
rate of interest which is equal to or greater than the
current average interest rate (as of the last day of
the month preceding the financing of the procurement
under this section) that the United States Government
pays on outstanding marketable obligations of
comparable maturity.
(d) References in any law to credits extended under this
section shall be deemed to include reference to participations
in credits.
(e) \105\ (1) Funds made available to carry out this
section may be used by a foreign country to make payments of
principal and interest which it owes to the United States
Government on account of credits previously extended under this
section or loans previously guaranteed under section 24,
subject to paragraph (2).
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\105\ Sec. 580 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2045), added subsec. (e).
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(2) Funds made available to carry out this section may not
be used for prepayment of principal or interest pursuant to the
authority of paragraph (1).
(f) \106\ For each fiscal year, the Secretary of Defense,
as requested by the Director of the Defense Security Assistance
Agency, shall conduct audits on a nonreimbursable basis of
private firms that have entered into contracts with foreign
governments under which defense articles, defense services, or
design and construction services are to be procured by such
firms for such governments from financing under this section.
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\106\ Sec. 102(a) of Public Law 104-164 (110 Stat. 1422) added
subsec. (f).
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(g) \107\ (1) For each country and international
organization that has been approved for cash flow financing
under this section, any letter of offer and acceptance or other
purchase agreement, or any amendment thereto, for a procurement
of defense articles, defense services, or design and
construction services in excess of $100,000,000 that is to be
financed in whole or in part with funds made available under
this Act or the Foreign Assistance Act of 1961 shall be
submitted to the congressional committees specified in section
634A(a) of the Foreign Assistance Act of 1961 in accordance
with the procedures applicable to reprogramming notifications
under that section.
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\107\ Sec. 102(b) of Public Law 104-164 (110 Stat. 1422) added
subsec. (g).
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(2) For purposes of this subsection, the term ``cash flow
financing'' has the meaning given such term in subsection (d)
of section 25, as added by section 112(b) of Public Law 99-83.
(h) \108\ Of the amounts made available for a fiscal year
to carry out this section, not more than $100,000,000 for such
fiscal year may be made available for countries other than
Israel and Egypt for the purpose of financing the procurement
of defense articles, defense services, and design and
construction services that are not sold by the United States
Government under this Act.
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\108\ Sec. 102(c) of Public Law 104-164 (110 Stat. 1422) added
subsec. (h).
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Sec. 24.\109\ Guaranties.--(a) The President may guarantee
any individual, corporation, partnership, or other juridical
entity doing business in the United States (excluding United
States Government agencies other than the Federal Financing
Bank) \110\ against political and credit risks of nonpayment
arising out of their financing of credit sales of defense
articles, defense services, and design and construction
services \85\ to friendly countries and international
organizations. Fees shall be charged for such guaranties.
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\109\ 22 U.S.C. 2764.
\110\ Sec. 45(a)(3) of the FA Act of 1974 (Public Law 93-559)
struck out ``(excluding United States Government agencies)'' and
inserted in lieu thereof ``(excluding United States Government agencies
other than the Federal Financing Bank)''.
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(b) The President may sell to any individual, corporation,
partnership, or other juridical entity (excluding United States
Government agencies other than the Federal Financing Bank)
\110\ promissory notes issued by friendly countries and
international organizations as evidence of their obligations to
make repayments to the United States on account of credit sales
financed under section 23, and may guarantee payment thereof.
(c) \111\ Funds obligated under this section before the
date of enactment of the International Security and Development
Cooperation Act of 1980 which constitute a single reserve for
the payment of claims under guaranties issued under this
section shall remain available for expenditure for the purposes
of this section on and after that date. That single reserve
may, on and after the date of enactment of the International
Security and Development Cooperation Act of 1985, be referred
to as the ``Guaranty Reserve Fund.'' Funds provided for
necessary expenses to carry out the provisions of section 23 of
the Arms Export Control Act and of section 503 of the Foreign
Assistance Act of 1961, as amended, may be used to pay claims
on the Guaranty Reserve Fund to the extent that funds in the
Guaranty Reserve Fund are inadequate for that purpose.
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\111\ Subsec. (c), as amended by the FA Act of 1973 (Public Law 93-
189) and the FA Act of 1974 (Public Law 93-559), was further amended
and restated by sec. 104(a) of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3132).
It formerly read as follows:
``(c) Funds made available to carry out this Act shall be obligated
in an amount equal to 10 per centum of the principal amount of
contractual liability related to any guaranty issued under this
section, and all the funds so obligated shall constitute a single
reserve for the payment of claims under such guaranties. Any funds so
obligated which are deobligated from time to time during any current
fiscal year as being in excess of the amount necessary to maintain a
fractional reserve of 10 per centum in the principal amount of
contractual liability under outstanding guaranties shall be transferred
to the general fund of the Treasury. Any guaranties issued hereunder
shall be backed by the full faith and credit of the United States.''.
Sec. 106 (b) and (c) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 196) amended
subsec. (c) by deleting the following text:
``The President shall report promptly to the Congress whenever the
payment of a claim under any such guaranty reduces the total amount of
funds in the single reserve under this subsection to an amount less
than $750,000,000, together with his recommendations for the
authorization of appropriations of additional funds for such
reserve.''.
It also added the text beginning with ``That single reserve'' and
continued with the following:
``Funds authorized to be appropriated by section 31(a) to carry out
this Act which are allocated for credits at market rates of interest
may be used to pay claims under such guarantees to the extent funds in
the Guaranty Reserve Fund are inadequate for that purpose.''.
The Supplemental Appropriations Act, 1987 (Public Law 100-71; 101
Stat. 409), deleted this text and replaced it with the present
language.
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For purposes of any provision in this Act or any other Act
relating to a prohibition or limitation on the availability of
funds under this Act, whenever a guaranty is issued under this
section, the principal amount of the loan so guaranteed shall
be deemed to be funds made available for use under this Act.
Any guaranties issued hereunder shall be backed by the full
faith and credit of the United States.
Sec. 25.\112\ Annual Estimate and Justification for Sales
Program.--(a) Except as provided in subsection (d) of this
section,\113\ no later than February 1 of each year, the
President shall transmit to the appropriate congressional
committees,\114\ as a part of the annual presentation materials
for security assistance programs proposed for the next fiscal
year, a report which sets forth--
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\112\ 22 U.S.C. 2765. Popularly referred to as the ``Javits
report''. Sec. 25, as added by sec. 209(a) of Public Law 94-329 (90
Stat. 739), amended by sec. 18 of Public Law 95-384 (92 Stat. 740),
secs. 13 and 14 of Public Law 96-92 (93 Stat. 706), by secs. 104 and
107 of Public Law 96-533 (94 Stat. 3183), was amended and restated by
sec. 732 of the International Security and Development Cooperation Act
of 1981 (Public Law 97-113; 95 Stat. 1557). The previous text of sec.
25 required information similar to that specified in new paras. (1)
through (4), (7), and (8). Much of the remaining information now
required by sec. 25, was formerly required by other statutes as
follows: para. (6)--sec. 43(c) of the Arms Export Control Act; para.
(9)--sec. 668 of the Foreign Assistance Act of 1961; para. (10)--sec.
714 of the International Security and Development Cooperation Act of
1980; and para. (11)--sec. 634(a)(4) of the Foreign Assistance Act of
1961.
\113\ Subsec. (d) and the reference to it at the beginning of
subsec. (a) were added by sec. 113(1) and (2) of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
Stat. 198).
\114\ Sec. 519(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
Stat. 2411), struck out ``Congress'' and inserted in lieu thereof
``appropriate congressional committees''.
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(1) \115\ an Arms Sales Proposal covering all sales
and licensed commercial exports under this Act of major
weapons or weapons-related defense equipment for
$7,000,000 or more, or of any other weapons or weapons-
related defense equipment for $25,000,000 or more,
which are considered eligible for approval during the
current calendar year, together with an indication of
which sales and licensed commercial exports are deemed
most likely actually to result in the issuance of a
letter of offer or of an export license during such
year;
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\115\ Sec. 519 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1995 (Public Law 103-306; 108
Stat. 1631), provided the following:
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``reporting requirement
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``Sec. 519. The President shall submit to the Committees on
Appropriations the reports required by section 25(a)(1) of the Arms
Export Control Act.''.
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(2) an estimate of the total amount of sales and
licensed commercial exports expected to be made to each
foreign nation from the United States;
(3) the United States national security
considerations involved in expected sales or licensed
commercial exports to each country, an analysis of the
relationship between anticipated sales to each country
and arms control efforts concerning such country and an
analysis of the impact of such anticipated sales on the
stability of the region that includes such country;
(4) an estimate with regard to the international
volume of arms traffic to and from nations purchasing
arms as set forth in paragraphs (1) and (2) of this
subsection, together with best estimates of the sale
and delivery of weapons and weapons-related defense
equipment by all major arms suppliers to all major
recipient countries during the preceding fiscal year;
(5)(A) \116\ an estimate of the aggregate dollar
value and quantity of defense articles and defense
services, military education and training, grant
military assistance, and credits and guarantees, to be
furnished by the United States to each foreign country
and international organization in the next fiscal year;
and
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\116\ Sec. 112(a) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 198) added subpara.
(B) and subpara. designation ``(A)''.
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(B) \116\ for each country that is proposed to be
furnished credits or guaranties under this Act in the
next fiscal year and that has been approved for cash
flow financing (as defined in subsection (d) of this
section) in excess of $100,000,000 as of October 1 of
the current fiscal year--
(i) the amount of such approved cash flow
financing,
(ii) a description of administrative ceilings
and controls applied, and
(iii) a description of the financial
resources otherwise available to such country
to pay such approved cash flow financing;
(6) an analysis and description of the services
performed during the preceding fiscal year by officers
and employees of the United States Government carrying
out functions on a full-time basis under this Act for
which reimbursement is provided under section 43(b) or
section 21(a) of this Act, including the number of
personnel involved in performing such services;
(7) the total amount of funds in the reserve under
section 24(c) at the end of the fiscal year immediately
preceding the fiscal year in which a report under this
section is made, together with an assessment of the
adequacy of such total amount of funds as a reserve for
the payment of claims under guaranties issued pursuant
to section 24 in view of the current debt servicing
capacity of borrowing countries, as reported to the
Congress pursuant to section 634(a)(5) of the Foreign
Assistance Act of 1961;
(8) a list of all countries with respect to which
findings made by the President pursuant to section
3(a)(1) of this Act are in effect on the date of such
transmission;
(9) the progress made under the program of the
Republic of Korea to modernize its armed forces, the
role of the United States in mutual security efforts in
the Republic of Korea and the military balance between
the People's Republic of Korea and the Republic of
Korea;
(10) the amount and nature of Soviet military
assistance to the armed forces of Cuba during the
preceding fiscal year and the military capabilities of
those armed forces;
(11) the status of each loan and each contract of
guaranty or insurance theretofore made under the
Foreign Assistance Act of 1961, predecessor Acts, or
any Act authorizing international security assistance,
with respect to which there remains outstanding any
unpaid obligation or potential liability; the status of
each extension of credit for the procurement of defense
articles or defense services, and of each contract of
guaranty in connection with any such procurement,
theretofore made under the Arms Export Control Act with
respect to which there remains outstanding any unpaid
obligation or potential liability; \117\
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\117\ Sec. 102(d) of Public Law 104-164 (110 Stat. 1423) struck out
``and'' at the end of para. (11); redesignated para. (12) as para.
(13); and added a new para. (12).
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(12) \117\ (A) a detailed accounting of all articles,
services, credits, guarantees, or any other form of
assistance furnished by the United States to each
country and international organization, including
payments to the United Nations, during the preceding
fiscal year for the detection and clearance of
landmines, including activities relating to the
furnishing of education, training, and technical
assistance for the detection and clearance of
landmines; and
(B) for each provision of law making funds available
or authorizing appropriations for demining activities
described in subparagraph (A), an analysis and
description of the objectives and activities undertaken
during the preceding fiscal year, including the number
of personnel involved in performing such activities;
\118\
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\118\ Sec. 1232 of the Security Assistance Act of 2002 (division B
of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1433), struck out ``and'' at the end of subpara.
(B); redesignated para. (13) as para. (14); and added a new para. (13).
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(13) \118\ a list of weapons systems that are
significant military equipment (as defined in section
47(9) of this Act), and numbers thereof, that are
believed likely to become available for transfer as
excess defense articles during the next 12 months; and
(14) \117\, \118\ such other information
as the President may deem necessary.
(b) Not later than thirty days following the receipt of a
request made by any of the congressional committees described
in subsection (e) \119\ of the House of Representatives for
additional information with respect to any information
submitted pursuant to subsection (a), the President shall
submit such information to such committee.
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\119\ Sec. 519(2) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
Stat. 2411), struck out ``the Committee on Foreign Relations of the
Senate or the Committee on Foreign Affairs'' and inserted in lieu
thereof ``any of the congressional committees described in subsection
(e)''.
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(c) The President shall make every effort to submit all of
the information required by subsection (a) or (b) wholly in
unclassified form. Whenever the President submits any such
information in classified form, he shall submit such classified
information in an addendum and shall also submit simultaneously
a detailed summary, in unclassified form, of such classified
information.
(d) \113\ The information required by subsection (a)(4) of
this section shall be transmitted to the Congress no later than
April 1 of each year.
(d) \120\ For the purposes of subsection (a)(5)(B) of this
section, the term ``cash flow financing'' means the dollar
amount of the difference between the total estimated price of a
Letter of Offer and Acceptance or other purchase agreement that
has been approved for financing under this Act or under section
503(a)(3) of the Foreign Assistance Act of 1961 and the amount
of the financing that has been approved therefor; \120\
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\120\ Subsec. (d), which probably should read subsec. (e), was
added to the end of sec. 25 by sec. 112(b) of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
Stat. 198). It should probably end with a period instead of a
semicolon.
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(e) \121\ As used in this section, the term ``appropriate
congressional committees'' means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives.
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\121\ Sec. 519(3) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
Stat. 2411), added subsec. (e).
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Sec. 26.\122\ Security Assistance \123\ Surveys.--(a) The
Congress finds that surveys prepared by the United States for
foreign countries have had a significant impact on subsequent
military procurement decisions of those countries. It is the
policy of the United States that the results of security
assistance \123\ surveys conducted by the United States clearly
do not represent a commitment by the United States to provide
any military equipment to any foreign country. Further,
recommendations in such surveys should be consistent with the
arms export control policy provided for in this Act.
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\122\ 22 U.S.C. 2766. Added by sec. 19 of the International
Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 740).
\123\ Sec. 114(a)(1) and (2) of the International Security and
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 198)
struck out ``defense requirement'' and inserted in lieu thereof
``security assistance''.
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(b) As part of the quarterly report required by section
36(a) of this Act, the President shall include a list of all
security assistance surveys authorized during the preceding
calendar quarter, specifying the country with respect to which
the survey was or will be conducted, the purpose of the survey,
and the number of United States Government personnel who
participated or will participate in the survey.
(c) Upon a request of the chairman of the Committee on
Foreign Affairs \124\ of the House of Representatives or the
chairman of the Committee on Foreign Relations of the Senate,
the President shall submit to that committee copies of \125\
security assistance \123\ surveys conducted by United States
Government personnel.
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\124\ Sec. 9(a)(7) of the USC Technical Amendments (Public Law 103-
437; 108 Stat. 4588) struck out ``International Relations'' and
inserted in lieu thereof ``Foreign Affairs''. Subsequently, sec.
1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that references
to the Committee on Foreign Affairs of the House of Representatives
shall be treated as referring to the Committee on International
Relations of the House of Representatives.
\125\ Sec. 114(b) of Public Law 99-83 (99 Stat. 199) struck out
``grant that committee access to'' and inserted in lieu thereof
``submit to that committee copies of''.
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(d) \126\ As used in this section, the term ``security
assistance surveys'' means any survey or study conducted in a
foreign country by United States Government personnel for the
purpose of assessing the needs of that country for security
assistance, and includes defense requirement surveys, site
surveys, general surveys or studies, and engineering assessment
surveys.
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\126\ Sec. 114(a)(3) of Public Law 99-83 (99 Stat. 198) added
subsec. (d).
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Sec. 27.\127\ Authority of President to Enter into
Cooperative Projects with Friendly Foreign Countries.--(a) The
President may enter into a cooperative project agreement with
the North Atlantic Treaty Organization or with one or more
member countries of that Organization.
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\127\ 22 U.S.C. 2767. Sec. 27 was added by sec. 15 of the
International Security Assistance Act of 1979 (Public Law 96-92; 93
Stat. 706). It was amended and restated by sec. 115 of the
International Security and Development Cooperation Act of 1985 (Public
Law 99-83; 99 Stat. 199), at which time it was titled ``North Atlantic
Treaty Organization Cooperative Projects.'' Its current heading was
added by sec. 1103(a)(2) of Public Law 99-661 (100 Stat. 3816).
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(b) As used in this section--
(1) the term ``cooperative project'' in the case of
an agreement with the North Atlantic Treaty
Organization \128\ or with one or more member countries
of that Organization, means a jointly managed
arrangement, described in a written agreement among the
parties, which is undertaken in order to further the
objectives of standardization, rationalization, and
interoperability of the armed forces of North Atlantic
Treaty Organization member countries forces and which
provides--
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\128\ Sec. 1103(a)(1)(A)(i) of Public Law 99-661 (100 Stat. 3816)
inserted ``in the case of an agreement with the North Atlantic Treaty
Organization''.
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(A) for one or more of the other participants
to share with the United States the costs of
research on and development, testing,
evaluation, or joint production (including
follow-on support) of certain defense articles;
(B) for concurrent production in the United
States and in another member country of a
defense article jointly developed in accordance
with subparagraph (A); or
(C) for procurement by the United States of a
defense article or defense service from another
member country or for procurement by the United
States of munitions from the North Atlantic
Treaty Organization or a subsidiary of such
organization; \129\
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\129\ Sec. 1022 of Public Law 100-180 (101 Stat. 1144) inserted
``or for procurement by the United States of munitions from the North
Atlantic Treaty Organization or a subsidiary of such organization''.
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(2) \130\ the term ``cooperative project'', in the
case of an agreement entered into under subsection (j),
means a jointly managed arrangement, described in a
written agreement among the parties, which is
undertaken in order to enhance the ongoing
multinational effort of the participants to improve the
conventional defense capabilities of the participants
and which provides--
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\130\ Sec. 1103(a)(1)(A)(iv) of Public Law 99-661 (100 Stat. 3816)
added para. (2) and redesignated former para. (2) as para. (3).
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(A) for one or more of the other participants
to share with the United States the costs of
research on and development, testing,
evaluation, or joint production (including
follow-on support) of certain defense articles;
(B) for concurrent production in the United
States and in the country of another
participant of a defense article jointly
developed in accordance with subparagraph (A);
or
(C) for procurement by the United States of a
defense article or defense service from another
participant to the agreement; and
(3) \130\ the term ``other participant'' means a
participant in a cooperative project other than the
United States.
(c) Each agreement for a cooperative project shall provide
that the United States and each of the other participants will
contribute to the cooperative project its equitable share of
the full cost of such cooperative project and will receive an
equitable share of the results of such cooperative project. The
full costs of such cooperative project shall include overhead
costs, administrative costs, and costs of claims.\131\ The
United States and the other participants may contribute their
equitable shares of the full cost of such cooperative project
in funds or in defense articles or defense services needed for
such cooperative project. Military assistance and financing
received from the United States Government may not be used by
any other participant to provide its share of the cost of such
cooperative project. Such agreements shall provide that no
requirement shall be imposed by a participant for worksharing
or other industrial or commercial compensation in connection
with such agreement that is not in accordance with such
agreement.
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\131\ Sec. 843(a) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2468) struck out ``and
administrative costs'' and inserted in lieu thereof ``costs,
administrative costs, and costs of claims''. Sec. 843(c) of that Act
further provided:
``(c) Termination.--On the date which is two years after the date
of the enactment of this Act [October 23, 1992], subsections (a) and
(b) shall cease to be in effect, and section 27(c) of the Arms Export
Control Act and section 2350a of title 10, United States Code, shall
read as if such subsections had not been enacted.''.
Sec. 1318 of the National Defense Authorization Act for Fiscal Year
1995 (Public Law 103-337; 108 Stat. 2902), however, repealed sec.
843(c), making permanent the authority for the Department of Defense to
share the cost of claims under international armaments cooperative
programs.
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(d) The President may enter into contracts or incur other
obligations for a cooperative project on behalf of the other
participants, without charge to any appropriation or contract
authorization, if each of the other participants in the
cooperative project agrees (1) to pay its equitable share of
the contract or other obligation, and (2) to make such funds
available in such amounts and at such times as may be required
by the contract or other obligation and to pay any damages and
costs that may accrue from the performance of or cancellation
of the contract or other obligation in advance of the time such
payments, damages, or costs are due.
(e)(1) For those cooperative projects entered into on or
after the effective date of the International Security and
Development Cooperation Act of 1985, the President may reduce
or waive the charge or charges which would otherwise be
considered appropriate under section 21(e) of this Act in
connection with sales under sections 21 and 22 of this Act when
such sales are made as part of such cooperative project, if the
other participants agree to reduce or waive corresponding
charges.
(2) Notwithstanding provisions of section 21(e)(1)(A) and
section 43(b) of this Act, administrative surcharges shall not
be increased on other sales made under this Act in order to
compensate for reductions or waivers of such surcharges under
this section. Funds received pursuant to such other sales shall
not be available to reimburse the costs incurred by the United
States Government for which reduction or waiver is approved by
the President under this section.
(f) Not less than 30 days before a cooperative project
agreement is signed on behalf of the United States, the
President shall transmit to the Speaker of the House of
Representatives, the chairman of the Committee on Foreign
Relations of the Senate, and the chairman of the Committee on
Armed Services of the Senate, a numbered certification with
respect to such proposed agreement, setting forth--
(1) a detailed description of the cooperative project
with respect to which the certification is made;
(2) an estimate of the quantity of the defense
articles expected to be produced in furtherance of such
cooperative project;
(3) an estimate of the full cost of the cooperative
project, with an estimate of the part of the full cost
to be incurred by the United States Government,
including an estimate of the costs as a result of
waivers of section 21(e)(1)(A) and 43(b) of this
Act,\132\ for its participation in such cooperative
project and an estimate of that part of the full costs
to be incurred by the other participants;
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\132\ Sec. 1103(a)(1)(B) of Public Law 99-661 (100 Stat. 3816)
inserted ``including an estimate of the costs as a result of waivers of
section 21(e)(1)(A) and 43(b) of this Act,''.
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(4) an estimate of the dollar value of the funds to
be contributed by the United States and each of the
other participants on behalf of such cooperative
project;
(5) a description of the defense articles and defense
services expected to be contributed by the United
States and each of the other participants on behalf of
such cooperative project;
(6) a statement of the foreign policy and national
security benefits anticipated to be derived from such
cooperative project; and
(7) to the extent known, whether it is likely that
prime contracts will be awarded to particular prime
contractors or that subcontracts will be awarded to
particular subcontractors to comply with the proposed
agreement.
(g) In the case of a cooperative project with a North
Atlantic Treaty Organization country,\133\ section 36(b) of
this Act shall not apply to sales made under section 21 or 22
of this Act and to production and exports made pursuant to
cooperative projects under this section, and section 36(c) of
this Act shall not apply to the issuance of licenses or other
approvals under section 38 of this Act, if such sales are made,
such production and exports ensue, or such licenses or
approvals are issued, as part of a cooperative project.
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\133\ Sec. 1103(a)(1)(c) of Public Law 99-661 (100 Stat. 3816)
inserted ``In the case of a cooperative project with a North Atlantic
Treaty Organization country,''.
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(h) The authority under this section is in addition to the
authority under sections 21 and 22 of this Act and under any
other provision of law.
(i)(1) With the approval of the Secretary of State and the
Secretary of Defense, a cooperative agreement which was entered
into by the United States before the effective date of the
amendment to this section made by the International Security
and Development Cooperation Act of 1985 and which meets the
requirements of this section as so amended may be treated on
and after such date as having been made under this section as
so amended.
(2) Notwithstanding the amendment made to this section made
by the International Security and Development Cooperation Act
of 1985, projects entered into under the authority of this
section before the effective date of that amendment may be
carried through to conclusion in accordance with the terms of
this section as in effect immediately before the effective date
of that amendment.
(j) \134\ (1) The President may enter into a cooperative
project agreement with any friendly foreign country not a
member of the North Atlantic Treaty Organization under the same
general terms and conditions as the President is authorized to
enter into such an agreement with one or more member countries
of the North Atlantic Treaty Organization if the President
determines that the cooperative project agreement with such
country would be in the foreign policy or national security
interests of the United States.
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\134\ Sec. 1103(a)(1)(D) of Public Law 99-661 (100 Stat. 3816)
added subsec. (j).
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(2) Not later than January 1 of each year, the President
shall submit to the Committees on Armed Services and Foreign
Relations of the Senate and to the Committees on Armed Services
and Foreign Affairs \135\ of the House of Representatives a
report specifying (A) the countries eligible for participation
in such a cooperative project agreement under this subsection,
and (B) the criteria used to determine the eligibility of such
countries.
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\135\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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Sec. 28.\136\ * * * [Repealed--1996]
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\136\ Formerly at 22 U.S.C. 2768. Sec. 1064(a) of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
Stat. 445) repealed sec. 28, relating to reports on price and
availability estimates.
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Chapter 2A--FOREIGN MILITARY CONSTRUCTION SALES \137\
Sec. 29.\138\ Foreign Military Construction Sales.--The
President may sell design and construction services to any
eligible foreign country or international organization if such
country or international organization agrees to pay in United
States dollars not less than the full cost to the United States
Government of furnishing such services. Payment shall be made
to the United States Government in advance of the performance
of such services by officers or employees of the United States
Government. The President may, without requirement for charge
to any appropriation or contract authorization otherwise
provided, enter into contracts for the procurement of design
and construction services for sale under this section if such
country or international organization provides the United
States Government with a dependable undertaking (1) to pay the
full amount of such contract which will assure the United
States Government against any loss on the contract, and (2) to
make funds available in such amounts and at such time as may be
required to meet the payments required by the contract and any
damages and costs that may accrue from the cancellation of such
contract, in advance of the time such payments, damages, or
costs are due.
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\137\ Sec. 105 of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3133) added
chapter 2A.
\138\ 22 U.S.C. 2769.
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Chapter 2B--SALES TO UNITED STATES COMPANIES FOR INCORPORATION INTO END
ITEMS
Sec. 30.\139\ General Authority.--(a) Subject to the
conditions specified in subsection (b) of this section, the
President may, on a negotiated contract basis, under cash terms
(1) sell defense articles at not less than their estimated
replacement cost (or actual cost in the case of services), or
(2) procure or manufacture and sell defense articles at not
less than their contract or manufacturing cost to the United
States Government, to any United States company for
incorporation into end items (and for concurrent or follow-on
support) to be sold by such a company either (i) \140\ on a
direct commercial basis to a friendly foreign country or
international organization pursuant to an export license or
approval under section 38 of this Act or (ii) \140\ in the case
of ammunition parts subject to subsection (b) of this section,
using commercial practices which restrict actual delivery
directly to a friendly foreign country or international
organization pursuant to approval under section 38 of this Act.
The President may also sell defense services in support of such
sales of defense articles, subject to the requirements of this
chapter: Provided, however, That such services may be performed
only in the United States. The amount of reimbursement received
from such sales shall be credited to the current applicable
appropriation, fund, or account of the selling agency of the
United States Government.
---------------------------------------------------------------------------
\139\ 22 U.S.C. 2770. Added by sec. 1 of Public Law 97-392 (96
Stat. 1962).
\140\ Sec. 9097 of the Department of Defense Appropriations Act,
1990 (Public Law 101-165; 103 Stat. 1150), added clause designation
``(i)'' and added clause (ii) through the first sentence.
---------------------------------------------------------------------------
(b) Defense articles and defense services may be sold,
procured and sold, or manufactured and sold, pursuant to
subsection (a) of this section only if (1) the end item to
which the articles apply is to be procured for the armed forces
of a friendly country or international organization, (2) the
articles would be supplied to the prime contractor as
government-furnished equipment or materials if the end item
were being procured for the use of the United States Armed
Forces, and (3) the articles and services are available only
from United States Government sources or are not available to
the prime contractor directly from United States commercial
sources at such times as may be required to meet the prime
contractor's delivery schedule.
(c) For the purpose of this section, the terms ``defense
articles'' and ``defense services'' mean defense articles and
defense services as defined in sections 47(3) and 47(4) of this
Act.
Chapter 2C \141\--EXCHANGE OF TRAINING AND RELATED SUPPORT
Sec. 30A.\141\ Exchange of Training and Related Support.--
(a) Subject to subsection (b), the President may provide
training and related support to military and civilian defense
personnel of a friendly foreign country or an international
organization. Such training and related support shall be
provided by a Secretary of a military department and may
include the provision of transportation, food services, health
services, and logistics and the use of facilities and
equipment.
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\141\ 22 U.S.C. 2770a. Sec. 116 of the International Security and
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 202)
added chapter 2C (sec. 30A).
---------------------------------------------------------------------------
(b) Training and related support may be provided under this
section only pursuant to an agreement or other arrangements
providing for the provision by the recipient foreign country or
international organization, on a reciprocal basis, of
comparable training and related support to military and
civilian personnel under the jurisdiction of the Secretary of
the military department providing the training and related
support under this section. Such reciprocal training and
related support must be provided within a reasonable period of
time (which may not be more than one year) of the provision of
training and related support by the United States. To the
extent that a foreign country or international organization to
which training and related support is provided under this
section does not provide such comparable training and related
support to the United States within a reasonable period of
time, that country or international organization shall be
required to reimburse the United States for the full costs of
the training and related support provided by the United States.
(c) Training and related support under this section shall
be provided under regulations prescribed by the President.
(d) Not later than February 1 of each year, the President
shall submit to the Congress a report on the activities
conducted pursuant to this section during the preceding fiscal
year, including the estimated full costs of the training and
related support provided by the United States to each country
and international organization and the estimated value of the
training and related support provided to the United States by
that country or international organization.
Chapter 3--MILITARY EXPORT CONTROLS
Sec. 31.\142\, \143\ Authorization and Aggregate
Ceiling on Foreign Military Sales Credits.--(a) There are
authorized to be appropriated to the President to carry out
this Act $5,371,000,000 for fiscal year 1986 and $5,371,000,000
for fiscal year 1987. Credits may not be extended under section
23 of this Act in an amount, and loans may not be guaranteed
under section 24(a) of this Act in a principal amount, which
exceeds any maximum amount which may be established with
respect to such credits or such loan guarantees in legislation
appropriating funds to carry out this Act.\144\ Unobligated
balances of funds made available pursuant to this section are
hereby authorized to be continued available by appropriations
legislation to carry out this Act.
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\142\ 22 U.S.C. 2771.
\143\ The authorization figures for years 1986 and 1987 were added
by sec. 101(a) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 193). Past figures
authorized under sec. 31(a) are as follows: fiscal year 1969--
$269,000,000; fiscal year 1970--$250,000,000; fiscal year 1971--
$250,000,000; fiscal year 1972--$400,000,000; fiscal year 1974--
$325,000,000; fiscal year 1975--$1,039,000,000; fiscal year 1977--
$740,000,000; fiscal year 1978--$682,000,000; fiscal year 1979--
$674,300,000; fiscal year 1980--$673,500,000; fiscal year 1981--
$500,000,000; fiscal year 1982--$800,000,000; fiscal year 1983--
$800,000,000; fiscal year 1984--$1,315,000,000; fiscal year 1985--no
authorization; fiscal years 1988 through 2000--no authorization; fiscal
years 2004 through 2009--no authorization.
For fiscal years 2001 and 2002, sec. 101 of the Security Assistance
Act of 2000 (Public Law 106-280; 114 Stat. 846) authorized
$3,550,000,000 for fiscal year 2001 and $3,627,000,000 for fiscal year
2002 under sec. 23 of the AECA.
For fiscal year 2003, sec. 1201 of the Security Assistance Act of
2002 (division B of the Foreign Relations Authorization Act, Fiscal
Year 2003; Public Law 107-228; 116 Stat. 1427) provided the following:
---------------------------------------------------------------------------
``TITLE XII--MILITARY AND RELATED ASSISTANCE
``Subtitle A--Foreign Military Sales and Financing Authorities
``sec. 1201. authorization of appropriations.
---------------------------------------------------------------------------
``There is authorized to be appropriated to the President for grant
assistance under section 23 of the Arms Export Control Act (22 U.S.C.
2763) and for the subsidy cost, as defined in section 502(5) of the
Federal Credit Reform Act of 1990, of direct loans under such section
$4,107,200,000 for fiscal year 2003.''.
In that Act, see also: sec. 1206, relating to defense transfers to
Taiwan; subtitle C--assistance for select countries, including sec.
1221, authorizing assistance to Israel and Egypt; sec. 1222,
authorizing assistance to Greece and Turkey; sec. 511, authorizing
security assistance and IMET to the Baltic states, Bulgaria, the Czech
Republic, Hungary, Jordan, Malta, the Philippines, Poland, Romania,
Slovakia, Slovenia, and Georgia (IMET funding only); and sec. 1224,
condition ESF to Lebanon. See also ``Security Assistance and Arms Sales
Legislation,'' in Legislation on Foreign Relations Through 2008, vol.
I-B.
See also the Naval Vessel Transfer Act of 2008 (Public Law 110-429;
122 Stat. 4842), particularly secs. 201 and 202, relating to Israel.
Title III of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 850), provides the following:
---------------------------------------------------------------------------
``nonproliferation, anti-terrorism, demining and related programs
---------------------------------------------------------------------------
``For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $525,000,000, to carry
out the provisions of chapter 8 of part II of the Foreign Assistance
Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the
Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act,
section 23 of the Arms Export Control Act or the Foreign Assistance Act
of 1961 for demining activities, the clearance of unexploded ordnance,
the destruction of small arms, and related activities, notwithstanding
any other provision of law, including activities implemented through
nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided, That of this amount not to exceed $41,000,000, to
remain available until expended, may be made available for the
Nonproliferation and Disarmament Fund, notwithstanding any other
provision of law, to promote bilateral and multilateral activities
relating to nonproliferation and disarmament: Provided further, That
such funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the
United States to do so: Provided further, That funds appropriated under
this heading may be made available for IAEA only if the Secretary of
State determines (and so reports to the Congress) that Israel is not
being denied its right to participate in the activities of that Agency:
Provided further, That of the funds appropriated under this heading,
not more than $750,000 may be made available for public-private
partnerships for conventional weapons and mine action by grant,
cooperative agreement or contract: Provided further, That of the funds
made available for demining and related activities, not to exceed
$700,000, in addition to funds otherwise available for such purposes,
may be used for administrative expenses related to the operation and
management of the demining program: Provided further, That funds
appropriated under this heading that are available for `Anti-terrorism
Assistance' and `Export Control and Border Security' shall remain
available until September 30, 2010.''.
Title IV of that Act (123 Stat. 855) provides the following:
---------------------------------------------------------------------------
``foreign military financing program
---------------------------------------------------------------------------
``For necessary expenses for grants to enable the President to
carry out the provisions of section 23 of the Arms Export Control Act,
$4,635,000,000: Provided, That of the funds appropriated under this
heading, not less than $2,380,000,000 shall be available for grants
only for Israel, and not less than $1,300,000,000 shall be made
available for grants only for Egypt, including for border security
programs and activities in the Sinai: Provided further, That the funds
appropriated by this paragraph for Israel shall be disbursed within 30
days of the enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for such
purposes, grants made available for Israel by this paragraph shall, as
agreed by the United States and Israel, be available for advanced
weapons systems, of which not less than $670,650,000 shall be available
for the procurement in Israel of defense articles and defense services,
including research and development: Provided further, That of the funds
appropriated by this paragraph, $235,000,000 shall be made available
for assistance for Jordan: Provided further, That of the funds
appropriated under this heading, not more than $53,000,000 shall be
available for Colombia, of which $12,500,000 is available to support
maritime interdiction: Provided further, That funds appropriated under
this heading for assistance for Pakistan may be made available only for
border security, counter-terrorism and law enforcement activities
directed against Al Qaeda, the Taliban and associated terrorist groups:
Provided further, That none of the funds made available under this
heading shall be made available to support or continue any program
initially funded under the authority of section 1206 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3456) unless the Secretary of State has previously justified such
program to the Committees on Appropriations: Provided further, That
funds appropriated or otherwise made available by this paragraph shall
be nonrepayable notwithstanding any requirement in section 23 of the
Arms Export Control Act: Provided further, That funds made available
under this paragraph shall be obligated upon apportionment in
accordance with paragraph (5)(C) of title 31, United States Code,
section 1501(a).
``None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That none of the funds
appropriated under this heading may be made available for assistance
for Nepal, Sri Lanka, Pakistan, Bangladesh, Philippines, Indonesia,
Bosnia and Herzegovina, Haiti, Guatemala, Ethiopia, and the Democratic
Republic of the Congo except pursuant to the regular notification
procedures of the Committees on Appropriations: Provided further, That
funds made available under this heading may be used, notwithstanding
any other provision of law, for demining, the clearance of unexploded
ordnance, and related activities, and may include activities
implemented through nongovernmental and international organizations:
Provided further, That only those countries for which assistance was
justified for the `Foreign Military Sales Financing Program' in the
fiscal year 1989 congressional presentation for security assistance
programs may utilize funds made available under this heading for
procurement of defense articles, defense services or design and
construction services that are not sold by the United States Government
under the Arms Export Control Act: Provided further, That funds
appropriated under this heading shall be expended at the minimum rate
necessary to make timely payment for defense articles and services:
Provided further, That not more than $51,420,000 of the funds
appropriated under this heading may be obligated for necessary
expenses, including the purchase of passenger motor vehicles for
replacement only for use outside of the United States, for the general
costs of administering military assistance and sales, except that this
limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations: Provided further, That
of the funds appropriated under this heading for general costs of
administering military assistance and sales, not to exceed $4,000 shall
be available for entertainment expenses and not to exceed $130,000
shall be available for representation allowances: Provided further,
That not more than $470,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal year 2009
pursuant to section 43(b) of the Arms Export Control Act, except that
this limitation may be exceeded only through the regular notification
procedures of the Committees on Appropriations: Provided further, That
funds appropriated under this heading estimated to be outlayed for
Egypt during fiscal year 2009 shall be transferred to an interest
bearing account for Egypt in the Federal Reserve Bank of New York
within 30 days of enactment of this Act.''.
Title VII of that Act (123 Stat. 863, 866, 912) provides the
following:
---------------------------------------------------------------------------
``availability of funds
---------------------------------------------------------------------------
``Sec. 7011. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided in this Act: Provided,
That funds appropriated for the purposes of chapters 1, 8, 11, and 12
of part I, section 661, section 667, chapters 4, 5, 6, 8, and 9 of part
II of the Foreign Assistance Act of 1961, section 23 of the Arms Export
Control Act, and funds provided under the headings `Assistance for
Europe, Eurasia and Central Asia' and `Development Credit Authority',
shall remain available for an additional 4 years from the date on which
the availability of such funds would otherwise have expired, if such
funds are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available
until expended.
---------------------------------------------------------------------------
* * * * * * *
``reprogramming notification requirements
---------------------------------------------------------------------------
``Sec. 7015. * * * (c) * * * Provided, That the President shall not
enter into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or combat
vehicles, not previously justified to Congress or 20 percent in excess
of the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment: * *
*.
---------------------------------------------------------------------------
* * * * * * *
``commercial leasing of defense articles
---------------------------------------------------------------------------
``Sec. 7085. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt and NATO
and major non-NATO allies for the procurement by leasing (including
leasing with an option to purchase) of defense articles from United
States commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having possible
civilian application), if the President determines that there are
compelling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather than by
government-to-government sale under such Act.''.
Title XI of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1894) provides the following:
---------------------------------------------------------------------------
``foreign military financing program
---------------------------------------------------------------------------
``For an additional amount for `Foreign Military Financing
Program', $1,294,000,000, to remain available until September 30, 2010:
Provided, That not less than $260,000,000 shall be made available for
assistance for the Mexican Navy and shall be available notwithstanding
section 7045(e) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8): Provided further, That funds made available pursuant to the
previous proviso shall be available notwithstanding section 36(b) of
the Arms Export Control Act: Provided further, That of the funds
appropriated under this heading, not less than $150,000,000 shall be
made available for assistance for Jordan: Provided further, That of the
funds appropriated under this heading, not less than $555,000,000,
shall be available for grants only for Israel and shall be disbursed
not later than October 30, 2009: Provided further, That to the extent
that the Government of Israel requests that funds be used for such
purposes, grants made available for Israel by this paragraph shall, as
agreed by the United States and Israel, be available for advanced
weapons systems, of which $145,965,000 shall be available for the
procurement in Israel of defense articles and defense services,
including research and development: Provided further, That of the funds
appropriated under this heading, not less than $260,000,000 shall be
made available for grants only for Egypt, including for border security
programs and activities in the Sinai: Provided further, That funds
appropriated pursuant to the previous proviso estimated to be outlayed
for Egypt shall be transferred to an interest bearing account for Egypt
in the Federal Reserve Bank of New York not later than October 30,
2009: Provided further, That up to $69,000,000 may be made available
for assistance for Lebanon.
---------------------------------------------------------------------------
``pakistan counterinsurgency capability fund
``(including transfer of funds)
---------------------------------------------------------------------------
``There is hereby established in the Treasury of the United States
a special account to be known as the `Pakistan Counterinsurgency
Capability Fund'. For necessary expenses to carry out the provisions of
chapter 8 of part I and chapters 2, 5, 6, and 8 of part II of the
Foreign Assistance Act of 1961 and section 23 of the Arms Export
Control Act for counterinsurgency activities in Pakistan, $700,000,000,
which shall become available on September 30, 2009, and remain
available until September 30, 2011: Provided, That such funds shall be
available to the Secretary of State, with the concurrence of the
Secretary of Defense, notwithstanding any other provision of law, for
the purpose of providing assistance for Pakistan to build and maintain
the counterinsurgency capability of Pakistani security forces
(including the Frontier Corps), to include program management and the
provision of equipment, supplies, services, training, and facility and
infrastructure repair, renovation, and construction: Provided further,
That such funds may be transferred by the Secretary of State to the
Department of Defense or other Federal departments or agencies to
support counterinsurgency operations and may be merged with and be
available for the same purposes and for the same time period as the
appropriation or fund to which transferred, or may be transferred
pursuant to the authorities contained in the Foreign Assistance Act of
1961: Provided further, That the Secretary of State shall, not fewer
than 15 days prior to making transfers from this appropriation, notify
the Committees on Appropriations, and the congressional defense and
foreign affairs committees, in writing of the details of any such
transfer: Provided further, That the Secretary of State shall submit
not later than 30 days after the end of each fiscal quarter to the
Committees on Appropriations a report summarizing, on a project-by-
project basis, the transfer of funds from this appropriation: Provided
further, That upon determination by the Secretary of Defense or head of
other Federal department or agency, with the concurrence of the
Secretary of State, that all or part of the funds so transferred from
this appropriation are not necessary for the purposes herein, such
amounts may be transferred by the head of the relevant Federal
department or agency back to this appropriation and shall be available
for the same purposes and for the same time period as originally
appropriated: Provided further, That any required notification or
report may be submitted in classified or unclassified form.''.
\144\ Sec. 104(d) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3133) added this
sentence.
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(b) \145\ (1) The total amount of credits extended under
section 23 of this Act shall not exceed $5,371,000,000 for
fiscal year 1986 and $5,371,000,000 for fiscal year 1987.
---------------------------------------------------------------------------
\145\ Sec. 101(b) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 193), amended and
restated sec. 31(b) and (c) and added authorizations for fiscal year
1986 and fiscal year 1987.
Sec. 101(c), (d), (e) and (f) of Public Law 99-83 also included
specific earmarks and conditions on the use of credits authorized under
sec. 23 for Israel, Egypt, Greece and Turkey.
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(2) Of the aggregate amount of financing provided under
this section, not more than $553,900,000 for fiscal year 1986
and not more than $553,900,000 for fiscal year 1987 may be made
available at concessional rates of interest. If a country is
released from its contractual liability to repay the United
States Government with respect to financing provided under this
section, such financing shall not be considered to be financing
provided at concessional rates of interest for purposes of the
limitation established by this paragraph.
(c) \146\ Loans available under section 23 shall be
provided at rates of interest that are not less than the
current average market yield on outstanding marketable
obligations of the United States of comparable maturities.
---------------------------------------------------------------------------
\146\ Sec. 101 of Public Law 104-164 (110 Stat. 1422) amended and
restated subsec. (c). Amended and restated earlier by sec. 101(b) of
Public Law 99-83 (99 Stat. 193), it formerly read as follows:
``For fiscal year 1986 and fiscal year 1987, the principal amount
of credits provided under section 23 at market rates of interest with
respect to Greece, the Republic of Korea, the Philippines, Portugal,
Spain, Thailand, and Turkey shall (if and to the extent each country so
desires) be repaid in not more than twenty years, following a grace
period of ten years on repayment of principal.''.
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(d) \147\ * * * [Repealed--1996]
---------------------------------------------------------------------------
\147\ Sec. 104(b)(2)(C) of Public Law 104-164 (110 Stat. 1427)
repealed subsec. (d). The subsection, originally added by sec.
210(c)(1) of the International Security Assistance and Arms Export
Control Act of 1976 (Public Law 94-329; 90 Stat. 740), and amended by
sec. 17(a)(4) of Public Law 96-92 (93 Stat. 709), and by sec. 596(c) of
Public Law 101-513 (104 Stat. 2062), formerly read as follows:
``The aggregate acquisition cost to the United States of excess
defense articles ordered by the President in any fiscal year after
fiscal year 1976 for delivery to foreign countries or international
organizations under the authority of chapter 2 of part II of the
Foreign Assistance Act of 1961 or pursuant to sales under this Act may
not exceed $250,000,000 (exclusive of ships and their onboard stores
and supplies transferred in accordance with law, and of any defense
articles with respect to which the President submits a certification
under section 36(b) of this Act).''.
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Sec. 32.\148\ Prohibition Against Certain Military Export
Financing by Export-Import Bank. * * * [Repealed--1992]
---------------------------------------------------------------------------
\148\ Formerly at 22 U.S.C. 2772; repealed by sec. 112(e)(2) of the
Export Enhancement Act of 1992 (Public Law 102-429; 106 Stat. 2195).
Sec. 12(c)(2) of the International Narcotics Control Act of 1992
(Public Law 102-583; 106 Stat. 4935) made an identical amendment;
however, sec. 12(e) of that Act also provided that if an Act to
reauthorize the Export-Import Bank of the United States with identical
amendments is enacted, the amendments contained in the reauthorization
shall be effective. Sec. 32 formerly read as follows:
``Notwithstanding any other provision of law, no funds or borrowing
authority available to the Export-Import Bank of the United States
shall be used by such Bank to participate in any extension of credit in
connection with any agreement to sell defense articles and defense
services entered into with any economically less developed country
after June 30, 1968.''.
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Sec. 33.\149\ Restraint in Arms Sales to Sub-Saharan
Africa.--It is the sense of the Congress that the problems of
Sub-Saharan Africa are primarily those of economic development
and that United States policy should assist in limiting the
development of costly military conflict in that region.
Therefore, the President shall exercise restraint in selling
defense articles and defense services, and in providing
financing for sales of defense articles and defense services,
to countries in Sub-Saharan Africa.
---------------------------------------------------------------------------
\149\ 22 U.S.C. 2773. Sec. 18 of the International Security
Assistance Act of 1979 (Public Law 96-92; 93 Stat. 709) amended and
restated sec. 33, which formerly read as follows:
``Sec. 33. Regional Ceiling on Foreign Military Sales.--(a) The
aggregate of the total amount of military assistance pursuant to the
Foreign Assistance Act of 1961, as amended, of credits, or
participations in credits, financed pursuant to section 23, of the
principal amount of loans guaranteed pursuant to section 24(a), shall,
excluding training, not exceed $40,000,000 in each fiscal year for
African countries.
``(b) The President may waive the limitations of this section when
he determines it to be important to the security of the United States
and promptly so reports to the Speaker of the House of Representatives
and the Committee on Foreign Relations of the Senate.''.
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Sec. 34.\150\ Foreign Military Sales Credit Standards.--The
President shall establish standards and criteria for credit and
guaranty transactions under sections 23 and 24 in accordance
with the foreign, national security, and financial policies of
the United States.
---------------------------------------------------------------------------
\150\ 22 U.S.C. 2774.
---------------------------------------------------------------------------
Sec. 35.\151\ Foreign Military Sales to Less Developed
Countries.--(a) When the President finds that any economically
less developed country is diverting development assistance
furnished pursuant to the Foreign Assistance Act of 1961, as
amended, or sales under the Food for Peace Act,\152\ as
amended, to military expenditures, or is diverting its own
resources to unnecessary military expenditures, to a degree
which materially interferes with its development, such country
shall be immediately ineligible for further sales and
guarantees under sections 21, 22, 23, and 24, until the
President is assured that such diversion will no longer take
place.
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\151\ 22 U.S.C. 2775.
\152\ Sec. 3001(b)(2)(T) of the Food, Conservation, and Energy Act
of 2008 (Public Law 110-246; 122 Stat. 1821) struck out ``Agricultural
Trade Development and Assistance Act of 1954'' and inserted in lieu
thereof ``Food for Peace Act''.
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(b) \153\ * * * [Repealed--1974]
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\153\ Sec. 45(a)(5) of the FA Act of 1974 (Public Law 93-559)
repealed subsec. (b).
---------------------------------------------------------------------------
Sec. 36.\154\ Reports on Commercial and Governmental
Military Exports; Congressional Action.--(a) The President
shall transmit to the Speaker of the House of Representatives
and to the chairman of the Committee on Foreign Relations of
the Senate not more than sixty days \154\ after the end of each
quarter an unclassified report (except that any material which
was transmitted in classified form under subsection (b)(1) or
(c)(1) of this section may be contained in a classified
addendum to such report, and any letter of offer referred to in
paragraph (1) of this subsection may be listed in such addendum
unless such letter of offer has been the subject of an
unclassified certification pursuant to subsection (b)(1) of
this section, and any information provided under paragraph (11)
of this subsection may also be provided in a classified
addendum) \156\ containing--
---------------------------------------------------------------------------
\154\ 22 U.S.C. 2776. Sec. 211(a) of the International Security
Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90
Stat. 740) amended sec. 36, which formerly read as follows:
``Sec. 36. Reports on Commercial and Governmental Military
Exports.--
``(a) The President shall submit to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate quarterly reports containing--
---------------------------------------------------------------------------
``(1) a listing of all letters of offer to sell any defense articles or
services under this Act, if such offer has not been accepted or canceled;
``(2) a cumulative listing of all such letters of offer to sell that have
been accepted during the fiscal year in which such report is submitted;
``(3) the cumulative dollar amounts, by foreign country and international
organization, of credit sales under section 23 and guaranty agreements
under section 24 made before the submission of such quarterly report and
during the fiscal year in which such report is submitted; and
``(4) projections of the cumulative dollar amounts, by foreign country
and international organization, of credit sales under section 23 and
guaranty agreements under section 24 to be made in the quarter of the
fiscal year immediately following the quarter for which such report is
submitted.
---------------------------------------------------------------------------
``For each letter of offer to sell under paras. (1) and (2), the
report shall specify (A) the foreign country or international
organization to which the defense article or service is offered, (B)
the dollar amount of the offer to sell under para. (1) or of the
completed sale under para. (2), (C) a brief description of the defense
article or service offered, (D) the United States armed force which is
making the offer to sell, (E) the date of such offer, and (F) the date
of any acceptance under paragraph (2).
``(b) In the case of any letter of offer to sell any defense
articles or services under this Act for $25,000,000 or more, before
issuing such letter of offer the President shall submit to the Speaker
of the House of Representatives and to the Chairman of the Committee on
Foreign Relations of the Senate a statement with respect to such offer
to sell containing the information specified in subparagraphs (A)
through (E) in subsection (a). The letter of offer shall not be issued
if the Congress, within twenty calendar days after receiving any such
statement, adopts a concurrent resolution stating in effect that it
objects to such proposed sale, unless the President in his statement
certifies that an emergency exists which requires such sale in the
national security interests of the United States.
``(c) Nothing in this section shall be construed as modifying in
any way the provisions of section 414 of the Mutual Security Act of
1954, as amended, relating to munitions control.''.
Sec. 211(b) of the same Act further stated: ``The amendment made by
subsection (a) of this section shall apply with respect to letters of
offer for which a certification is transmitted pursuant to section
36(b) of the Arms Export Control Act on or after the date of enactment
of this Act and to export licenses for which an application is filed
under section 38 of such Act on or after such date.''.
Sec. 1231 of the John Warner National Defense Authorization Act for
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2430; 22 U.S.C. 2776a)
provided the following:
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``sec. 1231. annual report on foreign sales of significant military
equipment manufactured in the united states.
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``(a) Report Required.--Not later than March 31 of each year, the
Secretary of Defense shall submit to the congressional defense
committees a report on foreign military sales and direct sales to
foreign entities of significant military equipment manufactured in the
United States during the preceding calendar year.
``(b) Contents.--Each report required by subsection (a) shall
indicate, for each sale of significant military equipment in excess of
$2,000,000--
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``(1) the nature of the equipment and the dollar value of the sale;
``(2) the country to which the equipment was sold; and
``(3) the manufacturer of the equipment and the State in which the
equipment was manufactured.
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``(c) Public Availability.--The Secretary of Defense shall make
each report required by subsection (a) publicly available to the
maximum extent practicable.
``(d) Significant Military Equipment Defined.--In this section, the
term `significant military equipment' has the meaning given the term in
section 47(9) of the Arms Export Control Act (22 U.S.C. 2794(9)
note).''.
On August 18, 2006, the President made a determination under this
section, but also determined that ``publication of such determination
would be harmful to the national security of the United States''
(Department of State Public Notice 5586; 71 F.R. 62344).
\155\ Sec. 19(a)(1) of the International Security Assistance Act of
1979 (Public Law 96-92; 93 Stat. 709) struck out ``thirty'' and
inserted in lieu thereof ``sixty''.
\156\ Sec. 7(b) of the Anti-Terrorism and Arms Export Amendments
Act of 1989 (Public Law 101-222; 103 Stat. 1899) added ``, and any
information provided under paragraph (11) of this subsection may also
be provided in a classified addendum''.
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(1) a listing of all letters of offer to sell any
major defense equipment for $1,000,000 or more under
this Act to each foreign country and international
organization, by category, if such letters of offer
have not been accepted or canceled;
(2) a listing of all such letters of offer that have
been accepted during the fiscal year in which such
report is submitted, together with the total value of
all defense articles and defense services sold to each
foreign country and international organization during
such fiscal year;
(3) the cumulative dollar amounts, by foreign country
and international organization, of sales credit
agreements under section 23 and guaranty agreements
under section 24 made during the fiscal year in which
such report is submitted;
(4) a numbered listing of all licenses and approvals
for the export to each foreign country and
international organization during such fiscal year of
commercially sold major defense equipment, by category,
sold for $1,000,000 or more, together with the total
value of all defense articles and defense services so
licensed for each foreign country and international
organization, setting forth, with respect to the listed
major defense equipment--
(A) the items to be exported under the
license,
(B) the quantity and contract price of each
such item to be furnished, and
(C) the name and address of the ultimate user
of each such item;
(5) \157\ projections of the dollar amounts, by
foreign country and international organization, of
sales expected to be made under sections 21 and 22, in
the quarter of the fiscal year immediately following
the quarter for which such report is submitted;
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\157\ Sec. 1209(c) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279) deleted
references in paras. (5) and (6) to ``cash sales, and credits, and
guaranty agreements''.
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(6) \157\ a projection with respect to all sales
expected to be made to each country and organization
for the remainder of the fiscal year in which such
report is transmitted;
(7) \158\ a description of each payment,
contribution, gift, commission, or fee reported to the
Secretary of State under section 39, including (A) the
name of the person who made such payment, contribution,
gift, commission, or fee; (B) the name of any sales
agent or other person to whom such payment,
contribution, gift, commission, or fee was paid; (C)
the date and amount of such payment, contribution,
gift, commission, or fee; (D) a description of the sale
in connection with which such payment, contribution,
gift, commission, or fee was paid; and (E) the
identification of any business information considered
confidential by the person submitting it which is
included in the report;
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\158\ Sec. 604(a) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 766)
redesignated para. (8) as para. (9) and inserted a new para. (8). Sec.
604(c) of the same Act stated that para. (8) would ``take effect sixty
days after the date of enactment of this Act'' (August 29, 1976). Para.
(8) was redesignated as para. (7) by sec. 1262(c) of Public Law 107-228
(see following).
Para. (9), as redesignated by this amendment, was struck out by
sec. 19(a)(4) of the International Security Assistance Act of 1979
(Public Law 96-92; 93 Stat. 709). It formerly read as follows:
``(9) an analysis and description of the services being performed
by officers and employees of the United States Government under section
21(a) of this Act, including the number of personnel so employed.''.
Sec. 1262(c) of the Security Assistance Act of 2002 (division B of
the Foreign Relations Authorization Act, Fiscal Year 2003; Public Law
107-228; 116 Stat. 1434) struck out para. (7) and redesignated the
remaining paras. Para. (7), which was previously amended and restated
by sec. 1209(c) of Public Law 99-83 (99 Stat. 279), provided as
follows:
``(7) an estimate of--
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``(A) the number of United States military personnel, the number of
United States Government civilian personnel, and the United States civilian
contract personnel, who were in each foreign country at the end of that
quarter, and
``(B) the number of members of each such category of personnel who were
in each foreign country at any time during that quarter,
``in implementation of sales and commercial exports under this Act or of
assistance under chapter 2, 5, 6, or 8 of part II of the Foreign Assistance
Act of 1961, including both personnel assigned to the country and personnel
temporarily in the country by detail or otherwise;''.
(8) \159\ a listing of each sale under section 29
during the quarter for which such report is made,
specifying (A) the purchaser, (B) the United States
Government department or agency responsible for
implementing the sale, (C) an estimate of the dollar
amount of the sale, and (D) a general description of
the real property facilities to be constructed pursuant
to such sale;
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\159\ Para. (9) was added by sec. 105(c) of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
Stat. 3134). Redesignated as para. (8) by sec. 1262(c) of Public Law
107-228 (117 Stat. 1434).
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(9) \160\ a listing of the consents to third-party
transfers of defense articles or defense services which
were granted, during the quarter for which such report
is submitted, for purposes of section 3(a)(2) of this
Act, the regulations issued under section 38 of this
Act, or section 505(a)(1)(B) of the Foreign Assistance
Act of 1961, if the value (in terms of original
acquisition cost) of the defense articles or defense
services to be transferred is $1,000,000 or more; \161\
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\160\ Paras. (10) and (11) were added by sec. 7 of the Anti-
Terrorism and Arms Export Amendments Act of 1989 (Public Law 101-222;
103 Stat. 1899). Redesignated as paras. (9) and (10) by sec. 1262(c) of
Public Law 107-228 (117 Stat. 1434).
The original para. (10), as added by sec. 109(f) of Public Law 96-
533, was repealed by sec. 109(d)(2) of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1526).
Para. (10) had required information concerning leases of property
valued at over $1,000,000 to a foreign government. Leases of defense
articles are now covered under chapter 6 of this Act.
\161\ Sec. 1045(a) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2644) struck out ``;
and'' at the end of para. (10); struck out a period at the end of para.
(11) and inserted ``; and''; and added a new para. (12). Subsec. (b) of
that section made para. (12) not applicable to any relevant agreement
entered into before the date of enactment of the amendment (September
23, 1996).
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(10) \160\ a listing of all munitions items (as
defined in section 40(l)(1)) which were sold, leased,
or otherwise transferred by the Department of Defense
to any other department, agency, or other entity of the
United States Government during the quarter for which
such report is submitted (including the name of the
recipient Government entity and a discussion of what
that entity will do with those munitions items) if--
(A) the value of the munitions items was
$250,000 of more; and
(B) the value of all munitions items
transferred to that Government department,
agency, or other entity during that quarter was
$250,000 or more;
excluding munitions items transferred (i) for
disposition or use solely within the United States, or
(ii) for use in connection with intelligence activities
subject to reporting requirements under title V of the
National Security Act of 1947 (50 U.S.C. 413 et seq.;
relating to congressional oversight of intelligence
activities); \161\, \162\
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\162\ Sec. 1302(b) of the Arms Control, Nonproliferation, and
Security Assistance Act of 1999 (division B of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
Public Law 106-113; 113 Stat. 1536)) struck out ``and'' at the end of
para. (11); replaced ``third-party transfers.'' with ``third-party
transfers; and'' at the end of para. (12); and added a new para. (13).
Redesignated as paras. (11) and (12) by sec. 1262(c) of Public Law 107-
228 (117 Stat. 1434).
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(11) \161\ a report on all concluded government-to-
government agreements regarding foreign coproduction of
defense articles of United States origin and all other
concluded agreements involving coproduction or licensed
production outside of the United States of defense
articles of United States origin (including
coproduction memoranda of understanding or agreement)
that have not been previously reported under this
subsection, which shall include--
(A) the identity of the foreign countries,
international organizations, or foreign firms
involved;
(B) a description and the estimated value of
the articles authorized to be produced, and an
estimate of the quantity of the articles
authorized to be produced;
(C) a description of any restrictions on
third-party transfers of the foreign-
manufactured articles; and
(D) if any such agreement does not provide
for United States access to and verification of
quantities of articles produced overseas and
their disposition in the foreign country, a
description of alternative measures and
controls incorporated in the coproduction or
licensing program to ensure compliance with
restrictions in the agreement on production
quantities and third-party transfers; and \162\
(12) \162\ a report on all exports of significant
military equipment for which information has been
provided pursuant to section 38(i).
For each letter of offer to sell under paragraphs (1) and (2),
the report shall specify (i) the foreign country or
international organization to which the defense article or
service is offered or was sold, as the case may be: (ii) the
dollar amount of the offer to sell or the sale and the number
of defense articles offered or sold, as the case may be; (iii)
a description of the defense article or service offered or
sold, as the case may be; and (iv) the United States Armed
Forces or other agency of the United States which is making the
offer to sell or the sale, as the case may be.
(b)(1) \163\ Subject to paragraph (6), in the case of \164\
any letter of offer to sell any defense articles or services
under this Act for $50,000,000 \165\ or more, any design and
construction services for $200,000,000 or more,\166\ or any
major defense equipment for $14,000,000 \167\ or more, before
such letter of offer is issued, the President shall submit to
the Speaker of the House of Representatives and to the chairman
of the Committee on Foreign Relations of the Senate a numbered
certification with respect to such offer to sell containing the
information specified in clauses (i) through (iv) of subsection
(a), or (in the case of a sale of design and construction
services) the information specified in clauses (A) through (D)
of paragraph (9) of subsection (a),\168\ and a description,
containing the information specified in paragraph (8) of
subsection (a), of any contribution, gift, commission, or fee
paid or offered or agreed to be paid in order to solicit,
promote, or otherwise to secure such letter of offer. Such
numbered certifications shall also contain an item, classified
if necessary, identifying the sensitivity of technology
contained in the defense articles, defense services, or design
and construction services \169\ proposed to be sold,\170\ and a
detailed justification of the reasons necessitating the sale of
such articles or services in view of the sensitivity of such
technology.\171\ In a case in which such articles or services
listed on the Missile Technology Control Regime Annex are
intended to support the design, development, or production of a
Category I space launch vehicle system (as defined in section
74), such report shall include a description of the proposed
export and rationale for approving such export, including the
consistency of such export with United States missile
nonproliferation policy.\172\ Each such numbered certification
shall contain an item indicating whether any offset agreement
is proposed to be entered into in connection with such letter
of offer to sell (if known on the date of transmittal of such
certification).\173\ In addition, the President shall, upon the
request of such committee or the Committee on Foreign Affairs
\174\ of the House of Representatives, transmit promptly to
both such committees a statement setting forth, to the extent
specified in such request--
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\163\ To fulfill the requirements of sec. 36(e) of this Act, as
amended by sec. 155 of Public Law 104-164; 110 Stat. 1440), the Defense
Security Assistance Agency of the Department of Defense reports arms
sales to which sec. 36(b) applies. In 2008, DSAA filed numerous
notifications; see Federal Register, annual index.
Title XI of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1894), provides the following:
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``foreign military financing program
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``For an additional amount for `Foreign Military Financing
Program', $1,294,000,000, to remain available until September 30, 2010:
Provided, That not less than $260,000,000 shall be made available for
assistance for the Mexican Navy and shall be available notwithstanding
section 7045(e) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8): Provided further, That funds made available pursuant to the
previous proviso shall be available notwithstanding section 36(b) of
the Arms Export Control Act: * * *''.
\164\ Sec. 1405(a)(2)(A)(i) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1457) struck out ``(1) In the case
of'' and inserted in lieu thereof ``(1) Subject to paragraph (6), in
the case of''.
\165\ This figure was increased from $25,000,000 to $50,000,000 by
sec. 101 of the International Security and Development Cooperation Act
of 1981 (Public Law 97-113; 95 Stat. 1520).
\166\ Sec. 105(d)(1) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134) inserted
``any design and construction services for $200,000,000 or more,''.
\167\ This figure was increased from $7,000,000 to $14,000,000 by
sec. 101 of the International Security and Development Cooperation Act
of 1981 (Public Law 97-113; 95 Stat. 1520).
\168\ Sec. 105(d)(2)(A) of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134)
inserted ``, or (in the case of a sale of design and construction
services) the information specified in clauses (A) through (D) of
paragraph (9) of subsection (a)''.
\169\ Sec. 105(d) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134) added the
reference to design and construction services.
\170\ This sentence to this point was added by sec. 20(b) of the
International Security Assistance Act of 1979 (Public Law 96-92; 93
Stat. 710).
\171\ Sec. 1180 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 995 Stat. 203) inserted
``and a detailed justification of the reasons necessitating the sale of
such articles or services in view of the sensitivity of such
technology''.
\172\ Sec. 735(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503), added
this sentence.
\173\ Sec. 732(a)(1) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503), added
this sentence.
\174\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives. Previously,
sec. 9(a)(7) of the USC Technical Amendments (Public Law 103-437; 108
Stat. 4581) struck out ``International Relations'' and inserted in lieu
thereof ``Foreign Affairs''.
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(A) a detailed description of the defense articles,
defense services, or design and construction services
\175\ to be offered, including a brief description of
the capabilities of any defense article to be offered;
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\175\ Sec. 105(d)(2)(C)(ix) of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3135)
added reference to defense services or design and construction
services.
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(B) an estimate of the number of officers and
employees of the United States Government and of United
States civilian contract personnel expected to be
needed in such country to carry out the proposed sale;
(C) the name of each contractor expected to provide
the defense article, defense service, or design and
construction services \176\ proposed to be sold and a
description of any offset agreement with respect to
such sale; \177\
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\176\ Sec. 105(d)(2)(C)(ii) of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134)
added reference to design and construction service.
\177\ Sec. 1245(a)(1) of the Defense Offsets Disclosure Act of 1999
(title XII, subtitle D of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
113 Stat. 1536)) struck out ``and a description from such contractor of
any offset agreements proposed to be entered into in connection with
such sale (if known on the date of transmittal of such statement);''
and inserted in lieu thereof ``and a description of any offset
agreement with respect to such sale;''. This phrase was substantially
amended previously by sec. 732(a)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
Stat. 503).
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(D) \178\ an evaluation, prepared by the Secretary of
State in consultation with the Secretary of Defense and
the Director of Central Intelligence, of the manner, if
any, in which the proposed sale would--
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\178\ Sec. 1225(a)(1) of the Foreign Affairs Agencies Consolidation
Act of 1998 (division G, subdivision A of Public Law 105-277; 112 Stat.
2681) struck out ``Director of the Arms Control and Disarmament Agency
in consultation with the Secretary of State and the Secretary of
Defense'' and inserted in lieu thereof ``Secretary of State in
consultation with the Secretary of Defense and the Director of Central
Intelligence''.
Previously, sec. 21(1) of the International Security Assistance Act
of 1978 (Public Law 95-384; 92 Stat. 741) amended and restated subpara.
(D), which formerly read as follows: ``(D) an analysis of the arms
control impact pertinent to such offer to sell, prepared in
consultation with the Secretary of Defense;''.
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(i) contribute to an arms race;
(ii) \179\ support international terrorism;
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\179\ Sec. 3(b) of the Anti-Terrorism and Arms Export Amendments
Act of 1989 (Public Law 101-222; 103 Stat. 1896) redesignated clauses
(ii) through (iv) as (iii) through (v), respectively, and inserted a
new clause (ii).
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(iii) \179\ increase the possibility of an
outbreak or escalation of conflict;
(iv) \179\ prejudice the negotiation of any
arms controls; or
(v) \179\ adversely affect the arms control
policy of the United States;
(E) the reasons why the foreign country or
international organization to which the sale is
proposed to be made needs the defense articles, defense
services, or design and construction services \175\
which are the subject of such sale and a description of
how such country or organization intends to use such
defense articles, defense services, or design and
construction services; \175\
(F) an analysis by the President of the impact of the
proposed sale on the military stocks and the military
preparedness of the United States;
(G) the reasons why the proposed sale is in the
national interest of the United States;
(H) an analysis by the President of the impact of the
proposed sale on the military capabilities of the
foreign country or international organization to which
such sale would be made;
(I) an analysis by the President of how the proposed
sale would affect the relative military strengths of
countries in the region to which the defense articles,
defense services, or design and construction services
\175\ which are the subject of such sale would be
delivered and whether other countries in the region
have comparable kinds and amounts of defense articles,
defense services, or design and construction services;
\175\
(J) an estimate of the levels of trained personnel
and maintenance facilities of the foreign country or
international organization to which the sale would be
made which are needed and available to utilize
effectively the defense articles, defense services, or
design and construction services \175\ proposed to be
sold;
(K) an analysis of the extent to which comparable
kinds and amounts of defense articles, defense
services, or design and construction services \175\ are
available from other countries;
(L) an analysis of the impact of the proposed sale on
United States relations with the countries in the
region to which the defense articles, defense services,
or design and construction services \175\ which are the
subject of such sale would be delivered;
(M) a detailed description of any agreement proposed
to be entered into by the United States for the
purchase or acquisition by the United States of defense
articles, defense services, design and construction
services \175\ or defense equipment, or other articles,
services, or equipment of the foreign country or
international organization in connection with, or as
consideration for, such letter of offer, including an
analysis of the impact of such proposed agreement upon
United States business concerns which might otherwise
have provided such articles, services, or equipment to
the United States, an estimate of the costs to be
incurred by the United States in connection with such
agreement compared with costs which would otherwise
have been incurred, an estimate of the economic impact
and unemployment which would result from entering into
such proposed agreement, and an analysis of whether
such costs and such domestic economic impact justify
entering into such proposed agreement;
(N) \180\ the projected delivery dates of the defense
articles, defense services, or design and construction
services \175\ to be offered;
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\180\ Sec. 21(4) of the International Security Assistance Act of
1978 (Public Law 95-384; 92 Stat. 741) added subparas. (N), (O) and
(P).
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(O) \180\ a detailed description of weapons and
levels of munitions that may be required as support for
the proposed sale; and
(P) \180\ an analysis of the relationship of the
proposed sale to projected procurements of the same
item.
A certification transmitted pursuant to this subsection shall
be unclassified, except that the information specified in
clause (ii) and the details of the description specified in
clause (iii) of subsection (a) may be classified if the public
disclosure thereof would be clearly detrimental to the security
of the United States, in which case the information shall be
accompanied by a description of the damage to the national
security that could be expected to result from public
disclosure of the information.\181\ The letter of offer shall
not be issued, with respect to a proposed sale to the North
Atlantic Treaty Organization, any member country of such
Organization, Japan, Australia, the Republic of Korea,\182\ or
New Zealand, if the Congress, within fifteen calendar days
after receiving such certification, or with respect to a
proposed sale to any other country or organization, if the
Congress within thirty calendar days \183\ after receiving such
certification,\184\ enacts a joint \185\ resolution prohibiting
the proposed sale, unless the President states in his
certification that an emergency exists which requires such sale
in the national security interests of the United States. If the
President states in his certification that an emergency exists
which requires the proposed sale in the national security
interest of the United States, thus waiving the congressional
review requirements of this subsection, he shall set forth in
the certification a detailed justification for his
determination, including a description of the emergency
circumstances which necessitate the immediate issuance of the
letter of offer and a discussion of the national security
interests involved.\186\
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\181\ Sec. 1301(b)(1) of the Arms Control, Nonproliferation, and
Security Assistance Act of 1999 (division B of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
Public Law 106-113; 113 Stat. 1536)) added ``, in which case the
information shall be accompanied by a description of the damage to the
national security that could be expected to result from public
disclosure of the information''.
\182\ Sec. 203(b)(1) of the Naval Vessel Transfer Act of 2008
(Public Law 110-429; 122 Stat. 4845) inserted ``the Republic of
Korea,'' before ``or New Zealand'' in secs. 3(d)(2)(B), 3(d)(3)(A)(i),
3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2)
of this Act.
\183\ With regard to the sale to Jordan of advanced weapons
systems, see Public Law 99-162 (99 Stat. 937), in Legislation on
Foreign Relations Through 2008, vol. I-B.
\184\ Sec. 102(b)(1) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1520) struck out
``if the Congress, within thirty calendar days after receiving such
certification,'' and inserted in lieu thereof ``with respect to a
proposed sale to any other country or organization, if the Congress
within thirty days after receiving such certification,''.
\185\ Public Law 99-247 (100 Stat. 9) struck out ``concurrent'' and
inserted in lieu thereof ``joint''.
\186\ Sec. 19(c) of the International Security Assistance Act of
1979 (Public Law 96-92; 93 Stat. 709) added this sentence.
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(2) Any such joint \185\ resolution shall be considered in
the Senate in accordance with the provisions of section 601(b)
of the International Security Assistance and Arms Export
Control Act of 1976, except that for purposes of consideration
of any joint \185\ resolution with respect to the North
Atlantic Treaty Organization, any member country of such
Organization, Japan, Australia, the Republic of Korea,\182\ or
New Zealand, it shall be in order in the Senate to move to
discharge a committee to which such joint \185\ resolution was
referred if such committee has not reported such joint \185\
resolution at the end of five calendar days after its
introduction.\187\
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\187\ Sec. 102(b)(2) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1520) inserted ``,
except that for purposes of consideration of any concurrent resolution
with respect to the North Atlantic Treaty Organization, any member
country of such Organization, Japan, Australia, or New Zealand, it
shall be in order in the Senate to move to discharge a committee to
which such concurrent resolution was referred if such committee has not
reported such concurrent resolution at the end of five calendar days
after its introduction'' (see footnote above, relating to
``concurrent'' and ``joint'').
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(3) For the purpose of expediting the consideration and
enactment of joint resolutions under this subsection, a motion
to proceed to the consideration of any such joint \185\
resolution after it has been reported by the appropriate
committee shall be treated as highly privileged in the House of
Representatives.
(4) \188\ In addition to the other information required to
be contained in a certification submitted to the Congress under
this subsection, each such certification shall cite any
quarterly report submitted pursuant to section 28 of this Act
which listed a price and availability estimate, or a request
for the issuance of a letter of offer, which was a basis for
the proposed sale which is the subject of such certification.
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\188\ Sec. 16(b) of the International Security Assistance Act of
1979 (Public Law 96-92; 93 Stat. 708) added para. (4).
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(5) \189\ (A) If, before the delivery of any major defense
article or major defense equipment, or the furnishing of any
defense service or design and construction service, sold
pursuant to a letter of offer described in paragraph (1), the
sensitivity of technology or the capability of the article,
equipment, or service is enhanced or upgraded from the level of
sensitivity or capability described in the numbered
certification with respect to an offer to sell such article,
equipment, or service, then, at least 45 days before the
delivery of such article or equipment or the furnishing of such
service, the President shall prepare and transmit to the
chairman of the Committee on Foreign Affairs \190\ of the House
of Representatives and the chairman of the Committee on Foreign
Relations of the Senate a report--
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\189\ Sec. 118(2) of the International Security and Development
Cooperation Act of 1983 (Public Law 99-83; 99 Stat. 203) added para. 5.
\190\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(i) describing the manner in which the technology or
capability has been enhanced or upgraded and describing
the significance of such enhancement or upgrade; and
(ii) setting forth a detailed justification for such
enhancement or upgrade.
(B) The provisions of subparagraph (A) apply to an article
or equipment delivered, or a service furnished, within ten
years after the transmittal to the Congress of a numbered
certification with respect to the sale of such article,
equipment, or service.
(C) Subject to paragraph (6), if \191\ the enhancement or
upgrade in the sensitivity of technology or the capability of
major defense equipment, defense articles, defense services, or
design and construction services described in a numbered
certification submitted under this subsection costs $14,000,000
or more in the case of any major defense equipment, $50,000,000
or more in the case of defense articles or defense services, or
$200,000,000 or more in the case of design or construction
services, then the President shall submit to the Speaker of the
House of Representatives and the chairman of the Committee on
Foreign Relations of the Senate a new numbered certification
which relates to such enhancement or upgrade and which shall be
considered for purposes of this subsection as if it were a
separate letter of offer to sell defense equipment, articles,
or services, subject to all of the requirements, restrictions,
and conditions set forth in this subsection. For purposes of
this subparagraph, references in this subsection to sales shall
be deemed to be references to enhancements or upgrades in the
sensitivity of technology or the capability of major defense
equipment, articles, or services, as the case may be.
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\191\ Sec. 1405(a)(1)(B)(ii) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1457) struck out ``(C) If'' and
inserted in lieu thereof ``(C) Subject to paragraph (6), if''.
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(D) For the purposes of subparagraph (A), the term ``major
defense article'' shall be construed to include electronic
devices, which if upgraded, would enhance the mission
capability of a weapons system.
(6) \192\ The limitation in paragraph (1) and the
requirement in paragraph (5)(C) shall apply in the case of a
letter of offer to sell to a member country of the North
Atlantic Treaty Organization (NATO) or Australia, Japan, the
Republic of Korea,\182\ or New Zealand that does not authorize
a new sales territory that includes any country other than such
countries only if the letter of offer involves--
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\192\ Sec. 1405(a)(2)(A)(iii) of the Security Assistance Act of
2002 (division B of the Foreign Relations Authorization Act, Fiscal
Year 2003; Public Law 107-228; 116 Stat. 1457) added para. (6).
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(A) the sale of major defense equipment under this
Act for, or the enhancement or upgrade of major defense
equipment at a cost of, $25,000,000 or more, as the
case may be; and
(B) the sale of defense articles or services for, or
the enhancement or upgrade of defense articles or
services at a cost of, $100,000,000 or more, as the
case may be; or
(C) the sale of design and construction services for,
or the enhancement or upgrade of design and
construction services at a cost of, $300,000,000 or
more, as the case may be.
(c) \193\ (1) \194\ Subject to paragraph (5), in the case
of \195\ an application by a person (other than with regard to
a sale under section 21 or section 22 of this Act) for a
license for the export of any major defense equipment sold
under a contract in the amount of $14,000,000 \196\ or more or
of defense articles or defense services sold under a contract
in the amount of $50,000,000 \197\ or more,\198\ (or, in the
case of a defense article that is a firearm controlled under
category I of the United States Munitions List, $1,000,000 or
more) \199\ before issuing such license the President shall
transmit to the Speaker of the House of Representatives and to
the chairman of the Committee on Foreign Relations of the
Senate an unclassified numbered certification with respect to
such application specifying (A) the foreign country or
international organization to which such export will be made,
(B) the dollar amount of the items to be exported, and (C) a
description of the items to be exported. Each such numbered
certification shall also contain an item indicating whether any
offset agreement is proposed to be entered into in connection
with such export and a description of any such offset
agreement.\200\ In addition, the President shall, upon the
request of such committee or the Committee on Foreign Affairs
\201\ of the House of Representatives, transmit promptly to
both such committees a statement setting forth, to the extent
specified in such request a description of the capabilities of
the items to be exported, an estimate of the total number of
United States personnel expected to be needed in the foreign
country concerned in connection with the items to be exported
and an analysis of the arms control impact pertinent to such
application, prepared in consultation with the Secretary of
Defense and a description from the person who has submitted the
license application of any offset agreement proposed to be
entered into in connection with such export (if known on the
date of transmittal of such statement). In a case in which such
articles or services are listed on the Missile Technology
Control Regime Annex and are intended to support the design,
development, or production of a Category I space launch vehicle
system (as defined in section 74), such report shall include a
description of the proposed export and rationale for approving
such export, including the consistency of such export with
United States missile nonproliferation policy.\202\ A
certification transmitted pursuant to this subsection shall be
unclassified, except that the information specified in clause
(B) and the details of the description specified in clause (C)
may be classified if the public disclosure thereof would be
clearly detrimental to the security of the United States, in
which case the information shall be accompanied by a
description of the damage to the national security that could
be expected to result from public disclosure of the
information.\203\
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\193\ Each year the Director of the Office of Defense Trade
Controls notifies Congress of proposed commercial export licenses
pursuant to this subsection in numerous Department of State Public
Notices. See Federal Register, Annual Index.
Sec. 708(b) of the Security Assistance Act of 2000 (Public Law 106-
280; 114 Stat. 863) provided the following:
``(b) Termination of Existing Licenses.--If, at any time after the
issuance of a license under section 36(c) of the Arms Export Control
Act relating to the use, development, or co-production of commercial
rocket engine technology with a foreign person, the President
determines that the foreign person has engaged in any action described
in section 73(a)(1) of the Arms Export Control Act (22 U.S.C.
2797b(a)(1)) since the date the license was issued, the President may
terminate the license.''.
\194\ Sec. 107(b) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3136) added the
para. designation ``(1)'', made several technical changes to para. (1),
and added new paras. (2) and (3).
\195\ Sec. 1405(a)(2)(B)(i) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1457) struck out ``(1) In the case
of'' and inserted in lieu thereof ``(1) Subject to paragraph (5), in
the case of''.
\196\ This figure was increased from $7,000,000 to $14,000,000 by
sec. 101 of the International Security and Development Cooperation Act
of 1981 (Public Law 97-113; 95 Stat. 1520).
\197\ This figure was increased from $25,000,000 to $50,000,000 by
sec. 101 of the International Security and Development Cooperation Act
of 1981 (Public Law 97-113; 95 Stat. 1520).
\198\ The words ``not less than 30 days'' which formerly appeared
at this point, were struck out by sec. 107(b)(1) of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
Stat. 3136). This 30-day prior notification requirement is now included
in para. (2) of subsec. (c).
\199\ Sec. 1205(a) of the Security Assistance Act of 2002 (division
B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1427) inserted ``(or, in the case of a defense
article that is a firearm controlled under category I of the United
States Munitions List, $1,000,000 or more)'' after ``$50,000,000 or
more''.
\200\ Sec. 1245(a)(2) of the Defense Offsets Disclosure Act of 1999
(title XII, subtitle D of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
113 Stat. 1536)) struck out ``(if known on the date of transmittal of
such certification)'' and inserted in lieu thereof ``and a description
of any such offset agreement''.
\201\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives. Previously,
sec. 9(a)(7) of the USC Technical Amendments (Public Law 103-437; 108
Stat. 4581) struck out ``International Relations'' and inserted in lieu
thereof ``Foreign Affairs''.
\202\ Sec. 735(b) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 506) inserted
the sentence beginning with ``In a case in which such * * *''.
\203\ Sec. 1301(b)(2) of the Arms Control, Nonproliferation, and
Security Assistance Act of 1999 (division B of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
Public Law 106-113; 113 Stat. 1536)) added ``, in which case the
information shall be accompanied by a description of the damage to the
national security that could be expected to result from public
disclosure of the information''.
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(2) \194\ Unless the President states in his certification
that an emergency exists which requires the proposed export in
the national security interests of the United States, a license
for export described in paragraph (1)--
(A) \204\ in the case of a license for an export to
the North Atlantic Treaty Organization, any member
country of that Organization or Australia, Japan, the
Republic of Korea,\205\ or New Zealand, shall not be
issued until at least 15 calendar days after the
Congress receives such certification, and shall not be
issued then if the Congress, within that 15-day period,
enacts a joint resolution prohibiting the proposed
export; \206\
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\204\ Sec. 141(c) of Public Law 104-164 (110 Stat. 1431) amended
and restated subparas. (A) and (B), which formerly read as follows:
``(A) shall not be issued until at least 30 calendar days after the
Congress receives such certification; and
``(B) shall not be issued then if the Congress, within such 30-day
period, enacts a joint resolution prohibiting the proposed export,
except that this subparagraph does not apply with respect to a license
issued for an export to the North Atlantic Treaty Organization, any
member country of that Organization, Japan, Australia, or New
Zealand.''.
Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that
``amendments made by this section [sec. 141] apply with respect to
certifications required to be submitted on or after the date of the
enactment of this Act [July 21, 1996].''.
\205\ Sec. 203(b)(1) of the Naval Vessel Transfer Act of 2008
(Public Law 110-429; 122 Stat. 4845) inserted ``the Republic of
Korea,'' before ``or New Zealand'' in secs. 3(d)(2)(B), 3(d)(3)(A)(i),
3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2)
of this Act.
\206\ Sec. 102(c)(1) of the Security Assistance Act of 2000 (Public
Law 106-280; 114 Stat. 849) struck out ``and'' at the end of subpara.
(A), redesignated subpara. (B) as subpara. (C), and added a new
subpara. (B). Para. (2) of that section, furthermore, provided the
following:
``(2) Sense of the Congress.--It is the sense of the Congress that
the appropriate committees of Congress and the appropriate agencies of
the United States Government should review the commodity jurisdiction
of United States commercial communications satellites.''.
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(B) \206\ in the case of a license for an export of a
commercial communications satellite for launch from,
and by nationals of, the Russian Federation, Ukraine,
or Kazakhstan, shall not be issued until at least 15
calendar days after the Congress receives such
certification, and shall not be issued then if the
Congress, within that 15-day period, enacts a joint
resolution prohibiting the proposed export; and
(C) \206\ in the case of any other license, shall not
be issued until at least 30 calendar days after the
Congress receives such certification, and shall not be
issued then if the Congress, within that 30-day period,
enacts a joint resolution prohibiting the proposed
export.
If the President states in his certification that an emergency
exists which requires the proposed export in the national
security interests of the United States, thus waiving the
requirements of subparagraphs (A) and (B) of this paragraph, he
shall set forth in the certification a detailed justification
for his determination, including a description of the emergency
circumstances which necessitate the immediate issuance of the
export license and a discussion of the national security
interests involved.
(3) \194\ (A) Any joint \185\ resolution under this
subsection shall be considered in the Senate in accordance with
the provisions of section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976.
(B) For the purpose of expediting the consideration and
enactment of joint \185\ resolutions under this subsection, a
motion to proceed to the consideration of any such joint \185\
resolution after it has been reported by the appropriate
committee shall be treated as highly privileged in the House of
Representatives.
(4) \207\ The provisions of subsection (b)(5) shall apply
to any equipment, article, or service for which a numbered
certification has been transmitted to Congress pursuant to
paragraph (1) in the same manner and to the same extent as that
subsection applies to any equipment, article, or service for
which a numbered certification has been transmitted to Congress
pursuant to subsection (b)(1). For purposes of such
application, any reference in subsection (b)(5) to ``a letter
of offer'' or ``an offer'' shall be deemed to be a reference to
``a contract''.
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\207\ Sec. 1224 of the Security Assistance Act of 1999 (title XII
of the Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536))
added para. (4).
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(5) \208\ In the case of an application by a person (other
than with regard to a sale under section 21 or 22 of this Act)
for a license for the export to a member country of the North
Atlantic Treaty Organization (NATO) or Australia, Japan, the
Republic of Korea,\205\ or New Zealand that does not authorize
a new sales territory that includes any country other than such
countries, the limitations on the issuance of the license set
forth in paragraph (1) shall apply only if the license is for
export of--
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\208\ Sec. 1405(a)(2)(B)(ii) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1457) added para. (5).
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(A) major defense equipment sold under a contract in
the amount of $25,000,000 or more; or
(B) defense articles or defense services sold under a
contract in the amount of $100,000,000 or more.
(d)(1) \209\ In the case of an approval under section 38 of
this Act of a United States commercial technical assistance or
manufacturing licensing agreement \210\ which involves the
manufacture abroad of any item of significant combat equipment
on the United States Munitions List, before such approval is
given, the President shall submit a certification with respect
to such proposed commercial agreement in a manner similar to
the certification required under subsection (c)(1) containing
comparable information, except that the last sentence of such
subsection shall not apply to certifications submitted pursuant
to this subsection.
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\209\ Sec. 141(d)(1) of Public Law 104-164 (110 Stat. 1432)
inserted para. designation ``(1)'' after ``(d)''.
\210\ Sec. 141(d)(2) of Public Law 104-164 (110 Stat. 1432) struck
out ``for or in a country not a member of the North Atlantic Treaty
Organization'' after ``licensing agreement''.
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(2) \211\ A certification under this subsection shall be
submitted--
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\211\ Sec. 141(d)(3) of Public Law 104-164 (110 Stat. 1432) added
paras. (2) through (5).
Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that
``amendments made by this section [sec. 141] apply with respect to
certifications required to be submitted on or after the date of the
enactment of this Act [July 21, 1996].''.
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(A) at least 15 days before approval is given in the
case of an agreement for or in a country which is a
member of the North Atlantic Treaty Organization or
Australia, Japan, the Republic of Korea,\212\ or New
Zealand; and
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\212\ Sec. 203(b)(1) of the Naval Vessel Transfer Act of 2008
(Public Law 110-429; 122 Stat. 4845) inserted ``the Republic of
Korea,'' before ``or New Zealand'' in secs. 3(d)(2)(B), 3(d)(3)(A)(i),
3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2)
of this Act.
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(B) at least 30 days before approval is given in the
case of an agreement for or in any other country;
unless the President states in his certification that an
emergency exists which requires the immediate approval of the
agreement in the national security interests of the United
States.
(3) If the President states in his certification that an
emergency exists which requires the immediate approval of the
agreement in the national security interests of the United
States, thus waiving the requirements of paragraph (4), he
shall set forth in the certification a detailed justification
for his determination, including a description of the emergency
circumstances which necessitate the immediate approval of the
agreement and a discussion of the national security interests
involved.
(4) Approval for an agreement subject to paragraph (1) may
not be given under section 38 if the Congress, within the 15-
day or 30-day period specified in paragraph (2)(A) or (B), as
the case may be, enacts a joint resolution prohibiting such
approval.
(5)(A) Any joint resolution under paragraph (4) shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
(B) For the purpose of expediting the consideration and
enactment of joint resolutions under paragraph (4), a motion to
proceed to the consideration of any such joint resolution after
it has been reported by the appropriate committee shall be
treated as highly privileged in the House of Representatives.
(e) \213\ For purposes of this section--
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\213\ Sec. 732(c) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503) added
subsec. (e).
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(1) the term ``offset agreement'' means an agreement,
arrangement, or understanding between a United States
supplier of defense articles or defense services and a
foreign country under which the supplier agrees to
purchase or acquire, or to promote the purchase or
acquisition by other United States persons of, goods or
services produced, manufactured, grown, or extracted,
in whole or in part, in that foreign country in
consideration for the purchase by the foreign country
of defense articles or defense service from the
supplier; and
(2) the term ``United States person'' means--
(A) an individual who is a national or
permanent resident alien of the United States;
and
(B) any corporation, business association,
partnership, trust, or other juridical entity--
(i) organized under the laws of the
United States or any State, district,
territory, or possession thereof; or
(ii) owned or controlled in fact by
individuals described in subparagraph
(A).
(f) \214\ The President shall cause to be published in a
timely manner \215\ in the Federal Register, upon transmittal
to the Speaker of the House of Representatives and to the
chairman of the Committee on Foreign Relations of the Senate,
the full unclassified text of--\216\
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\214\ Sec. 155 of Public Law 104-164 (110 Stat. 1440) added this
subsec. as subsec. (e). Sec. 1245(b)(1) of the Defense Offsets
Disclosure Act of 1999 (title XII, subtitle D of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
Public Law 106-113; 113 Stat. 1536)) redesignated as subsec. (f) to
correct the occurrence of two subsecs. (e).
\215\ Sec. 1301(a)(1) of the Arms Control, Nonproliferation, and
Security Assistance Act of 1999 (division B of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
Public Law 106-113; 113 Stat. 1536)) inserted ``in a timely manner''
after ``to be published''.
\216\ Sec. 1301(a)(2) of the Arms Control, Nonproliferation, and
Security Assistance Act of 1999 (division B of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
Public Law 106-113; 113 Stat. 1536)) struck out ``the full unclassified
text of each numbered certification submitted pursuant to subsection
(b) and each notification of a proposed commercial sale submitted under
subsection (c).'' and inserted in lieu thereof ``the full unclassified
text of--'' and text of subparas. (1) through (3).
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(1) each numbered certification submitted pursuant to
subsection (b);
(2) each notification of a proposed commercial sale
submitted under subsection (c); and
(3) each notification of a proposed commercial
technical assistance or manufacturing licensing
agreement submitted under subsection (d).
(g) \217\ Information relating to offset agreements
provided pursuant to subparagraph (C) of the fifth sentence of
subsection (b)(1) and the second sentence of subsection (c)(1)
shall be treated as confidential information in accordance with
section 12(c) of the Export Administration Act of 1979 (50
U.S.C. App. 2411(c)).
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\217\ Sec. 1245(b)(2) of the Defense Offsets Disclosure Act of 1999
(title XII, subtitle D of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
113 Stat. 1536)) added subsec. (g).
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(h) \218\ Certification Requirement Relating to Israel's
Qualitative Military Edge.--
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\218\ Sec. 201(d) of the Naval Vessel Transfer Act of 2008 (Public
Law 110-429; 122 Stat. 4843) added subsec. (h).
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(1) In general.--Any certification relating to a
proposed sale or export of defense articles or defense
services under this section to any country in the
Middle East other than Israel shall include a
determination that the sale or export of the defense
articles or defense services will not adversely affect
Israel's qualitative military edge over military
threats to Israel.
(2) Qualitative military edge defined.--In this
subsection, the term ``qualitative military edge''
means the ability to counter and defeat any credible
conventional military threat from any individual state
or possible coalition of states or from non-state
actors, while sustaining minimal damages and
casualties, through the use of superior military means,
possessed in sufficient quantity, including weapons,
command, control, communication, intelligence,
surveillance, and reconnaissance capabilities that in
their technical characteristics are superior in
capability to those of such other individual or
possible coalition of states or non-state actors.
Sec. 37.\219\ Fiscal Provisions Relating to Foreign
Military Sales Credits.--(a) Cash payments received under
sections 21, 22, and 29 \220\ and advances received under
section 23 shall be available solely for payments to suppliers
(including the military departments) and refunds to purchasers
and shall not be available for financing credits and
guaranties.
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\219\ 22 U.S.C. 2777.
\220\ Sec. 105(e)(1) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3135) added the
reference to sec. 29.
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(b) Amounts received from foreign governments and
international organizations as repayments for credits extended
pursuant to section 23, amounts received from the disposition
of instruments evidencing indebtedness under section 24(b)
(excluding such portion of the sales proceeds as may be
required at the time of disposition to be obligated as a
reserve for payment of claims under guaranties issued pursuant
to section 24(b), which sums are made available for such
obligations),\221\ and other collections (including fees and
interest) shall be transferred to the miscellaneous receipts of
the Treasury.
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\221\ Sec. 25(11) of the FA Act of 1973 (Public Law 93-189)
inserted ``under section 24(b) (excluding such portion of the sales
proceeds as may be required at the time of disposition to be obligated
as a reserve for payment of claims under guaranties issued pursuant to
section 24(b), which sums are made available for such obligations),'' .
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(c) \222\ Notwithstanding the provisions of subsection (b),
to the extent that any of the funds constituting the reserve
under section 24(c) are paid out for a claim arising out of a
loan guaranteed under section 24, amounts received from a
foreign government or international organization after the date
of such payment, with respect to such claim, shall be credited
to such reserve, shall be merged with the funds in such
reserve, and shall be available for any purpose for which funds
in such reserve are available.
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\222\ Sec. 104(b) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3133) added
subsec. (c).
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Sec. 38.\223\ Control of Arms Exports and Imports.--(a)(1)
In furtherance of world peace and the security and foreign
policy of the United States, the President is authorized to
control the import and the export of defense articles and
defense services and to provide foreign policy guidance to
persons of the United States involved in the export and import
of such articles and services. The President is authorized to
designate those items which shall be considered as defense
articles and defense services for the purposes of this section
and to promulgate regulations for the import and export of such
articles and services. The items so designated shall constitute
the United States Munitions List.
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\223\ 22 U.S.C. 2778.
Sec. 38 was added by sec. 212(a)(1) of the International Security
Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90
Stat. 744). Sec. 212(b) of the same Act repealed sec. 414 of the Mutual
Security Act of 1954 and stated that any reference to sec. 414 would be
considered as a reference to sec. 38 of the Arms Export Control Act.
See also sec. 1403 of the Security Assistance Act of 2002 (division
B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1453), relating to information management
priorities.
See also secs. 1402-1412 of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 798 et seq.),
relating to, among other issues, export controls, satellite licensing,
technology transfers, high-performance computers, and the Defense
Threat Reduction Agency.
See also sec. 1309 of the Arms Control, Nonproliferation, and
Security Assistance Act of 1999 (division B of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
Public Law 106-113; 113 Stat. 1536)), relating to satellite export
activities.
See also title XV, subtitle B, of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 2173), relating to satellite export controls, particularly as
they are applied to exportation to the People's Republic of China.
See also title IV, secs. 401-405, of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105
Stat. 718-722), relating to arms transfers restraint policy for the
Middle East and Persian Gulf region.
See also in the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484; 106 Stat. 2561): sec. 1365, relating to
landmine export moratorium; title XV--Weapons of Mass Destruction
Control Act of 1992; and title XVI--Iran-Iraq Arms Non-Proliferation
Act of 1992. As a result of sec. 1365 of that Act, the Department of
State gave notice to the following:
``Notice is hereby given that all licenses, approvals, sales or
transfers of landmines specifically designed for antipersonnel use,
regardless of method of delivery, are suspended until further notice.
Additionally, all existing authorizations for the sale, export, or
transfer of such defense articles are revoked until further notice.
This action has been taken pursuant to sections 2, 38 and 42 of the
Arms Export Control Act, and section 1365 of the National Defense
Authorization Act for Fiscal Year 1993.'' (Public Notice 1727 of
November 25, 1992; 57 F.R. 55614).
Licenses and approvals to export or otherwise transfer defense
articles and defense services to the following countries or foreign
entities are suspended or restricted:
Iran (Department of State Notice 84-3, January 23, 1984, 49 F.R.
2836; Public Notice 4371, May 16, 2003, 68 F.R. 28315; Public Notice
4375, May 28, 2003, 68 F.R. 31739); Haiti--including those for use by
the police (effective October 3, 1991; Department of State Public
Notice 1496; 56 F.R. 50968; October 9, 1991); Sudan (effective October
8, 1992; Department of State Public Notice 1711; 57 F.R. 49741;
November 3, 1992); Yemen (effective November 16, 1992; Department of
State Public Notice 1734; 57 F.R. 59852; December 16, 1992); the armed
forces on Cyprus (except to the United Nations Forces in Cyprus)
(effective November 18, 1992; Department of State Public Notice 1738;
57 F.R. 60265; December 18, 1992); Somalia (effective December 16,
1992; Department of State Public Notice 1736; 57 F.R. 59851; December
16, 1992); Liberia (other than for the peacekeeping forces of ECOWAS)
(effective December 18, 1992; Department of State Public Notice 1737;
57 F.R. 60265; December 18, 1992; and Department of State Public Notice
3767; 66 F.R. 46491; September 5, 2001); Burma (Department of State
Public Notice 1820; 58 F.R. 33293; June 16, 1993); Guatemala
(Department of State Public Notice 1831; 58 F.R. 38597; July 19, 1993);
Afghanistan (Taliban-controlled areas: Department of State Public
Notice (June 27, 1996; 61 F.R. 33313; and Public Notice 3657, May 8,
2001; 66 F.R. 23310; all licenses except to the Afghan Interim
Authority: June 3, 2002; 67 F.R. 44352)); Zimbabwe (April 11, 2002; 67
F.R. 18978; some export exceptions, July 17, 2002; 67 F.R. 48242); Cote
D'Ivoire (Department of State Public Notice 4922; December 6, 2004; 69
F.R. 74560); and Lebanon (other than those authorized by the Government
of Lebanon or the U.N. Interim Forces in Lebanon (UNIFIL)), (effective
December 15, 2006; Department of State Public Notice 5645; 71 F.R.
75609).
Over 2000-2001, restrictions imposed against India and Pakistan
were adjusted or lifted: Presidential Determination No. 2000-18; March
18, 2000; 65 F.R. 16297; Presidential Determination No. 2001-11;
January 19, 2001; 66 F.R. 8503; Presidential Determination No. 2001-23;
August 9, 2001; 66 F.R. 44521; and Presidential Determination No. 2001-
28; September 22, 2001; 66 F.R. 50095. Effective June 20, 2003, per
Department of State Public Notice 4384 (68 F.R. 37039), notice is given
that requests for export and retransfer of defense articles, defense
services, and related technical data to India or Pakistan will be
considered on a standard case-by-case basis, reversing policy stated on
May 20, 1998 and June 17, 1998. (Restrictions originally imposed
against India on May 13, 1998 (Department of State Public Notice 2825;
63 F.R. 27781); and against Pakistan on May 30, 1998 (Department of
State Public Notice 2835; 63 F.R. 33122).
Effective March 24, 2003, Khan Research Laboratories of Pakistan
were restricted under the ITAR and within terms of sec. 203(b)(3) of
the International Emergency Economic Powers Act (Public Notice 4327; 68
F.R. 16113).
Effective September 10, 1999, restrictions were imposed against
Indonesia (``except for certain exports related to commercial
communication satellites and Y2K compliance activities''; Department of
State Public Notice 3137; 64 F.R. 55805; September 10, 1999). These
were eased, effective August 25, 2000, to expand ``the exception of the
items permitted to be exported * * * to, on a case-by-case basis, C-130
spare parts including when for the Government of Indonesia''
(Department of State Public Notice 3557; 66 F.R. 7836). Effective
November 28, 2000, exceptions to Indonesia for defense articles and
defense services ``for ultimate end-use by a third country'' were
allowed on a case-by-case basis (Department of State Public Notice
3612; 66 F.R. 16085). Effective September 19, 2001, the exceptions to
Indonesia were again expanded to include, on a case-by-case basis:
``(a) Non-lethal defense articles and spare parts; and (b) non-lethal,
safety-of-use spare parts for lethal end-items. An example of safety-
of-use items would be cartridge actuated aircraft for purposes of
enhancing the safety of the aircraft crew. For non-lethal defense end-
items, no distinction will be made between Indonesia's existing and new
inventory.'' (Department of State Public Notice 3854; 66 F.R. 65235).
Effective March 29, 2006, requests for export or retransfer of lethal
defense articles and related defense services to Indonesia are to be
considered on a case-by-case basis (Department of State Public Notice
5354; 71 F.R. 15797).
Effective May 30, 1999, restrictions against Nigeria were eased.
Henceforth, applications for licenses are reviewed on a case-by-case
basis (Department of State Public Notice 3076; 64 F.R. 34304). Exports
to Nigeria had been restricted since 1993 (see: Department of State
Public Notice 1844; 58 F.R. 40845; July 30, 1993; and Public Notice
2313; 60 F.R. 66334; December 11, 1995).
Peru and Ecuador are restricted on a case-by-case basis (Peru:
Department of State Public Notice 2021; 59 F.R. 32481; June 8, 1994;
and Public Notice 2168; 60 F.R. 10138; February 23, 1995; Peru and
Ecuador: Department of State Public Notice 2205; 60 F.R. 26070; May 4,
1995; and Public Notice 2286; 60 F.R. 57049; November 13, 1995).
The International Traffic in Arms Regulations (ITAR; 22 CFR Part
126), restricts exports and sales to countries for a variety of
reasons. The following restrictions are stated in the ITAR as of April
1, 2009, and is subject to change. Amendments to the ITAR are usually
published in the Federal Register. Generally, licenses are denied for
exports of defense articles and services to: Belarus, Cuba, Eritrea,
Iran, North Korea, Syria, and Venezuela (the last country in that list
added August 16, 2006; Department of State Public Notice 5506; 71 F.R.
47554). Such exports to countries against which the United States
maintains an arms embargo are also restricted, currently Burma, China,
Liberia, and Sudan. Such exports to countries against which the United
Nations Security Council imposes an embargo are restricted, currently
Cote d'Ivoire, Democratic Republic of the Congo, Iraq, Iran, Lebanon,
Liberia, North Korea, Sierra Leone, Somalia, and Sudan. Countries the
governments of which have been identified for their support for acts of
international terrorism, and are thus denied licenses, include Cuba,
Iran, North Korea, Sudan, and Syria. More detailed restrictions and
procedures are stated for Iraq, Afghanistan, Democratic Republic of the
Congo, Haiti, Libya, Vietnam, Somalia, and Sri Lanka.
The ITAR prohibits exports and sales to persons identified by the
United Nations in implementing U.N. Security Council Resolutions. See
Department of State Public Notice 4455, effective August 25, 2003 (68
F.R. 51048).
The Democratic Republic of the Congo was removed from the ITAR
restrictive list effective February 17, 2004 (69 F.R. 7349), though a
presumption of denial for the export of most defense articles and
services continues.
Rwanda was removed from the ITAR restrictive list effective July
30, 2003 (68 F.R. 44613), though a presumption of denial for the export
of most defense articles and services continues.
Angola was removed from the ITAR restrictive list effective
November 21, 2003 (68 F.R. 56533). Previously, effective July 2, 1993,
the domestic arms embargo on Angola was lifted and section 126.1(a) of
the International Traffic in Arms Regulations (ITAR) (22 CFR Part 126)
was amended accordingly (58 F.R. 35864).
The Federal Republic of Yugoslavia (Serbia and Montenegro) was
removed from the ITAR restrictive list effective December 3, 2001 (67
F.R. 1074). Armenia and Azerbaijan were removed from the list effective
April 3, 2002 (67 F.R. 15101).
Ukraine was removed from the ITAR restrictive list, effective
December 27, 2000 (65 F.R. 81739). Mongolia was removed from the ITAR
restrictive list, effective June 30, 1997, in State Department Public
Notice 2567 (62 F.R. 37133). The phrase ``the states of the former
Yugoslavia'' was replaced with ``the FRY (Serbia and Montenegro)'',
effective July 12, 1996, pursuant to State Department Public Notice
2410 (61 F.R. 36625). Georgia, Kazakhstan, Turkmenistan, and Uzbekistan
were removed from the ITAR restrictive list, effective July 17, 1996,
in State Department Public Notice 2407 (61 F.R. 41499).
Effective August 29, 2005, the Department of State added two new
sections to the ITAR to define ``North Atlantic Treaty Organization''
as ``Belgium, Bulgaria, Canada, Czech Republic, Denmark, Estonia,
France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania,
Luxembourg, The Netherlands, Norway, Poland, Portugal, Romania,
Slovakia, Slovenia, Spain, Turkey, United Kingdom and the United
States'' (22 CFR Part 120.31) and to define ``Major non-NATO ally'' as
``a country that is designated in accordance with section 517 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321k) as a major non-NATO
ally for purposes of the Foreign Assistance Act of 1961 and the Arms
Export Control Act (22 U.S.C. 2751 et seq.) (22 U.S.C. 2403(q)). The
following countries have been designated as major non-NATO allies:
Argentina, Australia, Bahrain, Egypt, Israel, Japan, Jordan, Kuwait,
Morocco, New Zealand, Pakistan, the Philippines, Thailand, and Republic
of Korea. Taiwan shall be treated as though it were designated a major
non-NATO ally (as defined in section 644(q) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2403(q)).'' (Department of State Public Notice
5176; 70 F.R. 50958).
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(2) Decisions on issuing export licenses under this section
shall take into account \224\ whether the export of an article
would contribute to an arms race, aid in the development of
weapons of mass destruction, support international terrorism,
increase the possibility of outbreak or escalation of conflict,
or prejudice the development of bilateral or multilateral arms
control or nonproliferation agreements or other
arrangements.\225\
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\224\ Sec. 1225(a)(2)(A) of the Foreign Affairs Agencies
Consolidation Act of 1998 (division G, subdivision A of Public Law 105-
277; 112 Stat. 2681) struck out ``be made in coordination with the
Director of the United States Arms Control and Disarmament Agency,
taking into account the Director's assessment as to'' and inserted in
lieu thereof ``take into account''.
\225\ Sec. 1225(a)(2)(B) of the Foreign Affairs Agencies
Consolidation Act of 1998 (division G, subdivision A of Public Law 105-
277; 112 Stat. 2681) struck out `` The Director of the Arms Control and
Disarmament Agency is authorized, whenever the Director determines that
the issuance of an export license under this section would be
detrimental to the national security of the United States, to recommend
to the President that such export license be disapproved.''.
Previously, sec. 714(a)(1) of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497),
amended and restated para. (2). The para. formerly read as follows:
``(2) Decisions on issuing export licenses under this section shall
be made in coordination with the director of the United States Arms
Control and Disarmament Agency and shall take into account the
Director's opinion as to whether the export of an article will
contribute to an arms race, support international terrorism, increase
the possibility of outbreak or escalation of conflict, or prejudice the
development of bilateral or multilateral arms control arrangements.''.
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(3) \226\ In exercising the authorities conferred by this
section, the President may require that any defense article or
defense service be sold under this Act as a condition of its
eligibility for export, and may require that persons engaged in
the negotiation for the export of defense articles and services
keep the President fully and currently informed of the progress
and future prospects of such negotiations.
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\226\ Sec. 107(c) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533, 94 Stat. 3136) added para.
(3).
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(b)(1)(A)(i) \227\ As prescribed in regulations issued
under this section, every person (other than an officer or
employee of the United States Government acting in an official
capacity) who engages in the business of manufacturing,
exporting, or importing any defense articles or defense
services designated by the President under subsection (a)(1)
shall register with the United States Government agency charged
with the administration of this section, and shall pay a
registration fee which shall be prescribed by such regulations.
Such regulations shall prohibit the return to the United States
for sale in the United States (other than for the Armed Forces
of the United States and its allies or for any State for local
law enforcement agency) of any military firearms or ammunition
of United States manufacture furnished to foreign governments
by the United States under this Act or any other foreign
assistance or sales program of the United States, whether or
not enhanced in value or improved in condition in a foreign
country. This prohibition shall not extend to similar firearms
that have been so substantially transformed as to become, in
effect, articles of foreign manufacture.
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\227\ Sec. 151(a) of Public Law 104-164 (110 Stat. 1437) added
clause designation ``(i)'' and added clause (ii).
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(ii) \228\ (I) As prescribed in regulations issued under
this section, every person (other than an officer or employee
of the United States Government acting in official capacity)
who engages in the business of brokering activities with
respect to the manufacture, export, import, or transfer of any
defense article or defense service designated by the President
under subsection (a)(1), or in the business of brokering
activities with respect to the manufacture, export, import, or
transfer of any foreign defense article or defense service (as
defined in subclause (IV)), shall register with the United
States Government agency charged with the administration of
this section, and shall pay a registration fee which shall be
prescribed by such regulations.
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\228\ Sec. 151(a)(2) of Public Law 104-164 (110 Stat. 1437) added
clause (ii). Subsec. (b) (22 U.S.C. 2778 note) of that section
provided: ``Section 38(b)(1)(A)(ii) of the Arms Export Control Act, as
added by subsection (a), shall apply with respect to brokering
activities engaged in beginning on or after 120 days after the
enactment of this Act.''.
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(II) Such brokering activities shall include the financing,
transportation, freight forwarding, or taking of any other
action that facilitates the manufacture, export, or import of a
defense article or defense service.
(III) No person may engage in the business of brokering
activities described in subclause (I) without a license, issued
in accordance with this Act, except that no license shall be
required for such activities undertaken by or for an agency of
the United States Government--
(aa) for use by an agency of the United States
Government; or
(bb) for carrying out any foreign assistance or sales
program authorized by law and subject to the control of
the President by other means.
(IV) For purposes of this clause, the term ``foreign
defense article or defense service'' includes any non-United
States defense article or defense service of a nature described
on the United States Munitions List regardless of whether such
article or service is of United States origin or whether such
article or service contains United States origin components.
(B) \229\ A copy of each registration made under this
paragraph shall be transmitted to the Secretary of the Treasury
for review regarding law enforcement concerns. The Secretary
shall report to the President regarding such concerns as
necessary.
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\229\ Sec. 1255(b) of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1431) added
the first subpara. (B). The second subpara. (B), which should probably
have been designated subpara. (C) was added by sec. 8142(a) of the
Department of Defense Appropriations Act, 1988 (sec. 101(b) of the
Continuing Appropriations for 1988, Public Law 100-202; 101 Stat. 1329-
88).
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(B) \229\ The prohibition under such regulations required
by the second sentence of subparagraph (A) shall not extend to
any military firearms (or ammunition, components, parts,
accessories, and attachments for such firearms) of United
States manufacture furnished to any foreign government by the
United States under this Act or any other foreign assistance or
sales program of the United States if--
(i) such firearms are among those firearms that the
Secretary of the Treasury is, or was at any time,
required to authorize the importation of by reason of
the provisions of section 925(e) of title 18, United
States Code (including the requirement for the listing
of such firearms as curios or relics under section
921(a)(13) of that title); and
(ii) such foreign government certifies to the United
States Government that such firearms are owned by such
foreign government.
(2) Except as otherwise specifically provided in
regulations issued under subsection (a)(1), no defense articles
or defense services designated by the President under
subsection (a)(1) may be exported or imported without a license
for such export or import, issued in accordance with this Act
and regulations issued under this Act, except that no license
shall be required for exports or imports made by or for an
agency of the United States Government (A) for official use by
a department or agency of the United States Government, or (B)
for carrying out any foreign assistance or sales program
authorized by law and subject to the control of the President
by other means.
(3) \230\ (A) For each of the fiscal years 1988 and 1989,
$250,000 of registration fees collected pursuant to paragraph
(1) shall be credited to a Department of State account, to be
available without fiscal year limitation. Fees credited to that
account shall be available only for the payment of expenses
incurred for--
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\230\ Sec. 1255(c) of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1431), added
para. (3). The original para. (3), as amended by sec. 21 of Public Law
96-92 (93 Stat. 710) and sec. 107(a) of Public Law 96-533 (94 Stat.
3136), was repealed by sec. 106 of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1522).
Para. (3) had stipulated that no license could be issued under this Act
for the export of any major defense equipment sold under contract in
the amount of $100,000,000 or more (exceptions were provided for NATO
members, Australia, Japan, New Zealand, countries participating in co-
production arrangements).
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(i) contract personnel to assist in the evaluation of
munitions control license applications, reduce
processing time for license applications, and improve
monitoring of compliance with the terms of licenses;
and
(ii) the automation of munitions control functions
and the processing of munitions control license
applications, including the development, procurement,
and utilization of computer equipment and related
software.
(B) The authority of this paragraph may be exercised only to
such extent or in such amounts as are provided in advance in
appropriation Acts.
(c) Any person who willfully violates any provision of this
section or section 39, or any rule or regulation issued under
either section, or who willfully, in a registration or license
application or required report, makes any untrue statement of a
material fact or omits to state a material fact required to be
stated therein or necessary to make the statements therein not
misleading, shall upon conviction be fined for each violation
not more than $1,000,000,\231\ or imprisoned not more than ten
years, or both.
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\231\ Sec. 119(a) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 203) raised the
amount of the fine to $1,000,000; added the limitation ``for each
violation''; and raised the period of imprisonment from two to ten
years. Previously the fine was ``not more than $100,000''.
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(d) \232\ * * * [Repealed--1979]
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\232\ Subsec. (d), which specified that sec. 38 would apply to and
within the Canal Zone, was repealed by sec. 3303(a)(4) of the Panama
Canal Act of 1979 (Public Law 96-70; 93 Stat. 499).
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(e) In carrying out functions under this section with
respect to the export of defense articles and defense services,
the President is authorized to exercise the same powers
concerning violations and enforcement which are conferred upon
departments, agencies and officials by subsections (c), (d),
(e), and (g) of section 11 of the Export Administration Act of
1979, and by subsections (a) and (c) of section 12 of such
Act,\233\ subject to the same terms and conditions as are
applicable to such powers under such Act, except that section
11(c)(2)(B) of such Act shall not apply, and instead, as
prescribed in regulations issued under this section, the
Secretary of State may assess civil penalties for violations of
this Act and regulations prescribed thereunder and further may
commence a civil action to recover such civil penalties, and
except further that \234\ the names of the countries and the
types and quantities of defense articles for which licenses are
issued under this section shall not be withheld from public
disclosure unless the President determines that the release of
such information would be contrary to the national
interest.\235\ Nothing in this subsection shall be construed as
authorizing the withholding of information from the Congress.
Notwithstanding section 11(c) of the Export Administration Act
of 1979, the civil penalty for each violation involving
controls imposed on the export of defense articles and defense
services under this section may not exceed $500,000.\236\
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\233\ Sec. 22(a) of Public Law 96-72 (93 Stat. 535) inserted
references to various sections of the Export Administration Act of 1979
in lieu of references to secs. 6 and 7 of the Export Administration Act
of 1969.
\234\ Sec. 1303 of the Arms Control, Nonproliferation, and Security
Assistance Act of 1999 (division B of the Admiral James W. Nance and
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law
106-113; 113 Stat. 1536)) added ``section 11(c)(2)(B) of such Act shall
not apply, and instead, as prescribed in regulations issued under this
section, the Secretary of State may assess civil penalties for
violations of this Act and regulations prescribed thereunder and
further may commence a civil action to recover such civil penalties,
and except further that'' to secs. 38(e), 39A(c), and 40(k) of this
Act.
\235\ Sec. 156 of Public Law 104-164 (110 Stat. 1440) added ``,
except that the names of the countries and the types and quantities of
defense articles for which licenses are issued under this section shall
not be withheld from public disclosure unless the President determines
that the release of such information would be contrary to the national
interest''.
\236\ Sec. 119(b) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 204) added the last
sentence.
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(f) \237\ (1) The President shall periodically review the
items on the United States Munitions List to determine what
items, if any, no longer warrant export controls under this
section. The results of such reviews shall be reported to the
Speaker of the House of Representatives and to the Committee on
Foreign Relations and the Committee on Banking, Housing, and
Urban Affairs of the Senate. The President may not remove any
item from the Munitions List until 30 days after the date on
which the President has provided notice of the proposed removal
to the Committee on International Relations of the House of
Representatives and to the Committee on Foreign Relations of
the Senate in accordance with the procedures applicable to
reprogramming notifications under section 634A(a) of the
Foreign Assistance Act of 1961. Such notice shall describe the
nature of any controls to be imposed on that item under any
other provision of law.\238\
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\237\ Sec. 107 of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1522) added
subsec. (f). Sec. 102(b) of the Security Assistance Act of 2000 (Public
Law 106-280; 114 Stat. 848) added para. designation ``(1)'' and added
paras. (2) and (3).
\238\ Sec. 1406 of the Security Assistance Act of 2002 (division B
of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1458) struck out ``Such a report shall be
submitted at least 30 days before any item is removed from the
Munitions List and shall describe the nature of any controls to be
imposed on that item under the Export Administration Act of 1979.'' and
inserted in lieu thereof ``The President may not remove any item from
the Munitions List until 30 days after the date on which the President
has provided notice of the proposed removal to the Committee on
International Relations of the House of Representatives and to the
Committee on Foreign Relations of the Senate in accordance with the
procedures applicable to reprogramming notifications under section
634A(a) of the Foreign Assistance Act of 1961. Such notice shall
describe the nature of any controls to be imposed on that item under
any other provision of law.''.
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(2) The President may not authorize an exemption for a
foreign country from the licensing requirements of this Act for
the export of defense items under subsection (j) or any other
provision of this Act until 30 days after the date on which the
President has transmitted to the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate a notification that includes--
(A) a description of the scope of the exemption,
including a detailed summary of the defense articles,
defense services, and related technical data covered by
the exemption; and
(B) a determination by the Attorney General that the
bilateral agreement concluded under subsection (j)
requires the compilation and maintenance of sufficient
documentation relating to the export of United States
defense articles, defense services, and related
technical data to facilitate law enforcement efforts to
detect, prevent, and prosecute criminal violations of
any provision of this Act, including the efforts on the
part of countries and factions engaged in international
terrorism to illicitly acquire sophisticated United
States defense items.
(3) Paragraph (2) shall not apply with respect to an
exemption for Canada from the licensing requirements of this
Act for the export of defense items.
(g) \239\ (1) The President shall develop appropriate
mechanisms to identify, in connection with the export licensing
process under this section--
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\239\ Sec. 1255 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1429), added subsec.
(g).
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(A) persons who are the subject of an indictment for,
or have been convicted of, a violation under--
(i) this section,
(ii) section 11 of the Export Administration
Act of 1979 (50 U.S.C. App. 2410),
(iii) section 793, 794, or 798 of title 18,
United States Code (relating to espionage
involving defense or classified information) or
section 2339A of such title (relating to
providing material support to terrorists),\240\
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\240\ Sec. 1304 of the Arms Control, Nonproliferation, and Security
Assistance Act of 1999 (division B of the Admiral James W. Nance and
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law
106-113; 113 Stat. 1536)) added ``or section 2339A of such title
(relating to providing material support to terrorists)''.
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(iv) section 16 of the Trading with the Enemy
Act (50 U.S.C. App. 16),
(v) section 206 of the International
Emergency Economic Powers Act (relating to
foreign assets controls; 50 U.S.C. App. 1705),
(vi) section 30A of the Securities Exchange
Act of 1934 (15 U.S.C. 78dd1) or section 104 of
the Foreign Corrupt Practices Act (15 U.S.C.
78dd2),
(vii) chapter 105 of title 18, United States
Code (relating to sabotage),
(viii) section 4(b) of the Internal Security
Act of 1950 (relating to communication of
classified information; 50 U.S.C. 783(b)),
(ix) section 57, 92, 101, 104, 222, 224, 225,
or 226 of the Atomic Energy Act of 1954 (42
U.S.C. 2077, 2122, 2131, 2134, 2272, 2274,
2275, and 2276),
(x) section 601 of the National Security Act
of 1947 (relating to intelligence identities
protection; 50 U.S.C. 421),
(xi) section 603 (b) or (c) of the
Comprehensive Anti-Apartheid Act of 1986 (22
U.S.C. 5113 (b) and (c)); or
(xii) \241\ section 3, 4, 5, and 6 of the
Prevention of Terrorist Access to Destructive
Weapons Act of 2004, relating to missile
systems designed to destroy aircraft (18 U.S.C.
2332g), prohibitions governing atomic weapons
(42 U.S.C. 2122), radiological dispersal
devices (18 U.S.C. 2332h), and variola virus
(18 U.S.C. 175b);
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\241\ Sec. 6910 of the Prevention of Terrorist Access to
Destructive Weapons Act of 2004 (subtitle J of title VI of the
Intelligence Reform and Terrorism Prevention Act of 2004; Public Law
108-458; 118 Stat. 3774) struck out ``or'' at the end of clause (x),
added ``or'' at the end of clause (xi), and added new clause (xii).
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(B) persons who are the subject of an indictment or
have been convicted under section 371 of title 18,
United States Code, for conspiracy to violate any of
the statutes cited in subparagraph (A); and
(C) persons who are ineligible--
(i) to contract with,
(ii) to receive a license or other form of
authorization to export from, or
(iii) to receive a license or other form of
authorization to import defense articles or
defense services from,
any agency of the United States Government.
(2) The President shall require that each applicant for a
license to export an item on the United States Munitions List
identify in the application all consignees and freight
forwarders involved in the proposed export.
(3) If the President determines--
(A) that an applicant for a license to export under
this section is the subject of an indictment for a
violation of any of the statutes cited in paragraph
(1),
(B) that there is reasonable cause to believe that an
applicant for a license to export under this section
has violated any of the statutes cited in paragraph
(1), or
(C) that an applicant for a license to export under
this section is ineligible to contract with, or to
receive a license or other form of authorization to
import defense articles or defense services from, any
agency of the United States Government,
the President may disapprove the application. The President
shall consider requests by the Secretary of the Treasury to
disapprove any export license application based on these
criteria.
(4) A license to export an item on the United States
Munitions List may not be issued to a person--
(A) if that person, or any party to the export, has
been convicted of violating a statute cited in
paragraph (1), or
(B) if that person, or any party to the export, is at
the time of the license review ineligible to receive
export licenses (or other forms of authorization to
export) from any agency of the United States
Government,
except as may be determined on a case-by-case basis by the
President, after consultation with the Secretary of the
Treasury, after a thorough review of the circumstances
surrounding the conviction or ineligibility to export and a
finding by the President that appropriate steps have been taken
to mitigate any law enforcement concerns.
(5) A license to export an item on the United States
Munitions List may not be issued to a foreign person (other
than a foreign government).
(6) The President may require a license (or other form of
authorization) before any item on the United States Munitions
List is sold or otherwise transferred to the control or
possession of a foreign person or a person acting on behalf of
a foreign person.
(7) \242\ The President shall, in coordination with law
enforcement and national security agencies, develop standards
for identifying high-risk exports for regular end-use
verification. These standards shall be published in the Federal
Register and the initial standards shall be published not later
than October 1, 1988.
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\242\ Sometimes referred to as the ``Blue Lantern Program''.
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(8) Upon request of the Secretary of State, the Secretary of
Defense and the Secretary of the Treasury shall detail to the
office primarily responsible for export licensing functions
under this section, on a nonreimbursable basis, personnel with
appropriate expertise to assist in the initial screening of
applications for export licenses under this section in order to
determine the need for further review of those applications for
foreign policy, national security, and law enforcement
concerns.
(9) For purposes of this subsection--
(A) the term ``foreign corporation'' means a
corporation that is not incorporated in the United
States;
(B) the term ``foreign government'' includes any
agency or subdivision of a foreign government,
including an official mission of a foreign government;
(C) the term ``foreign person'' means any person who
is not a citizen or national of the United States or
lawfully admitted to the United States for permanent
residence under the Immigration and Nationality Act,
and includes foreign corporations, international
organizations, and foreign governments;
(D) the term ``party to the export'' means--
(i) the president, the chief executive
officer, and other senior officers of the
license applicant;
(ii) the freight forwarders or designated
exporting agent of the license application; and
(iii) any consignee or end user of any item
to be exported; and
(E) the term ``person'' means a natural person as
well as a corporation, business association,
partnership, society, trust, or any other entity,
organization, or group, including governmental
entities.
(h) \243\ The designation by the President (or by an
official to whom the President's functions under subsection (a)
have been duly delegated), in regulations issued under this
section, of items as defense articles or defense services for
purposes of this section shall not be subject to judicial
review.
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\243\ Sec. 6 of the Anti-Terrorism and Arms Export Amendments Act
of 1989 (Public Law 101-222; 103 Stat. 1899) added subsec. (h).
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(i) \244\ As prescribed in regulations issued under this
section, a United States person to whom a license has been
granted to export an item on the United States Munitions List
shall, not later than 15 days after the item is exported,
submit to the Department of State a report containing all
shipment information, including a description of the item and
the quantity, value, port of exit, and end-user and country of
destination of the item.
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\244\ Sec. 1302(a) of the Arms Control, Nonproliferation, and
Security Assistance Act of 1999 (division B of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
Public Law 106-113; 113 Stat. 1536)) added subsec. (i).
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(j) \245\ Requirements Relating to Country Exemptions for
Licensing of Defense Items for Export to Foreign Countries.--
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\245\ Sec. 102(a) of the Security Assistance Act of 2000 (Public
Law 106-280; 114 Stat. 846) added subsec. (j).
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(1) Requirement for bilateral agreement.--
(A) In general.--The President may utilize
the regulatory or other authority pursuant to
this Act to exempt a foreign country from the
licensing requirements of this Act with respect
to exports of defense items only if the United
States Government has concluded a binding
bilateral agreement with the foreign country.
Such agreement shall--
(i) meet the requirements set forth
in paragraph (2); and
(ii) be implemented by the United
States and the foreign country in a
manner that is legally-binding under
their domestic laws.
(B) Exception.--The requirement to conclude a
bilateral agreement in accordance with
subparagraph (A) shall not apply with respect
to an exemption for Canada from the licensing
requirements of this Act for the export of
defense items.
(2) Requirements of bilateral agreement.--A bilateral
agreement referred to paragraph (1)--
(A) shall, at a minimum, require the foreign
country, as necessary, to revise its policies
and practices, and promulgate or enact
necessary modifications to its laws and
regulations to establish an export control
regime that is at least comparable to United
States law, regulation, and policy requiring--
(i) conditions on the handling of all
United States-origin defense items
exported to the foreign country,
including prior written United States
Government approval for any reexports
to third countries;
(ii) end-use and retransfer control
commitments, including securing binding
end-use and retransfer control
commitments from all end-users,
including such documentation as is
needed in order to ensure compliance
and enforcement, with respect to such
United States-origin defense items;
(iii) establishment of a procedure
comparable to a ``watchlist'' (if such
a watchlist does not exist) and full
cooperation with United States
Government law enforcement agencies to
allow for sharing of export and import
documentation and background
information on foreign businesses and
individuals employed by or otherwise
connected to those businesses; and
(iv) establishment of a list of
controlled defense items to ensure
coverage of those items to be exported
under the exemption; and
(B) should, at a minimum, require the foreign
country, as necessary, to revise its policies
and practices, and promulgate or enact
necessary modifications to its laws and
regulations to establish an export control
regime that is at least comparable to United
States law, regulation, and policy regarding--
(i) controls on the export of
tangible or intangible technology,
including via fax, phone, and
electronic media;
(ii) appropriate controls on
unclassified information relating to
defense items exported to foreign
nationals;
(iii) controls on international arms
trafficking and brokering;
(iv) cooperation with United States
Government agencies, including
intelligence agencies, to combat
efforts by third countries to acquire
defense items, the export of which to
such countries would not be authorized
pursuant to the export control regimes
of the foreign country and the United
States; and
(v) violations of export control
laws, and penalties for such
violations.
(3) Advance certification.--Not less than 30 days
before authorizing an exemption for a foreign country
from the licensing requirements of this Act for the
export of defense items, the President shall transmit
to the Committee on International Relations of the
House of Representatives and the Committee on Foreign
Relations of the Senate a certification that--
(A) the United States has entered into a
bilateral agreement with that foreign country
satisfying all requirements set forth in
paragraph (2);
(B) the foreign country has promulgated or
enacted all necessary modifications to its laws
and regulations to comply with its obligations
under the bilateral agreement with the United
States; and
(C) the appropriate congressional committees
will continue to receive notifications pursuant
to the authorities, procedures, and practices
of section 36 of this Act for defense exports
to a foreign country to which that section
would apply and without regard to any form of
defense export licensing exemption otherwise
available for that country.
(4) Definitions.--In this section:
(A) Defense items.--The term ``defense
items'' means defense articles, defense
services, and related technical data.
(B) Appropriate congressional committees.--
The term ``appropriate congressional
committees'' means--
(i) the Committee on International
Relations and the Committee on
Appropriations of the House of
Representatives; and
(ii) the Committee on Foreign
Relations and the Committee on
Appropriations of the Senate.
Sec. 39.\246\ Fees of Military Sales Agents and Other
Payments.--(a) In accordance with such regulations as he may
prescribe, the Secretary of State shall require adequate and
timely reporting on political contributions, gifts, commissions
and fees paid, or offered or agreed to be paid, by any person
in connection with--
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\246\ 22 U.S.C. 2779. Sec. 604(b) of the International Security
Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90
Stat. 767) added sec. 39. Sec. 604(c) of the same Act stated that this
amendment ``shall take effect sixty days after the date of enactment of
this Act'' (August 29, 1976).
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(1) sales of defense articles or defense services
under section 22, or of design and construction
services under section 29 \247\ of this Act; or
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\247\ Sec. 105(e)(2)(A) of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3135)
added the reference to design and construction services under sec. 29.
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(2) commercial sales of defense articles or defense
services licensed or approved under section 38 of this
Act;
to or for the armed forces of a foreign country or
international organization in order to solicit, promote, or
otherwise to secure the conclusion of such sales. Such
regulations shall specify the amounts and the kinds of
payments, offers, and agreements to be reported, and the form
and timing of reports, and shall require reports on the names
of sales agents and other persons receiving such payments. The
Secretary of State shall by regulation require such
recordkeeping as he determines is necessary.
(b) The President may, by regulation, prohibit, limit, or
prescribe conditions with respect to such contributions, gifts,
commissions, and fees as he determines will be in furtherance
of the purposes of this Act.
(c) No such contribution, gift, commission, or fee may be
included, in whole or in part, in the amount paid under any
procurement contract entered into under section 22 or section
29 \248\ of this Act, unless the amount thereof is reasonable,
allocable to such contract, and not made to a person who has
solicited, promoted, or otherwise secured such sale, or has
held himself out as being able to do so, through improper
influence. For the purposes of this section, ``improper
influence'' means influence, direct or indirect, which induces
or attempts to induce consideration or action by any employee
or officer of a purchasing foreign government or international
organization with respect to such purchase on any basis other
than such consideration of merit as are involved in comparable
United States procurements.
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\248\ Sec. 105(e)(2)(B) of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3155)
added the reference to sec. 29.
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(d)(1) All information reported to the Secretary of State
and all records maintained by any person pursuant to
regulations prescribed under this section shall be available,
upon request, to any standing committee of the Congress or any
subcommittee thereof and to any agency of the United States
Government authorized by law to have access to the books and
records of the person required to submit reports or to maintain
records under this section.
(2) Access by an agency of the United States Government to
records maintained under this section shall be on the same
terms and conditions which govern the access by such agency to
the books and records of the person concerned.
SEC. 39A.\249\ PROHIBITION ON INCENTIVE PAYMENTS.
(a) No United States supplier of defense articles or
services sold or licensed \250\ under this Act, nor any
employee, agent, or subcontractor thereof, shall, with respect
to the sale or export \251\ of any such defense article or
defense service to a foreign country, make any incentive
payments for the purpose of satisfying, in whole or in part,
any offset agreement with that country.
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\249\ 22 U.S.C. 2779a. Sec. 733 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
Stat. 504), added sec. 39A. Functions in this section are delegated to
the Under Secretary of State for International Security Affairs
(Department of State Public Notice 2086; Delegation of Authority No.
214; 59 F.R. 50790).
\250\ Sec. 1246(a)(1) of the Defense Offsets Disclosure Act of 1999
(title XII, subtitle D of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
113 Stat. 1536)) inserted ``or licensed'' after ``sold''.
\251\ Sec. 1246(a)(2) of the Defense Offsets Disclosure Act of 1999
(title XII, subtitle D of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
113 Stat. 1536)) inserted ``or export'' after ``sale''.
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(b) Any person who violates the provisions of this section
shall be subject to the imposition of civil penalties as
provided for in this section.
(c) In the enforcement of this section, the President is
authorized to exercise the same powers concerning violations
and enforcement and imposition of civil penalties which are
conferred upon departments, agencies and officials by
subsections (c), (d), (e), and (f) of section 11 of the Export
Administration Act of 1979 and section 12(a) of such Act,
subject to the same terms and conditions as are applicable to
such powers under that Act, except that section 11(c)(2)(B) of
such Act shall not apply, and instead, as prescribed in
regulations issued under this section, the Secretary of State
may assess civil penalties for violations of this Act and
regulations prescribed thereunder and further may commence a
civil action to recover such civil penalties, and except
further that \252\ notwithstanding section 11(c) of that Act,
the civil penalty for each violation of this section may not
exceed $500,000 or five times the amount of the prohibited
incentive payment, whichever is greater.
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\252\ Sec. 1303 of the Arms Control, Nonproliferation, and Security
Assistance Act of 1999 (division B of the Admiral James W. Nance and
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law
106-113; 113 Stat. 1536) added ``section 11(c)(2)(B) of such Act shall
not apply, and instead, as prescribed in regulations issued under this
section, the Secretary of State may assess civil penalties for
violations of this Act and regulations prescribed thereunder and
further may commence a civil action to recover such civil penalties,
and except further that'' to secs. 38(e), 39A(c), and 40(k) of this
Act.
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(d) For purposes of this section--
(1) the term ``offset agreement'' means an agreement,
arrangement, or understanding between a United States
supplier of defense articles or defense services and a
foreign country under which the supplier agrees to
purchase or acquire, or to promote the purchase or
acquisition by other United States persons of, goods or
services produced, manufactured, grown, or extracted,
in whole or in part, in that foreign country in
consideration for the purchase by the foreign country
of defense articles or defense services from the
supplier;
(2) the term ``incentive payments'' means direct
monetary compensation made by a United States supplier
of defense articles or defense services or by any
employee, agent or subcontractor thereof to any other
United States person to induce or persuade that United
States person to purchase or acquire goods or services
produced, manufactured, grown, or extracted, in whole
or in part, in the foreign country which is purchasing
those defense articles or services from the United
States supplier; and
(3) the term ``United States person'' means--
(A) an individual who is a national or
permanent resident alien of the United States;
and
(B) any corporation, business association,
partnership, trust, or other juridical entity--
(i) organized under the laws of the
United States or any State, the
District of Columbia, or any territory
or possession of the United States; or
(ii) owned or controlled in fact by
individuals described in subparagraph
(A) or by an entity described in clause
(i).\253\
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\253\ Sec. 1246(b) of the Defense Offsets Disclosure Act of 1999
(title XII, subtitle D of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
113 Stat. 1536)) inserted ``or by an entity described in clause (i)''
after ``subparagraph (A)''.
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Sec. 40.\254\ Transactions With Countries Supporting Acts
of International Terrorism.
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\254\ 22 U.S.C. 2780. See also 22 CFR Part 120-130. Sec. 509(a) of
Public Law 99-399 (100 Stat. 874) added sec. 40. It was amended and
restated by the Anti-Terrorism and Arms Export Amendments Act of 1989
(Public Law 101-222; 103 Stat. 1892). It previously read as follows:
``Sec. 40. Exports to Countries Supporting Acts of International
Terrorism.
``(a) Prohibition.--Except as provided in subsection (b), items on
the United States Munitions List may not be exported to any country
which the Secretary of State has determined, for purposes of section
6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)(A)), has repeatedly provided support for acts of
international terrorism.
``(b) Waiver.--The President may waive the prohibition contained in
subsection (a) in the case of a particular export if the President
determines that the export is important to the national interests of
the United States and submits to the Congress a report justifying that
determination and describing the proposed export. Any such waiver shall
expire at the end of 90 days after it is granted unless the Congress
enacts a law extending the waiver.''.
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(a) Prohibited Transactions by the United States
Government.--The following transactions by the United States
Government are prohibited:
(1) Exporting or otherwise providing (by sale, lease
or loan, grant, or other means), directly or
indirectly, any munitions item to a country described
in subsection (d) under the authority of this Act, the
Foreign Assistance Act of 1961, or any other law
(except as provided in subsection (h)). In implementing
this paragraph, the United States Government--
(A) shall suspend delivery to such country of
any such item pursuant to any such transaction
which has not been completed at the time the
Secretary of State makes the determination
described in subsection (d), and
(B) shall terminate any lease or loan to such
country of any such item which is in effect at
the time the Secretary of State makes that
determination.
(2) Providing credits, guarantees, or other financial
assistance under the authority of this Act, the Foreign
Assistance Act of 1961, or any other law (except as
provided in subsection (h)), with respect to the
acquisition of any munitions item by a country
described in subsection (d). In implementing this
paragraph, the United States Government shall suspend
expenditures pursuant to any such assistance obligated
before the Secretary of State makes the determination
described in subsection (d). The President may
authorize expenditures otherwise required to be
suspended pursuant to the preceding sentence if the
President has determined, and reported to the Congress,
that suspension of those expenditures causes undue
financial hardship to a supplier, shipper, or similar
person and allowing the expenditure will not result in
any munitions item being made available for use by such
country.
(3) Consenting under section 3(a) of this Act, under
section 505(a) of the Foreign Assistance Act of 1961,
under the regulations issued to carry out section 38 of
this Act, or under any other law (except as provided in
subsection (h)), to any transfer of any munitions item
to a country described in subsection (d). In
implementing this paragraph, the United States
Government shall withdraw any such consent, which is in
effect at the time the Secretary of State makes the
determination described in subsection (d), except that
this sentence does not apply with respect to any item
that has already been transferred to such country.
(4) Providing any license or other approval under
section 38 of this Act for any export or other transfer
(including by means of a technical assistance
agreement, manufacturing licensing agreement, or
coproduction agreement) of any munitions item to a
country described in subsection (d). In implementing
this paragraph, the United States Government shall
suspend any such license or other approval which is in
effect at the time the Secretary of State makes the
determination described in subsection (d), except that
this sentence does not apply with respect to any item
that has already been exported or otherwise transferred
to such country.
(5) Otherwise facilitating the acquisition of any
munitions item by a country described in subsection
(d). This paragraph applies with respect to activities
undertaken--
(A) by any department, agency, or other
instrumentality of the Government,
(B) by any officer or employee of the
Government (including members of the United
States Armed Forces), or
(C) by any other person at the request or on
behalf of the Government.
The Secretary of State may waive the requirements of the second
sentence of paragraph (1), the second sentence of paragraph
(3), and the second sentence of paragraph (4) to the extent
that the Secretary determines, after consultation with the
Congress, that unusual and compelling circumstances require
that the United States Government not take the actions
specified in that sentence.
(b) Prohibited Transactions by United States Persons.--
(1) In general.--A United States person may not take
any of the following actions:
(A) Exporting any munitions item to any
country described in subsection (d).
(B) Selling, leasing, loaning, granting, or
otherwise providing any munitions item to any
country described in subsection (d).
(C) Selling, leasing, loaning, granting, or
otherwise providing any munitions item to any
recipient which is not the government of or a
person in a country described in subsection (d)
if the United States person has reason to know
that the munitions item with be made available
to any country described in subsection (d).
(D) Taking any other action which would
facilitate the acquisition, directly or
indirectly, of any munitions item by the
government of any country described in
subsection (d), or any person acting on behalf
of that government, if the United States person
has reason to know that that action will
facilitate the acquisition of that item by such
a government or person.
(2) Liability for actions of foreign subsidiaries,
etc.--A United State person violates this subsection if
a corporation or other person that is controlled in
fact by that United States person (as determined under
regulations, which the President shall issue), takes an
action described in paragraph (1) outside the United
States.
(3) Applicability to actions outside the united
states.--Paragraph (1) applies with respect to actions
described in that paragraph which are taken either
within or outside the United States by a United States
person described in subsection (l)(3)(A) or (B). To the
extent provided in regulations issued under subsection
(l)(3)(D), paragraph (1) applies with respect to
actions described in that paragraph which are taken
outside the United State by a person designated as a
United States person in those regulations.
(c) Transfers to Governments and Persons Covered.--This
section applies with respect to--
(1) the acquisition of munitions items by the
government of a country described in subsection (d);
and
(2) the acquisition of munitions items by any
individual, group, or other person within a country
described in subsection (d), except to the extent that
subparagraph (D) of subsection (b)(1) provides
otherwise.
(d) \255\ Countries Covered by Prohibition.--The
prohibitions contained in this section apply with respect to a
country if the Secretary of State determines that the
government of that country has repeatedly provided support for
acts of international terrorism. For purposes of this
subsection, such acts shall include all activities that the
Secretary determines willfully aid or abet the international
proliferation of nuclear explosive devices to individuals or
groups,\256\ willfully aid or abet an individual or groups in
acquiring unsafeguarded special nuclear material, or willingly
aid or abet the efforts of an individual or group to use,
develop, produce, stockpile, or otherwise acquire chemical,
biological, or radiological weapons.\257\
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\255\ Secs. 7021 and 7022 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2009 (division H
of Public Law 111-8; 123 Stat. 869), provide the following:
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``prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
---------------------------------------------------------------------------
``Sec. 7021. (a) None of the funds appropriated or otherwise made
available by titles III through VI of this Act may be available to any
foreign government which provides lethal military equipment to a
country the government of which the Secretary of State has determined
is a government that supports international terrorism for purposes of
section 6(j) of the Export Administration Act of 1979. The prohibition
under this section with respect to a foreign government shall terminate
12 months after that government ceases to provide such military
equipment. This section applies with respect to lethal military
equipment provided under a contract entered into after October 1, 1997.
``(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that
furnishing such assistance is important to the national interests of
the United States.
``(c) Whenever the President makes a determination pursuant to
subsection (b), the President shall submit to the appropriate
congressional committees a report with respect to the furnishing of
such assistance. Any such report shall include a detailed explanation
of the assistance to be provided, including the estimated dollar amount
of such assistance, and an explanation of how the assistance furthers
United States national interests.
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``prohibition on bilateral assistance to terrorist countries
---------------------------------------------------------------------------
``Sec. 7022. (a) Funds appropriated for bilateral assistance under
any heading in titles III through VI of this Act and funds appropriated
under any such heading in a provision of law enacted prior to the
enactment of this Act, shall not be made available to any country which
the President determines--
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``(1) grants sanctuary from prosecution to any individual or group which
has committed an act of international terrorism; or
``(2) otherwise supports international terrorism.
---------------------------------------------------------------------------
``(b) The President may waive the application of subsection (a) to
a country if the President determines that national security or
humanitarian reasons justify such waiver. The President shall publish
each waiver in the Federal Register and, at least 15 days before the
waiver takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.''.
In prior years, this section referred to sec. 40(d) of the Arms
Export Control Act where it currently cites sec. 6(j) of the Export
Administration Act of 1979. Governments of countries designated as
supporters of acts of international terrorism under sec. 6(j) of the
Export Administration Act of 1979 currently include: Cuba, Iran, Sudan,
and Syria.
On June 26, 2008, the President determined and certified that ``the
Government of North Korea has not provided any support for
international terrorism during the preceding 6-month period; and the
Government of North Korea has provided assurances that it will not
support acts of international terrorism in the future. This
certification shall also satisfy the provisions of section 620A(c)(2)
of the Foreign Assistance Act of 1961, Public Law 87-195, as amended
(22 U.S.C. 2371(c)), and section 40(f)(1)(B) of the Arms Export Control
Act, Public Law 90-629, as amended (22 U.S.C. 2780(f)).'' (Presidential
Memorandum of June 26, 2008; 73 F.R. 37351). On October 11, 2008, the
Secretary of State issued Department of State Public Notice 6415 (73
F.R. 63540), in which she rescinded ``the Determination of January 20,
1988, regarding North Korea'' relating to supporting of acts of
international terrorism.
On May 12, 2006, the President determined and certified similarly
for the Government of Libya (Presidential Determination No. 2006-14;
June 1, 2006; 71 F.R. 30551 and 71 F.R. 31909). On June 30, 2006, the
Secretary of State issued Department of State Public Notice 5464 (71
F.R. 39696), in which she rescinded ``the Determination of December 29,
1979 regarding Libya (Public Notice 1264)'' relating to supporting of
acts of international terrorism.
On October 7, 2004, the Secretary of State issued Department of
State Public Notice 4863 (69 F.R. 61702), in which he rescinded ``the
Determination of September 13, 1990 (Public Notice 1264) that Iraq is a
country which has repeatedly provided support for acts of international
terrorism. This action is a further step to cement the partnership of
the United States and Iraq in combating acts of international
terrorism, and is an act of symbolic importance to the new Iraqi
government. This rescission is appropriate although nearly all the
restrictions applicable to countries that have supported terrorism,
including the application of 22 U.S.C. 1605(a)(7), were made
inapplicable with respect to Iraq permanently in Presidential Directive
[sic] No. 2003-23 of May 7, 2003, pursuant to sec. 1503 of Pub. L. 108-
11, and as affirmed in the Conference Report for Pub. L. 108-106. This
rescission shall also satisfy the provisions of section 620A(c)(1) of
the Foreign Assistance Act of 1961, Pub. L. 87-195, as amended, and
section 40(f)(1)(A) of the Arms Export Control Act, Pub. L. 90-629, as
amended.''. On September 24, 2004, the President issued a similar
statement in Presidential Determination No. 2004-52 (69 F.R. 58793).
\256\ Sec. 1204(1) of the Security Assistance Act of 2002 (division
B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1427) struck out ``groups or'' and inserted in
lieu thereof ``groups,''.
\257\ Sec. 822(a)(2)(A) of the Nuclear Proliferation Prevention Act
of 1994 (title VIII of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995; Public Law 103-236; 108 Stat. 511), added the
sentence that begins ``For purposes of this subsection, * * *''. Sec.
1204(2) of the Security Assistance Act of 2002 (division B of the
Foreign Relations Authorization Act, Fiscal Year 2003; Public Law 107-
228; 116 Stat. 1427) added ``, or willingly aid or abet the efforts of
an individual or group to use, develop, produce, stockpile, or
otherwise acquire chemical, biological, or radiological weapons''.
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(e) Publication of Determinations.--Each determination of
the Secretary of State under subsection (d) shall be published
in the Federal Register.
(f) Rescission.--(1) \258\ A determination made by the
Secretary of State under subsection (d) may not be rescinded
unless the President submits to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign
Relations of the Senate--
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\258\ Sec. 321(3) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 710),
inserted new designation for para. (1), and sec. 321(4) added a new
para. (2).
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(A) \259\ before the proposed rescission would take
effect, a report certifying that--
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\259\ Sec. 321(2) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 710),
redesignated paras. (1) and (2), as subparas. (A) and (B),
respectively.
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(i) \260\ there has been a fundamental change
in the leadership and policies of the
government of the country concerned;
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\260\ Sec. 321(1) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 710),
redesignated ``subparagraphs (A), (B), and (C) of each of paragraphs
(1) and (2) as clauses (i), (ii), and (iii), respectively.''. Clause
(2), redesignated here as subpara. (B), however, has only two
subparas., redesignated here as (i) and (ii), from (A) and (B),
respectively.
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(ii) \260\ that government is not supporting
acts of international terrorism; and
(iii) \260\ that government has provided
assurances that it will not support acts of
international terrorism in the future; or
(B) \259\ at least 45 days before the proposed
rescission would take effect, a report justifying the
rescission and certifying that--
(i) \260\ the government concerned has not
provided any support for international
terrorism during the preceding 6-month period;
and
(ii) \260\ the government concerned has
provided assurances that it will not support
acts of international terrorism in the future.
(2) \258\ (A) No rescission under paragraph (1)(B) of a
determination under subsection (d) may be made if the Congress,
within 45 days after receipt of a report under paragraph
(1)(B), enacts a joint resolution the matter after the
resolving clause of which is as follows: ``That the proposed
rescission of the determination under section 40(d) of the Arms
Export Control Act pursuant to the report submitted to the
Congress on ________ is hereby prohibited.'', the blank to be
completed with the appropriate date.
(B) A joint resolution described in subparagraph (A) and
introduced within the appropriate 45-day period shall be
considered in the Senate and the House of Representatives in
accordance with paragraphs (3) through (7) of section 8066(c)
of the Department of Defense Appropriations Act (as contained
in Public Law 98-473),\261\ except that references in such
paragraphs to the Committees on Appropriations of the House of
Representatives and the Senate shall be deemed to be references
to the Committee on Foreign Affairs \262\ of the House of
Representatives and the Committee on Foreign Relations of the
Senate, respectively.
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\261\ Sec. 8066 of the Department of Defense Appropriations Act
(title VIII of the Continuing Appropriations, 1985; Public Law 98-473;
98 Stat. 1837 at 1935), placed restrictions on fiscal year 1985 funds
made available to the Central Intelligence Agency, the Department of
Defense, or any other agency or entity of the United States involved in
intelligence activities, which would have the effect of supporting,
directly or indirectly, military or paramilitary operations in
Nicaragua by any nation, group, organization, movement, or individual.
Subsec. (b) of that section allowed for the lifting of the prohibition
(1) if the President reported on certain criteria; and (2) if a joint
resolution approving assistance for military or paramilitary operations
in Nicaragua were to be enacted.
In particular subsec. (c), paras. (1) and (3) through (7), provided
the following [para. (1) included here because of repeated references
to it throughout paras. (3) through (7)]:
``(c)(1) For the purpose of subsection (b)(2), `joint resolution'
means only a joint resolution introduced after the date on which the
report of the President under subsection (b)(1) is received by the
Congress, the matter after the resolving clause of which is as follows:
`That the Congress approved the obligation and expenditure of funds
available for fiscal year 1985 for supporting, directly or indirectly,
military or paramilitary operations in Nicaragua.'.
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* * * * * * *
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``(3) A resolution described in paragraph (1) introduced in the
House of Representatives shall be referred to the Committee on
Appropriations of the House of Representatives. A resolution described
in paragraph (1) introduced in the Senate shall be referred to the
Committee on Appropriations of the Senate. Such a resolution may not be
reported before the eighth day after its introduction.
``(4) If the committee to which is referred a resolution described
in paragraph (1) has not reported such resolution (or an identical
resolution) at the end of fifteen calendar days after its introduction,
such committee shall be discharged from further consideration of such
resolution and such resolution shall be placed on the appropriate
calendar of the House involved.
``(5)(A) When the committee to which a resolution is referred has
reported, or has been deemed to be discharged (under paragraph (4))
from further consideration of, a resolution described in paragraph (1),
notwithstanding any rule or precedent of the Senate, including Rule 22,
it is at any time thereafter in order (even though a previous motion to
the same effect has been disagreed to) for any Member of the respective
House to move to proceed to the consideration of the resolution, and
all points of order against the resolution (and against consideration
of the resolution) are waived. The motion is highly privileged in the
House of Representatives and is privileged in the Senate and is not
debatable. The motion is not subject to amendment, or to a motion to
postpone, or to a motion to proceed to the consideration of other
business. A motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order. If a motion to proceed to the
consideration of the resolution is agreed to, the resolution shall
remain the unfinished business of the respective House until disposed
of.
``(B) Debate on the resolution, and on all debatable motions and
appeals in connection therewith, shall be limited to not more than ten
hours, which shall be divided equally between those favoring and those
opposing the resolution. A motion further to limit debate is in order
and not debatable. An amendment to, or a motion to postpone, or a
motion to proceed to the consideration of other business, or a motion
to proceed to the consideration of other business, or a motion to
recommit the resolution is not in order. A motion to reconsider the
vote by which the resolution is agreed to or disagreed to is not in
order.
``(C) Immediately following the conclusion of the debate on a
resolution described in paragraph (1), and a single quorum call at the
conclusion of the debate if requested in accordance with the rules of
the appropriate House, the vote on final passage of the resolution
shall occur.
``(D) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of Representatives,
as the case may be, to the procedure relating to a resolution described
in paragraph (1) shall be decided without debate.
``(6) If, before the passage by the Senate of a resolution of the
Senate described in paragraph (1), the Senate receives from the House
of Representatives a resolution described in paragraph (1), then the
following procedures shall apply:
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``(A) The resolution of the House of Representatives shall not be
referred to a committee.
``(B) With respect to a resolution described in paragraph (1) of the
Senate--
``(i) the procedure in the Senate shall be the same as if no resolution
had been received from the House; but
``(ii) the vote on final passage shall be on the resolution of the House.
``(C) Upon disposition of the resolution received from the House, it
shall no longer be in order to consider the resolution originated in the
Senate.
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``(7) If the Senate receives from the House of Representatives a
resolution described in paragraph (1) after the Senate has disposed of
a Senate originated resolution, the action of the Senate with regard to
the disposition of the Senate originated resolution shall be deemed to
be the action of the Senate with regard to the House originated
resolution.''.
\262\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(g) \263\ Waiver.--The President may waive the prohibitions
contained in this section with respect to a specific
transaction if--
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\263\ On April 25, 2007, the President waived the application of
sec. 40 for certain defense articles and services to be transferred to
Southern Sudan, determining ``that the transaction, encompassing U.S.
Government-funded transfers and commercial exports of defense articles
and services necessary for an SSR [Security Sector Reform] program for
the security sector of the Government of Southern Sudan, including
support for: transformation of the Sudan People's Liberation Army from
a guerrilla force into a smaller, conventional force; the Sudan
People's Liberation Movement; a protective service detail; policy
service, intelligence, and other law enforcement entities of the
Government of Southern Sudan; and private entities involved in the SSR
program, is essential to the national security interests of the United
States'' (Presidential Determination No. 2007-17; 72 F.R. 26281).
On August 28, 2006, the President waived the application of sec. 40
for certain defense articles and services to be transferred to Southern
Sudan, determining ``that the transaction, encompassing transfers of
defense articles and services, funded by United States Government
assistance, necessary for an SST [Security Sector Transformation]
program for the Government of Southern Sudan that will support
transformation of the Sudan People's Liberation Army from a guerrilla
force into a smaller, conventional force is essential to the national
security interests of the United States. Such transfers include the
provision of vehicles and communications equipment; power generation;
facilities construction/renovation; training and technical assistance;
recommendations for force structure, training, equipment,
infrastructure, and resource management; and other defense articles and
services in support of military reform in Southern Sudan, including
support to the Sudan People's Liberation Movement'' (Presidential
Determination No. 2006-22; 71 F.R. 53543).
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(1) the President determines that the transaction is
essential to the national security interests of the
United States; and
(2) not less than 15 days prior to the proposed
transaction, the President--
(A) consults with the Committee on Foreign
Affairs \262\ of the House of Representatives
and the Committee on Foreign Relations of the
Senate; and
(B) submits to the Speaker of the House of
Representatives and the chairman of the
Committee on Foreign Relations of the Senate a
report containing--
(i) the name of any country involved
in the proposed transaction, the
identity of any recipient of the items
to be provided pursuant to the proposed
transaction, and the anticipated use of
those items;
(ii) a description of the munitions
items involved in the proposed
transaction (including their market
value) and the actual sale price at
each step in the transaction (or if the
items are transferred by other than
sale, the manner in which they will be
provided);
(iii) the reasons why the proposed
transaction is essential to the
national security interests of the
United States and the justification for
such proposed transaction;
(iv) the date on which the proposed
transaction is expected to occur; and
(v) the name of every United States
Government department, agency, or other
entity involved in the proposed
transaction, every foreign government
involved in the proposed transaction,
and every private party with
significant participation in the
proposed transaction.
To the extent possible, the information specified in
subparagraph (B) of paragraph (2) shall be provided in
unclassified form, with any classified information provided in
an addendum to the report.
(h) Exemption for Transactions Subject to National Security
Act Reporting Requirements.--The prohibitions contained in this
section do not apply with respect to any transaction subject to
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 413 et seq.; relating to congressional
oversight of intelligence activities).
(i) Relation to Other Laws.--
(1) In general.--With regard to munitions items
controlled pursuant to this Act, the provisions of this
section shall apply notwithstanding any other
provisions of law, other than section 614(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2364(a)).
(2) Section 614(a) waiver authority.--If the
authority of section 614(a) of the Foreign Assistance
Act of 1961 is used to permit a transaction under that
Act or the Arms Export Control Act which is otherwise
prohibited by this section, the written policy
justification required by that section shall include
the information specified in subsection (g)(2)(B) of
this section.
(j) Criminal Penalty.--Any person who willfully violates
this section shall be fined for each violation not more than
$1,000,000, imprisoned not more than 10 years, or both.
(k) Civil Penalties; Enforcement.--In the enforcement of
this section, the President is authorized to exercise the same
powers concerning violations and enforcement which are
conferred upon departments, agencies, and officials by sections
11(c), 11(e), 11(g), and 12(a) of the Export Administration Act
of 1979 \264\ (subject to the same terms and conditions as are
applicable to such powers under that Act), except that section
11(c)(2)(B) of such Act shall not apply, and instead, as
prescribed in regulations issued under this section, the
Secretary of State may assess civil penalties for violations of
this Act and regulations prescribed thereunder and further may
commence a civil action to recover such civil penalties, and
except further that,\265\ notwithstanding section 11(c) of that
Act, the civil penalty for each violation of this section may
not exceed $500,000.
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\264\ See Legislation on Foreign Relations Through 2008, vol. III,
sec. J.
\265\ Sec. 1303 of the Arms Control, Nonproliferation, and Security
Assistance Act of 1999 (division B of the Admiral James W. Nance and
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law
106-113; 113 Stat. 1536)) added ``section 11(c)(2)(B) of such Act shall
not apply, and instead, as prescribed in regulations issued under this
section, the Secretary of State may assess civil penalties for
violations of this Act and regulations prescribed thereunder and
further may commence a civil action to recover such civil penalties,
and except further that'' to secs. 38(e), 39A(c), and 40(k) of this
Act.
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(l) Definitions.--As used in this section--
(1) the term ``munitions item'' means any item
enumerated on the United States Munitions list (without
regard to whether the item is imported into or exported
from the United States);
(2) the term ``United States'', when used
geographically, means the several States, the District
of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and any
territory or possession of the United States; \266\
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\266\ Sec. 822(a)(2)(B) of the Nuclear Proliferation Prevention Act
of 1994 (title VIII of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995; Public Law 103-236; 108 Stat. 511), struck out
``and'' at the end of para. (2); struck out a period at the end of
para. (3), and inserted in lieu thereof a semicolon; and added new
paras. (4) and (5).
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(3) the term ``United States person'' means--
(A) any citizen or permanent resident alien
of the United States;
(B) any sole proprietorship, partnership,
company, association, or corporation having its
principal place of business within the United
States or organized under the laws of the
United States, any State, the District of
Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,
or any territory or possession of the United
States;
(C) any other person with respect to that
person's actions while in the United States;
and
(D) to the extent provided in regulations
issued by the Secretary of state, any person
that is not described in subparagraph (A), (B),
or (C) but--
(i) is a foreign subsidiary or
affiliate of a United States person
described in subparagraph (B) and is
controlled in fact by that United
States person (as determined in
accordance with those regulations), or
(ii) is otherwise subject to the
jurisdiction of the United States
with respect to that person's actions while
outside the United States;
(4) \266\ the term ``nuclear explosive device'' has
the meaning given that term in section 830(4) of the
Nuclear Proliferation Prevention Act of 1994; and
(5) \266\ the term ``unsafeguarded special nuclear
material'' has the meaning given that term in section
830(8) of the Nuclear Proliferation Prevention Act of
1994.
Sec. 40A.\267\ Transactions With Countries Not Fully
Cooperating With United States Antiterrorism Efforts.--
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\267\ 22 U.S.C. 2781. Sec. 330 of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1258) added
this sec. 40A. Sec. 150(a) of Public Law 104-164 (110 Stat. 1436) also
added a sec. 40A, relating to end-use monitoring of defense articles
and defense services.
On May 14, 2008, the Deputy Secretary of State determined and
certified, as is done annually, ``that the following countries are not
cooperating fully with United States antiterrorism efforts: Cuba;
Eritrea; Iran; North Korea; Syria; Venezuela. I hereby notify that the
decision to retain the certification of North Korea pursuant to Section
40A of the Arms Export Control Act comes during an ongoing review of
the designation of North Korea as a state sponsor of terrorism. The
outcome of this review may warrant a re-assessment of whether North
Korea should be included among the Countries certified as not
cooperating fully with the United States antiterrorism efforts.''
(Department of State Public Notice 6232; 73 F.R. 229173). The first
annual list promulgated under this section, in 1997, also included
Afghanistan, Iraq, and Sudan. A country might be added or removed in an
interim measure; the following additions and removals reflect only the
annual determination. Afghanistan was removed from the list effective
2002. Iraq was removed from the list in 2003. Sudan was removed from
the list in 2004. Libya was removed in 2006. Venezuela was added in
2007. Eritrea was added effective 2008.
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(a) Prohibited Transactions.--No defense article or defense
service may be sold or licensed for export under this Act in a
fiscal year to a foreign country that the President determines
and certifies to Congress, by May 15 of the calendar year in
which that fiscal year begins, is not cooperating fully with
United States antiterrorism efforts.
(b) Waiver.--The President may waive the prohibition set
forth in subsection (a) with respect to a specific transaction
if the President determines that the transaction is important
to the national interests of the United States.
Chapter 3A--END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES
\268\
SEC. 40A.\269\ END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE
SERVICES.
(a) Establishment of Monitoring Program.--
(1) In general.--In order to improve accountability
with respect to defense articles and defense services
sold, leased, or exported under this Act or the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the
President shall establish a program which provides for
the end-use monitoring of such articles and services.
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\268\ Sec. 150(a) of Public Law 104-164 (110 Stat. 1436) added
chapter 3A.
\269\ 22 U.S.C. 2785. Added by sec. 150(a) of Public Law 104-164
(110 Stat. 1436). Sec. 330 of the Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1258) added another
sec. 40A, relating to transactions with countries not fully cooperating
with U.S. antiterrorism efforts.
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(2) Requirements of program.--To the extent
practicable, such program--
(A) shall provide for the end-use monitoring
of defense articles and defense services in
accordance with the standards that apply for
identifying high-risk exports for regular end-
use verification developed under section
38(g)(7) of this Act (commonly referred to as
the ``Blue Lantern'' program); and
(B) shall be designed to provide reasonable
assurance that--
(i) the recipient is complying with
the requirements imposed by the United
States Government with respect to use,
transfers, and security of defense
articles and defense services; and
(ii) such articles and services are
being used for the purposes for which
they are provided.
(b) Conduct of Program.--In carrying out the program
established under subsection (a), the President shall ensure
that the program--
(1) provides for the end-use verification of defense
articles and defense services that incorporate
sensitive technology, defense articles and defense
services that are particularly vulnerable to diversion
or other misuse, or defense articles or defense
services whose diversion or other misuse could have
significant consequences; and
(2) prevents the diversion (through reverse
engineering or other means) of technology incorporated
in defense articles.
(c) Report to Congress.--Not later than 6 months after the
date of the enactment of this section, and annually thereafter
as a part of the annual congressional presentation documents
submitted under section 634 of the Foreign Assistance Act of
1961, the President shall transmit to the Congress a report
describing the actions taken to implement this section,
including a detailed accounting of the costs and number of
personnel associated with the monitoring program.
(d) Third Country Transfers.--For purposes of this section,
defense articles and defense services sold, leased, or exported
under this Act or the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) includes defense articles and defense services
that are transferred to a third country or other third party
and the numbers, range, and finding of end-use monitoring of
United States transfers of small arms and light weapons.\270\
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\270\ Sec. 1205(b) of the Security Assistance Act of 2002 (division
B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1458) inserted ``and the numbers, range, and
finding of end-use monitoring of United States transfers of small arms
and light weapons''.
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Chapter 4--GENERAL, ADMINISTRATIVE, AND MISCELLANEOUS PROVISIONS
Sec. 41. Effective Date.--This Act shall take effect on
July 1, 1968.
Sec. 42.\271\ General Provisions.--(a) \272\ In carrying
out this Act, special emphasis shall be placed on procurement
in the United States, but, subject to the provisions of
subsection (b) of this section, consideration shall also be
given \273\ to coproduction or licensed production outside the
United States of defense articles of United States origin when
such production best serves the foreign policy, national
security, and economy of the United States. In evaluating any
sale proposed to be made pursuant to this Act, there shall be
taken into consideration (A) the extent to which the proposed
sale damages or infringes upon licensing arrangements whereby
United States entities have granted licenses for the
manufacture of the defense articles selected by the purchasing
country to entities located in friendly foreign countries,
which licenses result in financial returns to the United
States,\274\ (B) the portion of the defense articles so
manufactured which is of United States origin, and (C) \272\
whether, and the extent to which, such sale might contribute to
an arms race, aid in the development of weapons of mass
destruction, support international terrorism, increase the
possibility of outbreak or escalation of conflict, or prejudice
the development of bilateral or multilateral arms control or
nonproliferation agreements or other arrangements.
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\271\ 22 U.S.C. 2791. See also notes at section 38, regarding
Presidential Determinations.
\272\ Sec. 1225(a)(3) of the Foreign Affairs Agencies Consolidation
Act of 1998 (division G, subdivision A of Public Law 105-277; 112 Stat.
2681) struck out ``the assessment of the Director of the United States
Arms Control and Disarmament Agency as to'' in para. (1)(c); struck out
para. designation ``(1)'' after subsec. designation ``(a)''; and struck
out para. (2). Para. (2) had read as follows:
``(2) Any proposed sale made pursuant to this Act shall be approved
only after consultation with the Director of the United States Arms
Control and Disarmament Agency. The Director of the Arms Control and
Disarmament Agency is authorized, whenever the Director determines that
a sale under this section would be detrimental to the national security
of the United States, to recommend to the President that such sale be
disapproved.''.
Previously, sec. 714(a)(2) of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497),
added para. designation ``(1)''; redesignated clauses (1), (2), and (3)
as (A), (B), and (C), restated clause (C); and added para. (2). Clause
(C), as redesignated, formerly read as follows:
``(C) in coordination with the Director of the United States Arms
Control and Disarmament Agency, the Director's opinion as to the extent
to which such sale might contribute to an arms race, or increase the
possibility of outbreak or escalation of conflict, or prejudice the
development of bilateral or multilateral arms control arrangements.''.
\273\ Sec. 401(f)(1) of the FA Act of 1971 (Public Law 92-226)
struck out ``but consideration shall also be given'' and inserted in
lieu thereof ``but, subject to the provisions of subsection (b) of this
section, consideration shall also be given''.
\274\ Sec. 401(e) of the FA Act of 1971 (Public Law 92-226) struck
out the word ``and''.
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(b) \275\ No credit sale shall be extended under section
23, and no guarantee shall be issued under section 24, in any
case involving coproduction or licensed,\276\ production
outside the United States of any defense article of United
States origin unless the Secretary of State shall, in advance
of any such transaction, advise the appropriate committees of
the Congress and furnish the Speaker of the House of
Representatives and the President of the Senate with full
information regarding the proposed transaction, including, but
not limited to, a description of the particular defense article
or articles which would be produced under license or coproduced
outside the United States, the estimated value of such
production or coproduction, and the probable impact of the
proposed transaction on employment and production within the
United States.
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\275\ Sec. 401(f)(2) of the FA Act of 1971 (Public Law 92-226)
added subsec. (b) and redesignated former subsecs. (b) and (c) as
subsecs. (c) and (d), respectively.
\276\ Although the slip law contains a comma between ``licensed,
production'' in the first sentence, it should probably read ``licensed
production''.
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(c) \275\ Funds made available under this Act may be used
for procurement outside the United States only if the President
determines that such procurement will not result in adverse
effects upon the economy of the United States or the industrial
mobilization base, with special reference to any areas of labor
surplus or to the net position of the United States in its
balance of payments with the rest of the world, which outweigh
the economic or other advantages to the United States of less
costly procurement outside the United States.
(d) \274\ (1) With respect to sales and guaranties under
sections 21, 22, 23, 24, 29, and 30 \277\ the Secretary of
Defense shall, under the direction of the President, have
primary responsibility for--
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\277\ Sec. 105(e)(3) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3135) added the
reference to sec. 29. Sec. 2 of Public Law 97-392 (96 Stat. 1962) added
the reference to sec. 30.
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(A) the determination of military end-item
requirements;
(B) the procurement of military equipment in a manner
which permits its integration with service programs;
(C) the supervision of the training of foreign
military personnel;
(D) the movement and delivery of military end-items;
and
(E) within the Department of Defense, the performance
of any other functions with respect to sales and
guaranties.
(2) The establishment of priorities in the procurement,
delivery, and allocation of military equipment shall, under the
direction of the President, be determined by the Secretary of
Defense.
(e) \278\ (1) Each contract for sale entered into under
sections 21, 22, 29, and 30 \277\ of this Act, and each
contract entered into under section 27(d) of this Act,\279\
shall provide that such contract may be canceled in whole or in
part, or its execution suspended, by the United States at any
time under unusual or compelling circumstances if the national
interest so requires.
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\278\ Sec. 213 of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 745) added
subsec. (e).
\279\ Sec. 115(b)(3) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 210) added the
reference to sec. 27(d).
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(2)(A) Each export license issued under section 38 of this
Act shall provide that such license may be revoked, suspended,
or amended by the Secretary of State, without prior notice,
whenever the Secretary deems such action to be advisable.
(B) Nothing in this paragraph may be construed as limiting
the regulatory authority of the President under this Act.
(3) There are authorized to be appropriated from time to
time such sums as may be necessary (A) to refund moneys
received from purchasers under contracts of sale entered into
under sections 21, 22, 29, and 30 \277\ of this Act, or under
contracts entered into under sec. 27(d) of this Act,\279\ that
are canceled or suspended under this subsection to the extent
such moneys have previously been disbursed to private
contractors and United States Government agencies for work in
progress, and (B) to pay such damages and costs that accrue
from the corresponding cancellation or suspension of the
existing procurement contracts or United States Government
agency work orders involved.
(f) \280\ The President shall, to the maximum extent
possible and consistent with the purposes of this Act, use
civilian contract personnel in any foreign country to perform
defense services sold under this Act.
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\280\ Sec. 605(b) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 768) added
subsec. (f).
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Sec. 43.\281\ Administrative Expenses.--(a) Funds made
available under other law for the operations of United States
Government agencies carrying out functions under this Act shall
be available for the administrative expenses incurred by such
agencies under this Act.
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\281\ 22 U.S.C. 2792. Title IV of the Department of State. Foreign
Operations, and Related Programs Appropriations Act, 2009 (Public Law
111-8; 123 Stat. 855), provides the following:
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``foreign military financing program
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``* * * Provided further, That not more than $470,000,000 of funds
realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act
may be obligated for expenses incurred by the Department of Defense
during fiscal year 2009 pursuant to section 43(b) of the Arms Export
Control Act, except that this limitation may be exceeded only through
the regular notification procedures of the Committees on
Appropriations: * * *''.
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(b) \282\ Charges for administrative services calculated
under section 21(e)(1)(A) of this Act shall include recovery of
administrative expenses and official reception and
representation expenses \283\ incurred by any department or
agency of the United States Government, including any mission
or group thereof, in carrying out functions under this Act
when--
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\282\ Subsec. (b), as added by sec. 214 of the International
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 746), was amended and restated by sec. 7(d) of the
International Security Assistance Act of 1977 (Public Law 95-92; 91
Stat. 617).
\283\ Sec. 120(1) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 204) added the
reference to reception and representation expenses.
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(1) such functions are primarily for the benefit of
any foreign country;
(2) such expenses are not directly and fully charged
to, and reimbursed from amounts received for, sale of
defense services under section 21(a) of this Act; and
(3) \284\ such expenses are neither salaries of the
Armed Forces of the United States nor represent
unfunded estimated costs of civilian retirement and
other benefits.
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\284\ Sec. 9104(b)(1) of the Department of Defense Appropriations
Act, 1990 (Public Law 101-165; 103 Stat. 1152) added para. (3).
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(c) \285\ Not more than $86,500 of the funds derived from
charges for administrative services pursuant to section
21(e)(1)(A) of this Act may be used each fiscal year for
official reception and representation expenses.
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\285\ This subsec. (c) was added by sec. 120(2) of Public Law 99-83
(99 Stat. 204). Sec. 1203 of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1427) raised the limit from $72,500
to $86,500.
A previous subsec. (c), added by sec. 19(b) of the International
Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 709), was
repealed by sec. 734(a)(10) of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
The information previously contained in the annual report required by
subsec. (c) is now required by sec. 25(a)(6) of this Act.
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Sec. 44.\286\ Statutory Construction.--No provision of this
Act shall be construed as modifying in any way the provisions
of the Atomic Energy Act of 1954, as amended, or section 7307
of title 10 of the United States Code.
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\286\ 22 U.S.C. 2793.
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Sec. 45. Statutes Repealed and Amended.--(a) Sections 521,
522, 523, 524(b)(3), 525, 634(g), and 640 of the Foreign
Assistance Act of 1961, as amended, are hereby repealed.
(b) Part III of the Foreign Assistance Act of 1961, as
amended, is amended as follows:
(1) Section 622(b) is amended by striking out ``or
sales''.
(2) Section 622(c) is amended by striking out ``and
sales'' and ``or sales''.
(3) Section 632(d) is amended by striking out
``sections 506, 522, and 523,'' in the first sentence
and inserting in lieu thereof ``section 506''.
(4) Section 634(d) is amended by inserting ``or any
other'' between ``under this'' and ``Act'' in the
fourth sentence.
(5) Section 644(m) is amended by striking out ``and
sales'' in the first sentence of the paragraph
following numbered paragraph (3).
(c) References in law to the provisions of law repealed by
subsection (a) of this section shall hereafter be deemed to be
references to this Act or appropriate provisions of this Act.
Except for the laws specified in section 44, no other provision
of law shall be deemed to apply to this Act unless it refers
specifically to this Act or refers generally to sales of
defense articles and defense services under any Act.
Sec. 46.\287\ Savings Provisions.--Except as may be
expressly provided to the contrary in this Act, all
determinations, authorizations, regulations, orders, contracts,
agreements, and other actions issued, undertaken, or entered
into under authority of any provisions of law repealed by
section 45(a) shall continue in full force and effect until
modified by appropriate authority.
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\287\ 22 U.S.C. 2341 note.
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Sec. 47.\288\ Definitions.--For purposes of this Act, the
term--
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\288\ 22 U.S.C. 2794 note. Added by sec. 25(12) of the FA Act of
1973 (Public Law 93-189).
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(1) ``excess defense article'' has the meaning provided by
section 644(g) of the Foreign Assistance Act of 1961;
(2) ``value'' means, in the case of an excess defense
article, except as otherwise provided in sec. 21(a),\289\ not
less than the greater of--
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\289\ Sec. 102(b) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat 197) added the
reference to sec. 21(a).
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(A) the gross cost incurred by the United States
Government in repairing, rehabilitating, or modifying
such article, plus the scrap value; or
(B) the market value, if ascertainable;
(3) \290\ ``defense article'', except as provided in
paragraph (7) of this section, includes--
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\290\ Sec. 215 of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 746) added
paras. (3), (4), (5), (6), and (7).
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(A) any weapon, weapons system, munition, aircraft,
vessel, boat, or other implement of war,
(B) any property, installation, commodity, material,
equipment, supply, or goods used for the purposes of
making military sales,
(C) any machinery, facility, tool, material, supply,
or other item necessary for the manufacture,
production, processing, repair, servicing, storage,
construction, transportation, operation, or use of any
article listed in this paragraph, and
(D) any component or part of any article listed in
this paragraph,
but does not include merchant vessels or (as defined by the
Atomic Energy Act of 1954) source material (except uranium
depleted in the isotope 235 which is incorporated in defense
articles solely to take advantage of high density or pyrophoric
characteristics unrelated to radioactivity),\291\ byproduct
material, special nuclear material, production facilities,
utilization facilities, or atomic weapons or articles involving
Restricted Data;
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\291\ Sec. 22 of the International Security Assistance Act of 1979
(Public Law 96-92; 93 Stat. 710) inserted the parenthetical phrase. See
also sec. 110 of the International Security and Development Cooperation
Act of 1980 (Public Law 96-533; 94 Stat. 3138).
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(4) \290\ ``defense service'', except as provided in
paragraph (7) of this section, includes any service, test,
inspection, repair, training, publication, technical or other
assistance, or defense information (as defined in section
644(e) of the Foreign Assistance Act of 1961) used for the
purposes of making military sales, but does not include design
and construction services under section 29 of this Act; \292\
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\292\ Sec. 105(f) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3135) inserted
``but does not include design and construction services under section
29 of this Act''.
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(5) \290\ ``training'' includes formal or informal
instruction of foreign students in the United States or
overseas by officers or employees of the United States,
contract technicians, or contractors (including instruction at
civilian institutions), or by correspondence courses,
technical, educational, or information publications and media
of all kinds, training aid, orientation, training exercise, and
military advice to foreign military units and forces;
(6) \290\ ``major defense equipment'' means any item of
significant military \293\ equipment on the United States
Munitions List having a nonrecurring research and development
cost of more than $50,000,000 or a total production cost of
more than $200,000,000;
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\293\ Sec. 1211 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279) inserted
``military'' in lieu of ``combat''.
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(7) \290\ ``defense articles and defense services'' means,
with respect to commercial exports subject to the provisions of
section 38 of this Act, those items designated by the President
pursuant to subsection (a)(1) of such section; \294\
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\294\ Sec. 144 of Public Law 104-164 (110 Stat. 1434) struck out
``and'' at the end of para. (7); struck out the period at the end of
para. (8) and inserted in lieu thereof ``; and''; and added a new para.
(9).
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(8) \295\ ``design and construction services'' means, with
respect to sales under section 29 of this Act, the design and
construction of real property facilities, including necessary
construction equipment and materials, engineering services,
construction contract management services relating thereto, and
technical advisory assistance in the operation and maintenance
of real property facilities provided or performed by any
department or agency of the Department of Defense or by a
contractor pursuant to a contract with such department or
agency; \294\
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\295\ Sec. 105(f) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3135) added para.
(8).
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(9) \294\ ``significant military equipment'' means
articles--
(A) for which special export controls are warranted
because of the capacity of such articles for
substantial military utility or capability; and
(B) identified on the United States Munitions List;
(10) \296\ ``weapons of mass destruction'' has the meaning
provided by section 1403(1) of the Defense Against Weapons of
Mass Destruction Act of 1996 (title XIV of Public Law 104-201;
110 Stat. 2717; 50 U.S.C. 2302(1); and
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\296\ Sec. 1202(b) of the Security Assistance Act of 2002 (division
B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1427) struck out ``and'' at the end of para.
(8); struck out a period at the end of para. (9) and inserted ``;
and''; and added para. (10).
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(11) \297\ ``Sales territory'' means a country or group of
countries to which a defense article or defense service is
authorized to be reexported.
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\297\ Sec. 1405(a)(4) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1458) struck out ``and'' at the end
of para. (9); struck out a period at the end of para. (10) and inserted
``; and''; and added para. (11).
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Chapter 5--SPECIAL DEFENSE ACQUISITION FUND \298\
Sec. 51.\299\ Special Defense Acquisition Fund.--(a)(1)
Under the direction of the President and in consultation with
the Secretary of State, the Secretary of Defense shall
establish a Special Defense Acquisition Fund (hereafter in this
chapter referred to as the ``Fund''), to be used as a revolving
fund separate from other accounts, under the control of the
Department of Defense, to finance the acquisition of defense
articles and defense service in anticipation of their transfer
pursuant to this Act, the Foreign Assistance Act of 1961, or as
otherwise authorized by law, to eligible foreign countries and
international organizations, and may acquire such articles and
services with the funds in the Fund as he may determine.
Acquisition under this chapter of items for which the initial
issue quantity requirements for United States Armed Forces have
not been fulfilled and are not under current procurement
contract shall be emphasized when compatible with security
assistance requirements for the transfer of such items.
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\298\ Sec. 108(a) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1522) added
chapter 5.
\299\ 22 U.S.C. 2795.
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(2) Nothing in this chapter may be construed to limit or
impair any responsibilities conferred upon the Secretary of
State or the Secretary of Defense under this Act or the Foreign
Assistance Act of 1961.
(3) \300\ The Fund may be used to keep on continuous order
such defense articles and defense services as are assigned by
the Department of Defense for integrated management by a single
agency thereof for the common use of all military departments
in anticipation of the transfer of similar defense articles and
defense services to foreign countries and international
organizations pursuant to this Act, the Foreign Assistance Act
of 1986, or other law.
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\300\ Sec. 121(a) and (b) of the International Security and
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 204),
added 51(a)(3) and amended sec. 51(b).
10 U.S.C. 114(c) limits the size of the Special Defense Acquisition
Fund to $1,070,000,000.
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(4) \301\ The Fund shall also be used to acquire defense
articles that are particularly suited for use for narcotics
control purposes and are appropriate to the needs of recipient
countries, such as small boats, planes (including helicopters),
and communications equipment.
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\301\ Sec. 4 of the International Narcotics Control Act of 1989
(Public Law 101-231; 103 Stat. 1957) added para. (4). Sec. 145(b) of
Public Law 104-164 (110 Stat. 1434) struck out designation for subpara.
(A), and struck out subpara. (B), which had required that information
relating to acquisitions under this section be included in an annual
report to Congress.
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(b) \300\ The Fund shall consist of--
(1) collections from sales made under letters of
offer issued pursuant to section 21(a)(1)(A) of this
Act representing the actual value of defense articles
not intended to be replaced in stock,
(2) collections from sales representing the value of
asset use charges (including contractor rental payments
for United States Government-owned plant and production
equipment) and charges for the proportionate recoupment
of nonrecurring research, development, and production
costs, and
(3) collections from sales made under letters of
offer (or transfers made under the Foreign Assistance
Act of 1961) of defense articles and defense services
acquired under this chapter, representing the value of
such items calculated in accordance with subparagraph
(B) or (C) of section 21(a)(1) or section 22 of this
Act or section 644(m) of the Foreign Assistance Act of
1961, as appropriate,
together with such funds as may be authorized and appropriated
or otherwise made available for the purposes of the Fund.
(c)(1) The size of the Fund may not exceed such dollar
amount as is prescribed in section 114(c) of title 10, United
States Code.\302\ For purposes of this limitation, the size of
the Fund is the amounts in the Fund plus the value (in terms of
acquisition cost) of the defense articles acquired under this
chapter which have not been transferred from the Fund in
accordance with this chapter.
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\302\ Sec. 114(c) of title 10, U.S.C., was originally codified at
sec. 138(g) of title 10, U.S.C., Sec. 138(g) of title 10, U.S.C., as
added by sec. 109(b) of Public Law 97-113 (95 Stat. 1524) and amended
by sec. 1103 of the DOD Authorization Act, 1983, (Public Law 97-252; 96
Stat. 738), provided that the Special Defense Acquisition Fund ``may
not exceed $300,000,000 in fiscal year 1982, may not exceed
$600,000,000 in fiscal year 1983, and may not exceed $900,000,000 in
fiscal year 1984 or any fiscal year thereafter.'' The DOD Authorization
Act, 1986, sec. 1403, (Public Law 99-145; 99 Stat. 743) changed the
amount of the program ceiling to $1,000,000,000. Sec. 1304(a) of the
DOD Authorization Act, 1987, (Public Law 99-661; 100 Stat. 3816)
increased the ceiling to $1,070,000,000. Public Law 99-433, the DOD
Reorganization Act of 1986, redesignated sec. 138(g) of title 10 as
sec. 114(c).
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(2) Amounts in the Fund shall be available for obligation
in any fiscal year only to such extent or in such amounts as
are provided in advance in appropriation Acts.\303\
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\303\ Title III of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1995 (Public Law 103-306; 108
Stat. 1622), as amended by sec. 536 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1998 (Public Law
105-118; 111 Stat. 2416), provided the following:
---------------------------------------------------------------------------
``special defense acquisition fund
---------------------------------------------------------------------------
``Notwithstanding any provision of Public Law 102-391 as amended by
Public Law 103-87, not to exceed $140,000,000 of the obligational
authority provided in that Act under the heading `Special Defense
Acquisition Fund' may be obligated pursuant to section 51(c)(2) of the
Arms Export Control Act.
``Not to exceed $20,000,000 may be obligated pursuant to section
51(c)(2) of the Arms Export Control Act for the purposes of closing the
Special Defense Acquisition Fund, to remain available for obligation
until September 30, 2000: Provided, That the authority provided in this
Act is not used to initiate new procurements.''.
Amounts provided for the Fund in recent years are as follows:
fiscal year 1982--$125,000,000; fiscal year 1983--$125,000,000; fiscal
year 1984--$225,000,000; fiscal year 1985--$325,000,000; fiscal year
1986--$325,000,000; fiscal year 1988--$236,835,000; fiscal year 1989--
$236,865,000 (available for obligation until September 30, 1991);
fiscal year 1990--$280,000,000 (available for obligation until
September 30, 1992--subject to conditions in Public Law 102-298);
fiscal year 1991--$350,000,000 (available for obligation until
September 30, 1993--subject to conditions in Public Law 102-298);
fiscal year 1992--$275,000,000 (available for obligation until
September 30, 1994--subject to 1% reduction pursuant to sec. 591 of
H.R. 2621 as passed by the House on June 19, 1991, and subject to
1.4781% reduction pursuant to sec. 126 of Public Law 102-145, as
amended); fiscal year 1993--$225,000,000 (available for obligation
until September 30, 1995); fiscal year 1994--$160,000,000.
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Sec. 52.\304\ Use and Transfer of Items Procured by the
Fund.--(a) No defense article or defense service acquired by
the Secretary of Defense under this chapter may be transferred
to any foreign country or international organization unless
such transfer is authorized by this Act, the Foreign Assistance
Act of 1961, or other law.
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\304\ 22 U.S.C. 2795a.
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(b) The President may authorize the temporary use by the
United States Armed Forces of defense articles and defense
services acquired under this chapter prior to their transfer to
a foreign country or international organization, if such is
necessary to meet national defense requirements and the United
States Armed Forces bear the costs of operation and maintenance
of such articles or services while in their use and the costs
of restoration or replacement upon the termination of such use.
(c) Except as provided in subsection (b) of this section,
the Fund may be used to pay for storage, maintenance, and other
costs related to the preservation and preparation for transfer
of defense articles and defense services acquired under this
chapter prior to their transfer, as well as the administrative
costs of the Department of Defense incurred in the acquisition
of such items to the extent not reimbursed pursuant to section
43(b) of this Act.
Sec. 53.\305\ * * * [Repealed--1996]
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\305\ Formerly at 22 U.S.C. 2795b. Sec. 145(a) of Public Law 104-
164 (110 Stat. 1434) repealed sec. 53, which had required the President
to file an annual comprehensive report on acquisitions of defense
articles and defense services under this chapter.
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Chapter 6--LEASES OF DEFENSE ARTICLES AND LOAN AUTHORITY FOR
COOPERATIVE RESEARCH AND DEVELOPMENT PURPOSES \306\
Sec. 61.\307\ Leasing Authority.--(a) The President may
lease defense articles in the stocks of the Department of
Defense to an eligible foreign country or international
organization if--
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\306\ Sec. 109(a) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1524) added
chapter 6. Sec. 1003(b) of Public Law 100-456 revised the title of
chapter 6. It formerly read ``Leases of Defense Articles''.
\307\ 22 U.S.C. 2796.
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(1) he determines that there are compelling foreign
policy and national security reasons for providing such
articles on a lease basis rather than on a sales basis
under this Act;
(2) he determines that the articles are not for the
time needed for public use; \308\
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\308\ Sec. 731(e) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503), struck
out ``and'' at the end of para. (2); redesignated para. (3) as para.
(4); added a new para (3); and struck out ``paragraph (3)'' in lieu of
``paragraph (4)'' in the last two sentences of subsec. (a).
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(3) \308\ the President first considers the effects
of the lease of the articles on the national technology
and industrial base, particularly the extent, if any,
to which the lease reduces the opportunities of
entities in the national technology and industrial base
to sell new equipment to the country or countries to
which the articles are leased; and
(4) \308\ the country or international organization
has agreed to pay in United States dollars all costs
incurred by the United States Government in leasing
such articles, including reimbursement for depreciation
of such articles while leased, the costs of restoration
or replacement if the articles are damaged while
leased, and, if the articles are lost or destroyed
while leased--\309\
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\309\ Sec. 146 of Public Law 104-164 (110 Stat. 1434) struck out
``and the replacement cost (less any depreciation in the value) of the
articles if the articles are lost or destroyed while leased.'' and
inserted in lieu thereof ``and, if the articles are lost or destroyed
while leased--'' and subparas. (A) and (B).
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(A) in the event the United States intends to
replace the articles lost or destroyed, the
replacement cost (less any depreciation in the
value) of the articles; or
(B) in the event the United States does not
intend to replace the articles lost or
destroyed, an amount not less than the actual
value (less any depreciation in the value)
specified in the lease agreement.
The requirement of paragraph (4) \308\ shall not apply to
leases entered into for purposes of cooperative research or
development, military exercises, or communications or
electronics interface projects.\310\ The President may waive
the requirement of paragraph (4) for reimbursement of
depreciation for any defense article which has passed three-
quarters of its normal service life if the President determines
that to do so is important to the national security interest of
the United States.\311\, \312\ The President may
waive the requirement of paragraph (4) \308\ with respect to a
lease which is made in exchange with the lessee for a lease on
substantially reciprocal terms of defense articles for the
Department of Defense, except that this waiver authority--
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\310\ Sec. 153(a)(1) of Public Law 104-164 (110 Stat. 1440) struck
out ``, or to any defense article which has passed three-quarters of
its normal service life'' at the end of the second sentence of sec.
61(a).
\311\ Sec. 153(a)(2) of Public Law 104-164 (110 Stat. 1440) added
this sentence. Sec. 153(b) of that Act (22 U.S.C. 2796 note) further
provided: ``The third sentence of section 61(a) of the Arms Export
Control Act, as added by subsection (a)(2), shall apply only with
respect to a defense article leased on or after the date of the
enactment of this Act.''.
\312\ The words from this point to the end of subsec. (a) were
added by sec. 147 of the Continuing Appropriations Act for Fiscal Year
1987 (Public Law 99-591; 100 Stat. 3341-354).
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(A) may be exercised only if the President submits to
the Committee on Foreign Affairs \313\ and the
Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations
and the Committee on Appropriations of the Senate, in
accordance with the regular notification procedures of
those Committees, a detailed notification for each
lease with respect to which the authority is exercised;
and
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\313\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(B) may be exercised only during the current fiscal
year \314\ and only with respect to one country, unless
the Congress hereafter provides otherwise.
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\314\ Sec. 524 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1999 (division A, sec. 101(d) of
Public Law 105-277; 112 Stat. 2681), struck out ``1998'' and inserted
in lieu thereof ``the current fiscal year''. If the amendment is
executed, the amended text would read ``during the fiscal year the
current fiscal year''. It is interpreted to intend to read ``the
current fiscal year''.
Previously, sec. 524 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
Stat. 2412), struck out ``1997'' and inserted in lieu thereof ``1998''.
Previously, sec. 524 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of
the Omnibus Consolidated Appropriations Act, 1997; Public Law 104-208;
110 Stat. 3009) struck out ``1996'' and inserted in lieu thereof
``1997''; sec. 524 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
Stat. 729), struck out ``1995'' and ``inserted in lieu thereof
``1996''; and sec. 524 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1995 (Public Law 103-306; 108
Stat. 1633), struck out ``1994'' and ``inserted in lieu thereof
``1995''.
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The preceding sentence does not constitute authorization of
appropriations for payments by the United States for leased
articles.
(b)(1) Each lease agreement \315\ under this section shall
be for a fixed duration which may not exceed (A) five years,
and (B) a specified period of time required to complete major
refurbishment work of the leased articles to be performed prior
to the delivery of the leased articles,\316\ of not to exceed
five years and shall provide that, at any time during the
duration of the lease, the President may terminate the lease
and require the immediate return of the leased articles.
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\315\ Sec. 1233(1) of the Security Assistance Act of 2002 (division
B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1433) struck out ``(b) Each lease agreement''
and inserted in lieu thereof ``(b)(1) Each lease agreement''.
\316\ Sec. 1233(2) of the Security Assistance Act of 2002 (division
B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1433) struck out ``of not to exceed five years''
and inserted in lieu thereof ``which may not exceed (A) five years, and
(B) a specified period of time required to complete major refurbishment
work of the leased articles to be performed prior to the delivery of
the leased articles,''.
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(2) \317\ In this subsection, the term ``major
refurbishment work'' means work for which the period of
performance is 6 months or more.
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\317\ Sec. 1233(3) of the Security Assistance Act of 2002 (division
B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1433) added para. (2).
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(c) Defense articles in the stocks of the Department of
Defense may be leased or loaned to a foreign country or
international organization only under the authority of this
chapter or chapter 2 of part II of the Foreign Assistance Act
of 1961, and may not be leased to a foreign country or
international organization under the authority of section 2667
of title 10, United States Code.
Sec. 62.\318\ Reports to the Congress.--(a) Before \319\
entering into or renewing any agreement with a foreign country
or international organization to lease any defense article
under this chapter, or to loan any defense article under
chapter 2 of part II of the Foreign Assistance Act of 1961, for
a period of one year or longer, the President shall transmit to
the Speaker of the House of Representatives, and to the
chairman of the Committee on Foreign Relations of the Senate
and the chairman of the Committee on Armed Services of the
Senate, a written certification which specifies--
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\318\ 22 U.S.C. 2796a.
\319\ Sec. 141(e)(1)(A) of Public Law 104-164 (110 Stat. 1432)
struck out ``Not less than 30 days before'' and inserted in lieu
thereof ``Before''.
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(1) the country or international organization to
which the defense article is to be leased or loaned;
(2) the type, quantity, and value (in terms of
replacement cost) of the defense article to be leased
or loaned;
(3) the terms and duration of the lease or loan; and
(4) a justification for the lease or loan, including
an explanation of why the defense article is being
leased or loaned rather than sold under this Act.
(b) The President may waive the requirements of this
section (and in the case of an agreement described in section
63, may waive the provisions of that section) if he states in
his certification,\320\ that an emergency exists which requires
that the lease or loan be entered into immediately in the
national security interests of the United States. If the
President states in his certification that such an emergency
exists, he shall set forth in the certification a detailed
justification for his determination, including a description of
the emergency circumstances which necessitate that the lease be
entered into immediately and a discussion of the national
security interests involved.\321\
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\320\ Sec. 141(e)(1)(B)(i) of Public Law 104-164 (110 Stat. 1432)
struck out ``determines, and immediately reports to the Congress'', and
inserted in lieu thereof ``states in his certification''.
\321\ Sec. 141(e)(1)(B)(ii) of Public Law 104-164 (110 Stat. 1432)
added the sentence that begins ``If the President states''.
Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that
``amendments made by this section [sec. 141] apply with respect to
certifications required to be submitted on or after the date of the
enactment of this Act [July 21, 1996].''.
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(c) \322\ The certification required by subsection (a)
shall be transmitted)--
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\322\ Sec. 141(e)(1)(C) of Public Law 104-164 (110 Stat. 1433)
added subsec. (c).
Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that
``amendments made by this section [sec. 141] apply with respect to
certifications required to be submitted on or after the date of the
enactment of this Act [July 21, 1996].''.
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(1) not less than 15 calendar days before the
agreement is entered into or renewed in the case of an
agreement with the North Atlantic Treaty Organization,
any member country of that Organization or Australia,
Japan, the Republic of Korea,\323\ or New Zealand; and
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\323\ Sec. 203(b)(1) of the Naval Vessel Transfer Act of 2008
(Public Law 110-429; 122 Stat. 4845) inserted ``the Republic of
Korea,'' before ``or New Zealand'' in secs. 3(d)(2)(B), 3(d)(3)(A)(i),
3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2)
of this Act.
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(2) not less than 30 calendar days before the
agreement is entered into or renewed in the case of an
agreement with any other organization or country.
Sec. 63.\324\ Legislative Review.--(a) \325\ (1) Subject to
paragraph (2), in the case of \326\ any agreement involving the
lease under this chapter, or the loan under chapter 2 of part
II of the Foreign Assistance Act of 1961, to any foreign
country or international organization for a period of one year
or longer of any defense articles which are either (i) major
defense equipment valued (in terms of its replacement cost less
any depreciation in its value) at $14,000,000 or more, or (ii)
defense articles valued (in terms of their replacement cost
less any depreciation in their value) at $50,000,000 or more,
the agreement may not be entered into or renewed if the
Congress, within the 15-day or 30-day period specified in
section 62(c) (1) or (2), as the case may be,\327\ enacts a
joint \328\ resolution prohibiting the proposed lease or loan.
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\324\ 22 U.S.C. 2796b.
\325\ Sec. 141(e)(2) of Public Law 104-164 (110 Stat. 1433) struck
out designation for para. (1), and struck out para. (2), which had
provided as follows:
``(2) This section shall not apply with respect to a loan or lease
to the North Atlantic Treaty Organization, any member country of that
Organization, Japan, Australia, or New Zealand.''.
\326\ Sec. 1405(a)(3)(A) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1457) struck out ``In the case of''
and inserted in lieu thereof ``(1) Subject to paragraph (2), in the
case of''.
\327\ Sec. 141(e)(2) of Public Law 104-164 (110 Stat. 1433) struck
out ``30 calendar days after receiving the certification with respect
to that proposed agreement pursuant to section 62(a),'' and inserted in
lieu thereof ``the 15-day or 30-day period specified in section 62(c)
(1) or (2), as the case may be,''.
Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that
``amendments made by this section [sec. 141] apply with respect to
certifications required to be submitted on or after the date of the
enactment of this Act [July 21, 1996].''.
\328\ Sec. (d) of Public Law 99-247 (100 Stat. 9) struck out
``concurrent'' and inserted ``joint''.
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(2) \329\ In the case of an agreement described in
paragraph (1) that is entered into with a member country of the
North Atlantic Treaty Organization (NATO) or Australia, Japan,
the Republic of Korea,\330\ or New Zealand, the limitations in
paragraph (1) shall apply only if the agreement involves a
lease or loan of--
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\329\ Sec. 1405(a)(3)(B) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1458) added para. (2).
\330\ Sec. 203(b)(1) of the Naval Vessel Transfer Act of 2008
(Public Law 110-429; 122 Stat. 4845) inserted ``the Republic of
Korea,'' before ``or New Zealand'' in secs. 3(d)(2)(B), 3(d)(3)(A)(i),
3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2)
of this Act.
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(A) major defense equipment valued (in terms of its
replacement cost less any depreciation in its value) at
$25,000,000 or more; or
(B) defense articles valued (in terms of their
replacement cost less any depreciation in their value)
at $100,000,000 or more.
(b) Any joint \328\ resolution under subsection (a) shall
be considered in the Senate in accordance with the provisions
of section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
(c) For the purpose of expediting the consideration and
enactment of joint \328\ resolutions under subsection (a), a
motion to proceed to the consideration of any such resolution
after it has been reported by the appropriate committee shall
be treated as highly privileged in the House of
Representatives.
Sec. 64.\331\ Application of Other Provisions of Law.--Any
reference to sales of defense articles under this Act in any
provision of law restricting the countries or organizations to
which such sales may be made shall be deemed to include a
reference to leases of defense articles under this chapter.
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\331\ 22 U.S.C. 2796c.
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Sec. 65.\332\ Loan of Materials, Supplies, and Equipment
for Research and Development Purposes.--(a)(1) Except as
provided in subsection (c), the Secretary of Defense may loan
to a country that is a NATO or major non-NATO ally materials,
supplies, or equipment for the purpose of carrying out a
program of cooperative research, development, testing, or
evaluation. The Secretary may accept as a loan or a gift from a
country that is a NATO or major non-NATO ally materials,
supplies, or equipment for such purpose.
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\332\ 22 U.S.C. 2796d. Sec. 1003(a) of the National Defense
Authorization Act for Fiscal Year 1989 (Public Law 100-456; 102 Stat.
2038) added sec. 65.
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(2) Each loan or gift transaction entered into by the
Secretary under this section shall be provided for under the
terms of a written agreement between the Secretary and the
country concerned.
(3) A program of testing or evaluation for which the
Secretary may loan materials, supplies, or equipment under this
section includes a program of testing or evaluation conducted
solely for the purpose of standardization, interchangeability,
or technical evaluation if the country to which the materials,
supplies, or equipment are loaned agrees to provide the results
of the testing or evaluation to the United States without
charge.
(b) The materials, supplies, or equipment loaned to a
country under this section may be expended or otherwise
consumed in connection with any testing or evaluation program
without a requirement for reimbursement of the United States if
the Secretary--
(1) determines that the success of the research,
development, test, or evaluation depends upon expending
or otherwise consuming the materials, supplies, or
equipment loaned to the country; and
(2) approves of the expenditure or consumption of
such materials, supplies, or equipment.
(c) The Secretary of Defense may not loan to a country
under this section any material if the material is a strategic
and critical material and if, at the time the loan is to be
made, the quantity of the material in the National Defense
Stockpile (provided for under section 3 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98b)) is less
than the quantity of such material to be stockpiled, as
determined by the President under section 3(a) of such Act.
(d) For purposes of this section, the term ``NATO \333\
ally'' means a member country of the North Atlantic Treaty
Organization (other than the United States).\334\
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\333\ Sec. 147(a)(3)(B)(i) of Public Law 104-164 (110 Stat. 1435)
struck out ``or major non-NATO'' after ``NATO''.
\334\ Sec. 147(a)(3)(B)(ii) of Public Law 104-164 (110 Stat. 1435)
struck out ``or a foreign country other than a member nation of NATO
designated as a major non-NATO ally under section 2350a(i)(3) of title
10, United States Code'' after the parentheses. Previously, sec.
705(d)(2) of Public Law 102-25 (105 Stat. 120) struck out ``section
1105 of the National Defense Authorization Act for Fiscal Year 1987 (22
U.S.C. 2767a)'' and inserted in lieu thereof ``section 2350a(i)(3) of
title 10, United States Code''. Sec. 1105 of the National Defense
Authorization Act for Fiscal Year 1987 was repealed in 1989.
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CHAPTER 7--CONTROL OF MISSILES AND MISSILE EQUIPMENT OR TECHNOLOGY
\335\
Sec. 71.\336\ Licensing.--
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\335\ Sec. 1703 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1745) added chapter 7,
secs. 71 through 74.
\336\ 22 U.S.C. 2797. See also sec. 1212 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public Law
108-375; 118 Stat. 2087), stating U.S. policy and the sense of Congress
on the nonproliferation of ballistic missiles.
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(a) Establishment of List of Controlled Items.--The
Secretary of State, in consultation with the Secretary of
Defense \337\ and the heads of other appropriate departments
and agencies, shall establish and maintain, as part of the
United States Munitions List, a list of all items on the MTCR
Annex the export of which is not controlled under section 6(l)
of the Export Administration Act of 1979.
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\337\ Sec. 1225(a)(4) of the Foreign Affairs Agencies Consolidation
Act of 1998 (division G, subdivision A of Public Law 105-277; 112 Stat.
2681) struck out ``, the Director of the Arms Control and Disarmament
Agency,'' after ``Secretary of Defense''. The text had originally been
added by sec. 714(a)(3) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497).
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(b) Referral of License Applications.--(1) A determination of
the Secretary of State to approve a license for the export of
an item on the list established under subsection (a) may be
made only after the license application is referred to the
Secretary of Defense.\338\
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\338\ Sec. 1225(a)(5) of the Foreign Affairs Agencies Consolidation
Act of 1998 (division G, subdivision A of Public Law 105-277; 112 Stat.
2681) struck out ``and the Director of the United States Arms Control
and Disarmament Agency'' after ``Secretary of Defense''. The text had
originally been added by sec. 714(a)(4) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
Stat. 497).
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(2) Within 10 days after a license is issued for the export
of an item on the list established under subsection (a), the
Secretary of State shall provide to the Secretary of Defense
and the Secretary of Commerce \339\ the license application and
accompanying documents issued to the applicant, to the extent
that the relevant Secretary \340\ indicates the need to receive
such application and documents.
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\339\ Sec. 1225(a)(6)(A) of the Foreign Affairs Agencies
Consolidation Act of 1998 (division G, subdivision A of Public Law 105-
277; 112 Stat. 2681) struck out ``, the Secretary of Commerce, and the
Director of the United States Arms Control and Disarmament Agency'' and
inserted in lieu thereof ``and the Secretary of Commerce''. Previously,
sec. 714(a)(5)(A) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497), made such an
amendment in the reverse.
\340\ Sec. 1225(a)(6)(B) of the Foreign Affairs Agencies
Consolidation Act of 1998 (division G, subdivision A of Public Law 105-
277; 112 Stat. 2681) struck out ``or the Director'' after ``relevant
Secretary''. Previously, sec. 714(a)(5)(B) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
Stat. 497), made such an amendment in the reverse.
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(c) Information Sharing.--The Secretary of State shall
establish a procedure for sharing information with appropriate
officials of the intelligence community, as determined by the
Director of Central Intelligence,\341\ and with other
appropriate Government agencies, that will ensure effective
monitoring of transfers of MTCR equipment or technology and
other missile technology.
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\341\ Sec. 1225(a)(7) of the Foreign Affairs Agencies Consolidation
Act of 1998 (division G, subdivision A of Public Law 105-277; 112 Stat.
2681) struck out with the Director of the United States Arms Control
and Disarmament Agency,'' after ``Director of Central Intelligence,''.
Previously, sec. 714(a)(6) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497), made
such an amendment in the reverse.
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(d) \342\ Exports to Space Launch Vehicle Programs.--Within
15 days \343\ after the issuance of a license (including any
brokering license) for the export of items valued at less than
$50,000,000 that are controlled under this Act pursuant to
United States obligations under the Missile Technology Control
Regime and are goods or services that are intended to support
the design, utilization, development, or production of a space
launch vehicle system listed in Category I of the MTCR Annex,
the Secretary shall transmit to the Congress \344\ a report
describing the licensed export and rationale for approving such
export, including the consistency of such export with United
States missile nonproliferation policy. The requirement
contained in the preceding sentence shall not apply to licenses
for exports to countries that were members of the MTCR as of
April 17, 1987.
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\342\ Sec. 735(c) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 506), added
subsec. (d).
\343\ Sec. 708(c) of the Security Assistance Act of 2000 (Public
Law 106-280; 114 Stat. 863) struck out ``Within 15 days after the
issuance of a license for the export of items valued at less than
$14,000,000 that are controlled under this Act pursuant to United
States obligations under the Missile Technology Control Regime and
intended to support the design, development, or production of a space
launch vehicle system listed in Category I of the MTCR Annex,'' and
inserted in lieu thereof ``Within 15 days after the issuance of a
license (including any brokering license) for the export of items
valued at less than $50,000,000 that are controlled under this Act
pursuant to United States obligations under the Missile Technology
Control Regime and are goods or services that are intended to support
the design, utilization, development, or production of a space launch
vehicle system listed in Category I of the MTCR Annex,''.
\344\ Sec. 704 of the Security Assistance Act of 2000 (Public Law
106-280; 114 Stat. 861) provided the following:
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``sec. 704. mtcr report transmittals.
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``For purposes of section 71(d) of the Arms Export Control Act (22
U.S.C. 2797(d)), the requirement that reports under that section shall
be transmitted to the Congress shall be considered to be a requirement
that such reports shall be transmitted to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations and the Committee on Banking, Housing
and Urban Affairs of the Senate.''.
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Sec. 72.\345\, \346\ Denial of the Transfer of
Missile Equipment or Technology by United States Persons.
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\345\ 22 U.S.C. 2797a.
\346\ Executive Order 12851 of June 11, 1993 (58 F.R. 33181),
provided for the administration of proliferation sanctions, Middle East
Arms Control, and related congressional reporting requirements,
including the following:
``Sec. 2. Missile Proliferation Sanctions. (a) Arms Export Control
Act. The authority and duties vested in me by section 72-73 of the AECA
(22 U.S.C. 2797a-2797b) are delegated to the Secretary of State, except
that:
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``(1) The authority and duties vested in me by section 72(a)(1) to make
determinations with respect to violations by United States persons of the
EAA are delegated to the Secretary of Commerce.
``(2) The authority and duties vested in me to deny certain United States
Government contracts as provided in sections 73(a)(2)(A)(i) and
73(a)(2)(B)(i), pursuant to a determination made by the Secretary of State
under section 73(a)(1), as well as the authority and duties vested in me to
make the findings provided in sections 72(c), 73(f), and 73(g)(1), are
delegated to the Secretary of Defense. The Secretary of State shall issue,
transmit to the Congress, and notify the Secretary of the Treasury of, as
appropriate, any waivers based upon findings made pursuant to sections
72(c) and 73(f).
``(3) The authority and duties vested in me to prohibit certain imports
as provided in section 73(a)(2)(C), pursuant to a determination made by the
Secretary of State under that section, and the obligation to implement the
exceptions provided in section 73(g), are delegated to the Secretary of the
Treasury.''.
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This Executive order superceded a memorandum of the President of
June 25, 1991, delegating authority regarding missile technology
proliferation (56 F.R. 31041; July 8, 1991).
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(a) Sanctions.--(1) If the President determines that a United
States person knowingly--
(A) exports, transfers, or otherwise engages in the
trade of any item on the MTCR Annex, in violation of
the provisions of section 38 of this Act, section 5 or
6 of the Export Administration Act of 1979 (50 U.S.C.
App. 2404, 2405), or any regulations or orders issued
under any such provisions,
(B) conspires to or attempts to engage in such
export, transfer, or trade, or
(C) facilitates such export, transfer, or trade by
any other person,
then the President shall impose the applicable sanctions
described in paragraph (2).
(2) The sanctions which apply to a United States person under
paragraph (1) are the following:
(A) If the item on the MTCR Annex involved in the
export, transfer, or trade is missile equipment or
technology within category II of the MTCR Annex, then
the President shall deny to such United States person
for a period of 2 years--
(i) United States Government contracts
relating to missile equipment or technology;
and
(ii) licenses for the transfer of missile
equipment or technology controlled under this
Act.
(B) If the item on the MTCR Annex involved in the
export, transfer, or trade is missile equipment or
technology within category I of the MTCR, then the
President shall deny to such United States person for a
period of not less than 2 years--
(i) all United States Government contracts,
and
(ii) all export licenses and agreements for
items on the United States Munitions List.
(b) Discretionary Sanctions.--In the case of any
determination made pursuant to subsection (a), the President
may pursue any penalty provided in section 38(c) of this Act.
(c) \347\ Presumption.--In determining whether to apply
sanctions under subsection (a) to a United States person
involved in the export, transfer, or trade of an item on the
MTCR Annex, it should be a rebuttable presumption that such
item is designed for use in a missile listed in the MTCR Annex
if the President determines that the final destination of the
item is a country the government of which the Secretary of
State has determined, for purposes of 6(j)(1)(A) of the Export
Administration Act of 1979, has repeatedly provided support for
acts of international terrorism.
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\347\ Sec. 734(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 505),
redesignated subsec. (c) as subsec. (d), and added a new subsec. (c).
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(d) \347\ Waiver.--The President may waive the imposition of
sanctions under subsection (a) with respect to a product or
service if the President certifies to the Congress that--
(1) the product or service is essential to the
national security of the United States; and
(2) such person is a sole source supplier of the
product or service, the product or service is not
available from any alternative reliable supplier, and
the need for the product or service cannot be met in a
timely manner by improved manufacturing processes or
technological developments.
Sec. 73.\346\, \348\ Transfers of Missile
Equipment or Technology by Foreign Persons.
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\348\ 22 U.S.C. 2797b.
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(a) Sanctions.--(1) \349\ Subject to subsections (c) through
(g), if the President determines that a foreign person, after
the date of the enactment of this chapter, knowingly--
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\349\ On September 20, 2007, the State Department determined that
the Korea Mining and Development Corporation (KOMID) was in violation
of this section (Department of State Public Notice 5944; 72 F.R. 54709)
and accordingly imposed sanctions under this section for a period of
two years.
On September 20, 2007, the State Department determined that the
terms of sec. 73 had been violated, but concluded ``that publication of
the determination would be harmful to the national security of the
United States.'' (Department of State Public Notice 5942; 72 F.R.
54708).
On March 12, 2007, the State Department determined ``that it is
essential to the national security of the United States to waive
permanently the sanctions [imposed on the Government of China on
September 19, 2003: 68 F.R. no. 182] effective from the date of
expiration of the previous waiver (March 18, 2007).'' These sanctions
had been waived every six months since their imposition.
See also sec. 620H of the Foreign Assistance Act of 1961, this
volume; the Iran and Syria Nonproliferation Act, as amended, the Iran-
Iraq Arms Nonproliferation Act of 1992, and Executive Order 12938,
relating to the proliferation of weapons of mass destruction, in
Legislation on Foreign Relations Through 2008, vol. II-B. See also the
Export Administration Act of 1979, in Legislation on Foreign Relations
Through 2008, vol. III.
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(A) exports, transfers, or otherwise engages in the
trade of any MTCR equipment or technology that
contributes to the acquisition,\350\ design,
development, or production of missiles in a country
that is not an MTCR adherent and would be, if it were
United States-origin equipment or technology, subject
to the jurisdiction of the United States under this
Act,
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\350\ Sec. 323(a) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 711),
inserted ``acquisition,''.
---------------------------------------------------------------------------
(B) conspires to or attempts to engage in such
export, transfer, or trade, or
(C) facilitates such export, transfer, or trade by
any other person,
or if the President has made a determination with respect to a
foreign person under section 11B(b)(1) of the Export
Administration Act of 1979, then the President shall impose on
that foreign person the applicable sanctions under paragraph
(2).
(2) The sanctions which apply to a foreign person under
paragraph (1) are the following:
(A) \349\ If the item involved in the export,
transfer, or trade is within category II of the MTCR
Annex, then the President shall deny, for a period of 2
years--
(i) United States Government contracts
relating to missile equipment or technology;
and
(ii) licenses for the transfer to such
foreign person of missile equipment or
technology controlled under this Act.
(B) If the item involved in the export, transfer, or
trade is within category I of the MTCR Annex, then the
President shall deny, for a period of not less than 2
years--
(i) all United States Government contracts
with such foreign person; and
(ii) licenses for the transfer to such
foreign person of all items on the United
States Munitions List.
(C) If, in addition to actions taken under
subparagraphs (A) and (B), the President determines
that the export, transfer, or trade has substantially
contributed to the design, development,
or production of missiles in a country that is not an
MTCR adherent, then the President shall prohibit, for a
period of not less than 2 years, the importation into
the United States of products produced by that foreign
person.
(b) \351\ Inapplicability With Respect to MTCR Adherents.--
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\351\ Sec. 1136(b) of the Arms Control and Nonproliferation Act of
1999 (title XI of the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1536)): redesignated paras. (1) and (2) as subparas. (A) and (B),
respectively; struck out ``Subsection (a)'' and inserted in lieu
thereof ``(1) In general.--Except as provided in paragraph (2),
subsection (a)'' at the beginning of subsec. (b); and added para. (2).
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(1) In General.--Except as provided in paragraph (2),
subsection (a) does not apply with respect to--
(A) any export, transfer, or trading activity
that is authorized by the laws of an MTCR
adherent, if such authorization is not obtained
by misrepresentation or fraud; or
(B) any export, transfer, or trade of an item
to an end user in a country that is an MTCR
adherent.
(2) \351\ Limitation.--Notwithstanding paragraph (1),
subsection (a) shall apply to an entity subordinate to
a government that engages in exports or transfers
described in section 498A(b)(3)(A) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2295a(b)(3)(A)).
(c) Effect of Enforcement Actions by MTCR Adherents.--
Sanctions set forth in subsection (a) may not be imposed under
this section on a person with respect to acts described in such
subsection or, if such sanctions are in effect against a person
on account of such acts, such sanctions shall be terminated, if
an MTCR adherent is taking judicial or other enforcement action
against that person with respect to such acts, or that person
has been found by the government of an MTCR adherent to be
innocent of wrongdoing with respect to such acts, and if the
President certifies to the Committee on Foreign Relations of
the Senate and the Committee on International Relations of the
House of Representatives that--
(1) for any judicial or other enforcement action
taken by the MTCR adherent, such action has--
(A) been comprehensive; and
(B) been performed to the satisfaction of the
United States; and
(2) with respect to any finding of innocence of
wrongdoing, the United States is satisfied with the
basis for such finding.\352\
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\352\ Sec. 1136(c) of the Arms Control and Nonproliferation Act of
1999 (title XI of the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1536)) added text beginning at ``and if the President
certifies''.
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(d) Advisory Opinions.--The Secretary of State, in
consultation with the Secretary of Defense and the Secretary of
Commerce,\353\ may, upon the request of any person, issue an
advisory opinion to that person as to whether a proposed
activity by that person would subject that person to sanctions
under this section. Any person who relies in good faith on such
an advisory opinion which states that the proposed activity
would not subject a person to such sanctions, and any person
who thereafter engages in such activity, may not be made
subject to such sanctions on account of such activity.
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\353\ Sec. 1225(a)(8) of the Foreign Affairs Agencies Consolidation
Act of 1998 (division G, subdivision A of Public Law 105-277; 112 Stat.
2681) struck out ``, the Secretary of Commerce, and the Director of the
United States Arms Control and Disarmament Agency'' and inserted in
lieu thereof ``and the Secretary of Commerce''. Previously, sec.
714(a)(7) of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236; 108 Stat. 497), made such an amendment in
the reverse.
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(e) Waiver and Report to Congress.--(1) In any case other
than one in which an advisory opinion has been issued under
subsection (d) stating that a proposed activity would not
subject a person to sanctions under this section, the President
may waive the application of subsection (a) to a foreign person
if the President determines that such waiver is essential to
the national security of the United States.
(2) In the event that the President decides to apply the
waiver described in paragraph (1), the President shall so
notify the Committee on Armed Services and the Committee on
Foreign Relations of the Senate and the Committee on National
Security and the Committee on International Relations of the
House of Representatives \354\ not less than 45 working days
\354\ before issuing the waiver. Such notification shall
include a report fully articulating the rationale and
circumstances which led the President to apply the waiver.
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\354\ Sec. 1408(d) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 494) (1) struck out
``the Congress'' and inserted in lieu thereof ``the Committee on Armed
Services and the Committee on Foreign Relations of the Senate and the
Committee on National Security and the Committee on International
Relations of the House of Representatives''; and (2) struck out ``20
working days'' and inserted in lieu thereof ``45 working days''.
The House Committee on National Security reverted back to its
former name, Committee on Armed Services, in the 106th Congress. No
legislation, however, was enacted to universally amend reference to
that committee in Public Law. Sec. 1067 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
774) did make such a change in specific pieces of legislation and 10
U.S.C.
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(f) \355\ Presumption.--In determining whether to apply
sanctions under subsection (a) to a foreign person involved in
the export, transfer, or trade of an item on the MTCR Annex, it
should be a rebuttable presumption that such item is designed
for use in a missile listed in the MTCR Annex if the President
determines that the final destination of the item is a country
the government of which the Secretary of State has determined,
for purposes of 6(j)(1)(A) of the Export Administration Act of
1979, has repeatedly provided support for acts of international
terrorism.
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\355\ Sec. 734(b) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 505),
redesignated subsecs. (f) and (g) as subsecs. (g) and (h), and added a
new subsec. (f).
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(g) \355\ Additional Waiver.--The President may waive the
imposition of sanctions under paragraph (1) on a person with
respect to a product or service if the President certifies to
the Congress that--
(1) the product or service is essential to the
national security of the United States; and
(2) such person is a sole source supplier of the
product or service, the product or service is not
available from any alternative reliable supplier, and
the need for the product or service cannot be met in a
timely manner by improved manufacturing processes or
technological developments.
(h) \355\ Exceptions.--The President shall not apply the
sanction under this section prohibiting the importation of the
products of a foreign person--
(1) in the case of procurement of defense articles or
defense services--
(A) under existing contracts or subcontracts,
including the exercise of options for
production quantities to satisfy requirements
essential to the national security of the
United States;
(B) if the President determines that the
person to which the sanctions would be applied
is a sole source supplier of the defense
articles and services, that the defense
articles or services are essential to the
national security of the United States, and
that alternative sources are not readily or
reasonably available; or
(C) if the President determines that such
articles or services are essential to the
national security of the United States under
defense coproduction agreements or NATO
Programs of Cooperation;
(2) to products or services provided under contracts
entered into before the date on which the President
publishes his intention to impose the sanctions; or
(3) to--
(A) spare parts,
(B) component parts, but not finished
products, essential to United States products
or production,
(C) routine services and maintenance of
products, to the extent that alternative
sources are not readily or reasonably
available, or
(D) information and technology essential to
United States products or production.
SEC. 73A.\356\ NOTIFICATION OF ADMITTANCE OF MTCR ADHERENTS.
(a) \357\ Policy Report.--Following any action by the
United States that results in a country becoming a MTCR
adherent, the President shall transmit promptly to the Congress
a report which describes the rationale for such action,
together with an assessment of that country's nonproliferation
policies, practices, and commitments. Such report shall also
include the text of any agreements or understandings between
the United States and such country regarding the terms and
conditions of the country's adherence to the MTCR.
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\356\ 22 U.S.C. 2797b-1. Sec. 735(d) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
Stat. 506), added sec. 73A. Functions in this section are delegated to
the Under Secretary of State for International Security Affairs
(Department of State Public Notice 2086; Delegation of Authority No.
214; 59 F.R. 50790).
\357\ Sec. 1136(d) of the Arms Control and Nonproliferation Act of
1999 (title XI of the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1536)) struck out ``Following any action'' and inserted in lieu
thereof ``(a) Policy Report.--Following any action'', and added subsec.
(b).
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(b) \357\ Intelligence Assessment Report.--At such times
that a report is transmitted pursuant to subsection (a), the
Director of Central Intelligence shall promptly prepare and
submit to the Congress a separate report containing any
credible information indicating that the country described in
subsection (a) has engaged in any activity identified under
subparagraph (A), (B), or (C) of section 73(a)(1) within the
previous two years.
SEC. 73B.\358\ AUTHORITY RELATING TO MTCR ADHERENTS.
Notwithstanding section 73(b), the President may take the
actions under section 73(a)(2) under the circumstances
described in section 74(b)(2).
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\358\ 22 U.S.C. 2797b-2. Sec. 1137 of the Arms Control and
Nonproliferation Act of 1999 (title XI of the Admiral James W. Nance
and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000
and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public
Law 106-113; 113 Stat. 1536)) added sec. 73B.
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Sec. 74.\359\ Definitions.
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\359\ 22 U.S.C. 2797c.
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(a) \360\ In General.--For purposes of this chapter--
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\360\ Sec. 1136(a) of the Arms Control and Nonproliferation Act of
1999 (title XI of the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
Stat. 1536)) added subsec. designation and ``In General'' before ``For
purposes of'', and added subsec. (b).
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(1) the term ``missile'' means a category I system as
defined in the MTCR Annex, and any other unmanned
delivery system of similar capability, as well as the
specially designed production facilities for these
systems;
(2) the term ``Missile Technology Control Regime'' or
``MTCR'' means the policy statement, between the United
States, the United Kingdom, the Federal Republic of
Germany, France, Italy, Canada, and Japan, announced on
April 16, 1987, to restrict sensitive missile-relevant
transfers based on the MTCR Annex, and any amendments
thereto;
(3) the term ``MTCR adherent'' means a country that
participates in the MTCR or that, pursuant to an
international understanding to which the United States
is a party, controls MTCR equipment or technology in
accordance with the criteria and standards set forth in
the MTCR;
(4) the term ``MTCR Annex'' means the Guidelines and
Equipment and Technology Annex of the MTCR, and any
amendments thereto;
(5) the terms ``missile equipment or technology'' and
``MTCR equipment or technology'' mean those items
listed in category I or category II of the MTCR Annex;
(6) the term ``United States person'' has the meaning
given that term in section 16(2) of the Export
Administration Act of 1979 (50 U.S.C. App. 2415(2));
(7) the term ``foreign person'' means any person
other than a United States person;
(8)(A) the term ``person'' means a natural person as
well as a corporation, business association,
partnership, society, trust, any other nongovernmental
entity, organization, or group, and any governmental
entity operating as a business enterprise, and any
successor of any such entity; and
(B) in the case of countries with non-market
economies (excluding former members of the Warsaw
Pact),\361\ the term ``person'' means--
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\361\ Popularly referred to as the Helms amendment. Sec. 323(b) of
the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993
(Public Law 102-138; 105 Stat. 711), struck out ``countries where it
may be impossible to identify a specific governmental entity referred
to in subparagraph (A)'' and inserted in lieu thereof ``countries with
non-market economies (excluding former members of the Warsaw Pact)''.
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(i) all activities of that government
relating to the development or production of
any missile equipment or technology; and
(ii) all activities of that government
affecting the development or production of
electronics, space systems or equipment, and
military aircraft; \362\ and
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\362\ Sec. 323(c) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 711), struck
out ``aircraft, electronics, and space systems or equipment'' and
inserted in lieu thereof ``electronics, space systems or equipment, and
military aircraft''.
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(9) the term ``otherwise engaged in the trade of''
means, with respect to a particular export or transfer,
to be a freight forwarder or designated exporting
agent, or a consignee or end user of the item to be
exported or transferred.
(b) \362\ International Understanding Defined.--For
purposes of subsection (a)(3), as it relates to any
international understanding concluded with the United States
after January 1, 2000, the term ``international understanding''
means--
(1) any specific agreement by a country not to
export, transfer, or otherwise engage in the trade of
any MTCR equipment or technology that contributes to
the acquisition, design, development, or production of
missiles in a country that is not an MTCR adherent and
would be, if it were United States-origin equipment or
technology, subject to the jurisdiction of the United
States under this Act; or
(2) any specific understanding by a country that,
notwithstanding section 73(b) of this Act, the United
States retains the right to take the actions under
section 73(a)(2) of this Act in the case of any export
or transfer of any MTCR equipment or technology that
contributes to the acquisition, design, development, or
production of missiles in a country that is not an MTCR
adherent and would be, if it were United States-origin
equipment or technology, subject to the jurisdiction of
the United States under this Act.
CHAPTER 8--CHEMICAL OR BIOLOGICAL WEAPONS PROLIFERATION \363\
SEC. 81.\364\, \365\ SANCTIONS AGAINST CERTAIN
FOREIGN PERSONS.
(a) Imposition of Sanctions.--
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\363\ Two forms of the Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991 were enacted in 1991. Sec. 505(b) of
the first Chemical and Biological Weapons Control and Warfare
Elimination Act of 1991 (title V of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993; Public Law 102-138; 105 Stat. 727)
added chapter 8, sec. 81.
Sec. 305(b) of the second Chemical and Biological Weapons Control
and Warfare Elimination Act of 1991 (title III of Public Law 102-182;
105 Stat. 1245) also inserted a new chapter 8, section 81 at this
point.
Subsequently, sec. 309(a) of the second Chemical and Biological
Weapons Control and Warfare Elimination Act of 1991 (title III of
Public Law 102-182; 105 Stat. 1245) repealed title V of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993 (the first
Chemical and Biological Weapons Control and Warfare Elimination Act),
and all amendments made therein.
\364\ 22 U.S.C. 2798.
\365\ Executive Order 12851 of June 11, 1993 (58 F.R. 33181)
provided for the administration of proliferation sanctions, Middle East
Arms Control, and related congressional reporting requirements,
including the following:
``Section 1. Chemical and Biological Weapons Proliferation and Use
Sanctions. (a) Chemical and Biological Weapons Proliferation. The
authority and duties vested in me by section 81 of the Arms Export
Control Act, as amended (`AECA') (22 U.S.C. 2798), and section 11C of
the Export Administration Act of 1979, as amended (`EAA') (50 U.S.C.
App. 2410c), are delegated to the Secretary of State, except that:
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``(1) The authority and duties vested in me to deny certain United States
Government contracts, as provided in section 81(c)(1)(A) of the AECA and
section 11C(c)(1)(A) of the EAA, pursuant to a determination made by the
Secretary of State under section 81(a)(1) of the AECA or section 11C(a)(1)
of the EAA, as well as the authority and duties vested in me to make the
determinations provided for in section 81(c)(2) of the AECA and section
11C(c)(2) of the EAA are delegated to the Secretary of Defense. The
Secretary of Defense shall notify the Secretary of the Treasury of
determinations made pursuant to section 81(c)(2) of the AECA and section
11(c)(2) of the EAA).
``(2) The authority and duties vested in me to prohibit certain imports
as provided in section 81(c)(1)(B) of the AECA and section 11C(c)(1)(B) of
the EAA, pursuant to a determination made by the Secretary of State under
section 81(a)(1) of the AECA or section 11C(a)(1) of the EAA, and the
obligation to implement the exceptions provided in section 81(c)(2) of the
AECA and section 11C(c)(2) of the EAA, insofar as the exceptions affect
imports of goods into the United States, are delegated to the Secretary of
the Treasury.''
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On February 4, 2003, the Department of State determined that
entities of Indian origin had engaged in proliferation activities that
were in violation of sec. 81 of this Act and the Export Administration
Act (Department of State Public Notice 4280; 68 F.R. 8068).
On July 19, 2002, the Department of State determined that numerous
entities in China and one of Indian origin had engaged in proliferation
activities that were in violation of sec. 81 of this Act, the Export
Administration Act, and the Iran-Iraq Arms Nonproliferation Act of 1992
(Department of State Public Notice 4071; 67 F.R. 48696).
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(1) Determination by the president.--Except as
provided in subsection (b)(2), the President shall
impose both of the sanctions described in subsection
(c) if the President determines that a foreign person,
on or after the date of the enactment of this
section,\366\ has knowingly and materially
contributed--
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\366\ Sec. 309(a)(2) of Public Law 102-182 (105 Stat. 1258)
provides that ``the `date of the enactment of this section' * * * shall
be deemed to refer to the date of the enactment of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law
102-138)'', which was enacted on October 28, 1991.
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(A) through the export from the United States
of any goods or technology that are subject to
the jurisdiction of the United States,
(B) through the export from any other country
of any goods or technology that would be, if
they were United States goods or technology,
subject to the jurisdiction of the United
States, or
(C) through any other transaction not subject
to sanctions pursuant to the Export
Administration Act of 1979,
to the efforts by any foreign country, project, or
entity described in paragraph (2) to use, develop,
produce, stockpile, or otherwise acquire chemical or
biological weapons.
(2) Countries, projects, or entities receiving
assistance.--Paragraph (1) applies in the case of--
(A) any foreign country that the President
determines has, at any time after January 1,
1980--
(i) used chemical or biological
weapons in violation of international
law;
(ii) used lethal chemical or
biological weapons against its own
nationals; or
(iii) made substantial preparations
to engage in the activities described
in clause (i) or (ii);
(B) any foreign country whose government is
determined for purposes of section 6(j) of the
Export Administration Act of 1979 (50 U.S.C.
2405(j)) to be a government that has repeatedly
provided support for acts of international
terrorism; or
(C) any other foreign country, project, or
entity designated by the President for purposes
of this section.
(3) Persons against whom sanctions are to be
imposed.--Sanctions shall be imposed pursuant to
paragraph (1) on--
(A) the foreign person with respect to which
the President makes the determination described
in that paragraph;
(B) any successor entity to that foreign
person;
(C) any foreign person that is a parent or
subsidiary of that foreign person if that
parent or subsidiary knowingly assisted in the
activities which were the basis of that
determination; and
(D) any foreign person that is an affiliate
of that foreign person if that affiliate
knowingly assisted in the activities which were
the basis of that determination and if that
affiliate is controlled in fact by that foreign
person.
(b) Consultations With and Actions by Foreign Government of
Jurisdiction.--
(1) Consultations.--If the President makes the
determinations described in subsection (a)(1) with
respect to a foreign person, the Congress urges the
President to initiate consultations immediately with
the government with primary jurisdiction over that
foreign person with respect to the imposition of
sanctions pursuant to this section.
(2) Actions by government of jurisdiction.--In order
to pursue such consultations with that government, the
President may delay imposition of sanctions pursuant to
this section for a period of up to 90 days. Following
these consultations, the President shall impose
sanctions unless the President determines and certifies
to the Congress that that government has taken specific
and effective actions, including appropriate penalties,
to terminate the involvement of the foreign person in
the activities described in subsection (a)(1). The
President may delay imposition of sanctions for an
additional period of up to 90 days if the President
determines and certifies to the Congress that that
government is in the process of taking the actions
described in the preceding sentence.
(3) Report to congress.--The President shall report
to the Congress, not later than 90 days after making a
determination under subsection (a)(1), on the status of
consultations with the appropriate government under
this subsection, and the basis for any determination
under paragraph (2) of this subsection that such
government has taken specific corrective actions.
(c) Sanctions.--
(1) Description of sanctions.--The sanctions to be
imposed pursuant to subsection (a)(1) are, except as
provided in paragraph (2) of this subsection, the
following:
(A) Procurement sanction.--The United States
Government shall not procure, or enter into any
contract for the procurement of, any goods or
services from any person described in
subsection (a)(3).
(B) Import sanctions.--The importation into
the United States of products produced by any
person described in subsection (a)(3) shall be
prohibited.
(2) Exceptions.--The President shall not be required
to apply or maintain sanctions under this section--
(A) in the case of procurement of defense
articles or defense services--
(i) under existing contracts or
subcontracts, including the exercise of
options for production quantities to
satisfy United States operational
military requirements;
(ii) if the President determines that
the person or other entity to which the
sanctions would otherwise be applied is
a sole source supplier of the defense
articles or services, that the defense
articles or services are essential, and
that alternative sources are not
readily or reasonably available; or
(iii) if the President determines
that such articles or services are
essential to the national security
under defense coproduction agreements;
(B) to products or services provided under
contracts entered into before the date on which
the President publishes his intention to impose
sanctions;
(C) to--
(i) spare parts,
(ii) component parts, but not
finished products, essential to United
States products or production, or
(iii) routine servicing and
maintenance of products, to the extent
that alternative sources are not
readily or reasonably available;
(D) to information and technology essential
to United States products or production; or
(E) to medical or other humanitarian items.
(d) Termination of Sanctions.--The sanctions imposed pursuant
to this section shall apply for a period of at least 12 months
following the imposition of sanctions and shall cease to apply
thereafter only if the President determines and certifies to
the Congress that reliable information indicates that the
foreign person with respect to which the determination was made
under subsection (a)(1) has ceased to aid or abet any foreign
government, project, or entity in its efforts to acquire
chemical or biological weapons capability as described in that
subsection.
(e) Waiver.--
(1) Criterion for waiver.--The President may waive
the application of any sanction imposed on any person
pursuant to this section, after the end of the 12-month
period beginning on the date on which that sanction was
imposed on that person, if the President determines and
certifies to the Congress that such waiver is important
to the national security interests of the United
States.
(2) Notification of and report to congress.--If the
President decides to exercise the waiver authority
provided in paragraph (1), the President shall so
notify the Congress not less than 20 days before the
waiver takes effect. Such notification shall include a
report fully articulating the rationale and
circumstances which led the President to exercise the
waiver authority.
(f) Definition of Foreign Person.--For the purposes of this
section, the term ``foreign person'' means--
(1) an individual who is not a citizen of the United
States or an alien admitted for permanent residence to
the United States; or
(2) a corporation, partnership, or other entity which
is created or organized under the laws of a foreign
country or which has its principal place of business
outside the United States.
CHAPTER 9--TRANSFER OF CERTAIN CFE TREATY-LIMITED EQUIPMENT TO NATO
MEMBERS \367\
SEC. 91.\368\ PURPOSE.
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\367\ Sec. 2 of the Conventional Forces in Europe Treaty
Implementation Act of 1991 (Public Law 102-228; 105 Stat. 1691) added
chapter 9, secs. 91 through 95.
\368\ 22 U.S.C. 2799.
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The purpose of this chapter is to authorize the President
to support, consistent with the CFE Treaty, a NATO equipment
transfer program that will--
(1) enhance NATO's forces,
(2) increase NATO standardization and
interoperability, and
(3) better distribute defense burdens within the NATO
alliance.
SEC. 92.\369\ CFE TREATY OBLIGATIONS.
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\369\ 22 U.S.C. 2799a.
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The authorities provided in this chapter shall be exercised
consistent with the obligations incurred by the United States
in connection with the CFE Treaty.
SEC. 93.\370\ AUTHORITIES.
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\370\ 22 U.S.C. 2799b.
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(a) \371\ General Authority.--The President may transfer to
any NATO/CFE country, in accordance with NATO plans, defense
articles--
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\371\ In a Memorandum of February 13, 1992, the President delegated
``to the Secretary of Defense the functions vested in me by section
93(a) and section 94 of the Arms Export Control Act, as amended (`the
Act'), and to the Secretary of State the functions vested in me by
section 93(f) of the Act. Consistent with section 2 of the Act,
transfers of defense articles under section 93(a) shall be subject to
the policy direction of the Secretary of State, including the
determination of whether such transfers shall occur.'' (57 F.R. 6663;
February 27, 1992).
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(1) that are battle tanks, armoured combat vehicles,
or artillery included within the CFE Treaty's
definition of ``conventional armaments and equipment
limited by the Treaty'';
(2) that were, as of the date of signature of the CFE
Treaty, in the stocks of the Department of Defense and
located in the CFE Treaty's area of application; and
(3) that the President determines are not needed by
United States military forces within the CFE Treaty's
area of application.
(b) Acceptance of NATO Assistance in Eliminating Direct
Costs of Transfers.--In order to eliminate direct costs of
facilitating transfers of defense articles under subsection
(a), the United States may utilize services provided by NATO or
any NATO/CFE country, including inspection, repair, or
transportation services with respect to defense articles so
transferred.
(c) Acceptance of NATO Assistance in Meeting Certain United
States Obligations.--In order to facilitate United States
compliance with the CFE Treaty-mandated obligations for
destruction of conventional armaments and equipment limited by
the CFE Treaty, the United States may utilize services or funds
provided by NATO or any NATO/CFE country.
(d) Authority To Transfer on a Grant Basis.--Defense
articles may be transferred under subsection (a) without cost
to the recipient country.
(e) Third Country Transfers Restrictions.--For purposes of
sections 3(a)(2), 3(a)(3), 3(c), and 3(d) of this Act, defense
articles transferred under subsection (a) of this section shall
be deemed to have been sold under this Act.
(f) \371\ Maintenance of Military Balance in the Eastern
Mediterranean.--The President shall ensure that transfers by
the United States under subsection (a), taken together with
transfers by other NATO/CFE countries in implementing the CFE
Treaty, are of such valuations so as to be consistent with the
United States policy, embodied in section 620C of the Foreign
Assistance Act of 1961, of maintaining the military balance in
the Eastern Mediterranean.
(g) Expiration of Authority.--
(1) In general.--Except as provided in paragraph (2),
the authority of subsection (a) expires at the end of
the 40-month period beginning on the date on which the
CFE Treaty enters into force.
(2) Transition rule.--Paragraph (1) does not apply
with respect to a transfer of defense articles for
which notification under section 94(a) is submitted
before the end of the period described in that
paragraph.
SEC. 94.\371\, \372\ NOTIFICATIONS AND REPORTS TO CONGRESS.
---------------------------------------------------------------------------
\372\ 22 U.S.C. 2799c.
---------------------------------------------------------------------------
(a) Notifications.--Not less than 15 days before
transferring any defense articles pursuant to section 93(a),
the President shall notify the Committee on Foreign Affairs
\373\ of the House of Representatives and the Committee on
Foreign Relations of the Senate in accordance with the
procedures applicable to reprogramming notifications pursuant
to section 634A of the Foreign Assistance Act of 1961.
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\373\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(b) Annual Reports.--Not later than February 1 each year,
the President shall submit to the Committee on Foreign Affairs
\373\ and the Committee on Armed Services \374\ of the House of
Representatives and the Committee on Foreign Relations and the
Committee on Armed Services of the Senate a report that--
---------------------------------------------------------------------------
\374\ 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.
---------------------------------------------------------------------------
(1) lists all transfers made to each recipient NATO/
CFE country by the United States under section 93(a)
during the preceding calendar year;
(2) describes how those transfers further the
purposes described in paragraphs (1) through (3) of
section 91; and
(3) lists, on a country-by-country basis, all
transfers to another country of conventional armaments
and equipment limited by the CFE Treaty--
(A) by each NATO/CFE country (other than the
United States) in implementing the CFE Treaty,
and
(B) by each country of the Eastern Group of
States Parties \375\ in implementing the CFE
Treaty.
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\375\ Sec. 402(1) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2317) struck out ``Warsaw Pact country'' and inserted in lieu
thereof ``country of the Eastern Group of States Parties''.
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SEC. 95.\376\ DEFINITIONS.
---------------------------------------------------------------------------
\376\ 22 U.S.C. 2799d.
---------------------------------------------------------------------------
As used in this chapter--
(1) the term ``CFE Treaty'' means the Treaty on
Conventional Armed Forces in Europe (signed at Paris,
November 19, 1990);
(2) the term ``conventional armaments and equipment
limited by the CFE Treaty'' has the same meaning as the
term ``conventional armaments and equipment limited by
the Treaty'' does under paragraph 1(J) of article II of
the CFE Treaty;
(3) the term ``NATO'' means the North Atlantic Treaty
Organization;
(4) the term ``NATO/CFE country'' means a member
country of NATO that is a party to the CFE Treaty and
is listed in paragraph 1(A) of article II of the CFE
Treaty within the group of States Parties that signed
or acceded to the Treaty of Brussels of 1948 or the
Treaty of Washington of 1949 (the North Atlantic
Treaty); and
(5) the term ``country of the Eastern Group of States
Parties'' \377\ means a country that is listed in
paragraph 1(A) of article II of the CFE Treaty within
the group of States Parties that signed the Treaty of
Warsaw of 1955 or a successor state to such a
country.\378\
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\377\ Sec. 402(2)(A) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2317) struck out ``Warsaw Pact country'' and inserted in lieu
thereof ``country of the Eastern Group of States Parties''.
\378\ Sec. 402(2)(B) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2317) inserted ``or a successor state to such a country''.
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CHAPTER 10--NUCLEAR NONPROLIFERATION CONTROLS \379\
SEC. 101.\380\,\381\ NUCLEAR ENRICHMENT TRANSFERS.
(a) Prohibitions; Safeguards and Management.--Except as
provided in subsection (b) of this section, no funds made
available to carry out the Foreign Assistance Act of 1961 or
this Act may be used for the purpose of providing economic
assistance (including assistance under chapter 4 of part II of
the Foreign Assistance Act of 1961), providing military
assistance or grant military education and training, providing
assistance under chapter 6 of part II of that Act, or extending
military credits or making guarantees, to any country which the
President determines delivers nuclear enrichment equipment,
materials, or technology to any other country on or after
August 4, 1977, or receives such equipment, materials, or
technology from any other country on or after August 4, 1977,
unless before such delivery--
---------------------------------------------------------------------------
\379\ Sec. 826(a) of the Nuclear Proliferation Prevention Act of
1994 (title VIII of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995; Public Law 103-236; 108 Stat. 515) added chapter
10, sections 101, 102, and 103.
\380\ 22 U.S.C. 2799aa. See determinations set out in footnotes in
sec. 102(b)(1).
Popularly referred to as the Symington amendment. Similar language
was originally enacted as sec. 669 of the Foreign Assistance Act of
1961, and codified at 22 U.S.C. 2429, by sec. 305 of Public Law 94-329.
Sec. 669 was amended and restated by sec. 12 of the International
Security Assistance Act of 1977 (Public Law 95-92; 91 Stat. 620),
further amended by secs. 10(b)(4) and 12 of the International Security
Assistance Act of 1978 (Public Law 95-384; 92 Stat. 735, 737); and
further amended by sec. 737(b) of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1562).
Secs. 669 and 670 were repealed by sec. 826(b) of the Nuclear
Proliferation Prevention Act of 1994 (title VIII of the Foreign
Relations Authorization Act; Public Law 103-236; 108 Stat. 519), after
section 826(a) of that Act enacted two new sections into the Arms
Export Control Act (secs. 101 and 102; at 22 U.S.C. 2799aa and 2799aa-
1) to state nuclear nonproliferation controls.
\381\ On September 10, 2004, the President determined:
---------------------------------------------------------------------------
``* * * that Libya received nuclear enrichment equipment, material, or
technology after August 4, 1977. I hereby determine and certify that the
continued termination of assistance, as required by this section, would
have a serious adverse effect on vital United States interests and that I
have received reliable assurances that Libya will not acquire or develop
nuclear weapons or assist other nations in doing so.
``Pursuant to section 102(b) of the Arms Export Control Act, I hereby
determine that Libya, a non-nuclear weapon state, sought and received
design information that I determine to be important to, and intended by
Libya for use in, the development or manufacture of a nuclear explosive
device. I hereby determine and certify that the application of sanctions,
as required by this section, would have a serious adverse effect on vital
United States interests.
``Pursuant to section 2(b)(4) of the Export-Import Bank Act of 1945, as
amended, I hereby determine and certify that it is in the national interest
for the Export-Import Bank to guarantee, insure, or extend credit, or
participate in the extension of credit in support of United States exports
to Libya.''. (Presidential Determination No. 2004-44; September 10, 2004;
69 F.R. 56153).
(1) the supplying country and receiving country have
reached agreement to place all such equipment,
materials, or technology, upon delivery, under
multilateral auspices and management when available;
and
(2) the recipient country has entered into an
agreement with the International Atomic Energy Agency
to place all such equipment, materials, technology, and
all nuclear fuel and facilities in such country under
the safeguards system of such Agency.
(b) Certification by President of Necessity of Continued
Assistance; Disapproval by Congress.--(1) Notwithstanding
subsection (a) of this section, the President may furnish
assistance which would otherwise be prohibited under such
subsection if he determines and certifies in writing to the
Speaker of the House of Representatives and the Committee on
Foreign Relations of the Senate that--
(A) the termination of such assistance would have a
serious adverse effect on vital United States
interests; and
(B) he has received reliable assurances that the
country in question will not acquire or develop nuclear
weapons or assist other nations in doing so.
Such certification shall set forth the reasons supporting such
determination in each particular case.
(2)(A) A certification under paragraph (1) of this
subsection shall take effect on the date on which the
certification is received by the Congress. However, if, within
thirty calendar days after receiving this certification, the
Congress enacts a joint resolution stating in substance that
the Congress disapproves the furnishing of assistance pursuant
to the certification, then upon the enactment of that
resolution the certification shall cease to be effective and
all deliveries of assistance furnished under the authority of
that certification shall be suspended immediately.
(B) Any joint resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
SEC. 102.\379\, \382\ NUCLEAR REPROCESSING TRANSFERS,
ILLEGAL EXPORTS FOR NUCLEAR EXPLOSIVE DEVICES,
TRANSFERS OF NUCLEAR EXPLOSIVE DEVICES, AND NUCLEAR
DETONATIONS.
(a) Prohibitions on Assistance to Countries Involved in
Transfer of Nuclear Reprocessing Equipment, Materials, or
Technology; Exceptions; Procedures Applicable.--(1) Except as
provided in paragraph (2) of this subsection, no funds made
available to carry out the Foreign Assistance Act of 1961 or
this Act may be used for the purpose of providing economic
assistance (including assistance under chapter 4 of part II of
the Foreign Assistance Act of 1961), providing military
assistance or grant military education and training, providing
assistance under chapter 6 of part II of that Act, or extending
military credits or making guarantees, to any country which the
President determines--
---------------------------------------------------------------------------
\382\ 22 U.S.C. 2799aa-1. Popularly referred to as the Glenn
amendment. Similar language was originally enacted as sec. 670 of the
Foreign Assistance Act of 1961, and codified at 22 U.S.C. 2429a, by
sec. 12 of Public Law 95-92 (91 Stat. 620); amended and restated by
sec. 737(c) of the International Security and Development Cooperation
Act of 1981 (Public Law 97-113; 95 Stat. 1562); and further amended by
sec. 1204 of the International Security and Development Cooperation Act
of 1985 (Public Law 99-83; 99 Stat. 277). Sec. 670 (and sec. 669) were
repealed by sec. 826(b) of the Nuclear Proliferation Prevention Act of
1994 (title VIII of the Foreign Relations Authorization Act; Public Law
103-236; 108 Stat. 519), after section 826(a) of that Act enacted two
new sections into the Arms Export Control Act (secs. 101 and 102; at 22
U.S.C. 2799aa and 2799aa-1) to state nuclear nonproliferation controls.
---------------------------------------------------------------------------
(A) delivers nuclear reprocessing equipment,
materials, or technology to any other country on or
after August 4, 1977, or receives such equipment,
materials, or technology from any other country on or
after August 4, 1977 (except for the transfer of
reprocessing technology associated with the
investigation, under international evaluation programs
in which the United States participates, of
technologies which are alternatives to pure plutonium
reprocessing), or
(B) is a non-nuclear-weapon state which, on or after
August 8, 1985, exports illegally (or attempts to
export illegally) from the United States any material,
equipment, or technology which would contribute
significantly to the ability of such country to
manufacture a nuclear explosive device, if the
President determines that the material, equipment, or
technology was to be used by such country in the
manufacture of a nuclear explosive device.
For purposes of clause (B), an export (or attempted export) by
a person who is an agent of, or is otherwise acting on behalf
of or in the interests of, a country shall be considered to be
an export (or attempted export) by that country.
(2) \383\ Notwithstanding paragraph (1) of this subsection,
the President in any fiscal year may furnish assistance which
would otherwise be prohibited under that paragraph if he
determines and certifies in writing during that fiscal year to
the Speaker of the House of Representatives and the Committee
on Foreign Relations of the Senate that the termination of such
assistance would be seriously prejudicial to the achievement of
United States nonproliferation objectives or otherwise
jeopardize the common defense and security. The President shall
transmit with such certification a statement setting forth the
specific reasons therefor.
---------------------------------------------------------------------------
\383\ The President delegated the functions authorized in sec.
101(a)(2) to the Secretary of State in sec. 1(a)(iii) of Executive
Order 13346 of July 8, 2004 (69 F.R. 41905).
---------------------------------------------------------------------------
(3)(A) A certification under paragraph (2) of this
subsection shall take effect on the date on which the
certification is received by the Congress. However, if, within
30 calendar days after receiving this certification, the
Congress enacts a joint resolution stating in substance that
the Congress disapproves the furnishing of assistance pursuant
to the certification, then upon the enactment of that
resolution the certification shall cease to be effective and
all deliveries of assistance furnished under the authority of
that certification shall be suspended immediately.
(B) Any joint resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
(b) Prohibitions on Assistance to Countries Involved in
Transfer or Use of Nuclear Explosive Devices; Exceptions;
Procedures Applicable.--(1) \384\ Except as provided in
paragraphs (4), (5), and (6), in the event that the President
determines that any country, after the effective date of part B
of the Nuclear Proliferation Prevention Act of 1994--
---------------------------------------------------------------------------
\384\ Sec. 1405 of the Supplemental Appropriations Act, 2008
(Public Law 110-252; 122 Stat. 2337), provided the following:
---------------------------------------------------------------------------
``waiver of certain sanctions against north korea
---------------------------------------------------------------------------
``Sec. 1405. (a) Waiver Authority.--
---------------------------------------------------------------------------
``(1) In general.--Except as provided in subsection (b), the President
may waive in whole or in part, with respect to North Korea, the application
of any sanction contained in subparagraph (A), (B), (D) or (G) under
section 102(b)(2) of the Arms Export Control Act (22 U.S.C. 2799aa-1(b)),
for the purpose of providing assistance related to--
``(A) the implementation and verification of the compliance by North
Korea with its commitment, undertaken in the Joint Statement of September
19, 2005, to abandon all nuclear weapons and existing nuclear programs as
part of the verifiable denuclearization of the Korean Peninsula; and
``(B) the elimination of the capability of North Korea to develop,
deploy, transfer, or maintain weapons of mass destruction and their
delivery systems.
``(2) Limitation.--The authority under paragraph (1) shall expire 5 years
after the date of enactment of this Act.
---------------------------------------------------------------------------
``(b) Exceptions.--
---------------------------------------------------------------------------
``(1) Limited exception related to certain sanctions and prohibitions.--
The authority under subsection (a) shall not apply with respect to a
sanction or prohibition under subparagraph (B) or (G) of section 102(b)(2)
of the Arms Export Control Act, unless the President determines and
certifies to the appropriate congressional committees that--
``(A) all reasonable steps will be taken to assure that the articles or
services exported or otherwise provided will not be used to improve the
military capabilities of the armed forces of North Korea; and
``(B) such waiver is in the national security interests of the United
States.
``(2) Limited exception related to certain activities.--Unless the
President determines and certifies to the appropriate congressional
committees that using the authority under subsection (a) is vital to the
national security interests of the United States, such authority shall not
apply with respect to--
``(A) an activity described in subparagraph (A) of section 102(b)(1) of
the Arms Export Control Act that occurs after September 19, 2005, and
before the date of the enactment of this Act;
``(B) an activity described in subparagraph (C) of such section that
occurs after September 19, 2005; or
``(C) an activity described in subparagraph (D) of such section that
occurs after the date of enactment of this Act.
``(3) Exception related to certain activities occurring after date of
enactment.--The authority under subsection (a) shall not apply with respect
to an activity described in subparagraph (A) or (B) of section 102(b)(1) of
the Arms Export Control Act that occurs after the date of the enactment of
this Act.
``(4) Limited exception related to lethal weapons.--The authority under
subsection (a) shall not apply with respect to any export of lethal defense
articles that would be prevented by the application of section 102(b)(2) of
the Arms Export Control Act.
---------------------------------------------------------------------------
``(c) Notifications and Reports.--
---------------------------------------------------------------------------
``(1) Congressional notification.--The President shall notify the
appropriate congressional committees in writing not later than 15 days
before exercising the waiver authority under subsection (a).
``(2) Annual report.--Not later than January 31, 2009, and annually
thereafter, the President shall submit to the appropriate congressional
committees a report that--
``(A) lists all waivers issued under subsection (a) during the preceding
year;
``(B) describes in detail the progress that is being made in the
implementation of the commitment undertaken by North Korea, in the Joint
Statement of September 19, 2005, to abandon all nuclear weapons and
existing nuclear programs as part of the verifiable denuclearization of the
Korean Peninsula;
``(C) discusses specifically any shortcomings in the implementation by
North Korea of that commitment; and
``(D) lists and describes the progress and shortcomings, in the preceding
year, of all other programs promoting the elimination of the capability of
North Korea to develop, deploy, transfer, or maintain weapons of mass
destruction or their delivery systems.
``(3) Report on verification measures relating to north korea's nuclear
programs.--
``(A) In general.--Not later than 15 days after the date of enactment of
this Act, the Secretary of State shall submit to the appropriate
congressional committees a report on verification measures relating to
North Korea's nuclear programs under the Six-Party Talks Agreement of
February 13, 2007, with specific focus on how such verification measures
are defined under the Six-Party Talks Agreement and understood by the
United States Government.
``(B) Matters to be included.--The report required under subsection (A)
shall include, among other elements, a description of--
``(i) how the United States will confirm that North Korea
has `provided a complete and correct declaration of all of
its nuclear programs';
``(ii) how the United States will maintain a high and
ongoing level of confidence that North Korea has fully met
the terms of the Six-Party Talks Agreement relating to its
nuclear programs;
``(iii) any diplomatic agreement with North Korea
regarding verification measures relating to North Korea's
nuclear programs under the Six-Party Talks Agreement (other
than implementing arrangements made during on-site
operations); and
``(iv) any significant and continuing disagreement with
North Korea regarding verification measures relating to North
Korea's nuclear programs under the Six-Party Talks Agreement.
``(C) Form.--The report required under subsection (A) shall be submitted
in unclassified form, but may include a classified annex.
---------------------------------------------------------------------------
``(d) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means--
---------------------------------------------------------------------------
``(1) the Committees on Appropriations, Armed Services, and Foreign
Relations of the Senate; and
``(2) the Committees on Appropriations, Armed Services, and Foreign
Affairs of the House of Representatives.''.
---------------------------------------------------------------------------
On December 7, 2006, the President determined ``that North Korea, a
non-nuclear-weapon state, detonated a nuclear explosive device on
October 9, 2006. The relevant agencies and instrumentalities of the
United States Government are hereby directed to take the necessary
actions to impose on North Korea the sanctions described in section
102(b)(2) of the Arms Export Control Act, as amended (22 U.S.C. 2799aa-
1), and section 129 of the Atomic Energy Act of 1954, as amended (42
U.S.C. 2158).'' (Presidential Determination No. 2007-7; 72 F.R. 1899).
On September 10, 2004, the President determined:
---------------------------------------------------------------------------
``* * * that Libya received nuclear enrichment equipment, material, or
technology after August 4, 1977. I hereby determine and certify that the
continued termination of assistance, as required by this section, would
have a serious adverse effect on vital United States interests and that I
have received reliable assurances that Libya will not acquire or develop
nuclear weapons or assist other nations in doing so.
``Pursuant to section 102(b) of the Arms Export Control Act, I hereby
determine that Libya, a non-nuclear weapon state, sought and received
design information that I determine to be important to, and intended by
Libya for use in, the development or manufacture of a nuclear explosive
device. I hereby determine and certify that the application of sanctions,
as required by this section, would have a serious adverse effect on vital
United States interests.
``Pursuant to section 2(b)(4) of the Export-Import Bank Act of 1945, as
amended, I hereby determine and certify that it is in the national interest
for the Export-Import Bank to guarantee, insure, or extend credit, or
participate in the extension of credit in support of United States exports
to Libya.''. (Presidential Determination No. 2004-44; September 10, 2004;
69 F.R. 56153).
---------------------------------------------------------------------------
On May 13, 1998, the President determined ``that India, a non-
nuclear-weapon state, detonated a nuclear explosive device on May 11,
1998. The relevant agencies and instrumentalities of the United States
Government are hereby directed to take the necessary actions to impose
the sanctions described in section 102(b)(2) * * *'' (Presidential
Determination 98-22 of May 13, 1998; 63 F.R. 27665). In support of that
determination, the Department of State issued Public Notice 2825 (63
F.R. 27781; May 15, 1998), to revoke all ``licenses and other approvals
to export or otherwise transfer defense articles and defense services
from the United States to India, or transfer U.S. origin defense
articles and defense services from a foreign destination to India, or
temporarily import defense articles from India pursuant to Section 38
of the Arms Export Control Act * * *''.
On May 30, 1998, the President determined ``that Pakistan, a non-
nuclear-weapon state, detonated a nuclear explosive device on May 28,
1998. The relevant agencies and instrumentalities of the United States
Government are hereby directed to take the necessary actions to impose
the sanctions described in section 102(b)(2) * * *'' (Presidential
Determination 98-25 of May 30, 1998; 63 F.R. 31881). In support of that
determination, the Department of State issued Public Notice 2835 (63
F.R. 33122; May 30, 1998), to revoke all ``licenses and other approvals
to export or otherwise transfer defense articles and defense services
from the United States to Pakistan, or transfer U.S. origin defense
articles and defense services from a foreign destination to Pakistan,
or temporarily import defense articles from Pakistan pursuant to
Section 38 of the Arms Export Control Act * * *''.
For more on legislative and executive branch actions relating to
the 1998 tests, see notes at sec. 620E of the Foreign Assistance Act of
1961.
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(A) transfers to a non-nuclear-weapon state a nuclear
explosive device,
(B) is a non-nuclear-weapon state and either--
(i) receives a nuclear explosive device, or
(ii) detonates a nuclear explosive device,
(C) transfers to a non-nuclear-weapon state any
design information or component which is determined by
the President to be important to, and known by the
transferring country to be intended by the recipient
state for use in, the development or manufacture of any
nuclear explosive device, or
(D) is a non-nuclear-weapon state and seeks and
receives any design information or component which is
determined by the President to be important to, and
intended by the recipient state for use in, the
development or manufacture of any nuclear explosive
device,
then the President shall forthwith report in writing his
determination to the Congress and shall forthwith impose the
sanctions described in paragraph (2) against that country.
(2) The sanctions referred to in paragraph (1) are as
follows:
(A) The United States Government shall terminate
assistance to that country under the Foreign Assistance
Act of 1961, except for humanitarian assistance or food
or other agricultural commodities.
(B) The United States Government shall terminate--
(i) sales to that country under this Act of
any defense articles, defense services, or
design and construction services, and
(ii) licenses for the export to that country
of any item on the United States Munitions
List.
(C) The United States Government shall terminate all
foreign military financing for that country under this
Act.
(D) The United States Government shall deny to that
country any credit, credit guarantees, or other
financial assistance by any department, agency, or
instrumentality of the United States Government, except
that the sanction of this subparagraph shall not
apply--
(i) to any transaction subject to the
reporting requirements of title V of the
National Security Act of 1947 (relating to
congressional oversight of intelligence
activities),\385\
---------------------------------------------------------------------------
\385\ Sec. 2(a) of the Agriculture Export Relief Act of 1998
(Public Law 105-194; 112 Stat. 627) struck out ``or'' at the end of
clause (i); struck out a period at the end of clause (ii) and inserted
in lieu thereof ``, or''; and added clause (iii). Subsecs. (d) and (e)
of that section further provided:
``(d) Application of Amendments.--The amendment made by subsection
(a)(3) shall apply to any credit, credit guarantee, or other financial
assistance provided by the Department of Agriculture before, on, or
after the date of enactment of this Act through September 30, 1999.
``(e) Effect on Existing Sanctions.--Any sanction imposed under
section 102(b)(1) of the Arms Export Control Act before the date of the
enactment of this Act shall cease to apply upon that date with respect
to the items described in the amendments made by subsections (b) and
(c). In the case of the amendment made by subsection (a)(3), any
sanction imposed under section 102(b)(1) of the Arms Export Control Act
before the date of the enactment of this Act shall not be in effect
during the period beginning on that date and ending on September 30,
1999, with respect to the activities and items described in the
amendment.''.
---------------------------------------------------------------------------
(ii) to medicines, medical equipment, and
\386\ humanitarian assistance, or \385\
---------------------------------------------------------------------------
\386\ Sec. 2(c) of the Agriculture Export Relief Act of 1998
(Public Law 105-194; 112 Stat. 627) inserted ``medicines, medical
equipment, and'' after ``to''. Subsec. (e) of that section further
provided:
``(e) Effect on Existing Sanctions.--Any sanction imposed under
section 102(b)(1) of the Arms Export Control Act before the date of the
enactment of this Act shall cease to apply upon that date with respect
to the items described in the amendments made by subsections (b) and
(c). In the case of the amendment made by subsection (a)(3), any
sanction imposed under section 102(b)(1) of the Arms Export Control Act
before the date of the enactment of this Act shall not be in effect
during the period beginning on that date and ending on September 30,
1999, with respect to the activities and items described in the
amendment.''.
---------------------------------------------------------------------------
(iii) \385\ to any credit, credit guarantee,
or financial assistance provided by the
Department of Agriculture to support the
purchase of food or other agricultural
commodity.
(E) The United States Government shall oppose, in
accordance with section 701 of the International
Financial Institutions Act (22 U.S.C. 262d), the
extension of any loan or financial or technical
assistance to that country by any international
financial institution.
(F) The United States Government shall prohibit any
United States bank from making any loan or providing
any credit to the government of that country, except
for loans or credits for the purpose of purchasing food
or other agricultural commodities, which includes
fertilizer.\387\
---------------------------------------------------------------------------
\387\ Sec. 2(b) of the Agriculture Export Relief Act of 1998
(Public Law 105-194; 112 Stat. 627) struck out the period at the end of
subpara. (F) and inserted in lieu thereof ``, which includes
fertilizer.''. Subsec. (e) of that section also provided the following:
``(e) Effect on Existing Sanctions.--Any sanction imposed under
section 102(b)(1) of the Arms Export Control Act before the date of the
enactment of this Act shall cease to apply upon that date with respect
to the items described in the amendments made by subsections (b) and
(c). In the case of the amendment made by subsection (a)(3), any
sanction imposed under section 102(b)(1) of the Arms Export Control Act
before the date of the enactment of this Act shall not be in effect
during the period beginning on that date and ending on September 30,
1999, with respect to the activities and items described in the
amendment.''.
---------------------------------------------------------------------------
(G) The authorities of section 6 of the Export
Administration Act of 1979 shall be used to prohibit
exports to that country of specific goods and
technology (excluding food and other agricultural
commodities), except that such prohibition shall not
apply to any transaction subject to the reporting
requirements of title V of the National Security Act of
1947 (relating to congressional oversight of
intelligence activities).
(3) As used in this subsection--
(A) the term ``design information'' means specific
information that relates to the design of a nuclear
explosive device and that is not available to the
public; and
(B) the term ``component'' means a specific component
of a nuclear explosive device.
(4)(A) Notwithstanding paragraph (1) of this subsection,
the President may, for a period of not more than 30 days of
continuous session, delay the imposition of sanctions which
would otherwise be required under paragraph (1)(A) or (1)(B) of
this subsection if the President first transmits to the Speaker
of the House of Representatives, and to the chairman of the
Committee on Foreign Relations of the Senate, a certification
that he has determined that an immediate imposition of
sanctions on that country would be detrimental to the national
security of the United States. Not more than one such
certification may be transmitted for a country with respect to
the same detonation, transfer, or receipt of a nuclear
explosive device.
(B) If the President transmits a certification to the
Congress under subparagraph (A), a joint resolution which would
permit the President to exercise the waiver authority of
paragraph (5) of this subsection shall, if introduced in either
House within thirty days of continuous session after the
Congress receives this certification, be considered in the
Senate in accordance with subparagraph (C) of this paragraph.
(C) Any joint resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
(D) For purposes of this paragraph, the term ``joint
resolution'' means a joint resolution the matter after the
resolving clause of which is as follows: ``That the Congress
having received on __ a certification by the President under
section 102(b)(4) of the Arms Export Control Act with respect
to __, the Congress hereby authorizes the President to exercise
the waiver authority contained in section 102(b)(5) of that
Act.'', with the date of receipt of the certification inserted
in the first blank and the name of the country inserted in the
second blank.
(5) Notwithstanding paragraph (1) of this subsection, if
the Congress enacts a joint resolution under paragraph (4) of
this subsection, the President may waive any sanction which
would otherwise be required under paragraph (1)(A) or (1)(B) if
he determines and certifies in writing to the Speaker of the
House of Representatives and the Committee on Foreign Relations
of the Senate that the imposition of such sanction would be
seriously prejudicial to the achievement of United States
nonproliferation objectives or otherwise jeopardize the common
defense and security. The President shall transmit with such
certification a statement setting forth the specific reasons
therefor.
(6)(A) In the event the President is required to impose
sanctions against a country under paragraph (1)(C) or (1)(D),
the President shall forthwith so inform such country and shall
impose the required sanctions beginning 30 days after
submitting to the Congress the report required by paragraph (1)
unless, and to the extent that, there is enacted during the 30-
day period a law prohibiting the imposition of such sanctions.
(B) Notwithstanding any other provision of law, the
sanctions which are required to be imposed against a country
under paragraph (1)(C) or (1)(D) shall not apply if the
President determines and certifies in writing to the Committee
on Foreign Relations and the Committee on Governmental Affairs
of the Senate and the Committee on Foreign Affairs \388\ of the
House of Representatives that the application of such sanctions
against such country would have a serious adverse effect on
vital United States interests. The President shall transmit
with such certification a statement setting forth the specific
reasons therefor.
---------------------------------------------------------------------------
\388\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(7) For purposes of this subsection, continuity of session
is broken only by an adjournment of Congress sine die and the
days on which either House is not in session because of an
adjournment of more than three days to a day certain are
excluded in the computation of any period of time in which
Congress is in continuous session.
(8) The President may not delegate or transfer his power,
authority, or discretion to make or modify determinations under
this subsection.
(c) Non-Nuclear-Weapon State Defined.--As used in this
section, the term ``non-nuclear-weapon state'' means any
country which is not a nuclear-weapon state, as defined in
Article IX(3) of the Treaty on the Non-Proliferation of Nuclear
Weapons.
SEC. 103.\379\, \389\ DEFINITION OF NUCLEAR EXPLOSIVE
DEVICE.
As used in this chapter, the term ``nuclear explosive
device'' has the meaning given that term in section 830(4) of
the Nuclear Proliferation Prevention Act of 1994.
---------------------------------------------------------------------------
\389\ 22 U.S.C. 2799aa-2.
c. Child Soldiers Prevention Act of 2008
Title IV of Public Law 110-457 [William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008; H.R. 7311], 122 Stat. 5044 at
5087, approved December 23, 2008
AN ACT To authorize appropriations for fiscal years 2008 through 2011
for the Trafficking Victims Protection Act of 2000, to enhance measures
to combat trafficking in persons, 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--CHILD SOLDIERS PREVENTION
SEC. 401.\1\ SHORT TITLE.
This title may be cited as the ``Child Soldiers Prevention
Act of 2008''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
SEC. 402.\2\ DEFINITIONS.
In this title:
---------------------------------------------------------------------------
\2\ 22 U.S.C. 2370c.
---------------------------------------------------------------------------
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Appropriations of the
Senate;
(C) the Committee on Foreign Affairs of the
House of Representatives; and
(D) the Committee on Appropriations of the
House of Representatives.
(2) Child soldier.--Consistent with the provisions of
the Optional Protocol to the Convention of the Rights
of the Child, the term ``child soldier''--
(A) means--
(i) any person under 18 years of age
who takes a direct part in hostilities
as a member of governmental armed
forces;
(ii) any person under 18 years of age
who has been compulsorily recruited
into governmental armed forces;
(iii) any person under 15 years of
age who has been voluntarily recruited
into governmental armed forces; or
(iv) any person under 18 years of age
who has been recruited or used in
hostilities by armed forces distinct
from the armed forces of a state; and
(B) includes any person described in clauses
(ii), (iii), or (iv) of subparagraph (A) who is
serving in any capacity, including in a support
role such as a cook, porter, messenger, medic,
guard, or sex slave.
SEC. 403. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States Government should condemn the
conscription, forced recruitment, or use of children by
governments, paramilitaries, or other organizations;
(2) the United States Government should support and,
to the extent practicable, lead efforts to establish
and uphold international standards designed to end the
abuse of human rights described in paragraph (1);
(3) the United States Government should expand
ongoing services to rehabilitate recovered child
soldiers and to reintegrate such children back into
their respective communities by--
(A) offering ongoing psychological services
to help such children--
(i) to recover from the trauma
suffered during their forced military
involvement;
(ii) to relearn how to interact with
others in nonviolent ways so that such
children are no longer a danger to
their respective communities; and
(iii) by taking into consideration
the needs of girl soldiers, who may be
at risk of exclusion from disarmament,
demobilization, and reintegration
programs;
(B) facilitating reconciliation with such
communities through negotiations with
traditional leaders and elders to enable
recovered abductees to resume normal lives in
such communities; and
(C) providing educational and vocational
assistance;
(4) the United States should work with the
international community, including, as appropriate,
third country governments, nongovernmental
organizations, faith-based organizations, United
Nations agencies, local governments, labor unions, and
private enterprises--
(A) to bring to justice rebel and
paramilitary forces that kidnap children for
use as child soldiers;
(B) to recover those children who have been
abducted; and
(C) to assist such children to be
rehabilitated and reintegrated into their
respective communities;
(5) the Secretary of State, the Secretary of Labor,
and the Secretary of Defense should coordinate programs
to achieve the goals described in paragraph (3);
(6) United States diplomatic missions in countries in
which the use of child soldiers is an issue, whether or
not such use is supported or sanctioned by the
governments of such countries, should include in their
mission program plans a strategy to achieve the goals
described in paragraph (3);
(7) United States diplomatic missions in countries in
which governments use or tolerate child soldiers should
develop strategies, as part of annual program
planning--
(A) to promote efforts to end such abuse of
human rights; and
(B) to identify and integrate global best
practices, as available, into such strategies
to avoid duplication of effort; and
(8) in allocating or recommending the allocation of
funds or recommending candidates for programs and
grants funded by the United States Government, United
States diplomatic missions should give serious
consideration to those programs and candidates that are
expected to promote the end to the abuse of human
rights described in this section.
SEC. 404.\3\ PROHIBITION.
(a) In General.--Subject to subsections (b), (c), and (d),
the authorities contained in section 516 or 541 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j or 2347) or section 23
of the Arms Export Control Act (22 U.S.C. 2763) may not be used
to provide assistance to, and no licenses for direct commercial
sales of military equipment may be issued to, the government of
a country that is clearly identified, pursuant to subsection
(b), for the most recent year preceding the fiscal year in
which the authorities or license would have been used or issued
in the absence of a violation of this title, as having
governmental armed forces or government-supported armed groups,
including paramilitaries, militias, or civil defense forces,
that recruit and use child soldiers.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 2370c-1.
---------------------------------------------------------------------------
(b) Identification and Notification to Countries in
Violation of Standards.--
(1) Publication of list of foreign governments.--The
Secretary of State shall include a list of the foreign
governments that have violated the standards under this
title and are subject to the prohibition in subsection
(a) in the report required under section 110(b) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7107(b)).
(2) Notification of foreign countries.--The Secretary
of State shall formally notify any government
identified pursuant to subsection (a).
(c) National Interest Waiver.--
(1) Waiver.--The President may waive the application
to a country of the prohibition in subsection (a) if
the President determines that such waiver is in the
national interest of the United States.
(2) Publication and notification.--Not later than 45
days after each waiver is granted under paragraph (1),
the President shall notify the appropriate
congressional committees of the waiver and the
justification for granting such waiver.
(d) Reinstatement of Assistance.--The President may provide
to a country assistance otherwise prohibited under subsection
(a) upon certifying to the appropriate congressional committees
that the government of such country--
(1) has implemented measures that include an action
plan and actual steps to come into compliance with the
standards outlined in section 404(b); and
(2) has implemented policies and mechanisms to
prohibit and prevent future government or government-
supported use of child soldiers and to ensure that no
children are recruited, conscripted, or otherwise
compelled to serve as child soldiers.
(e) Exception for Programs Directly Related To Addressing
the Problem of Child Soldiers or Professionalization of the
Military.--
(1) In general.--The President may provide assistance
to a country for international military education,
training, and nonlethal supplies (as defined in section
2557(d)(1)(B) of title 10, United States Code)
otherwise prohibited under subsection (a) upon
certifying to the appropriate congressional committees
that--
(A) the government of such country is taking
reasonable steps to implement effective
measures to demobilize child soldiers in its
forces or in government-supported
paramilitaries and is taking reasonable steps
within the context of its national resources to
provide demobilization, rehabilitation, and
reintegration assistance to those former child
soldiers; and
(B) the assistance provided by the United
States Government to the government of such
country will go to programs that will directly
support professionalization of the military.
(2) Limitation.--The exception under paragraph (1)
may not remain in effect for a country for more than 5
years.
SEC. 405.\4\ REPORTS.
(a) Investigation of Allegations Regarding Child
Soldiers.--United States missions abroad shall thoroughly
investigate reports of the use of child soldiers.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 2370c-2.
---------------------------------------------------------------------------
(b) Information for Annual Human Rights Reports.--In
preparing those portions of the annual Human Rights Report that
relate to child soldiers under sections 116 and 502B of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(f) and
2304(h)), the Secretary of State shall ensure that such reports
include a description of the use of child soldiers in each
foreign country, including--
(1) trends toward improvement in such country of the
status of child soldiers or the continued or increased
tolerance of such practices; and
(2) the role of the government of such country in
engaging in or tolerating the use of child soldiers.
(c) Annual Report to Congress.--If, during any of the 5
years following the date of the enactment of this Act, a
country is notified pursuant to section 404(b)(2), or a wavier
is granted pursuant to section 404(c)(1), the President shall
submit a report to the appropriate congressional committees not
later than June 15 of the following year. The report shall
include--
(1) a list of the countries receiving notification
that they are in violation of the standards under this
title;
(2) a list of any waivers or exceptions exercised
under this title;
(3) justification for any such waivers and
exceptions; and
(4) a description of any assistance provided under
this title pursuant to the issuance of such waiver.
SEC. 406. TRAINING FOR FOREIGN SERVICE OFFICERS.
Section 708 of the Foreign Service Act of 1980 (22 U.S.C.
4028) is amended by adding at the end the following:
``(c) The Secretary of State, with the assistance of other
relevant officials, shall establish as part of the standard
training provided for chiefs of mission, deputy chiefs of
mission, and other officers of the Service who are or will be
involved in the assessment of child soldier use or the drafting
of the annual Human Rights Report instruction on matters
related to child soldiers, and the substance of the Child
Soldiers Prevention Act of 2008.''.
SEC. 407.\5\ EFFECTIVE DATE; APPLICABILITY.
This title, and the amendments made by this title, shall
take effect 180 days after the date of the enactment of this
Act.
---------------------------------------------------------------------------
\5\ 22 U.S.C. 2370c note.
d. Naval Vessel Transfer Act of 2008
Public Law 110-429 [H.R. 7177], 122 Stat. 4842, approved October 15,
2008
AN ACT To authorize the transfer of naval vessels to certain foreign
recipients, 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--NAVAL VESSEL TRANSFER
SECTION 101. SHORT TITLE.
This title may be cited as the ``Naval Vessel Transfer Act
of 2008''.
SEC. 102. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS.
(a) Transfers by Grant.--The President is authorized to
transfer the vessels specified in paragraphs (1), (3), and (4)
of section 501(a) of H.R. 5916 of the 110th Congress, as passed
the House of Representatives on May 15, 2008,\1\ to the foreign
recipients specified in paragraphs (1), (3), and (4) of such
section, respectively, on a grant basis under section 516 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
---------------------------------------------------------------------------
\1\ Paras. (1), (3), and (4) of section 501(a) of H.R. 5916 of the
110th Congress, as passed the House of Representatives on May 15, 2008,
provided the following:
---------------------------------------------------------------------------
``sec. 501. authority to transfer naval vessels to certain foreign
recipients.
---------------------------------------------------------------------------
``(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) Pakistan.--To the Government of Pakistan, the OLIVER HAZARD PERRY
class guided missile frigate MCINERNEY (FFG-8).
``(2) * * *
``(3) Chile.--To the Government of Chile, the KAISER class oiler ANDREW
J. HIGGINS (AO-190).
``(4) Peru.--To the Government of Peru, the NEWPORT class amphibious tank
landing ships FRESNO (LST-1182) and RACINE (LST-1191).''.
(b) Grants Not Counted in Annual Total of Transferred
Excess Defense Articles.--The value of a vessel transferred to
a recipient on a grant basis pursuant to authority provided by
subsection (a) shall not be counted against the aggregate value
of excess defense articles transferred in any fiscal year under
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j).
(c) 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) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(e))).
(d) 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 recipient 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 the recipient, performed at a
shipyard located in the United States, including a United
States Navy shipyard.
(e) 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.
TITLE II--UNITED STATES ARMS EXPORTS
SEC. 201.\2\ ASSESSMENT OF ISRAEL'S QUALITATIVE MILITARY EDGE OVER
MILITARY THREATS.
(a) Assessment Required.--The President shall carry out an
empirical and qualitative assessment on an ongoing basis of the
extent to which Israel possesses a qualitative military edge
over military threats to Israel. The assessment required under
this subsection shall be sufficiently robust so as to
facilitate comparability of data over concurrent years.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 2776 note.
---------------------------------------------------------------------------
(b) Use of Assessment.--The President shall ensure that the
assessment required under subsection (a) is used to inform the
review by the United States of applications to sell defense
articles and defense services under the Arms Export Control Act
(22 U.S.C. 2751 et seq.) to countries in the Middle East.
(c) Reports.--
(1) Initial report.--Not later than June 30, 2009,
the President shall transmit to the appropriate
congressional committees a report on the initial
assessment required under subsection (a).
(2) Quadrennial report.--Not later than four years
after the date on which the President transmits the
initial report under paragraph (1), and every four
years thereafter, the President shall transmit to the
appropriate congressional committees a report on the
most recent assessment required under subsection (a).
(d) Certification.--Section 36 of the Arms Export Control
Act (22 U.S.C. 2776) is amended by adding at the end the
following: * * *
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations
of the Senate.
(2) Qualitative military edge.--The term
``qualitative military edge'' has the meaning given the
term in section 36(h) of the Arms Export Control Act,
as added by subsection (d) of this section.
SEC. 202. IMPLEMENTATION OF MEMORANDUM OF UNDERSTANDING WITH ISRAEL.
(a) In General.--Of the amount made available for fiscal
year 2009 for assistance under the program authorized by
section 23 of the Arms Export Control Act (22 U.S.C. 2763)
(commonly referred to as the ``Foreign Military Financing
Program''), the amount specified in subsection (b) is
authorized to be made available on a grant basis for Israel.
(b) Computation of Amount.--The amount referred to in
subsection (a) is the amount equal to--
(1) the amount specified under the heading ``Foreign
Military Financing Program'' for Israel for fiscal year
2008; plus
(2) $150,000,000.
(c) Other Authorities.--
(1) Availability of funds for advanced weapons
systems.--To the extent the Government of Israel
requests the United States to provide assistance for
fiscal year 2009 for the procurement of advanced
weapons systems, amounts authorized to be made
available for Israel under this section shall, as
agreed to by Israel and the United States, be available
for such purposes, of which not less than $670,650,000
shall be available for the procurement in Israel of
defense articles and defense services, including
research and development.
(2) Disbursement of funds.--Amounts authorized to be
made available for Israel under this section shall be
disbursed not later than 30 days after the date of the
enactment of an Act making appropriations for the
Department of State, foreign operations, and related
programs for fiscal year 2009, or October 31, 2008,
whichever occurs later.
SEC. 203.\3\ SECURITY COOPERATION WITH THE REPUBLIC OF KOREA.
(a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
\3\ 22 U.S.C. 2753 note.
---------------------------------------------------------------------------
(1) Close and continuing defense cooperation between
the United States and the Republic of Korea continues
to be in the national security interest of the United
States.
(2) The Republic of Korea was designated a major non-
NATO ally in 1987, the first such designation.
(3) The Republic of Korea has been a major purchaser
of United States defense articles and services through
the Foreign Military Sales (FMS) program, totaling
$6,900,000,000 in deliveries over the last 10 years.
(4) Purchases of United States defense articles,
services, and major defense equipment facilitate and
increase the interoperability of Republic of Korea
military forces with the United States Armed Forces.
(5) Congress has previously enacted important,
special defense cooperation arrangements for the
Republic of Korea, as in the Act entitled ``An Act to
authorize the transfer of items in the War Reserves
Stockpile for Allies, Korea'', approved December 30,
2005 (Public Law 109-159; 119 Stat. 2955), which
authorized the President, notwithstanding section 514
of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h), to transfer to the Republic of Korea certain
defense items to be included in a war reserve stockpile
for that country.
(6) Enhanced support for defense cooperation with the
Republic of Korea is important to the national security
of the United States, including through creation of a
status in law for the Republic of Korea similar to the
countries in the North Atlantic Treaty Organization,
Japan, Australia, and New Zealand, with respect to
consideration by Congress of foreign military sales to
the Republic of Korea.
(b) Special Foreign Military Sales Status for Republic of
Korea.--The Arms Export Control Act (22 U.S.C. 2751 et seq.) is
amended--* * *
e. Energy Independence and Security Act of 2007--International
Provisions
Title IX of Public Law 110-140 [H.R. 6], 121 Stat. 1492 at 1725,
approved December 19, 2007
AN ACT To move the United States toward greater energy independence and
security, to increase the production of clean renewable fuels, to
protect consumers, to increase the efficiency of products, buildings,
and vehicles, to promote research on and deploy greenhouse gas capture
and storage options, and to improve the energy performance 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.\1\ SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energy
Independence and Security Act of 2007''.
---------------------------------------------------------------------------
\1\ 42 U.S.C. 17001 note.
---------------------------------------------------------------------------
(b) Table of Contents.--The table of contents of this Act
is as follows: * * *
SEC. 2.\2\ DEFINITIONS.
In this Act:
---------------------------------------------------------------------------
\2\ 42 U.S.C. 17001.
---------------------------------------------------------------------------
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning
given the term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
(3) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
SEC. 3.\3\ RELATIONSHIP TO OTHER LAW.
Except to the extent expressly provided in this Act or an
amendment made by this Act, nothing in this Act or an amendment
made by this Act supersedes, limits the authority provided or
responsibility conferred by, or authorizes any violation of any
provision of law (including a regulation), including any energy
or environmental law or regulation.
---------------------------------------------------------------------------
\3\ 42 U.S.C. 17002.
---------------------------------------------------------------------------
* * * * * * *
TITLE IX--INTERNATIONAL ENERGY PROGRAMS
SEC. 901.\4\ DEFINITIONS.
In this title:
---------------------------------------------------------------------------
\4\ 42 U.S.C. 17321.
---------------------------------------------------------------------------
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Energy and Commerce of the House
of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Energy and Natural Resources, the
Committee on Environment and Public Works, and
the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Clean and efficient energy technology.--The term
``clean and efficient energy technology'' means an
energy supply or end-use technology that, compared to a
similar technology already in widespread commercial use
in a recipient country, will--
(A) reduce emissions of greenhouse gases; or
(B)(i) increase efficiency of energy
production; or
(ii) decrease intensity of energy usage.
(3) Greenhouse gas.--The term ``greenhouse gas''
means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) hydrofluorocarbons;
(E) perfluorocarbons; or
(F) sulfur hexafluoride.
Subtitle A--Assistance to Promote Clean and Efficient Energy
Technologies in Foreign Countries
SEC. 911.\5\ UNITED STATES ASSISTANCE FOR DEVELOPING COUNTRIES.
(a) Assistance Authorized.--The Administrator of the United
States Agency for International Development shall support
policies and programs in developing countries that promote
clean and efficient energy technologies--
---------------------------------------------------------------------------
\5\ 42 U.S.C. 17331.
---------------------------------------------------------------------------
(1) to produce the necessary market conditions for
the private sector delivery of energy and environmental
management services;
(2) to create an environment that is conducive to
accepting clean and efficient energy technologies that
support the overall purpose of reducing greenhouse gas
emissions, including--
(A) improving policy, legal, and regulatory
frameworks;
(B) increasing institutional abilities to
provide energy and environmental management
services; and
(C) increasing public awareness and
participation in the decision-making of
delivering energy and environmental management
services; and
(3) to promote the use of American-made clean and
efficient energy technologies, products, and energy and
environmental management services.
(b) Report.--The Administrator of the United States Agency
for International Development shall submit to the appropriate
congressional committees an annual report on the implementation
of this section for each of the fiscal years 2008 through 2012.
(c) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated to the
Administrator of the United States Agency for International
Development $200,000,000 for each of the fiscal years 2008
through 2012.
SEC. 912.\6\ UNITED STATES EXPORTS AND OUTREACH PROGRAMS FOR INDIA,
CHINA, AND OTHER COUNTRIES.
(a) Assistance Authorized.--The Secretary of Commerce shall
direct the United States and Foreign Commercial Service to
expand or create a corps of the Foreign Commercial Service
officers to promote United States exports in clean and
efficient energy technologies and build the capacity of
government officials in India, China, and any other country the
Secretary of Commerce determines appropriate, to become more
familiar with the available technologies--
---------------------------------------------------------------------------
\6\ 42 U.S.C. 17332.
---------------------------------------------------------------------------
(1) by assigning or training Foreign Commercial
Service attaches, who have expertise in clean and
efficient energy technologies from the United States,
to embark on business development and outreach efforts
to such countries; and
(2) by deploying the attaches described in paragraph
(1) to educate provincial, state, and local government
officials in such countries on the variety of United
States-based technologies in clean and efficient energy
technologies for the purposes of promoting United
States exports and reducing global greenhouse gas
emissions.
(b) Report.--The Secretary of Commerce shall submit to the
appropriate congressional committees an annual report on the
implementation of this section for each of the fiscal years
2008 through 2012.
(c) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated to the
Secretary of Commerce such sums as may be necessary for each of
the fiscal years 2008 through 2012.
SEC. 913.\7\ UNITED STATES TRADE MISSIONS TO ENCOURAGE PRIVATE SECTOR
TRADE AND INVESTMENT.
(a) Assistance Authorized.--The Secretary of Commerce shall
direct the International Trade Administration to expand or
create trade missions to and from the United States to
encourage private sector trade and investment in clean and
efficient energy technologies--
---------------------------------------------------------------------------
\7\ 42 U.S.C. 17333.
---------------------------------------------------------------------------
(1) by organizing and facilitating trade missions to
foreign countries and by matching United States private
sector companies with opportunities in foreign markets
so that clean and efficient energy technologies can
help to combat increases in global greenhouse gas
emissions; and
(2) by creating reverse trade missions in which the
Department of Commerce facilitates the meeting of
foreign private and public sector organizations with
private sector companies in the United States for the
purpose of showcasing clean and efficient energy
technologies in use or in development that could be
exported to other countries.
(b) Report.--The Secretary of Commerce shall submit to the
appropriate congressional committees an annual report on the
implementation of this section for each of the fiscal years
2008 through 2012.
(c) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated to the
Secretary of Commerce such sums as may be necessary for each of
the fiscal years 2008 through 2012.
SEC. 914.\8\ ACTIONS BY OVERSEAS PRIVATE INVESTMENT CORPORATION.
(a) Sense of Congress.--It is the sense of Congress that
the Overseas Private Investment Corporation should promote
greater investment in clean and efficient energy technologies
by--
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\8\ 42 U.S.C. 17334.
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(1) proactively reaching out to United States
companies that are interested in investing in clean and
efficient energy technologies in countries that are
significant contributors to global greenhouse gas
emissions;
(2) giving preferential treatment to the evaluation
and awarding of projects that involve the investment or
utilization of clean and efficient energy technologies;
and
(3) providing greater flexibility in supporting
projects that involve the investment or utilization of
clean and efficient energy technologies, including
financing, insurance, and other assistance.
(b) Report.--The Overseas Private Investment Corporation
shall include in its annual report required under section 240A
of the Foreign Assistance Act of 1961 (22 U.S.C. 2200a)--
(1) a description of the activities carried out to
implement this section; or
(2) if the Corporation did not carry out any
activities to implement this section, an explanation of
the reasons therefor.
SEC. 915.\9\ ACTIONS BY UNITED STATES TRADE AND DEVELOPMENT AGENCY.
(a) Assistance Authorized.--The Director of the Trade and
Development Agency shall establish or support policies that--
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\9\ 42 U.S.C. 17335.
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(1) proactively seek opportunities to fund projects
that involve the utilization of clean and efficient
energy technologies, including in trade capacity
building and capital investment projects;
(2) where appropriate, advance the utilization of
clean and efficient energy technologies, particularly
to countries that have the potential for significant
reduction in greenhouse gas emissions; and
(3) recruit and retain individuals with appropriate
expertise or experience in clean, renewable, and
efficient energy technologies to identify and evaluate
opportunities for projects that involve clean and
efficient energy technologies and services.
(b) Report.--The President shall include in the annual
report on the activities of the Trade and Development Agency
required under section 661(d) of the Foreign Assistance Act of
1961 (22 U.S.C. 2421(d)) a description of the activities
carried out to implement this section.
SEC. 916.\10\ DEPLOYMENT OF INTERNATIONAL CLEAN AND EFFICIENT ENERGY
TECHNOLOGIES AND INVESTMENT IN GLOBAL ENERGY
MARKETS.
(a) Task Force.--
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\10\ 42 U.S.C. 17336.
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(1) Establishment.--Not later than 90 days after the
date of the enactment of this Act, the President shall
establish a Task Force on International Cooperation for
Clean and Efficient Energy Technologies (in this
section referred to as the ``Task Force'').
(2) Composition.--The Task Force shall be composed of
representatives, appointed by the head of the
respective Federal department or agency, of--
(A) the Council on Environmental Quality;
(B) the Department of Energy;
(C) the Department of Commerce;
(D) the Department of the Treasury;
(E) the Department of State;
(F) the Environmental Protection Agency;
(G) the United States Agency for
International Development;
(H) the Export-Import Bank of the United
States;
(I) the Overseas Private Investment
Corporation:
(J) the Trade and Development Agency;
(K) the Small Business Administration;
(L) the Office of the United States Trade
Representative; and
(M) other Federal departments and agencies,
as determined by the President.
(3) Chairperson.--The President shall designate a
Chairperson or Co-Chairpersons of the Task Force.
(4) Duties.--The Task Force--
(A) shall develop and assist in the
implementation of the strategy required under
subsection (c); and
(B)(i) shall analyze technology, policy, and
market opportunities for the development,
demonstration, and deployment of clean and
efficient energy technologies on an
international basis; and
(ii) shall examine relevant trade, tax,
finance, international, and other policy issues
to assess which policies, in the United States
and in developing countries, would help open
markets and improve the export of clean and
efficient energy technologies from the United
States.
(5) Termination.--The Task Force, including any
working group established by the Task Force pursuant to
subsection (b), shall terminate 12 years after the date
of the enactment of this Act.
(b) Working Groups.--
(1) Establishment.--The Task Force--
(A) shall establish an Interagency Working
Group on the Export of Clean and Efficient
Energy Technologies (in this section referred
to as the ``Interagency Working Group''); and
(B) may establish other working groups as may
be necessary to carry out this section.
(2) Composition.--The Interagency Working Group shall
be composed of--
(A) the Secretary of Energy, the Secretary of
Commerce, and the Secretary of State, who shall
serve as Co-Chairpersons of the Interagency
Working Group; and
(B) other members, as determined by the
Chairperson or Co-Chairpersons of the Task
Force.
(3) Duties.--The Interagency Working Group shall
coordinate the resources and relevant programs of the
Department of Energy, the Department of Commerce, the
Department of State, and other relevant Federal
departments and agencies to support the export of clean
and efficient energy technologies developed or
demonstrated in the United States to other countries
and the deployment of such clean and efficient energy
technologies in such other countries.
(4) Interagency center.--The Interagency Working
Group--
(A) shall establish an Interagency Center on
the Export of Clean and Efficient Energy
Technologies (in this section referred to as
the ``Interagency Center'') to assist the
Interagency Working Group in carrying out its
duties required under paragraph (3); and
(B) shall locate the Interagency Center at a
site agreed upon by the Co-Chairpersons of the
Interagency Working Group, with the approval of
the Chairperson or Co-Chairpersons of the Task
Force.
(c) Strategy.--
(1) In general.--Not later than 1 year after the date
of the enactment of this Act, the Task Force shall
develop and submit to the President and the appropriate
congressional committees a strategy to--
(A) support the development and
implementation of programs, policies, and
initiatives in developing countries to promote
the adoption and deployment of clean and
efficient energy technologies, with an emphasis
on those developing countries that are expected
to experience the most significant growth in
energy production and use over the next 20
years;
(B) open and expand clean and efficient
energy technology markets and facilitate the
export of clean and efficient energy
technologies to developing countries, in a
manner consistent with United States
obligations as a member of the World Trade
Organization;
(C) integrate into the foreign policy
objectives of the United States the promotion
of--
(i) the deployment of clean and
efficient energy technologies and the
reduction of greenhouse gas emissions
in developing countries; and
(ii) the export of clean and
efficient energy technologies; and
(D) develop financial mechanisms and
instruments, including securities that mitigate
the political and foreign exchange risks of
uses that are consistent with the foreign
policy objectives of the United States by
combining the private sector market and
government enhancements, that--
(i) are cost-effective; and
(ii) facilitate private capital
investment in clean and efficient
energy technology projects in
developing countries.
(2) Updates.--Not later than 3 years after the date
of submission of the strategy under paragraph (1), and
every 3 years thereafter, the Task Force shall update
the strategy in accordance with the requirements of
paragraph (1).
(d) Report.--
(1) In general.--Not later than 3 years after the
date of submission of the strategy under subsection
(c)(1), and every 3 years thereafter, the President
shall transmit to the appropriate congressional
committees a report on the implementation of this
section for the prior 3-year period.
(2) Matters to be included.--The report required
under paragraph (1) shall include the following:
(A) The update of the strategy required under
subsection (c)(2) and a description of the
actions taken by the Task Force to assist in
the implementation of the strategy.
(B) A description of actions taken by the
Task Force to carry out the duties required
under subsection (a)(4)(B).
(C) A description of assistance provided
under this section.
(D) The results of programs, projects, and
activities carried out under this section.
(E) A description of priorities for promoting
the diffusion and adoption of clean and
efficient energy technologies and strategies in
developing countries, taking into account
economic and security interests of the United
States and opportunities for the export of
technology of the United States.
(F) Recommendations to the heads of
appropriate Federal departments and agencies on
methods to streamline Federal programs and
policies to improve the role of such Federal
departments and agencies in the development,
demonstration, and deployment of clean and
efficient energy technologies on an
international basis.
(G) Strategies to integrate representatives
of the private sector and other interested
groups on the export and deployment of clean
and efficient energy technologies.
(H) A description of programs to disseminate
information to the private sector and the
public on clean and efficient energy
technologies and opportunities to transfer such
clean and efficient energy technologies.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2008 through 2020.
SEC. 917.\11\ UNITED STATES-ISRAEL ENERGY COOPERATION.
(a) Findings.--Congress finds that--
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\11\ 42 U.S.C. 17337.
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(1) it is in the highest national security interests
of the United States to develop renewable energy
sources;
(2) the State of Israel is a steadfast ally of the
United States;
(3) the special relationship between the United
States and Israel is manifested in a variety of
cooperative scientific research and development
programs, such as--
(A) the United States-Israel Binational
Science Foundation; and
(B) the United States-Israel Binational
Industrial Research and Development Foundation;
(4) those programs have made possible many
scientific, technological, and commercial breakthroughs
in the fields of life sciences, medicine,
bioengineering, agriculture, biotechnology,
communications, and others;
(5) on February 1, 1996, the Secretary of Energy
(referred to in this section as the ``Secretary'') and
the Israeli Minister of Energy and Infrastructure
signed an agreement to establish a framework for
collaboration between the United States and Israel in
energy research and development activities;
(6) Israeli scientists and engineers are at the
forefront of research and development in the field of
renewable energy sources; and
(7) enhanced cooperation between the United States
and Israel for the purpose of research and development
of renewable energy sources would be in the national
interests of both countries.
(b) Grant Program.--
(1) Establishment.--In implementing the agreement
entitled the ``Agreement between the Department of
Energy of the United States of America and the Ministry
of Energy and Infrastructure of Israel Concerning
Energy Cooperation'', dated February 1, 1996, the
Secretary shall establish a grant program in accordance
with the requirements of sections 988 and 989 of the
Energy Policy Act of 2005 (42 U.S.C. 16352, 16353) to
support research, development, and commercialization of
renewable energy or energy efficiency.
(2) Types of energy.--In carrying out paragraph (1),
the Secretary may make grants to promote--
(A) solar energy;
(B) biomass energy;
(C) energy efficiency;
(D) wind energy;
(E) geothermal energy;
(F) wave and tidal energy; and
(G) advanced battery technology.
(3) Eligible applicants.--An applicant shall be
eligible to receive a grant under this subsection if
the project of the applicant--
(A) addresses a requirement in the area of
improved energy efficiency or renewable energy
sources, as determined by the Secretary; and
(B) is a joint venture between--
(i)(I) a for-profit business entity,
academic institution, National
Laboratory (as defined in section 2 of
the Energy Policy Act of 2005 (42
U.S.C. 15801)), or nonprofit entity in
the United States; and
(II) a for-profit business entity,
academic institution, or nonprofit
entity in Israel; or
(ii)(I) the Federal Government; and
(II) the Government of Israel.
(4) Applications.--To be eligible to receive a grant
under this subsection, an applicant shall submit to the
Secretary an application for the grant in accordance
with procedures established by the Secretary, in
consultation with the advisory board established under
paragraph (5).
(5) Advisory board.--
(A) Establishment.--The Secretary shall
establish an advisory board--
(i) to monitor the method by which
grants are awarded under this
subsection; and
(ii) to provide to the Secretary
periodic performance reviews of actions
taken to carry out this subsection.
(B) Composition.--The advisory board
established under subparagraph (A) shall be
composed of 3 members, to be appointed by the
Secretary, of whom--
(i) 1 shall be a representative of
the Federal Government;
(ii) 1 shall be selected from a list
of nominees provided by the United
States-Israel Binational Science
Foundation; and
(iii) 1 shall be selected from a list
of nominees provided by the United
States-Israel Binational Industrial
Research and Development Foundation.
(6) Contributed funds.--Notwithstanding section 3302
of title 31, United States Code, the Secretary may
accept, retain, and use funds contributed by any
person, government entity, or organization for purposes
of carrying out this subsection--
(A) without further appropriation; and
(B) without fiscal year limitation.
(7) Report.--Not later than 180 days after the date
of completion of a project for which a grant is
provided under this subsection, the grant recipient
shall submit to the Secretary a report that contains--
(A) a description of the method by which the
recipient used the grant funds; and
(B) an evaluation of the level of success of
each project funded by the grant.
(8) Classification.--Grants shall be awarded under
this subsection only for projects that are considered
to be unclassified by both the United States and
Israel.
(c) Termination.--The grant program and the advisory
committee established under this section terminate on the date
that is 7 years after the date of enactment of this Act.
(d) Authorization of Appropriations.--The Secretary shall
use amounts authorized to be appropriated under section 931 of
the Energy Policy Act of 2005 (42 U.S.C. 16231) to carry out
this section.
Subtitle B--International Clean Energy Foundation
SEC. 921.\12\ DEFINITIONS.
In this subtitle:
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\12\ 42 U.S.C. 17351.
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(1) Board.--The term ``Board'' means the Board of
Directors of the Foundation established pursuant to
section 922(c).
(2) Chief executive officer.--The term ``Chief
Executive Officer'' means the chief executive officer
of the Foundation appointed pursuant to section 922(b).
(3) Foundation.--The term ``Foundation'' means the
International Clean Energy Foundation established by
section 922(a).
SEC. 922.\13\ ESTABLISHMENT AND MANAGEMENT OF FOUNDATION.
(a) Establishment.--
(1) In general.--There is established in the
executive branch a foundation to be known as the
``International Clean Energy Foundation'' that shall be
responsible for carrying out the provisions of this
subtitle. The Foundation shall be a government
corporation, as defined in section 103 of title 5,
United States Code.
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\13\ 42 U.S.C. 17352.
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(2) Board of directors.--The Foundation shall be
governed by a Board of Directors in accordance with
subsection (c).
(3) Intent of congress.--It is the intent of
Congress, in establishing the structure of the
Foundation set forth in this subsection, to create an
entity that serves the long-term foreign policy and
energy security goals of reducing global greenhouse gas
emissions.
(b) Chief Executive Officer.--
(1) In general.--There shall be in the Foundation a
Chief Executive Officer who shall be responsible for
the management of the Foundation.
(2) Appointment.--The Chief Executive Officer shall
be appointed by the Board, with the advice and consent
of the Senate, and shall be a recognized leader in
clean and efficient energy technologies and climate
change and shall have experience in energy security,
business, or foreign policy, chosen on the basis of a
rigorous search.
(3) Relationship to board.--The Chief Executive
Officer shall report to, and be under the direct
authority of, the Board.
(4) Compensation and rank.--
(A) In general.--The Chief Executive Officer
shall be compensated at the rate provided for
level III of the Executive Schedule under
section 5314 of title 5, United States Code.
(B) Amendment.--Section 5314 of title 5,
United States Code, is amended by adding at the
end the following:
``Chief Executive Officer, International Clean Energy
Foundation.''.
(C) Authorities and duties.--The Chief
Executive Officer shall be responsible for the
management of the Foundation and shall exercise
the powers and discharge the duties of the
Foundation.
(D) Authority to appoint officers.--In
consultation and with approval of the Board,
the Chief Executive Officer shall appoint all
officers of the Foundation.
(c) Board of Directors.--
(1) Establishment.--There shall be in the Foundation
a Board of Directors.
(2) Duties.--The Board shall perform the functions
specified to be carried out by the Board in this
subtitle and may prescribe, amend, and repeal bylaws,
rules, regulations, and procedures governing the manner
in which the business of the Foundation may be
conducted and in which the powers granted to it by law
may be exercised.
(3) Membership.--The Board shall consist of--
(A) the Secretary of State (or the
Secretary's designee), the Secretary of Energy
(or the Secretary's designee), and the
Administrator of the United States Agency for
International Development (or the
Administrator's designee); and
(B) four other individuals with relevant
experience in matters relating to energy
security (such as individuals who represent
institutions of energy policy, business
organizations, foreign policy organizations, or
other relevant organizations) who shall be
appointed by the President, by and with the
advice and consent of the Senate, of whom--
(i) one individual shall be appointed
from among a list of individuals
submitted by the Majority Leader of the
House of Representatives;
(ii) one individual shall be
appointed from among a list of
individuals submitted by the Minority
Leader of the House of Representatives;
(iii) one individual shall be
appointed from among a list of
individuals submitted by the Majority
Leader of the Senate; and
(iv) one individual shall be
appointed from among a list of
individuals submitted by the Minority
Leader of the Senate.
(4) Chief executive officer.--The Chief Executive
Officer of the Foundation shall serve as a nonvoting,
ex officio member of the Board.
(5) Terms.--
(A) Officers of the federal government.--Each
member of the Board described in paragraph
(3)(A) shall serve for a term that is
concurrent with the term of service of the
individual's position as an officer within the
other Federal department or agency.
(B) Other members.--Each member of the Board
described in paragraph (3)(B) shall be
appointed for a term of 3 years and may be
reappointed for a term of an additional 3
years.
(C) Vacancies.--A vacancy in the Board shall
be filled in the manner in which the original
appointment was made.
(D) Acting members.--A vacancy in the Board
may be filled with an appointment of an acting
member by the Chairperson of the Board for up
to 1 year while a nominee is named and awaits
confirmation in accordance with paragraph
(3)(B).
(6) Chairperson.--There shall be a Chairperson of the
Board. The Secretary of State (or the Secretary's
designee) shall serve as the Chairperson.
(7) Quorum.--A majority of the members of the Board
described in paragraph (3) shall constitute a quorum,
which, except with respect to a meeting of the Board
during the 135-day period beginning on the date of the
enactment of this Act, shall include at least 1 member
of the Board described in paragraph (3)(B).
(8) Meetings.--The Board shall meet at the call of
the Chairperson, who shall call a meeting no less than
once a year.
(9) Compensation.--
(A) Officers of the federal government.--
(i) In general.--A member of the
Board described in paragraph (3)(A) may
not receive additional pay, allowances,
or benefits by reason of the member's
service on the Board.
(ii) Travel expenses.--Each such
member of the Board shall receive
travel expenses, including per diem in
lieu of subsistence, in accordance with
applicable provisions under subchapter
I of chapter 57 of title 5, United
States Code.
(B) Other members.--
(i) In general.--Except as provided
in clause (ii), a member of the Board
described in paragraph (3)(B)--
(I) shall be paid
compensation out of funds made
available for the purposes of
this subtitle at the daily
equivalent of the highest rate
payable under section 5332 of
title 5, United States Code,
for each day (including travel
time) during which the member
is engaged in the actual
performance of duties as a
member of the Board; and
(II) while away from the
member's home or regular place
of business on necessary travel
in the actual performance of
duties as a member of the
Board, shall be paid per diem,
travel, and transportation
expenses in the same manner as
is provided under subchapter I
of chapter 57 of title 5,
United States Code.
(ii) Limitation.--A member of the
Board may not be paid compensation
under clause (i)(II) for more than 90
days in any calendar year.
SEC. 923.\14\ DUTIES OF FOUNDATION.
The Foundation shall--
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\14\ 42 U.S.C. 17353.
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(1) use the funds authorized by this subtitle to make
grants to promote projects outside of the United States
that serve as models of how to significantly reduce the
emissions of global greenhouse gases through clean and
efficient energy technologies, processes, and services;
(2) seek contributions from foreign governments,
especially those rich in energy resources such as
member countries of the Organization of the Petroleum
Exporting Countries, and private organizations to
supplement funds made available under this subtitle;
(3) harness global expertise through collaborative
partnerships with foreign governments and domestic and
foreign private actors, including nongovernmental
organizations and private sector companies, by
leveraging public and private capital, technology,
expertise, and services towards innovative models that
can be instituted to reduce global greenhouse gas
emissions;
(4) create a repository of information on best
practices and lessons learned on the utilization and
implementation of clean and efficient energy
technologies and processes to be used for future
initiatives to tackle the climate change crisis;
(5) be committed to minimizing administrative costs
and to maximizing the availability of funds for grants
under this subtitle; and
(6) promote the use of American-made clean and
efficient energy technologies, processes, and services
by giving preference to entities incorporated in the
United States and whose technology will be
substantially manufactured in the United States.
SEC. 924.\15\ ANNUAL REPORT.
(a) Report Required.--Not later than March 31, 2008, and
each March 31 thereafter, the Foundation shall submit to the
appropriate congressional committees a report on the
implementation of this subtitle during the prior fiscal year.
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\15\ 42 U.S.C. 17354.
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(b) Contents.--The report required by subsection (a) shall
include--
(1) the total financial resources available to the
Foundation during the year, including appropriated
funds, the value and source of any gifts or donations
accepted pursuant to section 925(a)(6), and any other
resources;
(2) a description of the Board's policy priorities
for the year and the basis upon which competitive grant
proposals were solicited and awarded to nongovernmental
institutions and other organizations;
(3) a list of grants made to nongovernmental
institutions and other organizations that includes the
identity of the institutional recipient, the dollar
amount, and the results of the program; and
(4) the total administrative and operating expenses
of the Foundation for the year, as well as specific
information on--
(A) the number of Foundation employees and
the cost of compensation for Board members,
Foundation employees, and personal service
contractors;
(B) costs associated with securing the use of
real property for carrying out the functions of
the Foundation;
(C) total travel expenses incurred by Board
members and Foundation employees in connection
with Foundation activities; and
(D) total representational expenses.
SEC. 925.\16\ POWERS OF THE FOUNDATION; RELATED PROVISIONS.
(a) Powers.--The Foundation--
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\16\ 42 U.S.C. 17355.
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(1) shall have perpetual succession unless dissolved
by a law enacted after the date of the enactment of
this Act;
(2) may adopt, alter, and use a seal, which shall be
judicially noticed;
(3) may make and perform such contracts, grants, and
other agreements with any person or government however
designated and wherever situated, as may be necessary
for carrying out the functions of the Foundation;
(4) may determine and prescribe the manner in which
its obligations shall be incurred and its expenses
allowed and paid, including expenses for
representation;
(5) may lease, purchase, or otherwise acquire,
improve, and use such real property wherever situated,
as may be necessary for carrying out the functions of
the Foundation;
(6) may accept money, funds, services, or property
(real, personal, or mixed), tangible or intangible,
made available by gift, bequest grant, or otherwise for
the purpose of carrying out the provisions of this
title from domestic or foreign private individuals,
charities, nongovernmental organizations, corporations,
or governments;
(7) may use the United States mails in the same
manner and on the same conditions as the executive
departments;
(8) may contract with individuals for personal
services, who shall not be considered Federal employees
for any provision of law administered by the Office of
Personnel Management;
(9) may hire or obtain passenger motor vehicles; and
(10) shall have such other powers as may be necessary
and incident to carrying out this subtitle.
(b) Principal Office.--The Foundation shall maintain its
principal office in the metropolitan area of Washington,
District of Columbia.
(c) Applicability of Government Corporation Control Act.--
(1) In general.--The Foundation shall be subject to
chapter 91 of subtitle VI of title 31, United States
Code, except that the Foundation shall not be
authorized to issue obligations or offer obligations to
the public.
(2) Conforming amendment.--Section 9101(3) of title
31, United States Code, is amended by adding at the end
the following:
``(R) the International Clean Energy
Foundation.''.
(d) Inspector General.--
(1) In general.--The Inspector General of the
Department of State shall serve as Inspector General of
the Foundation, and, in acting in such capacity, may
conduct reviews, investigations, and inspections of all
aspects of the operations and activities of the
Foundation.
(2) Authority of the board.--In carrying out the
responsibilities under this subsection, the Inspector
General shall report to and be under the general
supervision of the Board.
(3) Reimbursement and authorization of services.--
(A) Reimbursement.--The Foundation shall
reimburse the Department of State for all
expenses incurred by the Inspector General in
connection with the Inspector General's
responsibilities under this subsection.
(B) Authorization for services.--Of the
amount authorized to be appropriated under
section 927(a) for a fiscal year, up to
$500,000 is authorized to be made available to
the Inspector General of the Department of
State to conduct reviews, investigations, and
inspections of operations and activities of the
Foundation.
SEC. 926.\17\ GENERAL PERSONNEL AUTHORITIES.
(a) Detail of Personnel.--Upon request of the Chief
Executive Officer, the head of an agency may detail any
employee of such agency to the Foundation on a reimbursable
basis. Any employee so detailed remains, for the purpose of
preserving such employee's allowances, privileges, rights,
seniority, and other benefits, an employee of the agency from
which detailed.
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\17\ 42 U.S.C. 17356.
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(b) Reemployment Rights.--
(1) In general.--An employee of an agency who is
serving under a career or career conditional
appointment (or the equivalent), and who, with the
consent of the head of such agency, transfers to the
Foundation, is entitled to be reemployed in such
employee's former position or a position of like
seniority, status, and pay in such agency, if such
employee--
(A) is separated from the Foundation for any
reason, other than misconduct, neglect of duty,
or malfeasance; and
(B) applies for reemployment not later than
90 days after the date of separation from the
Foundation.
(2) Specific rights.--An employee who satisfies
paragraph (1) is entitled to be reemployed (in
accordance with such paragraph) within 30 days after
applying for reemployment and, on reemployment, is
entitled to at least the rate of basic pay to which
such employee would have been entitled had such
employee never transferred.
(c) Hiring Authority.--Of persons employed by the
Foundation, no more than 30 persons may be appointed,
compensated, or removed without regard to the civil service
laws and regulations.
(d) Basic Pay.--The Chief Executive Officer may fix the
rate of basic pay of employees of the Foundation without regard
to the provisions of chapter 51 of title 5, United States Code
(relating to the classification of positions), subchapter III
of chapter 53 of such title (relating to General Schedule pay
rates), except that no employee of the Foundation may receive a
rate of basic pay that exceeds the rate for level IV of the
Executive Schedule under section 5315 of such title.
(e) Definitions.--In this section--
(1) the term ``agency'' means an executive agency, as
defined by section 105 of title 5, United States Code;
and
(2) the term ``detail'' means the assignment or loan
of an employee, without a change of position, from the
agency by which such employee is employed to the
Foundation.
SEC. 927.\18\ AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--To carry out this
subtitle, there are authorized to be appropriated $20,000,000
for each of the fiscal years 2009 through 2013.
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\18\ 42 U.S.C. 17357.
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(b) Allocation of Funds.--
(1) In general.--The Foundation may allocate or
transfer to any agency of the United States Government
any of the funds available for carrying out this
subtitle. Such funds shall be available for obligation
and expenditure for the purposes for which the funds
were authorized, in accordance with authority granted
in this subtitle or under authority governing the
activities of the United States Government agency to
which such funds are allocated or transferred.
(2) Notification.--The Foundation shall notify the
appropriate congressional committees not less than 15
days prior to an allocation or transfer of funds
pursuant to paragraph (1).
Subtitle C--Miscellaneous Provisions
SEC. 931.\19\ ENERGY DIPLOMACY AND SECURITY WITHIN THE DEPARTMENT OF
STATE.
(a) State Department Coordinator for International Energy
Affairs.--
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\19\ 42 U.S.C. 17371.
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(1) In general.--The Secretary of State should ensure
that energy security is integrated into the core
mission of the Department of State.
(2) Coordinator for international energy affairs.--
There is established within the Office of the Secretary
of State a Coordinator for International Energy
Affairs, who shall be responsible for--
(A) representing the Secretary of State in
interagency efforts to develop the
international energy policy of the United
States;
(B) ensuring that analyses of the national
security implications of global energy and
environmental developments are reflected in the
decision making process within the Department
of State;
(C) incorporating energy security priorities
into the activities of the Department of State;
(D) coordinating energy activities of the
Department of State with relevant Federal
agencies; and
(E) coordinating energy security and other
relevant functions within the Department of
State currently undertaken by offices within--
(i) the Bureau of Economic, Energy
and Business Affairs;
(ii) the Bureau of Oceans and
International Environmental and
Scientific Affairs; and
(iii) other offices within the
Department of State.
(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary to carry out this subsection.
(b) Energy Experts in Key Embassies.--Not later than 180
days after the date of 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 Foreign Affairs of
the House of Representatives that includes--
(1) a description of the Department of State
personnel who are dedicated to energy matters and are
stationed at embassies and consulates in countries that
are major energy producers or consumers;
(2) an analysis of the need for Federal energy
specialist personnel in United States embassies and
other United States diplomatic missions; and
(3) recommendations for increasing energy expertise
within United States embassies among foreign service
officers and options for assigning to such embassies
energy attaches from the National Laboratories or other
agencies within the Department of Energy.
(c) Energy Advisors.--The Secretary of Energy may make
appropriate arrangements with the Secretary of State to assign
personnel from the Department of Energy or the National
Laboratories of the Department of Energy to serve as dedicated
advisors on energy matters in embassies of the United States or
other United States diplomatic missions.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, and every 2 years thereafter for the
following 20 years, the Secretary of State shall submit a
report to the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives that describes--
(1) the energy-related activities being conducted by
the Department of State, including activities within--
(A) the Bureau of Economic, Energy and
Business Affairs;
(B) the Bureau of Oceans and Environmental
and Scientific Affairs; and
(C) other offices within the Department of
State;
(2) the amount of funds spent on each activity within
each office described in paragraph (1); and
(3) the number and qualification of personnel in each
embassy (or relevant foreign posting) of the United
States whose work is dedicated exclusively to energy
matters.
SEC. 932. NATIONAL SECURITY COUNCIL REORGANIZATION.
Section 101(a) of the National Security Act of 1947 (50
U.S.C. 402(a)) is amended--
(1) by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) the Secretary of Energy;''.
SEC. 933.\20\ ANNUAL NATIONAL ENERGY SECURITY STRATEGY REPORT.
(a) Reports.--
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\20\ 42 U.S.C. 17372.
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(1) In general.--Subject to paragraph (2), on the
date on which the President submits to Congress the
budget for the following fiscal year under section 1105
of title 31, United States Code, the President shall
submit to Congress a comprehensive report on the
national energy security of the United States.
(2) New presidents.--In addition to the reports
required under paragraph (1), the President shall
submit a comprehensive report on the national energy
security of the United States by not later than 150
days after the date on which the President assumes the
office of President after a presidential election.
(b) Contents.--Each report under this section shall
describe the national energy security strategy of the United
States, including a comprehensive description of--
(1) the worldwide interests, goals, and objectives of
the United States that are vital to the national energy
security of the United States;
(2) the foreign policy, worldwide commitments, and
national defense capabilities of the United States
necessary--
(A) to deter political manipulation of world
energy resources; and
(B) to implement the national energy security
strategy of the United States;
(3) the proposed short-term and long-term uses of the
political, economic, military, and other authorities of
the United States--
(A) to protect or promote energy security;
and
(B) to achieve the goals and objectives
described in paragraph (1);
(4) the adequacy of the capabilities of the United
States to protect the national energy security of the
United States, including an evaluation of the balance
among the capabilities of all elements of the national
authority of the United States to support the
implementation of the national energy security
strategy; and
(5) such other information as the President
determines to be necessary to inform Congress on
matters relating to the national energy security of the
United States.
(c) Classified and Unclassified Form.--Each national energy
security strategy report shall be submitted to Congress in--
(1) a classified form; and
(2) an unclassified form.
SEC. 934.\21\ CONVENTION ON SUPPLEMENTARY COMPENSATION FOR NUCLEAR
DAMAGE CONTINGENT COST ALLOCATION.
(a) Findings and Purpose.--
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\21\ 42 U.S.C. 17373.
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(1) Findings.--Congress finds that--
(A) section 170 of the Atomic Energy Act of
1954 (42 U.S.C. 2210) (commonly known as the
``Price-Anderson Act'')--
(i) provides a predictable legal
framework necessary for nuclear
projects; and
(ii) ensures prompt and equitable
compensation in the event of a nuclear
incident in the United States;
(B) the Price-Anderson Act, in effect,
provides operators of nuclear powerplants with
insurance for damage arising out of a nuclear
incident and funds the insurance primarily
through the assessment of a retrospective
premium from each operator after the occurrence
of a nuclear incident;
(C) the Convention on Supplementary
Compensation for Nuclear Damage, done at Vienna
on September 12, 1997, will establish a global
system--
(i) to provide a predictable legal
framework necessary for nuclear energy
projects; and
(ii) to ensure prompt and equitable
compensation in the event of a nuclear
incident;
(D) the Convention benefits United States
nuclear suppliers that face potentially
unlimited liability for nuclear incidents that
are not covered by the Price-Anderson Act by
replacing a potentially open-ended liability
with a predictable liability regime that, in
effect, provides nuclear suppliers with
insurance for damage arising out of such an
incident;
(E) the Convention also benefits United
States nuclear facility operators that may be
publicly liable for a Price-Anderson incident
by providing an additional early source of
funds to compensate damage arising out of the
Price-Anderson incident;
(F) the combined operation of the Convention,
the Price-Anderson Act, and this section will
augment the quantity of assured funds available
for victims in a wider variety of nuclear
incidents while reducing the potential
liability of United States suppliers without
increasing potential costs to United States
operators;
(G) the cost of those benefits is the
obligation of the United States to contribute
to the supplementary compensation fund
established by the Convention;
(H) any such contribution should be funded in
a manner that does not--
(i) upset settled expectations based
on the liability regime established
under the Price-Anderson Act; or
(ii) shift to Federal taxpayers
liability risks for nuclear incidents
at foreign installations;
(I) with respect to a Price-Anderson
incident, funds already available under the
Price-Anderson Act should be used; and
(J) with respect to a nuclear incident
outside the United States not covered by the
Price-Anderson Act, a retrospective premium
should be prorated among nuclear suppliers
relieved from potential liability for which
insurance is not available.
(2) Purpose.--The purpose of this section is to
allocate the contingent costs associated with
participation by the United States in the international
nuclear liability compensation system established by
the Convention on Supplementary Compensation for
Nuclear Damage, done at Vienna on September 12, 1997--
(A) with respect to a Price-Anderson
incident, by using funds made available under
section 170 of the Atomic Energy Act of 1954
(42 U.S.C. 2210) to cover the contingent costs
in a manner that neither increases the burdens
nor decreases the benefits under section 170 of
that Act; and
(B) with respect to a covered incident
outside the United States that is not a Price-
Anderson incident, by allocating the contingent
costs equitably, on the basis of risk, among
the class of nuclear suppliers relieved by the
Convention from the risk of potential liability
resulting from any covered incident outside the
United States.
(b) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the
Nuclear Regulatory Commission.
(2) Contingent cost.--The term ``contingent cost''
means the cost to the United States in the event of a
covered incident the amount of which is equal to the
amount of funds the United States is obligated to make
available under paragraph 1(b) of Article III of the
Convention.
(3) Convention.--The term ``Convention'' means the
Convention on Supplementary Compensation for Nuclear
Damage, done at Vienna on September 12, 1997.
(4) Covered incident.--The term ``covered incident''
means a nuclear incident the occurrence of which
results in a request for funds pursuant to Article VII
of the Convention.
(5) Covered installation.--The term ``covered
installation'' means a nuclear installation at which
the occurrence of a nuclear incident could result in a
request for funds under Article VII of the Convention.
(6) Covered person.--
(A) In general.--The term ``covered person''
means--
(i) a United States person; and
(ii) an individual or entity
(including an agency or instrumentality
of a foreign country) that--
(I) is located in the United
States; or
(II) carries out an activity
in the United States.
(B) Exclusions.--The term ``covered person''
does not include--
(i) the United States; or
(ii) any agency or instrumentality of
the United States.
(7) Nuclear supplier.--The term ``nuclear supplier''
means a covered person (or a successor in interest of a
covered person) that--
(A) supplies facilities, equipment, fuel,
services, or technology pertaining to the
design, construction, operation, or
decommissioning of a covered installation; or
(B) transports nuclear materials that could
result in a covered incident.
(8) Price-anderson incident.--The term ``Price-
Anderson incident'' means a covered incident for which
section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210) would make funds available to compensate for
public liability (as defined in section 11 of that Act
(42 U.S.C. 2014)).
(9) Secretary.--The term ``Secretary'' means the
Secretary of Energy.
(10) United states.--
(A) In general.--The term ``United States''
has the meaning given the term in section 11 of
the Atomic Energy Act of 1954 (42 U.S.C. 2014).
(B) Inclusions.--The term ``United States''
includes--
(i) the Commonwealth of Puerto Rico;
(ii) any other territory or
possession of the United States;
(iii) the Canal Zone; and
(iv) the waters of the United States
territorial sea under Presidential
Proclamation Number 5928, dated
December 27, 1988 (43 U.S.C. 1331
note).
(11) United states person.--The term ``United States
person'' means--
(A) any individual who is a resident,
national, or citizen of the United States
(other than an individual residing outside of
the United States and employed by a person who
is not a United States person); and
(B) any corporation, partnership,
association, joint stock company, business
trust, unincorporated organization, or sole
proprietorship that is organized under the laws
of the United States.
(c) Use of Price-Anderson Funds.--
(1) In general.--Funds made available under section
170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210)
shall be used to cover the contingent cost resulting
from any Price-Anderson incident.
(2) Effect.--The use of funds pursuant to paragraph
(1) shall not reduce the limitation on public liability
established under section 170 e. of the Atomic Energy
Act of 1954 (42 U.S.C. 2210(e)).
(d) Effect on Amount of Public Liability.--
(1) In general.--Funds made available to the United
States under Article VII of the Convention with respect
to a Price-Anderson incident shall be used to satisfy
public liability resulting from the Price-Anderson
incident.
(2) Amount.--The amount of public liability allowable
under section 170 of the Atomic Energy Act of 1954 (42
U.S.C. 2210) relating to a Price-Anderson incident
under paragraph (1) shall be increased by an amount
equal to the difference between--
(A) the amount of funds made available for
the Price-Anderson incident under Article VII
of the Convention; and
(B) the amount of funds used under subsection
(c) to cover the contingent cost resulting from
the Price-Anderson incident.
(e) Retrospective Risk Pooling Program.--
(1) In general.--Except as provided under paragraph
(2), each nuclear supplier shall participate in a
retrospective risk pooling program in accordance with
this section to cover the contingent cost resulting
from a covered incident outside the United States that
is not a Price-Anderson incident.
(2) Deferred payment.--
(A) In general.--The obligation of a nuclear
supplier to participate in the retrospective
risk pooling program shall be deferred until
the United States is called on to provide funds
pursuant to Article VII of the Convention with
respect to a covered incident that is not a
Price-Anderson incident.
(B) Amount of deferred payment.--The amount
of a deferred payment of a nuclear supplier
under subparagraph (A) shall be based on the
risk-informed assessment formula determined
under subparagraph (C).
(C) Risk-informed assessment formula.--
(i) In general.--Not later than 3
years after the date of the enactment
of this Act, and every 5 years
thereafter, the Secretary shall, by
regulation, determine the risk-informed
assessment formula for the allocation
among nuclear suppliers of the
contingent cost resulting from a
covered incident that is not a Price-
Anderson incident, taking into account
risk factors such as--
(I) the nature and intended
purpose of the goods and
services supplied by each
nuclear supplier to each
covered installation outside
the United States;
(II) the quantity of the
goods and services supplied by
each nuclear supplier to each
covered installation outside
the United States;
(III) the hazards associated
with the supplied goods and
services if the goods and
services fail to achieve the
intended purposes;
(IV) the hazards associated
with the covered installation
outside the United States to
which the goods and services
are supplied;
(V) the legal, regulatory,
and financial infrastructure
associated with the covered
installation outside the United
States to which the goods and
services are supplied; and
(VI) the hazards associated
with particular forms of
transportation.
(ii) Factors for consideration.--In
determining the formula, the Secretary
may--
(I) exclude--
(aa) goods and
services with
negligible risk;
(bb) classes of goods
and services not
intended specifically
for use in a nuclear
installation;
(cc) a nuclear
supplier with a de
minimis share of the
contingent cost; and
(dd) a nuclear
supplier no longer in
existence for which
there is no
identifiable successor;
and
(II) establish the period on
which the risk assessment is
based.
(iii) Application.--In applying the
formula, the Secretary shall not
consider any covered installation or
transportation for which funds would be
available under section 170 of the
Atomic Energy Act of 1954 (42 U.S.C.
2210).
(iv) Report.--Not later than 5 years
after the date of the enactment of this
Act, and every 5 years thereafter, the
Secretary shall submit to the Committee
on Environment and Public Works of the
Senate and the Committee on Energy and
Commerce of the House of
Representatives, a report on whether
there is a need for continuation or
amendment of this section, taking into
account the effects of the
implementation of the Convention on the
United States nuclear industry and
suppliers.
(f) Reporting.--
(1) Collection of information.--
(A) In general.--The Secretary may collect
information necessary for developing and
implementing the formula for calculating the
deferred payment of a nuclear supplier under
subsection (e)(2).
(B) Provision of information.--Each nuclear
supplier and other appropriate persons shall
make available to the Secretary such
information, reports, records, documents, and
other data as the Secretary determines, by
regulation, to be necessary or appropriate to
develop and implement the formula under
subsection (e)(2)(C).
(2) Private insurance.--The Secretary shall make
available to nuclear suppliers, and insurers of nuclear
suppliers, information to support the voluntary
establishment and maintenance of private insurance
against any risk for which nuclear suppliers may be
required to pay deferred payments under this section.
(g) Effect on Liability.--Nothing in any other law
(including regulations) limits liability for a covered incident
to an amount equal to less than the amount prescribed in
paragraph 1(a) of Article IV of the Convention, unless the
law--
(1) specifically refers to this section; and
(2) explicitly repeals, alters, amends, modifies,
impairs, displaces, or supersedes the effect of this
subsection.
(h) Payments to and by the United States.--
(1) Action by nuclear suppliers.--
(A) Notification.--In the case of a request
for funds under Article VII of the Convention
resulting from a covered incident that is not a
Price-Anderson incident, the Secretary shall
notify each nuclear supplier of the amount of
the deferred payment required to be made by the
nuclear supplier.
(B) Payments.--
(i) In general.--Except as provided
under clause (ii), not later than 60
days after receipt of a notification
under subparagraph (A), a nuclear
supplier shall pay to the general fund
of the Treasury the deferred payment of
the nuclear supplier required under
subparagraph (A).
(ii) Annual payments.--A nuclear
supplier may elect to prorate payment
of the deferred payment required under
subparagraph (A) in 5 equal annual
payments (including interest on the
unpaid balance at the prime rate
prevailing at the time the first
payment is due).
(C) Vouchers.--A nuclear supplier shall
submit payment certification vouchers to the
Secretary of the Treasury in accordance with
section 3325 of title 31, United States Code.
(2) Use of funds.--
(A) In general.--Amounts paid into the
Treasury under paragraph (1) shall be available
to the Secretary of the Treasury, without
further appropriation and without fiscal year
limitation, for the purpose of making the
contributions of public funds required to be
made by the United States under the Convention.
(B) Action by secretary of treasury.--The
Secretary of the Treasury shall pay the
contribution required under the Convention to
the court of competent jurisdiction under
Article XIII of the Convention with respect to
the applicable covered incident.
(3) Failure to pay.--If a nuclear supplier fails to
make a payment required under this subsection, the
Secretary may take appropriate action to recover from
the nuclear supplier--
(A) the amount of the payment due from the
nuclear supplier;
(B) any applicable interest on the payment;
and
(C) a penalty of not more than twice the
amount of the deferred payment due from the
nuclear supplier.
(i) Limitation on Judicial Review; Cause of Action.--
(1) Limitation on judicial review.--
(A) In general.--In any civil action arising
under the Convention over which Article XIII of
the Convention grants jurisdiction to the
courts of the United States, any appeal or
review by writ of mandamus or otherwise with
respect to a nuclear incident that is not a
Price-Anderson incident shall be in accordance
with chapter 83 of title 28, United States
Code, except that the appeal or review shall
occur in the United States Court of Appeals for
the District of Columbia Circuit.
(B) Supreme court jurisdiction.--Nothing in
this paragraph affects the jurisdiction of the
Supreme Court of the United States under
chapter 81 of title 28, United States Code.
(2) Cause of action.--
(A) In general.--Subject to subparagraph (B),
in any civil action arising under the
Convention over which Article XIII of the
Convention grants jurisdiction to the courts of
the United States, in addition to any other
cause of action that may exist, an individual
or entity shall have a cause of action against
the operator to recover for nuclear damage
suffered by the individual or entity.
(B) Requirement.--Subparagraph (A) shall
apply only if the individual or entity seeks a
remedy for nuclear damage (as defined in
Article I of the Convention) that was caused by
a nuclear incident (as defined in Article I of
the Convention) that is not a Price-Anderson
incident.
(C) Savings provision.--Nothing in this
paragraph may be construed to limit, modify,
extinguish, or otherwise affect any cause of
action that would have existed in the absence
of enactment of this paragraph.
(j) Right of Recourse.--This section does not provide to an
operator of a covered installation any right of recourse under
the Convention.
(k) Protection of Sensitive United States Information.--
Nothing in the Convention or this section requires the
disclosure of--
(1) any data that, at any time, was Restricted Data
(as defined in section 11 of the Atomic Energy Act of
1954 (42 U.S.C. 2014));
(2) information relating to intelligence sources or
methods protected by section 102A(i) of the National
Security Act of 1947 (50 U.S.C. 403-1(i)); or
(3) national security information classified under
Executive Order 12958 (50 U.S.C. 435 note; relating to
classified national security information) (or a
successor Executive Order or regulation).
(l) Regulations.--
(1) In general.--The Secretary or the Commission, as
appropriate, may prescribe regulations to carry out
section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210) and this section.
(2) Requirement.--Rules prescribed under this
subsection shall ensure, to the maximum extent
practicable, that--
(A) the implementation of section 170 of the
Atomic Energy Act of 1954 (42 U.S.C. 2210) and
this section is consistent and equitable; and
(B) the financial and operational burden on a
Commission licensee in complying with section
170 of that Act is not greater as a result of
the enactment of this section.
(3) Applicability of provision.--Section 553 of title
5, United States Code, shall apply with respect to the
promulgation of regulations under this subsection.
(4) Effect of subsection.--The authority provided
under this subsection is in addition to, and does not
impair or otherwise affect, any other authority of the
Secretary or the Commission to prescribe regulations.
(m) Effective Date.--This section shall take effect on the
date of the enactment of this Act.
SEC. 935.\22\ TRANSPARENCY IN EXTRACTIVE INDUSTRIES RESOURCE PAYMENTS.
(a) Purpose.--The purpose of this section is to--
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\22\ 42 U.S.C. 17374.
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(1) ensure greater United States energy security by
combating corruption in the governments of foreign
countries that receive revenues from the sale of their
natural resources; and
(2) enhance the development of democracy and increase
political and economic stability in such resource rich
foreign countries.
(b) Statement of Policy.--It is the policy of the United
States--
(1) to increase energy security by promoting anti-
corruption initiatives in oil and natural gas rich
countries; and
(2) to promote global energy security through
promotion of programs such as the Extractive Industries
Transparency Initiative (EITI) that seek to instill
transparency and accountability into extractive
industries resource payments.
(c) Sense of Congress.--It is the sense of Congress that
the United States should further global energy security and
promote democratic development in resource-rich foreign
countries by--
(1) encouraging further participation in the EITI by
eligible countries and companies; and
(2) promoting the efficacy of the EITI program by
ensuring a robust and candid review mechanism.
(d) Report.--
(1) Report required.--Not later than 180 days after
the date of the enactment of this Act, and annually
thereafter, the Secretary of State, in consultation
with the Secretary of Energy, shall submit to the
appropriate congressional committees a report on
progress made in promoting transparency in extractive
industries resource payments.
(2) Matters to be included.--The report required by
paragraph (1) shall include a detailed description of
United States participation in the EITI, bilateral and
multilateral diplomatic efforts to further
participation in the EITI, and other United States
initiatives to strengthen energy security, deter energy
kleptocracy, and promote transparency in the extractive
industries.
(e) Authorization of Appropriations.--There is authorized
to be appropriated $3,000,000 for the purposes of United States
contributions to the Multi-Donor Trust Fund of the EITI.
* * * * * * *
f. Democratic Republic of the Congo Relief, Security, and Democracy
Promotion Act of 2006
Public Law 109-456 [S. 2125], 120 Stat. 3384, approved December 22,
2006
AN ACT To promote relief, security, and democracy in the Democratic
Republic of the Congo.
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 ``Democratic Republic of the
Congo Relief, Security, and Democracy Promotion Act of 2006''.
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\1\ Entire Act codified at 22 U.S.C. 2151 note.
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TITLE I--BILATERAL ACTION ON ADDRESSING URGENT NEEDS IN THE DEMOCRATIC
REPUBLIC OF THE CONGO
SEC. 101. FINDINGS.
Congress makes the following findings:
(1) The National Security Strategy of the United
States, dated September 17, 2002, concludes that ``[i]n
Africa, promise and opportunity sit side-by-side with
disease, war, and desperate poverty. This threatens
both a core value of the United States preserving human
dignity and our strategic priority combating global
terror. American interests and American principles,
therefore, lead in the same direction: we will work
with others for an African continent that lives in
liberty, peace, and growing prosperity.''.
(2) On February 16, 2005, the Director of the Central
Intelligence Agency testified, ``In Africa, chronic
instability will continue to hamper counterterrorism
efforts and pose heavy humanitarian and peacekeeping
burdens.''.
(3) According to the United States Agency for
International Development, ``Given its size,
population, and resources, the Congo is an important
player in Africa and of long-term interest to the
United States.''.
(4) The Democratic Republic of the Congo is 2,345,410
square miles (approximately \1/4\ the size of the
United States), lies at the heart of Africa, and
touches every major region of sub-Saharan Africa.
Therefore, a secure, peaceful, and prosperous
Democratic Republic of the Congo would have a profound
impact on progress throughout Africa.
(5) The most recent war in the Democratic Republic of
the Congo, which erupted in 1998, spawned some of the
world's worst human rights atrocities and drew in six
neighboring countries.
(6) Despite the conclusion of a peace agreement and
subsequent withdrawal of foreign forces in 2003, both
the real and perceived presence of armed groups hostile
to the Governments of Uganda, Rwanda, and Burundi
continue to serve as a major source of regional
instability and an apparent pretext for continued
interference in the Democratic Republic of the Congo by
its neighbors.
(7) A mortality study completed in December 2004 by
the International Rescue Committee found that 31,000
people were dying monthly and 3,800,000 people had died
in the previous six years because of the conflict in
the Democratic Republic of the Congo and resulting
disintegration of the social service infrastructure,
making this one of the deadliest conflicts since World
War II.
(8) In 2004, Amnesty International estimated that at
least 40,000 women and girls were systematically raped
and tortured in the Democratic Republic of the Congo
since 1998, and nearly two-thirds of ongoing abuses
against women and girls are perpetrated by members of
the security forces, particularly the Forces Armes de
la Republique Democratique du Congo (FARDC) and the
Police Nationale Congolaise (PNC).
(9) According to the Department of State, ``returning
one of Africa's largest countries [the Democratic
Republic of the Congo] to full peace and stability will
require significant United States investments in
support of national elections, the reintegration of
former combatants, the return and reintegration of
refugees and [internally displaced persons],
establishment of central government control over vast
territories, and promotion of national reconciliation
and good governance''.
SEC. 102. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to help promote, reinvigorate, and support the
political process in the Democratic Republic of the
Congo in order to press all parties in the Transitional
National Government and the succeeding government to
implement fully and to institutionalize mechanisms,
including national and international election
observers, fair and transparent voter registration
procedures, and a significant civic awareness and
public education campaign created for the July 30,
2006, elections and future elections in the Democratic
Republic of the Congo, to ensure that elections are
carried out in a fair and democratic manner;
(2) to urge the Government of the Democratic Republic
of the Congo to recognize and act upon its
responsibilities to immediately bring discipline to its
security forces, hold those individuals responsible for
atrocities and other human rights violations,
particularly the rape of women and girls as an act of
war, accountable and bring such individuals to justice;
(3) to help ensure that, once a stable national
government is established in the Democratic Republic of
the Congo, it is committed to multiparty democracy,
open and transparent governance, respect for human
rights and religious freedom, ending the violence
throughout the country, promoting peace and stability
with its neighbors, rehabilitating the national
judicial system and enhancing the rule of law,
combating corruption, instituting economic reforms to
promote development, and creating an environment to
promote private investment;
(4) to assist the Government of the Democratic
Republic of the Congo as it seeks to meet the basic
needs of its citizens, including security, safety, and
access to health care, education, food, shelter, and
clean drinking water;
(5) to support security sector reform by assisting
the Government of the Democratic Republic of the Congo
to establish a viable and professional national army
and police force that respects human rights and the
rule of law, is under effective civilian control, and
possesses a viable presence throughout the entire
country, provided the Democratic Republic of the Congo
meets all requirements for United States military
assistance under existing law;
(6) to help expedite planning and implementation of
programs associated with the disarmament,
demobilization, repatriation, reintegration, and
rehabilitation process in the Democratic Republic of
the Congo;
(7) to support efforts of the Government of the
Democratic Republic of the Congo, the United Nations
Peacekeeping Mission in the Democratic Republic of the
Congo (MONUC), and other entities, as appropriate, to
disarm, demobilize, and repatriate the Democratic
Forces for the Liberation of Rwanda and other illegally
armed groups;
(8) to make all efforts to ensure that the Government
of the Democratic Republic of the Congo--
(A) is committed to responsible and
transparent management of natural resources
across the country; and
(B) takes active measures--
(i) to promote economic development;
(ii) to hold accountable individuals
who illegally exploit the country's
natural resources; and
(iii) to implement the Extractive
Industries Transparency Initiative by
enacting laws requiring disclosure and
independent auditing of company
payments and government receipts for
natural resource extraction;
(9) to promote a viable civil society and to enhance
nongovernmental organizations and institutions,
including religious organizations, the media, political
parties, trade unions, and trade and business
associations, that can act as a stabilizing force and
effective check on the government;
(10) to help rebuild and enhance infrastructure,
communications, and other mechanisms that will increase
the ability of the central government to manage
internal affairs, encourage economic development, and
facilitate relief efforts of humanitarian
organizations;
(11) to help halt the high prevalence of sexual abuse
and violence perpetrated against women and children in
the Democratic Republic of the Congo and mitigate the
detrimental effects from acts of this type of violence
by undertaking a number of health, education, and
psycho-social support programs;
(12) to work aggressively on a bilateral basis to
urge governments of countries contributing troops to
the United Nations Peacekeeping Mission in the
Democratic Republic of the Congo (MONUC) to enact and
enforce laws on trafficking in persons and sexual abuse
that meet international standards, promote codes of
conduct for troops serving as part of United Nations
peacekeeping missions, and immediately investigate and
punish citizens who are responsible for abuses in the
Democratic Republic of the Congo;
(13) to assist the Government of the Democratic
Republic of the Congo as undertakes steps to--
(A) protect internally displaced persons and
refugees in the Democratic Republic of the
Congo and border regions from all forms of
violence, including gender-based violence and
other human rights abuses;
(B) address other basic needs of vulnerable
populations with the goal of allowing these
conflict-affected individuals to ultimately
return to their homes; and
(C) assess the magnitude of the problem of
orphans from conflict and HIV/AIDS in the
Democratic Republic of the Congo, and work to
establish a program of national support;
(14) to engage with governments working to promote
peace and security throughout the Democratic Republic
of the Congo and hold accountable individuals,
entities, and countries working to destabilize the
country; and
(15) to promote appropriate use of the forests of the
Democratic Republic of the Congo in a manner that
benefits the rural population in that country that
depends on the forests for their livelihoods and
protects national and environmental interests.
SEC. 103. BILATERAL ASSISTANCE TO THE DEMOCRATIC REPUBLIC OF THE CONGO.
(a) Funding for Fiscal Years 2006 and 2007.--Of the amounts
made available to carry out the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.), the Agricultural Trade Development
and Assistance Act of 1954 (68 Stat. 454, chapter 469), and the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for fiscal
year 2006 and 2007, at least $52,000,000 for each such fiscal
year should be allocated for bilateral assistance programs in
the Democratic Republic of the Congo.
(b) Future Year Funding.--It is the sense of Congress that
the Department of State should submit budget requests in fiscal
years 2008 and 2009 that contain increases in bilateral
assistance for the Democratic Republic of the Congo that are
appropriate if progress is being made, particularly cooperation
by the Government of the Democratic Republic of the Congo,
toward accomplishing the policy objectives described in section
102.
(c) Coordination With Other Donor Nations.--The United
States should work with other donor nations, on a bilateral and
multilateral basis, to increase international contributions to
the Democratic Republic of the Congo and accomplish the policy
objectives described in section 102.
SEC. 104. ACCOUNTABILITY FOR THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC
OF THE CONGO.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Government of the Democratic Republic of the
Congo must be committed to achieving the policy
objectives described in section 102 if the efforts of
the United States and other members of the
international community are to be effective in bringing
relief, security, and democracy to the country;
(2) the Government of the Democratic Republic of the
Congo should immediately exercise control over and
discipline its armed forces, stop the mass rapes at the
hands of its armed forces, and hold those responsible
for these acts accountable before an appropriate
tribunal;
(3) the Government of the Democratic Republic of the
Congo, in collaboration with international aid
agencies, should establish expert teams to assess the
needs of the victims of rape and provide health,
counseling, and social support services that such
victims need; and
(4) the international community, through the United
Nations peacekeeping mission, humanitarian and
development relief, and other forms of assistance, is
providing a substantial amount of funding that is
giving the Government of the Democratic Republic of the
Congo an opportunity to make progress towards
accomplishing the policy objectives described in
section 102, but this assistance cannot continue in
perpetuity.
(b) Termination of Assistance.--It is the sense of Congress
that the Secretary of State should withhold assistance
otherwise available under this Act if the Secretary determines
that the Government of the Democratic Republic of the Congo is
not making sufficient progress towards accomplishing the policy
objectives described in section 102.
SEC. 105. WITHHOLDING OF ASSISTANCE.
The Secretary of State is authorized to withhold assistance
made available under the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), other than humanitarian, peacekeeping,
and counterterrorism assistance, for a foreign country if the
Secretary determines that the government of the foreign country
is taking actions to destabilize the Democratic Republic of the
Congo.
SEC. 106. REPORT ON PROGRESS TOWARD ACCOMPLISHING POLICY OBJECTIVES.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to Congress a report on the
progress made toward accomplishing the policy objectives
described in section 102.
(b) Contents.--The report required under subsection (a)
shall include--
(1) a description of any major impediments that
prevent the accomplishment of the policy objectives
described in section 102, including any destabilizing
activities undertaken in the Democratic Republic of
Congo by governments of neighboring countries;
(2) an evaluation of United States policies and
foreign assistance programs designed to accomplish such
policy objectives; and
(3) recommendations for--
(A) improving the policies and programs
referred to in paragraph (2); and
(B) any additional bilateral or multilateral
actions necessary to promote peace and
prosperity in the Democratic Republic of the
Congo.
SEC. 107. SPECIAL ENVOY FOR THE GREAT LAKES REGION.
Not later than 60 days after the date of the enactment of
this Act, the President should appoint a Special Envoy for the
Great Lakes Region to help coordinate efforts to resolve the
instability and insecurity in Eastern Congo.
TITLE II--MULTILATERAL ACTIONS TO ADDRESS URGENT NEEDS IN THE
DEMOCRATIC REPUBLIC OF THE CONGO
SEC. 201. PROMOTION OF UNITED STATES POLICY TOWARD THE DEMOCRATIC
REPUBLIC OF THE CONGO IN THE UNITED NATIONS
SECURITY COUNCIL.
The United States should use its voice and vote in the
United Nations Security Council--
(1) to address exploitation at the United Nations
Peacekeeping Mission in the Democratic Republic of the
Congo (MONUC) by continuing to urge, when credible
allegations exist, appropriate investigation of alleged
perpetrators and, as necessary, prosecution of United
Nations personnel responsible for sexual abuses in the
Democratic Republic of the Congo;
(2) to conclude at the earliest possible date a
Memorandum of Understanding relating to binding codes
of conduct and programs for the prevention of sexual
abuse and trafficking in persons to be undertaken by
the United Nations for all countries that contribute
troops to MONUC, to include the assumption of personal
liability for the provision of victims assistance and
child support, as appropriate, by those who violate the
codes of conduct;
(3) to strengthen the authority and capacity of MONUC
by--
(A) providing specific authority and
obligation to prevent and effectively counter
imminent threats;
(B) clarifying and strengthening MONUC's
rules of engagement to enhance the protection
of vulnerable civilian populations;
(C) enhancing the surveillance and
intelligence-gathering capabilities available
to MONUC;
(D) where consistent with United States
policy, making available personnel,
communications, and military assets that
improve the effectiveness of robust
peacekeeping, mobility, and command and control
capabilities of MONUC; and
(E) providing MONUC with the authority and
resources needed to effectively monitor arms
trafficking and natural resource exploitation
at key border posts and airfields in the
eastern part of the Democratic Republic of the
Congo;
(4) to encourage regular visits of the United Nations
Security Council to monitor the situation in the
Democratic Republic of the Congo;
(5) to ensure that the practice of recruiting and
arming children in the Democratic Republic of the Congo
is immediately halted pursuant to Security Council
Resolutions 1460 (2003) and 1539 (2004);
(6) to strengthen the arms embargo imposed pursuant
to Security Council Resolution 1493 (2003) and ensure
that violators are held accountable through appropriate
measures, including the possible imposition of
sanctions;
(7) to allow for the more effective protection and
monitoring of natural resources in the Democratic
Republic of the Congo, especially in the eastern part
of the country, and for public disclosure and
independent auditing of natural resource revenues to
help ensure transparent and accountable management of
these revenues;
(8) to press countries in the Congo region to help
facilitate an end to the violence in the Democratic
Republic of the Congo and promote relief, security, and
democracy throughout the region; and
(9) to encourage the United Nations Secretary-General
to become more involved in completing the policy
objectives described in paragraphs (1) and (2) of
section 102 and ensure that recent fighting in North
Kivu, which displaced over 150,000 people, as well as
fighting in Ituri and other areas, does not create
widespread instability throughout the country.
SEC. 202. INCREASING CONTRIBUTIONS AND OTHER HUMANITARIAN AND
DEVELOPMENT ASSISTANCE THROUGH INTERNATIONAL
ORGANIZATIONS.
(a) In General.--The President should instruct the United
States permanent representative or executive director, as the
case may be, to the United Nations voluntary agencies,
including the World Food Program, the United Nations
Development Program, and the United Nations High Commissioner
for Refugees, and other appropriate international organizations
to use the voice and vote of the United States to support
additional humanitarian and development assistance for the
Democratic Republic of the Congo in order to accomplish the
policy objectives described in section 102.
(b) Support Contingent on Progress.--If the Secretary of
State determines that the Government of the Democratic Republic
of the Congo is not making sufficient progress towards
accomplishing the policy objectives described in section 102,
the President shall consider withdrawing United States support
for the assistance described in subsection (a) when future
funding decisions are considered.
g. Palestinian Anti-Terrorism Act of 2006
Partial text of Public Law 109-446 [S. 2370], 120 Stat. 3318, approved
December 21, 2006
AN ACT To promote the development of democratic institutions in areas
under the administrative control of the Palestinian Authority, 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 ``Palestinian Anti-Terrorism
Act of 2006''.
---------------------------------------------------------------------------
\1\ Freestanding sections of this Act are codified at 22 U.S.C.
2378b note.
---------------------------------------------------------------------------
SEC. 2. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.
(a) Declaration of Policy.--It shall be the policy of the
United States--
(1) to support a peaceful, two-state solution to end
the conflict between Israel and the Palestinians in
accordance with the Performance-Based Roadmap to a
Permanent Two-State Solution to the Israeli-Palestinian
Conflict (commonly referred to as the ``Roadmap'');
(2) to oppose those organizations, individuals, and
countries that support terrorism and violently reject a
two-state solution to end the Israeli-Palestinian
conflict;
(3) to promote the rule of law, democracy, the
cessation of terrorism and incitement, and good
governance in institutions and territories controlled
by the Palestinian Authority; and
(4) to urge members of the international community to
avoid contact with and refrain from supporting the
terrorist organization Hamas until it agrees to
recognize Israel, renounce violence, disarm, and accept
prior agreements, including the Roadmap.
(b) Amendments.--Chapter 1 of part III of the Foreign
Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is amended--
(1) by redesignating the second section 620G (as
added by section 149 of Public Law 104-164 (110 Stat.
1436)) as section 620J; and
(2) by adding at the end the following new section: *
* * \2\
---------------------------------------------------------------------------
\2\ Added sec. 620K--Limitation on Assistance to the Palestinian
Authority--to the Foreign Assistance Act of 1961 (at 22 U.S.C. 2378b).
---------------------------------------------------------------------------
(c) Previously Obligated Funds.--The provisions of section
620K of the Foreign Assistance Act of 1961, as added by
subsection (b), shall be applicable to the unexpended balances
of funds obligated prior to the date of the enactment of this
Act.
SEC. 3. LIMITATION ON ASSISTANCE FOR THE WEST BANK AND GAZA.
(a) Amendment.--Chapter 1 of part III of the Foreign
Assistance Act of 1961 (22 U.S.C. 2351 et seq.), as amended by
section 2(b)(2), is further amended by adding at the end the
following new section: * * * \3\
---------------------------------------------------------------------------
\3\ Added sec. 620L--Limitation on Assistance for the West Bank and
Gaza--to the Foreign Assistance Act of 1961 (at 22 U.S.C. 2378c).
---------------------------------------------------------------------------
(b) Oversight and Related Requirements.--
(1) Oversight.--For each of the fiscal years 2007 and
2008, the Secretary of State shall certify to the
appropriate congressional committees not later than 30
days prior to the initial obligation of amounts for
assistance to nongovernmental organizations for the
West Bank or Gaza under the Foreign Assistance Act of
1961 that procedures have been established to ensure
that the Comptroller General of the United States will
have access to appropriate United States financial
information in order to review the use of such
assistance.
(2) Vetting.--Prior to any obligation of amounts for
each of the fiscal years 2007 and 2008 for assistance
to nongovernmental organizations for the West Bank or
Gaza under the Foreign Assistance Act of 1961, the
Secretary of State shall take all appropriate steps to
ensure that such assistance is not provided to or
through any individual or entity that the Secretary
knows, or has reason to believe, advocates, plans,
sponsors, engages in, or has engaged in, terrorist
activity. The Secretary shall, as appropriate,
establish procedures specifying the steps to be taken
in carrying out this paragraph and shall terminate
assistance to any individual or entity that the
Secretary has determined advocates, plans, sponsors, or
engages in terrorist activity.
(3) Prohibition.--No amounts made available for
fiscal year 2007 or 2008 for assistance to
nongovernmental organizations for the West Bank or Gaza
under the Foreign Assistance Act of 1961 may be made
available for the purpose of recognizing or otherwise
honoring individuals who commit, or have committed,
acts of terrorism.
(4) Audits.--
(A) In general.--The Administrator of the
United States Agency for International
Development shall ensure that Federal or non-
Federal audits of all contractors and grantees,
and significant subcontractors and subgrantees,
that receive amounts for assistance to
nongovernmental organizations for the West Bank
or Gaza under the Foreign Assistance Act of
1961 are conducted for each of the fiscal years
2007 and 2008 to ensure, among other things,
compliance with this subsection.
(B) Audits by inspector general of usaid.--Of
the amounts available for each of the fiscal
years 2007 and 2008 for assistance to
nongovernmental organizations for the West Bank
or Gaza under the Foreign Assistance Act of
1961, up to $1,000,000 for each such fiscal
year may be used by the Office of the Inspector
General of the United States Agency for
International Development for audits,
inspections, and other activities in
furtherance of the requirements of subparagraph
(A). Such amounts are in addition to amounts
otherwise available for such purposes.
SEC. 4. DESIGNATION OF TERRITORY CONTROLLED BY THE PALESTINIAN
AUTHORITY AS TERRORIST SANCTUARY.
It is the sense of Congress that, during any period for
which a certification described in section 620K(b) of the
Foreign Assistance Act of 1961 (as added by section 2(b)(2) of
this Act) is not in effect with respect to the Palestinian
Authority, the territory controlled by the Palestinian
Authority should be deemed to be in use as a sanctuary for
terrorists or terrorist organizations for purposes of section
6(j)(5) of the Export Administration Act of 1979 (50 U.S.C.
App. 2405(j)(5)) and section 140 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f).
SEC. 5. DENIAL OF VISAS FOR OFFICIALS OF THE PALESTINIAN AUTHORITY.
(a) In General.--Except as provided in subsection (b), a
visa should not be issued to any alien who is an official of,
under the control of, or serving as a representative of the
Hamas-led Palestinian Authority during any period for which a
certification described in section 620K(b) of the Foreign
Assistance Act of 1961 (as added by section 2(b)(2) of this
Act) is not in effect with respect to the Palestinian
Authority.
(b) Exception.--The restriction under subsection (a) should
not apply to--
(1) the President of the Palestinian Authority and
his or her personal representatives, provided that the
President and his or her personal representatives are
not affiliated with Hamas or any other foreign
terrorist organization; and
(2) members of the Palestinian Legislative Council
who are not members of Hamas or any other foreign
terrorist organization.
SEC. 6. TRAVEL RESTRICTIONS ON OFFICIALS AND REPRESENTATIVES OF THE
PALESTINIAN AUTHORITY AND THE PALESTINE LIBERATION
ORGANIZATION STATIONED AT THE UNITED NATIONS IN NEW
YORK CITY.
(a) In General.--Notwithstanding any other provision of
law, and except as provided in subsection (b), the President
should restrict the travel of officials and representatives of
the Palestinian Authority and of the Palestine Liberation
Organization, who are stationed at the United Nations in New
York City to a 25-mile radius of the United Nations
headquarters building during any period for which a
certification described in section 620K(b) of the Foreign
Assistance Act of 1961 (as added by section 2(b)(2) of this
Act) is not in effect with respect to the Palestinian
Authority.
(b) Exception.--The travel restrictions described in
subsection (a) should not apply to the President of the
Palestinian Authority and his or her personal representatives,
provided that the President and his or her personal
representatives are not affiliated with Hamas or any other
foreign terrorist organization.
SEC. 7. PROHIBITION ON PALESTINIAN AUTHORITY REPRESENTATION IN THE
UNITED STATES.
(a) Prohibition.--Notwithstanding any other provision of
law, it shall be unlawful to establish or maintain an office,
headquarters, premises, or other facilities or establishments
within the jurisdiction of the United States at the behest or
direction of, or with funds provided by, the Palestinian
Authority during any period for which a certification described
in section 620K(b) of the Foreign Assistance Act of 1961 (as
added by section 2(b)(2) of this Act) is not in effect with
respect to the Palestinian Authority.
(b) Enforcement.--
(1) Attorney general.--The Attorney General shall
take the necessary steps and institute the necessary
legal action to effectuate the policies and provisions
of subsection (a).
(2) Relief.--Any district court of the United States
for a district in which a violation of subsection (a)
occurs shall have authority, upon petition of relief by
the Attorney General, to grant injunctive and such
other equitable relief as it shall deem necessary to
enforce the provisions of subsection (a).
(c) Waiver.--Subsection (a) shall not apply if the
President determines and certifies to the appropriate
congressional committees that the establishment or maintenance
of an office, headquarters, premises, or other facilities is
vital to the national security interests of the United States.
SEC. 8. INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) Requirement.--The President should direct the United
States Executive Director at each international financial
institution to use the voice, vote, and influence of the United
States to prohibit assistance to the Palestinian Authority
(other than assistance described under subsection (b)) during
any period for which a certification described in section
620K(b) of the Foreign Assistance of 1961 (as added by section
2(b)(2) of this Act) is not in effect with respect to the
Palestinian Authority.
(b) Exceptions.--The prohibition on assistance described in
subsection (a) should not apply with respect to the following
types of assistance:
(1) Assistance to meet food, water, medicine, or
sanitation needs, or other assistance to meet basic
human needs.
(2) Assistance to promote democracy, human rights,
freedom of the press, non-violence, reconciliation, and
peaceful coexistence, provided that such assistance
does not directly benefit Hamas or other foreign
terrorist organizations.
(c) Definition.--In this section, the term ``international
financial institution'' has the meaning given the term in
section 1701(c)(2) of the International Financial Institutions
Act (22 U.S.C. 262r(c)(2)).
SEC. 9. DIPLOMATIC CONTACTS WITH PALESTINIAN TERROR ORGANIZATIONS.
No funds authorized or available to the Department of State
may be used for or by any officer or employee of the United
States Government to negotiate with members or official
representatives of Hamas, Palestinian Islamic Jihad, the
Popular Front for the Liberation of Palestine, al-Aqsa Martyrs
Brigade, or any other Palestinian terrorist organization
(except in emergency or humanitarian situations), unless and
until such organization--
(1) recognizes Israel's right to exist;
(2) renounces the use of terrorism;
(3) dismantles the infrastructure in areas within its
jurisdiction necessary to carry out terrorist acts,
including the disarming of militias and the elimination
of all instruments of terror; and
(4) recognizes and accepts all previous agreements
and understandings between the State of Israel and the
Palestinian Authority.
SEC. 10. ISRAELI-PALESTINIAN PEACE, RECONCILIATION AND DEMOCRACY FUND.
(a) Establishment of Fund.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of State
shall establish a fund to be known as the ``Israeli-Palestinian
Peace, Reconciliation and Democracy Fund'' (in this section
referred to as the ``Fund''). The purpose of the Fund shall be
to support, primarily, through Palestinian and Israeli
organizations, the promotion of democracy, human rights,
freedom of the press, and non-violence among Palestinians, and
peaceful coexistence and reconciliation between Israelis and
Palestinians.
(b) Annual Report.--Not later than 60 days after the date
of the enactment of this Act, and annually thereafter for so
long as the Fund remains in existence, the Secretary of State
shall submit to the appropriate congressional committees a
report on programs sponsored and proposed to be sponsored by
the Fund.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of State $20,000,000 for
fiscal year 2007 for purposes of the Fund.
SEC. 11. REPORTING REQUIREMENT.
Not later than 90 days after the date of the enactment of
this Act, and annually thereafter, the Secretary of State shall
submit to the appropriate congressional committees a report
that--
(1) describes the steps that have been taken by the
United States Government to ensure that other countries
and international organizations, including multilateral
development banks, do not provide direct assistance to
the Palestinian Authority for any period for which a
certification described in section 620K(b) of the
Foreign Assistance Act of 1961 (as added by section
2(b)(2) of this Act) is not in effect with respect to
the Palestinian Authority; and
(2) identifies any countries and international
organizations, including multilateral development
banks, that are providing direct assistance to the
Palestinian Authority during such a period, and
describes the nature and amount of such assistance.
SEC. 12. DEFINITIONS.
In this Act:
(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) Palestinian authority.--The term ``Palestinian
Authority'' has the meaning given the term in section
620K(e)(2) of the Foreign Assistance Act of 1961 (as
added by section 2(b)(2) of this Act).
h. Iran Freedom Support Act
Public Law 109-293 [H.R. 6198], 120 Stat. 1344, approved September 30,
2006
AN ACT To hold the current regime in Iran accountable for its
threatening behavior and to support a transition to democracy in Iran.
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 ``Iran Freedom Support Act''.
---------------------------------------------------------------------------
\1\ Freestanding sections of the Act, excluding title IV, are
codified at 50 U.S.C. 1701 note.
---------------------------------------------------------------------------
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows: * * *
TITLE I--CODIFICATION OF SANCTIONS AGAINST IRAN
SEC. 101. CODIFICATION OF SANCTIONS.
(a) Codification of Sanctions.--Except as otherwise
provided in this section, United States sanctions with respect
to Iran imposed pursuant to sections 1 and 3 of Executive Order
No. 12957, sections 1(e), (1)(g), and (3) of Executive Order
No. 12959, and sections 2, 3, and 5 of Executive Order No.
13059 (relating to exports and certain other transactions with
Iran) as in effect on January 1, 2006, shall remain in effect.
The President may terminate such sanctions, in whole or in
part, if the President notifies Congress at least 15 days in
advance of such termination. In the event of exigent
circumstances, the President may exercise the authority set
forth in the preceding sentence without regard to the
notification requirement stated therein, except that such
notification shall be provided as early as practicable, but in
no event later than three working days after such exercise of
authority.
(b) No Effect on Other Sanctions Relating to Support for
Acts of International Terrorism.--Nothing in this Act shall
affect any United States sanction, control, or regulation as in
effect on January 1, 2006, relating to a determination under
section 6(j)(1)(A) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)(1)(A)), section 620A(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371(a)), or section 40(d) of
the Arms Export Control Act (22 U.S.C. 2780(d)) that the
Government of Iran has repeatedly provided support for acts of
international terrorism.
TITLE II--AMENDMENTS TO THE IRAN AND LIBYA SANCTIONS ACT OF 1996 AND
OTHER PROVISIONS RELATED TO INVESTMENT IN IRAN
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note.--Title II amends the Iran and Libya Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701
--------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE III--PROMOTION OF DEMOCRACY FOR IRAN
SEC. 301. DECLARATION OF POLICY.
(a) In General.--Congress declares that it should be the
policy of the United States--
(1) to support efforts by the people of Iran to
exercise self-determination over the form of government
of their country; and
(2) to support independent human rights and peaceful
pro-democracy forces in Iran.
(b) Rule of Construction.--Nothing in this Act shall be
construed as authorizing the use of force against Iran.
SEC. 302. ASSISTANCE TO SUPPORT DEMOCRACY FOR IRAN.
(a) Authorization.--
(1) In general.--Notwithstanding any other provision
of law, the President is authorized to provide
financial and political assistance (including the award
of grants) to foreign and domestic individuals,
organizations, and entities working for the purpose of
supporting and promoting democracy for Iran. Such
assistance may include the award of grants to eligible
independent pro-democracy radio and television
broadcasting organizations that broadcast into Iran.
(2) Limitation on assistance.--In accordance with the
rule of construction described in subsection (b) of
section 301, none of the funds authorized under this
section shall be used to support the use of force
against Iran.
(b) Eligibility for Assistance.--Financial and political
assistance under this section should be provided only to an
individual, organization, or entity that--
(1) officially opposes the use of violence and
terrorism and has not been designated as a foreign
terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189) at any
time during the preceding four years;
(2) advocates the adherence by Iran to
nonproliferation regimes for nuclear, chemical, and
biological weapons and materiel;
(3) is dedicated to democratic values and supports
the adoption of a democratic form of government in
Iran;
(4) is dedicated to respect for human rights,
including the fundamental equality of women;
(5) works to establish equality of opportunity for
people; and
(6) supports freedom of the press, freedom of speech,
freedom of association, and freedom of religion.
(c) Funding.--The President may provide assistance under
this section using--
(1) funds available to the Middle East Partnership
Initiative (MEPI), the Broader Middle East and North
Africa Initiative, and the Human Rights and Democracy
Fund; and
(2) amounts made available pursuant to the
authorization of appropriations under subsection (g).
(d) Notification.--Not later than 15 days before each
obligation of assistance under this section, and in accordance
with the procedures under section 634A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394-l), the President shall
notify 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.
(e) Sense of Congress Regarding Diplomatic Assistance.--It
is the sense of Congress that--
(1) support for a transition to democracy in Iran
should be expressed by United States representatives
and officials in all appropriate international fora;
(2) officials and representatives of the United
States should--
(A) strongly and unequivocally support
indigenous efforts in Iran calling for free,
transparent, and democratic elections; and
(B) draw international attention to
violations by the Government of Iran of human
rights, freedom of religion, freedom of
assembly, and freedom of the press.
(f) Duration.--The authority to provide assistance under
this section shall expire on December 31, 2011.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of State such sums as may
be necessary to carry out this section.
TITLE IV--POLICY OF THE UNITED STATES TO FACILITATE THE NUCLEAR
NONPROLIFERATION OF IRAN
SEC. 401. SENSE OF CONGRESS.
(a) Sense of Congress.--It should be the policy of the
United States not to bring into force an agreement for
cooperation with the government of any country that is
assisting the nuclear program of Iran or transferring advanced
conventional weapons or missiles to Iran unless the President
has determined that--
(1) Iran has suspended all enrichment-related and
reprocessing-related activity (including uranium
conversion and research and development, manufacturing,
testing, and assembly relating to enrichment and
reprocessing), has committed to verifiably refrain
permanently from such activity in the future (except
potentially the conversion of uranium exclusively for
export to foreign nuclear fuel production facilities
pursuant to internationally agreed arrangements and
subject to strict international safeguards), and is
abiding by that commitment; or
(2) the government of that country--
(A) has, either on its own initiative or
pursuant to a binding decision of the United
Nations Security Council, suspended all nuclear
assistance to Iran and all transfers of
advanced conventional weapons and missiles to
Iran, pending a decision by Iran to implement
measures that would permit the President to
make the determination described in paragraph
(1); and
(B) is committed to maintaining that
suspension until Iran has implemented measures
that would permit the President to make such
determination.
(b) Definitions.--In this section:
(1) Agreement for cooperation.--The term ``agreement
for cooperation'' has the meaning given that term in
section 11 b. of the Atomic Energy Act of 1954 (42
U.S.C. 2014(b)).
(2) Assisting the nuclear program of iran.--The term
``assisting the nuclear program of Iran'' means the
intentional transfer to Iran by a government, or by a
person subject to the jurisdiction of a government,
with the knowledge and acquiescence of that government,
of goods, services, or technology listed on the Nuclear
Suppliers Group Guidelines for the Export of Nuclear
Material, Equipment and Technology (published by the
International Atomic Energy Agency as Information
Circular INFCIRC/254/Rev. 3/Part 1, and subsequent
revisions) or Guidelines for Transfers of Nuclear-
Related Dual-Use Equipment, Material and Related
Technology (published by the International Atomic
Energy Agency as Information Circular INFCIRC/254/Rev.
3/Part 2 and subsequent revisions).
(3) Transferring advanced conventional weapons or
missiles to iran.--The term ``transferring advanced
conventional weapons or missiles to Iran'' means the
intentional transfer to Iran by a government, or by a
person subject to the jurisdiction of a government,
with the knowledge and acquiescence of that government,
of--
(A) advanced conventional weapons; or
(B) goods, services, or technology listed on
the Missile Technology Control Regime Equipment
and Technology Annex of June 11, 1996, and
subsequent revisions.
TITLE V--PREVENTION OF MONEY LAUNDERING FOR WEAPONS OF MASS DESTRUCTION
SEC. 501. PREVENTION OF MONEY LAUNDERING FOR WEAPONS OF MASS
DESTRUCTION.
Section 5318A(c)(2) of title 31, United States Code, is
amended--
(1) in subparagraph (A)(i), by striking ``or both,''
and inserting ``or entities involved in the
proliferation of weapons of mass destruction or
missiles''; and
(2) in subparagraph (B)(i), by inserting ``,
including any money laundering activity by organized
criminal groups, international terrorists, or entities
involved in the proliferation of weapons of mass
destruction or missiles'' before the semicolon at the
end.
i. Transfer of Items in the War Reserves Stockpile for Allies, Korea
Public Law 109-159 [S. 1988], 119 Stat. 2955, approved December 30,
2005
AN ACT To authorize the transfer of items in the War Reserves Stockpile
for Allies, Korea.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION. 1.\1\ WAR RESERVES STOCKPILE FOR ALLIES, KOREA.
(a) Authority to Transfer Items in Stockpile.--
---------------------------------------------------------------------------
\1\ On May 18, 2006, the President assigned authority under sec. 1
to the Secretary of Defense (Presidential Memorandum; 71 F.R. 35769).
See also the Naval Vessel Transfer Act of 2008, sec. 203, relating to
security cooperation with Korea (Public Law 110-429; 122 Stat. 4844).
---------------------------------------------------------------------------
(1) In general.--Notwithstanding section 514 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the
President is authorized to transfer to the Republic of
Korea, on such conditions as the President may
determine, any or all of the items described in
paragraph (2).
(2) Covered items.--The items referred to in
paragraph (1) are munitions, equipment, and materiel
such as tanks, trucks, artillery, mortars, general
purpose bombs, repair parts, barrier material, and
ancillary equipment if such items are--
(A) obsolete or surplus items;
(B) in the inventory of the Department of
Defense;
(C) intended for use as reserve stocks for
the Republic of Korea; and
(D) as of the date of the enactment of this
Act, located in a stockpile in the Republic of
Korea or Japan.
(3) Valuation of concessions.--The value of
concessions negotiated pursuant to paragraph (1) shall
be at least equal to the fair market value of the items
transferred, less any savings (which may not exceed the
fair market value of the items transferred) accruing to
the Department of Defense from an avoidance of the cost
of removal of such items from the Republic of Korea or
of the disposal of such items. The concessions may
include cash compensation, services, waiver of charges
otherwise payable by the United States (such as charges
for demolition of United States-owned or United States-
intended munitions), and other items of value.
(4) Termination.--No transfer may be made under the
authority of this subsection after the date that is
three years after the date of the enactment of this
Act.
(b) Certification Regarding Materiel in Stockpile.--Not
later than 60 days after the date of the enactment of this Act,
the Secretary of Defense shall certify to the appropriate
committees of Congress whether or not the ammunition,
equipment, and materiel in the War Reserves Stockpile for
Allies, Korea that are available for transfer to the Republic
of Korea is of any utility to the United States for any of the
following:
(1) Counterterrorism operations.
(2) Contingency operations.
(3) Training.
(4) Stockpile, pre-positioning, or war reserve
requirements.
(c) Termination of Stockpile.--
(1) In general.--At the conclusion of the transfer to
the Republic of Korea under subsection (a) of items in
the War Reserves Stockpile for Allies, Korea pursuant
to that subsection, the War Reserves Stockpile for
Allies, Korea program shall be terminated.
(2) Disposition of remaining items.--Any items
remaining in the War Reserves Stockpile for Allies,
Korea as of the termination of the War Reserves
Stockpile for Allies, Korea program under paragraph (1)
shall be removed, disposed of, or both by the
Department of Defense.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committees on Armed Services, Appropriations,
and Foreign Relations of the Senate; and
(2) the Committees on Armed Services, Appropriations,
and International Relations of the House of
Representatives.
j. Naval Vessels Transfer Act of 2005
Public Law 109-134 [S. 1886], 119 Stat. 2575, approved December 20,
2005
AN ACT To authorize the transfer of naval vessels to certain foreign
recipients.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Naval Vessels Transfer Act
of 2005''.
SEC. 2. TRANSFERS BY GRANT.
The President is authorized to transfer vessels to foreign
recipients on a grant basis under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j), as follows:
(1) Greece.--To the Government of Greece, the OSPREY
class minehunter coastal ship PELICAN (MHC-53).
(2) Egypt.--To the Government of Egypt, the OSPREY
class minehunter coastal ships CARDINAL (MHC-60) and
RAVEN (MHC-61).
(3) Pakistan.--To the Government of Pakistan, the
SPRUANCE class destroyer ship FLETCHER (DD-992).
(4) Turkey.--To the Government of Turkey, the
SPRUANCE class destroyer ship CUSHING (DD-985).
SEC. 3. TRANSFERS BY SALE.
The President is authorized to transfer vessels to foreign
recipients on a sale basis under section 21 of the Arms Export
Control Act (22 U.S.C. 2761), as follows:
(1) India.--To the Government of India, the AUSTIN
class amphibious transport dock ship TRENTON (LPD-14).
(2) Greece.--To the Government of Greece, the OSPREY
class minehunter coastal ship HERON (MHC-52).
(3) Turkey.--To the Government of Turkey, the
SPRUANCE class destroyer ship O'BANNON (DD-987).
SEC. 4. GRANTS NOT COUNTED IN ANNUAL TOTAL OF TRANSFERRED EXCESS
DEFENSE ARTICLES.
The value of a vessel transferred to another country on a
grant basis pursuant to authority provided by section 2 shall
not be counted against the aggregate value of excess defense
articles transferred to countries in any fiscal year under
section 516 of the Foreign Assistance Act of 1961.
SEC. 5. COSTS OF CERTAIN TRANSFERS.
Notwithstanding section 516(e)(1) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(e)(1)), any expense incurred by
the United States in connection with a transfer authorized
under section 2 shall be charged to the recipient.
SEC. 6. REPAIR AND REFURBISHMENT IN UNITED STATES SHIPYARDS.
To the maximum extent practicable, the President shall
require, as a condition of the transfer of a vessel under this
section, that the country to which the vessel is transferred
have such repair or refurbishment of the vessel as is needed
before the vessel joins the naval forces of that country be
performed at a shipyard located in the United States, including
a United States Navy shipyard.
SEC. 7. EXPIRATION OF AUTHORITY.
The authority to transfer a vessel under this section shall
expire at the end of the 2-year period beginning on the date of
the enactment of this Act.
k. Senator Paul Simon Water for the Poor Act of 2005
Partial text of Public Law 109-121 [H.R. 1973], 119 Stat. 2533,
approved December 1, 2005
AN ACT To make access to safe water and sanitation for developing
countries a specific policy objective of the United States foreign
assistance programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. \1\ SHORT TITLE.
This Act may be cited as the ``Senator Paul Simon Water for
the Poor Act of 2005''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2152h note.
---------------------------------------------------------------------------
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Water-related diseases are a human tragedy,
killing up to five million people annually, preventing
millions of people from leading healthy lives, and
undermining development efforts.
(2) A child dies an average of every 15 seconds
because of lack of access to safe water and adequate
sanitation.
(3) In the poorest countries in the world, one out of
five children dies from a preventable, water-related
disease.
(4) Lack of access to safe drinking water, inadequate
sanitation, and poor hygiene practices are directly
responsible for the vast majority of diarrheal diseases
which kill over two million children each year.
(5) At any given time, half of all people in the
developing world are suffering from one or more of the
main diseases associated with inadequate provision of
water supply and sanitation services.
(6) Over 1.1 billion people, one in every six people
in the world, lack access to safe drinking water.
(7) Nearly 2.6 billion people, two in every five
people in the world, lack access to basic sanitation
services.
(8) Half of all schools in the world do not have
access to safe drinking water and basic sanitation.
(9) Over the past 20 years, two billion people have
gained access to safe drinking water and 600 million
people have gained access to basic sanitation services.
(10) Access to safe water and sanitation and improved
hygiene are significant factors in controlling the
spread of disease in the developing world and
positively affecting worker productivity and economic
development.
(11) Increasing access to safe water and sanitation
advances efforts toward other development objectives,
such as fighting poverty and hunger, promoting primary
education and gender equality, reducing child
mortality, promoting environmental stability, improving
the lives of slum dwellers, and strengthening national
security.
(12) Providing safe supplies of water and sanitation
and hygiene improvements would save millions of lives
by reducing the prevalence of water-borne diseases,
water-based diseases, water-privation diseases, and
water-related vector diseases.
(13) Because women and girls in developing countries
are often the carriers of water, lack of access to safe
water and sanitation disproportionately affects women
and limits women's opportunities at education,
livelihood, and financial independence.
(14) Between 20 percent and 50 percent of existing
water systems in developing countries are not operating
or are operating poorly.
(15) In developing world water delivery systems, an
average of 50 percent of all water is lost before it
gets to the end-user.
(16) Every $1 invested in safe water and sanitation
would yield an economic return of between $3 and $34,
depending on the region.
(17) Developing sustainable financing mechanisms,
such as pooling mechanisms and revolving funds, is
necessary for the long-term viability of improved water
and sanitation services.
(18) The annual level of investment needed to meet
the water and sanitation needs of developing countries
far exceeds the amount of Official Development
Assistance (ODA) and spending by governments of
developing countries, so facilitating and attracting
greater public and private investment is essential.
(19) Meeting the water and sanitation needs of the
lowest-income developing countries will require an
increase in the resources available as grants from
donor countries.
(20) The long-term sustainability of improved water
and sanitation services can be advanced by promoting
community level action and engagement with civil
society.
(21) Target 10 of the United Nations Millennium
Development Goals is to reduce by half the proportion
of people without sustainable access to safe drinking
water by 2015.
(22) The participants in the 2002 World Summit on
Sustainable Development, held in Johannesburg, South
Africa, including the United States, agreed to the Plan
of Implementation of the World Summit on Sustainable
Development which included an agreement to work to
reduce by one-half ``the proportion of people who are
unable to reach or afford safe drinking water,'' and
``the proportion of people without access to basic
sanitation'' by 2015.
(23) At the World Summit on Sustainable Development,
the United States announced the Water for the Poor
Initiative, committing $970 million for fiscal years
2003 through 2005 to improve sustainable management of
fresh water resources and accelerate and expand
international efforts to achieve the goal of cutting in
half by 2015 the proportion of people who are unable to
reach or to afford safe drinking water.
(24) United Nations General Assembly Resolution 58/
217 (February 9, 2004) proclaimed ``the period from
2005 to 2015 the International Decade for Action,
`Water for Life', to commence on World Water Day, 22
March 2005'' for the purpose of increasing the focus of
the international community on water-related issues at
all levels and on the implementation of water-related
programs and projects.
(25) Around the world, 263 river basins are shared by
two or more countries, and many more basins and
watersheds cross political or ethnic boundaries.
(26) Water scarcity can contribute to insecurity and
conflict on subnational, national, and international
levels, thus endangering the national security of the
United States.
(27) Opportunities to manage water problems can be
leveraged in ways to build confidence, trust, and peace
between parties in conflict.
(28) Cooperative water management can help resolve
conflicts caused by other problems and is often a
crucial component in resolving such conflicts.
(29) Cooperative water management can help countries
recover from conflict and, by promoting dialogue and
cooperation among former parties in conflict, can help
prevent the reemergence of conflict.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to increase the percentage of water and
sanitation assistance targeted toward countries
designated as high priority countries under section
6(f) of this Act;
(2) to ensure that water and sanitation assistance
reflect an appropriate balance of grants, loans,
contracts, investment insurance, loan guarantees, and
other assistance to further ensure affordability and
equity in the provision of access to safe water and
sanitation for the very poor;
(3) to ensure that the targeting of water and
sanitation assistance reflect an appropriate balance
between urban, periurban, and rural areas to meet the
purposes of assistance described in section 135 of the
Foreign Assistance Act of 1961, as added by section
5(a) of this Act;
(4) to ensure that forms of water and sanitation
assistance provided reflect the level of existing
resources and markets for investment in water and
sanitation within recipient countries;
(5) to ensure that water and sanitation assistance,
to the extent possible, supports the poverty reduction
strategies of recipient countries and, when
appropriate, encourages the inclusion of water and
sanitation within such poverty reduction strategies;
(6) to promote country and local ownership of safe
water and sanitation programs, to the extent
appropriate;
(7) to promote community-based approaches in the
provision of affordable and equitable access to safe
water and sanitation, including the involvement of
civil society;
(8) to mobilize and leverage the financial and
technical capacity of businesses, governments,
nongovernmental organizations, and civil society in the
form of public-private alliances;
(9) to encourage reforms and increase the capacity of
foreign governments to formulate and implement policies
that expand access to safe water and sanitation in an
affordable, equitable, and sustainable manner,
including integrated strategic planning; and
(10) to protect the supply and availability of safe
water through sound environmental management, including
preventing the destruction and degradation of
ecosystems and watersheds.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) in order to make the most effective use of
amounts of Official Development Assistance for water
and sanitation and avoid waste and duplication, the
United States should seek to establish innovative
international coordination mechanisms based on best
practices in other development sectors; and
(2) the United States should greatly increase the
amount of Official Development Assistance made
available to carry out section 135 of the Foreign
Assistance Act of 1961, as added by section 5(a) of
this Act.
SEC. 5. ASSISTANCE TO PROVIDE SAFE WATER AND SANITATION.
(a) In General.--Chapter 1 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by
adding at the end the following new section: * * * \2\
---------------------------------------------------------------------------
\2\ Sec. 5(a) added a new sec. 135 to the Foreign Assistance Act of
1961 (at 22 U.S.C. 2152h).
---------------------------------------------------------------------------
(b) Conforming Amendment.--Section 104(c) of the
Agricultural Trade Development and Assistance Act of 1954 (7
U.S.C. 1704(c)) is amended by adding at the end the following
new paragraph:
``(9) Safe water and sanitation.--To provide
assistance under section 135 of the Foreign Assistance
Act of 1961 to promote good health, economic
development, poverty reduction, women's empowerment,
conflict prevention, and environmental sustainability
by increasing affordable and equitable access to safe
water and sanitation.''.
SEC. 6. SAFE WATER AND SANITATION STRATEGY.
(a) Strategy.--The President, acting through the Secretary
of State, shall develop a strategy to further the United States
foreign assistance objective to provide affordable and
equitable access to safe water and sanitation in developing
countries, as described in section 135 of the Foreign
Assistance Act of 1961, as added by section 5(a) of this Act.
(b) Consultation.--The strategy required by subsection (a)
shall be developed in consultation with the Administrator of
the United States Agency for International Development, the
heads of other appropriate Federal departments and agencies,
international organizations, international financial
institutions, recipient governments, United States and
international nongovernmental organizations, indigenous civil
society, and other appropriate entities.
(c) Implementation.--The Secretary of State, acting through
the Administrator of the United States Agency for International
Development, shall implement the strategy required by
subsection (a). The strategy may also be implemented in part by
other Federal departments and agencies, as appropriate.
(d) Consistent With Safe Water and Sanitation Policy.--The
strategy required by subsection (a) shall be consistent with
the policy stated in section 3 of this Act.
(e) Content.--The strategy required by subsection (a) shall
include--
(1) an assessment of the activities that have been
carried out, or that are planned to be carried out, by
all appropriate Federal departments and agencies to
improve affordable and equitable access to safe water
and sanitation in all countries that receive assistance
from the United States;
(2) specific and measurable goals, benchmarks, and
timetables to achieve the objective described in
subsection (a);
(3) an assessment of the level of funding and other
assistance for United States water and sanitation
programs needed each year to achieve the goals,
benchmarks, and timetables described in paragraph (2);
(4) methods to coordinate and integrate United States
water and sanitation assistance programs with other
United States development assistance programs to
achieve the objective described in subsection (a);
(5) methods to better coordinate United States water
and sanitation assistance programs with programs of
other donor countries and entities to achieve the
objective described in subsection (a); and
(6) an assessment of the commitment of governments of
countries that receive assistance under section 135 of
the Foreign Assistance Act of 1961, as added by section
5(a) of this Act, to policies or policy reforms that
support affordable and equitable access by the people
of such countries to safe water and sanitation.
(f) Designation of High Priority Countries.--The strategy
required by subsection (a) shall further include the
designation of high priority countries for assistance under
section 135 of the Foreign Assistance Act of 1961, as added by
section 5(a) of this Act. This designation shall be made on the
basis of--
(1) countries in which the need for increased access
to safe water and sanitation is greatest; and
(2) countries in which assistance under such section
can be expected to make the greatest difference in
promoting good health, economic development, poverty
reduction, women's empowerment, conflict prevention,
and environmental sustainability.
(g) Reports.--
(1) Initial report.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
State shall submit to the appropriate congressional
committees a report that describes the strategy
required by subsection (a).
(2) Subsequent reports.--
(A) In general.--Not less than once every
year after the submission of the initial report
under paragraph (1) until 2015, the Secretary
of State shall submit to the appropriate
congressional committees a report on the status
of the implementation of the strategy, progress
made in achieving the objective described in
subsection (a), and any changes to the strategy
since the date of the submission of the last
report.
(B) Additional information.--Such reports
shall include information on the amount of
funds expended in each country or program,
disaggregated by purpose of assistance,
including information on capital investments,
and the source of such funds by account.
(3) Definition.--In this subsection, the term
``appropriate congressional committees'' means--
(A) the Committee on International Relations
and the Committee on Appropriations of the
House of Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
SEC. 7. MONITORING REQUIREMENT.
The Secretary of State and the Administrator of the United
States Agency for International Development shall monitor the
implementation of assistance under section 135 of the Foreign
Assistance Act of 1961, as added by section 5(a) of this Act,
to ensure that the assistance is reaching its intended targets
and meeting the intended purposes of assistance.
SEC. 8. SENSE OF CONGRESS REGARDING DEVELOPMENT OF LOCAL CAPACITY.
It is the sense of Congress that the Secretary of State
should expand current programs and develop new programs, as
necessary, to train local water and sanitation managers and
other officials of countries that receive assistance under
section 135 of the Foreign Assistance Act of 1961, as added by
section 5(a) of this Act.
SEC. 9. SENSE OF CONGRESS REGARDING ADDITIONAL WATER AND SANITATION
PROGRAMS.
It is the sense of the Congress that--
(1) the United States should further support, as
appropriate, water and sanitation activities of United
Nations agencies, such as the United Nations Children's
Fund (UNICEF), the United Nations Development Programme
(UNDP), and the United Nations Environment Programme
(UNEP); and
(2) the Secretary of the Treasury should instruct
each United States Executive Director at the
multilateral development banks (within the meaning of
section 1701(c) of the International Financial
Institutions Act) to encourage the inclusion of water
and sanitation programs as a critical element of their
development assistance.
SEC. 10. REPORT REGARDING WATER FOR PEACE AND SECURITY.
(a) Sense of Congress.--It is the sense of Congress that
United States programs to support and encourage efforts around
the world to develop river basin, aquifer, and other watershed-
wide mechanisms for governance and cooperation are critical
components of long-term United States national security and
should be expanded.
(b) Report.--The Secretary of State, in consultation with
the Administrator of the United States Agency for International
Development, shall submit to the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate a report on efforts that the
United States is making to support and promote programs that
develop river basin, aquifer, and other watershed-wide
mechanisms for governance and cooperation.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
for fiscal year 2006 and each subsequent fiscal year such sums
as may be necessary to carry out this Act and the amendments
made by this Act.
(b) Other Amounts.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) shall be in
addition to the amounts otherwise available to carry out this
Act and the amendments made by this Act.
(c) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are
authorized to remain available until expended.
l. Assistance for Orphans and Other Vulnerable Children in Developing
Countries Act of 2005
Partial text of Public Law 109-95 [H.R. 1409], 119 Stat. 2111, approved
November 8, 2005
AN ACT To amend the Foreign Assistance Act of 1961 to provide
assistance for orphans and other vulnerable children in developing
countries, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Assistance for Orphans and
Other Vulnerable Children in Developing Countries Act of
2005''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2151 note.
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SEC. 2.\2\ FINDINGS.
Congress makes the following findings:
---------------------------------------------------------------------------
\2\ 22 U.S.C. 2152f note.
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(1) As of July 2004, there were more than 143,000,000
children living in sub-Saharan Africa, Asia, Latin
America, and the Caribbean who were identified as
orphans, having lost one or both of their parents. Of
this number, approximately 16,200,000 children were
identified as double orphans, having lost both
parents--the vast majority of whom died of AIDS. These
children often are disadvantaged in numerous and
devastating ways and most households with orphans
cannot meet the basic needs of health care, food,
clothing, and educational expenses.
(2) It is estimated that 121,000,000 children
worldwide do not attend school and that the majority of
such children are young girls. According to the United
Nations Children's Fund (UNICEF), orphans are less
likely to be in school and more likely to be working
full time.
(3) School food programs, including take-home
rations, in developing countries provide strong
incentives for children to remain in school and
continue their education. School food programs can
reduce short-term hunger, improve cognitive functions,
and enhance learning, behavior, and achievement.
(4) Financial barriers, such as school fees and other
costs of education, prevent many orphans and other
vulnerable children in developing countries from
attending school. Providing children with free primary
school education, while simultaneously ensuring that
adequate resources exist for teacher training and
infrastructure, would help more orphans and other
vulnerable children obtain a quality education.
(5) The trauma that results from the loss of a parent
can trigger behavior problems of aggression or
emotional withdrawal and negatively affect a child's
performance in school and the child's social relations.
Children living in families affected by HIV/AIDS or who
have been orphaned by AIDS often face stigmatization
and discrimination. Providing culturally appropriate
psychosocial support to such children can assist them
in successfully accepting and adjusting to their
circumstances.
(6) Orphans and other vulnerable children in
developing countries routinely are denied their
inheritance or encounter difficulties in claiming the
land and other property which they have inherited. Even
when the inheritance rights of women and children are
spelled out in law, such rights are difficult to claim
and are seldom enforced. In many countries it is
difficult or impossible for a widow, even if she has
young children, to claim property after the death of
her husband.
(7) The HIV/AIDS pandemic has had a devastating
affect on children and is deepening poverty in entire
communities and jeopardizing the health, safety, and
survival of all children in affected areas.
(8) The HIV/AIDS pandemic has increased the number of
orphans worldwide and has exacerbated the poor living
conditions of the world's poorest and most vulnerable
children. AIDS has created an unprecedented orphan
crisis, especially in sub-Saharan Africa, where
children have been hardest hit. An estimated 14,000,000
orphans have lost 1 or both parents to AIDS. By 2010,
it is estimated that over 25,000,000 children will have
been orphaned by AIDS.
(9) Approximately 2,500,000 children under the age of
15 worldwide have HIV/AIDS. Every day another 2,000
children under the age of 15 are infected with HIV.
Without treatment, most children born with HIV can
expect to die by age two, but with sustained drug
treatment through childhood, the chances of long-term
survival and a productive adulthood improve
dramatically.
(10) Few international development programs
specifically target the treatment of children with HIV/
AIDS in developing countries. Reasons for this include
the perceived low priority of pediatric treatment, a
lack of pediatric health care professionals, lack of
expertise and experience in pediatric drug dosing and
monitoring, the perceived complexity of pediatric
treatment, and mistaken beliefs regarding the risks and
benefits of pediatric treatment.
(11) Although a number of organizations seek to meet
the needs of orphans or other vulnerable children,
extended families and local communities continue to be
the primary providers of support for such children.
(12) The HIV/AIDS pandemic is placing huge burdens on
communities and is leaving many orphans with little
support. Alternatives to traditional orphanages, such
as community-based resource centers, continue to evolve
in response to the massive number of orphans that has
resulted from the pandemic.
(13) The AIDS orphans crisis in sub-Saharan Africa
has implications for political stability, human
welfare, and development that extend far beyond the
region, affecting governments and people worldwide, and
this crisis requires an accelerated response from the
international community.
(14) Although section 403(b) of the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (22 U.S.C. 7673(b)) establishes the
requirement that not less than 10 percent of amounts
appropriated for HIV/AIDS assistance for each of fiscal
years 2006 through 2008 shall be expended for
assistance for orphans and other vulnerable children
affected by HIV/AIDS, there is an urgent need to
provide assistance to such children prior to 2006.
(15) Numerous United States and indigenous private
voluntary organizations, including faith-based
organizations, provide assistance to orphans and other
vulnerable children in developing countries. Many of
these organizations have submitted applications for
grants to the Administrator of the United States Agency
for International Development to provide increased
levels of assistance for orphans and other vulnerable
children in developing countries.
(16) Increasing the amount of assistance that is
provided by the Administrator of the United States
Agency for International Development through United
States and indigenous private voluntary organizations,
including faith-based organizations, will provide
greater protection for orphans and other vulnerable
children in developing countries.
(17) It is essential that the United States
Government adopt a comprehensive approach for the
provision of assistance to orphans and other vulnerable
children in developing countries. A comprehensive
approach would ensure that important services, such as
basic care, psychosocial support, school food programs,
increased educational opportunities and employment
training and related services, the protection and
promotion of inheritance rights for such children, and
the treatment of orphans and other vulnerable children
with HIV/AIDS, are made more accessible.
(18) Assistance for orphans and other vulnerable
children can best be provided by a comprehensive
approach of the United States Government that--
(A) ensures that Federal agencies and the
private sector coordinate efforts to prevent
and eliminate duplication of efforts and waste
in the provision of such assistance; and
(B) to the maximum extent possible, focuses
on community-based programs that allow orphans
and other vulnerable children to remain
connected to the traditions and rituals of
their families and communities.
SEC. 3. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN IN
DEVELOPING COUNTRIES. * * * \3\
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\3\ Sec. 3 added a new sec. 135 to the Foreign Assistance Act of
1961 (at 22 U.S.C. 2152f).
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SEC. 4.\2\ STRATEGY OF THE UNITED STATES.
(a) Requirement for Strategy.--Not later than 180 days
after the date of enactment of this Act, the President shall
develop, and transmit to the appropriate congressional
committees, a strategy for coordinating, implementing, and
monitoring assistance programs for orphans and vulnerable
children.
(b) Consultation.--The strategy described in subsection (a)
should be developed in consultation with the Special Advisor
for Assistance to Orphans and Vulnerable Children (appointed
pursuant to section 135(e)(1) of the Foreign Assistance Act of
1961 (as added by section 3 of this Act)) and with employees of
the field missions of the United States Agency for
International Development to ensure that the strategy--
(1) will not impede the efficiency of implementing
assistance programs for orphans and vulnerable
children; and
(2) addresses the specific needs of indigenous
populations.
(c) Content.--The strategy required by subsection (a) shall
include--
(1) the identity of each agency or department of the
Federal Government that is providing assistance for
orphans and vulnerable children in foreign countries;
(2) a description of the efforts of the head of each
such agency or department to coordinate the provision
of such assistance with other agencies or departments
of the Federal Government or nongovernmental entities;
(3) a description of a coordinated strategy,
including coordination with other bilateral and
multilateral donors, to provide the assistance
authorized in section 135 of the Foreign Assistance Act
of 1961, as added by section 3 of this Act;
(4) an analysis of additional coordination mechanisms
or procedures that could be implemented to carry out
the purposes of such section;
(5) a description of a monitoring system that
establishes performance goals for the provision of such
assistance and expresses such goals in an objective and
quantifiable form, to the extent feasible; and
(6) a description of performance indicators to be
used in measuring or assessing the achievement of the
performance goals described in paragraph (5).
SEC. 5.\4\ ANNUAL REPORT.
(a) Report.--Not later than one year after the date on
which the President transmits to the appropriate congressional
committees the strategy required by section 4(a), and annually
thereafter, the President shall transmit to the appropriate
congressional committees a report on the implementation of this
Act and the amendments made by this Act.
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\4\ 22 U.S.C. 2152g.
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(b) Contents.--The report shall contain the following
information for grants, cooperative agreements, contracts,
contributions, and other forms of assistance awarded or entered
into under section 135 of the Foreign Assistance Act of 1961
(as added by section 3 of this Act):
(1) The amount of funding, the name of recipient
organizations, the location of programs and activities,
the status of progress of programs and activities, and
the estimated number of orphans and other vulnerable
children who received direct or indirect assistance
under the programs and activities.
(2) The results of the monitoring and evaluation
system with respect to assistance for orphans and other
vulnerable children.
(3) The percentage of assistance provided in support
of orphans or other vulnerable children affected by
HIV/AIDS.
(4) Any other appropriate information relating to the
needs of orphans and other vulnerable children in
developing countries that could be addressed through
the provision of assistance authorized in section 135
of the Foreign Assistance Act of 1961, as added by
section 3 of this Act, or under any other provision of
law.
SEC. 6.\5\ APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional
committees'' means the Committee on Appropriations and the
Committee on Foreign Relations of the Senate and the Committee
on Appropriations and the Committee on International Relations
of the House of Representatives.
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\5\ 22 U.S.C. 2152g note.
m. Millennium Challenge Act of 2003
Title VI of division D of Public Law 108-199 [H.R. 2673], 118 Stat. 3
at 211, approved January 23, 2004; as amended by Public Law 108-447
[Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005; H.R. 4818], 118 Stat. 2809, approved December
8, 2004; Public Law 109-13 [Emergency Supplemental Appropriations Act
for Defense, the Global War on Terror and Tsunami Relief, 2005; H.R.
1268], 119 Stat. 231, approved May 11, 2005; and Public Law 110-161
[Consolidated Appropriations Act, 2008; H.R. 2764], 121 Stat. 1844,
approved December 26, 2007
TITLE VI--MILLENNIUM CHALLENGE ACT OF 2003
SEC. 601.\1\ SHORT TITLE.
This title may be cited as the ``Millennium Challenge Act
of 2003''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 7701 note. The Millennium Challenge Corporation
issued an interim final rule to establish regulations about its
structure, function, operations, and quorum requirements, on August 7,
2007 (72 F.R. 49192). See 22 CFR Part 1300.
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SEC. 602.\2\ PURPOSES.
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\2\ 22 U.S.C. 7701.
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The purposes of this title are--
(1) to provide United States assistance for global
development through the Millennium Challenge
Corporation, as described in section 604; and
(2) to provide such assistance in a manner that
promotes economic growth and the elimination of extreme
poverty and strengthens good governance, economic
freedom, and investments in people.
SEC. 603.\3\ DEFINITIONS.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 7702.
---------------------------------------------------------------------------
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations
and the Committee on Appropriations of the
House of Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
(2) Board.--The term ``Board'' means the Board of
Directors of the Corporation established pursuant to
section 604(c).
(3) Candidate country.--The term ``candidate
country'' means a country that meets the requirements
of section 606.
(4) Chief executive officer.--The term ``Chief
Executive Officer'' means the chief executive officer
of the Corporation appointed pursuant to section
604(b).
(5) Compact.--The term ``Compact'' means a Millennium
Challenge Compact described in section 609.
(6) Corporation.--The term ``Corporation'' means the
Millennium Challenge Corporation established by section
604(a).
(7) Eligible country.--The term ``eligible country''
means a candidate country that is determined, under
section 607, to be an eligible country to receive
assistance under section 605.
(8) \4\ Investments in the people.--The term
``investments in the people'' means government policies
or programs of an eligible country that promote the
health, education, and other factors which contribute
to the well-being and productivity of their people,
such as decent, affordable housing for all.
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\4\ Sec. 534(q) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (division D of Public Law
108-447; 118 Stat. 2809) added para. (8).
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SEC. 604.\5\ ESTABLISHMENT AND MANAGEMENT OF THE MILLENNIUM CHALLENGE
CORPORATION.
(a) Establishment.--There is established in the executive
branch a corporation to be known as the ``Millennium Challenge
Corporation'' that shall be responsible for carrying out this
title. The Corporation shall be a government corporation, as
defined in section 103 of title 5, United States Code.
---------------------------------------------------------------------------
\5\ 22 U.S.C. 7703.
---------------------------------------------------------------------------
(b) Chief Executive Officer.--
(1) In general.--There shall be in the Corporation a
Chief Executive Officer who shall be responsible for
the management of the Corporation.
(2) Appointment.--
(A) In general.--Except as provided in
subparagraph (B), the Chief Executive Officer
shall be appointed by the President, by and
with the advice and consent of the Senate.
(B) Interim ceo.--The members of the Board of
Directors described in subsection (c)(3)(A) may
designate by unanimous consent in writing an
individual who is an officer within any Federal
department or agency (and who has been
appointed to such position by the President, by
and with the advice and consent of the Senate)
to carry out the duties described in this
subsection until the Chief Executive Officer is
appointed pursuant to subparagraph (A).
(3) Relationship to board.--The Chief Executive
Officer shall report to and be under the direct
authority of the Board.
(4) Compensation and rank.--
(A) In general.--The Chief Executive Officer
shall be compensated at the rate provided for
level II of the Executive Schedule \6\ under
section 5313 of title 5, United States Code,
and shall have the equivalent rank of Deputy
Secretary.
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\6\ The rate of compensation at level II of the Executive Schedule
in 2009 is $177,000 per annum (Executive Order 13483; 73 F.R. 78592;
December 18, 2008).
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(B) Amendment.--Section 5313 of title 5,
United States Code, is amended by adding at the
end the following:
``Chief Executive Officer, Millennium Challenge
Corporation.''.
(5) Authorities and duties.--The Chief Executive
Officer shall be responsible for the management of the
Corporation and shall exercise the powers and discharge
the duties of the Corporation.
(6) Authority to appoint officers.--In consultation
and with approval of the Board, the Chief Executive
Officer shall appoint all officers of the Corporation.
(c) Board of Directors.--
(1) Establishment.--There shall be in the Corporation
a Board of Directors.
(2) Duties.--The Board shall perform the functions
specified to be carried out by the Board in this title
and may prescribe, amend, and repeal bylaws, rules,
regulations, and procedures governing the manner in
which the business of the Corporation may be conducted
and in which the powers granted to it by law may be
exercised.
(3) Membership.--The Board shall consist of--
(A) the Secretary of State, the Secretary of
the Treasury, the Administrator of the United
States Agency for International Development,
the Chief Executive Officer of the Corporation,
and the United States Trade Representative; and
(B) four other individuals with relevant
international experience who shall be appointed
by the President, by and with the advice and
consent of the Senate, of which--
(i) one individual should be
appointed from among a list of
individuals submitted by the majority
leader of the House of Representatives;
(ii) one individual should be
appointed from among a list of
individuals submitted by the minority
leader of the House of Representatives;
(iii) one individual should be
appointed from among a list of
individuals submitted by the majority
leader of the Senate; and
(iv) one individual should be
appointed from among a list of
individuals submitted by the minority
leader of the Senate.
(4) Terms.--
(A) Officers of the federal government.--Each
member of the Board described in paragraph
(3)(A) shall serve for a term that is
concurrent with the term of service of the
individual's position as an officer within the
other Federal department or agency.
(B) Other members.--Each member of the Board
described in paragraph (3)(B) shall be
appointed for a term of 3 years and may be
reappointed for a term of an additional 2
years.
(C) Vacancies.--A vacancy in the Board shall
be filled in the manner in which the original
appointment was made.
(5) Chairperson.--There shall be a Chairperson of the
Board. The Secretary of State shall serve as the
Chairperson.
(6) Quorum.--A majority of the members of the Board
shall constitute a quorum, which, except with respect
to a meeting of the Board during the 135-day period
beginning on the date of the enactment of this Act,
shall include at least one member of the Board
described in paragraph (3)(B).
(7) Meetings.--The Board shall meet at the call of
the Chairperson.
(8) Compensation.--
(A) Officers of the federal government.--
(i) In general.--A member of the
Board described in paragraph (3)(A) may
not receive additional pay, allowances,
or benefits by reason of the member's
service on the Board.
(ii) Travel expenses.--Each such
member of the Board shall receive
travel expenses, including per diem in
lieu of subsistence, in accordance with
applicable provisions under subchapter
I of chapter 57 of title 5, United
States Code.
(B) Other members.--
(i) In general.--Except as provided
in clause (ii), a member of the Board
described in paragraph (3)(B)--
(I) shall be paid
compensation out of funds made
available for the purposes of
this title at the daily
equivalent of the highest rate
payable under section 5332 of
title 5, United States Code,
for each day (including travel
time) during which the member
is engaged in the actual
performance of duties as a
member of the Board; and
(II) while away from the
member's home or regular place
of business on necessary travel
in the actual performance of
duties as a member of the
Board, shall be paid per diem,
travel, and transportation
expenses in the same manner as
is provided under subchapter I
of chapter 57 of title 5,
United States Code.
(ii) Limitation.--A member of the
Board may not be paid compensation
under clause (i)(II) for more than 90
days in any calendar year.
SEC. 605.\7\ AUTHORIZATION OF ASSISTANCE.
(a) Assistance.--Notwithstanding any other provision of law
(other than a provision of this title), the Board, acting
through the Chief Executive Officer, is authorized to provide
assistance under this section for each country that enters into
a Millennium Challenge Compact with the United States pursuant
to section 609 to support policies and programs that advance
the progress of the country in achieving lasting economic
growth and poverty reduction and are in furtherance of the
purposes of this title.
---------------------------------------------------------------------------
\7\ 22 U.S.C. 7704.
---------------------------------------------------------------------------
(b) Form of Assistance.--Assistance under this section may
be provided in the form of grants, cooperative agreements, or
contracts to or with eligible entities described in subsection
(c). Assistance under this section may not be provided in the
form of loans.
(c) Eligible Entities.--An eligible entity referred to in
subsection (b) is--
(1) the national government of the eligible country;
(2) regional or local governmental units of the
country; or
(3) a nongovernmental organization or a private
entity.
(d) Application.--The Chief Executive Officer, in
consultation with the Board and working with eligible countries
selected by the Board for negotiation of Compacts, should
develop and recommend procedures for considering solicited and
unsolicited proposals in Compacts prior to an approval of the
Compacts by the Board.
(e) Limitations.--
(1) Prohibition on military assistance and
training.--Assistance under this section may not
include military assistance or military training for a
country.
(2) Prohibition on assistance relating to united
states job loss or production displacement.--Assistance
under this section may not be provided for any project
that is likely to cause a substantial loss of United
States jobs or a substantial displacement of United
States production.
(3) Prohibition on assistance relating to
environmental, health, or safety hazards.--Assistance
under this section may not be provided for any project
that is likely to cause a significant environmental,
health, or safety hazard.
(4) Prohibition on use of funds for abortions and
involuntary sterilizations.--The prohibitions on use of
funds contained in paragraphs (1) through (3) of
section 104(f) of the Foreign Assistance Act of 1961
(22 U.S.C. 2151b(f)(1)-(3)) shall apply to funds made
available to carry out this section to the same extent
and in the same manner as such prohibitions apply to
funds made available to carry out part I of such Act.
The prohibition on use of funds contained in any
provision of law comparable to the eleventh and
fourteenth provisos under the heading ``Child Survival
and Health Programs Fund'' of division E of Public Law
108-7 (117 Stat. 162) shall apply to funds made
available to carry out this section for fiscal year
2004.
(f) Coordination.--The provision of assistance under this
section shall be coordinated with other United States foreign
assistance programs.
SEC. 606.\8\ CANDIDATE COUNTRIES.
(a) Low Income Countries.--
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\8\ 22 U.S.C. 7705.
The Millennium Challenge Corporation identified candidate countries
in Department of State Public Notice 4617 (69 F.R. 5887; February 3,
2004); Millennium Challenge Corporation Notice FR 04-06 (69 F.R. 26897;
May 11, 2004); Millennium Challenge Corporation Notice FR 04-08 (69
F.R. 44549; July 21, 2004); Millennium Challenge Corporation Report FR
05-15 (70 F.R. 45442; August 1, 2005); and Millennium Challenge
Corporation Report FR 05-19 (70 F.R. 69992; November 14, 2005).
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(1) Fiscal year 2004.--A country shall be a candidate
country for purposes of eligibility for assistance for
fiscal year 2004 if--
(A) the country is eligible for assistance
from the International Development Association,
and the per capita income of the country is
equal to or less than the historical ceiling of
the International Development Association for
that year, as defined by the International Bank
for Reconstruction and Development; and
(B) subject to paragraph (3), the country is
not ineligible to receive United States
economic assistance under part I of the Foreign
Assistance Act of 1961 by reason of the
application of any provision of the Foreign
Assistance Act of 1961 or any other provision
of law.
(2) Fiscal year 2005 and subsequent fiscal years.--A
country shall be a candidate country for purposes of
eligibility for assistance for fiscal year 2005 or a
subsequent fiscal year if--
(A) the per capita income of the country is
equal to or less than the historical ceiling of
the International Development Association for
the fiscal year involved, as defined by the
International Bank for Reconstruction and
Development; and
(B) the country meets the requirements of
paragraph (1)(B).
(3) Rule of construction.--For the purposes of
determining whether a country is eligible for receiving
assistance under section 605 pursuant to paragraph
(1)(B), the exercise by the President, the Secretary of
State, or any other officer or employee of the United
States of any waiver or suspension of any provision of
law referred to in such paragraph, and notification to
the appropriate congressional committees in accordance
with such provision of law, shall be construed as
satisfying the requirement of such paragraph.
(b) Lower Middle Income Countries.--
(1) In general.--In addition to countries described
in subsection (a), a country shall be a candidate
country for purposes of eligibility for assistance for
fiscal year 2006 or a subsequent fiscal year if the
country--
(A) is classified as a lower middle income
country in the then most recent edition of the
World Development Report for Reconstruction and
Development published by the International Bank
for Reconstruction and Development and has an
income greater than the historical ceiling for
International Development Association
eligibility for the fiscal year involved; and
(B) meets the requirements of subsection
(a)(1)(B).
(2) Limitation.--The total amount of assistance
provided to countries described in paragraph (1) for
fiscal year 2006 or any subsequent fiscal year may not
exceed 25 percent of the total amount of assistance
provided to all countries under section 605 for fiscal
year 2006 or the subsequent fiscal year, as the case
may be.
(c) Identification by the Board.--The Board shall identify
whether a country is a candidate country for purposes of this
section.
SEC. 607.\9\ ELIGIBLE COUNTRIES.
(a) Determination by the Board.--The Board shall determine
whether a candidate country is an eligible country for purposes
of this section. Such determination shall be based, to the
maximum extent possible, upon objective and quantifiable
indicators of a country's demonstrated commitment to the
criteria in subsection (b), and shall, where appropriate, take
into account and assess the role of women and girls.
---------------------------------------------------------------------------
\9\ 22 U.S.C. 7706.
---------------------------------------------------------------------------
(b) Criteria.--A candidate country should be considered to
be an eligible country for purposes of this section if the
Board determines that the country has demonstrated a commitment
to--
(1) just and democratic governance, including a
demonstrated commitment to--
(A) promote political pluralism, equality,
and the rule of law;
(B) respect human and civil rights, including
the rights of people with disabilities;
(C) protect private property rights;
(D) encourage transparency and accountability
of government; and
(E) combat corruption;
(2) economic freedom, including a demonstrated
commitment to economic policies that--
(A) encourage citizens and firms to
participate in global trade and international
capital markets;
(B) promote private sector growth; \10\
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\10\ Sec. 699I(a)(1) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008 (division J
of Public Law 110-161; 121 Stat. 2372), struck out ``and the
sustainable management of natural resources'' after ``private sector
growth''.
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(C) strengthen market forces in the economy;
and
(D) respect worker rights, including the
right to form labor unions; and
(3) investments in the people of such country,
particularly women and children, including programs
that--
(A) promote broad-based primary education;
\11\
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\11\ Sec. 699I(a)(2) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008 (division J
of Public Law 110-161; 121 Stat. 2372), struck out ``and'' at the end
of subpara. (A), struck out a period at the end of subpara. (B) and
inserted in lieu thereof ``; and'', and added a new subpara. (C).
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(B) strengthen and build capacity to provide
quality public health and reduce child
mortality; and \11\
(C) \11\ promote the protection of
biodiversity and the transparent and
sustainable management and use of natural
resources.
(c) Selection by the Board.--
(1) In general.--At the time the Board determines
eligible countries under this section for a fiscal
year, the Board shall select those eligible countries
with respect to which the United States will initially
seek to enter into a Millennium Challenge Compact
pursuant to section 609.
(2) Factors.--In selecting eligible countries under
paragraph (1), the Board shall consider the following
factors:
(A) The extent to which the country clearly
meets or exceeds the eligibility criteria.
(B) The opportunity to reduce poverty and
generate economic growth in the country.
(C) The availability of amounts to carry out
this title.
(d) Establishment of Criteria and Methodology.--The
criteria and methodology submitted by the Board to Congress and
published in the Federal Register under section 608(b)(2) with
respect to a fiscal year shall remain fixed for purposes of
eligibility determinations for such year.
(e) Annual Modification of Criteria and Methodology.--As
appropriate, the Board, acting through the Chief Executive
Officer, shall review the eligibility criteria and methodology
and modify such criteria and methodology in subsequent years
consistent with section 608(b).
SEC. 608.\12\ CONGRESSIONAL AND PUBLIC NOTIFICATION OF CANDIDATE
COUNTRIES, ELIGIBILITY CRITERIA, AND ELIGIBLE
COUNTRIES.
(a) Identification of Candidate Countries.--Not later than
90 days prior to the date on which the Board determines
eligible countries under section 607 for a fiscal year, the
Chief Executive Officer--
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\12\ 22 U.S.C. 7707. The Millennium Challenge Corporation reported
on ``countries that are candidates for MCA eligibility in FY 2009 and
countries that would be candidates but for legal prohibitions'' in
Millennium Challenge Corporation MCC FR 08-11 (73 F.R. 52888; September
5, 2008), and on its ``criteria and methodology for determining the
eligibility of candidate countries for MCA assistance in FY 2009'' in
Millennium Challenge Corporation MCC FR 08-15 (73 F.R. 60359; October
7, 2008).
Previous years' reports have been published as Department of State
Public Notice 4646 (69 F.R. 10497; March 2, 2004); Millennium Challenge
Corporation Notice FR 04-09 (69 F.R. 53090; August 26, 2004);
Millennium Challenge Corporation Notice FR 05-16 (70 F.R. 53392;
September 2, 2005); Millennium Challenge Corporation Notice FR 06-12
(71 F.R. 47538; October 20, 2006); Millennium Challenge Corporation
Notice FR 06-15 (71 F.R. 54523; September 11, 2006); Millennium
Challenge Corporation Notice FR 06-19 (71 F.R. 66983; November 14,
2006); Millennium Challenge Corporation Notice FR 07-09 (72 F.R. 48690;
August 20, 2007); Millennium Challenge Corporation Notice FR 07-11 (72
F.R. 54680; September 21, 2007); and Millennium Challenge Corporation
Notice FR 07-16 (72 F.R. 73885; December 21, 2007).
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(1) shall prepare and submit to the appropriate
congressional committees a report that contains a list
of all candidate countries identified under section
606, and all countries that would be candidate
countries if the countries met the requirement
contained in section 606(a)(1)(B), for the fiscal year;
and
(2) shall publish in the Federal Register the
information contained in the report described in
paragraph (1).
(b) Identification of Eligibility Criteria and
Methodology.--Not later than 60 days prior to the date on which
the Board determines eligible countries under section 607 for a
fiscal year, the Chief Executive Officer--
(1) shall prepare and submit to the appropriate
congressional committees a report that contains a list
of the criteria and methodology described in
subsections (a) and (b) of section 607 that will be
used to determine eligibility for each candidate
country identified under subsection (a);
(2) shall publish in the Federal Register the
information contained in the report described in
paragraph (1); and
(3) may conduct one or more public hearings on the
eligibility criteria and methodology.
(c) Public Comment and Congressional Consultation.--
(1) Public comment.--The Chief Executive Officer
shall, for the 30-day period beginning on the date of
publication in the Federal Register of the information
contained in the report described in subsection (b)(1),
accept public comment and consider such comment for
purposes of determining eligible countries under
section 607.
(2) Congressional consultation.--The Chief Executive
Officer shall consult with the appropriate
congressional committees on the extent to which the
candidate countries meet the criteria described in
section 607(b).
(d) Identification of Eligible Countries.--Not later than 5
days after the date on which the Board determines eligible
countries under section 607 for a fiscal year, the Chief
Executive Officer--
(1) shall prepare and submit to the appropriate
congressional committees a report that contains a list
of all such eligible countries, an identification of
those countries on such list with respect to which the
Board will seek to enter into a Compact under section
609, and a justification for such eligibility
determination and selection for Compact negotiation;
and
(2) shall publish in the Federal Register the
information contained in the report described in
paragraph (1).
SEC. 609.\13\ MILLENNIUM CHALLENGE COMPACT.
(a) Compact.--The Board, acting through the Chief Executive
Officer of the Corporation, may provide assistance for an
eligible country only if the country enters into an agreement
with the United States, to be known as a ``Millennium Challenge
Compact'', that establishes a multi-year plan for achieving
shared development objectives in furtherance of the purposes of
this title.
---------------------------------------------------------------------------
\13\ 22 U.S.C. 7708.
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(b) Elements.--
(1) In general.--The Compact should take into account
the national development strategy of the eligible
country and shall contain--
(A) the specific objectives that the country
and the United States expect to achieve during
the term of the Compact;
(B) the responsibilities of the country and
the United States in the achievement of such
objectives;
(C) regular benchmarks to measure, where
appropriate, progress toward achieving such
objectives;
(D) an identification of the intended
beneficiaries, disaggregated by income level,
gender, and age, to the maximum extent
practicable;
(E) a multi-year financial plan, including
the estimated amount of contributions by the
Corporation and the country and proposed
mechanisms to implement the plan and provide
oversight, that describes how the requirements
of subparagraphs (A) through (D) will be met,
including identifying the role of civil society
in the achievement of such requirements;
(F) where appropriate, a description of the
current and potential participation of other
donors in the achievement of such objectives;
(G) a plan to ensure appropriate fiscal
accountability for the use of assistance
provided under section 605;
(H) where appropriate, a process or processes
for consideration of solicited proposals under
the Compact as well as a process for
consideration of unsolicited proposals by the
Corporation and national, regional, or local
units of government;
(I) a requirement that open, fair, and
competitive procedures are used in a
transparent manner in the administration of
grants or cooperative agreements or the
procurement of goods and services for the
accomplishment of objectives under the Compact;
(J) the strategy of the eligible country to
sustain progress made toward achieving such
objectives after expiration of the Compact; and
(K) a description of the role of the United
States Agency for International Development in
any design, implementation, and monitoring of
programs and activities funded under the
Compact.
(2) Lower middle income countries.--In addition to
the elements described in subparagraphs (A) through (K)
of paragraph (1), with respect to a lower middle income
country described in section 606(b), the Compact shall
identify a contribution, as appropriate, from the
country relative to its national budget, taking into
account the prevailing economic conditions, toward
meeting the objectives of the Compact. Any such
contribution should be in addition to government
spending allocated for such purposes in the country's
budget for the year immediately preceding the
establishment of the Compact and should continue for
the duration of the Compact.
(3) Definition.--In this subsection, the term
``national development strategy'' means any strategy to
achieve market-driven economic growth and eliminate
extreme poverty that has been developed by the
government of the country in consultation with a wide
variety of civic participation, including
nongovernmental organizations, private and voluntary
organizations, academia, women's and student
organizations, local trade and labor unions, and the
business community.
(c) Additional Provision Relating to Prohibition on
Taxation.--In addition to the elements described in subsection
(c), each Compact shall contain a provision that states that
assistance provided by the United States under the Compact
shall be exempt from taxation by the government of the eligible
country.
(d) Local Input.--In entering into a Compact, the United
States shall seek to ensure that the government of an eligible
country--
(1) takes into account the local-level perspectives
of the rural and urban poor, including women, in the
eligible country; and
(2) consults with private and voluntary
organizations, the business community, and other donors
in the eligible country.
(e) Consultation.--During any discussions with a country
for the purpose of entering into a Compact with the country,
officials of the Corporation participating in such discussions
shall, at a minimum, consult with appropriate officials of the
United States Agency for International Development,
particularly with those officials responsible for the
appropriate region or country on development issues related to
the Compact.
(f) Coordination With Other Donors.--To the maximum extent
feasible, activities undertaken to achieve the objectives of
the Compact shall be undertaken in coordination with the
assistance activities of other donors.
(g) Assistance for Development of Compact.--Notwithstanding
subsection (a), the Chief Executive Officer may enter into
contracts or make grants for any eligible country for the
purpose of facilitating the development and implementation of
the Compact between the United States and the country.
(h) Requirement for Approval by the Board.--Each Compact
shall be approved by the Board before the United States enters
into the Compact.
(i) Increase or Extension of Assistance Under a Compact.--
Not later than 15 days after making a determination to increase
or extend assistance under a Compact with an eligible country,
the Board, acting through the Chief Executive Officer--
(1) shall prepare and transmit to the appropriate
congressional committees a written report and
justification that contains a detailed summary of the
proposed increase in or extension of assistance under
the Compact and a copy of the full text of the
amendment to the Compact; and
(2) shall publish a detailed summary, full text, and
justification of the proposed increase in or extension
of assistance under the Compact in the Federal Register
and on the Internet website of the Corporation.
(j) Duration of Compact.--The duration of a Compact shall
not exceed 5 years.
(k) Subsequent Compacts.--An eligible country and the
United States may enter into and have in effect only one
Compact at any given time under this section. An eligible
country and the United States may enter into one or more
subsequent Compacts in accordance with the requirements of this
title after the expiration of the existing Compact.
SEC. 610.\14\ CONGRESSIONAL AND PUBLIC NOTIFICATION OF COMPACT.
(a) Congressional Consultation Prior to Compact
Negotiations.--Not later than 15 days prior to the start of
negotiations of a Compact with an eligible country, the Board,
acting through the Chief Executive Officer--
---------------------------------------------------------------------------
\14\ 22 U.S.C. 7709.
In 2008, the Millennium Challenge Corporation issued notices of
entering into a compact for: Tanzania (MCC FR 08-02; February 21, 2008;
73 F.R. 10472); Burkino Faso (MCC FR 08-07; July 17, 2008; 73 F.R.
42601); and Namibia (MCC FR 08-09; August 4, 2008; 73 F.R. 46720).
In 2007, the Millennium Challenge Corporation issued notices of
entering into a compact for: Mozambique (MCC FR 07-06; July 17, 2007;
72 F.R. 40926); Lesotho (MCC FR 07-07; July 26, 2007; 72 F.R. 43380);
Morocco (MCC FR 07-10; September 12, 2007; 72 F.R. 52914); and Mongolia
(MCC FR 07-12; October 24, 2007).
In 2006, the Millennium Challenge Corporation issued notices of
entering into a compact for: Benin (MCC FR 06-05; March 6, 2006; 71
F.R. 12934; and MCC FR 06-13; August 21, 2006; 71 F.R. 48559); Vanuatu
(MCC FR 06-06; March 13, 2006; 71 F.R. 14296); Armenia (MCC FR 06-07;
April 6, 2006; 71 F.R. 19392); Ghana (MCC FR 06-11; August 9, 2006; 71
F.R. 48648); and Mali (MCC FR 06-20; November 16, 2006; 71 F.R. 69226).
In 2005, the Millennium Challenge Corporation issued notices of
entering into a compact for: Madagascar (MCC FR 05-05; April 25, 2005;
70 F.R. 22065); Honduras (MCC FR 05-08; June 17, 2005; 70 F.R. 36699);
Cape Verde (MCC FR 05-12; July 14, 2005; 70 F.R. 42624); Nicaragua (MCC
FR 05-14; July 28, 2005; 70 F.R. 44422); and Georgia (MCC FR 05-17;
September 29, 2005; 70 F.R. 58900).
---------------------------------------------------------------------------
(1) shall consult with the appropriate congressional
committees with respect to the proposed Compact
negotiation; and
(2) shall identify the objectives and mechanisms to
be used for the negotiation of the Compact.
(b) Congressional and Public Notification After Entering
Into a Compact.--Not later than 10 days after entering into a
Compact with an eligible country, the Board, acting through the
Chief Executive Officer--
(1) shall provide notification of the Compact to the
appropriate congressional committees, including a
detailed summary of the Compact and a copy of the text
of the Compact; and
(2) shall publish such detailed summary and the text
of the Compact in the Federal Register and on the
Internet website of the Corporation.
SEC. 611.\15\ SUSPENSION AND TERMINATION OF ASSISTANCE.
(a) Suspension and Termination of Assistance.--After
consultation with the Board, the Chief Executive Officer may
suspend or terminate assistance in whole or in part for a
country or entity under section 605 if the Chief Executive
Officer determines that--
---------------------------------------------------------------------------
\15\ 22 U.S.C. 7710.
---------------------------------------------------------------------------
(1) the country or entity is engaged in activities
which are contrary to the national security interests
of the United States;
(2) the country or entity has engaged in a pattern of
actions inconsistent with the criteria used to
determine the eligibility of the country or entity, as
the case may be; or
(3) the country or entity has failed to adhere to its
responsibilities under the Compact.
(b) Reinstatement.--The Chief Executive Officer may
reinstate assistance for a country or entity under section 605
only if the Chief Executive Officer determines that the country
or entity has demonstrated a commitment to correcting each
condition for which assistance was suspended or terminated
under subsection (a).
(c) Congressional Notification.--Not later than 3 days
after the date on which the Chief Executive Officer suspends or
terminates assistance under subsection (a) for a country or
entity, or reinstates assistance under subsection (b) for a
country or entity, the Chief Executive Officer shall submit to
the appropriate congressional committees a report that contains
the determination of the Chief Executive Officer under
subsection (a) or subsection (b), as the case may be.
(d) Rule of Construction.--The authority to suspend or
terminate assistance under this section includes the authority
to suspend or terminate obligations and sub-obligations.
SEC. 612.\16\ DISCLOSURE.
(a) Requirement for Disclosure.--The Corporation shall make
available to the public on at least a quarterly basis, the
following information:
---------------------------------------------------------------------------
\16\ 22 U.S.C. 7711.
---------------------------------------------------------------------------
(1) For assistance provided under section 605--
(A) the name of each entity to which
assistance is provided;
(B) the amount of assistance provided to the
entity; and
(C) a description of the program or project,
including--
(i) a description of whether the
program or project was solicited or
unsolicited; and
(ii) a detailed description of the
objectives and measures for results of
the program or project.
(2) For funds allocated or transferred under section
619(b)--
(A) the name of each United States Government
agency to which such funds are transferred or
allocated;
(B) the amount of funds transferred or
allocated to such agency; and
(C) a description of the program or project
to be carried out by such agency with such
funds.
(b) Dissemination.--The information required to be
disclosed under subsection (a) shall be made available to the
public by means of publication in the Federal Register and on
the Internet website of the Corporation, as well as by any
other methods that the Board determines appropriate.
SEC. 613.\17\ ANNUAL REPORT.
(a) Report.--Not later than March 31, 2005, and each March
31 thereafter, the President shall submit to Congress a report
on the assistance provided under section 605 during the prior
fiscal year.
---------------------------------------------------------------------------
\17\ 22 U.S.C. 7712. In a memorandum of March, 31, 2005, the
President delegated functions under this section to the Secretary of
State (70 F.R. 17195).
Sec. 7057 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 895), provides the following:
---------------------------------------------------------------------------
``millennium challenge corporation
---------------------------------------------------------------------------
``Sec. 7057. (a) The Chief Executive Officer of the Millennium
Challenge Corporation shall, not later than 45 days after enactment of
this Act, submit to the Committee on Appropriations a report on the
proposed uses, on a country-by-country basis, of all funds appropriated
under the heading `Millennium Challenge Corporation' in this Act or
prior Acts making appropriations for the Department of State, foreign
operations, and related programs projected to be obligated and expended
in fiscal year 2009 and subsequent fiscal years.
``(b) The report required in paragraph (a) shall be updated on a
semi-annual basis and shall include, at a minimum, a description of--
---------------------------------------------------------------------------
``(1) compacts in development, including the status of negotiations and
the approximate range of value of the proposed compact;
``(2) compacts in implementation, including the projected expenditure and
disbursement of compact funds during fiscal year 2009 and subsequent fiscal
years as determined by the country compact;
``(3) threshold country programs in development, including the
approximate range of value of the threshold country agreement;
``(4) major programmatic changes to existing compacts funded by this Act
or prior Acts making appropriations for the Department of State, foreign
operations, and related programs;
``(5) threshold country programs in implementation; and
``(6) use of administrative funds.
---------------------------------------------------------------------------
``(c) The Chief Executive Officer of the Millennium Challenge
Corporation shall notify the Committees on Appropriations not later
than 15 days prior to signing any new country compact or new threshold
country program; terminating or suspending any country compact or
threshold country program; or commencing negotiations for any new
compact or threshold country program.''.
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(b) Contents.--The report shall include the following:
(1) The amount of obligations and expenditures for
assistance provided to each eligible country during the
prior fiscal year.
(2) For each eligible country, an assessment of--
(A) the progress made during each year by the
country toward achieving the objectives set out
in the Compact entered into by the country; and
(B) the extent to which assistance provided
under section 605 has been effective in helping
the country to achieve such objectives.
(3) A description of the coordination of assistance
provided under section 605 with other United States
foreign assistance and related trade policies.
(4) A description of the coordination of assistance
provided under section 605 with assistance provided by
other donor countries.
(5) Any other information the President considers
relevant with respect to assistance provided under
section 605.
SEC. 614.\18\ POWERS OF THE CORPORATION; RELATED PROVISIONS.
(a) Powers.--The Corporation--
---------------------------------------------------------------------------
\18\ 22 U.S.C. 7713.
---------------------------------------------------------------------------
(1) shall have perpetual succession unless dissolved
by a law enacted after the date of the enactment of
this Act;
(2) may adopt, alter, and use a seal, which shall be
judicially noticed;
(3) may make and perform such contracts, grants, and
other agreements with any person or government however
designated and wherever situated, as may be necessary
for carrying out the functions of the Corporation;
(4) may determine and prescribe the manner in which
its obligations shall be incurred and its expenses
allowed and paid, including expenses for
representation;
(5) may lease, purchase, or otherwise acquire,
improve, and use such real property wherever situated,
as may be necessary for carrying out the functions of
the Corporation;
(6) may accept cash gifts or donations of services or
of property (real, personal, or mixed), tangible or
intangible, for the purpose of carrying out the
provisions of this title;
(7) may use the United States mails in the same
manner and on the same conditions as the executive
departments;
(8) may contract with individuals for personal
services, who shall not be considered Federal employees
for any provision of law administered by the Office of
Personnel Management;
(9) may hire or obtain passenger motor vehicles; and
(10) shall have such other powers as may be necessary
and incident to carrying out this title.
(b) Principal Office.--The Corporation shall maintain its
principal office in the metropolitan area of Washington,
District of Columbia.
(c) Positions With Foreign Governments.--When approved by
the Chief Executive Officer, for purposes of implementing a
Compact, employees of the Corporation (including individuals
detailed to the Corporation) may accept and hold offices or
positions to which no compensation is attached with governments
or governmental agencies of foreign countries or with
international organizations.
(d) Other Authorities.--Except to the extent inconsistent
with the provisions of this title, the administrative
authorities contained in the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a et seq.) and the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall apply to
the implementation of this title to the same extent and in the
same manner as such authorities apply to the implementation of
those Acts.
(e) Applicability of Government Corporation Control Act.--
(1) In general.--The Corporation shall be subject to
chapter 91 of subtitle VI of title 31, United States
Code, except that the Corporation shall not be
authorized to issue obligations or offer obligations to
the public.
(2) Conforming amendment.--Section 9101(3) of title
31, United States Code, is amended by adding at the end
the following:
``(Q) the Millennium Challenge
Corporation.''.
(f) Inspector General.--
(1) In general.--The Inspector General of the United
States Agency for International Development shall serve
as Inspector General of the Corporation, and, in acting
in such capacity, may conduct reviews, investigations,
and inspections of all aspects of the operations and
activities of the Corporation.
(2) Authority of the board.--In carrying out the
responsibilities under this subsection, the Inspector
General shall report to and be under the general
supervision of the Board.
(3) Reimbursement and authorization of services.--
(A) Reimbursement.--The Corporation shall
reimburse the United States Agency for
International Development for all expenses
incurred by the Inspector General in connection
with the Inspector General's responsibilities
under this subsection.
(B) Authorization for services.--Of the
amount authorized to be appropriated under
section 619(a) for a fiscal year, up to
$5,000,000 is authorized to be made available
to the Inspector General of the United States
Agency for International Development to conduct
reviews, investigations, and inspections of
operations and activities of the Corporation.
(g) Special Assistance.--
(1) In general.--The Chief Executive Officer is
authorized to contract with any nongovernmental
organization (including a university, independent
foundation, or other organization) in the United States
or in a candidate country, and, where appropriate,
directly with a governmental agency of any such
country, that is undertaking research aimed at
improving data related to eligibility criteria under
this title with respect to the country.
(2) Funding.--Of the amount authorized to be
appropriated under section 619(a) for a fiscal year, up
to $5,000,000 is authorized to be made available to
carry out paragraph (1).
SEC. 615.\19\ COORDINATION WITH UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT.
(a) Requirement for Coordination.--The Chief Executive
Officer shall consult with the Administrator of the United
States Agency for International Development in order to
coordinate the activities of the Corporation with the
activities of the Agency.
---------------------------------------------------------------------------
\19\ 22 U.S.C. 7714.
---------------------------------------------------------------------------
(b) USAID Programs.--The Administrator of the United States
Agency for International Development shall seek to ensure that
appropriate programs of the Agency play a primary role in
preparing candidate countries to become eligible countries.
SEC. 616.\20\ ASSISTANCE TO CERTAIN CANDIDATE COUNTRIES.
(a) Authorization.--The Board, acting through the Chief
Executive Officer, is authorized to provide assistance to a
candidate country described in subsection (b) for the purpose
of assisting such country to become an eligible country.
---------------------------------------------------------------------------
\20\ 22 U.S.C. 7715.
---------------------------------------------------------------------------
(b) Candidate Country Described.--A candidate country
referred to in subsection (a) is a candidate country that--
(1) satisfies the requirements contained in
subsection (a) or (b) of section 606; \21\ and
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\21\ Sec. 2109 of Public Law 109-13 (119 Stat. 268) struck out
``subparagraphs (A) and (B) of section 606(a)(1)'' and inserted in lieu
thereof ``subsection (a) or (b) of section 606''.
---------------------------------------------------------------------------
(2) demonstrates a significant commitment to meet the
requirements of section 607(b) but fails to meet such
requirements (including by reason of the absence or
unreliability of data).
(c) Administration.--Assistance under this section may be
provided through the United States Agency for International
Development.
(d) Funding.--Not more than 10 percent of the amount
appropriated pursuant to the authorization of appropriations
under section 619(a) for fiscal year 2004 is authorized to be
made available to carry out this section.
SEC. 617.\22\ GENERAL PERSONNEL AUTHORITIES.
(a) Detail of Personnel.--Upon request of the Chief
Executive Officer, the head of an agency may detail any
employee of such agency to the Corporation on a reimbursable
basis. Any employee so detailed remains, for the purpose of
preserving such employee's allowances, privileges, rights,
seniority, and other benefits, an employee of the agency from
which detailed.
---------------------------------------------------------------------------
\22\ 22 U.S.C. 7716.
---------------------------------------------------------------------------
(b) Reemployment Rights.--
(1) In general.--An employee of an agency who is
serving under a career or career conditional
appointment (or the equivalent), and who, with the
consent of the head of such agency, transfers to the
Corporation, is entitled to be reemployed in such
employee's former position or a position of like
seniority, status, and pay in such agency, if such
employee--
(A) is separated from the Corporation for any
reason, other than misconduct, neglect of duty,
or malfeasance; and
(B) applies for reemployment not later than
90 days after the date of separation from the
Corporation.
(2) Specific rights.--An employee who satisfies
paragraph (1) is entitled to be reemployed (in
accordance with such paragraph) within 30 days after
applying for reemployment and, on reemployment, is
entitled to at least the rate of basic pay to which
such employee would have been entitled had such
employee never transferred.
(c) Hiring Authority.--Of persons employed by the
Corporation, not to exceed 30 persons may be appointed,
compensated, or removed without regard to the civil service
laws and regulations.
(d) Basic Pay.--The Chief Executive Officer may fix the
rate of basic pay of employees of the Corporation without
regard to the provisions of chapter 51 of title 5, United
States Code (relating to the classification of positions),
subchapter III of chapter 53 of such title (relating to General
Schedule pay rates), except that no employee of the Corporation
may receive a rate of basic pay that exceeds the rate for level
II of the Executive Schedule under section 5313 of such
title.\23\
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\23\ The rate of compensation at level II of the Executive Schedule
in 2009 is $177,000 per annum (Executive Order 13483; 73 F.R. 78592;
December 18, 2008).
---------------------------------------------------------------------------
(e) Definitions.--In this section--
(1) the term ``agency'' means an executive agency, as
defined by section 105 of title 5, United States Code;
and
(2) the term ``detail'' means the assignment or loan
of an employee, without a change of position, from the
agency by which such employee is employed to the
Corporation.
SEC. 618.\24\ PERSONNEL OUTSIDE THE UNITED STATES.
(a) Assignment to United States Embassies.--An employee of
the Corporation, including an individual detailed to or
contracted by the Corporation, may be assigned to a United
States diplomatic mission or consular post or a United States
Agency for International Development field mission.
---------------------------------------------------------------------------
\24\ 22 U.S.C. 7717.
---------------------------------------------------------------------------
(b) Privileges and Immunities.--The Secretary of State
shall seek to ensure that an employee of the Corporation,
including an individual detailed to or contracted by the
Corporation, and the members of the family of such employee,
while the employee is performing duties in any country or place
outside the United States, enjoy the privileges and immunities
that are enjoyed by a member of the Foreign Service, or the
family of a member of the Foreign Service, as appropriate, of
comparable rank and salary of such employee, if such employee
or a member of the family of such employee is not a national of
or permanently resident in such country or place.
(c) Responsibility of Chief of Mission.--An employee of the
Corporation, including an individual detailed to or contracted
by the Corporation, and a member of the family of such
employee, shall be subject to section 207 of the Foreign
Service Act of 1980 (22 U.S.C. 3927) in the same manner as
United States Government employees while the employee is
performing duties in any country or place outside the United
States if such employee or member of the family of such
employee is not a national of or permanently resident in such
country or place.
SEC. 619.\25\ AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this title such sums as may be
necessary for each of the fiscal years 2004 and 2005.
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\25\ 22 U.S.C. 7718.
Title III of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 852), provides the following:
---------------------------------------------------------------------------
``millennium challenge corporation
``(including transfer of funds)
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003, $875,000,000 to remain available
until expended: Provided, That of the funds appropriated under this
heading, up to $95,000,000 may be available for administrative expenses
of the Millennium Challenge Corporation (the Corporation): Provided
further, That up to 10 percent of the funds appropriated under this
heading may be made available to carry out the purposes of section 616
of the Millennium Challenge Act of 2003 for candidate countries for
fiscal year 2009: Provided further, That none of the funds available to
carry out section 616 of such Act may be made available until the Chief
Executive Officer of the Corporation provides a report to the
Committees on Appropriations listing the candidate countries that will
be receiving assistance under section 616 of such Act, the level of
assistance proposed for each such country, a description of the
proposed programs, projects and activities, and the implementing agency
or agencies of the United States Government: Provided further, That
section 605(e)(4) of the Millennium Challenge Act of 2003 shall apply
to funds appropriated under this heading: Provided further, That funds
appropriated under this heading may be made available for a Millennium
Challenge Compact entered into pursuant to section 609 of the
Millennium Challenge Act of 2003 only if such Compact obligates, or
contains a commitment to obligate subject to the availability of funds
and the mutual agreement of the parties to the Compact to proceed, the
entire amount of the United States Government funding anticipated for
the duration of the Compact: Provided further, That the Corporation
should reimburse the United States Agency for International Development
(USAID) for all expenses incurred by USAID with funds appropriated
under this heading in assisting the Corporation in carrying out the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.), including
administrative costs for compact development, negotiation, and
implementation: Provided further, That of the funds appropriated under
this heading, not to exceed $100,000 shall be available for
representation and entertainment allowances, of which not to exceed
$5,000 shall be available for entertainment allowances.''.
In title VII of that Act, see also sec. 7015--Reprogramming
Notification Requirements (123 Stat. 865). See also notes at sec. 613.
Sec. 1105 of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1898), provides the following:
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``global financial crisis
---------------------------------------------------------------------------
``Sec. 1105. (a) In General.--Of the funds appropriated in this
title under the heading `Economic Support Fund', not more than
$255,601,000 may be made available for assistance for vulnerable
populations in developing countries severely affected by the global
financial crisis that--
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``(1) have a 2007 per capita Gross National Income of $3,705 or less;
``(2) have seen a contraction in predicted growth rates of 2 percent or
more since 2007; and
``(3) demonstrate consistent improvement on the democracy and governance
indicators as measured by the Millennium Challenge Corporation 2009 Country
Scorebook.
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``(b) Transfer Authorities.--Of the funds appropriated in this
title under the heading `Economic Support Fund' for developing
countries impacted by the global financial crisis-
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``(1) up to $29,000,000 may be transferred and merged with `Development
Credit Authority', for the cost of direct loans and loan guarantees
notwithstanding the dollar limitations in such account on transfers to the
account and the principal amount of loans made or guaranteed with respect
to any single country or borrower: Provided, That such transferred funds
may be available to subsidize total loan principal, any portion of which is
to be guaranteed, of up to $2,000,000,000: Provided further, That the
authority provided by the previous proviso is in addition to authority
provided under the heading `Development Credit Authority' in Public Law
111-8: Provided further, That up to $1,500,000 may be for administrative
expenses to carry out credit programs administered by the United States
Agency for International Development; and
``(2) up to $20,000,000 may be transferred to, and merged with, `Overseas
Private Investment Corporation Program Account': Provided, That the
authority provided in this paragraph is in addition to authority provided
in section 7081 in Public Law 111-8.
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``(c) Reprogramming Authority.--Notwithstanding any other provision
of law, funds appropriated under the heading `Millennium Challenge
Corporation' (MCC) in prior Acts making appropriations for the
Department of State, foreign operations, and related programs may be
made available for programs and activities to assist vulnerable
populations severely affected by the global financial crisis in a
country that has signed a compact with the MCC or has been designated
by the MCC as a threshold country: Provided, That such a modification
of a compact or threshold program by the MCC should be made, if
practicable, prior to making available additional assistance for such
purposes: Provided further, That the MCC shall consult with the
Committees on Appropriations prior to exercising the authority of this
subsection.
``(d) Report.--The Secretary of State, in consultation with the
Administrator of the United States Agency for International Development
(USAID), shall submit a spending plan not later than 45 days after the
date of enactment of this Act to the Committees on Appropriations, and
prior to the initial obligation of funds appropriated for countries
impacted by the global economic crisis, detailing the use of all funds
on a country-by-country, and project-by-project basis: Provided, That
for each project, the report shall include (1) the projected long-term
economic impact of providing such funds; (2) the name of the entity or
implementing organization to which funds are being provided; (3)
whether funds will be provided as a direct cash transfer to a local or
national government entity; and (4) an assessment of whether USAID has
reviewed its existing programs in such country to determine
reprogramming opportunities to increase assistance for vulnerable
populations: Provided further, That funds transferred to the
Development Credit Authority and the Overseas Private Investment
Corporation are subject to the reporting requirements in section
1104.''.
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(b) Allocation of Funds.--
(1) In general.--The Corporation may allocate or
transfer to any agency of the United States Government
any of the funds available for carrying out this title.
Such funds shall be available for obligation and
expenditure for the purposes for which the funds were
authorized, in accordance with authority granted in
this title or under authority governing the activities
of the United States Government agency to which such
funds are allocated or transferred.
(2) Notification.--The Corporation shall notify the
appropriate congressional committees not less than 15
days prior to an allocation or transfer of funds
pursuant to paragraph (1).
n. HELP Commission Act
Section 637 of Division B of Public Law 108-199 [Consolidated
Appropriations Act, 2004; H.R. 2673], 118 Stat. 3 at 101, approved
January 23, 2004
SEC. 637.\1\ (a) This section may be cited as the ``HELP
Commission Act''.
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\1\ 22 U.S.C. 2394b.
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(b)(1) The Congress finds that, despite the long-standing
efforts and resources of the United States dedicated to helping
needy people around the world, despair remains and in many
areas is growing.
(2) Therefore, a commission should be established to bring
together the best minds associated with development and
humanitarian assistance to make a comprehensive review of--
(A) policy decisions, including why certain
development projects are funded and others are not,
successes, and best practices, including their
applicability to other existing programs and projects;
(B) delivery obstacles, including the roles of United
States agencies and other governmental and
nongovernmental organizations;
(C) methodology, including whether the delivery of
United States development assistance always represents
best practices and whether it can be improved; and
(D) results, including measuring improvements in
human capacity instead of in purely economic terms.
(3) An examination of these issues should present new
approaches and ideas to ensure that United States development
assistance reaches and benefits its intended recipients.
(c)(1) \2\ There is established the Helping to Enhance the
Livelihood of People (HELP) Around the Globe Commission (in
this section referred to as the ``Commission'').
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\2\ Title V of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2004 (division B of
Public Law 108-199; 118 Stat. 89) provided $3,000,000, to remain
available until expended, for necessary expenses of the HELP
Commission. Title V of the Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2005 (division B of Public Law
108-447; 118 Stat. 2809) provided $1,000,000, to remain available until
expended.
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(2) The Commission shall--
(A) identify the past and present objectives of
United States development assistance, identify cases in
which those objectives have been met, identify the
beneficiaries of such assistance, and what percentage
of the funds provided actually reached the intended
beneficiaries;
(B) identify cases in which United States development
assistance has been most successful, and analyze how
such successes may be transferable to other countries
or areas;
(C) study ways to expand educational opportunities
and investments in people, and assess infrastructure
needs;
(D) analyze how the United States could place
conditions on governments in countries receiving United
States development assistance, in light of and
notwithstanding the objectives of the Millennium
Challenge Account;
(E) analyze ways in which the United States can
coordinate its development assistance programs with
those of other donor countries and international
organizations;
(F) analyze ways in which the safety of development
assistance workers can be ensured, particularly in the
midst of conflicts;
(G) compare the effectiveness of increased and open
trade with development assistance, and analyze the
advantages and disadvantages of such trade and whether
such trade could be a more effective alternative to
United States development assistance;
(H) analyze ways in which the United States can
strengthen the capacity of indigenous nongovernmental
organizations to be more effective in grassroots
development;
(I) analyze ways in which decisions on providing
development assistance can involve more of the people
of the recipient countries;
(J) analyze ways in which results can be measured if
United States development assistance is targeted to the
least developed countries;
(K) recommend standards that should be set for
``graduating'' recipient countries from United States
development assistance;
(L) analyze whether United States development
assistance should be used as a means to achieve United
States foreign policy objectives;
(M) analyze how the United States can evaluate the
performance of its development assistance programs not
only against economic indicators, but in other ways,
including how to measure the success of United States
development assistance in democratization efforts; and
evaluate the existing foreign assistance framework to
ascertain the degree of coordination or lack thereof,
of the disparate foreign development programs as
administered by the various Federal agencies, to
identify and assess the redundancies of programs and
organizational structures engaged in foreign
assistance, and to recommend revisions to authorizing
legislation for foreign assistance that would seek to
reconcile competing foreign policy and foreign aid
goals; and
(N) study any other areas that the Commission
considers necessary relating to United States
development assistance.
(d)(1) The Commission shall be composed of 21 members as
follows:
(A) Six members shall be appointed by the President,
of whom at least two shall be representatives of
nongovernmental organizations.
(B) Four members shall be appointed by the majority
leader of the Senate, and three members shall be
appointed by the minority leader of the Senate.
(C) Four members shall be appointed by the Speaker of
the House of Representatives, and three members shall
be appointed by the minority leader of the House of
Representatives.
(D) The Administrator of the United States Agency for
International Development shall serve as a member of
the Commission, ex officio.
(2) Members under subparagraphs (A) through (C) of
paragraph (1) shall be appointed for the life of the
Commission.
(3) Members of the Commission shall be selected from among
individuals noted for their knowledge and experience in foreign
assistance, particularly development and humanitarian
assistance.
(4) The appointments under paragraph (1) shall be made not
later than 60 days after the date of the enactment of this
section.
(5) The President shall designate one of the members of the
Commission not currently in Government service as the Chair of
the Commission.
(6) In order to facilitate the workload of the Commission,
the Commission shall divide the membership of the Commission
into three subcommittees representing the different regions of
the world to which the United States provides development
assistance, the membership of each subcommittee to be
proportional to the percentage of United States development
assistance provided to the region represented by the
subcommittee. Each subcommittee shall elect one of its members
as Chair of the subcommittee.
(7)(A) Eleven members of the Commission shall constitute a
quorum for purposes of transacting the business of the
Commission. The Commission shall meet at the call of the Chair.
(B) A majority of the members of each regional subcommittee
shall constitute a quorum for purposes of transacting the
business of the subcommittee. Each subcommittee shall meet at
the call of the Chair of the subcommittee.
(8) Any vacancy of the Commission shall not affect its
powers, but shall be filled in the manner in which the original
appointment was made.
(9) The Administrator of General Services shall provide to
the Commission on a reimbursable basis (or, in the discretion
of the Administrator, on a nonreimbursable basis) such
administrative support services as the Commission may request
to carry out this section.
(10)(A) Subject to subparagraph (B), members of the
Commission shall serve without pay.
(B) Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
(11) Members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Commission.
(12)(A) The Chairman of the Commission may, without regard
to the civil service laws and regulations, appoint and
terminate an executive director and such other additional
personnel as may be necessary to enable the Commission to
perform its duties. The employment of an executive director
shall be subject to confirmation by the Commission.
(B) To the extent or in the amounts provided in advance in
appropriations Acts--
(i) the executive director shall be compensated at
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code; \3\
and
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\3\ The rate of compensation at level V of the Executive Schedule
in 2009 is $143,500 per annum (Executive Order 13483; 73 F.R. 78592;
December 18, 2008).
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(ii) the Chairman of the Commission may fix the
compensation of other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to
classification of positions and General Schedule pay
rates, except that the rate of pay for such personnel
may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.\3\
(e)(1) The Commission may, for the purpose of carrying out
its functions under this section, hold hearings, sit and act at
times and places in the United States and in countries that
receive United States development assistance, take testimony,
and receive evidence as the Commission considers advisable to
carry out the purposes of this section.
(2) The Commission may secure directly from any Federal
department or agency such information as the Commission
considers necessary to carry out the provisions of this
section. Upon request of the Chair of the Commission, the head
of such department or agency shall furnish such information to
the Commission, subject to applicable law.
(3) The Commission may use the United States mails in the
same manner and under the same conditions as other departments
and agencies of the Federal Government.
(4) The Commission may adopt such rules and regulations,
relating to administrative procedure, as may be reasonably
necessary to enable it to carry out the provisions of this
section.
(5) The Members of the Commission may, with the approval of
the Commission, conduct such travel as is necessary to carry
out the purposes of this section. Each trip must be approved by
a majority of the Commission.
(6) Upon the request of the Commission, the head of any
Federal department or agency may detail, on a reimbursable or
nonreimbursable basis, any of the personnel of that department
or agency to the Commission to assist it in carrying out its
functions under this section. The detail of any such personnel
shall be without interruption or loss of civil service or
Foreign Service status or privilege.
(f)(1) Not later than 2 years after the members of the
Commission are appointed under subsection (d)(1), the
Commission shall submit a report to the President, the
Secretary of State, the Committee on Appropriations and the
Committee on International Relations of the House of
Representatives, and the Committee on Appropriations and the
Committee on Foreign Relations of the Senate, setting forth its
findings and recommendations under section (c)(2).
(2) The report may be submitted in classified form,
together with a public summary of recommendations, if the
classification of information would further the purposes of
this section.
(3) Each members of the Commission may include the
individual or dissenting views of the member.
(g) The Federal Advisory Committee (5 U.S.C. App.) shall
not apply to the Commission.
(h) In this section, the term ``United States development
assistance'' means--
(1) assistance provided under any other provision of
law to carry out purposes comparable to those set forth
in the provisions referred to in paragraph (1).
(2) assistance provided under any other provision of
law to carry out purposes comparable to those set forth
in the provisions referred to in paragraph (1).
(i)(1) There are authorized to be appropriated to the
Commission such sums as may be necessary to carry out this
section.
(2) Amounts authorized to be appropriated under subsection
(a) are authorized to remain available until expended, but not
later than the date of termination of the Commission.
(j) The Commission shall terminate 30 days after the
submission of its report under subsection (f).
(k) \4\ (1) Not later than April 1, 2004, and April 1 of
each third year thereafter, the President shall transmit to the
Congress a report that analyzes, on a country-by-country basis,
the impact and effectiveness of United States economic
assistance furnished to each country during the preceding 3
fiscal years. The report shall include the following for each
recipient country:
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\4\ Though subsec. (k) was enacted as part of the HELP Commission
Act, the required report is not related to the HELP Commission and is
required not of the Commission but the President; it should probably
have been enacted as a separate section. See also sec. 634 of the
Foreign Assistance Act of 1961, which requires the Chairman of the
Development Coordination Committee to report annually to Congress on
American foreign policy and the effectiveness and impact of U.S.
foreign aid.
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(A) An analysis of the impact of United States
economic assistance during the preceding 3 fiscal years
on economic development in that country, with a
discussion of the United States interests that were
served by the assistance. The analysis shall be done on
a sector-by-sector basis to the extent possible and
shall identify any economic policy reforms that were
promoted by the assistance. The analysis shall--
(i) include a description, quantified to the
extent practicable, of the specific objectives
the Untied States sought to achieve in
providing economic assistance for that country;
and
(ii) specify the extent to which those
objectives were not achieved, with an
explanation of why they were not achieved.
(B) A description of the amount and nature of
economic assistance provided by other donors during the
preceding 3 fiscal years, set forth by development
sector to the extent possible.
(C) A discussion of the commitment of the host
government to addressing the country's needs in each
development sector, including a description of the
resources devoted by that government to each
development sector during the preceding 3 fiscal years.
(D) A description of the trends, both favorable and
unfavorable, in each development sector.
(E) Statistical and other information necessary to
evaluate the impact and effectiveness of United States
economic assistance on development in the country.
(F) A comparison of the analysis provided in the
report with relevant analyses by international
financial institutions, other international
organizations, other donor countries, or
nongovernmental organizations.
(2) The report required by this section shall identify--
(A) each country in which United States economic
assistance has been most successful, as indicated by
the extent to which the specific objectives the United
States sought to achieve in providing the assistance
for the country, as referred to in paragraph (1)(A)(i),
were achieved; and
(B) each country in which United States economic
assistance has been least successful, as indicated by
the extent to which the specific objectives the United
States sought to achieve in providing the assistance
for the country, as referred to in paragraph (1)(A)(i),
were not achieved; and, for each such country, an
explanation of why the assistance was not more
successful and a specification of what the United
States has done as a result.
(3) Information under paragraphs (1) and (2) for a fiscal
year shall not be required with respect to a country for which
United States economic assistance for the country for the
fiscal year is less than $5,000,000.
(4) In this subsection, the term ``United States economic
assistance'' means any bilateral economic assistance, from any
budget functional category, that is provided by any department
or agency of the United States to a foreign country, including
such assistance that is intended--
(A) to assist the development and economic
advancement of friendly foreign countries and peoples;
(B) to promote the freedom, aspirations, or
sustenance of friendly peoples under oppressive rule by
unfriendly governments;
(C) to promote international trade and foreign direct
investment as a means of aiding economic growth;
(D) to save lives and alleviate suffering of foreign
peoples during or following wars, natural disasters, or
complex crises;
(E) to assist in recovery and rehabilitation of
countries or peoples following disaster or war;
(F) to protect refugees and promote durable solutions
to aid refugees;
(G) to promote sound environmental practices;
(H) to assist in development of democratic
institutions and good governance by the people of
foreign countries;
(I) to promote peace and reconciliation or prevention
of conflict;
(J) to improve the technical capacities of
governments to reduce production of and demand for
illicit narcotics; and
(K) to otherwise promote through bilateral foreign
economic assistance the national objectives of the
United States.
o. Syria Accountability and Lebanese Sovereignty Restoration Act of
2003
Public Law 108-175 [H.R. 1828], 117 Stat. 2482, approved December 12,
2003
AN ACT To halt Syrian support for terrorism, end its occupation of
Lebanon, and stop its development of weapons of mass destruction, and
by so doing hold Syria accountable for the serious international
security problems it has caused in the Middle East, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
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\1\ 22 U.S.C. 2151 note. On May 11, 2004, the President issued
Executive Order 13338 (69 F.R. 26751) to block property of certain
persons and to prohibit the export of certain goods to Syria, as
authorized by this Act (sec. 5), the National Emergencies Act (50
U.S.C. 1601 et seq.) and the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.). See also Supplement No. 1 to 15 CFR Part
736, in which the Department of Commerce implements this Act (69 F.R.
26766).
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This Act may be cited as the ``Syria Accountability and
Lebanese Sovereignty Restoration Act of 2003''.
SEC. 2.\1\ FINDINGS.
Congress makes the following findings:
(1) On June 24, 2002, President Bush stated ``Syria
must choose the right side in the war on terror by
closing terrorist camps and expelling terrorist
organizations''.
(2) United Nations Security Council Resolution 1373
(September 28, 2001) mandates that all states ``refrain
from providing any form of support, active or passive,
to entities or persons involved in terrorist acts'',
take ``the necessary steps to prevent the commission of
terrorist acts'', and ``deny safe haven to those who
finance, plan, support, or commit terrorist acts''.
(3) The Government of Syria is currently prohibited
by United States law from receiving United States
assistance because it has repeatedly provided support
for acts of international terrorism, as determined by
the Secretary of State for purposes of section 6(j)(1)
of the Export Administration Act of 1979 (50 U.S.C.
App. 2405(j)(1)) and other relevant provisions of law.
(4) Although the Department of State lists Syria as a
state sponsor of terrorism and reports that Syria
provides ``safe haven and support to several terrorist
groups'', fewer United States sanctions apply with
respect to Syria than with respect to any other country
that is listed as a state sponsor of terrorism.
(5) Terrorist groups, including Hizballah, Hamas,
Palestinian Islamic Jihad, the Popular Front for the
Liberation of Palestine, and the Popular Front for the
Liberation of Palestine--General Command, maintain
offices, training camps, and other facilities on Syrian
territory, and operate in areas of Lebanon occupied by
the Syrian armed forces and receive supplies from Iran
through Syria.
(6) United Nations Security Council Resolution 520
(September 17, 1982) calls for ``strict respect of the
sovereignty, territorial integrity, unity and political
independence of Lebanon under the sole and exclusive
authority of the Government of Lebanon through the
Lebanese Army throughout Lebanon''.
(7) Approximately 20,000 Syrian troops and security
personnel occupy much of the sovereign territory of
Lebanon exerting undue influence upon its government
and undermining its political independence.
(8) Since 1990 the Senate and House of
Representatives have passed seven bills and resolutions
which call for the withdrawal of Syrian armed forces
from Lebanon.
(9) On March 3, 2003, Secretary of State Colin Powell
declared that it is the objective of the United States
to ``let Lebanon be ruled by the Lebanese people
without the presence of [the Syrian] occupation army''.
(10) Large and increasing numbers of the Lebanese
people from across the political spectrum in Lebanon
have mounted peaceful and democratic calls for the
withdrawal of the Syrian Army from Lebanese soil.
(11) Israel has withdrawn all of its armed forces
from Lebanon in accordance with United Nations Security
Council Resolution 425 (March 19, 1978), as certified
by the United Nations Secretary General.
(12) Even in the face of this United Nations
certification that acknowledged Israel's full
compliance with Security Council Resolution 425,
Syrian- and Iranian-supported Hizballah continues to
attack Israeli outposts at Shebaa Farms, under the
pretense that Shebaa Farms is territory from which
Israel was required to withdraw by Security Counsel
Resolution 425, and Syrian- and Iranian-supported
Hizballah and other militant organizations continue to
attack civilian targets in Israel.
(13) Syria will not allow Lebanon--a sovereign
country--to fulfill its obligation in accordance with
Security Council Resolution 425 to deploy its troops to
southern Lebanon.
(14) As a result, the Israeli-Lebanese border and
much of southern Lebanon is under the control of
Hizballah, which continues to attack Israeli positions,
allows Iranian Revolutionary Guards and other militant
groups to operate freely in the area, and maintains
thousands of rockets along Israel's northern border,
destabilizing the entire region.
(15) On February 12, 2003, Director of Central
Intelligence George Tenet stated the following with
respect to the Syrian- and Iranian-supported Hizballah:
``[A]s an organization with capability and worldwide
presence [it] is [al Qaeda's] equal if not a far more
capable organization * * * [T]hey're a notch above in
many respects, in terms of in their relationship with
the Iranians and the training they receive, [which]
puts them in a state-sponsored category with a
potential for lethality that's quite great.''.
(16) In the State of the Union address on January 29,
2002, President Bush declared that the United States
will ``work closely with our coalition to deny
terrorists and their state sponsors the materials,
technology, and expertise to make and deliver weapons
of mass destruction''.
(17) The Government of Syria continues to develop and
deploy short- and medium-range ballistic missiles.
(18) According to the December 2001 unclassified
Central Intelligence Agency report entitled ``Foreign
Missile Developments and the Ballistic Missile Threat
through 2015'', ``Syria maintains a ballistic missile
and rocket force of hundreds of FROG rockets, Scuds,
and SS-21 SRBMs [and] Syria has developed [chemical
weapons] warheads for its Scuds''.
(19) The Government of Syria is pursuing the
development and production of biological and chemical
weapons and has a nuclear research and development
program that is cause for concern.
(20) According to the Central Intelligence Agency's
``Unclassified Report to Congress on the Acquisition of
Technology Relating to Weapons of Mass Destruction and
Advanced Conventional Munitions'', released January 7,
2003: ``[Syria] already holds a stockpile of the nerve
agent sarin but apparently is trying to develop more
toxic and persistent nerve agents. Syria remains
dependent on foreign sources for key elements of its
[chemical weapons] program, including precursor
chemicals and key production equipment. It is highly
probable that Syria also is developing an offensive
[biological weapons] capability.''.
(21) On May 6, 2002, the Under Secretary of State for
Arms Control and International Security, John Bolton,
stated: ``The United States also knows that Syria has
long had a chemical warfare program. It has a stockpile
of the nerve agent sarin and is engaged in research and
development of the more toxic and persistent nerve
agent VX. Syria, which has signed but not ratified the
[Biological Weapons Convention], is pursuing the
development of biological weapons and is able to
produce at least small amounts of biological warfare
agents.''.
(22) According to the Central Intelligence Agency's
``Unclassified Report to Congress on the Acquisition of
Technology Relating to Weapons of Mass Destruction and
Advanced Conventional Munitions'', released January 7,
2003: ``Russia and Syria have approved a draft
cooperative program on cooperation on civil nuclear
power. In principal, broader access to Russian
expertise provides opportunities for Syria to expand
its indigenous capabilities, should it decide to pursue
nuclear weapons.''.
(23) Under the Treaty on the Non-Proliferation of
Nuclear Weapons (21 UST 483), which entered force on
March 5, 1970, and to which Syria is a party, Syria has
undertaken not to acquire or produce nuclear weapons
and has accepted full scope safeguards of the
International Atomic Energy Agency to detect diversions
of nuclear materials from peaceful activities to the
production of nuclear weapons or other nuclear
explosive devices.
(24) Syria is not a party to the Chemical Weapons
Convention or the Biological Weapons Convention, which
entered into force on April 29, 1997, and on March 26,
1975, respectively.
(25) Syrian President Bashar Assad promised Secretary
of State Powell in February 2001 to end violations of
Security Council Resolution 661, which restricted the
sale of oil and other commodities by Saddam Hussein's
regime, except to the extent authorized by other
relevant resolutions, but this pledge was never
fulfilled.
(26) Syria's illegal imports and transshipments of
Iraqi oil during Saddam Hussein's regime earned Syria
$50,000,000 or more per month as Syria continued to
sell its own Syrian oil at market prices.
(27) Syria's illegal imports and transshipments of
Iraqi oil earned Saddam Hussein's regime $2,000,000 per
day.
(28) On March 28, 2003, Secretary of Defense Donald
Rumsfeld warned: ``[W]e have information that shipments
of military supplies have been crossing the border from
Syria into Iraq, including night-vision goggles * * *
These deliveries pose a direct threat to the lives of
coalition forces. We consider such trafficking as
hostile acts, and will hold the Syrian government
accountable for such shipments.''.
(29) According to Article 23(1) of the United Nations
Charter, members of the United Nations are elected as
nonpermanent members of the United Nations Security
Council with ``due regard being specially paid, in the
first instance to the contribution of members of the
United Nations to the maintenance of international
peace and security and to other purposes of the
Organization''.
(30) Despite Article 23(1) of the United Nations
Charter, Syria was elected on October 8, 2001, to a 2-
year term as a nonpermanent member of the United
Nations Security Council beginning January 1, 2002, and
served as President of the Security Council during June
2002 and August 2003.
(31) On March 31, 2003, the Syrian Foreign Minister,
Farouq al-Sharra, made the Syrian regime's intentions
clear when he explicitly stated that ``Syria's interest
is to see the invaders defeated in Iraq''.
(32) On April 13, 2003, Secretary of Defense Donald
Rumsfeld charged that ``busloads'' of Syrian fighters
entered Iraq with ``hundreds of thousands of dollars''
and leaflets offering rewards for dead American
soldiers.
(33) On September 16, 2003, the Under Secretary of
State for Arms Control and International Security, John
Bolton, appeared before the Subcommittee on the Middle
East and Central Asia of the Committee on International
Relations of the House of Representatives, and
underscored Syria's ``hostile actions'' toward
coalition forces during Operation Iraqi Freedom. Under
Secretary Bolton added that: ``Syria allowed military
equipment to flow into Iraq on the eve of and during
the war. Syria permitted volunteers to pass into Iraq
to attack and kill our service members during the war,
and is still doing so * * * [Syria's] behavior during
Operation Iraqi Freedom underscores the importance of
taking seriously reports and information on Syria's WMD
capabilities.''.
(34) During his appearance before the Committee on
International Relations of the House of Representatives
on September 25, 2003, Ambassador L. Paul Bremer, III,
Administrator of the Coalition Provisional Authority in
Iraq, stated that out of the 278 third-country
nationals who were captured by coalition forces in
Iraq, the ``single largest group are Syrians''.
SEC. 3.\1\ SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of Syria should immediately and
unconditionally halt support for terrorism, permanently
and openly declare its total renunciation of all forms
of terrorism, and close all terrorist offices and
facilities in Syria, including the offices of Hamas,
Hizballah, Palestinian Islamic Jihad, the Popular Front
for the Liberation of Palestine, and the Popular Front
for the Liberation of Palestine--General Command;
(2) the Government of Syria should--
(A) immediately and unconditionally stop
facilitating transit from Syria to Iraq of
individuals, military equipment, and all lethal
items, except as authorized by the Coalition
Provisional Authority or a representative,
internationally recognized Iraqi government;
(B) cease its support for ``volunteers'' and
terrorists who are traveling from and through
Syria into Iraq to launch attacks; and
(C) undertake concrete, verifiable steps to
deter such behavior and control the use of
territory under Syrian control;
(3) the Government of Syria should immediately
declare its commitment to completely withdraw its armed
forces, including military, paramilitary, and security
forces, from Lebanon, and set a firm timetable for such
withdrawal;
(4) the Government of Lebanon should deploy the
Lebanese armed forces to all areas of Lebanon,
including South Lebanon, in accordance with United
Nations Security Council Resolution 520 (September 17,
1982), in order to assert the sovereignty of the
Lebanese state over all of its territory, and should
evict all terrorist and foreign forces from southern
Lebanon, including Hizballah and the Iranian
Revolutionary Guards;
(5) the Government of Syria should halt the
development and deployment of medium- and long-range
surface-to-surface missiles and cease the development
and production of biological and chemical weapons;
(6) the Governments of Lebanon and Syria should enter
into serious unconditional bilateral negotiations with
the Government of Israel in order to realize a full and
permanent peace;
(7) the United States should continue to provide
humanitarian and educational assistance to the people
of Lebanon only through appropriate private,
nongovernmental organizations and appropriate
international organizations, until such time as the
Government of Lebanon asserts sovereignty and control
over all of its territory and borders and achieves full
political independence, as called for in United Nations
Security Council Resolution 520; and
(8) as a violator of several key United Nations
Security Council resolutions and as a nation that
pursues policies which undermine international peace
and security, Syria should not have been permitted to
join the United Nations Security Council or serve as
the Security Council's President, and should be removed
from the Security Council.
SEC. 4.\1\ STATEMENT OF POLICY.
It is the policy of the United States that--
(1) Syria should bear responsibility for attacks
committed by Hizballah and other terrorist groups with
offices, training camps, or other facilities in Syria,
or bases in areas of Lebanon occupied by Syria;
(2) the United States will work to deny Syria the
ability to support acts of international terrorism and
efforts to develop or acquire weapons of mass
destruction;
(3) the Secretary of State will continue to list
Syria as a state sponsor of terrorism until Syria ends
its support for terrorism, including its support of
Hizballah and other terrorist groups in Lebanon and its
hosting of terrorist groups in Damascus, and comes into
full compliance with United States law relating to
terrorism and United Nations Security Council
Resolution 1373 (September 28, 2001);
(4) the full restoration of Lebanon's sovereignty,
political independence, and territorial integrity is in
the national security interest of the United States;
(5) Syria is in violation of United Nations Security
Council Resolution 520 (September 17, 1982) through its
continued occupation of Lebanese territory and its
encroachment upon Lebanon's political independence;
(6) Syria's obligation to withdraw from Lebanon is
not conditioned upon progress in the Israeli-Syrian or
Israeli-Lebanese peace process but derives from Syria's
obligation under Security Council Resolution 520;
(7) Syria's acquisition of weapons of mass
destruction and ballistic missile programs threaten the
security of the Middle East and the national security
interests of the United States;
(8) Syria will be held accountable for any harm to
Coalition armed forces or to any United States citizen
in Iraq if the government of Syria is found to be
responsible due to its facilitation of terrorist
activities and its shipments of military supplies to
Iraq; and
(9) the United States will not provide any assistance
to Syria and will oppose multilateral assistance for
Syria until Syria ends all support for terrorism,
withdraws its armed forces from Lebanon, and halts the
development and deployment of weapons of mass
destruction and medium- and long-range surface-to-
surface ballistic missiles.
SEC. 5.\1\ PENALTIES AND AUTHORIZATION.
(a) Penalties.--Until the President makes the determination
that Syria meets all the requirements described in paragraphs
(1) through (4) of subsection (d) and certifies such
determination to Congress in accordance with such subsection--
(1) the President shall prohibit the export to Syria
of any item, including the issuance of a license for
the export of any item, on the United States Munitions
List or Commerce Control List of dual-use items in the
Export Administration Regulations (15 CFR part 730 et
seq.); and
(2) the President shall impose two or more of the
following sanctions:
(A) Prohibit the export of products of the
United States (other than food and medicine) to
Syria.
(B) Prohibit United States businesses from
investing or operating in Syria.
(C) Restrict Syrian diplomats in Washington,
D.C., and at the United Nations in New York
City, to travel only within a 25-mile radius of
Washington, D.C., or the United Nations
headquarters building, respectively.
(D) Prohibit aircraft of any air carrier
owned or controlled by Syria to take off from,
land in, or overfly the United States.
(E) Reduce United States diplomatic contacts
with Syria (other than those contacts required
to protect United States interests or carry out
the purposes of this Act).
(F) Block transactions in any property in
which the Government of Syria has any interest,
by any person, or with respect to any property,
subject to the jurisdiction of the United
States.
(b) Waiver.--The President may waive the application of
subsection (a)(1), (a)(2), or both if the President determines
that it is in the national security interest of the United
States to do so and submits to the appropriate congressional
committees a report containing the reasons for the
determination.
(c) Authority To Provide Assistance To Syria.--If the
President--
(1) makes the determination that Syria meets the
requirements described in paragraphs (1) through (4) of
subsection (d) and certifies such determination to
Congress in accordance with such subsection;
(2) determines that substantial progress has been
made both in negotiations aimed at achieving a peace
agreement between Israel and Syria and in negotiations
aimed at achieving a peace agreement between Israel and
Lebanon; and
(3) determines that the Government of Syria is
strictly respecting the sovereignty, territorial
integrity, unity, and political independence of Lebanon
under the sole and exclusive authority of the
Government of Lebanon through the Lebanese army
throughout Lebanon, as required under paragraph (4) of
United Nations Security Council Resolution 520 (1982),
then the President is authorized to provide assistance to Syria
under chapter 1 of part I of the Foreign Assistance Act of 1961
(relating to development assistance).
(d) Certification.--A certification under this subsection
is a certification transmitted to the appropriate congressional
committees of a determination made by the President that--
(1) the Government of Syria has ceased providing
support for international terrorist groups and does not
allow terrorist groups, such as Hamas, Hizballah,
Palestinian Islamic Jihad, the Popular Front for the
Liberation of Palestine, and the Popular Front for the
Liberation of Palestine--General Command to maintain
facilities in territory under Syrian control;
(2) the Government of Syria ended its occupation of
Lebanon described in section 2(7) of this Act;
(3) the Government of Syria has ceased the
development and deployment of medium- and long-range
surface-to-surface ballistic missiles, is not pursuing
or engaged in the research, development, acquisition,
production, transfer, or deployment of biological,
chemical, or nuclear weapons, has provided credible
assurances that such behavior will not be undertaken in
the future, and has agreed to allow United Nations and
other international observers to verify such actions
and assurances; and
(4) the Government of Syria has ceased all support
for, and facilitation of, all terrorist activities
inside of Iraq, including preventing the use of
territory under its control by any means whatsoever to
support those engaged in terrorist activities inside of
Iraq.
SEC. 6.\1\ REPORT.
(a) Report.--Not later than 6 months after the date of the
enactment of this Act, and every 12 months thereafter until the
conditions described in paragraphs (1) through (4) of section
5(d) are satisfied, the Secretary of State shall submit to the
appropriate congressional committees a report on--
(1) Syria's progress toward meeting the conditions
described in paragraphs (1) through (4) of section
5(d);
(2) connections, if any, between individual
terrorists and terrorist groups which maintain offices,
training camps, or other facilities on Syrian
territory, or operate in areas of Lebanon occupied by
the Syrian armed forces, and terrorist attacks on the
United States or its citizens, installations, or
allies; and
(3) how the United States is increasing its efforts
against Hizballah and other terrorist organizations
supported by Syria.
(b) Form.--The report submitted under subsection (a) shall
be in unclassified form but may include a classified annex.
SEC. 7.\1\ DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this Act, the term ``appropriate congressional
committees'' means the Committee on International Relations of
the House of Representatives and the Committee on Foreign
Relations of the Senate.
p. HIV/AIDS, Tuberculosis, and Malaria Assistance
(1) United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003
Public Law 108-25 [H.R. 1298], 117 Stat. 711, approved May 27, 2003; as
amended by Public Law 108-199 [Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2004; H.R. 2673], 118 Stat. 3
at 143, approved January 23, 2004; and Public Law 110-293 [Tom Lantos
and Henry J. Hyde United States Global Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Reauthorization Act of 2008; H.R. 5501], 122
Stat. 2918, approved July 30, 2008
AN ACT To provide assistance to foreign countries to combat HIV/AIDS,
tuberculosis, and malaria, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 7601 note.
\2\ Added by sec. 204(b) of the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2942) (in
notes, hereafter referred to as ``Lantos/Hyde Reauthorization Act of
2008'').
---------------------------------------------------------------------------
(b) Table of Contents.--The table of contents for this Act
is as follows:
Page
Sec. 1. Short title; table of contents............................ 657
Sec. 2. Findings.................................................. 658
Sec. 3. Definitions............................................... 666
Sec. 4. Purpose................................................... 667
Sec. 5. Authority to consolidate and combine reports.............. 668
TITLE I--POLICY PLANNING AND COORDINATION
Sec. 101. Development of a comprehensive, five-year, global
strategy...................................................... 668
Sec. 102. HIV/AIDS Response Coordinator........................... 681
TITLE II--SUPPORT FOR MULTILATERAL FUNDS, PROGRAMS, AND PUBLIC-PRIVATE
PARTNERSHIPS
Sec. 201. Sense of Congress on public-private partnerships........ 684
Sec. 202. Participation in the Global Fund to Fight AIDS,
Tuberculosis and Malaria...................................... 684
Sec. 203. Voluntary contributions to international vaccine funds.. 692
Sec. 204.\2\ Combating HIV/AIDS, tuberculosis, and malaria by
strengthening health policies and health systems of partner
countries..................................................... 692
TITLE III--BILATERAL EFFORTS
Subtitle A--General Assistance and Programs
Sec. 301. Assistance to combat HIV/AIDS........................... 694
Sec. 302. Assistance to combat tuberculosis....................... 697
Sec. 303. Assistance to combat malaria............................ 697
Sec. 304. Pilot program for the placement of health care
professionals in overseas areas severely affected by HIV/AIDS,
tuberculosis, and malaria..................................... 699
Sec. 305. Report on treatment activities by relevant executive
branch agencies............................................... 702
Sec. 306. Strategies to improve injection safety.................. 703
Sec. 307. Study on illegal diversions of prescription drugs....... 703
Subtitle B--Assistance for Children and Families
Sec. 311. Findings................................................ 704
Sec. 312. Policy and requirements................................. 705
Sec. 313. Annual reports on prevention of mother-to-child
transmission of the HIV infection............................. 707
Sec. 314. Pilot program of assistance for children and families
affected by HIV/AIDS.......................................... 708
Sec. 315. Pilot program on family survival partnerships........... 709
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
Sec. 401. Authorization of appropriations......................... 711
Sec. 402. Sense of Congress....................................... 714
Sec. 403. Allocation of funds..................................... 714
Sec. 404. Assistance from the United States private sector to
prevent and reduce HIV/AIDS in sub-Saharan Africa............. 716
TITLE V--INTERNATIONAL FINANCIAL INSTITUTIONS
Sec. 501. Modification of the Enhanced HIPC Initiative............ 717
Sec. 502. Report on expansion of debt relief to non-HIPC countries 717
Sec. 503. Authorization of appropriations......................... 717
SEC. 2.\3\ FINDINGS.
Congress makes the following findings:
---------------------------------------------------------------------------
\3\ 22 U.S.C. 7601.
---------------------------------------------------------------------------
(1) During the last 20 years, HIV/AIDS has assumed
pandemic proportions, spreading from the most severely
affected regions, sub-Saharan Africa and the Caribbean,
to all corners of the world, and leaving an
unprecedented path of death and devastation.
(2) According to the Joint United Nations Programme
on HIV/AIDS (UNAIDS), more than 65,000,000 individuals
worldwide have been infected with HIV since the
epidemic began, more than 25,000,000 of these
individuals have lost their lives to the disease, and
more than 14,000,000 children have been orphaned by the
disease. HIV/AIDS is the fourth-highest cause of death
in the world.
(3)(A) At the end of 2002, an estimated 42,000,000
individuals were infected with HIV or living with AIDS,
of which more than 75 percent live in Africa or the
Caribbean. Of these individuals, more than 3,200,000
were children under the age of 15 and more than
19,200,000 were women.
(B) Women are four times more vulnerable to infection
than are men and are becoming infected at increasingly
high rates, in part because many societies do not
provide poor women and young girls with the social,
legal, and cultural protections against high risk
activities that expose them to HIV/AIDS.
(C) Women and children who are refugees or are
internally displaced persons are especially vulnerable
to sexual exploitation and violence, thereby increasing
the possibility of HIV infection.
(4) As the leading cause of death in sub-Saharan
Africa, AIDS has killed more than 19,400,000
individuals (more than 3 times the number of AIDS
deaths in the rest of the world) and will claim the
lives of one-quarter of the population, mostly adults,
in the next decade.
(5) An estimated 2,000,000 individuals in Latin
America and the Caribbean and another 7,100,000
individuals in Asia and the Pacific region are infected
with HIV or living with AIDS. Infection rates are
rising alarmingly in Eastern Europe (especially in the
Russian Federation), Central Asia, and China.
(6) HIV/AIDS threatens personal security by affecting
the health, lifespan, and productive capacity of the
individual and the social cohesion and economic well-
being of the family.
(7) HIV/AIDS undermines the economic security of a
country and individual businesses in that country by
weakening the productivity and longevity of the labor
force across a broad array of economic sectors and by
reducing the potential for economic growth over the
long term.
(8) HIV/AIDS destabilizes communities by striking at
the most mobile and educated members of society, many
of whom are responsible for security at the local level
and governance at the national and subnational levels
as well as many teachers, health care personnel, and
other community workers vital to community development
and the effort to combat HIV/AIDS. In some countries
the overwhelming challenges of the HIV/AIDS epidemic
are accelerating the outward migration of critically
important health care professionals.
(9) HIV/AIDS weakens the defenses of countries
severely affected by the HIV/AIDS crisis through high
infection rates among members of their military forces
and voluntary peacekeeping personnel. According to
UNAIDS, in sub-Saharan Africa, many military forces
have infection rates as much as five times that of the
civilian population.
(10) HIV/AIDS poses a serious security issue for the
international community by--
(A) increasing the potential for political
instability and economic devastation,
particularly in those countries and regions
most severely affected by the disease;
(B) decreasing the capacity to resolve
conflicts through the introduction of
peacekeeping forces because the environments
into which these forces are introduced pose a
high risk for the spread of HIV/AIDS; and
(C) increasing the vulnerability of local
populations to HIV/AIDS in conflict zones from
peacekeeping troops with HIV infection rates
significantly higher than civilian populations.
(11) The devastation wrought by the HIV/AIDS pandemic
is compounded by the prevalence of tuberculosis and
malaria, particularly in developing countries where the
poorest and most vulnerable members of society,
including women, children, and those individuals living
with HIV/AIDS, become infected. According to the World
Health Organization (WHO), HIV/AIDS, tuberculosis, and
malaria accounted for more than 5,700,000 deaths in
2001 and caused debilitating illnesses in millions
more.
(12) Together, HIV/AIDS, tuberculosis, malaria and
related diseases are undermining agricultural
production throughout Africa. According to the United
Nations Food and Agricultural Organization, 7,000,000
agricultural workers throughout 25 African countries
have died from AIDS since 1985. Countries with poorly
developed agricultural systems, which already face
chronic food shortages, are the hardest hit,
particularly in sub-Saharan Africa, where high HIV
prevalence rates are compounding the risk of starvation
for an estimated 14,400,000 people.
(13) Tuberculosis is the cause of death for one out
of every three people with AIDS worldwide and is a
highly communicable disease. HIV infection is the
leading threat to tuberculosis control. Because HIV
infection so severely weakens the immune system,
individuals with HIV and latent tuberculosis infection
have a 100 times greater risk of developing active
tuberculosis diseases thereby increasing the risk of
spreading tuberculosis to others. Tuberculosis, in
turn, accelerates the onset of AIDS in individuals
infected with HIV.
(14) Malaria, the most deadly of all tropical
parasitic diseases, has been undergoing a dramatic
resurgence in recent years due to increasing resistance
of the malaria parasite to inexpensive and effective
drugs. At the same time, increasing resistance of
mosquitoes to standard insecticides makes control of
transmission difficult to achieve. The World Health
Organization estimates that between 300,000,000 and
500,000,000 new cases of malaria occur each year, and
annual deaths from the disease number between 2,000,000
and 3,000,000. Persons infected with HIV are
particularly vulnerable to the malaria parasite. The
spread of HIV infection contributes to the difficulties
of controlling resurgence of the drug resistant malaria
parasite.
(15) HIV/AIDS is first and foremost a health problem.
Successful strategies to stem the spread of the HIV/
AIDS pandemic will require clinical medical
interventions, the strengthening of health care
delivery systems and infrastructure, and determined
national leadership and increased budgetary allocations
for the health sector in countries affected by the
epidemic as well as measures to address the social and
behavioral causes of the problem and its impact on
families, communities, and societal sectors.
(16) Basic interventions to prevent new HIV
infections and to bring care and treatment to people
living with AIDS, such as voluntary counseling and
testing and mother-to-child transmission programs, are
achieving meaningful results and are cost-effective.
The challenge is to expand these interventions from a
pilot program basis to a national basis in a coherent
and sustainable manner.
(17) Appropriate treatment of individuals with HIV/
AIDS can prolong the lives of such individuals,
preserve their families, prevent children from becoming
orphans, and increase productivity of such individuals
by allowing them to lead active lives and reduce the
need for costly hospitalization for treatment of
opportunistic infections caused by HIV.
(18) Nongovernmental organizations, including faith-
based organizations, with experience in health care and
HIV/AIDS counseling, have proven effective in combating
the HIV/AIDS pandemic and can be a resource in
assisting indigenous organizations in severely affected
countries in their efforts to provide treatment and
care for individuals infected with HIV/AIDS.
(19) Faith-based organizations are making an
important contribution to HIV prevention and AIDS
treatment programs around the world. Successful HIV
prevention programs in Uganda, Jamaica, and elsewhere
have included local churches and faith-based groups in
efforts to promote behavior changes to prevent HIV, to
reduce stigma associated with HIV infection, to treat
those afflicted with the disease, and to care for
orphans. The Catholic Church alone currently cares for
one in four people being treated for AIDS worldwide.
Faith-based organizations possess infrastructure,
experience, and knowledge that will be needed to carry
out these programs in the future and should be an
integral part of United States efforts.
(20)(A) Uganda has experienced the most significant
decline in HIV rates of any country in Africa,
including a decrease among pregnant women from 20.6
percent in 1991 to 7.9 percent in 2000.
(B) Uganda made this remarkable turnaround because
President Yoweri Museveni spoke out early, breaking
long-standing cultural taboos, and changed widespread
perceptions about the disease. His leadership stands as
a model for ways political leaders in Africa and other
developing countries can mobilize their nations,
including civic organizations, professional
associations, religious institutions, business and
labor to combat HIV/AIDS.
(C) Uganda's successful AIDS treatment and prevention
program is referred to as the ABC model: ``Abstain, Be
faithful, use Condoms'', in order of priority. Jamaica,
Zambia, Ethiopia and Senegal have also successfully
used the ABC model. Beginning in 1986, Uganda brought
about a fundamental change in sexual behavior by
developing a low-cost program with the message: ``Stop
having multiple partners. Be faithful. Teenagers, wait
until you are married before you begin sex.''.
(D) By 1995, 95 percent of Ugandans were reporting
either one or zero sexual partners in the past year,
and the proportion of sexually active youth declined
significantly from the late 1980s to the mid-1990s. The
greatest percentage decline in HIV infections and the
greatest degree of behavioral change occurred in those
15 to 19 years old. Uganda's success shows that
behavior change, through the use of the ABC model, is a
very successful way to prevent the spread of HIV.
(21) The magnitude and scope of the HIV/AIDS crisis
demands a comprehensive, long-term, international
response focused upon addressing the causes, reducing
the spread, and ameliorating the consequences of the
HIV/AIDS pandemic, including--
(A) prevention and education, care and
treatment, basic and applied research, and
training of health care workers, particularly
at the community and provincial levels, and
other community workers and leaders needed to
cope with the range of consequences of the HIV/
AIDS crisis;
(B) development of health care infrastructure
and delivery systems through cooperative and
coordinated public efforts and public and
private partnerships;
(C) development and implementation of
national and community-based multisector
strategies that address the impact of HIV/AIDS
on the individual, family, community, and
nation and increase the participation of at-
risk populations in programs designed to
encourage behavioral and social change and
reduce the stigma associated with HIV/AIDS; and
(D) coordination of efforts between
international organizations such as the Global
Fund to Fight AIDS, Tuberculosis and Malaria,
the Joint United Nations Programme on HIV/AIDS
(UNAIDS), the World Health Organization (WHO),
national governments, and private sector
organizations, including faith-based
organizations.
(22) The United States has the capacity to lead and
enhance the effectiveness of the international
community's response by--
(A) providing substantial financial
resources, technical expertise, and training,
particularly of health care personnel and
community workers and leaders;
(B) promoting vaccine and microbicide
research and the development of new treatment
protocols in the public and commercial
pharmaceutical research sectors;
(C) making available pharmaceuticals and
diagnostics for HIV/AIDS therapy;
(D) encouraging governments and faith-based
and community-based organizations to adopt
policies that treat HIV/AIDS as a multisectoral
public health problem affecting not only health
but other areas such as agriculture, education,
the economy, the family and society, and
assisting them to develop and implement
programs corresponding to these needs;
(E) promoting healthy lifestyles, including
abstinence, delaying sexual debut, monogamy,
marriage, faithfulness, use of condoms, and
avoiding substance abuse; and
(F) encouraging active involvement of the
private sector, including businesses,
pharmaceutical and biotechnology companies, the
medical and scientific communities, charitable
foundations, private and voluntary
organizations and nongovernmental
organizations, faith-based organizations,
community-based organizations, and other
nonprofit entities.
(23) Prostitution and other sexual victimization are
degrading to women and children and it should be the
policy of the United States to eradicate such
practices. The sex industry, the trafficking of
individuals into such industry, and sexual violence are
additional causes of and factors in the spread of the
HIV/AIDS epidemic. One in nine South Africans is living
with AIDS, and sexual assault is rampant, at a
victimization rate of one in three women. Meanwhile in
Cambodia, as many as 40 percent of prostitutes are
infected with HIV and the country has the highest rate
of increase of HIV infection in all of Southeast Asia.
Victims of coercive sexual encounters do not get to
make choices about their sexual activities.
(24) Strong coordination must exist among the various
agencies of the United States to ensure effective and
efficient use of financial and technical resources
within the United States Government with respect to the
provision of international HIV/AIDS assistance.
(25) In his address to Congress on January 28, 2003,
the President announced the Administration's intention
to embark on a five-year emergency plan for AIDS
relief, to confront HIV/AIDS with the goals of
preventing 7,000,000 new HIV/AIDS infections, treating
at least 2,000,000 people with life-extending drugs,
and providing humane care for millions of people
suffering from HIV/AIDS, and for children orphaned by
HIV/AIDS.
(26) In this address to Congress, the President
stated the following: ``Today, on the continent of
Africa, nearly 30,000,000 people have the AIDS virus--
including 3,000,000 children under the age of 15. There
are whole countries in Africa where more than one-third
of the adult population carries the infection. More
than 4,000,000 require immediate drug treatment. Yet
across that continent, only 50,000 AIDS victims--only
50,000--are receiving the medicine they need.''.
(27) Furthermore, the President focused on care and
treatment of HIV/AIDS in his address to Congress,
stating the following: ``Because the AIDS diagnosis is
considered a death sentence, many do not seek
treatment. Almost all who do are turned away. A doctor
in rural South Africa describes his frustration. He
says, `We have no medicines. Many hospitals tell
people, you've got AIDS, we can't help you. Go home and
die.' In an age of miraculous medicines, no person
should have to hear those words. AIDS can be prevented.
Anti-retroviral drugs can extend life for many years *
* * Ladies and gentlemen, seldom has history offered a
greater opportunity to do so much for so many.''.
(28) Finally, the President stated that ``[w]e have
confronted, and will continue to confront, HIV/AIDS in
our own country'', proposing now that the United States
should lead the world in sparing innocent people from a
plague of nature, and asking Congress ``to commit
$15,000,000,000 over the next five years, including
nearly $10,000,000,000 in new money, to turn the tide
against AIDS in the most afflicted nations of Africa
and the Caribbean''.
(29) \4\ On May 27, 2003, the President signed this
Act into law, launching the largest international
public health program of its kind ever created.
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\4\ Sec. 2 of the Lantos/Hyde Reauthorization Act of 2008 (Public
Law 110-293; 122 Stat. 2919) added paras. (29) through (41).
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(30) \4\ Between 2003 and 2008, the United States,
through the President's Emergency Plan for AIDS Relief
(PEPFAR) and in conjunction with other bilateral
programs and the multilateral Global Fund has helped
to--
(A) provide antiretroviral therapy for over
1,900,000 people;
(B) ensure that over 150,000 infants, most of
whom would have likely been infected with HIV
during pregnancy or childbirth, were not
infected; and
(C) provide palliative care and HIV
prevention assistance to millions of other
people.
(31) \4\ While United States leadership in the
battles against HIV/AIDS, tuberculosis, and malaria has
had an enormous impact, these diseases continue to take
a terrible toll on the human race.
(32) \4\ According to the 2007 AIDS Epidemic Update
of the Joint United Nations Programme on HIV/AIDS
(UNAIDS)--
(A) an estimated 2,100,000 people died of
AIDS-related causes in 2007; and
(B) an estimated 2,500,000 people were newly
infected with HIV during that year.
(33) \4\ According to the World Health Organization,
malaria kills more than 1,000,000 people per year, 70
percent of whom are children under 5 years of age.
(34) \4\ According to the World Health Organization,
1/3 of the world's population is infected with the
tuberculosis bacterium, and tuberculosis is 1 of the
greatest infectious causes of death of adults
worldwide, killing 1,600,000 people per year.
(35) \4\ Efforts to promote abstinence, fidelity, the
correct and consistent use of condoms, the delay of
sexual debut, and the reduction of concurrent sexual
partners represent important elements of strategies to
prevent the transmission of HIV/AIDS.
(36) \4\ According to UNAIDS--
(A) women and girls make up nearly 60 percent
of persons in sub-Saharan Africa who are HIV
positive;
(B) women and girls are more biologically,
economically, and socially vulnerable to HIV
infection; and
(C) gender issues are critical components in
the effort to prevent HIV/AIDS and to care for
those affected by the disease.
(37) \4\ Children who have lost a parent to HIV/AIDS,
who are otherwise directly affected by the disease, or
who live in areas of high HIV prevalence may be
vulnerable to the disease or its socioeconomic effects.
(38) \4\ Lack of health capacity, including
insufficient personnel and inadequate infrastructure,
in sub-Saharan Africa and other regions of the world is
a critical barrier that limits the effectiveness of
efforts to combat HIV/AIDS, tuberculosis, and malaria,
and to achieve other global health goals.
(39) \4\ On March 30, 2007, the Institute of Medicine
of the National Academies released a report entitled
``PEPFAR Implementation: Progress and Promise'', which
found that budget allocations setting percentage levels
for spending on prevention, care, and treatment and for
certain subsets of activities within the prevention
category--
(A) have ``adversely affected implementation
of the U.S. Global AIDS Initiative'';
(B) have inhibited comprehensive, integrated,
evidence based approaches;
(C) ``have been counterproductive'';
(D) ``may have been helpful initially in
ensuring a balance of attention to activities
within the 4 categories of prevention,
treatment, care, and orphans and vulnerable
children'';
(E) ``have also limited PEPFAR's ability to
tailor its activities in each country to the
local epidemic and to coordinate with the level
of activities in the countries' national
plans''; and
(F) should be removed by Congress and
replaced with more appropriate mechanisms
that--
(i) ``ensure accountability for
results from Country Teams to the U.S.
Global AIDS Coordinator and to
Congress''; and
(ii) ``ensure that spending is
directly linked to and commensurate
with necessary efforts to achieve both
country and overall performance targets
for prevention, treatment, care, and
orphans and vulnerable children''.
(40) \4\ The United States Government has endorsed
the principles of harmonization in coordinating efforts
to combat HIV/AIDS commonly referred to as the ``Three
Ones'', which includes--
(A) 1 agreed HIV/AIDS action framework that
provides the basis for coordination of the work
of all partners;
(B) 1 national HIV/AIDS coordinating
authority, with a broadbased multisectoral
mandate; and
(C) 1 agreed HIV/AIDS country-level
monitoring and evaluating system.
(41) \4\ In the Abuja Declaration on HIV/AIDS,
Tuberculosis and Other Related Infectious Diseases, of
April 26-27, 2001 (referred to in this Act as the
``Abuja Declaration''), the Heads of State and
Government of the Organization of African Unity (OAU)--
(A) declared that they would ``place the
fight against HIV/AIDS at the forefront and as
the highest priority issue in our respective
national development plans'';
(B) committed ``TO TAKE PERSONAL
RESPONSIBILITY AND PROVIDE LEADERSHIP for the
activities of the National AIDS Commissions/
Councils'';
(C) resolved ``to lead from the front the
battle against HIV/AIDS, Tuberculosis and Other
Related Infectious Diseases by personally
ensuring that such bodies were properly
convened in mobilizing our societies as a whole
and providing focus for unified national
policymaking and programme implementation,
ensuring coordination of all sectors at all
levels with a gender perspective and respect
for human rights, particularly to ensure equal
rights for people living with HIV/AIDS''; and
(D) pledged ``to set a target of allocating
at least 15% of our annual budget to the
improvement of the health sector''.
SEC. 3.\5\ DEFINITIONS.
In this Act:
---------------------------------------------------------------------------
\5\ 22 U.S.C. 7602.
---------------------------------------------------------------------------
(1) AIDS.--The term ``AIDS'' means the acquired
immune deficiency syndrome.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives, the Committee on Appropriations of the
Senate, and the Committee on Appropriations \6\ of the
House of Representatives.
---------------------------------------------------------------------------
\6\ Sec. 3(1) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2921) struck out ``Committee on
International Relations'' and inserted in lieu thereof ``Committee on
Foreign Affairs of the House of Representatives, the Committee on
Appropriations of the Senate, and the Committee on Appropriations''.
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(3) \7\ Global aids coordinator.--The term ``Global
AIDS Coordinator'' means the Coordinator of United
States Government Activities to Combat HIV/AIDS
Globally.
---------------------------------------------------------------------------
\7\ Sec. 3(4) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2921) added new para. (3).
---------------------------------------------------------------------------
(4) \8\ Global fund.--The term ``Global Fund'' means
the public-private partnership known as the Global Fund
to Fight AIDS, Tuberculosis and Malaria established
pursuant to Article 80 of the Swiss Civil Code.
---------------------------------------------------------------------------
\8\ Sec. 3(3) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2921) redesignated the original paras.
(3) through (5) as paras. (4) through (6), respectively.
---------------------------------------------------------------------------
(5) \8\ HIV.--The term ``HIV'' means the human
immunodeficiency virus, the pathogen that causes AIDS.
(6) \8\ HIV/AIDS.--The term ``HIV/AIDS'' means, with
respect to an individual, an individual who is infected
with HIV or living with AIDS.
(7) \9\ Impact evaluation research.--The term
``impact evaluation research'' means the application of
research methods and statistical analysis to measure
the extent to which change in a population-based
outcome can be attributed to program intervention
instead of other environmental factors.
---------------------------------------------------------------------------
\9\ Sec. 3(5) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2921) added paras. (7) through (11).
---------------------------------------------------------------------------
(8) \9\ Operations research.--The term ``operations
research'' means the application of social science
research methods, statistical analysis, and other
appropriate scientific methods to judge, compare, and
improve policies and program outcomes, from the
earliest stages of defining and designing programs
through their development and implementation, with the
objective of the rapid dissemination of conclusions and
concrete impact on programming.
(9) \9\ Paraprofessional.--The term
``paraprofessional'' means an individual who is trained
and employed as a health agent for the provision of
basic assistance in the identification, prevention, or
treatment of illness or disability.
(10) \9\ Partner government.--The term ``partner
government'' means a government with which the United
States is working to provide assistance to combat HIV/
AIDS, tuberculosis, or malaria on behalf of people
living within the jurisdiction of such government.
(11) \9\ Program monitoring.--The term ``program
monitoring'' means the collection, analysis, and use of
routine program data to determine--
(A) how well a program is carried out; and
(B) how much the program costs.
(12) \10\ Relevant executive branch agencies.--The
term ``relevant executive branch agencies'' means the
Department of State, the United States Agency for
International Development, and any other department or
agency of the United States that participates in
international HIV/AIDS activities pursuant to the
authorities of such department or agency or the Foreign
Assistance Act of 1961.
---------------------------------------------------------------------------
\10\ Sec. 3(2) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2921) redesignated original para. (6) as
para. (12).
---------------------------------------------------------------------------
SEC. 4.\11\ PURPOSE.
The purpose of this Act is to strengthen and enhance United
States leadership and the effectiveness of the United States
response to the HIV/AIDS, tuberculosis, and malaria pandemics
and other related and preventable infectious diseases as part
of the overall United States health and development agenda by--
---------------------------------------------------------------------------
\11\ 22 U.S.C. 7603. Sec. 4 of the Lantos/Hyde Reauthorization Act
of 2008 (Public Law 110-293; 122 Stat. 2922) amended and restated sec.
4, which previously read as follows:
---------------------------------------------------------------------------
``sec. 4. purpose.
---------------------------------------------------------------------------
``The purpose of this Act is to strengthen United States leadership
and the effectiveness of the United States response to certain global
infectious diseases by--
---------------------------------------------------------------------------
``(1) establishing a comprehensive, integrated five-year, global strategy
to fight HIV/AIDS that encompasses a plan for phased expansion of critical
programs and improved coordination among relevant executive branch agencies
and between the United States and foreign governments and international
organizations;
``(2) providing increased resources for multilateral efforts to fight
HIV/AIDS;
``(3) providing increased resources for United States bilateral efforts,
particularly for technical assistance and training, to combat HIV/AIDS,
tuberculosis, and malaria;
``(4) encouraging the expansion of private sector efforts and expanding
public-private sector partnerships to combat HIV/AIDS; and
``(5) intensifying efforts to support the development of vaccines and
treatment for HIV/AIDS, tuberculosis, and malaria.''.
(1) establishing comprehensive, coordinated, and
integrated 5-year, global strategies to combat HIV/
AIDS, tuberculosis, and malaria by--
(A) building on progress and successes to
date;
(B) improving harmonization of United States
efforts with national strategies of partner
governments and other public and private
entities; and
(C) emphasizing capacity building initiatives
in order to promote a transition toward greater
sustainability through the support of country-
driven efforts;
(2) providing increased resources for bilateral and
multilateral efforts to fight HIV/AIDS, tuberculosis,
and malaria as integrated components of United States
development assistance;
(3) intensifying efforts to--
(A) prevent HIV infection;
(B) ensure the continued support for, and
expanded access to, treatment and care
programs;
(C) enhance the effectiveness of prevention,
treatment, and care programs; and
(D) address the particular vulnerabilities of
girls and women;
(4) encouraging the expansion of private sector
efforts and expanding public-private sector
partnerships to combat HIV/AIDS, tuberculosis, and
malaria;
(5) reinforcing efforts to--
(A) develop safe and effective vaccines,
microbicides, and other prevention and
treatment technologies; and
(B) improve diagnostics capabilities for HIV/
AIDS, tuberculosis, and malaria; and
(6) helping partner countries to--
(A) strengthen health systems;
(B) expand health workforce; and
(C) address infrastructural weaknesses.
SEC. 5.\12\ AUTHORITY TO CONSOLIDATE AND COMBINE REPORTS.
With respect to the reports required by this Act to be
submitted by the President, to ensure an efficient use of
resources, the President may, in his discretion and
notwithstanding any other provision of this Act, consolidate or
combine any of these reports, except for the report required by
section 101 of this Act, so long as the required elements of
each report are addressed and reported within a 90-day period
from the original deadline date for submission of the report
specified in this Act. The President may also enter into
contracts with organizations with relevant expertise to
develop, originate, or contribute to any of the reports
required by this Act to be submitted by the President, with the
exception of the 5-year strategy.\13\
---------------------------------------------------------------------------
\12\ 22 U.S.C. 7604.
\13\ Sec. 5 of the Lantos/Hyde Reauthorization Act of 2008 (Public
Law 110-293; 122 Stat. 2922) inserted ``, with the exception of the 5-
year strategy'' before the period at the end.
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TITLE I--POLICY PLANNING AND COORDINATION
SEC. 101.\14\ DEVELOPMENT OF A COMPREHENSIVE, FIVE-YEAR, GLOBAL
STRATEGY.
(a) \15\ Strategy.--The President shall establish a
comprehensive, integrated, 5-year strategy to expand and
improve efforts to combat global HIV/AIDS. This strategy
shall--
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\14\ 22 U.S.C. 7611. In a memorandum of February 23, 2004 (69 F.R.
9509), the President delegated authority under secs. 202(c), 305 and
313 to the Secretary of State. The President, further, delegated the
authority under sec. 101 to the Secretary of State to establish a
comprehensive, integrated, 5-year strategy to combat global HIV/AIDS
and to report to Congress. In a memorandum for the Global AIDS
Coordinator, issued on July 29, 2004 (Delegation of Authority No. 145-
18; 69 F.R. 45880), the Secretary of State delegated the authority in
these sections to the Global AIDS Coordinator.
\15\ Sec. 101(a) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2923) amended and restated sec. 101(a),
which previously read as follows:
``(a) Strategy.--The President shall establish a comprehensive,
integrated, five-year strategy to combat global HIV/AIDS that
strengthens the capacity of the United States to be an effective leader
of the international campaign against HIV/AIDS. Such strategy shall
maintain sufficient flexibility and remain responsive to the ever-
changing nature of the HIV/AIDS pandemic and shall--
---------------------------------------------------------------------------
``(1) include specific objectives, multisectoral approaches, and specific
strategies to treat individuals infected with HIV/AIDS and to prevent the
further spread of HIV infections, with a particular focus on the needs of
families with children (including the prevention of mother-to-child
transmission), women, young people, and children (such as unaccompanied
minor children and orphans);
``(2) as part of the strategy, implement a tiered approach to direct
delivery of care and treatment through a system based on central facilities
augmented by expanding circles of local delivery of care and treatment
through local systems and capacity;
``(3) assign priorities for relevant executive branch agencies;
``(4) provide that the reduction of HIV/AIDS behavioral risks shall be a
priority of all prevention efforts in terms of funding, educational
messages, and activities by promoting abstinence from sexual activity and
substance abuse, encouraging monogamy and faithfulness, promoting the
effective use of condoms, and eradicating prostitution, the sex trade,
rape, sexual assault and sexual exploitation of women and children;
``(5) improve coordination and reduce duplication among relevant
executive branch agencies, foreign governments, and international
organizations;
``(6) project general levels of resources needed to achieve the stated
objectives;
``(7) expand public-private partnerships and the leveraging of resources;
``(8) maximize United States capabilities in the areas of technical
assistance and training and research, including vaccine research;
``(9) establish priorities for the distribution of resources based on
factors such as the size and demographics of the population with HIV/AIDS,
tuberculosis, and malaria and the needs of that population and the existing
infrastructure or funding levels that may exist to cure, treat, and prevent
HIV/AIDS, tuberculosis, and malaria; and
``(10) include initiatives describing how the President will maximize the
leverage of private sector dollars in reduction and treatment of HIV/AIDS,
tuberculosis, and malaria.''.
(1) further strengthen the capability of the United
States to be an effective leader of the international
campaign against this disease and strengthen the
capacities of nations experiencing HIV/AIDS epidemics
to combat this disease;
(2) maintain sufficient flexibility and remain
responsive to--
(A) changes in the epidemic;
(B) challenges facing partner countries in
developing and implementing an effective
national response; and
(C) evidence-based improvements and
innovations in the prevention, care, and
treatment of HIV/AIDS;
(3) situate United States efforts to combat HIV/AIDS,
tuberculosis, and malaria within the broader United
States global health and development agenda,
establishing a roadmap to link investments in specific
disease programs to the broader goals of strengthening
health systems and infrastructure and to integrate and
coordinate HIV/AIDS, tuberculosis, or malaria programs
with other health or development programs, as
appropriate;
(4) provide a plan to--
(A) prevent 12,000,000 new HIV infections
worldwide;
(B) support--
(i) the increase in the number of
individuals with HIV/AIDS receiving
antiretroviral treatment above the goal
established under section 402(a)(3) and
increased pursuant to paragraphs (1)
through (3) of section 403(d); and
(ii) additional treatment through
coordinated multilateral efforts;
(C) support care for 12,000,000 individuals
infected with or affected by HIV/AIDS,
including 5,000,000 orphans and vulnerable
children affected by HIV/AIDS, with an emphasis
on promoting a comprehensive, coordinated
system of services to be integrated throughout
the continuum of care;
(D) help partner countries in the effort to
achieve goals of 80 percent access to
counseling, testing, and treatment to prevent
the transmission of HIV from mother to child,
emphasizing a continuum of care model;
(E) help partner countries to provide care
and treatment services to children with HIV in
proportion to their percentage within the HIV-
infected population in each country;
(F) promote preservice training for health
professionals designed to strengthen the
capacity of institutions to develop and
implement policies for training health workers
to combat HIV/AIDS, tuberculosis, and malaria;
(G) equip teachers with skills needed for
HIV/AIDS prevention and support for persons
with, or affected by, HIV/AIDS;
(H) provide and share best practices for
combating HIV/AIDS with health professionals;
(I) promote pediatric HIV/AIDS training for
physicians, nurses, and other health care
workers, through public-private partnerships if
possible, including through the designation, if
appropriate, of centers of excellence for
training in pediatric HIV/AIDS prevention,
care, and treatment in partner countries; and
(J) help partner countries to train and
support retention of health care professionals
and paraprofessionals, with the target of
training and retaining at least 140,000 new
health care professionals and paraprofessionals
with an emphasis on training and in country
deployment of critically needed doctors and
nurses and to strengthen capacities in
developing countries, especially in sub-Saharan
Africa, to deliver primary health care with the
objective of helping countries achieve staffing
levels of at least 2.3 doctors, nurses, and
midwives per 1,000 population, as called for by
the World Health Organization;
(5) include multisectoral approaches and specific
strategies to treat individuals infected with HIV/AIDS
and to prevent the further transmission of HIV
infections, with a particular focus on the needs of
families with children (including the prevention of
mother-to-child transmission), women, young people,
orphans, and vulnerable children;
(6) establish a timetable with annual global
treatment targets with country-level benchmarks for
antiretroviral treatment;
(7) expand the integration of timely and relevant
research within the prevention, care, and treatment of
HIV/AIDS;
(8) include a plan for program monitoring, operations
research, and impact evaluation and for the
dissemination of a best practices report to highlight
findings;
(9) support the in-country or intra-regional
training, preferably through public-private
partnerships, of scientific investigators, managers,
and other staff who are capable of promoting the
systematic uptake of clinical research findings and
other evidence-based interventions into routine
practice, with the goal of improving the quality,
effectiveness, and local leadership of HIV/AIDS health
care;
(10) expand and accelerate research on and
development of HIV/AIDS prevention methods for women,
including enhancing inter-agency collaboration,
staffing, and organizational infrastructure dedicated
to microbicide research;
(11) provide for consultation with local leaders and
officials to develop prevention strategies and programs
that are tailored to the unique needs of each country
and community and targeted particularly toward those
most at risk of acquiring HIV infection;
(12) make the reduction of HIV/AIDS behavioral risks
a priority of all prevention efforts by--
(A) promoting abstinence from sexual activity
and encouraging monogamy and faithfulness;
(B) encouraging the correct and consistent
use of male and female condoms and increasing
the availability of, and access to, these
commodities;
(C) promoting the delay of sexual debut and
the reduction of multiple concurrent sexual
partners;
(D) promoting education for discordant
couples (where an individual is infected with
HIV and the other individual is uninfected or
whose status is unknown) about safer sex
practices;
(E) promoting voluntary counseling and
testing, addiction therapy, and other
prevention and treatment tools for illicit
injection drug users and other substance
abusers;
(F) educating men and boys about the risks of
procuring sex commercially and about the need
to end violent behavior toward women and girls;
(G) supporting partner country and community
efforts to identify and address social,
economic, or cultural factors, such as
migration, urbanization, conflict, gender-based
violence, lack of empowerment for women, and
transportation patterns, which directly
contribute to the transmission of HIV;
(H) supporting comprehensive programs to
promote alternative livelihoods, safety, and
social reintegration strategies for commercial
sex workers and their families;
(I) promoting cooperation with law
enforcement to prosecute offenders of
trafficking, rape, and sexual assault crimes
with the goal of eliminating such crimes; and
(J) working to eliminate rape, gender-based
violence, sexual assault, and the sexual
exploitation of women and children;
(13) include programs to reduce the transmission of
HIV, particularly addressing the heightened
vulnerabilities of women and girls to HIV in many
countries; and
(14) support other important means of preventing or
reducing the transmission of HIV, including--
(A) medical male circumcision;
(B) the maintenance of a safe blood supply;
(C) promoting universal precautions in formal
and informal health care settings;
(D) educating the public to recognize and to
avoid risks to contract HIV through blood
exposures during formal and informal health
care and cosmetic services;
(E) investigating suspected nosocomial
infections to identify and stop further
nosocomial transmission; and
(F) other mechanisms to reduce the
transmission of HIV;
(15) increase support for prevention of mother-to-
child transmission;
(16) build capacity within the public health sector
of developing countries by improving health systems and
public health infrastructure and developing indicators
to measure changes in broader public health sector
capabilities;
(17) increase the coordination of HIV/AIDS programs
with development programs;
(18) provide a framework for expanding or developing
existing or new country or regional programs,
including--
(A) drafting compacts or other agreements, as
appropriate;
(B) establishing criteria and objectives for
such compacts and agreements; and
(C) promoting sustainability;
(19) provide a plan for national and regional
priorities for resource distribution and a global
investment plan by region;
(20) provide a plan to address the immediate and
ongoing needs of women and girls, which--
(A) addresses the vulnerabilities that
contribute to their elevated risk of infection;
(B) includes specific goals and targets to
address these factors;
(C) provides clear guidance to field missions
to integrate gender across prevention, care,
and treatment programs;
(D) sets forth gender-specific indicators to
monitor progress on outcomes and impacts of
gender programs;
(E) supports efforts in countries in which
women or orphans lack inheritance rights and
other fundamental protections to promote the
passage, implementation, and enforcement of
such laws;
(F) supports life skills training, especially
among women and girls, with the goal of
reducing vulnerabilities to HIV/AIDS;
(G) addresses and prevents gender-based
violence; and
(H) addresses the posttraumatic and
psychosocial consequences and provides
postexposure prophylaxis protecting against HIV
infection to victims of gender-based violence
and rape;
(21) provide a plan to--
(A) determine the local factors that may put
men and boys at elevated risk of contracting or
transmitting HIV;
(B) address male norms and behaviors to
reduce these risks, including by reducing
alcohol abuse;
(C) promote responsible male behavior; and
(D) promote male participation and leadership
at the community level in efforts to promote
HIV prevention, reduce stigma, promote
participation in voluntary counseling and
testing, and provide care, treatment, and
support for persons with HIV/AIDS;
(22) provide a plan to address the vulnerabilities
and needs of orphans and children who are vulnerable
to, or affected by, HIV/AIDS;
(23) encourage partner countries to develop health
care curricula and promote access to training tailored
to individuals receiving services through, or exiting
from, existing programs geared to orphans and
vulnerable children;
(24) provide a framework to work with international
actors and partner countries toward universal access to
HIV/AIDS prevention, treatment, and care programs,
recognizing that prevention is of particular
importance;
(25) enhance the coordination of United States
bilateral efforts to combat global HIV/AIDS with other
major public and private entities;
(26) enhance the attention given to the national
strategic HIV/AIDS plans of countries receiving United
States assistance by--
(A) reviewing the planning and programmatic
decisions associated with that assistance; and
(B) helping to strengthen such national
strategies, if necessary;
(27) support activities described in the Global Plan
to Stop TB, including--
(A) expanding and enhancing the coverage of
the Directly Observed Treatment Short-course
(DOTS) in order to treat individuals infected
with tuberculosis and HIV, including multi-drug
resistant or extensively drug resistant
tuberculosis; and
(B) improving coordination and integration of
HIV/AIDS and tuberculosis programming;
(28) ensure coordination between the Global AIDS
Coordinator and the Malaria Coordinator and address
issues of comorbidity between HIV/AIDS and malaria; and
(29) include a longer term estimate of the projected
resource needs, progress toward greater sustainability
and country ownership of HIV/AIDS programs, and the
anticipated role of the United States in the global
effort to combat HIV/AIDS during the 10-year period
beginning on October 1, 2013.
(b) \16\ Report.--
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\16\ Sec. 101(b) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2927) amended and restated subsec. (b).
It previously read as follows:
``(b) Report.--
---------------------------------------------------------------------------
``(1) In general.--Not later than 270 days after the date of enactment of
this Act, the President shall submit to the appropriate congressional
committees a report setting forth the strategy described in subsection (a).
``(2) Report contents.--The report required by paragraph (1) shall
include a discussion of the elements described in paragraph (3) and may
include a discussion of additional elements relevant to the strategy
described in subsection (a). Such discussion may include an explanation as
to why a particular element described in paragraph (3) is not relevant to
such strategy.
``(3) Report elements.--The elements referred to in paragraph (2) are the
following:
``(A) The objectives, general and specific, of the strategy.
``(B) A description of the criteria for determining success of the
strategy.
``(C) A description of the manner in which the strategy will address the
fundamental elements of prevention and education, care, and treatment
(including increasing access to pharmaceuticals and to vaccines), the
promotion of abstinence, monogamy, avoidance of substance abuse, and use of
condoms, research (including incentives for vaccine development and new
protocols), training of health care workers, the development of health care
infrastructure and delivery systems, and avoidance of substance abuse.
``(D) A description of the manner in which the strategy will promote the
development and implementation of national and community-based
multisectoral strategies and programs, including those designed to enhance
leadership capacity particularly at the community level.
``(E) A description of the specific strategies developed to meet the
unique needs of women, including the empowerment of women in interpersonal
situations, young people and children, including those orphaned by HIV/AIDS
and those who are victims of the sex trade, rape, sexual abuse, assault,
and exploitation.
``(F) A description of the specific strategies developed to encourage men
to be responsible in their sexual behavior, child rearing and to respect
women including the reduction of sexual violence and coercion.
``(G) A description of the specific strategies developed to increase
women's access to employment opportunities, income, productive resources,
and microfinance programs.
``(H) A description of the programs to be undertaken to maximize United
States contributions in the areas of technical assistance, training
(particularly of health care workers and community-based leaders in
affected sectors), and research, including the promotion of research on
vaccines and microbicides.
``(I) An identification of the relevant executive branch agencies that
will be involved and the assignment of priorities to those agencies.
``(J) A description of the role of each relevant executive branch agency
and the types of programs that the agency will be undertaking.
``(K) A description of the mechanisms that will be utilized to coordinate
the efforts of the relevant executive branch agencies, to avoid duplication
of efforts, to enhance on-site coordination efforts, and to ensure that
each agency undertakes programs primarily in those areas where the agency
has the greatest expertise, technical capabilities, and potential for
success.
``(L) A description of the mechanisms that will be utilized to ensure
greater coordination between the United States and foreign governments and
international organizations including the Global Fund, UNAIDS,
international financial institutions, and private sector organizations.
``(M) The level of resources that will be needed on an annual basis and
the manner in which those resources would generally be allocated among the
relevant executive branch agencies.
``(N) A description of the mechanisms to be established for monitoring
and evaluating programs, promoting successful models, and for terminating
unsuccessful programs.
``(O) A description of the manner in which private, nongovernmental
entities will factor into the United States Government-led effort and a
description of the type of partnerships that will be created to maximize
the capabilities of these private sector entities and to leverage
resources.
``(P) A description of the ways in which United States leadership will be
used to enhance the overall international response to the HIV/AIDS pandemic
and particularly to heighten the engagement of the member states of the G-8
and to strengthen key financial and coordination mechanisms such as the
Global Fund and UNAIDS.
``(Q) A description of the manner in which the United States strategy for
combating HIV/AIDS relates to and supports other United States assistance
strategies in developing countries.
``(R) A description of the programs to be carried out under the strategy
that are specifically targeted at women and girls to educate them about the
spread of HIV/AIDS.
``(S) A description of efforts being made to address the unique needs of
families with children with respect to HIV/AIDS, including efforts to
preserve the family unit.
``(T) An analysis of the emigration of critically important medical and
public health personnel, including physicians, nurses, and supervisors from
sub-Saharan African countries that are acutely impacted by HIV/AIDS,
including a description of the causes, effects, and the impact on the
stability of health infrastructures, as well as a summary of incentives and
programs that the United States could provide, in concert with other
private and public sector partners and international organizations, to
stabilize health institutions by encouraging critical personnel to remain
in their home countries.
``(U) A description of the specific strategies developed to promote
sustainability of HIV/AIDS pharmaceuticals (including antiretrovirals) and
the effects of drug resistance on HIV/AIDS patients.
``(V) A description of the specific strategies to ensure that the
extraordinary benefit of HIV/AIDS pharmaceuticals (especially
antiretrovirals) are not diminished through the illegal counterfeiting of
pharmaceuticals and black market sales of such pharmaceuticals.
``(W) An analysis of the prevalence of Human Papilloma Virus (HPV) in
sub-Saharan Africa and the impact that condom usage has upon the spread of
HPV in sub-Saharan Africa.''.
(1) In general.--Not later than October 1, 2009, the
President shall submit a report to the appropriate
congressional committees that sets forth the strategy
described in subsection (a).
(2) Contents.--The report required under paragraph
(1) shall include a discussion of the following
elements:
(A) The purpose, scope, methodology, and
general and specific objectives of the
strategy.
(B) The problems, risks, and threats to the
successful pursuit of the strategy.
(C) The desired goals, objectives,
activities, and outcome-related performance
measures of the strategy.
(D) A description of future costs and
resources needed to carry out the strategy.
(E) A delineation of United States Government
roles, responsibility, and coordination
mechanisms of the strategy.
(F) A description of the strategy--
(i) to promote harmonization of
United States assistance with that of
other international, national, and
private actors as elucidated in the
``Three Ones''; and
(ii) to address existing challenges
in harmonization and alignment.
(G) A description of the manner in which the
strategy will--
(i) further the development and
implementation of the national
multisectoral strategic HIV/AIDS
frameworks of partner governments; and
(ii) enhance the centrality,
effectiveness, and sustainability of
those national plans.
(H) A description of how the strategy will
seek to achieve the specific targets described
in subsection (a) and other targets, as
appropriate.
(I) A description of, and rationale for, the
timetable for annual global treatment targets
with country-level estimates of numbers of
persons in need of antiretroviral treatment,
country-level benchmarks for United States
support for assistance for antiretroviral
treatment, and numbers of persons enrolled in
antiretroviral treatment programs receiving
United States support. If global benchmarks are
not achieved within the reporting period, the
report shall include a description of steps
being taken to ensure that global benchmarks
will be achieved and a detailed breakdown and
justification of spending priorities in
countries in which benchmarks are not being
met, including a description of other donor or
national support for antiretroviral treatment
in the country, if appropriate.
(J) A description of how operations research
is addressed in the strategy and how such
research can most effectively be integrated
into care, treatment, and prevention activities
in order to--
(i) improve program quality and
efficiency;
(ii) ascertain cost effectiveness;
(iii) ensure transparency and
accountability;
(iv) assess population-based impact;
(v) disseminate findings and best
practices; and
(vi) optimize delivery of services.
(K) An analysis of United States-assisted
strategies to prevent the transmission of HIV/
AIDS, including methodologies to promote
abstinence, monogamy, faithfulness, the correct
and consistent use of male and female condoms,
reductions in concurrent sexual partners, and
delay of sexual debut, and of intended
monitoring and evaluation approaches to measure
the effectiveness of prevention programs and
ensure that they are targeted to appropriate
audiences.
(L) Within the analysis required under
subparagraph (K), an examination of additional
planned means of preventing the transmission of
HIV including medical male circumcision,
maintenance of a safe blood supply, public
education about risks to acquire HIV infection
from blood exposures, promotion of universal
precautions, investigation of suspected
nosocomial infections and other tools.
(M) A description of efforts to assist
partner country and community to identify and
address social, economic, or cultural factors,
such as migration, urbanization, conflict,
gender-based violence, lack of empowerment for
women, and transportation patterns, which
directly contribute to the transmission of HIV.
(N) A description of the specific targets,
goals, and strategies developed to address the
needs and vulnerabilities of women and girls to
HIV/AIDS, including--
(i) activities directed toward men
and boys;
(ii) activities to enhance
educational, microfinance, and
livelihood opportunities for women and
girls;
(iii) activities to promote and
protect the legal empowerment of women,
girls, and orphans and vulnerable
children;
(iv) programs targeted toward gender-
based violence and sexual coercion;
(v) strategies to meet the particular
needs of adolescents;
(vi) assistance for victims of rape,
sexual abuse, assault, exploitation,
and trafficking; and
(vii) programs to prevent alcohol
abuse.
(O) A description of strategies to address
male norms and behaviors that contribute to the
transmission of HIV, to promote responsible
male behavior, and to promote male
participation and leadership in HIV/AIDS
prevention, care, treatment, and voluntary
counseling and testing.
(P) A description of strategies--
(i) to address the needs of orphans
and vulnerable children, including an
analysis of--
(I) factors contributing to
children's vulnerability to
HIV/AIDS; and
(II) vulnerabilities caused
by the impact of HIV/AIDS on
children and their families;
and
(ii) in areas of higher HIV/AIDS
prevalence, to promote a community-
based approach to vulnerability,
maximizing community input into
determining which children participate.
(Q) A description of capacity-building
efforts undertaken by countries themselves,
including adherents of the Abuja Declaration
and an assessment of the impact of
International Monetary Fund macroeconomic and
fiscal policies on national and donor
investments in health.
(R) A description of the strategy to--
(i) strengthen capacity building
within the public health sector;
(ii) improve health care in those
countries;
(iii) help countries to develop and
implement national health workforce
strategies;
(iv) strive to achieve goals in
training, retaining, and effectively
deploying health staff;
(v) promote the use of codes of
conduct for ethical recruiting
practices for health care workers; and
(vi) increase the sustainability of
health programs.
(S) A description of the criteria for
selection, objectives, methodology, and
structure of compacts or other framework
agreements with countries or regional
organizations, including--
(i) the role of civil society;
(ii) the degree of transparency;
(iii) benchmarks for success of such
compacts or agreements; and
(iv) the relationship between such
compacts or agreements and the national
HIV/AIDS and public health strategies
and commitments of partner countries.
(T) A strategy to better coordinate HIV/AIDS
assistance with nutrition and food assistance
programs.
(U) A description of transnational or
regional initiatives to combat regionalized
epidemics in highly affected areas such as the
Caribbean.
(V) A description of planned resource
distribution and global investment by region.
(W) A description of coordination efforts in
order to better implement the Stop TB Strategy
and to address the problem of coinfection of
HIV/AIDS and tuberculosis and of projected
challenges or barriers to successful
implementation.
(X) A description of coordination efforts to
address malaria and comorbidity with malaria
and HIV/AIDS.
(c) \17\ Study of Progress Toward Achievement of Policy
Objectives.--
---------------------------------------------------------------------------
\17\ Sec. 101(c) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2930) amended and restated subsec. (c).
It previously read as follows:
``(c) Study; Distribution of Resources.--
---------------------------------------------------------------------------
``(1) Study.--Not later than 3 years after the date of the enactment of
this Act, the Institute of Medicine shall publish findings comparing the
success rates of the various programs and methods used under the strategy
described in subsection (a) to reduce, prevent, and treat HIV/AIDS,
tuberculosis, and malaria.
``(2) Distribution of resources.-- In prioritizing the distribution of
resources under the strategy described in subsection (a), the President
shall consider the findings published by the Institute of Medicine under
this subsection.''.
(1) Design and budget plan for data evaluation.--The
Global AIDS Coordinator shall enter into a contract
with the Institute of Medicine of the National
Academies that provides that not later than 18 months
after the date of the enactment of the Tom Lantos and
Henry J. Hyde United States Global Leadership Against
HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act
of 2008, the Institute, in consultation with the Global
AIDS Coordinator and other relevant parties
representing the public and private sector, shall
provide the Global AIDS Coordinator with a design plan
and budget for the evaluation and collection of
baseline and subsequent data to address the elements
set forth in paragraph (2)(B). The Global AIDS
Coordinator shall submit the budget and design plan to
the appropriate congressional committees.
(2) Study.--
(A) In general.--Not later than 4 years after
the date of the enactment of the Tom Lantos and
Henry J. Hyde United States Global Leadership
Against HIV/AIDS, Tuberculosis, and Malaria
Reauthorization Act of 2008, the Institute of
Medicine of the National Academies shall
publish a study that includes--
(i) an assessment of the performance
of United States-assisted global HIV/
AIDS programs; and
(ii) an evaluation of the impact on
health of prevention, treatment, and
care efforts that are supported by
United States funding, including
multilateral and bilateral programs
involving joint operations.
(B) Content.--The study conducted under this
paragraph shall include--
(i) an assessment of progress toward
prevention, treatment, and care
targets;
(ii) an assessment of the effects on
health systems, including on the
financing and management of health
systems and the quality of service
delivery and staffing;
(iii) an assessment of efforts to
address gender-specific aspects of HIV/
AIDS, including gender related
constraints to accessing services and
addressing underlying social and
economic vulnerabilities of women and
men;
(iv) an evaluation of the impact of
treatment and care programs on 5-year
survival rates, drug adherence, and the
emergence of drug resistance;
(v) an evaluation of the impact of
prevention programs on HIV incidence in
relevant population groups;
(vi) an evaluation of the impact on
child health and welfare of
interventions authorized under this Act
on behalf of orphans and vulnerable
children;
(vii) an evaluation of the impact of
programs and activities authorized in
this Act on child mortality; and
(viii) recommendations for improving
the programs referred to in
subparagraph (A)(i).
(C) Methodologies.--Assessments and impact
evaluations conducted under the study shall
utilize sound statistical methods and
techniques for the behavioral sciences,
including random assignment methodologies as
feasible. Qualitative data on process variables
should be used for assessments and impact
evaluations, wherever possible.
(3) Contract authority.--The Institute of Medicine
may enter into contracts or cooperative agreements or
award grants to conduct the study under paragraph (2).
(4) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary to carry out the study under this subsection.
(d) \18\ Comptroller General Report.--
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\18\ Sec. 101(d) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2931) added subsecs. (d), (e), and (f).
---------------------------------------------------------------------------
(1) Report required.--Not later than 3 years after
the date of the enactment of the Tom Lantos and Henry
J. Hyde United States Global Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Reauthorization Act of
2008, the Comptroller General of the United States
shall submit a report on the global HIV/AIDS programs
of the United States to the appropriate congressional
committees.
(2) Contents.--The report required under paragraph
(1) shall include--
(A) a description and assessment of the
monitoring and evaluation practices and
policies in place for these programs;
(B) an assessment of coordination within
Federal agencies involved in these programs,
examining both internal coordination within
these programs and integration with the larger
global health and development agenda of the
United States;
(C) an assessment of procurement policies and
practices within these programs;
(D) an assessment of harmonization with
national government HIV/AIDS and public health
strategies as well as other international
efforts;
(E) an assessment of the impact of global
HIV/AIDS funding and programs on other United
States global health programming; and
(F) recommendations for improving the global
HIV/AIDS programs of the United States.
(e) \18\ Best Practices Report.--
(1) In general.--Not later than 1 year after the date
of the enactment of the Tom Lantos and Henry J. Hyde
United States Global Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Reauthorization Act of 2008,
and annually thereafter, the Global AIDS Coordinator
shall publish a best practices report that highlights
the programs receiving financial assistance from the
United States that have the potential for replication
or adaption, particularly at a low cost, across global
AIDS programs, including those that focus on both
generalized and localized epidemics.
(2) Dissemination of findings.--
(A) Publication on internet website.--The
Global AIDS Coordinator shall disseminate the
full findings of the annual best practices
report on the Internet website of the Office of
the Global AIDS Coordinator.
(B) Dissemination guidance.--The Global AIDS
Coordinator shall develop guidance to ensure
timely submission and dissemination of
significant information regarding best
practices with respect to global AIDS programs.
(f) \18\ Inspectors General.--
(1) Oversight plan.--
(A) Development.--The Inspectors General of
the Department of State and Broadcasting Board
of Governors, the Department of Health and
Human Services, and the United States Agency
for International Development shall jointly
develop 5 coordinated annual plans for
oversight activity in each of the fiscal years
2009 through 2013, with regard to the programs
authorized under this Act and sections 104A,
104B, and 104C of the Foreign Assistance Act of
1961 (22 U.S.C. 2151b-2, 2151b-3, and 2151b-4).
(B) Contents.--The plans developed under
subparagraph (A) shall include a schedule for
financial audits, inspections, and performance
reviews, as appropriate.
(C) Deadline.--
(i) Initial plan.--The first plan
developed under subparagraph (A) shall
be completed not later than the later
of--
(I) September 1, 2008; or
(II) 60 days after the date
of the enactment of the Tom
Lantos and Henry J. Hyde United
States Global Leadership
Against HIV/AIDS, Tuberculosis,
and Malaria Reauthorization Act
of 2008.
(ii) Subsequent plans.--Each of the
last four plans developed under
subparagraph (A) shall be completed not
later than 30 days before each of the
fiscal years 2010 through 2013,
respectively.
(2) Coordination.--In order to avoid duplication and
maximize efficiency, the Inspectors General described
in paragraph (1) shall coordinate their activities
with--
(A) the Government Accountability Office; and
(B) the Inspectors General of the Department
of Commerce, the Department of Defense, the
Department of Labor, and the Peace Corps, as
appropriate, pursuant to the 2004 Memorandum of
Agreement Coordinating Audit Coverage of
Programs and Activities Implementing the
President's Emergency Plan for AIDS Relief, or
any successor agreement.
(3) Funding.--The Global AIDS Coordinator and the
Coordinator of the United States Government Activities
to Combat Malaria Globally shall make available
necessary funds not exceeding $15,000,000 during the 5-
year period beginning on October 1, 2008 to the
Inspectors General described in paragraph (1) for the
audits, inspections, and reviews described in that
paragraph.
(g) \19\ Annual Study.--
---------------------------------------------------------------------------
\19\ Sec. 101(e) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2933) added subsecs. (g) and (h).
---------------------------------------------------------------------------
(1) In general.--Not later than September 30, 2009,
and annually thereafter through September 30, 2013, the
Global AIDS Coordinator shall complete a study of
treatment providers that--
(A) represents a range of countries and
service environments;
(B) estimates the per-patient cost of
antiretroviral HIV/AIDS treatment and the care
of people with HIV/AIDS not receiving
antiretroviral treatment, including a
comparison of the costs for equivalent services
provided by programs not receiving assistance
under this Act;
(C) estimates per-patient costs across the
program and in specific categories of service
providers, including--
(i) urban and rural providers;
(ii) country-specific providers; and
(iii) other subcategories, as
appropriate.
(2) Publication.--Not later than 90 days after the
completion of each study under paragraph (1), the
Global AIDS Coordinator shall make the results of such
study available on a publicly accessible Web site.
(h) \19\ Message.--The Global AIDS Coordinator shall
develop a message, to be prominently displayed by each program
receiving funds under this Act, that--
(1) demonstrates that the program is a commitment by
citizens of the United States to the global fight
against HIV/AIDS, tuberculosis, and malaria; and
(2) enhances awareness by program recipients that the
program is an effort on behalf of the citizens of the
United States.
SEC. 102.\20\ HIV/AIDS RESPONSE COORDINATOR.
(a) Establishment of Position.--Section 1 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 265(a)) is
amended--\21\
---------------------------------------------------------------------------
\20\ 22 U.S.C. 7612.
\21\ For the State Department Basic Authorities Act of 1956, see
Legislation on Foreign Relations Through 2008, vol. II-A.
---------------------------------------------------------------------------
(1) by redesignating subsection (f) as subsection
(g); and
(2) by inserting after subsection (e) the following:
``(f) HIV/AIDS Response Coordinator.--
``(1) In general.--There shall be established within
the Department of State in the immediate office of the
Secretary of State a Coordinator of United States
Government Activities to Combat HIV/AIDS Globally, who
shall be appointed by the President, by and with the
advice and consent of the Senate. The Coordinator shall
report directly to the Secretary.
``(2) Authorities and duties; definitions.--
``(A) Authorities.--The Coordinator, acting
through such nongovernmental organizations
(including faith-based and community-based
organizations) and relevant executive branch
agencies as may be necessary and appropriate to
effect the purposes of this section, is
authorized--
``(i) to operate internationally to
carry out prevention, care, treatment,
support, capacity development, and
other activities for combatting HIV/
AIDS;
``(ii) to transfer and allocate funds
to relevant executive branch agencies;
and
``(iii) to provide grants to, and
enter into contracts with,
nongovernmental organizations
(including faith-based and community-
based organizations) to carry out the
purposes of section.
``(B) Duties.--
``(i) In general.--The Coordinator
shall have primary responsibility for
the oversight and coordination of all
resources and international activities
of the United States Government to
combat the HIV/AIDS pandemic, including
all programs, projects, and activities
of the United States Government
relating to the HIV/AIDS pandemic under
the United States Leadership Against
HIV/AIDS, Tuberculosis, and Malaria Act
of 2003 or any amendment made by that
Act.
``(ii) Specific duties.--The duties
of the Coordinator shall specifically
include the following:
``(I) Ensuring program and
policy coordination among the
relevant executive branch
agencies and nongovernmental
organizations, including
auditing, monitoring, and
evaluation of all such
programs.
``(II) Ensuring that each
relevant executive branch
agency undertakes programs
primarily in those areas where
the agency has the greatest
expertise, technical
capabilities, and potential for
success.
``(III) Avoiding duplication
of effort.
``(IV) Ensuring coordination
of relevant executive branch
agency activities in the field.
``(V) Pursuing coordination
with other countries and
international organizations.
``(VI) Resolving policy,
program, and funding disputes
among the relevant executive
branch agencies.
``(VII) Directly approving
all activities of the United
States (including funding)
relating to combatting HIV/AIDS
in each of Botswana, Cote
d'Ivoire, Ethiopia, Guyana,
Haiti, Kenya, Mozambique,
Namibia, Nigeria, Rwanda, South
Africa, Tanzania, Uganda,
Zambia, and other countries
designated by the President,
which other designated
countries may include those
countries in which the United
States is implementing HIV/AIDS
programs as of the date of the
enactment of the United States
Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act
of 2003.
``(VIII) Establishing due
diligence criteria for all
recipients of funds section and
all activities subject to the
coordination and appropriate
monitoring, evaluation, and
audits carried out by the
Coordinator necessary to assess
the measurable outcomes of such
activities.
``(C) Definitions.--In this paragraph:
``(i) AIDS.--The term `AIDS' means
acquired immune deficiency syndrome.
``(ii) HIV.--The term `HIV' means the
human immunodeficiency virus, the
pathogen that causes AIDS.
``(iii) HIV/AIDS.--The term `HIV/
AIDS' means, with respect to an
individual, an individual who is
infected with HIV or living with AIDS.
``(iv) Relevant executive branch
agencies.--The term `relevant executive
branch agencies' means the Department
of State, the United States Agency for
International Development, the
Department of Health and Human Services
(including the Public Health Service),
and any other department or agency of
the United States that participates in
international HIV/AIDS activities
pursuant to the authorities of such
department or agency or this Act.''.
(b) Resources.--Not later than 90 days after the date of
enactment of this Act, the President shall specify the
necessary financial and personnel resources, from funds
appropriated pursuant to the authorization of appropriations
under section 401 for HIV/AIDS assistance, that shall be
assigned to and under the direct control of the Coordinator of
United States Government Activities to Combat HIV/AIDS Globally
to establish and maintain the duties and supporting activities
assigned to the Coordinator by this Act and the amendments made
by this Act.
(c) Establishment of Separate Account.--There is
established in the general fund of the Treasury a separate
account which shall be known as the ``Activities to Combat HIV/
AIDS Globally Fund'' and which shall be administered by the
Coordinator of United States Government Activities to Combat
HIV/AIDS Globally. There shall be deposited into the Fund all
amounts appropriated pursuant to the authorization of
appropriations under section 401 for HIV/AIDS assistance,
except for amounts appropriated for United States contributions
to the Global Fund.
(d) \22\ Sense of Congress.--It is the sense of Congress
that--
---------------------------------------------------------------------------
\22\ Sec. 103 of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2935) added subsec. (d).
---------------------------------------------------------------------------
(1) full-time country level coordinators, preferably
with management experience, should head each HIV/AIDS
country team for United States missions overseeing
significant HIV/AIDS programs;
(2) foreign service nationals provide critically
important services in the design and implementation of
United States country-level HIV/AIDS programs and their
skills and experience as public health professionals
should be recognized within hiring and compensation
practices; and
(3) staffing levels for United States country-level
HIV/AIDS teams should be adequately maintained to
fulfill oversight and other obligations of the
positions.
TITLE II--SUPPORT FOR MULTILATERAL FUNDS, PROGRAMS, AND PUBLIC-PRIVATE
PARTNERSHIPS
SEC. 201.\23\ SENSE OF CONGRESS ON PUBLIC-PRIVATE PARTNERSHIPS.
(a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
\23\ 22 U.S.C. 7621.
---------------------------------------------------------------------------
(1) Innovative partnerships between governments and
organizations in the private sector (including
foundations, universities, corporations, faith-based
and community-based organizations, and other
nongovernmental organizations) have proliferated in
recent years, particularly in the area of health.
(2) Public-private sector partnerships multiply local
and international capacities to strengthen the delivery
of health services in developing countries and to
accelerate research for vaccines and other
pharmaceutical products that are essential to combat
infectious diseases decimating the populations of these
countries.
(3) These partnerships maximize the unique
capabilities of each sector while combining financial
and other resources, scientific knowledge, and
expertise toward common goals which neither the public
nor the private sector can achieve alone.
(4) Sustaining existing public-private partnerships
and building new ones are critical to the success of
the international community's efforts to combat HIV/
AIDS and other infectious diseases around the globe.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the sustainment and promotion of public-private
partnerships should be a priority element of the
strategy pursued by the United States to combat the
HIV/AIDS pandemic and other global health crises; and
(2) the United States should systematically track the
evolution of these partnerships and work with others in
the public and private sector to profile and build upon
those models that are most effective.
SEC. 202.\24\ PARTICIPATION IN THE GLOBAL FUND TO FIGHT AIDS,
TUBERCULOSIS AND MALARIA.
(a) \25\ Findings; Sense of Congress.--
---------------------------------------------------------------------------
\24\ 22 U.S.C. 7622.
\25\ Sec. 202(a) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2936) amended and restated subsec. (a).
It previously read as follows:
``(a) Findings.--The Congress finds as follows:
---------------------------------------------------------------------------
``(1) The establishment of the Global Fund in January 2002 is consistent
with the general principles for an international AIDS trust fund first
outlined by the Congress in the Global AIDS and Tuberculosis Relief Act of
2000 (Public Law 106-264).
``(2) Section 2, Article 5 of the bylaws of the Global Fund provides for
the International Bank for Reconstruction and Development to serve as the
initial collection trustee for the Global Fund.
``(3) The trustee agreement signed between the Global Fund and the
International Bank for Reconstruction and Development narrows the range of
duties to include receiving and investing funds from donors, disbursing the
funds upon the instruction of the Global Fund, reporting on trust fund
resources to donors and the Global Fund, and providing an annual external
audit report to the Global Fund.''.
(1) Findings.--Congress makes the following findings:
(A) The establishment of the Global Fund in
January 2002 is consistent with the general
principles for an international AIDS trust fund
first outlined by Congress in the Global AIDS
and Tuberculosis Relief Act of 2000 (Public Law
106-264).
(B) The Global Fund is an innovative
financing mechanism which--
(i) has made progress in many areas
in combating HIV/AIDS, tuberculosis,
and malaria; and
(ii) represents the multilateral
component of this Act, extending United
States efforts to more than 130
countries around the world.
(C) The Global Fund and United States
bilateral assistance programs--
(i) are demonstrating increasingly
effective coordination, with each
possessing certain comparative
advantages in the fight against HIV/
AIDS, tuberculosis, and malaria; and
(ii) often work most effectively in
concert with each other.
(D) The United States Government--
(i) is the largest supporter of the
Global Fund in terms of resources and
technical support;
(ii) made the founding contribution
to the Global Fund; and
(iii) is fully committed to the
success of the Global Fund as a
multilateral public-private
partnership.
(2) Sense of congress.--It is the sense of Congress
that--
(A) transparency and accountability are
crucial to the long-term success and viability
of the Global Fund;
(B) the Global Fund has made significant
progress toward addressing concerns raised by
the Government Accountability Office by--
(i) improving risk assessment and
risk management capabilities;
(ii) providing clearer guidance for
and oversight of Local Fund Agents; and
(iii) strengthening the Office of the
Inspector General for the Global Fund;
(C) the provision of sufficient resources and
authority to the Office of the Inspector
General for the Global Fund to ensure that
office has the staff and independence necessary
to carry out its mandate will be a measure of
the commitment of the Global Fund to
transparency and accountability;
(D) regular, publicly published financial,
programmatic, and reporting audits of the Fund,
its grantees, and Local Fund Agents are also
important benchmarks of transparency;
(E) the Global Fund should establish and
maintain a system to track--
(i) the amount of funds disbursed to
each subrecipient on the grant's fiscal
cycle; and
(ii) the distribution of resources,
by grant and principal recipient, for
prevention, care, treatment, drug and
commodity purchases, and other
purposes;
(F) relevant national authorities in
recipient countries should exempt from duties
and taxes all products financed by Global Fund
grants and procured by any principal recipient
or subrecipient for the purpose of carrying out
such grants;
(G) the Global Fund, UNAIDS, and the Global
AIDS Coordinator should work together to
standardize program indicators wherever
possible;
(H) for purposes of evaluating total amounts
of funds contributed to the Global Fund under
subsection (d)(4)(A)(i), the timetable for
evaluations of contributions from sources other
than the United States should take into account
the fiscal calendars of other major
contributors; and
(I) the Global Fund should not support
activities involving the `Affordable Medicines
Facility-Malaria' or similar entities pending
compelling evidence of success from pilot
programs as evaluated by the Coordinator of
United States Government Activities to Combat
Malaria Globally.
(b) Authority for United States Participation.--
(1) United states participation.--The United States
is hereby authorized to participate in the Global Fund.
(2) Privileges and immunities.--The Global Fund shall
be considered a public international organization for
purposes of section 1 of the International
Organizations Immunities Act (22 U.S.C. 288).
(3) \26\ Statement of policy.--The United States
Government regards the imposition by recipient
countries of taxes or tariffs on goods or services
provided by the Global Fund, which are supported
through public and private donations, including the
substantial contribution of the American people, as
inappropriate and inconsistent with standards of good
governance. The Global AIDS Coordinator or other
representatives of the United States Government shall
work with the Global Fund to dissuade governments from
imposing such duties, tariffs, or taxes.
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\26\ Sec. 202(b) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2938) added para. (3).
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(c) \27\ Reports to Congress.--Not later than 1 year after
the date of the enactment of this Act, and annually thereafter
for the duration of the Global Fund, the President shall submit
to the appropriate congressional committees a report on the
Global Fund, including contributions pledged to, contributions
(including donations from the private sector) received by, and
projects funded by the Global Fund, and the mechanisms
established for transparency and accountability in the grant-
making process.
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\27\ In a memorandum of February 23, 2004 (69 F.R. 9509), the
President delegated authority under secs. 202(c), 305 and 313 to the
Secretary of State. The President, further, delegated the authority
under sec. 101 to the Secretary of State to establish a comprehensive,
integrated, 5-year strategy to combat global HIV/AIDS and to report to
Congress.
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(d) United States Financial Participation.--
(1) Authorization of appropriations.--In addition to
any other funds authorized to be appropriated for
bilateral or multilateral HIV/AIDS, tuberculosis, or
malaria programs, of the amounts authorized to be
appropriated under section 401, there are authorized to
be appropriated to the President up to $2,000,000,000
for fiscal year 2009,,\28\ and such sums as may be
necessary for each of the fiscal years 2010 through
2013,\29\ for contributions to the Global Fund.
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\28\ Sec. 202(c)(1)(A) of the Lantos/Hyde Reauthorization Act of
2008 (Public Law 110-293; 122 Stat. 2938) struck out ``$1,000,000,000
for the period of fiscal year 2004 beginning on January 1, 2004'' and
inserted in lieu thereof ``$2,000,000,000 for fiscal year 2009,''
(resulting in a double comma).
\29\ Sec. 202(c)(1)(B) of the Lantos/Hyde Reauthorization Act of
2008 (Public Law 110-293; 122 Stat. 2938) struck out ``the fiscal years
2005-2008'' and inserted in lieu thereof ``each of the fiscal years
2010 through 2013''.
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(2) Availability of funds.--Amounts appropriated
under paragraph (1) are authorized to remain available
until expended.
(3) Reprogramming of fiscal year 2001 funds.--Funds
made available for fiscal year 2001 under section 141
of the Global AIDS and Tuberculosis Relief Act of
2000--
(A) are authorized to remain available until
expended; and
(B) shall be transferred to, merged with, and
made available for the same purposes as, funds
made available for fiscal years 2004 through
2008 under paragraph (1).
(4) Limitation.--
(A)(i) At any time during fiscal years 2009
through 2013,\30\ no United States contribution
to the Global Fund may cause the total amount
of United States Government contributions to
the Global Fund to exceed 33 percent of the
total amount of funds contributed to the Global
Fund from all sources. Contributions to the
Global Fund from the International Bank for
Reconstruction and Development and the
International Monetary Fund shall not be
considered in determining compliance with this
paragraph.
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\30\ Sec. 202(c)(2)(A)(i) of the Lantos/Hyde Reauthorization Act of
2008 (Public Law 110-293; 122 Stat. 2938) struck out ``fiscal years
2004 through 2008'' and inserted in lieu thereof ``fiscal years 2009
through 2013''.
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(ii) If, at any time during any of the fiscal
years 2009 through 2013,\31\ the President
determines that the Global Fund has provided
assistance to a country, the government of
which the Secretary of State has determined,
for purposes of section 6(j)(1) of the Export
Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)), has repeatedly provided support
for acts of international terrorism, then the
United States shall withhold from its
contribution for the next fiscal year an amount
equal to the amount expended by the Fund to the
government of each such country. The President
may waive the application of this clause with
respect to assistance for Sudan that is
overseen by the Southern Country Coordinating
Mechanism, including Southern Sudan, Southern
Kordofan, Blue Nile State, and Abyei, if the
President determines that the national interest
or humanitarian reasons justify such a waiver.
The President shall publish each waiver of this
clause in the Federal Register and, not later
than 15 days before the waiver takes effect,
shall consult with the Committee on Foreign
Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives
regarding the proposed waiver.\32\
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\31\ Sec. 202(c)(2)(A)(ii)(I) of the Lantos/Hyde Reauthorization
Act of 2008 (Public Law 110-293; 122 Stat. 2938) struck out ``during
any of the fiscal years 2004 through 2008'' and inserted in lieu
thereof ``during any of the fiscal years 2009 through 2013''.
\32\ Sec. 202(c)(2)(A)(ii)(II) of the Lantos/Hyde Reauthorization
Act of 2008 (Public Law 110-293; 122 Stat. 2938) added the last two
sentences to clause (ii).
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(iii) If at any time the President determines
that the expenses of the Governing,
Administrative, and Advisory Bodies (including
the Partnership Forum, the Foundation Board,
the Secretariat, and the Technical Review
Board) of the Global Fund exceed 10 percent of
the total expenditures of the Fund for any 2-
year period, the United States shall withhold
from its contribution for the next fiscal year
an amount equal the to the average annual
amount expended by the Fund for such 2-year
period for the expenses of the Governing,
Administrative, and Advisory Bodies in excess
of 10 percent of the total expenditures of the
Fund.
(iv) The President may waive the application
of clause (iii) if the President determines
that extraordinary circumstances warrant such a
waiver. No waiver under this clause may be for
any period that exceeds 1 year.
(v) If, at any time during any of the fiscal
years 2004 through 2008, the President
determines that the salary of any individual
employed by the Global Fund exceeds the salary
of the Vice President of the United States (as
determined under section 104 of title 3, United
States Code) for that fiscal year, then the
United States shall withhold from its
contribution for the next fiscal year an amount
equal to the aggregate amount by which the
salary of each such individual exceeds the
salary of the Vice President of the United
States.
(vi) \33\ For the purposes \34\ of clause
(i), ``funds contributed to the Global Fund
from all sources'' means funds contributed to
the Global Fund at any time during fiscal years
2009 through 2013 \35\ that are not contributed
to fulfill a commitment made for a fiscal year
before fiscal year 2009.\36\
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\33\ Sec. 595(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2004 (division D of Public Law
108-199; 117 Stat. 209), added clause (vi).
\34\ Sec. 202(c)(2)(A)(iii)(I) of the Lantos/Hyde Reauthorization
Act of 2008 (Public Law 110-293; 122 Stat. 2938) struck out ``for the
purposes'' and inserted in lieu thereof ``For the purposes''.
\35\ Sec. 202(c)(2)(A)(iii)(II) of the Lantos/Hyde Reauthorization
Act of 2008 (Public Law 110-293; 122 Stat. 2939) struck out ``fiscal
years 2004 through 2008'' and inserted in lieu thereof ``fiscal years
2009 through 2013''.
\36\ Sec. 202(c)(2)(A)(iii)(III) of the Lantos/Hyde Reauthorization
Act of 2008 (Public Law 110-293; 122 Stat. 2939) struck out ``prior to
fiscal year 2004'' and inserted in lieu thereof ``before fiscal year
2009''.
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(B)(i) Any amount made available under this
subsection that is withheld by reason of
subparagraph (A)(i) shall be contributed to the
Global Fund as soon as practicable, subject to
subparagraph (A)(i), after additional
contributions to the Global Fund are made from
other sources.
(ii) Any amount made available under this
subsection that is withheld by reason of
subparagraph (A)(iii) shall be transferred to
the Activities to Combat HIV/AIDS Globally Fund
and shall remain available under the same terms
and conditions as funds appropriated pursuant
to the authorization of appropriations under
section 401 for HIV/AIDS assistance.
(iii) Any amount made available under this
subsection that is withheld by reason of clause
(ii) or (iii) of subparagraph (A) is authorized
to be made available to carry out section 104A
of the Foreign Assistance Act of 1961 (as added
by section 301 of this Act). Amounts made
available under the preceding sentence are in
addition to amounts appropriated pursuant to
the authorization of appropriations under
section 401 of this Act for HIV/AIDS
assistance.
(iv) \37\ Notwithstanding clause (i), after
July 31 of each of the fiscal years 2009
through 2013,\38\ any amount made available
under this subsection that is withheld by
reason of subparagraph(A)(i) is authorized to
be made available to carry out sections 104A,
104B, and 104C of the Foreign Assistance Act of
1961 (as added by title III of this Act).
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\37\ Sec. 595(2) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2004 (division D of Public Law
108-199; 117 Stat. 209), added clause (iv).
\38\ Sec. 202(c)(2)(B) of the Lantos/Hyde Reauthorization Act of
2008 (Public Law 110-293; 122 Stat. 2939) struck out ``fiscal years
2004 through 2008'' and inserted in lieu thereof ``fiscal years 2009
through 2013''.
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(C)(i) The President may suspend the
application of subparagraph (A) with respect to
a fiscal year if the President determines that
an international health emergency threatens the
national security interests of the United
States.
(ii) The President shall notify the Committee
on Foreign Affairs \39\ of the House of
Representatives and the Committee on Foreign
Relations of the Senate not less than 5 days
before making a determination under clause (i)
with respect to the application of subparagraph
(A)(i) and shall include in the notification--
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\39\ Sec. 202(c)(2)(C) of the Lantos/Hyde Reauthorization Act of
2008 (Public Law 110-293; 122 Stat. 2939) struck out ``Committee on
International Relations'' and inserted in lieu thereof ``Committee on
Foreign Affairs''.
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(I) a justification as to why
increased United States Government
contributions to the Global Fund is
preferable to increased United States
assistance to combat HIV/AIDS,
tuberculosis, and malaria on a
bilateral basis; and
(II) an explanation as to why other
government donors to the Global Fund
are unable to provide adequate
contributions to the Fund.
(5) \40\ Withholding funds.--Notwithstanding any
other provision of this Act, 20 percent of the amounts
appropriated pursuant to this Act for a contribution to
support the Global Fund for each of the fiscal years
2010 through 2013 shall be withheld from obligation to
the Global Fund until the Secretary of State certifies
to the appropriate congressional committees that the
Global Fund--
---------------------------------------------------------------------------
\40\ Sec. 202(c)(3) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2939) added paras. (5) and (6).
---------------------------------------------------------------------------
(A) has established an evaluation framework
for the performance of Local Fund Agents
(referred to in this paragraph as ``LFAs'');
(B) is undertaking a systematic assessment of
the performance of LFAs;
(C) has adopted, and is implementing, a
policy to publish on a publicly available Web
site--
(i) grant performance reviews;
(ii) all reports of the Inspector
General of the Global Fund, in a manner
that is consistent with the Policy for
Disclosure of Reports of the Inspector
General, approved at the 16th Meeting
of the Board of the Global Fund;
(iii) decision points of the Board of
the Global Fund;
(iv) reports from Board committees to
the Board; and
(v) a regular collection and analysis
of performance data and funding of
grants of the Global Fund, which shall
cover all principal recipients and all
subrecipients;
(D) is maintaining an independent, well-
staffed Office of the Inspector General that--
(i) reports directly to the Board of
the Global Fund; and
(ii) compiles regular, publicly
published audits of financial,
programmatic, and reporting aspects of
the Global Fund, its grantees, and
LFAs;
(E) has established, and is reporting
publicly on, standard indicators for all
program areas;
(F) has established a methodology to track
and is publicly reporting on--
(i) all subrecipients and the amount
of funds disbursed to each subrecipient
on the grant's fiscal cycle; and
(ii) the distribution of resources,
by grant and principal recipient, for
prevention, care, treatment, drugs and
commodities purchase, and other
purposes;
(G) has established a policy on tariffs
imposed by national governments on all goods
and services financed by the Global Fund;
(H) through its Secretariat, has taken
meaningful steps to prevent national
authorities in recipient countries from
imposing taxes or tariffs on goods or services
provided by the Fund;
(I) is maintaining its status as a financing
institution focused on programs directly
related to HIV/AIDS, malaria, and tuberculosis;
(J) is maintaining and making progress on--
(i) sustaining its multisectoral
approach, through country coordinating
mechanisms; and
(ii) the implementation of grants, as
reflected in the proportion of
resources allocated to different
sectors, including governments, civil
society, and faith- and community-based
organizations; and
(K) has established procedures providing
access by the Office of Inspector General of
the Department of State and Broadcasting Board
of Governors, as cognizant Inspector General,
and the Inspector General of the Health and
Human Services and the Inspector General of the
United States Agency for International
Development, to Global Fund financial data, and
other information relevant to United States
contributions (as determined by the Inspector
General in consultation with the Global AIDS
Coordinator).
(6) \40\ Summaries of board decisions and united
states positions.--Following each meeting of the Board
of the Global Fund, the Coordinator of United States
Government Activities to Combat HIV/AIDS Globally shall
report on the public website of the Coordinator a
summary of Board decisions and how the United States
Government voted and its positions on such decisions.
(e) Interagency Technical Review Panel.--
(1) Establishment.--The Coordinator of United States
Government Activities to Combat HIV/AIDS Globally,
established in section 1(f)(1) of the State Department
Basic Authorities Act of 1956 (as added by section
102(a) of this Act), shall establish in the executive
branch an interagency technical review panel.
(2) Duties.--The interagency technical review panel
shall serve as a ``shadow'' panel to the Global Fund
by--
(A) periodically reviewing all proposals
received by the Global Fund; and
(B) providing guidance to the United States
persons who are representatives on the panels,
committees, and boards of the Global Fund, on
the technical efficacy, suitability, and
appropriateness of the proposals, and ensuring
that such persons are fully informed of
technical inadequacies or other aspects of the
proposals that are inconsistent with the
purposes of this or any other Act relating to
the provision of foreign assistance in the area
of AIDS.
(3) Membership.--The interagency technical review
panel shall consist of qualified medical and
development experts who are officers or employees of
the Department of Health and Human Services, the
Department of State, and the United States Agency for
International Development.
(4) Chair.--The Coordinator referred to in paragraph
(1) shall chair the interagency technical review panel.
(f) Monitoring by Comptroller General.--
(1) Monitoring.--The Comptroller General shall
monitor and evaluate projects funded by the Global
Fund.
(2) Report.--The Comptroller General shall on a
biennial basis shall prepare and submit to the
appropriate congressional committees a report that
contains the results of the monitoring and evaluation
described in paragraph (1) for the preceding 2-year
period.
(g) Provision of Information to Congress.--The Coordinator
of United States Government Activities to Combat HIV/AIDS
Globally shall make available to the Congress the following
documents within 30 days of a request by the Congress for such
documents:
(1) All financial and accounting statements for the
Global Fund and the Activities to Combat HIV/AIDS
Globally Fund, including administrative and grantee
statements.
(2) Reports provided to the Global Fund and the
Activities to Combat HIV/AIDS Globally Fund by
organizations contracted to audit recipients of funds.
(3) Project proposals submitted by applicants for
funding from the Global Fund and the Activities to
Combat HIV/AIDS Globally Fund, but which were not
funded.
(4) Progress reports submitted to the Global Fund and
the Activities to Combat HIV/AIDS Globally Fund by
grantees.
(h) Sense of the Congress Regarding Encouragement of
Private Contributions to the Global Fund.--It is the sense of
the Congress that the President should--
(1) conduct an outreach campaign that is designed
to--
(A) inform the public of the existence of--
(i) the Global Fund; and
(ii) any entity that will accept
private contributions intended for use
by the Global Fund; and
(B) encourage private contributions to the
Global Fund; and
(2) encourage private contributions intended for use
by the Global Fund by--
(A) establishing and operating an Internet
website, and publishing information about the
website; and
(B) making public service announcements on
radio and television.
SEC. 203. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL VACCINE FUNDS.
(a) Vaccine Fund.--Section 302(k) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2222(k)) is amended--* * *
SEC. 204.\41\ COMBATING HIV/AIDS, TUBERCULOSIS, AND MALARIA BY
STRENGTHENING HEALTH POLICIES AND HEALTH SYSTEMS OF
PARTNER COUNTRIES.
(a) Statement of Policy.--It shall be the policy of the
United States Government--
---------------------------------------------------------------------------
\41\ 22 U.S.C. 7623. Added by sec. 204(a) of the Lantos/Hyde
Reauthorization Act of 2008 (Public Law 110-293; 122 Stat. 2942).
---------------------------------------------------------------------------
(1) to invest appropriate resources authorized under
this Act--
(A) to carry out activities to strengthen
HIV/AIDS, tuberculosis, and malaria health
policies and health systems; and
(B) to provide workforce training and
capacity-building consistent with the goals and
objectives of this Act; and
(2) to support the development of a sound policy
environment in partner countries to increase the
ability of such countries--
(A) to maximize utilization of health care
resources from donor countries;
(B) to increase national investments in
health and education and maximize the
effectiveness of such investments;
(C) to improve national HIV/AIDS,
tuberculosis, and malaria strategies;
(D) to deliver evidence-based services in an
effective and efficient manner; and
(E) to reduce barriers that prevent
recipients of services from achieving maximum
benefit from such services.
(b) Assistance To Improve Public Finance Management
Systems.--
(1) In general.--Consistent with the authority under
section 129 of the Foreign Assistance Act of 1961 (22
U.S.C. 2152), the Secretary of the Treasury, acting
through the head of the Office of Technical Assistance,
is authorized to provide assistance for advisors and
partner country finance, health, and other relevant
ministries to improve the effectiveness of public
finance management systems in partner countries to
enable such countries to receive funding to carry out
programs to combat HIV/AIDS, tuberculosis, and malaria
and to manage such programs.
(2) Authorization of appropriations.--Of the amounts
authorized to be appropriated under section 401 for
HIV/AIDS assistance, there are authorized to be
appropriated to the Secretary of the Treasury such sums
as may be necessary for each of the fiscal years 2009
through 2013 to carry out this subsection.
(c) Plan Required.--The Global AIDS Coordinator, in
collaboration with the Administrator of the United States
Agency for International Development (USAID), shall develop and
implement a plan to combat HIV/AIDS by strengthening health
policies and health systems of partner countries as part of
USAID's ``Health Systems 2020'' project. Recognizing that human
and institutional capacity form the core of any health care
system that can sustain the fight against HIV/AIDS,
tuberculosis, and malaria, the plan shall include a strategy to
encourage postsecondary educational institutions in partner
countries, particularly in Africa, in collaboration with United
States postsecondary educational institutions, including
historically black colleges and universities, to develop such
human and institutional capacity and in the process further
build their capacity to sustain the fight against these
diseases.
TITLE III--BILATERAL EFFORTS
Subtitle A--General Assistance and Programs
SEC. 301.\42\ ASSISTANCE TO COMBAT HIV/AIDS.
(a) Amendment of the Foreign Assistance Act of 1961.--
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) is amended--
---------------------------------------------------------------------------
\42\ 22 U.S.C. 7631.
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(1) in section 104(c) (22 U.S.C. 2151b(c)), by
striking paragraphs (4) through (7); and
(2) by inserting after section 104 the following new
section:
``SEC. 104A. ASSISTANCE TO COMBAT HIV/AIDS. * * *''
(b) Authorization of Appropriations.--
(1) In general.--In addition to funds available under
section 104(c) of the Foreign Assistance Act of 1961
(22 U.S.C. 2151b(c)) for such purpose or under any
other provision of that Act, there are authorized to be
appropriated to the President, from amounts authorized
to be appropriated under section 401, such sums as may
be necessary for each of the fiscal years 2009 through
2013 \43\ to carry out section 104A of the Foreign
Assistance Act of 1961, as added by subsection (a).
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\43\ Sec. 301(f)(1) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2956) struck out ``fiscal years 2004
through 2008'' and inserted in lieu thereof ``fiscal years 2009 through
2013''.
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(2) Availability of funds.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain
available until expended.
(3) Allocation of funds.--Of the amount authorized to
be appropriated by paragraph (1) for the fiscal years
2009 through 2013,\44\ such sums as may be necessary
are authorized to be appropriated to carry out section
104A(d)(4) of the Foreign Assistance Act of 1961 (as
added by subsection (a)), relating to the procurement
and distribution of HIV/AIDS pharmaceuticals.
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\44\ Sec. 301(f)(2) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2956) struck out ``fiscal years 2004
through 2008'' and inserted in lieu thereof ``fiscal years 2009 through
2013''.
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(c) \45\ Food and Nutritional Support.--
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\45\ Sec. 301(g) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2956) amended and restated subsec. (c).
It previously read as follows:
``(c) Relationship to Assistance Programs to Enhance Nutrition.--In
recognition of the fact that malnutrition may hasten the progression of
HIV to AIDS and may exacerbate the decline among AIDS patients leading
to a shorter life span, the Administrator of the United States Agency
for International Development shall, as appropriate--
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``(1) integrate nutrition programs with HIV/AIDS activities, generally;
``(2) provide, as a component of an anti-retroviral therapy program,
support for food and nutrition to individuals infected with and affected by
HIV/AIDS; and
``(3) provide support for food and nutrition for children affected by
HIV/AIDS and to communities and households caring for children affected by
HIV/AIDS.''.
(1) In general.--As indicated in the report produced
by the Institute of Medicine, entitled ``PEPFAR
Implementation: Progress and Promise'', inadequate
caloric intake has been clearly identified as a
principal reason for failure of clinical response to
antiretroviral therapy. In recognition of the impact of
malnutrition as a clinical health issue for many
persons living with HIV/AIDS that is often associated
with health and economic impacts on these individuals
and their families, the Global AIDS Coordinator and the
Administrator of the United States Agency for
International Development shall--
(A) follow World Health Organization
guidelines for HIV/AIDS food and nutrition
services;
(B) integrate nutrition programs with HIV/
AIDS activities through effective linkages
among the health, agricultural, and livelihood
sectors and establish additional services in
circumstances in which referrals are inadequate
or impossible;
(C) provide, as a component of care and
treatment programs for persons with HIV/AIDS,
food and nutritional support to individuals
infected with, and affected by, HIV/AIDS who
meet established criteria for nutritional
support (including clinically malnourished
children and adults, and pregnant and lactating
women in programs in need of supplemental
support), including--
(i) anthropometric and dietary
assessment;
(ii) counseling; and
(iii) therapeutic and supplementary
feeding;
(D) provide food and nutritional support for
children affected by HIV/AIDS and to
communities and households caring for children
affected by HIV/AIDS; and
(E) in communities where HIV/AIDS and food
insecurity are highly prevalent, support
programs to address these often intersecting
health problems through community-based
assistance programs, with an emphasis on
sustainable approaches.
(2) Authorization of appropriations.--Of the amounts
authorized to be appropriated under section 401, there
are authorized to be appropriated to the President such
sums as may be necessary for each of the fiscal years
2009 through 2013 to carry out this subsection.
(d) \46\ Eligibility for Assistance.--An organization,
including a faith-based organization, that is otherwise
eligible to receive assistance under section 104A of the
Foreign Assistance Act of 1961, under this Act, or under any
amendment made by this Act or by the Tom Lantos and Henry J.
Hyde United States Global Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Reauthorization Act of 2008, for HIV/
AIDS prevention, treatment, or care--
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\46\ Sec. 301(h) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2957) amended and restated subsec. (d).
It previously read as follows:
``(d) Eligibility for Assistance.--An organization that is
otherwise eligible to receive assistance under section 104A of the
Foreign Assistance Act of 1961 (as added by subsection (a)) or under
any other provision of this Act (or any amendment made by this Act) to
prevent, treat, or monitor HIV/AIDS shall not be required, as a
condition of receiving the assistance, to endorse or utilize a
multisectoral approach to combatting HIV/AIDS, or to endorse, utilize,
or participate in a prevention method or treatment program to which the
organization has a religious or moral objection.''.
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(1) shall not be required, as a condition of
receiving such assistance--
(A) to endorse or utilize a multisectoral or
comprehensive approach to combating HIV/AIDS;
or
(B) to endorse, utilize, make a referral to,
become integrated with, or otherwise
participate in any program or activity to which
the organization has a religious or moral
objection; and
(2) shall not be discriminated against in the
solicitation or issuance of grants, contracts, or
cooperative agreements under such provisions of law for
refusing to meet any requirement described in paragraph
(1).
(e) Limitation.--No funds made available to carry out this
Act, or any amendment made by this Act, may be used to promote
or advocate the legalization or practice of prostitution or sex
trafficking. Nothing in the preceding sentence shall be
construed to preclude the provision to individuals of
palliative care, treatment, or post-exposure pharmaceutical
prophylaxis, and necessary pharmaceuticals and commodities,
including test kits, condoms, and, when proven effective,
microbicides.
(f) Limitation.--No funds made available to carry out this
Act, or any amendment made by this Act, may be used to provide
assistance to any group or organization that does not have a
policy explicitly opposing prostitution and sex trafficking,
except that this subsection shall not apply to the Global Fund
to Fight AIDS, Tuberculosis and Malaria, the World Health
Organization, the International AIDS Vaccine Initiative or to
any United Nations agency.\47\
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\47\ Sec. 595(3) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2004 (division D of Public Law
108-199; 117 Stat. 209), added ``, except that this subsection shall
not apply to the Global Fund to Fight AIDS, Tuberculosis and Malaria,
the World Health Organization, the International AIDS Vaccine
Initiative or to any United Nations agency''.
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(g) Sense of Congress Relating to Food Assistance for
Individuals Living with HIV/AIDS.--
(1) Findings.--Congress finds the following:
(A) The United States provides more than 60
percent of all food assistance worldwide.
(B) According to the United Nations World
Food Program and other United Nations agencies,
food insecurity of individuals infected or
living with HIV/AIDS is a major problem in
countries with large populations of such
individuals, particularly in African countries.
(C) Although the United States is willing to
provide food assistance to these countries in
need, a few of the countries object to part or
all of the assistance because of fears of
benign genetic modifications to the foods.
(D) Healthy and nutritious foods for
individuals infected or living with HIV/AIDS
are an important complement to HIV/AIDS
medicines for such individuals.
(E) Individuals infected with HIV have higher
nutritional requirements than individuals who
are not infected with HIV, particularly with
respect to the need for protein. Also, there is
evidence to suggest that the full benefit of
therapy to treat HIV/AIDS may not be achieved
in individuals who are malnourished,
particularly in pregnant and lactating women.
(2) Sense of Congress.--It is therefore the sense of
Congress that United States food assistance should be
accepted by countries with large populations of
individuals infected or living with HIV/AIDS,
particularly African countries, in order to help feed
such individuals.
SEC. 302. ASSISTANCE TO COMBAT TUBERCULOSIS.
(a) Amendment of the Foreign Assistance Act of 1961.--
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), as amended by section 301 of this Act, is
further amended by inserting after section 104A the following
new section:
``SEC. 104B. ASSISTANCE TO COMBAT TUBERCULOSIS. * * *''
(b) \48\ Authorization of Appropriations.--
---------------------------------------------------------------------------
\48\ 22 U.S.C. 7632.
---------------------------------------------------------------------------
(1) In general.--In addition to funds available under
section 104(c) of the Foreign Assistance Act of 1961
(22 U.S.C. 2151b(c)) for such purpose or under any
other provision of that Act, there are authorized to be
appropriated to the President, from amounts authorized
to be appropriated under section 401, a total of
$4,000,000,000 for the 5-year period beginning on
October 1, 2008.\49\ to carry out section 104B of the
Foreign Assistance Act of 1961, as added by subsection
(a).
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\49\ Sec. 302(f)(1) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2959) struck out ``such sums as may be
necessary for each of the fiscal years 2004 through 2008'' and inserted
in lieu thereof ``a total of $4,000,000,000 for the 5-year period
beginning on October 1, 2008.'' (resulting in the placement of a period
mid-sentence).
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(2) Availability of funds.--Amounts appropriated
pursuant to the authorization of appropriations under
paragraph (1) are authorized to remain available until
expended.
(3) Transfer of prior year funds.--Unobligated
balances of funds made available for fiscal year 2001,
2002, or 2003 under section 104(c)(7) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b(c)(7) (as in
effect immediately before the date of enactment of this
Act) shall be transferred to, merged with, and made
available for the same purposes as funds made available
for fiscal years 2009 through 2013.\50\ under paragraph
(1).
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\50\ Sec. 302(f)(2) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2959) struck out ``fiscal years 2004
through 2008'' and inserted in lieu thereof ``fiscal years 2009 through
2013.'' (resulting in the placement of a period mid-sentence).
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SEC. 303. ASSISTANCE TO COMBAT MALARIA.
(a) Amendment of the Foreign Assistance Act of 1961.--
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), as amended by sections 301 and 302 of
this Act, is further amended by inserting after section 104B
the following new section:
``SEC. 104C. ASSISTANCE TO COMBAT MALARIA. * * *''
(b) \51\ Authorization of Appropriations.--
---------------------------------------------------------------------------
\51\ 22 U.S.C. 7633.
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(1) In general.--In addition to funds available under
section 104(c) of the Foreign Assistance Act of 1961
(22 U.S.C. 2151b(c)) for such purpose or under any
other provision of that Act, there are authorized to be
appropriated to the President, from amounts authorized
to be appropriated under section 401, $5,000,000,000
during the 5-year period beginning on October 1, 2008
\52\ to carry out section 104C of the Foreign
Assistance Act of 1961, as added by subsection (a),
including for the development of anti-malarial
pharmaceuticals by the Medicines for Malaria Venture.
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\52\ Sec. 303(b)(1)(A) of the Lantos/Hyde Reauthorization Act of
2008 (Public Law 110-293; 122 Stat. 2960) struck out ``such sums as may
be necessary for fiscal years 2004 through 2008'' and inserted in lieu
thereof ``$5,000,000,000 during the 5-year period beginning on October
1, 2008''.
---------------------------------------------------------------------------
(2) Availability of funds.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain
available until expended.
(3) Transfer of prior year funds.--Unobligated
balances of funds made available for fiscal year 2001,
2002, or 2003 under section 104(c) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b(c) (as in
effect immediately before the date of enactment of this
Act) and made available for the control of malaria
shall be transferred to, merged with, and made
available for the same purposes as funds made available
for fiscal years 2009 through 2013 \53\ under paragraph
(1).
---------------------------------------------------------------------------
\53\ Sec. 303(b)(1)(B) of the Lantos/Hyde Reauthorization Act of
2008 (Public Law 110-293; 122 Stat. 2960) struck out ``fiscal years
2004 through 2008'' and inserted in lieu thereof ``fiscal years 2009
through 2013''.
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(c) Conforming Amendment.--Section 104(c) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b(c)), as amended by
section 301 of this Act, is further amended by adding after
paragraph (3) the following: * * *
(c) \54\ Statement of Policy.--Providing assistance for the
prevention, control, treatment, and the ultimate eradication of
malaria is--
---------------------------------------------------------------------------
\54\ Sec. 303(b)(2) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2960) added a second subsec. (c) and a
new subsec. (d).
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(1) a major objective of the foreign assistance
program of the United States; and
(2) 1 component of a comprehensive United States
global health strategy to reduce disease burdens and
strengthen communities around the world.
(d) \54\ Development of a Comprehensive 5-Year Strategy.--
The President shall establish a comprehensive, 5-year strategy
to combat global malaria that--
(1) strengthens the capacity of the United States to
be an effective leader of international efforts to
reduce malaria burden;
(2) maintains sufficient flexibility and remains
responsive to the ever-changing nature of the global
malaria challenge;
(3) includes specific objectives and multisectoral
approaches and strategies to reduce the prevalence,
mortality, incidence, and spread of malaria;
(4) describes how this strategy would contribute to
the United States' overall global health and
development goals;
(5) clearly explains how outlined activities will
interact with other United States Government global
health activities, including the 5-year global AIDS
strategy required under this Act;
(6) expands public-private partnerships and leverage
of resources;
(7) coordinates among relevant Federal agencies to
maximize human and financial resources and to reduce
duplication among these agencies, foreign governments,
and international organizations;
(8) coordinates with other international entities,
including the Global Fund;
(9) maximizes United States capabilities in the areas
of technical assistance and training and research,
including vaccine research; and
(10) establishes priorities and selection criteria
for the distribution of resources based on factors such
as--
(A) the size and demographics of the
population with malaria;
(B) the needs of that population;
(C) the country's existing infrastructure;
and
(D) the ability to closely coordinate United
States Government efforts with national malaria
control plans of partner countries.
SEC. 304.\55\ MALARIA RESPONSE COORDINATOR.
(a) In General.--There is established within the United
States Agency for International Development a Coordinator of
United States Government Activities to Combat Malaria Globally
(referred to in this section as the ``Malaria Coordinator''),
who shall be appointed by the President.
---------------------------------------------------------------------------
\55\ 22 U.S.C. 7634. Sec. 304 of the Lantos/Hyde Reauthorization
Act of 2008 (Public Law 110-293; 122 Stat. 2961) amended and restated
sec. 304. It originally read as follows:
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``sec. 304. pilot program for the placement of health care professionals in
overseas areas severely affected by hiv/aids, tuberculosis, and malaria.
---------------------------------------------------------------------------
``(a) In General.--The President should establish a program to
demonstrate the feasibility of facilitating the service of United
States health care professionals in those areas of sub-Saharan Africa
and other parts of the world severely affected by HIV/AIDS,
tuberculosis, and malaria.
``(b) Requirements.--Participants in the program shall--
---------------------------------------------------------------------------
``(1) provide basic health care services for those infected and affected
by HIV/AIDS, tuberculosis, and malaria in the area in which they are
serving;
``(2) provide on-the-job training to medical and other personnel in the
area in which they are serving to strengthen the basic health care system
of the affected countries;
``(3) provide health care educational training for residents of the area
in which they are serving;
``(4) serve for a period of up to 3 years; and
``(5) meet the eligibility requirements in subsection (d).
---------------------------------------------------------------------------
``(c) Eligibility Requirements.--To be eligible to participate in
the program, a candidate shall--
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``(1) be a national of the United States who is a trained health care
professional and who meets the educational and licensure requirements
necessary to be such a professional such as a physician, nurse, physician
assistant, nurse practitioner, pharmacist, other type of health care
professional, or other individual determined to be appropriate by the
President; or
``(2) be a retired commissioned officer of the Public Health Service
Corps.
---------------------------------------------------------------------------
``(d) Recruitment.--The President shall ensure that information on
the program is widely distributed, including the distribution of
information to schools for health professionals, hospitals, clinics,
and nongovernmental organizations working in the areas of international
health and aid.
``(e) Placement of Participants.--
---------------------------------------------------------------------------
``(1) In general.--To the maximum extent practicable, participants in the
program shall serve in the poorest areas of the affected countries, where
health care needs are likely to be the greatest. The decision on the
placement of a participant should be made in consultation with relevant
officials of the affected country at both the national and local level as
well as with local community leaders and organizations.
``(2) Coordination.--Placement of participants in the program shall be
coordinated with the United States Agency for International Development in
countries in which that Agency is conducting HIV/AIDS, tuberculosis, or
malaria programs. Overall coordination of placement of participants in the
program shall be made by the Coordinator of United States Government
Activities to Combat HIV/AIDS Globally (as described in section 1(f) of the
State Department Basic Authorities Act of 1956 (as added by section 102(a)
of this Act)).
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``(f) Incentives.--The President may offer such incentives as the
President determines to be necessary to encourage individuals to
participate in the program, such as partial payment of principal,
interest, and related expenses on government and commercial loans for
educational expenses relating to professional health training and,
where possible, deferment of repayments on such loans, the provision of
retirement benefits that would otherwise be jeopardized by
participation in the program, and other incentives.
``(g) Report.--Not later than 18 months after the date of enactment
of this Act, the President shall submit to the appropriate
congressional committees a report on steps taken to establish the
program, including--
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``(1) the process of recruitment, including the venues for recruitment,
the number of candidates recruited, the incentives offered, if any, and the
cost of those incentives;
``(2) the process, including the criteria used, for the selection of
participants;
``(3) the number of participants placed, the countries in which they were
placed, and why those countries were selected; and
``(4) the potential for expansion of the program.
---------------------------------------------------------------------------
``(h) Authorization of Appropriations.--
---------------------------------------------------------------------------
``(1) In general.--In addition to amounts otherwise available for such
purpose, there are authorized to be appropriated to the President, from
amounts authorized to be appropriated under section 401, such sums as may
be necessary for each of the fiscal years 2004 through 2008 to carry out
the program.
``(2) Availability of funds.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are authorized to
remain available until expended.''.
(b) Authorities.--The Malaria Coordinator, acting through
nongovernmental organizations (including faith-based and
community-based organizations), partner country finance,
health, and other relevant ministries, and relevant executive
branch agencies as may be necessary and appropriate to carry
out this section, is authorized to--
(1) operate internationally to carry out prevention,
care, treatment, support, capacity development, and
other activities to reduce the prevalence, mortality,
and incidence of malaria;
(2) provide grants to, and enter into contracts and
cooperative agreements with, nongovernmental
organizations (including faith-based organizations) to
carry out this section; and
(3) transfer and allocate executive branch agency
funds that have been appropriated for the purposes
described in paragraphs (1) and (2).
(c) Duties.--
(1) In general.--The Malaria Coordinator has primary
responsibility for the oversight and coordination of
all resources and international activities of the
United States Government relating to efforts to combat
malaria.
(2) Specific duties.--The Malaria Coordinator shall--
(A) facilitate program and policy
coordination of antimalarial efforts among
relevant executive branch agencies and
nongovernmental organizations by auditing,
monitoring, and evaluating such programs;
(B) ensure that each relevant executive
branch agency undertakes antimalarial programs
primarily in those areas in which the agency
has the greatest expertise, technical
capability, and potential for success;
(C) coordinate relevant executive branch
agency activities in the field of malaria
prevention and treatment;
(D) coordinate planning, implementation, and
evaluation with the Global AIDS Coordinator in
countries in which both programs have a
significant presence;
(E) coordinate with national governments,
international agencies, civil society, and the
private sector; and
(F) establish due diligence criteria for all
recipients of funds appropriated by the Federal
Government for malaria assistance.
(d) Assistance for the World Health Organization.--In
carrying out this section, the President may provide financial
assistance to the Roll Back Malaria Partnership of the World
Health Organization to improve the capacity of countries with
high rates of malaria and other affected countries to implement
comprehensive malaria control programs.
(e) Coordination of Assistance Efforts.--In carrying out
this section and in accordance with section 104C of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b-4), the Malaria
Coordinator shall coordinate the provision of assistance by
working with--
(1) relevant executive branch agencies, including--
(A) the Department of State (including the
Office of the Global AIDS Coordinator);
(B) the Department of Health and Human
Services;
(C) the Department of Defense; and
(D) the Office of the United States Trade
Representative;
(2) relevant multilateral institutions, including--
(A) the World Health Organization;
(B) the United Nations Children's Fund;
(C) the United Nations Development Programme;
(D) the Global Fund;
(E) the World Bank; and
(F) the Roll Back Malaria Partnership;
(3) program delivery and efforts to lift barriers
that would impede effective and comprehensive malaria
control programs; and
(4) partner or recipient country governments and
national entities including universities and civil
society organizations (including faith- and community-
based organizations).
(f) Research.--To carry out this section, the Malaria
Coordinator, in accordance with section 104C of the Foreign
Assistance Act of 1961 (22 U.S.C. 1151d-4), shall ensure that
operations and implementation research conducted under this Act
will closely complement the clinical and program research being
undertaken by the National Institutes of Health. The Centers
for Disease Control and Prevention should advise the Malaria
Coordinator on priorities for operations and implementation
research and should be a key implementer of this research.
(g) Monitoring.--To ensure that adequate malaria controls
are established and implemented, the Centers for Disease
Control and Prevention should advise the Malaria Coordinator on
monitoring, surveillance, and evaluation activities and be a
key implementer of such activities under this Act. Such
activities shall complement, rather than duplicate, the work of
the World Health Organization.
(h) Annual Report.--
(1) Submission.--Not later than 1 year after the date
of the enactment of the Tom Lantos and Henry J. Hyde
United States Global Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Reauthorization Act of 2008,
and annually thereafter, the President shall submit a
report to the appropriate congressional committees that
describes United States assistance for the prevention,
treatment, control, and elimination of malaria.
(2) Contents.--The report required under paragraph
(1) shall describe--
(A) the countries and activities to which
malaria resources have been allocated;
(B) the number of people reached through
malaria assistance programs, including data on
children and pregnant women;
(C) research efforts to develop new tools to
combat malaria, including drugs and vaccines;
(D) the collaboration and coordination of
United States antimalarial efforts with the
World Health Organization, the Global Fund, the
World Bank, other donor governments, major
private efforts, and relevant executive
agencies;
(E) the coordination of United States
antimalarial efforts with the national malarial
strategies of other donor or partner
governments and major private initiatives;
(F) the estimated impact of United States
assistance on childhood mortality and morbidity
from malaria;
(G) the coordination of antimalarial efforts
with broader health and development programs;
and
(H) the constraints on implementation of
programs posed by health workforce shortages or
capacities; and
(I) the number of personnel trained as health
workers and the training levels achieved.
SEC. 305.\56\ REPORT ON TREATMENT ACTIVITIES BY RELEVANT EXECUTIVE
BRANCH AGENCIES.
(a) In General.--Not later than 15 months after the date of
enactment of this Act, the President shall submit to
appropriate congressional committees a report on the programs
and activities of the relevant executive branch agencies that
are directed to the treatment of individuals in foreign
countries infected with HIV or living with AIDS.
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\56\ 22 U.S.C. 7635. In a memorandum of February 23, 2004 (69 F.R.
9509), the President delegated authority under secs. 202(c), 305 and
313 to the Secretary of State. The President, further, delegated the
authority under sec. 101 to the Secretary of State to establish a
comprehensive, integrated, 5-year strategy to combat global HIV/AIDS
and to report to Congress.
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(b) Report Elements.--The report shall include--
(1) a description of the activities of relevant
executive branch agencies with respect to--
(A) the treatment of opportunistic
infections;
(B) the use of antiretrovirals;
(C) the status of research into successful
treatment protocols for individuals in the
developing world;
(D) technical assistance and training of
local health care workers (in countries
affected by the pandemic) to administer
antiretrovirals, manage side effects, and
monitor patients' viral loads and immune
status;
(E) the status of strategies to promote
sustainability of HIV/AIDS pharmaceuticals
(including antiretrovirals) and the effects of
drug resistance on HIV/AIDS patients; and
(F) the status of appropriate law enforcement
officials working to ensure that HIV/AIDS
pharmaceutical treatment is not diminished
through illegal counterfeiting and black market
sales of such pharmaceuticals;
(2) information on existing pilot projects, including
a discussion of why a given population was selected,
the number of people treated, the cost of treatment,
the mechanisms established to ensure that treatment is
being administered effectively and safely, and plans
for scaling up pilot projects (including projected
timelines and required resources); and
(3) an explanation of how those activities relate to
efforts to prevent the transmission of the HIV
infection.
SEC. 306. STRATEGIES TO IMPROVE INJECTION SAFETY.
Section 307 of the Public Health Service Act (42 U.S.C.
242l) is amended by adding at the end the following:
``(d) In carrying out immunization programs and other
programs in developing countries for the prevention, treatment,
and control of infectious diseases, including HIV/AIDS,
tuberculosis, and malaria, the Director of the Centers for
Disease Control and Prevention, in coordination with the
Coordinator of United States Government Activities to Combat
HIV/AIDS Globally, the National Institutes of Health, national
and local government, and other organizations, such as the
World Health Organization and the United Nations Children's
Fund, shall develop and implement effective strategies to
improve injection safety, including eliminating unnecessary
injections, promoting sterile injection practices and
technologies, strengthening the procedures for proper needle
and syringe disposal, and improving the education and
information provided to the public and to health
professionals.''.
SEC. 307.\57\ STUDY ON ILLEGAL DIVERSIONS OF PRESCRIPTION DRUGS.
Not later than 180 days after enactment of this Act, the
Secretary of Health and Human Services, in coordination with
other agencies, shall submit a report to the Congress that
includes the following:
---------------------------------------------------------------------------
\57\ 22 U.S.C. 7636.
---------------------------------------------------------------------------
(1) A thorough accounting of evidence indicating
illegal diversion into the United States of
prescription drugs donated or sold for humanitarian
efforts, and an estimate of the extent of such
diversion.
(2) Recommendations to increase the administrative
and enforcement powers of the United States to
identify, monitor, and prevent the illegal diversion
into the United States of prescription drugs donated or
sold for humanitarian efforts.
(3) Recommendations and guidelines to advise and
provide technical assistance to developing countries on
how to implement a program that minimizes diversion
into the United States of prescription drugs donated or
sold for humanitarian efforts.
Subtitle B--Assistance for Women, Children, and Families \58\
SEC. 311.\59\ FINDINGS.
Congress makes the following findings:
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\58\ Sec. 306 of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2963) struck out ``Subtitle B--
Assistance for Children and Families'' and inserted in lieu thereof
``Subtitle B--Assistance for Women, Children, and Families''.
\59\ 22 U.S.C. 7651.
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(1) Approximately 2,000 children around the world are
infected each day with HIV through mother-to-child
transmission. Transmission can occur during pregnancy,
labor, and delivery or through breast feeding. Over 90
percent of these cases are in developing nations with
little or no access to public health facilities.
(2) Mother-to-child transmission is largely
preventable with the proper application of
pharmaceuticals, therapies, and other public health
interventions.
(3) Certain antiretroviral drugs reduce mother-to-
child transmission by nearly 50 percent. Universal
availability of this drug could prevent up to 400,000
infections per year and dramatically reduce the number
of AIDS-related deaths.
(4) At the United Nations Special Session on HIV/AIDS
in June 2001, the United States committed to the
specific goals with respect to the prevention of
mother-to-child transmission, including the goals of
reducing the proportion of infants infected with HIV by
20 percent by the year 2005 and by 50 percent by the
year 2010, as specified in the Declaration of
Commitment on HIV/AIDS adopted by the United Nations
General Assembly at the Special Session.
(5) Several United States Government agencies
including the United States Agency for International
Development and the Centers for Disease Control are
already supporting programs to prevent mother-to-child
transmission in resource-poor nations and have the
capacity to expand these programs rapidly by working
closely with foreign governments and nongovernmental
organizations.
(6) Efforts to prevent mother-to-child transmission
can provide the basis for a broader response that
includes care and treatment of mothers, fathers, and
other family members who are infected with HIV or
living with AIDS.
(7) HIV/AIDS has devastated the lives of countless
children and families across the globe. Since the
epidemic began, an estimated 13,200,000 children under
the age of 15 have been orphaned by AIDS, that is they
have lost their mother or both parents to the disease.
The Joint United Nations Program on HIV/AIDS (UNAIDS)
estimates that this number will double by the year
2010.
(8) HIV/AIDS also targets young people between the
ages of 15 to 24, particularly young women, many of
whom carry the burden of caring for family members
living with HIV/AIDS. An estimated 10,300,000 young
people are now living with HIV/AIDS. One-half of all
new infections are occurring among this age group.
SEC. 312.\60\ POLICY AND REQUIREMENTS.
(a) Policy.--The United States Government's response to the
global HIV/AIDS pandemic should place high priority on the
prevention of mother-to-child transmission, the care and
treatment of family members and caregivers, and the care of
children orphaned by AIDS. To the maximum extent possible, the
United States Government should seek to leverage its funds by
seeking matching contributions from the private sector, other
national governments, and international organizations.
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\60\ 22 U.S.C. 7652.
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(b) \61\ Requirements.--The 5-year United States Government
strategy required by section 101 of this Act shall--
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\61\ Sec. 307 of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2963) struck out paras. (1) through (3),
and inserted in lieu thereof paras. (1) through (6). Former paras. (1)
through (3) read as follows:
``(1) provide for meeting or exceeding the goal to reduce the rate
of mother-to-child transmission of HIV by 20 percent by 2005 and by 50
percent by 2010;
``(2) include programs to make available testing and treatment to
HIV-positive women and their family members, including drug treatment
and therapies to prevent mother-to-child transmission; and
``(3) expand programs designed to care for children orphaned by
AIDS.''.
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(1) establish a target for the prevention and
treatment of mother-to-child transmission of HIV that,
by 2013, will reach at least 80 percent of pregnant
women in those countries most affected by HIV/AIDS in
which the United States has HIV/AIDS programs;
(2) establish a target that, by 2013, the proportion
of children receiving care and treatment under this Act
is proportionate to their numbers within the population
of HIV infected individuals in each country;
(3) integrate care and treatment with prevention of
mother-to-child transmission of HIV programs to improve
outcomes for HIV-affected women and families as soon as
is feasible and support strategies that promote
successful follow-up and continuity of care of mother
and child;
(4) expand programs designed to care for children
orphaned by, affected by, or vulnerable to HIV/AIDS;
(5) ensure that women in prevention of mother-to-
child transmission of HIV programs are provided with,
or referred to, appropriate maternal and child
services; and
(6) develop a timeline for expanding access to more
effective regimes to prevent mother-to-child
transmission of HIV, consistent with the national
policies of countries in which programs are
administered under this Act and the goal of achieving
universal use of such regimes as soon as possible.
(c) \62\ Prevention of Mother-to-Child Transmission Expert
Panel.--
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\62\ Sec. 309 of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2964) added subsec. (c).
---------------------------------------------------------------------------
(1) Establishment.--The Global AIDS Coordinator shall
establish a panel of experts to be known as the
Prevention of Mother-to-Child Transmission Panel
(referred to in this subsection as the ``Panel'') to--
(A) provide an objective review of activities
to prevent mother-to-child transmission of HIV;
and
(B) provide recommendations to the Global
AIDS Coordinator and to the appropriate
congressional committees for scale-up of
mother-to-child transmission prevention
services under this Act in order to achieve the
target established in subsection (b)(1).
(2) Membership.--The Panel shall be convened and
chaired by the Global AIDS Coordinator, who shall serve
as a nonvoting member. The Panel shall consist of not
more than 15 members (excluding the Global AIDS
Coordinator), to be appointed by the Global AIDS
Coordinator not later than 1 year after the date of the
enactment of this Act, including--
(A) 2 members from the Department of Health
and Human Services with expertise relating to
the prevention of mother-to-child transmission
activities;
(B) 2 members from the United States Agency
for International Development with expertise
relating to the prevention of mother-to-child
transmission activities;
(C) 2 representatives from among health
ministers of national governments of foreign
countries in which programs under this Act are
administered;
(D) 3 members representing organizations
implementing prevention of mother-to-child
transmission activities under this Act;
(E) 2 health care researchers with expertise
relating to global HIV/AIDS activities; and
(F) representatives from among patient
advocate groups, health care professionals,
persons living with HIV/AIDS, and non-
governmental organizations with expertise
relating to the prevention of mother-to-child
transmission activities, giving priority to
individuals in foreign countries in which
programs under this Act are administered.
(3) Duties of panel.--The Panel shall--
(A) assess the effectiveness of current
activities in reaching the target described in
subsection (b)(1);
(B) review scientific evidence related to the
provision of mother-to-child transmission
prevention services, including programmatic
data and data from clinical trials;
(C) review and assess ways in which the
Office of the United States Global AIDS
Coordinator collaborates with international and
multilateral entities on efforts to prevent
mother-to-child transmission of HIV in affected
countries;
(D) identify barriers and challenges to
increasing access to mother-to-child
transmission prevention services and evaluate
potential mechanisms to alleviate those
barriers and challenges;
(E) identify the extent to which stigma has
hindered pregnant women from obtaining HIV
counseling and testing or returning for
results, and provide recommendations to address
such stigma and its effects;
(F) identify opportunities to improve
linkages between mother-to-child transmission
prevention services and care and treatment
programs; and
(G) recommend specific activities to
facilitate reaching the target described in
subsection (b)(1).
(4) Report.--
(A) In general.--Not later than 1 year after
the date on which the Panel is first convened,
the Panel shall submit a report containing a
detailed statement of the recommendations,
findings, and conclusions of the Panel to the
appropriate congressional committees.
(B) Availability.--The report submitted under
subparagraph (A) shall be made available to the
public.
(C) Consideration by coordinator.--The
Coordinator shall--
(i) consider any recommendations
contained in the report submitted under
subparagraph (A); and
(ii) include in the annual report
required under section 104A(f) of the
Foreign Assistance Act of 1961 a
description of the activities conducted
in response to the recommendations made
by the Panel and an explanation of any
recommendations not implemented at the
time of the report.
(5) Authorization of appropriations.--There are
authorized to be appropriated to the Panel such sums as
may be necessary for each of the fiscal years 2009
through 2011 to carry out this section.
(6) Termination.--The Panel shall terminate on the
date that is 60 days after the date on which the Panel
submits the report to the appropriate congressional
committees under paragraph (4).
SEC. 313.\63\ ANNUAL REPORTS ON PREVENTION OF MOTHER-TO-CHILD
TRANSMISSION OF THE HIV INFECTION.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter for a period
of 10 years,\64\ the President shall submit to appropriate
congressional committees a report on the activities of relevant
executive branch agencies during the reporting period to assist
in the prevention of mother-to-child transmission of the HIV
infection.
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\63\ 22 U.S.C. 7653. In a memorandum of February 23, 2004 (69 F.R.
9509), the President delegated authority under secs. 202(c), 305 and
313 to the Secretary of State. The President, further, delegated the
authority under sec. 101 to the Secretary of State to establish a
comprehensive, integrated, 5-year strategy to combat global HIV/AIDS
and to report to Congress.
\64\ Sec. 308 of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2964) struck out ``5 years'' and
inserted in lieu thereof ``10 years''.
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(b) Report Elements.--Each report shall include--
(1) a statement of whether or not all relevant
executive branch agencies have met the goal described
in section 312(b)(1); and
(2) a description of efforts made by the relevant
executive branch agencies to expand those activities,
including--
(A) information on the number of sites
supported for the prevention of mother-to-child
transmission of the HIV infection;
(B) the specific activities supported;
(C) the number of women tested and counseled;
and
(D) the number of women receiving
preventative drug therapies.
(c) Reporting Period Defined.--In this section, the term
``reporting period'' means, in the case of the initial report,
the period since the date of enactment of this Act and, in the
case of any subsequent report, the period since the date of
submission of the most recent report.
SEC. 314.\65\ PILOT PROGRAM OF ASSISTANCE FOR CHILDREN AND FAMILIES
AFFECTED BY HIV/AIDS.
(a) In General.--The President, acting through the United
States Agency for International Development, should establish a
program of assistance that would demonstrate the feasibility of
the provision of care and treatment to orphans and other
children and young people affected by HIV/AIDS in foreign
countries.
---------------------------------------------------------------------------
\65\ 22 U.S.C. 7654.
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(b) Program Requirements.--The program should--
(1) build upon and be integrated into programs
administered as of the date of enactment of this Act by
the relevant executive branch agencies for children
affected by HIV/AIDS;
(2) work in conjunction with indigenous community-
based programs and activities, particularly those that
offer proven services for children;
(3) reduce the stigma of HIV/AIDS to encourage
vulnerable children infected with HIV or living with
AIDS and their family members and caregivers to avail
themselves of voluntary counseling and testing, and
related programs, including treatments;
(4) ensure the importance of inheritance rights of
women, particularly women in African countries, due to
the exponential growth in the number of young widows,
orphaned girls, and grandmothers becoming heads of
households as a result of the HIV/AIDS pandemic;
(5) provide, in conjunction with other relevant
executive branch agencies, the range of services for
the care and treatment, including the provision of
antiretrovirals and other necessary pharmaceuticals, of
children, parents, and caregivers infected with HIV or
living with AIDS;
(6) provide nutritional support and food security,
and the improvement of overall family health;
(7) work with parents, caregivers, and community-
based organizations to provide children with
educational opportunities; and
(8) provide appropriate counseling and legal
assistance for the appointment of guardians and the
handling of other issues relating to the protection of
children.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the President should submit a report on
the implementation of this section to the appropriate
congressional committees. Such report should include a
description of activities undertaken to carry out subsection
(b)(4).
(d) Authorization of Appropriations.--
(1) In general.--In addition to amounts otherwise
available for such purpose, there are authorized to be
appropriated to the President, from amounts authorized
to be appropriated under section 401, such sums as may
be necessary for each of the fiscal years 2004 through
2008 to carry out the program. A significant percentage
of the amount appropriated pursuant to the
authorization of appropriations under the preceding
sentence for a fiscal year should be made available to
carry out subsection (b)(4).
(2) Availability of funds.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain
available until expended.
SEC. 315.\66\ PILOT PROGRAM ON FAMILY SURVIVAL PARTNERSHIPS.
(a) Purpose.--The purpose of this section is to authorize
the President to establish a program, through a public-private
partnership, for the provision of medical care and support
services to HIV positive parents and their children identified
through existing programs to prevent mother-to-child
transmission of HIV in countries with or at risk for severe HIV
epidemic with particular attention to resource constrained
countries.
---------------------------------------------------------------------------
\66\ 22 U.S.C. 7655.
---------------------------------------------------------------------------
(b) Grants.--
(1) In general.--The President is authorized to
establish a program for the award of grants to eligible
administrative organizations to enable such
organizations to award subgrants to eligible entities
to expand activities to prevent the mother-to-child
transmission of HIV by providing medical care and
support services to HIV infected parents and their
children.
(2) Use of funds.--Amounts provided under a grant
awarded under paragraph (1) shall be used--
(A) to award subgrants to eligible entities
to enable such entities to carry out activities
described in subsection (c);
(B) for administrative support and subgrant
management;
(C) for administrative data collection and
reporting concerning grant activities;
(D) for the monitoring and evaluation of
grant activities;
(E) for training and technical assistance for
subgrantees; and
(F) to promote sustainability.
(c) Subgrants.--
(1) In general.--An organization awarded a grant
under subsection (b) shall use amounts received under
the grant to award subgrants to eligible entities.
(2) Eligibility.--To be eligible to receive a
subgrant under paragraph (1), an entity shall--
(A) be a local health organization, an
international organization, or a partnership of
such organizations; and
(B) demonstrate to the awarding organization
that such entity--
(i) is currently administering a
proven intervention to prevent mother-
to-child transmission of HIV in
countries with or at risk for severe
HIV epidemic with particular attention
to resource constrained countries, as
determined by the President;
(ii) has demonstrated support for the
proposed program from relevant
government entities; and
(iii) is able to provide HIV care,
including antiretroviral treatment when
medically indicated, to HIV positive
women, men, and children with the
support of the project funding.
(3) Local health and international organizations.--
For purposes of paragraph (2)(A)--
(A) the term ``local health organization''
means a public sector health system,
nongovernmental organization, institution of
higher education, community-based organization,
or nonprofit health system that provides
directly, or has a clear link with a provider
for the indirect provision of, primary health
care services; and
(B) the term ``international organization''
means--
(i) a nonprofit international entity;
(ii) an international charitable
institution;
(iii) a private voluntary
international entity; or
(iv) a multilateral institution.
(4) Priority requirement.--In awarding subgrants
under this subsection, the organization shall give
priority to eligible applicants that are currently
administering a program of proven intervention to HIV
positive individuals to prevent mother-to-child
transmission in countries with or at risk for severe
HIV epidemic with particular attention to resource
constrained countries, and who are currently
administering a program to HIV positive women, men, and
children to provide life-long care in family-centered
care programs using non-Federal funds.
(5) Selection of subgrant recipients.--In awarding
subgrants under this subsection, the organization
should--
(A) consider applicants from a range of
health care settings, program approaches, and
geographic locations; and
(B) if appropriate, award not less than 1
grant to an applicant to fund a national system
of health care delivery to HIV positive
families.
(6) Use of subgrant funds.--An eligible entity
awarded a subgrant under this subsection shall use
subgrant funds to expand activities to prevent mother-
to-child transmission of HIV by providing medical
treatment and care and support services to parents and
their children, which may include--
(A) providing treatment and therapy, when
medically indicated, to HIV-infected women,
their children, and families;
(B) the hiring and training of local
personnel, including physicians, nurses, other
health care providers, counselors, social
workers, outreach personnel, laboratory
technicians, data managers, and administrative
support personnel;
(C) paying laboratory costs, including costs
related to necessary equipment and diagnostic
testing and monitoring (including rapid
testing), complete blood counts, standard
chemistries, and liver function testing for
infants, children, and parents, and costs
related to the purchase of necessary laboratory
equipment;
(D) purchasing pharmaceuticals for HIV-
related conditions, including antiretroviral
therapies;
(E) funding support services, including
adherence and psychosocial support services;
(F) operational support activities; and
(G) conducting community outreach and
capacity building activities, including
activities to raise the awareness of
individuals of the program carried out by the
subgrantee, other communications activities in
support of the program, local advisory board
functions, and transportation necessary to
ensure program participation.
(d) Reports.--The President shall require that each
organization awarded a grant under subsection (b)(1) to submit
an annual report that includes--
(1) the progress of programs funded under this
section;
(2) the benchmarks of success of programs funded
under this section; and
(3) recommendations of how best to proceed with the
programs funded under this section upon the expiration
of funding under subsection (e).
(e) Funding.--There are authorized to be appropriated to
the President, from amounts authorized to be appropriated under
section 401, such sums as may be necessary for each of the
fiscal years 2004 through 2008 to carry out the program.
(f) Limitation on Administrative Expenses.--An organization
shall ensure that not more than 7 percent of the amount of a
grant received under this section by the organization is used
for administrative expenses.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
SEC. 401.\67\ AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the President to carry out this Act and the amendments made by
this Act $48,000,000,000 for the 5-year period beginning on
October 1, 2008.\68\
---------------------------------------------------------------------------
\67\ 22 U.S.C. 7671. Sec. 203(e) of the Lantos/Hyde Reauthorization
Act of 2008 (Public Law 110-293; 122 Stat. 2941) also provided the
following:
---------------------------------------------------------------------------
``sec. 203. research on methods for women to prevent transmission of hiv
and other diseases.
---------------------------------------------------------------------------
* * *
``(e) United States Agency for International Development.--
---------------------------------------------------------------------------
``(1) In general.--The Administrator of the United States Agency for
International Development, in coordination with the Coordinator of United
States Government Activities to Combat HIV/AIDS Globally, may facilitate
availability and accessibility of microbicides, provided that such
pharmaceuticals are approved, tentatively approved, or otherwise authorized
for use by--
``(A) the Food and Drug Administration;
``(B) a stringent regulatory agency acceptable to the Secretary of Health
and Human Services; or
``(C) a quality assurance mechanism acceptable to the Secretary of Health
and Human Services.
``(2) Authorization of appropriations.--Of the amounts authorized to be
appropriated under section 401 of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7671) for HIV/AIDS
assistance, there are authorized to be appropriated to the President such
sums as may be necessary for each of the fiscal years 2009 through 2013 to
carry out this subsection.''.
---------------------------------------------------------------------------
Titles III and VII of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 842, 898), provide the following:
---------------------------------------------------------------------------
``global health and child survival
``(including transfer of funds)
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for global
health activities, in addition to funds otherwise available for such
purposes, $1,955,000,000, to remain available until September 30, 2010,
and which shall be apportioned directly to the United States Agency for
International Development: Provided, That this amount shall be made
available for such activities as: (1) child survival and maternal
health programs; (2) immunization and oral rehydration programs; (3)
other health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related education
programs; (4) assistance for children displaced or orphaned by causes
other than AIDS; (5) programs for the prevention, treatment, control
of, and research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases, and for assistance to communities severely
affected by HIV/AIDS, including children infected or affected by AIDS;
and (6) family planning/reproductive health: Provided further, That
none of the funds appropriated under this paragraph may be made
available for nonproject assistance, except that funds may be made
available for such assistance for ongoing health activities: Provided
further, That of the funds appropriated under this paragraph, not to
exceed $400,000, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of child
survival, maternal and family planning/reproductive health, and
infectious disease programs: Provided further, That of the funds
appropriated under this paragraph, $75,000,000 should be made available
for a United States contribution to The GAVI Fund, and up to $5,000,000
may be transferred to, and merged with, funds appropriated by this Act
under the heading `Operating Expenses' in title II for costs directly
related to global health, but funds made available for such costs may
not be derived from amounts made available for contributions under this
and preceding provisos: Provided further, That none of the funds made
available in this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization or
program which, as determined by the President of the United States,
supports or participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That any
determination made under the previous proviso must be made no later
than 6 months after the date of enactment of this Act, and must be
accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made available
under this Act may be used to pay for the performance of abortion as a
method of family planning or to motivate or coerce any person to
practice abortions: Provided further, That nothing in this paragraph
shall be construed to alter any existing statutory prohibitions against
abortion under section 104 of the Foreign Assistance Act of 1961:
Provided further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided further, That in
order to reduce reliance on abortion in developing nations, funds shall
be available only to voluntary family planning projects which offer,
either directly or through referral to, or information about access to,
a broad range of family planning methods and services, and that any
such voluntary family planning project shall meet the following
requirements: (1) service providers or referral agents in the project
shall not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative
estimates or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes, gratuities, or
financial reward to: (A) an individual in exchange for becoming a
family planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services; (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to
the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the Administrator of the United
States Agency for International Development determines that there has
been a violation of the requirements contained in paragraph (1), (2),
(3), or (5) of this proviso, or a pattern or practice of violations of
the requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations a report
containing a description of such violation and the corrective action
taken by the Agency: Provided further, That in awarding grants for
natural family planning under section 104 of the Foreign Assistance Act
of 1961 no applicant shall be discriminated against because of such
applicant's religious or conscientious commitment to offer only natural
family planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or appropriating
funds for the Department of State, foreign operations, and related
programs, the term `motivate', as it relates to family planning
assistance, shall not be construed to prohibit the provision,
consistent with local law, of information or counseling about all
pregnancy options: Provided further, That information provided about
the use of condoms as part of projects or activities that are funded
from amounts appropriated by this Act shall be medically accurate and
shall include the public health benefits and failure rates of such use.
``In addition, for necessary expenses to carry out the provisions
of the Foreign Assistance Act of 1961 for the prevention, treatment,
and control of, and research on, HIV/AIDS, $5,159,000,000, to remain
available until expended, and which shall be apportioned directly to
the Department of State: Provided, That of the funds appropriated under
this paragraph, not less than $600,000,000 shall be made available,
notwithstanding any other provision of law, except for the United
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of
2003 (Public Law 108-25), as amended, for a United States contribution
to the Global Fund to Fight AIDS, Tuberculosis and Malaria, and shall
be expended at the minimum rate necessary to make timely payment for
projects and activities: Provided further, That up to 5 percent of the
aggregate amount of funds made available to the Global Fund in fiscal
year 2009 may be made available to the United States Agency for
International Development for technical assistance related to the
activities of the Global Fund: Provided further, That of the funds
appropriated under this paragraph, up to $14,000,000 may be made
available, in addition to amounts otherwise available for such
purposes, for administrative expenses of the Office of the Global AIDS
Coordinator.
---------------------------------------------------------------------------
* * * * * * *
``global health activities
---------------------------------------------------------------------------
``Sec. 7060. (a) Funds appropriated by titles III and IV of this
Act that are made available for bilateral assistance for child survival
activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/AIDS may
be made available notwithstanding any other provision of law except for
the provisions under the heading `Global Health and Child Survival' and
the United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as
amended: Provided, That of the funds appropriated under title III of
this Act, not less than $545,000,000 should be made available for
family planning/reproductive health.
``(b) Notwithstanding any other provision of this Act, 10 percent
of the funds that are appropriated by this Act for a contribution to
support the Global Fund to Fight AIDS, Tuberculosis and Malaria (the
`Global Fund') shall be withheld from obligation to the Global Fund
until the Secretary of State reports to the Committees on
Appropriations that the Global Fund--
---------------------------------------------------------------------------
``(1) is releasing incremental disbursements only if grantees demonstrate
progress against clearly defined performance indicators; and
``(2) is implementing a reporting system that breaks down grantee budget
allocations by programmatic activity.''.
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See also in that Act, sec. 7030--International Financial
Institutions (123 Stat. 874); and sec. 7079--United Nations Population
Fund (123 Stat. 909).
\68\ Sec. 401(a) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2966) struck out ``$3,000,000,000 for
each of the fiscal years 2004 through 2008'' and inserted in lieu
thereof ``$48,000,000,000 for the 5-year period beginning on October 1,
2008''; and sec. 401(b) of that Act provided the following:
``(b) Sense of Congress.--It is the sense of the Congress that the
appropriations authorized under section 401(a) of the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, as
amended by subsection (a), should be allocated among fiscal years 2009
through 2013 in a manner that allows for the appropriations to be
gradually increased in a manner that is consistent with program
requirements, absorptive capacity, and priorities set forth in such
Act, as amended by this Act.''.
Title XI of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1892), provides the following:
---------------------------------------------------------------------------
``global health and child survival
---------------------------------------------------------------------------
``For an additional amount for `Global Health and Child Survival',
$150,000,000, to remain available until September 30, 2010: Provided,
That $50,000,000 shall be made available for pandemic preparedness and
response: Provided further, That $100,000,000 shall be made available,
notwithstanding any other provision of law, except for the United
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of
2003 (Public Law 108-25), for a United States contribution to the
Global Fund to Fight AIDS, Tuberculosis and Malaria: Provided further,
That notwithstanding any other provision of law, to include minimum
funding requirements or funding directives, if the President determines
and reports to the Committees on Appropriations that the human-to-human
transmission of the H1N1 virus is efficient and sustained, severe, and
is spreading internationally, funds made available under the headings
`Global Health and Child Survival', `Development Assistance', `Economic
Support Fund', and `Millennium Challenge Corporation' in prior Acts
making appropriations for the Department of State, foreign operations,
and related programs may be made available to combat the H1N1 virus:
Provided further, That funds made available pursuant to the authority
of the previous proviso shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.''.
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(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) are
authorized to remain available until expended.
(c) Availability of Authorizations.--Authorizations of
appropriations under subsection (a) shall remain available
until the appropriations are made.
SEC. 402.\69\ SENSE OF CONGRESS.
(a) Increase in HIV/AIDS Antiretroviral Treatment.--It is a
sense of the Congress that an urgent priority of United States
assistance programs to fight HIV/AIDS should be the rapid
increase in distribution of antiretroviral treatment so that--
---------------------------------------------------------------------------
\69\ 22 U.S.C. 7672.
---------------------------------------------------------------------------
(1) by the end of fiscal year 2004, at least 500,000
individuals with HIV/AIDS are receiving antiretroviral
treatment through United States assistance programs;
(2) by the end of fiscal year 2005, at least
1,000,000 such individuals are receiving such
treatment; and
(3) by the end of fiscal year 2006, at least
2,000,000 such individuals are receiving such
treatment.
(b) \70\ Effective Distribution of HIV/AIDS Funds.--It is
the sense of Congress that, of the amounts appropriated
pursuant to the authorization of appropriations under section
401 for HIV/AIDS assistance, 10 percent should be used for
orphans and vulnerable children.
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\70\ Sec. 402 of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2966) struck out ``an effective
distribution of such amounts would be--'' and all that follows through
the succeeding paras. to, but not including, ``for orphans and
vulnerable children.'', and inserted in lieu thereof ``10 percent
should be used''. The subsection previously read as follows:
``(b) Effective Distribution of HIV/AIDS Funds.--It is the sense of
Congress that, of the amounts appropriated pursuant to the
authorization of appropriations under section 401 for HIV/AIDS
assistance, an effective distribution of such amounts would be
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``(1) 55 percent of such amounts for treatment of individuals with HIV/
AIDS;
``(2) 15 percent of such amounts for palliative care of individuals with
HIV/AIDS;
``(3) 20 percent of such amounts for HIV/AIDS prevention consistent with
section 104A(d) of the Foreign Assistance Act of 1961 (as added by section
301 of this Act), of which such amount at least 33 percent should be
expended for abstinence-until-marriage programs; and
``(4) 10 percent of such amounts for orphans and vulnerable children.''.
SEC. 403.\71\ ALLOCATION OF FUNDS.
(a) \72\ Balanced Funding Requirement.--
---------------------------------------------------------------------------
\71\ 22 U.S.C. 7673.
\72\ Sec. 403(1) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2966) amended and restated subsec. (a),
which previously read as follows:
``(a) Therapeutic Medical Care.--For fiscal years 2006 through
2008, not less than 55 percent of the amounts appropriated pursuant to
the authorization of appropriations under section 401 for HIV/AIDS
assistance for each such fiscal year shall be expended for therapeutic
medical care of individuals infected with HIV, of which such amount at
least 75 percent should be expended for the purchase and distribution
of antiretroviral pharmaceuticals and at least 25 percent should be
expended for related care. For fiscal years 2006 through 2008, not less
than 33 percent of the amounts appropriated pursuant to the
authorization of appropriations under section 401 for HIV/AIDS
prevention consistent with section 104A(d) of the Foreign Assistance
Act of 1961 (as added by section 301 of this Act) for each such fiscal
year shall be expended for abstinence-until-marriage programs.''.
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(1) In general.--The Global AIDS Coordinator shall--
(A) provide balanced funding for prevention
activities for sexual transmission of HIV/AIDS;
and
(B) ensure that activities promoting
abstinence, delay of sexual debut, monogamy,
fidelity, and partner reduction are implemented
and funded in a meaningful and equitable way in
the strategy for each host country based on
objective epidemiological evidence as to the
source of infections and in consultation with
the government of each host county involved in
HIV/AIDS prevention activities.
(2) Prevention strategy.--
(A) Establishment.--In carrying out paragraph
(1), the Global AIDS Coordinator shall
establish an HIV sexual transmission prevention
strategy governing the expenditure of funds
authorized under this Act to prevent the sexual
transmission of HIV in any host country with a
generalized epidemic.
(B) Report.--In each host country described
in subparagraph (A), if the strategy
established under subparagraph (A) provides
less than 50 percent of the funds described in
subparagraph (A) for activities promoting
abstinence, delay of sexual debut, monogamy,
fidelity, and partner reduction, the Global
AIDS Coordinator shall, not later than 30 days
after the issuance of this strategy, report to
the appropriate congressional committees on the
justification for this decision.
(3) Exclusion.--Programs and activities that
implement or purchase new prevention technologies or
modalities, such as medical male circumcision, public
education about risks to acquire HIV infection from
blood exposures, promoting universal precautions,
investigating suspected nosocomial infections, pre-
exposure pharmaceutical prophylaxis to prevent
transmission of HIV, or microbicides and programs and
activities that provide counseling and testing for HIV
or prevent mother-to-child prevention of HIV, shall not
be included in determining compliance with paragraph
(2).
(4) Report.--Not later than 1 year after the date of
the enactment of the Tom Lantos and Henry J. Hyde
United States Global Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Reauthorization Act of 2008,
and annually thereafter as part of the annual report
required under section 104A(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b-2(e)), the
President shall--
(A) submit a report on the implementation of
paragraph (2) for the most recently concluded
fiscal year to the appropriate congressional
committees; and
(B) make the report described in subparagraph
(A) available to the public.
(b) Orphans and Vulnerable Children.--For fiscal years 2009
through 2013,\73\ not less than 10 percent of the amounts
appropriated pursuant to the authorization of appropriations
under section 401 for HIV/AIDS assistance for each such fiscal
year shall be expended for assistance for orphans and other
children affected by, or vulnerable to,\74\ HIV/AIDS, of which
such amount at least 50 percent shall be provided through non-
profit, nongovernmental organizations, including faith-based
organizations, that implement programs on the community level.
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\73\ Sec. 403(2)(A) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2967) struck out ``fiscal years 2006
through 2008'' and inserted in lieu thereof ``fiscal years 2009 through
2013''.
\74\ Sec. 403(2)(B) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2967) struck out ``vulnerable children
affected by'' and inserted in lieu thereof ``other children affected
by, or vulnerable to,''.
---------------------------------------------------------------------------
(c) \75\ Funding Allocation.--For each of the fiscal years
2009 through 2013, more than half of the amounts appropriated
for bilateral global HIV/AIDS assistance pursuant to section
401 shall be expended for--
---------------------------------------------------------------------------
\75\ Sec. 403(3) of the Lantos/Hyde Reauthorization Act of 2008
(Public Law 110-293; 122 Stat. 2967) added subsecs. (c) and (d).
---------------------------------------------------------------------------
(1) antiretroviral treatment for HIV/AIDS;
(2) clinical monitoring of HIV-seropositive people
not in need of antiretroviral treatment;
(3) care for associated opportunistic infections;
(4) nutrition and food support for people living with
HIV/AIDS; and
(5) other essential HIV/AIDS-related medical care for
people living with HIV/AIDS.
(d) \75\ Treatment, Prevention, and Care Goals.--For each
of the fiscal years 2009 through 2013--
(1) the treatment goal under section 402(a)(3) shall
be increased above 2,000,000 by at least the percentage
increase in the amount appropriated for bilateral
global HIV/AIDS assistance for such fiscal year
compared with fiscal year 2008;
(2) any increase in the treatment goal under section
402(a)(3) above the percentage increase in the amount
appropriated for bilateral global HIV/AIDS assistance
for such fiscal year compared with fiscal year 2008
shall be based on long-term requirements,
epidemiological evidence, the share of treatment needs
being met by partner governments and other sources of
treatment funding, and other appropriate factors;
(3) the treatment goal under section 402(a)(3) shall
be increased above the number calculated under
paragraph (1) by the same percentage that the average
United States Government cost per patient of providing
treatment in countries receiving bilateral HIV/AIDS
assistance has decreased compared with fiscal year
2008; and
(4) the prevention and care goals established in
clauses (i) and (iv) of section 104A(b)(1)(A) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151b-
2(b)(1)(A)) shall be increased consistent with
epidemiological evidence and available resources.
SEC. 404.\76\ ASSISTANCE FROM THE UNITED STATES PRIVATE SECTOR TO
PREVENT AND REDUCE HIV/AIDS IN SUB-SAHARAN AFRICA.
It is the sense of Congress that United States businesses
should be encouraged to provide assistance to sub-Saharan
African countries to prevent and reduce the incidence of HIV/
AIDS in sub-Saharan Africa. In providing such assistance,
United States businesses should be encouraged to consider the
establishment of an HIV/AIDS Response Fund in order to provide
for coordination among such businesses in the collection and
distribution of the assistance to sub-Saharan African
countries.
---------------------------------------------------------------------------
\76\ 22 U.S.C. 7674.
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TITLE V--INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 501. MODIFICATION OF THE ENHANCED HIPC INITIATIVE.
Title XVI of the International Financial Institutions Act
(22 U.S.C. 262p-262p-7) is amended by adding at the end the
following new section: * * * \77\
---------------------------------------------------------------------------
\77\ Sec. 501 added a new sec. 1625 to the International Financial
Institutions Act (22 U.S.C. 262p-8). For text, see Legislation on
Foreign Relations Through 2008, vol. III.
---------------------------------------------------------------------------
SEC. 502.\78\ REPORT ON EXPANSION OF DEBT RELIEF TO NON-HIPC COUNTRIES.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary of the Treasury shall
submit to Congress a report on--
---------------------------------------------------------------------------
\78\ 22 U.S.C. 7681.
---------------------------------------------------------------------------
(1) the options and costs associated with the
expansion of debt relief provided by the Enhanced HIPC
Initiative to include poor countries that were not
eligible for inclusion in the Enhanced HIPC Initiative;
(2) options for burden-sharing among donor countries
and multilateral institutions of costs associated with
the expansion of debt relief; and
(3) options, in addition to debt relief, to ensure
debt sustainability in poor countries, particularly in
cases when the poor country has suffered an external
economic shock or a natural disaster.
(b) Specific Options To Be Considered.--Among the options
for the expansion of debt relief provided by the Enhanced HIPC
Initiative, consideration should be given to making eligible
for that relief poor countries for which outstanding public and
publicly guaranteed debt requires annual payments in excess of
10 percent or, in the case of a country suffering a public
health crisis (as defined in section 1625(e) of the Financial
Institutions Act, as added by section 501 of this Act), not
more than 5 percent, of the amount of the annual current
revenues received by the country from internal resources.
(c) Enhanced HIPC Initiative Defined.--In this section, the
term ``Enhanced HIPC Initiative'' means the multilateral debt
initiative for heavily indebted poor countries presented in the
Report of G-7 Finance Ministers on the Cologne Debt Initiative
to the Cologne Economic Summit, Cologne, June 18-20, 1999.
SEC. 503.\79\ AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the President such sums as may be necessary for the fiscal year
2004 and each fiscal year thereafter to carry out section 1625
of the International Financial Institutions Act, as added by
section 501 of this Act.
---------------------------------------------------------------------------
\79\ 22 U.S.C. 7682.
Title III of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 853), provides the following:
---------------------------------------------------------------------------
``debt restructuring
---------------------------------------------------------------------------
``For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as the
President may determine, for which funds have been appropriated or
otherwise made available for programs within the International Affairs
Budget Function 150, including the cost of selling, reducing, or
canceling amounts owed to the United States as a result of concessional
loans made to eligible countries, pursuant to parts IV and V of the
Foreign Assistance Act of 1961, of modifying concessional credit
agreements with least developed countries, as authorized under section
411 of the Agricultural Trade Development and Assistance Act of 1954,
as amended, of concessional loans, guarantees and credit agreements, as
authorized under section 572 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1989 (Public Law
100-461), and of canceling amounts owed, as a result of loans or
guarantees made pursuant to the Export-Import Bank Act of 1945, by
countries that are eligible for debt reduction pursuant to title V of
H.R. 3425 as enacted into law by section 1000(a)(5) of Public Law 106-
113, $60,000,000, to remain available until September 30, 2011:
Provided, That not less than $20,000,000 of the funds appropriated
under this heading shall be made available to carry out the provisions
of part V of the Foreign Assistance Act of 1961: Provided further, That
amounts paid to the HIPC Trust Fund may be used only to fund debt
reduction under the enhanced HIPC initiative by--
---------------------------------------------------------------------------
``(1) the Inter-American Development Bank;
``(2) the African Development Fund;
``(3) the African Development Bank; and
``(4) the Central American Bank for Economic Integration:
``Provided further, That funds may not be paid to the HIPC Trust Fund for
the benefit of any country if the Secretary of State has credible evidence
that the government of such country is engaged in a consistent pattern of
gross violations of internationally recognized human rights or in military
or civil conflict that undermines its ability to develop and implement
measures to alleviate poverty and to devote adequate human and financial
resources to that end: Provided further, That on the basis of final
appropriations, the Secretary of the Treasury shall consult with the
Committees on Appropriations concerning which countries and international
financial institutions are expected to benefit from a United States
contribution to the HIPC Trust Fund during the fiscal year: Provided
further, That the Secretary of the Treasury shall notify the Committees on
Appropriations not less than 15 days in advance of the signature of an
agreement by the United States to make payments to the HIPC Trust Fund of
amounts for such countries and institutions: Provided further, That the
Secretary of the Treasury may disburse funds designated for debt reduction
through the HIPC Trust Fund only for the benefit of countries that--
``(1) have committed, for a period of 24 months, not to accept new
market-rate loans from the international financial institution receiving
debt repayment as a result of such disbursement, other than loans made by
such institutions to export-oriented commercial projects that generate
foreign exchange which are generally referred to as `enclave' loans; and
``(2) have documented and demonstrated their commitment to redirect their
budgetary resources from international debt repayments to programs to
alleviate poverty and promote economic growth that are additional to or
expand upon those previously available for such purposes:
``Provided further, That any limitation of subsection (e) of section 411 of
the Agricultural Trade Development and Assistance Act of 1954 shall not
apply to funds appropriated under this heading: Provided further, That none
of the funds made available under this heading in this or any other
appropriations Act shall be made available for Sudan or Burma unless the
Secretary of the Treasury determines and notifies the Committees on
Appropriations that a democratically elected government has taken
office.''.
---------------------------------------------------------------------------
See also Legislation on Foreign Relations Through 2008, vol. I-B,
for legislation on international debt relief.
---------------------------------------------------------------------------
(b) Availability of Funds.--Amounts appropriated pursuant
to subsection (a) are authorized to remain available until
expended.
(2) Tom Lantos and Henry J. Hyde United States Global Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008
Partial text of Public Law 110-293 [H.R. 5501], 122 Stat. 2918,
approved July 30, 2008
AN ACT To authorize appropriations for fiscal years 2009 through 2013
to provide assistance to foreign countries to combat HIV/AIDS,
tuberculosis, and malaria, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Tom Lantos
and Henry J. Hyde United States Global Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008''.
(b) Table of Contents.--The table of contents for this Act
is as follows: * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note.----This Act amends the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act
--------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE II--SUPPORT FOR MULTILATERAL FUNDS, PROGRAMS, AND PUBLIC-PRIVATE
PARTNERSHIPS
* * * * * * *
SEC. 203.\2\ RESEARCH ON METHODS FOR WOMEN TO PREVENT TRANSMISSION OF
HIV AND OTHER DISEASES.
(a) Sense of Congress.--Congress recognizes the need and
urgency to expand the range of interventions for preventing the
transmission of human immunodeficiency virus (HIV), including
nonvaccine prevention methods that can be controlled by women.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 7601 note.
\2\ 42 U.S.C. 300cc-40a note.
---------------------------------------------------------------------------
(b) * * *
(c) * * *
(d) * * *
(e) United States Agency for International Development.--
(1) In general.--The Administrator of the United
States Agency for International Development, in
coordination with the Coordinator of United States
Government Activities to Combat HIV/AIDS Globally, may
facilitate availability and accessibility of
microbicides, provided that such pharmaceuticals are
approved, tentatively approved, or otherwise authorized
for use by--
(A) the Food and Drug Administration;
(B) a stringent regulatory agency acceptable
to the Secretary of Health and Human Services;
or
(C) a quality assurance mechanism acceptable
to the Secretary of Health and Human Services.
(2) Authorization of appropriations.--Of the amounts
authorized to be appropriated under section 401 of the
United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7671)
for HIV/AIDS assistance, there are authorized to be
appropriated to the President such sums as may be
necessary for each of the fiscal years 2009 through
2013 to carry out this subsection.
* * * * * * *
SEC. 206.\3\ FACILITATING VACCINE DEVELOPMENT.
(a) Technical Assistance for Developing Countries.--The
Administrator of the United States Agency for International
Development, utilizing public-private partners, as appropriate,
and working in coordination with other international
development agencies, is authorized to strengthen the capacity
of developing countries' governmental institutions to--
---------------------------------------------------------------------------
\3\ 22 U.S.C. 7624.
---------------------------------------------------------------------------
(1) collect evidence for informed decision-making and
introduction of new vaccines, including potential HIV/
AIDS, tuberculosis, and malaria vaccines, if such
vaccines are determined to be safe and effective;
(2) review protocols for clinical trials and impact
studies and improve the implementation of clinical
trials; and
(3) ensure adequate supply chain and delivery
systems.
(b) Advanced Market Commitments.--
(1) Purpose.--The purpose of this subsection is to
improve global health by requiring the United States to
participate in negotiations for advance market
commitments for the development of future vaccines,
including potential vaccines for HIV/AIDS,
tuberculosis, and malaria.
(2) Negotiation requirement.--The Secretary of the
Treasury shall enter into negotiations with the
appropriate officials of the International Bank of
Reconstruction and Development (World Bank) and the
GAVI Alliance, the member nations of such entities, and
other interested parties to establish advanced market
commitments to purchase vaccines to combat HIV/AIDS,
tuberculosis, malaria, and other related infectious
diseases.
(3) Requirements.--In negotiating the United States
participation in programs for advanced market
commitments, the Secretary of the Treasury shall take
into account whether programs for advance market
commitments include--
(A) legally binding contracts for product
purchase that include a fair market price for
up to a maximum number of treatments, creating
a strong market incentive;
(B) clearly defined and transparent rules of
program participation for qualified developers
and suppliers of the product;
(C) clearly defined requirements for eligible
vaccines to ensure that they are safe and
effective and can be delivered in developing
country contexts;
(D) dispute settlement mechanisms; and
(E) sufficient flexibility to enable the
contracts to be adjusted in accord with new
information related to projected market size
and other factors while still maintaining the
purchase commitment at a fair price.
(4) Report.--Not later than 1 year after the date of
the enactment of this Act--
(A) the Secretary of the Treasury shall
submit a report to the appropriate
congressional committees on the status of the
United States negotiations to participate in
programs for the advanced market commitments
under this subsection; and
(B) the President shall produce a
comprehensive report, written by a study group
of qualified professionals from relevant
Federal agencies and initiatives,
nongovernmental organizations, and industry
representatives, that sets forth a coordinated
strategy to accelerate development of vaccines
for infectious diseases, such as HIV/AIDS,
malaria, and tuberculosis, which includes--
(i) initiatives to create economic
incentives for the research,
development, and manufacturing of
vaccines for HIV/AIDS, tuberculosis,
malaria, and other infectious diseases;
(ii) an expansion of public-private
partnerships and the leveraging of
resources from other countries and the
private sector; and
(iii) efforts to maximize United
States capabilities to support clinical
trials of vaccines in developing
countries and to address the challenges
of delivering vaccines in developing
countries to minimize delays in access
once vaccines are available.
* * * * * * *
TITLE IV--FUNDING ALLOCATIONS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
(a) * * *
(b) Sense of Congress.--It is the sense of the Congress
that the appropriations authorized under section 401(a) of the
United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003, as amended by subsection (a), should be
allocated among fiscal years 2009 through 2013 in a manner that
allows for the appropriations to be gradually increased in a
manner that is consistent with program requirements, absorptive
capacity, and priorities set forth in such Act, as amended by
this Act.
* * * * * * *
(3) Assistance for International Malaria Control Act
Partial text of Public Law 106-570 [S. 2943], 114 Stat. 3038, approved
on December 27, 2000; as amended by Public Law 109-344 [Darfur Peace
and Accountability Act of 2006; H.R. 3127], 120 Stat. 1869, approved
October 13, 2006
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.
---------------------------------------------------------------------------
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 2008, vol. II-A.
---------------------------------------------------------------------------
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 2008, vol. II-A.
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TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501.\8\ * * * [REPEALED--2006]
---------------------------------------------------------------------------
\8\ Formerly at 50 U.S.C. 1701 note. Sec. 8(a) of the Darfur Peace
and Accountability Act of 2006 (Public Law 109-344; 120 Stat. 1879)
repealed sec. 501. See that Act, particularly the freestanding
provisions of sec. 8, in this volume. Sec. 501 had read as follows:
---------------------------------------------------------------------------
``sec. 501. 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.
``(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)
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.''.
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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 \9\
* * * * * * *
---------------------------------------------------------------------------
\9\ 22 U.S.C. 2517 note. For text of title VI, see Peace Corps
section, in Legislation on Foreign Relations Through 2008, volume I-B.
(4) 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............................................... 727
Sec. 2. Table of contents......................................... 727
TITLE I--ASSISTANCE TO COUNTRIES WITH LARGE POPULATIONS HAVING HIV/AIDS
Sec. 101. Short title............................................. 728
Sec. 102. Definitions............................................. 728
Sec. 103. Findings and purposes................................... 728
Subtitle A--United States Assistance
Sec. 111. Additional assistance authorities to combat HIV and AIDS 730
Sec. 112. Voluntary contribution to Global Alliance for Vaccines
and Immunizations and International AIDS Vaccine Initiative... 731
Sec. 113. Coordinated donor strategy for support and education of
orphans in sub-Saharan Africa................................. 731
Sec. 114. African Crisis Response Initiative and HIV/AIDS training 732
Subtitle B--World Bank AIDS Trust Fund
Chapter 1--Establishment of the Fund
Sec. 121. Establishment........................................... 732
Sec. 122. Grant authorities....................................... 733
Sec. 123. Administration.......................................... 734
Sec. 124. Advisory Board.......................................... 734
Chapter 2--Reports
Sec. 131. Reports to Congress..................................... 735
Chapter 3--United States Financial Participation
Sec. 141. Authorization of appropriations......................... 736
Sec. 142. Certification requirement............................... 736
TITLE II--INTERNATIONAL TUBERCULOSIS CONTROL
Sec. 201. Short title............................................. 736
Sec. 202. Findings................................................ 736
Sec. 203. Assistance for tuberculosis prevention, treatment,
control, and elimination...................................... 737
TITLE III--ADMINISTRATIVE AUTHORITIES
Sec. 301. Effective program oversight............................. 737
Sec. 302. Termination expenses.................................... 738
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\
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\4\ Sec. 111(a) added paras. (4) through (6) to sec. 104(c) of the
Foreign Assistance Act of 1961.
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(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\
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\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.
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\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--
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\7\ 22 U.S.C. 6812.
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(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--
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\8\ 22 U.S.C. 6821.
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(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.--
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\9\ 22 U.S.C. 6822.
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(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.
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\10\ 22 U.S.C. 6823.
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(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.
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\11\ 22 U.S.C. 6824.
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(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.
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\13\ 22 U.S.C. 6841.
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(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.
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\14\ 22 U.S.C. 6842.
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(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''.
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\15\ 22 U.S.C. 2151 note.
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SEC. 202.\16\ FINDINGS.
Congress makes the following findings:
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\16\ 22 U.S.C. 2151b note.
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(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: * * *
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: * * *
(5) 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.
q. Afghanistan
(1) Afghanistan Freedom Support Act of 2002
Public Law 107-327 [S. 2712], 116 Stat. 2797, approved December 4,
2002; 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 108-287 [Department of Defense Appropriations Act,
2005; H.R. 4613], 118 Stat. 951, approved August 5, 2004; and Public
Law 108-458 [Intelligence Reform and Terrorism Prevention Act of 2004;
S. 2845], 118 Stat. 3638, approved December 17, 2004
AN ACT To authorize economic and democratic development assistance for
Afghanistan and to authorize military assistance for Afghanistan and
certain other foreign countries.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS; DEFINITION.
(a) Short Title.--This Act may be cited as the
``Afghanistan Freedom Support Act of 2002''.
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\1\ 22 U.S.C. 7501 note. See also sec. 2041 in the 9/11 Commission
International Implementation Act of 2007 (title XX of Public Law 110-
53; 121 Stat. 518), relating to Afghanistan, and sec. 1215 of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4632), relating to a performance
monitoring system for U.S.-led Provincial Reconstruction Teams in
Afghanistan.
---------------------------------------------------------------------------
(b) \2\ Table of Contents.--The table of contents for this
Act is as follows:
---------------------------------------------------------------------------
\2\ Sec. 7104(j)(3) of the Afghanistan Freedom Support Act
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638)
redesignated secs. 207 and 208 as secs. 208 and 209, respectively, and
added a new sec. 207 to the table of contents. Sec. 7104(e)(4)(B) of
the Afghanistan Freedom Support Act Amendments of 2004 (sec. 7104 of
Public Law 108-458; 118 Stat. 3638) added sec. 305 to the table of
contents.
---------------------------------------------------------------------------
Page
Sec. 1. Short title; table of contents; definition................ 742
TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN
Sec. 101. Declaration of policy................................... 743
Sec. 102. Purposes of assistance.................................. 744
Sec. 103. Authorization of assistance............................. 745
Sec. 104. Coordination of assistance.............................. 753
Sec. 105. Sense of Congress regarding promoting cooperation in
opium producing areas......................................... 754
Sec. 106. Administrative provisions............................... 754
Sec. 107. Relationship to other authority......................... 755
Sec. 108. Authorization of appropriations......................... 755
TITLE II--MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN OTHER FOREIGN
COUNTRIES AND INTERNATIONAL ORGANIZATIONS
Sec. 201. Support for security during transition in Afghanistan... 756
Sec. 202. Authorization of assistance............................. 756
Sec. 203. Eligible foreign countries and eligible international
organizations................................................. 757
Sec. 204. Reimbursement for assistance............................ 757
Sec. 205. Congressional notification requirements................. 758
Sec. 206. Promoting secure delivery of humanitarian and other
assistance in Afghanistan and expansion of the International
Security Assistance Force..................................... 758
Sec. 207. Sense of Congress and report regarding counterdrug
efforts in Afghanistan........................................ 762
Sec. 208. Relationship to other authority......................... 762
Sec. 209. Sunset.................................................. 763
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Requirement to comply with procedures relating to the
prohibition on assistance to drug traffickers................. 763
Sec. 302. Sense of Congress regarding protecting Afghanistan's
President..................................................... 763
Sec. 303. Donor contributions to Afghanistan and reports.......... 763
Sec. 304. Reports................................................. 764
Sec. 305. Formulation of long-term strategy for Afghanistan....... 764
(c) \3\ Definition.--In this Act, the term ``Government of
Afghanistan'' includes--
---------------------------------------------------------------------------
\3\ 22 U.S.C. 7501.
---------------------------------------------------------------------------
(1) the government of any political subdivision of
Afghanistan; and
(2) any agency or instrumentality of the Government
of Afghanistan.
TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN
SEC. 101.\4\ DECLARATION OF POLICY.
Congress makes the following declarations:
---------------------------------------------------------------------------
\4\ 22 U.S.C. 7511.
---------------------------------------------------------------------------
(1) The United States and the international community
should support efforts that advance the development of
democratic civil authorities and institutions in
Afghanistan and the establishment of a new broad-based,
multi-ethnic, gender-sensitive, and fully
representative government in Afghanistan.
(2) The United States, in particular, should provide
its expertise to meet immediate humanitarian and
refugee needs, fight the production and flow of illicit
narcotics, and aid in the reconstruction of
Afghanistan.
(3) By promoting peace and security in Afghanistan
and preventing a return to conflict, the United States
and the international community can help ensure that
Afghanistan does not again become a source for
international terrorism.
(4) The United States should support the objectives
agreed to on December 5, 2001, in Bonn, Germany,
regarding the provisional arrangement for Afghanistan
as it moves toward the establishment of permanent
institutions and, in particular, should work
intensively toward ensuring the future neutrality of
Afghanistan, establishing the principle that
neighboring countries and other countries in the region
do not threaten or interfere in one another's
sovereignty, territorial integrity, or political
independence, including supporting diplomatic
initiatives to support this goal.
(5) The special emergency situation in Afghanistan,
which from the perspective of the American people
combines security, humanitarian, political, law
enforcement, and development imperatives, requires that
the President should receive maximum flexibility in
designing, coordinating, and administering efforts with
respect to assistance for Afghanistan and that a
temporary special program of such assistance should be
established for this purpose.
(6) To foster stability and democratization and to
effectively eliminate the causes of terrorism, the
United States and the international community should
also support efforts that advance the development of
democratic civil authorities and institutions in the
broader Central Asia region.
SEC. 102.\5\ PURPOSES OF ASSISTANCE.
The purposes of assistance authorized by this title are--
---------------------------------------------------------------------------
\5\ 22 U.S.C. 7512.
---------------------------------------------------------------------------
(1) to help assure the security of the United States
and the world by reducing or eliminating the likelihood
of violence against United States or allied forces in
Afghanistan and to reduce the chance that Afghanistan
will again be a source of international terrorism;
(2) to support the continued efforts of the United
States and the international community to address the
humanitarian crisis in Afghanistan and among Afghan
refugees in neighboring countries;
(3) to fight the production and flow of illicit
narcotics, to control the flow of precursor chemicals
used in the production of heroin, and to enhance and
bolster the capacities of Afghan governmental
authorities to control poppy cultivation and related
activities;
(4) to help achieve a broad-based, multi-ethnic,
gender-sensitive, and fully representative government
in Afghanistan that is freely chosen by the people of
Afghanistan and that respects the human rights of all
Afghans, particularly women, including authorizing
assistance for the rehabilitation and reconstruction of
Afghanistan with a particular emphasis on meeting the
educational, health, and sustenance needs of women and
children to better enable their full participation in
Afghan society;
(5) to support the Government of Afghanistan in its
development of the capacity to facilitate, organize,
develop, and implement projects and activities that
meet the needs of the Afghan people;
(6) to foster the participation of civil society in
the establishment of the new Afghan government in order
to achieve a broad-based, multi-ethnic, gender-
sensitive, fully representative government freely
chosen by the Afghan people, without prejudice to any
decisions which may be freely taken by the Afghan
people about the precise form in which their government
is to be organized in the future;
(7) to support the reconstruction of Afghanistan
through, among other things, programs that create jobs,
facilitate clearance of landmines, and rebuild the
agriculture sector, the health care system, and the
educational system of Afghanistan;
(8) to provide resources to the Ministry for Women's
Affairs of Afghanistan to carry out its
responsibilities for legal advocacy, education,
vocational training, and women's health programs; and
(9) to foster the growth of a pluralistic society
that promotes and respects religious freedom.
SEC. 103.\6\ AUTHORIZATION OF ASSISTANCE.
(a) In General.--Notwithstanding any other \7\ provision of
law, the President is authorized to provide assistance for
Afghanistan for the following activities:
---------------------------------------------------------------------------
\6\ 22 U.S.C. 7513.
\7\ Sec. 7104(e)(1)(B) of the Afghanistan Freedom Support Act
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638)
struck out ``section 512 of Public Law 107-115 or any other similar''
and inserted in lieu thereof ``any other''.
---------------------------------------------------------------------------
(1) Urgent humanitarian needs.--To assist in meeting
the urgent humanitarian needs of the people of
Afghanistan, including assistance such as--
(A) emergency food, shelter, and medical
assistance;
(B) clean drinking water and sanitation;
(C) preventative health care, including
childhood vaccination, therapeutic feeding,
maternal child health services, and infectious
diseases surveillance and treatment;
(D) family tracing and reunification
services; and
(E) clearance of landmines and other
unexploded ordinance.
(2) Repatriation and resettlement of refugees and
internally displaced persons.--To assist refugees and
internally displaced persons as they return to their
home communities in Afghanistan and to support their
reintegration into those communities, including
assistance such as--
(A) assistance identified in paragraph (1);
(B) assistance to communities, including
those in neighboring countries, that have taken
in large numbers of refugees in order to
rehabilitate or expand social, health, and
educational services that may have suffered as
a result of the influx of large numbers of
refugees;
(C) assistance to international organizations
and host governments in maintaining security by
screening refugees to ensure the exclusion of
armed combatants, members of foreign terrorist
organizations, and other individuals not
eligible for economic assistance from the
United States; and
(D) assistance for voluntary refugee
repatriation and reintegration inside
Afghanistan and continued assistance to those
refugees who are unable or unwilling to return,
and humanitarian assistance to internally
displaced persons, including those persons who
need assistance to return to their homes,
through the United Nations High Commissioner
for Refugees and other organizations charged
with providing such assistance.
(3) Counternarcotics efforts.--(A) To assist in the
eradication of poppy cultivation, the disruption of
heroin production, and the reduction of the overall
supply and demand for illicit narcotics in Afghanistan
and the region, with particular emphasis on assistance
to--
(i) eradicate opium poppy, promote
alternatives to poppy cultivation, including
the introduction of high value crops that are
suitable for export and the provision of
appropriate technical assistance and credit
mechanisms for farmers,\8\ purchase nonopium
products from farmers in opium-growing areas,
quick-impact public works programs to divert
labor from narcotics production, develop
projects directed specifically at narcotics
production, processing, or trafficking areas to
provide incentives to cooperation in narcotics
suppression activities, and related programs;
---------------------------------------------------------------------------
\8\ Sec. 7104(j)(1)(A) of the Afghanistan Freedom Support Act
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638)
struck out ``establish crop substitution programs,'', and inserted in
lieu thereof ``promote alternatives to poppy cultivation, including the
introduction of high value crops that are suitable for export and the
provision of appropriate technical assistance and credit mechanisms for
farmers,''.
---------------------------------------------------------------------------
(ii) establish or provide assistance to one
or more entities within the Government of
Afghanistan, including the Afghan State High
Commission for Drug Control, and to provide
training and equipment for the entities, to
help enforce counternarcotics laws in
Afghanistan and limit illicit narcotics growth,
production, and trafficking in Afghanistan, and
to create special counternarcotics courts,
prosecutors, and places of incarceration; \9\
---------------------------------------------------------------------------
\9\ Sec. 7104(j)(1)(B) of the Afghanistan Freedom Support Act
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638)
inserted ``, and to create special counternarcotics courts,
prosecutors, and places of incarceration''.
---------------------------------------------------------------------------
(iii) train and provide equipment for
customs, police, and other border control
entities in Afghanistan and the region relating
to illicit narcotics interdiction and relating
to precursor chemical controls and interdiction
to help disrupt heroin production in
Afghanistan and the region, in particular,
notwithstanding section 660 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2420), by
providing non-lethal equipment, training
(including training in internationally
recognized standards of human rights, the rule
of law, anti-corruption, and the promotion of
civilian police roles that support democracy),
and payments, during fiscal years 2005 through
2008, for salaries for special counternarcotics
police and supporting units; \10\
---------------------------------------------------------------------------
\10\ Sec. 7104(j)(1)(C) of the Afghanistan Freedom Support Act
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638)
inserted ``, in particular, notwithstanding section 660 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2420), by providing non-lethal
equipment, training (including training in internationally recognized
standards of human rights, the rule of law, anti-corruption, and the
promotion of civilian police roles that support democracy), and
payments, during fiscal years 2005 through 2008, for salaries for
special counternarcotics police and supporting units''.
---------------------------------------------------------------------------
(iv) continue the annual opium crop survey
and strategic studies on opium crop planting
and farming in Afghanistan; \11\
---------------------------------------------------------------------------
\11\ Sec. 7104(j)(1)(D) through (F) of the Afghanistan Freedom
Support Act Amendments of 2004 (sec. 7104 of Public Law 108-458; 118
Stat. 3638) struck out ``and'' at the end of clause (iv); replaced a
period at the end of clause (v) with ``; and''; and added a new clause
(vi).
---------------------------------------------------------------------------
(v) reduce demand for illicit narcotics among
the people of Afghanistan, including refugees
returning to Afghanistan; and \11\
(vi) \11\ assist the Afghan National Army
with respect to any of the activities under
this paragraph.
(B) For each of the fiscal years 2003 through 2006,
$15,000,000 is authorized to be appropriated to the
President to be made available for a contribution to
the United Nations Drug Control Program for the purpose
of carrying out activities described in clauses (i)
through (v) of subparagraph (A). Amounts made available
under the preceding sentence are in addition to amounts
otherwise available for such purposes.
(4) Reestablishment of food security, rehabilitation
of the agriculture sector, improvement in health
conditions, and the reconstruction of basic
infrastructure.--To assist in expanding access to
markets in Afghanistan, to increase the availability of
food in markets in Afghanistan, to rehabilitate the
agriculture sector in Afghanistan by creating jobs for
former combatants, returning refugees, and internally
displaced persons, to improve health conditions, and
assist in the rebuilding of basic infrastructure in
Afghanistan, including assistance such as--
(A) rehabilitation of the agricultural
infrastructure, including irrigation systems
and rural roads;
(B) extension of credit;
(C) provision of critical agricultural
inputs, such as seeds, tools, and fertilizer,
and strengthening of seed multiplication,
certification, and distribution systems;
(D) improvement in the quantity and quality
of water available through, among other things,
rehabilitation of existing irrigation systems
and the development of local capacity to manage
irrigation systems;
(E) livestock rehabilitation through market
development and other mechanisms to distribute
stocks to replace those stocks lost as a result
of conflict or drought;
(F) mine awareness and demining programs and
programs to assist mine victims, war orphans,
and widows;
(G) programs relating to infant and young
child feeding, immunizations, vitamin A
supplementation, and prevention and treatment
of diarrheal diseases and respiratory
infections;
(H) programs to improve maternal and child
health and reduce maternal and child mortality;
(I) programs to improve hygienic and
sanitation practices and for the prevention and
treatment of infectious diseases, such as
tuberculosis and malaria;
(J) programs to reconstitute the delivery of
health care, including the reconstruction of
health clinics or other basic health
infrastructure, with particular emphasis on
health care for children who are orphans;
(K) programs for housing (including repairing
homes damaged during military operations),
rebuilding urban infrastructure, and supporting
basic urban services; \12\
---------------------------------------------------------------------------
\12\ Sec. 7104(f)(3) of the Afghanistan Freedom Support Act
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638)
struck out ``and'' at the end of subpara. (K); replaced a period with
``; and'' at the end of subpara. (L); and added subpara. (M).
---------------------------------------------------------------------------
(L) disarmament, demobilization, and
reintegration of armed combatants into society,
particularly child soldiers; and \12\
(M) \12\ assistance in identifying and
surveying key road and rail routes that are
essential for economic renewal in Afghanistan
and the region and support for the
establishment of a customs service and training
for customs officers.
(5) \13\ Education, the rule of law, and related
issues.--
---------------------------------------------------------------------------
\13\ Sec. 7104(f)(2) of the Afghanistan Freedom Support Act
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638)
amended and restated para. (5). It previously read as follows:
``(5) Reestablishment of afghanistan as a viable nation-state.--(A)
To assist in the development of the capacity of the Government of
Afghanistan to meet the needs of the people of Afghanistan through,
among other things, support for the development and expansion of
democratic and market-based institutions, including assistance such
as--
---------------------------------------------------------------------------
``(i) support for international organizations that provide civil advisers
to the Government of Afghanistan;
``(ii) support for an educated citizenry through improved access to basic
education, with particular emphasis on basic education for children who are
orphans, with particular emphasis on basic education for children;
``(iii) programs to enable the Government of Afghanistan to recruit and
train teachers, with special focus on the recruitment and training of
female teachers;
``(iv) programs to enable the Government of Afghanistan to develop school
curriculum that incorporates relevant information such as landmine
awareness, food security and agricultural education, human rights
awareness, including religious freedom, and civic education;
``(v) support for the activities of the Government of Afghanistan to
draft a new constitution, other legal frameworks, and other initiatives to
promote the rule of law in Afghanistan, including the recognition of
religious freedom in the constitution and other legal frameworks;
``(vi) support to increase the transparency, accountability, and
participatory nature of governmental institutions, including programs
designed to combat corruption and other programs for the promotion of good
governance;
``(vii) support for an independent media;
``(viii) programs that support the expanded participation of women and
members of all ethnic groups in government at national, regional, and local
levels;
``(ix) programs to strengthen civil society organizations that promote
human rights, including religious freedom, freedom of expression, and
freedom of association, and support human rights monitoring;
``(x) support for Afghan and international efforts to investigate human
rights atrocities committed in Afghanistan by the Taliban regime, opponents
of such regime, and terrorist groups operating in Afghanistan, including
the collection of forensic evidence relating to such atrocities;
``(xi) support for national, regional, and local elections and political
party development;
``(xii) support for the effective administration of justice at the
national, regional, and local levels, including the establishment of a
responsible and community-based police force;
``(xiii) support for establishment of a central bank and central
budgeting authority; and
``(xiv) assistance in identifying and surveying key road and rail routes
essential for economic renewal in Afghanistan and the region, support in
reconstructing those routes, and support for the establishment of a customs
service and training for customs officers.
---------------------------------------------------------------------------
``(B) For each of the fiscal years 2003 through 2005, $10,000,000
is authorized to be appropriated to the President to be made available
for the purposes of carrying out a traditional Afghan assembly or `Loya
Jirga' and for support for national, regional, and local elections and
political party development under subparagraph (A)(xi).''.
---------------------------------------------------------------------------
(A) Education.--To assist in the development
of the capacity of the Government of
Afghanistan to provide education to the people
of Afghanistan, including assistance such as--
(i) support for an educated citizenry
through improved access to basic
education, with particular emphasis on
basic education for children,
especially orphans;
(ii) programs to enable the
Government of Afghanistan to recruit
and train teachers, with special focus
on the recruitment and training of
female teachers;
(iii) programs to enable the
Government of Afghanistan to develop
school curricula that incorporate
relevant information such as landmine
awareness, food security and
agricultural education, civic
education, and human rights education,
including education relating to
religious freedom;
(iv) programs to construct, renovate,
or rebuild, and to equip and provide
teacher training, for primary schools,
secondary schools, and universities;
and
(v) programs to increase educational
exchanges and partnerships between the
United States and Afghanistan.
(B) Rule of law.--To assist in the
development of the rule of law and good
governance and reduced corruption in
Afghanistan, including assistance such as--
(i) support for the activities of the
Government of Afghanistan to implement
its constitution, to develop modern
legal codes and court rules, to provide
for the creation of legal assistance
programs, and other initiatives to
promote the rule of law in Afghanistan;
(ii) support for improvements in the
capacity and physical infrastructure of
the justice system in Afghanistan, such
as for professional training (including
for women) to improve the
administration of justice, for programs
to enhance prosecutorial and judicial
capabilities and to protect
participants in judicial cases, for
improvements in the instruction of law
enforcement personnel (including human
rights training), and for the promotion
of civilian police roles that support
democracy;
(iii) support for rehabilitation and
rebuilding of courthouses and detention
facilities;
(iv) support for the effective
administration of justice at the
national, regional, and local levels,
including programs to improve penal
institutions and the rehabilitation of
prisoners, and to establish a
responsible and community-based police
force;
(v) support to increase the
transparency, accountability, and
participatory nature of governmental
institutions, including programs
designed to combat corruption and other
programs for the promotion of good
governance, such as the development of
regulations relating to financial
disclosure for public officials,
political parties, and candidates for
public office, and transparent
budgeting processes and financial
management systems;
(vi) support for establishment of a
central bank and central budgeting
authority;
(vii) support for international
organizations that provide civil
advisers to the Government of
Afghanistan; and
(viii) support for Afghan and
international efforts to investigate
human rights atrocities committed in
Afghanistan by the Taliban regime,
opponents of such regime, and terrorist
groups operating in Afghanistan,
including the collection of forensic
evidence relating to such atrocities.
(C) Civil society and democracy.--To support
the development of democratic institutions in
Afghanistan, including assistance for--
(i) international monitoring and
observing of, and the promotion of,
free and fair elections;
(ii) strengthening democratic
political parties;
(iii) international exchanges and
professional training for members or
officials of government, political, and
civic or other nongovernmental
entities;
(iv) national, regional, and local
elections and political party
development;
(v) an independent media;
(vi) programs that support the
expanded participation of women and
members of all ethnic groups in
government at national, regional, and
local levels; and
(vii) programs to strengthen civil
society organizations that promote
human rights, including religious
freedom, freedom of expression, and
freedom of association, and support
human rights monitoring.
(D) Protection of sites.--To provide for the
protection of Afghanistan's culture, history,
and national identity, including the
rehabilitation of Afghanistan's museums and
sites of cultural significance.
(6) Market economy.--To support the establishment of
a market economy, the establishment of private
financial institutions, the adoption of policies to
promote foreign direct investment, the development of a
basic telecommunication infrastructure, and the
development of trade and other commercial links with
countries in the region and with the United States,
including policies to--
(A) encourage the return of Afghanistan
citizens or nationals living abroad who have
marketable and business-related skills;
(B) establish financial institutions,
including credit unions, cooperatives, and
other entities providing microenterprise
credits and other income-generation programs
for the poor, with particular emphasis on
women;
(C) facilitate expanded trade with countries
in the region;
(D) promote and foster respect for basic
workers' rights and protections against
exploitation of child labor;
(E) develop handicraft and other small-scale
industries; and
(F) provide financing programs for the
reconstruction of Kabul and other major cities
in Afghanistan.
(7) Assistance to women and girls.--
(A) Assistance objectives.--To assist women
and girls in Afghanistan in the areas of
political and human rights, health care,
education, training, security, and shelter,
with particular emphasis on assistance--
(i) to support construction of,
provide equipment and medical supplies
to, and otherwise facilitate the
establishment and rehabilitation of,
health care facilities in order to
improve the health care of women,
children, and infants;
(ii) to expand immunization programs
for women and children;
(iii) to establish, maintain, and
expand primary and secondary schools
for girls that include mathematics,
science, and languages in their primary
curriculum;
(iv) to develop and expand technical
and vocational training programs and
income-generation projects for women;
(v) to provide special educational
opportunities for girls whose schooling
was ended by the Taliban, and to
support the ability of women to have
access to higher education;
(vi) to develop and implement
programs to protect women and girls
against sexual and physical abuse,
abduction, trafficking, exploitation,
and sex discrimination in the delivery
of humanitarian supplies and services;
(vii) to provide emergency shelters
for women and girls who face danger
from violence;
(viii) to direct humanitarian
assistance to widows, who make up a
very large and needy population in war-
torn Afghanistan;
(ix) to support the work of women-led
and local nongovernmental organizations
with demonstrated experience in
delivering services to Afghan women and
children;
(x) to disseminate information
throughout Afghanistan on the rights of
women and on international standards of
human rights, including the rights of
religious freedom, freedom of
expression, and freedom of association;
(xi) to provide women's rights and
human rights training for military,
police, and legal personnel; and
(xii) to support the Afghan
Independent \14\ Human Rights
Commission in programs to promote
women's rights and human rights,
including the rights of religious
freedom, freedom of expression, and
freedom of association, and in the
investigation and monitoring of women's
rights and human rights abuses.
---------------------------------------------------------------------------
\14\ Sec. 7104(k)(2) of the Afghanistan Freedom Support Act
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638)
struck out ``National'' and inserted in lieu thereof ``Afghan
Independent''.
---------------------------------------------------------------------------
(B) Availability of funds.--For each of the
fiscal years 2003 through 2006--
(i) $15,000,000 is authorized to be
appropriated to the President to be
made available to the Afghan Ministry
of Women's Affairs; and
(ii) $5,000,000 is authorized to be
appropriated to the President to be
made available to the National Human
Rights Commission of Afghanistan.
(C) Relation to other available funds.--
Amounts made available under subparagraph (B)
are in addition to amounts otherwise available
for such purposes.
(b) Limitation.--
(1) In general.--Amounts made available to carry out
this title (except amounts made available for
assistance under paragraphs (1) through (3) and
subparagraphs (F) through (I) of paragraph (4) of
subsection (a)) may be provided only if the President
first determines and certifies to Congress with respect
to the fiscal year involved that progress is being made
toward adopting a constitution and establishing a
democratically elected government for Afghanistan that
respects human rights.
(2) Waiver.--
(A) In general.--The President may waive the
application of paragraph (1) if the President
first determines and certifies to Congress that
it is important to the national interest of the
United States to do so.
(B) Contents of certification.--A
certification transmitted to Congress under
subparagraph (A) shall include a written
explanation of the basis for the determination
of the President to waive the application of
paragraph (1).
(c) Enterprise Fund.--
(1) Authorization of appropriations.--In addition to
funds otherwise available for such purpose, there are
authorized to be appropriated to the President for an
enterprise fund for Afghanistan $300,000,000. The
provisions contained in section 201 of the Support for
East European Democracy (SEED) Act of 1989 (excluding
the authorizations of appropriations provided in
subsection (b) of that section) shall apply with
respect to such enterprise fund and to funds made
available to such enterprise fund under this
subsection.
(2) Availability of funds.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain
available until expended.
(d) \15\ Monitoring of Assistance for Afghanistan.--
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\15\ Sec. 7104(g) of the Afghanistan Freedom Support Act Amendments
of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) added subsec.
(d).
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(1) Report.--
(A) In general.--The Secretary of State, in
consultation with the Administrator for the
United States Agency for International
Development, shall submit to the Committee on
Foreign Relations of the Senate and the
Committee on International Relations of the
House of Representatives a report on the
obligations of United States assistance for
Afghanistan from all United States Government
departments and agencies.
(B) Contents.--Each such report shall set
forth, for the preceding annual period and
cumulatively, a description of--
(i) the activities and the purposes
for which funds were obligated;
(ii) the source of the funds stated
specifically by fiscal year, agency,
and program;
(iii) the participation of each
United States Government department or
agency; and
(iv) such other information as the
Secretary considers appropriate to
fully inform Congress on such matters.
(C) Additional requirements.--The first
report submitted under this paragraph shall
include a cumulative account of information
described in subparagraph (B) from all prior
periods beginning with fiscal year 2001. The
first report under this paragraph shall be
submitted not later than March 15, 2005.
Subsequent reports shall be submitted every 12
months thereafter and may be included in the
report required under section 206(c)(2).
(2) Submission of information for report.--The head
of each United States Government agency referred to in
paragraph (1) shall provide on a timely basis to the
Secretary of State such information as the Secretary
may reasonably require to allow the Secretary to
prepare and submit the report required under paragraph
(1).
SEC. 104.\16\ COORDINATION OF ASSISTANCE.
(a) In General.--The President shall \17\ designate, within
the Department of State, a coordinator who shall be responsible
for--
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\16\ 22 U.S.C. 7514.
\17\ Sec. 7104(c)(2) of the Afghanistan Freedom Support Act
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638)
struck out ``is strongly urged to'' and inserted in lieu thereof
``shall''.
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(1) designing an overall strategy to advance United
States interests in Afghanistan;
(2) ensuring program and policy coordination among
agencies of the United States Government in carrying
out the policies set forth in this title;
(3) pursuing coordination with other countries and
international organizations with respect to assistance
to Afghanistan;
(4) ensuring that United States assistance programs
for Afghanistan are consistent with this title;
(5) ensuring proper management, implementation, and
oversight by agencies responsible for assistance
programs for Afghanistan; and
(6) resolving policy and program disputes among
United States Government agencies with respect to
United States assistance for Afghanistan.
(b) Rank and Status of the Coordinator.--The coordinator
designated under subsection (a) shall have the rank and status
of ambassador.
(c) \18\ Assistance Plan.--
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\18\ Sec. 7104(d) of the Afghanistan Freedom Support Act Amendments
of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) added
subsecs. (c) and (d).
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(1) Submission to congress.--The coordinator
designated under subsection (a) shall annually submit
the Afghanistan assistance plan of the Administration
to--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on International Relations
of the House of Representatives;
(C) the Committee on Appropriations of the
Senate; and
(D) the Committee on Appropriations of the
House of Representatives.
(2) Contents.--The assistance plan submitted under
paragraph (1) shall describe--
(A) how the plan relates to the strategy
provided pursuant to section 304; and
(B) how the plan builds upon United States
assistance provided to Afghanistan since 2001.
(d) \18\ Coordination With International Community.--
(1) In general.--The coordinator designated under
subsection (a) shall work with the international
community and the Government of Afghanistan to ensure
that assistance to Afghanistan is implemented in a
coherent, consistent, and efficient manner to prevent
duplication and waste.
(2) International financial institutions.--The
coordinator designated under subsection (a), under the
direction of the Secretary of State, shall work through
the Secretary of the Treasury and the United States
Executive Directors at the international financial
institutions (as defined in section 1701(c)(2) of the
International Financial Institutions Act (22 U.S.C.
262r(c)(2))) to coordinate United States assistance for
Afghanistan with international financial institutions.
SEC. 105.\19\ SENSE OF CONGRESS REGARDING PROMOTING COOPERATION IN
OPIUM PRODUCING AREAS.
It is the sense of Congress that the President should--
---------------------------------------------------------------------------
\19\ 22 U.S.C. 7515.
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(1) to the extent practicable, under such procedures
as the President may prescribe, withhold United States
bilateral assistance from, and oppose multilateral
assistance to, opium-producing areas of Afghanistan if,
within such areas, appropriate cooperation is not
provided to the United States, the Government of
Afghanistan, and international organizations with
respect to the suppression of narcotics cultivation and
trafficking, and if withholding such assistance would
promote such cooperation;
(2) redistribute any United States bilateral
assistance (and to promote the redistribution of any
multilateral assistance) withheld from an opium-
producing area to other areas with respect to which
assistance has not been withheld as a consequence of
this section; and
(3) define or redefine the boundaries of opium
producing areas of Afghanistan for the purposes of this
section.
SEC. 106.\20\ ADMINISTRATIVE PROVISIONS.
(a) Applicable Administrative Authorities.--Except to the
extent inconsistent with the provisions of this title, the
administrative authorities under chapters 1 and 2 of part III
of the Foreign Assistance Act of 1961 shall apply to the
provision of assistance under this title to the same extent and
in the same manner as such authorities apply to the provision
of economic assistance under part I of such Act.
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\20\ 22 U.S.C. 7516.
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(b) Use of the Expertise of Afghan-Americans.--In providing
assistance authorized by this title, the President should--
(1) maximize the use, to the extent feasible, of the
services of Afghan-Americans who have expertise in the
areas for which assistance is authorized by this title;
and
(2) in the awarding of contracts and grants to
implement activities authorized under this title,
encourage the participation of such Afghan-Americans
(including organizations employing a significant number
of such Afghan-Americans).
(c) Donations of Manufacturing Equipment; Use of Colleges
and Universities.--In providing assistance authorized by this
title, the President, to the maximum extent practicable,
should--
(1) encourage the donation of appropriate excess or
obsolete manufacturing and related equipment by United
States businesses (including small businesses) for the
reconstruction of Afghanistan; and
(2) utilize research conducted by United States
colleges and universities and the technical expertise
of professionals within those institutions,
particularly in the areas of agriculture and rural
development.
(d) Administrative Expenses.--Of the funds made available
to carry out the purposes of assistance authorized by this
title in any fiscal year, up to 7 percent may be used for
administrative expenses of Federal departments and agencies in
connection with the provision of such assistance.
(e) Monitoring.--
(1) Comptroller general.--The Comptroller General
shall monitor the provision of assistance under this
title.
(2) Inspector general of usaid.--The Inspector
General of the United States Agency for International
Development shall conduct audits, inspections, and
other activities, as appropriate, associated with the
expenditure of the funds to carry out this title.
(f) Priority for Direct Assistance to the Government of
Afghanistan.--To the maximum extent practicable, assistance
authorized under this title should be provided directly to the
Government of Afghanistan (including any appropriate ministry
thereof).
SEC. 107.\21\ RELATIONSHIP TO OTHER AUTHORITY.
The authority to provide assistance under this title is in
addition to any other authority to provide assistance to the
Government of Afghanistan.
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\21\ 22 U.S.C. 7517.
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SEC. 108.\22\ AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the President to carry out this title (other than section
103(c)) such sums as may be necessary for each of the fiscal
years 2005 and 2006.\23\
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\22\ 22 U.S.C. 7518.
\23\ Sec. 7104(m) of the Afghanistan Freedom Support Act Amendments
of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) struck out
``$1,825,000,000 for fiscal year 2004 and $425,000,000 for each of
fiscal years 2005 and 2006.'' and inserted in lieu thereof ``such sums
as may be necessary for each of the fiscal years 2005 and 2006.''.
Previously, sec. 2214 of Public Law 108-106 (117 Stat. 1232) struck out
``$425,000,000 for each of the fiscal years 2003 through 2006'' and
inserted in lieu thereof ``$1,825,000,000 for fiscal year 2004 and
$425,000,000 for each of fiscal years 2005 and 2006''.
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(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are--
(1) authorized to remain available until expended;
and
(2) in addition to funds otherwise available for such
purposes, including, with respect to food assistance
under section 103(a)(1), funds available under title II
of the Agricultural Trade Development and Assistance
Act of 1954, the Food for Progress Act of 1985, and
section 416(b) of the Agricultural Act of 1949.
TITLE II--MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN OTHER FOREIGN
COUNTRIES AND INTERNATIONAL ORGANIZATIONS
SEC. 201.\24\ SUPPORT FOR SECURITY DURING TRANSITION IN AFGHANISTAN.
It is the sense of Congress that, during the transition to
a broad-based, multi-ethnic, gender-sensitive, fully
representative government in Afghanistan, the United States
should support--
---------------------------------------------------------------------------
\24\ 22 U.S.C. 7531.
---------------------------------------------------------------------------
(1) the development of a civilian-controlled and
centrally-governed standing Afghanistan army that
respects human rights and prohibits the use of children
as soldiers or combatants;
(2) the creation and training of a professional
civilian police force that respects human rights; and
(3) a multinational security force in Afghanistan.
SEC. 202.\25\ AUTHORIZATION OF ASSISTANCE.
(a) Drawdown Authority.--
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\25\ 22 U.S.C. 7532.
Pursuant to sec. 506 of the Foreign Assistance Act of 1961 (Public
Law 87-195) and sec. 202 of this Act, on February 7, 2006, the
President directed ``the drawdown of up to $16.998 million of defense
articles, defense services, and military education and training from
the Department of Defense for the Government of Afghanistan.''
(Presidential Determination No. 2006-10; 71 F.R. 11137).
Similar determinations were made in 2005 for ``the drawdown of up
to $71.502 million (reduced from $88.5 million by Presidential
Determination 2006-10) of defense articles, defense services, and
military education and training from the Department of Defense for the
Government of Afghanistan.'' (Presidential Determination No. 2005-19;
70 F.R. 6549; January 27, 2005); and ``the drawdown of up to $161.5
million of defense articles, defense services, and military education
and training from the Department of Defense for the Islamic Republic of
Afghanistan.'' (Presidential Determination No. 2005-25; 70 F.R. 36807;
June 15, 2005).
Similar determinations were made in 2003 for up to $158 million for
Afghanistan and $7 million for Jordan for its operations in Afghanistan
(Presidential Determination No. 2003-15; 68 F.R. 10651; February 13,
2003); and for $135 million for Afghanistan (Presidential Determination
No. 2004-15; 68 F.R. 75385; December 16, 2003).
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(1) In general.--The President is authorized to
exercise his authorities under section 506 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318) to
direct the drawdown of defense articles, defense
services, and military education and training--
(A) for the Government of Afghanistan, in
accordance with this section; and
(B) for eligible foreign countries, and
eligible international organizations, in
accordance with this section and sections 203
and 205.
(2) Authority to acquire by contract or otherwise.--
The assistance authorized under paragraph (1) may
include the supply of defense articles, defense
services, counter-narcotics, crime control and police
training services, other support, and military
education and training that are acquired by contract or
otherwise.
(b) Amount of Assistance.--The aggregate value (as defined
in section 644(m) of the Foreign Assistance Act of 1961) of
assistance provided under subsection (a) may not exceed
$550,000,000,\26\ except that such limitation shall be
increased by any amounts appropriated pursuant to the
authorization of appropriations in section 204(b)(1) and shall
not count toward any limitation contained in section 506 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318).
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\26\ Sec. 9008 of the Department of Defense Appropriations Act,
2005 (Public Law 108-287; 118 Stat. 1008) struck out ``$450,000,000''
and inserted in lieu thereof ``$550,000,000''. Previously, sec. 2206 of
Public Law 108-106 (117 Stat. 1231) struck out ``$300,000,000'' and
inserted in lieu thereof ``$450,000,000''.
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SEC. 203.\27\ ELIGIBLE FOREIGN COUNTRIES AND ELIGIBLE INTERNATIONAL
ORGANIZATIONS.
(a) In General.--Except as provided in subsection (b), a
foreign country or international organization shall be eligible
to receive assistance under section 202 if--
---------------------------------------------------------------------------
\27\ 22 U.S.C. 7533.
---------------------------------------------------------------------------
(1) such country or organization is participating in
military, peacekeeping, or policing operations in
Afghanistan aimed at restoring or maintaining peace and
security in that country; and
(2) such assistance is provided specifically for such
operations in Afghanistan.
(b) Exception.--No country the government of which has been
determined by the Secretary of State to have repeatedly engaged
in gross violations of human rights, or provided support for
acts of international terrorism under section 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371), section
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C.
App. 2405(j)(1)), or section 40(d) of the Arms Export Control
Act (22 U.S.C. 2780(d)) shall be eligible to receive assistance
under section 202.
SEC. 204.\28\ REIMBURSEMENT FOR ASSISTANCE.
(a) In General.--Defense articles, defense services, and
military education and training provided under section
202(a)(2) shall be made available without reimbursement to the
Department of Defense except to the extent that funds are
appropriated pursuant to the authorization of appropriations in
subsection (b)(1).
---------------------------------------------------------------------------
\28\ 22 U.S.C. 7534.
---------------------------------------------------------------------------
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to the President such sums as may be
necessary to reimburse the applicable appropriation,
fund, or account for the value (as defined in section
644(m) of the Foreign Assistance Act of 1961) of
defense articles, defense services, or military
education and training provided under section
202(a)(2).
(2) Availability.--Amounts appropriated pursuant to
the authorization of appropriations under paragraph (1)
are in addition to amounts otherwise available for the
purposes described in this title.
SEC. 205.\29\ CONGRESSIONAL NOTIFICATION REQUIREMENTS.
(a) Authority.--The President may provide assistance under
this title to any eligible foreign country or eligible
international organization if the President determines that
such assistance is important to the national security interest
of the United States and notifies the Committee on
International Relations and the Committee on Appropriations of
the House of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the Senate of
such determination at least 15 days in advance of providing
such assistance.
---------------------------------------------------------------------------
\29\ 22 U.S.C. 7535.
---------------------------------------------------------------------------
(b) Notification.--The report described in subsection (a)
shall be submitted in classified and unclassified form and
shall include information relating to the type and amount of
assistance proposed to be provided and the actions that the
proposed recipient of such assistance has taken or has
committed to take.
SEC. 206.\30\ PROMOTING SECURE DELIVERY OF HUMANITARIAN AND OTHER
ASSISTANCE IN AFGHANISTAN AND EXPANSION OF THE
INTERNATIONAL SECURITY ASSISTANCE FORCE.
(a) Findings.--Congress finds the following:
---------------------------------------------------------------------------
\30\ 22 U.S.C. 7536.
---------------------------------------------------------------------------
(1) The President has declared his view that the
United States should provide significant assistance to
Afghanistan so that it is no longer a haven for
terrorism.
(2) The delivery of humanitarian and reconstruction
assistance from the international community is
necessary for the safe return of refugees and is
critical to the future stability of Afghanistan.
(3) Enhanced stability in Afghanistan through an
improved security environment is critical to the
functioning of the Government of Afghanistan and the
traditional Afghan assembly or ``Loya Jirga'' process,
which is intended to lead to a permanent national
government in Afghanistan, and also is essential for
the participation of women in Afghan society.
(4) Incidents of violence between armed factions and
local and regional commanders, and serious abuses of
human rights, including attacks on women and ethnic
minorities throughout Afghanistan, create an insecure,
volatile, and unsafe environment in parts of
Afghanistan, displacing thousands of Afghan civilians
from their local communities.
(5)(A) On July 6, Vice President Haji Abdul Qadir was
assassinated in Kabul by unknown assailants.
(B) On September 5, 2002, a car bomb exploded in
Kabul killing 32 and injuring 150 and on the same day a
member of Kandahar Governor Sherzai's security team
attempted to assassinate President Karzai.
(6) The violence and lawlessness may jeopardize the
``Loya Jirga'' process, undermine efforts to build a
strong central government, severely impede
reconstruction and the delivery of humanitarian
assistance, and increase the likelihood that parts of
Afghanistan will once again become safe havens for al-
Qaida, Taliban forces, and drug traffickers.
(7) The lack of security and lawlessness may also
perpetuate the need for United States Armed Forces in
Afghanistan and threaten the ability of the United
States to meet its military objectives.
(8) The International Security Assistance Force in
Afghanistan, currently led by Turkey, and composed of
forces from other willing countries without the
participation of United States Armed Forces, is
deployed only in Kabul and currently does not have the
mandate or the capacity to provide security to other
parts of Afghanistan.
(9) Due to the ongoing military campaign in
Afghanistan, the United States does not contribute
troops to the International Security Assistance Force
but has provided support to other countries that are
doing so.
(10) The United States is providing political,
financial, training, and other assistance to the Afghan
Interim Authority as it begins to build a national army
and police force to help provide security throughout
Afghanistan, but this effort is not meeting the
immediate security needs of Afghanistan.
(11) Because of these immediate security needs, the
Government of Afghanistan, its President, Hamid Karzai,
and many Afghan regional leaders have called for the
International Security Assistance Force, which has
successfully brought stability to Kabul, to be expanded
and deployed throughout the country, and this request
has been strongly supported by a wide range of
international humanitarian organizations, including the
International Committee of the Red Cross, Catholic
Relief Services, and Refugees International.
(b) Statement of Policy.--It should be the policy of the
United States to support measures to help meet the immediate
security needs of Afghanistan in order to promote safe and
effective delivery of humanitarian and other assistance
throughout Afghanistan, further the rule of law and civil
order, and support the formation of a functioning,
representative Afghan national government.
(c) \31\ Implementation of Strategy.--
---------------------------------------------------------------------------
\31\ In a memorandum of July 22, 2003, for the Secretary of State,
the President submitted a report on ``implementation of the strategies
for meeting the immediate and long-term security needs of Afghanistan''
(68 F.R. 53869).
---------------------------------------------------------------------------
(1) Initial report.--Not later than 60 days after the
date of the enactment of this Act, the President shall
provide the Committee on International Relations and
the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations
and the Committee on Appropriations of the Senate
with--
(A) a strategy for meeting the immediate and
long-term security needs of Afghanistan in
order to promote safe and effective delivery of
humanitarian and other assistance throughout
Afghanistan, further the rule of law and civil
order, and support the formation of a
functioning, representative Afghan national
government, including an update to the
strategies submitted pursuant to Public Law
107-206; and
(B) a description of the progress of the
Government of Afghanistan toward the
eradication of poppy cultivation, the
disruption of heroin production, and the
reduction of the overall supply and demand for
illicit narcotics in Afghanistan in accordance
with the provisions of this Act.
(2) \32\ Implementation of strategy.--Every 6 months
after the enactment of this Act through January 1,
2010,\33\ the President shall submit to the
congressional committees specified in paragraph (1) a
report on the implementation of the strategies for
meeting the immediate and long-term security needs of
Afghanistan, which shall include the following
elements--
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\32\ Sec. 7014(h)(1) of the Afghanistan Freedom Support Act
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638)
provided the following:
``(h) United States Policy To Support Disarmament of Private
Militias and Expansion of International Peacekeeping and Security
Operations in Afghanistan.--
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``(1) United states policy relating to disarmament of private militias.--
``(A) In general.--It shall be the policy of the United States to take
immediate steps to provide active support for the disarmament,
demobilization, and reintegration of armed soldiers, particularly child
soldiers, in Afghanistan, in close consultation with the President of
Afghanistan.
``(B) Report.--The report required under section 206(c)(2) of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7536(c)(2)) shall
include a description of the progress to implement paragraph (1).''.
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\33\ Sec. 7104(k)(1) of the Afghanistan Freedom Support Act
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638)
struck out ``2007'' and inserted in lieu thereof ``2010''.
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(A) since the previous report, the progress
in recruiting, training, and deploying an
Afghan National Army and police force,
including the numbers and ethnic composition of
recruits; the number of graduates from military
and police training; the numbers of graduates
retained by the Afghan National Army and police
forces since the previous report; the numbers
of graduates operationally deployed and to
which areas of the country; the degree to which
these graduates are assuming security
responsibilities; whether Afghan army and
police units are establishing effective central
governmental authority over areas of the
country, and which areas; and the numbers of
instances of armed attacks against Afghan
central governmental officials, United States
or international officials, troops or aid
workers, or between the armed forces of
regional leaders;
(B) the degree to which armed regional
leaders are cooperating and integrating with
the central government, providing security and
order within their regions of influence,
engaging in armed conflict or other forms of
competition that are deleterious to peace,
security, and the integration of a unified
Afghanistan under the central government;
(C) the amount of humanitarian relief
provided since the previous report to
returnees, isolated populations and other
vulnerable groups, as well as demining
assistance and landmine survivors
rehabilitation; and the numbers of such persons
not assisted since the previous report;
(D) the steps taken since the previous report
toward national reconstruction, including
establishment of the ministries and other
institutions of the Government of Afghanistan;
(E) the numbers of Civil Affairs Teams
working with regional leaders, as well as the
quick impact infrastructure projects undertaken
by such teams since the previous report;
(F) efforts undertaken since the previous
report to rebuild the justice sector, including
the establishment of a functioning judiciary, a
competent bar, reintegration of women legal
professionals and a reliable penal system, and
the respect for human rights; and
(G) a description of the progress of the
Government of Afghanistan with respect to the
matters described in paragraph (1)(B).
(d) Expansion of the International Security Assistance
Force.--
(1) \34\ Efforts to expand international peacekeeping
and security operations in afghanistan.--
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\34\ Sec. 7104(i) of the Afghanistan Freedom Support Act Amendments
of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) amended and
restated para. (1). It formerly read as follows:
``(1) Sense of congress.--Congress urges the President, in order to
fulfill the objective of establishing security in Afghanistan, to take
all appropriate measures to assist Afghanistan in establishing a secure
environment throughout the country, including by--
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``(A) sponsoring in the United Nations Security Council a resolution
authorizing an expansion of the International Security Assistance Force, or
the establishment of a similar security force; and
``(B) enlisting the European and other allies of the United States to
provide forces for an expansion of the International Security Assistance
Force in Afghanistan, or the establishment of a similar security force.''.
(A) Efforts.--The President shall encourage,
and, as authorized by law, enable other
countries to actively participate in expanded
international peacekeeping and security
operations in Afghanistan, especially through
the provision of military personnel for
extended periods of time.
(B) Reports.--The President shall prepare and
transmit a report on the efforts carried out
pursuant to subparagraph (A) to the Committee
on Foreign Relations of the Senate and the
Committee on International Relations of the
House of Representatives. The first report
under this subparagraph shall be transmitted
not later than 60 days after the date of the
enactment of the Afghanistan Freedom Support
Act Amendments of 2004 and subsequent reports
shall be transmitted every 6 months thereafter
and may be included in the report required by
subsection (c)(2).
(2) Authorization of appropriations.--(A) There is
authorized to be appropriated to the President
$500,000,000 for each of fiscal years 2003 and 2004 to
support the International Security Assistance Force or
the establishment of a similar security force.
(B) Amounts made available under subparagraph (A) may
be appropriated pursuant to chapter 4 of part II of the
Foreign Assistance Act of 1961, section 551 of such
Act, or section 23 of the Arms Export Control Act.
(C) Funds appropriated pursuant to subparagraph (A)
shall be subject to the notification requirements under
section 634A of the Foreign Assistance Act of 1961.
(e) \35\ United States Policy Relating To International
Peacekeeping and Security Operations.--It shall be the policy
of the United States to make every effort to support the
expansion of international peacekeeping and security operations
in Afghanistan in order to--
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\35\ Sec. 7104(h)(2) of the Afghanistan Freedom Support Act
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638)
added subsec. (e).
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(1) increase the area in which security is provided
and undertake vital tasks related to promoting
security, such as disarming warlords, militias, and
irregulars, and disrupting opium production; and
(2) safeguard highways in order to allow the free
flow of commerce and to allow material assistance to
the people of Afghanistan, and aid personnel in
Afghanistan, to move more freely.
SEC. 207.\36\ SENSE OF CONGRESS AND REPORT REGARDING COUNTER-DRUG
EFFORTS IN AFGHANISTAN.
(a) Sense of Congress.--It is the sense of Congress that--
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\36\ 22 U.S.C. 7536a. Added by sec. 7104(j)(2)(B) of the
Afghanistan Freedom Support Act Amendments of 2004 (sec. 7104 of Public
Law 108-458; 118 Stat. 3638).
---------------------------------------------------------------------------
(1) the President should make the substantial
reduction of illegal drug production and trafficking in
Afghanistan a priority in the Global War on Terrorism;
(2) the Secretary of Defense, in coordination with
the Secretary of State and the heads of other
appropriate Federal agencies, should expand cooperation
with the Government of Afghanistan and international
organizations involved in counter-drug activities to
assist in providing a secure environment for counter-
drug personnel in Afghanistan; and
(3) the United States, in conjunction with the
Government of Afghanistan and coalition partners,
should undertake additional efforts to reduce illegal
drug trafficking and related activities that provide
financial support for terrorist organizations in
Afghanistan and neighboring countries.
(b) Report Required.--(1) The Secretary of Defense and the
Secretary of State shall jointly prepare a report that
describes--
(A) the progress made toward substantially reducing
poppy cultivation and heroin production capabilities in
Afghanistan; and
(B) the extent to which profits from illegal drug
activity in Afghanistan are used to financially support
terrorist organizations and groups seeking to undermine
the Government of Afghanistan.
(2) The report required by this subsection shall be
submitted to Congress not later than 120 days after the date of
the enactment of the 9/11 Recommendations Implementation Act.
SEC. 208.\37\ RELATIONSHIP TO OTHER AUTHORITY.
(a) Additional Authority.--The authority to provide
assistance under this title is in addition to any other
authority to provide assistance to the Government of
Afghanistan.
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\37\ 22 U.S.C. 7537. Originally enacted as sec. 207; redesignated
as sec. 208 by sec. 7104(j)(2)(A) of the Afghanistan Freedom Support
Act Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat.
3638).
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(b) Laws Restricting Authority.--Assistance under this
title to the Government of Afghanistan may be provided
notwithstanding section 512 of Public Law 107-115 or any
similar provision of law.
SEC. 209.\38\ SUNSET.
The authority of this title shall expire after September
30, 2006.
---------------------------------------------------------------------------
\38\ 22 U.S.C. 7538. Originally enacted as sec. 208; redesignated
as sec. 209 by sec. 7104(j)(2)(A) of the Afghanistan Freedom Support
Act Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat.
3638).
---------------------------------------------------------------------------
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301.\39\ REQUIREMENT TO COMPLY WITH PROCEDURES RELATING TO THE
PROHIBITION ON ASSISTANCE TO DRUG TRAFFICKERS.
Assistance provided under this Act shall be subject to the
same provisions as are applicable to assistance under the
Foreign Assistance Act of 1961 and the Arms Export Control Act
under section 487 of the Foreign Assistance Act of 1961
(relating to the prohibition on assistance to drug traffickers;
22 U.S.C. 2291f), and the applicable regulations issued under
that section.
---------------------------------------------------------------------------
\39\ 22 U.S.C. 7551.
---------------------------------------------------------------------------
SEC. 302.\40\ SENSE OF CONGRESS REGARDING PROTECTING AFGHANISTAN'S
PRESIDENT.
It is the sense of Congress that--
---------------------------------------------------------------------------
\40\ 22 U.S.C. 7552.
---------------------------------------------------------------------------
(1) any United States physical protection force
provided for the personal security of the President of
Afghanistan should be composed of United States
diplomatic security, law-enforcement, or military
personnel, and should not utilize private contracted
personnel to provide actual physical protection
services;
(2) United States allies should be invited to
volunteer active-duty military or law enforcement
personnel to participate in such a protection force;
and
(3) such a protection force should be limited in
duration and should be succeeded by qualified Afghan
security forces as soon as practicable.
SEC. 303.\41\ DONOR CONTRIBUTIONS TO AFGHANISTAN AND REPORTS.
(a) Findings.--The Congress finds that inadequate amounts
of international assistance promised by donor states at the
Tokyo donors conference and elsewhere have been delivered to
Afghanistan, imperiling the rebuilding and development of civil
society and infrastructure, and endangering peace and security
in that war-torn country.
---------------------------------------------------------------------------
\41\ 22 U.S.C. 7553.
---------------------------------------------------------------------------
(b) Sense of Congress.--It is the sense of Congress that
the United States should use all appropriate diplomatic means
to encourage all states that have pledged assistance to
Afghanistan to deliver as soon as possible the total amount of
assistance pledged.
(c) Reports.--
(1) In general.--The Secretary of State shall submit
reports to the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the
Committee on International Relations and the Committee
on Appropriations of the House of Representatives, in
accordance with this paragraph, on the status of
contributions of assistance from donor states to
Afghanistan. The first report shall be submitted not
later than 60 days after the date of enactment of this
Act, the second report shall be submitted 90 days
thereafter, and subsequent reports shall be submitted
every 180 days thereafter through December 31, 2004.
(2) Further requirements.--Each report, which shall
be unclassified and posted upon the Department of
State's Internet website, shall include, by donor
country, the total amount pledged, the amount delivered
within the previous 60 days, the total amount of
assistance delivered, the type of assistance and type
of projects supported by the assistance.
SEC. 304.\42\ REPORTS.
(a) \43\ In General.--The Secretary of State shall submit
reports to the Committees on Foreign Relations and
Appropriations of the Senate, and the Committees on
International Relations and Appropriations of the House of
Representatives on progress made in accomplishing the
``Purposes of Assistance'' set forth in section 102 of this Act
utilizing assistance provided by the United States for
Afghanistan.
---------------------------------------------------------------------------
\42\ 22 U.S.C. 7554.
\43\ Sec. 7104(e)(3)(A) of the Afghanistan Freedom Support Act
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638)
struck out ``The Secretary'' and inserted in lieu thereof ``(a) In
General.--The Secretary''.
---------------------------------------------------------------------------
(b) \44\ Deadline for Submission.--The first report shall
be submitted in conjunction with reports required under section
303 of this title and thereafter through December 31, 2004.
---------------------------------------------------------------------------
\44\ Sec. 7104(e)(3)(B) of the Afghanistan Freedom Support Act
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638)
struck out ``The first report'' and inserted in lieu thereof ``(b)
Deadline for Submission.--The first report''.
---------------------------------------------------------------------------
(c) \45\ Form of Reports.--Any report or other matter that
is required to be submitted to Congress (including a committee
of Congress) by this Act may contain a classified annex.
---------------------------------------------------------------------------
\45\ Sec. 7104(e)(3)(C) of the Afghanistan Freedom Support Act
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638)
added subsec. (c).
---------------------------------------------------------------------------
SEC. 305.\46\ FORMULATION OF LONG-TERM STRATEGY FOR AFGHANISTAN.
(a) Strategy.--
---------------------------------------------------------------------------
\46\ 22 U.S.C. 7555. Sec. 7104(e)(4)(A) of the Afghanistan Freedom
Support Act Amendments of 2004 (sec. 7104 of Public Law 108-458; 118
Stat. 3638) added sec. 305.
---------------------------------------------------------------------------
(1) In general.--Not later than 180 days after the
date of enactment of this section, the President shall
formulate a 5-year strategy for Afghanistan and submit
such strategy to--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on International Relations
of the House of Representatives;
(C) the Committee on Appropriations of the
Senate; and
(D) the Committee on Appropriations of the
House of Representatives.
(2) Contents.--The strategy formulated under
paragraph (1) shall include specific and measurable
goals for addressing the long-term development and
security needs of Afghanistan, including sectors such
as agriculture and irrigation, parliamentary and
democratic development, the judicial system and rule of
law, human rights, education, health,
telecommunications, electricity, women's rights,
counternarcotics, police, border security, anti-
corruption, and other law-enforcement activities, as
well as the anticipated costs and time frames
associated with achieving those goals.
(b) Monitoring.--
(1) Annual report.--The President shall transmit on
an annual basis through 2010 a report describing the
progress made toward the implementation of the strategy
required by subsection (a) and any changes to the
strategy since the date of the submission of the last
report to--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on International Relations
of the House of Representatives;
(C) the Committee on Appropriations of the
Senate; and
(D) the Committee on Appropriations of the
House of Representatives.
(2) Afghanistan Freedom Support Act Amendments of 2004
Section 7104 of Public Law 108-458 [Intelligence Reform and Terrorism
Prevention Act of 2004; S. 2845], 118 Stat. 3638 at 3780, approved
December 17, 2004
Note.--The Afghanistan Freedom Support Act Amendments
of 2004 amended the Afghanistan Freedom Support Act of
2002. Amendments have been incorporated into that Act.
The remaining freestanding measures are presented here.
SEC. 7104. ASSISTANCE FOR AFGHANISTAN.
(a) \1\ Short Title.--This section may be cited as the
``Afghanistan Freedom Support Act Amendments of 2004''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 7501 note.
---------------------------------------------------------------------------
(b) \2\ Coordination of Assistance.--
---------------------------------------------------------------------------
\2\ 22 U.S.C. 7511 note.
---------------------------------------------------------------------------
(1) Findings.--Consistent with the report of the
National Commission on Terrorist Attacks Upon the
United States, Congress makes the following findings:
(A) The United States and its allies in the
international community have made progress in
promoting economic and political reform within
Afghanistan, including the establishment of a
central government with a democratic
constitution, a new currency, and a new army,
the increase of personal freedom, and the
elevation of the standard of living of many
Afghans.
(B) A number of significant obstacles must be
overcome if Afghanistan is to become a secure
and prosperous democracy, and such a transition
depends in particular upon--
(i) improving security throughout the
country;
(ii) disarming and demobilizing
militias;
(iii) curtailing the rule of the
warlords;
(iv) promoting equitable economic
development;
(v) protecting the human rights of
the people of Afghanistan;
(vi) continuing to hold elections for
public officials; and
(vii) ending the cultivation,
production, and trafficking of
narcotics.
(C) The United States and the international
community must make a long-term commitment to
addressing the unstable security situation in
Afghanistan and the burgeoning narcotics trade,
endemic poverty, and other serious problems in
Afghanistan in order to prevent that country
from relapsing into a sanctuary for
international terrorism.
(2) Sense of congress.--It is the sense of Congress
that the United States Government should take, with
respect to Afghanistan, the following actions:
(A) Work with other nations to obtain long-
term security, political, and financial
commitments and fulfillment of pledges to the
Government of Afghanistan to accomplish the
objectives of the Afghanistan Freedom Support
Act of 2002 (22 U.S.C. 7501 et seq.),
especially to ensure a secure, democratic, and
prosperous Afghanistan that respects the rights
of its citizens and is free of international
terrorist organizations.
(B) Use the voice and vote of the United
States in relevant international organizations,
including the North Atlantic Treaty
Organization and the United Nations Security
Council, to strengthen international
commitments to assist the Government of
Afghanistan in enhancing security, building
national police and military forces, increasing
counter-narcotics efforts, and expanding
infrastructure and public services throughout
the country.
(C) Take appropriate steps to increase the
assistance provided under programs of the
Department of State and the United States
Agency for International Development throughout
Afghanistan and to increase the number of
personnel of those agencies in Afghanistan as
necessary to support the increased assistance.
(c) Coordinator for Assistance.--
(1) \3\ Findings.--Congress makes the following
findings:
---------------------------------------------------------------------------
\3\ 22 U.S.C. 7514 note.
---------------------------------------------------------------------------
(A) The Final Report of the National
Commission on Terrorist Attacks Upon the United
States criticized the provision of United
States assistance to Afghanistan for being too
inflexible.
(B) The Afghanistan Freedom Support Act of
2002 (22 U.S.C. 7501 et seq.) contains
provisions that provide for flexibility in the
provision of assistance for Afghanistan and are
not subject to the requirements of typical
foreign assistance programs and provide for the
designation of a coordinator to oversee United
States assistance for Afghanistan.
(2) * * *
* * * * * * *
(e) General Provisions Relating to the Afghanistan Freedom
Support Act of 2002.--
(1) Assistance to promote economic, political and
social development.--
(A) \4\ Declaration of policy.--Congress
reaffirms the authorities contained in title I
of the Afghanistan Freedom Support Act of 2002
(22 U.S.C. 7501 et seq.), relating to economic
and democratic development assistance for
Afghanistan.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 7513 note.
---------------------------------------------------------------------------
(B) Provision of assistance.--* * *
(2) \5\ Declarations of general policy.--Congress
makes the following declarations:
---------------------------------------------------------------------------
\5\ 22 U.S.C. 7511 note.
---------------------------------------------------------------------------
(A) The United States reaffirms the support
that it and other countries expressed for the
report entitled ``Securing Afghanistan's
Future'' in their Berlin Declaration of April
2004. The United States should help enable the
growth needed to create an economically
sustainable Afghanistan capable of the poverty
reduction and social development foreseen in
the report.
(B) The United States supports the
parliamentary elections to be held in
Afghanistan by April 2005 and will help ensure
that such elections are not undermined,
including by warlords or narcotics traffickers.
(C) The United States continues to urge North
Atlantic Treaty Organization members and other
friendly countries to make much greater
military contributions toward securing the
peace in Afghanistan.
* * * * * * *
(f) Education, the Rule of Law, and Related Issues.--
(1) \6\ Declaration of policy.--Congress declares
that, although Afghanistan has adopted a new
constitution and made progress on primary education,
the United States must invest in a concerted effort in
Afghanistan to improve the rule of law, good
governance, and effective policing, to accelerate work
on secondary and university education systems, and to
establish new initiatives to increase the capacity of
civil society.
---------------------------------------------------------------------------
\6\ 22 U.S.C. 7513 note.
---------------------------------------------------------------------------
* * * * * * *
(h) United States Policy To Support Disarmament of Private
Militias and Expansion of International Peacekeeping and
Security Operations in Afghanistan.--
(1) \7\ United states policy relating to disarmament
of private militias.--
---------------------------------------------------------------------------
\7\ 22 U.S.C. 7536 note.
---------------------------------------------------------------------------
(A) In general.--It shall be the policy of
the United States to take immediate steps to
provide active support for the disarmament,
demobilization, and reintegration of armed
soldiers, particularly child soldiers, in
Afghanistan, in close consultation with the
President of Afghanistan.
(B) Report.--The report required under
section 206(c)(2) of the Afghanistan Freedom
Support Act of 2002 (22 U.S.C. 7536(c)(2))
shall include a description of the progress to
implement paragraph (1).
* * * * * * *
r. Democratic People's Republic of Korea
(1) North Korean Human Rights Act of 2004
Public Law 108-333 [H.R. 4011], 118 Stat. 1287, approved October 18,
2004; as amended by Public Law 108-447 [Consolidated Appropriations
Act, 2005; H.R. 4818], 118 Stat. 2809, approved December 8, 2004; and
Public Law 110-346 [North Korean Human Rights Reauthorization Act of
2008; H.R. 5834], 122 Stat. 3939, approved October 7, 2008
AN ACT To promote human rights and freedom in the Democratic People's
Republic of Korea, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``North Korean Human Rights
Act of 2004''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 7801 note.
---------------------------------------------------------------------------
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Page
Sec. 1. Short title............................................... 769
Sec. 2. Table of contents......................................... 769
Sec. 3. Findings.................................................. 769
Sec. 4. Purposes.................................................. 772
Sec. 5. Definitions............................................... 772
TITLE I--PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS
Sec. 101. Sense of Congress regarding negotiations with North
Korea......................................................... 773
Sec. 102. Support for human rights and democracy programs......... 773
Sec. 103. Radio broadcasting to North Korea....................... 773
Sec. 104. Actions to promote freedom of information............... 774
Sec. 105. United Nations Commission on Human Rights............... 774
Sec. 106. Establishment of regional framework..................... 774
Sec. 107. Special Envoy on Human Rights in North Korea............ 775
TITLE II--ASSISTING NORTH KOREANS IN NEED
Sec. 201. Report on United States humanitarian assistance......... 776
Sec. 202. Assistance provided inside North Korea.................. 776
Sec. 203. Assistance provided outside of North Korea.............. 777
TITLE III--PROTECTING NORTH KOREAN REFUGEES
Sec. 301. United States policy toward refugees and defectors...... 778
Sec. 302. Eligibility for refugee or asylum consideration......... 779
Sec. 303. Facilitating submission of applications for admission as
a refugee..................................................... 779
Sec. 304. United Nations High Commissioner for Refugees........... 779
Sec. 305. Annual reports.......................................... 780
SEC. 3.\2\ FINDINGS.
Congress makes the following findings:
---------------------------------------------------------------------------
\2\ 22 U.S.C. 7801.
---------------------------------------------------------------------------
(1) According to the Department of State, the
Government of North Korea is ``a dictatorship under the
absolute rule of Kim Jong Il'' that continues to commit
numerous, serious human rights abuses.
(2) The Government of North Korea attempts to control
all information, artistic expression, academic works,
and media activity inside North Korea and strictly
curtails freedom of speech and access to foreign
broadcasts.
(3) The Government of North Korea subjects all its
citizens to systematic, intensive political and
ideological indoctrination in support of the cult of
personality glorifying Kim Jong Il and the late Kim Il
Sung that approaches the level of a state religion.
(4) The Government of North Korea divides its
population into categories, based on perceived loyalty
to the leadership, which determines access to food,
employment, higher education, place of residence,
medical facilities, and other resources.
(5) According to the Department of State, ``[t]he
[North Korean] Penal Code is [d]raconian, stipulating
capital punishment and confiscation of assets for a
wide variety of `crimes against the revolution,'
including defection, attempted defection, slander of
the policies of the Party or State, listening to
foreign broadcasts, writing `reactionary' letters, and
possessing reactionary printed matter''.
(6) The Government of North Korea executes political
prisoners, opponents of the regime, some repatriated
defectors, some members of underground churches, and
others, sometimes at public meetings attended by
workers, students, and schoolchildren.
(7) The Government of North Korea holds an estimated
200,000 political prisoners in camps that its State
Security Agency manages through the use of forced
labor, beatings, torture, and executions, and in which
many prisoners also die from disease, starvation, and
exposure.
(8) According to eyewitness testimony provided to the
United States Congress by North Korean camp survivors,
camp inmates have been used as sources of slave labor
for the production of export goods, as targets for
martial arts practice, and as experimental victims in
the testing of chemical and biological poisons.
(9) According to credible reports, including
eyewitness testimony provided to the United States
Congress, North Korean Government officials prohibit
live births in prison camps, and forced abortion and
the killing of newborn babies are standard prison
practices.
(10) According to the Department of State,
``[g]enuine religious freedom does not exist in North
Korea'' and, according to the United States Commission
on International Religious Freedom, ``[t]he North
Korean state severely represses public and private
religious activities'' with penalties that reportedly
include arrest, imprisonment, torture, and sometimes
execution.
(11) More than 2,000,000 North Koreans are estimated
to have died of starvation since the early 1990s
because of the failure of the centralized agricultural
and public distribution systems operated by the
Government of North Korea.
(12) According to a 2002 United Nations-European
Union survey, nearly one out of every ten children in
North Korea suffers from acute malnutrition and four
out of every ten children in North Korea are
chronically malnourished.
(13) Since 1995, the United States has provided more
than 2,000,000 tons of humanitarian food assistance to
the people of North Korea, primarily through the World
Food Program.
(14) Although United States food assistance has
undoubtedly saved many North Korean lives and there
have been minor improvements in transparency relating
to the distribution of such assistance in North Korea,
the Government of North Korea continues to deny the
World Food Program forms of access necessary to
properly monitor the delivery of food aid, including
the ability to conduct random site visits, the use of
native Korean-speaking employees, and travel access
throughout North Korea.
(15) The risk of starvation, the threat of
persecution, and the lack of freedom and opportunity in
North Korea have caused large numbers, perhaps even
hundreds of thousands, of North Koreans to flee their
homeland, primarily into China.
(16) North Korean women and girls, particularly those
who have fled into China, are at risk of being
kidnapped, trafficked, and sexually exploited inside
China, where many are sold as brides or concubines, or
forced to work as prostitutes.
(17) The Governments of China and North Korea have
been conducting aggressive campaigns to locate North
Koreans who are in China without permission and to
forcibly return them to North Korea, where they
routinely face torture and imprisonment, and sometimes
execution.
(18) Despite China's obligations as a party to the
1951 United Nations Convention Relating to the Status
of Refugees and the 1967 Protocol Relating to the
Status of Refugees, China routinely classifies North
Koreans seeking asylum in China as mere ``economic
migrants'' and returns them to North Korea without
regard to the serious threat of persecution they face
upon their return.
(19) The Government of China does not provide North
Koreans whose asylum requests are rejected a right to
have the rejection reviewed prior to deportation
despite its obligations under the 1951 United Nations
Convention Relating to the Status of Refugees and the
1967 Protocol Relating to the Status of Refugees.
(20) North Koreans who seek asylum while in China are
routinely imprisoned and tortured, and in some cases
killed, after they are returned to North Korea.
(21) The Government of China has detained, convicted,
and imprisoned foreign aid workers attempting to assist
North Korean refugees in proceedings that did not
comply with Chinese law or international standards.
(22) In January 2000, North Korean agents inside
China allegedly abducted the Reverend Kim Dong-shik, a
United States permanent resident and advocate for North
Korean refugees, whose condition and whereabouts remain
unknown.
(23) Between 1994 and 2003, South Korea has admitted
approximately 3,800 North Korean refugees for domestic
resettlement, a number that is small in comparison with
the total number of North Korean escapees but far
greater than the number legally admitted in any other
country.
(24) Although the principal responsibility for North
Korean refugee resettlement naturally falls to the
Government of South Korea, the United States should
play a leadership role in focusing international
attention on the plight of these refugees, and
formulating international solutions to that profound
humanitarian dilemma.
(25) In addition to infringing the rights of its own
citizens, the Government of North Korea has been
responsible in years past for the abduction of numerous
citizens of South Korea and Japan, whose condition and
whereabouts remain unknown.
SEC. 4.\3\ PURPOSES.
The purposes of this Act are--
---------------------------------------------------------------------------
\3\ 22 U.S.C. 7802.
---------------------------------------------------------------------------
(1) to promote respect for and protection of
fundamental human rights in North Korea;
(2) to promote a more durable humanitarian solution
to the plight of North Korean refugees;
(3) to promote increased monitoring, access, and
transparency in the provision of humanitarian
assistance inside North Korea;
(4) to promote the free flow of information into and
out of North Korea; and
(5) to promote progress toward the peaceful
reunification of the Korean peninsula under a
democratic system of government.
SEC. 5.\4\ DEFINITIONS.
In this Act:
---------------------------------------------------------------------------
\4\ 22 U.S.C. 7803.
---------------------------------------------------------------------------
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs \5\ of
the House of Representatives; and
---------------------------------------------------------------------------
\5\ Sec. 4 of the North Korean Human Rights Reauthorization Act of
2008 (Public Law 110-346; 122 Stat. 3941) struck out ``International
Relations'' and inserted in lieu thereof ``Foreign Affairs''.
---------------------------------------------------------------------------
(B) the Committee on Foreign Relations of the
Senate.
(2) China.--The term ``China'' means the People's
Republic of China.
(3) Humanitarian assistance.--The term ``humanitarian
assistance'' means assistance to meet humanitarian
needs, including needs for food, medicine, medical
supplies, clothing, and shelter.
(4) North korea.--The term ``North Korea'' means the
Democratic People's Republic of Korea.
(5) North koreans.--The term ``North Koreans'' means
persons who are citizens or nationals of North Korea.
(6) South korea.--The term ``South Korea'' means the
Republic of Korea.
TITLE I--PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS
SEC. 101.\6\ SENSE OF CONGRESS REGARDING NEGOTIATIONS WITH NORTH KOREA.
It is the sense of Congress that the human rights of North
Koreans should remain a key element in future negotiations
between the United States, North Korea, and other concerned
parties in Northeast Asia.
---------------------------------------------------------------------------
\6\ 22 U.S.C. 7811.
---------------------------------------------------------------------------
SEC. 102.\7\ SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS.
(a) Support.--The President is authorized to provide grants
to private, nonprofit organizations to support programs that
promote human rights, democracy, rule of law, and the
development of a market economy in North Korea. Such programs
may include appropriate educational and cultural exchange
programs with North Korean participants, to the extent not
otherwise prohibited by law.
---------------------------------------------------------------------------
\7\ 22 U.S.C. 7812.
---------------------------------------------------------------------------
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to the President $2,000,000 for each of
the fiscal years 2005 through 2008 and $2,000,000 for
each of fiscal years 2009 through 2012 \8\ to carry out
this section.
---------------------------------------------------------------------------
\8\ Sec. 5 of the North Korean Human Rights Reauthorization Act of
2008 (Public Law 110-346; 122 Stat. 3941) inserted ``and $2,000,000 for
each of fiscal years 2009 through 2012'' after ``2008''.
---------------------------------------------------------------------------
(2) Availability.--Amounts appropriated pursuant to
the authorization of appropriations under paragraph (1)
are authorized to remain available until expended.
SEC. 103.\9\ RADIO BROADCASTING TO NORTH KOREA.
(a) Sense of Congress.--It is the sense of Congress that
the United States should facilitate the unhindered
dissemination of information in North Korea by increasing its
support for radio broadcasting to North Korea, and that the
Broadcasting Board of Governors should increase broadcasts to
North Korea from current levels, with a goal of providing 12-
hour-per-day broadcasting to North Korea, including broadcasts
by Radio Free Asia and Voice of America.
---------------------------------------------------------------------------
\9\ 22 U.S.C. 7813. Sec. 6 of the North Korean Human Rights
Reauthorization Act of 2008 (Public Law 110-346; 122 Stat. 3941)
provided the following:
---------------------------------------------------------------------------
``sec. 6. radio broadcasting to north korea.
---------------------------------------------------------------------------
``Not later than 120 days after the date of the enactment of this
Act, the Broadcasting Board of Governors (BBG) shall submit to the
appropriate congressional committees, as defined in section 5(1) of the
North Korean Human Rights Act of 2004 (22 U.S.C. 7803(1)), a report
that describes the status and content of current United States
broadcasting to North Korea and the extent to which the BBG has
achieved the goal of 12-hour-per-day broadcasting to North Korea
pursuant to section 103 of such Act (22 U.S.C. 7813).''.
---------------------------------------------------------------------------
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Broadcasting Board of Governors
shall submit to the appropriate congressional committees a
report that--
(1) describes the status of current United States
broadcasting to North Korea; and
(2) outlines a plan for increasing such broadcasts to
12 hours per day, including a detailed description of
the technical and fiscal requirements necessary to
implement the plan.
SEC. 104.\10\ ACTIONS TO PROMOTE FREEDOM OF INFORMATION.
(a) Actions.--The President is authorized to take such
actions as may be necessary to increase the availability of
information inside North Korea by increasing the availability
of sources of information not controlled by the Government of
North Korea, including sources such as radios capable of
receiving broadcasting from outside North Korea.
---------------------------------------------------------------------------
\10\ 22 U.S.C. 7814.
---------------------------------------------------------------------------
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to the President $2,000,000 for each of
the fiscal years 2005 through 2012 \11\ to carry out
subsection (a).
---------------------------------------------------------------------------
\11\ Sec. 7(1) of the North Korean Human Rights Reauthorization Act
of 2008 (Public Law 110-346; 122 Stat. 3941) struck out ``2008'' and
inserted in lieu thereof ``2012''.
---------------------------------------------------------------------------
(2) Availability.--Amounts appropriated pursuant to
the authorization of appropriations under paragraph (1)
are authorized to remain available until expended.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually through 2012,\12\ the
Secretary of State, after consultation with the heads of other
appropriate Federal departments and agencies, shall submit to
the appropriate congressional committees a report, in
classified form, on actions taken pursuant to this section.
---------------------------------------------------------------------------
\12\ Sec. 7(2) of the North Korean Human Rights Reauthorization Act
of 2008 (Public Law 110-346; 122 Stat. 3941) struck out ``in each of
the 3 years thereafter'' and inserted in lieu thereof ``annually
through 2012''.
---------------------------------------------------------------------------
SEC. 105.\13\ UNITED NATIONS COMMISSION ON HUMAN RIGHTS.
It is the sense of Congress that the United Nations has a
significant role to play in promoting and improving human
rights in North Korea, and that--
---------------------------------------------------------------------------
\13\ 22 U.S.C. 7815.
---------------------------------------------------------------------------
(1) the United Nations Commission on Human Rights
(UNCHR) has taken positive steps by adopting Resolution
2003/10 and Resolution 2004/13 on the situation of
human rights in North Korea, and particularly by
requesting the appointment of a Special Rapporteur on
the situation of human rights in North Korea; and
(2) the severe human rights violations within North
Korea warrant country-specific attention and reporting
by the United Nations Working Group on Arbitrary
Detention, the Working Group on Enforced and
Involuntary Disappearances, the Special Rapporteur on
Extrajudicial, Summary, or Arbitrary Executions, the
Special Rapporteur on the Right to Food, the Special
Rapporteur on the Promotion and Protection of the Right
to Freedom of Opinion and Expression, the Special
Rapporteur on Freedom of Religion or Belief, and the
Special Rapporteur on Violence Against Women.
SEC. 106.\14\ ESTABLISHMENT OF REGIONAL FRAMEWORK.
(a) Findings.--The Congress finds that human rights
initiatives can be undertaken on a multilateral basis, such as
the Organization for Security and Cooperation in Europe (OSCE),
which established a regional framework for discussing human
rights, scientific and educational cooperation, and economic
and trade issues.
---------------------------------------------------------------------------
\14\ 22 U.S.C. 7816.
---------------------------------------------------------------------------
(b) Sense of Congress.--It is the sense of Congress that
the United Sates should explore the possibility of a regional
human rights dialogue with North Korea that is modeled on the
Helsinki process, engaging all countries in the region in a
common commitment to respect human rights and fundamental
freedoms.
SEC. 107.\15\ SPECIAL ENVOY ON NORTH KOREAN HUMAN RIGHTS ISSUES.
(a) Special Envoy.--The President shall appoint a special
envoy for North Korean human rights issues \16\ within the
Department of State (hereafter in this section referred to as
the ``Special Envoy''), by and with the advice and consent of
the Senate.\17\ The Special Envoy should be a person of
recognized distinction in the field of human rights who shall
have the rank of ambassador and shall hold the office at the
pleasure of the President.\18\
---------------------------------------------------------------------------
\15\ 22 U.S.C. 7817. Sec. 8(1) of the North Korean Human Rights
Reauthorization Act of 2008 (Public Law 110-346; 122 Stat. 3941) struck
out ``human rights in north korea'' in the section catchline and
inserted in lieu thereof ``north korean human rights''.
\16\ Sec. 8(2)(A)(i) of the North Korean Human Rights
Reauthorization Act of 2008 (Public Law 110-346; 122 Stat. 3941) struck
out ``human rights in North Korea'' and inserted in lieu thereof
``North Korean human rights issues''.
\17\ Sec. 8(2)(A)(ii) of the North Korean Human Rights
Reauthorization Act of 2008 (Public Law 110-346; 122 Stat. 3942)
inserted ``, by and with the advice and consent of the Senate'' at the
end of the sentence.
\18\ Sec. 8(2)(B) of the North Korean Human Rights Reauthorization
Act of 2008 (Public Law 110-346; 122 Stat. 3942) inserted ``who shall
have the rank of ambassador and shall hold the office at the pleasure
of the President''.
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(b) Central Objective.--The central objective of the
Special Envoy is to coordinate and promote efforts to improve
respect for the fundamental human rights of the people of North
Korea, including, in coordination with the Bureau of
Population, Refugees, and Migration, the protection of those
people who have fled as refugees.\19\
---------------------------------------------------------------------------
\19\ Sec. 8(3) of the North Korean Human Rights Reauthorization Act
of 2008 (Public Law 110-346; 122 Stat. 3942) inserted ``, including, in
coordination with the Bureau of Population, Refugees, and Migration,
the protection of those people who have fled as refugees''.
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(c) Duties and Responsibilities.--The Special Envoy shall--
(1) \20\ participate in the formulation and the
implementation of activities carried out pursuant to
this Act;
---------------------------------------------------------------------------
\20\ Sec. 8(4)(A) and (B) of the North Korean Human Rights
Reauthorization Act of 2008 (Public Law 110-346; 122 Stat. 3942)
redesignated paras. (1) through (6) as paras. (2) through (7),
respectively, and added a new para. (1).
---------------------------------------------------------------------------
(2) \20\ engage in discussions with North Korean
officials regarding human rights;
(3) \20\ support international efforts to promote
human rights and political freedoms in North Korea,
including coordination and dialogue between the United
States and the United Nations, the European Union,
North Korea, and the other countries in Northeast Asia;
(4) \20\ consult with non-governmental organizations
who have attempted to address human rights in North
Korea;
(5) \20\ make recommendations regarding the funding
of activities authorized in sections 102 and 104; \21\
---------------------------------------------------------------------------
\21\ Sec. 8(4)(C) of the North Korean Human Rights Reauthorization
Act of 2008 (Public Law 110-346; 122 Stat. 3942) struck out ``section
102'' and inserted in lieu thereof ``sections 102 and 104''.
---------------------------------------------------------------------------
(6) \20\ review strategies for improving protection
of human rights in North Korea, including technical
training and exchange programs; and
(7) \20\ develop an action plan for supporting
implementation of the United Nations Commission on
Human Rights Resolution 2004/13.
(d) Report on Activities.--Not later than 180 days after
the date of the enactment of this Act, and annually thereafter
through 2012,\22\ the Special Envoy shall submit to the
appropriate congressional committees a report on the activities
undertaken in the preceding 12 months under subsection (c).
---------------------------------------------------------------------------
\22\ Sec. 8(5) of the North Korean Human Rights Reauthorization Act
of 2008 (Public Law 110-346; 122 Stat. 3942) struck out ``for the
subsequent 5 year-period'' and inserted in lieu thereof ``thereafter
through 2012''.
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TITLE II--ASSISTING NORTH KOREANS IN NEED
SEC. 201.\23\ REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter through
2012,\24\ the Administrator of the United States Agency for
International Development, in conjunction with the Secretary of
State, shall submit to the appropriate congressional committees
a report that describes--
---------------------------------------------------------------------------
\23\ 22 U.S.C. 7831.
\24\ Sec. 9 of the North Korean Human Rights Reauthorization Act of
2008 (Public Law 110-346; 122 Stat. 3942) struck out ``in each of the 2
years thereafter'' and inserted in lieu thereof ``annually thereafter
through 2012''.
---------------------------------------------------------------------------
(1) all activities to provide humanitarian assistance
inside North Korea, and to North Koreans outside of
North Korea, that receive United States funding;
(2) any improvements in humanitarian transparency,
monitoring, and access inside North Korea during the
previous 1-year period, including progress toward
meeting the conditions identified in subparagraphs (A)
through (D) of section 202(b); \25\ and
---------------------------------------------------------------------------
\25\ Sec. 534(j) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (division D of Public Law
108-447; 118 Stat. 2809), struck out ``paragraphs (1) through (4) of
section 202(b)'' and inserted in lieu thereof ``subparagraphs (A)
through (D) of section 202(b)''.
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(3) specific efforts to secure improved humanitarian
transparency, monitoring, and access inside North Korea
made by the United States and United States grantees,
including the World Food Program, during the previous
1-year period.
(b) Form.--The information required by subsection (a)(1)
may be provided in classified form if necessary.
SEC. 202.\26\ ASSISTANCE PROVIDED INSIDE NORTH KOREA.
(a) Humanitarian Assistance Through Nongovernmental and
International Organizations.--It is the sense of the Congress
that--
---------------------------------------------------------------------------
\26\ 22 U.S.C. 7832.
---------------------------------------------------------------------------
(1) at the same time that Congress supports the
provision of humanitarian assistance to the people of
North Korea on humanitarian grounds, such assistance
also should be provided and monitored so as to minimize
the possibility that such assistance could be diverted
to political or military use, and to maximize the
likelihood that it will reach the most vulnerable North
Koreans;
(2) significant increases above current levels of
United States support for humanitarian assistance
provided inside North Korea should be conditioned upon
substantial improvements in transparency, monitoring,
and access to vulnerable populations throughout North
Korea; and
(3) the United States should encourage other
countries that provide food and other humanitarian
assistance to North Korea to do so through monitored,
transparent channels, rather than through direct,
bilateral transfers to the Government of North Korea.
(b) United States Assistance to the Government of North
Korea.--It is the sense of Congress that--
(1) United States humanitarian assistance to any
department, agency, or entity of the Government of
North Korea shall--
(A) be delivered, distributed, and monitored
according to internationally recognized
humanitarian standards;
(B) be provided on a needs basis, and not
used as a political reward or tool of coercion;
(C) reach the intended beneficiaries, who
should be informed of the source of the
assistance; and
(D) be made available to all vulnerable
groups in North Korea, no matter where in the
country they may be located; and
(2) United States nonhumanitarian assistance to North
Korea shall be contingent on North Korea's substantial
progress toward--
(A) respect for the basic human rights of the
people of North Korea, including freedom of
religion;
(B) providing for family reunification
between North Koreans and their descendants and
relatives in the United States;
(C) fully disclosing all information
regarding citizens of Japan and the Republic of
Korea abducted by the Government of North
Korea;
(D) allowing such abductees, along with their
families, complete and genuine freedom to leave
North Korea and return to the abductees'
original home countries;
(E) reforming the North Korean prison and
labor camp system, and subjecting such reforms
to independent international monitoring; and
(F) decriminalizing political expression and
activity.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Agency for
International Development shall submit to the appropriate
congressional committees a report describing compliance with
this section.
SEC. 203.\27\ ASSISTANCE PROVIDED OUTSIDE OF NORTH KOREA.
(a) Assistance.--The President is authorized to provide
assistance to support organizations or persons that provide
humanitarian assistance to North Koreans who are outside of
North Korea without the permission of the Government of North
Korea.
---------------------------------------------------------------------------
\27\ 22 U.S.C. 7833.
---------------------------------------------------------------------------
(b) Types of Assistance.--Assistance provided under
subsection (a) should be used to provide--
(1) humanitarian assistance to North Korean refugees,
defectors, migrants, and orphans outside of North
Korea, which may include support for refugee camps or
temporary settlements; and
(2) humanitarian assistance to North Korean women
outside of North Korea who are victims of trafficking,
as defined in section 103(14) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102(14)), or
are in danger of being trafficked.
(c) Authorization of Appropriations.--
(1) In general.--In addition to funds otherwise
available for such purposes, there are authorized to be
appropriated to the President $20,000,000 for each of
the fiscal years 2005 through 2012 \28\ to carry out
this section.
---------------------------------------------------------------------------
\28\ Sec. 10 of the North Korean Human Rights Reauthorization Act
of 2008 (Public Law 110-346; 122 Stat. 3942) struck out ``2008'' and
inserted in lieu thereof ``2012''.
---------------------------------------------------------------------------
(2) Availability.--Amounts appropriated pursuant to
the authorization of appropriations under paragraph (1)
are authorized to remain available until expended.
TITLE III--PROTECTING NORTH KOREAN REFUGEES
SEC. 301.\29\ UNITED STATES POLICY TOWARD REFUGEES AND DEFECTORS.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State, in consultation
with the heads of other appropriate Federal departments and
agencies, shall submit to the appropriate congressional
committees and the Committees on the Judiciary of the House of
Representatives and the Senate a report that describes the
situation of North Korean refugees and explains United States
Government policy toward North Korean nationals outside of
North Korea.
---------------------------------------------------------------------------
\29\ 22 U.S.C. 7841.
---------------------------------------------------------------------------
(b) Contents.--The report shall include--
(1) an assessment of the circumstances facing
North Korean refugees and migrants in hiding,
particularly in China, and of the circumstances
they face if forcibly returned to North Korea;
(2) an assessment of whether North Koreans in
China have effective access to personnel of the
United Nations High Commissioner for Refugees,
and of whether the Government of China is
fulfilling its obligations under the 1951
Convention Relating to the Status of Refugees,
particularly Articles 31, 32, and 33 of such
Convention;
(3) an assessment of whether North Koreans
presently have unobstructed access to United
States refugee and asylum processing, and of
United States policy toward North Koreans who
may present themselves at United States
embassies or consulates and request protection
as refugees or asylum seekers and resettlement
in the United States;
(4) the total number of North Koreans who
have been admitted into the United States as
refugees or asylees in each of the past 5
years;
(5) an estimate of the number of North
Koreans with family connections to United
States citizens; and
(6) a description of the measures that the
Secretary of State is taking to carry out
section 303.
(c) Form.--The information required by paragraphs (1)
through (5) of subsection (b) shall be provided in unclassified
form. All or part of the information required by subsection
(b)(6) may be provided in classified form, if necessary.
SEC. 302.\30\ ELIGIBILITY FOR REFUGEE OR ASYLUM CONSIDERATION.
(a) Purpose.--The purpose of this section is to clarify
that North Koreans are not barred from eligibility for refugee
status or asylum in the United States on account of any legal
right to citizenship they may enjoy under the Constitution of
the Republic of Korea. It is not intended in any way to
prejudice whatever rights to citizenship North Koreans may
enjoy under the Constitution of the Republic of Korea, or to
apply to former North Korean nationals who have availed
themselves of those rights.
---------------------------------------------------------------------------
\30\ 22 U.S.C. 7842.
---------------------------------------------------------------------------
(b) Treatment of Nationals of North Korea.--For purposes of
eligibility for refugee status under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157), or for asylum
under section 208 of such Act (8 U.S.C. 1158), a national of
the Democratic People's Republic of Korea shall not be
considered a national of the Republic of Korea.
SEC. 303.\31\ FACILITATING SUBMISSION OF APPLICATIONS FOR ADMISSION AS
A REFUGEE.
The Secretary of State shall undertake to facilitate the
submission of applications under section 207 of the Immigration
and Nationality Act (8 U.S.C. 1157) by citizens of North Korea
seeking protection as refugees (as defined in section
101(a)(42) of such Act (8 U.S.C. 1101(a)(42)).
---------------------------------------------------------------------------
\31\ 22 U.S.C. 7843.
---------------------------------------------------------------------------
SEC. 304.\32\ UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES.
(a) Actions in China.--It is the sense of Congress that--
---------------------------------------------------------------------------
\32\ 22 U.S.C. 7844.
---------------------------------------------------------------------------
(1) the Government of China has obligated itself to
provide the United Nations High Commissioner for
Refugees (UNHCR) with unimpeded access to North Koreans
inside its borders to enable the UNHCR to determine
whether they are refugees and whether they require
assistance, pursuant to the 1951 United Nations
Convention Relating to the Status of Refugees, the 1967
Protocol Relating to the Status of Refugees, and
Article III, paragraph 5 of the 1995 Agreement on the
Upgrading of the UNHCR Mission in the People's Republic
of China to UNHCR Branch Office in the People's
Republic of China (referred to in this section as the
``UNHCR Mission Agreement'');
(2) the United States, other UNHCR donor governments,
and UNHCR should persistently and at the highest levels
continue to urge the Government of China to abide by
its previous commitments to allow UNHCR unimpeded
access to North Korean refugees inside China;
(3) the UNHCR, in order to effectively carry out its
mandate to protect refugees, should liberally employ as
professionals or Experts on Mission persons with
significant experience in humanitarian assistance work
among displaced North Koreans in China;
(4) the UNHCR, in order to effectively carry out its
mandate to protect refugees, should liberally contract
with appropriate nongovernmental organizations that
have a proven record of providing humanitarian
assistance to displaced North Koreans in China;
(5) the UNHCR should pursue a multilateral agreement
to adopt an effective ``first asylum'' policy that
guarantees safe haven and assistance to North Korean
refugees; and
(6) should the Government of China begin actively
fulfilling its obligations toward North Korean
refugees, all countries, including the United States,
and relevant international organizations should
increase levels of humanitarian assistance provided
inside China to help defray costs associated with the
North Korean refugee presence.
(b) Arbitration Proceedings.--It is further the sense of
Congress that--
(1) if the Government of China continues to refuse to
provide the UNHCR with access to North Koreans within
its borders, the UNHCR should initiate arbitration
proceedings pursuant to Article XVI of the UNHCR
Mission Agreement and appoint an arbitrator for the
UNHCR; and
(2) because access to refugees is essential to the
UNHCR mandate and to the purpose of a UNHCR branch
office, a failure to assert those arbitration rights in
present circumstances would constitute a significant
abdication by the UNHCR of one of its core
responsibilities.
SEC. 305.\33\ ANNUAL REPORTS.
(a) \34\ Immigration and Refugee Information.--Not later
than 1 year after the date of the enactment of this Act, and
every 12 months thereafter through 2012,\35\ the Secretary of
State and the Secretary of Homeland Security shall submit a
joint report to the appropriate congressional committees and
the Committees on the Judiciary of the House of Representatives
and the Senate on the operation of this title during the
previous year, which shall include the following--\36\
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\33\ 22 U.S.C. 7845.
\34\ Sec. 11(1) of the North Korean Human Rights Reauthorization
Act of 2008 (Public Law 110-346; 122 Stat. 3942) inserted ``and
Refugee'' in the subsection heading.
\35\ Sec. 11(2)(A) of the North Korean Human Rights Reauthorization
Act of 2008 (Public Law 110-346; 122 Stat. 3942) struck out ``for each
of the following 5 years'' and inserted in lieu thereof ``through
2012''.
\36\ Sec. 11(2)(B) of the North Korean Human Rights Reauthorization
Act of 2008 (Public Law 110-346; 122 Stat. 3942) struck out ``which
shall include--'' and inserted in lieu thereof ``which shall include
the following--''.
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(1) The number of aliens \37\ who are nationals or
citizens of North Korea who applied for political
asylum and the number who were granted political
asylum.\38\
---------------------------------------------------------------------------
\37\ Sec. 11(3)(A) of the North Korean Human Rights Reauthorization
Act of 2008 (Public Law 110-346; 122 Stat. 3942) struck out ``the
number of aliens'' and inserted in lieu thereof ``The number of
aliens''.
\38\ Sec. 11(3)(B) of the North Korean Human Rights Reauthorization
Act of 2008 (Public Law 110-346; 122 Stat. 3942) struck out ``; and''
at the end of para. (1) and inserted in lieu thereof a period.
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(2) The number of aliens \39\ who are nationals or
citizens of North Korea who applied for refugee status
and the number who were granted refugee status.
---------------------------------------------------------------------------
\39\ Sec. 11(4) of the North Korean Human Rights Reauthorization
Act of 2008 (Public Law 110-346; 122 Stat. 3942) struck out ``the
number of aliens'' and inserted in lieu thereof ``The number of
aliens''.
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(3) \40\ A detailed description of the measures
undertaken by the Secretary of State to carry out
section 303, including country-specific information
with respect to United States efforts to secure the
cooperation and permission of the governments of
countries in East and Southeast Asia to facilitate
United States processing of North Koreans seeking
protection as refugees. The information required under
this paragraph shall be provided in unclassified form,
with a classified annex, if necessary.
---------------------------------------------------------------------------
\40\ Sec. 11(5) of the North Korean Human Rights Reauthorization
Act of 2008 (Public Law 110-346; 122 Stat. 3942) inserted para. (3).
---------------------------------------------------------------------------
(b) Countries of Particular Concern.--The President shall
include in each annual report on proposed refugee admission
pursuant to section 207(d) of the Immigration and Nationality
Act (8 U.S.C. 1157(d)), information about specific measures
taken to facilitate access to the United States refugee program
for individuals who have fled countries of particular concern
for violations of religious freedom, identified pursuant to
section 402(b) of the International Religious Freedom Act of
1998 (22 U.S.C. 6442(b)). The report shall include, for each
country of particular concern, a description of access of the
nationals or former habitual residents of that country to a
refugee determination on the basis of--
(1) referrals by external agencies to a refugee
adjudication;
(2) groups deemed to be of special humanitarian
concern to the United States for purposes of refugee
resettlement; and
(3) family links to the United States.
(2) North Korean Human Rights Reauthorization Act of 2008
Partial text of Public Law 110-346 [H.R. 5834], 122 Stat. 3939,
approved October 7, 2008
AN ACT To amend the North Korean Human Rights Act of 2004 to promote
respect for the fundamental human rights of the people of North Korea,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Note.--The North Korean Human Rights Reauthorization
Act of 2008 amended the North Korean Human Rights Act
of 2004. Amendments have been incorporated into that
Act. The remaining freestanding measures are presented
here.
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``North Korean Human Rights
Reauthorization Act of 2008''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 7801 note.
---------------------------------------------------------------------------
SEC. 2.\1\ FINDINGS.
Congress finds the following:
(1) The North Korean Human Rights Act of 2004 (Public
Law 108-333; 22 U.S.C. 7801 et seq.) (in this section
referred to as ``the Act'') was the product of broad,
bipartisan consensus in Congress regarding the
promotion of human rights, transparency in the delivery
of humanitarian assistance, and refugee protection.
(2) In addition to the longstanding commitment of the
United States to refugee and human rights advocacy, the
United States is home to the largest Korean population
outside of northeast Asia, and many in the two-million
strong Korean-American community have family ties to
North Korea.
(3) Human rights and humanitarian conditions inside
North Korea are deplorable, North Korean refugees
remain acutely vulnerable, and the findings in section
3 of the Act remain accurate today.
(4) The Government of China is conducting an
increasingly aggressive campaign to locate and forcibly
return border-crossers to North Korea, where they
routinely face torture and imprisonment, and sometimes
execution. According to recent reports, the Chinese
Government is shutting down Christian churches and
imprisoning people who help North Korean defectors and
has increased the bounty paid for turning in North
Korean refugees.
(5) In an attempt to deter escape attempts, the
Government of North Korea has reportedly stepped up its
public execution of border-crossers and those who help
others cross into China.
(6) In spite of the requirement of the Act that the
Special Envoy on Human Rights in North Korea (the
``Special Envoy'') report to the Congress no later than
April 16, 2005, a Special Envoy was not appointed until
August 19, 2005, more than four months after the
reporting deadline.
(7) The Special Envoy appointed by the President has
filled that position on a part-time basis only.
(8) Since the passage of the North Korean Human
Rights Act, Congress has on several occasions expressed
interest in the status of North Korean refugees, and on
February 21, 2006, a bipartisan group of senior Members
of the House and Senate wrote Secretary of State
Condoleezza Rice ``to express [their] deep concern for
the lack of progress in funding and implementing the
key provisions of the North Korean Human Rights Act'',
particularly the lack of North Korean refugee
admissions to the United States.
(9) Although the United States refugee resettlement
program remains the largest in the world by far, the
United States has resettled only 37 North Koreans in
the period from 2004 through 2007.
(10) From the end of 2004 through 2007, the Republic
of Korea resettled 5,961 North Koreans.
(11) Extensive delays in assessment and processing
have led numerous North Korean refugees to abandon
their quest for United States resettlement, and long
waits (of more than a year in some cases) have been the
source of considerable discouragement and frustration
among refugees, many of whom are awaiting United States
resettlement in circumstances that are unsafe and
insecure.
(12) From 2000 through 2006, the United States
granted asylum to 15 North Koreans, as compared to 60
North Korean asylum grantees in the United Kingdom, and
135 in Germany during that same period.
SEC. 3.\1\ SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should continue to make it a
priority to seek broader permission and greater
cooperation from foreign governments to allow the
United States to process North Korean refugees overseas
for resettlement in the United States, through
persistent diplomacy by senior officials of the United
States, including United States ambassadors to Asia-
Pacific nations;
(2) at the same time that careful screening of
intending refugees is important, the United States also
should make every effort to ensure that its screening,
processing, and resettlement of North Korean refugees
are as efficient and expeditious as possible;
(3) the Special Envoy for North Korean Human Rights
Issues should be a full-time position within the
Department of State in order to properly promote and
coordinate North Korean human rights and humanitarian
issues, and to participate in policy planning and
implementation with respect to refugee issues, as
intended by the North Korean Human Rights Act of 2004
(Public Law 108-333; 22 U.S.C. 7801 et seq.);
(4) in an effort to more efficiently and actively
participate in humanitarian burden-sharing, the United
States should approach our ally, the Republic of Korea,
to revisit and explore new opportunities for
coordinating efforts to screen and resettle North
Koreans who have expressed a wish to pursue
resettlement in the United States and have not yet
availed themselves of any right to citizenship they may
enjoy under the Constitution of the Republic of Korea;
and
(5) because there are genuine refugees among North
Koreans fleeing into China who face severe punishments
upon their forcible return, the United States should
urge the Government of China to--
(A) immediately halt its forcible
repatriation of North Koreans;
(B) fulfill its obligations pursuant to the
1951 United Nations Convention Relating to the
Status of Refugees, the 1967 Protocol Relating
to the Status of Refugees, and the 1995
Agreement on the Upgrading of the UNHCR Mission
in the People's Republic of China to UNHCR
Branch Office in the People's Republic of
China; and
(C) allow the United Nations High
Commissioner for Refugees (UNHCR) unimpeded
access to North Koreans inside China to
determine whether they are refugees and whether
they require assistance.
* * * * * * *
SEC. 6. RADIO BROADCASTING TO NORTH KOREA.
Not later than 120 days after the date of the enactment of
this Act, the Broadcasting Board of Governors (BBG) shall
submit to the appropriate congressional committees, as defined
in section 5(1) of the North Korean Human Rights Act of 2004
(22 U.S.C. 7803(1)), a report that describes the status and
content of current United States broadcasting to North Korea
and the extent to which the BBG has achieved the goal of 12-
hour-per-day broadcasting to North Korea pursuant to section
103 of such Act (22 U.S.C. 7813).
* * * * * * *
s. Sudan
(1) Sudan Accountability and Divestment Act of 2007
Public Law 110-174 [S. 2271], 121 Stat. 2516, approved December 31,
2007
AN ACT To authorize State and local governments to divest assets in
companies that conduct business operations in Sudan, to prohibit United
States Government contracts with such companies, 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 ``Sudan Accountability and
Divestment Act of 2007''.
---------------------------------------------------------------------------
\1\ 50 U.S.C. 1701 note.
---------------------------------------------------------------------------
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and
Urban Affairs, the Committee on Foreign
Relations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Financial Services, the
Committee on Foreign Affairs, and the Permanent
Select Committee on Intelligence of the House
of Representatives.
(2) Business operations.--The term ``business
operations'' means engaging in commerce in any form in
Sudan, including by acquiring, developing, maintaining,
owning, selling, possessing, leasing, or operating
equipment, facilities, personnel, products, services,
personal property, real property, or any other
apparatus of business or commerce.
(3) Executive agency.--The term ``executive agency''
has the meaning given the term in section 4 of the
Office of Federal Procurement Policy Act (41 U.S.C.
403).
(4) Government of sudan.--The term ``Government of
Sudan''--
(A) means the government in Khartoum, Sudan,
which is led by the National Congress Party
(formerly known as the National Islamic Front)
or any successor government formed on or after
October 13, 2006 (including the coalition
National Unity Government agreed upon in the
Comprehensive Peace Agreement for Sudan); and
(B) does not include the regional government
of southern Sudan.
(5) Marginalized populations of sudan.--The term
``marginalized populations of Sudan'' refers to--
(A) adversely affected groups in regions
authorized to receive assistance under section
8(c) of the Darfur Peace and Accountability Act
(Public Law 109-344; 50 U.S.C. 1701 note); and
(B) marginalized areas in Northern Sudan
described in section 4(9) of such Act.
(6) Military equipment.--The term ``military
equipment'' means--
(A) weapons, arms, military supplies, and
equipment that readily may be used for military
purposes, including radar systems or military-
grade transport vehicles; or
(B) supplies or services sold or provided
directly or indirectly to any force actively
participating in armed conflict in Sudan.
(7) Mineral extraction activities.--The term
``mineral extraction activities'' means exploring,
extracting, processing, transporting, or wholesale
selling or trading of elemental minerals or associated
metal alloys or oxides (ore), including gold, copper,
chromium, chromite, diamonds, iron, iron ore, silver,
tungsten, uranium, and zinc.
(8) Oil-related activities.--
(A) In general.--Except as provided in
subparagraph (B), the term ``oil-related
activities'' means--
(i) exporting, extracting, producing,
refining, processing, exploring for,
transporting, selling, or trading oil;
and
(ii) constructing, maintaining, or
operating a pipeline, refinery, or
other oilfield infrastructure.
(B) Exclusions.--A person shall not be
considered to be involved in an oil-related
activity if--
(i) the person is involved in the
retail sale of gasoline or related
consumer products in Sudan but is not
involved in any other activity
described in subparagraph (A); or
(ii) the person is involved in
leasing, or owns, rights to an oil
block in Sudan but is not involved in
any other activity described in
subparagraph (A).
(9) Person.--The term ``person'' means--
(A) a natural person, corporation, company,
business association, partnership, society,
trust, any other nongovernmental entity,
organization, or group;
(B) any governmental entity or
instrumentality of a government, including a
multilateral development institution (as
defined in section 1701(c)(3) of the
International Financial Institutions Act (22
U.S.C. 262r(c)(3))); and
(C) any successor, subunit, parent company or
subsidiary of any entity described in
subparagraph (A) or (B).
(10) Power production activities.--The term ``power
production activities'' means any business operation
that involves a project commissioned by the National
Electricity Corporation of Sudan or other similar
entity of the Government of Sudan whose purpose is to
facilitate power generation and delivery, including
establishing power-generating plants or hydroelectric
dams, selling or installing components for the project,
or providing service contracts related to the
installation or maintenance of the project.
(11) State.--The term ``State'' means each of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
(12) State or local government.--The term ``State or
local government'' includes--
(A) any State and any agency or
instrumentality thereof;
(B) any local government within a State, and
any agency or instrumentality thereof;
(C) any other governmental instrumentality;
and
(D) any public institution of higher
education within the meaning of the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.).
SEC. 3. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM CERTAIN
COMPANIES DIRECTLY INVESTED IN CERTAIN SUDANESE
SECTORS.
(a) Sense of Congress.--It is the sense of Congress that
the United States Government should support the decision of any
State or local government to divest from, or to prohibit the
investment of assets of the State or local government in, a
person that the State or local government determines poses a
financial or reputational risk.
(b) Authority To Divest.--Notwithstanding any other
provision of law, a State or local government may adopt and
enforce measures that meet the requirements of subsection (e)
to divest the assets of the State or local government from, or
prohibit investment of the assets of the State or local
government in, persons that the State or local government
determines, using credible information available to the public,
are conducting or have direct investments in business
operations described in subsection (d).
(c) Notice to Department of Justice.--Not later than 30
days after adopting a measure pursuant to subsection (b), a
State or local government shall submit written notice to the
Attorney General describing the measure.
(d) Business Operations Described.--
(1) In general.--Business operations described in
this subsection are business operations in Sudan that
include power production activities, mineral extraction
activities, oil-related activities, or the production
of military equipment.
(2) Exceptions.--Business operations described in
this subsection do not include business operations that
the person conducting the business operations can
demonstrate--
(A) are conducted under contract directly and
exclusively with the regional government of
southern Sudan;
(B) are conducted under a license from the
Office of Foreign Assets Control, or are
expressly exempted under Federal law from the
requirement to be conducted under such a
license;
(C) consist of providing goods or services to
marginalized populations of Sudan;
(D) consist of providing goods or services to
an internationally recognized peacekeeping
force or humanitarian organization;
(E) consist of providing goods or services
that are used only to promote health or
education; or
(F) have been voluntarily suspended.
(e) Requirements.--Any measure taken by a State or local
government under subsection (b) shall meet the following
requirements:
(1) Notice.--The State or local government shall
provide written notice and an opportunity to comment in
writing to each person to whom a measure is to be
applied.
(2) Timing.--The measure shall apply to a person not
earlier than the date that is 90 days after the date on
which written notice is provided to the person under
paragraph (1).
(3) Applicability.--The measure shall not apply to a
person that demonstrates to the State or local
government that the person does not conduct or have
direct investments in business operations described in
subsection (d).
(4) Sense of congress on avoiding erroneous
targeting.--It is the sense of Congress that a State or
local government should not adopt a measure under
subsection (b) with respect to a person unless the
State or local government has made every effort to
avoid erroneously targeting the person and has verified
that the person conducts or has direct investments in
business operations described in subsection (d).
(f) Definitions.--In this section:
(1) Investment.--The ``investment'' of assets, with
respect to a State or local government, includes--
(A) a commitment or contribution of assets;
(B) a loan or other extension of credit of
assets; and
(C) the entry into or renewal of a contract
for goods or services.
(2) Assets.--
(A) In general.--Except as provided in
subparagraph (B), the term ``assets'' refers to
public monies and includes any pension,
retirement, annuity, or endowment fund, or
similar instrument, that is controlled by a
State or local government.
(B) Exception.--The term ``assets'' does not
include employee benefit plans covered by title
I of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1001 et seq.).
(g) Nonpreemption.--A measure of a State or local
government authorized under subsection (b) is not preempted by
any Federal law or regulation.
(h) Effective Date.--
(1) In general.--Except as provided in paragraph (2),
this section applies to measures adopted by a State or
local government before, on, or after the date of the
enactment of this Act.
(2) Notice requirements.--Subsections (c) and (e)
apply to measures adopted by a State or local
government on or after the date of the enactment of
this Act.
SEC. 4. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET
MANAGERS.
(a) In General.--Section 13 of the Investment Company Act
of 1940 (15 U.S.C. 80a-13) is amended * * *
(b) \2\ SEC Regulations.--Not later than 120 days after the
date of the enactment of this Act, the Securities and Exchange
Commission shall prescribe regulations, in the public interest
and for the protection of investors, to require disclosure by
each registered investment company that divests itself of
securities in accordance with section 13(c) of the Investment
Company Act of 1940. Such rules shall require the disclosure to
be included in the next periodic report filed with the
Commission under section 30 of such Act (15 U.S.C. 80a-29)
following such divestiture.
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\2\ See 17 CFR Parts 249 and 274 (73 F.R. 23328).
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SEC. 5. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS.
It is the sense of Congress that a fiduciary of an employee
benefit plan, as defined in section 3(3) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)), may
divest plan assets from, or avoid investing plan assets in, any
person the fiduciary determines is conducting or has direct
investments in business operations in Sudan described in
section 3(d) of this Act, without breaching the
responsibilities, obligations, or duties imposed upon the
fiduciary by section 404 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1104), if--
(1) the fiduciary makes such determination using
credible information that is available to the public;
and
(2) such divestment or avoidance of investment is
conducted in accordance with section 2509.94-1 of title
29, Code of Federal Regulations (as in effect on the
day before the date of the enactment of this Act).
SEC. 6. PROHIBITION ON UNITED STATES GOVERNMENT CONTRACTS.
(a) Certification Requirement.--The head of each executive
agency shall ensure that each contract entered into by such
executive agency for the procurement of goods or services
includes a clause that requires the contractor to certify to
the contracting officer that the contractor does not conduct
business operations in Sudan described in section 3(d).
(b) Remedies.--
(1) In general.--The head of an executive agency may
impose remedies as provided in this subsection if the
head of the executive agency determines that the
contractor has submitted a false certification under
subsection (a) after the date the Federal Acquisition
Regulation is amended under subsection (e) to implement
the requirements of this section.
(2) Termination.--The head of an executive agency may
terminate a covered contract upon the determination of
a false certification under paragraph (1).
(3) Suspension and debarment.--The head of an
executive agency may debar or suspend a contractor from
eligibility for Federal contracts upon the
determination of a false certification under paragraph
(1). The debarment period may not exceed 3 years.
(4) Inclusion on list of parties excluded from
federal procurement and nonprocurement programs.--The
Administrator of General Services shall include on the
List of Parties Excluded from Federal Procurement and
Nonprocurement Programs maintained by the Administrator
under part 9 of the Federal Acquisition Regulation
issued under section 25 of the Office of Federal
Procurement Policy Act (41 U.S.C. 421) each contractor
that is debarred, suspended, proposed for debarment or
suspension, or declared ineligible by the head of an
executive agency on the basis of a determination of a
false certification under paragraph (1).
(5) Rule of construction.--This section shall not be
construed to limit the use of other remedies available
to the head of an executive agency or any other
official of the Federal Government on the basis of a
determination of a false certification under paragraph
(1).
(c) Waiver.--
(1) In general.--The President may waive the
requirement of subsection (a) on a case-by-case basis
if the President determines and certifies in writing to
the appropriate congressional committees that it is in
the national interest to do so.
(2) Reporting requirement.--Not later than April 15,
2008, and semi-annually thereafter, the Administrator
for Federal Procurement Policy shall submit to the
appropriate congressional committees a report on
waivers granted under paragraph (1).
(d) Implementation Through the Federal Acquisition
Regulation.--Not later than 120 days after the date of the
enactment of this Act, the Federal Acquisition Regulatory
Council shall amend the Federal Acquisition Regulation issued
pursuant to section 25 of the Office of Federal Procurement
Policy Act (41 U.S.C. 421) to provide for the implementation of
the requirements of this section.
(e) Report.--Not later than one year after the date the
Federal Acquisition Regulation is amended under subsection (e)
to implement the requirements of this section, the
Administrator of General Services, with the assistance of other
executive agencies, shall submit to the Office of Management
and Budget and the appropriate congressional committees a
report on the actions taken under this section.
SEC. 7. SENSE OF CONGRESS ON EFFORTS BY OTHER COUNTRIES.
It is the sense of Congress that the governments of all
other countries should adopt measures, similar to those
contained in this Act, to publicize the activities of all
persons that, through their financial dealings, knowingly or
unknowingly enable the Government of Sudan to continue to
oppress and commit genocide against people in the Darfur region
and other regions of Sudan, and to authorize divestment from,
and the avoidance of further investment in, such persons.
SEC. 8. SENSE OF CONGRESS ON PEACEKEEPING EFFORTS IN SUDAN.
It is the sense of Congress that the President should--
(1) continue to work with other members of the
international community, including the Permanent
Members of the United Nations Security Council, the
African Union, the European Union, the Arab League, and
the Government of Sudan to facilitate the urgent
deployment of a peacekeeping force to Sudan; and
(2) bring before the United Nations Security Council,
and call for a vote on, a resolution requiring
meaningful multilateral sanctions against the
Government of Sudan in response to its acts of genocide
against the people of Darfur and its continued refusal
to allow the implementation of a peacekeeping force in
Sudan.
SEC. 9. SENSE OF CONGRESS ON THE INTERNATIONAL OBLIGATIONS OF THE
UNITED STATES.
It is the sense of Congress that nothing in this Act--
(1) conflicts with the international obligations or
commitments of the United States; or
(2) affects article VI, clause 2, of the Constitution
of the United States.
SEC. 10. REPORTS ON SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
(a) In General.--The Secretary of State and the Secretary
of the Treasury shall submit to the appropriate congressional
committees a report assessing the effectiveness of sanctions
imposed with respect to Sudan at the time the Secretary of
State and the Secretary of the Treasury submits reports
required under--
(1) the Sudan Peace Act (Public Law 107-245; 50
U.S.C. 1701 note);
(2) the Comprehensive Peace in Sudan Act of 2004
(Public Law 108-497; 50 U.S.C. 1701 note); and
(3) the Darfur Peace and Accountability Act of 2006
(Public Law 109-344; 50 U.S.C. 1701 note).
(b) Additional Report by the Secretary of the Treasury.--
The Secretary of the Treasury shall submit to the appropriate
congressional committees a report assessing the effectiveness
of sanctions imposed with respect to Sudan under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) at the time the President submits the reports required by
section 204(c) of such Act (50 U.S.C. 1703(c)) with respect to
Executive Order 13,067 (50 U.S.C. 1701 note; relating to
blocking property of persons in connection with the conflict in
Sudan's region of Darfur).
(c) Contents.--The reports required by subsections (a) and
(b) shall include--
(1) a description of each sanction imposed under a
law or executive order described in subsection (a) or
(b);
(2) the name of the person subject to the sanction,
if any; and
(3) whether or not the person subject to the sanction
is also subject to sanctions imposed by the United
Nations.
SEC. 11. REPEAL OF REPORTING REQUIREMENT.
Section 6305 of the U.S. Troop Readiness, Veterans' Care,
Katrina Recovery, and Iraq Accountability Appropriations Act,
2007 (Public Law 110-28; 121 Stat. 172) is repealed.
SEC. 12. TERMINATION.
The provisions of sections 3, 4, 5, 6, and 10 shall
terminate 30 days after the date on which the President has
certified to Congress that the Government of Sudan has honored
its commitments to--
(1) abide by United Nations Security Council
Resolution 1769 (2007);
(2) cease attacks on civilians;
(3) demobilize and demilitarize the Janjaweed and
associated militias;
(4) grant free and unfettered access for delivery of
humanitarian assistance; and
(5) allow for the safe and voluntary return of
refugees and internally displaced persons.
(2) Darfur Peace and Accountability Act of 2006
Partial text of Public Law 109-344 [H.R. 3127], 120 Stat. 1869,
approved October 13, 2006
AN ACT To impose sanctions against individuals responsible for
genocide, war crimes, and crimes against humanity, to support measures
for the protection of civilians and humanitarian operations, and to
support peace efforts in the Darfur region of Sudan, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Darfur
Peace and Accountability Act of 2006''.
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\1\ Freestanding sections of this Act are codified at 50 U.S.C.
1701 note.
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(b) Table of Contents.--The table of contents of this Act
is as follows:
Page
Sec. 1. Short title; table of contents............................ 793
Sec. 2. Definitions............................................... 793
Sec. 3. Findings.................................................. 794
Sec. 4. Sense of Congress......................................... 797
Sec. 5. Sanctions in support of peace in Darfur................... 799
Sec. 6. Additional authorities to deter and suppress genocide in
Darfur........................................................ 800
Sec. 7. Continuation of restrictions.............................. 802
Sec. 8. Assistance efforts in Sudan............................... 802
Sec. 9. Reporting requirements.................................... 804
SEC. 2. DEFINITIONS.
In this Act:
(1) AMIS.--The term ``AMIS'' means the African Union
Mission in Sudan.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives.
(3) Comprehensive peace agreement for sudan.--The
term ``Comprehensive Peace Agreement for Sudan'' means
the peace agreement signed by the Government of Sudan
and the SPLM/A in Nairobi, Kenya, on January 9, 2005.
(4) Darfur peace agreement.--The term ``Darfur Peace
Agreement'' means the peace agreement signed by the
Government of Sudan and by Minni Minnawi, leader of the
Sudan Liberation Movement/Army Faction, in Abuja,
Nigeria, on May 5, 2006.
(5) Government of sudan.--The term ``Government of
Sudan''--
(A) means--
(i) the government in Khartoum,
Sudan, which is led by the National
Congress Party (formerly known as the
National Islamic Front); or
(ii) any successor government formed
on or after the date of the enactment
of this Act (including the coalition
National Unity Government agreed upon
in the Comprehensive Peace Agreement
for Sudan); and
(B) does not include the regional government
of Southern Sudan.
(6) Officials of the government of sudan.--The term
``official of the Government of Sudan'' does not
include any individual--
(A) who was not a member of such government
before July 1, 2005; or
(B) who is a member of the regional
government of Southern Sudan.
(7) SPLM/A.--The term ``SPLM/A'' means the Sudan
People's Liberation Movement/Army.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) On July 23, 2004, Congress declared, ``the
atrocities unfolding in Darfur, Sudan, are genocide''.
(2) On September 9, 2004, Secretary of State Colin L.
Powell stated before the Committee on Foreign Relations
of the Senate, ``genocide has occurred and may still be
occurring in Darfur'', and ``the Government of Sudan
and the Janjaweed bear responsibility''.
(3) On September 21, 2004, in an address before the
United Nations General Assembly, President George W.
Bush affirmed the Secretary of State's finding and
stated,``[a]t this hour, the world is witnessing
terrible suffering and horrible crimes in the Darfur
region of Sudan, crimes my government has concluded are
genocide''.
(4) On July 30, 2004, the United Nations Security
Council passed Security Council Resolution 1556 (2004),
calling upon the Government of Sudan to disarm the
Janjaweed militias and to apprehend and bring to
justice Janjaweed leaders and their associates who have
incited and carried out violations of human rights and
international humanitarian law, and establishing a ban
on the sale or supply of arms and related materiel of
all types, including the provision of related technical
training or assistance, to all nongovernmental entities
and individuals, including the Janjaweed.
(5) On September 18, 2004, the United Nations
Security Council passed Security Council Resolution
1564 (2004), determining that the Government of Sudan
had failed to meet its obligations under Security
Council Resolution 1556 (2004), calling for a military
flight ban in and over the Darfur region, demanding the
names of Janjaweed militiamen disarmed and arrested for
verification, establishing an International Commission
of Inquiry on Darfur to investigate violations of
international humanitarian and human rights laws, and
threatening sanctions should the Government of Sudan
fail to fully comply with Security Council Resolutions
1556 (2004) and 1564 (2004), including such actions as
to affect Sudan's petroleum sector or individual
members of the Government of Sudan.
(6) The Report of the International Commission of
Inquiry on Darfur, submitted to the United Nations
Secretary-General on January 25, 2005, established that
the ``Government of the Sudan and the Janjaweed are
responsible for serious violations of international
human rights and humanitarian law amounting to crimes
under international law,'' that ``these acts were
conducted on a widespread and systematic basis, and
therefore may amount to crimes against humanity,'' and
that officials of the Government of Sudan and other
individuals may have acted with ``genocidal intent''.
(7) On March 24, 2005, the United Nations Security
Council passed Security Council Resolution 1590 (2005),
establishing the United Nations Mission in Sudan
(referred to in this section as the ``UNMIS''),
consisting of up to 10,000 military personnel and 715
civilian police tasked with supporting the
implementation of the Comprehensive Peace Agreement for
Sudan and to ``closely and continuously liaise and
coordinate at all levels with the African Union Mission
in Sudan (AMIS)'', which had been established by the
African Union on May 24, 2004, to monitor the
implementation of the N'Djamena Humanitarian Ceasefire
Agreement, signed on April 8, 2004, ``with a view
towards expeditiously reinforcing the effort to foster
peace in Darfur''.
(8) On March 29, 2005, the United Nations Security
Council passed Security Council Resolution 1591 (2005),
extending the military embargo established by Security
Council Resolution 1556 (2004) to all the parties to
the N'Djamena Ceasefire Agreement of April 8, 2004, and
any other belligerents in the states of North Darfur,
South Darfur, and West Darfur, calling for an asset
freeze and travel ban against those individuals who
impede the peace process, constitute a threat to
stability in Darfur and the region, commit violations
of international humanitarian or human rights law or
other atrocities, are responsible for offensive
military overflights, or violate the military embargo,
and establishing a Committee of the Security Council
and a panel of experts to assist in monitoring
compliance with Security Council Resolutions 1556
(2004) and 1591 (2005).
(9) On March 31, 2005, the United Nations Security
Council passed Security Council Resolution 1593 (2005),
referring the situation in Darfur since July 1, 2002,
to the prosecutor of the International Criminal Court
and calling on the Government of Sudan and all parties
to the conflict to cooperate fully with the Court.
(10) On July 30, 2005, Dr. John Garang de Mabior, the
newly appointed Vice President of Sudan and the leader
of the SPLM/A for the past 21 years, was killed in a
tragic helicopter crash in Southern Sudan, sparking
riots in Khartoum and challenging the commitment of all
Sudanese to the Comprehensive Peace Agreement for
Sudan.
(11) On January 12, 2006, the African Union Peace and
Security Council issued a communique endorsing, in
principle, a transition from AMIS to a United Nations
peacekeeping operation and requested the Chairperson of
the Council to initiate consultations with the United
Nations and other stakeholders toward this end.
(12) On February 3, 2006, the United Nations Security
Council issued a Presidential Statement authorizing the
initiation of contingency planning for a transition
from AMIS to a United Nations peacekeeping operation.
(13) On March 10, 2006, the African Union Peace and
Security Council extended the mandate of AMIS, which
had reached a force size of 7,000, to September 30,
2006, while simultaneously endorsing the transition of
AMIS to a United Nations peacekeeping operation and
setting April 30, 2006 as the deadline for reaching an
agreement to resolve the crisis in Darfur.
(14) On March 24, 2006, the United Nations Security
Council passed Security Council Resolution 1663 (2006),
which--
(A) welcomes the African Peace and Security
Council's March 10, 2006 communique; and
(B) requests that the United Nations
Secretary-General, jointly with the African
Union and in consultation with the parties to
the Abuja Peace Talks, expedite planning for
the transition of AMIS to a United Nations
peacekeeping operation.
(15) On March 29, 2006, during a speech at Freedom
House, President Bush called for a transition to a
United Nations peacekeeping operation and ``additional
forces with a NATO overlay . . . to provide logistical
and command-and-control and airlift capacity, but also
to send a clear signal to parties involved that the
west is determined to help effect a settlement.''.
(16) On April 25, 2006, the United Nations Security
Council passed Security Council Resolution 1672 (2006),
unanimously imposing targeted financial sanctions and
travel restrictions on 4 individuals who had been
identified as those who, among other acts, ``impede the
peace process, constitute a threat to stability in
Darfur and the region, commit violations of
international humanitarian or human rights law or other
atrocities'', including the Commander of the Western
Military Region for the armed forces of Sudan, the
Paramount Chief of the Jalul Tribe in North Darfur, the
Commander of the Sudan Liberation Army, and the Field
Commander of the National Movement for Reform and
Development.
(17) On May 5, 2006, under the auspices of African
Union mediation and the direct engagement of the
international community, including the United States,
the Government of Sudan and the largest rebel faction
in Darfur, the Sudan Liberation Movement, led by Minni
Minnawi, signed the Darfur Peace Agreement, which
addresses security, power sharing, and wealth sharing
issues between the parties.
(18) In August 2006, the Sudanese government began to
amass military forces and equipment in the Darfur
region in contravention of the Darfur Peace Agreement
to which they are signatories in what appears to be
preliminary to full scale war.
(19) On August 30, 2006, the United Nations Security
Council passed Security Council Resolution 1706 (2006),
without dissent and with abstentions by China, Russian
Federation, and Qatar, thereby asserting that the
existing United Nations Mission in Sudan ``shall take
over from AMIS responsibility for supporting the
implementation of the Darfur Peace Agreement upon the
expiration of AMIS' mandate but in any event no later
than 31 December 2006'', and that UNMIS ``shall be
strengthened by up to 17,300 military personnel . . .
3,300 civilian police personnel and up to 16 Formed
Police Units'', which ``shall begin to be deployed [to
Darfur] no later than 1 October 2006''.
(20) Between August 30 and September 3, 2006,
President Bashir and other senior members of his
administration have publicly rejected United Nations
Security Council Resolution 1706 (2006), calling it
illegal and a western invasion of his country, despite
the current presence of 10,000 United Nations
peacekeepers under the UNMIS peacekeeping force.
(21) Since 1993, the Secretary of State has
determined, pursuant to section 6(j) of the Export
Administration Act of 1979 (50 App. U.S.C. 2405(j)),
that Sudan is a country, the government of which has
repeatedly provided support for acts of international
terrorism, thereby restricting United States
assistance, defense exports and sales, and financial
and other transactions with the Government of Sudan.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the genocide unfolding in the Darfur region of
Sudan is characterized by acts of terrorism and
atrocities directed against civilians, including mass
murder, rape, and sexual violence committed by the
Janjaweed and associated militias with the complicity
and support of the National Congress Party-led faction
of the Government of Sudan;
(2) all parties to the conflict in the Darfur region
have continued to violate the N'Djamena Ceasefire
Agreement of April 8, 2004, and the Abuja Protocols of
November 9, 2004, and violence against civilians,
humanitarian aid workers, and personnel of AMIS is
increasing;
(3) the African Union should immediately make all
necessary preparations for an orderly transition to a
United Nations peacekeeping operation, which will
maintain an appropriate level of African participation,
with a mandate to protect civilians and humanitarian
operations, assist in the implementation of the Darfur
Peace Agreement, and deter violence in the Darfur
region;
(4) the international community, including the United
States and the European Union, should immediately act
to mobilize sufficient political, military, and
financial resources through the United Nations and the
North Atlantic Treaty Organization, to support the
transition of AMIS to a United Nations peacekeeping
operation with the size, strength, and capacity
necessary to protect civilians and humanitarian
operations, to assist with the implementation of the
Darfur Peace Agreement, and to end the continued
violence in the Darfur region;
(5) if an expanded and reinforced AMIS or subsequent
United Nations peacekeeping operation fails to stop
genocide in the Darfur region, the international
community should take additional measures to prevent
and suppress acts of genocide in the Darfur region;
(6) acting under article 5 of the Charter of the
United Nations, the United Nations Security Council
should call for suspension of the Government of Sudan's
rights and privileges of membership by the General
Assembly until such time as the Government of Sudan has
honored pledges to cease attacks upon civilians,
demobilize and demilitarize the Janjaweed and
associated militias, and grant free and unfettered
access for deliveries of humanitarian assistance in the
Darfur region;
(7) the President should use all necessary and
appropriate diplomatic means to ensure the full
discharge of the responsibilities of the Committee of
the United Nations Security Council and the panel of
experts established pursuant to section 3(a) of
Security Council Resolution 1591 (2005);
(8) the President should direct the United States
Permanent Representative to the United Nations to use
the voice, vote, and influence of the United States to
urge the adoption of a resolution by the United Nations
Security Council that--
(A) extends the military embargo established
by United Nations Security Resolutions 1556
(2004) and 1591 (2005) to include a total ban
on the sale or supply of offensive military
equipment to the Government of Sudan, except
for use in an internationally recognized
demobilization program or for nonlethal
assistance necessary to carry out elements of
the Comprehensive Peace Agreement for Sudan or
the Darfur Peace Agreement; and
(B) calls upon those member states of the
United Nations that continue to undermine
efforts to foster peace in Sudan by providing
military assistance to the Government of Sudan,
government supported militias, or any rebel
group operating in Darfur in violation of the
embargo on such assistance and equipment, as
called for in United Nations Security Council
Resolutions 1556 (2004) and 1591 (2005), to
immediately cease and desist.
(9) the United States should not provide assistance
to the Government of Sudan, other than assistance
necessary for the implementation of the Comprehensive
Peace Agreement for Sudan and the Darfur Peace
Agreement, the support of the regional Government of
Southern Sudan, the Transitional Darfur Regional
Authority, and marginalized areas in Northern Sudan
(including the Nuba Mountains, Southern Blue Nile,
Abyei, Eastern Sudan (Beja), Darfur, and Nubia), or for
humanitarian purposes in Sudan, until the Government of
Sudan has honored pledges to cease attacks upon
civilians, demobilize and demilitarize the Janjaweed
and associated militias, grant free and unfettered
access for deliveries of humanitarian assistance in the
Darfur region, and allow for the safe and voluntary
return of refugees and internally displaced persons;
(10) the President should seek to assist members of
the Sudanese diaspora in the United States by
establishing a student loan forgiveness program for
those individuals who commit to return to Southern
Sudan for a period of not less than 5 years for the
purpose of contributing professional skills needed for
the reconstruction of Southern Sudan;
(11) the Presidential Special Envoy for Sudan should
be provided with appropriate resources and a clear
mandate to--
(A) provide stewardship of efforts to
implement the Comprehensive Peace Agreement for
Sudan and the Darfur Peace Agreement;
(B) seek ways to bring stability and peace to
the Darfur region;
(C) address instability elsewhere in Sudan,
Chad, and northern Uganda; and
(D) pursue a truly comprehensive peace
throughout the region;
(12) the international community should strongly
condemn attacks against humanitarian workers and
African Union personnel, and the forcible recruitment
of refugees and internally displaced persons from camps
in Chad and Sudan, and demand that all armed groups in
the region, including the forces of the Government of
Sudan, the Janjaweed, associated militias, the Sudan
Liberation Movement/Army, the Justice and Equality
Movement, the National Movement for Reform and
Development (NMRD), and all other armed groups refrain
from such activities;
(13) the United States should fully support the
Comprehensive Peace Agreement for Sudan and the Darfur
Peace Agreement and urge rapid implementation of their
terms;
(14) the May 5, 2006 signing of the Darfur Peace
Agreement between the Government of Sudan and the Sudan
Liberation Movement was a positive development in a
situation that has seen little political progress in 2
years and should be seized upon by all sides to begin
the arduous process of post-conflict reconstruction,
restitution, justice, and reconciliation; and
(15) the new leadership of the Sudan People's
Liberation Movement (referred to in this paragraph as
``SPLM'') should--
(A) seek to transform SPLM into an inclusive,
transparent, and democratic body;
(B) reaffirm the commitment of SPLM to--
(i) bring peace to Southern Sudan,
the Darfur region, and Eastern Sudan;
and
(ii) eliminate safe haven for
regional rebel movements, such as the
Lord's Resistance Army; and
(C) remain united in the face of efforts to
undermine SPLM.
SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
(a) Blocking of Assets and Restriction on Visas.--Section 6
of the Comprehensive Peace in Sudan Act of 2004 (Public Law
108-497; 50 U.S.C. 1701 note) is amended--* * *
(b) Waiver.--Section 6(d) of the Comprehensive Peace in
Sudan Act of 2004, as redesignated by subsection (a), is
amended by adding at the end the following: * * *
(c) Sanctions Against Janjaweed Commanders and Coordinators
or Other Individuals.--It is the sense of Congress, that the
President should immediately impose the sanctions described in
section 6(c) of the Comprehensive Peace in Sudan Act of 2004,
as added by subsection (a), against any individual, including
the Janjaweed commanders and coordinators, identified as those
who, among other acts, ``impede the peace process, constitute a
threat to stability in Darfur and the region, commit violations
of international humanitarian or human rights law or other
atrocities''.
SEC. 6.\2\ ADDITIONAL AUTHORITIES TO DETER AND SUPPRESS GENOCIDE IN
DARFUR.
(a) Presidential Assistance To Support AMIS.--Subject to
subsection (b) and notwithstanding any other provision of law,
the President is authorized to provide AMIS with--
---------------------------------------------------------------------------
\2\ Im a memorandum of January 25, 2007, the President assigned the
functions granted his office pursuant to sec. 6(a), (b), and (f) to the
Secretary of State (72 F.R. 5149).
---------------------------------------------------------------------------
(1) assistance for any expansion of the mandate,
size, strength, and capacity to protect civilians and
humanitarian operations in order to help stabilize the
Darfur region of Sudan and dissuade and deter air
attacks directed against civilians and humanitarian
workers; and
(2) assistance in the areas of logistics, transport,
communications, material support, technical assistance,
training, command and control, aerial surveillance, and
intelligence.
(b) Conditions.--
(1) In general.--Assistance provided under subsection
(a)--
(A) shall be used only in the Darfur region;
and
(B) shall not be provided until AMIS has
agreed not to transfer title to, or possession
of, any such assistance to anyone not an
officer, employee or agent of AMIS (or
subsequent United Nations peacekeeping
operation), and not to use or to permit the use
of such assistance for any purposes other than
those for which such assistance was furnished,
unless the consent of the President has first
been obtained, and written assurances
reflecting all of the forgoing have been
obtained from AMIS by the President.
(2) Consent.--If the President consents to the
transfer of such assistance to anyone not an officer,
employee, or agent of AMIS (or subsequent United
Nations peacekeeping operation), or agrees to permit
the use of such assistance for any purposes other than
those for which such assistance was furnished, the
President shall immediately notify 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).
(c) NATO Assistance To Support AMIS.--It is the sense of
Congress that the President should continue to instruct the
United States Permanent Representative to the North Atlantic
Treaty Organization (referred to in this section as ``NATO'')
to use the voice, vote, and influence of the United States at
NATO to--
(1) advocate NATO reinforcement of the AMIS and its
orderly transition to a United Nations peacekeeping
operation, as appropriate;
(2) provide assets to help dissuade and deter air
strikes directed against civilians and humanitarian
workers in the Darfur region of Sudan; and
(3) provide other logistical, transportation,
communications, training, technical assistance, command
and control, aerial surveillance, and intelligence
support.
(d) Rule of Construction.--Nothing in this Act, or any
amendment made by this Act, shall be construed as a provision
described in section 5(b)(1) or 8(a)(1) of the War Powers
Resolution (Public Law 93-148; 50 U.S.C. 1544(b), 1546(a)(1)).
(e) Denial of Entry at United States Ports to Certain Cargo
Ships or Oil Tankers.--
(1) In general.--The President should take all
necessary and appropriate steps to deny the Government
of Sudan access to oil revenues, including by
prohibiting entry at United States ports to cargo ships
or oil tankers engaged in business or trade activities
in the oil sector of Sudan or involved in the shipment
of goods for use by the armed forces of Sudan until
such time as the Government of Sudan has honored its
commitments to cease attacks on civilians, demobilize
and demilitarize the Janjaweed and associated militias,
grant free and unfettered access for deliveries of
humanitarian assistance, and allow for the safe and
voluntary return of refugees and internally displaced
persons.
(2) Exception.--Paragraph (1) shall not apply with
respect to cargo ships or oil tankers involved in--
(A) an internationally-recognized
demobilization program;
(B) the shipment of non-lethal assistance
necessary to carry out elements of the
Comprehensive Peace Agreement for Sudan or the
Darfur Peace Agreement; or
(C) the shipment of military assistance
necessary to carry out elements of an agreement
referred to in subparagraph (B) if the
President has made the determination set forth
in section 8(c)(2).
(f) Prohibition on Assistance to Countries in Violation of
United Nations Security Council Resolutions 1556 and 1591.--
(1) Prohibition.--Amounts made available to carry out
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) may not be used to provide assistance (other than
humanitarian assistance) to the government of a country
that is in violation of the embargo on military
assistance with respect to Sudan imposed pursuant to
United Nations Security Council Resolutions 1556 (2004)
and 1591 (2005).
(2) Waiver.--The President may waive the application
of paragraph (1) if the President determines, and
certifies to the appropriate congressional committees,
that such waiver is in the national interests of the
United States.
SEC. 7. CONTINUATION OF RESTRICTIONS.
(a) In General.--Restrictions against the Government of
Sudan that were imposed pursuant to Executive Order No. 13067
of November 3, 1997 (62 Federal Register 59989), title III and
sections 508, 512, 527, and 569 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2006
(Public Law 109-102), or any other similar provision of law,
shall remain in effect, and shall not be lifted pursuant to
such provisions of law, until the President certifies to the
appropriate congressional committees that the Government of
Sudan is acting in good faith to--
(1) implement the Darfur Peace Agreement;
(2) disarm, demobilize, and demilitarize the
Janjaweed and all militias allied with the Government
of Sudan;
(3) adhere to all associated United Nations Security
Council Resolutions, including Security Council
Resolutions 1556 (2004), 1564 (2004), 1591 (2005), 1593
(2005), 1663 (2006), 1665 (2006), and 1706 (2006);
(4) negotiate a peaceful resolution to the crisis in
eastern Sudan;
(5) fully cooperate with efforts to disarm,
demobilize, and deny safe haven to members of the
Lord's Resistance Army in Sudan; and
(6) fully implement the Comprehensive Peace Agreement
for Sudan without manipulation or delay, by--
(A) implementing the recommendations of the
Abyei Boundaries Commission Report;
(B) establishing other appropriate
commissions and implementing and adhering to
the recommendations of such commissions
consistent with the terms of the Comprehensive
Peace Agreement for Sudan;
(C) adhering to the terms of the Wealth
Sharing Agreement; and
(D) withdrawing government forces from
Southern Sudan consistent with the terms of the
Comprehensive Peace Agreement for Sudan.
(b) Waiver.--The President may waive the application of
subsection (a) if the President determines, and certifies to
the appropriate congressional committees, that such waiver is
in the national interests of the United States.
SEC. 8. ASSISTANCE EFFORTS IN SUDAN.
(a) Assistance for International Malaria Control Act.--
Section 501 of the Assistance for International Malaria Control
Act (Public Law 106-570; 50 U.S.C. 1701 note) is repealed.
(b) Comprehensive Peace in Sudan Act.--Section 7 of the
Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497;
50 U.S.C. 1701 note) is repealed.
(c) Economic Assistance.--
(1) In general.--Notwithstanding any other provision
of law, the President is authorized to provide economic
assistance for Southern Sudan, Southern Kordofan/Nuba
Mountains State, Blue Nile State, Abyei, Darfur, and
marginalized areas in and around Khartoum, in an effort
to provide emergency relief, to promote economic self-
sufficiency, to build civil authority, to provide
education, to enhance rule of law and the development
of judicial and legal frameworks, and to support people
to people reconciliation efforts, or to implement any
nonmilitary program in support of any viable peace
agreement in Sudan, including the Comprehensive Peace
Agreement for Sudan and the Darfur Peace Agreement.
(2) Congressional notification.--Assistance may not
be obligated under this subsection until 15 days after
the date on which the Secretary of State notifies the
congressional committees specified in section 634A of
the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1)
of such obligation in accordance with the procedures
applicable to reprogramming notifications under such
section.
(d) \3\ Authorized Military Assistance.--
---------------------------------------------------------------------------
\3\ On January 2, 2007, the Secretary of State determined ``that
the provision of non-lethal military equipment and related defense
services * * * to the Government of Southern Sudan for the purpose of
constituting a professional military force is in the national security
interests of the United States'' and authorized ``notwithstanding any
other provision of alw, for Fiscal Years 2007 and 2008, the provision
of any such items 15 days after notification of this determination.
This determination covers the provision of all such non-lethal
assistance, including vehicles and communications equipment; power
generation; facilities construction/renovation; training and technical
assistance; recommendations for force structure, training, equipment,
infrastructure and resource management; military advisers; and the
provision of other non-lethal defense articles and related defense
services in support of military reform in Sothern [sic] Sudan,
including support to the Sudan People's Liberation Movement,
appropriate for the aforementioned purpose '' (Department of State
Public Notice 5674; 72 F.R. 2326).
---------------------------------------------------------------------------
(1) In general.--If the President has not made a
certification under section 12(a)(3) of the Sudan Peace
Act (50 U.S.C. 1701 note) regarding the noncompliance
of the SPLM/A or the Government of Southern Sudan with
the Comprehensive Peace Agreement for Sudan, the
President, notwithstanding any other provision of law,
may authorize, for each of fiscal years 2006, 2007, and
2008, the provision of the following assistance to the
Government of Southern Sudan for the purpose of
constituting a professional military force--
(A) non-lethal military equipment and related
defense services, including training,
controlled under the International Traffic in
Arms Regulations (22 C.F.R. 120.1 et seq.) if
the President--
(i) determines that the provision of
such items is in the national security
interest of the United States; and
(ii) not later than 15 days before
the provision of any such items,
notifies the Committee on Foreign
Relations of the Senate and the
Committee on International Relations of
the House of Representatives of such
determination; and
(B) small arms and ammunition under
categories I and III of the United States
Munitions List (22 C.F.R. 121.1 et seq.) if the
President--
(i) determines that the provision of
such equipment is essential to the
national security interests of the
United States; and
(ii) consistent with the procedures
set forth in section 614(a)(3) of the
Foreign Assistance Act of 1961 (22
U.S.C. 2364(a)(3)), notifies the
Committee on Foreign Relations of the
Senate and the Committee on
International Relations of the House of
Representatives of such determination.
(2) End use assurances.--For each item exported
pursuant to this subsection or subsection (c), the
President shall include with the notification to
Congress under subparagraphs (A)(ii) and (B)(ii) of
paragraph (1)--
(A) an identification of the end users to
which the provision of assistance is being
made;
(B) the dollar value of the items being
provided;
(C) a description of the items being
provided; and
(D) a description of the end use verification
procedures that will be applied to such items,
including--
(i) any special assurances obtained
from the Government of Southern Sudan
or other authorized end users regarding
such equipment; and
(ii) the end use or retransfer
controls that will be applied to any
items provided under this subsection.
(3) Waiver authority.--Section 40 of the Arms Export
Control Act (22 U.S.C. 2780) shall not apply to
assistance provided under paragraph (1).
(e) Exception to Prohibitions in Executive Order Number
13067.--Notwithstanding any other provision of law, the
prohibitions set forth with respect to Sudan in Executive Order
No. 13067 (62 Fed. Reg. 59989) shall not apply to activities or
related transactions with respect to Southern Sudan, Southern
Kordofan/Nuba Mountains State, Blue Nile State, Abyei, Darfur,
or marginalized areas in and around Khartoum.
SEC. 9. REPORTING REQUIREMENTS.
Section 8 of the Sudan Peace Act (Public Law 107-245; 50
U.S.C. 1701 note) is amended--* * *
(3) Comprehensive Peace in Sudan Act of 2004
Public Law 108-497 [S. 2781], 118 Stat. 4012, approved December 23,
2004; as amended by Public Law 109-344 [Darfur Peace and Accountability
Act of 2006; H.R. 3127], 120 Stat. 1869, approved October 13, 2006
AN ACT To express the sense of Congress regarding the conflict in
Darfur, Sudan, to provide assistance for the crisis in Darfur and for
comprehensive peace in Sudan, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Comprehensive Peace in Sudan
Act of 2004''.
---------------------------------------------------------------------------
\1\ 50 U.S.C. 1701 note.
---------------------------------------------------------------------------
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives.
(2) Government of sudan.--The term ``Government of
Sudan'' means the National Congress Party, formerly
known as the National Islamic Front, government in
Khartoum, Sudan, or any successor government formed on
or after the date of the enactment of this Act (other
than the coalition government agreed upon in the
Nairobi Declaration on the Final Phase of Peace in the
Sudan signed on June 5, 2004).
(3) JEM.--The term ``JEM'' means the Justice and
Equality Movement.
(4) SLA.--The term ``SLA'' means the Sudan Liberation
Army.
(5) SPLM.--The term ``SPLM'' means the Sudan People's
Liberation Movement.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) A comprehensive peace agreement for Sudan, as
envisioned in the Sudan Peace Act (50 U.S.C. 1701 note)
and the Machakos Protocol of 2002, could be in jeopardy
if the parties do not implement and honor the
agreements they have signed.
(2) Since seizing power through a military coup in
1989, the Government of Sudan repeatedly has attacked
and dislocated civilian populations in southern Sudan
in a coordinated policy of ethnic cleansing and
genocide that has cost the lives of more than 2,000,000
people and displaced more than 4,000,000 people.
(3) In response to two decades of civil conflict in
Sudan, the United States has helped to establish an
internationally supported peace process to promote a
negotiated settlement to the war that has resulted in a
framework peace agreement, the Nairobi Declaration on
the Final Phase of Peace in the Sudan, signed on June
5, 2004.
(4) At the same time that the Government of Sudan was
negotiating for a comprehensive and all inclusive peace
agreement, enumerated in the Nairobi Declaration on the
Final Phase of Peace in the Sudan, it refused to engage
in any meaningful discussion with regard to its ongoing
campaign of ethnic cleansing and genocide in the Darfur
region of western Sudan.
(5) The Government of Sudan reluctantly agreed to
attend talks to bring peace to the Darfur region only
after considerable international pressure and outrage
was expressed through high level visits by Secretary of
State Colin Powell and others, and through United
Nations Security Council Resolution 1556 (July 30,
2004).
(6) The Government of the United States, in both the
executive branch and Congress, has concluded that
genocide has been committed and may still be occurring
in the Darfur region, and that the Government of Sudan
and militias supported by the Government of Sudan,
known as the Janjaweed, bear responsibility for the
genocide.
(7) Evidence collected by international observers in
the Darfur region between February 2003 and November
2004 indicate a coordinated effort to target African
Sudanese civilians in a scorched earth policy, similar
to that which was employed in southern Sudan, that has
destroyed African Sudanese villages, killing and
driving away their people, while Arab Sudanese villages
have been left unscathed.
(8) As a result of this genocidal policy in the
Darfur region, an estimated 70,000 people have died,
more than 1,600,000 people have been internally
displaced, and more than 200,000 people have been
forced to flee to neighboring Chad.
(9) Reports further indicate the systematic rape of
thousands of women and girls, the abduction of women
and children, and the destruction of hundreds of
ethnically African villages, including the poisoning of
their wells and the plunder of their crops and cattle
upon which the people of such villages sustain
themselves.
(10) Despite the threat of international action
expressed through United Nations Security Council
Resolutions 1556 (July 30, 2004) and 1564 (September
18, 2004), the Government of Sudan continues to
obstruct and prevent efforts to reverse the
catastrophic consequences that loom over the Darfur
region.
(11) In addition to the thousands of violent deaths
directly caused by ongoing Sudanese military and
government-sponsored Janjaweed attacks in the Darfur
region, the Government of Sudan has restricted access
by humanitarian and human rights workers to the Darfur
area through intimidation by military and security
forces, and through bureaucratic and administrative
obstruction, in an attempt to inflict the most
devastating harm on those individuals displaced from
their villages and homes without any means of
sustenance or shelter.
(12) The Government of Sudan's continued support for
the Janjaweed and their obstruction of the delivery of
food, shelter, and medical care to the Darfur region is
estimated by the World Health Organization to be
causing up to 10,000 deaths per month and, should
current conditions persist, is projected to escalate to
thousands of deaths each day by December 2004.
(13) The Government of Chad served an important role
in facilitating the humanitarian cease-fire (the
N'Djamena Agreement dated April 8, 2004) for the Darfur
region between the Government of Sudan and the two
opposition rebel groups in the Darfur region (the JEM
and the SLA), although both sides have violated the
cease-fire agreement repeatedly.
(14) The people of Chad have responded courageously
to the plight of over 200,000 Darfur refugees by
providing assistance to them even though such
assistance has adversely affected their own means of
livelihood.
(15) On September 9, 2004, Secretary of State Colin
Powell stated before the Committee on Foreign Relations
of the Senate: ``When we reviewed the evidence compiled
by our team, along with other information available to
the State Department, we concluded that genocide has
been committed in Darfur and that the Government of
Sudan and the [Janjaweed] bear responsibility--and
genocide may still be occurring.''.
(16) The African Union has demonstrated renewed vigor
in regional affairs through its willingness to respond
to the crisis in the Darfur region, by convening talks
between the parties and deploying several hundred
monitors and security forces to the region, as well as
by recognizing the need for a far larger force with a
broader mandate.
(17) The Government of Sudan's complicity in the
atrocities and genocide in the Darfur region raises
fundamental questions about the Government of Sudan's
commitment to peace and stability in Sudan.
SEC. 4. SENSE OF CONGRESS REGARDING THE CONFLICT IN DARFUR, SUDAN.
(a) Sudan Peace Act.--It is the sense of Congress that the
Sudan Peace Act (50 U.S.C. 1701 note) remains relevant and
should be extended to include the Darfur region of Sudan.
(b) Actions To Address the Conflict.--It is the sense of
Congress that--
(1) a legitimate countrywide peace in Sudan will only
be possible if those principles enumerated in the 1948
Universal Declaration of Human Rights, that are
affirmed in the Machakos Protocol of 2002 and the
Nairobi Declaration on the Final Phase of Peace in the
Sudan signed on June 5, 2004, are applied to all of
Sudan, including the Darfur region;
(2) the parties to the N'Djamena Agreement (the
Government of Sudan, the JEM, and the SLA) must meet
their obligations under that Agreement to allow safe
and immediate delivery of all humanitarian assistance
throughout the Darfur region and must expedite the
conclusion of a political agreement to end the genocide
and conflict in the Darfur region;
(3) the United States should continue to provide
humanitarian assistance to the areas of Sudan to which
the United States has access and, at the same time,
implement a plan to provide assistance to the areas of
Sudan to which access has been obstructed or denied;
(4) the international community, including African,
Arab, and Muslim nations, should immediately provide
resources necessary to save the lives of hundreds of
thousands of individuals at risk as a result of the
crisis in the Darfur region;
(5) the United States and the international community
should--
(A) provide all necessary assistance to
deploy and sustain an African Union Force to
the Darfur region; and
(B) work to increase the authorized level and
expand the mandate of such forces commensurate
with the gravity and scope of the problem in a
region the size of France;
(6) the President, acting through the Secretary of
State and the Permanent Representative of the United
States to the United Nations, should--
(A) condemn any failure on the part of the
Government of Sudan to fulfill its obligations
under United Nations Security Council
Resolutions 1556 (July 30, 2004) and 1564
(September 18, 2004), and press the United
Nations Security Council to respond to such
failure by immediately imposing the penalties
suggested in paragraph (14) of United Nations
Security Council Resolution 1564;
(B) press the United Nations Security Council
to pursue accountability for those individuals
who are found responsible for orchestrating and
carrying out the atrocities in the Darfur
region, consistent with relevant United Nations
Security Council Resolutions; and
(C) encourage member states of the United
Nations to--
(i) cease to import Sudanese oil; and
(ii) take the following actions
against Sudanese Government and
military officials and other
individuals, who are planning, carrying
out, or otherwise involved in the
policy of genocide in the Darfur
region, as well as their families, and
businesses controlled by the Government
of Sudan and the National Congress
Party:
(I) freeze the assets held by
such individuals or businesses
in each such member state; and
(II) restrict the entry or
transit of such officials
through each such member state;
(7) the President should impose targeted sanctions,
including a ban on travel and the freezing of assets,
on those officials of the Government of Sudan,
including military officials, and other individuals who
have planned or carried out, or otherwise been involved
in the policy of genocide in the Darfur region, and
should also freeze the assets of businesses controlled
by the Government of Sudan or the National Congress
Party;
(8) the Government of the United States should not
normalize relations with Sudan, including through the
lifting of any sanctions, until the Government of Sudan
agrees to, and takes demonstrable steps to implement,
peace agreements for all areas of Sudan, including the
Darfur region;
(9) those individuals found to be involved in the
planning or carrying out of genocide, war crimes, or
crimes against humanity should not hold leadership
positions in the Government of Sudan or the coalition
government established pursuant to the agreements
reached in the Nairobi Declaration on the Final Phase
of Peace in the Sudan; and
(10) the Government of Sudan has a primary
responsibility to guarantee the safety and welfare of
its citizens, which includes allowing them access to
humanitarian assistance and providing them protection
from violence.
SEC. 5. AMENDMENTS TO THE SUDAN PEACE ACT. * * *
SEC. 6. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
(a) Sanctions.--Beginning on the date that is 30 days after
the date of enactment of this Act, the President shall,
notwithstanding paragraph (1) of section 6(b) of the Sudan
Peace Act (50 U.S.C. 1701 note), implement the measures set
forth in subparagraphs (A) through (D) of paragraph (2) of such
section.
(b) \2\ Blocking of Assets of Appropriate Senior Officials
of the Government of Sudan.--Beginning on the date that is 30
days after the date of enactment of this Act, the President
shall, consistent with the authorities granted in the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), block the assets of appropriate senior officials of the
Government of Sudan.
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\2\ Sec. 5(a)(1) of the Darfur Peace and Accountability Act of 2006
(Public Law 109-344; 120 Stat. 1875) inserted ``of Appropriate Senior
Officials of the Government of Sudan'' in the subsection heading.
---------------------------------------------------------------------------
(c) \3\ Blocking of Assets and Restriction on Visas of
Certain Individuals Identified by the President.--
---------------------------------------------------------------------------
\3\ Sec. 5(a) of the Darfur Peace and Accountability Act of 2006
(Public Law 109-344; 120 Stat. 1875) redesignated subsecs. (c) through
(e) as subsecs. (d) through (f), respectively, and added a new subsec.
(c). Sec. 5(c) of that Act (120 Stat. 1876), furthermore, provided the
following:
``(c) Sanctions Against Janjaweed Commanders and Coordinators or
Other Individuals.--It is the sense of Congress, that the President
should immediately impose the sanctions described in section 6(c) of
the Comprehensive Peace in Sudan Act of 2004, as added by subsection
(a), against any individual, including the Janjaweed commanders and
coordinators, identified as those who, among other acts, `impede the
peace process, constitute a threat to stability in Darfur and the
region, commit violations of international humanitarian or human rights
law or other atrocities'.''.
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(1) Blocking of assets.--Beginning on the date that
is 30 days after the date of the enactment of the
Darfur Peace and Accountability Act of 2006,\4\ and in
the interest of contributing to peace in Sudan, the
President shall, consistent with the authorities
granted under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), block the assets
of any individual who the President determines is
complicit in, or responsible for, acts of genocide, war
crimes, or crimes against humanity in Darfur, including
the family members or any associates of such individual
to whom assets or property of such individual was
transferred on or after July 1, 2002.
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\4\ Public Law 109-344; 120 Stat. 1869; enacted October 13, 2006.
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(2) Restriction on visas.--Beginning on the date that
is 30 days after the date of the enactment of the
Darfur Peace and Accountability Act of 2006,\4\ and in
the interest of contributing to peace in Sudan, the
President shall deny a visa and entry to any individual
who the President determines to be complicit in, or
responsible for, acts of genocide, war crimes, or
crimes against humanity in Darfur, including the family
members or any associates of such individual to whom
assets or property of such individual was transferred
on or after July 1, 2002.
(d) \3\ Waiver.--The President may waive the application of
subsection (a) or (b) if the President determines and certifies
to the appropriate congressional committees that such a waiver
is in the national interest of the United States. The President
may waive the application of paragraph (1) or (2) of subsection
(c) with respect to any individual if the President determines
that such a waiver is in the national interests of the United
States and, before exercising the waiver, notifies the
appropriate congressional committees of the name of the
individual and the reasons for the waiver.\5\
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\5\ Sec. 5(b) of the Darfur Peace and Accountability Act of 2006
(Public Law 109-344; 120 Stat. 1876) added this sentence.
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(e) \3\ Continuation of Restrictions.--Restrictions against
the Government of Sudan that were imposed pursuant to title III
and sections 508, 512, and 527 of the Foreign Operations,
Export Financing, and Related Programs Act, 2004 (division D of
Public Law 108-199; 118 Stat. 143), or any other similar
provision of law, shall remain in effect against the Government
of Sudan and may not be lifted pursuant to such provisions of
law unless the President transmits a certification to the
appropriate congressional committees in accordance with
paragraph (2) of section 12(a) of the Sudan Peace Act (as added
by section 5(a)(1) of this Act).
(f) \3\ Determination.--Notwithstanding subsection (a) of
this section, the President shall continue to transmit the
determination required under section 6(b)(1)(A) of the Sudan
Peace Act (50 U.S.C. 1701 note).
SEC. 7.\6\ * * * [REPEALED--2006]
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\6\ Sec. 8(b) of the Darfur Peace and Accountability Act of 2006
(Public Law 109-344; 120 Stat. 1879) repealed sec. 7. See sec. 8(c),
(d), and (e) of that Act. Sec. 7 had read as follows:
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``sec. 7. additional authorities.
---------------------------------------------------------------------------
``Notwithstanding any other provision of law, the President is
authorized to provide assistance, other than military assistance, to
areas that were outside of the control of the Government of Sudan on
April 8, 2004, including to provide assistance for emergency relief,
development and governance, or to implement any program in support of
any viable peace agreement at the local, regional, or national level in
Sudan.''.
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SEC. 8. TECHNICAL CORRECTION.
Section 12 of the International Organizations Immunities
Act (22 U.S.C. 288f-2) is amended by striking ``Organization of
African Unity'' and inserting ``African Union''.
(4) Sudan Peace Act
Public Law 107-245 [H.R. 5531], 116 Stat. 1504, approved October 21,
2002; as amended by Public Law 108-497 [Comprehensive Peace in Sudan
Act of 2004; S. 2781], 118 Stat. 4012, approved December 23, 2004; and
Public Law 109-344 [Darfur Peace and Accountability Act of 2006; H.R.
3127], 120 Stat. 1869, approved October 13, 2006
AN ACT To facilitate famine relief efforts and a comprehensive solution
to the war in Sudan.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Sudan Peace Act''.
---------------------------------------------------------------------------
\1\ The entire Act is codified at 50 U.S.C. 1701 note.
---------------------------------------------------------------------------
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Government of Sudan has intensified its
prosecution of the war against areas outside of its
control, which has already cost more than 2,000,000
lives and has displaced more than 4,000,000 people.
(2) A viable, comprehensive, and internationally
sponsored peace process, protected from manipulation,
presents the best chance for a permanent resolution of
the war, protection of human rights, and a self-
sustaining Sudan.
(3) Continued strengthening and reform of
humanitarian relief operations in Sudan is an essential
element in the effort to bring an end to the war.
(4) Continued leadership by the United States is
critical.
(5) Regardless of the future political status of the
areas of Sudan outside of the control of the Government
of Sudan, the absence of credible civil authority and
institutions is a major impediment to achieving self-
sustenance by the Sudanese people and to meaningful
progress toward a viable peace process. It is critical
that credible civil authority and institutions play an
important role in the reconstruction of post-war Sudan.
(6) Through the manipulation of traditional rivalries
among peoples in areas outside of its full control, the
Government of Sudan has used divide-and-conquer
techniques effectively to subjugate its population.
However, internationally sponsored reconciliation
efforts have played a critical role in reducing human
suffering and the effectiveness of this tactic.
(7) The Government of Sudan utilizes and organizes
militias, Popular Defense Forces, and other irregular
units for raiding and enslaving parties in areas
outside of the control of the Government of Sudan in an
effort to disrupt severely the ability of the
populations in those areas to sustain themselves. The
tactic helps minimize the Government of Sudan's
accountability internationally.
(8) The Government of Sudan has repeatedly stated
that it intends to use the expected proceeds from
future oil sales to increase the tempo and lethality of
the war against the areas outside of its control.
(9) By regularly banning air transport relief flights
by the United Nations relief operation OLS, the
Government of Sudan has been able to manipulate the
receipt of food aid by the Sudanese people from the
United States and other donor countries as a
devastating weapon of war in the ongoing effort by the
Government of Sudan to starve targeted groups and
subdue areas of Sudan outside of the Government's
control.
(10) The acts of the Government of Sudan, including
the acts described in this section, constitute genocide
as defined by the Convention on the Prevention and
Punishment of the Crime of Genocide (78 U.N.T.S. 277).
(11) The efforts of the United States and other
donors in delivering relief and assistance through
means outside of OLS have played a critical role in
addressing the deficiencies in OLS and offset the
Government of Sudan's manipulation of food donations to
advantage in the civil war in Sudan.
(12) While the immediate needs of selected areas in
Sudan facing starvation have been addressed in the near
term, the population in areas of Sudan outside of the
control of the Government of Sudan are still in danger
of extreme disruption of their ability to sustain
themselves.
(13) The Nuba Mountains and many areas in Bahr al
Ghazal and the Upper Nile and the Blue Nile regions
have been excluded completely from relief distribution
by OLS, consequently placing their populations at
increased risk of famine.
(14) At a cost which has sometimes exceeded
$1,000,000 per day, and with a primary focus on
providing only for the immediate food needs of the
recipients, the current international relief operations
are neither sustainable nor desirable in the long term.
(15) The ability of populations to defend themselves
against attack in areas outside of the control of the
Government of Sudan has been severely compromised by
the disengagement of the front-line states of Ethiopia,
Eritrea, and Uganda, fostering the belief among
officials of the Government of Sudan that success on
the battlefield can be achieved.
(16) The United States should use all means of
pressure available to facilitate a comprehensive
solution to the war in Sudan, including--
(A) the multilateralization of economic and
diplomatic tools to compel the Government of
Sudan to enter into a good faith peace process;
(B) the support or creation of viable
democratic civil authority and institutions in
areas of Sudan outside of government control;
(C) continued active support of people-to-
people reconciliation mechanisms and efforts in
areas outside of government control;
(D) the strengthening of the mechanisms to
provide humanitarian relief to those areas; and
(E) cooperation among the trading partners of
the United States and within multilateral
institutions toward those ends.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations
of the Senate.
(2) Government of sudan.--Except as provided in
section 12, the \2\ term ``Government of Sudan'' means
the National Islamic Front government in Khartoum,
Sudan.
---------------------------------------------------------------------------
\2\ Sec. 5(a)(2)(A) of the Comprehensive Peace in Sudan Act of 2004
(Public Law 108-497; 118 Stat. 4017) struck out ``The'' and inserted in
lieu thereof ``Except as provided in section 12, the''.
---------------------------------------------------------------------------
(3) OLS.--The term ``OLS'' means the United Nations
relief operation carried out by UNICEF, the World Food
Program, and participating relief organizations known
as ``Operation Lifeline Sudan''.
(4) \3\ SPLM.--The term ``SPLM'' means the Sudan
People's Liberation Movement.
---------------------------------------------------------------------------
\3\ Sec. 5(a)(2)(B) of the Comprehensive Peace in Sudan Act of 2004
(Public Law 108-497; 118 Stat. 4017) added para. (4).
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SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, AND TACTICS
OF THE GOVERNMENT OF SUDAN.
The Congress hereby--
(1) condemns--
(A) violations of human rights on all sides
of the conflict in Sudan;
(B) the Government of Sudan's overall human
rights record, with regard to both the
prosecution of the war and the denial of basic
human and political rights to all Sudanese;
(C) the ongoing slave trade in Sudan and the
role of the Government of Sudan in abetting and
tolerating the practice;
(D) the Government of Sudan's use and
organization of ``murahalliin'' or
``mujahadeen'', Popular Defense Forces, and
regular Sudanese Army units into organized and
coordinated raiding and slaving parties in Bahr
al Ghazal, the Nuba Mountains, and the Upper
Nile and the Blue Nile regions; and
(E) aerial bombardment of civilian targets
that is sponsored by the Government of Sudan;
and
(2) recognizes that, along with selective bans on air
transport relief flights by the Government of Sudan,
the use of raiding and slaving parties is a tool for
creating food shortages and is used as a systematic
means to destroy the societies, culture, and economies
of the Dinka, Nuer, and Nuba peoples in a policy of
low-intensity ethnic cleansing.
SEC. 5. ASSISTANCE FOR PEACE AND DEMOCRATIC GOVERNANCE.
(a) Assistance to Sudan.--The President is authorized to
provide increased assistance to the areas of Sudan that are not
controlled by the Government of Sudan to prepare the population
for peace and democratic governance, including support for
civil administration, communications infrastructure, education,
health, and agriculture.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to the President to carry out the
activities described in subsection (a) of this section
$100,000,000 for each of the fiscal years 2003, 2004,
and 2005.
(2) Availability.--Amounts appropriated pursuant to
the authorization of appropriations under paragraph (1)
of this subsection are authorized to remain available
until expended.
SEC. 6. SUPPORT FOR AN INTERNATIONALLY SANCTIONED PEACE PROCESS.
(a) Findings.--Congress hereby--
(1) recognizes that--
(A) a single, viable internationally and
regionally sanctioned peace process holds the
greatest opportunity to promote a negotiated,
peaceful settlement to the war in Sudan; and
(B) resolution to the conflict in Sudan is
best made through a peace process based on the
Declaration of Principles reached in Nairobi,
Kenya, on July 20, 1994, and on the Machakos
Protocol in July 2002; and
(2) commends the efforts of Special Presidential
Envoy, Senator Danforth and his team in working to
assist the parties to the conflict in Sudan in finding
a just, permanent peace to the conflict in Sudan.
(b) Measures of Certain Conditions Not Met.--
(1) Presidential determination.--
(A) \4\ The President shall make a
determination and certify in writing to the
appropriate congressional committees within 6
months after the date of enactment of this Act,
and each 6 months thereafter, that the
Government of Sudan and the Sudan People's
Liberation Movement are negotiating in good
faith and that negotiations should continue.
---------------------------------------------------------------------------
\4\ On April 21, 2003, the President determined and certified that
``the Government of Sudan and the Sudan People's Liberation Movement
are negotiating in good faith and the negotiations should continue''
(Presidential Determination No. 2003-21; 68 F.R. 20329). Identical
determinations followed: Presidential Determination No. 2004-05 of
October 21, 2003 (68 F.R. 63977), and Presidential Determination No.
2004-29 of April 21, 2004 (69 F.R. 24905). In a memorandum of October
21, 2004, the President delegated the determination, certification, and
reporting functions of sec. 6(b)(1) to the Secretary of State (69 F.R.
63039).
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(B) If, under subparagraph (A) the President
determines and certifies in writing to the
appropriate congressional committees that the
Government of Sudan has not engaged in good
faith negotiations to achieve a permanent,
just, and equitable peace agreement, or has
unreasonably interfered with humanitarian
efforts, then the President, after consultation
with the Congress, shall implement the measures
set forth in paragraph (2).
(C) If, under paragraph (A) the President
determines and certifies in writing to the
appropriate congressional committees that the
Sudan People's Liberation Movement has not
engaged in good faith negotiations to achieve a
permanent, just, and equitable peace agreement,
then paragraph (2) shall not apply to the
Government of Sudan.
(D) If the President certifies to the
appropriate congressional committees that the
Government of Sudan is not in compliance with
the terms of a permanent peace agreement
between the Government of Sudan and the Sudan
People's Liberation Movement, then the
President, after consultation with the
Congress, shall implement the measures set
forth in paragraph (2).
(E) If, at any time after the President has
made a certification under subparagraph (B),
the President makes a determination and
certifies in writing to the appropriate
congressional committees that the Government of
Sudan has resumed good faith negotiations, or
makes a determination and certifies in writing
to the appropriate congressional committees
that the Government of Sudan is in compliance
with a peace agreement, then paragraph (2)
shall not apply to the Government of Sudan.
(2) Measures in support of the peace process.--
Subject to the provisions of paragraph (1), the
President--
(A) shall, through the Secretary of the
Treasury, instruct the United States executive
directors to each international financial
institution to continue to vote against and
actively oppose any extension by the respective
institution of any loan, credit, or guarantee
to the Government of Sudan;
(B) should consider downgrading or suspending
diplomatic relations between the United States
and the Government of Sudan;
(C) shall take all necessary and appropriate
steps, including through multilateral efforts,
to deny the Government of Sudan access to oil
revenues to ensure that the Government of Sudan
neither directly nor indirectly utilizes any
oil revenues to purchase or acquire military
equipment or to finance any military
activities; and
(D) shall seek a United Nations Security
Council Resolution to impose an arms embargo on
the Government of Sudan.
(c) Report on the Status of Negotiations.--If, at any time
after the President has made a certification under subsection
(b)(1)(A), the Government of Sudan discontinues negotiations
with the Sudan People's Liberation Movement for a 14-day
period, then the President shall submit a quarterly report to
the appropriate congressional committees on the status of the
peace process until negotiations resume.
(d) Report on United States Opposition To Financing by
International Financial Institutions.--The Secretary of the
Treasury shall submit a semiannual report to the appropriate
congressional committees describing the steps taken by the
United States to oppose the extension of a loan, credit, or
guarantee if, after the Secretary of the Treasury gives the
instructions described in subsection (b)(2)(A), such financing
is extended.
(e) \5\ Report on Efforts To Deny Oil Revenues.--Not later
than 45 days after the President takes an action under
subsection (b)(2)(C), the President shall submit to the
appropriate congressional committees a comprehensive plan for
implementing the actions described in such subsection.
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\5\ In a memorandum of March 14, 2005, the President delegated the
reporting function under sec. 6(e) to the Secretary of State (70 F.R.
14967; March 24, 2005).
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(f) Definition.--In this section, the term ``international
financial institution'' means the International Bank for
Reconstruction and Development, the International Development
Association, the International Monetary Fund, the African
Development Bank, and the African Development Fund.
SEC. 7. MULTILATERAL PRESSURE ON COMBATANTS.
It is the sense of Congress that--
(1) the United Nations should help facilitate peace
and recovery in Sudan;
(2) the President, acting through the United States
Permanent Representative to the United Nations, should
seek to end the veto power of the Government of Sudan
over the plans by OLS for air transport relief flights
and, by doing so, to end the manipulation of the
delivery of relief supplies to the advantage of the
Government of Sudan on the battlefield; and
(3) the President should take appropriate measures,
including the implementation of recommendations of the
International Eminent Persons Commission contained in
the report issued on May 22, 2002, to end slavery and
aerial bombardment of civilians by the Government of
Sudan.
SEC. 8.\6\ REPORTING REQUIREMENTS.
(a) Report on Commercial Activity.--Not later than 30 days
after the date of the enactment of the Comprehensive Peace in
Sudan Act of 2004, and annually thereafter until the completion
of the interim period outlined in the Machakos Protocol of
2002, the Secretary of State, in consultation with relevant
United States Government departments and agencies, shall submit
to the appropriate congressional committees a report regarding
commercial activity in Sudan that includes--
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\6\ Sec. 5(b) of the Comprehensive Peace in Sudan Act of 2004
(Public Law 108-497; 118 Stat. 4017) amended and restated sec. 8. Sec.
9 of the Darfur Peace and Accountability Act of 2006 (Public Law 109-
344; 120 Stat. 1880) subsequently redesignated subsec. (c) as subsec.
(g), and added new subsecs. (c) through (e), resulting in the section
having no subsec. (f).
See also sec. 1227 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2426), requiring a semiannual report, through 2011, of the Secretary of
Defense, in consultation with the Secretary of State, on implementation
of the Darfur Peace Agreement.
As originally enacted, sec. 8 read as follows:
---------------------------------------------------------------------------
``sec. 8. reporting requirement.
---------------------------------------------------------------------------
``Not later than 6 months after the date of the enactment of this
Act, and annually thereafter, the Secretary of State shall prepare and
submit to the appropriate congressional committees a report regarding
the conflict in Sudan. Such report shall include--
---------------------------------------------------------------------------
``(1) a description of the sources and current status of Sudan's
financing and construction of infrastructure and pipelines for oil
exploitation, the effects of such financing and construction on the
inhabitants of the regions in which the oil fields are located, and the
ability of the Government of Sudan to finance the war in Sudan with the
proceeds of the oil exploitation;
``(2) a description of the extent to which that financing was secured in
the United States or with involvement of United States citizens;
``(3) the best estimates of the extent of aerial bombardment by the
Government of Sudan, including targets, frequency, and best estimates of
damage; and
``(4) a description of the extent to which humanitarian relief has been
obstructed or manipulated by the Government of Sudan or other forces.''.
(1) a description of the sources and current status
of Sudan's financing and construction of infrastructure
and pipelines for oil exploitation, the effects of such
financing and construction on the inhabitants of the
regions in which the oil fields are located and the
ability of the Government of Sudan to finance the war
in Sudan with the proceeds of the oil exploitation;
(2) a description of the extent to which that
financing was secured in the United States or with the
involvement of United States citizens; and
(3) a description of the relationships between
Sudan's arms industry and major foreign business
enterprises and their subsidiaries, including
government-controlled entities.
(b) Report on the Conflict in Sudan, Including the Darfur
Region.--Not later than 30 days after the date of the enactment
of the Comprehensive Peace in Sudan Act of 2004, and annually
thereafter until the completion of the interim period outlined
in the Machakos Protocol of 2002, the Secretary of State shall
prepare and submit to the appropriate congressional committees
a report regarding the conflict in Sudan, including the
conflict in the Darfur region. Such report shall include--
(1) the best estimates of the extent of aerial
bombardment of civilian centers in Sudan by the
Government of Sudan, including targets, frequency, and
best estimates of damage; and
(2) a description of the extent to which humanitarian
relief in Sudan has been obstructed or manipulated by
the Government of Sudan or other forces, and a
contingency plan to distribute assistance should the
Government of Sudan continue to obstruct or delay the
international humanitarian response to the crisis in
Darfur.
(c) \6\ Report on African Union Mission in Sudan.--Until
such time as AMIS concludes its mission in Darfur, in
conjunction with the other reports required under this section,
the Secretary of State, in consultation with all relevant
Federal departments and agencies, shall prepare and submit a
report, to the appropriate congressional committees,
regarding--
(1) a detailed description of all United States
assistance provided to the African Union Mission in
Sudan (referred to in this subsection as ``AMIS'')
since the establishment of AMIS, reported by fiscal
year and the type and purpose of such assistance; and
(2) the level of other international assistance
provided to AMIS, including assistance from countries,
regional and international organizations, such as the
North Atlantic Treaty Organization, the European Union,
the Arab League, and the United Nations, reported by
fiscal year and the type and purpose of such
assistance, to the extent possible.
(d) \6\ Report on Sanctions in Support of Peace in
Darfur.--In conjunction with the other reports required under
this section, the Secretary of State shall submit a report to
the appropriate congressional committees regarding sanctions
imposed under section 6 of the Comprehensive Peace in Sudan Act
of 2004, including--
(1) a description of each sanction imposed under such
provision of law;
(2) the name of the individual or entity subject to
the sanction, if applicable; and
(3) whether or not such individual has been
identified by the United Nations panel of experts.
(e) \6\ Report on United States Military Assistance.--In
conjunction with the other reports required under this section,
the Secretary of State shall submit a report to the appropriate
congressional committees describing the effectiveness of any
assistance provided under section 8 of the Darfur Peace and
Accountability Act of 2006, including--
(1) a detailed annex on any military assistance
provided in the period covered by this report;
(2) the results of any review or other monitoring
conducted by the Federal Government with respect to
assistance provided under that Act; and
(3) any unauthorized retransfer or use of military
assistance furnished by the United States.
(g) \6\ Disclosure to the Public.--The Secretary of State
shall publish or otherwise make available to the public each
unclassified report, or portion of a report that is
unclassified, submitted under subsection (a) or (b).
SEC. 9. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF EFFORTS.
(a) Sense of Congress.--It is the sense of the Congress
that the President should continue to increase the use of non-
OLS agencies in the distribution of relief supplies in southern
Sudan.
(b) Report.--Not later than 90 days after the date of
enactment of this Act, the President shall submit to the
appropriate congressional committees a detailed report
describing the progress made toward carrying out subsection
(a).
SEC. 10. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT RELIEF FLIGHTS.
(a) Plan.--The President shall develop a contingency plan
to provide, outside the auspices of the United Nations if
necessary, the greatest possible amount of United States
Government and privately donated relief to all affected areas
in Sudan, including the Nuba Mountains and the Upper Nile and
the Blue Nile regions, in the event that the Government of
Sudan imposes a total, partial, or incremental ban on OLS air
transport relief flights.
(b) Reprogramming Authority.--Notwithstanding any other
provision of law, in carrying out the plan developed under
subsection (a), the President may reprogram up to 100 percent
of the funds available for support of OLS operations for the
purposes of the plan.
SEC. 11. INVESTIGATION OF WAR CRIMES.
(a) In General.--The Secretary of State shall collect
information about incidents which may constitute crimes against
humanity, genocide, war crimes, and other violations of
international humanitarian law by all parties to the conflict
in Sudan, including slavery, rape, and aerial bombardment of
civilian targets.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act and annually thereafter, the Secretary of
State shall prepare and submit to the appropriate congressional
committees a detailed report on the information that the
Secretary of State has collected under subsection (a) and any
findings or determinations made by the Secretary on the basis
of that information. The report under this subsection may be
submitted as part of the report required under section 8.
(c) Consultations With Other Departments.--In preparing the
report required by this section, the Secretary of State shall
consult and coordinate with all other Government officials who
have information necessary to complete the report. Nothing
contained in this section shall require the disclosure, on a
classified or unclassified basis, of information that would
jeopardize sensitive sources and methods or other vital
national security interests.
SEC. 12.\7\ ASSISTANCE FOR THE CRISIS IN DARFUR AND FOR COMPREHENSIVE
PEACE IN SUDAN.
(a) Assistance.--
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\7\ 50 U.S.C. 1701 note. Sec. 5(a)(1) of the Comprehensive Peace in
Sudan Act of 2004 (Public Law 108-497; 118 Stat. 4016) added sec. 12.
---------------------------------------------------------------------------
(1) Authority.--Notwithstanding any other provision
of law, the President is authorized to provide
assistance for Sudan as authorized in paragraph (5) of
this section--
(A) subject to the requirements of this
section, to support the implementation of a
comprehensive peace agreement that applies to
all regions of Sudan, including the Darfur
region; and
(B) to address the humanitarian and human
rights crisis in the Darfur region and eastern
Chad, including to support the African Union
mission in the Darfur region, provided that no
assistance may be made available to the
Government of Sudan.
(2) Certification for the government of sudan.--
Assistance authorized under paragraph (1)(A) may be
provided to the Government of Sudan only if the
President certifies to the appropriate congressional
committees that the Government of Sudan has taken
demonstrable steps to--
(A) ensure that the armed forces of Sudan and
any associated militias are not committing
atrocities or obstructing human rights monitors
or the provision of humanitarian assistance;
(B) demobilize and disarm militias supported
or created by the Government of Sudan;
(C) allow full and unfettered humanitarian
assistance to all regions of Sudan, including
the Darfur region;
(D) allow an international commission of
inquiry to conduct an investigation of
atrocities in the Darfur region, in a manner
consistent with United Nations Security Council
Resolution 1564 (September 18, 2004), to
investigate reports of violations of
international humanitarian law and human rights
law in the Darfur region by all parties, to
determine also whether or not acts of genocide
have occurred and to identify the perpetrators
of such violations with a view to ensuring that
those responsible are held accountable;
(E) cooperate fully with the African Union,
the United Nations, and all other observer,
monitoring, and protection missions mandated to
operate in Sudan;
(F) permit the safe and voluntary return of
displaced persons and refugees to their homes
and rebuild the communities destroyed in the
violence; and
(G) implement the final agreements reached in
the Naivasha peace process and install a new
coalition government based on the Nairobi
Declaration on the Final Phase of Peace in the
Sudan signed on June 5, 2004.
(3) Certification with regard to splm's compliance
with a peace agreement.--If the President determines
and certifies in writing to the appropriate
congressional committees that the SPLM has not engaged
in good faith negotiations, or has failed to honor the
agreements signed, the President shall suspend
assistance authorized in this section for the SPLM,
except for health care, education, and humanitarian
assistance.
(4) Suspension of assistance.--If, on a date after
the President transmits the certification described in
paragraph (2), the President determines that the
Government of Sudan has ceased taking the actions
described in such paragraph, the President shall
immediately suspend the provision of any assistance to
such Government under this section until the date on
which the President transmits to the appropriate
congressional committees a further certification that
the Government of Sudan has resumed taking such
actions.
(5) Authorization of appropriations.--
(A) In general.--In addition to any other
funds otherwise available for such purposes,
there are authorized to be appropriated to the
President--
(i) $100,000,000 for fiscal year
2005, and such sums as may be necessary
for each of the fiscal years 2006 and
2007, unless otherwise authorized, to
carry out paragraph (1)(A); and
(ii) $200,000,000 for fiscal year
2005 to carry out paragraph (1)(B),
provided that no amounts appropriated
under this authorization may be made
available for the Government of Sudan.
(B) Availability.--Amounts appropriated
pursuant to the authorization of appropriations
under subparagraph (A) are authorized to remain
available until expended.
(b) Government of Sudan Defined.--In this section, the term
``Government of Sudan'' means the National Congress Party,
formerly known as the National Islamic Front, government in
Khartoum, Sudan, or any successor government formed on or after
the date of the enactment of the Comprehensive Peace in Sudan
Act (other than the coalition government agreed upon in the
Nairobi Declaration on the Final Phase of Peace in the Sudan
signed on June 5, 2004).
t. Trafficking in Persons
(1) Trafficking Victims Protection Act of 2000
Division A of Public Law 106-386 [Victims of Trafficking and Violence
Protection Act of 2000; H.R. 3244], 114 Stat. 1464, approved October
28, 2000; as amended by Public Law 107-228 [Foreign Relations
Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350,
approved September 30, 2002; Public Law 108-193 [Trafficking Victims
Protection Reauthorization Act of 2003; H.R. 2620], 117 Stat. 2875,
approved December 19, 2003; Public Law 109-162 [Violence Against Women
and Department of Justice Reauthorization Act of 2005; H.R. 3402], 119
Stat. 2960, approved January 5, 2006; Public Law 109-164 [Trafficking
Victims Protection Reauthorization Act of 2005; H.R. 972], 119 Stat.
3558, approved January 10, 2006; and Public Law 110-457 [William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008;
H.R. 7311], 122 Stat. 5044, approved December 23, 2008
AN ACT To combat trafficking in persons, especially into the sex trade,
slavery, and involuntary servitude, to reauthorize certain Federal
programs to prevent violence against women, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000
SEC. 101.\1\ SHORT TITLE.
This division may be cited as the ``Trafficking Victims
Protection Act of 2000''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 7101 note.
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SEC. 102.\2\ PURPOSES AND FINDINGS.
(a) Purposes.--The purposes of this division are to combat
trafficking in persons, a contemporary manifestation of slavery
whose victims are predominantly women and children, to ensure
just and effective punishment of traffickers, and to protect
their victims.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 7101.
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(b) Findings.--Congress finds that:
(1) As the 21st century begins, the degrading
institution of slavery continues throughout the world.
Trafficking in persons is a modern form of slavery, and
it is the largest manifestation of slavery today. At
least 700,000 persons annually, primarily women and
children, are trafficked within or across international
borders. Approximately 50,000 women and children are
trafficked into the United States each year.
(2) Many of these persons are trafficked into the
international sex trade, often by force, fraud, or
coercion. The sex industry has rapidly expanded over
the past several decades. It involves sexual
exploitation of persons, predominantly women and girls,
involving activities related to prostitution,
pornography, sex tourism, and other commercial sexual
services. The low status of women in many parts of the
world has contributed to a burgeoning of the
trafficking industry.
(3) Trafficking in persons is not limited to the sex
industry. This growing transnational crime also
includes forced labor and involves significant
violations of labor, public health, and human rights
standards worldwide.
(4) Traffickers primarily target women and girls, who
are disproportionately affected by poverty, the lack of
access to education, chronic unemployment,
discrimination, and the lack of economic opportunities
in countries of origin. Traffickers lure women and
girls into their networks through false promises of
decent working conditions at relatively good pay as
nannies, maids, dancers, factory workers, restaurant
workers, sales clerks, or models. Traffickers also buy
children from poor families and sell them into
prostitution or into various types of forced or bonded
labor.
(5) Traffickers often transport victims from their
home communities to unfamiliar destinations, including
foreign countries away from family and friends,
religious institutions, and other sources of protection
and support, leaving the victims defenseless and
vulnerable.
(6) Victims are often forced through physical
violence to engage in sex acts or perform slavery-like
labor. Such force includes rape and other forms of
sexual abuse, torture, starvation, imprisonment,
threats, psychological abuse, and coercion.
(7) Traffickers often make representations to their
victims that physical harm may occur to them or others
should the victim escape or attempt to escape. Such
representations can have the same coercive effects on
victims as direct threats to inflict such harm.
(8) Trafficking in persons is increasingly
perpetrated by organized, sophisticated criminal
enterprises. Such trafficking is the fastest growing
source of profits for organized criminal enterprises
worldwide. Profits from the trafficking industry
contribute to the expansion of organized crime in the
United States and worldwide. Trafficking in persons is
often aided by official corruption in countries of
origin, transit, and destination, thereby threatening
the rule of law.
(9) Trafficking includes all the elements of the
crime of forcible rape when it involves the involuntary
participation of another person in sex acts by means of
fraud, force, or coercion.
(10) Trafficking also involves violations of other
laws, including labor and immigration codes and laws
against kidnapping, slavery, false imprisonment,
assault, battery, pandering, fraud, and extortion.
(11) Trafficking exposes victims to serious health
risks. Women and children trafficked in the sex
industry are exposed to deadly diseases, including HIV
and AIDS. Trafficking victims are sometimes worked or
physically brutalized to death.
(12) Trafficking in persons substantially affects
interstate and foreign commerce. Trafficking for such
purposes as involuntary servitude, peonage, and other
forms of forced labor has an impact on the nationwide
employment network and labor market. Within the context
of slavery, servitude, and labor or services which are
obtained or maintained through coercive conduct that
amounts to a condition of servitude, victims are
subjected to a range of violations.
(13) Involuntary servitude statutes are intended to
reach cases in which persons are held in a condition of
servitude through nonviolent coercion. In United States
v. Kozminski, 487 U.S. 931 (1988), the Supreme Court
found that section 1584 of title 18, United States
Code, should be narrowly interpreted, absent a
definition of involuntary servitude by Congress. As a
result, that section was interpreted to criminalize
only servitude that is brought about through use or
threatened use of physical or legal coercion, and to
exclude other conduct that can have the same purpose
and effect.
(14) Existing legislation and law enforcement in the
United States and other countries are inadequate to
deter trafficking and bring traffickers to justice,
failing to reflect the gravity of the offenses
involved. No comprehensive law exists in the United
States that penalizes the range of offenses involved in
the trafficking scheme. Instead, even the most brutal
instances of trafficking in the sex industry are often
punished under laws that also apply to lesser offenses,
so that traffickers typically escape deserved
punishment.
(15) In the United States, the seriousness of this
crime and its components is not reflected in current
sentencing guidelines, resulting in weak penalties for
convicted traffickers.
(16) In some countries, enforcement against
traffickers is also hindered by official indifference,
by corruption, and sometimes even by official
participation in trafficking.
(17) Existing laws often fail to protect victims of
trafficking, and because victims are often illegal
immigrants in the destination country, they are
repeatedly punished more harshly than the traffickers
themselves.
(18) Additionally, adequate services and facilities
do not exist to meet victims' needs regarding health
care, housing, education, and legal assistance, which
safely reintegrate trafficking victims into their home
countries.
(19) Victims of severe forms of trafficking should
not be inappropriately incarcerated, fined, or
otherwise penalized solely for unlawful acts committed
as a direct result of being trafficked, such as using
false documents, entering the country without
documentation, or working without documentation.
(20) Because victims of trafficking are frequently
unfamiliar with the laws, cultures, and languages of
the countries into which they have been trafficked,
because they are often subjected to coercion and
intimidation including physical detention and debt
bondage, and because they often fear retribution and
forcible removal to countries in which they will face
retribution or other hardship, these victims often find
it difficult or impossible to report the crimes
committed against them or to assist in the
investigation and prosecution of such crimes.
(21) Trafficking of persons is an evil requiring
concerted and vigorous action by countries of origin,
transit or destination, and by international
organizations.
(22) One of the founding documents of the United
States, the Declaration of Independence, recognizes the
inherent dignity and worth of all people. It states
that all men are created equal and that they are
endowed by their Creator with certain unalienable
rights. The right to be free from slavery and
involuntary servitude is among those unalienable
rights. Acknowledging this fact, the United States
outlawed slavery and involuntary servitude in 1865,
recognizing them as evil institutions that must be
abolished. Current practices of sexual slavery and
trafficking of women and children are similarly
abhorrent to the principles upon which the United
States was founded.
(23) The United States and the international
community agree that trafficking in persons involves
grave violations of human rights and is a matter of
pressing international concern. The international
community has repeatedly condemned slavery and
involuntary servitude, violence against women, and
other elements of trafficking, through declarations,
treaties, and United Nations resolutions and reports,
including the Universal Declaration of Human Rights;
the 1956 Supplementary Convention on the Abolition of
Slavery, the Slave Trade, and Institutions and
Practices Similar to Slavery; the 1948 American
Declaration on the Rights and Duties of Man; the 1957
Abolition of Forced Labor Convention; the International
Covenant on Civil and Political Rights; the Convention
Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment; United Nations General
Assembly Resolutions 50/167, 51/66, and 52/98; the
Final Report of the World Congress against Sexual
Exploitation of Children (Stockholm, 1996); the Fourth
World Conference on Women (Beijing, 1995); and the 1991
Moscow Document of the Organization for Security and
Cooperation in Europe.
(24) Trafficking in persons is a transnational crime
with national implications. To deter international
trafficking and bring its perpetrators to justice,
nations including the United States must recognize that
trafficking is a serious offense. This is done by
prescribing appropriate punishment, giving priority to
the prosecution of trafficking offenses, and protecting
rather than punishing the victims of such offenses. The
United States must work bilaterally and multilaterally
to abolish the trafficking industry by taking steps to
promote cooperation among countries linked together by
international trafficking routes. The United States
must also urge the international community to take
strong action in multilateral fora to engage
recalcitrant countries in serious and sustained efforts
to eliminate trafficking and protect trafficking
victims.
SEC. 103.\3\ DEFINITIONS.
In this division:
---------------------------------------------------------------------------
\3\ 22 U.S.C. 7102.
---------------------------------------------------------------------------
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Relations and the Committee on the
Judiciary of the Senate and the Committee on Foreign
Affairs \4\ and the Committee on the Judiciary of the
House of Representatives.
---------------------------------------------------------------------------
\4\ Sec. 304(a) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5087) struck out ``International Relations'' and inserted in lieu
thereof ``Foreign Affairs''.
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(2) Coercion.--The term ``coercion'' means--
(A) threats of serious harm to or physical
restraint against any person;
(B) any scheme, plan, or pattern intended to
cause a person to believe that failure to
perform an act would result in serious harm to
or physical restraint against any person; or
(C) the abuse or threatened abuse of the
legal process.
(3) Commercial sex act.--The term ``commercial sex
act'' means any sex act on account of which anything of
value is given to or received by any person.
(4) Debt bondage.--The term ``debt bondage'' means
the status or condition of a debtor arising from a
pledge by the debtor of his or her personal services or
of those of a person under his or her control as a
security for debt, if the value of those services as
reasonably assessed is not applied toward the
liquidation of the debt or the length and nature of
those services are not respectively limited and
defined.
(5) Involuntary servitude.--The term ``involuntary
servitude'' includes a condition of servitude induced
by means of--
(A) any scheme, plan, or pattern intended to
cause a person to believe that, if the person
did not enter into or continue in such
condition, that person or another person would
suffer serious harm or physical restraint; or
(B) the abuse or threatened abuse of the
legal process.
(6) Minimum standards for the elimination of
trafficking.--The term ``minimum standards for the
elimination of trafficking'' means the standards set
forth in section 108.
(7) Nonhumanitarian, nontrade-related foreign
assistance.--The term ``nonhumanitarian, nontrade-
related foreign assistance'' means--
(A) any assistance under the Foreign
Assistance Act of 1961, other than--
(i) assistance under chapter 4 of
part II of that Act in support of
programs of nongovernmental
organizations \5\ that is made
available for any program, project, or
activity eligible for assistance under
chapter 1 of part I of that Act;
---------------------------------------------------------------------------
\5\ Sec. 8(b)(1) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2887)
inserted ``in support of programs of nongovernmental organizations''
after ``part II of that Act''.
---------------------------------------------------------------------------
(ii) assistance under chapter 8 of
part I of that Act;
(iii) any other narcotics-related
assistance under part I of that Act or
under chapter 4 or 5 part II of that
Act, but any such assistance provided
under this clause shall be subject to
the prior notification procedures
applicable to reprogrammings pursuant
to section 634A of that Act;
(iv) disaster relief assistance,
including any assistance under chapter
9 of part I of that Act;
(v) antiterrorism assistance under
chapter 8 of part II of that Act;
(vi) assistance for refugees;
(vii) humanitarian and other
development assistance in support of
programs of nongovernmental
organizations under chapters 1 and 10
of that Act;
(viii) programs under title IV of
chapter 2 of part I of that Act,
relating to the Overseas Private
Investment Corporation; and
(ix) other programs involving trade-
related or humanitarian assistance; and
(B) sales, or financing on any terms, under
the Arms Export Control Act, other than sales
or financing provided for narcotics-related
purposes following notification in accordance
with the prior notification procedures
applicable to reprogrammings pursuant to
section 634A of the Foreign Assistance Act of
1961.
(8) Severe forms of trafficking in persons.--The term
``severe forms of trafficking in persons'' means--
(A) sex trafficking in which a commercial sex
act is induced by force, fraud, or coercion, or
in which the person induced to perform such act
has not attained 18 years of age; or
(B) the recruitment, harboring,
transportation, provision, or obtaining of a
person for labor or services, through the use
of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage,
debt bondage, or slavery.
(9) Sex trafficking.--The term ``sex trafficking''
means the recruitment, harboring, transportation,
provision, or obtaining of a person for the purpose of
a commercial sex act.
(10) State.--The term ``State'' means each of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and
territories and possessions of the United States.
(11) Task force.--The term ``Task Force'' means the
Interagency Task Force to Monitor and Combat
Trafficking established under section 105.
(12) United states.--The term ``United States'' means
the fifty States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, and the territories and
possessions of the United States.
(13) Victim of a severe form of trafficking.--The
term ``victim of a severe form of trafficking'' means a
person subject to an act or practice described in
paragraph (8).
(14) Victim of trafficking.--The term ``victim of
trafficking'' means a person subjected to an act or
practice described in paragraph (8) or (9).
SEC. 104. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.
(a) Countries Receiving Economic Assistance.--Section
116(f) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151(f)) is amended to read as follows: * * * \6\
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\6\ Should refer to 22 U.S.C. 2151n(f).
---------------------------------------------------------------------------
(b) Countries Receiving Security Assistance.--Section 502B
of the Foreign Assistance Act of 1961 (22 U.S.C. 2304) is
amended by adding at the end the following new subsection: * *
*
SEC. 105.\7\ INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.
(a) Establishment.--The President shall establish an
Interagency Task Force to Monitor and Combat Trafficking.\8\
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\7\ 22 U.S.C. 7103.
\8\ Sec. 406 of the Department of State and Related Agency
Appropriations Act, 2003 (title IV of division B of Public Law 108-7;
117 Stat. 92), required the establishment of a Senior Policy Operating
Group under the Interagency Task Force. Sec. 6(c) of the Trafficking
Victims Protection Reauthorization Act of 2003 (Public Law 108-193; 117
Stat. 2881) subsequently added the establishment of the Senior Policy
Operating Group at sec. 105(f) and repealed sec. 406.
The President established an Interagency Task Force to Monitor and
Combat Trafficking in Persons with the issuance of Executive Order
13257 of February 13, 2002 (67 F.R. 7259). The Department of State
issued a final rule to implement sec. 105, effective September 22, 2005
(Department of State Public Notice PN-5200; 22 CFR Part 96; 70 F.R.
59654; October 13, 2005). Department of State Public Noticec PN-5338
redesignated the rule as 22 CFR Part 104 (March 3, 2006; 71 F.R.
12132).
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(b) Appointment.--The President shall appoint the members
of the Task Force, which shall include the Secretary of State,
the Administrator of the United States Agency for International
Development, the Attorney General, the Secretary of Labor, the
Secretary of Health and Human Services, the Director of
National Intelligence,\9\ the Secretary of Defense, the
Secretary of Homeland Security,\10\ the Secretary of
Education,\11\ and such other officials as may be designated by
the President.
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\9\ Sec. 104(a)(1) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3564) struck
out ``the Director of Central Intelligence'' and inserted in lieu
thereof ``the Director of National Intelligence''.
\10\ Sec. 104(a)(2) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3564)
inserted ``, the Secretary of Defense, the Secretary of Homeland
Security'' after ``the Director of National Security''.
\11\ Sec. 101 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5045) inserted ``the Secretary of Education,'' after ``the Secretary of
Homeland Security,''.
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(c) Chairman.--The Task Force shall be chaired by the
Secretary of State.
(d) Activities of the Task Force.--The Task Force shall
carry out the following activities:
(1) Coordinate the implementation of this division.
(2) Measure and evaluate progress of the United
States and other countries in the areas of trafficking
prevention, protection, and assistance to victims of
trafficking, and prosecution and enforcement against
traffickers, including the role of public corruption in
facilitating trafficking. The Task Force shall have
primary responsibility for assisting the Secretary of
State in the preparation of the reports described in
section 110.
(3) Expand interagency procedures to collect and
organize data, including significant research and
resource information on domestic and international
trafficking. Any data collection procedures established
under this subsection shall respect the confidentiality
of victims of trafficking.
(4) Engage in efforts to facilitate cooperation among
countries of origin, transit, and destination. Such
efforts shall aim to strengthen local and regional
capacities to prevent trafficking, prosecute
traffickers and assist trafficking victims, and shall
include initiatives to enhance cooperative efforts
between destination countries and countries of origin
and assist in the appropriate reintegration of
stateless victims of trafficking.
(5) Examine the role of the international ``sex
tourism'' industry in the trafficking of persons and in
the sexual exploitation of women and children around
the world.
(6) Engage in consultation and advocacy with
governmental and nongovernmental organizations, among
other entities, to advance the purposes of this
division.
(7) \12\ Not later than May 1, 2004, and annually
thereafter, the Attorney General shall submit to the
Committee on Ways and Means, the Committee on Foreign
Affairs,\13\ and the Committee on the Judiciary of the
House of Representatives and the Committee on Finance,
the Committee on Foreign Relations, and the Committee
on the Judiciary of the Senate, a report on Federal
agencies that are implementing any provision of this
division, or any amendment made by this division, which
shall include, at a minimum, information on--
---------------------------------------------------------------------------
\12\ Sec. 6(a)(1) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2880) added
para. (7).
\13\ Sec. 304(a) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5087) struck out ``International Relations'' and inserted in lieu
thereof ``Foreign Affairs''.
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(A) the number of persons who received
benefits or other services under subsections
(b) and (f) of section 107 \14\ in connection
with programs or activities funded or
administered by the Secretary of Health and
Human Services, the Secretary of Labor, the
Attorney General,\15\ the Board of Directors of
the Legal Services Corporation, and other
appropriate Federal agencies during the
preceding fiscal year;
---------------------------------------------------------------------------
\14\ Sec. 231(1)(A) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5073) struck out ``section 107(b)'' and inserted in lieu thereof
``subsections (b) and (f) of section 107''.
\15\ Sec. 231(1)(B) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5073) inserted ``the Attorney General,'' after ``the Secretary of
Labor,''.
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(B) the number of persons who have been
granted continued presence in the United States
under section 107(c)(3) during the preceding
fiscal year;
(C) the number of persons who have applied
for, been granted, or been denied a visa or
otherwise provided status under section
101(a)(15)(T)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(T)(i))
during the preceding fiscal year;
(D) the number of persons who have been
charged or convicted under one or more of
sections 1581, 1583, 1584, 1589, 1590, 1591,
1592, or 1594 of title 18, United States Code,
during the preceding fiscal year and the
sentences imposed against each such person;
(E) the amount, recipient, and purpose of
each grant issued by any Federal agency to
carry out the purposes of sections 106 and 107
of this Act, or section 134 of the Foreign
Assistance Act of 1961, during the preceding
fiscal year;
(F) the nature of training conducted pursuant
to section 107(c)(4) during the preceding
fiscal year; \16\
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\16\ Sec. 205 of the Trafficking Victims Protection Reauthorization
Act of 2005 (Public Law 109-164; 119 Stat. 3571) struck out ``and'' at
the end of subpara. (F); redesignated subpara. (G) as subpara. (H); and
added a new subpara. (G).
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(G) \16\ the amount, recipient, and purpose
of each grant under section 202 and 204 of the
Trafficking Victims Protection Act of 2005;
\17\
---------------------------------------------------------------------------
\17\ Sec. 231(2), (3), and (4) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (Public Law
110-457; 122 Stat. 5073) struck out ``and'' at the end of subpara. (G);
redesignated subpara. (H) as subpara. (J); and inserted new subparas.
(H) and (I).
---------------------------------------------------------------------------
(H) \17\ activities by the Department of
Defense to combat trafficking in persons,
including--
(i) educational efforts for, and
disciplinary actions taken against,
members of the United States Armed
Forces;
(ii) the development of materials
used to train the armed forces of
foreign countries; and
(iii) efforts to ensure that United
States Government contractors and their
employees or United States Government
subcontractors and their employees do
not engage in trafficking in persons;
(I) \17\ activities or actions by Federal
departments and agencies to enforce--
(i) section 106(g) and any similar
law, regulation, or policy relating to
United States Government contractors
and their employees or United States
Government subcontractors and their
employees that engage in severe forms
of trafficking in persons, the
procurement of commercial sex acts, or
the use of forced labor, including debt
bondage;
(ii) section 307 of the Tariff Act of
1930 (19 U.S.C. 1307; relating to
prohibition on importation of convict-
made goods), including any
determinations by the Secretary of
Homeland Security to waive the
restrictions of such section; and
(iii) prohibitions on the procurement
by the United States Government of
items or services produced by slave
labor, consistent with Executive Order
13107 (December 10, 1998); and
(J) \16\, \17\ the activities
undertaken by the Senior Policy Operating Group
to carry out its responsibilities under section
105(f) of this division.
(e) \18\ Office To Monitor and Combat Trafficking.--
---------------------------------------------------------------------------
\18\ Sec. 102(1) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5045) struck out ``Support for the Task Force'' and inserted in lieu
thereof ``Office to Monitor and Combat Trafficking'' in the subsection
heading.
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(1) In general.--The Secretary of State shall \19\
establish within the Department of State an Office to
Monitor and Combat Trafficking, which shall provide
assistance to the Task Force. Any such Office shall be
headed by a Director, who shall be appointed by the
President, by and with the advice and consent of the
Senate, with the rank of Ambassador-at-Large.\20\ The
Director shall have the primary responsibility for
assisting the Secretary of State in carrying out the
purposes of this division and may have additional
responsibilities as determined by the Secretary. The
Director shall consult with nongovernmental
organizations and multilateral organizations, and with
trafficking victims or other affected persons. The
Director shall have the authority to take evidence in
public hearings or by other means. The agencies
represented on the Task Force are authorized to provide
staff to the Office on a nonreimbursable basis.
---------------------------------------------------------------------------
\19\ Sec. 102(2) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5045) struck out ``The Secretary of State is authorized to'' and
inserted in lieu thereof a paragraph indentation and the text ``(1) In
general.--The Secretary of State shall''.
\20\ Sec. 6(b)(1) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2881)
inserted ``, who shall be appointed by the President, by and with the
advice and consent of the Senate, with the rank of Ambassador-at-
Large''. Sec. 6(b)(2) of that Act (22 U.S.C. 7103 note) provided the
following:
``(2) Applicability.--The individual who holds the position of
Director of the Office to Monitor and Combat Trafficking of the
Department of State may continue to hold such position notwithstanding
the amendment made by paragraph (1).''.
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(2) \21\ Coordination of certain activities.--
---------------------------------------------------------------------------
\21\ Sec. 102(3) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5045) added para. (2).
---------------------------------------------------------------------------
(A) Partnerships.--The Director, in
coordination and cooperation with other
officials at the Department of State involved
in corporate responsibility, the Deputy Under
Secretary for International Affairs of the
Department of Labor, and other relevant
officials of the United States Government,
shall promote, build, and sustain partnerships
between the United States Government and
private entities (including foundations,
universities, corporations, community-based
organizations, and other nongovernmental
organizations) to ensure that--
(i) United States citizens do not use
any item, product, or material produced
or extracted with the use of labor from
victims of severe forms of trafficking;
and
(ii) such entities do not contribute
to trafficking in persons involving
sexual exploitation.
(B) United states assistance.--The Director
shall be responsible for--
(i) all policy, funding, and
programming decisions regarding funds
made available for trafficking in
persons programs that are centrally
controlled by the Office to Monitor and
Combat Trafficking; and
(ii) coordinating any trafficking in
persons programs of the Department of
State or the United States Agency for
International Development that are not
centrally controlled by the Director.
(f) \22\ Senior Policy Operating Group.--
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\22\ Sec. 6(c)(1) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2881) added
subsec. (f).
Sec. 7068 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 900), provides the following:
---------------------------------------------------------------------------
``senior policy operating group
---------------------------------------------------------------------------
``Sec. 7068. (a) The Senior Policy Operating Group on Trafficking
in Persons, established under section 105(f) of the Victims of
Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(f)) to
coordinate agency activities regarding policies (including grants and
grant policies) involving the international trafficking in persons,
shall coordinate all such policies related to the activities of
traffickers and victims of severe forms of trafficking.
``(b) None of the funds provided under title I of this or any other
Act making appropriations for the Department of State, foreign
operations, and related programs shall be expended to perform functions
that duplicate coordinating responsibilities of the Operating Group.
``(c) The Operating Group shall continue to report only to the
authorities that appointed them pursuant to section 105(f).''.
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(1) Establishment.--There shall be established within
the executive branch a Senior Policy Operating Group.
(2) Membership; related matters.--
(A) In general.--The Operating Group shall
consist of the senior officials designated as
representatives of the appointed members of the
Task Force (pursuant to Executive Order No.
13257 of February 13, 2002).
(B) Chairperson.--The Operating Group shall
be chaired by the Director of the Office to
Monitor and Combat Trafficking of the
Department of State.
(C) Meetings.--The Operating Group shall meet
on a regular basis at the call of the
Chairperson.
(3) Duties.--The Operating Group shall coordinate
activities of Federal departments and agencies
regarding policies (including grants and grant
policies) involving the international trafficking in
persons and the implementation of this division.
(4) Availability of information.--Each Federal
department or agency represented on the Operating Group
shall fully share all information with such Group
regarding the department or agency's plans, before and
after final agency decisions are made, on all matters
relating to grants, grant policies, and other
significant actions regarding the international
trafficking in persons and the implementation of this
division.
(5) Regulations.--Not later than 90 days after the
date of the enactment of the Trafficking Victims
Protection Reauthorization Act of 2003, the President
shall promulgate regulations to implement this section,
including regulations to carry out paragraph (4).
SEC. 106.\23\ PREVENTION OF TRAFFICKING.
(a) Economic Alternatives To Prevent and Deter
Trafficking.--The President shall establish and carry out
international initiatives to enhance economic opportunity for
potential victims of trafficking as a method to deter
trafficking. Such initiatives may include--
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\23\ 22 U.S.C. 7104.
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(1) microcredit lending programs, training in
business development, skills training, and job
counseling;
(2) programs to promote women's participation in
economic decisionmaking;
(3) programs to keep children, especially girls, in
elementary and secondary schools, and to educate
persons who have been victims of trafficking;
(4) development of educational curricula regarding
the dangers of trafficking; and
(5) grants to nongovernmental organizations to
accelerate and advance the political, economic, social,
and educational roles and capacities of women in their
countries.
(b) Public Awareness and Information.--The President,
acting through the Secretary of Labor, the Secretary of Health
and Human Services, the Attorney General, and the Secretary of
State, shall establish and carry out programs to increase
public awareness, particularly among potential victims of
trafficking, of the dangers of trafficking and the protections
that are available for victims of trafficking.
(c) \24\ Border Interdiction.--The President shall
establish and carry out programs of border interdiction outside
the United States. Such programs shall include providing grants
to foreign nongovernmental organizations that provide for
transit shelters operating at key border crossings and that
help train survivors of trafficking in persons to educate and
train border guards and officials, and other local law
enforcement officials, to identify traffickers and victims of
severe forms of trafficking, and the appropriate manner in
which to treat such victims. Such programs shall also include,
to the extent appropriate, monitoring by such survivors of
trafficking in persons of the implementation of border
interdiction programs, including helping in the identification
of such victims to stop the cross-border transit of victims.
The President shall ensure that any program established under
this subsection provides the opportunity for any trafficking
victim who is freed to return to his or her previous residence
if the victim so chooses.
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\24\ Sec. 3(a) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2875)
redesignated subsec. (c) as subsec. (f), and added new subsecs. (c)
through (e).
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(d) \24\ International Media.--The President shall
establish and carry out programs that support the production of
television and radio programs, including documentaries, to
inform vulnerable populations overseas of the dangers of
trafficking, and to increase awareness of the public in
countries of destination regarding the slave-like practices and
other human rights abuses involved in trafficking, including
fostering linkages between individuals working in the media in
different countries to determine the best methods for informing
such populations through such media.
(e) \24\ Combating International Sex Tourism.--
(1) Development and dissemination of materials.--The
President, pursuant to such regulations as may be
prescribed, shall ensure that materials are developed
and disseminated to alert travelers that sex tourism
(as described in subsections (b) through (f) of section
2423 of title 18, United States Code) is illegal, will
be prosecuted, and presents dangers to those involved.
Such materials shall be disseminated to individuals
traveling to foreign destinations where the President
determines that sex tourism is significant.
(2) Monitoring of compliance.--The President shall
monitor compliance with the requirements of paragraph
(1).
(3) Feasibility report.--Not later than 180 days
after the date of the enactment of the Trafficking
Victims Protection Reauthorization Act of 2003, the
President shall transmit to the Committee on
International Relations of the House of Representatives
and the Committee on Foreign Affairs of the Senate a
report that describes the feasibility of such United
States Government materials being disseminated through
public-private partnerships to individuals traveling to
foreign destinations.
(f) \24\ Consultation Requirement.--The President shall
consult with appropriate nongovernmental organizations with
respect to the establishment and conduct of initiatives
described in subsections (a) and (b).
(g) \25\ Termination of Certain Grants, Contracts and
Cooperative Agreements.--The President shall ensure that any
grant, contract, or cooperative agreement provided or entered
into by a Federal department or agency under which funds \25\
are to be provided to a private entity, in whole or in part,
shall include a condition that authorizes the department or
agency to terminate the grant, contract, or cooperative
agreement, without penalty, if the grantee or any subgrantee,
or the contractor or any subcontractor (i) engages in severe
forms of trafficking in persons or has procured a commercial
sex act during the period of time that the grant, contract, or
cooperative agreement is in effect, or (ii) uses forced labor
in the performance of the grant, contract, or cooperative
agreement.
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\25\ Sec. 3(b) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2876) added
subsec. (g). Sec. 201(b)(1) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3569) struck
out ``Cooperative Agreements.--'' through ``The President shall'' and
inserted in lieu thereof ``Cooperative Agreements.--The President
shall''. Sec. 201(b)(2) of that Act struck out ``described in paragraph
(2)'' after ``which funds''; and sec. 201(b)(3) of that Act struck out
para. (2), which had read as follows:
``(2) Assistance described.--Funds referred to in paragraph (1) are
funds made available to carry out any program, project, or activity
abroad funded under major functional budget category 150 (relating to
international affairs).''.
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(h) \26\ Prevention of Trafficking in Conjunction With
Post-Conflict and Humanitarian Emergency Assistance.--The
United States Agency for International Development, the
Department of State, and the Department of Defense shall
incorporate anti-trafficking and protection measures for
vulnerable populations, particularly women and children, into
their post-conflict and humanitarian emergency assistance and
program activities.
---------------------------------------------------------------------------
\26\ Sec. 101(a) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3560) added
subsec. (h).
---------------------------------------------------------------------------
(i) \27\ Additional Measures To Prevent and Deter
Trafficking.--The President shall establish and carry out
programs to prevent and deter trafficking in persons,
including--
---------------------------------------------------------------------------
\27\ Sec. 103(a) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5046) added subsec. (i).
---------------------------------------------------------------------------
(1) technical assistance and other support to improve
the capacity of foreign governments to investigate,
identify, and carry out inspections of private
entities, including labor recruitment centers, at which
trafficking victims may be exploited, particularly
exploitation involving forced and child labor;
(2) technical assistance and other support for
foreign governments and nongovernmental organizations
to provide immigrant populations with information, in
the native languages of the major immigrant groups of
such populations, regarding the rights of such
populations in the foreign country and local in-country
nongovernmental organization-operated hotlines;
(3) technical assistance to provide legal frameworks
and other programs to foreign governments and
nongovernmental organizations to ensure that--
(A) foreign migrant workers are provided the
same protection as nationals of the foreign
country;
(B) labor recruitment firms are regulated;
and
(C) workers providing domestic services in
households are provided protection under labor
rights laws; and
(4) assistance to foreign governments to register
vulnerable populations as citizens or nationals of the
country to reduce the ability of traffickers to exploit
such populations.
SEC. 107.\28\ PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.
(a) Assistance for Victims in Other Countries.--
---------------------------------------------------------------------------
\28\ 22 U.S.C. 7105.
---------------------------------------------------------------------------
(1) In general.--The Secretary of State and the
Administrator of the United States Agency for
International Development, in consultation with
appropriate nongovernmental organizations, shall
establish and carry out programs and initiatives in
foreign countries to assist in the safe integration,
reintegration, or resettlement, as appropriate, of
victims of trafficking. Such programs and initiatives
shall be designed to meet the appropriate assistance
needs of such persons and their children, as identified
by the Task Force, and shall be carried out in a manner
which takes into account the cross-border, regional,
and transnational aspects of trafficking in
persons.\29\ In addition, such programs and initiatives
shall, to the maximum extent practicable, include the
following: \30\
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\29\ Sec. 104(1)(A) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5046) inserted ``, and shall be carried out in a manner which takes
into account the cross-border, regional, and transnational aspects of
trafficking in persons''.
\30\ Sec. 682(a) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1409) added this sentence
through subpara. (E).
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(A) Support for local in-country
nongovernmental organization-operated hotlines,
culturally and linguistically appropriate
protective shelters, and regional and
international nongovernmental organization
networks and databases on trafficking,
including support to assist nongovernmental
organizations in establishing service centers
and systems that are mobile and extend beyond
large cities.
(B) Support for nongovernmental organizations
and advocates to provide legal, social, and
other services and assistance to trafficked
individuals, particularly those individuals in
detention, and by facilitating contact between
relevant foreign government agencies and such
nongovernmental organizations to facilitate
cooperation between the foreign governments and
such organizations.\31\
---------------------------------------------------------------------------
\31\ Sec. 4(a)(1) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2877) added
``, and by facilitating contact between relevant foreign government
agencies and such nongovernmental organizations to facilitate
cooperation between the foreign governments and such organizations''.
---------------------------------------------------------------------------
(C) Education and training for trafficked
women and girls.
(D) The safe integration or reintegration of
trafficked individuals into an appropriate
community or family, with full respect for the
wishes, dignity, and safety of the trafficked
individual.
(E) Support for developing or increasing
programs to assist families of victims in
locating, repatriating, and treating their
trafficked family members, in assisting the
voluntary repatriation of these family members
or their integration or resettlement into
appropriate communities, and in providing them
with treatment.
(F) \32\ In cooperation and coordination with
relevant organizations, such as the United
Nations High Commissioner for Refugees, the
International Organization for Migration, and
private nongovernmental organizations that
contract with, or receive grants from, the
United States Government to assist refugees and
internally displaced persons, support for--
---------------------------------------------------------------------------
\32\ Sec. 104(1)(B) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5047) added subpara. (F).
---------------------------------------------------------------------------
(i) increased protections for
refugees and internally displaced
persons, including outreach and
education efforts to prevent such
refugees and internally displaced
persons from being exploited by
traffickers; and
(ii) performance of best interest
determinations for unaccompanied and
separated children who come to the
attention of the United Nations High
Commissioner for Refugees, its partner
organizations, or any organization that
contracts with the Department of State
in order to identify child trafficking
victims and to assist their safe
integration, reintegration, and
resettlement.
(2) Additional requirement.--In establishing and
conducting programs and initiatives described in
paragraph (1), the Secretary of State and the
Administrator of the United States Agency for
International Development shall take all appropriate
steps to enhance cooperative efforts among foreign
countries, including countries of origin of victims of
trafficking, to assist in the integration,
reintegration, or resettlement, as appropriate, of
victims of trafficking, including stateless victims. In
carrying out this paragraph, the Secretary and the
Administrator shall take all appropriate steps to
ensure that cooperative efforts among foreign countries
are undertaken on a regional basis.\33\
---------------------------------------------------------------------------
\33\ Sec. 104(2) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5047) added this sentence.
---------------------------------------------------------------------------
(b) Victims in the United States.--
(1) Assistance.--
(A) Eligibility for benefits and services.--
Notwithstanding title IV of the Personal
Responsibility and Work Opportunity
Reconciliation Act of 1996, an alien who is a
victim of a severe form of trafficking in
persons, or an alien classified as a
nonimmigrant under section
101(a)(15(T)(ii),\34\ shall be eligible for
benefits and services under any Federal or
State program or activity funded or
administered by any official or agency
described in subparagraph (B) to the same
extent as an alien who is admitted to the
United States as a refugee under section 207 of
the Immigration and Nationality Act.
---------------------------------------------------------------------------
\34\ Sec. 4(a)(2)(A) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2877) added
``, or an alien classified as a nonimmigrant under section
101(a)(15(T)(ii),''.
---------------------------------------------------------------------------
(B) Requirement to expand benefits and
services.--Subject to subparagraph (C) and, in
the case of nonentitlement programs, to the
availability of appropriations, the Secretary
of Health and Human Services, the Secretary of
Labor, the Board of Directors of the Legal
Services Corporation, and the heads of other
Federal agencies shall expand benefits and
services to victims of severe forms of
trafficking in persons in the United States,and
aliens classified as a nonimmigrant under
section 101(a)(15)(T)(ii),\35\ without regard
to the immigration status of such victims. In
the case of nonentitlement programs funded by
the Secretary of Health and Human Services,
such benefits and services may include services
to assist potential victims of trafficking in
achieving certification and to assist minor
dependent children of victims of severe forms
of trafficking in persons or potential victims
of trafficking.\36\
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\35\ Sec. 4(a)(2)(B)(i) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2877)
inserted ``and aliens classified as a nonimmigrant under section
101(a)(15)(T)(ii),'' after ``United States,''.
\36\ Sec. 4(a)(2)(B)(ii) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2877) added
``In the case of nonentitlement programs funded by the Secretary of
Health and Human Services, such benefits and services may include
services to assist potential victims of trafficking in achieving
certification and to assist minor dependent children of victims of
severe forms of trafficking in persons or potential victims of
trafficking.''.
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(C) Definition of victim of a severe form of
trafficking in persons.--For the purposes of
this paragraph, the term ``victim of a severe
form of trafficking in persons'' means only a
person--
(i) who has been subjected to an act
or practice described in section 103(8)
as in effect on the date of the
enactment of this Act; and
(ii)(I) who has not attained 18 years
of age; or
(II) who is the subject of a
certification under subparagraph (E).
(D) * * * \37\
---------------------------------------------------------------------------
\37\ Sec. 6(a)(2) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2880) struck
out subpara. (D), which had required an annual report. See, however,
sec. 105(d)(7).
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(E) Certification.--
(i) In general.--Subject to clause
(ii), the certification referred to in
subparagraph (C) is a certification by
the Secretary of Health and Human
Services, after consultation with the
Attorney General and the Secretary of
Homeland Security,\38\ that the person
referred to in subparagraph
(C)(ii)(II)--
---------------------------------------------------------------------------
\38\ Sec. 804(a)(1) of Public Law 109-162 (119 Stat. 3055) struck
out ``Attorney General'' and inserted in lieu thereof ``Secretary of
Homeland Security''. Sec. 804(b)(1)(A) of that Act sought to insert
``and the Secretary of Homeland Security'' after ``Attorney General''.
The two amendments are in conflict; the latter amendment is executed
here.
---------------------------------------------------------------------------
(I) is willing to assist in
every reasonable way in the
investigation and prosecution
of severe forms of trafficking
in persons or is unable to
cooperate with such a request
due to physical or
psychological trauma; \39\ and
---------------------------------------------------------------------------
\39\ Sec. 212(a)(1) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5063) inserted ``or is unable to cooperate with such a request due to
physical or psychological trauma'' before the semicolon.
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(II)(aa) has made a bona fide
application for a visa under
section 101(a)(15)(T) of the
Immigration and Nationality
Act, as added by subsection
(e), that has not been denied;
or
(bb) is a person whose
continued presence in the
United States the Secretary of
Homeland Security \40\ is
ensuring in order to effectuate
prosecution of traffickers in
persons.
---------------------------------------------------------------------------
\40\ Sec. 804(a)(1) of Public Law 109-162 (119 Stat. 3055) struck
out ``Attorney General'' and inserted in lieu thereof ``Secretary of
Homeland Security''.
---------------------------------------------------------------------------
(ii) Period of effectiveness.--A
certification referred to in
subparagraph (C), with respect to a
person described in clause (i)(II)(bb),
shall be effective only for so long as
the Attorney General and the Secretary
of Homeland Security \41\ determines
that the continued presence of such
person is necessary to effectuate
prosecution of traffickers in persons.
---------------------------------------------------------------------------
\41\ Sec. 804(a)(1) of Public Law 109-162 (119 Stat. 3055) struck
out ``Attorney General'' and inserted in lieu thereof ``Secretary of
Homeland Security''. Sec. 804(b)(2) of that Act sought to insert ``and
the Secretary of Homeland Security'' after ``Attorney General''. The
two amendments are in conflict; the latter amendment is executed here.
---------------------------------------------------------------------------
(iii) Investigation and prosecution
defined.--For the purpose of a
certification under this subparagraph,
the term ``investigation and
prosecution'' includes--
(I) identification of a
person or persons who have
committed severe forms of
trafficking in persons;
(II) location and
apprehension of such persons;
\42\
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\42\ Sec. 804(b)(3) of Public Law 109-162 (119 Stat. 3055) struck
out ``and'' at the end of subclause (II); replaced a period at the end
of subclause (III) with ``; and''; and added a new subclause (IV).
---------------------------------------------------------------------------
(III) testimony at
proceedings against such
persons; and \42\
(IV) \42\ responding to and
cooperating with requests for
evidence and information.
(iv) \43\ Assistance to
investigations.--In making the
certification described in this
subparagraph with respect to the
assistance to investigation or
prosecution described in clause (i)(I),
the Secretary of Health and Human
Services shall consider statements from
State and local law enforcement
officials that the person referred to
in subparagraph (C)(ii)(II) has been
willing to assist in every reasonable
way with respect to the investigation
and prosecution of State and local
crimes such as kidnapping, rape,
slavery, or other forced labor
offenses, where severe forms of
trafficking appear to have been
involved.
---------------------------------------------------------------------------
\43\ Sec. 4(a)(3) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2877) added
clause (iv).
---------------------------------------------------------------------------
(F) \44\ Eligibility for interim assistance
of children.--
---------------------------------------------------------------------------
\44\ Sec. 212(a)(2) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5063) added subparas. (F) and (G).
---------------------------------------------------------------------------
(i) Determination.--Upon receiving
credible information that a child
described in subparagraph (C)(ii)(I)
who is seeking assistance under this
paragraph may have been subjected to a
severe form of trafficking in persons,
the Secretary of Health and Human
Services shall promptly determine if
the child is eligible for interim
assistance under this paragraph. The
Secretary shall have exclusive
authority to make interim eligibility
determinations under this clause. A
determination of interim eligibility
under this clause shall not affect the
independent determination whether a
child is a victim of a severe form of
trafficking.
(ii) Notification.--The Secretary of
Health and Human Services shall notify
the Attorney General and the Secretary
of Homeland Security not later than 24
hours after all interim eligibility
determinations have been made under
clause (i).
(iii) Duration.--Assistance under
this paragraph may be provided to
individuals determined to be eligible
under clause (i) for a period of up to
90 days and may be extended for an
additional 30 days.
(iv) Long-term assistance for
children.--
(I) Eligibility
determination.--Before the
expiration of the period for
interim assistance under clause
(iii), the Secretary of Health
and Human Services shall
determine if the child referred
to in clause (i) is eligible
for assistance under this
paragraph.
(II) Consultation.--In making
a determination under subclause
(I), the Secretary shall
consult with the Attorney
General, the Secretary of
Homeland Security, and
nongovernmental organizations
with expertise on victims of
severe form of trafficking.
(III) Letter of
eligibility.--If the Secretary,
after receiving information the
Secretary believes, taken as a
whole, indicates that the child
is eligible for assistance
under this paragraph, the
Secretary shall issue a letter
of eligibility. The Secretary
may not require that the child
cooperate with law enforcement
as a condition for receiving
such letter of eligibility.
(G) \44\ Notification of children for interim
assistance.--Not later than 24 hours after a
Federal, State, or local official discovers
that a person who is under 18 years of age may
be a victim of a severe form of trafficking in
persons, the official shall notify the
Secretary of Health and Human Services to
facilitate the provision of interim assistance
under subparagraph (F).
(2) Grants.--
(A) In general.--Subject to the availability
of appropriations, the Attorney General may
make grants to States, Indian tribes, units of
local government, and nonprofit,
nongovernmental victims' service organizations
to develop, expand, or strengthen victim
service programs for victims of trafficking.
(B) Allocation of grant funds.--Of amounts
made available for grants under this paragraph,
there shall be set aside--
(i) three percent for research,
evaluation, and statistics;
(ii) \45\ 5 percent for training and
technical assistance, including
increasing capacity and expertise on
security for and protection of service
providers from intimidation or
retaliation for their activities.
---------------------------------------------------------------------------
\45\ Sec. 213(a)(3) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5066) amended and restated clause (ii) (resulting in ambiguous
punctuation in the subparagraph). The clause previously read as
follows:
``(ii) two percent for training and technical assistance; and''.
---------------------------------------------------------------------------
(iii) one percent for management and
administration.
(C) Limitation on federal share.--The Federal
share of a grant made under this paragraph may
not exceed 75 percent of the total costs of the
projects described in the application
submitted.
(c) Trafficking Victim Regulations.--Not later than 180
days after the date of the enactment of this Act, the Attorney
General, the Secretary of Homeland Security \46\ and the
Secretary of State shall promulgate regulations for law
enforcement personnel, immigration officials, and Department of
State officials to implement the following:
---------------------------------------------------------------------------
\46\ Sec. 804(a)(2) of Public Law 109-162 (119 Stat. 3055) inserted
``, the Secretary of Homeland Security'' after ``Attorney General''.
---------------------------------------------------------------------------
(1) Protections while in custody.--Victims of severe
forms of trafficking, while in the custody of the
Federal Government and to the extent practicable,
shall--
(A) not be detained in facilities
inappropriate to their status as crime victims;
(B) receive necessary medical care and other
assistance; and
(C) be provided protection if a victim's
safety is at risk or if there is danger of
additional harm by recapture of the victim by a
trafficker, including--
(i) taking measures to protect
trafficked persons and their family
members from intimidation and threats
of reprisals and reprisals from
traffickers and their associates; and
(ii) ensuring that the names and
identifying information of trafficked
persons and their family members are
not disclosed to the public.
(2) Access to information.--Victims of severe forms
of trafficking shall have access to information about
their rights and translation services. To the extent
practicable, victims of severe forms of trafficking
shall have access to information about federally funded
or administered anti-trafficking programs that provide
services to victims of severe forms of trafficking.\47\
---------------------------------------------------------------------------
\47\ Sec. 102(a) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3560) added
this sentence.
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(3) \48\ Authority to permit continued presence in
the united states.--
---------------------------------------------------------------------------
\48\ Sec. 205(a)(1) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5060) amended and restated para. (3). It previously read as follows:
``(3) Authority to permit continued presence in the united
states.--Federal law enforcement officials may permit an alien
individual's continued presence in the United States, if after an
assessment, it is determined that such individual is a victim of a
severe form of trafficking and a potential witness to such trafficking,
in order to effectuate prosecution of those responsible, and such
officials in investigating and prosecuting traffickers shall protect
the safety of trafficking victims, including taking measures to protect
trafficked persons and their family members from intimidation, threats
of reprisals, and reprisals from traffickers and their associates.''.
Sec. 205(a)(2) of that Act (122 Stat. 5061), furthermore, provided
the following, pertaining to this amendment:
``(2) Effective date.--The amendment made by paragraph (1)--
---------------------------------------------------------------------------
``(A) shall take effect on the date of the enactment of this Act;
``(B) shall apply to pending requests for continued presence filed
pursuant to section 107(c)(3) of the Trafficking Victims Protection Act (22
U.S.C. 7105(c)(3)) and requests filed on or after such date; and
``(C) may not be applied to an alien who is not present in the United
States.''.
(A) Trafficking victims.--
(i) In general.--If a Federal law
enforcement official files an
application stating that an alien is a
victim of a severe form of trafficking
and may be a potential witness to such
trafficking, the Secretary of Homeland
Security may permit the alien to remain
in the United States to facilitate the
investigation and prosecution of those
responsible for such crime.
(ii) Safety.--While investigating and
prosecuting suspected traffickers,
Federal law enforcement officials
described in clause (i) shall endeavor
to make reasonable efforts to protect
the safety of trafficking victims,
including taking measures to protect
trafficked persons and their family
members from intimidation, threats of
reprisals, and reprisals from
traffickers and their associates.
(iii) Continuation of presence.--The
Secretary shall permit an alien
described in clause (i) who has filed a
civil action under section 1595 of
title 18, United States Code, to remain
in the United States until such action
is concluded. If the Secretary, in
consultation with the Attorney General,
determines that the alien has failed to
exercise due diligence in pursuing such
action, the Secretary may revoke the
order permitting the alien to remain in
the United States.
(iv) Exception.--Notwithstanding
clause (iii), an alien described in
such clause may be deported before the
conclusion of the administrative and
legal proceedings related to a
complaint described in such clause if
such alien is inadmissible under
paragraph (2)(A)(i)(II), (2)(B),
(2)(C), (2)(E), (2)(H), (2)(I),
(3)(A)(i), (3)(A)(iii), (3)(B), or
(3)(C) of section 212(a) of the
Immigration and Nationality Act (8
U.S.C. 1182(a)).
(B) Parole for relatives.--Law enforcement
officials may submit written requests to the
Secretary of Homeland Security, in accordance
with section 240A(b)(6) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)(6)), to
permit the parole into the United States of
certain relatives of an alien described in
subparagraph (A)(i).
(C) State and local law enforcement.--The
Secretary of Homeland Security, in consultation
with the Attorney General, shall--
(i) develop materials to assist State
and local law enforcement officials in
working with Federal law enforcement to
obtain continued presence for victims
of a severe form of trafficking in
cases investigated or prosecuted at the
State or local level; and
(ii) distribute the materials
developed under clause (i) to State and
local law enforcement officials.
(4) Training of government personnel.--Appropriate
personnel of the Department of State, the Department of
Homeland Security, the Department of Health and Human
Services,\49\ and the Department of Justice shall be
trained in identifying victims of severe forms of
trafficking and providing for the protection of such
victims, including juvenile victims. The Attorney
General and the Secretary of Health and Human Services
shall provide training to State and local officials to
improve the identification and protection of such
victims.\50\
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\49\ Sec. 212(b)(1) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5064) inserted ``, the Department of Homeland Security, the Department
of Health and Human Services,'' after ``the Department of State''.
\50\ Sec. 212(b)(2) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5064) inserted ``, including juvenile victims. The Attorney General and
the Secretary of Health and Human Services shall provide training to
State and local officials to improve the identification and protection
of such victims'' before the period at the end.
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(d) Construction.--Nothing in subsection (c) shall be
construed as creating any private cause of action against the
United States or its officers or employees.
(e) Protection From Removal for Certain Crime Victims.--
(1) In general.--Section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15))
is amended--* * *
(2) Conditions of nonimmigrant status.--Section 214
of the Immigration and Nationality Act (8 U.S.C. 1184)
is amended--* * *
(3) Waiver of grounds for ineligibility for
admission.--Section 212(d) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)) is amended by adding
at the end the following: * * *
(4) Duties of the secretary of homeland security \51\
with respect to ``t'' visa nonimmigrants.--Section 101
of the Immigration and Nationality Act (8 U.S.C. 1101)
is amended by adding at the end the following new
subsection: * * *
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\51\ Sec. 804(c) of Public Law 109-162 (119 Stat. 3055) struck out
``attorney general'' and inserted in lieu thereof ``secretary of
homeland security''.
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(5) Statutory construction.--Nothing in this section,
or in the amendments made by this section, shall be
construed as prohibiting the Secretary of Homeland
Security \52\ from instituting removal proceedings
under section 240 of the Immigration and Nationality
Act (8 U.S.C. 1229a) against an alien admitted as a
nonimmigrant under section 101(a)(15)(T)(i) of that
Act, as added by subsection (e), for conduct committed
after the alien's admission into the United States, or
for conduct or a condition that was not disclosed to
the Secretary of Homeland Security \52\ prior to the
alien's admission as a nonimmigrant under such section
101(a)(15)(T)(i).
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\52\ Sec. 804(a)(1) of Public Law 109-162 (119 Stat. 3055) struck
out ``Attorney General'' and inserted in lieu thereof ``Secretary of
Homeland Security''. Sec. 804(c) of Public Law 109-162 (119 Stat. 3055)
also struck out ``Attorney General'' and inserted in lieu thereof
``Secretary of Homeland Security''.
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(f) \53\ Assistance for United States Citizens and Lawful
Permanent Residents.--
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\53\ Sec. 213(a)(1) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5064) added a new subsec. (f). As originally enacted, subsec. (f)
amended sec. 245 of the Immigration and Nationality Act (8 U.S.C. 1255)
relating to the adjustment to permanent resident status.
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(1) In general.--The Secretary of Health and Human
Services and the Attorney General, in consultation with
the Secretary of Labor, shall establish a program to
assist United States citizens and aliens lawfully
admitted for permanent residence (as defined in section
101(a)(20) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(20))) who are victims of severe forms of
trafficking. In determining the assistance that would
be most beneficial for such victims, the Secretary and
the Attorney General shall consult with nongovernmental
organizations that provide services to victims of
severe forms of trafficking in the United States.
(2) Use of existing programs.--In addition to
specialized services required for victims described in
paragraph (1), the program established pursuant to
paragraph (1) shall--
(A) facilitate communication and coordination
between the providers of assistance to such
victims;
(B) provide a means to identify such
providers; and
(C) provide a means to make referrals to
programs for which such victims are already
eligible, including programs administered by
the Department of Justice and the Department of
Health and Human Services.
(3) Grants.--
(A) In general.--The Secretary of Health and
Human Services and the Attorney General may
award grants to States, Indian tribes, units of
local government, and nonprofit,
nongovernmental victim service organizations to
develop, expand, and strengthen victim service
programs authorized under this subsection.
(B) Maximum federal share.--The Federal share
of a grant awarded under this paragraph may not
exceed 75 percent of the total costs of the
projects described in the application submitted
by the grantee.
(g) Annual Reports.--On or before October 31 of each year,
the Attorney General or the Secretary of Homeland Security \54\
shall submit a report to the appropriate congressional
committees setting forth, with respect to the preceding fiscal
year, the number, if any, of otherwise eligible applicants who
did not receive visas under section 101(a)(15)(T) of the
Immigration and Nationality Act, as added by subsection (e), or
who were unable to adjust their status under section 245(l) of
such Act, solely on account of the unavailability of visas due
to a limitation imposed by section 214(o)(2) \55\ or
245(l)(4)(A) of such Act.
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\54\ Sec. 804(a)(1) of Public Law 109-162 (119 Stat. 3055) struck
out ``Attorney General'' and inserted in lieu thereof ``Secretary of
Homeland Security''. Sec. 804(d) of that Act (119 Stat. 3056) sought to
insert ``or the Secretary of Homeland Security'' after ``Attorney
General''. The two amendments are in conflict; the latter amendment is
executed here.
\55\ Sec. 8(b)(2) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2887) struck
out ``214(n)(1)'' and inserted in lieu thereof ``214(o)(2)''.
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SEC. 107A.\56\ INCREASING EFFECTIVENESS OF ANTI-TRAFFICKING PROGRAMS.
(a) Awarding of Grants, Cooperative Agreements, and
Contracts.--In administering funds made available to carry out
this Act within and outside the United States--
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\56\ 22 U.S.C. 7105a. Added by sec. 105 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (Public Law
110-457; 122 Stat. 5047).
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(1) solicitations of grants, cooperative agreements,
and contracts for such programs shall be made publicly
available;
(2) grants, cooperative agreements, and contracts
shall be subject to full and open competition, in
accordance with applicable laws; and
(3) the internal department or agency review process
for such grants, cooperative agreements, and contracts
shall not be subject to ad hoc or intermittent review
or influence by individuals or organizations outside
the United States Government except as provided under
paragraphs (1) and (2).
(b) Eligibility.--
(1) In general.--An applicant desiring a grant,
contract, or cooperative agreement under this Act shall
certify that, to the extent practicable, persons or
entities providing legal services, social services,
health services, or other assistance have completed, or
will complete, training in connection with trafficking
in persons.
(2) Disclosure.--If appropriate, applicants should
indicate collaboration with nongovernmental
organizations, including organizations with expertise
in trafficking in persons.
(c) Evaluation of Anti-Trafficking Programs.--
(1) In general.--The President shall establish a
system to evaluate the effectiveness and efficiency of
the assistance provided under anti-trafficking programs
established under this Act on a program-by-program
basis in order to maximize the long-term sustainable
development impact of such assistance.
(2) Requirements.--In carrying out paragraph (1), the
President shall--
(A) establish performance goals for the
assistance described in paragraph (1),
expressed in an objective and quantifiable
form, to the extent practicable;
(B) ensure that performance indicators are
used for programs authorized under this Act to
measure and assess the achievement of the
performance goals described in subparagraph
(A);
(C) provide a basis for recommendations for
adjustments to the assistance described in
paragraph (1) to enhance the impact of such
assistance; and
(D) ensure that evaluations are conducted by
subject matter experts in and outside the
United States Government, to the extent
practicable.
(d) Targeted Use of Anti-Trafficking Programs.--In
providing assistance under this division, the President should
take into account the priorities and country assessments
contained in the most recent report submitted by the Secretary
of State to Congress pursuant to section 110(b).
(e) Consistency With Other Programs.--The President shall
ensure that the design, monitoring, and evaluation of United
States assistance programs for emergency relief, development,
and poverty alleviation under part I and chapter 4 of part II
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.
and 2346 et seq.) and other similar United States assistance
programs are consistent with United States policies and other
United States programs relating to combating trafficking in
persons.
(f) Authorization of Appropriations.--For each of the
fiscal years 2008 through 2011, not more than 5 percent of the
amounts made available to carry out this division may be used
to carry out this section, including--
(1) evaluations of promising anti-trafficking
programs and projects funded by the disbursing agency
pursuant to this Act; and
(2) evaluations of emerging problems or global
trends.
SEC. 108.\57\ MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
(a) Minimum Standards.--For purposes of this division, the
minimum standards for the elimination of trafficking applicable
to the government of a country of origin, transit, or
destination for \58\ victims of severe forms of trafficking are
the following:
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\57\ 22 U.S.C. 7106.
\58\ Sec. 106(1) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5048) struck out ``a significant number of'' at this point.
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(1) The government of the country should prohibit
severe forms of trafficking in persons and punish acts
of such trafficking.
(2) For the knowing commission of any act of sex
trafficking involving force, fraud, coercion, or in
which the victim of sex trafficking is a child
incapable of giving meaningful consent, or of
trafficking which includes rape or kidnapping or which
causes a death, the government of the country should
prescribe punishment commensurate with that for grave
crimes, such as forcible sexual assault.
(3) For the knowing commission of any act of a severe
form of trafficking in persons, the government of the
country should prescribe punishment that is
sufficiently stringent to deter and that adequately
reflects the heinous nature of the offense.
(4) The government of the country should make serious
and sustained efforts to eliminate severe forms of
trafficking in persons.
(b) Criteria.--In determinations under subsection (a)(4),
the following factors should be considered as indicia of
serious and sustained efforts to eliminate severe forms of
trafficking in persons:
(1) Whether the government of the country vigorously
investigates and prosecutes acts of severe forms of
trafficking in persons, and convicts and sentences
persons responsible for such acts, that take place
wholly or partly within the territory of the
country,\59\ including, as appropriate, requiring
incarceration of individuals convicted of such acts.
For purposes of the preceding sentence, suspended or
significantly-reduced sentences for convictions of
principal actors in cases of severe forms of
trafficking in persons shall be considered, on a case-
by-case basis, whether to be considered an indicator of
serious and sustained efforts to eliminate severe forms
of trafficking in persons.\60\ After reasonable
requests from the Department of State for data
regarding investigations, prosecutions, convictions,
and sentences, a government which does not provide such
data, consistent with the capacity of such government
to obtain such data, shall be presumed not to have
vigorously investigated, prosecuted, convicted or
sentenced such acts. During the periods prior to the
annual report submitted on June 1, 2004, and on June 1,
2005, and the periods afterwards until September 30 of
each such year, the Secretary of State may disregard
the presumption contained in the preceding sentence if
the government has provided some data to the Department
of State regarding such acts and the Secretary has
determined that the government is making a good faith
effort to collect such data.\61\
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\59\ Sec. 6(d)(1)(A) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2881) struck
out ``that take place wholly or partly within the territory of the
country'' and inserted in lieu thereof ``, and convicts and sentences
persons responsible for such acts, that take place wholly or partly
within the territory of the country''.
\60\ Sec. 106(2)(A) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5048) struck out a period after ``within the territory of the country''
and added ``, including, as appropriate, requiring incarceration of
individuals convicted of such acts. For purposes of the preceding
sentence, suspended or significantly-reduced sentences for convictions
of principal actors in cases of severe forms of trafficking in persons
shall be considered, on a case-by-case basis, whether to be considered
an indicator of serious and sustained efforts to eliminate severe forms
of trafficking in persons.''.
\61\ Sec. 6(d)(1)(B) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2882) added
text to this point beginning at ``After reasonable requests''.
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(2) Whether the government of the country protects
victims of severe forms of trafficking in persons and
encourages their assistance in the investigation and
prosecution of such trafficking, including provisions
for legal alternatives to their removal to countries in
which they would face retribution or hardship, and
ensures that victims are not inappropriately
incarcerated, fined, or otherwise penalized solely for
unlawful acts as a direct result of being trafficked,
including by providing training to law enforcement and
immigration officials regarding the identification and
treatment of trafficking victims using approaches that
focus on the needs of the victims.\62\
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\62\ Sec. 106(2)(B) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5049) inserted ``, including by providing training to law enforcement
and immigration officials regarding the identification and treatment of
trafficking victims using approaches that focus on the needs of the
victims'' before the period.
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(3) Whether the government of the country has adopted
measures to prevent severe forms of trafficking in
persons, such as measures to inform and educate the
public, including potential victims, about the causes
and consequences of severe forms of trafficking in
persons, measures to establish the identity of local
populations, including birth registration, citizenship,
and nationality,\63\ measures to ensure that its
nationals who are deployed abroad as part of a
peacekeeping or other similar mission do not engage in
or facilitate severe forms of trafficking in persons or
exploit victims of such trafficking, and measures to
prevent the use of forced labor or child labor in
violation of international standards.\64\
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\63\ Sec. 106(2)(C) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5049) struck out ``measures to reduce the demand for commercial sex
acts and for participation in international sex tourism by nationals of
the country'' and inserted in lieu thereof ``measures to establish the
identity of local populations, including birth registration,
citizenship, and nationality''.
\64\ Sec. 104(b)(1)(A) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3564)
inserted ``, measures to reduce the demand for commercial sex acts and
for participation in international sex tourism by nationals of the
country, measures to ensure that its nationals who are deployed abroad
as part of a peacekeeping or other similar mission do not engage in or
facilitate severe forms of trafficking in persons or exploit victims of
such trafficking, and measures to prevent the use of forced labor or
child labor in violation of international standards''. Pursuant to sec.
104(b)(2) of that Act, this amendment shall take effect beginning two
years after the date of enactment, January 10, 2006.
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(4) Whether the government of the country cooperates
with other governments in the investigation and
prosecution of severe forms of trafficking in persons.
(5) Whether the government of the country extradites
persons charged with acts of severe forms of
trafficking in persons on substantially the same terms
and to substantially the same extent as persons charged
with other serious crimes (or, to the extent such
extradition would be inconsistent with the laws of such
country or with international agreements to which the
country is a party, whether the government is taking
all appropriate measures to modify or replace such laws
and treaties so as to permit such extradition).
(6) Whether the government of the country monitors
immigration and emigration patterns for evidence of
severe forms of trafficking in persons and whether law
enforcement agencies of the country respond to any such
evidence in a manner that is consistent with the
vigorous investigation and prosecution of acts of such
trafficking, as well as with the protection of human
rights of victims and the internationally recognized
human right to leave any country, including one's own,
and to return to one's own country.
(7) Whether the government of the country vigorously
investigates, prosecutes, convicts, and sentences \65\
public officials who participate in or facilitate
severe forms of trafficking in persons, including
nationals of the country who are deployed abroad as
part of a peacekeeping or other similar mission who
engage in or facilitate severe forms of trafficking in
persons or exploit victims of such trafficking,\66\ and
takes all appropriate measures against officials who
condone such trafficking. After reasonable requests
from the Department of State for data regarding such
investigations, prosecutions, convictions, and
sentences, a government which does not provide such
data consistent with its resources shall be presumed
not to have vigorously investigated, prosecuted,
convicted, or sentenced such acts. During the periods
prior to the annual report submitted on June 1, 2004,
and on June 1, 2005, and the periods afterwards until
September 30 of each such year, the Secretary of State
may disregard the presumption contained in the
preceding sentence if the government has provided some
data to the Department of State regarding such acts and
the Secretary has determined that the government is
making a good faith effort to collect such data.\67\
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\65\ Sec. 6(d)(2)(A) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2882) struck
out ``and prosecutes'' and inserted in lieu thereof ``, prosecutes,
convicts, and sentences''.
\66\ Sec. 104(b)(1)(B) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3564) struck
out ``persons,'' and inserted in lieu thereof ``persons, including
nationals of the country who are deployed abroad as part of a
peacekeeping or other similar mission who engage in or facilitate
severe forms of trafficking in persons or exploit victims of such
trafficking,''. Pursuant to sec. 104(b)(2) of that Act, this amendment
shall take effect beginning two years after the date of enactment,
January 10, 2006.
\67\ Sec. 6(d)(2)(B) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2882) added
text to this point beginning at ``After reasonable requests''.
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(8) \68\ Whether the percentage of victims of severe
forms of trafficking in the country that are non-
citizens of such countries is insignificant.
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\68\ Sec. 6(d)(3) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2882) added
paras. (8) through (10).
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(9) \68\ Whether the government of the country,
consistent with the capacity of such government,
systematically monitors its efforts to satisfy the
criteria described in paragraphs (1) through (8) and
makes available publicly a periodic assessment of such
efforts.
(10) \68\ Whether the government of the country
achieves appreciable progress in eliminating severe
forms of trafficking when compared to the assessment in
the previous year.
(11) \69\ Whether the government of the country has
made serious and sustained efforts to reduce the demand
for--
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\69\ Sec. 106(2)(D) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5049) added para. (11).
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(A) commercial sex acts; and
(B) participation in international sex
tourism by nationals of the country.
SEC. 109. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS.
Chapter 1 of part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.) is amended by adding at the end the
following new section:
``SEC. 134.\70\ ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM
STANDARDS FOR THE ELIMINATION OF TRAFFICKING. * *
*''
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\70\ 22 U.S.C. 2152d.
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SEC. 110.\71\ ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM
STANDARDS.
(a) Statement of Policy.--It is the policy of the United
States not to provide nonhumanitarian, nontrade-related foreign
assistance to any government that--
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\71\ 22 U.S.C. 7107.
On October 17, 2008, the President issued the following
(Presidential Determination No. 2009-5; 73 F.R. 63839):
``Consistent with section 110 of the Trafficking Victims Protection
Act of 2000 (Division A of Public Law 106-386), as amended, (the
``Act''), I hereby:
``Make the determination provided in section 110(d)(1)(A)(i) of the
Act, with respect to Burma, the Democratic People's Republic of Korea
(DPRK), and Syria, not to provide certain funding for those countries'
governments for Fiscal Year 2009, until such government complies with
the minimum standards or makes significant efforts to bring itself into
compliance, as may be determined by the Secretary of State in a report
to the Congress pursuant to section 110(b) of the Act;
``Make the determination provided in section 110(d)(1)(A)(ii) of
the Act, with respect to Cuba and Iran not to provide certain funding
for those countries' governments for Fiscal Year 2009, until such
government complies with the minimum standards or makes significant
efforts to bring itself into compliance, as may be determined by the
Secretary of State in a report to the Congress pursuant to section
110(b) of the Act;
``Make the determination provided in section 110(d)(3) of the Act,
concerning the determination of the Secretary of State with respect to
Moldova and Oman;
``Determine, consistent with section 110(d)(4) of the Act, with
respect to Algeria, Fiji, Kuwait, Papua New Guinea, Qatar, Saudi
Arabia, and Sudan, that provision to these countries' governments of
all programs, projects, or activities of assistance described in
sections 110(d)(1)(A)(i) and 110(d)(1)(B) of the Act would promote the
purposes of the Act or is otherwise in the national interest of the
United States;
``Determine, consistent with section 110(d)(4) of the Act, with
respect to the DPRK, that a partial waiver to allow funding for
programs described in section 110(d)(1)(A)(i) of the Act that support
the goals of the Six-Party talks would promote the purposes of the Act
or is otherwise in the national interest of the United States; and
``Determine, consistent with section 110(d)(4) of the Act, with
respect to Iran, that a partial waiver to allow funding for educational
and cultural exchange programs described in section 110(d)(1)(A)(ii) of
the Act would promote the purposes of the Act or is otherwise in the
national interest of the United States.''.
See Presidential Determination No. 2003-35 of September 9, 2003 (68
F.R. 53871) for fiscal year 2004; Presidential Determination No. 2004-
46 of September 10, 2004 (69 F.R. 56155) for fiscal year 2005;
Presidential Determination No. 2005-37 of September 21, 2005 (70 F.R.
57481) for fiscal year 2006; Presidential Determination No. 2006-25 of
September 26, 2006 (71 F.R. 64431) for fiscal year 2007; and
Presidential Determination No. 2008-4 of October 18, 2007 (72 F.R.
61037) for fiscal year 2008.
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(1) does not comply with minimum standards for the
elimination of trafficking; and
(2) is not making significant efforts to bring itself
into compliance with such standards.
(b) Reports to Congress.--
(1) \72\ Annual report.--Not later than June 1 of
each year, the Secretary of State shall submit to the
appropriate congressional committees a report with
respect to the status of severe forms of trafficking in
persons that shall include--
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\72\ On June 4, 2008, the Department of State issued its annual
report pursuant to this section. The report established three tiers,
organized to mirror sec. 110(b)(1)(A), (B) and (C), and a watch list
associated with Tier 2:
Tier 1 countries, whose governments fully comply with minimum
standards for the elimination of trafficking: Australia, Austria,
Belgium, Canada, Colombia, Croatia, Czech Republic, Denmark, Finland,
France, Georgia, Germany, Hong Kong, Hungary, Italy, Korea (Republic
of), Lithuania, Luxembourg, Macedonia, Madagascar, Netherlands, New
Zealand, Norway, Poland, Slovenia, Spain, Sweden, and the United
Kingdom.
Tier 2 countries, whose governments do not yet fully comply with
minimum standards but are making significant efforts: Afghanistan,
Angola, Bangladesh, Belarus, Belize, Benin, Bolivia, Bosnia and
Herzegovina, Brazil, Bulgaria, Burkina Faso, Cambodia, Chile, Djibouti,
Ecuador, El Salvador, Estonia, Ethiopia, Ghana, Greece, Honduras,
Indonesia, Ireland, Israel, Jamaica, Japan, Kazakhstan, Kenya, Kyrgyz
Republic, Laos, Latvia, Lebanon, Liberia, Macau, Malawi, Mali, Malta,
Mauritania, Mauritius, Mexico, Mongolia, Morocco, Nepal, Nicaragua,
Nigeria, Pakistan, Paraguay, Peru, Philippines, Portugal, Romania,
Rwanda, Senegal, Serbia, Sierra Leone, Singapore, Slovak Republic,
Suriname, Tanzania, Taiwan, Thailand, Timor-Leste, Togo, Turkey,
Uganda, Ukraine, United Arab Emirates, Uruguay, Vietnam, and Yemen.
Tier 2 watch list: Albania, Argentina, Armenia, Azerbaijan,
Bahrain, Burundi, Cameroon, Central African Republic, Chad, China
(PRC), Congo (DRC), Congo (Republic of), Costa Rica, Cote d'Ivoire,
Cyprus, Dominican Republic, Egypt, Equatorial Guinea, Gabon, Gambia,
Guatemala, Guinea, Guinea-Bissau, Guyana, India, Jordan, Libya,
Malaysia, Montenegro, Mozambique, Niger, Panama, Russia, South Africa,
Sri Lanka, Tajikistan, Tanzania, Uzbekistan, Venezuela, Zambia, and
Zimbabwe.
Tier 3 countries, whose governments do not fully comply with
minimum standards and are not making significant efforts: Algeria,
Burma, Cuba, Fiji, Iran, Kuwait, Moldova, North Korea, Oman, Papua New
Guinea, Qatar, Saudi Arabia, Sudan, and Syria.
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(A) a list of those countries, if any, to
which the minimum standards for the elimination
of trafficking are applicable and whose
governments fully comply with such standards;
(B) a list of those countries, if any, to
which the minimum standards for the elimination
of trafficking are applicable and whose
governments do not yet fully comply with such
standards but are making significant efforts to
bring themselves into compliance;
(C) a list of those countries, if any, to
which the minimum standards for the elimination
of trafficking are applicable and whose
governments do not fully comply with such
standards and are not making significant
efforts to bring themselves into compliance;
\73\
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\73\ Sec. 108(b) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5051) struck out ``and'' at the end of subpara. (C); struck out a
period at the end of subpara. (D) and inserted in lieu thereof a
semicolon; and added subparas. (E) and (F).
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(D) \74\ information on the measures taken by
the United Nations, the Organization for
Security and Cooperation in Europe, the North
Atlantic Treaty Organization and, as
appropriate, other multilateral organizations
in which the United States participates, to
prevent the involvement of the organization's
employees, contractor personnel, and
peacekeeping forces in trafficking in persons
or the exploitation of victims of trafficking;
\73\
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\74\ Previously, sec. 104(e)(1) of the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164; 119 Stat.
3565) made technical amendments and added subpara. (D).
---------------------------------------------------------------------------
(E) \73\ reporting and analysis on the
emergence or shifting of global patterns in
human trafficking, including data on the number
of victims trafficked to, through, or from
major source and destination countries,
disaggregated by nationality, gender, and age,
to the extent possible; and
(F) \73\ emerging issues in human
trafficking.
(2) Interim reports.--In addition to the annual
report under paragraph (1), the Secretary of State may
submit to the appropriate congressional committees at
any time one or more interim reports with respect to
the status of severe forms of trafficking in persons,
including information about countries whose
governments--
(A) have come into or out of compliance with
the minimum standards for the elimination of
trafficking; or
(B) have begun or ceased to make significant
efforts to bring themselves into compliance,
since the transmission of the last annual
report.
(3) \75\ Special watch list.--
---------------------------------------------------------------------------
\75\ Sec. 6(e) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2882)
redesignated para. (3) as para. (4), and added a new para. (3).
---------------------------------------------------------------------------
(A) Submission of list.--Not later than the
date on which the determinations described in
subsections (c) and (d) are submitted to the
appropriate congressional committees in
accordance with such subsections, the Secretary
of State shall submit to the appropriate
congressional committees a list of countries
that the Secretary determines requires special
scrutiny during the following year. The list
shall be composed of the following countries:
(i) Countries that have been listed
pursuant to paragraph (1)(A) in the
current annual report and were listed
pursuant to paragraph (1)(B) in the
previous annual report.
(ii) Countries that have been listed
pursuant to paragraph (1)(B) pursuant
to the current annual report and were
listed pursuant to paragraph (1)(C) in
the previous annual report.
(iii) Countries that have been listed
pursuant to paragraph (1)(B) pursuant
to the current annual report, where--
(I) the absolute number of
victims of severe forms of
trafficking is very significant
or is significantly increasing;
(II) there is a failure to
provide evidence of increasing
efforts to combat severe forms
of trafficking in persons from
the previous year, including
increased investigations,
prosecutions and convictions of
trafficking crimes, increased
assistance to victims, and
decreasing evidence of
complicity in severe forms of
trafficking by government
officials; or
(III) the determination that
a country is making significant
efforts to bring themselves
into compliance with minimum
standards was based on
commitments by the country to
take additional future steps
over the next year.
(B) Interim assessment.--Not later than
February 1st of each year, the Secretary of
State shall provide to the appropriate
congressional committees an assessment of the
progress that each country on the special watch
list described in subparagraph (A) has made
since the last annual report.
(C) Relation of special watch list to annual
trafficking in persons report.--A determination
that a country shall not be placed on the
special watch list described in subparagraph
(A) shall not affect in any way the
determination to be made in the following year
as to whether a country is complying with the
minimum standards for the elimination of
trafficking or whether a country is making
significant efforts to bring itself into
compliance with such standards.
(D) \76\ Countries on special watch list for
2 consecutive years.--
---------------------------------------------------------------------------
\76\ Sec. 107(a) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5049) added a new para. (D).
---------------------------------------------------------------------------
(i) In general.--Except as provided
under clause (ii), a country that is
included on the special watch list
described in subparagraph (A) for 2
consecutive years after the date of the
enactment of this subparagraph, shall
be included on the list of countries
described in paragraph (1)(C).
(ii) Exercise of waiver authority.--
The President may waive the application
of clause (i) for up to 2 years if the
President determines, and reports
credible evidence to the Committee on
Foreign Relations of the Senate and the
Committee on Foreign Affairs of the
House of Representatives, that such a
waiver is justified because--
(I) the country has a written
plan to begin making
significant efforts to bring
itself into compliance with the
minimum standards for the
elimination of trafficking;
(II) the plan, if
implemented, would constitute
making such significant
efforts; and
(III) the country is devoting
sufficient resources to
implement the plan.
(4) \75\ Significant efforts.--In determinations
under paragraph (1) or (2) as to whether the government
of a country is making significant efforts to bring
itself into compliance with the minimum standards for
the elimination of trafficking, the Secretary of State
shall consider--
(A) the extent to which the country is a
country of origin, transit, or destination for
severe forms of trafficking;
(B) the extent of noncompliance with the
minimum standards by the government and,
particularly, the extent to which officials or
employees of the government have participated
in, facilitated, condoned, or are otherwise
complicit in severe forms of trafficking; and
(C) what measures are reasonable to bring the
government into compliance with the minimum
standards in light of the resources and
capabilities of the government.
(c) Notification.--Not less than 45 days or more than 90
days after the submission, on or after January 1, 2003, of an
annual report under subsection (b)(1), or an interim report
under subsection (b)(2), the President shall submit to the
appropriate congressional committees a notification of one of
the determinations listed in subsection (d) with respect to
each foreign country whose government, according to such
report--
(A) does not comply with the minimum standards for
the elimination of trafficking; and
(B) is not making significant efforts to bring itself
into compliance, as described in subsection (b)(1)(C).
(d) Presidential Determinations.--The determinations
referred to in subsection (c) are the following:
(1) Withholding of nonhumanitarian, nontrade-related
assistance.--The President has determined that--
(A)(i) the United States will not provide
nonhumanitarian, nontrade-related foreign
assistance to the government of the country for
the subsequent fiscal year until such
government complies with the minimum standards
or makes significant efforts to bring itself
into compliance; or
(ii) in the case of a country whose
government received no nonhumanitarian,
nontrade-related foreign assistance from the
United States during the previous fiscal year,
the United States will not provide such
assistance to the government of the country for
the subsequent fiscal year and will not provide
\77\ funding for participation by officials or
employees of such governments in educational
and cultural exchange programs for the
subsequent fiscal year until such government
complies with the minimum standards or makes
significant efforts to bring itself into
compliance; and
---------------------------------------------------------------------------
\77\ Sec. 107(b) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5049) inserted ``such assistance to the government of the country for
the subsequent fiscal year and will not provide'' after ``will not
provide''.
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(B) the President will instruct the United
States Executive Director of each multilateral
development bank and of the International
Monetary Fund to vote against, and to use the
Executive Director's best efforts to deny, any
loan or other utilization of the funds of the
respective institution to that country (other
than for humanitarian assistance, for trade-
related assistance, or for development
assistance which directly addresses basic human
needs, is not administered by the government of
the sanctioned country, and confers no benefit
to that government) for the subsequent fiscal
year until such government complies with the
minimum standards or makes significant efforts
to bring itself into compliance.
(2) Ongoing, multiple, broad-based restrictions on
assistance in response to human rights violations.--The
President has determined that such country is already
subject to multiple, broad-based restrictions on
assistance imposed in significant part in response to
human rights abuses and such restrictions are ongoing
and are comparable to the restrictions provided in
paragraph (1). Such determination shall be accompanied
by a description of the specific restriction or
restrictions that were the basis for making such
determination.
(3) Subsequent compliance.--The Secretary of State
has determined that the government of the country has
come into compliance with the minimum standards or is
making significant efforts to bring itself into
compliance.
(4) Continuation of assistance in the national
interest.--Notwithstanding the failure of the
government of the country to comply with minimum
standards for the elimination of trafficking and to
make significant efforts to bring itself into
compliance, the President has determined that the
provision to the country of nonhumanitarian, nontrade-
related foreign assistance or funding for participation
in educational and cultural exchange programs,\78\ or
the multilateral assistance described in paragraph
(1)(B), or both, would promote the purposes of this
division or is otherwise in the national interest of
the United States.
---------------------------------------------------------------------------
\78\ Sec. 6(h)(1) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2884)
inserted ``or funding for participation in educational and cultural
exchange programs'' after ``nonhumanitarian, nontrade-related foreign
assistance''.
---------------------------------------------------------------------------
(5) Exercise of waiver authority.--
(A) In general.--The President may exercise
the authority under paragraph (4) with respect
to--
(i) all nonhumanitarian, nontrade-
related foreign assistance or funding
for participation in educational and
cultural exchange programs \79\ to a
country;
---------------------------------------------------------------------------
\79\ Sec. 6(h)(2) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2884)
inserted ``or funding for participation in educational and cultural
exchange programs'' after ``foreign assistance''.
---------------------------------------------------------------------------
(ii) all multilateral assistance
described in paragraph (1)(B) to a
country; or
(iii) one or more programs, projects,
or activities of such assistance.
(B) Avoidance of significant adverse
effects.--The President shall exercise the
authority under paragraph (4) when necessary to
avoid significant adverse effects on vulnerable
populations, including women and children.
(6) Definition of multilateral development bank.--In
this subsection, the term ``multilateral development
bank'' refers to any of the following institutions: the
International Bank for Reconstruction and Development,
the International Development Association, the
International Finance Corporation, the Inter-American
Development Bank, the Asian Development Bank, the
Inter-American Investment Corporation, the African
Development Bank, the African Development Fund, the
European Bank for Reconstruction and Development, and
the Multilateral Investment Guaranty Agency.
(e) Certification.--Together with any notification under
subsection (c), the President shall provide a certification by
the Secretary of State that, with respect to any assistance
described in clause (ii), (iii), or (v) of section 103(7)(A),
or with respect to any assistance described in section
103(7)(B), no assistance is intended to be received or used by
any agency or official who has participated in, facilitated, or
condoned a severe form of trafficking in persons.
(f) \80\ After the President has made a determination
described in subsection (d)(1) with respect to the government
of a country, the President may at any time make a
determination described in paragraphs (4) and (5) of subsection
(d) to waive, in whole or in part, the measures imposed against
the country by the previous determination under subsection
(d)(1).
---------------------------------------------------------------------------
\80\ Sec. 6(i) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2884) added
subsec. (f).
---------------------------------------------------------------------------
SEC. 111.\81\ ACTIONS AGAINST SIGNIFICANT TRAFFICKERS IN PERSONS.
(a) Authority To Sanction Significant Traffickers in
Persons.--
(1) In general.--The President may exercise the
authorities set forth in section 203 of the
International Emergency Economic Powers Act (50 U.S.C.
1701) without regard to section 202 of that Act (50
U.S.C. 1701) in the case of any of the following
persons:
---------------------------------------------------------------------------
\81\ 22 U.S.C. 7108.
---------------------------------------------------------------------------
(A) Any foreign person that plays a
significant role in a severe form of
trafficking in persons, directly or indirectly
in the United States.
(B) Foreign persons that materially assist
in, or provide financial or technological
support for or to, or provide goods or services
in support of, activities of a significant
foreign trafficker in persons identified
pursuant to subparagraph (A).
(C) Foreign persons that are owned,
controlled, or directed by, or acting for or on
behalf of, a significant foreign trafficker
identified pursuant to subparagraph (A).
(2) Penalties.--The penalties set forth in section
206 of the International Emergency Economic Powers Act
(50 U.S.C. 1705) apply to violations of any license,
order, or regulation issued under this section.
(b) Report to Congress on Identification and Sanctioning of
Significant Traffickers in Persons.--
(1) In general.--Upon exercising the authority of
subsection (a), the President shall report to the
appropriate congressional committees--
(A) identifying publicly the foreign persons
that the President determines are appropriate
for sanctions pursuant to this section and the
basis for such determination; and
(B) detailing publicly the sanctions imposed
pursuant to this section.
(2) Removal of sanctions.--Upon suspending or
terminating any action imposed under the authority of
subsection (a), the President shall report to the
committees described in paragraph (1) on such
suspension or termination.
(3) Submission of classified information.--Reports
submitted under this subsection may include an annex
with classified information regarding the basis for the
determination made by the President under paragraph
(1)(A).
(c) Law Enforcement and Intelligence Activities Not
Affected.--Nothing in this section prohibits or otherwise
limits the authorized law enforcement or intelligence
activities of the United States, or the law enforcement
activities of any State or subdivision thereof.
(d) Exclusion of Persons Who Have Benefited From Illicit
Activities of Traffickers in Persons.--Section 212(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is
amended by inserting at the end the following new subparagraph:
* * *
(e) Implementation.--
(1) Delegation of authority.--The President may
delegate any authority granted by this section,
including the authority to designate foreign persons
under paragraphs (1)(B) and (1)(C) of subsection (a).
(2) Promulgation of rules and regulations.--The head
of any agency, including the Secretary of Treasury, is
authorized to take such actions as may be necessary to
carry out any authority delegated by the President
pursuant to paragraph (1), including promulgating rules
and regulations.
(3) Opportunity for review.--Such rules and
regulations shall include procedures affording an
opportunity for a person to be heard in an expeditious
manner, either in person or through a representative,
for the purpose of seeking changes to or termination of
any determination, order, designation or other action
associated with the exercise of the authority in
subsection (a).
(f) Definition of Foreign Persons.--In this section, the
term ``foreign person'' means any citizen or national of a
foreign state or any entity not organized under the laws of the
United States, including a foreign government official, but
does not include a foreign state.
(g) Construction.--Nothing in this section shall be
construed as precluding judicial review of the exercise of the
authority described in subsection (a).
SEC. 112.\82\ STRENGTHENING PROSECUTION AND PUNISHMENT OF TRAFFICKERS.
(a) Title 18 Amendments.--Chapter 77 of title 18, United
States Code, is amended--
---------------------------------------------------------------------------
\82\ 22 U.S.C. 7109.
---------------------------------------------------------------------------
(1) in each of sections 1581(a), 1583, and 1584--
(A) by striking ``10 years'' and inserting
``20 years''; and
(B) by adding at the end the following: ``If
death results from the violation of this
section, or if the violation includes
kidnapping or an attempt to kidnap, aggravated
sexual abuse or the attempt to commit
aggravated sexual abuse, or an attempt to kill,
the defendant shall be fined under this title
or imprisoned for any term of years or life, or
both.'';
(2) by inserting at the end the following: * * *
(b) Amendment to the Sentencing Guidelines.--
(1) Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with
this section, the United States Sentencing Commission
shall review and, if appropriate, amend the sentencing
guidelines and policy statements applicable to persons
convicted of offenses involving the trafficking of
persons including component or related crimes of
peonage, involuntary servitude, slave trade offenses,
and possession, transfer or sale of false immigration
documents in furtherance of trafficking, and the Fair
Labor Standards Act and the Migrant and Seasonal
Agricultural Worker Protection Act.
(2) In carrying out this subsection, the Sentencing
Commission shall--
(A) take all appropriate measures to ensure
that these sentencing guidelines and policy
statements applicable to the offenses described
in paragraph (1) of this subsection are
sufficiently stringent to deter and adequately
reflect the heinous nature of such offenses;
(B) consider conforming the sentencing
guidelines applicable to offenses involving
trafficking in persons to the guidelines
applicable to peonage, involuntary servitude,
and slave trade offenses; and
(C) consider providing sentencing
enhancements for those convicted of the
offenses described in paragraph (1) of this
subsection that--
(i) involve a large number of
victims;
(ii) involve a pattern of continued
and flagrant violations;
(iii) involve the use or threatened
use of a dangerous weapon; or
(iv) result in the death or bodily
injury of any person.
(3) The Commission may promulgate the guidelines or
amendments under this subsection in accordance with the
procedures set forth in section 21(a) of the Sentencing
Act of 1987, as though the authority under that Act had
not expired.
SEC. 112A.\83\ RESEARCH ON DOMESTIC AND INTERNATIONAL TRAFFICKING IN
PERSONS.
---------------------------------------------------------------------------
\83\ 22 U.S.C. 7109a. Added by sec. 6(g)(1) of the Trafficking
Victims Protection Reauthorization Act of 2003 (Public Law 108-193; 117
Stat. 2883).
---------------------------------------------------------------------------
(a) \84\ In General.--The President, acting through the
Council of Economic Advisors, the National Research Council of
the National Academies, the Secretary of Labor, the Secretary
of Health and Human Services, the Attorney General, the
Secretary of State, the Administrator of the United States
Agency for International Development, and the Director of
National Intelligence,\85\ shall carry out research, including
by providing grants to nongovernmental organizations, as well
as relevant United States Government agencies and international
organizations, which furthers the purposes of this division and
provides data to address the problems identified in the
findings of this division. Such research initiatives shall, to
the maximum extent practicable, include, but not be limited to,
the following:
---------------------------------------------------------------------------
\84\ Sec. 104(c)(1)(A)(i) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3564) struck
out ``The President'' and inserted in lieu thereof ``(a) In General.--
The President''.
\85\ Sec. 104(c)(1)(A)(ii) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3564) struck
out ``the Director of Central Intelligence'' and inserted in lieu
thereof ``the Director of National Intelligence''.
---------------------------------------------------------------------------
(1) The economic causes and consequences of
trafficking in persons.
(2) The effectiveness of programs and initiatives
funded or administered by Federal agencies to prevent
trafficking in persons and to protect and assist
victims of trafficking.
(3) The interrelationship between trafficking in
persons and global health risks, particularly HIV/
AIDS.\86\
---------------------------------------------------------------------------
\86\ Sec. 104(c)(1)(B) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3564)
inserted ``, particularly HIV/AIDS''.
---------------------------------------------------------------------------
(4) \87\ Subject to subsection (b), the
interrelationship between trafficking in persons and
terrorism, including the use of profits from
trafficking in persons to finance terrorism.
---------------------------------------------------------------------------
\87\ Sec. 104(c)(1)(C) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3564) added
paras. (4) through (6).
---------------------------------------------------------------------------
(5) \87\,\88\ An effective mechanism for
quantifying the number of victims of trafficking on a
national, regional, and international basis, which
shall include, not later than 2 years after the date of
the enactment of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008, the
establishment and maintenance of an integrated database
within the Human Smuggling and Trafficking Center.
---------------------------------------------------------------------------
\88\ Sec. 108(a)(1) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5050) amended and restated para. (5). It previously read as follows:
``(5) An effective mechanism for quantifying the number of victims
of trafficking on a national, regional, and international basis.''.
---------------------------------------------------------------------------
(6) \87\ The abduction and enslavement of children
for use as soldiers, including steps taken to eliminate
the abduction and enslavement of children for use as
soldiers and recommendations for such further steps as
may be necessary to rapidly end the abduction and
enslavement of children for use as soldiers.
(b) \89\ Role of Human Smuggling and Trafficking Center.--
---------------------------------------------------------------------------
\89\ Sec. 104(c)(1)(D) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3565) added
subsecs. (b) and (c). Sec. 108(a)(2) of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (Public Law
110-457; 122 Stat. 5050) subsequently amended and restated subsec. (b).
It previously read as follows:
``(b) Role of Human Smuggling and Trafficking Center.--The research
initiatives described in subsection (a)(4) shall be carried out by the
Human Smuggling and Trafficking Center (established pursuant to section
7202 of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458)).''.
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(1) In general.--The research initiatives described
in paragraphs (4) and (5) of subsection (a) shall be
carried out by the Human Smuggling and Trafficking
Center, established under section 7202 of the 9/11
Commission Implementation Act of 2004 (8 U.S.C. 1777).
(2) Database.--The database described in subsection
(a)(5) shall be established by combining all applicable
data collected by each Federal department and agency
represented on the Interagency Task Force to Monitor
and Combat Trafficking, consistent with the protection
of sources and methods, and, to the maximum extent
practicable, applicable data from relevant
international organizations, to--
(A) improve the coordination of the
collection of data related to trafficking in
persons by each agency of the United States
Government that collects such data;
(B) promote uniformity of such data
collection and standards and systems related to
such collection;
(C) undertake a meta-analysis of patterns of
trafficking in persons, slavery, and slave-like
conditions to develop and analyze global trends
in human trafficking;
(D) identify emerging issues in human
trafficking and establishing integrated methods
to combat them; and
(E) identify research priorities to respond
to global patterns and emerging issues.
(3) Consultation.--The database established in
accordance with paragraph (2) shall be maintained in
consultation with the Director of the Office to Monitor
and Combat Trafficking in Persons of the Department of
State.
(4) Authorization of appropriations.--There are
authorized to be appropriated $2,000,000 to the Human
Smuggling and Trafficking Center for each of the fiscal
years 2008 through 2011 to carry out the activities
described in this subsection.
(c) \89\ Definitions.--In this section:
(1) AIDS.--The term ``AIDS'' means the acquired
immune deficiency syndrome.
(2) HIV.--The term ``HIV'' means the human
immunodeficiency virus, the pathogen that causes AIDS.
(3) HIV/AIDS.--The term ``HIV/AIDS'' means, with
respect to an individual, an individual who is infected
with HIV or living with AIDS.
SEC. 112B.\90\ PRESIDENTIAL AWARD FOR EXTRAORDINARY EFFORTS TO COMBAT
TRAFFICKING IN PERSONS.
(a) Establishment of Award.--The President is authorized to
establish an award, to be known as the ``Presidential Award for
Extraordinary Efforts To Combat Trafficking in Persons'', for
extraordinary efforts to combat trafficking in persons. To the
maximum extent practicable, the Secretary of State shall
present the award annually to not more than 5 individuals or
organizations, including--
---------------------------------------------------------------------------
\90\ 22 U.S.C. 7109b. Sec. 109 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (Public Law
110-457; 122 Stat. 5051) added sec. 112B.
---------------------------------------------------------------------------
(1) individuals who are United States citizens or
foreign nationals; and
(2) United States or foreign nongovernmental
organizations.
(b) Selection.--The President shall establish procedures
for selecting recipients of the award authorized under
subsection (a).
(c) Ceremony.--The Secretary of State shall host an annual
ceremony for recipients of the award authorized under
subsection (a) as soon as practicable after the date on which
the Secretary submits to Congress the report required under
section 110(b)(1). The Secretary of State may pay the travel
costs of each recipient and a guest of each recipient who
attends the ceremony.
(d) Authorization of Appropriations.--There are authorized
to be appropriated, for each of the fiscal years 2008 through
2011, such sums as may be necessary to carry out this section.
SEC. 113.\91\ AUTHORIZATIONS OF APPROPRIATIONS.
(a) Authorization of Appropriations in Support of the Task
Force.--To carry out the purposes of sections 104,\92\ 105(e),
105(f),\93\ and 110, there are authorized to be appropriated to
the Secretary of State $5,500,000 for each of the fiscal years
2008 through 2011.\94\ In addition, there are authorized to be
appropriated to the Office to Monitor and Combat Trafficking
$1,500,000 for additional personnel for each of the fiscal
years 2008 through 2011, and $3,000 for official reception and
representation expenses.\95\
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\91\ 22 U.S.C. 7110.
\92\ Sec. 301(1)(A)(i) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5085) sought to strike out ``section 104, and'' in the first
sentence of subsec. (a). The amendment is not executable, however, as
that language does not occur in this sentence. The sentence should
probably read as follows: ``To carry out the purposes of sections
105(e), 105(f), and 110, there are authorized * * *''.
\93\ Sec. 7(1)(A) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2884) struck
out ``105'' and inserted in lieu thereof ``105(e), 105(f)''.
\94\ Sec. 301(1)(A)(ii) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5086) struck out ``$1,500,000 for fiscal year 2001, $3,000,000
for each of the fiscal years 2002 and 2003, $5,000,000 for each of the
fiscal years 2004 and 2005, and $5,500,000 for each of the fiscal years
2006 and 2007'' and inserted in lieu thereof ``$5,500,000 for each of
the fiscal years 2008 through 2011''.
Sec. 303 of that Act, furthermore, provided the following:
---------------------------------------------------------------------------
``sec. 303. rule of construction.
---------------------------------------------------------------------------
``The amendments made by sections 301 and 302 may not be construed
to affect the availability of funds appropriated pursuant to the
authorizations of appropriations under the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C.
7101 et seq.) and the Trafficking Victims Protection Reauthorization
Act of 2005 (Public Law 109-164) before the date of the enactment of
this Act.''.
\95\ Sec. 301(1)(B)(i) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5086) struck out ``for official reception and representation
expenses $3,000'' and inserted in lieu thereof ``$1,500,000 for
additional personnel for each of the fiscal years 2008 through 2011,
and $3,000 for official reception and representation expenses''.
Sec. 303 of that Act, furthermore, provided the following:
---------------------------------------------------------------------------
``sec. 303. rule of construction.
---------------------------------------------------------------------------
``The amendments made by sections 301 and 302 may not be construed
to affect the availability of funds appropriated pursuant to the
authorizations of appropriations under the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C.
7101 et seq.) and the Trafficking Victims Protection Reauthorization
Act of 2005 (Public Law 109-164) before the date of the enactment of
this Act.''.
Sec. 301(1)(B)(ii) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5086) sought to strike out ``2006 and 2007'' in the second sentence,
and insert in lieu thereof ``2008 through 2011''. This amendment is not
executable, as the amendment stated in sec. 301(1)(A)(ii) of that Act
struck out and replaced the same language.
Previously, sec. 301(1) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3572) struck
out ``and $5,000,000'' preceding ``for each of the fiscal years 2004
and 2005'', and inserted in lieu thereof ``$5,000,000'', and added at
the end of this sentence ``, and $5,500,000 for each of the fiscal
years 2006 and 2007''. Sec. 301(1)(C) of that Act added ``In addition,
there are authorized to be appropriated to the Office to Monitor and
Combat Trafficking for official reception and representation expenses
$3,000 for each of the fiscal years 2006 and 2007.''.
Previously, sec. 7(1)(B) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2884) struck
out ``and $3,000,000 for each of the fiscal years 2002 and 2003'' and
inserted in lieu thereof ``, $3,000,000 for each of the fiscal years
2002 and 2003, and $5,000,000 for each of the fiscal years 2004 and
2005''.
Previously, sec. 682(b)(1) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1410), struck out
``for fiscal year 2002'' and inserted in lieu thereof ``for each of the
fiscal years 2002 and 2003''.
---------------------------------------------------------------------------
(b) Authorization of Appropriations to the Secretary of
Health and Human Services.--(1) Eligibility for benefits and
assistance.--To carry out \96\ the purposes of section 107(b),
there are authorized to be appropriated to the Secretary of
Health and Human Services $12,500,000 for each of the fiscal
years 2008 through 2011.\97\
---------------------------------------------------------------------------
\96\ Sec. 113(a)(2)(A)(i) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5065) struck out ``To carry out'' and inserted in lieu thereof
``(1) Eligibility for benefits and assistance.--To carry out''.
\97\ Sec. 301(2) of William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5086) struck out ``$5,000,000 for fiscal year 2001 and $10,000,000 for
fiscal year 2002 and $15,000,000 for each of the fiscal years 2004,
2005, 2006, and 2007'' and inserted in lieu thereof ``$12,500,000 for
each of the fiscal years 2008 through 2011''.
Sec. 303 of that Act, furthermore, provided the following:
---------------------------------------------------------------------------
``sec. 303. rule of construction.
---------------------------------------------------------------------------
``The amendments made by sections 301 and 302 may not be construed
to affect the availability of funds appropriated pursuant to the
authorizations of appropriations under the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C.
7101 et seq.) and the Trafficking Victims Protection Reauthorization
Act of 2005 (Public Law 109-164) before the date of the enactment of
this Act.''.
Previously, sec. 301(2) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3572) struck
out ``2004 and 2005'' and inserted in lieu thereof ``2004, 2005, 2006,
and 2007''.
Previously, sec. 7(2) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2885)
inserted ``and $15,000,000 for each of the fiscal years 2004 and
2005''.
---------------------------------------------------------------------------
(2) \98\ Additional benefits for trafficking victims.--To
carry out the purposes of section 107(f), there are authorized
to be appropriated to the Secretary of Health and Human
Services--
---------------------------------------------------------------------------
\98\ Sec. 213(a)(2)(A)(ii) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5065) added para. (2).
---------------------------------------------------------------------------
(A) $2,500,000 for fiscal year 2008;
(B) $5,000,0000 for fiscal year 2009;
(C) $7,000,000 for fiscal year 2010; and
(D) $7,000,000 for fiscal year 2011.
(c) Authorization of Appropriations to the Secretary of
State.--
(1) \99\ Bilateral assistance to combat
trafficking.--
---------------------------------------------------------------------------
\99\ Sec. 7(3)(A) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2885)
amended and restated para. (1) to apply to fiscal years 2004 and 2005.
It previously read as follows:
``(1) Assistance for victims in other countries.--To carry out the
purposes of section 107(a), there are authorized to be appropriated to
the Secretary of State $5,000,000 for fiscal year 2001, $10,000,000 for
fiscal year 2002, and $15,000,000 for fiscal year 2003.''.
Previously, sec. 682(b)(2)(A) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat.
1410), amended para. (1) as originally enacted to authorize
appropriations of $15,000,000 for fiscal year 2003.
---------------------------------------------------------------------------
(A) Prevention.--To carry out the purposes of
section 106, there are authorized to be
appropriated to the Secretary of State
$10,000,000 for each of the fiscal years 2008
through 2011.\100\
---------------------------------------------------------------------------
\100\ Sec. 301(3)(A)(i) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5086) struck out ``2004, 2005, 2006, and 2007'' throughout
subsec. (c)(1), and inserted in lieu thereof ``2008 through 2011''.
Sec. 303 of that Act, furthermore, provided the following:
---------------------------------------------------------------------------
``sec. 303. rule of construction.
---------------------------------------------------------------------------
``The amendments made by sections 301 and 302 may not be construed
to affect the availability of funds appropriated pursuant to the
authorizations of appropriations under the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C.
7101 et seq.) and the Trafficking Victims Protection Reauthorization
Act of 2005 (Public Law 109-164) before the date of the enactment of
this Act.''.
Previously, sec. 301(3) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3572) struck
out ``2004 and 2005'' throughout subsec. (c)(1), and inserted in lieu
thereof ``2004, 2005, 2006, and 2007''.
---------------------------------------------------------------------------
(B) Protection.--To carry out the purposes of
section 107(a), there are authorized to be
appropriated to the Secretary of State
$15,000,000 for fiscal year 2003 and
$10,000,000 for each of the fiscal years 2008
through 2011.\100\ To carry out the purposes of
section 107(a)(1)(F), there are authorized to
be appropriated to the Secretary of State
$1,000,000 for each of the fiscal years 2008
through 2011.\101\
---------------------------------------------------------------------------
\101\ Sec. 301(3)(A)(ii) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5086) added this sentence.
---------------------------------------------------------------------------
(C) Prosecution and meeting minimum
standards.--To carry out the purposes of
section 134 of the Foreign Assistance Act of
1961, there are authorized to be appropriated
$10,000,000 for each of the fiscal years 2008
through 2011 \100\ to assist in promoting
prosecution of traffickers and otherwise to
assist countries in meeting the minimum
standards described in section 108 of this Act,
including $250,000 for each such fiscal year to
carry out training activities for law
enforcement officers, prosecutors, and members
of the judiciary with respect to trafficking in
persons at the International Law Enforcement
Academies.
(2) \102\ Preparation of annual country reports on
human rights.--To carry out the purposes of sections
116(f) and 502B(h) of the Foreign Assistance Act of
1961 (22 U.S.C. 2151n(f) and 2304(h)),\103\ there are
authorized to be appropriated to the Secretary of State
such sums as may be necessary to include the additional
information required by that section in the annual
Country Reports on Human Rights Practices.\104\
---------------------------------------------------------------------------
\102\ Sec. 301(3)(B) and (C) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5086) struck out former para. (2), and redesignated former para.
(3) as para. (2). Former para. (2), as amended by Public Law 108-193
and Public Law 107-228, read as follows:
``(2) Voluntary contributions to osce.--To carry out the purposes
of section 109, there is authorized to be appropriated to the Secretary
of State for each of the fiscal years 2001 through 2005 $300,000 for
voluntary contributions to advance projects aimed at preventing
trafficking, promoting respect for human rights of trafficking victims,
and assisting the Organization for Security and Cooperation in Europe
participating states in related legal reform for such fiscal year.''.
Sec. 303 of that Act, furthermore, provided the following:
---------------------------------------------------------------------------
``sec. 303. rule of construction.
---------------------------------------------------------------------------
``The amendments made by sections 301 and 302 may not be construed
to affect the availability of funds appropriated pursuant to the
authorizations of appropriations under the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C.
7101 et seq.) and the Trafficking Victims Protection Reauthorization
Act of 2005 (Public Law 109-164) before the date of the enactment of
this Act.''.
\103\ Sec. 301(3)(D)(i) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5086) struck out ``section 104'' and inserted in lieu thereof
``sections 116(f) and 502B(h) of the Foreign Assistance Act of 1961 (22
U.S.C. 2151n(f) and 2304(h))''.
\104\ Sec. 301(3)(D)(ii) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5086) struck out ``, including the preparation and publication of
the list described in subsection (a)(1) of that section'' at the end of
this sentence.
---------------------------------------------------------------------------
(d) Authorization of Appropriations to Attorney General.
(A) \105\ Eligibility for benefits and assistance.--
To carry out the purposes of section 107(b), there are
authorized to be appropriated to the Attorney General
$10,000,000 for each of the fiscal years 2008 through
2011.\106\
---------------------------------------------------------------------------
\105\ Sec. 213(a)(2)(B)(i) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5065) struck out ``To carry out the purposes of section 107(b)''
and inserted in lieu thereof ``(A) Eligibility for benefits and
assistance.--To carry out the purposes of section 107(b)''.
\106\ Sec. 301(4)(A) of William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5086) struck out ``$5,000,000 for fiscal year 2001 and $10,000,000 for
fiscal year 2002 and $15,000,000 for each of the fiscal years 2004,
2005, 2006, and 2007'' and inserted in lieu thereof ``$10,000,000 for
each of the fiscal years 2008 through 2011''.
Sec. 303 of that Act, furthermore, provided the following:
---------------------------------------------------------------------------
``sec. 303. rule of construction.
---------------------------------------------------------------------------
``The amendments made by sections 301 and 302 may not be construed
to affect the availability of funds appropriated pursuant to the
authorizations of appropriations under the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C.
7101 et seq.) and the Trafficking Victims Protection Reauthorization
Act of 2005 (Public Law 109-164) before the date of the enactment of
this Act.''.
Previously, sec. 301(4) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3572) struck
out ``2004 and 2005'' each place it appeared in subsec. (d), and
inserted in lieu thereof ``2004, 2005, 2006, and 2007''.
Previously, sec. 7(4)(A) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2885) added
``and $15,000,000 for each of the fiscal years 2004 and 2005''.
---------------------------------------------------------------------------
(B) \107\ Assistance to foreign countries.--To carry
out the purposes of section 134 of the Foreign
Assistance Act of 1961 (as added by section 109), there
are authorized to be appropriated to the President,
acting through the Attorney General and the Secretary
of State, $250,000 for each of fiscal years 2008
through 2011 \108\ to carry out training activities for
law enforcement officers, prosecutors, and members of
the judiciary with respect to trafficking in persons at
the International Law Enforcement Academies.\109\
---------------------------------------------------------------------------
\107\ Sec. 213(a)(2)(B)(ii) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5065) struck out ``To carry out the purposes of section 134'' and
inserted in lieu thereof ``(B) Assistance to foreign countries.--To
carry out the purposes of section 134''.
\108\ Sec. 301(4)(B) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5086) struck out ``2004, 2005, 2006, and 2007'' and inserted in lieu
thereof ``2008 through 2011''.
Sec. 303 of that Act, furthermore, provided the following:
---------------------------------------------------------------------------
``sec. 303. rule of construction.
---------------------------------------------------------------------------
``The amendments made by sections 301 and 302 may not be construed
to affect the availability of funds appropriated pursuant to the
authorizations of appropriations under the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C.
7101 et seq.) and the Trafficking Victims Protection Reauthorization
Act of 2005 (Public Law 109-164) before the date of the enactment of
this Act.''.
Previously, sec. 301(4) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3572) struck
out ``2004 and 2005'' each place it appeared in subsec. (d), and
inserted in lieu thereof ``2004, 2005, 2006, and 2007''.
Previously, sec. 7(4)(A) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2885) added
``and $15,000,000 for each of the fiscal years 2004 and 2005''.
\109\ Sec. 7(4)(B) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2885) added
text beginning at ``To carry out the purposes''.
---------------------------------------------------------------------------
(C) \110\ Additional benefits for trafficking
victims.--To carry out the purposes of section 107(f),
there are authorized to be appropriated to the Attorney
General--
---------------------------------------------------------------------------
\110\ Sec. 213(a)(2)(B)(iii) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5065) added subpara. (C).
---------------------------------------------------------------------------
(i) $2,500,000 for fiscal year 2008;
(ii) $5,000,0000 for fiscal year 2009;
(iii) $7,000,000 for fiscal year 2010; and
(iv) $7,000,000 for fiscal year 2011.
(e) Authorization of Appropriations to President.--
(1) Foreign victim assistance.--To carry out the
purposes of section 106, there are authorized to be
appropriated to the President $15,000,000 for each of
the fiscal years 2008 through 2011.\111\
---------------------------------------------------------------------------
\111\ Sec. 301(5)(A) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5086) struck out ``$5,000,000 for fiscal year 2001, $10,000,000 for
fiscal year 2002, and $15,000,000 for each of the fiscal years 2003
through 2007.'' and inserted in lieu thereof ``$15,000,000 for each of
the fiscal years 2008 through 2011.''
Sec. 303 of that Act, furthermore, provided the following:
---------------------------------------------------------------------------
``sec. 303. rule of construction.
---------------------------------------------------------------------------
``The amendments made by sections 301 and 302 may not be construed
to affect the availability of funds appropriated pursuant to the
authorizations of appropriations under the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C.
7101 et seq.) and the Trafficking Victims Protection Reauthorization
Act of 2005 (Public Law 109-164) before the date of the enactment of
this Act.''.
Previously, sec. 301(5)(A) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3572) struck
out ``2003 through 2005'' and inserted in lieu thereof ``2003 through
2007'' in paras. (1) and (2).
Previously, sec. 7(5)(A) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2885) struck
out ``for fiscal year 2003'' and inserted in lieu thereof ``for each of
the fiscal years 2003 through 2005''.
Previously, sec. 682(b)(3) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1410), struck out
``and $10,000,000 for fiscal year 2002'' each place it appeared and
inserted in lieu thereof ``, $10,000,000 for fiscal year 2002, and
$15,000,000 for fiscal year 2003''.
---------------------------------------------------------------------------
(2) Assistance to foreign countries to meet minimum
standards.--To carry out the purposes of section 134 of
the Foreign Assistance Act of 1961 (22 U.S.C.
2152d),\112\ there are authorized to be appropriated to
the President $15,000,000 for each of the fiscal years
2008 through 2011.\113\
---------------------------------------------------------------------------
\112\ Sec. 301(5)(B)(i) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5086) struck out ``section 109'' and inserted in lieu thereof
``section 134 of the Foreign Assistance Act of 1961 (22 U.S.C.
2152d)''.
\113\ Sec. 301(5)(B)(ii) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5086) struck out ``$5,000,000 for fiscal year 2001, $10,000,000
for fiscal year 2002, and $15,000,000 for each of the fiscal years 2003
through 2007.'' and inserted in lieu thereof ``$15,000,000 for each of
the fiscal years 2008 through 2011.''.
Sec. 303 of that Act, furthermore, provided the following:
---------------------------------------------------------------------------
``sec. 303. rule of construction.
---------------------------------------------------------------------------
``The amendments made by sections 301 and 302 may not be construed
to affect the availability of funds appropriated pursuant to the
authorizations of appropriations under the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C.
7101 et seq.) and the Trafficking Victims Protection Reauthorization
Act of 2005 (Public Law 109-164) before the date of the enactment of
this Act.''.
Previously, sec. 301(5)(A) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3572) struck
out ``2003 through 2005'' and inserted in lieu thereof ``2003 through
2007'' in paras. (1) and (2).
Previously, sec. 7(5)(A) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2885) struck
out ``for fiscal year 2003'' and inserted in lieu thereof ``for each of
the fiscal years 2003 through 2005''.
Previously, sec. 682(b)(3) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1410), struck out
``and $10,000,000 for fiscal year 2002'' each place it appeared and
inserted in lieu thereof ``, $10,000,000 for fiscal year 2002, and
$15,000,000 for fiscal year 2003''.
---------------------------------------------------------------------------
(3) \114\ Research.--To carry out the purposes of
section 112A, there are authorized to be appropriated
to the President $2,000,000 for each of the fiscal
years 2008 through 2011.\115\
---------------------------------------------------------------------------
\114\ Sec. 7(5)(B) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2885) added
para. (3).
\115\ Sec. 301(5)(C) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5086) struck out ``$300,000 for each of the fiscal years 2004 through
2007.'' and inserted in lieu thereof ``$2,000,000 for each of the
fiscal years 2008 through 2011.''.
Sec. 303 of that Act, furthermore, provided the following:
---------------------------------------------------------------------------
``sec. 303. rule of construction.
---------------------------------------------------------------------------
``The amendments made by sections 301 and 302 may not be construed
to affect the availability of funds appropriated pursuant to the
authorizations of appropriations under the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C.
7101 et seq.) and the Trafficking Victims Protection Reauthorization
Act of 2005 (Public Law 109-164) before the date of the enactment of
this Act.''.
Previously, sec. 301(5)(B) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3572) struck
out ``$300,000 for fiscal year 2004 and $300,000 for fiscal year 2005''
and inserted in lieu thereof ``$300,000 for each of the fiscal years
2004 through 2007''.
---------------------------------------------------------------------------
(f) Authorization of Appropriations to the Secretary of
Labor.--To carry out the purposes of section 107(b), there are
authorized to be appropriated to the Secretary of Labor
$10,000,000 for each of the fiscal years 2008 through
2011.\116\
---------------------------------------------------------------------------
\116\ Sec. 301(6) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5086) struck out ``$5,000,000 for fiscal year 2001 and $10,000,000 for
fiscal year 2002 and $10,000,000 for each of the fiscal years 2004,
2005, 2006, and 2007.'' and inserted in lieu thereof ``$10,000,000 for
each of the fiscal years 2008 through 2011.''.
Sec. 303 of that Act, furthermore, provided the following:
---------------------------------------------------------------------------
``sec. 303. rule of construction.
---------------------------------------------------------------------------
``The amendments made by sections 301 and 302 may not be construed
to affect the availability of funds appropriated pursuant to the
authorizations of appropriations under the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C.
7101 et seq.) and the Trafficking Victims Protection Reauthorization
Act of 2005 (Public Law 109-164) before the date of the enactment of
this Act.''.
Previously, sec. 301(6) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3572) struck
out ``2004 and 2005'' and inserted in lieu thereof ``2004, 2005, 2006,
and 2007''.
Previously, sec. 7(6) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2885) added
``and $10,000,000 for each of the fiscal years 2004 and 2005''.
---------------------------------------------------------------------------
(g) \117\ Limitation on Use of Funds.--
---------------------------------------------------------------------------
\117\ Sec. 7(7) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2885) added
subsec. (g).
---------------------------------------------------------------------------
(1) Restriction on programs.--No funds made available
to carry out this division, or any amendment made by
this division, may be used to promote, support, or
advocate the legalization or practice of prostitution.
Nothing in the preceding sentence shall be construed to
preclude assistance designed to promote the purposes of
this Act by ameliorating the suffering of, or health
risks to, victims while they are being trafficked or
after they are out of the situation that resulted from
such victims being trafficked.
(2) Restriction on organizations.--No funds made
available to carry out this division, or any amendment
made by this division, may be used to implement any
program that targets victims of severe forms of
trafficking in persons described in section 103(8)(A)
of this Act through any organization that has not
stated in either a grant application, a grant
agreement, or both, that it does not promote, support,
or advocate the legalization or practice of
prostitution. The preceding sentence shall not apply to
organizations that provide services to individuals
solely after they are no longer engaged in activities
that resulted from such victims being trafficked.
(h) \118\ Authorization of Appropriations to Director of
the FBI.--There are authorized to be appropriated to the
Director of the Federal Bureau of Investigation $15,000,000 for
each of the fiscal years 2008 through 2011,\119\ to remain
available until expended, to investigate severe forms of
trafficking in persons.
---------------------------------------------------------------------------
\118\ Sec. 301(7) of the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3572) added
subsecs. (h) and (i).
\119\ Sec. 301(7) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5087) struck out ``fiscal year 2006'' and inserted in lieu thereof
``each of the fiscal years 2008 through 2011''.
Sec. 303 of that Act, furthermore, provided the following:
---------------------------------------------------------------------------
``sec. 303. rule of construction.
---------------------------------------------------------------------------
``The amendments made by sections 301 and 302 may not be construed
to affect the availability of funds appropriated pursuant to the
authorizations of appropriations under the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C.
7101 et seq.) and the Trafficking Victims Protection Reauthorization
Act of 2005 (Public Law 109-164) before the date of the enactment of
this Act.''.
---------------------------------------------------------------------------
(i) \118\ Authorization of Appropriations to the Secretary
of Homeland Security.--There are authorized to be appropriated
to the Secretary of Homeland Security, $18,000,000 for each of
the fiscal years 2008 through 2011,\120\ to remain available
until expended, for investigations by the Bureau of Immigration
and Customs Enforcement of severe forms of trafficking in
persons.
---------------------------------------------------------------------------
\120\ Sec. 301(8) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5087) struck out ``2006 and 2007'' and inserted in lieu thereof ``2008
through 2011''.
Sec. 303 of that Act, furthermore, provided the following:
---------------------------------------------------------------------------
``sec. 303. rule of construction.
---------------------------------------------------------------------------
``The amendments made by sections 301 and 302 may not be construed
to affect the availability of funds appropriated pursuant to the
authorizations of appropriations under the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C.
7101 et seq.) and the Trafficking Victims Protection Reauthorization
Act of 2005 (Public Law 109-164) before the date of the enactment of
this Act.''.
---------------------------------------------------------------------------
* * * * * * *
(2) William Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008
Partial text of Public Law 110-457 [H.R. 7311], 122 Stat. 5044,
approved December 23, 2008
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note.--Except for the provisions noted below, the William Wilberforce Trafficking Victims Protection
--------------------------------------------------------------------------------------------------------------------------------------------------------
AN ACT To authorize appropriations for fiscal years 2008 through 2011
for the Trafficking Victims Protection Act of 2000, to enhance measures
to combat trafficking in persons, 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
``William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 7101 note.
---------------------------------------------------------------------------
(b) Table of Contents.--The table of contents for this Act
is as follows:
Page
Sec. 1. Short title; table of contents............................ 865
TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONS
Sec. 101. Interagency Task Force to Monitor and Combat Trafficking
Sec. 102. Office to Monitor and Combat Trafficking
Sec. 103. Prevention and prosecution of trafficking in foreign
countries
Sec. 104. Assistance for victims of trafficking in other countries
Sec. 105. Increasing effectiveness of anti-trafficking programs
Sec. 106. Minimum standards for the elimination of trafficking
Sec. 107. Actions against governments failing to meet minimum
standards..................................................... 867
Sec. 108. Research on domestic and international trafficking in
persons
Sec. 109. Presidential Award for Extraordinary Efforts to Combat
Trafficking in Persons
Sec. 110. Report on activities of the Department of Labor to
monitor and combat forced labor and child labor............... 867
Sec. 111. Sense of Congress regarding multilateral framework
between labor exporting and labor importing countries......... 867
TITLE II--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Ensuring Availability of Possible Witnesses and Informants
Sec. 201. Protecting trafficking victims against retaliation
Sec. 202. Protections for domestic workers and other nonimmigrants 868
Sec. 203. Protections, remedies, and limitations on issuance for
A-3 and G-5 visas............................................. 870
Sec. 204. Relief for certain victims pending actions on petitions
and applications for relief
Sec. 205. Expansion of authority to permit continued presence in
the United States
Subtitle B--Assistance for Trafficking Victims
Sec. 211. Assistance for certain nonimmigrant status applicants
Sec. 212. Interim assistance for children
Sec. 213. Ensuring assistance for all victims of trafficking in
persons....................................................... 873
Subtitle C--Penalties Against Traffickers and Other Crimes
Sec. 221. Restitution of forfeited assets; enhancement of civil
action
Sec. 222. Enhancing penalties for trafficking offenses
Sec. 223. Jurisdiction in certain trafficking offenses
Sec. 224. Bail conditions, subpoenas, and repeat offender
penalties for sex trafficking
Sec. 225. Promoting effective State enforcement................... 874
Subtitle D--Activities of the United States Government
Sec. 231. Annual report by the Attorney General
Sec. 232. Investigation by the Inspectors General................. 875
Sec. 233. Senior Policy Operating Group
Sec. 234. Preventing United States travel by traffickers
Sec. 235. Enhancing efforts to combat the trafficking of children. 876
Sec. 236. Restriction of passports for sex tourism................ 883
Sec. 237. Additional reporting on crime........................... 883
Sec. 238. Processing of certain visas............................. 885
Sec. 239. Temporary increase in fee for certain consular services. 886
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
Sec. 301. Trafficking Victims Protection Act of 2000
Sec. 302. Trafficking Victims Protection Reauthorization Act of
2005
Sec. 303. Rule of construction.................................... 887
Sec. 304. Technical amendments
TITLE IV--CHILD SOLDIERS PREVENTION
Sec. 401. Short title
Sec. 402. Definitions
Sec. 403. Sense of Congress
Sec. 404. Prohibition
Sec. 405. Reports
Sec. 406. Training for foreign service officers
Sec. 407. Effective date; applicability
TITLE I--COMBATING INTERNATIONAL TRAFFICKING IN PERSONS
* * * * * * *
SEC. 107. ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM
STANDARDS.
(a) * * *
(b) * * *
(c) \2\ Translation of Trafficking in Persons Report.--The
Secretary of State shall--
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\2\ 22 U.S.C. 7107 note.
---------------------------------------------------------------------------
(1) timely translate the annual report submitted
under section 110(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)) into the
principal languages of as many countries as possible,
with particular emphasis on the languages of the
countries on the lists described in subparagraphs (B)
and (C) of section 110(b)(1) of such Act; and
(2) ensure that the translations described in
paragraph (1) are made available to the public through
postings on the Internet website of the Department of
State and other appropriate websites.
* * * * * * *
SEC. 110. REPORT ON ACTIVITIES OF THE DEPARTMENT OF LABOR TO MONITOR
AND COMBAT FORCED LABOR AND CHILD LABOR.
(a) Final Report; Public Availability of List.--Not later
than January 15, 2010, the Secretary of Labor shall--
(1) submit to the appropriate congressional
committees a final report that--
(A) describes the implementation of section
105(b) of the Trafficking Victims Protection
Reauthorization Act of 2005 (22 U.S.C.
7103(b)); and
(B) includes an initial list of goods
described in paragraph (2)(C) of such section;
and
(2) make the list of goods described in paragraph
(1)(B) available to the public.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees'' has
the meaning given the term in section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102).
SEC. 111. SENSE OF CONGRESS REGARDING MULTILATERAL FRAMEWORK BETWEEN
LABOR EXPORTING AND LABOR IMPORTING COUNTRIES.
It is the sense of Congress that the Secretary of State, in
conjunction with the International Labour Organization, the
United Nations Office of Drug and Crime Prevention, and other
relevant international and nongovernmental organizations,
should seek to establish a multilateral framework between labor
exporting and labor importing countries to ensure that workers
migrating between such countries are protected from trafficking
in persons.
TITLE II--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES
Subtitle A--Ensuring Availability of Possible Witnesses and Informants
* * * * * * *
SEC. 202.\3\ PROTECTIONS FOR DOMESTIC WORKERS AND OTHER NONIMMIGRANTS.
(a) Information Pamphlet.--
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\3\ 8 U.S.C. 1375b.
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(1) Development and distribution.--The Secretary of
State, in consultation with the Secretary of Homeland
Security, the Attorney General, and the Secretary of
Labor, shall develop an information pamphlet on legal
rights and resources for aliens applying for
employment- or education-based nonimmigrant visas.
(2) Consultation.--In developing the information
pamphlet under paragraph (1), the Secretary of State
shall consult with nongovernmental organizations with
expertise on the legal rights of workers and victims of
severe forms of trafficking in persons.
(b) Contents.--The information pamphlet developed under
subsection (a) shall include information concerning items such
as--
(1) the nonimmigrant visa application processes,
including information about the portability of
employment;
(2) the legal rights of employment or education-based
nonimmigrant visa holders under Federal immigration,
labor, and employment law;
(3) the illegality of slavery, peonage, trafficking
in persons, sexual assault, extortion, blackmail, and
worker exploitation in the United States;
(4) the legal rights of immigrant victims of
trafficking in persons and worker exploitation,
including--
(A) the right of access to immigrant and
labor rights groups;
(B) the right to seek redress in United
States courts;
(C) the right to report abuse without
retaliation;
(D) the right of the nonimmigrant to
relinquish possession of his or her passport to
his or her employer;
(E) the requirement of an employment contract
between the employer and the nonimmigrant; and
(F) an explanation of the rights and
protections included in the contract described
in subparagraph (E); and
(5) information about nongovernmental organizations
that provide services for victims of trafficking in
persons and worker exploitation, including--
(A) anti-trafficking in persons telephone
hotlines operated by the Federal Government;
(B) the Operation Rescue and Restore hotline;
and
(C) a general description of the types of
victims services available for individuals
subject to trafficking in persons or worker
exploitation.
(c) Translation.--
(1) In general.--To best serve the language groups
having the greatest concentration of employment-based
nonimmigrant visas, the Secretary of State shall
translate the information pamphlet developed under
subsection (a) into all relevant foreign languages, to
be determined by the Secretary based on the languages
spoken by the greatest concentrations of employment- or
education-based nonimmigrant visa applicants.
(2) Revision.--Every 2 years, the Secretary of State,
in consultation with the Attorney General and the
Secretary of Homeland Security, shall determine the
specific languages into which the information pamphlet
will be translated based on the languages spoken by the
greatest concentrations of employment- or education-
based nonimmigrant visa applicants.
(d) Availability and Distribution.--
(1) Posting on federal websites.--The information
pamphlet developed under subsection (a) shall be posted
on the websites of the Department of State, the
Department of Homeland Security, the Department of
Justice, the Department of Labor, and all United States
consular posts processing applications for employment-
or education-based nonimmigrant visas.
(2) Other distribution.--The information pamphlet
developed under subsection (a) shall be made available
to any--
(A) government agency;
(B) nongovernmental advocacy organization; or
(C) foreign labor broker doing business in
the United States.
(3) Deadline for pamphlet development and
distribution.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State
shall distribute and make available the information
pamphlet developed under subsection (a) in all the
languages referred to in subsection (c).
(e) Responsibilities of Consular Officers of the Department
of State.--
(1) Interviews.--A consular officer conducting an
interview of an alien for an employment-based
nonimmigrant visa shall--
(A)(i) confirm that the alien has received,
read, and understood the contents of the
pamphlet described in subsections (a) and (b);
and
(ii) if the alien has not received, read, or
understood the contents of the pamphlet
described in subsections (a) and (b),
distribute and orally disclose to the alien the
information described in paragraphs (2) and (3)
in a language that the alien understands; and
(B) offer to answer any questions the alien
may have regarding the contents of the pamphlet
described in subsections (a) and (b).
(2) Legal rights.--The consular officer shall
disclose to the alien--
(A) the legal rights of employment-based
nonimmigrants under Federal immigration, labor,
and employment laws;
(B) the illegality of slavery, peonage,
trafficking in persons, sexual assault,
extortion, blackmail, and worker exploitation
in the United States; and
(C) the legal rights of immigrant victims of
trafficking in persons, worker exploitation,
and other related crimes, including--
(i) the right of access to immigrant
and labor rights groups;
(ii) the right to seek redress in
United States courts; and
(iii) the right to report abuse
without retaliation.
(3) Victim services.--In carrying out the disclosure
requirement under this subsection, the consular officer
shall disclose to the alien the availability of
services for victims of human trafficking and worker
exploitation in the United States, including victim
services complaint hotlines.
(f) Definitions.--In this section:
(1) Employment- or education-based nonimmigrant
visa.--The term ``employment- or education-based
nonimmigrant visa'' means--
(A) a nonimmigrant visa issued under
subparagraph (A)(iii), (G)(v), (H), or (J) of
section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)); and
(B) any nonimmigrant visa issued to a
personal or domestic servant who is
accompanying or following to join an employer.
(2) Severe forms of trafficking in persons.--The term
``severe forms of trafficking in persons'' has the
meaning given the term in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7102).
(3) Secretary.--The term ``Secretary'' means the
Secretary of State.
(4) Abusing and exploiting.--The term ``abusing and
exploiting'' means any conduct which would constitute a
violation of section 1466A, 1589, 1591, 1592, 2251, or
2251A of title 18, United States Code.
SEC. 203.\4\ PROTECTIONS, REMEDIES, AND LIMITATIONS ON ISSUANCE FOR A-3
AND G-5 VISAS.
(a) Limitations on Issuance of A-3 and G-5 Visas.--
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\4\ 8 U.S.C. 1375c.
---------------------------------------------------------------------------
(1) Contract requirement.--Notwithstanding any other
provision of law, the Secretary of State may not
issue--
(A) an A-3 visa unless the applicant is
employed, or has signed a contract to be
employed containing the requirements set forth
in subsection (d)(2), by an officer of a
diplomatic mission or consular post; or
(B) a G-5 visa unless the applicant is
employed, or has signed a contract to be
employed by an employee in an international
organization.
(2) Suspension requirement.--Notwithstanding any
other provision of law, the Secretary shall suspend,
for such period as the Secretary determines necessary,
the issuance of A-3 visas or G-5 visas to applicants
seeking to work for officials of a diplomatic mission
or an international organization, if the Secretary
determines that there is credible evidence that 1 or
more employees of such mission or international
organization have abused or exploited 1 or more
nonimmigrants holding an A-3 visa or a G-5 visa, and
that the diplomatic mission or international
organization tolerated such actions.
(3) Action by diplomatic missions or international
organizations.--The Secretary may suspend the
application of the limitation under paragraph (2) if
the Secretary determines and reports to the appropriate
congressional committees that a mechanism is in place
to ensure that such abuse or exploitation does not
reoccur with respect to any alien employed by an
employee of such mission or institution.
(b) Protections and Remedies for A-3 and G-5 Nonimmigrants
Employed by Diplomats and Staff of International
Organizations.--
(1) In general.--The Secretary may not issue or renew
an A-3 visa or a G-5 visa unless--
(A) the visa applicant has executed a
contract with the employer or prospective
employer containing provisions described in
paragraph (2); and
(B) a consular officer has conducted a
personal interview with the applicant outside
the presence of the employer or any recruitment
agent in which the officer reviewed the terms
of the contract and the provisions of the
pamphlet required under section 202.
(2) Mandatory contract.--The contract between the
employer and domestic worker required under paragraph
(1) shall include--
(A) an agreement by the employer to abide by
all Federal, State, and local laws in the
United States;
(B) information on the frequency and form of
payment, work duties, weekly work hours,
holidays, sick days, and vacation days; and
(C) an agreement by the employer not to
withhold the passport, employment contract, or
other personal property of the employee.
(3) Training of consular officers.--The Secretary
shall provide appropriate training to consular officers
on the fair labor standards described in the pamphlet
required under section 202, trafficking in persons, and
the provisions of this section.
(4) Record keeping.--
(A) In general.--The Secretary shall maintain
records on the presence of nonimmigrants
holding an A-3 visa or a G-5 visa in the United
States, including--
(i) information about when the
nonimmigrant entered and permanently
exited the country of residence;
(ii) the official title, contact
information, and immunity level of the
employer; and
(iii) information regarding any
allegations of employer abuse received
by the Department of State.
(c) Protection From Removal During Legal Actions Against
Former Employers.--
(1) Remaining in the united states to seek legal
redress.--
(A) Effect of complaint filing.--Except as
provided in subparagraph (B), if a nonimmigrant
holding an A-3 visa or a G-5 visa working in
the United States files a civil action under
section 1595 of title 18, United States Code,
or a civil action regarding a violation of any
of the terms contained in the contract or
violation of any other Federal, State, or local
law in the United States governing the terms
and conditions of employment of the
nonimmigrant that are associated with acts
covered by such section, the Attorney General
and the Secretary of Homeland Security shall
permit the nonimmigrant to remain legally in
the United States for time sufficient to fully
and effectively participate in all legal
proceedings related to such action.
(B) Exception.--An alien described in
subparagraph (A) may be deported before the
conclusion of the legal proceedings related to
a civil action described in such subparagraph
if such alien is--
(i) inadmissible under paragraph
(2)(A)(i)(II), (2)(B), (2)(C), (2)(E),
(2)(H), (2)(I), (3)(A)(i), (3)(A)(iii),
(3)(B), (3)(C), or (3)(F) of section
212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)); or
(ii) deportable under paragraph
(2)(A)(ii), (2)(A)(iii), (4)(A)(i),
(4)(A)(iii), (4)(B), or (4)(C) of
section 237(a) of such Act (8 U.S.C.
1227(a)).
(C) Failure to exercise due diligence.--If
the Secretary of Homeland Security, after
consultation with the Attorney General,
determines that the nonimmigrant holding an A-3
visa or a G-5 visa has failed to exercise due
diligence in pursuing an action described in
subparagraph (A), the Secretary may terminate
the status of the A-3 or G-5 nonimmigrant.
(2) Authorization to work.--The Attorney General and
the Secretary of Homeland Security shall authorize any
nonimmigrant described in paragraph (1) to engage in
employment in the United States during the period the
nonimmigrant is in the United States pursuant to
paragraph (1).
(d) Study and Report.--
(1) Investigation report.--
(A) In general.--Not later than 180 days
after the date of the enactment of this Act,
and every 2 years thereafter for the following
10 years, the Secretary shall submit a report
to the appropriate congressional committees on
the implementation of this section.
(B) Contents.--The report submitted under
subparagraph (A) shall include--
(i) an assessment of the actions
taken by the Department of State and
the Department of Justice to
investigate allegations of trafficking
or abuse of nonimmigrants holding an A-
3 visa or a G-5 visa; and
(ii) the results of such
investigations.
(2) Feasibility of oversight of employees of
diplomats and representatives of other institutions
report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a
report to the appropriate congressional committees on
the feasibility of--
(A) establishing a system to monitor the
treatment of nonimmigrants holding an A-3 visa
or a G-5 visa who have been admitted to the
United States;
(B) a range of compensation approaches, such
as a bond program, compensation fund, or
insurance scheme, to ensure that such
nonimmigrants receive appropriate compensation
if their employers violate the terms of their
employment contracts; and
(C) with respect to each proposed
compensation approach described in subparagraph
(B), an evaluation and proposal describing the
proposed processes for--
(i) adjudicating claims of rights
violations;
(ii) determining the level of
compensation; and
(iii) administering the program,
fund, or scheme.
(e) Assistance to Law Enforcement Investigations.--The
Secretary shall cooperate, to the fullest extent possible
consistent with the United States obligations under the Vienna
Convention on Diplomatic Relations, done at Vienna, April 18,
1961, (23 U.S.T. 3229), with any investigation by United States
law enforcement authorities of crimes related to abuse or
exploitation of a nonimmigrant holding an A-3 visa or a G-5
visa.
(f) Definitions.--In this section:
(1) A-3 visa.--The term ``A-3 visa'' means a
nonimmigrant visa issued pursuant to section
101(a)(15)(A)(iii) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(A)(iii)).
(2) G-5 visa.--The term ``G-5 visa'' means a
nonimmigrant visa issued pursuant to section
101(a)(15)(G)(v) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(G)(v)).
(3) Secretary.--The term ``Secretary'' means the
Secretary of State.
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Foreign Relations and
the Committee on the Judiciary of the Senate.
* * * * * * *
Subtitle B--Assistance for Trafficking Victims
* * * * * * *
SEC. 213. ENSURING ASSISTANCE FOR ALL VICTIMS OF TRAFFICKING IN
PERSONS.
(a) * * *
(b) Study.--
(1) Requirement.--Not later than 1 year after the
date of the enactment of this Act, the Attorney General
and the Secretary of Health and Human Services shall
submit a report to the appropriate congressional
committees that identifies the existence and extent of
any service gap between victims described in section
107(b)(1) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7105) and individuals described in
section 107(f) of such Act, as amended by section
213(a) of this Act.
(2) Elements.--In carrying out the study under
subparagraph (1), the Attorney General and the
Secretary of Health and Human Services shall--
(A) investigate factors relating to the legal
ability of the victims described in paragraph
(1) to access government-funded social services
in general, including the application of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C.
1641(c)(5)) and the Illegal Immigration and
Immigrant Responsibility Act of 1996 (division
C of Public Law 104-208; 110 Stat. 3009 et
seq.);
(B) investigate any other impediments to the
access of the victims described in paragraph
(1) to government-funded social services;
(C) investigate any impediments to the access
of the victims described in paragraph (1) to
government-funded services targeted to victims
of severe forms of trafficking;
(D) investigate the effect of trafficking
service-provider infrastructure development,
continuity of care, and availability of
caseworkers on the eventual restoration and
rehabilitation of the victims described in
paragraph (1); and
(E) include findings, best practices, and
recommendations, if any, based on the study of
the elements described in subparagraphs (A)
through (D) and any other related information.
Subtitle C--Penalties Against Traffickers and Other Crimes
* * * * * * *
SEC. 225.\5\ PROMOTING EFFECTIVE STATE ENFORCEMENT.
(a) Relationship Among Federal and State Law.--Nothing in
this Act, the Trafficking Victims Protection Act of 2000, the
Trafficking Victims Protection Reauthorization Act of 2003, the
Trafficking Victims Protection Reauthorization Act of 2005,
chapters 77 and 117 of title 18, United States Code, or any
model law issued by the Department of Justice to carry out the
purposes of any of the aforementioned statutes--
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\5\ 22 U.S.C. 7101 note.
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(1) may be construed to treat prostitution as a valid
form of employment under Federal law; or
(2) shall preempt, supplant, or limit the effect of
any State or Federal criminal law.
(b) Model State Criminal Provisions.--In addition to any
model State antitrafficking statutes in effect on the date of
the enactment of this Act, the Attorney General shall
facilitate the promulgation of a model State statute that--
(1) furthers a comprehensive approach to
investigation and prosecution through
modernization of State and local prostitution
and pandering statutes; and
(2) is based in part on the provisions of the
Act of August 15, 1935 (49 Stat. 651; D.C. Code
22-2701 et seq.) (relating to prostitution and
pandering).
(c) Distribution.--The model statute described in
subsection (b) and the text of chapter 27 of the Criminal Code
of the District of Columbia (D.C. Code 22-2701 et seq.) shall
be--
(1) posted on the website of the Department of
Justice; and
(2) distributed to the Attorney General of each
State.
Subtitle D--Activities of the United States Government
* * * * * * *
SEC. 232. INVESTIGATION BY THE INSPECTORS GENERAL.
(a) In General.--For each of the fiscal years 2010 through
2012, the Inspectors General of the Department of Defense, the
Department of State, and the United States Agency for
International Development shall investigate a sample of the
contracts described in subsection (b).
(b) Contracts Described.--
(1) In general.--The contracts described in
subsection (a) are contracts, or subcontracts at any
tier, under which there is a heightened risk that a
contractor may engage, knowingly or unknowingly, in
acts related to trafficking in persons, such as--
(A) confiscation of an employee's passport;
(B) restriction on an employee's mobility;
(C) abrupt or evasive repatriation of an
employee;
(D) deception of an employee regarding the
work destination; or
(E) acts otherwise described in section
106(g) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7104).
(2) Consultation and information received.--In
determining the type of contact that should be
investigated pursuant to subsection (a), the Inspectors
General shall--
(A) consult with the Director of the Office
to Combat Trafficking in Persons of the
Department of State; and
(B) take into account any credible
information received regarding report of
trafficking in persons.
(c) Congressional Notification.--
(1) In general.--Not later than January 15, 2009, and
annually thereafter through January 15, 2011, each
Inspector General shall submit a report to the
congressional committees listed in paragraph (3)--
(A) summarizing the findings of the
investigations conducted in the previous year,
including any findings regarding trafficking in
persons or any improvements needed to prevent
trafficking in persons; and
(B) in the case of any contractor or
subcontractor with regard to which the
Inspector General has found substantial
evidence of trafficking in persons, report as
to--
(i) whether or not the case has been
referred for prosecution; and
(ii) whether or not the case has been
treated in accordance with section
106(g) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7104)
(relating to termination of certain
grants, contracts and cooperative
agreements).
(2) Joint report.--The Inspectors General described
in subsection (a) may submit their reports jointly.
(3) Congressional committees.--The committees list in
this paragraph are--
(A) the Committee on Armed Services of the
Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Armed Services of the
House of Representatives; and
(D) the Committee on Foreign Affairs of the
House of Representatives.
* * * * * * *
SEC. 235.\6\ ENHANCING EFFORTS TO COMBAT THE TRAFFICKING OF CHILDREN.
(a) Combating Child Trafficking at the Border and Ports of
Entry of the United States.--
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\6\ 8 U.S.C. 1232.
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(1) Policies and procedures.--In order to enhance the
efforts of the United States to prevent trafficking in
persons, the Secretary of Homeland Security, in
conjunction with the Secretary of State, the Attorney
General, and the Secretary of Health and Human
Services, shall develop policies and procedures to
ensure that unaccompanied alien children in the United
States are safely repatriated to their country of
nationality or of last habitual residence.
(2) Special rules for children from contiguous
countries.--
(A) Determinations.--Any unaccompanied alien
child who is a national or habitual resident of
a country that is contiguous with the United
States shall be treated in accordance with
subparagraph (B), if the Secretary of Homeland
Security determines, on a case-by-case basis,
that--
(i) such child has not been a victim
of a severe form of trafficking in
persons, and there is no credible
evidence that such child is at risk of
being trafficked upon return to the
child's country of nationality or of
last habitual residence;
(ii) such child does not have a fear
of returning to the child's country of
nationality or of last habitual
residence owing to a credible fear of
persecution; and
(iii) the child is able to make an
independent decision to withdraw the
child's application for admission to
the United States.
(B) Return.--An immigration officer who finds
an unaccompanied alien child described in
subparagraph (A) at a land border or port of
entry of the United States and determines that
such child is inadmissible under the
Immigration and Nationality Act (8 U.S.C. 1101
et seq.) may--
(i) permit such child to withdraw the
child's application for admission
pursuant to section 235(a)(4) of the
Immigration and Nationality Act (8
U.S.C. 1225(a)(4)); and
(ii) return such child to the child's
country of nationality or country of
last habitual residence.
(C) Contiguous country agreements.--The
Secretary of State shall negotiate agreements
between the United States and countries
contiguous to the United States with respect to
the repatriation of children. Such agreements
shall be designed to protect children from
severe forms of trafficking in persons, and
shall, at a minimum, provide that--
(i) no child shall be returned to the
child's country of nationality or of
last habitual residence unless returned
to appropriate employees or officials,
including child welfare officials where
available, of the accepting country's
government;
(ii) no child shall be returned to
the child's country of nationality or
of last habitual residence outside of
reasonable business hours; and
(iii) border personnel of the
countries that are parties to such
agreements are trained in the terms of
such agreements.
(3) Rule for other children.--The custody of
unaccompanied alien children not described in paragraph
(2)(A) who are apprehended at the border of the United
States or at a United States port of entry shall be
treated in accordance with subsection (b).
(4) Screening.--Within 48 hours of the apprehension
of a child who is believed to be described in paragraph
(2)(A), but in any event prior to returning such child
to the child's country of nationality or of last
habitual residence, the child shall be screened to
determine whether the child meets the criteria listed
in paragraph (2)(A). If the child does not meet such
criteria, or if no determination can be made within 48
hours of apprehension, the child shall immediately be
transferred to the Secretary of Health and Human
Services and treated in accordance with subsection (b).
Nothing in this paragraph may be construed to preclude
an earlier transfer of the child.
(5) Ensuring the safe repatriation of children.--
(A) Repatriation pilot program.--To protect
children from trafficking and exploitation, the
Secretary of State shall create a pilot
program, in conjunction with the Secretary of
Health and Human Services and the Secretary of
Homeland Security, nongovernmental
organizations, and other national and
international agencies and experts, to develop
and implement best practices to ensure the safe
and sustainable repatriation and reintegration
of unaccompanied alien children into their
country of nationality or of last habitual
residence, including placement with their
families, legal guardians, or other sponsoring
agencies.
(B) Assessment of country conditions.--The
Secretary of Homeland Security shall consult
the Department of State's Country Reports on
Human Rights Practices and the Trafficking in
Persons Report in assessing whether to
repatriate an unaccompanied alien child to a
particular country.
(C) Report on repatriation of unaccompanied
alien children.--Not later than 18 months after
the date of the enactment of this Act, and
annually thereafter, the Secretary of State and
the Secretary of Health and Human Services,
with assistance from the Secretary of Homeland
Security, shall submit a report to the
Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives on efforts to improve
repatriation programs for unaccompanied alien
children. Such report shall include--
(i) the number of unaccompanied alien
children ordered removed and the number
of such children actually removed from
the United States;
(ii) a statement of the
nationalities, ages, and gender of such
children;
(iii) a description of the policies
and procedures used to effect the
removal of such children from the
United States and the steps taken to
ensure that such children were safely
and humanely repatriated to their
country of nationality or of last
habitual residence, including a
description of the repatriation pilot
program created pursuant to
subparagraph (A);
(iv) a description of the type of
immigration relief sought and denied to
such children;
(v) any information gathered in
assessments of country and local
conditions pursuant to paragraph (2);
and
(vi) statistical information and
other data on unaccompanied alien
children as provided for in section
462(b)(1)(J) of the Homeland Security
Act of 2002 (6 U.S.C. 279(b)(1)(J)).
(D) Placement in removal proceedings.--Any
unaccompanied alien child sought to be removed
by the Department of Homeland Security, except
for an unaccompanied alien child from a
contiguous country subject to exceptions under
subsection (a)(2), shall be--
(i) placed in removal proceedings
under section 240 of the Immigration
and Nationality Act (8 U.S.C. 1229a);
(ii) eligible for relief under
section 240B of such Act (8 U.S.C.
1229c) at no cost to the child; and
(iii) provided access to counsel in
accordance with subsection (c)(5).
(b) Combating Child Trafficking and Exploitation in the
United States.--
(1) Care and custody of unaccompanied alien
children.--Consistent with section 462 of the Homeland
Security Act of 2002 (6 U.S.C. 279), and except as
otherwise provided under subsection (a), the care and
custody of all unaccompanied alien children, including
responsibility for their detention, where appropriate,
shall be the responsibility of the Secretary of Health
and Human Services.
(2) Notification.--Each department or agency of the
Federal Government shall notify the Department of
Health and Human services within 48 hours upon--
(A) the apprehension or discovery of an
unaccompanied alien child; or
(B) any claim or suspicion that an alien in
the custody of such department or agency is
under 18 years of age.
(3) Transfers of unaccompanied alien children.--
Except in the case of exceptional circumstances, any
department or agency of the Federal Government that has
an unaccompanied alien child in custody shall transfer
the custody of such child to the Secretary of Health
and Human Services not later than 72 hours after
determining that such child is an unaccompanied alien
child.
(4) Age determinations.--The Secretary of Health and
Human Services, in consultation with the Secretary of
Homeland Security, shall develop procedures to make a
prompt determination of the age of an alien, which
shall be used by the Secretary of Homeland Security and
the Secretary of Health and Human Services for children
in their respective custody. At a minimum, these
procedures shall take into account multiple forms of
evidence, including the non-exclusive use of
radiographs, to determine the age of the unaccompanied
alien.
(c) Providing Safe and Secure Placements for Children.--
(1) Policies and programs.--The Secretary of Health
and Human Services, Secretary of Homeland Security,
Attorney General, and Secretary of State shall
establish policies and programs to ensure that
unaccompanied alien children in the United States are
protected from traffickers and other persons seeking to
victimize or otherwise engage such children in
criminal, harmful, or exploitative activity, including
policies and programs reflecting best practices in
witness security programs.
(2) Safe and secure placements.--Subject to section
462(b)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(b)(2)), an unaccompanied alien child in the
custody of the Secretary of Health and Human Services
shall be promptly placed in the least restrictive
setting that is in the best interest of the child. In
making such placements, the Secretary may consider
danger to self, danger to the community, and risk of
flight. Placement of child trafficking victims may
include placement in an Unaccompanied Refugee Minor
program, pursuant to section 412(d) of the Immigration
and Nationality Act (8 U.S.C. 1522(d)), if a suitable
family member is not available to provide care. A child
shall not be placed in a secure facility absent a
determination that the child poses a danger to self or
others or has been charged with having committed a
criminal offense. The placement of a child in a secure
facility shall be reviewed, at a minimum, on a monthly
basis, in accordance with procedures prescribed by the
Secretary, to determine if such placement remains
warranted.
(3) Safety and suitability assessments.--
(A) In general.--Subject to the requirements
of subparagraph (B), an unaccompanied alien
child may not be placed with a person or entity
unless the Secretary of Health and Human
Services makes a determination that the
proposed custodian is capable of providing for
the child's physical and mental well-being.
Such determination shall, at a minimum, include
verification of the custodian's identity and
relationship to the child, if any, as well as
an independent finding that the individual has
not engaged in any activity that would indicate
a potential risk to the child.
(B) Home studies.--Before placing the child
with an individual, the Secretary of Health and
Human Services shall determine whether a home
study is first necessary. A home study shall be
conducted for a child who is a victim of a
severe form of trafficking in persons, a
special needs child with a disability (as
defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(2))),
a child who has been a victim of physical or
sexual abuse under circumstances that indicate
that the child's health or welfare has been
significantly harmed or threatened, or a child
whose proposed sponsor clearly presents a risk
of abuse, maltreatment, exploitation, or
trafficking to the child based on all available
objective evidence. The Secretary of Health and
Human Services shall conduct follow-up
services, during the pendency of removal
proceedings, on children for whom a home study
was conducted and is authorized to conduct
follow-up services in cases involving children
with mental health or other needs who could
benefit from ongoing assistance from a social
welfare agency.
(C) Access to information.--Not later than 2
weeks after receiving a request from the
Secretary of Health and Human Services, the
Secretary of Homeland Security shall provide
information necessary to conduct suitability
assessments from appropriate Federal, State,
and local law enforcement and immigration
databases.
(4) Legal orientation presentations.--The Secretary
of Health and Human Services shall cooperate with the
Executive Office for Immigration Review to ensure that
custodians receive legal orientation presentations
provided through the Legal Orientation Program
administered by the Executive Office for Immigration
Review. At a minimum, such presentations shall address
the custodian's responsibility to attempt to ensure the
child's appearance at all immigration proceedings and
to protect the child from mistreatment, exploitation,
and trafficking.
(5) Access to counsel.--The Secretary of Health and
Human Services shall ensure, to the greatest extent
practicable and consistent with section 292 of the
Immigration and Nationality Act (8 U.S.C. 1362), that
all unaccompanied alien children who are or have been
in the custody of the Secretary or the Secretary of
Homeland Security, and who are not described in
subsection (a)(2)(A), have counsel to represent them in
legal proceedings or matters and protect them from
mistreatment, exploitation, and trafficking. To the
greatest extent practicable, the Secretary of Health
and Human Services shall make every effort to utilize
the services of pro bono counsel who agree to provide
representation to such children without charge.
(6) Child advocates.--The Secretary of Health and
Human Services is authorized to appoint independent
child advocates for child trafficking victims and other
vulnerable unaccompanied alien children. A child
advocate shall be provided access to materials
necessary to effectively advocate for the best interest
of the child. The child advocate shall not be compelled
to testify or provide evidence in any proceeding
concerning any information or opinion received from the
child in the course of serving as a child advocate. The
child advocate shall be presumed to be acting in good
faith and be immune from civil and criminal liability
for lawful conduct of duties as described in this
provision.
(d) Permanent Protection for Certain At-Risk Children.--
(1) In general.--Section 101(a)(27)(J) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(J)) is amended--* * *
(2) Expeditious adjudication.--All applications for
special immigrant status under section 101(a)(27)(J) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(J)) shall be adjudicated by the Secretary
of Homeland Security not later than 180 days after the
date on which the application is filed.
(3) Adjustment of status.--Section 245(h)(2)(A) of
the Immigration and Nationality Act (8 U.S.C.
1255(h)(2)(A)) is amended * * *
(4) Eligibility for assistance.--
(A) In general.--A child who has been granted
special immigrant status under section
101(a)(27)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(J)) and
who was either in the custody of the Secretary
of Health and Human Services at the time a
dependency order was granted for such child or
who was receiving services pursuant to section
501(a) of the Refugee Education Assistance Act
of 1980 (8 U.S.C. 1522 note) at the time such
dependency order was granted, shall be eligible
for placement and services under section 412(d)
of the Immigration and Nationality Act (8
U.S.C. 1522(d)) until the earlier of--
(i) the date on which the child
reaches the age designated in section
412(d)(2)(B) of the Immigration and
Nationality Act (8 U.S.C.
1522(d)(2)(B)); or
(ii) the date on which the child is
placed in a permanent adoptive home.
(B) State reimbursement.--Subject to the
availability of appropriations, if State foster
care funds are expended on behalf of a child
who is not described in subparagraph (A) and
has been granted special immigrant status under
section 101(a)(27)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(J)), the
Federal Government shall reimburse the State in
which the child resides for such expenditures
by the State.
(5) State courts acting in loco parentis.--A
department or agency of a State, or an individual or
entity appointed by a State court or juvenile court
located in the United States, acting in loco parentis,
shall not be considered a legal guardian for purposes
of this section or section 462 of the Homeland Security
Act of 2002 (6 U.S.C. 279).
(6) Transition rule.--Notwithstanding any other
provision of law, an alien described in section
101(a)(27)(J) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(J)), as amended by paragraph (1),
may not be denied special immigrant status under such
section after the date of the enactment of this Act
based on age if the alien was a child on the date on
which the alien applied for such status.
(7) Access to asylum protections.--Section 208 of the
Immigration and Nationality Act (8 U.S.C. 1158) is
amended--* * *
(8) Specialized needs of unaccompanied alien
children.--Applications for asylum and other forms of
relief from removal in which an unaccompanied alien
child is the principal applicant shall be governed by
regulations which take into account the specialized
needs of unaccompanied alien children and which address
both procedural and substantive aspects of handling
unaccompanied alien children's cases.
(e) Training.--The Secretary of State, the Secretary of
Homeland Security, the Secretary of Health and Human Services,
and the Attorney General shall provide specialized training to
all Federal personnel, and upon request, state and local
personnel, who have substantive contact with unaccompanied
alien children. Such personnel shall be trained to work with
unaccompanied alien children, including identifying children
who are victims of severe forms of trafficking in persons, and
children for whom asylum or special immigrant relief may be
appropriate, including children described in subsection (a)(2).
(f) Amendments to the Homeland Security Act of 2002.--* * *
(g) Definition of Unaccompanied Alien Child.--For purposes
of this section, the term ``unaccompanied alien child'' has the
meaning given such term in section 462(g) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g)).
(h) Effective Date.--This section--
(1) shall take effect on the date that is 90 days
after the date of the enactment of this Act; and
(2) shall also apply to all aliens in the United
States in pending proceedings before the Department of
Homeland Security or the Executive Office for
Immigration Review, or related administrative or
Federal appeals, on the date of the enactment of this
Act.
(i) Grants and Contracts.--The Secretary of Health and
Human Services may award grants to, and enter into contracts
with, voluntary agencies to carry out this section and section
462 of the Homeland Security Act of 2002 (6 U.S.C. 279).
SEC. 236.\7\ RESTRICTION OF PASSPORTS FOR SEX TOURISM.
(a) In General.--Following any conviction of an individual
for a violation of section 2423 of title 18, United States
Code, the Attorney General shall notify in a timely manner--
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\7\ 22 U.S.C. 212a.
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(1) the Secretary of State for appropriate action
under subsection (b); and
(2) the Secretary of Homeland Security for
appropriate action under the Immigration and
Nationality Act.
(b) Authority to Restrict Passport.--
(1) Ineligibility for passport.--
(A) In general.--The Secretary of State shall
not issue a passport or passport card to an
individual who is convicted of a violation of
section 2423 of title 18, United States Code,
during the covered period if the individual
used a passport or passport card or otherwise
crossed an international border in committing
the offense.
(B) Passport revocation.--The Secretary of
State shall revoke a passport or passport card
previously issued to an individual described in
subparagraph (A).
(2) Exceptions.--
(A) Emergency and humanitarian situations.--
Notwithstanding paragraph (1), the Secretary of
State may issue a passport or passport card, in
emergency circumstances or for humanitarian
reasons, to an individual described in
paragraph (1)(A).
(B) Limitation for return to united states.--
Notwithstanding paragraph (1), the Secretary of
State may, prior to revocation, limit a
previously issued passport or passport card
only for return travel to the United States, or
may issue a limited passport or passport card
that only permits return travel to the United
States.
(3) Definitions.--In this subsection--
(A) the term ``covered period'' means the
period beginning on the date on which an
individual is convicted of a violation of
section 2423 of title 18, United States Code,
and ending on the later of--
(i) the date on which the individual
is released from a sentence of
imprisonment relating to the offense;
and
(ii) the end of a period of parole or
other supervised release of the covered
individual relating to the offense; and
(B) the term ``imprisonment'' means being
confined in or otherwise restricted to a jail,
prison, half-way house, treatment facility, or
another institution, on a full or part-time
basis, pursuant to the sentence imposed as the
result of a criminal conviction.
SEC. 237. ADDITIONAL REPORTING ON CRIME.
(a) \8\ Trafficking Offense Classification.--The Director
of the Federal Bureau of Investigation shall--
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\8\ 28 U.S.C. 534 note.
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(1) classify the offense of human trafficking as a
Part I crime in the Uniform Crime Reports;
(2) to the extent feasible, establish subcategories
for State sex crimes that involve--
(A) a person who is younger than 18 years of
age;
(B) the use of force, fraud or coercion; or
(C) neither of the elements described in
subparagraphs (A) and (B); and
(3) classify the offense of human trafficking as a
Group A offense for purpose of the National Incident-
Based Reporting System.
(b) \8\ Additional Information.--The Director of the
Federal Bureau of Investigation shall revise the Uniform Crime
Reporting System and the National Incident-Based Reporting
System to distinguish between reports of--
(1) incidents of assisting or promoting prostitution,
which shall include crimes committed by persons who--
(A) do not directly engage in commercial sex
acts; and
(B) direct, manage, or profit from such acts,
such as State pimping and pandering crimes;
(2) incidents of purchasing prostitution, which shall
include crimes committed by persons who purchase or
attempt to purchase or trade anything of value for
commercial sex acts; and
(3) incidents of prostitution, which shall include
crimes committed by persons providing or attempting to
provide commercial sex acts.
(c) Reports and Studies.--
(1) Reports.--Not later than February 1, 2010, the
Attorney General shall submit to the Committee on
Foreign Affairs and the Committee on the Judiciary of
the House of Representatives and the Committee on
Foreign Relations and the Committee on the Judiciary of
the Senate reports on the following:
(A) Activities or actions, in fiscal years
2001 through 2009, by Federal departments and
agencies to enforce the offenses set forth in
chapter 117 of title 18, United States Code,
including information regarding the number of
prosecutions, the number of convictions, an
identification of multiple-defendant cases and
the results thereof, and, for fiscal years 2008
and 2009, the number of prosecutions, the
number of convictions, and an identification of
multiple-defendant case and the results
thereof, the use of expanded statutes of
limitation and other tools to prosecute crimes
against children who reached the age of
eighteen years since the time the crime was
committed.
(B) The interaction, in Federal human
trafficking prosecutions in fiscal years 2001
through 2010, of Federal restitution provisions
with those provisions of law allowing
restoration and remission of criminally and
civilly forfeited property, including the
distribution of proceeds among multiple
victims.
(C) Activities or actions, in fiscal years
2001 through 2010, to enforce the offenses set
forth in chapters 95 and 96 of title 18, United
States Code, in cases involving human
trafficking, sex trafficking, or prostitution
offenses.
(D) Activities or actions, in fiscal years
2008 and 2009, by Federal departments and
agencies to enforce the offenses set forth in
the Act of August 15, 1935 (49 Stat. 651; D.C.
Code 22-2701 et seq.) (relating to prostitution
and pandering), including information regarding
the number of prosecutions, the number of
convictions, and an identification of multiple-
defendant cases and the results thereof.
(2) Studies.--Subject to availability of
appropriations, the head of the National Institute of
Justice shall conduct--
(A) a comprehensive study to examine the use
of Internet-based businesses and services by
criminal actors in the sex industry, and to
disseminate best practices for investigation
and prosecution of trafficking and prostitution
offenses involving the Internet; and
(B) a comprehensive study to examine the
application of State human trafficking
statutes, including such statutes based on the
model law developed by the Department of
Justice, cases prosecuted thereunder, and the
impact, if any, on enforcement of other State
criminal statutes.
(3) Studies previously required by law.--Not later
than 90 days after the date of the enactment of this
Act, the Attorney General shall report to the Committee
on Foreign Affairs and the Committee on the Judiciary
of the House of Representatives and the Committee on
Foreign Relations and the Committee on the Judiciary of
the Senate on the status of the studies required by
paragraph (B)(i) and (ii) of section 201(a)(1) of the
Trafficking Victims Protection Reauthorization Act of
2005 (42 U.S.C. 14044(a)(1)) and indicate the projected
date when such studies will be completed.
SEC. 238. PROCESSING OF CERTAIN VISAS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
submit to the Committee on Foreign Affairs and the Committee on
the Judiciary of the House of Representatives and the Committee
on Foreign Relations and the Committee on the Judiciary of the
Senate a report on the operations of the specially-trained
Violence Against Women Act Unit at the Citizenship and
Immigration Service's Vermont Service Center.
(b) Elements.--The report required by subsection (a) shall
include the following elements:
(1) Detailed information about the funds expended to
support the work of the Violence Against Women Act Unit
at the Vermont Service Center.
(2) A description of training for adjudicators,
victim witness liaison officers, managers, and others
working in the Violence Against Women Act Unit,
including general training and training on
confidentiality issues.
(3) Measures taken to ensure the retention of
specially-trained staff within the Violence Against
Women Act Unit.
(4) Measures taken to ensure the creation and
retention of a core of supervisory staff within the
Violence Against Women Act Unit and the Vermont Service
Center with responsibility over resource allocation,
policy, program development, training and other
substantive or operational issues affecting the Unit,
who have historical knowledge and experience with the
Trafficking Victims Protection Act of 2000, the
Violence Against Women Act of 1994, Violence Against
Women Act of 1994 confidentiality, and the specialized
policies and procedures of the Department of Homeland
Security and its predecessor agencies in such cases.
(5) Measures taken to ensure routine consultation
between the Violence Against Women Act Unit, U.S.
Citizenship and Immigration Services Headquarters, and
the Office of Policy and Strategy during the
development of any Department of Homeland Security
regulations or policies that impact Violence Against
Women Act of 1994 confidentiality-protected victims and
their derivative family members.
(6) Information on any circumstances in which victim-
based immigration applications have been adjudicated by
entities other than the Violence Against Women Act Unit
at the Vermont Service Center, including reasons for
such action and what steps, if any, were taken to
ensure that such applications were handled by trained
personnel and what steps were taken to comply with the
confidentiality provisions of the Violence Against
Women Act of 1994.
(7) Information on the time in which it takes to
adjudicate victim-based immigration applications,
including the issuance of visas, work authorization and
deferred action in a timely manner consistent with the
safe and competent processing of such applications, and
steps taken to improve in this area.
SEC. 239.\9\ TEMPORARY INCREASE IN FEE FOR CERTAIN CONSULAR SERVICES.
(a) Increase in Fee.--Notwithstanding any other provision
of law, not later than October 1, 2009, the Secretary of State
shall increase by $1 the fee or surcharge assessed under
section 140(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 8 U.S.C. 1351
note) for processing machine-readable nonimmigrant visas and
machine-readable combined border crossing identification cards
and nonimmigrant visas.
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\9\ 8 U.S.C. 1351 note.
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(b) Deposit of Amounts.--Notwithstanding section 140(a)(2)
of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995 (Public Law 103-236; 8 U.S.C. 1351 note), the
additional amount collected pursuant the fee increase under
subsection (a) shall be deposited in the Treasury.
(c) Duration of Increase.--The fee increase authorized
under subsection (a) shall terminate on the date that is 3
years after the first date on which such increased fee is
collected.
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
* * * * * * *
SEC. 303.\10\ RULE OF CONSTRUCTION.
The amendments made by sections 301 and 302 may not be
construed to affect the availability of funds appropriated
pursuant to the authorizations of appropriations under the
Trafficking Victims Protection Act of 2000 (division A of
Public Law 106-386; 22 U.S.C. 7101 et seq.) and the Trafficking
Victims Protection Reauthorization Act of 2005 (Public Law 109-
164) before the date of the enactment of this Act.
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\10\ 22 U.S.C. 7110 note.
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* * * * * * *
TITLE IV--CHILD SOLDIERS PREVENTION \11\
* * * * * * *
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\11\ 22 U.S.C. 2151 note. For text of the Child Soldiers Prevention
Act of 2008, see page 553.
(3) Trafficking Victims Protection Reauthorization Act of 2005
Partial text of Public Law 109-164 [H.R. 972], 119 Stat. 3558, approved
January 10, 2006; as amended by Public Law 110-457 [William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008; H.R. 7311],
122 Stat. 5044, approved December 23, 2008
AN ACT To authorize appropriations for fiscal years 2006 and 2007 for
the Trafficking Victims Protection Act of 2000, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Trafficking Victims Protection Reauthorization Act of 2005''.
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\1\ 22 U.S.C. 7101 note.
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(b) Table of Contents.--The table of contents for this Act
is as follows:
Page
Sec. 1. Short title; table of contents............................ 888
Sec. 2. Findings.................................................. 888
TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS
Sec. 101. Prevention of trafficking in conjunction with post-
conflict and humanitarian emergency assistance................ 890
Sec. 102. Protection of victims of trafficking in persons......... 890
Sec. 103. Enhancing prosecutions of trafficking in persons
offenses...................................................... 892
Sec. 104. Enhancing United States efforts to combat trafficking in
persons....................................................... 894
Sec. 105. Additional activities to monitor and combat forced labor
and child labor............................................... 895
TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS
Sec. 201. Prevention of domestic trafficking in persons........... 896
Sec. 202. Establishment of grant program to develop, expand, and
strengthen assistance programs for certain persons subject to
trafficking
Sec. 203. Protection of juvenile victims of trafficking in persons
Sec. 204. Enhancing State and local efforts to combat trafficking
in persons
Sec. 205. Report to Congress...................................... 896
Sec. 206. Senior Policy Operating Group........................... 896
Sec. 207. Definitions
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
Sec. 301. Authorizations of appropriations........................ 897
SEC. 2.\1\ FINDINGS.
Congress finds the following:
(1) The United States has demonstrated international
leadership in combating human trafficking and slavery
through the enactment of the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-
386; 22 U.S.C. 7101 et seq.) and the Trafficking
Victims Protection Reauthorization Act of 2003 (Public
Law 108-193).
(2) The United States Government currently estimates
that 600,000 to 800,000 individuals are trafficked
across international borders each year and exploited
through forced labor and commercial sex exploitation.
An estimated 80 percent of such individuals are women
and girls.
(3) Since the enactment of the Trafficking Victims
Protection Act of 2000, United States efforts to combat
trafficking in persons have focused primarily on the
international trafficking in persons, including the
trafficking of foreign citizens into the United States.
(4) Trafficking in persons also occurs within the
borders of a country, including the United States.
(5) No known studies exist that quantify the problem
of trafficking in children for the purpose of
commercial sexual exploitation in the United States.
According to a report issued by researchers at the
University of Pennsylvania in 2001, as many as 300,000
children in the United States are at risk for
commercial sexual exploitation, including trafficking,
at any given time.
(6) Runaway and homeless children in the United
States are highly susceptible to being domestically
trafficked for commercial sexual exploitation.
According to the National Runaway Switchboard, every
day in the United States, between 1,300,000 and
2,800,000 runaway and homeless youth live on the
streets. One out of every seven children will run away
from home before the age of 18.
(7) Following armed conflicts and during humanitarian
emergencies, indigenous populations face increased
security challenges and vulnerabilities which result in
myriad forms of violence, including trafficking for
sexual and labor exploitation. Foreign policy and
foreign aid professionals increasingly recognize the
increased activity of human traffickers in post-
conflict settings and during humanitarian emergencies.
(8) There is a need to protect populations in post-
conflict settings and humanitarian emergencies from
being trafficked for sexual or labor exploitation. The
efforts of aid agencies to address the protection needs
of, among others, internally displaced persons and
refugees are useful in this regard. Nonetheless, there
is a need for further integrated programs and
strategies at the United States Agency for
International Development, the Department of State, and
the Department of Defense to combat human trafficking,
including through protection and prevention
methodologies, in post-conflict environments and during
humanitarian emergencies.
(9) International and human rights organizations have
documented a correlation between international
deployments of military and civilian peacekeepers and
aid workers and a resulting increase in the number of
women and girls trafficked into prostitution in post-
conflict regions.
(10) The involvement of employees and contractors of
the United States Government and members of the Armed
Forces in trafficking in persons, facilitating the
trafficking in persons, or exploiting the victims of
trafficking in persons is inconsistent with United
States laws and policies and undermines the credibility
and mission of United States Government programs in
post-conflict regions.
(11) Further measures are needed to ensure that
United States Government personnel and contractors are
held accountable for involvement with acts of
trafficking in persons, including by expanding United
States criminal jurisdiction to all United States
Government contractors abroad.
TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS
SEC. 101. PREVENTION OF TRAFFICKING IN CONJUNCTION WITH POST-CONFLICT
AND HUMANITARIAN EMERGENCY ASSISTANCE.
(a) Amendment.--Section 106 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7104) is amended * * *
(b) Study and Report.--
(1) Study.--
(A) In general.--The Secretary of State and
the Administrator of the United States Agency
for International Development, in consultation
with the Secretary of Defense, shall conduct a
study regarding the threat and practice of
trafficking in persons generated by post-
conflict and humanitarian emergencies in
foreign countries.
(B) Factors.--In carrying out the study, the
Secretary of State and the Administrator of the
United States Agency for International
Development shall examine--
(i) the vulnerabilities to human
trafficking of commonly affected
populations, particularly women and
children, generated by post-conflict
and humanitarian emergencies;
(ii) the various forms of trafficking
in persons, both internal and trans-
border, including both sexual and labor
exploitation;
(iii) a collection of best practices
implemented to date to combat human
trafficking in such areas; and
(iv) proposed recommendations to
better combat trafficking in persons in
conjunction with post-conflict
reconstruction and humanitarian
emergencies assistance.
(2) Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State
and the Administrator of the United States Agency for
International Development, with the concurrence of the
Secretary of Defense, shall transmit to the Committee
on International Relations and the Committee on Armed
Services of the House of Representatives and the
Committee on Foreign Relations and the Committee on
Armed Services of the Senate a report that contains the
results of the study conducted pursuant to paragraph
(1).
SEC. 102. PROTECTION OF VICTIMS OF TRAFFICKING IN PERSONS.
(a) Access to Information.--Section 107(c)(2) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7105(c)(2)) is amended * * *
(b) \2\ Establishment of Pilot Program for Residential
Rehabilitative Facilities for Victims of Trafficking.--
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\2\ 22 U.S.C. 7105 note.
---------------------------------------------------------------------------
(1) Study.--
(A) In general.--Not later than 180 days
after the date of the enactment of this Act,
the Administrator of the United States Agency
for International Development shall carry out a
study to identify best practices for the
rehabilitation of victims of trafficking in
group residential facilities in foreign
countries.
(B) Factors.--In carrying out the study under
subparagraph (A), the Administrator shall--
(i) investigate factors relating to
the rehabilitation of victims of
trafficking in group residential
facilities, such as the appropriate
size of such facilities, services to be
provided, length of stay, and cost; and
(ii) give consideration to ensure the
safety and security of victims of
trafficking, provide alternative
sources of income for such victims,
assess and provide for the educational
needs of such victims, including
literacy, and assess the psychological
needs of such victims and provide
professional counseling, as
appropriate.
(2) Pilot program.--Upon completion of the study
carried out pursuant to paragraph (1), the
Administrator of the United States Agency for
International Development shall establish and carry out
a pilot program to establish residential treatment
facilities in foreign countries for victims of
trafficking based upon the best practices identified in
the study.
(3) Purposes.--The purposes of the pilot program
established pursuant to paragraph (2) are to--
(A) provide benefits and services to victims
of trafficking, including shelter,
psychological counseling, and assistance in
developing independent living skills;
(B) assess the benefits of providing
residential treatment facilities for victims of
trafficking, as well as the most efficient and
cost-effective means of providing such
facilities; and
(C) assess the need for and feasibility of
establishing additional residential treatment
facilities for victims of trafficking.
(4) Selection of sites.--The Administrator of the
United States Agency for International Development
shall select 2 sites at which to operate the pilot
program established pursuant to paragraph (2).
(5) Form of assistance.--In order to carry out the
responsibilities of this subsection, the Administrator
of the United States Agency for International
Development shall enter into contracts with, or make
grants to, organizations with relevant expertise in the
delivery of services to victims of trafficking.
(6) Report.--Not later than one year after the date
on which the first pilot program is established
pursuant to paragraph (2), the Administrator of the
United States Agency for International Development
shall submit to the Committee on Foreign Affairs \3\ of
the House of Representatives and the Committee on
Foreign Relations of the Senate a report on the
implementation of this subsection.
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\3\ Sec. 304(b) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5087) struck out ``Committee on International Relations'' and inserted
in lieu thereof ``Committee on Foreign Affairs''.
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(7) Authorization of appropriations.--There are
authorized to be appropriated to the Administrator of
the United States Agency for International Development
to carry out this subsection $2,500,000 for each of the
fiscal years 2008 through 2011.\4\
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\4\ Sec. 302(1) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5087) struck out ``2006 and 2007'' and inserted in lieu thereof ``2008
through 2011''.
Sec. 303 of that Act, furthermore, provided the following:
---------------------------------------------------------------------------
``sec. 303. rule of construction.
---------------------------------------------------------------------------
``The amendments made by sections 301 and 302 may not be construed
to affect the availability of funds appropriated pursuant to the
authorizations of appropriations under the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-386; 22 U.S.C.
7101 et seq.) and the Trafficking Victims Protection Reauthorization
Act of 2005 (Public Law 109-164) before the date of the enactment of
this Act.''.
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SEC. 103. ENHANCING PROSECUTIONS OF TRAFFICKING IN PERSONS OFFENSES.
(a) Extraterritorial Jurisdiction Over Certain Trafficking
in Persons Offenses.--
(1) In general.--Part II of title 18, United States
Code, is amended by inserting after chapter 212 the
following new chapter:
``CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER CERTAIN TRAFFICKING
IN PERSONS OFFENSES
``Sec.
``3271. Trafficking in persons offenses committed by persons employed by
or accompanying the Federal Government outside the United
States.
``3272. Definitions.
``Sec. 3271. Trafficking in persons offenses committed by persons
employed by or accompanying the Federal Government
outside the United States
``(a) Whoever, while employed by or accompanying the
Federal Government outside the United States, engages in
conduct outside the United States that would constitute an
offense under chapter 77 or 117 of this title if the conduct
had been engaged in within the United States or within the
special maritime and territorial jurisdiction of the United
States shall be punished as provided for that offense.
``(b) No prosecution may be commenced against a person
under this section if a foreign government, in accordance with
jurisdiction recognized by the United States, has prosecuted or
is prosecuting such person for the conduct constituting such
offense, except upon the approval of the Attorney General or
the Deputy Attorney General (or a person acting in either such
capacity), which function of approval may not be delegated.
``Sec. 3272. Definitions
``As used in this chapter:
``(1) The term `employed by the Federal Government
outside the United States' means--
``(A) employed as a civilian employee of the
Federal Government, as a Federal contractor
(including a subcontractor at any tier), or as
an employee of a Federal contractor (including
a subcontractor at any tier);
``(B) present or residing outside the United
States in connection with such employment; and
``(C) not a national of or ordinarily
resident in the host nation.
``(2) The term `accompanying the Federal Government
outside the United States' means--
``(A) a dependant \5\ of--
---------------------------------------------------------------------------
\5\ As enrolled.
---------------------------------------------------------------------------
``(i) a civilian employee of the
Federal Government; or
``(ii) a Federal contractor
(including a subcontractor at any tier)
or an employee of a Federal contractor
(including a subcontractor at any
tier);
``(B) residing with such civilian employee,
contractor, or contractor employee outside the
United States; and
``(C) not a national of or ordinarily
resident in the host nation.''.
(2) Clerical amendment.--The table of chapters at the
beginning of such part is amended by inserting after
the item relating to chapter 212 the following new
item:
* * * * * * *
(b) Laundering of Monetary Instruments.--Section
1956(c)(7)(B) of title 18, United States Code, is amended--
(1) in clause (v), by striking ``or'' at the end;
(2) in clause (vi), by adding ``or'' at the end; and
(3) by adding at the end the following new clause:
``(vii) trafficking in persons,
selling or buying of children, sexual
exploitation of children, or
transporting, recruiting or harboring a
person, including a child, for
commercial sex acts;''.
(c) Definition of Racketeering Activity.--Section
1961(1)(B) of title 18, United States Code, is amended by
striking ``1581-1591'' and inserting ``1581-1592''.
(d) Civil and Criminal Forfeitures.--
(1) In general.--Chapter 117 of title 18, United
States Code, is amended by adding at the end the
following new section:
``Sec. 2428. Forfeitures
``(a) In General.--The court, in imposing sentence on any
person convicted of a violation of this chapter, shall order,
in addition to any other sentence imposed and irrespective of
any provision of State law, that such person shall forfeit to
the United States--
``(1) such person's interest in any property, real or
personal, that was used or intended to be used to
commit or to facilitate the commission of such
violation; and
``(2) any property, real or personal, constituting or
derived from any proceeds that such person obtained,
directly or indirectly, as a result of such violation.
``(b) Property Subject to Forfeiture.--
``(1) In general.--The following shall be subject to
forfeiture to the United States and no property right
shall exist in them:
``(A) Any property, real or personal, used or
intended to be used to commit or to facilitate
the commission of any violation of this
chapter.
``(B) Any property, real or personal, that
constitutes or is derived from proceeds
traceable to any violation of this chapter.
``(2) Applicability of chapter 46.--The provisions of
chapter 46 of this title relating to civil forfeitures
shall apply to any seizure or civil forfeiture under
this subsection.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the
end the following new item:
``2428. Forfeitures.''.
SEC. 104. ENHANCING UNITED STATES EFFORTS TO COMBAT TRAFFICKING IN
PERSONS.
(a) Appointment to Interagency Task Force to Monitor and
Combat Trafficking.--Section 105(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103(b)) is amended--* * *
(b) Minimum Standards for the Elimination of Trafficking.--
(1) Amendments.--Section 108(b) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7106(b)) is
amended--* * *
(2) \6\ Effective date.--The amendments made by
subparagraphs (A) and (B) of paragraph (1) take effect
beginning two years after the date of the enactment of
this Act.
---------------------------------------------------------------------------
\6\ 22 U.S.C. 7106 note.
---------------------------------------------------------------------------
(c) Research.--
(1) Amendments.--Section 112A of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7109a) is
amended--* * *
(2) Report.--
(A) In general.--Not later than one year
after the date of the enactment of this Act,
the Human Smuggling and Trafficking Center
(established pursuant to section 7202 of the
Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458)) shall submit
to the appropriate congressional committees a
report on the results of the research
initiatives carried out pursuant to section
112A(4) of the Trafficking Victims Protection
Act of 2000 (as added by paragraph (1)(C) of
this subsection).
(B) Definition.--In this paragraph, the term
``appropriate congressional committees''
means--
(i) the Committee on Foreign Affairs
\3\ and the Committee on the Judiciary
of the House of Representatives; and
(ii) the Committee on Foreign
Relations and the Committee on the
Judiciary of the Senate.
(d) Foreign Service Officer Training.--Section 708(a) of
the Foreign Service Act of 1980 (22 U.S.C. 4028(a)) is
amended--* * *
(e) Prevention of Trafficking by Peacekeepers.--
(1) Inclusion in trafficking in persons report.--
Section 110(b)(1) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7107(b)(1)) is amended--* * *
(2) \7\ Report by secretary of state.--At least 15
days prior to voting for a new or reauthorized
peacekeeping mission under the auspices of the United
Nations, the North Atlantic Treaty Organization, or any
other multilateral organization in which the United
States participates (or in an emergency, as far in
advance as is practicable), the Secretary of State
shall submit to the Committee on Foreign Affairs \3\ of
the House of Representatives, the Committee on Foreign
Relations of the Senate, and any other appropriate
congressional committee a report that contains--
---------------------------------------------------------------------------
\7\ 22 U.S.C. 7111.
---------------------------------------------------------------------------
(A) a description of measures taken by the
organization to prevent the organization's
employees, contractor personnel, and
peacekeeping forces serving in the peacekeeping
mission from trafficking in persons, exploiting
victims of trafficking, or committing acts of
sexual exploitation or abuse, and the measures
in place to hold accountable any such
individuals who engage in any such acts while
participating in the peacekeeping mission; and
(B) an analysis of the effectiveness of each
of the measures referred to in subparagraph
(A).
SEC. 105. \8\ ADDITIONAL ACTIVITIES TO MONITOR AND COMBAT FORCED LABOR
AND CHILD LABOR.
(a) Activities of the Department of State.--
---------------------------------------------------------------------------
\8\ 22 U.S.C. 7112.
---------------------------------------------------------------------------
(1) Finding.--Congress finds that in the report
submitted to Congress by the Secretary of State in June
2005 pursuant to section 110(b) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7107(b)), the
list of countries whose governments do not comply with
the minimum standards for the elimination of
trafficking and are not making significant efforts to
bring themselves into compliance was composed of a
large number of countries in which the trafficking
involved forced labor, including the trafficking of
women into domestic servitude.
(2) Sense of congress.--It is the sense of Congress
that the Director of the Office to Monitor and Combat
Trafficking of the Department of State should intensify
the focus of the Office on forced labor in the
countries described in paragraph (1) and other
countries in which forced labor continues to be a
serious human rights concern.
(b) Activities of the Department of Labor.--
(1) In general.--The Secretary of Labor, acting
through the head of the Bureau of International Labor
Affairs of the Department of Labor, shall carry out
additional activities to monitor and combat forced
labor and child labor in foreign countries as described
in paragraph (2).
(2) Additional activities described.--The additional
activities referred to in paragraph (1) are--
(A) to monitor the use of forced labor and
child labor in violation of international
standards;
(B) to provide information regarding
trafficking in persons for the purpose of
forced labor to the Office to Monitor and
Combat Trafficking of the Department of State
for inclusion in trafficking in persons report
required by section 110(b) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C.
7107(b));
(C) to develop and make available to the
public a list of goods from countries that the
Bureau of International Labor Affairs has
reason to believe are produced by forced labor
or child labor in violation of international
standards;
(D) to work with persons who are involved in
the production of goods on the list described
in subparagraph (C) to create a standard set of
practices that will reduce the likelihood that
such persons will produce goods using the labor
described in such subparagraph; and
(E) to consult with other departments and
agencies of the United States Government to
reduce forced and child labor internationally
and ensure that products made by forced labor
and child labor in violation of international
standards are not imported into the United
States.
TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS
SEC. 201. PREVENTION OF DOMESTIC TRAFFICKING IN PERSONS.
(a) * * *
(b) Termination of Certain Grants, Contracts, and
Cooperative Agreements.--Section 106(g) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7104) is amended--* *
*
(c) * * *
* * * * * * *
SEC. 205. REPORT TO CONGRESS.
Section 105(d)(7) of the Trafficking Victims Protection Act
of 2000 (22 U.S.C. 7103(d)(7)) is amended--* * *
SEC. 206.\9\ SENIOR POLICY OPERATING GROUP.
Each Federal department or agency involved in grant
activities related to combatting trafficking or providing
services to persons subjected to trafficking inside the United
States shall \10\ apprise the Senior Policy Operating Group
established by section 105(f) of the Victims of Trafficking and
Violence Protection Act of 2000 (22 U.S.C. 7103(f)), under the
procedures established by the Senior Policy Operating Group, of
such activities of the department or agency to ensure that the
activities are consistent with the purposes of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).
---------------------------------------------------------------------------
\9\ 42 U.S.C. 14044d.
\10\ Sec. 233 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5074) struck out ``, as the department or agency determines
appropriate,'' at this point.
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* * * * * * *
TITLE III--AUTHORIZATIONS OF APPROPRIATIONS
SEC. 301. AUTHORIZATIONS OF APPROPRIATIONS.
Section 113 of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7110) is amended--* * *
(4) Trafficking Victims Protection Reauthorization Act of 2003
Partial text of Public Law 108-193 [H.R. 2620], 117 Stat. 2875,
approved December 19, 2003
Note.--Except for the provisions noted below, the
Trafficking Victims Protection Reauthorization Act of
2003 consists of amendments to the Trafficking Victims
Protection Act of 2000 (Public Law 106-386),
Immigration and Nationality Act (Public Law 82-414),
Department of State and Related Agency Appropriations
Act, 2003 (Public Law 108-7), Foreign Assistance Act of
1961 (Public Law 87-195), and 18 U.S.C.
AN ACT To authorize appropriations for fiscal years 2004 and 2005 for
the Trafficking Victims Protection Act of 2000, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 7101 note.
---------------------------------------------------------------------------
This Act may be cited as the ``Trafficking Victims
Protection Reauthorization Act of 2003''.
SEC. 2.\1\ FINDINGS.
Congress finds the following:
(1) Trafficking in persons continues to victimize
countless men, women, and children in the United States
and abroad.
(2) Since the enactment of the Trafficking Victims
Protection Act of 2000 (division A of Public Law 106-
386), the United States Government has made significant
progress in investigating and prosecuting acts of
trafficking and in responding to the needs of victims
of trafficking in the United States and abroad.
(3) On the other hand, victims of trafficking have
faced unintended obstacles in the process of securing
needed assistance, including admission to the United
States under section 101(a)(15)(T)(i) of the
Immigration and Nationality Act.
(4) Additional research is needed to fully understand
the phenomenon of trafficking in persons and to
determine the most effective strategies for combating
trafficking in persons.
(5) Corruption among foreign law enforcement
authorities continues to undermine the efforts by
governments to investigate, prosecute, and convict
traffickers.
(6) International Law Enforcement Academies should be
more fully utilized in the effort to train law
enforcement authorities, prosecutors, and members of
the judiciary to address trafficking in persons-related
crimes.
* * * * * * *
(5) 18 United States Code--Trafficking in Persons
CHAPTER 77--PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS \1\
Sec. 1581. Peonage; obstructing enforcement
(a) Whoever holds or returns any person to a condition of
peonage, or arrests any person with the intent of placing him
in or returning him to a condition of peonage, shall be fined
under this title or imprisoned not more than 20 years,\2\ or
both. If death results from the violation of this section, or
if the violation includes kidnapping or an attempt to kidnap,
aggravated sexual abuse or the attempt to commit aggravated
sexual abuse, or an attempt to kill, the defendant shall be
fined under this title \3\ or imprisoned for any term of years
or life, or both.\2\
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\1\ Amendments to this chapter from 1994 forward are annotated in
footnotes. The chapter, overall, is based on the Act of March 4, 1909
(35 Stat. 1142) and a restatement of such in the Act of June 25, 1948
(62 Stat. 772).
\2\ Sec. 112(a)(1) of Public Law 106-386 (114 Stat. 1486) struck
out ``10 years'' and inserted in lieu thereof ``20 years'', and added
the second sentence to the subsection. Previously, sec. 218(a) of
Public Law 104-208 (110 Stat. 3009-573) struck out ``5 years'' and
inserted in lieu thereof ``10 years''.
\3\ Sec. 330016(1)(K) of Public Law 103-322 (108 Stat. 2147) struck
out ``not more than $5,000'' and inserted in lieu thereof ``under this
title''.
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(b) Whoever obstructs, or attempts to obstruct, or in any
way interferes with or prevents the enforcement of this
section, shall be liable to the penalties prescribed in
subsection (a).
Sec. 1582. Vessels for slave trade
Whoever, whether as master, factor, or owner, builds, fits
out, equips, loads, or otherwise prepares or sends away any
vessel, in any port or place within the United States, or
causes such vessel to sail from any such port or place, for the
purpose of procuring any person from any foreign kingdom or
country to be transported and held, sold, or otherwise disposed
of as a slave, or held to service or labor, shall be fined
under this title \3\ or imprisoned not more than seven years,
or both.
Sec. 1583.\4\ Enticement into slavery
---------------------------------------------------------------------------
\4\ Amended and restated by sec. 222(b)(1) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
(Public Law 110-457; 122 Stat. 5067).
---------------------------------------------------------------------------
(a) Whoever--
(1) kidnaps or carries away any other person, with
the intent that such other person be sold into
involuntary servitude, or held as a slave;
(2) entices, persuades, or induces any other person
to go on board any vessel or to any other place with
the intent that he or she may be made or held as a
slave, or sent out of the country to be so made or
held; or
(3) obstructs, or attempts to obstruct, or in any way
interferes with or prevents the enforcement of this
section,
shall be fined under this title, imprisoned not more than 20
years, or both.
(b) Whoever violates this section shall be fined under this
title, imprisoned for any term of years or for life, or both
if--
(1) the violation results in the death of the victim;
or
(2) the violation includes kidnaping, an attempt to
kidnap, aggravated sexual abuse, an attempt to commit
aggravated sexual abuse, or an attempt to kill.
Sec. 1584. Sale into involuntary servitude
(a) \5\ Whoever knowingly and willfully holds to
involuntary servitude or sells into any condition of
involuntary servitude, any other person for any term, or brings
within the United States any person so held, shall be fined
under this title or imprisoned not more than 20 years,\2\ or
both. If death results from the violation of this section, or
if the violation includes kidnapping or an attempt to kidnap,
aggravated sexual abuse or the attempt to commit aggravated
sexual abuse, or an attempt to kill, the defendant shall be
fined under this title \3\ or imprisoned for any term of years
or life, or both.\2\
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\5\ Sec. 222(b)(2) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5068) inserted subsection designation ``(a)'' and added subsec. (b).
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(b) \5\ Whoever obstructs, attempts to obstruct, or in any
way interferes with or prevents the enforcement of this
section, shall be subject to the penalties described in
subsection (a).
Sec. 1585. Seizure, detention, transportation or sale of slaves
Whoever, being a citizen or resident of the United States
and a member of the crew or ship's company of any foreign
vessel engaged in the slave trade, or whoever, being of the
crew or ship's company of any vessel owned in whole or in part,
or navigated for, or in behalf of, any citizen of the United
States, lands from such vessel, and on any foreign shore seizes
any person with intent to make that person a slave, or decoys,
or forcibly brings, carries, receives, confines, detains or
transports any person as a slave on board such vessel, or, on
board such vessel, offers or attempts to sell any such person
as a slave, or on the high seas or anywhere on tide water,
transfers or delivers to any other vessel any such person with
intent to make such person a slave, or lands or delivers on
shore from such vessel any person with intent to sell, or
having previously sold, such person as a slave, shall be fined
under this title \3\ or imprisoned not more than seven years,
or both.
Sec. 1586. Service on vessels in slave trade
Whoever, being a citizen or resident of the United States,
voluntarily serves on board of any vessel employed or made use
of in the transportation of slaves from any foreign country or
place to another, shall be fined under this title \6\ or
imprisoned not more than two years, or both.
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\6\ Sec. 330016(1)(I) of Public Law 103-322 (108 Stat. 2147) struck
out ``not more than $2,000'' and inserted in lieu thereof ``under this
title''.
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Sec. 1587. Possession of slaves aboard vessel
Whoever, being the captain, master, or commander of any
vessel found in any river, port, bay, harbor, or on the high
seas within the jurisdiction of the United States, or hovering
off the coast thereof, and having on board any person for the
purpose of selling such person as a slave, or with intent to
land such person for such purpose, shall be fined under this
title \7\ or imprisoned not more than four years, or both.
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\7\ Sec. 330016(1)(L) of Public Law 103-322 (108 Stat. 2147) struck
out ``not more than $10,000'' and inserted in lieu thereof ``under this
title''.
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Sec. 1589.\8\ Forced labor
(a) Whoever knowingly provides or obtains the labor or
services of a person by any one of, or by any combination of,
the following means--
---------------------------------------------------------------------------
\8\ Amended and restated by sec. 222(b)(3) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
(Public Law 110-457; 122 Stat. 5068). Originally added by sec. 112(a)
of the Trafficking Victims Protection Act of 2000 (Public Law 106-386;
114 Stat. 1464) to read as follows:
``Sec. 1589. Forced labor
``Whoever knowingly provides or obtains the labor or services of a
person--
---------------------------------------------------------------------------
``(1) by threats of serious harm to, or physical restraint against, that
person or another person;
``(2) by means of any scheme, plan, or pattern intended to cause the
person to believe that, if the person did not perform such labor or
services, that person or another person would suffer serious harm or
physical restraint; or
``(3) by means of the abuse or threatened abuse of law or the legal
process,
``shall be fined under this title or imprisoned not more than 20 years, or
both. If death results from the violation of this section, or if the
violation includes kidnapping or an attempt to kidnap, aggravated sexual
abuse or the attempt to commit aggravated sexual abuse, or an attempt to
kill, the defendant shall be fined under this title or imprisoned for any
term of years or life, or both.''.
(1) by means of force, threats of force, physical
restraint, or threats of physical restraint to that
person or another person;
(2) by means of serious harm or threats of serious
harm to that person or another person;
(3) by means of the abuse or threatened abuse of law
or legal process; or
(4) by means of any scheme, plan, or pattern intended
to cause the person to believe that, if that person did
not perform such labor or services, that person or
another person would suffer serious harm or physical
restraint,
shall be punished as provided under subsection (d).
(b) Whoever knowingly benefits, financially or by receiving
anything of value, from participation in a venture which has
engaged in the providing or obtaining of labor or services by
any of the means described in subsection (a), knowing or in
reckless disregard of the fact that the venture has engaged in
the providing or obtaining of labor or services by any of such
means, shall be punished as provided in subsection (d).
(c) In this section:
(1) The term ``abuse or threatened abuse of law or
legal process'' means the use or threatened use of a
law or legal process, whether administrative, civil, or
criminal, in any manner or for any purpose for which
the law was not designed, in order to exert pressure on
another person to cause that person to take some action
or refrain from taking some action.
(2) The term ``serious harm'' means any harm, whether
physical or nonphysical, including psychological,
financial, or reputational harm, that is sufficiently
serious, under all the surrounding circumstances, to
compel a reasonable person of the same background and
in the same circumstances to perform or to continue
performing labor or services in order to avoid
incurring that harm.
(d) Whoever violates this section shall be fined under this
title, imprisoned not more than 20 years, or both. If death
results from a violation of this section, or if the violation
includes kidnaping, an attempt to kidnap, aggravated sexual
abuse, or an attempt to kill, the defendant shall be fined
under this title, imprisoned for any term of years or life, or
both.
Sec. 1590.\8\ Trafficking with respect to peonage, slavery, involuntary
servitude, or forced labor
(a) \9\ Whoever knowingly recruits, harbors, transports,
provides, or obtains by any means, any person for labor or
services in violation of this chapter shall be fined under this
title or imprisoned not more than 20 years, or both. If death
results from the violation of this section, or if the violation
includes kidnapping or an attempt to kidnap, aggravated sexual
abuse, or the attempt to commit aggravated sexual abuse, or an
attempt to kill, the defendant shall be fined under this title
or imprisoned for any term of years or life, or both.
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\9\ Sec. 222(b)(4) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5069) added subsection designation ``(a)'', and added subsec. (b).
---------------------------------------------------------------------------
(b) \9\ Whoever obstructs, attempts to obstruct, or in any
way interferes with or prevents the enforcement of this
section, shall be subject to the penalties under subsection
(a).
Sec. 1591.\8\ Sex trafficking of children or by force, fraud,\10\ or
coercion
(a) Whoever knowingly--
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\10\ Sec. 5(a)(1) of Public Law 108-193 (117 Stat. 2879) inserted a
comma after ``fraud''.
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(1) in or affecting interstate or foreign commerce,
or within the special maritime and territorial
jurisdiction of the United States,\11\ recruits,
entices, harbors, transports, provides, obtains, or
maintains \12\ by any means a person; or
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\11\ Sec. 5(a)(2) of Public Law 108-193 (117 Stat. 2879) struck out
``in or affecting interstate commerce'' and inserted in lieu thereof
``in or affecting interstate or foreign commerce, or within the special
maritime and territorial jurisdiction of the United States''.
\12\ Sec. 222(b)(5)(A)(i) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5069) struck out ``or obtains'' and inserted in lieu thereof
``obtains, or maintains''.
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(2) benefits, financially or by receiving anything of
value, from participation in a venture which has
engaged in an act described in violation of paragraph
(1),
knowing, or in reckless disregard of the fact, that means of
force, threats of force, fraud, coercion described in
subsection (e)(2), or any combination of such means \13\ will
be used to cause the person to engage in a commercial sex act,
or that the person has not attained the age of 18 years and
will be caused to engage in a commercial sex act, shall be
punished as provided in subsection (b).
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\13\ Sec. 222(b)(5)(A)(ii) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5069) struck out ``that force, fraud, or coercion described in
subsection (c)(2)'' and inserted in lieu thereof ``, or in reckless
disregard of the fact, that means of force, threats of force, fraud,
coercion described in subsection (e)(2), or any combination of such
means''.
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(b) The punishment for an offense under subsection (a) is--
(1) if the offense was effected by means of force,
threats of force, fraud, or coercion described in
subsection (e)(2), or by any combination of such
means,\14\ or if the person recruited, enticed,
harbored, transported, provided, or obtained \15\ had
not attained the age of 14 years at the time of such
offense, by a fine under this title or imprisonment for
any term of years or for life, or both; or
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\14\ Sec. 222(b)(5)(C) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5069) struck out ``force, fraud, or coercion'' and inserted in
lieu thereof ``means of force, threats of force, fraud, or coercion
described in subsection (e)(2), or by any combination of such means,''.
\15\ Sec. 5(a)(3) of Public Law 108-193 (117 Stat. 2879) struck out
``the person transported'' and inserted in lieu thereof ``the person
recruited, enticed, harbored, transported, provided, or obtained''.
---------------------------------------------------------------------------
(2) if the offense was not so effected, and the
person recruited, enticed, harbored, transported,
provided, or obtained \15\ had attained the age of 14
years but had not attained the age of 18 years at the
time of such offense, by a fine under this title or
imprisonment for not more than 40 \16\ years, or both.
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\16\ Sec. 103(a)(3) of the Prosecutorial Remedies and Tools Against
the Exploitation of Children Today Act of 2003 (Public Law 108-21; 117
Stat. 653) struck out ``20'' and inserted in lieu thereof ``40''.
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(c) \17\ In a prosecution under subsection (a)(1) in which
the defendant had a reasonable opportunity to observe the
person so recruited, enticed, harbored, transported, provided,
obtained or maintained, the Government need not prove that the
defendant knew that the person had not attained the age of 18
years.
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\17\ Sec. 222(b)(5)(B) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5069) redesignated former subsec. (c) as subsec. (e), and sec.
222(b)(5)(D) of that Act added new subsecs. (c) and (d).
---------------------------------------------------------------------------
(d) \17\ Whoever obstructs, attempts to obstruct, or in any
way interferes with or prevents the enforcement of this
section, shall be fined under this title, imprisoned for a term
not to exceed 20 years, or both.
(e) \17\ In this section:
(1) \18\ The term ``abuse or threatened abuse of law
or legal process'' means the use or threatened use of a
law or legal process, whether administrative, civil, or
criminal, in any manner or for any purpose for which
the law was not designed, in order to exert pressure on
another person to cause that person to take some action
or refrain from taking some action.
---------------------------------------------------------------------------
\18\ Sec. 222(b)(5)(E) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5069) redesignated former para. (3) as para. (5); redesignated
former para. (1) as para. (3); and added new paras. (1) and (4).
---------------------------------------------------------------------------
(2) The term ``coercion'' means--
(A) threats of serious harm to or physical
restraint against any person;
(B) any scheme, plan, or pattern intended to
cause a person to believe that failure to
perform an act would result in serious harm to
or physical restraint against any person; or
(C) the abuse or threatened abuse of law or
the legal process.
(3) \18\ The term ``commercial sex act'' means any
sex act, on account of which anything of value is given
to or received by any person.
(4) \18\ The term ``serious harm'' means any harm,
whether physical or nonphysical, including
psychological, financial, or reputational harm, that is
sufficiently serious, under all the surrounding
circumstances, to compel a reasonable person of the
same background and in the same circumstances to
perform or to continue performing commercial sexual
activity in order to avoid incurring that harm.
(5) \18\ The term ``venture'' means any group of two
or more individuals associated in fact, whether or not
a legal entity.
Sec. 1592.\8\ Unlawful conduct with respect to documents in furtherance
of trafficking, peonage, slavery, involuntary
servitude, or forced labor
(a) Whoever knowingly destroys, conceals, removes,
confiscates, or possesses any actual or purported passport or
other immigration document, or any other actual or purported
government identification document, of another person--
(1) in the course of a violation of section 1581,
1583, 1584, 1589, 1590, 1591, or 1594(a);
(2) with intent to violate section 1581, 1583, 1584,
1589, 1590, or 1591; or
(3) to prevent or restrict or to attempt to prevent
or restrict, without lawful authority, the person's
liberty to move or travel, in order to maintain the
labor or services of that person, when the person is or
has been a victim of a severe form of trafficking in
persons, as defined in section 103 of the Trafficking
Victims Protection Act of 2000,
shall be fined under this title or imprisoned for not more than
5 years, or both.
(b) Subsection (a) does not apply to the conduct of a
person who is or has been a victim of a severe form of
trafficking in persons, as defined in section 103 of the
Trafficking Victims Protection Act of 2000, if that conduct is
caused by, or incident to, that trafficking.
(c) \19\ Whoever obstructs, attempts to obstruct, or in any
way interferes with or prevents the enforcement of this
section, shall be subject to the penalties described in
subsection (a).
---------------------------------------------------------------------------
\19\ Sec. 222(b)(6) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5070) added subsec. (c).
---------------------------------------------------------------------------
Sec. 1593.\8\ Mandatory restitution
(a) Notwithstanding section 3663 or 3663A, and in addition
to any other civil or criminal penalties authorized by law, the
court shall order restitution for any offense under this
chapter.
(b)(1) The order of restitution under this section shall
direct the defendant to pay the victim (through the appropriate
court mechanism) the full amount of the victim's losses, as
determined by the court under paragraph (3) of this subsection.
(2) An order of restitution under this section shall be
issued and enforced in accordance with section 3664 in the same
manner as an order under section 3663A.
(3) As used in this subsection, the term ``full amount of
the victim's losses'' has the same meaning as provided in
section 2259(b)(3) and shall in addition include the greater of
the gross income or value to the defendant of the victim's
services or labor or the value of the victim's labor as
guaranteed under the minimum wage and overtime guarantees of
the Fair Labor Standards Act (29 U.S.C. 201 et seq.).
(4) \20\ The forfeiture of property under this subsection
shall be governed by the provisions of section 413 (other than
subsection (d) of such section) of the Controlled Substances
Act (21 U.S.C. 853).
---------------------------------------------------------------------------
\20\ Sec. 221(1) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5067) added para. (4).
---------------------------------------------------------------------------
(c) As used in this section, the term ``victim'' means the
individual harmed as a result of a crime under this chapter,
including, in the case of a victim who is under 18 years of
age, incompetent, incapacitated, or deceased, the legal
guardian of the victim or a representative of the victim's
estate, or another family member, or any other person appointed
as suitable by the court, but in no event shall the defendant
be named such representative or guardian.
Sec. 1593A.\21\ Benefitting financially from peonage, slavery, and
trafficking in persons
Whoever knowingly benefits, financially or by receiving
anything of value, from participation in a venture which has
engaged in any act in violation of section 1581(a), 1592, or
1595(a), knowing or in reckless disregard of the fact that the
venture has engaged in such violation, shall be fined under
this title or imprisoned in the same manner as a completed
violation of such section.
---------------------------------------------------------------------------
\21\ Sec. 222(d)(1) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5070) added sec. 1593A.
---------------------------------------------------------------------------
Sec. 1594.\8\ General provisions
(a) Whoever attempts to violate section 1581, 1583, 1584,
1589, 1590, or 1591 shall be punishable in the same manner as a
completed violation of that section.
(b) \22\ Whoever conspires with another to violate section
1581, 1583, 1589, 1590, or 1592 shall be punished in the same
manner as a completed violation of such section.
---------------------------------------------------------------------------
\22\ Sec. 222(c) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5070) redesignated former subsecs. (b), (c), and (d) as subsecs. (d),
(e), and (f), respectively, and added new subsecs. (b) and (c).
---------------------------------------------------------------------------
(c) \22\ Whoever conspires with another to violate section
1591 shall be fined under this title, imprisoned for any term
of years or for life, or both.
(d) \22\ The court, in imposing sentence on any person
convicted of a violation of this chapter, shall order, in
addition to any other sentence imposed and irrespective of any
provision of State law, that such person shall forfeit to the
United States--
(1) such person's interest in any property, real or
personal, that was used or intended to be used to
commit or to facilitate the commission of such
violation; and
(2) any property, real or personal, constituting or
derived from, any proceeds that such person obtained,
directly or indirectly, as a result of such violation.
(e) \22\ (1) The following shall be subject to forfeiture
to the United States and no property right shall exist in them:
(A) Any property, real or personal, used or intended
to be used to commit or to facilitate the commission of
any violation of this chapter.
(B) Any property, real or personal, which constitutes
or is derived from proceeds traceable to any violation
of this chapter.
(2) The provisions of chapter 46 of this title relating to
civil forfeitures shall extend to any seizure or civil
forfeiture under this subsection.
(f) \22\ Witness Protection.--Any violation of this chapter
shall be considered an organized criminal activity or other
serious offense for the purposes of application of chapter 224
(relating to witness protection).
Sec. 1595.\23\ Civil remedy
---------------------------------------------------------------------------
\23\ Sec. 4(a)(4)(A) of the Trafficking Victims Protection
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2878) added
sec. 1595.
---------------------------------------------------------------------------
(a) An individual who is a victim of a violation \24\ of
this chapter may bring a civil action against the perpetrator
(or whoever knowingly benefits, financially or by receiving
anything of value from participation in a venture which that
person knew or should have known has engaged in an act in
violation of this chapter) \25\ in an appropriate district
court of the United States and may recover damages and
reasonable attorneys fees.
---------------------------------------------------------------------------
\24\ Sec. 221(2)(A)(i) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5067) struck out ``of section 1589, 1590, or 1591'' at this
point.
\25\ Sec. 221(2)(A)(ii) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457; 122
Stat. 5067) inserted ``(or whoever knowingly benefits, financially or
by receiving anything of value from participation in a venture which
that person knew or should have known has engaged in an act in
violation of this chapter)'' after ``perpetrator''.
---------------------------------------------------------------------------
(b)(1) Any civil action filed under this section shall be
stayed during the pendency of any criminal action arising out
of the same occurrence in which the claimant is the victim.
(2) In this subsection, a ``criminal action'' includes
investigation and prosecution and is pending until final
adjudication in the trial court.
(c) \26\ No action may be maintained under this section
unless it is commenced not later than 10 years after the cause
of action arose.
---------------------------------------------------------------------------
\26\ Sec. 221(2)(B) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5067) added subsec. (c).
---------------------------------------------------------------------------
Sec. 1596.\27\ Additional jurisdiction in certain trafficking offenses
(a) In General.--In addition to any domestic or extra-
territorial jurisdiction otherwise provided by law, the courts
of the United States have extra-territorial jurisdiction over
any offense (or any attempt or conspiracy to commit an offense)
under section 1581, 1583, 1584, 1589, 1590, or 1591 if--
---------------------------------------------------------------------------
\27\ Sec. 223(a) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (Public Law 110-457; 122 Stat.
5071) added sec. 1596.
---------------------------------------------------------------------------
(1) an alleged offender is a national of the United
States or an alien lawfully admitted for permanent
residence (as those terms are defined in section 101 of
the Immigration and Nationality Act (8 U.S.C. 1101));
or
(2) an alleged offender is present in the United
States, irrespective of the nationality of the alleged
offender.
(b) Limitation on Prosecutions of Offenses Prosecuted in
Other Countries.--No prosecution may be commenced against a
person under this section if a foreign government, in
accordance with jurisdiction recognized by the United States,
has prosecuted or is prosecuting such person for the conduct
constituting such offense, except upon the approval of the
Attorney General or the Deputy Attorney General (or a person
acting in either such capacity), which function of approval may
not be delegated.
(6) President's Interagency Task Force to Monitor and Combat
Trafficking in Persons
Executive Order 13257 \1\ of February 13, 2002 (67 F.R. 7259); as
amended by Executive Order 13286 of February 28, 2003 (68 F.R. 10619);
and Executive Order 13333 of March 18, 2004 (69 F.R. 13455)
---------------------------------------------------------------------------
\1\ 22 U.S.C. 7103 note.
---------------------------------------------------------------------------
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the Trafficking Victims Protection Act of 2000, (22
U.S.C. 7101 et seq.) \2\ (the ``Act''), and section 301 of
title 3, United States Code,\3\ and in order to combat
trafficking in persons, a contemporary manifestation of slavery
whose victims are predominantly women and children, to ensure
just and effective punishment of traffickers, and to protect
their victims, it is hereby ordered as follows:
---------------------------------------------------------------------------
\2\ Sec. 1(a) of Executive Order 13333 (March 18, 2004; 69 F.R.
13455) struck out ``7103'' and inserted in lieu thereof ``7101 et
seq.''.
\3\ Sec. 1(b) of Executive Order 13333 (March 18, 2004; 69 F.R.
13455) inserted ``and section 301 of title 3, United States Code,''.
---------------------------------------------------------------------------
Section 1. (a) The President's Interagency task Force to
Monitor and Combat Trafficking in Persons is hereby
established.
(b) The Task Force shall consist of:
(i) the Secretary of State;
(ii) the Attorney General;
(iii) the Secretary of Labor;
(iv) the Secretary of Health and Human Services;
(v) the Secretary of Homeland Security; \4\
---------------------------------------------------------------------------
\4\ Added by sec. 5 of Executive Order 13286 (68 F.R. 10619), which
then redesignated the clauses that followed the amendment.
---------------------------------------------------------------------------
(vi) the Director of Central Intelligence;
(vii) the Director of the Office of Management and
Budget;
(viii) the Administrator of the United States Agency
for International Development; and
(ix) any additional officers or employees of the
United States as may be designated by the President.
(c) The Task Force shall be chaired by the Secretary of
State.
Sec. 2. Activities. The Task Force shall, consistent with
applicable law and the constitutional authorities and duties of
the President, carry out the following activities:
(a) coordinate the implementation of the Act;
(b) measure and evaluate progress of the United
States and other countries in the areas of trafficking
in persons prevention, protection, and assistance to
victims of trafficking in persons, and prosecutions and
other enforcement efforts against traffickers,
including the role of public corruption in facilitating
trafficking in persons;
(c) assist the Secretary of State in the preparation
of the annual reports described in section 110 of the
Act;
(d) expand interagency procedures to collect and
organize data, including significant research and
resource information on domestic and international
trafficking in persons, while ensuring that any data
collection procedures involved, respect the
confidentiality of victims of trafficking in persons;
(e) engage in efforts to facilitate cooperation among
countries of origin, transit, and destination, and such
efforts shall aim to strengthen local and regional
capacities to prevent trafficking in persons, prosecute
traffickers and assist trafficking victims; shall
include initiatives to enhance cooperative efforts
between destination countries, transit countries, and
countries of origin; and shall assist in the
appropriate reintegration of stateless victims of
trafficking in persons;
(f) examine the role of the international ``sex
tourism'' industry in the trafficking of persons and in
the sexual exploitation of women and children around
the world;
(g) engage in consultation and advocacy with
governmental and nongovernmental organizations, among
other entities, to advance the purposes of the Act; and
(h) address such other matters related to the
purposes of the Act as the President may determine.
Sec. 3. Administration. (a) The Department of State shall
provide funding and administrative support for the Task Force,
except as otherwise provided by the Act.
(b) At the call of the Chair, the Task Force shall meet as
necessary to accomplish its mission.
(c) Task Force members may designate representatives from
their respective agencies to represent them at Task Force
meetings.
(d) Whenever the work of the Task Force involves a matter
committed by law or Presidential directive to the consideration
of the National Security Council, or by Executive Order 13228
of October 8, 2001, to the consideration of the Homeland
Security Council, that work shall be undertaken, and any
communication by the Secretary of State to the President shall
be undertaken, in a manner consistent with such law,
Presidential directive, or Executive Order.
(e) The Task Force shall have no directive authority or
other substantial independent authority.
(f) As necessary and appropriate, the Task Force shall
report to the President, through the Secretary of State, the
following:
(i) progress on the implementation of the Act, and
(ii) recommendations for United States policy to
monitor and eliminate trafficking in persons and to
protect the victims of trafficking in persons.
Sec. 4.\5\ Guidelines, Policies, and Regulations. (a) The
Senior Policy Operating Group (SPOG), described in subsection
105(f) of the Act, shall (i) establish guidelines and policies
to coordinate the activities of executive branch departments
and agencies regarding policies (including grants and grant
policies) involving the international trafficking in persons
and (ii) advise the Secretary of State what regulations may be
necessary to implement section 105 of the Act, including such
regulations as may be necessary to carry out the sharing of
information on all matters relating to grants, grant policies,
or other significant actions regarding the international
trafficking in persons as set forth in subsection 105(f)(4) of
the Act, to the extent permitted by law.
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\5\ Sec. 3 of Executive Order 13333 (March 18, 2004; 69 F.R. 13455)
added secs. 4 through 7.
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(b) The Secretary of State, in consultation with the
members of the Task Force or their representatives, shall
promulgate regulations to implement section 105 of the Act.
Sec. 5.\5\ Enhanced Prevention of Trafficking in Persons.
(a) The Secretary of State, in consultation with the members of
the Task Force or their representatives, shall carry out the
functions under subsection 106(c) and subsection 106(d) of the
Act.
(b) The Secretary of State shall have the authority to
determine, under section 106(e)(1) of the Act, foreign
destinations where sex tourism is significant. The Secretary of
Homeland Security, in consultation with the members of the Task
Force or their representatives and appropriate officials of the
Departments of Commerce and Transportation, shall carry out all
other functions under subsection 106(e) of the Act, including
promulgation of any appropriate regulations relating to the
distribution of the materials described in subsec. 106(e).
(c) The head of each executive branch agency responsible
for the establishment and conduct of initiatives and programs
described in subsections 106(a) through (e) of the Act shall
consult with appropriate nongovernmental organizations
consistent with section 106(f) of the Act.
(d) The Secretary of State shall have responsibility to
initiate appropriate regulatory implementation of the
requirements set out in section 106(g) of the Act with respect
to contracts, including proposing appropriate amendments to the
Federal Acquisition Regulation. Each affected executive branch
department or agency shall implement, within that department or
agency, the requirements set out in section 106(g) of the Act
with respect to grants and cooperative agreements.
Sec. 6.\5\ Research on Trafficking in Persons. The entities
named in section 112A of the Act shall carry out the research
initiatives required by section 112A of the Act, and shall
award grants according to such policies and guidelines as may
be established by the SPOG described in section 105(f) of the
Act, as well as any applicable agency rules and regulations.
Sec. 7.\5\ Guidance for Exercising Authority and Performing
Duties. In exercising authority delegated by, or performing
functions assigned in, this order, officers of the United
States shall ensure that all actions taken by them are
consistent with the President's constitutional authority to:
(a) conduct the foreign affairs of the United States;
(b) withhold information the disclosure of which
could impair the foreign relations, the national
security, the deliberative processes of the Executive,
or the performance of the Executive's constitutional
duties;
(c) recommend for congressional consideration such
measures as the President may judge necessary or
expedient; and
(d) supervise the unitary Executive Branch.
Sec. 8.\6\ Judicial Review. This order does not create any
rights or benefits, enforceable at law or equity, against the
Untied States, its departments, its agencies, or other
entities, its officers or employees, or any other person.
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\6\ Originally sec. 4; redesignated as sec. 8 by sec. 2 of
Executive Order 13333 (March 18, 2004; 69 F.R. 13455).
u. Jobs Through Trade Expansion Act of 1994
Partial text of Public Law 103-392 [H.R. 4950], 108 Stat. 4098,
approved October 22, 1994
Note.--Except for the provisions noted below, the
Jobs Through Trade Expansion Act of 1994 consists of
amendments to the Foreign Assistance Act of 1961,
Export Administration Amendments Act of 1985, and
Export Enhancement Act of 1988. These amendments have
been incorporated into those Acts at the appropriate
locations.
AN ACT To extend the authorities of the Overseas Private Investment
Corporation, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Jobs Through Trade Expansion
Act of 1994''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
* * * * * * *
TITLE V--INTERNATIONAL PROTECTION OF INTELLECTUAL PROPERTY
SEC. 501.\2\ ESTABLISHMENT OF PROGRAM.
(a) In General.--In carrying out part I of the Foreign
Assistance Act of 1961 and other relevant foreign assistance
laws, the President, acting through the Administrator of the
United States Agency for International Development, shall
establish a program of training and other technical assistance
to assist foreign countries in--
---------------------------------------------------------------------------
\2\ 22 U.S.C. 2151t-1.
---------------------------------------------------------------------------
(1) developing and strengthening laws and regulations
to protect intellectual property; and
(2) developing the infrastructure necessary to
implement and enforce such laws and regulations.
(b) Participation of Other Agencies.--The Administrator of
the United States Agency for International Development--
(1) shall utilize the expertise of the Patent and
Trademark Office and other agencies of the United
States Government in designing and implementing the
program of assistance provided for in this section;
(2) shall coordinate assistance under this section
with efforts of other agencies of the United States
Government to increase international protection of
intellectual property, including implementation of
international agreements containing high levels of
protection of intellectual property; and
(3) shall consult with the heads of such other
agencies in determining which foreign countries will
receive assistance under this section.
v. Jobs Through Exports Act of 1992
Partial text of Public Law 102-549 [H.R. 4996], 106 Stat. 3651,
approved October 28, 1992; as amended by Public Law 104-66 [Federal
Reports Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707,
approved December 21, 1995; and Public Law 110-246 [Food, Conservation,
and Energy Act of 2008; H.R. 6124], 122 Stat. 1651, enacted over the
President's veto June 18, 2008
Note.--Except for the provisions noted below, the
Jobs Through Exports Act of 1992 consists of amendments
to the Foreign Assistance Act of 1961, Trade and
Development Enhancement Act of 1983, Agricultural Trade
Development and Assistance Act of 1954 (now Food for
Peace Act), and 5 U.S.C. These amendments have been
incorporated into those Acts and sections of the U.S.C.
at the appropriate locations.
AN ACT To extend the authorities of the Overseas Private Investment
Corporation, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Jobs Through Exports Act of
1992''.
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\1\ 22 U.S.C. 2151 note.
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* * * * * * *
TITLE II--TRADE AND DEVELOPMENT AGENCY
* * * * * * *
SEC. 202. RENAMING OF TRADE AND DEVELOPMENT PROGRAM; CONFORMING
CHANGES.
(a) \2\ Renaming of Trade and Development Program.--The
Trade and Development Program shall, on or after the effective
date of this section, be known as the Trade and Development
Agency.
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\2\ 22 U.S.C. 2421 note.
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(b) Appointment of Present Director Not Affected.--The
enactment of this title shall not affect the appointment of the
individual who is the Director of the Trade and Development
Program on the effective date of this section.
(c) * * *
(d) * * *
(e) \2\ Reference in Other Laws.--Any reference in any law
to the Trade and Development Program shall be deemed to be a
reference to the Trade and Development Agency.
TITLE III--AID, TRADE, AND COMPETITIVENESS
SEC. 301.\3\ SHORT TITLE.
This title may be cited as the ``Aid, Trade, and
Competitiveness Act of 1992''.
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\3\ 22 U.S.C. 2421a note.
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SEC. 302.\4\ CAPITAL PROJECTS OFFICE WITHIN THE AGENCY FOR
INTERNATIONAL DEVELOPMENT.
(a) Establishment of Office.--The Administrator of AID
shall establish a capital projects office to carry out the
purposes described in subsection (b).
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\4\ 22 U.S.C. 2421a.
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(b) Purposes of Office.--The purposes referred to in
subsection (a) are--
(1) to develop an AID program that would focus solely
on developmentally sound capital projects, taking into
consideration development needs of the host country and
the export opportunities for the United States; and
(2) to consider specifically opportunities for United
States high-technology firms, including small- and
medium-sized firms, in supporting capital projects for
developing countries and for countries making the
transition from nonmarket to market economies.
(c) Activities of AID.--The Administrator of AID (acting
through the capital projects office), in coordination with the
appropriate members of the Trade Promotion Coordination
Committee--
(1) shall support capital projects in developing
countries and in countries making the transition from
nonmarket to market economies;
(2) shall periodically review infrastructure needs in
developing countries and countries making the
transition from nonmarket to market economies and shall
explore opportunities for United States firms in the
development of new capital projects in these countries,
keeping both United States firms and the Congress
informed of these reviews;
(3) shall ensure that each capital project for which
AID provides funding is developmentally sound, as
determined under the criteria developed by the
Development Assistance Committee of the Organization
for Economic Cooperation and Development;
(4) shall coordinate its activities with other AID
offices, and work with AID country missions, in
developing capital projects that provide opportunities
for United States firms consistent with AID's primary
mission to help developing countries with traditional
development projects;
(5) shall coordinate, where appropriate, funds
available to AID for tied-aid purposes; and
(6) shall play a special role in helping to meet the
infrastructure needs of countries making the transition
from nonmarket to market economies by meeting the
challenge of infrastructure assistance provided by
foreign governments to those countries, including by
undertaking a comprehensive study of the infrastructure
needs of the various countries making the transition
from nonmarket to market economies--
(A) to identify those sectors in the
economies of these countries that are most in
need of rebuilding, and
(B) to identify the state of technology in
these countries and the opportunity for United
States high technology firms to help develop a
technological infrastructure in these
countries, including an assessment of export
opportunities for United States high technology
companies.
The results of the study conducted pursuant to paragraph (6)
shall be reported to the appropriate congressional committees
within 12 months after the date of the enactment of this Act.
SEC. 303.\5\ CAPITAL PROJECTS FOR POVERTY ALLEVIATION AND ENVIRONMENTAL
SAFETY AND SUSTAINABILITY.
(a) Purposes.--The Administrator of AID shall develop a
program, in accordance with subsection (b), that focuses on
developmentally sound capital projects for basic infrastructure
that will measurably alleviate the worst manifestations of
poverty or directly promote environmental safety and
sustainability at the community level, taking into
consideration development needs of the host country and export
opportunities for services and goods from the United States.
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\5\ 22 U.S.C. 2421b.
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(b) Activities of AID.--In order to carry out subsection
(a), the Administrator of AID shall, working with AID technical
support staff, regional bureau staff, and country missions,
identify and provide funding for capital projects to alleviate
the worst manifestations of poverty or to promote environmental
safety and sustainability at the community level in countries
receiving assistance under part I of the Foreign Assistance Act
of 1961. Such projects may include basic sanitation systems,
basic water supply and treatment, pollution control, and rural
infrastructure benefiting poor communities or establishing
environmentally sustainable patterns of rural development. Such
projects should have measurable positive effects on indicators
of human and environmental health.
SEC. 304.\6\ COORDINATION.
The President shall use the Trade Promotion Coordination
Committee to coordinate activities under this title with other
relevant activities of the United States Government.
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\6\ 22 U.S.C. 2421c.
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SEC. 305.\3\ REPORTS TO CONGRESS ON CAPITAL PROJECTS.
Not later than May 1, 1993, the President shall submit to
the Congress a report describing--
(1) the extent to which United States Government
resources have been expended specifically to support
the projects described in this title in developing
countries and countries making the transition from
nonmarket to market economies;
(2) the extent to which the activities of the United
States Government have been coordinated pursuant to
section 304; and
(3) the extent to which United States Government
capital projects and tied-aid credit programs have
affected United States exports.
SEC. 306.\7\ FUNDING FOR CAPITAL PROJECTS.
(a) Funding Level.--The Congress strongly urges the
President to use at least $650,000,000 for fiscal year 1993 and
at least $700,000,000 for fiscal year 1994 of the total amounts
made available for assistance under chapter 4 of part II of the
Foreign Assistance Act of 1961 (relating to the economic
support fund), assistance under the Support for East European
Democracy (SEED) Act of 1989, assistance under the Freedom for
Russia and Emerging Eurasian Democracies and Open Markets
Support Act of 1992, and assistance under the Multilateral
Assistance Initiative for the Philippines, for grants for
developmentally sound capital projects. Such grants may be
combined with financing offered by private financial entities
or other entities.
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\7\ 22 U.S.C. 2421d.
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(b) Development Assistance Capital Projects.--Funds
appropriated to carry out chapter 1 or chapter 10 of part I of
the Foreign Assistance Act of 1961 (relating to development
assistance and the Development Fund for Africa) may not be used
for capital projects that do not meet the criteria contained in
section 303 of this Act. This subsection does not apply with
respect to capital projects for which funds have been obligated
or expended before the date of the enactment of this Act.
SEC. 307.\3\ REPORT ON THE FEASIBILITY OF AID CREDIT GUARANTEES TO
FINANCE CAPITAL PROJECTS.
Not later than May 1, 1993, the President shall submit to
the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate a report on the feasibility of
allowing AID to offer credit guarantees for the financing of
capital projects.
SEC. 308.\8\ DEFINITIONS.
For purposes of this title--
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\8\ 22 U.S.C. 2421e.
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(1) the term ``AID'' means the Agency for
International Development; and
(2) the term ``capital project'' means a project
involving the construction, expansion, alteration of,
or the acquisition of equipment for, a physical
facility or physical infrastructure, including related
engineering design (concept and detail) and other
services, the procurement of equipment (including any
related services), and feasibility studies or similar
engineering and economic services.
TITLE IV--UNITED STATES COMMERCIAL CENTERS
SEC. 401.\9\ UNITED STATES COMMERCIAL CENTERS.
(a) Establishment.--The Secretary of Commerce, in his or
her role as chairperson of the Trade Promotion Coordinating
Committee, is authorized and encouraged to establish United
States Commercial Centers (hereinafter in this section referred
to as ``Centers'') in Asia, in Latin America, and in Africa.
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\9\ 22 U.S.C. 4723a.
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(b) Purpose of the Centers.--The purpose of the Centers
shall be to provide additional resources for the promotion of
exports of United States goods and services to the host
countries, by familiarizing United States exporters with the
industries, markets, and customs of the host countries, thus
facilitating commercial ties and trade.
(c) Functions of the Centers.--Each Center shall--
(1) collect and publish economic and market data with
respect to the host country;
(2) provide, on a user-fee basis, preliminary
technical and clerical assistance, language
translation, and administrative assistance, and
information regarding the legal systems, laws,
regulations, and procedures of the host country, to
United States exporters seeking to do business in the
host country; and
(3) in other ways promote exports of United States
goods and services to the host country.
(d) Specific Services To Be Provided.--To carry out its
objectives, each Center shall make available the following (on
a user-fee basis):
(1) Business facilities.--Business facilities,
including exhibition space, conference rooms, office
space (including telephones and other basic office
equipment), and, where warranted by impeding
deficiencies in the public system, high quality
international telecommunications facilities.
(2) Business services.--Business support services,
including language translation services, clerical
services, and a commercial library containing a
comprehensive collection of reference materials
covering United States and host country industries and
markets.
(3) Commercial law information services.--Commercial
law information services, including--
(A) a clearinghouse for information regarding
the relevant commercial laws, practices, and
regulations of the host country;
(B) publications to assist United States
businesses;
(C) legal referral services; and
(D) lists of local agents and distributors.
(e) Other Trade Promotion Activities.--Each Center shall
also promote United States export trade by--
(1) facilitating contacts between buyers, sellers,
bankers, traders, distributors, agents, and necessary
government officials from the United States and the
host country;
(2) coordinating trade missions; and
(3) assisting with applications, contracts, and
clearances for imports into the host country and
exports from the United States.
(f) Staffing of Centers.--Each Center shall be staffed by
members of the United States and Foreign Commercial Service,
participants in the Market Development Cooperator Program
established under section 2303 of the Export Enhancement Act of
1988 (15 U.S.C. 4723), other employees of the Department of
Commerce, and employees of appropriate executive branch
departments and agencies which are members of the Trade
Promotion Coordinating Committee.
(g) Center Facilities and Their Relationship to United
States Department of Commerce Operations in Host Countries.--
(1) Physical accommodations for the centers.--The
Secretary of Commerce shall locate each Center in the
primary commercial city of the host country. The
Secretary shall acquire office space, exhibition space,
and other facilities and equipment that are necessary
for each Center to perform its functions. To the extent
feasible, each Center shall be located in the central
commercial district of the host city.
(2) Consolidation of department of commerce
operations in host countries.--For the purpose of
obtaining maximum effectiveness and efficiency and to
the extent consistent with the purposes of the Centers,
the Secretary of Commerce is encouraged to place all
personnel of the Department of Commerce who are
assigned to the city in which a Center is located in
the same facilities as those in which the Center
conducts its activities.
(h) Use of Market Development Cooperator Program.--The
Secretary of Commerce shall, to the greatest extent feasible,
use the Market Development Cooperator Program established under
section 2303 of the Export Enhancement Act of 1988 (15 U.S.C.
4723) to assist in carrying out the purposes of the Centers
established under this section.
(i) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Commerce to carry out
this section $8,000,000 for fiscal year 1993, and $5,500,000
for fiscal year 1994. Funds made available under this
subsection may be used for the acquisition of real property.
(j) \10\ * * * [Repealed--1995]
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\10\ Sec. 1021(b) of Public Law 104-66 (109 Stat. 707) repealed
subsec. (j), which had required the Secretary of Commerce to report
annually to the House Committee on International Relations and the
Senate Committee on Banking, Housing, and Urban Affairs on the status,
activities, and effectiveness of the Centers.
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(k) Definitions.--For purposes of this section--
(1) the term ``United States exporter'' means--
(A) a United States citizen,
(B) a corporation, partnership, or other
association created under the laws of the
United States or of any State, or
(C) a foreign corporation, partnership, or
other association, more than 95 percent of
which is owned by persons described in
subparagraphs (A) and (B),
that exports, or seeks to export, goods or services
produced in the United States;
(2) the term ``State'' means any of the several
States, the District of Columbia, or any commonwealth,
territory, or possession of the United States; and
(3) the term ``United States'' means the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
TITLE V--OTHER EXPORT PROMOTION ACTIVITIES
SEC. 501.\11\ ADDITIONAL PROCUREMENT OFFICERS.
(a) Appointment.--The Secretary of Commerce, in
consultation with the Secretary of the Treasury, shall appoint
one or more full-time additional procurement officers, for each
multilateral development bank, to promote exports of goods and
services from the United States by doing the following:
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\11\ 22 U.S.C. 262s-2 note.
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(1) Acting as the liaison between the business
community and one or more multilateral development
banks, whether or not the banks have offices in the
United States. The Secretary of Commerce shall ensure
that the procurement officer has access to, and
disseminates to United States businesses, information
relating to projects which are being proposed by the
multilateral development bank involved, and bid
specifications and deadlines for projects about to be
developed by the bank. The procurement officer shall
make special efforts to disseminate such information to
small- and medium-sized businesses interested in
participating in such projects. The procurement officer
shall explore opportunities for disseminating such
information through private sector, nonprofit
organizations.
(2) Taking actions to assure that United States
businesses are fully informed of bidding opportunities
for projects for which loans have been made by the
multilateral development bank involved.
(3) Taking actions to assure that United States
businesses can focus on projects in which they have a
particular interest or competitive advantage, and to
permit them to compete and have an equal opportunity in
submitting timely and conforming bidding documents.
(b) Definition.--As used in this section, the term
``multilateral development bank'' has the meaning given that
term in section 1701(c) of the International Financial
Institutions Act (22 U.S.C. 262r(c)).
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Commerce $1,000,000 for
each of the fiscal years 1993 and 1994 to carry out this
section. Amounts appropriated pursuant to this subsection shall
be available only for the purpose of making the appointment of
additional procurement officers required by subsection (a).
TITLE VI--ENTERPRISE FOR THE AMERICAS INITIATIVE
SEC. 601.\12\ SHORT TITLE.
This title may be cited as the ``Enterprise for the
Americas Act of 1992''.
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\12\ 22 U.S.C. 2151 note. Title VI, sec. 602, amended the Foreign
Assistance Act of 1961, adding a new Part IV--Enterprise for the
Americas Initiative, codified at 22 U.S.C. 2430.
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* * * * * * *
SEC. 604.\13\ INTERNATIONAL UNIVERSITY FOR THE AMERICAS.
(a) Purpose.--The purpose of this section is to promote
economic integration and the consolidation and strengthening of
democratic institutions in the Western Hemisphere, and to
commemorate the 500th anniversary of the discovery of the
Americas by Christopher Columbus through the establishment of
an institution of higher education, which shall be known as the
``International University for the Americas''.
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\13\ 22 U.S.C. 2077.
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(b) Establishment.--The Secretary of State, in
consultation with other governments in the Western Hemisphere,
shall determine the most appropriate location for the
International University for the Americas. In making that
determination, the Secretary shall ensure that--
(1) the location chosen is in the Americas and is
easily accessible to all peoples in the region; and
(2) the relevant government--
(A) has demonstrated a commitment to economic
integration and democratic values though its
policies and programs; and
(B) has expressed an interest in that
location being chosen as a site and has agreed
to contribute some amount of assistance, either
in cash or kind, toward the costs of developing
the institution.
(c) Faculty, Students, and Curriculum.--In developing the
bylaws of the International University for the Americas, the
Secretary of State shall ensure that they contain provisions to
ensure that faculty and students are drawn from all the nations
in the Western Hemisphere, and that the curriculum is designed
to develop expertise in fields that will promote the economic
integration of the Americas and the consolidation of democracy
throughout the Hemisphere.
(d) Annual Report.--The annual reports submitted pursuant
to section 614 of the Food for Peace Act \14\ (7 U.S.C. 1738mm)
shall include a progress report on the selection of a site and
design for the establishment of the International University
for the Americas.
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\14\ Sec. 3001(b) of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 1820) struck out ``Agricultural Trade
Development and Assistance Act of 1954'' and inserted in lieu thereof
``Food for Peace Act''.
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(e) Funding.--Of the funds that are allocated for
assistance for Latin America and the Caribbean under chapter 1
of part I of the Foreign Assistance Act of 1961 (relating to
development assistance) and chapter 4 of part II of that Act
(relating to the economic support fund), $500,000 may be made
available to carry out the site location and design phase of
the International University for the Americas.
TITLE VII--TRADE PROMOTION EXPANSION
SEC. 701. INCREASE IN COMMERCIAL SERVICE OFFICERS IN CERTAIN COUNTRIES.
(a) Authorization of Appropriations.--In addition to
amounts otherwise available, there are authorized to be
appropriated $5,000,000 for each of the fiscal years 1993 and
1994 for use by the Assistant Secretary of Commerce and
Director General of the United States and Foreign Commercial
Service in accordance with subsection (b).
(b) Use of Funds.--Amounts appropriated pursuant to
subsection (a) shall be available only for placing and
maintaining 20 additional Commercial Service Officers abroad.
The Secretary of Commerce, acting through the Assistant
Secretary of Commerce and Director General of the United States
and Foreign Commercial Service, may place such additional
Commercial Service Officers--
(1) in countries with which the United States has the
largest trade deficit, and
(2) in newly emerging market economy countries, with
democratically elected governments, in Central and
Eastern Europe and elsewhere.
(c) Report to Congress.--The Secretary of Commerce, acting
through the Assistant Secretary of Commerce and the Director
General of the United States and Foreign Commercial Service,
shall, not later than December 31, 1994, submit to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Banking, Housing, and Urban Affairs of the
Senate on the implementation of subsection (b). Each report
shall specify--
(1) in what countries the additional Commercial
Service Officers were placed, and the number of such
officers placed in each such country; and
(2) the effectiveness of the presence of the
additional Commercial Service Officers in increasing
United States exports to the countries in which such
officers were placed.
TITLE VIII--GENERAL PROVISIONS
SEC. 801.\15\ IMPACT ON EMPLOYMENT IN THE UNITED STATES.
No funds made available to carry out any provision of this
Act or the amendments made by this Act may be obligated or
expended for any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States, if such incentive or inducement is likely to reduce the
number of employees in the United States because United States
production is being replaced by such enterprise outside the
United States.
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\15\ 22 U.S.C. 2151 note.
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SEC. 802.\15\ INTERNATIONALLY RECOGNIZED WORKER RIGHTS.
No funds made available to carry out any provision of this
Act or the amendments made by this Act may be obligated or
expended for any project or activity that contributes to the
violation of internationally recognized workers rights, as
defined in section 502(a)(4) of the Trade Act of 1974, of
workers in the recipient country, including any designated zone
in that country.
w. Overseas Private Investment Corporation Amendments Act of 1988
Partial text of S. 2757, enacted into law by reference in sec. 555,
Public Law 100-461 [H.R. 4637], 102 Stat. 2268-36, approved October 1,
1988 \1\
TITLE I--OVERSEAS PRIVATE INVESTMENT CORPORATION
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Overseas Private Investment
Corporation Amendments Act of 1988''.
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\1\ Sec. 555 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102
Stat. 2268-36), enacted into law by reference title I of H.R. 5263, as
passed by the House of Representatives on September 20, 1988, and
provided further:
``That notwithstanding any other provision of this Act, titles I
and III of S. 2757 as reported by the Senate Committee on Foreign
Relations on September 7, 1988, are hereby enacted into law''.
Title I of H.R. 5263 and title I of S. 2757, in large part, amended
chapter 2, title IV of the FA Act of 1961. Sections 109 and 111, shown
here, were freestanding provisions and were identical in both bills.
For text of title III of S. 2757 (concerning certain USIA
programs), see Legislation on Foreign Relations Through 2008, vol. II-
A.
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* * * * * * *
SEC. 109. SMALL AND MINORITY-OWNED BUSINESSES.
(a) Findings.--The Congress finds that--
(1) the Overseas Private Investment Corporation has a
consistent record of encouraging United States business
investment in the world's developing countries;
(2) 62 percent of the open projects supported by the
Corporation during fiscal year 1987 were located in the
poorest of developing countries; and
(3) United States small businesses participated in 34
percent of the open projects supported by the
Corporation during fiscal year 1987.
(b) Sense of Congress.--It is the sense of the Congress
that--
(1) the Overseas Private Investment Corporation
should continue to encourage United States small
businesses to invest in the world's developing
countries; and
(2) the Corporation should continue to encourage
United States small businesses that are minority-owned
to invest in the world's developing countries as these
businesses are well suited to the economic and social
development needs of such countries.
* * * * * * *
SEC. 111. OPIC PROGRAMS IN HAITI.
Prohibitions on United States assistance for Haiti during
fiscal year 1988 shall not be construed to apply with respect
to the Overseas Private Investment Corporation unless the
prohibition specifically states that it applies with respect to
the Overseas Private Investment Corporation.
x. Earlier Foreign Assistance Authorization Acts
(1) Special Foreign Assistance Act of 1986
Partial text of Public Law 99-529 [S. 1917], 100 Stat. 3010, approved
October 24, 1986; as amended by Public Law 105-277 [Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999 (division G, subdivision
B); H.R. 4328], 112 Stat. 2681, approved October 21, 1998
AN ACT To promote immunization and oral rehydration in developing
countries, to promote democracy in Haiti, to protect tropical forests
and biological diversity in developing countries, to authorize
increased funding for the Child Survival Fund and for international
narcotics control assistance, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1.\1\ SHORT TITLE.
This Act may be cited as the ``Special Foreign Assistance
Act of 1986''.
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\1\ 22 U.S.C. 2151 note.
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TITLE I--PROMOTING IMMUNIZATION AND ORAL REHYDRATION IN DEVELOPING
COUNTRIES
SEC. 101. FINDINGS.
The Congress finds that--
(1) the United Nations Children's Fund (UNICEF)
reports that 3.5 million children die annually because
they have not been immunized against the six major
childhood diseases: polio, measles, whooping cough,
diphtheria, tetanus, and tuberculosis;
(2) at present less than 20 percent of children in
the developing world are fully immunized against these
diseases;
(3) each year more than five million additional
children are permanently disabled and suffer diminished
capacities to contribute to the economic, social, and
political development of their countries because they
have not been immunized;
(4) ten million additional childhood deaths from
immunizable and potentially immunizable diseases could
be averted annually by the development of techniques in
biotechnology for new and cost-effective vaccines;
(5) the World Health Assembly, the Executive Board of
the United Nations Children's Fund, and the United
Nations General Assembly are calling upon the nations
of the world to commit the resources necessary to meet
the challenge of universal access to childhood
immunization by 1990;
(6) at the 1984 ``Bellagio Conference'' it was
determined that the goal of universal childhood
immunization by 1990 is indeed achievable; and
(7) the Congress has expressed its expectation that
the Agency for International Development will set as a
goal the immunization by 1990 of at least 80 percent of
all the children in those countries in which the Agency
has a program.
SEC. 102. UNITED STATES PARTICIPATION IN GLOBAL EFFORT.
(a) United States Government Support.--The Congress calls
upon the President to direct the Agency for International
Development, working through the Centers for Disease Control
and other appropriate Federal agencies, to work in a global
effort to provide enhanced support toward achieving the goal of
universal access to childhood immunization by 1990 by--
(1) assisting in the delivery, distribution, and use
of vaccines, including--
(A) the building of locally sustainable
systems and technical capacities in developing
countries to reach, by the appropriate age, not
less than 80 percent of their annually
projected target population with the full
schedule of required immunizations; and
(B) the development of a sufficient network
of indigenous professionals and institutions
with responsibility for developing, monitoring,
and assessing immunization programs and
continually adapting strategies to reach the
goal of preventing immunizable diseases; and
(2) performing, supporting, and encouraging research
and development activities, both in the public and
private sector, that will be targeted at developing new
vaccines and at modifying and improving existing
vaccines to make them more appropriate for use in
developing countries.
(b) Private Sector Support.--In support of this global
effort, the President should appeal to the people of the United
States and the United States private sector to support public
and private efforts to provide the resources necessary to
achieve universal access to childhood immunization by 1990.
SEC. 103.\2\ * * *
TITLE II--PROMOTING DEMOCRACY IN HAITI
SEC. 201. FINDINGS CONCERNING HAITI.
The Congress finds that--
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\2\ Sec. 103 amended sec. 104(c) of the Foreign Assistance Act of
1961, fiscal year 1987 funding authorization for Child Survival Fund
and development assistance for health.
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(1) the establishment of an interim government in
Haiti committed to a restoration of democracy provides
Haiti with an opportunity to build the political,
social, and economic institutions necessary to promote
Haiti's development, to provide a better future for the
people of Haiti, and to provide the framework for more
effective mutual cooperation with the United States,
Haiti's neighbor in the Caribbean, and the other
nations of the Hemisphere;
(2) the magnitude of the political, economic, and
social tasks facing the people of Haiti will make the
achievement of a better future a difficult task which
will require a determined and sustained effort by the
Haitian people over a long period of time and will
require significant external assistance from the United
States and other donors; and
(3) it is in the interest of the United States to
provide appropriate support for the development of
Haiti, a close neighbor which is one of the world's
poorest nations and which is committed to the
establishment of a democratic government.
SEC. 202. ECONOMIC ASSISTANCE FOR HAITI.
(a) Earmarking of Funds.--Not less than $108,000,000 of the
aggregate amounts available for fiscal year 1987 to carry out
sections 103 through 106 of the Foreign Assistance Act of 1961
(relating to development assistance), chapter 4 of part II of
that Act (relating to the Economic Support Fund), and titles I
and II of the Agricultural Trade Development and Assistance Act
of 1954 (relating to the Food for Peace Program) \3\ shall be
available only for Haiti.
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\3\ Sec. 3001(c) of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 1821) provided that ``Any reference in
any Federal, State, tribal, or local law (including regulations) to the
`Agricultural Trade Development and Assistance Act of 1954' shall be
considered to be a reference to the `Food for Peace Act'.''.
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(b) Use of Development Assistance.--Assistance under
sections 103 through 106 of the Foreign Assistance Act of 1961
which is provided for Haiti pursuant to subsection (a) shall be
used to support a transition to democracy in Haiti, emphasizing
foreign investment, job creation (especially in the private
sector), rural development, health care and sanitation, small-
scale irrigation, reforestation and land conservation, and
literacy education. Such assistance should reflect the need to
distribute development assistance resources more equitably
among the various regions in Haiti in order to support
sustainable development in all of Haiti.
(c) Requirement for Segregated Account for Economic Support
Assistance Funds Paid to Government of Haiti.--Funds under
chapter 4 of part II of the Foreign Assistance Act of 1961
which are made available for Haiti pursuant to subsection (a)
may be paid to the Government of Haiti only if the Government
of Haiti will maintain those funds in a separate account and
not commingle them with other funds.
(d) Conditions on Economic Support and Development
Assistance.--Funds may be obligated for assistance for Haiti
under sections 103 through 106 of chapter 4 of part II of the
Foreign Assistance Act of 1961 pursuant to subsection (a) only
if the President determines that the interim Government of
Haiti--
(1) is improving the human rights situation in Haiti;
(2) is implementing its timetable for completion of a
new constitution that promotes genuine democratic
reforms and guarantees the fundamental principles of
democracy;
(3) is establishing a framework for free and open
elections leading to a democratically-elected civilian
government, which would include free and functioning
political parties and associations, free labor unions,
and freedom of the press;
(4) is cooperating fully in implementing United
States development, food, and other economic assistance
programs in Haiti (including programs for prior fiscal
years);
(5) is maintaining a system of fiscal accountability
to ensure that all resources allocated to the
development of Haiti are used in the most effective and
efficient manner;
(6) is continuing its investigation of alleged human
rights abuses and corruption by the Duvalier government
and is prosecuting, in accordance with due process,
those responsible for human rights abuses and
corruption;
(7) is maintaining a free and independent judiciary
system;
(8) is continuing to cooperate with the United States
in halting illegal emigration to the United States from
Haiti; and
(9) is encouraging private sector development.
(e) \4\ * * *
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\4\ Subsec. (e) amended the Foreign Assistance Act of 1961, sec.
401(s)(2), fiscal year 1987 funding authorization for the Inter-
American Foundation.
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(f) Additional Assistance for Economic Development in
Haiti.--In order to assist economic development in Haiti, a
Foreign Commercial Service officer should be assigned to the
United States Embassy in Haiti.
SEC. 203. MILITARY TRAINING AND OTHER NONLETHAL ASSISTANCE FOR HAITI.
(a) Authorization of Assistance.--Up to $4,000,000 of the
aggregate amounts available for fiscal year 1987 to carry out
chapter 2 of part II of the Foreign Assistance Act of 1961
(relating to grant military assistance), chapter 5 of part II
of that Act (relating to international military education and
training), and the Arms Export Control Act (relating to FMS
assistance) may be made available for Haiti for education,
training, and other nonlethal assistance (such as
transportation equipment, communications equipment, and
uniforms).
(b) Conditions on Military Assistance.--Funds made
available pursuant to subsection (a) may be obligated only if
the President certifies to the Congress the following:
(1) The Government of Haiti has submitted a formal
request to the United States specifying a comprehensive
plan for the reform and reorganization of the mission,
command, and control structures of the Haitian armed
forces consistent with a transition to democracy, the
rule of law, constitutional government, and an elected
civilian government. Such a plan should include a
publicly announced commitment by the armed forces of
Haiti to abide by international human rights standards
and adoption of a code of conduct to assure adherence
to these standards.
(2) The Government of Haiti is making substantial
efforts--
(A) to prevent the involvement of the Haitian
armed forces in human rights abuses and
corruption by removing from those forces and
prosecuting, in accordance with due process,
those military personnel responsible for the
human rights abuses and corruption;
(B) to ensure that freedom of speech and
assembly are respected;
(C) to conduct investigations into the
killings of unarmed civilians in Gonaives,
Martissant, and Fort Dimanche, to prosecute, in
accordance with due process, those responsible
for those killings, and to prevent any similar
occurrences in the future;
(D) to provide education and training to the
Haitian armed forces with respect to
internationally recognized human rights and the
civil and political rights essential to
democracy, in order to enable those forces to
function consistent with those rights; and
(E) to take steps to implement the policy of
the Government of Haiti requiring former
members of the Volunteers for National Security
(VSN) to turn in their weapons and to take the
necessary actions to enforce this requirement.
(c) \5\ * * * [Repealed--1998]
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\5\ Sec. 2219(a)(4) of the Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999 (division G, subdivision B of Public Law
105-277; 112 Stat. 2681), repealed subsec. (c), which had read as
follows:
``(c) Reports.--Not later than three months after the President
submits his certification under subsection (b) and every three months
thereafter, the President shall report to the Congress on the extent to
which the actions of the Government of Haiti are consistent with each
of the objectives specified in subsection (b). Half of the assistance
provided pursuant to subsection (a) shall be withheld from delivery
until the President submits the first such report.''.
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(d) Notification to Congress.--Funds made available
pursuant to subsection (a) may be obligated only if the
Committee on Appropriations and the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Appropriations and the Committee on Foreign Relations of the
Senate are notified fifteen days in advance.
(e) Relation to Existing Provision.--Assistance under
subsection (a) may be provided notwithstanding the limitations
contained in section 705(e) of the International Security and
Development Cooperation Act of 1985 and is in addition to the
assistance allowed under that section.
SEC. 204. RECOVERY BY HAITI OF ASSETS STOLEN BY DUVALIER REGIME.
(a) Findings.--The Congress finds that--
(1) the Government of Haiti believes that former
president-for-life Jean Claude Duvalier and other
individuals associated with the Duvalier regime
illegally diverted to their own use substantial amounts
of the assets of the Government of Haiti:
(2) the Government of Haiti is attempting to locate
and recover those assets through legal means;
(3) virtually every relevant jurisdiction, both in
the United States and abroad, requires the posting of
some form of security to secure the issuance of orders
of attachment or other judicial seizures of property;
(4) the Government of Haiti is unable, without
outside assistance, to post the necessary security
because of its lack of assets;
(5) Haiti's economic situation could be significantly
improved, and the need for external resources reduced,
if the Government of Haiti is able to pursue its legal
remedies against those who are in large part
responsible for the economic crisis in Haiti; and
(6) the United States has a substantial foreign
policy interest in helping the Government of Haiti
recover any assets which were illegally diverted by
those associated with the Duvalier regime.
(b) Actions to Assist Haiti.--The President shall exercise
the authorities granted by section 203 of the International
Emergency Economic Powers Act (50 U.S.C. App. 1702) to assist
the Government of Haiti in its efforts to recover, through
legal proceedings, assets which the Government of Haiti alleges
were stolen by former president-for-life Jean Claude Duvalier
and other individuals associated with the Duvalier regime. This
subsection shall be deemed to satisfy the requirements of
section 202 of that Act.
* * * * * * *
(2) International Security and Development Cooperation Act of 1985
Partial text of Public Law 99-83 [S. 960], 99 Stat. 190, approved
August 8, 1985; as amended by Public Law 99-399 [Omnibus Diplomatic
Security and Antiterrorism Act of 1986, H.R. 4151], 100 Stat. 853,
approved August 27, 1986; Public Law 99-570 [Anti-Drug Abuse Act of
1986, H.R. 5484], 100 Stat. 3207, approved October 27, 1986; Public Law
99-591 [Continuing Appropriations Act, 1987; H.J. Res. 738], 100 Stat.
3341, approved October 30, 1986; Public Law 100-202 [Continuing
Appropriations Act, 1988; H.J. Res. 395], 101 Stat. 1329, approved
December 22, 1987; Public Law 101-246 [Foreign Relations Authorization
Act, Fiscal Years 1990 and 1991; H.R. 3792], 104 Stat. 15, approved
February 16, 1990; Public Law 102-145 [Further Continuing
Appropriations, 1992; H.J. Res. 360], 105 Stat. 968, approved October
28, 1991; Public Law 103-149 [South African Democratic Transition
Support Act of 1993; H.R. 3225], 107 Stat. 1503, approved November 23,
1993; Public Law 103-272 [H.R. 1758], 108 Stat. 745, approved July 5,
1994; and Public Law 105-277 [Departments of Commerce, Justice, and
State, the Judiciary and Related Agencies Appropriations Act, 1999
(division A, sec. 101(b)), and Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999 (division G, subdivision B); H.R. 4328], 112
Stat. 2681, approved October 21, 1998
Note.--Except for the provisions noted below, the
International Security and Development Cooperation Act
of 1985 consists of amendments to the Foreign
Assistance Act of 1961, the Arms Export Control Act,
the Peace Corps Act, Public Law 480, and to several
former foreign aid annual authorization acts. These
amendments are incorporated into the texts of these
Acts at the appropriate locations.
AN ACT To authorize international development and security assistance
programs and Peace Corps programs for fiscal years 1986 and 1987, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``International Security and Development Cooperation Act of
1985''.
* * * * * * *
TITLE I--MILITARY ASSISTANCE AND SALES AND RELATED PROGRAMS
SEC. 101. FOREIGN MILITARY SALES CREDITS.
(a) * * *
(b) * * *
(c) FMS Financing for Israel.--(1) Of the total amount of
credits extended under section 23 of the Arms Export Control
Act, not less than $1,800,000,000 for fiscal year 1986 \1\ and
not less than $1,800,000,000 for fiscal year 1987 \2\ shall be
available only for Israel.
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\1\ Title III of the Foreign Assistance and Related Programs
Appropriations Act, 1986 (sec. 101(i) of the Further Continuing
Appropriations Act, 1986; Public Law 99-190; 99 Stat. 1301), provided
that ``not less than $1,800,000,000 shall be available only for
Israel.''. The Act further provided that: ``if the Government of Israel
requests that funds be used for such purposes, up to $150,000,000 of
the amount of credits made available for Israel pursuant to this
paragraph shall be available for research and development in the United
States for the Lavi program, and not less than $300,000,000 shall be
for the procurement in Israel of defense articles and services,
including research and development, for the Lavi program and other
activities if requested by Israel * * *''.
\2\ The Foreign Assistance and Related Programs Appropriations Act,
1987 (sec. 101(f) of the Continuing Appropriations Act, 1987; Public
Law 99-591; 100 Stat. 3341-224), contained language identical to that
cited in note 1 and provided further:
``That funds for the Lavi program shall be expended upon the
Department of Defense's determination that the proposed contracts meet
application technical standards: Provided further, That during fiscal
year 1987, gross obligations for the principal amount of direct loans,
exclusive of loan guarantee defaults, shall not exceed $4,040,441,284:
Provided further, That any funds made available by this paragraph,
other than funds made available for Israel and Egypt, may be made
available at concessional rates of interest, notwithstanding section
31(b)(2) of the Arms Export Control Act''.
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(2) Israel shall be released from its contractual liability
to repay the United States Government with respect to the
credits provided pursuant to paragraph (1).
(3) If the Government of Israel requests that funds be used
for such purposes--
(A) up to $150,000,000 of the amount of credits made
available for Israel pursuant to paragraph (1) for each
of the fiscal years 1986 and 1987 shall be available
for research and development in the United States for
the Lavi \1\ program, and
(B) not less than $250,000,000 of the amount of
credits made available for Israel pursuant to paragraph
(1) for each of the fiscal years 1986 and 1987 shall be
available for the procurement in Israel of defense
articles and defense services (including research and
development) for the Lavi \1\ program.
(d) FMS Financing for Egypt.--(1) Of the total amount of
credits extended under section 23 of the Arms Export Control
Act, not less than $1,300,000,000 for fiscal year 1986 \3\ and
not less than $1,300,000,000 for fiscal year 1987 shall be
available only for Egypt.
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\3\ Title III of the Foreign Assistance and Related Programs
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
1302), provided an appropriation of $1,300,000,000 for Egypt, as did
title III of the 1987 Act (Public Law 99-591; 100 Stat. 3341-224).
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(2) Egypt shall be released from its contractual liability
to repay the United States Government with respect to the
credits extended pursuant to paragraph (1).
(e) FMS Financing for Greece.--(1) Of the total amount of
credits extended under section 23 of the Arms Export Control
Act, $500,000,000 for each of the fiscal years 1986 \4\ and
1987 shall be available only for Greece.
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\4\ Title III of the Foreign Assistance and Related Programs
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
1302), provided $450,000,000 for Greece; the 1987 Act (Public Law 99-
591; 100 Stat. 3341-225) appropriated $343,000,000 for Greece.
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(2) For each of the fiscal years 1986 and 1987, of the
total amount of credits extended for Greece under section 23 of
the Arms Export Control Act, Greece shall receive the same
proportion of credits extended at concessional rates of
interest as the proportion of credits extended at concessional
rates of interest which Turkey receives out of the total amount
of credits extended for Turkey under that section, and the
average annual rate of interest on the credits extended for
Greece at concessional rates of interest shall be comparable to
the average annual rate of interest on the credits extended for
Turkey at concessional rates of interest. Credits extended for
Greece for each of the fiscal years 1986 and 1987 at
concessional rates of interest shall not be counted toward any
ceiling established by law on concessional financing under the
Arms Export Control Act.
(f) FMS Financing and MAP for Turkey.--For each of the
fiscal years 1986 \5\ and 1987, the aggregate total of
financing under the Arms Export Control Act and assistance
under chapter 2 of part II of the Foreign Assistance Act of
1961 provided for Turkey may not exceed $714,280,000. Of this
amount, up to $215,000,000 may be used for assistance under
chapter 2 of part II of the Foreign Assistance Act of 1961,
with the understanding that the United States Government is
acting with urgency and determination to oppose any actions
aimed at effecting a permanent bifurcation of Cyprus.
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\5\ Title III of the Foreign Assistance and Related Programs
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
1302), provided Foreign Military Sales appropriation of $427,852,000
for Turkey; the 1987 Act (Public Law 99-591; 100 Stat. 3341-225)
appropriated $490,000 for Turkey.
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* * * * * * *
SEC. 106. GUARANTY RESERVE FUND.
(a) Report on Replenishment.--For the purpose of providing
recommendations for improving the security interests of the
United States and the friends and allies of the United States,
the President shall prepare and transmit to the Congress within
90 days after the date of enactment of this Act a report which
sets forth the history of United States foreign military sales
financing under the Foreign Assistance Act of 1961 and the Arms
Export Control Act. Such report shall include recommendations
on replenishing the Guaranty Reserve Fund under section 24 of
the Arms Export Control Act and recommendations on other
matters agreed to in consultation with the chairman and ranking
minority member of the Committee on Foreign Relations of the
Senate and of the Committee on Foreign Affairs of the House of
Representatives.
* * * * * * *
SEC. 129.\6\ CONVENTIONAL ARMS TRANSFERS.
(a) Negotiations.--At the earliest possible date, the
President should, in consultation with United States allies,
initiate discussions with the Soviet Union and France aimed at
beginning multilateral negotiations to limit and control the
transfer of conventional arms to less developed countries.
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\6\ 22 U.S.C. 2751 note.
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(b) Report.--Within one year after the date of enactment of
this Act, the President shall submit to the Speaker of the
House of Representatives and the chairman of the Committee on
Foreign Relations of the Senate a report which specifies steps
being taken to fulfill the requirements of subsection (a) and
which examines and analyzes United States policies concerning
the export of conventional arms, especially sophisticated
weapons, and possible approaches to developing multilateral
limitations on conventional arms sales. This report shall
examine and analyze--
(1) the lessons of earlier efforts to negotiate
restraints on the export of conventional arms;
(2) the evolution of supplier practices and policies;
(3) the evolution of recipient country attitudes
regarding conventional arms transfers;
(4) the effect upon regional stability and security
of conventional arms transfer by the United States and
its allies and the Soviet Union and its allies;
(5) the relationship between arms imports and the
external debt of recipient countries, the allocation of
their internal resources, and their economic well-
being;
(6) the relationship between arms exports by Western
European countries and the needs of those countries to
support their domestic military procurement programs;
(7) the prospects for engaging the Soviet Union in
serious discussions concerning arms transfers, both
globally and as they relate to regional security
problems;
(8) possible measures by the United States and
Western European suppliers to control levels of
sophisticated weapons sales, both regionally and
globally; and
(9) the timing and phasing of international
conventional arms control negotiations.
SEC. 130.\7\ FOREIGN MILITARY SALES FOR JORDAN.
(a) Middle East Peace.--The foreign military sales
financing authorized by this Act for Jordan is provided and
increased in the recognition of progress Jordan has made in the
search for a just and lasting peace in the Middle East, to
encourage further progress, in recognition of the continuing
defense needs of Jordan, and in the expectation that Jordan
will enter into direct negotiations with Israel based on United
Nations Security Council Resolutions 242 and 338 in order to
resolve the state of war between those two countries.
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\7\ Similar language enacted in sec. 545 of the Foreign Assistance
and Related Programs Appropriations Act, 1986 (sec. 101(i) of Public
Law 99-190; 99 Stat. 1311).
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(b) Sense of Congress.--It is the sense of the Congress
that no foreign military sales financing authorized by this Act
may be used to finance the procurement by Jordan of United
States advanced aircraft, new air defense weapons systems, or
other new advanced military weapons systems, and no
notification may be made pursuant to section 36(b) of the Arms
Export Control Act with respect to a proposed sale to Jordan of
United States advanced aircraft, new air defense systems, or
other new advanced military weapons systems, unless Jordan is
publicly committed to the recognition of Israel and to
negotiate promptly and directly with Israel under the basic
tenets of United Nations Security Council Resolutions 242 and
338.
(c) \8\ Certification.--Any notification made pursuant to
section 36(b) of the Arms Export Control Act with respect to a
proposed sale to Jordan of United States advanced aircraft, new
air defense systems, or other new advanced military weapons,
shall be accompanied by a Presidential certification of
Jordan's public commitment to the recognition of Israel and to
negotiate promptly and directly with Israel under the basic
tenets of United Nations Security Council Resolutions 242 and
338.
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\8\ On June 23, 1995, the President certified ``that Jordan is
publicly committed to the recognition of Israel and to negotiate [sic]
promptly and directly with Israel under basic tenets of United Nations
Security Council Resolutions 242 and 338.'' (Presidential Determination
No. 95-27; 60 F.R. 35461).
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SEC. 131. CERTIFICATION CONCERNING AWACS SOLD TO SAUDI ARABIA.
(a) The President's 1981 AWACS Communication to the
Senate.--(1) The Congress finds that in his October 28, 1981,
communication to the Senate concerning the proposed sale of
AWACS aircraft and F15 enhancement items to Saudi Arabia which
was then being reviewed by the Congress (hereafter in this
section referred to as the ``1981 AWACS communication''), the
President stated the following:
``Transfer of the AWACS will take place . . . only
after the Congress has received in writing a
Presidential certification, containing agreements with
Saudi Arabia, that the following conditions have been
met:
``1. Security of Technology
``A. That a detailed plan for the security of
equipment, technology, information, and supporting
documentation has been agreed to by the United States
and Saudi Arabia and is in place; and
``B. The security provisions are no less stringent
than measures employed by the U.S. for protection and
control of its equipment of like kind outside the
continental U.S.; and
``C. The U.S. has the right of continual on-site
inspection and surveillance by U.S. personnel of
security arrangements for all operations during the
useful life of the AWACS. It is further provided that
security arrangements will be supplemented by
additional U.S. personnel if it is deemed necessary by
the two parties; and
``D. Saudi Arabia will not permit citizens of third
nations either to perform maintenance on the AWACS or
to modify any such equipment without prior, explicit
mutual consent of the two governments; and
``E. Computer software, as designated by the U.S.
Government, will remain the property of the USG.
``2. Access to Information
``That Saudi Arabia has agreed to share with the
United States continuously and completely the
information that it acquires from use of the AWACS.
``3. Control Over Third-Country Participation
``A. That Saudi Arabia has agreed not to share access
to AWACS equipment, technology, documentation, or any
information developed from such equipment or technology
with any nation other than the U.S. without the prior,
explicit mutual consent of both governments; and
``B. There are in place adequate and effective
procedures requiring the screening and security
clearance of citizens of Saudi Arabia and that only
cleared Saudi citizens and cleared U.S. nationals will
have access to AWACS equipment, technology, or
documentation, or information derived therefrom,
without the prior, explicit mutual consent of the two
governments.
``4. AWACS Flight Operations
``That the Saudi AWACS will be operated solely within
the boundaries of Saudi Arabia, except with the prior,
explicit mutual consent of the two governments, and
solely for defensive purposes as defined by the United
States, in order to maintain security and regional
stability.
``5. Command Structure
``That agreements as they concern organizational
command and control structure for the operation of
AWACS are of such a nature to guarantee that the
commitments above will be honored.
``6. Regional Peace and Security
``That the sale contributes directly to the stability
and security of the area, enhances the atmosphere and
prospects for progress toward peace, and that
initiatives toward the peaceful resolution of disputes
in the region have either been successfully completed
or that significant progress toward that goal has been
accomplished with the substantial assistance of Saudi
Arabia.''.
(2) The Congress finds that the President also stated in
the 1981 AWACS communications that should circumstances arise
that might require changes in the arrangements described in
that communication, ``they would be made only with
Congressional participation''.
(b) Requirement for Presidential Certification.--As
provided in the 1981 AWACS communication, before the E3A
airborne warning and control system (AWACS) aircraft which were
the subject of that communication are transferred to Saudi
Arabia, the President shall submit to the Congress a written
Presidential certification, containing agreements with Saudi
Arabia, that the conditions set forth in that communication
have been met.
(c) Congressional Participation in Changes in AWACS
Arrangements.--In order to facilitate the congressional
participation provided for in the 1981 AWACS communication, the
President shall notify the Congress promptly of any changes
being considered by the United States in the arrangements
described in that communication.
SEC. 132. COOPERATIVE AGREEMENTS ON AIR DEFENSE IN CENTRAL EUROPE.
(a) General Authorities.--The Secretary of Defense may
carry out the European air defense agreements. In carrying out
those agreements, the Secretary--
(1) may provide without monetary charge to the
Federal Republic of Germany articles and services as
specified in the agreements; and
(2) may accept from the Federal Republic of Germany
(in return for the articles and services provided under
paragraph (1)) articles and services as specified in
the agreements.
(b) Special Authorities.--In connection with the
administration of the European air defense agreements, the
Secretary of Defense may--
(1) waive any surcharge for administrative services
otherwise chargeable under section 21(e)(1)(A) of the
Arms Export Control Act;
(2) waive any charge not otherwise waived for
services associated with contract administration for
the sale under the Arms Export Control Act of Patriot
air defense missile fire units to the Federal Republic
of Germany contemplated in the agreements;
(3) use, to the extent contemplated in the
agreements, the NATO Maintenance and Supply Agency--
(A) for the supply of logistical support in
Europe for the Patriot missile system, and
(B) for the acquisition of such logistical
support,
to the extent that the Secretary determines that the
procedures of that Agency governing such supply and
acquisition are appropriate;
(4) share, to the extent contemplated in the
agreements, the costs of setup charges of facilities
for use by that Agency to perform depot-level support
of Patriot missile fire units in Europe; and
(5) delivery to the Federal Republic of Germany one
Patriot missile fire unit configured for training, to
be purchased by the Federal Republic of Germany under
the Arms Export Control Act as contemplated in the
agreements, without regard to the requirement in
section 22 of that Act for payment in advance of
delivery for any purchase under that Act.
(c) Rate Charged for Certain Services.--Notwithstanding the
rate required to be charged under section 21 of the Arms Export
Control Act for services furnished by the United States, in the
case of 14 Patriot missile fire units which the Federal
Republic of Germany purchases from the United States under the
Arms Export Control Act as contemplated in the European air
defense agreements, the rate charged by the Secretary of
Defense for packing, crating, handling, and transportation
services associated with that purchase may not exceed the
established Department of Defense rate for such services.
(d) Limitation on Contract Authority.--The authority of the
Secretary of Defense to enter into contracts under the European
air defense agreements is available only to the extent that
appropriated funds, other than those made available under
section 31 of the Arms Export Control Act, are available for
that purpose.
(e) Relation to Fiscal Year 1985 Authorization.--The
authorities provided by this section are an extension of, and
not in addition to, the authorities provided by section 1007 of
the Department of Defense Authorization Act, 1985 (98 Stat.
2579), relating to the authority of the Secretary of Defense to
carry out the European air defense agreements during fiscal
year 1985.
(f) Definition of European Air Defense Agreements.--For the
purposes of this section, the term ``European air defense
agreements'' means--
(1) the agreement entitled ``Agreement between the
Secretary of Defense of the United States of America
and the Minister of Defense of the Federal Republic of
Germany on Cooperative Measures for Enhancing Air
Defense for Central Europe'', signed on December 6,
1983; and
(2) the agreement entitled ``Agreement between the
Secretary of Defense of the United States of America
and the Minister of Defense of the Federal Republic of
Germany in implementation of the 6 December 1983
Agreement on Cooperative Measures for Enhancing Air
Defense for Central Europe'', signed on July 12, 1984.
TITLE II--ECONOMIC SUPPORT FUND
* * * * * * *
SEC. 202. ASSISTANCE FOR THE MIDDLE EAST.
(a) Israel.\9\, \10\--(1) Of the amounts
authorized to be appropriated to carry out chapter 4 of part II
of the Foreign Assistance Act of 1961, not less than
$1,200,000,000 for fiscal year 1986 \11\ and not less than
$1,200,000,000 for fiscal year 1987 shall be available only for
Israel.
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\9\ Title II of the Foreign Assistance and Related Programs
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190), contained
the following:
``That it is the sense of the Congress that the recommended levels
of assistance for Egypt and Israel are based in great measure upon
their continued participation in the Camp David Accords and upon the
Egyptian-Israeli peace treaty; and that Egypt and Israel are urged to
continue their efforts to restore a full diplomatic relationship,
including ambassadors, and achieve realization of the Camp David
Accords.''.
Identical language was contained in title II of the 1987 Act
(Public Law 99-591; 100 Stat. 3341-221).
\10\ Sec. 532 of the Foreign Assistance and Related Programs
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
1308), provided the following:
``Sec. 532. The Congress finds that progress on the peace process
in the Middle East is vitally important to United States security
interests in the region. The Congress recognizes that, in fulfilling
its obligations under the Treaty of Peace Between the Arab Republic of
Egypt and the State of Israel, done at Washington on March 26, 1979,
Israel incurred severe economic burdens. Furthermore, the Congress
recognizes that an economically and militarily secure Israel serves the
security interests of the United States, for a secure Israel is an
Israel which has the incentive and confidence to continue pursuing the
peace process. Therefore, the Congress declares that it is the policy
and the intention of the United States that the funds provided in
annual appropriations for the Economic Support Fund which are allocated
to Israel shall not be less than the annual debt repayment (interest
and principal) from Israel to the United States Government in
recognition that such a principle serves United States interests in the
region.''.
Sec. 531 of the 1987 Act (Public Law 99-591; 100 Stat. 3341-231),
contained identical language to sec. 532 above.
\11\ Title II of the Foreign Assistance and Related Programs
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
1298), provided appropriations for the Economic Support Fund:
``* * * not less than $1,200,000,000 shall be available only for
Israel, which sum shall be available on a grant basis as a cash
transfer and shall be disbursed within 30 days of enactment of this Act
or by October 31, 1985, whichever is later * * *.''.
Title II of the 1987 Act (Public Law 99-591; 100 Stat. 3341-220)
contained identical language to that above except that the amount is
``$1,200,000,000'', and the date is ``October 31, 1986''.
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(2) The total amounts of funds allocated for Israel under
that chapter for fiscal year 1986 and fiscal year 1987 shall be
made available as a cash transfer on a grant basis. Such
transfer shall be made on an expedited basis in the first 30
days of the respective fiscal year. In exercising the authority
of this paragraph, the President shall ensure that the level of
cash transfer made to Israel does not cause an adverse impact
on the total level of nonmilitary exports from the United
States to Israel.
(b) Egypt.--(1) Of the amounts authorized to be
appropriated to carry out chapter 4 of part II of the Foreign
Assistance Act of 1961, not less than $815,000,000 for fiscal
year 1986 \12\ and not less than $815,000,000 for fiscal year
1987 shall be available only for Egypt.
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\12\ Title II of the Foreign Assistance and Related Programs
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
1298), provided the following for Economic Support Fund for Egypt:
``not less than $815,000,000 shall be available only for Egypt,
which sum shall be provided on a grant basis, of which not less than
$115,000,000 shall be provided as a cash transfer in accordance with
the provisions of section 202(b) of Public Law 99-83, and not less than
$200,000,000 shall be provided as a Commodity Import Program:''.
Title II of the 1987 Act (Public Law 99-591; 100 Stat. 3341-220)
contained identical language, as well as the following:
``* * * Provided further, That notwithstanding any other provision
of law, the Agency for International Development is authorized to
obligate such funds as it deems necessary in excess of $115,000,000
from the funds appropriated for assistance to Egypt for the fiscal year
1987 as direct cash transfer for Egypt: Provided further, That such
obligations in excess of $115,000,000 shall only be made in support of
the implementation of a comprehensive structural economic reform
program by the Government of Egypt: Provided further, That all such
cash transfers in excess of $115,000,000 shall be subject to the
regular notification procedures of the Committee on Foreign Affairs of
the House of Representatives, the Committee on Foreign Relations of the
Senate, and the Appropriations Committee of the House and Senate:
Provided further, That such notifications for the provision of cash
transfers in excess of $115,000,000 shall include detailed descriptions
of the comprehensive structural economic reform program of the
Government of Egypt: Provided further, That if the Agency for
International Development obligates cash transfer assistance for Egypt
exceeding $115,000,000, as permitted above, then such increased funding
shall be derived through proportionate reductions in both the Commodity
Import Program and project assistance: Provided further, That it is the
sense of the Congress that the recommended levels of assistance for
Egypt and Israel are based in great measure upon their continued
participation in the Camp David Accords and upon the Egyptian-Israeli
peace treaty; and that Egypt and Israel are urged to continue their
efforts to restore a full diplomatic relationship, including
ambassadors, and achieve realization of the Camp David Accords: * *
*''.
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(2) All of the funds made available to Egypt under that
chapter for the fiscal years 1986 and 1987 shall be provided on
a grant basis.
(3) Up to $115,000,000 of the amounts provided for Egypt
for each of the fiscal years 1986 and 1987 pursuant to
paragraph (1) may be provided as a cash transfer with the
understanding that Egypt will undertake economic reforms or
development activities which are additional to those which
would be undertaken in the absence of the cash transfer.
(c) Cooperative Scientific and Technological Projects.--It
is the sense of the Congress that, in order to continue to
build the structure of peace in the Middle East, the United
States should finance, and where appropriate participate in,
cooperative projects of a scientific and technological nature
involving Israel and Egypt and other Middle East countries
wishing to participate. These cooperative projects should
include projects in the fields of agriculture, health, energy,
the environment, education, water resources, and the social
sciences.
SEC. 203. ASSISTANCE FOR CYPRUS.
(a) Earmarks.--Of the amounts authorized to be appropriated
to carry out chapter 4 of part II of the Foreign Assistance Act
of 1961, not less than $15,000,000 for fiscal year 1986 \13\
and not less than $15,000,000 for fiscal year 1987 shall be
available only for Cyprus.
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\13\ Title II of the Foreign Assistance and Related Programs
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190), provided
the following for Economic Support Fund for Cyprus for FY 1986:
``* * * of the funds appropriated or otherwise made available under
this heading, $15,000,000 shall be available only for Cyprus (except
that any offshore procurement must meet Agency for International
Development procurement source and origin regulations)''.
Title II of the 1987 Act (Public Law 99-591; 100 Stat. 3341-221)
provided: ``That not less than $15,000,000 of the funds appropriated
under this paragraph shall be available for Cyprus''.
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(b) Cyprus Peace and Reconstruction Fund.--It is the sense
of the Congress that, at the appropriate time, $250,000,000
should be authorized to be appropriated to provide assistance
for Cyprus under chapter 4 of part II of the Foreign Assistance
Act of 1961 if the President certifies to the Congress that an
agreement has been concluded by the Greek and Turkish Cypriots
which is supported by Greece and Turkey and which achieves
substantial progress toward settlement of the Cyprus dispute.
Such an agreement should include an agreement on Varosha/
Famagusta, foreign troop levels in the Republic of Cyprus, the
disposition of the international airport on Cyprus, or other
significant steps which are evidence of substantial progress
toward an overall settlement of the Cyprus dispute.
SEC. 204. ASSISTANCE FOR PORTUGAL.
Of the amounts authorized to be appropriated to carry out
chapter 4 of part II of the Foreign Assistance Act of 1961,
$80,000,000 for fiscal year 1986 and $80,000,000 for fiscal
year 1987 shall be available only for Portugal.
SEC. 205. ACQUISITION OF AGRICULTURAL COMMODITIES UNDER COMMODITY
IMPORT PROGRAMS.
The President shall use not less than 18 percent of the
funds which are authorized to be appropriated to carry out
chapter 4 of part II of the Foreign Assistance Act of 1961 for
each of the fiscal years 1986 and 1987, and which are made
available for commodity import programs, for the purchase of
agricultural commodities of United States-origin.
SEC. 206. TIED AID CREDIT PROGRAM.
Of the amounts authorized to be appropriated to carry out
chapter 4 of part II of the Foreign Assistance Act of 1961
which are allocated for Commodity Import Programs--
(1) not less than $50,000,000 for fiscal year 1986,
and
(2) an aggregate of not less than $100,000,000 for
both fiscal years 1986 and 1987,
shall be deposited in the fund authorized by subsection (c)(2)
of section 645 of the Trade and Development Enhancement Act of
1983 (12 U.S.C. 635r) and shall be used by the Agency for
International Development in carrying out the program of tied
aid credits for United States exports which is provided for in
that section. Funds that have not been obligated pursuant to
the tied aid credit program by the end of the third quarter of
the fiscal year for which they were appropriated may be used
for other purposes under chapter 4 of part II of the Foreign
Assistance Act of 1961 if the Administrator of the Agency for
International Development certifies to the Congress that (A) no
trade credit application acceptable and timely under the Trade
and Development Enhancement Act of 1983 is pending, or (B)
those funds are not needed for that program because other
countries are not engaging in predatory financing practices in
order to compete with United States exports.
SEC. 207. RESTRICTION ON USE OF FUNDS FOR NUCLEAR FACILITIES.
Funds authorized to be appropriated to carry out chapter 4
of part II of the Foreign Assistance Act of 1961 for fiscal
year 1986 or fiscal year 1987 may not be used to finance the
construction of, the operation or maintenance of, or the
supplying of fuel for, any nuclear facility in a foreign
country unless the President certifies to the Congress that
such country is a party to the Treaty on the Non-Proliferation
of Nuclear Weapons or the Treaty for the Prohibition of Nuclear
Weapons in Latin America (the ``Treaty of Tlatelolco''),
cooperates fully with the International Atomic Energy Agency,
and pursues nonproliferation policies consistent with those of
the United States.
SEC. 208. FISCAL YEAR 1985 SUPPLEMENTAL AUTHORIZATION.
(a) Authorization.--In addition to the amount appropriated
for such purpose by Public Law 98-473, there are authorized to
be appropriated $2,008,000,000 for fiscal year 1985 to carry
out the purposes of chapter 4 of part II of the Foreign
Assistance Act of 1961. Of this amount, $1,500,000,000 shall be
available only for Israel, $500,000,000 shall be available only
for Egypt, and $8,000,000 shall be available only for the
Middle East Regional Program. Amounts appropriated pursuant to
this section are authorized to remain available until September
30, 1986.
(b) Effective Date.--This section shall take effect on the
date of enactment of this Act.
TITLE III--DEVELOPMENT ASSISTANCE
* * * * * * *
SEC. 305. PROMOTION OF IMMUNIZATION AND ORAL REHYDRATION.
(a) * * *
(b) Annual Reports.--Each annual report required by section
634 of the Foreign Assistance Act of 1961 shall describe the
progress achieved during the preceding fiscal year in carrying
out section 104(c)(3) of such Act.
* * * * * * *
SEC. 311.\14\ USE OF PRIVATE AND VOLUNTARY ORGANIZATIONS, COOPERATIVES,
AND THE PRIVATE SECTOR.
(a) Study.--The Administrator of the Agency for
International Development shall undertake a comprehensive study
of additional ways to provide development assistance through
nongovernmental organizations, including United States and
indigenous private and voluntary organizations, cooperatives,
the business community, and other private entities. Such study
shall include--
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\14\ 22 U.S.C. 2151u note.
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(1) an analysis of the percentage of development
assistance allocated to governmental and
nongovernmental programs;
(2) an analysis of structural impediments, within
both the United States and foreign governments, to
additional use of nongovernmental programs; and
(3) an analysis of the comparative economic benefits
of governmental and nongovernmental programs.
(b) Report.--The Administrator shall report the results of
this study to the Congress no later than September 30, 1986.
* * * * * * *
SEC. 315. MINORITY SET-ASIDE.
Except to the extent that the Administrator of the Agency
for International Development determines otherwise, not less
than 10 percent of the aggregate of the funds made available
for each of the fiscal years 1986 and 1987 to carry out chapter
1 of part I of the Foreign Assistance Act of 1961 shall be made
available only for activities of economically and socially
disadvantaged enterprises (within the meaning of section
133(c)(5) of the International Development and Food Assistance
Act of 1977), historically black colleges and universities, and
private and voluntary organizations which are controlled by
individuals who are black Americans, Hispanic Americans, or
Native Americans, or who are economically and socially
disadvantaged (within the meaning of section 133(c)(5) (B) and
(C) of the International Development and Food Assistance Act of
1977). For purposes of this section, economically and socially
disadvantaged individuals shall be deemed to include women.
TITLE IV--OTHER FOREIGN ASSISTANCE PROGRAMS
* * * * * * *
SEC. 402. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS AND
PROGRAMS.
(a) * * *
(b) Fiscal Year 1985 Contribution to United Nations
Environment Program.--Notwithstanding section 614 of the
Foreign Assistance Act of 1961 or any other provision of law,
$10,000,000 \15\ of the funds appropriated for the fiscal year
1985 to carry out chapter 3 of part I of such Act shall be
available only for the United Nations Environment Program. This
subsection shall take effect on the date of enactment of this
Act.
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\15\ Title I of the Foreign Assistance and Related Programs
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
1294), made available $9,000,000.
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* * * * * * *
TITLE V--INTERNATIONAL TERRORISM AND FOREIGN AIRPORT SECURITY
Part A--International Terrorism Generally \16\
* * * * * * *
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\16\ Title II of the Foreign Assistance and Related Programs
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
1300), appropriated $7,420,000 for anti-terrorism assistance for FY
1986.
Title II of the 1987 Act (Public Law 99-591; 100 Stat. 3341-223)
provided the following:
---------------------------------------------------------------------------
``anti-terrorism assistance
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of chapter 8
of part II, $9,840,000.''.
In addition, Title I, chapter V of the Urgent Supplemental
Appropriations Act, 1986 (Public Law 99-349; 100 Stat. 725), provided
the following:
---------------------------------------------------------------------------
``Department of State
``anti-terrorism assistance (transfers of funds)
---------------------------------------------------------------------------
``For an additional amount to carry out the provisions of chapter 8
of part II of the Foreign Assistance Act of 1961, $2,739,000, to be
derived by transfer from any of the funds appropriated or otherwise
made available in titles I, II, III, and IV of the Foreign Assistance
and Related Programs Appropriations Act, 1986 (as enacted in Public Law
99-190).''.
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SEC. 502. COORDINATION OF ALL UNITED STATES TERRORISM-RELATED \17\
ASSISTANCE TO FOREIGN COUNTRIES.
(a) Coordination.--The Secretary of State shall be
responsible for coordinating all assistance related to
international terrorism \17\ which is provided by the United
States Government.
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\17\ Sec. 503 of Public Law 99-399 (100 Stat. 871) inserted
references to ``terrorism-related'' or ``related to international
terrorism'' in lieu of references to ``anti-terrorism''.
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(b) Reports.--Not later than February 1 each year, the
Secretary of State, in consultation with appropriate United
States Government agencies, shall report to the appropriate
committees of the Congress on the assistance related to
international terrorism \17\ which was provided by the United
States Government during the preceding fiscal year. Such
reports may be provided on a classified basis to the extent
necessary, and shall specify the amount and nature of the
assistance provided.
(c) \18\ Rule of Construction.--Nothing contained in this
section shall be construed to limit or impair the authority or
responsibility of any other Federal agency with respect to law
enforcement, domestic security operations, or intelligence
activities as defined in Executive Order 12333.\19\
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\18\ Sec. 503 of Public Law 99-399 (100 Stat. 871) added subsec.
(c).
\19\ For text, see Legislation on Foreign Relations Through 2008,
vol. II-A.
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SEC. 503.\20\ PROHIBITION ON ASSISTANCE TO COUNTRIES SUPPORTING
INTERNATIONAL TERRORISM. * * *
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\20\ Sec. 503(a) amended sec. 620A of the FAA of 1961. Sec. 503(b)
amended sec. 3(f) of the AECA.
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SEC. 504. PROHIBITION ON IMPORTS FROM AND EXPORTS TO LIBYA.
(a) Prohibition on Imports.--Notwithstanding any other
provision of law, the President may prohibit any article grown,
produced, extracted, or manufactured in Libya from being
imported into the United States.
(b) Prohibition on Exports.--Notwithstanding any other
provision of law, the President may prohibit any goods or
technology, including technical data or other information,
subject to the jurisdiction of the United States or exported by
any person subject to the jurisdiction of the United States,
from being exported to Libya.
(c) Definition.--For purposes of this section, the term
``United States'', when used in a geographical sense, includes
territories and possessions of the United States.
SEC. 505.\21\ BAN ON IMPORTING GOODS AND SERVICES FROM COUNTRIES
SUPPORTING TERRORISM.
(a) Authority.--The President may ban the importation into
the United States of any good or service from any country which
supports terrorism or terrorist organizations or harbors
terrorists or terrorist organizations.
---------------------------------------------------------------------------
\21\ 22 U.S.C. 2349aa-9.
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(b) Consultation.--The President, in every possible
instance, shall consult with the Congress before exercising the
authority granted by this section and shall consult regularly
with the Congress so long as that authority is being exercised.
(c) Reports.--Whenever the President exercises the
authority granted by this section, he shall immediately
transmit to the Congress a report specifying--
(1) The country with respect to which the authority
is to be exercised and the imports to be prohibited;
(2) the circumstances which necessitate the exercise
of such authority;
(3) why the President believes those circumstances
justify the exercise of such authority; and
(4) why the President believes the prohibitions are
necessary to deal with those circumstances.
At least once during each succeeding 6-month period after
transmitting a report pursuant to this subsection, the
President shall report to the Congress with respect to the
actions taken, since the last such report, pursuant to this
section and with respect to any changes which have occurred
concerning any information previously furnished pursuant to
this subsection.
(d) Definition.--For purposes of this section, the term
``United States'' includes territories and possessions of the
United States.
SEC. 506. INTERNATIONAL ANTI-TERRORISM COMMITTEE.
The Congress calls upon the President to seek the
establishment of an international committee, to be known as the
International Anti-Terrorism Committee, consisting of
representatives of the member countries of the North Atlantic
Treaty Organization, Japan, and such other countries as may be
invited and may choose to participate. The purpose of the
Committee should be to focus the attention and secure the
cooperation of the governments and the public of the
participating countries and of other countries on the problems
and responses to international terrorism, by serving as a forum
at both the political and law enforcement levels.
SEC. 507. INTERNATIONAL TERRORISM CONTROL TREATY.
It is the sense of the Congress that the President should
establish a process by which democratic and open societies of
the world, which are those most plagued by terrorism, negotiate
a viable treaty to effectively prevent and respond to terrorist
attacks. Such a treaty should incorporate an operative
definition of terrorism, and should establish effective close
intelligence-sharing, joint counterterrorist training, and
uniform laws on asylum, extradition, and swift punishment for
perpetrators of terrorism. Parties to such a treaty should
include, but not be limited to, those democratic nations who
are most victimized by terrorism.
SEC. 508. STATE TERRORISM.
It is sense of the Congress that all civilized nations
should firmly condemn the increasing use of terrorism by
certain states as an official instrument for promoting their
policy goals, as evidenced by such examples as the brutal
assassination of Major Arthur D. Nicholson, Junior, by a member
of the Soviet armed forces.
Part B--Foreign Airport Security
SEC. 551. SECURITY STANDARDS FOR FOREIGN AIR TRANSPORTATION.
(a) \22\ Security at Foreign Airports.--* * * [Repealed--
1994]
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\22\ Sec. 7(b) of Public Law 103-272 (108 Stat. 1379) repealed sec.
551(a) and (b), which enacted an amendment to sec. 1115 of the Federal
Aviation Act of 1958, and related amendments, concerning security
standards in foreign air transportation, codified at 49 U.S.C. App.
1515.
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(b) Conforming Amendments.--* * * [Repealed--1994]
(c) Closing of Beirut International Airport.--It is the
sense of the Congress that the President is urged and
encouraged to take all appropriate steps to carry forward his
announced policy of seeking the effective closing of the
international airport in Beirut, Lebanon, at least until such
time as the Government of Lebanon has instituted measures and
procedures designed to prevent the use of that airport by
aircraft hijackers and other terrorists in attacking civilian
airlines or their passengers, hijacking their aircraft, or
taking or holding their passengers hostage.
SEC. 552.\23\ * * * [REPEALED--1994]
SEC. 553.\24\ * * * [REPEALED--1994]
SEC. 554. ENFORCEMENT OF INTERNATIONAL CIVIL AVIATION ORGANIZATION
STANDARDS.
The Secretary of State and the Secretary of Transportation,
jointly, shall call on the member countries of the
International Civil Aviation Organization to enforce that
Organization's existing standards and to support United States
actions enforcing such standards.
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\23\ Formerly at 49 U.S.C. app. 1515a. Sec. 7(b) of Public Law 103-
272 (108 Stat. 1379) repealed sec. 552, which related to travel
advisories and suspension of foreign assistance.
\24\ Formerly at 49 U.S.C. app. 1356b. Sec. 7(b) of Public Law 103-
272 (108 Stat. 1379) repealed sec. 553, which related to the U.S.
airmarshal program
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SEC. 555. INTERNATIONAL CIVIL AVIATION BOYCOTT OF COUNTRIES SUPPORTING
INTERNATIONAL TERRORISM.
It is the sense of the Congress that the President--
(1) should call for an international civil aviation
boycott with respect to those countries which the
President determines--
(A) grant sanctuary from prosecution to any
individual or group which has committed an act
of international terrorism, or
(B) otherwise support international
terrorism; and
(2) should take steps, both bilateral and
multilateral, to achieve a total international civil
aviation boycott with respect to those countries.
SEC. 556.\25\ * * * [REPEALED--1994]
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\25\ Formerly 49 U.S.C. app. 1515 note. Sec. 7(b) of Public Law
103-272 (108 Stat. 1379) repealed sec. 556, which related to
multilateral and bilateral agreements with respect to aircraft
sabotage, aircraft hijacking, and airport security.
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SEC. 557. RESEARCH ON AIRPORT SECURITY TECHNIQUES FOR DETECTING
EXPLOSIVES.
In order to improve security at international airports,
there are authorized to be appropriated to the Secretary of
Transportation from the Airport and Airway Trust Fund (in
addition to amounts otherwise available for such purpose)
$5,000,000, without fiscal year limitation, to be used for
research on and the development of airport security devices or
techniques for detecting explosives.
SEC. 558. HIJACKING OF TWA FLIGHT 847 AND OTHER ACTS OF TERRORISM.
The Congress joins with all Americans in celebrating the
release of the hostages taken from Trans World Airlines flight
847. It is the sense of the Congress that--
(1) purser Uli Derickson, pilot John Testrake, co-
pilot Philip Maresca, flight engineer Benjamin
Zimmermann, and the rest of the crew of Trans World
Airlines flight 847 displayed extraordinary valor and
heroism during the hostages' ordeal and therefore
should be commended;
(2) the hijackers who murdered United States Navy
Petty Officer Stethem should be immediately brought to
justice;
(3) all diplomatic means should continue to be
employed to obtain the release of the 7 United States
citizens previously kidnapped and still held in
Lebanon;
(4) acts of international terrorism should be
universally condemned; and
(5) the Secretary of State should be supported in his
efforts to gain international cooperation to prevent
future acts of terrorism.
SEC. 559. EFFECTIVE DATE.
This part shall take effect on the date of enactment of
this Act.
TITLE VI--INTERNATIONAL NARCOTICS CONTROL
* * * * * * *
SEC. 607. PROCUREMENT OF WEAPONS TO DEFEND AIRCRAFT INVOLVED IN
NARCOTICS CONTROL EFFORTS.
Of the funds available to carry out chapter 2 of part II of
the Foreign Assistance Act of 1961 (relating to grant military
assistance), $1,000,000 for each of the fiscal years 1986 and
1987 shall be made available to arm, for defensive purposes,
aircraft used in narcotic control eradication or interdiction
efforts. The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate shall be notified of the use of any such funds for that
purpose at least 15 days in advance in accordance with the
reprogramming procedures applicable under section 634A of the
Foreign Assistance Act of 1961.
* * * * * * *
SEC. 610.\26\ ASSISTANCE FOR JAMAICA.
In allocating assistance for Jamaica for fiscal year 1986
under chapter 4 of part II of the Foreign Assistance Act of
1961 (relating to the economic support fund), the President
shall give major consideration to whether the Government of
Jamaica has prepared, presented, and committed itself to a
comprehensive plan or strategy for the control and reduction of
illicit cultivation, production, processing, transportation,
and distribution of marijuana within a specifically stated
period of time.
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\26\ Sec. 537 of the Foreign Assistance and Related Programs
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
1308), provided in part:
``Of the funds made available by this Act for Jamaica and Peru, not
more than 50 per centum of the funds made available for each country
shall be obligated unless the President determines and reports to the
Congress that the governments of these countries are sufficiently
responsive to the United States Government concerns on drug control and
that the added expenditures of the funds for that country are in the
national interest of the United States: Provided, That this provision
shall not be applicable to funds made available to carry out section
481 of the Foreign Assistance Act of 1961.''.
The 1987 Act (Public Law 99-591; 100 Stat. 3341-232) contained
identical text in sec. 536.
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SEC. 611.\27\ ASSISTANCE FOR BOLIVIA.
Assistance may be provided to Bolivia for fiscal years 1986
and 1987 under chapter 2 (relating to grant military
assistance), chapter 4 (relating to the economic support fund),
and chapter 5 (relating to international military education and
training) of part II of the Foreign Assistance Act of 1961, and
under chapter 2 of the Arms Export Control Act (relating to
foreign military sales financing), only under the following
conditions:
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\27\ Sec. 537 of the Foreign Assistance and Related Programs
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
1308), provided:
``That assistance may be provided to Bolivia for Fiscal Year 1986,
under chapter 2 (relating to grant military assistance), chapter 4
(relating to the economic support fund), and chapter 5 (relating to
international military education and training) of part II of the
Foreign Assistance Act of 1961, and under chapter 2 of the Arms Export
Control Act (relating to foreign military sales financing), only under
the following conditions:
``For Fiscal Year 1986--
``(A) up to 50 percent of the aggregate amount of such assistance
allocated for Bolivia may be provided at any time after the President
certifies to the Congress that the Government of Bolivia has enacted
legislation that will establish its legal coca requirements, provide
for the licensing of the number of hectares necessary to produce the
legal requirement, and make unlicensed coca production illegal; and
``(B) the remaining amount of such assistance may be provided at
any time following a certification pursuant to subparagraph (A) if the
President certifies to the Congress that the Government of Bolivia
achieved the eradication targets for the calendar year 1985 contained
in its 1983 narcotics agreements with the United States.''.
Sec. 535 of the 1987 Act (Public Law 99-591; 100 Stat. 3341-232)
provided:
``* * * That assistance may be provided to Bolivia for fiscal year
1987, under chapter 2 (relating to grant military assistance), chapter
4 (relating to the economic support fund), and chapter 5 (relating to
international military education and training) of part II of the
Foreign Assistance Act of 1961, and under chapter 2 of the Arms Export
Control Act (relating to foreign military sales financing), only in
accordance with the provisions of section 611 of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83) as
amended by section 2011 of H.R. 5484 as passed by the Senate on
September 30, 1986.''.
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(1) For fiscal year 1986--
(A) up to 50 percent of the aggregate amount
of such assistance allocated for Bolivia may be
provided at any time after the President
certifies to the Congress that the Government
of Bolivia has enacted legislation that will
establish its legal coca requirements, provide
for the licensing of the number of hectares
necessary to produce the legal requirement, and
make unlicensed coca production illegal; and
(B) the remaining amount of such assistance
may be provided at any time following a
certification pursuant to subparagraph (A) if
the President certifies to the Congress that
the Government of Bolivia has achieved the
eradication targets for the calendar year 1985
contained in its 1983 narcotics agreements with
the United States.
(2) For fiscal year 1987, such assistance may not be
provided unless the President certifies to the Congress
that the Government of Bolivia has developed a plan to
eliminate illicit narcotics production countrywide and
is prepared to enter into an agreement with the United
States to implement that plan. If that certification is
made, then--
(A) \28\ up to 50 percent of the aggregate
amount of such assistance allocated for Bolivia
may be provided at any time after the President
certifies to the Congress that Bolivia has
engaged in narcotics interdiction operations
which have significantly disrupted the illicit
coca industry in Bolivia or has cooperated with
the United States in such operations; and
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\28\ Sec. 2012(b) of Public Law 99-570 (100 Stat. 3207) amended
subparas. (A) and (B) of para. (2), which previously read as follows:
``(A) up to 50 percent of the aggregate amount of such assistance
allocated for Bolivia may be provided at any time after the President
certifies to the Congress that the Government of Bolivia has achieve at
least half of the eradication target for the calendar year 1986 agreed
to by the United States and the Government of Bolivia; and
``(B) the remaining amount of such assistance may be provided at
any time the President certifies to the Congress that the Government of
Bolivia fully achieved that eradication target.''.
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(B) \28\ the remaining amount of such
assistance may be provided at any time after
the President certifies to the Congress that
Bolivia has either met in calendar year 1986
the eradication targets for the calendar year
1985 contained in its 1983 narcotics agreements
with the United States or has entered into an
agreement of cooperation with the United States
for implementing that plan for 1987 and beyond
(including numerical eradication targets) and
is making substantial progress toward the
plan's objectives, including substantial
eradication of illicit coca crops and effective
use of United States assistance.
In the certification required by subparagraph (B), the
President shall explain why the terms of the 1983 agreement
provided unattainable and the reasons why a new agreement was
necessary.
SEC. 612.\26\ ASSISTANCE TO PERU.
(a) Conditions on Assistance.--United States assistance (as
defined by section 481(i)(4) of the Foreign Assistance Act of
1961) may be provided for Peru--
(1) for fiscal year 1986, only if the President
reports to the Congress that the Government of Peru has
demonstrated substantial progress in developing a plan
that will establish its legal coca requirements,
license the number of hectares necessary to produce the
legal requirement, and eliminate illicit and unlicensed
coca production; and
(2) for fiscal year 1987, only if the President
reports to the Congress that the Government of Peru has
developed such a plan and is implementing it.
(b) Upper Huallaga Valley Project.--Funds authorized to be
appropriated for fiscal year 1987 to carry out chapter 1 of
part I of the Foreign Assistance Act of 1961 (relating to
development assistance) may be made available for the project
of the Agency for International Development in the Upper
Huallaga Valley of Peru only if the Administrator of that
Agency, after consultation with the Congress, determines that a
comprehensive review of that project has been completed which
establishes the effectiveness of that project in reducing and
eradicating coca leaf production, distribution, and marketing
in the Upper Huallaga Valley. The assistance for Peru described
in this subsection may be provided only if the report required
by subsection (a)(2) has been submitted to the Congress.
SEC. 613. REALLOCATION OF FUNDS IF CONDITIONS NOT MET.
If any of the assistance described in section 611 is not
provided for Bolivia because the conditions specified in that
section are not met, or if any of the assistance described in
section 612(a) is not provided for Peru because the conditions
specified in that section are not met, the President shall
reprogram such assistance in order to provide additional
assistance to countries which have taken significant steps to
halt illicit drug production or trafficking.
* * * * * * *
SEC. 615. LATIN AMERICAN REGIONAL NARCOTICS CONTROL ORGANIZATION.
(a) Feasibility Study.--The Secretary of State, with the
assistance of the National Drug Enforcement Policy Board, shall
conduct a study of the feasibility of establishing a regional
organization in Latin America which would combat narcotics
production and trafficking through regional information-sharing
and a regional enforcement unit.
(b) Report.--No later than six months after the date of
enactment of this Act, a report on the advisability of
encouraging the establishment of such an organization shall be
submitted to the Committee on Foreign Affairs and the Committee
on the Judiciary of the House of Representatives and the
Committee on Foreign Relations and the Committee on the
Judiciary of the Senate.
SEC. 616. GREATER EFFORT BY UNITED STATES ARMED FORCES TO SUPPORT
NARCOTICS CONTROL EFFORTS ABROAD.
No later than 60 days after the date of enactment of this
Act, the President shall report to the Congress on why the
United States Armed Forces should not exert greater effort in
facilitating and supporting interception of narcotics
traffickers, and in gathering narcotics-related intelligence,
outside the United States.
SEC. 617. CUBAN DRUG TRAFFICKING.
(a) Findings.--The Congress finds that--
(1) the subject of the flow, use, and control of
narcotic and psychotropic substances is a matter of
great international importance;
(2) the problem of drug abuse and drug trafficking
continues to worsen throughout most parts of the world;
(3) the concerns of the governments of many countries
have become manifest in several bilateral and
multilateral narcotics control projects;
(4) United Nations agencies monitor and apply
controls on the flow and use of drugs and coordinate
multilateral efforts to control production,
trafficking, and abuse of drugs;
(5) the United Nations Fund for Drug Abuse Control
funds narcotics projects throughout the world and has
been a vehicle since 1971 for multilateral
implementation of narcotics control and reduction
programs;
(6) the International Narcotics Control Board is
charged with monitoring compliance with the Single
Convention on Narcotic Drugs, 1961, and the Convention
on Psychotropic Substances, and Cuba is a party to both
Conventions;
(7) the United Nations Commission on Narcotic Drugs
is responsible for formulating policies, coordinating
activities, supervising the implementation of
international conventions, and making recommendations
to governments for international drug control;
(8) the promotion of drug abuse and participation in
drug trafficking is universally considered egregious
criminal behavior wherever it occurs, whether it occurs
locally, nationally, or internationally;
(9) a Federal grand jury of the United States has
indicted four prominent Cuban officials on charges of
conspiring to smuggle drugs into the United States;
(10) United States Government officials have
testified at several congressional hearings that the
Government of Cuba is facilitating the flow of illicit
drugs into the United States in order to obtain hard
currency, support guerrilla/terrorist activities, and
undermine United States society; and
(11) such alleged conduct on the part of the
Government of Cuba would be injurious to the world
community and counter to the general principle of
international law that no country has the right to use
or permit the use of its territory in such a manner as
to injure another country or persons therein.
(b) Recommended Actions.--It is the sense of the Congress
that the President should--
(1) acting through the Permanent Representative of
the United States to the United Nations, take such
steps as may be necessary to place the question of the
involvement by the Government of Cuba in illicit drug
trafficking on the agenda of the United Nations;
(2) acting through the Representative of the United
States to the Organization of American States, request
the Organization of American States to consider this
question as soon as possible; and
(3) request other appropriate international
organizations and international forums to consider this
question.
(c) Report.--The President shall report to the Congress on
the actions taken pursuant to this section.
* * * * * * *
SEC. 619.\29\ DRUG TRAFFICKING AND THE PROBLEM OF TOTAL CONFIDENTIALITY
OF CERTAIN FOREIGN BANK ACCOUNTS.
(a) Findings.--The Congress finds that--
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\29\ 22 U.S.C. 2291 note.
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(1) several banks in Latin America and the Caribbean
are used by narcotics traffickers as depositories for
money obtained in providing illicit drugs to the United
States and other countries of the region;
(2) offshore banks which provide total
confidentiality provide a service which materially
assists the operations of illicit drug traffickers; and
(3) cooperation in gaining access to the bank
accounts of such narcotics traffickers would materially
assist United States authorities in controlling the
activities of such traffickers.
(b) Policy.--The Congress--
(1) requests the President to negotiate treaties or
appropriate international agreements with all countries
providing confidential banking services (giving high
priority to countries in the Caribbean region) to
provide disclosure to the United States Government of
information contained in official records, and in
records of bank accounts, concerning persons under
investigation for violations of United States law, in
particular those regarding international drug
trafficking;
(2) directs the President to include reports on the
results of such efforts in the annual International
Narcotics Control Strategy Report; and
(3) reaffirms its intention to obtain maximum
cooperation on the part of all governments for the
purpose of halting international drug trafficking, and
constantly to evaluate the cooperation of those
governments receiving assistance from the United
States.
TITLE VII--WESTERN HEMISPHERE
* * * * * * *
SEC. 702.\30\ EL SALVADOR.
(a) Support for El Salvador.--(1) The Congress finds that--
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\30\ The Foreign Assistance and Related Programs Appropriations
Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat. 3341-232),
provided the following:
``Sec. 537. None of the funds available in this Act may be used to
make available to El Salvador any helicopters or other aircraft, and
licenses may not be issued under section 38 of the Arms Export Control
Act for the export to El Salvador of any such aircraft, unless the
Committee on Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate are notified at least fifteen
days in advance in accordance with the procedures applicable to
notifications.
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* * * * * * *
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``Sec. 545. Of the amounts made available by this Act for military
assistance and financing for El Salvador under chapters 2 and 5 of part
II of the Foreign Assistance Act of 1961 and under the Arms Export
Control Act, $5,000,000 may not be expended until the President
reports, following the conclusion of the Appeals process in the case of
Captain Avila, to the Committees on Appropriations that the Government
of El Salvador has (1) substantially concluded all investigative action
with respect to those responsible for the January 1981 deaths of the
two United States land reform consultants Michael Hammer and Mark
Pearlman and the Salvadoran Land Reform Institute Director Jose Rodolfo
Viera, and (2) pursued all legal avenues to bring to trial and obtain a
verdict of those who ordered and carried out the January 1981
murders.''.
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(A) a free and democratic El Salvador is in the
security interest of the United States;
(B) Jose Napoleon Duarte was elected President of El
Salvador in 1984 in the most democratic election held
in El Salvador in many years;
(C) political violence in El Salvador has declined
dramatically under President Duarte's leadership;
(D) President Duarte's policies of respect for human
rights, political pluralism, dialogue and
reconciliation with the Salvadoran guerrilla force,
legal and social reform and effective defense against
the violent overthrow of the Salvadoran government are
deserving of praise from all who believe in a
democratic form of government;
(E) the March 31, 1985, legislation and municipal
elections were successfully carried out, with 64
percent of the electorate defying guerrilla attacks to
vote;
(F) the victory of President Duarte's Christian
Democratic Party reaffirms the support for these
policies by his fellow citizens, the essential test of
any government or movement;
(G) in spite of the state of siege technically in
effect due to the insurgent threat, observance of free
speech, free press, and free assembly are widely
enjoyed in El Salvador and permit public airing of
opposing political views;
(H) President Duarte is firmly committed to judicial
reform and prosecution of cases involving ``death
squads'';
(I) President Duarte's leadership and popular support
has notably weakened the popular support given the
guerrillas, as evidenced by the high levels of voter
participation in the free elections held in El Salvador
since 1982, the reduction in territory in which the
guerrillas can freely operate, their inability to mount
frontal military attacks, and their resort to economic
sabotage, ambushes, political assassination, and urban
terrorism with blatant disregard for basic human
rights; and
(J) President Duarte has succeeded in reversing the
decline in his country's economy which, though still
weak, has better prospects than in recent years.
(2) Therefore, it is the sense of the Congress that--
(A) President Duarte is to be congratulated for his
outstanding leadership under difficult circumstances
and for his efforts to foster democratic government and
institutions in his country, and he is encouraged to
continue his efforts to promote political pluralism,
democratic institutions, and respect for human rights
in his country; and
(B) the armed services of El Salvador are to be
congratulated for their improved performance and
professionalism in defending Salvadoran citizens and
their democratically elected government from attack by
armed insurgents, and especially for their role in
helping to protect and uphold the electoral process.
(3) The Congress reaffirms the importance of continued
support for democratic principles and institutions and respect
for human rights by the various sectors of Salvadoran society,
which is a major factor in United States support for El
Salvador.
(b) Objectives.--The Congress expects that--
(1) the Government of El Salvador will be willing to
pursue a dialogue with the armed opposition forces and
their political representatives for the purposes of
achieving an equitable political settlement of the
conflict, including free and fair elections;
(2) the elected civilian government will be in
control of the Salvadoran military and security forces,
and those forces will comply with applicable rules of
international law and with Presidential directives
pertaining to the protection of civilians during combat
operations, including Presidential directive C111-03-
984 (relating to aerial fire support);
(3) the Government of El Salvador will make
demonstrated progress, during the period covered by
each report pursuant to subsection (c), in ending the
activities of the death squads;
(4) the Government of El Salvador will make
demonstrated progress, during the period covered by
each report pursuant to subsection (c), in establishing
an effective judicial system; and
(5) the Government of El Salvador will make
demonstrated progress, during the period covered by
each report pursuant to subsection (c), in implementing
the land reform program.
(c) Reports.--On October 1, 1985, April 1, 1986, October 1,
1986, and April 1, 1987, the President shall report to the
Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate on the extent to
which the objectives described in subsection (b) are being met.
With respect to the objective described in paragraph (4) of
that subsection, each report shall discuss whether the
commission proposed by the President of El Salvador to
investigate human rights cases has been established, funded,
and given sufficient investigative powers; whether the evidence
that commission collects may be used in the Salvadoran judicial
process; whether that commission has issued a comprehensive
report with regard to its investigation of all Americans
murdered in El Salvador; and whether those responsible for the
Las Hojas massacre are being prosecuted.
(d) Aircraft for Aerial Warfare.--(1) The authorities of
part II of the Foreign Assistance Act of 1961 and the Arms
Export Control Act may not be used to make available to El
Salvador any helicopters or other aircraft, and licenses may
not be issued under section 38 of the Arms Export Control Act
for the export to El Salvador of any such aircraft, unless the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate are
notified at least 15 days in advance in accordance with the
procedures applicable to reprogramming notifications under
section 634A of the Foreign Assistance Act of 1961.
(2) Paragraph (1) shall take effect on the date of
enactment of this Act and shall remain in effect until October
1, 1987.
(e) Special Account for Local Currencies.--(1) All local
currencies, which are generated with the funds provided to El
Salvador for balance-of-payments support for fiscal years 1986
and 1987 under chapter 4 of part II of the Foreign Assistance
Act of 1961 (relating to the economic support fund), shall be
deposited in accordance with section 609 of that Act in a
special account established by the Government of El Salvador.
(2) Local currencies deposited pursuant to paragraph (1)
shall be used for projects assisting agrarian reform and the
agricultural sector (and particular emphasis shall be placed on
projects for these purposes); judicial reform, employment
generation; health, education, and other social services;
infrastructure repair; and credits and other support for the
private sector (principally for small and medium sized
businesses).
(3) For purposes of subsection--
(A) the term ``agrarian reform'' means projects
assisting or enhancing the abilities of agencies,
cooperatives, and farms to implement land reform
decrees in El Salvador, notwithstanding section 620(g)
of the Foreign Assistance Act of 1961; and
(B) the term ``judicial reform'' means projects
assisting or enhancing the abilities of agencies of the
Salvadoran Government to investigate and prosecute
politically motivated violence.
(f) Development Assistance.--Of the amounts available to
carry out chapter 1 of part I of the Foreign Assistance Act of
1961, $79,600,000 for fiscal year 1986 and $79,600,000 for
fiscal year 1987 shall be available only for El Salvador.
(g) Suspension of Assistance if a Military Coup Occurs.--
All assistance authorized by this Act which is allocated for El
Salvador shall be suspended if the elected President of that
country is deposed by military coup or decree.
SEC. 703. ASSISTANCE FOR GUATEMALA.\31\
(a) Conditions on Military Assistance and Sales.--For
fiscal years 1986 and 1987, assistance may be provided for
Guatemala under chapter 2 of part II of the Foreign Assistance
Act of 1961 (relating to grant military assistance) and sales
may be made and financing may be provided for Guatemala under
the Arms Export Control Act (relating to foreign military
sales) only if the President makes the following certifications
to the Congress:
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\31\ Title III of the Foreign Assistance and Related Programs
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
1302), provided the following appropriation for fiscal year 1986
(assuming certification requirements are met):
``* * * That not more than $553,900,000 of the funds made available
under this paragraph shall be available at concessional rates of
interest: Provided further, That all country and funding level changes
in requested concessional financing allocations shall be submitted
through the regular notification process of the Committee on
Appropriations.''.
Sec. 538 of the 1987 Act (Public Law 99-591; 100 Stat. 3341-232)
provided the following:
``Funds provided in this Act for Guatemala may not be provided to
the Government of Guatemala for use in its rural resettlement program,
except through the regular notification procedures of the Committees on
Appropriations.''.
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(1) For fiscal year 1986, an elected civilian
government is in power in Guatemala and has submitted a
formal written request to the United States for the
assistance, sales, or financing to be provided.
(2) For both fiscal years 1986 and 1987, the
Government of Guatemala made demonstrated progress
during the preceding year--
(A) in achieving control over its military
and security forces,
(B) toward eliminating kidnapings and
disappearances, forced recruitment into the
civil defense patrols, and other abuses by such
forces of internationally recognized human
rights, and
(C) in respecting the internationally
recognized human rights of its indigenous
Indian population.
(b) Construction Equipment and Mobile Medical Facilities
and Related Training.--If the conditions specified in
subsection (a) are met, Guatemala may be provided with the
following for fiscal years 1986 and 1987 (in addition to such
other assistance, sales, or financing as may be provided for
Guatemala):
(1) Sales of construction equipment and mobile
medical facilities to assist in development programs
that will directly assist the poor in Guatemala.
(2) Sales of training, to be provided outside of
Guatemala, which is related to the sales described in
paragraph (1).
(3) A total for both fiscal years 1986 and 1987 of no
more than $10,000,000 in credits under the Arms Export
Control Act for sales described in paragraphs (1) and
(2).
Such sales and credits shall be provided only to enable the
military forces of Guatemala to obtain equipment and training
for civilian engineering and construction projects and mobile
medical teams, which would not be used in the rural
resettlement program.
(c) Prohibition on Furnishing Weapons.--Funds authorized to
be appropriated by title I of this Act may not be used for the
procurement by Guatemala of any weapons or ammunition.
(d) Suspension of Assistance if a Military Coup Occurs.--
All assistance authorized by this Act which is allocated for
Guatemala shall be suspended if the elected civilian government
of that country is deposed by military coup or decree.
(e) Rural Resettlement Program.--Assistance provided for
Guatemala for the fiscal year 1986 and fiscal year 1987 under
chapter 1 of part I (relating to development assistance) or
under chapter 4 of part II (relating to the economic support
fund) of the Foreign Assistance Act of 1961--
(1) may not be provided to the Government of
Guatemala for use in its rural resettlement program;
and
(2) shall be provided through private and voluntary
organizations to the maximum extent possible.
(f) Invitation for ICRC To Visit Guatemala.--The Congress
calls upon the President to urge the Government of Guatemala to
allow the International Committee of the Red Cross--
(1) to conduct an unimpeded visit to Guatemala in
order to investigate humanitarian needs in that country
and to report on human rights abuses in that country;
and
(2) to investigate the possibilities of its providing
humanitarian services in that country.
(g) Relations Between Belize and Guatemala.--It is the
sense of the Congress that the United States should use its
good offices and influence to encourage the Government of
Guatemala to recognize the independence of Belize and to enter
into a mutual nonaggression treaty with Belize.
(h) Human Rights Groups in Guatemala.--(1) The Congress
finds that--
(A) the Group for Mutual Support was formed in 1984
to protest the disappearances of Guatemalan civilians;
(B) the Group for Mutual Support has carried out its
work in a peaceful, non-ideological manner, and is the
only indigenous human rights group operating in
Guatemala; and
(C) two of the Group's six steering committee
members, Hector Gomez and Maria Rosario Godyo \32\ de
Cuevas, were recently killed.
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\32\ Should read ``Godoy''.
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(2) It is the sense of the Congress that--
(A) human rights groups in Guatemala, particularly
the Group for Mutual Support, should be allowed to
carry out their work against human rights abuses with
the full cooperation, protection, and support of the
Government of Guatemala; and
(B) whether the Government of Guatemala allows human
rights groups, including the Group for Mutual Support,
to carry out their work should be taken into account by
the United States in determining whether there is human
rights progress in Guatemala.
SEC. 704. REFUGEES IN HONDURAS.
Funds authorized to be appropriated by this Act and funds
authorized to be appropriated for the ``Migration and Refugee
Assistance'' account for fiscal years 1986 and 1987--
(1) which are to be used for refugee assistance or
other assistance for Nicaraguan Indian refugees in
Honduras shall be channeled, to the maximum extent
possible, through the United Nations High Commissioner
for Refugees, the International Committee of the Red
Cross, the Intergovernmental Committee for Migration,
or other established and recognized international
refugee relief organizations; and
(2) may not be used to facilitate the involuntary
repatriation of Salvadoran refugees who are in
Honduras.
SEC. 705. PROMOTING THE DEVELOPMENT OF THE HAITIAN PEOPLE AND PROVIDING
FOR ORDERLY EMIGRATION FROM HAITI.\33\
(a) Use of PVOs.--To the maximum extent practicable,
assistance for Haiti under chapter 1 of part I (relating to
development assistance) and under chapter 4 of part II
(relating to the economic support fund) of the Foreign
Assistance Act of 1961 should be provided through private and
voluntary organizations.
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\33\ Title I, chapter V of the Urgent Supplemental Appropriations
Act, 1986 (Public Law 99-349; 100 Stat. 726), provided:
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``assistance for haiti
---------------------------------------------------------------------------
``Of the funds made available in title II of the Foreign Assistance
and Related Programs Appropriations Act, 1986 (as enacted in Public Law
99-190), subject to the notification process of the Committees on
Appropriations, up to $21,700,000 shall be made available for
assistance to Haiti. Of this amount, $1,700,000, or the equivalent
amount in local currencies, may be transferred to the Inter-American
Foundation for use by the Foundation for programs for Haiti. The
assistance made available pursuant to this paragraph shall be used to
promote the transition to democracy by means such as generating local
currency for use for literacy projects, rural development, and job
creation. The assistance provided for Haiti pursuant to this paragraph
shall be in addition to the assistance previously allocated for Haiti.
``It is the sense of the Congress that the United States Government
should cooperate with the Government of Haiti in recovering for the
Haitian people the wealth that was illegally obtained by former
president Jean-Claude Duvalier and his former government ministers and
associates through diversions of funds and property, regardless of
whether that wealth is located in the United States or abroad.
``Notwithstanding any limitations on assistance to Haiti contained
in Public Law 98-473 or Public Law 99-83, funds in the amount of
$750,000 previously appropriated for the purposes of chapter 2 of part
II of the Foreign Assistance Act of 1961, as amended, may be made
available for Haiti to carry out such purposes: Provided, That none of
the funds made available pursuant to this paragraph may be made
available for obligation unless the Appropriations Committees of both
Houses of Congress are previously notified fifteen days in advance:
Provided further, That the funds provided under this paragraph shall be
made available only to provide nonlethal military assistance for
Haiti.''.
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(b) Conditions on Assistance.--Funds available for fiscal
year 1986 and for fiscal year 1987 to carry out chapter 1 of
part I (relating to development assistance), chapter 4 of part
II (relating to the economic support fund), or chapter 5 of
part II (relating to international military education and
training) of the Foreign Assistance Act of 1961 may be
obligated for Haiti only if the President determines that the
Government of Haiti--
(1) is continuing to cooperate with the United States
in halting illegal emigration to the United States from
Haiti;
(2) is cooperating fully in implementing United
States development, food, and other economic assistance
programs in Haiti (including programs for prior fiscal
years); and
(3) is making progress toward improving the human
rights situation in Haiti and progress toward
implementing political reforms which are essential to
the development of democracy in Haiti, such as progress
toward the establishment of political parties, free
elections, free labor unions, and freedom of the press.
(c) \34\ * * * [Repealed--1998]
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\34\ Sec. 2219(a)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999 (division G, subdivision B of Public Law
105-277; 112 Stat. 2681), repealed subsec. (c), which had read as
follows:
``(c) Reports to the Congress.--Not later than one year after the
date of the enactment of this Act and one year thereafter, the
President shall report to the Congress on the extent to which the
actions of the Government of Haiti are consistent with each paragraph
of subsection (b).''.
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(d) Assistance in Halting Illegal Emigration From Haiti.--
Notwithstanding the limitations of section 660 of the Foreign
Assistance Act of 1961 (relating to police training), funds
made available under such Act may be used for programs with
Haiti, which shall be consistent with prevailing United States
refugee policies, to assist in halting significant illegal
emigration from Haiti to the United States.
(e) Limitation on MAP and FMS Financing.--Assistance may
not be provided for Haiti for fiscal year 1986 or fiscal year
1987 under chapter 2 of part II of the Foreign Assistance Act
of 1961 (relating to grant military assistance) or under the
Arms Export Control Act (relating to foreign military sales
financing), except for necessary transportation, maintenance,
communications, and related articles and services to enable the
continuation of migrant and narcotics interdiction operations.
(f) Literacy and Other Education Programs.--Of the amounts
authorized to be appropriated to carry out chapter 1 of part I
of the Foreign Assistance Act of 1961 (relating to development
assistance) which are allocated for Haiti, $1,000,000 for
fiscal year 1986 and $1,000,000 for fiscal year 1987 shall be
available only for literacy and other education programs in
Haiti.
SEC. 706. MILITARY ASSISTANCE FOR PARAGUAY.
For the fiscal years 1986 and 1987, none of the funds
authorized to be appropriated to carry out chapter 2 of part II
of the Foreign Assistance Act of 1961 (relating to grant
military assistance) or to carry out the Arms Export Control
Act (relating to foreign military sales financing) may be used
for assistance for Paraguay unless the President certifies to
the Congress that the Government of Paraguay has ended the
practice of torture and abuse of individuals held in detention
by its military and security forces and has instituted
procedures to ensure that those arrested promptly charged and
brought to trial.
SEC. 707. ASSISTANCE FOR PERU.\35\
(a) Human Rights Training in IMET Programs.--Respect for
internationally recognized human rights shall be an important
component of the training provided for Peru under chapter 5 of
part II of the Foreign Assistance Act of 1961 for fiscal year
1986 and for fiscal year 1987.
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\35\ See also sec. 612 of this Act.
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(b) Strengthening the Peruvian Judicial System.--Of the
amount authorized to be appropriated by this Act to carry out
chapter 4 of part II of the Foreign Assistance Act of 1961
(relating to the economic support fund), $1,000,000 for fiscal
year 1986 and $1,000,000 for fiscal year 1987 shall be used to
strengthen the judicial system in Peru under section 534 of the
Foreign Assistance Act of 1961 (relating to administration of
justice).
* * * * * * *
SEC. 709. COMPREHENSIVE REPORTS ON ASSISTANCE FOR LATIN AMERICA AND THE
CARIBBEAN.
(a) Requirement for Comprehensive Accounting of
Assistance.--In the annual reports required by section 634 of
the Foreign Assistance Act of 1961, the President shall provide
to the Congress a full, complete, and detailed accounting of
all assistance provided during the fiscal years 1986 and 1987
for Latin America and the Caribbean under the Foreign
Assistance Act of 1961 and the Arms Export Control Act.
(b) Information To Be Included.--The report provided
pursuant to subsection (a) shall include for each fiscal year,
among other things, the following with respect to each
authorization account:
(1) The specific projects and other activities
carried out in each country.
(2) The number of persons from each country who were
provided with training, and the types of training
provided.
(3) The defense articles and defense services
provided for each country.
(4) The types of goods and commodities provided to
each country for economic stabilization purposes under
chapter 4 of part II of the Foreign Assistance Act of
1961 (relating to the economic support fund), and a
copy of each agreement for the furnishing of any
assistance under that chapter.
(5) The amounts of local currency generated by United
States assistance to each country, the uses of those
currencies, and the total amount of those currencies
still available for use as of the time of the report.
(6) A report on any transfers or reprogrammings of
funds, and a description of how transferred or
reprogrammed funds modified the amounts requested for
each account.
(7) A report on the funds which have been obligated
but remain unexpended for each country in each account.
(8) An analysis of the amount of funds and programs
provided through nongovernmental as contrasted to
governmental channels.
SEC. 710. USE OF PRIVATE AND VOLUNTARY ORGANIZATIONS.
To the maximum extent practicable, assistance under chapter
1 of part I (relating to development assistance) and chapter 4
of part II (relating to the economic support fund) of the
Foreign Assistance Act of 1961 for countries in Latin America
and the Caribbean should be provided through private and
voluntary organizations which have a proven record of
development assistance efforts overseas.
* * * * * * *
SEC. 713. USE OF EMPLOYEE STOCK OWNERSHIP PLANS IN DEVELOPMENT EFFORTS.
(a) Findings.--The Congress declares that--
(1) employee stock ownership plans in industrial,
farming, banking, and other enterprises in Central
America and the Caribbean can be an important component
in achieving United States goals in Central America and
the Caribbean; and
(2) employee stock ownership plans should be used as
an instrument in financing growth and transfers of
equity in the region, in reorganizing state-owned
enterprises into viable employee-owned businesses, in
expanding political and economic pluralism, and in
strengthening democratic institutions in the region.
(b) Plan for Expanded Use of ESOPs.--The President is urged
to develop a plan for the expanded use of employee stock
ownership plans in development efforts of the United States in
Central America and the Caribbean, with an emphasis on policy
and infra-structural changes needed to encourage voluntary
employee stock ownership initiatives by multinational
corporations and other private sector enterprises which have
investments, are considering making new investments, or are
interested in management contracts and joint ventures in the
region.
(c) Task Force.--To assist in this effort, there is
established a Presidential Task Force on Project Economic
Justice (hereafter in this section referred to as the ``Task
Force''), which shall consist of individuals appointed by the
President who are distinguished leaders of the private sector
of the United States, including significant representation of
union representatives of workers in successful companies with
employee stock ownership plans and of nationally recognized
experts in all phases of design, implementation, and operation
of employee stock ownership plans. The President shall
designate one of the members of the Task Force to serve as
Chairman. The Chairman of the Task Force shall appoint a
volunteer fund-raising committee, and all the expenses of the
Task Force shall be paid without the use of public funds.
(d) Report.--Not later than December 31, 1985, the Task
Force shall prepare and transmit to the President and the
Congress a report on the expanded use of employee stock
ownership plans in the development efforts of the United States
in Central America and the Caribbean, including specific
recommendations on strategies for using employee stock
ownership plans as a means of accelerating the rate of private
sector capital formation in Central America and the Caribbean
that is systematically linked to expanding ownership and
profit-sharing opportunities for all employees.
SEC. 714. INTERNATIONAL ADVISORY COMMISSION FOR THE CARIBBEAN REGION.
(a) Findings.--The Congress finds that--
(1) many of the social, agricultural, educational,
and economic problems which confront nations in the
Caribbean Region result primarily from social and
economic injustice and inadequate economic and
agricultural development;
(2) such problems are not addressed sufficiently by
current United States policies toward that region;
(3) the development of the Caribbean Region is of
vital importance to the economic and strategic
interests of the United States and its allies; and
(4) for purposes of defining development plans,
providing an international forum for Caribbean Region
development issues, and providing expert advice to
donor-aid countries, an international commission is
needed as the prime institution for promoting economic
cooperation and development in the Caribbean Region.
(b) Invitations to Participate in Commission.--
(1) Invitation to caribbean countries.--The President
may invite the countries which comprise the Caribbean
Region to participate with the United States in a
commission to be known as the International Advisory
Commission for the Caribbean Region (hereafter in this
section referred to as the ``Commission'').
(2) Invitation to certain other countries.--The
President may also invite the Netherlands, the United
Kingdom, France, Canada, the Commonwealth of Puerto
Rico, and the Virgin Islands to participate in the
Commission.
(c) Functions of Commission.--It is the sense of the
Congress that the Commission should--
(1) examine social, agricultural, educational, and
economic issues which affect the Caribbean Region; and
(2) consult with leaders of the countries in the
Caribbean Region and with representatives from public
and private organizations involved in matters related
to the Caribbean Region in order to evaluate the
problems and needs of such countries.
(d) Funding for Organizational Meeting of Commission.--Of
the funds authorized to be appropriated to carry out section
106 of the Foreign Assistance Act of 1961 (relating to
development assistance for energy, private and voluntary
organizations, and selected development activities), up to a
total of $100,000 for fiscal years 1986 and 1987 may be made
available to--
(1) pay reasonable administrative expenses associated
with the organizational meeting of the Commission; and
(2) pay reasonable travel and lodging expenses
incurred by commissioners from other participant
governments incident to their attendance at the
organizational meeting of the Commission.
(e) Request to Congress Relating to United States
Participation in the Commission.--The President should provide
cost estimates and request authorization from the Congress in
order to provide for the participation of the United States in
the Commission (other than United States participation
associated with the organizational meeting).
(f) Appointment of United States Representative and
Observers.--Upon the creation of the Commission--
(1) the President should consider appointing one
individual as the United States representative to the
Commission;
(2) the Speaker of the House of Representatives
should consider appointing two Members of the House,
one from each major political party, as observers at
the Commission; and
(3) the majority leader of the Senate should consider
appointing two Members of the Senate, one from each
major political party, as observers at the Commission.
SEC. 715.\36\ * * *
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\36\ Sec. 715 amended sec. 726 of the International Security and
Development Cooperation Act, 1981 (Public Law 97-113).
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SEC. 716. RURAL ELECTRIFICATION.
It is the sense of the Congress that funds appropriated for
the fiscal years 1986 and 1987 under section 103(a)(2) of the
Foreign Assistance Act of 1961 (relating to development
assistance for agriculture, rural development, and nutrition)
should be used for a comprehensive rural electrification
program in Central America in order to establish conditions of
stability and a foundation for economic development.
SEC. 717. FACILITATING INTERNATIONAL COMMERCE THROUGH MEXICO.
(a) Finding.--Recognizing that increased levels of balanced
international trade are an essential component in an economic
development program for the region and that the United States
has traditionally been the most important trading partner for
each of the nations of Latin America, it is the sense of the
Congress that current procedures and laws of the Government of
Mexico, and practices of its officials, constitute a
significant impediment to the transit of vehicles carrying the
commodities of international trade through Mexican territory.
(b) Negotiations and Cooperative Steps Concerning
Transit.--As the Government of Mexico has played a valuable
role in assisting and encouraging the economic and political
development of the region, and in offering advice to the United
States as to constructive policies this nation might pursue
with respect to peace and prosperity in the area, the Secretary
of State, acting independently or with representatives of other
Latin America nations, shall initiate negotiations with the
Government of Mexico aimed at eliminating or reducing those
impediments to international trade. The agenda for such
negotiations should include discussions to encourage the
Government of Mexico to accede to existing international custom
conventions on international in-transit shipments. Such actions
are to be taken in concert with the institution by the United
States, and the nations of the region where the transiting
shipments originate, of appropriate and cooperative steps to
make sealed-truck, no-inspection transit administratively
acceptable to the Government of Mexico and other transited
countries. Similar bilateral or multilateral negotiations by
the Secretary of State with nations respecting the same
international customs conventions is also encouraged.
(c) Report.--The Secretary of State shall report the status
of these negotiations to Congress by January 1, 1986.
SEC. 718. CONDEMNING HUMAN RIGHTS VIOLATIONS AND THE SUBVERSION OF
OTHER GOVERNMENTS BY THE GOVERNMENT OF CUBA.
(a) Condemnation of Certain Action by the Government of
Cuba.--The Congress condemns--
(1) the consistent pattern of gross violations of
internationally recognized human rights by the Cuban
Government, including--
(A) cruel, inhumane, and degrading treatment
and punishment of prisoners;
(B) the suppression of free speech, press,
and assembly; and
(C) restrictions on religious activity and
the freedom to emigrate; and
(2) the provision by the Cuban government of material
aid and personnel support for the purposes of
subversion.
(b) Call Upon the Government of Cuba.--The Congress calls
upon the Government of Cuba to restore civil liberties and
cease in the violation of human rights of the Cuban people and
cease the subversion of other governments through material and
personnel support.
SEC. 719. REPORTS ON FOREIGN DEBT IN LATIN AMERICA.
(a) Findings.--The Congress finds that--
(1) the foreign debt of Latin American countries has
soared from $27,000,000,000 in 1970 to over
$350,000,000,000 in 1983;
(2) the foreign debt of Latin American countries is a
serious obstacle to their economic progress, threatens
their stability, and endangers the democratic processes
in those nations;
(3) the economic and political futures of many of the
Latin American countries hang in the balance and depend
upon a successful resolution of the foreign debt
crisis; and
(4) the confidence of the American people in the
United States system of banking is also involved in a
successful resolution of the foreign debt crisis.
(b) Report.--Not later than January 1, 1986, the Secretary
of State shall prepare and transmit to the Congress a report
on--
(1) the magnitude of the foreign debt crisis in the
Western Hemisphere;
(2) the impact of the foreign debt crisis on the
economies of the countries of Latin America;
(3) the degree to which the national security
interests of the United States are implicated in this
crisis;
(4) the steps being taken and the policy being
pursued by the United States aimed at dealing with this
crisis;
(5) the degree to which the foreign debt crisis
affects the system of banking in the United States; and
(6) the steps being taken and the policy being
pursued by the United States Government aimed at
dealing with this crisis.
SEC. 720. ECONOMIC ASSISTANCE FOR URUGUAY.
Of the amounts authorized to be appropriated to carry out
chapter 4 of part II of the Foreign Assistance Act of 1961
(relating to the economic support fund), $15,000,000 for fiscal
year 1986 and $15,000,000 for fiscal year 1987 shall be
available only for Uruguay.
SEC. 721. CANADIAN EXPORTS TO THE UNITED STATES.
(a) Cattle and Hogs.--(1) The Congress finds that--
(A) livestock prices have been in decline for some
time due to excessive supply partially caused by
dramatic increases in importation of live cattle and
hogs from Canada, which has increased by 1,000 percent
in the last decade in the case of hogs alone;
(B) American livestock producers are suffering from
the same general economic crisis affecting all of
agriculture, and many will face liquidation or
foreclosure in the near future; and
(C) the disparity between the United States and the
Canadian dollar amounts to 32 to 34 percent and results
in even further increases in Canadian hogs and cattle
being imported into the United States.
(2) Therefore, it is the sense of the Congress that the
President should direct appropriate officials of the executive
branch, including the United States Trade Representative, the
Secretary of Agriculture, and the Secretary of Commerce, to
aggressively pursue discussions with the Canadian Government
directed toward immediate reduction in the Canadian export of
cattle and hogs to the United States.
(b) Softwood Timber.--(1) The Congress finds that--
(A) softwood timber prices have been in decline for
some time due to excessive supply partially caused by
dramatic increases in importation of processed softwood
timber from Canada, which has increased from 18 percent
of the United States market in the last two years to 35
to 40 percent today;
(B) American timber producers are suffering from this
economic crisis, and the difficulty in acquiring timber
from the National Forest System; and
(C) the disparity between the United States and the
Canadian dollar amounts to 32 to 34 percent and results
in even further increases in processed softwood timber
being imported into the United States.
(2) Therefore, it is the sense of the Congress that the
President should direct appropriate officials of the executive
branch, including the United States Trade Representative, the
Secretary of Agriculture, and the Secretary of Commerce, to
aggressively pursue discussions with the Canadian Government
directed toward immediate reduction in the Canadian export of
softwood timber to the United States.
SEC. 722. NICARAGUA.
(a) Settlement of the Conflict.--The Congress--
(1) strongly supports national reconciliation in
Nicaragua and the creation of a framework for
negotiating a peaceful settlement to the Nicaraguan
conflict; and
(2) finds that the United States should, in assisting
efforts to reach comprehensive and verifiable final
agreements based on the Contadora Document of
Objectives, encourage the Government of Nicaragua to
pursue a dialogue with the armed opposition forces and
their political representatives for the purposes of
achieving an equitable political settlement of the
conflict, including free and fair elections.
(b) United States Concerns About Nicaraguan Foreign and
Domestic Policies.--The Congress finds and declares the
following:
(1) Despite positive actions by the Congress
signaling support for negotiated solutions to conflicts
in Central America, there are disturbing trends in
Nicaragua's foreign and domestic policies, including--
(A) President Daniel Ortega's April 1985 trip
to the Soviet Union at a time when the Congress
signaled its strong disapproval of increasing
Nicaraguan-Soviet ties;
(B) the Sandinista government's close
military ties with Cuba, the Soviet Union, and
its Warsaw Pact allies; the disappointing and
insufficient reduction of the number of Cuban
advisors in Nicaragua by only 100 out of an
approximately 2,500; and the continuing
military buildup that Nicaragua's neighbors
consider threatening;
(C) the Sandinista government's curtailment
of individual liberties, political expression,
freedom of worship, and the independence of the
media;
(D) the subordination of military, judicial,
and internal security functions to the ruling
political party; and
(E) the Sandinista government's efforts to
export its influence and ideology.
(2) If Nicaragua does not address the concerns
described in paragraph (1), the United States has
several options to address this challenge to peace and
stability in the region, including political,
diplomatic, and trade sanctions. In addition, the
United States--
(A) should through appropriate regional
organizations, such as the Organization of
American States, seek to maintain multilateral
pressure on Nicaragua to address these
concerns; and
(B) should, if called upon to do so, give
serious consideration to supporting any
sanctions adopted by such an organization.
(3) In assessing whether or not progress is being
made in addressing these concerns, the Congress will
expect prompt and significant initiatives by the
Government of Nicaragua such as--
(A) the removal of foreign military advisors
from Nicaragua;
(B) the end to Sandinista support for
insurgencies in other countries in the region,
including the cessation of military supplies to
the rebel forces fighting the democratically
elected government in El Salvador;
(C) restoration of individual liberties,
political expression, freedom of worship, and
the independence of the media; and
(D) progress toward international
reconciliation and a pluralistic democratic
system, including steps to liberalize
institutions in order to allow the internal
opposition in Nicaragua to become a viable
partner in the Nicaraguan political process.
(c) Resolution of the Conflict in Nicaragua.--
(1) Basis for policy.--The Congress finds that--
(A) the people of Nicaragua are suffering the
horrors of a fierce armed conflict that is
causing grave hardships and loss of life, has
thrown the country into a serious political,
social, and economic upheaval, and is of
serious concern to the nations of the region
and to the United States;
(B) this conflict is fundamentally a
continuation of efforts of the Nicaraguan
people to attain a representative government at
peace with its neighbors, efforts which began
under the Somoza regime; and
(C) the United States recognized these noble
aspirations of the Nicaraguan people in the
June 23, 1979, resolution of the Seventeenth
Meeting of Consultation of Ministers of Foreign
Affairs of the Organization of American States,
which reads as follows:
``WHEREAS:
``The people of Nicaragua are suffering the horrors
of a fierce armed conflict that is causing grave
hardships and loss of life, and has thrown the country
into a serious political, social and economic upheaval;
``The inhumane conduct of the dictatorial regime
governing the country, as evidenced by the report of
the Inter-American Commission on Human Rights, is the
fundamental cause of the dramatic situation faced by
the Nicaraguan people; and
``The spirit of solidarity that guides Hemisphere
relations places an unavoidable obligation on the
American countries to exert every effort within their
power, to put an end to the bloodshed and to avoid the
prolongation of this conflict which is disrupting the
peace of the Hemisphere;
``THE SEVENTEENTH MEETING OF CONSULTATION OF
MINISTERS OF FOREIGN AFFAIRS,
``DECLARES:
``That the solution of the serious problem is
exclusively within the jurisdiction of the people of
Nicaragua.
``That in the view of the Seventeenth Meeting of
Consultation of Ministers of Foreign Affairs this
solution should be arrived at on the basis of the
following:
``1. Immediate and definitive replacement of
the Somoza regime.
``2. Installation in Nicaraguan territory of
a democratic government, the composition of
which should include the principal
representative groups which oppose the Somoza
regime and which reflects the free will of the
people of Nicaragua.
``3. Guarantee of the respect for human
rights of all Nicaraguans without exception.
``4. The holding of free elections as soon as
possible, that will lead to the establishment
of a truly democratic government that
guarantees peace, freedom, and justice.
``RESOLVES:
``1. To urge the member states to take steps that are
within their reach to facilitate an enduring and
peaceful solution of the Nicaraguan problem on the
bases set forth above, scrupulously respecting the
principle of nonintervention and abstaining from any
action that might be in conflict with the above bases
or be incompatible with a peaceful and enduring
solution to the problem.
``2. To commit their efforts to promote humanitarian
assistance to the people of Nicaragua and to contribute
to the social and economic recovery of the country.
``3. To keep the Seventeenth Meeting of Consultation
of Ministers of Foreign Affairs open while the present
situation continues.''.
(2) The government of nicaragua.--The Congress
further finds that--
(A) the Government of National Reconstruction
of Nicaragua formally accepted the June 23,
1979, resolution as a basis for resolving the
Nicaraguan conflict in its ``Plan to Achieve
Peace'' which was submitted to the Organization
of American States on July 12, 1979;
(B) the June 23 1979, resolution and its
acceptance by the Government of National
Reconstruction of Nicaragua was the formal
basis for the removal of the Somoza regime and
the installation of the Government of National
Reconstruction;
(C) the Government of National
Reconstruction, now known as the Government of
Nicaragua and controlled by the Frente
Sandinista (the FSLN), has flagrantly violated
the provisions of the June 23, 1979,
resolution, the rights of the Nicaraguan
people, and the security of the nations in the
region, in that it--
(i) no longer includes the democratic
members of the Government of National
Reconstruction in the political
process;
(ii) is not a government freely
elected under conditions of freedom of
the press, assembly, and organization,
and is not recognized as freely elected
by its neighbors, Costa Rica, Honduras,
and El Salvador;
(iii) has taken significant steps
towards establishing a totalitarian
Communist dictatorship, including the
formation of FSLN neighborhood watch
committees and the enactment of laws
that violate human rights and grant
undue executive power;
(iv) has committed atrocities against
its citizens as documented in reports
by the Inter-American Commission on
Human Rights of the Organization of
American States;
(v) has aligned itself with the
Soviet Union and Soviet allies,
including the German Democratic
Republic, Bulgaria, Libya, and the
Palestine Liberation Organization;
(vi) has committed and refuses to
cease aggression in the form of armed
subversion against its neighbors in
violation of the Charter of the United
Nations, the Charter of the
Organization of American States, the
Inter-American Treaty of Reciprocal
Assistance, and the 1965 United Nations
General Assembly Declaration on
Intervention; and
(vii) has built up an army beyond the
needs of immediate self-defense, at the
expense of the needs of the Nicaraguan
people and about which the nations of
the region have expressed deepest
concern.
(3) The nicaraguan democratic opposition.--The
Congress further finds that--
(A) as a result of these violations, the
Government of Nicaragua has lost the support of
virtually all independent sectors of Nicaraguan
society who initially supported the removal of
the Somoza regime (including democratic
political parties of the left, center, and
right; the leadership of the Church; free
unions; and the business, farmer, and
professional sectors) and who still seek
democracy, reject the rule of the Frente
Sandinista, and seek the free elections
promised in 1979;
(B) the Nicaraguan political opposition has
joined with the armed opposition groups in
issuing the San Jose Manifesto of March 1,
1985, calling for a national dialogue under
mediation by the Nicaraguan Bishops Conference
to peacefully attain the fulfillment of the
Government of Nicaragua's commitments to the
Organization of American States, including
``the democratization of Nicaragua, conscious
that democracy is the only means to carry out
an authentic revolution and secure our national
identity and sovereignty'';
(C) on June 12, 1985, in San Salvador, El
Salvador, the political and armed opposition
groups representing the entire democratic
political spectrum of Nicaragua formed the
United Nicaraguan Opposition and affirmed their
``historical commitment to achieve for
Nicaragua the reconciliation of her children,
to establish the foundation for democracy and
the moral and material reconstruction of the
nation''; and
(D) the United Nicaraguan Opposition further
declared its intention to ``give priority at
all times to a political solution which will
ease the suffering of our people''.
(4) Concerns in the region and united states
responsibilities.--The Congress further finds that--
(A) Nicaragua's neighbors, Costa Rica, El
Salvador, and Honduras, have expressed,
individually and through the Contadora process,
their belief that their peace and freedom is
not safe so long as the Government of Nicaragua
excludes from power most of Nicaragua's
political leadership and is controlled by a
small sectarian party, without regard to the
will of the majority of Nicaraguans; and
(B) the United States, given its role in the
installation of the current Government of
Nicaragua, has a special responsibility
regarding the implementation of the commitments
made by that Government in 1979, especially to
those who fought against Somoza to bring
democracy to Nicaragua with United States
support.
(5) Resolution of the conflict.--The Congress--
(A) condemns the Government of Nicaragua for
violating its solemn commitments to the
Nicaraguan people, the United States, and the
Organization of American States;
(B) affirms that the Government of Nicaragua
will be regarded as having achieved political
legitimacy when it fulfills its 1979 commitment
to the Organization of American States to
implement genuinely democratic elections, under
the supervision of the Organization of American
States, in which all elements of the Nicaraguan
resistance can peacefully participate under
conditions recognized as necessary for free
elections by international bodies;
(C) urges the Government of Nicaragua to
enter a national dialogue, as proposed by the
Nicaraguan democratic resistance in San Jose,
Costa Rica, on March 1, 1985, under mediation
by the Nicaraguan Bishops Conference in order
to peacefully resolve the current crisis
through internationally recognized elections in
which all elements of Nicaraguan society can
freely participate;
(D) supports the Nicaraguan democratic
resistance in its efforts to peacefully resolve
the Nicaraguan conflict and to achieve the
fulfillment of the Government of Nicaragua's
solemn commitments to the Nicaraguan people,
the United States, and the Organization of
American States;
(E) supports efforts by the Contadora
nations, the Organization of American States,
and other appropriate regional organizations to
maintain multilateral pressure on Nicaragua to
fulfill its commitments; and
(F) requests that the Secretary of State
transmit the text of this subsection to the
Foreign Ministers of the member states of the
Organization of American States.
(d) Prohibition Relating to Military or Paramilitary
Operations in Nicaragua.--Notwithstanding any other provision
of law, no funds authorized to be appropriated or otherwise
made available by this Act (except the funds authorized to be
appropriated in this section), by the Foreign Assistance Act of
1961, or by the Arms Export Control Act shall be used to
provide assistance of any kind, either directly or indirectly,
to any person or group engaging in an insurgency or other act
of rebellion against the Government of Nicaragua. The United
States shall not enter into any arrangement conditioning,
expressly or impliedly, the provision of assistance under this
Act or the purchase of defense articles and services under the
Arms Export Control Act upon the provision of assistance by a
recipient to persons or groups engaging in an insurgency or
other act of rebellion against the Government of Nicaragua.
(e) Limitation on Use of Funds Against Nicaragua.--None of
the funds authorized to be appropriated in this or any other
Act can be used to fund directly, or indirectly, activities
against the Government of Nicaragua which have not been
authorized by, or pursuant to, law and which would place the
United States in violation of our obligations under the Charter
of the Organization of American States, to which the United
States is a signatory, or under international law as defined by
treaty commitments agreed to, and ratified by, the Government
of the United States.
(f) Food Aid to the Nicaraguan People.--In cooperation with
Cardinal Miguel Obando y Bravo and private and voluntary
organizations, the President should explore and promote means
for providing food aid to the Nicaraguan people through private
and voluntary organizations and the Catholic Church.
(g) Humanitarian Assistance for Nicaraguan Democratic
Resistance.--(1) Effective upon the date of enactment of this
Act, there are authorized to be appropriated $27,000,000 for
humanitarian assistance to the Nicaraguan democratic
resistance. Such assistance shall be provided to such
department or agency of the United States as the President
shall designate, except the Central Intelligence Agency or the
Department of Defense.
(2) The assistance authorized by this subsection is
authorized to remain available for obligation until March 31,
1986.
(3) One-third of the assistance authorized by this
subsection shall be available for obligation at any time after
the appropriation of funds pursuant to such authorization, an
additional one-third shall be available for obligation upon
submission of the first report required by subsection (j), and
the remaining one-third shall be available for obligation upon
submission of the second such report.
(4) The President shall establish appropriate procedures to
ensure that any humanitarian assistance provided by the United
States Government to the Nicaraguan democratic resistance is
used only for the intended purpose and is not diverted (through
barter, exchange, or any other means) for acquisition of
weapons systems, ammunition, or other equipment, vehicle, or
material which can be used to inflict serious bodily harm or
death.
(5) As used in this subsection, the term ``humanitarian
assistance'' means the provision of food, clothing, medicine,
and other humanitarian assistance, and it does not include the
provision of weapons, weapons systems, ammunition, or other
equipment, vehicles, or material which can be used to inflict
serious bodily harm or death.
(h) Assistance for Implementation of a Contadora
Agreement.--Effective upon the date of enactment of this Act,
there are authorized to be appropriated $2,000,000, which are
authorized to remain available until expended, for payment by
the Secretary of State for the expenses arising from
implementation by the Contadora nations (Mexico, Panama,
Colombia, and Venezuela) of an agreement among the countries of
Central America based on the Contadora Document of Objectives
of September 9, 1983, including peacekeeping, verification, and
monitoring systems.
(i) Policies With Respect to Nicaragua.--The President is
hereby urged and requested--
(1) to pursue vigorously the use of diplomatic and
economic measures to resolve the conflict in Nicaragua,
including simultaneous negotiations--
(A) to implement the Contadora Document of
Objectives of September 8, 1983; and
(B) to develop, in close consultation and
cooperation with other nations, trade and
economic measures to complement such policies
of the United States and to encourage the
Government of Nicaragua to take the necessary
steps to resolve the conflict;
(2) to suspend the economic sanctions imposed by the
President on May 1, 1985, and the United States
military maneuvers in Honduras and off the coast of
Nicaragua, if the Government of Nicaragua agrees--
(A) to a cease fire,
(B) to open a dialogue with all elements of
the opposition, including the Nicaraguan
democratic resistance, and
(C) to suspend the state of emergency in
Nicaragua;
(3) to call upon the Nicaraguan democratic resistance
to remove from their ranks any individuals who have
engaged in human rights abuses; and
(4) to resume bilateral discussions with the
Government of Nicaragua with a view to encouraging--
(A) a church-mediated dialogue between the
Government of Nicaragua and all elements of the
opposition, including the Nicaraguan democratic
resistance, in support of internal
reconciliation as called for by the Contadora
Document of Objectives; and
(B) a comprehensive, verifiable agreement
among the nations of Central America, based on
the Contadora Document of Objectives.
(j) Reports.--The President shall submit a report to the
Congress 90 days after the date of enactment of this Act, and
every 90 days thereafter, on any actions taken to carry out
subsections (g) and (h). Each such report shall include--
(1) a detailed statement of any progress made in
reaching a negotiated settlement referred to in
subsection (i)(1), including the willingness of the
Nicaraguan democratic resistance and the Government of
Nicaragua to negotiate a settlement;
(2) a detailed accounting of the disbursements made
to provide humanitarian assistance with the funds
provided pursuant to subsection (g); and
(3) a discussion of the alleged human rights
violations by the Nicaraguan democratic resistance and
the Government of Nicaragua, including a statement of
the steps taken by the Nicaraguan democratic resistance
to comply with the request referred to in subsection
(i)(3).
(k) Submission of Request for Additional Assistance for the
Central America Peace Process.--If the President determines at
any time after the enactment of this Act that--
(1) negotiations based on the Contadora Document of
Objectives of September 9, 1983, have produced an
agreement, or show promise of producing an agreement,
or
(2) other trade and economic measures will assist in
a resolution of the conflict, or to stabilization in
the region,
the President may submit to the Congress a request for budget
and other authority to provide additional assistance for the
furtherance of the Central America peace process.
(l) Statement To Be Included.--The President's request
pursuant to subsection (k) shall include a detailed statement
as to progress made to resolve the conflict in the region.
(m) Consultation With the Congress.--In formulating a
request pursuant to subsection (k), the President shall consult
with the Congress.
(n) House Procedures.--(1) The provisions of this
subsection apply, during the 99th Congress, to the
consideration in the House of Representatives of a joint
resolution with respect to the request submitted by the
President pursuant to subsection (k).
(2) For purposes of this subsection, the term ``joint
resolution'' means only a joint resolution introduced within 3
legislative days after the Congress receives the request
submitted by the President pursuant to subsection (k)--
(A) the matter after the resolving clause of which is
as follows: ``That the Congress hereby approves the
additional authority and assistance for the Central
America peace process that the President requested
pursuant to the International Security and Development
Cooperation Act of 1985, notwithstanding section 10 of
Public Law 91672.'';
(B) which does not have a preamble; and
(C) the title of which is as follows: ``Joint
Resolution relating to Central America pursuant to the
International Security and Development Cooperation Act
of 1985.''.
(3) A joint resolution shall, upon introduction, be
referred to the appropriate committee or committees of the
House of Representatives.
(4) If all the committees of the House to which a joint
resolution has been referred have not reported the same joint
resolution by the end of 15 legislative days after the first
joint resolution was introduced, any committee which has not
reported the first joint resolution introduced shall be
discharged from further consideration of that joint resolution
and that joint resolution shall be placed on the appropriate
calendar of the House.
(5)(A) At any time after the first joint resolution placed
on the appropriate calendar has been on that calendar for a
period of 5 legislative days, it is in order for any Member of
the House (after consultation with the Speaker as to the most
appropriate time for the consideration of that joint
resolution) to move that the House resolve itself into the
Committee of the Whole House on the State of the Union for the
consideration of that joint resolution. The motion is highly
privileged and is in order even though a previous motion to the
same effect has been disagreed to. All points of order against
the joint resolution under clauses 2 and 6 of Rule XXI of the
Rules of the House are waived. If the motion is agreed to, the
resolution shall remain the unfinished business of the House
until disposed of. A motion to reconsider the vote by which the
motion is disagreed to shall not be in order.
(B) Debate on the joint resolution shall not exceed ten
hours, which shall be divided equally between a Member favoring
and a Member opposing the joint resolution. A motion to limit
debate is in order at any time in the House or in the Committee
of the Whole and is not debatable.
(C) An amendment to the joint resolution is not in order.
(D) At the conclusion of the debate on the joint
resolution, the Committee of the Whole shall rise and report
the joint resolution back to the House, and the previous
question shall be considered as ordered on the joint resolution
to final passage without intervening motion.
(6) As used in this subsection, the term ``legislative
day'' means a day on which the House is in session.
(o) Senate Procedures.--A joint resolution which is
introduced in the Senate within 3 calendar days after the day
on which the Congress receives a Presidential request described
in subsection (k) and which, if enacted, would grant the
President the authority to take any or all of the actions
described in subsection (k) shall be considered in accordance
with procedures contained in paragraphs (3) through (7) of
section 8066(c) of the Department of Defense Appropriations
Act, 1985 (as contained in Public Law 98-473), except that--
(1) references in such paragraphs to the Committees
on Appropriations of the Senate shall be deemed to be
references to the appropriate committee or committees
of the Senate; and
(2) amendments to the joint resolution are in order.
(p) \37\ * * * [Repealed--1987]
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\37\ Sec. 111(m)(1) of the Continuing Appropriations Act, 1988
(Public Law 100-202; 101 Stat. 1329-441), repealed subsec. (p), which
had read as follows:
``(p) Submission of Request for Additional Assistance for
Nicaraguan Democratic Resistance.--If the President determines at any
time after the enactment of this Act that--
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``(1) negotiations based on the Contadora Document of Objectives of
September 9, 1983, have failed to produce an agreement, or
``(2) other trade and economic measures have failed to resolve the
conflict
``the President may submit to the Congress a request for budget and other
authority to provide additional assistance for the Nicaraguan democratic
resistance.''.
(q) Statement To Be Included.--The President's request
pursuant to subsection (p) shall include a detailed statement
as to why the negotiations or other measures have failed to
resolve the conflict in the region.
(r) Consultation With the Congress.--In formulating a
request pursuant to subsection (p), the President shall consult
with the Congress.
(s) \38\ * * * [Repealed--1987]
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\38\ Sec. 111(m)(1) of the Continuing Appropriations Act, 1988
(Public Law 100-202; 101 Stat. 1329-441), repealed subsec. (s), which
had read as follows:
``(s) House Procedures.--(1) The provisions of this subsection
apply, during the 99th Congress, to the consideration in the House of
Representatives of a joint resolution with respect to the request
submitted by the President pursuant to subsection (p).
``(2) For purposes of this subsection, the term `joint resolution'
means only a joint resolution introduced within 3 legislative days
after the Congress receives the request submitted by the President
pursuant to subsection (p)--
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``(A) the matter after the resolving clause of which is as follows: `That
the Congress hereby approves the additional authority and assistance for
the Nicaraguan democratic resistance that the President requested pursuant
to the International Security and Development Cooperation Act of 1985,
notwithstanding section 10 of Public Law 91672.';
``(B) which does not have a preamble; and
``(C) the title of which is as follows: `Joint Resolution relating to
Central America pursuant to the International Security and Development
Cooperation Act of 1985.'.
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``(3) A joint resolution shall, upon introduction, be referred to
the appropriate committee or committees of the House of
Representatives.
``(4) If all the committees of the House to which a joint
resolution has been referred have not reported the same joint
resolution by the end of 15 legislative days after the first joint
resolution was introduced, any committee which has not reported the
first joint resolution introduced shall be discharged from further
consideration of that joint resolution and that joint resolution shall
be placed on the appropriate calendar of the House.
``(5)(A) At any time after the first joint resolution placed on the
appropriate calendar has been on that calendar for a period of 5
legislative days, it is in order for any Member of the House (after
consultation with the Speaker as to the most appropriate time for the
consideration of that joint resolution) to move that the House resolve
itself into the Committee of the Whole House on the State of the Union
for the consideration of that joint resolution. The motion is highly
privileged and is in order even though a previous motion to the same
effect has been disagreed to. All points or order against the joint
resolution under clauses 2 and 6 of Rule XXI of the Rules of the House
are waived. If the motion is agreed to, the resolution shall remain the
unfinished business of the House until disposed of. A motion to
reconsider the vote by which the motion is disagreed to shall not be in
order.
``(B) Debate on the joint resolution shall not exceed ten hours,
which shall be divided equally between a Member favoring and a Member
opposing the joint resolution. A motion to limit debate is in order at
any time in the House or in the Committee of the Whole and is not
debatable.
``(C) An amendment to the joint resolution is not in order.
``(D) At the conclusion of the debate on the joint resolution, the
Committee of the Whole shall rise and report the joint resolution back
to the House, and the previous question shall be considered as ordered
on the joint resolution to final passage without intervening motion.
``(6) As used in this subsection, the term `legislative day' means
a day on which the House is in session.''.
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(t) \39\ * * * [Repealed--1987]
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\39\ Sec. 111(m)(1) of the Continuing Appropriations Act, 1988
(Public Law 100-202), repealed subsec. (t), which had read as follows:
``(t) Senate Procedures.--A joint resolution which is introduced in
the Senate within 3 calendar days after the day on which the Congress
receives a Presidential request described in subsection (p) and which,
if enacted, would grant the President the authority to take any or all
of the actions described in subsection (p) shall be considered in
accordance with procedures contained in paragraphs (3) through (7) of
section 8066(c) of the Department of Defense Appropriations Act, 1985
(as contained in Public Law 98-473), except that--
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``(1) references in such paragraphs to the Committees on Appropriations
of the Senate shall be deemed to be references to the appropriate committee
or committees of the Senate; and
``(2) amendments to the joint resolution are in order.''.
(u) Congressional Rulemaking Powers.--Subsections (n), (o),
(s), and (t) are enacted--
(1) as exercises of the rulemaking powers of the
House of Representatives and Senate, and as such they
are deemed a part of the Rules of the House and the
Rules of the Senate, respectively, but applicable only
with respect to the procedure to be followed in the
House and the Senate in the case of joint resolutions
under this section, and they supersede other rules only
to the extent that they are inconsistent with such
rules; and
(2) with full recognition of the constitutional right
of the House and the Senate to change their rules at
any time, in the same manner, and to the same extent as
in the case of any other rule in the House or Senate,
and of the right of the Committee on Rules of the House
of Representatives to report a resolution for the
consideration of any measure.
TITLE VIII--AFRICA
SEC. 801. BALANCE-OF-PAYMENTS SUPPORT FOR COUNTRIES IN AFRICA.
(a) ESF Commodity Import and Sector Programs.--Agreements
with countries in Africa which provide for the use of funds
made available to carry out chapter 4 of part II of the Foreign
Assistance Act of 1961 for the fiscal years 1986 and 1987 to
finance imports by those countries (under commodity import
programs or sector programs) shall require that those imports
be used to meet long-term development needs in those countries
in accordance with the following criteria:
(1) Spare parts and other imports shall be allocated
on the basis of evaluations, by the agency primarily
responsible for administering part I of that Act, of
the ability of likely recipients to use such spare
parts and imports in a maximally productive, employment
generating, and cost effective way.
(2) Imports shall be coordinated with investments in
accordance with the recipient country's plans for
promoting economic development. The agency primarily
responsible for administering part I of that Act shall
assess such plans to determine whether they will
effectively promote economic development.
(3) Emphasis shall be placed on imports for
agricultural activities which will expand agricultural
production, particularly activities which expand
production for export or production to reduce reliance
on imported agricultural products.
(4) Emphasis shall also be placed on a distribution
of imports having a broad development impact in terms
of economic sectors and geographic regions.
(5) In order to maximize the likelihood that the
imports financed by the United States under such
chapter are in addition to imports which would
otherwise occur, consideration shall be given to
historical patterns of foreign exchange uses.
(6)(A) Seventy-five percent of the foreign currencies
generated by the sale of such imports by the government
of the country shall be deposited in a special account
established by that government and, except as provided
in subparagraph (B), shall be available only for use in
accordance with the agreement for economic development
activities which are consistent with the policy
directions of section 102 of the Foreign Assistance Act
of 1961 and which are the types of activities for which
assistance may be provided under sections 103 through
106 of that Act.
(B) The agreement shall require that the government
of the country make available to the United States
Government such portion of the amount deposited in the
special account as may be determined by the President
to be necessary for requirements of the United States
Government.
(b) Annual Evaluations.--The agency primarily responsible
for administering part I of the Foreign Assistance Act of 1961
shall conduct annual evaluations of the extent to which the
criteria set forth in this subsection have been met.
SEC. 802.\40\ ECONOMIC SUPPORT ASSISTANCE FOR SOUTHERN AFRICA.
(a) Funds for Southern Africa Regional Programs.--Of the
amounts authorized to be appropriated to carry out chapter 4 of
part II of the Foreign Assistance Act of 1961, not less than
$30,000,000 for fiscal year 1986 and not less than $30,000,000
for fiscal year 1987 shall be available only for regional
programs in southern Africa. Not less than 50 percent of each
of these amounts shall be allocated to assist sector projects
supported by the Southern Africa Development Coordination
Conference (SADCC) to enhance the economic development of the
nine member states forming this important regional institution,
especially in the following sectors: transportation,
agriculture research and training, manpower development, and
institutional support for the SADCC secretariat.
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\40\ Sec. 4(b)(1) of the South African Democratic Transition
Support Act of 1993 (Public Law 103-149; 107 Stat. 1505) repealed
subsecs. (c) and (d) of this section. Those subsections stated
eligibility criteria for funds for South Africa educational training
programs and for the Human Rights Fund for South Africa through chapter
4 of part II of the Foreign Assistance Act of 1961 for fiscal years
1986 and 1987.
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(b) Studies Relating to Southern Africa Regional
Programs.--(1) The administrator of the agency primarily
responsible for administering part I of the Foreign Assistance
Act of 1961 shall conduct a study which evaluates--
(A) the assistance which that agency provides to the
Southern Africa Development Coordination Conference and
other African regional institutions and economic
development organizations, and
(B) ways to improve such assistance.
(2) The administrator shall also conduct a study which
assesses what type of bureaucratic mechanism within that agency
might be established to coordinate assistance to all African
regional institutions.
(3) The administrator shall submit the results of the
studies conducted pursuant to this subsection to the Congress
within 3 months after the date of enactment of this Act.
SEC. 803. POLICY TOWARD SOUTH AFRICAN ``HOMELANDS''.
(a) Findings.--The Congress finds that--
(1) the sanctity of the family, individual liberty,
maximum freedom of choice, ownership of private
property, and equal treatment of all citizens,
regardless of race, are principles which are fully
supported by the American people;
(2) the forced relocation of blacks by the Government
of the Republic of South Africa to designated
``homelands'' divides families, as families are
required to remain in the ``homelands'' while fathers
seek work in the so-called ``white areas'';
(3) the forced removal of persons living in so-called
``black spots'' in ``white'' rural areas in South
Africa denies them the fundamental right to live and to
farm on land they have legally occupied for years, and
subjects them to arbitrary arrest and detention when
they seek these rights;
(4) compared to ``white'' South Africa, the
designated ``homelands'', which are meant to
accommodate the largest South African population group
on a fraction of South African territory and were
established without the consent of the vast majority of
the governed, are characterized by high rates of infant
mortality, unemployment, and malnutrition and by a
severe shortage of medical services;
(5) the policy of the Government of the Republic of
South Africa denies blacks their rightful claim to full
South African citizenship; and
(6) the recent violence in South Africa must be seen
as an inevitable result of the denial of the full
rights of citizenship.
(b) Statement of Policy.--It is the sense of the Congress
that--
(1) the policy of separate development and the forced
relocation of the people of the Republic of South
Africa are inconsistent with fundamental American
values and internationally recognized principles of
human rights;
(2) the Government of the United States should
continue to regard as citizens of South Africa all
persons born within the internationally recognized
boundaries of the Republic of South Africa, and not
differentiate among these citizens on the basis of the
South African Government's claim to have granted
independence to various ``homelands'';
(3) at such times that any ``homeland'' official
applies for a visa for travel to the United States,
such visa should not be granted unless that official
holds a passport which is recognized as valid by the
Government of the United States; and
(4) the Government of the United States should urge
that the forced relocation of South African citizens be
discontinued and that policies be adopted for all South
Africa's citizens which protect the sanctity of the
family, individual liberty, maximum freedom of choice,
ownership of private property, and equal treatment of
all citizens, regardless of race.
SEC. 804. ASSISTANCE FOR ZAIRE.
(a) Economic Support Assistance.--Funds allocated for
assistance for Zaire under chapter 4 of part II of the Foreign
Assistance Act of 1961 for each of the fiscal years 1986 and
1987 shall be used only for assistance which is provided in
accordance with the provisions applicable to assistance under
chapter 1 of part I of the Foreign Assistance Act of 1961. Such
assistance shall be provided, to the maximum extent
practicable, through private and voluntary organizations.
(b) Military Assistance.--For each of the fiscal years 1986
and 1987--
(1) the value of assistance provided under chapter 2
of part II of the Foreign Assistance Act of 1961 for
Zaire may not exceed $7,000,000; and
(2) financing may not be provided under the Arms
Export Control Act of Zaire.
SEC. 805. ASSISTANCE FOR TUNISIA.
(a) Policy Concerning Security Assistance.--The United
States provides security assistance to Tunisia in recognition
of the traditional friendship between the United States and
Tunisia and our common interests in the region. The provision
of such assistance is also based on the expectation that
political stability and development in Tunisia will be best
advanced through continued growth of democratic institutions.
(b) Earmarking of MAP and ESF.--For each of the fiscal
years 1986 and 1987--
(1) not less than $15,000,000 of the amounts
authorized to be appropriated to carry out chapter 2 of
part II of the Foreign Assistance Act of 1961, and
(2) not less than $20,000,000 \41\ of the amounts
authorized to be appropriated to carry out chapter 4 of
part II of that Act,
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\41\ Title III of the Foreign Assistance and Related Programs
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
1301), appropriated for Foreign Military Sales for fiscal year 1986:
``not less than $27,000,000 of concessional credits shall be provided
only for Tunisia.''.
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shall be available only for Tunisia.
SEC. 806. POLITICAL SETTLEMENT IN SUDAN.
(a) Findings.--The Congress finds that--
(1) friendship and mutual interests bind the United
States and Sudan; and
(2) the peace, security, and economic development of
Sudan depend in large part on addressing the problems
associated with the traditional north-south division in
that country through political rather than military
means.
(b) \42\ United States Policy.--It is, therefore, the
policy of the United States that the provision of security
assistance to Sudan shall be based on the expectation that the
Government of Sudan will make progress toward reaching a
political settlement with all parties to the conflict in the
south of Sudan.
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\42\ Sec. 542 of the Foreign Assistance and Related Programs
Appropriations Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat.
3341-236), provided:
``None of the funds provided in this Act shall be available for the
Sudan if the President determines that the Sudan is acting in a manner
that would endanger the stability of the region, or the Camp David
peace process.''.
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SEC. 807. ELECTIONS IN LIBERIA.
In recognition of the special relationship that the United
States has with Liberia and of the wide variety of interests
that the United States has in Liberia, security assistance for
Liberia for fiscal years 1986 and 1987 is based on the
expectation of a successful completion of free and fair
elections, on a multiparty basis, in October 1985 as proposed
by the Government of Liberia and on a return to full civilian,
constitutional rule as a consequence of those elections.
SEC. 808. WESTERN SAHARA.
(a) United States Policy.--The policy of the United States
shall be to support a negotiated political solution to the
conflict in the Western Sahara taking into account the
principle of self-determination as outlined in the 1981 Nairobi
resolution and to encourage all parties to the conflict to
reach a peaceful internationally recognized settlement. As part
of this policy, the United States should carefully consider
each type of military assistance it furnishes to any of the
parties to the conflict and should seek to insure that the
furnishing of such military assistance is consistent with
United States policy which seeks a negotiated settlement.
(b) Further Statement of Policy.--It is the further policy
of the United States to support Morocco's legitimate defense
needs and to discourage aggression by any country in North
Africa against another.
* * * * * * *
SEC. 812.\43\ FAILURE OF THE ETHIOPIAN GOVERNMENT TO RESPONSIBLY
AMELIORATE FAMINE CONDITIONS. * * * [REPEALED--
1991]
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\43\ Sec. 118 of the Further Continuing Appropriations, 1992
(Public Law 102-145, as amended), repealed sec. 812, subsecs. (c) and
(d) of which provided the following:
``(c) Prohibition on Imports and Exports.--(1) The President shall
determine, within 30 days after the date of enactment of this Act,
whether the Ethiopian regime is conducting a deliberate policy of
starvation of its people and has not granted fundamental human rights
to its citizens. The President shall submit that determination, and the
basis for the determination, to the Congress.
``(2) If the President determines that such a policy is being
conducted and that such rights are not being granted, paragraph (3)
shall take effect if the Congress enacts a joint resolution approving
that determination.
``(3) If the conditions specified in paragraph (1) and (2) are
met--
---------------------------------------------------------------------------
``(A) goods and services of Ethiopian origin may not be imported into the
United States; and
``(B) except for emergency relief, rehabilitation, and recovery
assistance, goods, and services of United States origin may not be exported
(directly or indirectly) to Ethiopia.
---------------------------------------------------------------------------
``(d) Prohibition on Economic Assistance.--The President shall
suspend all forms of economic assistance to the Government of Ethiopia.
This section shall not be construed to prevent the furnishing of
international disaster assistance under section 491 of the Foreign
Assistance Act of 1961 or economic assistance which will directly
benefit people in accordance with section 116 of that Act.''.
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SEC. 813. ASSISTANCE FOR THE PEOPLE'S REPUBLIC OF MOZAMBIQUE.
(a) Economic Assistance.--The funds authorized to be
appropriated for fiscal years 1986 and 1987 to carry out
chapter 1 of part I (relating to development assistance) and
chapter 4 of part II (relating to the economic support fund) of
the Foreign Assistance Act of 1961 that are allocated for
bilateral assistance to the People's Republic of Mozambique
shall be used solely for assistance to the private sector of
the economy of Mozambique to the maximum extent practicable. To
the maximum extent practicable, such funds shall be channeled
to non-governmental entities in Mozambique.
(b) Military Assistance.--(1) None of the funds authorized
to be appropriated for fiscal year 1986 or fiscal year 1987 to
carry out chapter 2 of part II (relating to grant military
assistance) or chapter 5 of part II (relating to international
military education and training) of the Foreign Assistance Act
of 1961 shall be used to provide assistance to the People's
Republic of Mozambique unless the President makes the
certification described in paragraph (2) before providing any
such assistance for that fiscal year.
(2) The certification required by paragraph (1) is a
certification by the President to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate that the Government of the People's
Republic of Mozambique--
(A) is making a concerted and significant effort to
comply with internationally recognized human rights;
(B) is making continued progress in implementing
essential economic and political reforms, including the
restoration of private property and respect for the
right to engage in free enterprise in all sectors of
the economy;
(C) has implemented a plan by September 30, 1986, to
reduce the number of foreign military personnel to no
more than 55; and
(D)(i) in the case of a certification with respect to
assistance for fiscal year 1986, is committed to
holding free elections at a date no later than
September 30, 1986, and to that end has demonstrated
its good faith efforts to begin discussions with all
major political factions in Mozambique which have
declared their willingness to find and implement an
equitable political solution to the conflict, with such
solution to involve a commitment to--
(I) the electoral process with
internationally recognized observers; and
(II) the elimination of all restrictions on
the formation and activities of opposition
political parties; and
(ii) in the case of a certification with respect to
assistance for fiscal year 1987, held free elections by
September 30, 1986.
TITLE IX--ASIA
SEC. 901. THE PHILIPPINES.\44\
(a) Democracy in the Philippines.--It is the sense of the
Congress that the United States should encourage the
revitalization of democracy in the Philippines. To that end,
the Congress affirms its intention to grant future aid to the
Philippines according to the determination of the Congress that
United States security interests are enhanced and sufficient
progress is made by the Government of the Philippines in--
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\44\ Title II of the Foreign Assistance and Related Programs
Appropriations Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat.
3341-221), provided:
---------------------------------------------------------------------------
``economic support fund
---------------------------------------------------------------------------
``That not less than an additional sum of $200,000,000 shall be
available only for the Philippines: * * *.''
Title I, Chapter V of the Urgent Supplemental Appropriations Act,
1986 (Public Law 99-349; 100 Stat. 726), further provided:
---------------------------------------------------------------------------
``Special Assistance to the Philippines
``economic support fund
---------------------------------------------------------------------------
``For an additional amount for the `Economic Support Fund',
$100,000,000, to remain available until March 31, 1987: Provided, That
this amount shall be available only for the Philippines: Provided
further, That none of these funds may be available for obligation
unless the Appropriations Committees of both Houses of Congress are
previously notified fifteen days in advance.
---------------------------------------------------------------------------
``military assistance
---------------------------------------------------------------------------
``For an additional amount for `Military Assistance', $50,000,000,
to remain available until March 31, 1987: Provided, That this amount
shall be available only for the Philippines: Provided further, That
none of these funds may be available for obligation unless the
Appropriations Committees of both Houses of Congress are previously
notified fifteen days in advance.''.
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(1) guaranteeing free, fair, and honest elections in
1986 and 1987, or sooner should any such elections
occur;
(2) ensuring the full, fair, and open prosecution of
those responsible for the murder of Benigno Aquino,
including those involved in the cover-up;
(3) ensuring freedom of speech and freedom of the
press, and unrestricted access to the media on the part
of all candidates for public office in the local and
provincial elections of 1986 and the Presidential
election of 1987;
(4) establishing the writ of habeas corpus and the
termination of the Presidential Detention Action and
all other forms of detention without charge or trial;
(5) releasing all individuals detained or imprisoned
for peaceful political activities;
(6) making substantial progress in terminating
extrajudicial killings by the Philippine military and
security forces and the prosecution of those
responsible for such killings in the past;
(7) implementing structural economic reforms and a
strengthening of the private sector, including
elimination of corruption and monopolies; and
(8) enhancing the professional capability of the
Philippine armed forces and security forces (including
the Philippine Constabulary and the Civilian House
Defense Forces).
(b) Primary Purpose of United States Assistance.--The
Congress finds and declares that the primary purpose of United
States assistance to the Philippines should be to maintain and
foster friendly relations between the people of the Philippines
and the people of the United States and to encourage the
restoration of internal security, both of which goals can be
best served by the achievement of an open and stable democracy.
(c) Congressional Oversight.--The Congress, in determining
future aid levels for the Philippines, will take into account
not only our military bases agreement with that country, but
also the extent to which the objectives and goals specified in
subsections (a) and (b) have been implemented. The Congress may
defer assistance for the Philippines under both chapter 2 of
part II of the Foreign Assistance Act of 1961 and the Arms
Export Control Act if--
(1) significant progress is not achieved with respect
to the objectives and goals specified in subsections
(a) and (b), or
(2) the Congress finds that such assistance is used
to violate the internationally recognized human rights
of the Filipino people.
(d) \45\ * * * [Repealed--1986]
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\45\ Sec. 556 of the Foreign Assistance and Related Programs
Appropriations Act (in sec. 101(f) of Public Law 99-591; 100 Stat.
334), repealed sec. (d). It formerly read as follows:
``(d) Amounts of Assistance.--Of the amounts authorized to be
appropriated for each of the fiscal years 1986 and 1987--
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``(1) to carry out the Arms Export Control Act (relating to foreign
military sales financing), not more than $20,000,000 may be used for
assistance for the Philippines;
``(2) to carry out chapter 2 of part II of the Foreign Assistance Act of
1981 (relating to grant military assistance), not more than $50,000,000 may
be used for assistance for the Philippines; and
``(3) to carry out chapter 4 of part II of the Foreign Assistance Act of
1981 (relating to the economic support fund), $110,000,000 shall be
available only for the Philippines.''.
(e) Nonlethal Assistance.--Assistance provided for the
Philippines for fiscal year 1986 under the Arms Export Control
Act or under chapter 2, of part II of the Foreign Assistance
Act of 1961 shall be nonlethal in character.
* * * * * * *
SEC. 903. DISADVANTAGED CHILDREN IN ASIA.
(a) * * *
(b) Additional Steps To Help Amerasian Children.--The
Congress finds that Amerasian children are currently the object
of discrimination in the countries in Asia where they now
reside. Therefore, the President shall report to the Congress
on the quality of life of these children and on what additional
steps, such as facilitating adoptions, the United States could
take to enhance the lives of these children.
SEC. 904.\46\ ASSISTANCE FOR AFGHANISTAN.
(a) Authorization.--The President may make available funds
authorized to be appropriated to carry out chapter 4 of part II
of the Foreign Assistance Act of 1961 (relating to the economic
support fund) for the provision of food, medicine, or other
humanitarian assistance to the Afghan people, notwithstanding
any other provision of law.
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\46\ 22 U.S.C. 2374 note.
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(b) \47\ Earmarking of Funds.--Each fiscal year, not less
than $15,000,000 of the aggregate amount of funds available to
carry out chapter 4 of part II of the Foreign Assistance Act of
1961 shall be available only for humanitarian assistance to the
Afghan people pursuant to subsection (a) of this section.
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\47\ Sec. 541 of the Foreign Assistance and Related Programs
Appropriations Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat.
3341-236), provided:
``Not less than $300,000,000 of the aggregate amount of funds
appropriated by this Act to carry out the provisions of chapter 1 of
part I of the Foreign Assistance Act of 1961 and chapter 4 of part II
of that Act, shall be available for the provision of food, medicine, or
other humanitarian assistance to the Afghan people, notwithstanding any
other provision of law.''.
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(c) Effective Dates.--This section shall take effect on the
date of enactment of this Act, except that subsection (b) shall
not apply to fiscal year 1985.
SEC. 905. ASSISTANCE FOR THE CAMBODIAN PEOPLE.
The President may make available to the noncommunist
resistance forces in Cambodia up to $5,000,000 for fiscal year
1986, and up to $5,000,000 for fiscal year 1987, of the funds
authorized to be appropriated to carry out chapter 2 (relating
to grant military assistance) or chapter 4 (relating to the
economic support fund) of part II of the Foreign Assistance Act
of 1961, notwithstanding any other provision of law.
SEC. 906. PROHIBITION ON CERTAIN ASSISTANCE TO THE KHMER ROUGE.
(a) Prohibition.--Notwithstanding any other provision of
law, none of the funds authorized to be appropriated by this
Act or any other Act may be obligated or expended for the
purpose or with the effect of promoting, sustaining, or
augmenting, directly or indirectly, the capacity of the Khmer
Rouge or any of its members to conduct military of paramilitary
operations in Cambodia or elsewhere in Indochina.
(b) Deobligation of Certain Funds.--All funds appropriated
before the date of enactment of this section which were
obligated but not expended for activities having the purpose or
effect described in subsection (a) shall be deobligated and
shall be deposited in the Treasury of the United States as
miscellaneous receipts.
(c) Exception for Humanitarian Assistance.--This section
shall not be construed as limiting the provision of food,
medicine, or other humanitarian assistance to the Cambodian
people.
SEC. 907. POLITICAL SETTLEMENT IN SRI LANKA.
(a) Findings.--The Congress finds that--
(1) the Government and people of Sri Lanka and the
Government and people of the United States share a
common devotion to independence, democracy, and human
rights;
(2) the United States is concerned over the armed
clashes between the security forces of the Government
of Sri Lanka and some Sri Lankans who seek through
violent means, including terrorist attacks, to divide
that nation;
(3) there have been acts of terrorism committed
against members of the Sri Lankan security forces, as
well as against civilians, and there have been human
rights abuses by members of the security forces against
civilians, particularly Tamils, despite the efforts of
the Government, which the Congress believes must be
intensified, to put an end to those abuses;
(4) the differences and grievances in Sri Lanka
cannot be resolved through the use of force; and
(5) the United States is a proud participant through
its economic assistance programs in Sri Lanka's highly
regarded development efforts and looks forward to
enhanced cooperation and assistance in the context of a
political settlement in Sri Lanka leading to the kind
of peaceful climate in which additional aid could be
effectively utilized.
(b) Political Settlement.--It is, therefore, the sense of
the Congress that--
(1) all parties in Sri Lanka, from all communities in
and out of government, should renew their efforts to
achieve a joint political settlement which meets the
legitimate concerns of all the people of Sri Lanka,
while preserving the territorial integrity of Sri
Lanka; and
(2) all parties outside Sri Lanka should do nothing
which would impede progress toward such a settlement.
SEC. 908. UNITED STATES POLICY TOWARD THE REPUBLIC OF KOREA.
(a) Findings.--The Congress finds that--
(1) the Government of the Republic of Korea has taken
several significant and encouraging steps in
liberalizing the political system in that country;
(2) among the steps which have facilitated a more
democratic environment are the release of hundreds of
student demonstrators, the lifting of a political ban
on more than 300 opposition leaders, and the holding of
a vigorously contested election for the National
Assembly in which the opposition made substantial
gains;
(3) despite these steps, the people of the Republic
of Korea, who have become increasingly better educated
and prosperous as a result of Korea's extraordinarily
rapid economic development, have the desire and the
capability to participate more fully and effectively in
the government of their own country; and
(4) while internationally recognized human rights are
clearly respected much more in the Republic of Korea
than in the Democratic People's Republic of Korea,
continued progress toward democratization in the south
is in the interests of both the Republic of Korea and
the United States, inasmuch as long-term political
stability cannot be assured in the absence of further
progress towards democratic government.
(b) United States Policy.--It is the policy of the United
States to provide assistance to the Republic of Korea in order
to help that country defend itself against external aggression.
It is the hope of the United States that the continuing close
relations between our two countries, including such assistance,
will encourage the establishment of a genuinely democratic
system in the Republic of Korea, in which internationally
recognized human rights, including freedom of the press,
freedom of association, and freedom of assembly are observed.
TITLE X--FOOD AND AGRICULTURAL ASSISTANCE
* * * * * * *
SEC. 1008. LONG-TERM AGRICULTURAL COMMODITY AGREEMENTS WITH FOOD
DEFICIT COUNTRIES.
As part of the United States foreign assistance program,
the President should explore the possibility of concluding
long-term agricultural commodity agreements to help stabilize
and increase the flow of concessional and commercial foodstuffs
with food deficit countries. The President shall prepare and
transmit to the Congress a report on his efforts to achieve
such long-term agreements by June 1, 1986.
TITLE XI--PEACE CORPS
* * * * * * *
SEC. 1103.\48\ LIMITATION ON LENGTH OF PEACE CORPS EMPLOYMENT. * * *
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\48\ For text, see Legislation on Foreign Relations Through 2008,
vol. I-B.
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SEC. 1104.\48\ PEACE CORPS NATIONAL ADVISORY COUNCIL.
* * * * * * *
TITLE XII--MISCELLANEOUS PROVISIONS RELATING TO FOREIGN ASSISTANCE
* * * * * * *
SEC. 1205.\49\ REPORTS ON ECONOMIC CONDITIONS IN CERTAIN COUNTRIES.
(a) External Debt Burden of Certain Countries Receiving
United States Assistance.--The Congress finds that the
Governments of Egypt, Israel, Turkey, and Portugal each have an
enormous external debt burden which may be made more difficult
by virtue of financing provided for those governments under
various United States assistance programs.
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\49\ 22 U.S.C. 2346 note. Sec. 209(e)(1) of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of
Public Law 106-113; 113 Stat. 1536), exempted the reports required
pursuant to sec. 1205 from the application of sec. 3003(a)(1) of the
Federal Reports Elimination and Sunset Act of 1995 (Public Law 104-66;
31 U.S.C. 1113 note), as amended, which provided that ``each provision
of law requiring the submittal to Congress (or any committee of the
Congress) of any annual, semiannual, or other regular periodic report
specified * * * shall cease to be effective, with respect to that
requirement, May 15, 2000.''.
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(b) Annual Reports on Economic Conditions.--In order to
assist the Congress in examining United States assistance for
those countries, the President shall report to the Speaker of
the House of Representatives and to the chairman of the
Committee on Foreign Relations of the Senate, not later than
January 15 of each year, regarding economic conditions
prevailing in Egypt, Israel, Turkey, and Portugal which may
affect their respective ability to meet their international
debt obligations and to stabilize their economies.
SEC. 1206. EGYPTIAN-ISRAELI RELATIONS.
The Congress notes the recent effort of Egypt to move the
peace process forward. However, the Congress continues to be
concerned about the less than normal relations between Egypt
and Israel. It is the sense of the Congress that all United
States foreign assistance to Egypt is provided in the
expectation that the Egyptian Government will continue in its
efforts to bring peace to the region and that it will continue
to support and fulfill the provisions of the Camp David Accords
and the Egyptian-Israeli Peace Treaty.
* * * * * * *
SEC. 1210. REPORT ON UNITED STATES ASSISTANCE TO COAL EXPORTING
NATIONS.
Not later then 30 days after the date of enactment of this
Act, the President shall submit to the appropriate committees
of the Congress a report describing the status and terms of,
and containing all other pertinent information relating to, any
United States Government assistance which is provided to
foreign nations that produce or export coal for the purpose of
financing or assisting in the development of coal production,
transportation, export, or other coal-related activities or
operations.
* * * * * * *
TITLE XIII--MISCELLANEOUS PROVISIONS
SEC. 1301.\50\ EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act shall
take effect on October 1, 1985.
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\50\ 22 U.S.C. 2151 note.
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SEC. 1302.\51\ CODIFICATION OF POLICY PROHIBITING NEGOTIATIONS WITH THE
PALESTINE LIBERATION ORGANIZATION
(a) United States Policy.--The United States in 1975
declared in a memorandum of agreement with Israel, and has
reaffirmed since, that ``The United States will continue to
adhere to its present policy with respect to the Palestine
Liberation Organization, whereby it will not recognize or
negotiate with the Palestine Liberation Organization so long as
the Palestine Liberation Organization does not recognize
Israel's right to exist and does not accept Security Council
Resolutions 242 and 338.''.
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\51\ 22 U.S.C. 2151 note. Sec. 531 of the Foreign Assistance
Appropriations Act, 1986 (Sec. 101(i) of Public Law 99-190; 99 Stat.
1307), provided the following:
``In reaffirmation of the 1975 memorandum of agreement between the
United States and Israel, and in accordance with section 1302 of the
International Security and Development Cooperation Act of 1985 (Public
Law 99-83), no employee of or individual acting on behalf of the United
States Government shall recognize or negotiate with the Palestine
Liberation Organization or representatives thereof, so long as the
Palestine Liberation Organization does not recognize Israel's right to
exist, does not accept Security Council Resolutions 242 and 338, and
does not renounce the use of terrorism.''. Sec. 530 of the Foreign
Assistance and Related Programs Appropriations Act, 1987 (sec. 101(f)
of Public Law 99-591; 100 Stat. 3341-231) contained identical language.
Sec. 527 of the Foreign Assistance and Related Agencies
Appropriations Act 1987 (see. 101(f) of Public Law 99-591; 100 Stat.
3341-230) provided:
``Notwithstanding any other provision of law or this Act, none of
the funds provided for ``International organizations and programs''
shall be available for the United States proportionate share for any
programs for the Palestine Liberation Organization, the Southwest
African Peoples Organization, Libya, Iran, or, at the discretion of the
President, Communist countries listed in section 620(f) of the Foreign
Assistance Act of 1961, as amended.''.
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(b) Reaffirmation and Codification of Policy.--The United
States hereby reaffirms that policy. In accordance with that
policy, no officer or employee of the United States Government
and no agent or other individual acting on behalf of the United
States Government shall negotiate with the Palestine Liberation
Organization or any representatives thereof (except in
emergency or humanitarian situations) unless and until the
Palestine Liberation Organization recognizes Israel's right to
exist, accepts United Nations Security Council Resolutions 242
and 338 and renounces the use of terrorism, except that no
funds authorized to be appropriated by this or any other Act
may be obligated or made available for the conduct of the
current dialogue on the Middle East process with any
representative of the Palestine Liberation Organization if the
President knows and advises the Congress that the
representative directly participated in the planning or
execution of a particular terrorist activity which resulted in
the death or kidnapping of a United States citizen.\52\
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\52\ Sec. 108 of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 15; approved
February 16, 1990), added text to this point from ``, except that no
funds * * *''.
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SEC. 1303.\53\ COMMISSION FOR THE PRESERVATION OF AMERICA'S HERITAGE
ABROAD.
(a) Purpose.--Because the fabric of a society is
strengthened by visible reminders of the historical roots of
the society, it is in the national interest of the United
States to encourage the preservation and protection of the
cemeteries, monuments, and historic buildings associated with
the foreign heritage of United States citizens.
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\53\ 16 U.S.C. 469j. The Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 839), provides the following:
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``Commission for the Preservation of America's Heritage Abroad
``salaries and expenses
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``For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $599,000, as authorized by section 1303 of
Public Law 99-83.''.
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(b) Establishment.--There is established a commission to be
known as the Commission for the Preservation of America's
Heritage Abroad (hereafter in this section referred to as the
``Commission'').
(c) Duties.--The Commission shall--
(1) identify and publish a list of those cemeteries,
monuments, and historic buildings located abroad which
are associated with the foreign heritage of United
States citizens from eastern and central Europe,
particularly those cemeteries, monuments, and buildings
which are in danger of deterioration or destruction;
(2) encourage the preservation and protection of such
cemeteries, monuments, and historic buildings by
obtaining, in cooperation with the Department of State,
assurances from foreign governments that the
cemeteries, monuments, and buildings will be preserved
and protected; and
(3) prepare and disseminate reports on the condition
of and the progress toward preserving and protecting
such cemeteries, monuments, and historic buildings.
(d) Membership.--(1) The Commission shall consist of 21
members appointed by the President, 7 of whom shall be
appointed after consultation with the Speaker of the House of
Representatives and 7 of whom shall be appointed after
consultation with the President pro tempore of the Senate.
(2)(A) Except as provided in subparagraphs (B) and (C),
members of the Commission shall be appointed for terms of 3
years.
(B) Of the members first appointed after consultation with
the Speaker of the House of Representatives, 5 shall be
appointed for 2 years.
(C) A member appointed to fill a vacancy on the Commission
shall serve for the remainder of the term for which the
member's predecessor was appointed.
(D) A member may retain membership on the Commission until
the member's successor has been appointed.
(3) The President shall designate the Chairman of the
Commission from among its members.
(e) Meetings.--The Commission shall meet at least once
every six \54\ months.
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\54\ Sec. 620 of the Departments of Commerce, Justice, and State,
the Judiciary and Related Agencies Appropriations Act, 1999 (division
A, sec. 101(b) of Public Law 105-277; 112 Stat. 2681) struck out
``three'' and inserted in lieu thereof ``six''.
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(f) Compensation and Per Diem.--(1) Members of the
Commission shall receive no pay on account of their service on
the Commission.
(2) While away from their homes or regular places of
business in the performance of services for the Commission,
members of the Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, in the same manner
as persons employed intermittently in the Government service
are allowed expenses under section 5703 of title 5 of the
United States Code.
(g) Authorities.--(1) The Commission or any member it
authorizes may, for the purposes of carrying out this section,
hold such hearings, sit and act at such times and places,
request such attendance, take such testimony, and receive such
evidence, as the Commission considers appropriate.
(2) The Commission may appoint such personnel (subject to
the provisions of title 5 of the United States Code which
govern appointments in the competitive service) and may fix the
pay of such personnel (subject to the provisions of chapter 51
and subchapter III of chapter 53 of such title, relating to
classification and General Schedule pay rates) as the
Commission deems desirable.
(3) The Commission may procure temporary and intermittent
services to the same extent as is authorized by section 3109(b)
of title 5 of the United States Code, but at rates for
individuals not to exceed the daily equivalent of the maximum
annual rate of basic pay then in effect for grade GS-18 of the
General Schedule (5 U.S.C. 5332(a)).
(4) Upon request of the Commission, the head of any Federal
department or agency, including the Secretary of State, may
detail, on a reimbursable basis, any of the personnel of such
department or agency to the Commission to assist it in carrying
out its duties under this section.
(5) The Commission may secure directly from any department
or agency of the United States, including the Department of
State, any information necessary to enable it to carry out this
section. Upon the request of the Chairman of the Commission,
the head of such department or agency shall furnish such
information to the Commission.
(6) The Commission may accept, use, and dispose of gifts or
donations of money or property.
(7) The Commission may use the United States mails in the
same manner and upon the same conditions as other departments
and agencies of the United States.
(8) The Administrator of General Services shall provide to
the Commission on a reimbursable basis such administrative
support services as the Commission may request.
(h) Reports.--The Commission shall transmit an annual
report to the President and to each House of Congress as soon
as practicable after the end of each fiscal year. Each report
shall include a detailed statement of the activities and
accomplishments of the Commission during the preceding fiscal
year and any recommendations by the Commission for legislation
and administrative actions.
SEC. 1304.\55\ FEDERAL COAL EXPORT COMMISSION.
(a) Establishment.--The Secretary of Commerce shall
establish, within ninety days after the date of enactment of
this Act, a Federal Coal Export Commission (hereafter in this
section referred to as the ``Commission'').
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\55\ 15 U.S.C. 4011 note.
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(b) Membership.--The Commission shall be composed of thirty
members appointed by the Secretary of Commerce, as follows:
(1) Federal government representatives.--Ten members
shall be representatives of the International Trade
Administration, the Department of Energy, the
Department of State, the Department of Transportation,
the Office of the United States Trade Representative,
and a Federal institution involved in export financing.
(2) Private sector representatives.--
(A) Five members shall be representatives of
export coal producers, including traders and
brokers.
(B) Five members shall be representatives of
coal labor.
(C) Five members shall be representatives of
transporters of export coal, including
representatives of rail and barge carriers and
port authorities.
(D) Five members shall be representatives of
institutions having a substantial interest in
United States export coal financing.
(c) Expenses.--Members of the Commission shall serve
without pay. While away from their homes or regular places of
business in the performance of services for the Commission,
members of the Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, in the same manner
as persons employed intermittently in Government service are
allowed expenses under section 5703 of title 5 of the United
States Code.
(d) Cooperation.--All Federal departments and agencies are
authorized to cooperate with the Commission and to furnish
information, appropriate personnel, and such assistance as may
be agreed upon by the Commission and the Federal department or
agency involved.
(e) Activities.--The Commission shall convene not less than
four times a year for consultation on activities leading to
increased cooperation among entities involved in United States
coal exports, with the goal of expanding the United States
share of the international coal market. Activities of the
Commission shall include, but are not limited to, the
identification of--
(1) diplomatic channels to facilitate the exportation
of United States coal and methods to increase the
coordination of diplomatic efforts relating to such
exports;
(2) domestic and international impediments to coal
exports;
(3) foreign markets for United States export coal,
with emphasis on increasing United States coal sales to
developing nations and expanding the participation of
the United States International Development Cooperation
Agency in such an effort;
(4) availability of, and methods of, financing United
States coal exports, including the feasibility of
increasing Federal export financial and economic
assistance; and
(5) methods to promote, market, and coordinate United
States coal on the international market.
The Commission shall also examine the potential for small- and
medium-sized coal companies to enter the export coal trade
through export trading companies with respect to the marketing,
transportation, and financial services which such trading
companies may provide pursuant to the Export Trading Company
Act of 1982.
(f) Report.--The Commission shall submit to the President
and the Congress, within two years after its first meeting, a
report which details its findings pursuant to subsection (e)
and, based upon such findings, makes recommendations which
would lead to the expansion of the United States share of the
international metallurgical and steam coal market.
(g) Termination.--The Commission shall cease to exist upon
submission of its report pursuant to subsection (f).
(3) International Security and Development Assistance Authorizations
Act of 1983
Partial text of Public Law 98-151 [H.J. Res. 413], 97 Stat. at 964,
approved November 14, 1983
A JOINT RESOLUTION Making further continuing appropriations for the
fiscal year 1984.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, and out of applicable
corporate or other revenues, receipts, and funds, for the
several departments, agencies, corporations, and other
organizational units of the Government for the fiscal year
1984, and for other purposes, namely:
Sec. 101. (a) * * *
(b)(1) \1\ * * *
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\1\ Sec. 101(b)(1) is cited as the ``Foreign Assistance and Related
Programs Appropriations Act, 1984.''
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(2) Section 101(b)(2) of this joint resolution may be cited
as the ``International Security and Development Assistance
Authorizations Act of 1983''.
authorizations of appropriations
There is authorized to be appropriated to the President
$1,315,000,000 for the fiscal year 1984 to carry out section 23
of the Arms Export Control Act. The total principal amount of
loans guaranteed under section 24(a) of the Arms Export Control
Act shall not exceed $4,446,500,000 for the fiscal year 1984.
There are authorized to be appropriated for the fiscal year
1984 the following amounts to carry out the following
provisions of the Foreign Assistance Act of 1961:
(1) $725,213,000 to carry out section 103.
(2) $244,600,000 to carry out section 104(b).
(3) $133,400,000 to carry out section 104(c).
(4) $121,477,000 to carry out section 105.
(5) $160,000,000 to carry out section 106.
(6) $103,000,000 to carry out section 121.
(7) $30,000,000 to carry out section 214.
(8) $266,214,000 to carry out chapter 3 of part I.
(9) $47,000,000 to carry out section 481.
(10) $25,000,000 to carry out section 491.
(11) $3,074,000,000 to carry out chapter 4 of part
II.
(12) $639,700,000 to carry out section 503.
(13) $56,452,000 to carry out chapter 5 of part II.
(14) $46,200,000 to carry out chapter 6 of part II.
(15) $22,000,000 to carry out section 661.
(16) $370,000,000 to carry out section 667.
There is authorized to be appropriated to the President to
carry out the African Development Foundation Act $3,000,000 for
the fiscal year 1984.
There is authorized to be appropriated to carry out the
Peace Corps Act $116,000,000 of the fiscal year 1984.
Section 10 of Public Law 91-672 and section 15(a) of the
State Department Basic Authorities Act of 1956 shall not apply
with respect to funds appropriated for ``Migration and Refugee
Assistance'' or for the Inter-American Foundation by the joint
resolution of October 1, 1983 (Public Law 98-107), as amended
by this joint resolution.
assistance for israel and egypt \2\
* * * * * * *
conditions on military assistance for el salvador
Not more than 70 percent of the amount available for the
fiscal year 1984 for military assistance for El Salvador under
chapters 2 and 5 of part II of the Foreign Assistance Act of
1961 and under the Arms Export Control Act may be expended
until--
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\2\ This para. amended sec. 31 of the Arms Export Control Act and
sec. 532 of the Foreign Assistance Act of 1961, to provide
authorization levels for Israel and Egypt for fiscal year 1984.
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(1) Salvadoran authorities have substantially
concluded all investigative actions in the case of the
National Guardsmen charged with murder in the deaths of
the four United States churchwomen in December 1980
that were set forth in communications from the
Department of State (including the letters dated July 8
and September 23, 1983); and
(2) Salvadoran authorities have brought the accused
to trial and have obtained a verdict.
Not more than 90 percent of the amount made available for
the fiscal year 1984 for military assistance for El Salvador
under chapters 2 and 5 of part II of the Foreign Assistance Act
of 1961 and under the Arms Export Control Act may be expended
until the President has determined and certified to the
Congress that--
(1) the Government of El Salvador has not taken any
action which would alter, suspend, or terminate the
land reform program for phase I or phase III
promulgated under Decree 154 (dated March 5, 1980) or
Decree 207 (dated April 28, 1980) in a manner
detrimental to the rights of the beneficiaries or the
potential beneficiaries under those decrees; and
(2) the Government of El Salvador continues to make
documented progress on implementing the land reform
program.
minority set-aside
Except to the extent that the Administrator of the Agency
for International Development determines otherwise, not less
than 10 percent of the aggregate of the funds made available
for the fiscal year 1984 to carry out chapter 1 of part I of
the Foreign Assistance Act of 1961 shall be made available only
for activities of economically and socially disadvantaged
enterprises (within the meaning of section 133(c)(5) of the
International Development and Food Assistance Act of 1977),
historically Black colleges and universities, and private and
voluntary organizations which are controlled by individuals who
are Black Americans, Hispanic Americans, or Native Americans,
or who are economically and socially disadvantaged (within the
meaning of section 133(c)(5) (B) and (C) of the International
Development and Food Assistance Act of 1977). For purposes of
this section, economically and socially disadvantaged
individuals shall be deemed to include women.
minority resource center
None of the funds authorized to be appropriated for the
fiscal year 1984 to carry out the Foreign Assistance Act of
1961 may be used to eliminate the Minority Resource Center as a
separate and distinct entity within the Agency for
International Development, including implementation of a
consolidation of the Minority Resource Center with the Office
of Small and Disadvantaged Business Utilization under section
133(c)(8) of the International Development and Food Assistance
Act of 1977.
promoting the development of the haitian people and providing for
orderly emigration from haiti
It is the sense of the Congress that for the fiscal year
1984 up to $24,000,000 of the funds available to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961, and
up to $10,000,000 of the funds available to carry out chapter 4
of part II of such Act, should be made available for
development assistance for Haiti, subject to the limitation
contained in the third paragraph of this heading.
To the maximum extent practicable, assistance for Haiti
under chapter 1 of part I and under chapter 4 of part II of the
Foreign Assistance Act of 1961 should be provided through
private and voluntary organizations.
Funds available for fiscal year 1984 to carry out chapter 1
of part I or chapter 2, 4, or 5 of part II of the Foreign
Assistance Act of 1961 may be obligated for Haiti, and credits
may be extended and guarantees may be issued under the Arms
Export Control Act for Haiti, only if the President determines
that the Government of Haiti--
(1) is continuing to cooperate with the United States
in halting illegal emigration to the United States from
Haiti;
(2) is cooperating fully in implementing United
States development, food, and other economic assistance
programs in Haiti (including programs for prior fiscal
years); and
(3) is making a concerted and significant effort to
improve the human rights situation in Haiti by
implementing the political reforms which are essential
to the development of democracy in Haiti, including the
establishment of political parties, free elections, and
freedom of the press.
Six months after the date of enactment of this section, the
President shall report to the Congress on the extent to which
the actions of the Government of Haiti are consistent with each
numbered provision contained in the third paragraph of this
heading.
Notwithstanding the limitations of section 660 of the
Foreign Assistance Act of 1961, funds made available under such
Act for the fiscal year 1984 may be used for programs with
Haiti, which shall be consistent with prevailing United States
refugee policies, to assist in halting significant illegal
emigration from Haiti to the United States.
private sector revolving fund
The amendment contained in section 407 of H.R. 2992, as
reported by the Committee on Foreign Affairs of the House of
Representatives on May 17, 1983, is hereby enacted.\3\
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\3\ This amendment added a new sec. 108 to the Foreign Assistance
Act of 1961.
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antiterrorism assistance program
The amendments contained in title II of H.R. 2992, as
reported by the Committee on Foreign Affairs of the House of
Representatives on May 17, 1983, are hereby enacted,\4\ except
that, for purposes of such enactment, section 575 of the
Foreign Assistance Act of 1961 shall read as follows:
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\4\ These amendments added a new chapter 8 to part II of the
Foreign Assistance Act of 1961.
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``Sec. 575. Appropriations.--There is authorized to be
appropriated to the President to carry out this chapter
$5,000,000 for the fiscal year 1984. Amounts appropriated under
this section are authorized to remain available until
expended.''.
* * * * * * *
(4) International Security and Development Cooperation Act of 1981
Partial text of Public Law 97-113 [S. 1196], 95 Stat. 1519, approved
December 29, 1981; as amended by Public Law 97-233 [H.J. Res. 494], 96
Stat. 260, approved August 10, 1982; Public Law 98-53 [Conditions on
Aid to El Salvador, H.R. 1271], 97 Stat. 287, approved July 15, 1983;
Public Law 99-83 [International Security and Development Cooperation
Act of 1985, S. 960], 99 Stat. 190 at 247, approved August 8, 1985;
Public Law 101-162 [Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1990; H.R. 2991],
103 Stat. 1030, approved November 21, 1989; Public Law 101-513 [Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1991; H.R. 5114], 104 Stat. 1979, approved November 5, 1990; and Public
Law 103-199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved
December 17, 1993
Note.--Except for the provisions noted below, the
International Security and Development Cooperation Act
of 1981 consists of amendments to the Foreign
Assistance Act of 1961, the Arms Export Control Act,
the Peace Corps Act, Public Law 480 (now Food for Peace
Act), and several former foreign aid annual
authorization acts. These amendments are incorporated
into the texts of these Acts at the appropriate
locations.
AN ACT To authorize appropriations for the fiscal years 1982 and 1983
for international security and development assistance and for the Peace
Corps, to establish the Peace Corps as an autonomous agency, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
short title
Section 1. This Act may be cited as the ``International
Security and Development Cooperation Act of 1981''.
TITLE I--MILITARY SALES AND RELATED PROGRAMS
* * * * * * *
special defense acquisition fund
Sec. 108. (a) \1\ * * *
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\1\ Sec. 108(a) amended the Arms Export Control Act by adding a new
chapter 5 concerning the Special Defense Acquisition Fund.
---------------------------------------------------------------------------
(b) Section 138 of title 10, United States Code, is amended
by adding immediately following subsection (f) the following
new subsection:
``(g) The size of the Special Defense Acquisition Fund
established pursuant to chapter 5 of the Arms Export Control
Act may not exceed $300,000,000 in fiscal year 1982, may not
exceed $600,000,000 in fiscal year 1983, and may not exceed
$900,000,000 in fiscal year 1984 or any fiscal year
thereafter.''.\2\
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\2\ Sec. 1103 of the Department of Defense Authorization Act, 1983
(Public Law 97-252; 96 Stat. 738), amended subsec. (g) by inserting the
ceiling figure for fiscal year 1984.
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* * * * * * *
TITLE II--ECONOMIC SUPPORT FUND
* * * * * * *
acquisition of agricultural commodities and related products under
commodity import programs
Sec. 203.\3\ The Congress directs the President to allocate
at least 15 percent of the funds which are made available each
fiscal year under this title for commodity import programs for
use in financing the purchase of agricultural commodities and
agricultural related products which are of United States-
origin.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 2346 note.
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TITLE III--DEVELOPMENT ASSISTANCE
agriculture, rural development, and nutrition
Sec. 301. (a) * * *
(b)(1) It is the sense of the Congress that the United
States should strongly support the efforts of developing
countries to improve infant feeding practices, in particular
through the promotion of breast feeding. As a demonstration of
that support, the President is authorized to use up to
$5,000,000 of the funds made available for the fiscal year 1982
to carry out the purposes of sections 103 and 104(c) of the
Foreign Assistance Act of 1961 in order to assist developing
countries establish or improve programs to encourage improved
infant feeding practices. In carrying out this paragraph, the
Agency for International Development should provide funds for
necessary research to obtain better information on the precise
nature and magnitude of problems relating to infant feeding
practices, including the use of infant formula, in developing
countries.
(2) The President shall, as part of the congressional
presentation documentation for the fiscal years 1983 and 1984,
include information relevant to the implementation of this
subsection, including--
(A) a description of actions taken by the Agency for
International Development to promote breast feeding and
to improve supplemental infant feeding practices in
developing countries through funds made available in
this subsection and through its regular programs in the
fields of health, nutrition, and population activities;
(B) a summary of the results of studies authorized by
this subsection on the nature and magnitude of problems
in developing countries related to infant feeding
practices; and
(C) a summary of reports by member countries of the
World Health Organization on their actions to implement
the International Code of Marketing of Breast Milk
Substitutes.
* * * * * * *
TITLE IV--FOOD FOR PEACE PROGRAMS
* * * * * * *
self-help measures to increase agricultural production; verification of
self-help provisions
Sec. 403. (a) * * *
(b) * * *
(c) \4\ The amendments made by this section shall not be
effective if the Agriculture and Food Act of 1981 is enacted
(either before or after the enactment of this Act) and contains
the same amendments.
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\4\ Subsecs. (a) and (b) of sec. 403 contained amendments to Public
Law 83-480. The Agriculture and Food Act of 1981, referred to in
subsec. (c) was enacted on December 22, 1981 (Public Law 97-98; 95
Stat. 1213), and contained the same amendments as sec. 403. The
amendments made by subsecs. (a) and (b), therefore, did not come into
force.
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* * * * * * *
TITLE V--OTHER ASSISTANCE PROGRAMS
* * * * * * *
international narcotics control
Sec. 502. (a)(1) \5\ * * *
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\5\ Para. (1) amended sec. 481(d) of the FA Act of 1961.
---------------------------------------------------------------------------
(2) \6\ Assistance provided from funds appropriated, before
the enactment of this Act, to carry out section 481 of the
Foreign Assistance Act of 1961 may be made available for
purposes prohibited by subsection (d) of such section as in
effect immediately before the enactment of this subsection.
---------------------------------------------------------------------------
\6\ 22 U.S.C. 2291 note.
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(3) \6\ Funds appropriated for the fiscal year 1980 to
carry out section 481 of the Foreign Assistance Act of 1961
which were obligated for assistance for the Republic of
Colombia may be used for purposes other than those set forth in
section 482(a)(2) of that Act as in effect immediately before
the enactment of the International Security and Development
Cooperation Act of 1980.
(4) \6\ Paragraphs (2) and (3) of this subsection shall
apply only to the extent provided in advance in an
appropriations Act. For such purpose, the funds described in
those paragraphs are authorized to be made available for the
purposes specified in those paragraphs.
* * * * * * *
TITLE VI--PEACE CORPS
establishment as an independent agency
Sec. 601. (a) \7\ * * *
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\7\ Sec. 601(a) amended the Peace Corps Act by adding a new sec. 2A
providing for the Peace Corps as an independent agency. For text, see
Legislation on Foreign Relations Through 2008, vol. I-B.
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(b) \8\ * * *
---------------------------------------------------------------------------
\8\ For text of freestanding provisions of sec. 601, see
Legislation on Foreign Relations Through 2008, vol. I-B.
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* * * * * * *
restoration of certain authorities formerly contained in the foreign
service act
Sec. 604. (a) \9\ * * *
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\9\ Sec. 604(a) amended sec. 10 of the Peace Corps Act by adding
new subsecs. (i) and (j). For text, see Legislation on Foreign
Relations Through 2008, vol. I-B.
---------------------------------------------------------------------------
(b) \10\ * * *
---------------------------------------------------------------------------
\10\ Sec. 604(b) amended sec. 5(h) of the Peace Corps Act. For
text, see Legislation on Foreign Relations Through 2008, vol. I-B.
---------------------------------------------------------------------------
(c) \11\ * * *
---------------------------------------------------------------------------
\11\ For text of sec. 604(c), see Legislation on Foreign Relations
Through 2008, vol. I-B.
---------------------------------------------------------------------------
* * * * * * *
TITLE VII--MISCELLANEOUS PROVISIONS
* * * * * * *
inspector general
Sec. 705.\12\ * * *
---------------------------------------------------------------------------
\12\ Sec. 705 amended sec. 2 and 11 of and added a new sec. 8A to
the Inspector General Act of 1978 (Public Law 95-452; 99 Stat. 1101).
Sec. 705 also amended the FA Act of 1961 to conform with the new sec.
8A.
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* * * * * * *
emergency humanitarian help for the people of poland
Sec. 708. (a) The people of Poland, with whom the people of
the United States have a longstanding friendship, now face
serious domestic food shortages which will be worsened by
large-scale loss of their livestock this winter if feed
supplies do not arrive quickly. Therefore, the President is
urged, for urgent humanitarian reasons, to use existing
authorities promptly in order to provide to the people of
Poland, under as favorable terms as possible, feed grains from
Commodity Credit Corporation stocks or other appropriate
commodities.
(b) For the longer term, the President is encouraged to
pursue discussions with other Western countries about a
multilateral effort to help the people of Poland achieve self-
sustaining economic recovery in the years ahead.
(c) \13\ * * *
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\13\ Subsec. (c) amended the Foreign Assistance Act of 1961 by
adding a new sec. 540 providing $5,000,000 for Poland during fiscal
year 1982.
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use of certain polish currencies
Sec. 709. (a) Notwithstanding section 1415 of the
Supplemental Appropriation Act, 1953, section 508 of the
General Government Matters, Department of Commerce, and Related
Agencies Appropriation Act, 1962, or any other provision of
law, the currencies or credits received by the United States
from the April 1981 sale and from the October 1981 sale of
United States Government-held surplus dairy products to Poland
shall, to such extent as may be provided in advance in an
appropriation Act, be used by the President in Poland to serve
United States interests, including use for activities of common
benefit to the people of the United States and the people of
Poland, such as joint programs in energy, agriculture,
education, science, health, and culture, or for humanitarian
activities.
(b) Notwithstanding any other provision of law, the
availability or expenditure of such foreign currencies or
credits shall not affect or reduce appropriations otherwise
available for the purposes described in subsection (a).
findings regarding global security
Sec. 710. (a) The Congress finds that the security of the
United States and other countries is increasingly affected by a
broad range of global problems including shortages or potential
shortages of food, oil, water, wood, and other basic mineral
and natural resources; desperate poverty; sickness; population
pressures; environmental deterioration, including soil erosion
and water pollution; and large-scale and destabilizing refugee
problems.
(b) The Congress finds that hunger, disease, and extreme
poverty are among the most critical of these global problems.
As ever greater numbers of people perceive the disparity
between their own continuing deprivation and the prosperity of
others, and judge their predicament to be neither just nor
inevitable, it becomes increasingly likely that there will be
unrest and violence with consequent disruption of the flow of
essential materials, adverse effects on the world economy,
decreased likelihood of cooperative efforts toward meeting the
other critical problems threatening national and global
security, and increased likelihood of confrontation between
nations which possess nuclear arms.
(c) Therefore, the Congress finds that the Nation's
understanding of global and national security must be broad
enough to include the problems cited in this section, and that
adequate protection of the security of the United States
requires effective action on these global problems, and in
particular on the problems of hunger, disease, and extreme
poverty.
world food security reserves
Sec. 711. (a) The Congress finds that--
(1) the Congress recently passed and the President
signed into law an Act which provides for establishment
of a United States food security reserve of up to four
million metric tons of wheat to be used for emergency
food assistance;
(2) the food import needs of developing countries
will increase over the next ten years; and
(3) other grain exporting countries could take
additional steps to assure continuity of food
assistance during food crisis years.
(b) The President shall encourage other grain exporting
countries to establish their own food security reserves or take
other measures that complement the United States food security
reserve.
(c) The President shall report to the Speaker of the House
of Representatives and the Committee on Foreign Relations of
the Senate within one year after the enactment of this Act on
the actions he has taken and the response of other countries to
these proposals.
findings and declaration of policy regarding world hunger
Sec. 712. The Congress, affirming the value of human life,
finds and declares that the elimination of hunger and its
causes is of fundamental moral significance and, further, that
it is in the political, economic, and security interests of the
United States. Therefore, the Congress declares that the
elimination of hunger and its causes shall be a primary
objective of United States relations with the developing
countries.
reaffirmation of support for human rights provisions
Sec. 713. (a) The Congress reaffirms its support for the
various statutory provisions which have been enacted in order
to promote internationally recognized human rights.
(b) It is the sense of the Congress that a strong
commitment to the defense of human rights should continue to be
a central feature of United States foreign policy.
immigrant visas for taiwan
Sec. 714.\14\ The approval referred to in the first
sentence of section 202(b) of the Immigration and Nationality
Act shall be considered to have been granted with respect to
Taiwan (China).
---------------------------------------------------------------------------
\14\ 8 U.S.C. 1152 note.
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lebanon
Sec. 715. It is the sense of the Congress that the
Government of the United States should continue to support
diplomatic efforts to resolve the current crisis in Lebanon,
and to pursue a comprehensive and coordinated policy in Lebanon
guided by the following principles:
(1) maintenance of an effective cease-fire throughout
Lebanon;
(2) resolution of the issue of the Syrian missiles
deployed in Lebanon;
(3) freedom, security, and opportunity for the
Christian and all other Lebanese communities, including
the Moslem, Druze, Armenian, and Jewish communities in
Lebanon;
(4) reaffirmation of the historic United States-
Lebanon relationship and strengthening the longstanding
commitment of the United States to the independence,
sovereignty, and territorial integrity of Lebanon,
without partition, free from terrorism and violence,
and free to determine its future without Soviet or
other outside interference;
(5) generous international support for relief,
rehabilitation, and humanitarian assistance for
Lebanon, particularly for those Lebanese citizens who
have suffered from the terrorism and violence of recent
events;
(6) restoration of Lebanon's sovereignty free from
outside domination or occupation; and
(7) support for a free and open national election.
use of chemical and toxin weapons
Sec. 716. (a) The Congress condemns the use of, and the
provision for use of, chemical agents and toxin weapons against
the peoples of Laos, Kampuchea, or Afghanistan.
(b) It is the sense of the Congress that the President
should, acting through the Permanent Representative of the
United States to the United Nations and all other appropriate
diplomatic agents, seek definite measures to bring to an end
actions by any party or government in using, and providing for
use, chemical agents or toxin weapons against the peoples of
Laos, Kampuchea, and Afghanistan, in violation of the spirit
and the provisions of--
(1) the Convention on the Prohibition of the
Development, Production and Stockpiling of
Bacteriological (Biological) and Toxin Weapons and on
Their Destruction (done at Washington, London, and
Moscow on April 10, 1972); \15\
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\15\ For text, see Legislation on Foreign Relations Through 2005,
vol. V.
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(2) the Protocol for the Prohibition of the Use in
War of Asphyxiating, Poisonous or Other Gases, and of
Bacteriological Methods of Warfare (signed at Geneva on
June 17, 1925); \15\ and
(3) customary international law.
(c) It is further the sense of Congress that the President
should--
(1) allocate the highest possible priority to the
development of further evidence clarifying the nature
and origins of the chemical agents and toxin weapons
being used against the peoples of Laos, Kampuchea, and
Afghanistan; and
(2) vigorously seek a satisfactory explanation from
the Government of the Soviet Union regarding the strong
circumstantial and presumptive evidence of its role in
the use, or provision for use, of such weapons.
(d) The Congress reiterates the concern expressed in House
Resolution 644 (96th Congress), adopted by the House of
Representatives on May 19, 1980, regarding the outbreak of
pulmonary anthrax near Sverdlosk on April 3, 1979, and
expresses its disappointment that the Soviet Union has failed
adequately to respond to requests for data explaining this
incident as provided in the Convention on the Prohibition of
the Development, Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on Their Destruction.
(e) It is further the sense of Congress that the
negotiation of a treaty prohibiting the development,
production, and stockpiling of chemical weapons, with reliable
verification provisions, should be given a high priority by the
United States Government and by all foreign governments.
financial obligations \16\ to the united nations
Sec. 717. (a) The Congress finds and declares that--
---------------------------------------------------------------------------
\16\ Sec. 701(1) of the FRIENDSHIP Act (Public Law 103-199; 103
Stat. 2317) struck out ``of the soviet union'' from the section
heading.
---------------------------------------------------------------------------
(1) the financing of the United Nations is the
collective responsibility of all member nations;
(2) the International Court of Justice has determined
that the expenses of the United Nations incurred in its
peacekeeping operations are properly included as a part
of the regular expenses of the United Nations; and \17\
---------------------------------------------------------------------------
\17\ Sec. 701(2) of the FRIENDSHIP Act (Public Law 103-199; 103
Stat. 2317) inserted ``and'' at the end of para. (2), replaced ``;
and'' at the end of para. (3) with a period, and struck out para. (4),
which had read as follows:
``(4) the Government of the Union of Soviet Socialist Republics is
currently $180,000,000 in arrears on its payments to the United
Nations, primarily as a result of its refusal to pay for the
peacekeeping operations of the United Nations.''.
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(3) peacekeeping operations are vital to the mission
of the United Nations and must be adequately financed
if such operations are to continue.\17\
(b) It is the sense of the Congress that the President,
acting through the Permanent Representative of the United
States to the United Nations, should undertake appropriate
diplomatic initiatives to ensure that members of the United
Nations make payments of all their outstanding financial
obligations to the United Nations, including their \18\
assessments with respect to the peacekeeping operations of the
United Nations.
---------------------------------------------------------------------------
\18\ Sec. 701(3) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2317) struck out ``a diplomatic initiative to obtain payment by
the Government of the Union of Soviet Socialist Republics of all its
outstanding financial obligations to the United Nations, including
its'' and inserted in lieu thereof ``appropriate diplomatic initiatives
to ensure that members of the United Nations make payments of all their
outstanding financial obligations to the United Nations, including
their''.
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condemnation of libya for its support of international terrorist
movements
Sec. 718. (a) The Congress condemns the Libyan Government
for its support of international terrorist movements, its
efforts to obstruct positive movement toward the peaceful
resolution of problems in the Middle East region, and its
actions to destabilize and control governments of neighboring
states in Africa.
(b) The Congress believes that the President should conduct
an immediate review of concrete steps the United States could
take, individually and in concert with its allies, to bring
economic and political pressure on Libya to cease such
activities, and should submit a report on that review to the
Congress within one hundred and eighty days after the date of
enactment of this Act. Such a review should include the
possibility of tariffs on or prohibitions against the import of
crude oil from Libya.
united states citizens acting in the service of international terrorism
Sec. 719. (a) It is the sense of the Congress that the
spread of international terrorism poses a grave and growing
danger for world peace and for the national security of the
United States. As a part of its vigorous opposition to the
activities of international terrorist leaders and the increase
of international terrorism, the United States should take all
steps necessary to ensure that no United States citizen is
acting in the service of terrorism or of the proponents of
terrorism.
(b) Not later than six months after the enactment of this
Act, the President shall submit to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign
Relations of the Senate a report which includes--
(1) a description of all legislation, currently in
force, and of all administrative remedies, presently
available, which can be employed to prevent the
involvement, service, or participation by United States
citizens in activities in support of international
terrorism or terrorist leaders;
(2) an assessment of the adequacy of such legislation
and remedies, and of the enforcement resources
available to carry out such measures, to prevent the
involvement, service, or participation by United States
citizens in activities in support of international
terrorism or terrorist leaders; and
(3) a description of available legislative and
administrative alternatives, together with an
assessment of their potential impact and effectiveness,
which could be enacted or employed to put an end to the
participation of United States citizens in activities
in support of international terrorism or terrorist
leaders.
nonaligned countries
Sec. 720. (a) In considering whether to provide assistance,
make sales, extend credits, or guarantee loans under the
provisions of the Foreign Assistance Act of 1961, as amended,
or the Arms Export Control Act, to any country represented at
the Meeting of Ministers of Foreign Affairs and Heads of
Delegations of the Non-Aligned Countries to the 36th General
Session of the General Assembly of the United Nations on
September 25 and 28, 1981, the President shall take into
account whether such country has dissociated itself from the
communique issued following the meeting.
(b) Within thirty days after the date of enactment of this
section, the President shall submit a report to the Speaker of
the House of Representatives and the Committee on Foreign
Relations of the Senate on the countries which have dissociated
themselves from the nonaligned countries communique and on
their methods of dissociation.
promoting the development of the haitian people and providing for
orderly emigration from haiti
Sec. 721.\19\ (a)(1) It is the sense of the Congress that
up to $15,000,000 of the funds available for the fiscal year
1982 to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 should be made available for development assistance
for Haiti, subject to the limitation in subsection (b) of this
section.
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\19\ 22 U.S.C. 2151 note.
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(2) To the maximum extent practicable, assistance for Haiti
for the fiscal year 1982 under chapter 1 of part I of the
Foreign Assistance Act of 1961 should be provided through
private and voluntary organizations.
(b) Funds available for the fiscal year 1982 to carry out
chapter 1 of part I or chapter 2 or chapter 5 of part II of the
Foreign Assistance Act of 1961 may be expended for Haiti, and
credits and guarantees extended for the fiscal year 1982 under
the Arms Export Control Act may be approved for use for Haiti,
only if the President determines that the Government of Haiti--
(1) is cooperating with the United States in halting
illegal emigration from Haiti:
(2) is not aiding, abetting, or otherwise supporting
illegal emigration from Haiti;
(3) has provided assurances that it will cooperate
fully in implementing United States development
assistance programs in Haiti (including programs for
prior fiscal years); and
(4) is not engaged in a consistent pattern of gross
violations of internationally recognized human rights.
(c) Six months after the date of enactment of this Act, the
President shall prepare and transmit to the Congress a report
on the extent to which the actions of the Government of Haiti
are consistent with paragraphs (1), (2), (3), and (4) of
subsection (b) of this section.
(d) Notwithstanding the limitations of section 660 of the
Foreign Assistance Act of 1961, funds made available under such
Act for the fiscal year 1982 and for the fiscal year 1983 may
be used for programs with Haiti to assist in halting
significant illegal emigration from Haiti to the United States.
comprehensive analysis of foreign assistance
Sec. 722. (a) It is the sense of Congress that at a time
when major retrenchments and reappraisals are being made in
domestic programs, it is also logical that, while maintaining
past international commitments, the magnitude and direction of
future foreign assistance programs should also be reviewed. As
part of such a review process, the President is requested to
provide a comprehensive report to the Congress on his approach
to foreign assistance. Such report shall include an analysis
and recommendations on the following issues:
(1) the relationship between foreign assistance and
defense expenditures as means of conducting foreign
policy;
(2) the appropriate mix between military and economic
assistance;
(3) the strengths and weaknesses, and appropriate
mix, of bilateral and multilateral assistance programs;
(4) the relevance of the basic human needs approach
to current aid policy;
(5) the performance of other aid donors, and the
benefits they derive from their programs;
(6) criteria for determining the appropriate size and
composition of country programs;
(7) the appropriateness of the current mix of grants
and loans, and the possibility of combining them with
new or existing guarantee, insurance, and export credit
programs;
(8) specific means to more actively engage the
private sector in assistance programs; and
(9) the usefulness of current functional categories
in constructing the development assistance budget.
(b) The Congress requests that the President provide to the
Congress a preliminary report by March 31, 1982, and a final
report by June 30, 1982, with respect to the issues referred to
in subsection (a).
external debt burdens of egypt, israel, and turkey
Sec. 723. The Congress finds that the Governments of Egypt,
Israel, and Turkey each have an enormous external debt burden
which may be made more difficult by virtue of financing
provided for those governments under various United States
assistance programs. In order to assist the Congress in
examining United States assistance for these countries, the
President shall report to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate, not later than one hundred and twenty
days after the date of enactment of this Act and not later than
one year after the date of enactment of this Act, regarding
economic conditions prevailing in Egypt, Israel, and Turkey
which may affect their respective ability to meet their
international debt obligations and to stabilize their
economies. These reports shall also analyze the impact on
Egypt's economy of Arab sanctions against Egypt.
nicaragua
Sec. 724. (a) In furnishing assistance under this Act to
the Government of Nicaragua, the President shall take into
account the extent to which that Government has engaged in
violations of internationally recognized human rights
(including the right to organize and operate labor unions free
from political oppression, the right to freedom of the press,
and the right to freedom of religion) and shall encourage the
Government of Nicaragua to respect those rights.
(b) In furnishing assistance under this Act to the
Government of Nicaragua, the President shall take into account
the extent to which that Government has fulfilled its pledge of
July 1979 to the member states of the Organization of American
States--
(1) to establish full respect for human rights in
Nicaragua in accordance with the United Nations
Universal Declaration of the Rights and Duties of Man
and the Charter on Human Rights of the Organization of
American States;
(2) to allow the free movement in Nicaragua of the
Inter-American Commission on Human Rights; and
(3) to establish the framework for free and
democratic elections so that the people of Nicaragua
may elect their representatives to city councils, to
constitutional assembly, and to Nicaragua's highest-
ranking authorities, with such framework to include,
but not be limited to, the full and complete
opportunity for political activity of the Nicaraguan
people.
(c) Assistance to the Government of Nicaragua under this
Act shall be terminated if the President determines and reports
to the Congress that the Government of Nicaragua cooperates
with or harbors any international terrorist organization or is
aiding, abetting, or supporting acts of violence or terrorism
in other countries, or that Soviet, Cuban, or other foreign
combat military forces are stationed or situated within the
borders of Nicaragua and the presence of such forces
constitutes a threat to the national security of the United
States or to any Latin American ally of the United States.
(d) Any agreement between the United States and the
Government of Nicaragua regarding the use of funds appropriated
to carry out this Act, which are to be made available in the
form of loans, shall specifically require that to the maximum
extent possible such loan funds, and any local currency
generated in conjunction therewith, shall be used for
assistance to the private sector. Local currency loan programs
in Nicaragua shall be monitored and audited in accordance with
section 624(g) of the Foreign Assistance Act of 1961.
(e) For each six-month period in which any funds are
expended under this Act for Nicaragua, the President shall
submit to the Speaker of the House of Representatives, and the
chairman of the Committee on Foreign Relations of the Senate, a
report accounting fully and in itemized detail for the amounts
obligated and actually expended in Nicaragua.
Sec. 725.\20\ Assistance and Sales for Argentina. * * *
[Repealed--1989]
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\20\ Title V of Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law
101-162; 103 Stat. 1030) repealed sec. 725 (22 U.S.C. 2370 note). Sec.
725 had (a) repealed sec. 620B of the Foreign Assistance Act of 1961,
and (b) required the President to provide to Congress a detailed report
certifying that (1) the Government of Argentina made significant
progress in complying with internationally recognized principles of
human rights; and (2) the provision of such assistance, credits, loan
guarantees, defense articles, defense services, or export licenses was
in the national interests of the United States, as a condition for
those forms of assistance listed in para. (2).
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repeal of limitations on assistance, sales, and sales credits for chile
Sec. 726. (a) Section 406 of the International Security
Assistance and Arms Export Control Act of 1976 (22 U.S.C. 2370
note) is repealed.
(b) \21\ Notwithstanding any other provision of law--
---------------------------------------------------------------------------
\21\ 22 U.S.C. 2370 note. Sec. 544(a) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1991 (Public
Law 101-513; 104 Stat. 2019), continued for FY 1992 by Public Law 102-
145, provided the following:
---------------------------------------------------------------------------
``chile
---------------------------------------------------------------------------
``Sec. 544. (a) Funds appropriated by this Act under the heading
`Economic Support Fund' may be used under the authority of section
534(b) (4) and (6) of the Foreign Assistance Act of 1961 to support the
efforts of private groups and individuals seeking to develop a national
consensus on the importance of an independent judiciary and the
administration of justice generally in a democratic society. Assistance
may be provided under this section without regard to the requirements
of section 726(b) of the International Security and Development
Cooperation Act of 1981.''.
In Public Notice 1333 of September 30, 1990, the Secretary of State
certified that ``(A) the Government of Chile has made significant
progress in complying with internationally recognized principles of
human rights; (B) the provision of the assistance, articles and
services described in provisions (1)-(4) of sections 726(b) of the Act
to Chile is in the national interest of the United States; and (C) the
Government of Chile is not aiding or abetting international terrorism
and has taken appropriate steps to cooperate to bring to justice by all
legal means available in the United States or Chile those indicted by a
United States grand jury in connection with the murders of Orlando
Letelier and Ronni Moffitt.'' (56 F.R. 4886; February 6, 1991).
See also 22 CFR Part 126, International Traffic in Arms
Regulations, and amendments to same, effective October 29, 1991 (56
F.R. 55630; October 29, 1991).
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(1) no assistance may be furnished under chapter 2,
4, 5, or 6 of part II of the Foreign Assistance Act of
1961 to Chile;
(2) no sale of defense articles or services may be
made under the Arms Export Control Act to Chile:
(3) no credits (including participation in credits)
may be extended and no loan may be guaranteed under the
Arms Export Control Act with respect to Chile; and
(4) no export licenses may be issued under section 38
of the Arms Export Control Act to or for the Government
of Chile;
unless and until the President submits to the Speaker of the
House of Representatives and the chairman of the Committee on
Foreign Relations of the Senate a detailed report certifying--
(A) that the Government of Chile has made significant
progress in complying with internationally recognized
principles of human rights;
(B) that the provision of such assistance, articles
or services is in the national interest of the United
States; and
(C) that the Government of Chile is not aiding or
abetting international terrorism and has taken
appropriate steps to cooperate to bring to justice by
all legal means available in the United States or Chile
those indicted by a United States grand jury in
connection with the murders of Orlando Letelier and
Ronni Moffitt.
(c) \22\ The prohibition contained in subsection (b) does
not prohibit the sale, or the licensing for export, of
cartridge actuated devices, propellant actuated devices,
components, parts, tools, technical manuals, time compliance to
technical orders (TCTOs), or TCTO retrofits for aircraft of the
F-5E/F, A/T-37, or C-130E/H type owned by the Chilean Air
Force,\23\ so long as the items are provided only for purposes
of enhancing the safety of the aircraft crew.
---------------------------------------------------------------------------
\22\ Subsec. (c) was added by sec. 715 of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
Stat. 247).
\23\ Sec. 544(b) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2019), struck out ``and technical manuals for aircraft of the F-
5E/F or A/T-37 type which were sold to the Chilean Air Force by the
United States before January 1, 1976'', and inserted in lieu thereof
text beginning at ``components, parts, tools, * * *''.
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assistance for el salvador
Sec. 727. (a) It is the sense of the Congress that
assistance furnished to the Government of El Salvador, both
economic and military, should be used to encourage--
(1) full observance of internationally recognized
human rights in accordance with sections 116 and 502B
of the Foreign Assistance Act of 1961;
(2) full respect for all other fundamental human
rights, including the right of freedom of speech and of
the press, the right to organize and operate free labor
unions, and the right to freedom of religion;
(3) continued progress in implementing essential
economic and political reforms, including land reform
and support for the private sector;
(4) a complete and timely investigation of the deaths
of all United States citizens killed in El Salvador
since October 1979;
(5) an end to extremist violence and the
establishment of a unified command and control of all
government security forces in this effort;
(6) free, fair, and open elections at the earliest
date; and
(7) increased professional capability of the
Salvadoran Armed Forces in order to establish a
peaceful and secure environment in which economic
development and reform and the democratic processes can
be fully implemented, thereby permitting a phased
withdrawal of United States military training and
advisory personnel at the earliest possible date.
(b) It is the sense of the Congress that the United States
economic assistance to El Salvador should put emphasis on
revitalizing the private sector and supporting the free market
system. The Congress recognizes that the lack of foreign
exchange to buy imported raw materials and intermediate goods
is a major impediment to the ability of the Salvadoran economy
to provide jobs. The Congress also recognizes that the funds
budgeted for economic assistance are only a fraction of the
foreign exchange needed, and United States economic aid should
be used, wherever possible, to stimulate private sector
lending. Therefore, the Congress urges the President to set
aside a portion of the economic support funds to provide
guarantees to private United States banks willing to give
credits to the Salvadoran private sector.
restrictions on military assistance and sales to el salvador
Sec. 728.\21\ (a)(1) The Congress finds that peaceful and
democratic development in Central America is in the interest of
the United States and of the community of American States
generally, that the recent civil strife in El Salvador has
caused great human suffering and disruption to the economy of
that country, and that substantial assistance to El Salvador is
necessary to help alleviate that suffering and to promote
economic recovery within a peaceful and democratic process.
Moreover, the Congress recognizes that the efforts of the
Government of El Salvador to achieve these goals are affected
by the activities of forces beyond its control.
(2) Taking note of the substantial progress made by the
Government of El Salvador in land and banking reforms, the
Congress declares it should be the policy of the United States
to encourage and support the Government of El Salvador in the
implementation of these reforms.
(3) The United States also welcomes the continuing efforts
of President Duarte and his supporters in the Government of El
Salvador to establish greater control over the activities of
members of the armed forces and government security forces. The
Congress finds that it is in the interest of the United States
to cooperate with the Duarte government in putting an end to
violence in El Salvador by extremist elements among both the
insurgents and the security forces, and in establishing a
unified command and control of all government forces.
(4) The United States supports the holding of free, fair,
and open elections in El Salvador at the earliest date. The
Congress notes the progress being made by the Duarte government
in this area, as evidenced by the appointment of an electoral
commission.
(b) In fiscal years 1982 and 1983, funds may be obligated
for assistance for El Salvador under chapter 2 or 5 of part II
of the Foreign Assistance Act of 1961, letters of offer may be
issued and credits and guarantees may be extended for El
Salvador under the Arms Export Control Act, and members of the
Armed Forces may be assigned or detailed to El Salvador to
carry out functions under the Foreign Assistance Act of 1961 or
the Arms Export Control Act, only if not later than thirty days
after the date of enactment of this Act and every one hundred
and eighty days thereafter, the President makes a certification
in accordance with subsection (d).
(c) If the President does not make such a certification at
any of the specified times then the President shall
immediately--
(1) suspend all expenditures of funds and other
deliveries of assistance for El Salvador which were
obligated under chapters 2 and 5 of part II of the
Foreign Assistance Act of 1961 after the date of
enactment of this Act;
(2) withhold all approvals for use of credits and
guarantees for El Salvador which were extended under
the Arms Export Control Act after the date of enactment
of this Act;
(3) suspend all deliveries of defense articles,
defense services, and design and construction services
to El Salvador which were sold under the Arms Export
Control Act after the date of enactment of this Act;
and
(4) order the prompt withdrawal from El Salvador of
all members of the Armed Forces performing defense
services, conducting international military education
and training activities, or performing management
functions under section 515 of the Foreign Assistance
Act of 1961.
Any suspension of assistance pursuant to paragraphs (1) through
(4) of this subsection shall remain in effect during fiscal
year 1982 and during fiscal year 1983 until such time as the
President makes a certification in accordance with subsection
(d).
(d) The certification required by subsection (b) is a
certification by the President to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate of a determination that the Government
of El Salvador--
(1) is making a concerted and significant effort to
comply with internationally recognized human rights;
(2) is achieving substantial control over all
elements of its own armed forces, so as to bring to an
end the indiscriminate torture and murder of Salvadoran
citizens by these forces:
(3) is making continued progress in implementing
essential economic and political reforms, including the
land reform program;
(4) is committed to the holding of free elections at
an early date and to that end has demonstrated its good
faith efforts to begin discussions with all major
political factions in El Salvador which have declared
their willingness to find and implement an equitable
political solution to the conflict, with such solution
to involve a commitment to--
(A) a renouncement of further military or
paramilitary activity; and
(B) the electoral process with
internationally recognized observers.
Each such certification shall discuss fully and completely the
justification for making each of the determinations required by
paragraphs (1) through (4).
(e) \24\ On making the first certification under subsection
(b) of this section, the President shall also certify to the
Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate that he has
determined that the Government of El Salvador has made good
faith efforts both to investigate the murders of the six United
States citizens in El Salvador in December 1980 and January
1981 and to bring to justice those responsible for those
murders. The second certification required under this section
may be made only if it includes a determination by the
President that the Government of El Salvador (1) has made good
faith efforts since the first such certification was made to
investigate the murders of those six United States citizens and
to bring to justice those responsible for those murders, and
(2) has taken all reasonable steps to investigate the
disappearance of journalist John Sullivan in El Salvador in
January 1981.\25\ The fourth certification required under this
section may be made only if it includes a determination by the
President that, since the third such certification was made,
the Government of El Salvador (1) has made good faith efforts
both to investigate the murders of the seven United States
citizens in El Salvador in December 1980 and January 1981 and
to bring to justice all those responsible for those murders,
and (2) has taken all reasonable steps to investigate the
killing of Michael Kline in El Salvador in October 1982.\26\
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\24\ By memorandum of August 10, 1982, the President delegated the
functions conferred upon him under subsec. (e) to the Secretary of
State (47 F.R. 38099; August 30, 1982).
\25\ Public Law 97-233 (96 Stat. 260) added this sentence.
\26\ Public Law 98-53 (97 Stat. 287) added this sentence.
---------------------------------------------------------------------------
reporting requirement relating to el salvador
Sec. 729. (a) Not later than ninety days after the date of
enactment of this section, the President shall prepare and
transmit to the Speaker of the House of Representatives and to
the chairman of the Committee on Foreign Relations of the
Senate a report setting forth--
(1) the viewpoints of all major parties to the
conflict in El Salvador and of the influential actors
in the Salvadoran political system regarding the
potential for and interest in negotiations, elections,
and a settlement of the conflict; and
(2) the views of democratic Latin American nations,
Canada, the Organization of American States, and
European allies of the United States regarding a
negotiated settlement to such conflict.
(b) It is the sense of the Congress that the President
shall, as soon as possible, send a special envoy or use other
appropriate means to consult with and gather information from
appropriate representatives of the parties to the Salvadoran
conflict, democratic governments of Latin America, Canada, and
European allies of the United States regarding the attainment
of a negotiated settlement in El Salvador.
restrictions on aid to el salvador
Sec. 730. None of the funds authorized to be appropriated
by this Act may be made available for the provision of
assistance to El Salvador for the purpose of planning for
compensation, or for the purpose of compensation, for the
confiscation, nationalization, acquisition, or expropriation of
any agricultural or banking enterprise, or of the properties or
stock shares which may be pertaining thereto.
el salvadoran refugees
Sec. 731.\27\ It is the sense of the Congress that the
administration should continue to review, on a case-by-case
basis, petitions for extended voluntary departure made by
citizens of El Salvador who claim that they are subject to
persecution in their homeland, and should take full account of
the civil strife in El Salvador in making decisions on such
petitions.
---------------------------------------------------------------------------
\27\ 8 U.S.C. 1157 note.
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* * * * * * *
repeals
Sec. 734. (a) * * *
(b) * * *
(c) \28\ Except as otherwise explicitly provided by their
terms, amendments to the Foreign Assistance Act of 1961 and the
Arms Export Control Act which are applicable only to a single
fiscal or calendar year or which require reports or other
actions on a nonrecurring basis shall be deemed to have expired
and shall be removed from law upon the expiration of the
applicable time periods for the fulfillment of the required
actions.
---------------------------------------------------------------------------
\28\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
report on nuclear activities
Sec. 735. Beginning with the fiscal year 1983 and for each
fiscal year thereafter, the President shall prepare and
transmit to the Congress, as part of the presentation materials
for foreign assistance programs proposed for the fiscal year, a
classified report describing the nuclear programs and related
activities of any country for which a waiver of section 669 or
670 of the Foreign Assistance Act of 1961 is in effect,
including an assessment of--
(1) the extent and effectiveness of International
Atomic Energy Agency safeguards at that country's
nuclear facilities; and
(2) the capability, actions, and intentions of the
government of that country with respect to the
manufacture or acquisition of a nuclear explosive
device.
* * * * * * *
prohibitions relating to nuclear transfers and nuclear detonations
Sec. 737.\29\ (a) The Congress finds that any transfer of a
nuclear explosive device to a non-nuclear-weapon state or, in
the case of a non-nuclear-weapon state, any receipt or
detonation of a nuclear explosive device would cause grave
damage to bilateral relations between the United States and
that country.
---------------------------------------------------------------------------
\29\ 22 U.S.C. 2429a note.
---------------------------------------------------------------------------
(b) * * *
(c) * * *
(5) International Security and Development Cooperation Act of 1980
Partial text of Public Law 96-533 [H.R. 6942], 94 Stat. 3131, approved
December 16, 1980; as amended by Public Law 97-113 [International
Security and Development Cooperation Act of 1981, S. 1196], 95 Stat.
1519, approved December 29, 1981; Public Law 99-83 [International
Security and Development Cooperation Act of 1985, S. 960], 99 Stat. 190
at 264, approved August 8, 1985; Public Law 100-461 [Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1989; H.R. 4637], 102 Stat. 2268, approved October 1, 1988; Public Law
101-167 [Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990; H.R. 3743], 103 Stat. 1195, approved November
21, 1989; and Public Law 106-113 [Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2000; H.R. 3422, enacted by
reference in sec. 1000(a)(2) of Consolidated Appropriations Act for
Fiscal Year 2000; H.R. 3194], 113 Stat. 1501, approved November 29,
1999
Note.--Except for the provisions noted below, the
International Security and Development Cooperation Act
of 1980 consists of amendments to the Foreign
Assistance Act of 1961, the International Development
and Cooperation Act of 1979, the Arms Export Control
Act, the International Security Assistance and Arms
Export Control Act of 1976, the Export Administration
Act of 1979, the Department of State Authorization Act,
Fiscal Years 1980/1981, Public Law 480, the Peace Corps
Act, and the Domestic Volunteer Service Act. These
amendments are incorporated into the texts of these
Acts at the appropriate locations.
AN ACT To authorize appropriations for the fiscal year 1980 for
international security and development assistance, the Peace Corps, and
refugee assistance, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled.
short title
Section 1. This Act may be cited as the ``International
Security and Development Cooperation Act of 1980''.
TITLE I--MILITARY AND RELATED ASSISTANCE AND SALES PROGRAMS
* * * * * * *
foreign military sales authorization and aggregate ceiling
Sec. 106. (a) * * *
(b) * * *
(c) * * *
(d) \1\ The principal amount of the loans guaranteed under
section 24(a) of such Act for the fiscal year 1981 with respect
to Egypt, the Sudan, Greece, and Turkey shall be repaid, and
with respect to Somalia may be repaid, in not less than twenty
years, following a grace period of ten years on repayment of
principal.
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\1\ 22 U.S.C. 2764.
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* * * * * * *
Sec. 108.\2\ Export Controls on Certain Items on the
Munitions List. * * * [Repealed--1981]
---------------------------------------------------------------------------
\2\ Sec. 734(a)(2) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 108, which had required two reports from the President on which
defense articles and defense services, if any, should be removed from
the U.S. Munitions List and whether sec. 620B of the Foreign Assistance
Act of 1961 (blocking aid and arms sales to Argentina) should be
amended. These reports were submitted to Congress by the President on
May 12, 1981.
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Sec. 109.\3\ Leasing of Defense Property. * * * [Repealed--
1981]
---------------------------------------------------------------------------
\3\ Sec. 109(d)(1) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 109, which had required the President to report to Congress 30
days prior to leasing defense property to a foreign government for a
period of more than 6 months. See chapter 6 of the Arms Export Control
Act for current law concerning leases of defense articles.
---------------------------------------------------------------------------
exportation of uranium depleted in the isotope 235
Sec. 110.\4\ Upon a finding that an export of uranium
depleted in the isotope 235 is incorporated in defense articles
or commodities solely to take advantage of high density or
pyrophoric characteristics unrelated to its radioactivity, such
exports shall be exempt from the provisions of the Atomic
Energy Act of 1954 and of the Nuclear Non-Proliferation Act of
1978 when such exports are subject to the controls established
under the Arms Export Control Act or the Export Administration
Act of 1979.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 2778a.
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* * * * * * *
Sec. 118.\5\ Military or Paramilitary Operations in Angola.
* * * [Repealed--1985]
---------------------------------------------------------------------------
\5\ Sec. 811 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 264) repealed sec.
118, relating to ``Military or Paramilitary Operations in Angola''.
Subsec. (e) of that section repealed an earlier law that placed
limitations on certain assistance to, and activities in, Angola. Sec.
118 formerly read as follows:
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``military or paramilitary operations in angola
---------------------------------------------------------------------------
``Sec. 118.(a) Notwithstanding any other provision of law, no
assistance of any kind may be provided for the purpose, or which would
have the effect, of promoting or augmenting, directly or indirectly,
the capacity of any nation, group, organization, movement, or
individual to conduct military or paramilitary operations in Angola
unless and until--
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``(1) the President determines that such assistance should be furnished
in the national security interests of the United States;
``(2) the President submits to the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations of the
Senate a report containing--
``(A) a description of the amounts and categories of assistance which he
recommends be furnished and the identity of the proposed recipients of such
assistance; and
``(B) a certification that he has determined that the furnishing of such
assistance is important to the national security interests of the United
States and a detailed statement of the reasons supporting such
determination; and
``(3) the Congress enacts a joint resolution approving the furnishing of
such assistance.
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``(b) If introduced within 30 days after the submission of the
report required by paragraph (2) of subsection (a), a resolution under
paragraph (3) of subsection (a) shall be considered in the Senate in
accordance with the provisions of section 601(b) of the International
Security Assistance and Arms Export Control Act of 1976 and in the
House of Representatives in accordance with the procedures applicable
to the consideration of resolutions of disapproval under section 36(b)
of the Arms Export Control Act.
``(c) The prohibition contained in subsection (a) does not apply
with respect to assistance which is furnished solely for humanitarian
purposes.
``(d) The provisions of this section may not be waived under any
other provision of law.
``(e) Section 404 of the International Security Assistance and Arms
Export Control Act of 1976 is repealed.''.
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prohibition on military assistance to nicaragua
Sec. 119.\6\ None of the funds authorized to be
appropriated by this title shall be made available for any aid
or assistance to Nicaragua.
---------------------------------------------------------------------------
\6\ 22 U.S.C. 2151 note.
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TITLE II--ECONOMIC SUPPORT FUND
* * * * * * *
TITLE III--DEVELOPMENT ASSISTANCE PROGRAMS
* * * * * * *
assistance to the eastern caribbean
Sec. 313. (a) The Congress urges the President to use up to
$7,000,000 for the fiscal year 1981 for bilateral development
assistance for the countries of the eastern Caribbean.
(b) \7\ * * * [Repealed--1981]
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\7\ Sec. 734(a)(2) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
subsec. (b), which had required a report from the President by February
1, 1981, regarding the implementation of this section. The President
submitted this report on February 6, 1981.
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assistance for equatorial guinea
Sec. 314. The President is urged to provide up to
$3,000,000 of the funds authorized to be appropriated for the
fiscal year 1981 by this title for assistance to Equatorial
Guinea if he deems that conditions in that country warrant such
assistance.
caribbean development bank
Sec. 315. Notwithstanding section 620(r) of the Foreign
Assistance Act of 1961, the President may, after consultation
with the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives,
make arrangements at his discretion for the assumption by the
recipient members of the Caribbean Development Bank of any
loans made to the Bank under the authority of that Act.
world hunger
Sec. 316.\8\ (a) In order to further the purposes of
section 103 of the Foreign Assistance Act of 1961, the Director
of the United States International Development Cooperation
Agency shall encourage the ongoing work of private and
voluntary organizations to deal with world hunger problems
abroad. To this end, the Director shall help facilitate
widespread public discussion, analysis, and review of the
issues raised by the Report of the Presidential Commission on
World Hunger of March 1980, especially the issues raised by the
Commission's call for increased public awareness of the
political, economic, technical, and social factors relating to
hunger and poverty.
---------------------------------------------------------------------------
\8\ Sec. 7080 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 910), provides the following:
---------------------------------------------------------------------------
``prohibition on publicity or propaganda
---------------------------------------------------------------------------
``Sec. 7080. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the United
States not authorized before the date of the enactment of this Act by
the Congress: Provided, That not to exceed $25,000 may be made
available to carry out the provisions of section 316 of Public Law 96-
533.''.
---------------------------------------------------------------------------
(b) As a means of carrying out subsection (a), and to
ensure the effectiveness of private and voluntary organizations
in dealing with world hunger abroad, the Director is urged to
provide assistance to private and voluntary organizations
engaged in facilitating public discussion of hunger and other
related issues.
reduction of postharvest losses of food
Sec. 317.\9\ It is the sense of the Congress that--
---------------------------------------------------------------------------
\9\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
(1) the President should reaffirm the policy of the
United States Government to support the goal
established by the United Nations General Assembly of
reducing by 50 percent postharvest losses of food in
developing countries; and
(2) the President, acting through the Agency for
International Development, should increase
substantially the proportion of funds made available
under the Foreign Assistance Act of 1961 for the
purpose of assisting, together with other donor
countries and with developing countries, in the
reduction of postharvest losses of food in developing
countries.
TITLE IV--OTHER ASSISTANCE PROGRAMS
* * * * * * *
international narcotics control
Sec. 402. (a) * * *
(b) * * *
(c) Notwithstanding the provisions of section 482(a)(2) of
the Foreign Assistance Act of 1961 as in effect immediately
prior to the enactment of this Act, funds appropriated for the
fiscal year 1980 to carry out the purposes of section 481 of
that Act which were obligated for assistance for Colombia may
be used for fixed-wing aircraft, communications equipment, and
such other equipment and operational support, including
aviation services, as are essential to the Colombian anti-
narcotics enforcement program.
* * * * * * *
east timor
Sec. 408. It is the sense of the Congress that the
President should take all appropriate measures to--
(1) continue to support and encourage relief
operations by the Government of Indonesia and by
international relief agencies in East Timor;
(2) assist the Government of Indonesia to facilitate
the reuniting of families separated because of
developments in recent years in East Timor; and
(3) encourage the Government of Indonesia to allow
access to East Timor by international journalists.
TITLE V--AFRICAN DEVELOPMENT FOUNDATION
short title
Sec. 501.\10\ This title may be cited as the ``African
Development Foundation Act''.
---------------------------------------------------------------------------
\10\ 22 U.S.C. 290h note.
---------------------------------------------------------------------------
findings
Sec. 502.\11\ The Congress finds that--
---------------------------------------------------------------------------
\11\ 22 U.S.C. 290h.
---------------------------------------------------------------------------
(1) social and economic development ultimately
depends on the active participation of individuals
within a society and on the enhancement of
opportunities for those individuals;
(2) \12\ the development of individuals and
institutions in African countries can benefit by the
provision of support for community-based self-help
activities;
---------------------------------------------------------------------------
\12\ Sec. 586 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by
reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535),
authorized the President to abolish the Inter-American Foundation and
made conforming amendments to legislation related to the Inter-American
Foundation to reflect the abolishment. These amendments are to be
effective and executed only after the Director of the Office of
Management and Budget transmits to Congress a certification that
responsibilities delegated to the Director, primarily that of
administering and winding-up any outstanding obligations of the Inter-
American Foundation, have been fully discharged.
That certification and subsequent administration have not yet been
executed. Upon execution of these requirements, sec. 586(h)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec.
1000(a)(2) of Public Law 106-113; 113 Stat. 1535), will add ``and'' at
the end of para. (2), replace a semicolon with a period at the end of
para. (3), and strike out paras. (4) and (5).
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(3) by enacting title IX of chapter 2 of part I of
the Foreign Assistance Act of 1961, and recent
amendments to that Act, the Congress has sought to
enable the poor to participate in the process of
development;
(4) \12\ the Inter-American Foundation, established
by Congress in the Foreign Assistance Act of 1969 to
support the efforts of the people of Latin America and
the Caribbean to solve their development problems, has
demonstrated a successful approach to development; and
(5) \12\ an African Development Foundation similar in
structure to the Inter-American Foundation, but adapted
to the specific needs of Africa, can complement current
United States development programs in Africa.
establishment
Sec. 503.\13\ (a) There is established a body corporate to
be known as the ``African Development Foundation'' (hereafter
in this title referred to as the ``Foundation'').
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\13\ 22 U.S.C. 290h-1.
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(b) The Foundation shall establish a principal office in
the United States and may establish such branch offices in
Africa as may be necessary to carry out its functions.
purposes
Sec. 504.\14\ (a) In order to enable the people of African
countries to develop their potential, fulfill their
aspirations, and enjoy better, more productive lives the
purposes of the Foundation shall be--
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\14\ 22 U.S.C. 290h-2.
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(1) to strengthen the bonds of friendship and
understanding between the people of Africa and the
United States;
(2) to support self-help activities at the local
level designed to enlarge opportunities for community
development;
(3) to stimulate and assist effective and expanding
participation process; and
(4) to encourage the establishment and growth of
development institutions which are indigenous to
particular countries in Africa and which can respond to
the requirements of the poor in those countries.
(b) The Foundation shall carry out the purposes specified
in subsection (a) in cooperation with, and response to,
organizations indigenous to Africa which are representative of
the needs and aspirations of the poor in Africa and, in
carrying out such purposes, the Foundation shall, to the extent
possible, coordinate its development assistance activities with
the activities of the United States Government and private,
regional, and international organizations.
functions
Sec. 505.\15\ (a)(1) In order to carry out the purposes set
forth in section 504, the Foundation may make grants, loans,
and loan guarantees to any African private or public group
(including public international organizations),\16\
association, or other entity engaged in peaceful activities
for--
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\15\ 22 U.S.C. 290h-3.
\16\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102
Stat. 2268-13), added the parenthetical text.
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(A) the fostering of local development institutions
and the support of development efforts initiated by
communities themselves;
(B) the development of self-evaluation techniques by
participants in projects supported under this section,
for the purpose of transferring experience gained in
such projects to similar development activities;
(C) development research by Africans and the transfer
of development resources, expertise, and knowledge
within Africa;
(D) the procurement of such technical or other
assistance as is deemed appropriate by the recipient of
such grant, loan, or guarantee, to carry out the
purposes of this title; and
(E) other projects that would carry out the purposes
set forth in section 504.
(2) The total amount of grants, loans and loan guarantees
that may be made under this section for a project may not
exceed $250,000.
(3) The Foundation may disseminate to the American public
and to United States and multilateral development institutions
insights gained from African development projects assisted
under this title.
(b) In making grants, loans, and loan guarantees under
subsection (a), the Foundation shall give priority to projects
which community groups undertake to foster their own
development and in the initiation, design, implementation, and
evaluation of which there is the maximum feasible participation
of the poor. Where appropriate and in keeping with the purposes
of this title, the Foundation may make such grants, loans, and
loan guarantees to African entities which are representative
and knowledgeable of, and sensitive to, the needs and
aspirations of the poor and which would disburse funds acquired
under such grants, loans, and loan guarantees to other African
entities to carry out the purposes of this title.
powers
Sec. 506.\17\ (a) The Foundation, as a corporation--
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\17\ 22 U.S.C. 290h-4.
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(1) shall have perpetual succession unless dissolved
by an Act of Congress;
(2) may sue and be sued, complain, and defend, in its
corporate name in any court of competent jurisdiction;
(3) may adopt, alter, and use a seal, which shall be
judicially noticed;
(4) may prescribe, amend, and repeal such rules and
regulations as may be necessary for carrying out the
functions of the Foundation;
(5) may make and perform such contracts and other
agreements with any individual, corporation, or other
private or public entity however designated and
wherever situated, as may be necessary for carrying out
the functions of the Foundation;
(6) may determine and prescribe the manner in which
its obligations shall be incurred and its expenses
allowed and paid, including expenses for representation
not exceeding $10,000 in any fiscal year;
(7) may, as necessary for carrying out the functions
of the Foundation, employ and fix the compensation of
not to exceed the following number of persons at any
one time: 25 during the fiscal year 1981, 50 during the
fiscal year 1982, and 75 thereafter;
(8) may lease, purchase, or otherwise acquire, own,
hold, improve, use, or otherwise deal in and with such
property (real, personal, or mixed) or any interest
therein, wherever situated, as may be necessary for
carrying out the functions of the Foundation;
(9) may accept gifts or donations of services or of
property (real, personal, or mixed), tangible or
intangible, in furtherance of the purposes of this
title;
(10) may use the United States mails in the same
manner and on the same conditions as the executive
departments of the Government;
(11) may, with the consent of any agency of the
United States, use the information, services,
facilities, and personnel of that agency in carrying
out the purposes of this title; and
(12) shall have such other powers as may be necessary
and incident to carrying out this title.
(b) The Foundation shall be a nonprofit corporation and
shall have no capital stock. No part of its revenue, earnings,
or other income or property shall inure to the benefit of any
of its directors, officers, or employees, and such revenue,
earnings, or other income or property shall only be used from
carrying out the purposes of this title. No director, officer,
or employee of the corporation shall in any manner directly or
indirectly participate in the deliberation upon or the
determination of any question affecting his or her personal
interests or the interests of any corporation, partnership, or
organization in which he or she is directly or indirectly
interested.
(c) The Foundation, including its franchise and income,
shall be exempt from taxation now or hereafter imposed by the
United States, by any territory or possession of the United
States, or by any State, county, municipality, or local taxing
authority.
(d) Upon termination of the corporate life of the
Foundation its assets shall be liquidated and, unless otherwise
provided by Congress, shall be transferred to the United States
Treasury as the property of the United States.
management
Sec. 507.\18\ (a)(1) The management of the Foundation shall
be vested in a board of directors (hereafter in this title
referred to as the ``Board'') composed of seven members
appointed by the President, by and with the advice and consent
of the Senate. The President shall designate one member of the
Board to serve as Chairperson of the Board and one member to
serve as Vice Chairperson of the Board. Five members of the
Board shall be appointed from private life. Two members of the
Board shall be appointed from among officers and employees of
agencies of the United States concerned with African affairs.
All members of the Board shall be appointed on the basis of
their understanding of and sensitivity to community level
development processes. Members of the Board shall be appointed
so that no more than four members of the Board are members of
any one political party.\19\
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\18\ 22 U.S.C. 290h-5.
\19\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
Stat. 1209), added the last sentence to this section. Title II also
provided that this amendment ``shall not affect an appointment made to
the Board prior to the date of enactment of this Act'' [November 21,
1989].
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(2) Members of the Board shall be appointed for terms of
six years, except that of the members first appointed, as
designated by the President at the time of their appointment,
two shall be appointed for terms of two years and two shall be
appointed for terms of four years. A member of the Board
appointed to fill a vacancy occurring before the expiration of
the term for which that member's predecessor was appointed
shall be appointed only for the remainder of that term. Upon
the expiration of his or her term a member shall continue to
serve until a successor is appointed and shall have qualified.
(b) Members of the Board shall serve without additional
compensation, but may be reimbursed for actual and necessary
expenses not exceeding $100 per day, and for transportation
expenses, while engaged in their duties on behalf of the
Foundation.
(c) A majority of the Board shall constitute a quorum.
(d)(1) The Board of Directors shall appoint a president of
the Foundation on such terms as the Board may determine. The
president of the Foundation shall receive compensation at a
rate not to exceed that provided for level IV of the Executive
Schedule under section 5315 of title 5, United States Code.\20\
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\20\ The rate of compensation at level IV of the Executive Schedule
in 2009 is $153,200 per annum (Executive Order 13483; 73 F.R. 78592;
December 18, 2008).
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(2) Experts and consultants may be employed by the Board as
authorized by section 3109 of title 5, United States Code.
(e)(1) The Board shall establish an advisory council to be
composed of such number of individuals as may be selected by
the Board from among individuals knowledgeable about
development activities in Africa. The advisory council may
include African recipients of grants, loans, or loan guarantees
under this title.
(2) The Board shall, at least once each year, consult the
advisory council concerning the objectives and activities of
the Foundation.
(3) Members of the advisory council shall receive no
compensation for their services but may be allowed travel and
other expenses in accordance with section 5703 of title 5,
United States Code, which are incurred by them in the
performance of their functions under this subsection.
government corporation control act
Sec. 508.\21\ The Foundation shall be subject to title I of
the Government Corporation Control Act.
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\21\ 22 U.S.C. 290h-6.
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limitation on spending authority
Sec. 509.\22\ Any authority provided by this title
involving the expenditure of funds (other than the funds made
available pursuant to section 510) shall be effective for a
fiscal year only to such extent or in such amounts as are
provided in advance in appropriation Acts.
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\22\ 22 U.S.C. 290h-7.
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authorizations of appropriations
Sec. 510.\23\ There are authorized to be appropriated to
carry out this title, in addition to amounts otherwise
available for that purpose, $3,872,000 for fiscal year 1986 and
$3,872,000 for fiscal year 1987. Funds appropriated under this
section are authorized to remain available until expended.
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\23\ 22 U.S.C. 290h-8. The authorizations for fiscal year 1986 and
fiscal year 1987 were provided by sec. 510 of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83, 99
Stat. 264). Authorizations for previous years include: fiscal year
1982--$2,000,000; fiscal year 1983--$2,000,000; fiscal year 1984--
$3,000,000; fiscal year 1985--no authorization; fiscal years 1988
through 2009--no authorization.
Congress did not enact an authorization for fiscal year 2009.
Instead, the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H of Public Law 111-8),
waives the requirements for authorization, and title II of that Act
(123 Stat. 852) provides the following:
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``african development foundation
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``For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533),
$32,500,000, to remain available until September 30, 2010: Provided,
That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the Foundation: Provided further, That interest earned
shall be used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the African
Development Foundation Act, in exceptional circumstances the Board of
Directors of the Foundation may waive the $250,000 limitation contained
in that section with respect to a project and a project may exceed the
limitation by up to $10,000 if the increase is due solely to foreign
currency fluctuation: Provided further, That the Foundation shall
provide a report to the Committees on Appropriations after each time
such waiver authority is exercised.''.
Title VII of that Act (at 123 Stat. 870), furthermore, provides the
following:
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``authorities for the peace corps, inter-american foundation and african
development foundation
---------------------------------------------------------------------------
``Sec. 7025. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act or the African Development
Foundation Act. The agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is proposing to
conduct activities in a country for which assistance is prohibited.''.
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Sec. 511.\24\ Expiration of Authorities * * * [Repealed--
1989]
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\24\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
Stat. 1209), repealed sec. 511 (22 U.S.C. 290h-9). Sec. 511 formerly
read as follows:
``The authority of the Foundation to make grants, loans, and loan
guarantees and otherwise to carry out the purposes of this title shall
expire on September 30, 1990, except that this section shall not
preclude the Foundation from acquiring obligations prior to that date
which mature subsequent to that date or from assuming liability prior
to that date as a guarantor of obligations which mature subsequent to
that date or from continuing as a body corporate and exercising any of
its powers subsequent to that date for purposes of the orderly
liquidation of its activities.''.
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TITLE VI--PEACE CORPS
* * * * * * *
Sec. 603.\25\ Utilization of Returned Peace Corps
Volunteers * * * [Repealed--1981]
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\25\ Sec. 734(a)(2) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 603, which had required a report from the Director of the Peace
Corps on a plan for more effective utilization of returned Peace Corps
volunteers. The Director submitted this report to Congress on January
15, 1981.
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TITLE VII--MISCELLANEOUS PROVISIONS
* * * * * * *
interagency group on human rights and foreign assistance
Sec. 710. It is the sense of the Congress that--
(1) the Interagency Group on Human Rights and Foreign
Assistance has been an effective mechanism for
coordinating and implementing United States human
rights policies;
(2) the President should consider establishing the
Interagency Group on a more permanent basis;
(3) the Interagency Group should examine proposals
for not only economic assistance but also for security
assistance; and
(4) the President should report his recommendations
for strengthening the Interagency Group to the Congress
no later than July 1, 1981.
peace in the middle east
Sec. 711.\26\ (a) It is the sense of the Congress that all
parties to the Arab-Israeli conflict need to reaffirm their
unequivocal commitment to the peace process in order to achieve
further progress toward a comprehensive settlement, to
reinforce the principles of the Camp David accords, and to take
actions to encourage parties not currently involved in the
peace process to become active participants in peace efforts.
---------------------------------------------------------------------------
\26\ 22 U.S.C. 3401 note.
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(b) It is further the sense of the Congress that to further
these goals (1) all parties to the conflict should accept
Israel's unequivocal right to exist within secure and
recognized borders; (2) the Governments of Israel and Egypt
should maintain and strengthen their commitment to the process
of normalization of relations and continue actions to support
that commitment; (3) the Governments of Israel and Egypt should
reaffirm their commitment to United Nations Resolution 242 and
its applicability, in all its aspects, to territories under
negotiations; and (4) the governments of countries in the
Middle East should assure that their policies and actions are
consistent with the objectives of achieving peace and of
involving other parties in the peace process.
assistance for jordan
Sec. 712. It is the sense of the Congress that for Jordan
to receive any funds authorized to be appropriated by this Act,
it should be judged by the President that Jordan is acting in
good faith to achieve peace in the Middle East and that the
expenditure of such funds for Jordan will serve to further
peace in the Middle East.
Sec. 713.\27\ External Debt Burdens of Egypt, Israel,
Portugal, and Turkey * * * [Repealed--1981]
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\27\ Sec. 734(a)(2) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 713, which had required a report from the President regarding the
economic conditions prevailing in Egypt, Israel, Portugal, and Turkey
which may affect their respective ability to meet their international
debt obligations and to stabilize their economies. The President
submitted this report to Congress on January 19, 1981. A similar report
concerning Egypt, Israel, and Turkey is required by sec. 723 of Public
Law 97-113.
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Sec. 714.\28\ Soviet Military Personnel and Activities in
Cuba * * * [Repealed--1981]
---------------------------------------------------------------------------
\28\ Sec. 734(a)(2) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 714, which had required quarterly and annual reports to Congress
regarding the military capabilities and deployment of Soviet military
personnel in Cuba and Soviet military assistance to the armed forces of
Cuba.
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cuban refugees
Sec. 715. (a) The Congress finds that--
(1) the flow of refugees for political, economic, or
other compelling reasons is a growing and world-wide
phenomenon;
(2) the United States represents freedom of thought
and action and economic opportunity and has
historically played a major role in providing a home to
the refugees of the world;
(3) an orderly and lawful refugee process is
necessary for the furtherance of United States domestic
well-being;
(4) continuation of the traditional compassionate and
humanitarian policy of the United States regarding
entry to its shores of refugees and other victims of
oppression is threatened by the precipitate influx of
large numbers of Cubans fleeing their country;
(5) the United States has sought to negotiate with
the Government of Cuba to establish a lawful, safe, and
orderly process by which Cubans may be allowed to leave
their country; and
(6) the Cuban refugee crisis is a problem of
international concern and other nations should
contribute to its resolution.
(b)(1) The Congress urges the President to take the
necessary steps to encourage and secure greater international
cooperation with respect to the large number of Cuban natives
who have recently fled or are attempting to flee Cuba. Such
steps should include seeking the agreement of other countries
to admit some of those persons into their respective countries
and to contribute funds and other assistance for the
resettlement of those persons.
(2) In order to encourage countries throughout the world
which are recipients of United States bilateral and
multilateral assistance to permit and to help finance the
resettlement of Cuban and other refugees within their borders,
the President shall, to the maximum extent feasible, attempt to
channel such assistance to countries which have demonstrated a
willingness to provide assistance to Cuban and other refugees.
(c) It is the sense of the Congress that, in carrying out
subsection (b)(1), the President should seek the discussion, in
an appropriate international forum such as the United Nations
or the Organization of American States, of the situation
involving the flight of large numbers of Cuban natives from
Cuba, of the resettlement of Cuban refugees, and of means by
which a more orderly process may be established to handle
future crises of a similar nature.
incarceration and deportation of certain cubans
Sec. 716.\29\ The Congress finds that the United States
Government has already incarcerated recently arrived Cubans who
are admitted criminals, are security threats, or have incited
civil disturbances in Federal processing facilities. The
Congress urges the Executive branch, consistent with United
States law, to seek the deportation of such individuals.
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\29\ 8 U.S.C. 1522 note.
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prohibition on assistance to the governments of cuba, vietnam, and
cambodia
Sec. 717. None of the funds authorized to be appropriated
by this Act may be used to provide assistance to the
Governments of Cuba, Vietnam, or Cambodia. Nothing in this
section shall be construed to prohibit food assistance or
humanitarian assistance which is distributed directly to the
people of Cambodia.
cooperation of other governments in the boycott of the 1980 summer
olympic games in moscow
Sec. 718. In determining the levels of assistance to be
provided to a foreign government with funds authorized to be
appropriated by this Act, the President shall take into account
the position of that government with respect to the United
States proposed boycott of the 1980 summer Olympic games in
Moscow.
elections in uganda
Sec. 719. The President shall encourage the holding of
free, open elections in Uganda and shall, in considering
assistance for Uganda with funds authorized to be appropriated
by this Act, take into account whether such elections are held.
Sec. 720.\30\ Report to Congress on the Implementation of
the Lancaster House Declaration of Rights in Zimbabwe * * *
[Repealed--1981]
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\30\ Sec. 734(a)(2) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 720, which had required a report from the President every 60 days
during fiscal year 1981 (if Zimbabwe received assistance under this
Act) regarding the internal situation in Zimbabwe.
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Sec. 721.\31\ Restriction on Assistance to El Salvador * *
* [Repealed--1981]
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\31\ Sec. 734(a)(2) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 721, which had prohibited the use of assistance for El Salvador
during fiscal year 1981 for the purpose of planning for compensation,
or for the purpose of compensation, for the confiscation,
nationalization, acquisition, or expropriation of any agricultural or
banking enterprise, or of the properties or stock shares which may be
pertaining thereto.
(6) International Security Assistance Act of 1979
Partial text of Public Law 96-92 [H.R. 3173] 93 Stat. 701, approved
October 29, 1979; as amended by Public Law 97-113 [International
Security and Development Cooperation Act of 1981, S. 1196], 95 Stat.
1529 at 1560, approved December 29, 1981
Note.--Except for the provisions noted below, the
International Security Assistance Act of 1979 consists
of amendments to the Foreign Assistance Act of 1961 and
the Arms Export Control Act.
AN ACT To amend the Foreign Assistance Act of 1961 and the Arms Export
Control Act to authorize international security assistance programs for
fiscal year 1980, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
short title
Section 1. This Act may be cited as the ``International
Security Assistance Act of 1979''.
* * * * * * *
stockpiling of defense articles for foreign countries
Sec. 6. (a) * * *
(b) \1\ * * * [Repealed--1981]
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\1\ Sec. 734(a)(11) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
subsec. (b), which had required a report from the President regarding
the stockpiling authorities for the Republic of Korea. The President
submitted this report to Congress on January 2, 1980.
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* * * * * * *
authorization and aggregate ceiling for foreign military sales credits
Sec. 17. (a) * * *
(b) \2\ Of the principal amount of loans guaranteed for the
fiscal year 1980 under section 24 of the Arms Export Control
Act--
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\2\ 22 U.S.C. 2271 note.
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(1) with respect to Turkey, not to exceed
$50,000,000,
(2) with respect to Greece, not to exceed
$42,000,000, and
(3) with respect to Sudan, not to exceed $25,000,000,
shall be repaid in not less than 20 years, following a grace
period of 10 years on repayment of principal.
* * * * * * *
national disclosure policy for sensitive weapons technology
Sec. 20. (a) \3\ * * * [Repealed--1981]
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\3\ Sec. 734(a)(11) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
subsec. (a), which had required a report from the President concerning
the results of a review of the interagency procedures and disclosure
criteria used by the U.S. in determining whether sensitive weapons
technology will be transferred to other countries. The President
submitted this report to Congress on March 25, 1980.
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(b) * * *
* * * * * * *
transfer of war reserve materiel and other property to taiwan
Sec. 23.\4\ (a) Notwithstanding any other provision of law,
during the calendar year 1980 the President is authorized to
transfer to Taiwan under such terms and conditions as he may
deem appropriate, such United States war reserve materiel that
was located on Taiwan on January 1, 1979, as he may determine.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 3302 note.
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(b) Notwithstanding any other provision of law, during the
calendar years 1979 and 1980 the President is authorized to
transfer to Taiwan, under such terms and conditions as he may
deem appropriate, such rights of the United States in property
(other than war reserve materiel) that was located on Taiwan on
January 1, 1979, as he may determine.
ammunition sold to thailand
Sec. 24. The Royal Thai Government shall be released from
its contractual obligation to pay to the United States
Government such amount as is due on or before October 30, 1979,
as a condition precedent under the letter of offer accepted by
the Royal Thai Government on April 12, 1977, to the transfer of
title to the last increment of United States ammunition stocks
sold to the Royal Thai Government under such letter of offer
pursuant to the Memorandum of Agreement of March 22, 1977,
relating to the storage of ammunition in Thailand.
Sec. 25.\5\ Assistance for Jordan * * * [Repealed--1981]
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\5\ Sec. 734(a)(11) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 25, which had required a determination and report by the President
that Jordan was acting in good faith to achieve further progress toward
a comprehensive peace settlement in the Middle East before funds could
be used for assistance to Jordan during fiscal year 1980. Such a
determination was transmitted to Congress on January 10, 1980.
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shaba airlift
Sec. 26. Notwithstanding any other provision of law, the
President is authorized to make available the services of the
Department of Defense for the purpose of facilitating the
removal from Zaire of those foreign armed forces which were
transported to Zaire by the United States at the time of the
crisis in Shaba Province in 1978.
fiscal year 1979 supplemental authorization for turkey
Sec. 27.\6\ (a) It is hereby determined that the national
interests of the United States would be served by the
furnishing of additional economic support fund assistance to
Turkey in order to promote the economic and political stability
of that country, and to strengthen its ability to fulfill its
responsibilities as a member of the North Atlantic Treaty
Organization.
---------------------------------------------------------------------------
\6\ 22 U.S.C. 2346c note.
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(b) In furtherance of subsection (a) of this section, and
in addition to amounts otherwise available for such purposes,
there are authorized to be appropriated to the President to
carry out the purposes of chapter 4 of part II of the Foreign
Assistance Act of 1961 $100,000,000 for the fiscal year 1979,
which amount shall be available only for Turkey.\7\
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\7\ Supplemental Appropriations Act, 1979 (Public Law 96-38; 93
Stat. 102), provided an additional $100,000,000 for the Economic
Support Fund for Turkey, ``to remain available until expended''.
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(c) Amounts appropriated under this section may be made
available until expended.
(d) Notwithstanding any assistance authorized for Turkey
under this Act, it remains the policy of the United States that
all foreign troops in Cyprus, except those stationed in Cyprus
under the auspices of the United Nations, should be withdrawn
from Cyprus.
(e) It is the sense of the Congress that the recent
announcement by the leaders of the Greek Cypriots and the
Turkish Cypriots to resume intercommunal negotiations is an
encouraging recognition by the parties that the human rights
and fundamental freedoms of all the citizens of the Republic of
Cyprus will be respected. The Congress urges all parties to the
negotiations to demonstrate good faith in the negotiations and
to move promptly toward a full, just, and lasting settlement.
Sec. 28.\8\ Prohibition on Assistance to Panama * * *
[Repealed--1981]
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\8\ Sec. 734(a)(11) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 28, which had prohibited assistance to Panama during fiscal year
1980 (unless the President determined that such assistance was in the
U.S. national interest). The President transmitted such a determination
to Congress on December 28, 1979.
(7) International Development Cooperation Act of 1979
Partial text of Public Law 96-53 [H.R. 3324], 93 Stat. 359, approved
August 14, 1979; as amended by Public Law 96-465 [Foreign Service Act
of 1980, H.R. 6790], 94 Stat. 2071 at 2162, approved October 17, 1980;
Public Law 96-533 [International Security and Development Cooperation
Act of 1980, H.R. 6942], 94 Stat. 3131 at 3148, approved December 16,
1980; Public Law 97-113 [International Security and Development
Cooperation Act of 1981, S. 1196], 95 Stat. 1519 at 1560, approved
December 29, 1981; Public Law 98-164 [Department of State Authorization
Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 1017 at 1061,
approved November 22, 1983; and Public Law 105-277 [Foreign Affairs
Reform and Restructuring Act of 1998 (division G); H.R. 4328], 112
Stat. 2681), approved October 21, 1998
Note.--Except for the provisions noted below, the
International Development Cooperation Act of 1979
consists of amendments to the Foreign Assistance Act of
1961, the International Development and Food Assistance
Act of 1978, the International Development and Food
Assistance Act of 1977, Public Law 480 (now Food for
Peace Act), Title 5 of the United States Code, and the
Peace Corps Act. These amendments are incorporated into
the texts of these Acts at the appropriate locations.
AN ACT To authorize appropriations for fiscal year 1980 for
international development and economic assistance programs and for the
Peace Corps, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
short title
Section 1. This Act may be cited as the ``International
Development Cooperation Act of 1979''.
TITLE I--DEVELOPMENT ASSISTANCE
* * * * * * *
international organizations and programs
Sec. 114. (a) * * *
(b) Notwithstanding any other provision of law, funds
appropriated for the fiscal year 1979 to meet the annual
obligations of membership of the United States in the United
Nations and its specialized agencies may be made available for
the furnishing of technical assistance by the United Nations
and its specialized agencies.
* * * * * * *
Sec. 124.\1\ Prohibition on Assistance to Panama * * *
[Repealed--1981]
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\1\ Sec. 734(a)(3) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 124, which had prohibited assistance for Panama during fiscal year
1980 unless the President determined that such aid was in the national
interest.
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assistance to latin american and caribbean countries
Sec. 125.\2\ It is the sense of the Congress that the
United States should place greater emphasis on public and
private resources for development programs in Latin America and
the Caribbean which address problems common to the Western
Hemisphere. It is further the sense of the Congress that
provision of such assistance to Latin American and Caribbean
countries, including transitional developing countries, is
consistent with the purposes of part I of the Foreign
Assistance Act of 1961.
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\2\ 22 U.S.C. 2151 note.
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increased contributions for development assistance
Sec. 126.\2\ In recognition of the rapidly growing economic
strength and ability to contribute to international development
and security efforts of other nations, it is the sense of the
Congress that the President should take all appropriate steps
to negotiate with those nations with adequate financial
resources to provide assistance to increase their contributions
for development assistance through multilateral programs as
well as through bilateral efforts.
TITLE II--FOOD FOR PEACE
* * * * * * *
TITLE III--PEACE CORPS
* * * * * * *
TITLE IV--INSTITUTE FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION
statement of policy
Sec. 401.\3\ As declared by Congress in the Foreign
Assistance Act of 1961, a principal objective of the foreign
policy of the United States is the encouragement and sustained
support of the people of developing countries in their efforts
to acquire the knowledge and resources essential to development
and to build the economic, political, and social institutions
which will improve the quality of their lives. The Congress
reaffirms the profound humanitarian and foreign policy concerns
of the United States in the economic and social progress of the
developing countries and in the alleviation of the worst
physical manifestations of poverty in these countries.
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\3\ 22 U.S.C. 3501.
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In furtherance of that objective, the Congress recognizes
that developing countries require extensive scientific and
technological capacity in order to deal effectively with their
development problems, relate to the industrialized nations, and
constructively participate in the shaping of a stable world
order.
It is therefore in the mutual interest of the United States
and the developing countries to increase scientific and
technological cooperation and jointly to support long-term
research on critical problems that impede development and limit
the efficient use of the world's human, natural, and capital
resources.
purposes and establishment of the institute
Sec. 402.\4\ (a) To strengthen the capacity of the people
of developing countries to solve their development problems
through scientific and technological innovation, to foster
research on problems of development, and to facilitate
scientific and technological cooperation with developing
countries, the President is authorized to establish an
Institute for Scientific and Technological Cooperation
(hereafter in this title referred to as the ``Institute''),
which shall be subject to the foreign policy guidance of the
Secretary of State.
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\4\ 22 U.S.C. 3502.
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(b) The Institute shall be guided by the policies set forth
in sections 101 and 102 of the Foreign Assistance Act of 1961
and shall direct a substantial share of its resources to those
objectives.
functions of the institute
Sec. 403.\5\ (a) In carrying out its purposes, the
Institute shall--
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\5\ 22 U.S.C. 3503.
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(1) assist developing countries to strengthen their
own scientific and technological capacity in order for
them to undertake the research and experimentation
necessary for development;
(2) support research, in the United States and in
developing countries, on critical development problems,
with emphasis on research relating to technologies
which are labor-intensive or which do not generate
additional unemployment or underemployment and with
emphasis on those problems which are the greatest
impediment to improvement in the lives of the majority
of the poor;
(3) foster the exchange of scientists and other
technological experts with developing countries, and
other forms of exchange and communication to promote
the joint solution of problems of mutual concern to the
United States and developing countries;
(4) advise and assist other agencies of the United
States Government in planning and executing policies
and programs of scientific and technological
cooperation with developing countries;
(5) facilitate the participation of private United
States institutions, businesses, and individuals in
scientific and technological cooperation with
developing countries; and
(6) gather, analyze, and disseminate information
relevant to the scientific and technological needs of
developing countries.
(b) In carrying out the functions specified in subsection
(a), the Institute shall take particular care to review all of
its programs, projects, and other activities to ensure that
technologies which are developed, utilized, or promoted are
assessed with regard to minimizing any new problems and that
participants in such programs, projects, and activities are
fully aware of the need for such review with respect to any
technology-related activities for which they are responsible.
(c) For purposes of carrying out the functions of the
Institute, the President may utilize, in addition to
authorities conferred by this title, such authority contained
in the Foreign Assistance Act of 1961, the Foreign Service Act
of 1980,\6\ title V of the Foreign Relations Authorization Act,
Fiscal Year 1979, and title IV of the International Development
and Food Assistance Act of 1978, as the President deems
necessary.
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\6\ Sec. 2206(11) of Public Law 96-465 (94 Stat. 2162) struck out
``Foreign Service Act of 1946'' and inserted in lieu thereof ``Foreign
Service Act of 1980''.
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(d) The Institute shall carry out its functions in
consultation and cooperation with the agencies of the United
States Government, international organizations, and agencies of
other governments engaged in promoting economic, social, and
technological development in developing countries.
(e) The President shall prescribe appropriate procedures to
assure coordination of the activities of the Institute with
other activities of the United States Government in furthering
the use of science and technology in the cause of development.
general authorities
Sec. 404.\7\ (a) To carry out the purposes and functions of
the Institute, the President may--
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\7\ 22 U.S.C. 3504.
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(1) make and perform contracts and other agreements
with any individual, institution, corporation, or other
body of persons however designated, within or outside
the United States, and with governments or government
agencies, domestic or foreign;
(2) make advances, grants, and loans to any
individual, institution, corporation, or other body of
persons however designated, within or outside the
United States, and to governments or government
agencies, domestic or foreign;
(3) employ such personnel as necessary and fix their
compensation;
(4) make provision for compensation, transportation,
housing, subsistence (or per diem in lieu thereof), and
health care or health and accident insurance for
foreign nationals engaged in activities authorized by
this title while they are away from their homes,
without regard to the provisions of any other law;
(5) accept and use money, funds, property, and
services of any kind by gift, devise, bequest, grant,
or otherwise in furtherance of the purposes of the
Institute;
(6) acquire by purchase, lease, loan, bequest, or
gift and hold and dispose of by sale, lease, loan, or
grant, real and personal property of all kinds;
(7) prescribe, amend, and repeal such rules and
regulations as may be necessary to the conduct of the
business of the Institute;
(8) utilize information, services, facilities,
officers, and employees of any agency of the United
States Government;
(9) establish a principal office in the United States
and such other offices within or outside the United
States, as may be necessary;
(10) make such expenditures as may be necessary for
administering the provisions of this title;
(11) adopt, alter, and use an official seal for the
Institute, which shall be judicially noticed; and
(12) take such other actions as may be necessary and
incidental to carrying out the functions of the
Institute.
(b) Any authority provided by this section involving the
expenditures of appropriated funds shall be effective for a
fiscal year only to such extent or in such amounts as are
provided in appropriation Acts.
director of the institute
Sec. 405.\8\ (a) There shall be a Director of the Institute
(hereafter in this title referred to as the ``Director'') who
shall be the chief executive officer of the Institute. The
Director shall be appointed by the President, by and with the
advice and consent of the Senate, and shall receive
compensation at the rate payable for level III of the Executive
Schedule under section 5314 of title 5 of the United States
Code.
---------------------------------------------------------------------------
\8\ 22 U.S.C. 3505.
---------------------------------------------------------------------------
(b) The President may exercise any authorities conferred
upon him by this title through the Director or any other agency
or officer of the United States Government as he shall direct.
The Director or head of any such agency or any such officer may
delegate to any of his subordinates authority to perform any of
such functions.
deputy director and other statutory officers
Sec. 406.\9\ (a) A Deputy Director of the Institute shall
be appointed by the President, by and with the advice and
consent of the Senate. The Deputy Director shall receive
compensation at the rate payable for level IV of the Executive
Schedule under section 5315 of title 5 of the United States
Code.
---------------------------------------------------------------------------
\9\ 22 U.S.C. 3506.
---------------------------------------------------------------------------
(b) The Deputy Director shall perform such duties and
exercise such powers as the Director may prescribe.
(c) The President may establish up to two additional
positions in the Institute to be compensated at the rate
payable for level V of the Executive Schedule under section
5316 of title 5 of the United States Code.
council on international scientific and technological cooperation
Sec. 407.\10\ (a) In order to further the purposes of the
Institute, the President is authorized to establish a Council
on International Scientific and Technological Cooperation
(hereafter in this title referred to as the ``Council'').
---------------------------------------------------------------------------
\10\ 22 U.S.C. 3507.
---------------------------------------------------------------------------
(b)(1) The Council shall--
(A) advise the Director with respect to the policies,
programs, planning, and procedures of the Institute;
(B) make recommendations to the Director on the use
of the resources available to the Institute; and
(C) advise the Director on matters involving the
activities of the Institute overseas and appropriate
relationship with the private sector, within and
outside the United States.
(2) The Council shall prepare an annual report setting
forth the major recommendations made and advice given pursuant
to paragraph (1) of this subsection.
(c) The Director shall seek the advice of the Council
before making any decision with respect to the selection or
termination of, or any significant change in, the areas and
issues in which the Institute conducts its activities, and with
respect to the transfer of specific programs and projects from
any other Government agency to the Institute. The Council shall
have the authority to review all new programs and initiatives
before their implementation and to make recommendations with
regard to the approval or disapproval of new programs and
initiatives having a cost in excess of $500,000 or a duration
greater than two years.
(d) The Council shall consist of up to twenty-five members
appointed by the President, one of whom the President shall
designate as Chairman. The members of the Council shall be
appointed for terms of four years, except that the members
first appointed shall be appointed for terms of one, two,
three, or four years, as designated by the President at the
time of their appointment, so that the terms of approximately
one-fourth of the members of the Council expire in any year.
The members of the Council shall be selected from among--
(1) citizens of the United States who are widely
recognized for their broad knowledge of, or expertise
in, science and technology, or their interest in the
scientific and technological problems of developing
countries;
(2) citizens of foreign countries who by their
knowledge and expertise are capable of providing advice
and guidance to the Institute on the application of
science and technology to the problems of developing
countries, except that not more than one-third of the
membership of the Council shall consist of members who
are citizens of foreign countries; and
(3) officials of the United States Government, except
that not to exceed five members of the Council may be
appointed under this paragraph, one of whom shall be
the Secretary of State or his designee.
(e) Members of the Council who are not officials of the
United States Government shall be entitled to compensation, not
to exceed the daily equivalent of the highest rate which may be
paid to an employee under the General Schedule established by
section 5332 of title 5 of the United States Code, while in the
performance of their duties under this title, and to
reimbursement for expenses and per diem in lieu of subsistence
while away from their homes or regular places of business in
the same manner as persons employed intermittently in
Government service are allowed expenses under section 5703 of
title 5 of the United States Code. Members of the Council who
are not officials of the United States Government shall not be
deemed officers, employees, or otherwise in the service or
employment of the United States Government for any purpose,
except that members of the Council who are United States
citizens shall be deemed Government employees for the purposes
of sections 202, 203, 205, 207, 208, and 209 of title 18 of the
United States Code.
(f) The Council may appoint from among its members an
Executive Committee, and such other committees it deems
necessary, to assist it in exercising its powers and functions.
The Executive Committee shall consist of seven members, one of
whom shall be the Chairman of the Council and not more than
three of whom shall be employees of the United States
Government. The Executive Committee shall exercise such powers
and functions as are delegated to it by the Council.
institute fellowships
Sec. 408.\11\ (a) The President is authorized to award up
to twenty fellowships annually for periods up to two years,
such awards to be renewable for an additional period not to
exceed two years, to individuals who have demonstrated
exceptional competence and ability in the fields of scientific,
technological, economic, or social endeavor selected by the
Institute for concentration. The awards shall be made so as to
encompass a wide diversity of disciplines and backgrounds, and
shall be made on the basis of criteria established by the
President upon the advice of the Council. Up to ten of the
awards in any year may be made to citizens of countries other
than the United States. Individuals awarded fellowships shall
be designated as Institute Fellows.
---------------------------------------------------------------------------
\11\ 22 U.S.C. 3508.
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(b) The President may assign Institute Fellows to undertake
such activities, in the United States or abroad, as will
further the purposes of the Institute.
(c) The amount of the awards made pursuant to this section
shall be established by the President, but shall not in any
case exceed the highest rate which may be paid to an employee
under the General Schedule established by section 5332 of title
5 of the United States Code. In addition, where appropriate,
the President may make provisions for transportation, housing
(when assigned outside country of residence), subsistence (or
per diem in lieu thereof), and health care or health or
accident insurance for Institute Fellows and their dependents
while engaged in activities authorized by this title.
(d) Except as provided otherwise in this section, Institute
Fellows shall not be deemed employees or otherwise in the
service or employment of the United States Government.
Institute Fellows shall be considered employees for purposes of
compensation of injuries under chapter 81 of title 5 of the
United States Code and the tort claim provisions of chapter 171
of title 28 of the United States Code. In addition, Institute
Fellows who are United States citizens shall be considered
Government employees for purposes of sections 202, 203, 205,
207, 208, and 209 of title 18 of the United States Code.
(e) Alien participants in any program of the Institute,
including Institute Fellows and their dependents, may be
admitted to the United States, if otherwise qualified as non-
immigrants under section 101(a)(15) of the Immigration and
Nationality Act, for such time and under such conditions as may
be prescribed by regulations promulgated by the Secretary of
State and the Attorney General.
conflict of interest
Sec. 409.\12\ Members of the Council and Institute Fellows
shall avoid any action, in their activities with respect to the
Institute, which might result in, or create the appearance of,
a conflict of interest, including but not limited to--
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\12\ 22 U.S.C. 3509.
---------------------------------------------------------------------------
(1) using their office or position for private gain;
(2) giving preferential treatment to any person;
(3) making recommendations or decisions relating to
any activity authorized by this title in other than an
impartial and independent manner;
(4) misusing Government property or official
information obtained through their office or position
which has not been made available to the general
public; or
(5) affecting adversely the confidence of the public
in the integrity of the Institute.
authorization of appropriations
Sec. 410.\13\ There are authorized to be appropriated to
the President to carry out this title, in addition to funds
otherwise available for such purpose, $12,000,000 for the
fiscal year 1981.\14\ Funds appropriated under this section are
authorized to remain available until expended.
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\13\ 22 U.S.C. 3510.
\14\ Sec. 312 of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3148) added the
authorization figure for fiscal year 1981. The authorization for fiscal
year 1980 was $23,750,000. However, these funds were never
appropriated.
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Sec. 411.\15\ Annual Report * * * [Repealed--1983]
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\15\ Sec. 1011(a)(6) of the Department of State Authorization Act,
Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1061) repealed
sec. 411, which had required an annual report to Congress regarding the
operations of the Institute.
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conforming amendments
Sec. 412. (a) Section 5314 of title 5 of the United States
Code, relating to level III of the Executive Schedule, is
amended by adding at the end thereof the following:
``(70) Director, Institute for Scientific and
Technological Cooperation.''
(b) Section 5315 of title 5 of the United States Code,
relating to level IV of the Executive Schedule, is amended by
adding at the end thereof the following:
``(128) Deputy Director, Institute for Scientific and
Technological Cooperation.''.
(c) Section 5316 of title 5 of the United States Code,
relating to level V of the Executive Schedule, is amended by
adding at the end thereof the following:
``(152) Additional officers, Institute for Scientific
and Technological Cooperation (2).''.
Sec. 413.\16\ Establishment in International Development
Cooperation Agency * * * [Repealed--1998]
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\16\ Formerly at 22 U.S.C. 3512. Sec. 1-101 of Executive Order
12163 established the International Development Cooperation Agency,
effective October 1, 1979. Sec. 1422(a) of the Foreign Affairs Reform
and Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681) repealed sec. 413 and the Reorganization Plan Numbered 2 of
1979 referred to in that section. Sec. 413 had provided as follows:
``Sec. 413. Upon the establishment of the United States
International Development Cooperation Agency pursuant to Reorganization
Plan Numbered 2 of 1979, the Institute shall be established within such
Agency.''.
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expiration of authorities
Sec. 414.\17\ The authorities contained in this title shall
expire on September 30, 1984.
---------------------------------------------------------------------------
\17\ 22 U.S.C. 3513.
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TITLE V--MISCELLANEOUS PROVISIONS
earmarking for lebanon of unobligated balances in the middle east
special requirements fund
Sec. 501. Of the funds continued available for the fiscal
year 1979 for the Middle East Special Requirements Fund by
section 103 of the Foreign Assistance and Related Programs
Appropriations Act, 1979, which are unobligated on the date of
enactment of this Act, $5,000,000 shall be available only for
Lebanon and may hereafter be continued available only for such
country.
military assistance to sudan
Sec. 502.\18\ In addition to the amount authorized to be
appropriated for grant military assistance for the fiscal year
1980 by section 504(a)(1) of the Foreign Assistance Act of
1961, there is authorized to be appropriated to carry out the
purposes of chapter 2 of part II of that Act for the fiscal
year 1980 $1,700,000. Not more than $1,700,000 of the funds
available to carry out that chapter for the fiscal year 1980
may be allocated and made available for assistance for Sudan.
For purposes of the last sentence of section 504(a)(1) and for
purposes of section 515(b)(1) of the Foreign Assistance Act of
1961, this section shall be deemed to be part of such section
504(a)(1).
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\18\ 22 U.S.C. 2312 note.
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* * * * * * *
human rights reports
Sec. 504. (a) * * *
(b) \19\ * * * [Repealed--1981]
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\19\ Sec. 734(a)(3) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out
subsec. (b), which had required a report from the Secretary of State on
the impact on U.S. foreign relations of the human rights reports
required by the Foreign Assistance Act of 1961. The Secretary of State
submitted this report to Congress on November 15, 1979.
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* * * * * * *
Sec. 506.\20\ Prohibition on Assistance to Vietnam,
Cambodia, and Cuba * * * [Repealed--1981]
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\20\ Sec. 734(a)(3) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 506, which had prohibited aid to Vietnam, Cambodia, and Cuba
during fiscal year 1980.
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nonproliferation of nuclear weapons
Sec. 507.\21\ (a) In accordance with the Nuclear Non-
Proliferation Act of 1978, the Congress strongly urges all
nations which are not parties to the Treaty on Non-
Proliferation of Nuclear Weapons to become parties to that
treaty.
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\21\ 22 U.S.C. 3201 note.
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(b) \22\ * * * [Repealed--1981]
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\22\ Sec. 734(a)(3) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out
subsec. (b), which had required a report from the Secretary of State
specifying what efforts the Department of State had made to encourage
nations which are not parties to the Treaty on Nonproliferation of
Nuclear Weapons to become parties to such treaty. The Secretary of
State submitted this report to Congress on November 19, 1979.
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accelerated loan repayments
Sec. 508. (a) * * *
(b) \23\ * * * [Repealed--1981]
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\23\ Sec. 734(a)(3) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out
subsec. (b), which had required that the annual reports on foreign
assistance submitted to Congress in 1980 and 1981 describe the efforts
made to negotiate accelerated loan repayments.
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refugee crisis in southeast asia
Sec. 509. (a)(1) The refugee crisis in Indochina is
unfolding as one of the great human tragedies of our time.
(2) At least seven hundred and fifty thousand human beings
have fled Vietnam, Kampuchea, and Laos since the spring of
1975.
(3) Approximately three hundred thousand human beings
currently remain in refugee camps throughout Southeast Asia.
(4) As many as two hundred and fifty thousand human beings
may have perished in their attempts to reach freedom and many
thousands more face death should the present situation
continue.
(5) The international borders are closing to the refugees
fleeing from Indochina.
(6) The international community has failed to respond
adequately to the crisis, despite the existence of adequate
mechanisms to respond.
(b) It is the sense of the Congress that the President
should continue to support the efforts of the Secretary General
of the United Nations to use appropriate fora to deal with the
refugee crisis in Southeast Asia.
(c) \24\ * * * [Repealed--1981]
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\24\ Sec. 734(a)(3) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out
subsec. (c), which had required periodic reports from the President on
the prospects for permanent resettlement of Indochinese refugees so
that no disruption of the economy of a host country would result.
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certain travel expenses
Sec. 510. Section 5924(4)(B) of title 5, United States
Code,\25\ is amended by striking out ``one annual trip each way
for each dependent of an employee of the Department of State or
the United States Information Agency, or'' and inserting in
lieu thereof ``(i) in the case of dependents traveling to
obtain secondary education, one annual trip, or in the case of
dependents traveling to obtain undergraduate college education,
two annual trips, each way for each dependent of an employee of
the Department of State, of the International Communication
Agency, or of the Agency for International Development, or
(ii)''.
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\25\ Sec. 5924 of title 5, U.S.C., provides for certain costs of
living allowances for U.S. Government employees living in a foreign
area.
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* * * * * * *
effective dates
Sec. 512. (a) Except as provided in subsection (b) of this
section and in section 503(b), this Act shall take effect on
October 1, 1979.
(b) Sections 114(b), 123, 501, and 509 of this Act shall
take effect on the date of enactment of this Act.
(8) International Development and Food Assistance Act of 1978
Partial text of Public Law 95-424 [H.R. 12222], 92 Stat. 937, approved
October 6, 1978; as amended by Public Law 96-53 [International
Development Cooperation Act of 1979, H.R. 3324], 93 Stat. 359 at 378,
approved August 14, 1979; Public Law 96-67 [S. 1019], 93 Stat. 415,
approved September 21, 1979; and Public Law 97-113 [International
Security and Development Cooperation Act of 1981, S. 1196], 95 Stat.
1519 at 1560, approved December 29, 1981
Note.--Except for the provisions noted below, the
International Development and Food Assistance Act of
1978 consists of amendments to the Foreign Assistance
Act of 1961 and the Agricultural Trade Development and
Assistance Act of 1954 (P.L. 480, now Food for Peace
Act).
AN ACT To amend the Foreign Assistance Act of 1961 to authorize
development and economic assistance programs for fiscal year 1979, to
make certain changes in the authorities of that Act and the
Agricultural Trade Development and Assistance Act of 1954,\1\ to
improve the coordination and administration of United States
development-related policies and programs, and for other purposes.
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\1\ Sec. 3001(c) of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 1821) provided that ``Any reference in
any Federal, State, tribal, or local law (including regulations) to the
`Agricultural Trade Development and Assistance Act of 1954' shall be
considered to be a reference to the `Food for Peace Act'.''.
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Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
short title
Section 1. This Act may be cited as the ``International
Development and Food Assistance Act of 1978''.
TITLE I--DEVELOPMENT ASSISTANCE
* * * * * * *
international organizations and programs
Sec. 117.--(a) * * *
(b)(1) * * *
(2) \2\ * * * [Repealed--1981]
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\2\ Sec. 734(a)(3) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out
para. (2), which had required a report from the Secretary of State on
the progress made by the UNRWA to improve the ration distribution
system for Palestine refugees. The Secretary of State submitted this
report to Congress on February 5, 1979.
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(c) * * *
(d) * * *
(e) \3\ In addition to amounts otherwise available for such
purpose, there are authorized to be appropriated to the
President not to exceed $1,000,000 for contributions to the
World Assembly on Aging to be convened under the auspices of
the United Nations, except that the amount so contributed may
not exceed 25 percent of the expenditures of such Assembly.
Amounts appropriated under this subsection are authorized to
remain available until expended.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 2222 note. See also sec. 302(a)(1) of the FA Act of
1961.
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* * * * * * *
locust plagues control in africa
Sec. 120.\4\ In order to assist in attempts to control
locust plagues in Africa, especially in the Horn of Africa,
there is authorized to be appropriated to the President, in
addition to amounts otherwise authorized for disaster relief
purposes, $2,000,000, which amount is authorized to remain
available until expended.
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\4\ 22 U.S.C. 2292d.
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* * * * * * *
african development foundation
Sec. 122.\5\ (a) The Congress declares that the United
States should place higher priority on the formulation and
implementation of policies and programs to enable the people of
African nations to develop their potential, fulfill their
aspirations, and enjoy better, more productive lives. In
furtherance of these objectives, the Congress finds that
additional support is needed for community-based self-help
activities in Africa and that an African Development
Foundation, organized to further the purposes set forth in
section 123 of the Foreign Assistance Act of 1961, can
complement current United States development programs in
Africa.
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\5\ 22 U.S.C. 2151u note.
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(b) \6\ * * * [Repealed--1981]
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\6\ Sec. 734(a)(3) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out
subsec. (b), which had required a report from the President on
proposals for an African Development Foundation. The President
submitted this report to Congress on February 1, 1979.
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TITLE II--FOOD FOR PEACE
Sec. 201.\7\ Effectiveness of Food Assistance in Meeting
Basic Food Needs * * * [Repealed--1981]
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\7\ Sec. 734(a)(3) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 201, which had required a report from the President on the
effectiveness of food assistance under Public Law 480 in meeting basic
human needs. The President submitted this report to Congress on
February 23, 1979.
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TITLE III--COORDINATION AND ADMINISTRATION OF THE DEVELOPMENT-RELATED
PROGRAMS AND POLICIES OF THE UNITED STATES
declaration of objectives
Sec. 301.\8\ The Congress declares that the United States
Government should place higher priority, in the formulation and
implementation of governmental policies, on efforts to help
meet the legitimate needs of poor countries for improving the
quality of the lives of their populations. The Congress also
declares that greater effectiveness and efficiency of United
States assistance to such countries can be achieved through
improved coordination and administrative consolidation.
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\8\ 22 U.S.C. 2151 note.
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implementation of objectives
Sec. 302.\8\ In furtherance of the objectives set forth in
section 301 the Congress directs the President to institute a
strengthened system of coordination of all United States
economic policies which impact on the developing countries of
the world, including but not limited to policies concerning
international trade, commodity agreements, investment, debt,
international financial institutions, international and
multilateral development agencies and programs, and
concessional and grant food assistance, in addition to policies
concerning United States bilateral economic development
assistance.
Sec. 303.\9\ Report * * * [Repealed--1981]
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\9\ Sec. 734(a)(3) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 303, which had required a report from the President on steps he
has taken to implement this title. The President submitted this report
to Congress on March 8, 1979.
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TITLE IV--UNIFIED PERSONNEL SYSTEM
establishment of a unified personnel system
Sec. 401.\10\ (a) Not later than May 1, 1979,\11\ the
President shall submit to the Congress, and publish in the
Federal Register, regulations establishing a unified personnel
system for all employees of the agency primarily responsible
for administering part I of the Foreign Assistance Act of 1961.
In preparing such regulations, the President shall keep the
appropriate committees of the Congress fully and currently
informed, and shall consult with them on a regular basis,
concerning the nature of the unified personnel system to be
established.
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\10\ 22 U.S.C. 2385a.
\11\ Sec. 503 of the International Development Cooperation Act of
1979 (Public Law 96-53; 93 Stat. 378) struck out ``March 15, 1979'' and
inserted in lieu thereof ``May 1, 1979''.
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(b) The regulations submitted to the Congress pursuant to
subsection (a)--
(1) may not become effective until after the end of
the 90-day period beginning on the date of such
submission in order to provide the appropriate
committees of the Congress an opportunity to review
them; and
(2) shall not become effective then if, during such
90-day period, either House of Congress adopts a
resolution stating in substance that it disapproves the
personnel system proposed to be established by the
regulations.
(c) Regulations which take effect pursuant to this section
shall have the force and effect of law and shall apply with
respect to the personnel of the agency primarily responsible
for administering part I of the Foreign Assistance Act of 1961,
notwithstanding any inconsistent provision of law unless that
provision of law specifically states that it supersedes
regulations issued under this section.
* * * * * * *
TITLE VI--MISCELLANEOUS PROVISIONS
reduction of authorization
Sec. 601.\12\ The total funds authorized to be appropriated
in this Act (excluding funds authorized to be appropriated to
carry out section 214 of the Foreign Assistance Act of 1961)
shall be reduced by 5 percent.
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\12\ 22 U.S.C. 2151 note.
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prohibition on assistance to vietnam, cambodia, and cuba \13\
Sec. 602.\12\ Notwithstanding any other provision of law or
of this Act, funds authorized to be appropriated in this Act
shall not be used for any form of aid, either by monetary
payment or by the sale or transfer of any goods of any nature,
to the Socialist Republic of Vietnam, Cambodia, or Cuba.
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\13\ Sec. 602 by Public Law 96-67 (93 Stat. 415) struck out
``Uganda'' from the section heading and from the list of countries in
the section.
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Sec. 603.\14\ (a)(1) \15\ Reports to Congress on Debt
Relief Agreements * * * [Repealed--1981]
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\14\ 22 U.S.C. 2395a. See also sec. 501 of Miscellaneous
Appropriations (H.R. 3425 enacted by reference in sec. 1000(a)(5) of
Public Law 106-113; 113 Stat. 1535), which stated actions to provide
international debt relief.
\15\ Sec. 734(a)(5) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out
para. (1), which had required that the Secretary of State keep several
congressional committees informed of negotiations with foreign
governments with respect to any cancellation, renegotiations,
rescheduling, compromise, or other form of debt relief for any debt
owed to the United States.
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(2) The Secretary of State shall transmit to such
committees a copy of the text of any agreement with any foreign
government which would result in any such debt relief no less
than thirty days prior to its entry into force, together with a
detailed justification of the interest of the United States in
the proposed debt relief. The requirements of this paragraph
shall not apply with respect to an agreement if a statutory
requirement exists that the amount of the debt relief provided
by the agreement may not exceed the amount approved for such
purposes in advance in an appropriation Act.
(b) Section 4 of the Foreign Disaster Assistance Act of
1974 is repealed.
miscellaneous repeals
Sec. 604. Sections 302(d), 302(e), 302(f), 302(g), 302(h),
304, 494A, 495A, 618, 619, 637(a), 649, 651, 655, 656, 658, and
665, and chapters 6 and 7 of part I, of the Foreign Assistance
Act of 1961 are repealed.
effective date
Sec. 605. The amendments made by this Act shall take effect
on October 1, 1978.
(9) International Security Assistance Act of 1978
Partial text of Public Law 95-384 [S. 3075], 92 Stat. 730, approved
September 26, 1978; as amended by Public Law 97-113 [International
Security and Development Cooperation Act of 1981, S. 1196], 95 Stat.
1519 at 1560, approved December 29, 1981; and Public Law 103-199
[FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 17, 1993
Note.--Except for the provisions noted below, the
International Security Assistance Act of 1978 consists
of amendments to the Arms Export Control Act, the
Foreign Assistance Act of 1961, the Foreign Assistance
Act of 1974, the International Security Assistance Act
of 1977, the International Security Assistance and Arms
Export Control Act of 1976, the Mutual Security Act of
1954, the Foreign Military Sales Act Amendments, 1971,
the Export Administration Act of 1969, and the
Emergency Security Assistance Act of 1973.
AN ACT To amend the Foreign Assistance Act of 1961 and the Arms Export
Control Act to authorize international security assistance programs for
fiscal year 1979, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
short title
Section 1. This Act may be cited as the ``International
Security Assistance Act of 1978''.
* * * * * * *
united states policy regarding the eastern mediterranean
Sec. 13.\1\ (a) Section 620(x) of the Foreign Assistance
Act of 1961 shall be of no further force and effect upon the
President's determination and certification to the Congress \2\
that the resumption of full military cooperation with Turkey is
in the national interest of the United States and in the
interest of the North Atlantic Treaty Organization and that the
Government of Turkey is acting in good faith to achieve a just
and peaceful settlement of the Cyprus problem, the early
peaceable return of refugees to their homes and properties, and
continued removal of Turkish military troops from Cyprus in the
context of a solution to the Cyprus problem, and the early
serious resumption of inter-communal talks aimed at a just,
negotiated settlement.
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\1\ 22 U.S.C. 2370 note.
\2\ The Executive branch submitted a determination and
certification on September 26, 1978.
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* * * * * * *
arms transfer policy
Sec. 15. (a) * * *
(b) \3\ * * * [Repealed--1981]
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\3\ Sec. 734(a)(12) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out
subsec. (b), which had required a report from the President concerning
multilateral discussions with other arms suppliers on the issue of
restraining the flow of conventional arms to developing countries. The
President submitted this report to Congress on December 28, 1979.
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* * * * * * *
special security assistance program for the modernization of the armed
forces of the republic of korea
Sec. 23.\4\ (a)(1) The President is authorized until
December 31, 1982--
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\4\ 22 U.S.C. 2428b.
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(A) to transfer, without reimbursement, to the
Republic of Korea, only in conjunction with the
withdrawal of the 2d Infantry Division and support
forces from Korea, such United States Government-owned
defense articles as he may determine which are located
in Korea in the custody of units of the United States
Army scheduled to depart from Korea; and
(B) to furnish to the Republic of Korea, without
reimbursement, defense services (including technical
and operational training) in Korea directly related to
the United States Government-owned defense articles
transferred to the Republic of Korea under this
subsection.
(2) Any transfer under the authority of this section shall
be made in accordance with all the terms and conditions of the
Foreign Assistance Act of 1961 applicable to the furnishing of
defense articles and defense services under chapter 2 of part
II of that Act, except that no funds heretofore or hereafter
appropriated under that Act shall be available to reimburse any
agency of the United States Government for any such transfer or
related services.
(b) In order that transfers of defense articles under
subsection (a) will not cause significant adverse impact on the
readiness of the Armed Forces of the United States, the
President is authorized, in lieu of such transfers, to transfer
additional defense articles from the stocks of the Department
of Defense, wherever located, to the Republic of Korea to
compensate for the military capability of defense articles
withdrawn from Korea in any case where he determines that--
(1) the transfer of specific defense articles located
in Korea would have a significant adverse impact on the
readiness of the United States Armed Forces;
(2) the defense capability provided by those defense
articles is needed by the Armed Forces of the Republic
of Korea in order to maintain the military balance on
the Korean peninsula; and
(3) a comparable defense capability could be provided
by less advance defense articles in the stocks of the
Department of Defense which could be transferred
without significant adverse impact on the readiness of
the United States Armed Forces.
The President shall report to the Congress each determination
made under this subsection prior to the transfer of the defense
articles described in such determination.
(c) The President shall transmit to the Congress, together
with the presentation materials for security assistance
programs proposed for each fiscal year through and including
the fiscal year 1983, a report describing the types,
quantities, and value of defense articles furnished or intended
to be furnished to the Republic of Korea under this section.
(d) \5\ * * * [Repealed--1981]
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\5\ Sec. 734(a)(12) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out
subsec. (d), which had required a report from the President 120 days
prior to each phase of troop withdrawal from Korea regarding the
viability of such withdrawal.
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(e)(1) It is the sense of the Congress that further
withdrawal of ground forces of the United States from the
Republic of Korea may seriously risk upsetting the military
balance in that region and requires full advance consultation
with the Congress.
(2) \6\ * * * [Repealed--1981]
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\6\ Sec. 734(a)(12) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out
para. (2), which had required a report from the President prior to any
future withdrawals of U.S. ground forces from Korea concerning a number
of issues which might be affected by the withdrawal.
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Sec. 24.\7\ United States Relations With the Soviet Union *
* * [Repealed--1993]
---------------------------------------------------------------------------
\7\ Formerly at 22 U.S.C. 2151 note. Sec. 706 of the FRIENDSHIP Act
(Public Law 103-199; 107 Stat. 2317) repealed sec. 24.
Sec. 734(a)(12) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
subsec. (c) of this section, which had required a report from the
President concerning his review of U.S. policy toward the Soviet Union.
The President submitted a report on January 4, 1979.
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Sec. 25.\8\ Report on Review of Arms Sales Controls on Non-
Lethal Items * * * [Repealed--1981]
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\8\ Sec. 734(a)(12) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 25, which had required a report from the President on a review of
arms sales control on non-lethal items. The President submitted this
report to Congress on January 26, 1979.
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united states-republic of china mutual defense treaty
Sec. 26.\7\ (a) The Congress finds that--
(1) the continued security and stability of East Asia
is a matter of major strategic interest to the United
States;
(2) the United States and the Republic of China have
for a period of twenty-four years been linked together
by the Mutual Defense Treaty of 1954;
(3) the Republic of China has during that twenty-
four-year period faithfully and continually carried out
its duties and obligations under that treaty; and
(4) it is the responsibility of the Senate to give
its advice and consent to treaties entered into by the
United States.
(b) It is the sense of the Congress that there should be
prior consultation between the Congress and the executive
branch on any proposed policy changes affecting the
continuation in force of the Mutual Defense Treaty of 1954.\9\
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\9\ Pursuant to article X of the treaty, the State Department on
December 23, 1978, delivered notice, effective January 1, 1979, that
the United States was terminating the treaty. Under article X, the
treaty remained in force until January 1, 1980.
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Sec. 27.\10\ Rhodesia Embargo * * * [Repealed--1981]
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\10\ Sec. 734(a)(12) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 27. It formerly read as follows:
``Sec. 27. In furtherance of the foreign policy interests of the
United States, the Government of the United States shall not enforce
sanctions against Rhodesia after December 31, 1978, provided that the
President determines that--
``(1) the Government of Rhodesia has demonstrated its willingness
to negotiate in good faith at an all-parties conference, held under
international auspices, on all relevant issues; and
``(2) a government has been installed, chosen by free elections in
which all political and population groups have been allowed to
participate freely, with observation by impartial, internationally-
recognized observers.''.
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negotiations between israel and egypt
Sec. 28.\11\ (a) The Congress finds that--
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\11\ 22 U.S.C. 2346a note.
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(1) a lasting settlement of the Arab-Israel conflict
is vital to United States national interests as well as
to the interests of the countries of the region;
(2) support for a strong and secure Israel and the
maintenance for this purpose of Israel's effective
defense capabilities as essential to peace remains a
fundamental tenet of United States foreign policy;
(3) direct, face-to-face negotiations between Israel
and Egypt without preconditions is a historic opening
for peace, and the support of such negotiations by
other moderate Arab countries, can best promote a peace
settlement based on mutual concessions and
accommodations;
(4) the establishment of secure, recognized, and
defensible borders between Israel and its neighbors
will discourage hostilities; and
(5) full, normalized relations between Israel and its
Arab neighbors, including trade, travel, tourism,
communications, and diplomatic relations are vital for
peace.
(b) It is the sense of the Congress that the Government of
the United States should continue to promote direct
negotiations between Israel and Egypt and to encourage other
Arab countries to enter into negotiations leading to peace
treaties with Israel.
(c) It is further the sense of the Congress that the United
States should be responsive to Israel's economic needs and
defense requirements, including the provision of additional
advanced aircraft, in order to maintain Israel's defense
capability which is essential to peace.
* * * * * * *
savings provision
Sec. 30.\12\ Enactment of this Act shall not affect the
authorizations of appropriations and limitations of authority
applicable to the fiscal year 1978 which are contained in
provisions of law amended by this Act (other than sections 31
(a), (b), and (d) of the Arms Export Control Act).
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\12\ 22 U.S.C. 1754 note.
(10) International Security Assistance Act of 1977
Partial text of Public Law 95-92 [H.R. 6684], 91 Stat. 614, approved
August 4, 1977; as amended by Public Law 95-384 [International Security
Assistance Act of 1978, S. 3075], 92 Stat. 730 at 747, approved
September 26, 1978; and Public Law 97-113 [International Security and
Development Cooperation Act of 1981, S. 1196], 95 Stat. 1519 at 1560,
approved December 29, 1981
Note.--Except for the provisions noted below, the
International Security Assistance Act of 1977 consists
of amendments to the Arms Export Control Act and the
Foreign Assistance Act of 1961.
AN ACT To amend the Foreign Assistance Act of 1961 to authorize
international security assistance programs for fiscal year 1978, to
amend the Arms Export Control Act to make certain changes in the
authorities of that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
short title
Section 1.\1\ This Act may be cited as the ``International
Security Assistance Act of 1977''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2151 note.
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* * * * * * *
security supporting assistance program for egypt
Sec. 9.\2\ It is the sense of the Congress that the
security supporting assistance program for Egypt plays an
important role in the Middle East peace effort and that the
Executive branch should concentrate its efforts in order to
make the program a success.
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\2\ 22 U.S.C. 2346 note. Sec. 29(c)(2) of the International
Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 747)
struck out subsecs. (b) through (e) of sec. 9. These subsections
concerned the creation and activities of a Special Interagency Task
Force to review the U.S. security supporting assistance program for
Egypt.
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* * * * * * *
Sec. 14.\3\ Prohibition on Assistance for Nuclear
Powerplants * * * [Repealed--1981]
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\3\ Sec. 734(a)(13) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 14, which had prohibited the use of funds made available under the
Foreign Assistance Act of 1961 during fiscal year 1978 to finance the
construction of, the operation or maintenance of, or the supply of fuel
for, any nuclear powerplant under an agreement for cooperation between
the United States and any other country.
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* * * * * * *
fiscal year 1977 authorizations and limitations
Sec. 21.\4\ Authorizations of appropriations and
limitations of authority applicable to the fiscal year 1977
contained in provisions of law amended by this Act shall not be
affected by enactment of this Act.
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\4\ 22 U.S.C. 2151 note.
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Sec. 22.\5\ Assistance and Sales to Greece and Turkey * * *
[Repealed--1981]
---------------------------------------------------------------------------
\5\ Sec. 734(a)(13) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 22, which set out certain conditions for assistance and sales to
Greece and Turkey during fiscal year 1978.
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Sec. 23.\6\ Arms Sales and United States Defense Readiness
* * * [Repealed--1978]
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\6\ Sec. 29(c)(2) of the International Security Assistance Act of
1978 (Public Law 95-384; 92 Stat. 747) repealed sec. 23, which had
required a report to Congress on the impact of U.S. foreign arms sales
and transfers on U.S. defense readiness and national security.
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study of technology transfers
Sec. 24.\7\ (a) The President shall conduct a comprehensive
study of the policies and practices of the United States
Government with respect to the national security and military
implications of international transfers of technology in order
to determine whether such policies and practices should be
changed. Such study shall examine--
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\7\ 22 U.S.C. 2751 note.
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(1) the nature of technology transfer;
(2) the effect of technology transfers on United
States technological superiority;
(3) the rationale for transfers of technology from
the United States to foreign countries;
(4) the benefits and risks of such transfers;
(5) trends in technology transfers by the United
States and other countries;
(6) the need for controls on transfers of technology,
including controls on the use of transferred
technology, the effectiveness of existing end-use
controls, and possible unilateral sanctions if end-use
restrictions are violated;
(7) the effectiveness of existing organizational
arrangements in the Executive branch in regulating
technology transfers from the United States;
(8) the adequacy of existing legislation and
regulations with respect to transfers of technology
from the United States; and
(9) the possibilities for international agreements
with respect to transfers of technology.
(b) In conducting the study required by subsection (a), the
President shall utilize the resources and expertise of the Arms
Control and Disarmament Agency, the Department of State, the
Department of Defense, the Department of Commerce, the National
Science Foundation, the Office of Science and Technology
Policy, and such other entities within the Executive branch as
he deems necessary.
(c) \8\ * * * [Repealed--1981]
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\8\ Sec. 734(a)(13) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out
subsec. (c), which had required a report from the President regarding
the findings made and conclusions reached as a result of the study
conducted pursuant to subsec. (a). The President submitted this report
to Congress on August 21, 1978.
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Sec. 25.\9\ Policy on Zaire * * * [Repealed--1981]
---------------------------------------------------------------------------
\9\ Sec. 734(a)(13) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 25, which had prohibited U.S. aid for Zaire during fiscal year
1978 supporting any military or paramilitary operations in Zaire
(unless the President determined that such assistance would be in the
U.S. national security interests).
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policy statement on united states arms sales to israel
Sec. 26.\7\ In accordance with the historic special
relationship between the United States and Israel and previous
agreements and continuing understandings, the Congress joins
with the President in reaffirming that a policy of restraint in
United States arms transfers, including arms sales ceilings,
shall not impair Israel's deterrent strength or undermine the
military balance in the Middle East.
review of arms sales controls on non-lethal items
Sec. 27.\7\ The President shall undertake a review of all
regulations relating to arms control for the purpose of
defining and categorizing lethal and non-lethal products and
establishing the appropriate level of control for each
category.
republic of korea
Sec. 28. (a)(1) It is the sense of the Congress that the
President should take all effective measures to assure that the
Republic of Korea is cooperating fully with the investigation
(including any resulting prosecutions) being conducted by the
Department of Justice with respect to allegations of improper
activity in the United States by agents of the Republic of
Korea.
(2) \10\ * * * [Repealed--1981]
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\10\ Sec. 734(a)(13) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out
para. (2), which required a report every 90 days from the President
regarding the extent to which Korea was cooperating with the
investigation being conducted by the Department of Justice.
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(b) It is the further sense of the Congress that the
President should take all effective measures to assure that the
Republic of Korea is cooperating fully with the investigations
being conducted by committees of Congress.
piaster conversion
Sec. 29.\11\ No provision of law shall be construed to
prevent payment of claims of former and present Vietnamese
employees of the Agency for International Development, who
presently reside in the United States, for the conversion of
Vietnamese piasters to dollars because such conversion cannot
take place in the territory of the former Republic of Vietnam
or because the official with whom such piasters were deposited
was not a United States disbursing officer.
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\11\ 22 U.S.C. 2431 note.
(11) International Development and Food Assistance Act of 1977
Partial text of Public Law 95-88 [H.R. 6714], 91 Stat. 533, approved
August 3, 1977; as amended by Public Law 96-53 [International
Development Cooperation Act of 1979, H.R. 3324], 93 Stat. 359 at 366,
approved August 14, 1979; Public Law 96-465 [Foreign Service Act of
1980, H.R. 6790], 94 Stat. 2071 at 2160, approved October 17, 1980; and
Public Law 97-113 [International Security and Development Cooperation
Act of 1981, S. 1196], 95 Stat. 1519 at 1560, approved December 29,
1981
Note.--Except for the provisions noted below, the
International Development and Food Assistance Act of
1977 consists of amendments to the Foreign Assistance
Act of 1961 and the Agricultural Trade Development and
Assistance Act of 1954 (P.L. 480, now Food for Peace
Act).
AN ACT To amend the Foreign Assistance Act of 1961 to authorize
development assistance programs for fiscal year 1978, to amend the
Agricultural Trade Development and Assistance Act of 1954 \1\ to make
certain changes in the authorities of that Act, and for other purposes.
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\1\ Sec. 3001(c) of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 1821) provided that ``Any reference in
any Federal, State, tribal, or local law (including regulations) to the
`Agricultural Trade Development and Assistance Act of 1954' shall be
considered to be a reference to the `Food for Peace Act'.''.
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Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
short title
Section 1. This Act may be cited as the ``International
Development and Food Assistance Act of 1977.''
TITLE I--INTERNATIONAL DEVELOPMENT ASSISTANCE
* * * * * * *
inspector general, foreign assistance
Sec. 124. (a)(1) * * *
(2) \2\ * * * [Repealed--1981]
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\2\ Sec. 2205(11) of the Foreign Service Act of 1980 (Public Law
96-465; 94 Stat. 2162) struck out para. (2), which concerned the duties
and responsibilities of the Inspector General, Foreign Service.
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(b) Section 5315 of title 5, United States Code, is amended
by repealing paragraphs (52) and (53).
(c) The amendments made by this section shall take effect
on July 1, 1978.
* * * * * * *
future united states development assistance
Sec. 131.\3\ It is the sense of the Congress that the
United States should increase substantially its assistance for
self-help development among the world's poorest people. Such
assistance should be provided in accordance with the general
policies and principles of chapter 1 of part I of the Foreign
Assistance Act of 1961, with particular emphasis on encouraging
and supporting more equitable patterns of economic growth,
especially in the poorest countries, and should be coordinated
with similar expanded efforts by international organizations,
donor nations, and the recipient countries themselves.
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\3\ 22 U.S.C. 2151 note.
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limitation on use of funds; missing in action in vietnam
Sec. 132. (a) \4\ * * * [Repealed--1981]
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\4\ Sec. 734(a)(6) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out
subsec. (a), which had prohibited assistance to or reparations for
Cambodia, Vietnam, Laos, or Cuba for fiscal year 1978.
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(b) The President shall continue to take all possible steps
to obtain a final accounting of all Americans missing in action
in Vietnam.
plan for increased minority business participation in foreign
assistance activities
Sec. 133.\3\ (a) The Administrator of the agency primarily
responsible for administering part I of the Foreign Assistance
Act of 1961 shall prepare and transmit to the Congress, not
later than 30 days after the date of enactment of this Act, a
detailed plan for the establishment of a section on minority
business within such agency.
(b) Such plan shall include, but shall not be limited to--
(1) a description of where the section on minority
business will be located in such agency's
organizational structure and what relevant lines of
authority will be established;
(2) a listing of the specific responsibilities that
will be assigned to the section on minority business to
enable it to increase, in a rational and effective
manner, participation of minority business enterprises
in activities funded by such agency;
(3) a design for a time-phase system for bringing
about expanded minority business enterprise
participation, including specific recommendations for
percentage allocations of contracts by such agency to
minority business enterprises;
(4) a proposed reporting system that will permit
objective measuring of the degree of participation of
minority business enterprises in comparison to the
total activities funded by such agency;
(5) a detailed projection of the administrative
budgetary impact of the establishment of the section on
minority business; and
(6) a detailed set of objective criteria upon which
determinations will be made as to the qualifications of
minority business enterprises to receive contracts
funded by such agency.
(c) \5\ (1) Upon the enactment of the International
Development Cooperation Act of 1979, the section on minority
business established pursuant to subsection (a) shall be
redesignated as the Minority Resource Center (hereafter in this
section referred to as the ``Center'') which shall be
responsible for increasing the participation of economically
and socially disadvantaged business enterprises in contract,
procurement, grant, and research and development activities
funded by the agency primarily responsible for administering
part I of the Foreign Assistance Act of 1961 (hereafter in this
section referred to as the ``agency'').
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\5\ Sec. 123 of the International Development Cooperation Act of
1979 (Public Law 96-53; 93 Stat. 366) added subsec. (c), effective
August 16, 1979.
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(2) The Center shall--
(A) establish, maintain, and disseminate information
to, and otherwise serve as an information clearinghouse
for, economically and socially disadvantaged business
enterprises regarding business opportunities in
development assistance programs funded by the agency;
(B) design and conduct programs to encourage,
promote, and assist economically and socially
disadvantaged business enterprises to secure direct
contracts, host country contracts, operation expatriate
contracts, indefinite quantity contracts, subcontracts,
projects, grants, and research and development
contracts in order for such enterprises to participate
in such development assistance programs;
(C) conduct market research, planning, economic and
business analyses, and feasibility studies to identify
business opportunities in such development assistance
programs;
(D) develop support mechanisms which will enable
socially and economically disadvantaged businesses to
take advantage of business opportunities in such
development assistance programs; and
(E) enter into such contracts (to such extent or in
such amounts as are provided in appropriation Acts),
cooperative agreements, or other transactions as may be
necessary in the conduct of its functions under this
section.
(3) The Administrator of the agency and the Secretary of
State shall provide the Center with such relevant information,
including procurement schedules, bids, and specifications with
respect to development assistance programs funded by the
agency, as may be requested by the Center in connection with
the performance of its functions under this section.
(4) There shall be a Director of the Center who shall be
the chief executive officer of the Center. The Director shall
be appointed by the Administrator of the agency.
(5)(A) For the purposes of this section, the term
``economically and socially disadvantaged enterprise'' means a
business--
(i) which is at least 51 percent owned by one or more
socially and economically disadvantaged individuals or,
in the case of a publicly owned business, at least 51
percent of the stock of which is owned by one or more
socially and economically disadvantaged individuals;
and
(ii) whose management and daily business operations
are controlled by one or more such individuals.
(B) Socially disadvantaged individuals are those who have
been subjected to racial or ethnic prejudice or cultural bias
because of their identity as a member of a group without regard
to their individual qualities.
(C) Economically disadvantaged individuals are those
socially disadvantaged individuals whose ability to compete in
the free enterprise system has been impaired due to diminished
capital and credit opportunities as compared to others in the
same business area who are not socially disadvantaged. In
determining the degree of diminished credit and capital
opportunities, the Administrator of the agency shall consider,
but not be limited to, the assets and net worth of the socially
disadvantaged individual.
(6) \6\ * * * [Repealed--1981]
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\6\ Sec. 734(a)(6) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out
para. (6), which had required an annual report concerning the
activities of the Minority Resource Center. This same information is
now required by sec. 634(a)(11) of the Foreign Assistance Act of 1961.
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(7) Of the funds available to the agency for operating
expenses, up to $950,000 for fiscal year 1980 may be allocated
to the Center to carry out its functions under this section.
(8) If the Administrator of the agency determines that such
a consolidation would significantly further the purposes of
this section and would eliminate unnecessary duplication of
activity, the Administrator may consolidate the Center with the
Office of Small and Disadvantaged Business Utilization
established in the agency by section 15(k) of the Small
Business Act. Any such consolidation shall ensure that all the
functions specified in paragraph (2) of this subsection
continue to be carried out. Before implementing any such
consolidation, the Administrator shall submit to the Congress a
detailed report setting forth the reasons for the proposed
consolidation.
TITLE II--FOOD FOR PEACE
* * * * * * *
Sec. 214.\7\ Study of Payments of Ocean Freight
Differentials * * * [Repealed--1981]
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\7\ Sec. 734(a)(6) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 214, which had required a report from the President on the
payments of ocean freight differentials.
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effective date
Sec. 215. The provisions of this title shall become
effective October 1, 1977.
(12) International Security Assistance and Arms Export Control Act of
1976
Partial text of Public Law 94-329 [H.R. 13680], 90 Stat. 729, approved
June 30, 1976; as amended by Public Law 95-384 [International Security
Assistance Act of 1978; S. 3075], 92 Stat. 730 at 735, 737, and 747,
approved September 26, 1978; Public Law 96-533 [International Security
and Development Cooperation Act of 1980; H.R. 6942], 94 Stat. 3131 at
3141, approved December 16, 1980; Public Law 97-113 [International
Security and Development Cooperation Act of 1981; S. 1196], 95 Stat.
1519 at 1554 and 1560, approved December 29, 1981; and Public Law 103-
199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 17,
1993
Note.--Except for the provisions noted below, the
International Security Assistance and Arms Export
Control Act of 1976 consists of amendments to the
Foreign Assistance Act of 1961, Foreign Assistance Act
of 1973, the Foreign Military Sales Act, the Foreign
Military Sales Act Amendments, 1971, and the Mutual
Security Act of 1954.
AN ACT To amend the Foreign Assistance Act of 1961 and the Foreign
Military Sales Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``International Security Assistance and
Arms Export Control Act of 1976''.
* * * * * * *
international military education and training
Sec. 106. (a) * * *
(b) * * *
(c) \1\ Except as may be expressly provided to the contrary
in this Act, all determinations, authorizations, regulations,
orders, contracts, agreements, and other actions issued,
undertaken, or entered into under authority of any provision of
law amended or repealed by this section shall continue in full
force and effect until modified, revoked, or superseded by
appropriate authority.
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\1\ 22 U.S.C. 2321a note.
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(d) \2\ Funds made available pursuant to other provisions
of law for foreign military educational and training activities
shall remain available for obligation and expenditure for their
original purposes in accordance with the provisions of law
originally applicable to those purposes or in accordance with
the provisions of law currently applicable to those purposes.
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\2\ 22 U.S.C. 2347 note.
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* * * * * * *
arms sales policy
Sec. 201. (a) * * *
(b) Any reference to the Foreign Military Sales Act shall
be deemed to be a reference to the Arms Export Control Act.
Sec. 202. (a) * * *
(b) \3\ * * * [Repealed--1978]
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\3\ Sec. 29(c)(1)(A) of the International Security Assistance Act
of 1978 (Public Law 95-384; 92 Stat. 747) struck out subsec. (b), which
had required a study by the President regarding U.S. arms sales
policies and practices.
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* * * * * * *
control of licenses with respect to arms exports and imports
Sec. 212. (a) * * *
(b)(1) Section 414 of the Mutual Security Act of 1954 is
repealed. Any reference to such section shall be deemed to be a
reference to section 38 of the Arms Export Control Act and any
reference to licenses issued under section 38 of the Arms
Export Control Act shall be deemed to include a reference to
licenses issued under section 414 of the Mutual Security Act of
1954.
(2) All determinations, authorizations, regulations,
orders, contracts, agreements, and other actions issued,
undertaken, or entered into under section 414 of the Mutual
Security Act of 1954 shall continue in full force and effect
until modified, revoked, or superseded by appropriate
authority.
* * * * * * *
Sec. 217.\4\ Report on Sales of Excess Defense Articles * *
* [Repealed--1978]
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\4\ Sec. 29(c)(1) of the International Security Assistance Act of
1978 (Public Law 95-384; 92 Stat. 747) repealed secs. 217 and 218.
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Sec. 218.\4\ Study of the Effects of Arms Export Control
Provisions * * * [Repealed--1978]
* * * * * * *
Sec. 404.\5\ Limitation on Certain Assistance to and
Activities in Angola * * * [Repealed--1980]
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\5\ Sec. 118(e) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3141) repealed
sec. 404.
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Sec. 405.\6\ Soviet Intervention in Angola * * *
[Repealed--1993]
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\6\ Sec. 703 of the FRIENDSHIP Act (Public Law 103-199; 107 Stat.
2317) repealed sec. 405.
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Sec. 406.\7\ Limitations on Economic Assistance, Military
Assistance, Sales, and Sales Credits for Chile * * *
[Repealed--1981]
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\7\ Sec. 726(a) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1554) repealed
sec. 406, which had prohibited military assistance, sales, the issuance
of export licenses under the Arms Export Control Act, Economic Support
Fund aid, and peacekeeping programs for Chile and had placed conditions
and limitations on economic assistance for Chile during the transition
quarter and fiscal year 1977. While sec. 726 lifted this prohibition,
it also imposed certain conditions and restrictions on future U.S. aid
to Chile.
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control of military forces in the indian ocean
Sec. 407.\8\ It is the sense of Congress that the President
should undertake to enter into negotiations with the Soviet
Union intended to achieve an agreement limiting the deployment
of naval, air, and land forces of the Soviet Union and the
United States in the Indian Ocean and littoral countries. Such
negotiations should be convened as soon as possible and should
consider, among other things, limitations with respect to--
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\8\ 22 U.S.C. 2151 note. Sec. 29(c)(1)(D) of the International
Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 747)
struck out subsec. designation ``(a), and struck out subsec. (b), which
had required a report from the President concerning the steps he had
taken to carry out the provisions of sec. 407.
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(1) the establishment or use of facilities for naval,
air, or land forces in the Indian Ocean and littoral
countries;
(2) the number of naval vessels which may be deployed
in the Indian Ocean, or the number of ``shipdays''
allowed therein; and
(3) the type and number of military forces and
facilities allowed therein.
united states citizens imprisoned in mexico
Sec. 408.\9\ (a) The Congress, while sharing the concern of
the President over the urgent need for international
cooperation to restrict traffic in dangerous drugs, is
convinced that such efforts must be consistent with respect for
fundamental human rights. The Congress, therefore, calls upon
the President to take steps to insure that United States
efforts to secure stringent international law enforcement
measures are combined with efforts to secure fair and humane
treatment for citizens of all countries.
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\9\ 22 U.S.C. 2291 note.
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(b) \10\ The Congress requests that the President
communicate directly to the President and Government of the
Republic of Mexico, a nation with which we have friendly and
cooperative relations, the continuing desire of the United
States for such relations between our two countries and the
concern of the United States over treatment of United States
citizens arrested in Mexico.
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\10\ Sec. 29(b) of the International Security Assistance Act of
1978 (Public Law 95-384; 92 Stat. 747) struck out para. designation
``(1)'', and struck out para. (2), which had required periodic reports
from the Secretary of State concerning progress toward full respect for
human and legal rights of U.S. citizens detained in Mexico.
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emergency food needs of portugal
Sec. 409.\11\ It is the sense of the Congress that the
President should undertake immediately an evaluation of the
emergency food needs of Portugal. It is further the sense of
the Congress that the President should take timely action to
alleviate such emergency by providing Portugal with food
commodities under the provisions of pertinent statutes.
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\11\ 22 U.S.C. 2293 note.
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strife in lebanon
Sec. 410.\12\ It is the sense of the Congress that the
situation in Lebanon, a nation traditionally friendly to the
United States, poses a danger to peace in the Middle East. The
Congress deplores the armed civil strife and continuing erosion
of national institutions which threaten to destroy the
political and economic fabric of Lebanon with such tragic
impact on all its people. The Congress views with grave concern
any outside efforts to exploit the current strife with the
purpose of transforming Lebanon into a radical state in
confrontation with Israel. The Congress requests that the
President use his good offices to secure an end to the civil
strife and national discord in Lebanon and to preserve the
traditional friendly attitude of Lebanon toward the United
States.
---------------------------------------------------------------------------
\12\ 22 U.S.C. 2441 note.
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* * * * * * *
korea
Sec. 412.\13\ The Congress views with distress the erosion
of important civil liberties in the Republic of Korea and
requests that the President communicate this concern in
forceful terms to the Government of the Republic of Korea
within sixty days after enactment.
---------------------------------------------------------------------------
\13\ 22 U.S.C. 2428 note.
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repeal of indochina assistance
Sec. 413. (a) Part V of the Foreign Assistance Act of 1961
and sections 34, 35, 36, 37, 38, 39, and 40 of the Foreign
Assistance Act of 1974 are repealed. All determinations,
authorizations, regulations, orders, contracts, agreements, and
other actions issued, undertaken, or entered into under
authority of any provision of law repealed by this section
shall continue in full force and effect until modified,
revoked, or superseded by appropriate authority.
(b) Subject to the availability of appropriations
therefore, the President is authorized to adopt as a contract
of the United States Government, and assume any liabilities
arising thereunder (in whole or in part), any contract which
had been funded or approved for funding by the Agency for
International Development prior to June 30, 1975, for financing
with funds made available under the Foreign Assistance Act of
1961 or the Foreign Assistance Act of 1974, or any equitable
claim based upon a letter of intent issued prior to April 30,
1975, in which the Agency had expressed its intention to
finance a transaction subject to the availability of funds,
between the former Governments of Vietnam or Cambodia
(including any of their agencies) or the Government of Laos (or
any of its agencies) and any person and to apply with respect
to any such contract the authorities of the Foreign Assistance
Act of 1961.
(c) Funds made available for the purposes of part V of the
Foreign Assistance Act of 1961 and of section 36 of the Foreign
Assistance Act of 1974 (including amounts certified pursuant to
section 1311 of the Supplemental Appropriation Act, 1955 (31
U.S.C. 200), as having been obligated against appropriations
heretofore made) are authorized to be appropriated, and
thereafter, to remain available until expended, to meet
necessary expenses arising from the actions authorized by
subsection (b) of this section and such funds are authorized to
remain available until expended to meet necessary expenses
arising from the termination of assistance programs authorized
by such part and such section 36, which expenses may include
but need not be limited to the settlement of claims and
associated personnel costs
* * * * * * *
interim quarter authorizations
Sec. 506.\14\ (a) Any authorization of appropriations in
this Act, or in any amendment to any other law made by this
Act, for the fiscal year 1976, shall be deemed to include an
additional authorization of appropriations for the period
beginning July 1, 1976, and ending September 30, 1976, in
amounts which equal one-fourth of any amount authorized for the
fiscal year 1976 and in accordance with the authorities
applicable to operations and activities authorized under this
Act or such other law, unless appropriations for the same
purpose are specifically authorized in a law hereinafter
enacted.
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\14\ 22 U.S.C. 2162 note.
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(b) The aggregate total of credits, including
participations in credits, extended pursuant to the Arms Export
Control Act and of the principal amount of loans guaranteed
pursuant to section 24(a) of such Act during the period
beginning July 1, 1976, and ending September 30, 1976, may not
exceed an amount equal to one-fourth of the amount authorized
by section 31(b) of such Act to be extended and guaranteed for
the fiscal year 1976.
Sec. 507.\15\ Base Agreements With Spain, Greece, and
Turkey * * * [Repealed--1981]
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\15\ Sec. 734(a)(14) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 507, which had authorized the appropriation of ``such sums as may
be necessary for the fiscal year 1977'' to carry out base agreements
with Spain, Greece, and Turkey.
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TITLE VI--MISCELLANEOUS PROVISIONS
expedited procedure in the senate
Sec. 601. (a)(1) The provisions of subsection (b) of this
section shall apply with respect to the consideration in the
Senate of any resolution required by law to be considered in
accordance with such provisions.
(2) Any such law shall--
(A) state whether the term ``resolution'' as used in
subsection (b) of this section, means, for the purposes
of such law--
(i) a joint resolution; or
(ii) a resolution of either House of
Congress;
(iii) a concurrent resolution; and
(B) specify the certification to which such
resolution shall apply.
(b)(1) For purposes of any such law, the continuity of a
session of Congress is broken only by an adjournment of the
Congress sine die, and the days on which either House is not in
session because of an adjournment of more than three days to a
day certain are excluded in the computation of the period
indicated.
(2) Paragraphs (3) and (4) of this subsection are enacted--
(A) as an exercise of the rulemaking power of the
Senate and as such they are deemed a part of the rules
of the Senate, but applicable only with respect to the
procedure to be followed in the Senate in the case of
resolutions described by subsection (a)(1) of this
section; and they supersede other rules of the Senate
only to the extent that they are inconsistent
therewith; and
(B) with full recognition of the constitutional right
of the Senate to change such rules at any time, in the
same manner and to the same extent as in the case of
any other rule of the Senate.
(3)(A) If the committee of the Senate to which has been
referred a resolution relating to a certification has not
reported such resolution at the end of ten calendar days after
its introduction, not counting any day which is excluded under
paragraph (1) of this subsection, it is in order to move either
to discharge the committee from further consideration of the
resolution or to discharge the committee from further
consideration of any other resolution introduced with respect
to the same certification which has been referred to the
committee, except that no motion to discharge shall be in order
after the committee has reported a resolution with respect to
the same certification.
(B) A motion to discharge under subparagraph (A) of this
paragraph may be made only by a Senator favoring the
resolution, is privileged, and debate thereon shall be limited
to not more than 1 hour, to be divided equally between those
favoring and those opposing the resolution, the time to be
divided equally between, and controlled by, the majority leader
and the minority leader or their designees. An amendment to the
motion is not in order, and it is not in order to move to
reconsider the vote by which the motion is agreed to or
disagreed to.
(4)(A) A motion in the Senate to proceed to the
consideration of a resolution shall be privileged. An amendment
to the motion shall not be in order, nor shall it be in order
to move to reconsider the vote by which the motion is agreed to
or disagreed to.
(B) Debate in the Senate on a resolution, and all debatable
motions and appeals in connection therewith, shall be limited
to not more than 10 hours, to be equally divided between, and
controlled by, the majority leader and the minority leader or
their designees.
(C) Debate in the Senate on any debatable motion or appeal
in connection with a resolution shall be limited to not more
than 1 hour, to be equally divided between, and controlled by,
the mover and the manager of the resolution, except that in the
event the manager of the resolution is in favor of any such
motion or appeal, the time in opposition thereto, shall be
controlled by the minority leader or his designee. Such
leaders, or either of them, may, from time under their control
on the passage of a resolution, allot additional time to any
Senator during the consideration of any debatable motion or
appeal.
(D) A motion in the Senate to further limit debate on a
resolution, debatable motion, or appeal is not debatable. No
amendment to, or motion to recommit, a resolution is in order
in the Senate.
procurements from small businesses
Sec. 602.\16\ In order to encourage procurements from small
business concerns under chapter 4 of the Foreign Assistance Act
of 1961, the Administrator of the Agency for International
Development shall report to the Congress every six months on
the extent to which small businesses have participated in
procurements under such chapter and on what efforts the Agency
has made to foster such procurements from small business
concerns. The Small Business Administration shall lend all
available assistance to the Agency for the purpose of carrying
out this section.\17\
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\16\ 22 U.S.C. 2352 note.
\17\ The responsibilities vested to the Administrator of AID under
this section were transferred to the Director of IDCA, pursuant to sec.
6 of Reorganization Plan No. 2 of 1979 (establishing IDCA). The
Reorganization Plan No. 2 or 1979, however, ceased to be in effect
pursuant to sec. 1422(a)(1) of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112 Stat.
2681).
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* * * * * * *
use of personnel
Sec. 605.\18\ (a) Nothing in this Act is intended to
authorize any additional military or civilian personnel for the
Department of Defense for the purposes of this Act, the Foreign
Assistance Act of 1961, or the Arms Export Control Act.
Personnel levels authorized in statutes authorizing
appropriations for military and civilian personnel of the
Department of Defense shall be controlling over all military
and civilian personnel of the Department of Defense assigned to
carry out functions under the Arms Export Control Act and the
Foreign Assistance Act of 1961.
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\18\ 22 U.S.C. 2751 note.
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* * * * * * *
extortion and illegal payments
Sec. 607.\19\ Within 60 days after receiving information
which substantiates that officials of a foreign country
receiving international security assistance have (1) received
illegal or otherwise improper payments from a United States
corporation in return for a contract to purchase defense
articles or services from such corporation, or (2) extorted, or
attempted to extort, money or other things of value in return
for actions by officials of that country that permit a United
States citizen or corporation to conduct business in that
country, the President shall submit to Congress a report
outlining the circumstances of such payment or extortion. The
report shall contain a recommendation from the President as to
whether the United States should continue a security assistance
program for that country.
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\19\ 22 U.S.C. 2394a.
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extension of airport at pinecreek, minnesota
Sec. 608. The consent of Congress is hereby granted for the
State of Minnesota or a subdivision or instrumentality thereof
to enter into an agreement with the Government of Canada, a
Canadian Province, or a subdivision or instrumentality of
either, providing for the extension of the Pinecreek Airport at
Pinecreek, Minnesota, into the Province of Manitoba, Canada,
and the operation of the airport by a joint Canadian-American
airport authority. The effectiveness of such agreement shall be
conditioned on its approval by the Secretary of State.
(13) International Development and Food Assistance Act of 1975
Partial text of Public Law 94-161 [H.R. 9005], 89 Stat. 849, approved
December 20, 1975; as amended by Public Law 97-113 [International
Security and Development Cooperation Act of 1981; S. 1196], 95 Stat.
1519 at 1560, approved December 29, 1981
Note.--Except for the provisions noted below, the
International Development and Food Assistance Act of
1975 consists of amendments to the Foreign Assistance
Act of 1961, the Foreign Assistance Act of 1974, and
the Agricultural Trade Development and Assistance Act
of 1954 (Public Law 480, now Food for Peace Act).
AN ACT To authorize assistance for disaster relief and rehabilitation,
to provide for overseas distribution and production of agricultural
commodities, to amend the Foreign Assistance Act of 1961, and other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``International Development and Food
Assistance Act of 1975''.
* * * * * * *
Sec. 213.\1\ Report Regarding Implementation of
Recommendations of World Food Conference * * * [Repealed--1981]
---------------------------------------------------------------------------
\1\ Sec. 734(a)(7) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 213, which had required a report from the President on steps he
had taken to carry out the recommendations of the World Food
Conference. The President submitted this report to Congress on November
1, 1976.
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* * * * * * *
limitation on assistance to chile
Sec. 320. Notwithstanding any other provision of law, the
total amount of economic assistance (including but not limited
to housing guaranties and sales under title I of the
Agricultural Trade Development and Assistance Act of 1954) \2\
that may be made available to Chile may not exceed $90,000,000
during the fiscal year 1976.
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\2\ Sec. 3001(c) of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 1821) provided that ``Any reference in
any Federal, State, tribal, or local law (including regulations) to the
`Agricultural Trade Development and Assistance Act of 1954' shall be
considered to be a reference to the `Food for Peace Act'.''.
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settlement of debt owed the united states
Sec. 321.\3\ No debt owed to the United States by any
foreign country with respect to the payment of any loan made
under any program funded under this Act may be settled in an
amount less than the full amount of such debt unless the
Congress by concurrent resolution approves of such settlement.
---------------------------------------------------------------------------
\3\ 22 U.S.C. 2220a note. Sec. 7033 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2009
(division H of Public Law 111-8; 123 Stat. 876), provides the
following:
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``Special Debt Relief for the Poorest
---------------------------------------------------------------------------
``Sec. 7033. (a) Authority to Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of the United
States) by an eligible country as a result of--
---------------------------------------------------------------------------
``(1) guarantees issued under sections 221 and 222 of the Foreign
Assistance Act of 1961;
``(2) credits extended or guarantees issued under the Arms Export Control
Act; or
``(3) any obligation or portion of such obligation, to pay for purchases
of United States agricultural commodities guaranteed by the Commodity
Credit Corporation under export credit guarantee programs authorized
pursuant to section 5(f) of the Commodity Credit Corporation Charter Act of
June 29, 1948, as amended, section 4(b) of the Food for Peace Act of 1966,
as amended (Public Law 89-808), or section 202 of the Agricultural Trade
Act of 1978, as amended (Public Law 95-501).
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``(b) Limitations.--
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``(1) The authority provided by subsection (a) may be exercised only to
implement multilateral official debt relief and referendum agreements,
commonly referred to as `Paris Club Agreed Minutes'.
``(2) The authority provided by subsection (a) may be exercised only in
such amounts or to such extent as is provided in advance by appropriations
Acts.
``(3) The authority provided by subsection (a) may be exercised only with
respect to countries with heavy debt burdens that are eligible to borrow
from the International Development Association, but not from the
International Bank for Reconstruction and Development, commonly referred to
as `IDA-only' countries.
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``(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
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``(1) does not have an excessive level of military expenditures;
``(2) has not repeatedly provided support for acts of international
terrorism;
``(3) is not failing to cooperate on international narcotics control
matters;
``(4) (including its military or other security forces) does not engage
in a consistent pattern of gross violations of internationally recognized
human rights; and
``(5) is not ineligible for assistance because of the application of
section 527 of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995.
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``(d) Availability of Funds.--The authority provided by subsection
(a) may be used only with regard to the funds appropriated by this Act
under the heading `Debt Restructuring'.
``(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance for the
purposes of any provision of law limiting assistance to a country. The
authority provided by subsection (a) may be exercised notwithstanding
section 620(r) of the Foreign Assistance Act of 1961 or section 321 of
the International Development and Food Assistance Act of 1975.''.
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participation by other countries in providing assistance to israel or
egypt
Sec. 322. It is the sense of the Senate that the President
should attempt to negotiate an equitable share of participation
by the countries of Western Europe, Japan, and the United
Nations in providing assistance to Israel or Egypt.
(14) Foreign Assistance Act of 1974
Partial text of Public Law 93-559 [S. 3394], 88 Stat. 1795, approved
December 30, 1974; as amended by Public Law 94-329 [International
Security Assistance and Arms Export Control Act of 1976; H.R. 13680],
90 Stat. 729 at 761, approved June 30, 1976; and Public Law 97-113
[International Security and Development Cooperation Act of 1981; S.
1196], 95 Stat. 1519 at 1560, approved December 29, 1981
Note.--Except for the provisions noted below, the
Foreign Assistance Act of 1974 consists of amendments
to the Foreign Assistance Act of 1961, the Foreign
Military Sales Act, and the 1971 Act to amend the FMS
Act.
AN ACT To amend the Foreign Assistance Act of 1961, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That:
This Act may be cited as the ``Foreign Assistance Act of
1974''.
* * * * * * *
Sec. 3.\1\ Ceiling on Fertilizers to South Vietnam * * *
[Repealed--1981]
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\1\ Sec. 734(a)(8) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 3, which had prohibited the use of funds during fiscal year 1975
to procure agricultural fertilizers for South Vietnam and set a ceiling
for the procurement of such fertilizers in future years for South
Vietnam.
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* * * * * * *
Sec. 17.\2\ Review of Military Assistance Program * * *
[Repealed--1978]
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\2\ Sec. 29(c)(4) of the International Security Assistance Act of
1978 (Public Law 95-384; 92 Stat. 747) repealed sec. 17.
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* * * * * * *
Sec. 25.\3\ Limitation Upon Assistance to or for Chile * *
* [Repealed--1981]
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\3\ Sec. 734(a)(8) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 25, which had limited assistance to Chile during fiscal year 1975
to $25,000,000 (which could not include military aid or security
supporting assistance).
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Sec. 26.\4\ Limitation on Military Assistance and Excess
Defense Articles to Korea * * * [Repealed--1981]
---------------------------------------------------------------------------
\4\ Sec. 734(a)(8) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-118; 95 Stat. 1560) repealed
sec. 26, which had set a ceiling of $145,000,000 in military assistance
and $165,000,000 in excess defense articles for Korea during fiscal
year 1975.
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Sec. 27.\5\ Limitation on Assistance for India * * *
[Repealed--1981]
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\5\ Sec. 734(a)(8) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113 95 Stat. 1560) repealed sec.
27, which had set a limit of $50,000,000 in economic and military
assistance for India during fiscal year 1975.
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famine or disaster relief
Sec. 28.\6\ (a) * * *
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\6\ 22 U.S.C. 2399 note.
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(b) Of the funds appropriated to carry out section 639 of
the Foreign Assistance Act of 1961, during fiscal year 1975 not
less than $25,000,000 shall be made available to Cyprus for the
purposes of such section 639.
* * * * * * *
Secs. 34-40.\7\ * * * [Repealed--1976]
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\7\ Sec. 413(a) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 761) repealed
secs. 34, 35, 36, 37, 38, 39, and 40, all relating to U.S. Policy in
Indochina.
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* * * * * * *
Sec. 43.\8\ * * * [Repealed--1981]
---------------------------------------------------------------------------
\8\ Sec. 734(a)(8) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 43, which had prohibited the use of funds authorized by this Act
from supporting the construction, operation, maintenance, or the supply
of fuel for any nuclear powerplant in Israel or Egypt.
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* * * * * * *
gorgas memorial institute
Sec. 47. The first section of the Act entitled ``An Act to
authorize a permanent annual appropriation for the maintenance
and operation of the Gorgas Memorial'', approved May 7,
1928,\9\ is amended by striking out ``$500,000'' and inserting
``$2,000,000'' in lieu thereof.
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\9\ 22 U.S.C. 278.
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international commission of control and supervision in vietnam
Sec. 48.\10\ (a) There are authorized to be appropriated to
the Department of State for fiscal year 1975 not to exceed
$16,526,000 for payments by the United States to help meet
expenses of the International Commission of Control and
Supervision in Vietnam. Funds appropriated under this
subsection are authorized to be made available for
reimbursement to the Agency for International Development of
amounts expended by the Agency during fiscal year 1975 as
interim United States payments to help meet expenses of the
International Commission of Control and Supervision.
---------------------------------------------------------------------------
\10\ 22 U.S.C. 2431 note.
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(b) There are authorized to be appropriated to the
Department of State not to exceed $11,200,000 for reimbursement
to the Agency for International Development of amounts expended
by the Agency for International Development to help meet
expenses of the International Commission on Control and
Supervision in fiscal year 1974.
(c) Reimbursements received by the Agency for International
Development under this section may be credited to applicable
appropriations of the Agency and shall be available for the
purposes for which such appropriations are authorized to be
used during fiscal year 1975.
Sec. 49.\11\ Policy on Assistance to Africa * * *
[Repealed--1981]
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\11\ Sec. 734(a)(8) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 49, which had required a report from the President on action taken
to provide the developing countries of Africa with an equitable share
of U.S. economic assistance.
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policy on the independence of angola, mozambique, and guinea-bissau
Sec. 50.\12\ (a)(1) Congress finds that the Government of
Portugal's recognition of the right to independence of the
African territories of Angola, Mozambique, and Guinea-Bissau
marks a significant advance toward the goal of self-
determination for all the peoples of Africa, without which
peace on the continent is not secure.
---------------------------------------------------------------------------
\12\ 22 U.S.C. 2166 note.
---------------------------------------------------------------------------
(2) Congress finds that progress toward independence for
the Portuguese African territories will have a significant
impact on the international organizations and the community of
nations.
(3) Congress commends the Portuguese Government's
initiatives on these fronts as evidence of a reaffirmation of
that Government's support for her obligations under both the
United Nations Charter and the North Atlantic Treaty
Organizations.
(b) Therefore, Congress calls upon the President and the
Secretary of State to take the following actions designed to
make clear United States support for a peaceful and orderly
transition to independence in the Portuguese African
territories:
(1) An official statement should be issued of United
States support for the independence of Angola,
Mozambique, and Guinea-Bissau, and of our desire to
have good relations with the future governments of the
countries.
(2) It should be made clear to the Government of
Portugal that we view the efforts toward a peaceful and
just settlement of the conflict in the African
territories as consistent with Portugal's obligations
under the North Atlantic Treaty Organization
partnership.
(3) The United States should encourage United Nations
support for a peaceful transition to independence,
negotiated settlement of all differences, and the
protection of human rights of all citizens of the three
territories.
(4) The United States should open a dialog with
potential leaders of Angola, Mozambique, and Guinea-
Bissau and assure them of our commitment to their
genuine political and economic independence.
(5) The economic development needs of the three
territories will be immense when independence is
achieved. Therefore, it is urged that the United States
Agency for International Development devote attention
to assessing the economic situation in Angola,
Mozambique, and Guinea-Bissau and be ready to cooperate
with the future governments in providing the kind of
assistance that will help make their independence
viable. In addition, the United States Government
should take the initiative among other donors, both
bilateral and multilateral, in seeking significant
contribution of development assistance for the three
territories.
(6) In light of the need of Angola, Mozambique, and
Guinea-Bissau for skilled and educated manpower, a
priority consideration should be given to expanding
current United States programs of educational
assistance to the territories as a timely and
substantive contribution to their independence.
(c) \13\ * * * [Repealed--1981]
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\13\ Sec. 734(a)(8) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out
subsec. (c), which had required a report from the President on the
implementation of the proposals outlined in subsec. (b). The President
submitted this report to Congress on June 4, 1975.
---------------------------------------------------------------------------
conventional arms trade
Sec. 51.\14\ (a) It is the sense of the Congress that the
recent growth in international transfers of conventional arms
to developing nations--
---------------------------------------------------------------------------
\14\ 22 U.S.C. 2551 note.
---------------------------------------------------------------------------
(1) is a cause for grave concern for the United
States and other nations in that in particular areas of
the world it increases the danger of potential violence
among nations, and diverts scarce world resources from
more peaceful uses; and
(2) could be controlled progressively through
negotiations and agreements among supplier and
recipient nations.
(b) Therefore, the President is urged to propose to the
Geneva Conference of the Committee on Disarmament that it
consider as a high priority agenda item discussions among
participating nations of that Conference for the purposes of--
(1) agreeing to workable limitations on conventional
arms transfers; and
(2) establishing a mechanism through which such
limitations could be effectively monitored.
(c) \15\ * * * [Repealed--1981]
---------------------------------------------------------------------------
\15\ Sec. 734(a)(8) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out
subsec. (c), which had required a report from the President on steps he
has taken to carry out this section. The President submitted this
report on June 30, 1975.
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involvement of puerto rico in the caribbean development bank
Sec. 52. (a) The President may transmit to the Caribbean
Development Bank an instrument stating that the Commonwealth of
Puerto Rico has the authority to conclude an agreement of
accession with such Bank and to assume rights and obligations
pursuant to such agreement. However, such agreement may only be
concluded after it has been approved by the United States
Secretary of State.
(b) The instrument transmitted by the President to the
Caribbean Development Bank under subsection (a) shall state
that the United States shall not assume any financial or other
responsibility for the performance of any obligation incurred
by the Commonwealth of Puerto Rico pursuant to such agreement
of accession or pursuant to any other aspect of its membership
or participation in such Bank.
(c) Such agreement of accession shall provide that the
Commonwealth of Puerto Rico may not receive from the Caribbean
Development Bank any funds provided to the Bank by the United
States.
* * * * * * *
policy with respect to countries most seriously affected by food
shortages
Sec. 55.\16\ (a) The United Nations has designated thirty-
two countries as ``Most Seriously Affected'' by the current
economics crisis. These are countries without the internal food
production capability or the foreign exchange availability to
secure food to meet their immediate food requirements. The
Congress calls upon the President and Secretary of State to
take the following actions designed to mobilize appropriate
resources to meet the food emergency:
---------------------------------------------------------------------------
\16\ 22 U.S.C. 2175 note.
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(1) Review and make appropriate adjustments in the
level of programming of our food and fertilizer
assistance programs with the aim of increasing to the
maximum extent feasible the volume of food and
fertilizer available to those countries most seriously
affected by current food shortages.
(2) Call upon all traditional and potential new
donors of food, fertilizer, or the means financing
these commodities to immediately increase their
participation in efforts to address the emergency food
needs of the developing world.
(3) Make available to these most seriously affected
countries the maximum feasible volume of food
commodities, with appropriate regard to the current
domestic price and supply situations.
(4) Maintain regular and full consultation with the
appropriate committees of the Congress and report to
the Congress and the Nation on steps which are being
taken to help meet this food emergency. In accordance
with this provision, the President shall report to the
Congress on a global assessment of food needs for
fiscal year 1975, specifying expected food grain
deficits and currently planned programming of food
assistance, and steps which are being taken to
encourage other countries to increase their
participation in food assistance or the financing of
food assistance. Such report should reach the Congress
promptly and should be supplemented quarterly for the
remainder of fiscal year 1975.
(5) The Congress directs that during the fiscal year
ending June 30, 1975, not more than 30 percent of
concessional food aid should be allocated to countries
other than those which are most seriously affected by
current food shortages, unless the President
demonstrates to the appropriate Committees of the
Congress that use of such food assistance is solely for
humanitarian food purposes.
(6) The Congress calls upon the President to proceed
with the implementation of resolutions and
recommendations adopted by the World Food Conference.
The Congress believes that it is incumbent upon the
United States to take a leading role in assisting in
the development of a viable and coherent world food
policy which would begin the task of alleviating
widespread hunger and suffering prevalent in famine-
stricken nations. The President shall report to the
Congress within 120 days of enactment of this Act on
the implementation of the resolutions and the extent to
which the United States is participating in the
implementation of resolutions adopted at the World Food
Conference.
repayment of loans in default
Sec. 56.\17\ It is the sense of the Congress that any
country receiving assistance under the Foreign Assistance Act
of 1961 which is in default, at least 90 days prior to the date
of enactment of this Act, of any payment of principal or
interest due on any loan or credit received from the United
States shall promptly pay all such principal and interest. It
is further the sense of the Congress that the President shall
promptly enter into negotiations with each such country to help
effectuate the payment of such principal and interest, or to
effectuate the transfer by such country to the United States of
goods, services, concessions, or actions beneficial to the
United States, in lieu of the payment of such principal and
interest.
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\17\ 22 U.S.C. 2379 note.
(15) Foreign Assistance Act of 1973
Partial text of Public Law 93-189 [S. 1443], 87 Stat. 714, approved
December 17, 1973; as amended by Public Law 97-113 [International
Security and Development Cooperation Act of 1981; S. 1196], 95 Stat.
1519 at 1560, approved December 29, 1981; and Public Law 106-113
[Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2000; H.R. 3422, enacted by reference in sec.
1000(a)(2)], 113 Stat. 1535, approved November 29, 1999
Note.--Except for the provisions noted below, the
Foreign Assistance Act of 1973 consists of amendments
to the Foreign Assistance Act of 1961, the Foreign
Military Sales Act, the 1971 Act to amend the FMS Act,
and Sec. 414 of the Mutual Security Act of 1954.
* * * * * * *
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That:
This Act may be cited as the ``Foreign Assistance Act of
1973''.
* * * * * * *
asian development bank
Sec. 28.\1\ Section 17 of the Asian Development Bank Act
\2\ is amended by striking out ``$60,000,000 for fiscal year
1972 and $40,000,000 for fiscal year 1973'' and inserting in
lieu thereof ``$100,000,000''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2151 note.
\2\ For text, see Legislation on Foreign Relations Through 2008,
vol. III, sec. I.
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Sec. 29.\3\ * * * [Repealed--1974]
---------------------------------------------------------------------------
\3\ Sec. 29(b) of the FA Act of 1974 (Public Law 93-559) repealed
sec. 29 relating to access to certain military bases abroad.
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termination of indochina war
Sec. 30.\1\ No funds authorized or appropriated under this
or any other law may be expended to finance military or
paramilitary operations by the United States in or over
Vietnam, Laos, or Cambodia.
limitation on use of funds
Sec. 31.\1\ No funds authorized or appropriated under any
provision of law shall be made available for the purpose of
financing directly or indirectly any military or paramilitary
combat operations by foreign forces in Laos, Cambodia, North
Vietnam, South Vietnam, or Thailand unless (1) such operations
are conducted by the forces of that government receiving such
funds within the borders of that country, or (2) specifically
authorized by law enacted after the date of enactment of this
Act.
political prisoners
Sec. 32.\4\ It is the sense of Congress that the President
should deny any economic or military assistance to the
government of any foreign country which practices the
internment or imprisonment of that country's citizens for
political purposes.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 2151 note.
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albert schweitzer hospital
Sec. 33.\4\ There is authorized to be appropriated to the
President for fiscal year 1974 $1,000,000 \5\ to make grants,
on such terms and conditions as he may specify, to the Albert
Schweitzer Hospital in Gabon.
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\5\ The Foreign Assistance and Related Programs Appropriations Act,
1974 (Public Law 93-240; 87 Stat. 1175), appropriated $1,000,000.
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prisoners of war and individuals missing in action
Sec. 34.\4\ (a) The Congress declares that--
(1) the families of those one thousand three hundred
individuals missing in action during the Indochina
conflict have suffered extraordinary torment in
ascertaining the full and complete information about
their loved ones who are formally classified as missing
in action;
(2) United States involvement in the Indochina
conflict has come to a negotiated end with the signing
of the Vietnam Agreement in Paris on January 27, 1973,
and section 307 of the Second Supplemental
Appropriations Act, 1973, requires that ``None of the
funds herein appropriated under this Act may be
expended to support directly or indirectly combat
activities in or over Cambodia, Laos, North Vietnam and
South Vietnam or off the shores of Cambodia, Laos,
North Vietnam and South Vietnam by United States
forces, and after August 15, 1973, no other funds
heretofore appropriated under any other Act may be
expended for such purpose.'';
(3) the question of the return of prisoners of war
and accounting for individuals missing in action and
dead in Laos is covered by article 18 of the Protocol
signed by representatives of the Lao Patriotic Front
(Pathet Lao) and the Royal Laotian Government in
Vientiane on September 14, 1973 (which implements
article 5 of the Agreement signed by the Pathet Lao and
that government in Vientiane on February 21, 1973,
requiring the release of all prisoners ``regardless of
nationality'' captured and held in Laos), and paragraph
C of such article 18 provides that, within ``15 to 30
days'' from the date of the signing of the Protocol,
each side is to report the number of those prisoners
and individuals still held, with an indication of their
nationality and status, together with a list of names
and any who died in captivity; and
(4) few of the United States men lost in Laos during
the military engagements in Indochina have been
returned, and with knowledge about many of these men
not yet being fully disclosed, and the North Vietnam
cease-fire provisions calling for inspection of crash
and grave sites and for other forms of cooperation have
not been fully complied with.
(b) It is, therefore, the sense of the Congress that--
(1) the provisions for the release of prisoners and
an accounting of individuals missing and dead, as
provided for in article 18 of the Protocol signed on
September 14, 1973, by the Pathet Lao and the Royal
Laotian Government, be adhered to in spirit and in
deed; and
(2) the faithful compliance with the spirit of the
Laotian Agreement and Protocol on the question of
individuals missing in action will encourage all
parties in Indochina to cooperate in providing complete
information on all nationals of any nation who may be
captured or missing at any place in Indochina.
rights in chile
Sec. 35.\6\ It is the sense of the Congress that (1) the
President should request the Government of Chile to protect the
human rights of all individuals, Chilean and foreign, as
provided in the Universal Declaration of Human Rights, the
Convention and Protocol Relating the Status of Refugees, and
other relevant international legal instruments guaranteeing the
granting of asylum, safe conduct, and the humane treatment or
release of prisoners; (2) the President should support
international humanitarian initiatives by the United Nations
High Commissioner for Refugees and the International Committee
of the Red Cross to insure the protection and safe conduct and
resettlement of political refugees, the humane treatment of
political prisoners, and the full inspection of detention
facilities under international auspices; (3) the President
should support and facilitate efforts by voluntary agencies to
meet emergency relief needs; and (4) the President should
request of the Inter-American Commission on Human Rights to
undertake an immediate inquiry into recent events occurring in
Chile.
---------------------------------------------------------------------------
\6\ 22 U.S.C. 2151 note.
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revision of social progress trust fund agreement
Sec. 36.\7\ (a) The President or his delegate shall seek,
as soon as possible, a revision of the Social Progress Trust
Fund Agreement (dated June 19, 1961) between the United States
and the Inter-American Development Bank. Such revision should
provide for the--\8\
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\7\ 22 U.S.C. 1942 note.
\8\ Sec. 586 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by
reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535),
authorized the President to abolish the Inter-American Foundation and
made conforming amendments to legislation related to the Inter-American
Foundation to reflect the abolishment. These amendments are to be
effective and executed only after the Director of the Office of
Management and Budget transmits to Congress a certification that
responsibilities delegated to the Director, primarily that of
administering and winding-up any outstanding obligations of the Inter-
American Foundation, have been fully discharged.
That certification and subsequent administration have not yet been
executed. Upon execution of these requirements, sec. 586(h)(2)(A)(i) of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec.
1000(a)(2) of Public Law 106-113; 113 Stat. 1535), will strike out
``provide for the--'' at this point, strike out para. (1), and strike
out para. designation ``(2)''.
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(1) \8\ periodic transfer of unencumbered capital
resources of such trust fund, and of any future
repayments or other accruals otherwise payable to such
trust fund, to the Inter-American Foundation, to be
administered by the Foundation for purposes of part IV
of the Foreign Assistance Act of 1969 (22 U.S.C. 290f
and following);
(2) utilization of such unencumbered capital
resources, future repayments, and other accruals by the
Inter-American Development Bank for purposes of
sections 1 and 2 of the Latin American Development Act
\9\ (22 U.S.C. 1942 and 1943) in such a way that the
resources received in the currencies of the more
developed member countries are utilized to the extent
possible for the benefit of the lesser developed member
countries; or
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\9\ For text, see Legislation on Foreign Relations Through 2008,
vol. I-B.
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(3) \10\ both the transfer described in paragraph (1)
and the utilization described in paragraph (2).
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\10\ Sec. 586(h)(2)(A)(ii) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2000 (H.R. 3422,
enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 113
Stat. 1535), will strike out para. (3), upon execution of that
section's requirements.
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(b) Any transfer or \11\ utilization under this section
shall be in such proportions as may be agreed to between the
United States and the Inter-American Development Bank.
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\11\ Sec. 586(h)(2)(B) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by
reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535),
will strike out ``transfer or'' upon execution of that section's
requirements. Sec. 586(h)(2)(C) of that Act will strike out subsec.
(c), upon execution of that section's requirements, and will
redesignate subsec. (d) as subsec. (c).
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(c) \11\ Any transfer under subsection (a)(1) shall be in
the amounts, and in available currencies, determined in
consultation with the Inter-American Foundation, to be required
for its program purposes.''.
(d) \11\ The revision of the Social Progress Trust Fund
Agreement pursuant to this section shall provide that the
President or his delegate shall specify, from time to time,
after consultation with the Inter-American Development Bank,
the particular currencies to be used in making the transfer of
\11\ utilization described in the section.
(e) \12\ * * * [Repealed--1981]
---------------------------------------------------------------------------
\12\ Sec. 734(a)(9) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out
subsec. (e), which had required a report from the President on his
action taken pursuant to this section. The President submitted this
report on January 3, 1974.
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Sec. 37.\13\ Prohibition on Assistance to North Vietnam * *
* [Repealed--1981]
---------------------------------------------------------------------------
\13\ Sec. 734(a)(9) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 37, which had prohibited the use of funds authorized in this Act
(fiscal year 1974) for assistance to North Vietnam.
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Sec. 38.\14\ Report Concerning Certain Use of Military
Assistance in Africa * * * [Repealed--1981]
---------------------------------------------------------------------------
\14\ Sec. 734(a)(9) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 38, which had required the President to make a determination with
respect to the use, if any, by any non-African country in support of
its military activities in its African territories of U.S. economic
military, or food assistance. The President submitted this
determination to Congress on May 3, 1974.
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world food shortages
Sec. 39.\15\ (a) It is the sense of the Congress that the
United States should participate fully in efforts to alleviate
current and future food shortages which threaten the world. To
this end, the President shall--
---------------------------------------------------------------------------
\15\ 22 U.S.C. 2220 note.
---------------------------------------------------------------------------
(1) encourage, support, and expedite studies relating
to the long-range implications of the world food
situation (including studies of national and world
production, distribution, and utilization of
agricultural commodities and other foodstuffs) and
support the organizing of a world food conference under
United Nations auspices in 1974;
(2) request the member nations of the General
Agreement on Tariffs and Trade to explore the means of
assuring equitable access by all nations to national
markets and mineral and agricultural resources;
(3) Consult and cooperate with appropriate
international agencies, such as the Food and
Agricultural Organization of the United Nations, in
determining the need for, the feasibility of, and cost
of an equitably-shared basis of, establishing an
international system of strategic food reserves; and
(4) report his findings and recommendations to the
Congress on the implementation of this section no later
than December 31, 1974.
(b) It is further the sense of the Congress that--
(1) in making assessments which would affect or
relate to the level of domestic production, the
Executive Branch should include in the estimates of
overall utilization the expected demands for
humanitarian food assistance through such programs as
are carried out under the Agricultural Trade
Development and Assistance Act of 1954 (Public Law
480); \16\ and
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\16\ Sec. 3001(c) of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 1821) provided that ``Any reference in
any Federal, State, tribal, or local law (including regulations) to the
`Agricultural Trade Development and Assistance Act of 1954' shall be
considered to be a reference to the `Food for Peace Act'.''.
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(2) legislation providing increased flexibility for
responding to emergency and humanitarian requirements
for food assistance should be considered as promptly as
possible to the end that the last sentence of section
401 of the Agricultural Trade Development and
Assistance Act of 1954 (Public Law 480),\16\ may be
amended by striking the period and inserting in lieu
thereof a comma and the following: ``unless the
Secretary determines that some part of the exportable
supply should be used to carry out the national
interest and humanitarian objectives of this Act.''
use of local currencies \17\
Sec. 40.\18\ Effective July 1, 1974, no amount of any
foreign currency (including principal and interest from loan
repayments) which accrues in connection with any sale for
foreign currency under any provision of law may be used under
any agreement entered into after the date of the enactment of
this Act, or any revision or extension entered into after such
date of any prior or subsequent agreement, to provide any
assistance to any foreign country to procure equipment,
materials, facilities, or services for the common defense,
including internal security unless such agreement is
specifically authorized by legislation enacted after such date.
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\17\ See also Mutual Security Act of 1954, as amended (Public Law
83-665; 68 Stat. 832), sec. 502, Use of Foreign Currencies, in
Legislation on Foreign Relations Through 2008, vol. I-B.
\18\ 22 U.S.C. 2151 note.
(16) Foreign Assistance Act of 1971
Partial text of Public Law 92-226 [S. 2819], 86 Stat. 20, approved
February 7, 1972
Note.--Except for the provisions quoted here, the
Foreign Assistance Act of 1971 consists of amendments
to the Foreign Assistance Act of 1961, the Foreign
Military Sales Act, the 1971 Act to amend the FMS Act,
the Act to authorize participation by the United States
in the Interparliamentary Union, the Joint Resolution
to authorize participation by the United States in
parliamentary conferences of the North Atlantic Treaty
Organization, Part IV of the Foreign Assistance Act of
1969, the Act to provide certain basic authority for
the Department of State, the United States Information
and Educational Exchange Act of 1948, the Special
Foreign Assistance Act of 1971, and Public Law 89-367
(Armed Forces Appropriation Authorization, 1966).
AN ACT To amend the Foreign Assistance Act of 1961, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Foreign Assistance Act of 1971''.
food-for-peace program
Sec. 2.\1\ It is the sense of the Congress that funds to
administer the food-for-peace program should not be reduced as
the result of any reduction in the authorizations provided to
carry out the Foreign Assistance Act of 1961.
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\1\ 22 U.S.C. 2151 note. See also the Food for Peace Act of 1966
(Public Law 89-808; 80 Stat. 1526), in Legislation on Foreign Relations
Through 2008, vol. I-B.
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* * * * * * *
Sec. 304. * * *
(c) * * *
(3) The provisions of this subsection \2\ and section 657
of such Act, as added by subsection (b) of this Act, shall
apply with respect to each fiscal year commencing on or after
July 1, 1971.
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\2\ This subsection provided that the definition of ``Value''
appearing in sec. 644(m) was not applicable when the word ``Value'' was
used in sec. 657.
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PART IV--MISCELLANEOUS PROVISIONS
* * * * * * *
Sec. 403. Paragraph (9) of section 5314 of title 5, United
States Code, relating to level III of the Executive Schedule,
is amended by inserting before the period at the end thereof
the following: ``and an Under Secretary of State for
Coordinating Security Assistance Programs''.
* * * * * * *
Sec. 407.\3\ (a) It is the purpose of this section to
enable the Congress generally, and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives in particular, to carry out the
purposes and intent of the Legislative Reorganization Acts of
1946 and 1970, with respect to--
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\3\ See also sec. 15 of the State Department Basic Authorities Act
of 1956 (Public Law 84-885; 70 Stat. 890), and sec. 701 of the United
States Information and Education Exchange Act of 1948 (Public Law 80-
402; 62 Stat. 6), in Legislation on Foreign Relations Through 2008,
vol. II-A.
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(1) the analysis, appraisal, and evaluation of the
application, administration, and execution of the laws
relating to the Department of State and the United
States Information Agency and of matters relating to
the foreign relations of the United States; and
(2) providing periodic authorizations of
appropriations for that Department and Agency.
* * * * * * *
Sec. 410.\4\ The Congress strongly urges the President to
undertake such negotiations as may be necessary to implement
that portion of the recommendations of the Report of the
President's Commission for the Observance of the Twenty-fifth
Anniversary of the United Nations (known as the ``Lodge
Commission'') which proposes that the portion of the regular
assessed costs to be paid by the United States to the United
Nations be reduced so that the United States is assessed in
each year not more than 25 per centum of such costs assessed
all members of the United Nations for that year.
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\4\ See also Appropriations Limitation on Contributions to
International Organizations (Public Law 92-544; 86 Stat. 1109),
Legislation on Foreign Relations Through 2008, vol. II-B.
(17) Special Foreign Assistance Act of 1971, as amended
Partial text of Public Law 91-652 [H.R. 19911], 84 Stat. 1942, approved
January 5, 1971; as amended by Public Law 92-226 [Foreign Assistance
Act of 1971; S. 2819], 86 Stat. 27, 35, approved February 7, 1972
Note.--Except for the provisions noted below, the
Special Foreign Assistance Act of 1971 consists of
amendments to the Foreign Assistance Act of 1961.
AN ACT To provide additional foreign assistance authorizations, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Special Foreign Assistance Act of
1971''.
Sec. 2. There are authorized to be appropriated to the
President for the fiscal year 1971 not to exceed--
(1) $85,000,000 for additional military assistance
and $70,000,000 for special economic assistance for
Cambodia;
(2) $100,000,000 for economic and military assistance
programs to replace funds which were transferred by the
President for use in Cambodia;
(3) $150,000,000 for additional military assistance
for the Republic of Korea;
(4) $30,000,000 for additional military assistance
for Jordan;
(5) $3,000,000 for additional military assistance for
Indonesia and $10,000,000 to replace funds transferred
from other programs for use in Indonesia;
(6) $5,000,000 for additional military assistance for
Lebanon;
(7) $65,000,000 for additional supporting assistance
for Vietnam; and
(8) $17,000,000 for additional general military
assistance to compensate for a shortage in anticipated
recovery of funds from past years' programs.
Sec. 3.\1\ The President is authorized, until June 30,
1972, to transfer to the Republic of Korea such defense
articles located in Korea and belonging to the Armed Forces of
the United States on July 1, 1970, as he may determine, except
that no funds heretofore or hereafter appropriated under this
Act or the Foreign Assistance Act of 1961 shall be available
for reimbursement to any agency of the United States Government
for any transfer made pursuant to this section.
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\1\ 22 U.S.C. 2302 note.
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Sec. 4. Except as otherwise provided in this Act, any
assistance furnished out of funds appropriated under section 2
of this Act and any transfer made under section 3 of this Act
shall be furnished or transferred, as the case may be, in
accordance with all of the purposes and limitations applicable
by statute to that type of assistance or transfer under the
Foreign Assistance Act of 1961 (including the provisions of
section 652 of such Act, as added by section 8 of this Act).
* * * * * * *
Sec. 6. (a) * * *
(b) \2\ Excess foreign currencies held in Pakistan not
allocated on the date of enactment of this section are
authorized to be appropriated for a period of one year from
such date of enactment to help Pakistan withstand the disaster
which has occurred.
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\2\ 22 U.S.C. 2261 note.
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Sec. 7.\3\ (a) In line with the expressed intention of the
President of the United States, none of the funds authorized or
appropriated pursuant to this or any other Act may be used to
finance the introduction of United States ground combat troops
into Cambodia, or to provide United States advisers to or for
military, paramilitary, police, or other security or
intelligence forces \4\ in Cambodia.
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\3\ 22 U.S.C. 2411 note.
\4\ Sec. 408 of the Foreign Assistance Act of 1971 (Public Law 92-
226; 86 Stat. 20) struck out ``Cambodian military forces'' and inserted
in lieu thereof ``military, paramilitary, police, or other security or
intelligence forces''.
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(b) Military and economic assistance provided by the United
States to Cambodia and authorized or appropriated pursuant to
this or any other Act shall not be construed as a commitment by
the United States to Cambodia for its defense.
* * * * * * *
(18) Foreign Military Sales Act Amendments, 1971, as amended
Partial text of Public Law 91-672 [H.R. 15628], 84 Stat. 2053, approved
January 12, 1971; as amended by Public Law 92-226 [Foreign Assistance
Act of 1971; S. 2819], 86 Stat. 20, 33, approved February 7, 1972;
Public Law 93-189 [Foreign Assistance Act of 1973; S. 1443], 87 Stat.
714, 729, approved December 17, 1973; Public Law 93-559 [Foreign
Assistance Act of 1974; S. 3394], 88 Stat. 1795, 1799, approved
December 31, 1974; Public Law 94-329 [International Security Assistance
and Arms Export Control Act of 1976; H.R. 13680], 90 Stat. 729,
approved June 30, 1976; Public Law 95-384 [International Security
Assistance Act of 1978; S. 3075], 92 Stat. 730 at 747, approved
September 26, 1978; and Public Law 97-113 [International Security and
Development Cooperation Act of 1981; S. 1196], 95 Stat. 1579 at 1560,
approved December 29, 1981
Note.--Secs. 1 through 4 of this Act amend the
Foreign Military Sales Act (Arms Export Control Act),
Public Law 90-629, October 22, 1968.
AN ACT To amend the Foreign Military Sales Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled * * *
* * * * * * *
Sec. 5.\1\ It is the sense of Congress that (1) the
President should continue to press forward urgently with his
efforts to negotiate with the Soviet Union and other powers a
limitation on arms shipments to the Middle East, (2) the
President should be supported in his position that arms will be
made available and credits provided to Israel and other
friendly states, to the extent that the President determines
such assistance to be needed in order to meet threats to the
security and independence of such states, and (3) if the
authorization provided in the Foreign Military Sales Act, as
amended, should prove to be insufficient to effectuate this
stated policy, the President should promptly submit to the
Congress requests for an appropriate supplementary
authorization and appropriation.
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\1\ 22 U.S.C. 2751 note.
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Sec. 6.\1\ It is the sense of the Congress that--
(1) the President should immediately institute a
thorough and comprehensive review of the military aid
programs of the United States, particularly with
respect to the military assistance and sales operations
of the Department of Defense, and
(2) the President should take such actions as may be
appropriate--
(A) to initiate multilateral discussions
among the United States, the Union of Soviet
Socialist Republics, Great Britain, France,
West Germany, Italy and other countries on the
control of the worldwide trade in armaments,
(B) to commence a general debate in the
United Nations with respect to the control of
the conventional arms trade, and
(C) to use the power and prestige of his
office to signify the intention of the United
States to work actively with all nations to
check and control the international sales and
distribution of conventional weapons of death
and destruction.
Sec. 7.\2\ * * *
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\2\ Sec. 734(a)(15) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed
sec. 7, which prohibited the sale, grant, loan, or transfer of any
international fighter aircraft by the United States to any foreign
country other than South Vietnam without specific authorization made in
accordance with the Foreign Assistance Act of 1961 or the Foreign
Military Sales Act.
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Sec. 8.\3\ (a) \4\ * * * [Repealed--1976]
---------------------------------------------------------------------------
\3\ 22 U.S.C. 2321b.
\4\ Sec. 210(c)(2) of the International Security Assistance and
Arms Export Control Act of 1976 struck out subsecs. (a), (b), (c), and
(e) of sec. 8, which related to excess defense articles. Sec. 210(c)(2)
further stated, ``All funds in the suspense account referred to in
subsection (a) of such section on July 1, 1976, shall be transferred to
the general fund of the Treasury.''.
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(b) \4\ * * * [Repealed--1976]
(c) \4\ * * * [Repealed--1976]
(d) The President shall promptly and fully inform the
Speaker of the House of Representatives and the Committee on
Foreign Relations and the Committee on Appropriations of the
Senate of each decision to furnish on a grant basis to any
country excess defense articles which are major weapons systems
to the extent such major weapons system was not included in the
presentation material previously submitted to the Congress. The
annual presentation materials for security assistance programs
shall include a table listing by country the total value of all
deliveries of excess defense articles, disclosing both the
aggregate original acquisition cost and the aggregate value at
the time of delivery.\5\
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\5\ This report, which was originally required on a quarterly
basis, was changed to an annual report by sec. 29(a) of the
International Security Assistance Act of 1978 (Public Law 95-384; 92
Stat. 747).
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(e) \4\ * * * [Repealed--1976]
Sec. 9.\6\ * * * [Repealed--1973]
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\6\ Sec. 26(4) of the FA Act of 1973 (Public Law 93-189; 87 Stat.
714) repealed sec. 9, which related to any transfer of a defense
article to another country.
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Sec. 10.\7\ (a) Notwithstanding any provision of law
enacted before the date of enactment of this section, no money
appropriated for foreign assistance (including foreign military
sales) shall be available for obligation or expenditure--
---------------------------------------------------------------------------
\7\ 22 U.S.C. 2412.
---------------------------------------------------------------------------
(1) unless the appropriation thereof has been
previously authorized by law; or
(2) in excess of an amount previously prescribed by
law.
(b) To the extent that legislation enacted after the making
of an appropriation for foreign assistance (including foreign
military sales) authorizes the obligation or expenditure
thereof, the limitation contained in subsection (a) shall have
no effect.
(c) The provisions of this section shall not be superseded
except by a provision of law enacted after the date of
enactment of this section which specifically repeals or
modifies the provisions of this section.
Sec. 11.\8\ For purposes of sections 8 and 9--
---------------------------------------------------------------------------
\8\ 22 U.S.C. 2321c.
---------------------------------------------------------------------------
(1) ``defense article'' and ``excess defense
articles'' have the same meanings as given them in
section 644 (d) and (g), respectively, of the Foreign
Assistance Act of 1961; and
(2) ``foreign country'' includes any department,
agency, or independent establishment of the foreign
country.
Sec. 12. The joint resolution entitled ``Joint resolution
to promote the maintenance of international peace and security
in Southeast Asia'' approved August 10, 1964 (78 Stat. 384;
Public Law 88-408), is terminated effective upon the day that
the second session of the Ninety-first Congress is last
adjourned.
Sec. 13.\9\ No funds authorized or appropriated pursuant to
this or any other law may be used to transport chemical
munitions from the Island of Okinawa to the United States. Such
funds as are necessary for the detoxification or destruction of
the above described chemical munitions are hereby authorized
and shall be used for the detoxification or destruction of
chemical munitions only outside the United States. For purposes
of this section, the term ``United States'' means the several
States and the District of Columbia.
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\9\ 50 U.S.C. 1512 note.
(19) Foreign Assistance Act of 1969, as amended
Partial text of Public Law 91-175 [H.R. 14580], 83 Stat. 805, approved
December 30, 1969; as amended by Public Law 92-226 [Foreign Assistance
Act of 1971; S. 2819], 86 Stat. 20, 34, approved February 7, 1972;
Public Law 95-105 [Foreign Relations Authorization Act, Fiscal Year
1978; H.R. 6689], 91 Stat. 844 at 859, approved August 17, 1977; Public
Law 97-241 [Department of Defense Authorization Act, 1983; S. 1193], 96
Stat. 273 at 297, approved August 24, 1982; Public Law 98-164
[Department of State Authorization Act, Fiscal Years 1984 and 1985;
H.R. 2915], 97 Stat. 1017 at 1051, approved November 22, 1983; Public
Law 99-83 [International Security and Development Cooperation Act of
1985; S. 960], 99 Stat. 190 at 247, approved August 8, 1985; Public Law
99-529 [Special Foreign Assistance Act of 1986; S. 1917], 100 Stat.
3010, approved October 24, 1986; Public Law 101-246 [Foreign Relations
Authorization Act for Fiscal Years 1990 and 1991; H.R. 3792], 104 Stat.
15, approved February 16, 1990; Public Law 102-138 [Foreign Relations
Authorization Act for Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat.
647, approved October 28, 1991; 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; and Public Law 110-38 [S. 676], 121 Stat.
230, approved June 21, 2007
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note.--Except for Part IV, which related to the Inter-American Social Development Institute (title
Sec. 586 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000
(H.R. 3422, enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), authorized
the President to abolish the Inter-American Foundation and made conforming amendments to legislation
related to the Inter-American Foundation to reflect the abolishment. These amendments are to be
effective and executed only after the Director of the Office of Management and Budget transmits to
Congress a certification that responsibilities delegated to the Director, primarily that of
administering and winding-up any outstanding obligations of the Inter-American Foundation, have been
fully discharged.
That certification and subsequent administration have not yet been executed. Upon execution of these
requirements, sec. 586(c)(2) of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec. 1000(a)(2) of Public Law 106-113;
113 Stat. 1535), will repeal sec. 401 of this Act.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
PART IV--THE INTER-AMERICAN FOUNDATION ACT \1\
Sec. 401.\2\ Inter-American Foundation.--(a) There is
created as an agency of the United States of America a body
corporate to be known as the Inter-American Foundation
(hereinafter in this section referred to as the
``Foundation'').\3\
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\1\ Sec. 406(1) of the Foreign Assistance Act of 1971 (Public Law
92-226; 86 Stat. 20), inserted the title ``Part IV--The Inter-American
Foundation Act'' in lieu of ``Part IV--Inter-American Social
Development Institute''.
\2\ 22 U.S.C. 290f. Sec. 586(c)(2) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2000 (H.R.
3422, enacted by reference in sec. 1000(a)(2) of Public Law 106-113;
113 Stat. 1535), will repeal sec. 401 upon execution of the
requirements of sec. 586.
\3\ The caption of sec. 401 and subsec. (a) thereof, which were
amended by sec. 406(2) of the Foreign Assistance Act of 1971, (Public
Law 92-226; 86 Stat. 20), formerly read as follows: ``Inter-American
Social Development Institute.--(a) There is created as an agency of the
United States of America a body corporate to be known as the `Inter-
American Social Development Institute' (hereafter in this section
referred to as `Institute').''.
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(b) The future of freedom, security, and economic
development in the Western Hemisphere rests on the realization
that man is the foundation of all human progress. It is the
purpose of this section to provide support for developmental
activities designed to achieve conditions in the Western
Hemisphere under which the dignity and the worth of each human
person will be respected and under which all men will be
afforded the opportunity to develop their potential, to seek
through gainful and productive work the fulfillment of their
aspirations for a better life, and to live in justice and
peace. To this end, it shall be the purpose of the
Foundation,\4\ primarily in cooperation with private, regional,
and international organizations, to--
---------------------------------------------------------------------------
\4\ Sec. 406(3) of the Foreign Assistance Act of 1971 (Public Law
92-226; 86 Stat. 20), amended sec. 401 by substituting ``Foundation''
in lieu of ``Institute'' wherever it appeared.
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(1) strengthen the bonds of friendship and
understanding among the peoples of this hemisphere;
(2) support self-help efforts designed to enlarge the
opportunities for individual development;
(3) stimulate and assist effective and ever wider
participation of the people in the development process;
(4) encourage the establishment and growth of
democratic institutions, private and governmental,
appropriate to the requirements of the individual
sovereign nations of this hemisphere.
In pursuing these purposes, the Foundation shall place primary
emphasis on the enlargement of educational opportunities at all
levels, the production of food and the development of
agriculture, and the improvement of environmental conditions
relating to health, maternal and child care, family planning,
housing, free trade union development, and other social and
economic needs of the people.
(c) The Foundation shall carry out the purposes set forth
in subsection (b) of this section primarily through and with
private organizations, individuals, and international
organizations by undertaking or sponsoring appropriate research
and by planning, initiating, assisting, financing,
administering, and executing programs and projects designed to
promote the achievement of such purposes.
(d) In carrying out its functions under this section, the
Foundation shall, to the maximum extent possible, coordinate
its undertakings with the developmental activities in the
Western Hemisphere of the various organs of the Organization of
American States, the United States Government, international
organizations, and other entities engaged in promoting social
and economic development of Latin America.
(e) The Foundation, as a corporation--
(1) shall have perpetual succession unless sooner
dissolved by an Act of Congress;
(2) may adopt, alter, and use a corporate seal, which
shall be judicially noticed;
(3) may make and perform contracts and other
agreements with any individual, corporation, or other
body of persons however designated whether within or
without the United States of America, and with any
government or governmental agency, domestic or foreign;
(4) \5\ shall determine and prescribe the manner in
which its obligations shall be incurred and its
expenses, including expenses for representation (not to
exceed $10,000 in any fiscal year), allowed and paid;
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\5\ Sec. 406(4) of the Foreign Assistance Act of 1971 (Public Law
92-226; 86 Stat. 20) amended and restated sec. 401(e)(4). It formerly
read as follows: ``(4) shall determine and prescribe the manner in
which its obligations shall be incurred and its expenses allowed and
paid;''.
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(5) may, as necessary for the transaction of the
business of the Foundation, employ, and fix the
compensation of not to exceed one hundred persons at
any one time;
(6) may acquire by purchase, devise, bequest, or
gift, or otherwise lease, hold, and improve, such real
and personal property as it finds to be necessary to
its purposes, whether within or without the United
States, and in any manner dispose of all such real and
personal property held by it and use as general funds
all receipts arising from the disposition of such
property;
(7) shall be entitled to the use of the United States
mails in the same manner and on the same conditions as
the executive departments of the Government;
(8) may, with the consent of any board, corporation,
commission, independent establishment, or executive
department of the Government, including any field
service thereof, avail itself of the use of
information, services, facilities, officers, and
employees thereof in carrying out the provisions of
this section;
(9) may accept money, funds, property, and services
of every kind by gift, devise, bequest, grant, or
otherwise, and make advances, grants, and loans to any
individual, corporation, or other body of persons,
whether within or without the United States of America,
or to any government or governmental agency, domestic
or foreign, when deemed advisable by the Foundation in
furtherance of its purposes;
(10) may sue and be sued, complain, and defend, in
its corporate name in any court of competent
jurisdiction; and
(11) shall have such other powers as may be necessary
and incident to carrying out its powers and duties
under this section.
(f) Upon termination of the corporate life of the
Foundation all of its assets shall be liquidated and, unless
otherwise provided by Congress, shall be transferred to the
United States Treasury as the property of the United States.
(g) The management of the Foundation shall be vested in a
board of directors (hereafter in this section referred to as
the ``Board'') composed of nine \6\ members appointed by the
President, by and with the advice and consent of the Senate,
one of whom he shall designate to serve as Chairman of the
Board and one of whom he shall designate to serve as Vice
Chairman of the Board. Six members of the Board shall be
appointed from private life. Three members of the Board shall
be appointed from among the following: officers or employees of
agencies of the United States concerned with inter-American
affairs, the United States Executive Director of the Inter-
American Development Bank, or the Alternate Executive Director
of the Inter-American Development Bank.\7\ Members of the Board
shall be appointed for terms of six years, except that of the
members first appointed two shall be appointed for terms of two
years and two shall be appointed for terms of four years, as
designated by the President at the time of their appointment. A
member of the Board appointed to fill a vacancy occurring prior
to the expiration of the term for which his predecessor was
appointed shall be appointed only for the remainder of such
term; but upon the expiration of his term of office a member
shall continue to serve until his successor is appointed and
shall have qualified. Members of the Board shall be eligible
for reappointment. All individuals appointed to the Board shall
possess an understanding of and sensitivity to community level
development processes. No more than 5 members of the Board may
be members of any one political party.\8\
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\6\ Sec. 403(a) of Public Law 99-529 (100 Stat. 3010) added
``nine'' and ``six'', respectively, in lieu of ``seven'' and ``four''.
\7\ Sec. 1 of Public Law 110-38 (121 Stat. 230) amended and
restated this sentence. It previously read as follows: ``Three members
of the Board shall be appointed from among officers or employees of
agencies of the United States concerned with inter-American affairs.''.
\8\ Sec. 173(b)(1) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 679), added
the last sentence. Subpara. (2) of that section further provided that:
``The requirements established by the amendment made by paragraph (1)
do not affect appointments made to the Board of the Inter-American
Foundation before the date of enactment of this Act.''.
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(h) Members of the Board shall serve without additional
compensation, but shall be reimbursed for travel expenses,
including per diem, in lieu of subsistence, in accordance with
section 5703 of title 5, United States Code,\9\ while engaged
in their duties on behalf of the corporation.
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\9\ Sec. 501(b) of Public Law 97-241 (96 Stat. 297) struck out
``actual and necessary expenses not in excess of $50 per day, and for
transportation expenses'' and inserted in lieu thereof ``travel
expenses, including per diem in lieu of subsistence, in accordance with
section 5703 of title 5, United States Code'' were inserted in lieu
of''.
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(i) The Board shall direct the exercise of all the powers
of the Foundation.
(j) The Board may prescribe, amend, and repeal bylaws,
rules, and regulations governing the manner in which the
business of the Foundation may be conducted and in which the
powers granted to it by law may be exercised and enjoyed. A
majority of the Board shall be required as a quorum.
(k) In furtherance and not in limitation of the powers
conferred upon it, the Board may appoint such committees for
the carrying out of the work of the Foundation as the Board
finds to be for the best interests of the Foundation, each
committee to consist of two or more members of the Board, which
committees, together with officers and agents duly authorized
by the Board and to the extent provided by the Board, shall
have and may exercise the powers of the Board in the management
of the business and affairs of the Foundation.
(l) \10\ (1) The chief executive officer of the Foundation
shall be a President who shall be appointed by the Board of
Directors on such terms as the Board may determine. The
President shall receive compensation at the rate provided for
level IV of the Executive Schedule under section 5315 of title
5, United States Code.
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\10\ The rate of compensation at level IV of the Executive Schedule
in 2009 is $153,200 per annum (Executive Order 13483; 73 F.R. 78592;
December 18, 2008). Sec. 406(5) of the Foreign Assistance Act of 1971
(Public Law 92-226; 86 Stat. 20), amended and restated sec. 401(1),
which formerly read as follows: ``(1) The chief executive officer of
the Institute shall be an Executive Director who shall be appointed by
the Board of Directors on such terms as the Board may determine. The
Executive Director shall receive compensation at the rate provided for
level IV of the Executive Schedule under section 5315 of title V,
United States Code.''.
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(2) Experts and consultants, or organizations thereof, may
be employed as authorized by section 3109 of title 5, United
States Code.
(m) In order to further the purposes of the Foundation
there shall be established a Council to be composed of such
number of individuals as may be selected by the Board from
among individuals knowledgeable concerning developmental
activities in the Western Hemisphere. The Board shall, from
time to time, consult with the Council concerning the
objectives of the Foundation. Members of the Council shall
receive no compensation for their services but shall be
entitled to reimbursement in accordance with section 5703 of
title 5, United States Code, for travel and other expenses
incurred by them in the performance of their functions under
this subsection.
(n) The Foundation shall be a nonprofit corporation and
shall have no capital stock. No part of its revenue, earnings,
or other income or property shall inure to the benefit of its
directors, officers, and employees and such revenue, earnings,
or other income, or property shall be used for the carrying out
of the corporate purposes set forth in this section. No
director, officer, or employee of the corporation shall in any
manner directly or indirectly participate in the deliberation
upon or the determination of any question affecting his
personal interests or the interest of any corporation,
partnership, or organization in which he is directly or
indirectly interested.
(o) When approved by the Foundation, in furtherance of its
purpose, the officers and employees of the Foundation may
accept and hold offices or positions to which no compensation
is attached with governments or governmental agencies of
foreign countries.
(p) The Secretary of State shall have authority to detail
employees of any agency under his jurisdiction to the
Foundation under such circumstances and upon such conditions as
he may determine. Any such employee so detailed shall not lose
any privileges, rights, or seniority as an employee of any such
agency by virtue of such detail.
(q) \11\ The Foundation shall maintain its principal office
in the metropolitan Washington, D.C., area. The Foundation may
establish agencies, branch offices, or other offices in any
place or places outside the United States in which the
Foundation may carry on all or any of its operations and
business.
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\11\ Sec. 173(c) of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 680), amended and
restated subsec. (q).
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(r) The Foundation, including its franchise and income,
shall be exempt from taxation now or hereafter imposed by the
United States, or any territory or possession thereof, or by
any State, county, municipality, or local taxing authority.
(s)(1) Notwithstanding any other provision of law, not to
exceed an aggregate amount of $50,000,000 of the funds made
available for the fiscal years 1970 and 1971 to carry out part
I of the Foreign Assistance Act of 1961 shall be available to
carry out the purposes of this section. Funds made available to
carry out the purposes of this section under the preceding
sentence are authorized to remain available until expended.
(2) \12\ There are authorized to be appropriated
$28,800,000 for the fiscal year 1992 and $31,000,000 for the
fiscal year 1993 to carry out this section.
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\12\ Sec. 508 of the Foreign Relations Authorization Act, Fiscal
Year 1978 (Public Law 95-426; 91 Stat. 859) added para. (2).
The authorization figures for fiscal years 1992 and 1993 were added
by sec. 173(a) of the Foreign Relations Authorization Act, Fiscal Years
1992 and 1993 (Public Law 102-138; 105 Stat. 679).
Authorizations provided in recent years under this section include
the following: Fiscal year 1982--$12,000,000; fiscal year 1983--
$12,800,000; fiscal year 1984--$16,000,000; fiscal year 1985--
$16,000,000; fiscal year 1986--$11,969,000; fiscal year 1987--
$11,969,000; fiscal year 1988--no authorization; fiscal year 1989--no
authorization; fiscal year 1990--$16,932,000; fiscal year 1991--
$25,000,000; fiscal years 1994 through 2009--no authorization.
Congress did not enact an authorization for fiscal year 2009.
Instead, title III of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 852), provides the following:
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``inter-american foundation
---------------------------------------------------------------------------
``For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $22,500,000, to remain available
until September 30, 2010: Provided, That of the funds appropriated
under this heading, not to exceed $3,000 shall be available for
entertainment and representation allowances.''.
Title VII of that Act (123 Stat. 870) provides the following:
---------------------------------------------------------------------------
``authorities for the peace corps, inter-american foundation and african
development foundation
---------------------------------------------------------------------------
``Sec. 7025. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act or the African Development
Foundation Act. The agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is proposing to
conduct activities in a country for which assistance is prohibited.''.
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(t) The Foundation shall be subject to the provisions of
the Government Corporation Control Act.
(u) \13\ When, with the permission of the Foundation, funds
made available to a grantee under this section are invested
pending disbursement, the resulting interest is not required to
be deposited in the United States Treasury if the grantee uses
the resulting interest for the purposes for which the grant was
made. This subsection applies with respect to both interest
earned before and interest earned after the enactment of this
subsection.
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\13\ Sec. 501(c) of Public Law 97-241 (96 Stat. 297) added subsec.
(u).
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(v) \14\ Funds made available to the Foundation may be used
for the expenses described in section 1345 of title 31 of the
United States Code (relating to travel, transportation, and
subsistence expenses for meetings).
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\14\ Sec. 173(d) of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 680), added new
subsecs. (v) and (w).
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(w) \14\ Funds made available to the Foundation may be used
for printing and binding without regard to section 501 of title
44, United States Code.
PART V--AMENDMENTS TO OTHER ACTS
* * * * * * *
(20) Foreign Assistance Act of 1968
Partial text of Public Law 90-554 [H.R. 15263], 82 Stat. 960, approved
October 8, 1968
Note.--Except for Part IV, which relates to
amendments to other acts, and Part V, which relates to
reappraisal of foreign assistance programs, the Foreign
Assistance Act of 1968 consists of amendments to the
Foreign Assistance Act of 1961, as amended.
* * * * * * *
PART V--REAPPRAISAL OF FOREIGN ASSISTANCE PROGRAMS
declaration of policy
Sec. 501.\1\ The Congress declares that, in view of
changing world conditions and the continued need to make United
States foreign assistance programs an effective implement of
United States foreign policy, there should be a comprehensive
review and reorganization of all United States foreign
assistance programs, including economic development and
technical assistance programs, military assistance and sales
programs, and programs involving contributions and payments by
the United States to international lending institutions and
other international organizations concerned with the
development of friendly foreign countries and areas.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2151 note.
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reappraisal by the president
Sec. 502.\1\ (a) In furtherance of the policy of this part,
the President is requested to make a thorough and comprehensive
reappraisal of United States foreign assistance programs, as
described in section 501, and to submit to the Congress, on or
before March 31, 1970, his recommendations for achieving such
reforms in any reorganization of future foreign assistance
programs as he determines to be necessary and appropriate in
the national interest in the light of such reappraisal. The
President is requested to submit to the Congress, on or before
July 1, 1969, an interim report presenting any preliminary
recommendations formulated by him pursuant to this section.
(b) It is the sense of the Congress that the reappraisal
provided for in subsection (a) should include, but not be
limited to, an analysis and consideration of proposals
concerning the establishment of a Government corporation or a
federally chartered private corporation designed to mobilize
and facilitate the use of United States private capital and
skills in less developed friendly countries and areas,
including whether such corporation should be authorized to--
(1) utilize Government guarantees and funds as well
as private funds;
(2) seek, develop, promote, and underwrite new
investment projects;
(3) assist in transferring skills and technology to
less developed friendly countries and areas; and
(4) invest in the securities of development financing
institutions and assist in the formation and expansion
of local capital markets.
(21) Foreign Assistance Act of 1967
Public Law 90-137 [S. 1872], 81 Stat. 445, approved November 14, 1967
Note.--The Foreign Assistance Act of 1967 consists of
amendments to the Foreign Assistance Act of 1961, the
Joint Resolution to authorize participation by the
United States in parliamentary conferences of the North
Atlantic Treaty Organization, the Act to authorize
participation by the United States in the
Interparliamentary Union, and the Mutual Security Act
of 1954.
(22) Foreign Assistance Act of 1966
Public Law 89-583 [H.R. 15750], 80 Stat. 795, approved September 19,
1966
Note.--The Foreign Assistance Act of 1966 consists
wholly of amendments to the Foreign Assistance Act of
1961, as amended.
(23) Foreign Assistance Act of 1965
Public Law 89-171 [H.R. 7750], 79 Stat. 653, approved September 6, 1965
Note.--Except for Chapter 4, which relates to an
amendment to sec. 107 of the Agricultural Trade
Development and Assistance Act of 1954 (now Food for
Peace Act), the Foreign Assistance Act of 1965 consists
of amendments to the Foreign Assistance Act of 1961, as
amended.
(24) Foreign Assistance Act of 1964
Partial text of Public Law 88-633 [H.R. 11380], 78 Stat. 1009, approved
October 7, 1964
Note.--Except for the provision quoted here, the
Foreign Assistance Act of 1964 consists of amendments
to the Foreign Assistance Act of 1964, the Act to
authorize participation by the United States in the
Interparliamentary Union, and the Mutual Security Act
of 1954.
* * * * * * *
PART V--RELIGIOUS PERSECUTION
Sec. 501.\1\ It is the sense of the Congress that the
United States deeply believes in the freedom of religion for
all people and is opposed to infringement of this freedom
anywhere in the world. The Congress condemns the persecution of
any persons because of their religion. It is further the sense
of Congress that all persons should be permitted the free
exercise of religion and the pursuit of their culture.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2151 note.
(25) Foreign Assistance Act of 1963
Public Law 88-205 [H.R. 7885], 77 Stat. 379, approved December 16, 1963
Note.--The Foreign Assistance Act of 1963 consists of
amendments to the Foreign Assistance Act of 1961, the
Latin American Development Act, the Trade Expansion Act
of 1962, the Agricultural Trade Development and
Assistance Act of 1954 (now Food for Peace Act), the
Foreign Service Act of 1946, the Act to provide certain
basic authority for the Department of State, and the
Act to authorize participation by the United States in
parliamentary conferences of the North Atlantic Treaty
Organization.
(26) Foreign Assistance Act of 1962
Public Law 87-565 [S. 2996], 76 Stat. 255, approved August 1, 1962
Note.--The Foreign Assistance Act of 1962 consists of
amendments to the Foreign Assistance Act of 1961, the
Act to provide certain basic authority for the
Department of State, the Mutual Educational and
Cultural Exchange Act of 1961, and the Act authorizing
participation by the United States in the
Interparliamentary Union.
2. Foreign Assistance Appropriations
a. Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009
Partial text of Public Law 111-8 [division H of the Omnibus
Appropriations Act, 2009; H.R. 1105]; 123 Stat. 524 at 831, approved
March 11, 2009; as amended by Public Law 111-32 [Supplemental
Appropriations Act, 2009; H.R. 2346], 123 Stat. 1859, June 24, 2009
Note.--Fiscal year 2008 appropriations were continued
into fiscal year 2009 in the Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act,
2009 (Public Law 110-329; 122 Stat. 3574; approved
September 30, 2008), as amended, pending final passage
of several annual appropriations bills including
foreign assistance appropriations. Partial text of
Public Law 110-329, as amended, may be found beginning
at page 1222.
AN ACT Making omnibus appropriations for the fiscal year ending
September 30, 2009, 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 ``Omnibus Appropriations Act,
2009''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows: * * *
* * * * * * *
DIVISION H--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2009
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
administration of foreign affairs
diplomatic and consular programs \1\
(including transfer of funds)
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $5,360,318,000, of
which $1,117,000,000 is for Worldwide Security Protection (to
remain available until expended), to be allocated as follows:
---------------------------------------------------------------------------
\1\ Title XI of the Supplemental Appropriations Act, 2009 (Public
Law 111-32; 123 Stat. 1890), provided the following:
---------------------------------------------------------------------------
``DEPARTMENT OF STATE
``Administration of Foreign Affairs
``diplomatic and consular programs
``(including transfer of funds)
---------------------------------------------------------------------------
``For an additional amount for `Diplomatic and Consular Programs',
$997,890,000, to remain available until September 30, 2010, of which
$146,358,000 is for Worldwide Security Protection and shall remain
available until expended: Provided, That the Secretary of State may
transfer up to $137,600,000 of the funds made available under this
heading to any other appropriation of any department or agency of the
United States, upon the concurrence of the head of such department or
agency, to support operations in and assistance for Afghanistan and to
carry out the provisions of the Foreign Assistance Act of 1961:
Provided further, That of the funds appropriated under this heading, up
to $10,000,000 for public diplomacy activities may be transferred to,
and merged with, funds made available under the heading `International
Broadcasting Operations' for broadcasting activities to the Pakistan-
Afghanistan border region.''.
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(1) Human resources.--For necessary expenses for
training, human resources management, and salaries,
including employment without regard to civil service
and classification laws of persons on a temporary basis
(not to exceed $700,000), as authorized by section 801
of the United States Information and Educational
Exchange Act of 1948, $2,118,598,000 to remain
available until September 30, 2010, of which not less
than $130,637,000 shall be available only for public
diplomacy American salaries.
(2) Overseas programs.--For necessary expenses for
the regional bureaus of the Department of State and
overseas activities as authorized by law,
$1,548,617,000, to remain available until September 30,
2010, of which not less than $264,169,000 shall be
available only for public diplomacy international
information programs.
(3) Diplomatic policy and support.--For necessary
expenses for the functional bureaus of the Department
of State including representation to certain
international organizations in which the United States
participates pursuant to treaties ratified pursuant to
the advice and consent of the Senate or specific Acts
of Congress, general administration, and arms control,
nonproliferation and disarmament activities as
authorized, $585,078,000, to remain available until
September 30, 2010.
(4) Security programs.--For necessary expenses for
security activities, $1,108,025,000, to remain
available until September 30, 2010.
(5) Fees and payments collected.--In addition to
amounts otherwise made available under this heading--
(A) not to exceed $1,605,150 shall be derived
from fees collected from other executive
agencies for lease or use of facilities located
at the International Center in accordance with
section 4 of the International Center Act, and,
in addition, as authorized by section 5 of such
Act, $490,000, to be derived from the reserve
authorized by that section, to be used for the
purposes set out in that section;
(B) as authorized by section 810 of the
United States Information and Educational
Exchange Act, not to exceed $6,000,000, to
remain available until expended, may be
credited to this appropriation from fees or
other payments received from English teaching,
library, motion pictures, and publication
programs and from fees from educational
advising and counseling and exchange visitor
programs; and
(C) not to exceed $15,000, which shall be
derived from reimbursements, surcharges and
fees for use of Blair House facilities.
(6) Transfer and reprogramming.--
(A) Notwithstanding any provision of this
Act, funds may be reprogrammed within and
between subsections under this heading subject
to section 7015 of this Act.
(B) Of the amount made available under this
heading, not to exceed $10,000,000 may be
transferred to, and merged with, funds made
available by this Act under the heading
``Emergencies in the Diplomatic and Consular
Service'', to be available only for emergency
evacuations and rewards, as authorized.
(C) Funds appropriated under this heading are
available for acquisition by exchange or
purchase of passenger motor vehicles as
authorized by law and, pursuant to 31 U.S.C.
1108(g), for the field examination of programs
and activities in the United States funded from
any account contained in this title.
civilian stabilization initiative
For necessary expenses to establish, support, maintain,
mobilize, and deploy a civilian response corps in coordination
with the United States Agency for International Development,
and for related reconstruction and stabilization assistance to
prevent or respond to conflict or civil strife in foreign
countries or regions, or to enable transition from such strife,
$45,000,000, to remain available until expended: Provided, That
up to $23,014,000 may be made available in fiscal year 2009 to
provide administrative expenses for the Office of the
Coordinator for Reconstruction and Stabilization: Provided
further, That notwithstanding any other provision of law and
following consultation with the Committees on Appropriations,
the President may exercise transfer authorities contained in
the Foreign Assistance Act of 1961 for reconstruction and
stabilization assistance managed by the Office of the
Coordinator for Reconstruction and Stabilization, United States
Department of State, only to support an actively deployed
civilian response corps, subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That not later than 60 days after enactment of this
Act, the Secretary of State and the Administrator of the United
States Agency for International Development shall submit a
coordinated joint spending plan for funds made available under
this heading and under the heading ``Civilian Stabilization
Initiative'' in title II of this Act.
capital investment fund
For necessary expenses of the Capital Investment Fund,
$71,000,000, to remain available until expended, as authorized:
Provided, That section 135(e) of Public Law 103-236 shall not
apply to funds available under this heading.
office of inspector general \2\
For necessary expenses of the Office of Inspector General,
$37,000,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (Public Law 96-465), as it relates to post
inspections.
---------------------------------------------------------------------------
\2\ Title XI of the Supplemental Appropriations Act, 2009 (Public
Law 111-32; 123 Stat. 1890), provided the following:
---------------------------------------------------------------------------
``office of inspector general
``(including transfer of funds)
---------------------------------------------------------------------------
``For an additional amount for `Office of Inspector General',
$24,122,000, to remain available until September 30, 2010, of which
$7,000,000 shall be transferred to the Special Inspector General for
Iraq Reconstruction for reconstruction oversight, and $7,200,000 shall
be transferred to the Special Inspector General for Afghanistan
Reconstruction for reconstruction oversight: Provided, That the Special
Inspector General for Afghanistan Reconstruction may exercise the
authorities of subsections (b) through (i) of section 3161 of title 5,
United States Code (without regard to subsection (a) of such section)
for funds made available for fiscal years 2009 and 2010: Provided
further, That the Inspector General of the United States Department of
State and the Broadcasting Board of Governors, the Special Inspector
General for Iraq Reconstruction, the Special Inspector General for
Afghanistan Reconstruction, and the Inspector General of the United
States Agency for International Development shall coordinate and
integrate the programming of funds made available under this heading in
fiscal year 2009 for oversight of programs in Afghanistan, Pakistan and
Iraq: Provided further, That the Secretary of State shall submit to the
Committees on Appropriations, within 30 days of completion, the annual
comprehensive audit plan for the Middle East and South Asia developed
by the Southwest Asia Joint Planning Group in accordance with section
842 of Public Law 110-181.''.
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educational and cultural exchange programs \3\
For expenses of educational and cultural exchange programs,
as authorized, $538,000,000, to remain available until
expended: Provided, That not to exceed $5,000,000, to remain
available until expended, may be credited to this appropriation
from fees or other payments received from or in connection with
English teaching, educational advising and counseling programs,
and exchange visitor programs as authorized.
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\3\ Sec. 7019 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included in
the explanatory statement'' issued by the House Committee on
Appropriations in the course of enactment of this Act. See
Congressional Record, February 23, 2009, pages H1653-2088 and H2089-
2599; for allocation of Educational and Cultural Exchange Programs
funds, see p. H2405.
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representation allowances
For representation allowances as authorized, $8,175,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $22,814,000, to remain available until
September 30, 2010.
embassy security, construction, and maintenance \4\
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving,
maintaining, repairing, and planning for buildings that are
owned or directly leased by the Department of State,
renovating, in addition to funds otherwise available, the Harry
S Truman Building, and carrying out the Diplomatic Security
Construction Program as authorized, $801,344,000, to remain
available until expended as authorized, of which not to exceed
$25,000 may be used for domestic and overseas representation as
authorized: Provided, That none of the funds appropriated in
this paragraph shall be available for acquisition of furniture,
furnishings, or generators for other departments and agencies.
---------------------------------------------------------------------------
\4\ Title XI of the Supplemental Appropriations Act, 2009 (Public
Law 111-32; 123 Stat. 1891), provided the following:
---------------------------------------------------------------------------
``embassy security, construction, and maintenance
---------------------------------------------------------------------------
``For an additional amount for `Embassy Security, Construction, and
Maintenance', $921,500,000, to remain available until expended, for
worldwide security upgrades, acquisition, and construction as
authorized, and shall be made available for secure diplomatic
facilities and housing for United States mission staff in Afghanistan
and Pakistan, and for mobile mail screening units.''.
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In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $770,000,000, to
remain available until expended: Provided, That funds made
available by this paragraph may not be obligated until a plan
is submitted to the Committees on Appropriations with the
proposed allocation of funds made available by this Act and by
proceeds of sales for all projects in fiscal year 2009:
Provided further, That the Under Secretary for Management,
United States Department of State, shall consult with the
Committees on Appropriations on a regular and ongoing basis on
the design of any proposed self-financed New Embassy Compound.
In addition, for necessary expenses for overseas facility
construction and related costs for the United States Agency for
International Development, pursuant to section 667 of the
Foreign Assistance Act of 1961, $135,225,000, to remain
available until expended.
emergencies in the diplomatic and consular service
(including transfer of funds)
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $9,000,000, to remain available until
expended as authorized, of which not to exceed $1,000,000 may
be transferred to, and merged with, funds appropriated by this
Act under the heading ``Repatriation Loans Program Account'',
subject to the same terms and conditions.
buying power maintenance account
To offset adverse fluctuations in foreign currency exchange
rates and/or overseas wage and price changes, as authorized by
section 24(b) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2696(b)), $5,000,000, to remain available until
expended.
repatriation loans program account
(including transfer of funds)
For the cost of direct loans, $678,000, as authorized:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, for administrative expenses necessary to carry
out the direct loan program, $675,000, which may be transferred
to, and merged with, funds made available under the heading
``Diplomatic and Consular Programs''.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $16,840,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $157,100,000.
International Organizations
contributions to international organizations \5\
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the
advice and consent of the Senate, conventions or specific Acts
of Congress, $1,529,400,000: Provided, That the Secretary of
State shall, at the time of the submission of the President's
budget to Congress under section 1105(a) of title 31, United
States Code, transmit to the Committees on Appropriations the
most recent biennial budget prepared by the United Nations for
the operations of the United Nations: Provided further, That
the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency,
as far in advance as is practicable) of any United Nations
action to increase funding for any United Nations program
without identifying an offsetting decrease elsewhere in the
United Nations budget: Provided further, That any payment of
arrearages under this title shall be directed toward activities
that are mutually agreed upon by the United States and the
respective international organization: Provided further, That
none of the funds appropriated in this paragraph shall be
available for a United States contribution to an international
organization for the United States share of interest costs made
known to the United States Government by such organization for
loans incurred on or after October 1, 1984, through external
borrowings.
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\5\ 22 U.S.C. 269a note.
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contributions for international peacekeeping activities \6\
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and security,
$1,517,000,000, of which 15 percent shall remain available
until September 30, 2010: Provided, That none of the funds made
available by this Act shall be obligated or expended for any
new or expanded United Nations peacekeeping mission unless, at
least 15 days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an
emergency as far in advance as is practicable): (1) the
Committees on Appropriations are notified of the estimated cost
and length of the mission, the national interest that will be
served, and the planned exit strategy; (2) the Committees on
Appropriations are notified that the United Nations has taken
appropriate measures to prevent United Nations employees,
contractor personnel, and peacekeeping forces serving in any
United Nations peacekeeping mission from trafficking in
persons, exploiting victims of trafficking, or committing acts
of illegal sexual exploitation, and to hold accountable
individuals who engage in such acts while participating in the
peacekeeping mission, including the prosecution in their home
countries of such individuals in connection with such acts; and
(3) notification pursuant to section 7015 of this Act is
submitted, and the procedures therein followed, setting forth
the source of funds that will be used to pay for the cost of
the new or expanded mission: Provided further, That funds shall
be available for peacekeeping expenses only upon a
certification by the Secretary of State to the Committees on
Appropriations that American manufacturers and suppliers are
being given opportunities to provide equipment, services, and
material for United Nations peacekeeping activities equal to
those being given to foreign manufacturers and suppliers.
---------------------------------------------------------------------------
\6\ Title XI of the Supplemental Appropriations Act, 2009 (Public
Law 111-32; 123 Stat. 1891), provided the following:
---------------------------------------------------------------------------
``contributions for international peacekeeping activities
---------------------------------------------------------------------------
``For an additional amount for `Contributions for International
Peacekeeping Activities', $721,000,000, to remain available until
September 30, 2010.''.
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International Commissions \7\
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
---------------------------------------------------------------------------
\7\ 22 U.S.C. 269a note.
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international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as
follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$32,256,000.
construction
For detailed plan preparation and construction of
authorized projects, $43,250,000, to remain available until
expended, as authorized.
american sections, international commissions
For necessary expenses, not otherwise provided,
$11,649,000, of which $7,559,000 is for the International Joint
Commission and $1,970,000 is for the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and
$2,120,000 is for the Border Environment Cooperation Commission
as authorized by Public Law 103-182: Provided, That of the
amount provided under this heading for the International Joint
Commission, $9,000 may be made available for representation
expenses 45 days after submission to the Committees on
Appropriations of a report detailing obligations, expenditures,
and associated activities for fiscal years 2006, 2007, and
2008, including any unobligated funds which expired at the end
of each fiscal year and the justification for why such funds
were not obligated.
international fisheries commissions \8\
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$29,925,000: Provided, That the United States share of such
expenses may be advanced to the respective commissions pursuant
to 31 U.S.C. 3324.
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\8\ Sec. 7019 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included in
the explanatory statement'' issued by the House Committee on
Appropriations in the course of enactment of this Act. See
Congressional Record, February 23, 2009, pages H1653-2088 and H2089-
2599; for allocation of International Fisheries Commissions funds, see
p. H2407.
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RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations \9\
For necessary expenses to enable the Broadcasting Board of
Governors, as authorized, to carry out international
communication activities, including the purchase, rent,
construction, and improvement of facilities for radio and
television transmission and reception and purchase, lease, and
installation of necessary equipment for radio and television
transmission and reception to Cuba, and to make and supervise
grants for radio and television broadcasting to the Middle
East, $698,187,000: Provided, That of the total amount in this
heading, not to exceed $16,000 may be used for official
receptions within the United States as authorized, not to
exceed $35,000 may be used for representation abroad as
authorized, and not to exceed $39,000 may be used for official
reception and representation expenses of Radio Free Europe/
Radio Liberty; and in addition, notwithstanding any other
provision of law, not to exceed $2,000,000 in receipts from
advertising and revenue from business ventures, not to exceed
$500,000 in receipts from cooperating international
organizations, and not to exceed $1,000,000 in receipts from
privatization efforts of the Voice of America and the
International Broadcasting Bureau, to remain available until
expended for carrying out authorized purposes.
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\9\ Sec. 7019 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included in
the explanatory statement'' issued by the House Committee on
Appropriations in the course of enactment of this Act. See
Congressional Record, February 23, 2009, pages H1653-2088 and H2089-
2599; for allocation of International Broadcasting Operations funds,
see p. H2408.
---------------------------------------------------------------------------
broadcasting capital improvements
For the purchase, rent, construction, and improvement of
facilities for radio and television transmission and reception,
and purchase and installation of necessary equipment for radio
and television transmission and reception as authorized,
$11,296,000, to remain available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to the Asia Foundation, as authorized by the
Asia Foundation Act (22 U.S.C. 4402), $16,000,000, to remain
available until expended, as authorized.
United States Institute of Peace
For necessary expenses of the United States Institute of
Peace as authorized in the United States Institute of Peace
Act, $31,000,000, to remain available until September 30, 2010.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, the total amount of the interest
and earnings accruing to such Fund on or before September 30,
2009, to remain available until expended.
Eisenhower Exchange Fellowship Program
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, 2009, 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.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452),
all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 2009, to remain
available until expended.
East-West Center
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to the
Center for Cultural and Technical Interchange Between East and
West in the State of Hawaii, $21,000,000: Provided, That none
of the funds appropriated herein shall be used to pay any
salary, or enter into any contract providing for the payment
thereof, in excess of the rate authorized by 5 U.S.C. 5376.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National
Endowment for Democracy Act, $115,000,000, to remain available
until expended, of which $100,000,000 shall be allocated in the
traditional and customary manner among the core institutes and
$15,000,000 shall be for democracy, human rights, and rule of
law programs, of which $250,000 shall be for programs and
activities in Tibet: Provided, That the President of the
National Endowment for Democracy shall provide to the
Committees on Appropriations not later than 45 days after the
date of enactment of this Act a report on the proposed uses of
funds under this heading on a regional and country basis:
Provided further, That funds made available by this Act for the
promotion of democracy may be made available for the National
Endowment for Democracy notwithstanding any other provision of
law or regulation.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $599,000, as
authorized by section 1303 of Public Law 99-83.
Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (Public Law
105-292), $4,000,000, to remain available until September 30,
2010.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$2,610,000, to remain available until September 30, 2010.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized,
$2,000,000, including not more than $3,000 for the purpose of
official representation, to remain available until September
30, 2010.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic
and Security Review Commission, $4,000,000, including not more
than $4,000 for the purpose of official representation, to
remain available until September 30, 2010: Provided, That the
Commission shall provide to the Committees on Appropriations a
quarterly accounting of the cumulative balances of any
unobligated funds that were received by the Commission during
any previous fiscal year: Provided further, That section 308(e)
of the United States-China Relations Act of 2000 (22 U.S.C.
6918(e)) (relating to the treatment of employees as
Congressional employees), and section 309 of such Act (22
U.S.C. 6919) (relating to printing and binding costs), shall
apply to the Commission in the same manner as such section
applies to the Congressional-Executive Commission on the
People's Republic of China: Provided further, That the
Commission shall comply with chapter 43 of title 5, United
States Code, regarding the establishment and regular review of
employee performance appraisals: Provided further, That the
Commission shall comply with section 4505a of title 5, United
States Code, with respect to limitations on payment of
performance-based cash awards: Provided further, That
compensation for the executive director of the Commission may
not exceed the rate payable for level II of the Executive
Schedule under section 5313 of title 5, United States Code:
Provided further, That travel by members of the Commission and
its staff shall be arranged and conducted under the rules and
procedures applying to travel by members of the House of
Representatives and its staff.
United States Senate-China Interparliamentary Group
salaries and expenses
For necessary expenses of the United States Senate-China
Interparliamentary Group, as authorized under section 153 of
the Consolidated Appropriations Act, 2004 (22 U.S.C. 276n;
Public Law 108-99; 118 Stat. 448), $150,000, to remain
available until September 30, 2010.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses \10\
(including transfer of funds)
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$808,584,000, of which up to $85,000,000 may remain available
until September 30, 2010: Provided, That none of the funds
appropriated under this heading and under the heading ``Capital
Investment Fund'' in this Act may be made available to finance
the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by
the United States Agency for International Development (USAID),
unless the USAID Administrator has identified such proposed
construction (including architect and engineering services),
purchase, or long-term lease of offices in a report submitted
to the Committees on Appropriations at least 15 days prior to
the obligation of funds for such purposes: Provided further,
That the previous proviso shall not apply when the total cost
of construction (including architect and engineering services),
purchase, or long-term lease of offices does not exceed
$1,000,000: Provided further, That contracts or agreements
entered into with funds appropriated under this heading may
entail commitments for the expenditure of such funds through
fiscal year 2010: Provided further, That any decision to open a
new USAID overseas mission or office or, except where there is
a substantial security risk to mission personnel, to close or
significantly reduce the number of personnel of any such
mission or office, shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the authority of sections 610 and 109 of the
Foreign Assistance Act of 1961 may be exercised by the
Secretary of State to transfer funds appropriated to carry out
chapter 1 of part I of such Act to ``Operating Expenses'' in
accordance with the provisions of those sections: Provided
further, That of the funds appropriated or made available under
this heading, not to exceed $250,000 shall be available for
representation and entertainment allowances, of which not to
exceed $5,000 shall be available for entertainment allowances,
for USAID during the current fiscal year: Provided further,
That no such entertainment funds may be used for the purposes
listed in section 7020 of this Act: Provided further, That
appropriate steps shall be taken to assure that, to the maximum
extent possible, United States-owned foreign currencies are
utilized in lieu of dollars.
---------------------------------------------------------------------------
\10\ Title XI of the Supplemental Appropriations Act, 2009 (Public
Law 111-32; 123 Stat. 1891), provided the following:
---------------------------------------------------------------------------
``UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
``Funds Appropriated to the President
``operating expenses
---------------------------------------------------------------------------
``For an additional amount for `Operating Expenses', $157,600,000,
to remain available until September 30, 2010.''.
---------------------------------------------------------------------------
civilian stabilization initiative
For necessary expenses to carry out section 667 of the
Foreign Assistance Act of 1961 for the United States Agency for
International Development (USAID) to establish, support,
maintain, mobilize, and deploy a civilian response corps in
coordination with the Department of State, and for related
reconstruction and stabilization assistance to prevent or
respond to conflict or civil strife in foreign countries or
regions, or to enable transition from such strife, $30,000,000,
to remain available until expended: Provided, That not later
than 60 days after enactment of this Act, the Secretary of
State and the USAID Administrator shall submit a coordinated
joint spending plan for funds made available under this heading
and under the heading ``Civilian Stabilization Initiative'' in
title I of this Act.
capital investment fund \11\
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of 1961,
$35,775,000, to remain available until expended: Provided, That
this amount is in addition to funds otherwise available for
such purposes: Provided further, That funds appropriated under
this heading shall be available for obligation only pursuant to
the regular notification procedures of the Committees on
Appropriations.
---------------------------------------------------------------------------
\11\ Title XI of the Supplemental Appropriations Act, 2009 (Public
Law 111-32; 123 Stat. 1891), provided the following:
---------------------------------------------------------------------------
``capital investment fund
---------------------------------------------------------------------------
``For an additional amount for `Capital Investment Fund',
$48,500,000, to remain available until expended.''.
---------------------------------------------------------------------------
office of inspector general \12\
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961, $42,000,000,
to remain available until September 30, 2010, which sum shall
be available for the Office of the Inspector General of the
United States Agency for International Development.
---------------------------------------------------------------------------
\12\ Title XI of the Supplemental Appropriations Act, 2009 (Public
Law 111-32; 123 Stat. 1891), provided the following:
---------------------------------------------------------------------------
``office of inspector general
---------------------------------------------------------------------------
``For an additional amount for `Office of Inspector General',
$3,500,000, to remain available until September 30, 2010, for oversight
of programs in Afghanistan and Pakistan.''.
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TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 2009,
unless otherwise specified herein, as follows:
global health and child survival \13\
(including transfer of funds)
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $1,955,000,000, to
remain available until September 30, 2010, and which shall be
apportioned directly to the United States Agency for
International Development: Provided, That this amount shall be
made available for such activities as: (1) child survival and
maternal health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and
children, and related education programs; (4) assistance for
children displaced or orphaned by causes other than AIDS; (5)
programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases, and for assistance to communities severely
affected by HIV/AIDS, including children infected or affected
by AIDS; and (6) family planning/reproductive health: Provided
further, That none of the funds appropriated under this
paragraph may be made available for nonproject assistance,
except that funds may be made available for such assistance for
ongoing health activities: Provided further, That of the funds
appropriated under this paragraph, not to exceed $400,000, in
addition to funds otherwise available for such purposes, may be
used to monitor and provide oversight of child survival,
maternal and family planning/reproductive health, and
infectious disease programs: Provided further, That of the
funds appropriated under this paragraph, $75,000,000 should be
made available for a United States contribution to The GAVI
Fund, and up to $5,000,000 may be transferred to, and merged
with, funds appropriated by this Act under the heading
``Operating Expenses'' in title II for costs directly related
to global health, but funds made available for such costs may
not be derived from amounts made available for contributions
under this and preceding provisos: Provided further,\14\ That
none of the funds made available in this Act nor any
unobligated balances from prior appropriations Acts may be made
available to any organization or program which, as determined
by the President of the United States, supports or participates
in the management of a program of coercive abortion or
involuntary sterilization: Provided further, That any
determination made under the previous proviso must be made no
later than 6 months after the date of enactment of this Act,
and must be accompanied by the evidence and criteria utilized
to make the determination: Provided further, That none of the
funds made available under this Act may be used to pay for the
performance of abortion as a method of family planning or to
motivate or coerce any person to practice abortions: Provided
further, That nothing in this paragraph shall be construed to
alter any existing statutory prohibitions against abortion
under section 104 of the Foreign Assistance Act of 1961:
Provided further, That none of the funds made available under
this Act may be used to lobby for or against abortion: Provided
further, That in order to reduce reliance on abortion in
developing nations, funds shall be available only to voluntary
family planning projects which offer, either directly or
through referral to, or information about access to, a broad
range of family planning methods and services, and that any
such voluntary family planning project shall meet the following
requirements: (1) service providers or referral agents in the
project shall not implement or be subject to quotas, or other
numerical targets, of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning (this provision shall not be construed to
include the use of quantitative estimates or indicators for
budgeting and planning purposes); (2) the project shall not
include payment of incentives, bribes, gratuities, or financial
reward to: (A) an individual in exchange for becoming a family
planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of
family planning acceptors, or acceptors of a particular method
of family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall provide
family planning acceptors comprehensible information on the
health benefits and risks of the method chosen, including those
conditions that might render the use of the method inadvisable
and those adverse side effects known to be consequent to the
use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical
procedures are provided only in the context of a scientific
study in which participants are advised of potential risks and
benefits; and, not less than 60 days after the date on which
the Administrator of the United States Agency for International
Development determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations
a report containing a description of such violation and the
corrective action taken by the Agency: Provided further, That
in awarding grants for natural family planning under section
104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning;
and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or
appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it
relates to family planning assistance, shall not be construed
to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options: Provided
further, That information provided about the use of condoms as
part of projects or activities that are funded from amounts
appropriated by this Act shall be medically accurate and shall
include the public health benefits and failure rates of such
use.
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\13\ Sec. 7019 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included in
the explanatory statement'' issued by the House Committee on
Appropriations in the course of enactment of this Act. See
Congressional Record, February 23, 2009, pages H1653-2088 and H2089-
2599; for allocation of Global Health and Child Survival funds, see p.
H2409.
Title XI of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1892), provided the following:
---------------------------------------------------------------------------
``BILATERAL ECONOMIC ASSISTANCE
``Funds Appropriated to the President
``global health and child survival
---------------------------------------------------------------------------
``For an additional amount for `Global Health and Child Survival',
$150,000,000, to remain available until September 30, 2010: Provided,
That $50,000,000 shall be made available for pandemic preparedness and
response: Provided further, That $100,000,000 shall be made available,
notwithstanding any other provision of law, except for the United
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of
2003 (Public Law 108-25), for a United States contribution to the
Global Fund to Fight AIDS, Tuberculosis and Malaria: Provided further,
That notwithstanding any other provision of law, to include minimum
funding requirements or funding directives, if the President determines
and reports to the Committees on Appropriations that the human-to-human
transmission of the H1N1 virus is efficient and sustained, severe, and
is spreading internationally, funds made available under the headings
`Global Health and Child Survival', `Development Assistance', `Economic
Support Fund', and `Millennium Challenge Corporation' in prior Acts
making appropriations for the Department of State, foreign operations,
and related programs may be made available to combat the H1N1 virus:
Provided further, That funds made available pursuant to the authority
of the previous proviso shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.''.
\14\ This proviso is popularly referred to as the Kemp-Kasten
amendment.
---------------------------------------------------------------------------
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $5,159,000,000, to remain available until expended, and
which shall be apportioned directly to the Department of State:
Provided, That of the funds appropriated under this paragraph,
not less than $600,000,000 shall be made available,
notwithstanding any other provision of law, except for the
United States Leadership Against HIV/AIDS, Tuberculosis and
Malaria Act of 2003 (Public Law 108-25),\15\ as amended, for a
United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria, and shall be expended at the minimum
rate necessary to make timely payment for projects and
activities: Provided further, That up to 5 percent of the
aggregate amount of funds made available to the Global Fund in
fiscal year 2009 may be made available to the United States
Agency for International Development for technical assistance
related to the activities of the Global Fund: Provided further,
That of the funds appropriated under this paragraph, up to
$14,000,000 may be made available, in addition to amounts
otherwise available for such purposes, for administrative
expenses of the Office of the Global AIDS Coordinator.
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\15\ For text of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), see page
657.
---------------------------------------------------------------------------
development assistance \16\
For necessary expenses to carry out the provisions of
sections 103, 105, 106, and sections 251 through 255, and
chapter 10 of part I of the Foreign Assistance Act of 1961,
$1,800,000,000, to remain available until September 30, 2010:
Provided, That of the funds appropriated under this heading
that are made available for assistance programs for displaced
and orphaned children and victims of war, not to exceed
$44,000, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of such
programs: Provided further, That of the funds appropriated by
this Act and prior Acts for fiscal year 2009, not less than
$245,000,000 shall be made available for microenterprise and
microfinance development programs for the poor, especially
women: Provided further, That of the funds appropriated under
this heading, not less than $22,500,000 shall be made available
for the American Schools and Hospitals Abroad program: Provided
further, That of the funds appropriated under this heading,
$10,000,000 shall be made available for cooperative development
programs within the Office of Private and Voluntary
Cooperation: Provided further, That of the funds appropriated
by this Act and prior Acts for fiscal year 2009, not less than
$300,000,000 shall be made available for water and sanitation
supply projects pursuant to the Senator Paul Simon Water for
the Poor Act of 2005 (Public Law 109-121), of which not less
than $125,000,000 should be made available for such projects in
Africa: Provided further, That of the funds appropriated by
title III of this Act, not less than $375,000,000 shall be made
available for agricultural development programs, of which not
less than $29,000,000 shall be made available for Collaborative
Research Support Programs: Provided further, That of the funds
appropriated under this heading, $75,000,000 shall be made
available to enhance global food security, including for local
or regional purchase and distribution of food, in addition to
funds otherwise made available for such purposes, and
notwithstanding any other provision of law: Provided further,
That prior to the obligation of funds pursuant to the previous
proviso and after consultation with other relevant Federal
departments and agencies, the Committees on Appropriations, and
relevant nongovernmental organizations, the Administrator of
the United States Agency for International Development shall
submit to the Committees on Appropriations a strategy for
achieving the goals of funding for global food security
programs, specifying the intended country beneficiaries,
amounts of funding, types of activities to be funded, and
expected quantifiable results: Provided further, That of the
funds appropriated under this heading for agricultural
development programs, not less than $7,000,000 shall be made
available for a United States contribution to the endowment of
the Global Crop Diversity Trust pursuant to section 3202 of
Public Law 110-246: Provided further, That of the funds
appropriated under this heading, not less than $15,000,000
shall be made available for programs to improve women's
leadership capacity in recipient countries.
---------------------------------------------------------------------------
\16\ Sec. 7019 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included in
the explanatory statement'' issued by the House Committee on
Appropriations in the course of enactment of this Act. See
Congressional Record, February 23, 2009, pages H1653-2088 and H2089-
2599; for allocation of Development Assistance funds, see p. H2410.
---------------------------------------------------------------------------
international disaster assistance \17\
For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $350,000,000, to remain available
until expended.
---------------------------------------------------------------------------
\17\ Title XI of the Supplemental Appropriations Act, 2009 (Public
Law 111-32; 123 Stat. 1892), provided the following:
---------------------------------------------------------------------------
``international disaster assistance
---------------------------------------------------------------------------
``For an additional amount for `International Disaster Assistance',
$270,000,000, to remain available until expended.''.
---------------------------------------------------------------------------
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, $50,000,000,
to remain available until expended, to support transition to
democracy and to long-term development of countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a
report to the Committees on Appropriations at least 5 days
prior to beginning a new program of assistance: Provided
further, That if the President determines that it is important
to the national interests of the United States to provide
transition assistance in excess of the amount appropriated
under this heading, up to $15,000,000 of the funds appropriated
by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made
available subject to prior consultation with the Committees on
Appropriations.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development, as
authorized by sections 256 and 635 of the Foreign Assistance
Act of 1961, up to $25,000,000 may be derived by transfer from
funds appropriated by this Act to carry out part I of such Act
and under the heading ``Assistance for Europe, Eurasia and
Central Asia'': Provided, That funds provided under this
paragraph and funds provided as a gift pursuant to section
635(d) of the Foreign Assistance Act of 1961 shall be made
available only for micro and small enterprise programs, urban
programs, and other programs which further the purposes of part
I of such Act: Provided further, That such costs, including the
cost of modifying such direct and guaranteed loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974,
as amended: Provided further, That funds made available by this
paragraph may be used for the cost of modifying any such
guaranteed loans under this Act or prior Acts, and funds used
for such costs shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the provisions of section 107A(d) (relating to
general provisions applicable to the Development Credit
Authority) of the Foreign Assistance Act of 1961, as contained
in section 306 of H.R. 1486 as reported by the House Committee
on International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this
heading: \18\ Provided further, That these funds are available
to subsidize total loan principal, any portion of which is to
be guaranteed, of up to $700,000,000.
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\18\ Sec. 306 of H.R. 1486, as reported by the Committee on
International Relations, May 9, 1997 (H. Rept. 105-94), sought to amend
the Foreign Assistance Act of 1961 by adding a new sec. 107A to
establish the President's authority to use development credit authority
where recipients would otherwise not have access to such credit and
that credit would be in keeping with U.S. development purposes. Sec.
107A(d), as referred to in the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2005, would have provided the
following, if enacted:
``(d) General Provisions Applicable to Development Credit
Authority.--
---------------------------------------------------------------------------
``(1) Policy provisions.--In providing the credit assistance authorized
by this section, the President should apply, as appropriate, the policy
provisions in this part applicable to development assistance activities.
``(2) Default and procurement provisions.--
``(A) Default provision.--The provisions of section 620(q) of this Act,
or any comparable provisions of law, shall not be construed to prohibit
assistance to a country in the event that a private sector recipient of
assistance furnished under this section is in default in its payment to the
United States for the period specified in such section.
``(B) Procurement provision.--Assistance may be provided under this
section without regard to section 604(a) of this Act.
``(3) Terms and conditions of credit assistance.--(A) Assistance provided
under this section shall be offered on such terms and conditions, including
fees charged, as the President may determine.
``(B) The principal amount of loans made or guaranteed under this section
in any fiscal year, with respect to any single country or borrower, may not
exceed $100,000,000.
``(C) No payment may be made under any guarantee issued under this
section for any loss arising out of fraud or misrepresentation for which
the party seeking payment is responsible.
``(4) Full faith and credit.--All guarantees issued under this section
shall constitute obligations, in accordance with the terms of such
guarantees, of the United States of America and the full faith and credit
of the United States of America is hereby pledged for the full payment and
performance of such obligations to the extent of the guarantee.
``(5) Co-financing and risk sharing.--
``(A) In general.--(i) Assistance provided under this section shall be in
the form of co-financing or risk sharing.
``(ii) Credit assistance may not be provided to a borrower under this
section unless the Administrator of the United States Agency for
International Development determines that there are reasonable prospects of
repayment by such borrower.
``(B) Additional requirement.--The investment or risk of the United
States in any one development activity may not exceed 80 percent of the
total outstanding investment or risk.
``(6) Eligible borrowers.--
``(A) In general.--In order to be eligible to receive credit assistance
under this section, a borrower shall be sufficiently credit worthy so that
the estimated costs (as defined in section 502 of the Federal Credit Reform
Act of 1990) of the proposed credit assistance for the borrower does not
exceed 30 percent of the principal amount of credit assistance to be
received.
``(B) Additional requirement.--(i) In addition, with respect to the
eligibility of foreign governments as an eligible borrowers under this
section, the Administrator of the United States Agency for International
Development shall make a determination that the additional debt of the
government will not exceed the debt repayment capacity of the government.
``(ii) In making the determination under clause (i), the Administrator
shall consult, as appropriate, with international financial institutions
and other institutions or agencies that assess debt service capacity.
``(7) Assessment of credit risk.--(A) The Administrator of the United
States Agency for International Development shall use the Interagency
Country Risk Assessment System (ICRAS) and the methodology approved by the
Office of Management and Budget to assess the cost of risk credit
assistance provided under this section to foreign governments.
``(B) With respect to the provision of credit to nongovernmental
organizations, the Administrator--
``(i) shall consult with appropriate private sector institutions,
including the two largest United States private sector debt rating
agencies, prior to establishing the risk assessment standards and
methodologies to be used; and
``(ii) shall periodically consult with such institutions in reviewing the
performance of such standards and methodologies.
``(C) In addition, if the anticipated share of financing attributable to
public sector owned or controlled entities, including the United States
Agency for International Development, exceeds 49 percent, the Administrator
shall determine the cost (as defined in section 502(5) of the Federal
Credit Reform Act of 1990) of such assistance by using the cost and risk
assessment determinations of the private sector co-financing entities.
``(8) Use of united states technology, firms, and equipment.--Activities
financed under this section shall, to the maximum extent practicable, use
or employ United States technology, firms, and equipment.''.
In addition, for administrative expenses to carry out
credit programs administered by the United States Agency for
International Development, $8,000,000, which may be transferred
to, and merged with, funds made available under the heading
``Operating Expenses'' in title II of this Act: Provided, That
funds made available under this heading shall remain available
until September 30, 2011.
economic support fund \19\
(including transfer of funds)
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$3,007,000,000, to remain available until September 30, 2010:
Provided, That of the funds appropriated under this heading,
$200,000,000 shall be available only for Egypt, which sum shall
be provided on a grant basis, and of which sum cash transfer
assistance shall be provided with the understanding that Egypt
will undertake significant economic and democratic reforms
which are additional to those which were undertaken in previous
fiscal years: Provided further, That of the funds appropriated
under this heading for assistance for Egypt, not less than
$20,000,000 \20\ shall be made available for democracy, human
rights and governance programs, and not less than $35,000,000
shall be made available for education programs, of which not
less than $10,000,000 is for scholarships for Egyptian students
with high financial need: Provided further, That $11,000,000 of
the funds appropriated under this heading should be made
available for Cyprus to be used only for scholarships,
administrative support of the scholarship program, bicommunal
projects, and measures aimed at reunification of the island and
designed to reduce tensions and promote peace and cooperation
between the two communities on Cyprus: Provided further, That
of the funds appropriated under this heading, not less than
$263,547,000 shall be made available for assistance for Jordan:
Provided further, That of the funds appropriated under this
heading not more than $75,000,000 may be made available for
assistance for the West Bank and Gaza, of which not to exceed
$2,000,000 may be used for administrative expenses of the
United States Agency for International Development (USAID), in
addition to funds otherwise available for such purposes, to
carry out programs in the West Bank and Gaza: Provided further,
That $67,500,000 of the funds appropriated under this heading
shall be made available for assistance for Lebanon, of which
not less than $10,000,000 shall be made available for
educational scholarships for students in Lebanon with high
financial need: Provided further, That $200,000,000 of the
funds made available for assistance for Afghanistan under this
heading may be obligated for such assistance only after the
Secretary of State certifies to the Committees on
Appropriations that the Government of Afghanistan at both the
national and provincial level is cooperating fully with United
States-funded poppy eradication and interdiction efforts in
Afghanistan: Provided further, That the President may waive the
previous proviso if the President determines and reports to the
Committees on Appropriations that to do so is in the national
security interests of the United States: Provided further, That
of the funds appropriated under this heading, $200,000,000
shall be apportioned directly to USAID for alternative
development/institution building programs in Colombia: Provided
further, That of the funds appropriated under this heading that
are available for Colombia, not less than $3,500,000 shall be
transferred to, and merged with, funds appropriated under the
heading ``Migration and Refugee Assistance'' and shall be made
available only for assistance to nongovernmental organizations
that provide emergency relief aid to Colombian refugees in
neighboring countries.
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\19\ Sec. 7019 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included in
the explanatory statement'' issued by the House Committee on
Appropriations in the course of enactment of this Act. See
Congressional Record, February 23, 2009, pages H1653-2088 and H2089-
2599; for allocation of Economic Support Funds, see p. H2412.
Title XI of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1892), provided the following:
---------------------------------------------------------------------------
``economic support fund
``(including transfer of funds)
---------------------------------------------------------------------------
``For an additional amount for `Economic Support Fund',
$2,973,601,000, to remain available until September 30, 2010: Provided,
That of the funds made available under this heading for assistance for
the West Bank and Gaza, $2,000,000 shall be transferred to, and merged
with, funds available under the heading `United States Agency for
International Development, Funds Appropriated to the President, Office
of Inspector General' to conduct oversight of programs in the West Bank
and Gaza: Provided further, That of the amounts made available for
assistance for the West Bank and Gaza, not more than $200,000,000 may
be made available for cash transfer assistance to the Palestinian
Authority: Provided further, That none of the funds made available
under this heading for cash transfer assistance to the Palestinian
Authority may be obligated for salaries of personnel of the Palestinian
Authority located in Gaza: Provided further, That of the funds
appropriated under this heading, up to $10,000,000 may be made
available for humanitarian assistance in Burma for individuals and
communities impacted by Cyclone Nargis, notwithstanding any other
provision of law: Provided further, That of the funds appropriated
under this heading for assistance for Afghanistan and Pakistan,
assistance may be provided notwithstanding any provision of law that
restricts assistance to foreign countries for cross border
stabilization and development programs between Afghanistan and Pakistan
or between either country and the Central Asian republics, and shall be
administered by the Special Representative for Afghanistan and Pakistan
at the Department of State: Provided further, That none of the funds
appropriated in this title for democracy and civil society programs may
be made available for the construction of facilities in the United
States.''.
\20\ Sec. 1115(a) of the Supplemental Appropriations Act, 2009
(Public Law 111-32; 123 Stat. 1905) struck out ``up to $20,000,000''
and inserted in lieu thereof ``not less than $20,000,000''.
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democracy fund
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the promotion of
democracy globally, $116,000,000, to remain available until
September 30, 2011, of which not less than $74,000,000 shall be
made available for the Human Rights and Democracy Fund of the
Bureau of Democracy, Human Rights and Labor, Department of
State, and not less than $37,000,000 shall be made available
for the Office of Democracy and Governance of the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United States
Agency for International Development.
(b) Of the funds appropriated under this heading that are
made available to the Bureau of Democracy, Human Rights and
Labor, not less than $17,000,000 shall be made available for
the promotion of democracy in the People's Republic of China,
Hong Kong, and Taiwan, and not less than $6,500,000 shall be
made available for the promotion of democracy in countries
located outside the Middle East region with a significant
Muslim population, and where such programs and activities would
be important to respond to, deter, or prevent extremism:
Provided, That assistance for Taiwan should be matched from
sources other than the United States Government.
(c) Of the funds appropriated under this heading that are
made available to the Bureau for Democracy, Conflict, and
Humanitarian Assistance, not less than $19,500,000 shall be
made available for the Elections and Political Process Fund,
$7,500,000 shall be made available for international labor
programs, and not less than $10,000,000 shall be made available
to provide institutional and core support for organizations
that promote human rights, independent media and the rule of
law.
(d) Funds appropriated by this Act that are made available
for the promotion of democracy may be made available
notwithstanding any other provision of law. Funds appropriated
under this heading are in addition to funds otherwise made
available for such purposes.
(e) For the purposes of funds appropriated by this Act, the
term ``promotion of democracy'' means programs that support
good governance, human rights, independent media, and the rule
of law, and otherwise strengthen the capacity of democratic
political parties, governments, nongovernmental organizations
and institutions, and citizens to support the development of
democratic states, institutions, and practices that are
responsive and accountable to citizens.
(f) Any contract, grant, or cooperative agreement (or any
amendment to any contract, grant, or cooperative agreement) in
excess of $1,000,000 of funds under this heading, and in excess
of $2,500,000 under other headings in this Act, for the
promotion of democracy, with the exception of programs and
activities of the National Endowment for Democracy, shall be
subject to the regular notification procedures of the
Committees on Appropriations.
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,
$15,000,000, which shall be available for the United States
contribution to the International Fund for Ireland and shall be
made available in accordance with the provisions of the Anglo-
Irish Agreement Support Act of 1986 (Public Law 99-415): \21\
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, 2010.
---------------------------------------------------------------------------
\21\ For text, see Legislation on Foreign Relations Through 2008,
vol. I-B.
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assistance for europe, eurasia and central asia \22\
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961, the FREEDOM Support Act, and
the Support for East European Democracy (SEED) Act of 1989,\23\
$650,000,000, to remain available until September 30, 2010,
which shall be available, notwithstanding any other provision
of law, for assistance and for related programs for countries
identified in section 3 of the FREEDOM Support Act and section
3(c) of the SEED Act: Provided, That 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: Provided further, That
notwithstanding any provision of this or any other Act, funds
appropriated in prior years under the headings ``Independent
States of the Former Soviet Union'' and similar headings and
``Assistance for Eastern Europe and the Baltic States'' and
similar headings, and currencies generated by or converted from
such funds, shall be available for use in any country for which
funds are made available under this heading without regard to
the geographic limitations of the heading under which such
funds were originally appropriated: Provided further, That
funds made available for the Southern Caucasus region may be
used for confidence-building measures and other activities in
furtherance of the peaceful resolution of conflicts, including
in Nagorno-Karabagh.
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\22\ Sec. 7019 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included in
the explanatory statement'' issued by the House Committee on
Appropriations in the course of enactment of this Act. See
Congressional Record, February 23, 2009, pages H1653-2088 and H2089-
2599; for allocation of Assistance for Europe, Eurasia and Central
Asia, see p. H2415.
Title XI of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1893), provided the following:
---------------------------------------------------------------------------
``assistance for europe, eurasia and central asia
---------------------------------------------------------------------------
``For an additional amount for `Assistance for Europe, Eurasia and
Central Asia', $272,000,000, to remain available until September 30,
2010, of which $242,000,000 shall be available for assistance for
Georgia: Provided, That funds appropriated under this heading may be
made available for assistance for other Eurasian countries to meet
unanticipated requirements only if the Secretary of State determines
and reports to the Committees on Appropriations that to do so is in the
national security interests of the United States: Provided further,
That of the funds appropriated under this heading, $30,000,000 may be
made available for assistance for the Kyrgyz Republic to provide a
long-range air traffic control and safety system to support air
operations in the Kyrgyz Republic, including at Manas International
Airport, notwithstanding any other provision of law: Provided further,
That funds appropriated under this heading shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.''.
\23\ For text of the SEED Act (Public Law 101-179) and FREEDOM
Support Act (Public Law 102-511), see Legislation on Foreign Relations
Through 2008, vol. I-B.
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Department of State
international narcotics control and law enforcement \24\
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $875,000,000, to remain
available until September 30, 2010: Provided, That during
fiscal year 2009, the Department of State may also use the
authority of section 608 of the Foreign Assistance Act of 1961,
without regard to its restrictions, to receive excess property
from an agency of the United States Government for the purpose
of providing it to a foreign country or international
organization under chapter 8 of part I of that Act subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of State
shall provide to the Committees on Appropriations not later
than 45 days after the date of the enactment of this Act and
prior to the initial obligation of funds appropriated under
this heading, a report on the proposed uses of all funds under
this heading on a country-by-country basis for each proposed
program, project, or activity: Provided further, That none of
the funds appropriated under this heading for assistance for
Afghanistan may be made available for eradication programs
through the aerial spraying of herbicides unless the Secretary
of State determines and reports to the Committees on
Appropriations that the President of Afghanistan has requested
assistance for such aerial spraying programs for
counternarcotics or counterterrorism purposes: Provided
further, That in the event the Secretary of State makes a
determination pursuant to the previous proviso, the Secretary
shall consult with the Committees on Appropriations prior to
the obligation of funds for such eradication programs: Provided
further, That of the funds appropriated under this heading,
$5,000,000 should be made available to combat piracy of United
States copyrighted materials, consistent with the requirements
of section 688(a) and (b) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008
(division J of Public Law 110-161): Provided further, That none
of the funds appropriated under this heading for assistance for
Colombia shall be made available for budget support or as cash
payments: Provided further, That of the funds appropriated
under this heading for administrative expenses, ten percent
shall be withheld from obligation until the Secretary of State
submits a report to the Committees on Appropriations detailing
all salaries funded under this heading in fiscal years 2007 and
2008, and such salaries proposed in fiscal year 2009.
---------------------------------------------------------------------------
\24\ Title XI of the Supplemental Appropriations Act, 2009 (Public
Law 111-32; 123 Stat. 1893), provided the following:
---------------------------------------------------------------------------
``Department of State
``international narcotics control and law enforcement
---------------------------------------------------------------------------
``For an additional amount for `International Narcotics Control and
Law Enforcement', $487,500,000, to remain available until September 30,
2010: Provided, That not less than $160,000,000 shall be made available
for assistance for Mexico to combat drug trafficking and related
violence and organized crime, and for judicial reform, institution
building, anti-corruption, and rule of law activities: Provided
further, That funds made available pursuant to the previous proviso
shall be made available subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations,
except that notifications shall be transmitted at least 5 days in
advance of the obligation of any funds appropriated under this heading:
Provided further, That none of the funds appropriated in this title may
be made available for the cost of fuel for aircraft provided to Mexico,
or for operations and maintenance of aircraft purchased by the
Government of Mexico: Provided further, That in order to enhance border
security and cooperation in law enforcement efforts between Mexico and
the United States, funds appropriated in this title that are available
for assistance for Mexico may be made available for the procurement of
law enforcement communications equipment only if such equipment
utilizes open standards and is compatible with, and capable of
operating with, radio communications systems and related equipment
utilized by Federal law enforcement agencies in the United States to
enhance border security and cooperation in law enforcement efforts
between Mexico and the United States.''.
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andean counterdrug programs \25\
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, $315,000,000,
to remain available until September 30, 2010: Provided, That
the Secretary of State, in consultation with the Administrator
of the United States Agency for International Development
(USAID), 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 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 funds appropriated under
this heading that are made available for assistance for the
Bolivian military and police may be made available for such
purposes only if the Secretary of State certifies to the
Committees on Appropriations that the Bolivian military and
police are respecting internationally recognized human rights
and cooperating fully with investigations and prosecutions by
civilian judicial authorities of military and police personnel
who have been credibly alleged to have violated such rights:
Provided further, That of the funds appropriated under this
heading, not more than $16,730,000 may be available for
administrative expenses of the Department of State, and not
more than $8,000,000 of the funds made available for
alternative development/institution building programs under the
heading ``Economic Support Fund'' in this Act may be available,
in addition to amounts otherwise available for such purposes,
for administrative expenses of USAID.
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\25\ Sec. 7019 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included in
the explanatory statement'' issued by the House Committee on
Appropriations in the course of enactment of this Act. See
Congressional Record, February 23, 2009, pages H1653-2088 and H2089-
2599; for allocation of Andean Counterdrug Progams funds, see p. H2415.
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nonproliferation, anti-terrorism, demining and related programs \26\
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$525,000,000, to carry out the provisions of chapter 8 of part
II of the Foreign Assistance Act of 1961 for anti-terrorism
assistance, chapter 9 of part II of the Foreign Assistance Act
of 1961, section 504 of the FREEDOM Support Act, section 23 of
the Arms Export Control Act or the Foreign Assistance Act of
1961 for demining activities, the clearance of unexploded
ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United
States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission: Provided, That of this amount
not to exceed $41,000,000, to remain available until expended,
may be made available for the Nonproliferation and Disarmament
Fund, notwithstanding any other provision of law, to promote
bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such
funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of
the United States to do so: Provided further, That funds
appropriated under this heading may be made available for IAEA
only if the Secretary of State determines (and so reports to
the Congress) that Israel is not being denied its right to
participate in the activities of that Agency: Provided further,
That of the funds appropriated under this heading, not more
than $750,000 may be made available for public-private
partnerships for conventional weapons and mine action by grant,
cooperative agreement or contract: Provided further, That of
the funds made available for demining and related activities,
not to exceed $700,000, in addition to funds otherwise
available for such purposes, may be used for administrative
expenses related to the operation and management of the
demining program: Provided further, That funds appropriated
under this heading that are available for ``Anti-terrorism
Assistance'' and ``Export Control and Border Security'' shall
remain available until September 30, 2010.
---------------------------------------------------------------------------
\26\ Sec. 7019 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included in
the explanatory statement'' issued by the House Committee on
Appropriations in the course of enactment of this Act. See
Congressional Record, February 23, 2009, pages H1653-2088 and H2089-
2599; for allocation of Nonproliferation, Anti-terrorism, Demining, and
Related Programs funds, see p. H2416.
Title XI of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1894), provided the following:
---------------------------------------------------------------------------
``nonproliferation, anti-terrorism, demining and related programs
---------------------------------------------------------------------------
``For an additional amount for `Nonproliferation, Anti-Terrorism,
Demining and Related Programs', $102,000,000, to remain available until
September 30, 2010, of which up to $77,000,000 may be made available
for the Nonproliferation and Disarmament Fund, notwithstanding any
other provision of law, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament and weapons
destruction, and shall remain available until expended: Provided, That
funds made available for the Nonproliferation and Disarmament Fund
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided
further, That the Secretary of State shall work assiduously to
facilitate the regular flow of people and licit goods in and out of
Gaza at established border crossings.''.
---------------------------------------------------------------------------
migration and refugee assistance \27\
For necessary expenses, not otherwise provided for, to
enable the Secretary of State to provide, as authorized by law,
a contribution to the International Committee of the Red Cross,
assistance to refugees, including contributions to the
International Organization for Migration and the United Nations
High Commissioner for Refugees, and other activities to meet
refugee and migration needs; salaries and expenses of personnel
and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of
title 5, United States Code; purchase and hire of passenger
motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $931,000,000, to remain available
until expended, of which not less than $30,000,000 shall be
made available for refugees resettling in Israel.
---------------------------------------------------------------------------
\27\ Title XI of the Supplemental Appropriations Act, 2009 (Public
Law 111-32; 123 Stat. 1894), provided the following:
---------------------------------------------------------------------------
``migration and refugee assistance
---------------------------------------------------------------------------
``For an additional amount for `Migration and Refugee Assistance',
$390,000,000, to remain available until expended.''.
---------------------------------------------------------------------------
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)), $40,000,000, to remain
available until expended.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612),\28\ including the purchase of
not to exceed five passenger motor vehicles for administrative
purposes for use outside of the United States, $340,000,000 to
remain available until September 30, 2010: Provided, That none
of the funds appropriated under this heading shall be used to
pay for abortions: Provided further, That the Director of the
Peace Corps may transfer to the Foreign Currency Fluctuations
Account, as authorized by 22 U.S.C. 2515, an amount not to
exceed $4,000,000: Provided further, That funds transferred
pursuant to the previous proviso may not be derived from
amounts made available for Peace Corps overseas operations:
Provided further, That of the funds appropriated under this
heading, not to exceed $4,000 shall be made available for
entertainment expenses: Provided further, That any decision to
open a new domestic office or to close, or significantly reduce
the number of personnel of, any office, shall be subject to the
regular notification procedures of the Committees on
Appropriations.
---------------------------------------------------------------------------
\28\ The Peace Corps Act, as amended (Public Law 87-293), may be
found in Legislation on Foreign Relations Through 2008, vol. I-B.
---------------------------------------------------------------------------
millennium challenge corporation
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003,\29\ $875,000,000 to remain
available until expended: Provided, That of the funds
appropriated under this heading, up to $95,000,000 may be
available for administrative expenses of the Millennium
Challenge Corporation (the Corporation): Provided further, That
up to 10 percent of the funds appropriated under this heading
may be made available to carry out the purposes of section 616
of the Millennium Challenge Act of 2003 for candidate countries
for fiscal year 2009: Provided further, That none of the funds
available to carry out section 616 of such Act may be made
available until the Chief Executive Officer of the Corporation
provides a report to the Committees on Appropriations listing
the candidate countries that will be receiving assistance under
section 616 of such Act, the level of assistance proposed for
each such country, a description of the proposed programs,
projects and activities, and the implementing agency or
agencies of the United States Government: Provided further,
That section 605(e)(4) of the Millennium Challenge Act of 2003
shall apply to funds appropriated under this heading: Provided
further, That funds appropriated under this heading may be made
available for a Millennium Challenge Compact entered into
pursuant to section 609 of the Millennium Challenge Act of 2003
only if such Compact obligates, or contains a commitment to
obligate subject to the availability of funds and the mutual
agreement of the parties to the Compact to proceed, the entire
amount of the United States Government funding anticipated for
the duration of the Compact: Provided further, That the
Corporation should reimburse the United States Agency for
International Development (USAID) for all expenses incurred by
USAID with funds appropriated under this heading in assisting
the Corporation in carrying out the Millennium Challenge Act of
2003 (22 U.S.C. 7701 et seq.), including administrative costs
for compact development, negotiation, and implementation:
Provided further, That of the funds appropriated under this
heading, not to exceed $100,000 shall be available for
representation and entertainment allowances, of which not to
exceed $5,000 shall be available for entertainment allowances.
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\29\ For text of the Millennium Challenge Act of 2003 (Public Law
108-199), see page 623.
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inter-american foundation
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions of
section 401 of the Foreign Assistance Act of 1969,\30\
$22,500,000, to remain available until September 30, 2010:
Provided, That of the funds appropriated under this heading,
not to exceed $3,000 shall be available for entertainment and
representation allowances.
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\30\ For text, see page 1083.
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african development foundation
For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of 1980
(Public Law 96-533),\31\ $32,500,000, to remain available until
September 30, 2010: Provided, That funds made available to
grantees may be invested pending expenditure for project
purposes when authorized by the Board of Directors of the
Foundation: Provided further, That interest earned shall be
used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the
African Development Foundation Act,\32\ in exceptional
circumstances the Board of Directors of the Foundation may
waive the $250,000 limitation contained in that section with
respect to a project and a project may exceed the limitation by
up to $10,000 if the increase is due solely to foreign currency
fluctuation: Provided further, That the Foundation shall
provide a report to the Committees on Appropriations after each
time such waiver authority is exercised.
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\31\ For text, see page 1016.
\32\ For text of the African Development Foundation Act, see
Legislation on Foreign Relations Through 2008, vol. I-B.
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Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961, $25,000,000,
to remain available until September 30, 2011, which shall be
available notwithstanding any other provision of law.
debt restructuring
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for programs
within the International Affairs Budget Function 150, including
the cost of selling, reducing, or canceling amounts owed to the
United States as a result of concessional loans made to
eligible countries, pursuant to parts IV and V of the Foreign
Assistance Act of 1961, of modifying concessional credit
agreements with least developed countries, as authorized under
section 411 of the Agricultural Trade Development and
Assistance Act of 1954,\33\ as amended, of concessional loans,
guarantees and credit agreements, as authorized under section
572 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees made
pursuant to the Export-Import Bank Act of 1945, by countries
that are eligible for debt reduction pursuant to title V of
H.R. 3425 as enacted into law by section 1000(a)(5) of Public
Law 106-113,\33\ $60,000,000, to remain available until
September 30, 2011: Provided, That not less than $20,000,000 of
the funds appropriated under this heading shall be made
available to carry out the provisions of part V of the Foreign
Assistance Act of 1961: Provided further, That amounts paid to
the HIPC Trust Fund may be used only to fund debt reduction
under the enhanced HIPC initiative by--
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\33\ For text, see Legislation on Foreign Relations Through 2008,
vol. I-B.
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(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic
Integration:
Provided further, That funds may not be paid to the HIPC Trust
Fund for the benefit of any country if the Secretary of State
has credible evidence that the government of such country is
engaged in a consistent pattern of gross violations of
internationally recognized human rights or in military or civil
conflict that undermines its ability to develop and implement
measures to alleviate poverty and to devote adequate human and
financial resources to that end: Provided further, That on the
basis of final appropriations, the Secretary of the Treasury
shall consult with the Committees on Appropriations concerning
which countries and international financial institutions are
expected to benefit from a United States contribution to the
HIPC Trust Fund during the fiscal year: Provided further, That
the Secretary of the Treasury shall notify the Committees on
Appropriations not less than 15 days in advance of the
signature of an agreement by the United States to make payments
to the HIPC Trust Fund of amounts for such countries and
institutions: Provided further, That the Secretary of the
Treasury may disburse funds designated for debt reduction
through the HIPC Trust Fund only for the benefit of countries
that--
(1) have committed, for a period of 24 months, not to
accept new market-rate loans from the international
financial institution receiving debt repayment as a
result of such disbursement, other than loans made by
such institutions to export-oriented commercial
projects that generate foreign exchange which are
generally referred to as ``enclave'' loans; and
(2) have documented and demonstrated their commitment
to redirect their budgetary resources from
international debt repayments to programs to alleviate
poverty and promote economic growth that are additional
to or expand upon those previously available for such
purposes:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and
Assistance Act of 1954 shall not apply to funds appropriated
under this heading: Provided further, That none of the funds
made available under this heading in this or any other
appropriations Act shall be made available for Sudan or Burma
unless the Secretary of the Treasury determines and notifies
the Committees on Appropriations that a democratically elected
government has taken office.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Funds Appropriated to the President
peacekeeping operations \34\
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$250,200,000: Provided, That of the funds made available under
this heading, not less than $25,000,000 shall be made available
for a United States contribution to the Multinational Force and
Observers mission in the Sinai: Provided further, That none of
the funds appropriated under this heading shall be obligated or
expended except as provided through the regular notification
procedures of the Committees on Appropriations.
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\34\ Title XI of the Supplemental Appropriations Act, 2009 (Public
Law 111-32; 123 Stat. 1894), provided the following:
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``INTERNATIONAL SECURITY ASSISTANCE
``Funds Appropriated to the President
``peacekeeping operations
---------------------------------------------------------------------------
``For an additional amount for `Peacekeeping Operations',
$185,000,000, to remain available until September 30, 2010: Provided,
That up to $168,000,000 may be made available for assistance for
Somalia, of which up to $115,900,000 may be used to pay assessed
expenses of international peacekeeping activities in Somalia: Provided
further, That of the funds appropriated under this heading, $15,000,000
shall be made available for assistance for the Democratic Republic of
the Congo and $2,000,000 shall be made available for the Multinational
Force and Observer mission in the Sinai.''.
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international military education and training \35\
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961, $91,000,000,
of which up to $4,000,000 may remain available until expended
and may only be provided through the regular notification
procedures of the Committees on Appropriations: Provided, That
the civilian personnel for whom military education and training
may be provided under this heading may include civilians who
are not members of a government whose participation would
contribute to improved civil-military relations, civilian
control of the military, or respect for human rights: Provided
further, That funds made available under this heading for
assistance for Haiti, Guatemala, the Democratic Republic of the
Congo, Nigeria, Sri Lanka, Nepal, Ethiopia, Bangladesh, Libya,
and Angola may only be provided through the regular
notification procedures of the Committees on Appropriations and
any such notification shall include a detailed description of
proposed activities: Provided further, That of the funds
appropriated under this heading, not to exceed $55,000 shall be
available for entertainment allowances.
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\35\ Title XI of the Supplemental Appropriations Act, 2009 (Public
Law 111-32; 123 Stat. 1894), provided the following:
---------------------------------------------------------------------------
``international military education and training
---------------------------------------------------------------------------
``For an additional amount for `International Military Education
and Training', $2,000,000, to remain available until September 30,
2010, for assistance for Iraq.''.
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foreign military financing program \36\
For necessary expenses for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $4,635,000,000: Provided, That of the funds
appropriated under this heading, not less than $2,380,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be made available for grants only for
Egypt, including for border security programs and activities in
the Sinai: Provided further, That the funds appropriated by
this paragraph for Israel shall be disbursed within 30 days of
the enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for
such purposes, grants made available for Israel by this
paragraph shall, as agreed by the United States and Israel, be
available for advanced weapons systems, of which not less than
$670,650,000 shall be available for the procurement in Israel
of defense articles and defense services, including research
and development: Provided further, That of the funds
appropriated by this paragraph, $235,000,000 shall be made
available for assistance for Jordan: Provided further, That of
the funds appropriated under this heading, not more than
$53,000,000 shall be available for Colombia, of which
$12,500,000 is available to support maritime interdiction:
Provided further, That funds appropriated under this heading
for assistance for Pakistan may be made available only for
border security, counter-terrorism and law enforcement
activities directed against Al Qaeda, the Taliban and
associated terrorist groups: Provided further, That none of the
funds made available under this heading shall be made available
to support or continue any program initially funded under the
authority of section 1206 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456)
\37\ unless the Secretary of State has previously justified
such program to the Committees on Appropriations: Provided
further, That funds appropriated or otherwise made available by
this paragraph shall be nonrepayable notwithstanding any
requirement in section 23 of the Arms Export Control Act:
Provided further, That funds made available under this
paragraph shall be obligated upon apportionment in accordance
with paragraph (5)(C) of title 31, United States Code, section
1501(a).
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\36\ Sec. 7019 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included in
the explanatory statement'' issued by the House Committee on
Appropriations in the course of enactment of this Act. See
Congressional Record, February 23, 2009, pages H1653-2088 and H2089-
2599; for allocation of Foreign Military Financing Program funds, see
p. H2417.
Title XI of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1894), provided the following:
---------------------------------------------------------------------------
``foreign military financing program
---------------------------------------------------------------------------
``For an additional amount for `Foreign Military Financing
Program', $1,294,000,000, to remain available until September 30, 2010:
Provided, That not less than $260,000,000 shall be made available for
assistance for the Mexican Navy and shall be available notwithstanding
section 7045(e) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public Law
111-8): Provided further, That funds made available pursuant to the
previous proviso shall be available notwithstanding section 36(b) of
the Arms Export Control Act: Provided further, That of the funds
appropriated under this heading, not less than $150,000,000 shall be
made available for assistance for Jordan: Provided further, That of the
funds appropriated under this heading, not less than $555,000,000,
shall be available for grants only for Israel and shall be disbursed
not later than October 30, 2009: Provided further, That to the extent
that the Government of Israel requests that funds be used for such
purposes, grants made available for Israel by this paragraph shall, as
agreed by the United States and Israel, be available for advanced
weapons systems, of which $145,965,000 shall be available for the
procurement in Israel of defense articles and defense services,
including research and development: Provided further, That of the funds
appropriated under this heading, not less than $260,000,000 shall be
made available for grants only for Egypt, including for border security
programs and activities in the Sinai: Provided further, That funds
appropriated pursuant to the previous proviso estimated to be outlayed
for Egypt shall be transferred to an interest bearing account for Egypt
in the Federal Reserve Bank of New York not later than October 30,
2009: Provided further, That up to $69,000,000 may be made available
for assistance for Lebanon.
---------------------------------------------------------------------------
``pakistan counterinsurgency capability fund
``(including transfer of funds)
---------------------------------------------------------------------------
``There is hereby established in the Treasury of the United States
a special account to be known as the `Pakistan Counterinsurgency
Capability Fund'. For necessary expenses to carry out the provisions of
chapter 8 of part I and chapters 2, 5, 6, and 8 of part II of the
Foreign Assistance Act of 1961 and section 23 of the Arms Export
Control Act for counterinsurgency activities in Pakistan, $700,000,000,
which shall become available on September 30, 2009, and remain
available until September 30, 2011: Provided, That such funds shall be
available to the Secretary of State, with the concurrence of the
Secretary of Defense, notwithstanding any other provision of law, for
the purpose of providing assistance for Pakistan to build and maintain
the counterinsurgency capability of Pakistani security forces
(including the Frontier Corps), to include program management and the
provision of equipment, supplies, services, training, and facility and
infrastructure repair, renovation, and construction: Provided further,
That such funds may be transferred by the Secretary of State to the
Department of Defense or other Federal departments or agencies to
support counterinsurgency operations and may be merged with and be
available for the same purposes and for the same time period as the
appropriation or fund to which transferred, or may be transferred
pursuant to the authorities contained in the Foreign Assistance Act of
1961: Provided further, That the Secretary of State shall, not fewer
than 15 days prior to making transfers from this appropriation, notify
the Committees on Appropriations, and the congressional defense and
foreign affairs committees, in writing of the details of any such
transfer: Provided further, That the Secretary of State shall submit
not later than 30 days after the end of each fiscal quarter to the
Committees on Appropriations a report summarizing, on a project-by-
project basis, the transfer of funds from this appropriation: Provided
further, That upon determination by the Secretary of Defense or head of
other Federal department or agency, with the concurrence of the
Secretary of State, that all or part of the funds so transferred from
this appropriation are not necessary for the purposes herein, such
amounts may be transferred by the head of the relevant Federal
department or agency back to this appropriation and shall be available
for the same purposes and for the same time period as originally
appropriated: Provided further, That any required notification or
report may be submitted in classified or unclassified form.''.
\37\ For text, see Legislation on Foreign Relations Through 2008,
vol. I-B.
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None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that are
not sold by the United States Government under the Arms Export
Control Act unless the foreign country proposing to make such
procurements has first signed an agreement with the United
States Government specifying the conditions under which such
procurements may be financed with such funds: Provided, That
all country and funding level increases in allocations shall be
submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That none of the
funds appropriated under this heading may be made available for
assistance for Nepal, Sri Lanka, Pakistan, Bangladesh,
Philippines, Indonesia, Bosnia and Herzegovina, Haiti,
Guatemala, Ethiopia, and the Democratic Republic of the Congo
except pursuant to the regular notification procedures of the
Committees on Appropriations: Provided further, That funds made
available under this heading may be used, notwithstanding any
other provision of law, for demining, the clearance of
unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and
international organizations: Provided further, That only those
countries for which assistance was justified for the ``Foreign
Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs
\38\ may utilize funds made available under this heading for
procurement of defense articles, defense services or design and
construction services that are not sold by the United States
Government under the Arms Export Control Act: Provided further,
That funds appropriated under this heading shall be expended at
the minimum rate necessary to make timely payment for defense
articles and services: Provided further, That not more than
$51,420,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside
of the United States, for the general costs of administering
military assistance and sales, except that this limitation may
be exceeded only through the regular notification procedures of
the Committees on Appropriations: Provided further, That of the
funds appropriated under this heading for general costs of
administering military assistance and sales, not to exceed
$4,000 shall be available for entertainment expenses and not to
exceed $130,000 shall be available for representation
allowances: Provided further, That not more than $470,000,000
of funds realized pursuant to section 21(e)(1)(A) of the Arms
Export Control Act may be obligated for expenses incurred by
the Department of Defense during fiscal year 2009 pursuant to
section 43(b) of the Arms Export Control Act, except that this
limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations:
Provided further, That funds appropriated under this heading
estimated to be outlayed for Egypt during fiscal year 2009
shall be transferred to an interest bearing account for Egypt
in the Federal Reserve Bank of New York within 30 days of
enactment of this Act.
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\38\ In Africa: Kenya; in East Asia and the Pacific: Indonesia,
Thailand; in Europe: Greece, Portugal, Spain, Turkey; in Near East and
South Asia: Egypt, Israel, Jordan, Morocco, Pakistan, Tunisia, and
Yemen. See Congressional Presentation for Security Assistance Programs,
Fiscal Year 1989, page 19.
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TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs \39\
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973,\40\ $352,500,000: Provided, That
section 307(a) of the Foreign Assistance Act of 1961 shall not
apply to contributions to the United Nations Democracy Fund.
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\39\ Sec. 7019 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included in
the explanatory statement'' issued by the House Committee on
Appropriations in the course of enactment of this Act. See
Congressional Record, February 23, 2009, pages H1653-2088 and H2089-
2599; for allocation of International Organizations and Programs funds,
see p. H2417.
\40\ For this and other legislation relating to the United Nations,
see Legislation on Foreign Relations Through 2008, vol. II-B.
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international financial institutions
global environment facility
For the United States contribution for the Global
Environment Facility, $80,000,000, to the International Bank
for Reconstruction and Development as trustee for the Global
Environment Facility, by the Secretary of the Treasury, to
remain available until expended.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $1,115,000,000, to remain
available until expended.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the fund, $25,000,000, to remain
available until expended.
contribution to the asian development fund
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian Development
Fund, as authorized by the Asian Development Bank Act, as
amended, $105,000,000, to remain available until expended.
contribution to the african development fund
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $150,000,000, to remain available until
expended.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund
for Agricultural Development, $18,000,000, to remain available
until expended.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States \41\
inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $2,500,000, to remain available until
September 30, 2010.
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\41\ For text of the Export-Import Bank Act of 1945, as amended,
and related legislation, see Legislation on Foreign Relations Through
2008, vol. III.
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program account
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by
section 104 of the Government Corporation Control Act, as may
be necessary in carrying out the program for the current fiscal
year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of
nuclear equipment, fuel, or technology to any country, other
than a nuclear-weapon state as defined in Article IX of the
Treaty on the Non-Proliferation of Nuclear Weapons eligible to
receive economic or military assistance under this Act, that
has detonated a nuclear explosive after the date of the
enactment of this Act: Provided further,\42\ That
notwithstanding section 1(c) of Public Law 103-428, as amended,
sections 1(a) and (b) of Public Law 103-428 shall remain in
effect through October 1, 2009: Provided further, That not less
than 10 percent of the aggregate loan, guarantee, and insurance
authority available to the Export-Import Bank under this Act
should be used for renewable energy technologies or energy
efficient end-use technologies.
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\42\ 12 U.S.C. 635 note. Sec. 1(a) and (b) of Public Law 103-428
amended sec. 2(b)(6)(H) and (I) of the Export-Import Bank Act of 1945.
Sec. 1(c) of that Act, however, provided that the amendments would
remain in effect from enactment through September 30, 1997. Sec.
2(b)(6)(H) and (I) provide as follows:
``(H) Once in each calendar quarter, the Bank shall submit a report
to the Committee on Banking, Housing, and Urban Affairs of the Senate,
and the Committee on Banking, Finance, and Urban Affairs of the House
of Representatives on all instances in which the Bank, during the
reporting quarter, guaranteed, insured, or extended credit or
participated in an extension of credit in connection with any credit
sale of an article, service, or related technical data described in
subparagraph (G) that the Bank determined would not be put to a
military use or described in subparagraph (I)(i). Such report shall
include a description of each of the transactions and the justification
for the Bank's actions.
``(I)(i) Subparagraph (A) shall not apply to a transaction
involving defense articles or services if--
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``(I) the Bank determines that--
``(aa) the defense articles or service are nonlethal; and
``(bb) the primary end use of the defense articles or services will be
for civilian purposes; and
``(II) at least 15 calendar days before the date on which the Board of
Directors of the Bank gives final approval to Bank participation in the
transaction, the Bank provides notice of the transaction to the Committees
on Banking, Finance and Urban Affairs and on Appropriations of the House of
Representatives and the Committees on Banking, Housing, and Urban Affairs
and on Appropriations of the Senate.
---------------------------------------------------------------------------
``(ii) Not more than 10 percent of the loan, guarantee, and
insurance authority available to the Bank for a fiscal year may be used
by the Bank to support the sale of defense articles or services to
which subparagraph (A) does not apply by reason of clause (i) of this
subparagraph.
``(iii) Not later than September 1 of each fiscal year, the
Comptroller General of the United States, in consultation with the
Bank, shall submit to the Committees on Banking, Finance and Urban
Affairs and on Appropriations of the House of Representatives and the
Committees on Banking, Housing, and Urban Affairs and on Appropriations
of the Senate a report on the end uses of any defense articles or
services described in clause (i) with respect to which the Bank
provided support during the second preceding fiscal year.''.
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subsidy appropriation
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the Export-
Import Bank Act of 1945, as amended, not to exceed $41,000,000:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That such funds shall
remain available until September 30, 2024, for the disbursement
of direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 2009, 2010, 2011, and 2012: Provided
further, That none of the funds appropriated by this Act or any
prior Acts appropriating funds for the Department of State,
foreign operations, and related programs for tied-aid credits
or grants may be used for any other purpose except through the
regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated by
this paragraph are made available notwithstanding section
2(b)(2) of the Export-Import Bank Act of 1945, in connection
with the purchase or lease of any product by any Eastern
European country, any Baltic State or any agency or national
thereof.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5 U.S.C.
3109, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors,
not to exceed $81,500,000: Provided, That the Export-Import
Bank may accept, and use, payment or services provided by
transaction participants for legal, financial, or technical
services in connection with any transaction for which an
application for a loan, guarantee or insurance commitment has
been made: Provided further,\43\ That notwithstanding
subsection (b) of section 117 of the Export Enhancement Act of
1992, subsection (a) thereof shall remain in effect until
October 1, 2009.
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\43\ 12 U.S.C. 635a note. For text of the Export Enhancement Act of
1992, see Legislation on Foreign Relations Through 2008, vol. III.
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receipts collected
Receipts collected pursuant to the Export-Import Bank Act
of 1945, as amended, and the Federal Credit Reform Act of 1990,
as amended, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this
account: Provided, That the sums herein appropriated from the
General Fund shall be reduced on a dollar-for-dollar basis by
such offsetting collections so as to result in a final fiscal
year appropriation from the General Fund estimated at $0:
Provided further, That of amounts collected in fiscal year 2009
in excess of obligations, up to $75,000,000, shall become
available on September 1, 2009 and shall remain available until
September 30, 2012.
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 $50,600,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors
pursuant to section 234 of the Foreign Assistance Act of 1961,
shall not be considered administrative expenses for the
purposes of this heading.
program account
For the cost of direct and guaranteed loans, $29,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Noncredit Account: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall be available for direct
loan obligations and loan guaranty commitments incurred or made
during fiscal years 2009, 2010, and 2011: Provided further,
That funds so obligated in fiscal year 2009 remain available
for disbursement through 2017; funds obligated in fiscal year
2010 remain available for disbursement through 2018; and funds
obligated in fiscal year 2011 remain available for disbursement
through 2019: Provided further, That notwithstanding any other
provision of law, the Overseas Private Investment Corporation
is authorized to undertake any program authorized by title IV
of the Foreign Assistance Act of 1961 in Iraq: Provided
further, That funds made available pursuant to the authority of
the previous proviso shall be subject to the regular
notification procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may be
derived from amounts available for administrative expenses to
carry out the credit and insurance programs in the Overseas
Private Investment Corporation Noncredit Account and merged
with said account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961, $50,800,000,
to remain available until September 30, 2010.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for
allowances and differentials as authorized by subchapter 59 of
title 5, United States Code; for services as authorized by 5
U.S.C. 3109; and for hire of passenger transportation pursuant
to 31 U.S.C. 1343(b).
unobligated balances report
Sec. 7002.\44\ Any Department or Agency to which funds are
appropriated or otherwise made available by this Act shall
provide to the Committees on Appropriations a quarterly
accounting of cumulative balances by program, project, and
activity of the funds received by such Department or Agency in
this fiscal year or any previous fiscal year that remain
unobligated and unexpended.
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\44\ Similar language was first enacted as sec. 504 of the Foreign
Assistance Appropriations Act, 2006.
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consulting services
Sec. 7003. The expenditure of any appropriation under title
I of this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
embassy construction
Sec. 7004. (a) Of funds provided under title I of this Act,
except as provided in subsection (b), a project to construct a
diplomatic facility of the United States may not include office
space or other accommodations for an employee of a Federal
agency or department if the Secretary of State determines that
such department or agency has not provided to the Department of
State the full amount of funding required by subsection (e) of
section 604 of the Secure Embassy Construction and
Counterterrorism Act of 1999 (as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G of
that Act; 113 Stat. 1501A-453), as amended by section 629 of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a
project to construct a diplomatic facility of the United States
may include office space or other accommodations for members of
the United States Marine Corps.
personnel actions
Sec. 7005. Any costs incurred by a department or agency
funded under title I of this Act resulting from personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary resources
available under title I to such department or agency: Provided,
That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is
provided in addition to authorities included elsewhere in this
Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under
section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
consular affairs reform
Sec. 7006. Not later than 60 days after the enactment of
this Act the Secretary of State shall certify and report to the
Committees on Appropriations that the Department of State is
implementing recommendations contained in the Office of
Inspector General audit ``Review of Controls and Notification
for Access to Passport Records in the Department of State's
Passport Information Electronic Records System (PIERS)'' (AUD/
IP-08-29), July 2008.
prohibition against direct funding for certain countries
Sec. 7007.\45\ None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance or reparations for the governments of Cuba, North
Korea, Iran, or Syria: Provided, That for purposes of this
section, the prohibition on obligations or expenditures shall
include direct loans, credits, insurance and guarantees of the
Export-Import Bank or its agents.
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\45\ Language similar to that in the main clause was first enacted
as sec. 111 of the Foreign Assistance Appropriations Act, 1974. The
Foreign Operations, Export Financing, and Related Programs Act, 1990
(Public Law 101-167; 103 Stat. 2268), added two provisos, the first of
which has been continued in subsequent years. In fiscal year 2003, five
additional provisos were added to allow conditional assistance for
Iraq. In fiscal year 2006 (continued through fiscal year 2007), two
provisos were inserted to exempt OPIC and Export-Import Bank support
related to Libya.
The following countries have been listed in similar sections in
recent previous fiscal years:
Fiscal years 2008 and 2009--Cuba, North Korea, Iran, or Syria;
Fiscal years 2004 through 2007--Cuba, Libya, North Korea, Iran, or
Syria;
Fiscal years 1997 through 2003--Cuba, Iraq (2003, with exceptions),
Libya, North Korea, Iran, Sudan, or Syria;
Fiscal years 1995 and 1996--Cuba, Iraq, Libya, North Korea, Iran,
Serbia, Sudan, or Syria;
Fiscal year 1994--Cuba, Iraq, Libya, the Socialist Republic of
Vietnam, Iran, Serbia, Sudan, or Syria;
Fiscal years 1992 and 1993--Cuba, Iraq, Libya, the Socialist
Republic of Vietnam, Iran, or Syria; and
Fiscal year 1991--Angola, Cambodia, Cuba, Iraq, Libya, the
Socialist Republic of Vietnam, Iran, or Syria.
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military coups
Sec. 7008.\46\ None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance to the government of any country whose duly elected
head of government is deposed by military coup or decree:
Provided, That assistance may be resumed to such government if
the President determines and certifies to the Committees on
Appropriations that subsequent to the termination of assistance
a democratically elected government has taken office: Provided
further, That the provisions of this section shall not apply to
assistance to promote democratic elections or public
participation in democratic processes: Provided further, That
funds made available pursuant to the previous provisos shall be
subject to the regular notification procedures of the
Committees on Appropriations.
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\46\ Language similar to that in the main clause was first enacted
as sec. 513 of the Foreign Assistance Appropriations Act, 1986;
reference to ``government of any country'' replaced ``any country'' in
fiscal year 2002. The first proviso first appeared in sec. 513 of the
Foreign Assistance Appropriations Act, 1988. The second and third
provisos were first enacted in the Foreign Assistance Appropriations
Act, 2002.
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transfer authority
Sec. 7009.\47\ (a) Department of State and Broadcasting
Board of Governors.--Not to exceed 5 percent of any
appropriation made available for the current fiscal year for
the Department of State under title I of this Act may be
transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers:
Provided, That not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Broadcasting
Board of Governors under title I of this Act may be transferred
between such appropriations, but no such appropriation, except
as otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided further, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 7015(a) and (b) of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
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\47\ Language similar to that in subsecs. (c), (d), and (e) was
first enacted as sec. 115 of the Foreign Assistance Appropriations Act,
1978.
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(b) Export Financing Transfer Authorities.--Not to exceed 5
percent of any appropriation other than for administrative
expenses made available for fiscal year 2009, for programs
under title VI of this Act may be transferred between such
appropriations for use for any of the purposes, programs, and
activities for which the funds in such receiving account may be
used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of
such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c)(1) Limitation on Transfers Between Agencies.--None of
the funds made available under titles II through V of this Act
may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority provided
in, this Act or any other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(d) Transfers Between Accounts.--None of the funds made
available under titles II through V of this Act may be
obligated under an appropriation account to which they were not
appropriated, except for transfers specifically provided for in
this Act, unless the President provides notification in
accordance with the regular notification procedures of the
Committees on Appropriations.
(e) Audit of Inter-Agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the United States Agency for
International Development and another agency of the United
States Government under the authority of section 632(a) of the
Foreign Assistance Act of 1961 or any comparable provision of
law, shall expressly provide that the Office of the Inspector
General for the agency receiving the transfer or allocation of
such funds shall perform periodic program and financial audits
of the use of such funds: Provided, That funds transferred
under such authority may be made available for the cost of such
audits.
reporting requirement
Sec. 7010.\48\ The Secretary of State shall provide the
Committees on Appropriations, not later than April 1, 2009, and
for each fiscal quarter, a report in writing on the uses of
funds made available under the headings ``Foreign Military
Financing Program'', ``International Military Education and
Training'', and ``Peacekeeping Operations'': Provided, That
such report shall include a description of the obligation and
expenditure of funds, and the specific country in receipt of,
and the use or purpose of the assistance provided by such
funds.
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\48\ Similar language was first enacted as sec. 584 of the Foreign
Assistance Appropriations Act, 2006.
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availability of funds
Sec. 7011.\49\ No part of any appropriation contained in
this Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided in this Act: Provided, That funds appropriated for the
purposes of chapters 1, 8, 11, and 12 of part I, section 661,
section 667, chapters 4, 5, 6, 8, and 9 of part II of the
Foreign Assistance Act of 1961, section 23 of the Arms Export
Control Act, and funds provided under the headings ``Assistance
for Europe, Eurasia and Central Asia'' and ``Development Credit
Authority'', shall remain available for an additional 4 years
from the date on which the availability of such funds would
otherwise have expired, if such funds are initially obligated
before the expiration of their respective periods of
availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4
of part II of the Foreign Assistance Act of 1961 which are
allocated or obligated for cash disbursements in order to
address balance of payments or economic policy reform
objectives, shall remain available until expended.
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\49\ Similar language was first enacted as sec. 403 of the Foreign
Assistance Appropriations Act, 1967. Reference to funds provided for
Eastern Europe and the Baltic States was added in sec. 511 of the
Foreign Assistance Appropriations Act, 1997, and changed to refer to
Europe, Eurasia and Central Asia, and Development Credit Authority, in
fiscal year 2009. Reference to chapter 12 of the Foreign Assistance Act
of 1961 was added in fiscal year 2001. Reference to sec. 23 of the Arms
Export Control Act was added in fiscal year 2002. Sections in prior
years required the report required by sec. 653(a) of the Foreign
Assistance Act of 1961 to include information regarding funds allocated
for cash disbursement for balance of payment and economic policy reform
purposes.
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limitation on assistance to countries in default
Sec. 7012.\50\ No part of any appropriation provided under
titles III through VI in this Act shall be used to furnish
assistance to the government of any country which is in default
during a period in excess of one calendar year in payment to
the United States of principal or interest on any loan made to
the government of such country by the United States pursuant to
a program for which funds are appropriated under this Act
unless the President determines, following consultations with
the Committees on Appropriations, that assistance to such
country is in the national interest of the United States.
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\50\ Popularly referred to as the Brooke-Alexander amendment.
Similar language was first enacted as sec. 506 of the Foreign
Assistance Appropriations Act, 1976. Prior to FY 2001, this section
referred to ``any loan made to such country''; the reference to the
government of such country was added in FY 2001. In FY 2003, ``the
government of'' was added before ``any country which is in default''.
Beginning in fiscal year 1990, a proviso was enacted to exempt certain
countries from application of the section for narcotics-related funding
(sec. 518 of the Foreign Assistance Appropriations Act, 1990).
Colombia, Bolivia, and Peru were cited in that section, but were
omitted the following year. Reference to Nicaragua was added in the
Foreign Assistance Appropriations Act, 1991. Liberia was added in the
Foreign Assistance Appropriations Act, 1998. Brazil was added in the
Foreign Assistance Appropriations Act, 1999. Nicaragua, Liberia, and
Brazil were subsequently omitted for FY 2000.
In fiscal year 2002, the President's authority to waive application
of the section was added.
See also sec. 620(q) of the Foreign Assistance Act of 1961, as
amended.
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prohibition on taxation of united states assistance
Sec. 7013.\51\ (a) Prohibition on Taxation.--None of the
funds appropriated under titles III through VI of this Act may
be made available to provide assistance for a foreign country
under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided unless
such agreement includes a provision stating that assistance
provided by the United States shall be exempt from taxation, or
reimbursed, by the foreign government, and the Secretary of
State shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with
this requirement.
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\51\ Similar language was first enacted as sec. 579 of the Foreign
Assistance Appropriations Act, 2003.
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(b) Reimbursement of Foreign Taxes.--An amount equivalent
to 200 percent of the total taxes assessed during fiscal year
2009 on funds appropriated by this Act by a foreign government
or entity against commodities financed under United States
assistance programs for which funds are appropriated by this
Act, either directly or through grantees, contractors and
subcontractors shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2010 and allocated
for the central government of such country and for the West
Bank and Gaza program to the extent that the Secretary of State
certifies and reports in writing to the Committees on
Appropriations that such taxes have not been reimbursed to the
Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each country or entity pursuant to subsection (b) shall be
reprogrammed for assistance to countries which do not assess
taxes on United States assistance or which have an effective
arrangement that is providing substantial reimbursement of such
taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply to
any country or entity the Secretary of State
determines--
(A) does not assess taxes on United States
assistance or which has an effective
arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the
United States outweigh the purpose of this
section to ensure that United States assistance
is not subject to taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard
to any country or entity.
(f) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to
value added taxes and customs duties imposed on
commodities financed with United States assistance for
programs for which funds are appropriated by this Act;
and
(2) the term ``bilateral agreement'' refers to a
framework bilateral agreement between the Government of
the United States and the government of the country
receiving assistance that describes the privileges and
immunities applicable to United States foreign
assistance for such country generally, or an individual
agreement between the Government of the United States
and such government that describes, among other things,
the treatment for tax purposes that will be accorded
the United States assistance provided under that
agreement.
reservations of funds
Sec. 7014.\52\ (a) Funds appropriated under titles II
through VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account
notwithstanding the designation if compliance with the
designation is made impossible by operation of any provision of
this or any other Act: Provided, That any such reprogramming
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That assistance
that is reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.
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\52\ Language pertaining to the reservation of funds or earmarks
was first enacted as sec. 568 of the Foreign Assistance Appropriations
Act, 1988, but has substantially changed since then. Prior to FY 2004,
the section heading read ``earmarks''. Subsec. (b) was first added in
the Foreign Assistance Appropriations Act, 1993. Subsec. (c) was first
enacted, not including the second sentence, as sec. 538 of the Foreign
Assistance Appropriations Act, 1985, and, prior to this year was
enacted as a separate section.
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(b) In addition to the authority contained in subsection
(a), the original period of availability of funds appropriated
by this Act and administered by the United States Agency for
International Development that are specifically designated for
particular programs or activities by this or any other Act
shall be extended for an additional fiscal year if the
Administrator of such agency determines and reports promptly to
the Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such designated funds can
be obligated during the original period of availability:
Provided, That such designated funds that continue to be
available for an additional fiscal year shall be obligated only
for the purpose of such designation.
(c) Ceilings and specifically designated funding levels
contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any
subsequent Act unless such Act specifically so directs:
Provided, That specifically designated funding levels or
minimum funding requirements contained in any other Act shall
not be applicable to funds appropriated by this Act.
reprogramming notification requirements
Sec. 7015.\53\ (a) None of the funds made available in
title I of this Act, or in prior appropriations Acts to the
agencies and departments funded by this Act that remain
available for obligation or expenditure in fiscal year 2009, or
provided from any accounts in the Treasury of the United States
derived by the collection of fees or of currency reflows or
other offsetting collections, or made available by transfer, to
the agencies and departments funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds that: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel
by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or
employees; (5) closes or opens a mission or post; (6)
reorganizes or renames offices; (7) reorganizes programs or
activities; or (8) contracts out or privatizes any functions or
activities presently performed by Federal employees; unless the
Committees on Appropriations are notified 15 days in advance of
such reprogramming of funds.
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\53\ Similar language, without the proviso clauses, was first
enacted as sec. 114 of the Foreign Assistance Appropriations Act, 1974.
Though subsequent annual appropriations have included a section in
general provisions stating reprogramming notification requirements, the
language changes substantially from one year to the next, making a
comparison not particularly meaningful.
Subsec. (f) consolidates what has previously been stated as a
separate section with the heading ``special notification
requirements''. The following countries have been listed in similar
sections in recent previous fiscal years:
Fiscal year 2008--Serbia, Sudan, Zimbabwe, Pakistan, Cuba, Iran,
Haiti, Libya, Ethiopia, Mexico, Nepal, or Cambodia;
Fiscal year 2006 (continued into 2007)--Liberia, Serbia, Sudan,
Zimbabwe, Pakistan, or Cambodia;
Fiscal year 2005--Liberia, Serbia, Sudan, Zimbabwe, Pakistan, or
Cambodia;
Fiscal year 2004--Liberia, Serbia, Sudan, Zimbabwe, Pakistan,
Cambodia, or the Democratic Republic of the Congo;
Fiscal year 2003--Colombia, Liberia, Serbia, Sudan, Zimbabwe,
Pakistan, or the Democratic Republic of the Congo;
Fiscal year 2002--Colombia, Haiti, Liberia, Serbia, Sudan,
Zimbabwe, Pakistan, or the Democratic Republic of Congo;
Fiscal year 2001--Colombia, Haiti, Liberia, Serbia, Sudan,
Ethiopia, Eritrea, Zimbabwe, Pakistan, or the Democratic Republic of
Congo;
Fiscal year 2000--Colombia, Haiti, Liberia, Pakistan, Panama,
Serbia, Sudan, or the Democratic Republic of Congo;
Fiscal year 1999--Colombia, Honduras, Haiti, Liberia, Pakistan,
Serbia, Sudan, or the Democratic Republic of Congo;
Fiscal year 1998--Colombia, Haiti, Liberia, Pakistan, Panama, Peru,
Serbia, Sudan, or the Democratic Republic of Congo;
Fiscal year 1997--Colombia, Guatemala (except development
assistance), Dominican Republic, Haiti, Liberia, Pakistan, Peru,
Serbia, Sudan, or Zaire;
Fiscal year 1996--Colombia, Dominican Republic, Guatemala, Haiti,
Liberia, Nicaragua (with exception), Pakistan, Peru, Russia, Sudan, or
Zaire;
Fiscal year 1995--Colombia, Dominican Republic, El Salvador (with
exception), Guatemala, Haiti, Indonesia, Liberia, Nicaragua (with
exception), Pakistan, Peru, Rwanda, Sudan, or Zaire;
Fiscal year 1994--Afghanistan, Cambodia, Colombia, El Salvador
(with exception), Guatemala, Haiti, Indonesia, Jordan, Liberia, Malawi,
Nicaragua (with exception), Peru, Sudan, Togo, or Zaire;
Fiscal year 1993--Sudan, Liberia, Lebanon, Zaire, Yemen, Haiti,
Ivory Coast, Guatemala, Malawi, Peru, Uganda, Cambodia, Indonesia, or
Somalia;
Fiscal year 1992--Sudan, Liberia, Lebanon, Zaire, Chile, Yemen,
Haiti, Guatemala, or Somalia; and
Fiscal year 1991--Sudan, Liberia, Lebanon, Zaire, Chile, Yemen,
Haiti, Guatemala, or Somalia.
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(b) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds
provided under title I of this Act, or provided under previous
appropriations Acts to the agency or department funded under
title I of this Act that remain available for obligation or
expenditure in fiscal year 2009, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agency or department funded by title I
of this Act, shall be available for obligation or expenditure
for activities, programs, or projects through a reprogramming
of funds in excess of $750,000 or 10 percent, whichever is
less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel by 10
percent as approved by Congress; or (3) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Committees on Appropriations are notified 15 days in advance of
such reprogramming of funds.
(c) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds
made available under titles II through V in this Act under the
headings ``Global Health and Child Survival'', ``Development
Assistance'', ``International Organizations and Programs'',
``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Andean Counterdrug Programs'',
``Assistance for Europe, Eurasia and Central Asia'', ``Economic
Support Fund'', ``Democracy Fund'', ``Peacekeeping
Operations'', ``Capital Investment Fund'', ``Operating
Expenses'', ``Office of Inspector General'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Millennium Challenge Corporation'', ``Foreign
Military Financing Program'', ``International Military
Education and Training'', ``Peace Corps'', and ``Migration and
Refugee Assistance'', shall be available for obligation for
activities, programs, projects, type of materiel assistance,
countries, or other operations not justified or in excess of
the amount justified to the Committees on Appropriations for
obligation under any of these specific headings unless the
Committees on Appropriations are previously notified 15 days in
advance: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23
of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other
major defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20
percent in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified 15 days in
advance of such commitment: Provided further, That this
subsection shall not apply to any reprogramming for an
activity, program, or project for which funds are appropriated
under titles II through IV of this Act of less than 10 percent
of the amount previously justified to the Congress for
obligation for such activity, program, or project for the
current fiscal year.
(d) Notwithstanding any other provision of law, funds
transferred by the Department of Defense to the Department of
State and the United States Agency for International
Development, and funds made available for programs authorized
by section 1206 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163), shall be subject to the
regular notification procedures of the Committees on
Appropriations, and the agency receiving the transfer or
allocation shall perform periodic program financial audits of
the use of such funds and such funds may be made available for
the cost of such audits.
(e) The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial risk
to human health or welfare: Provided, That in case of any such
waiver, notification to the Congress, or the appropriate
congressional committees, shall be provided as early as
practicable, but in no event later than 3 days after taking the
action to which such notification requirement was applicable,
in the context of the circumstances necessitating such waiver:
Provided further, That any notification provided pursuant to
such a waiver shall contain an explanation of the emergency
circumstances.
(f) None of the funds appropriated under titles III through
VI of this Act shall be obligated or expended for assistance
for Serbia, Sudan, Zimbabwe, Pakistan, Dominican Republic,
Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Mexico, or Cambodia
and countries listed in section 7045(f)(4) of this Act except
as provided through the regular notification procedures of the
Committees on Appropriations.
notification on excess defense equipment
Sec. 7016.\54\ Prior to providing excess Department of
Defense articles in accordance with section 516(a) of the
Foreign Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent and
under the same conditions as other committees pursuant to
subsection (f) of that section: Provided, That before issuing a
letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense
articles are significant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or are valued (in
terms of original acquisition cost) at $7,000,000 or more, or
if notification is required elsewhere in this Act for the use
of appropriated funds for specific countries that would receive
such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition
cost of such defense articles.
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\54\ Similar language, excluding the first proviso, was first
enacted as sec. 559 of the Foreign Assistance Appropriations Act, 1988.
Language similar to that in the first proviso was added by sec. 548 of
the Foreign Assistance Appropriations Act, 1991. Reference to
``significant military equipment'' and valuation was added in FY 2002.
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limitation on availability of funds for international organizations and
programs
Sec. 7017.\55\ Subject to the regular notification
procedures of the Committees on Appropriations, funds
appropriated under titles III through VI of this Act or any
previously enacted Act making appropriations for the Department
of State, foreign operations, and related programs, which are
returned or not made available for organizations and programs
because of the implementation of section 307(a) of the Foreign
Assistance Act of 1961, shall remain available for obligation
until September 30, 2010.
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\55\ Similar language was first enacted as sec. 203 of the Urgent
Supplemental Appropriations Act of 1982. This predates the enactment of
sec. 307 of the Foreign Assistance Act of 1961, to which the current
general provision refers.
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prohibition on funding for abortions and involuntary sterilization
Sec. 7018.\56\ None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part I
of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary sterilizations.
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\56\ Similar language was first enacted as sec. 118 of the
Continuing Appropriations, Fiscal Year 1980. From FY 1997 through FY
2001, a proviso was included to prohibit the use of funds from being
used to lobby for or against abortion.
See also sec. 104(f) of the Foreign Assistance Act of 1961.
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allocations
Sec. 7019.\57\ (a) Funds provided in this Act for the
following accounts shall be made available for programs and
countries in the amounts contained in the respective tables
included in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act):
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\57\ The ``explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act)'' refers to the
Committee Print of the House Committee on Appropriations, printed in
the Congressional Record, February 23, 2009, pages H1653-H2088 and
H2089-2599. For fund allocations: Educational and Cultural Exchange
Programs, p. H2405; International Fisheries Commissions, p. H2407;
International Broadcasting Operations, p. H2408; Global Health and
Child Survival, p. H2409; Development Assistance, p. H2410; Economic
Support Fund, p. H2412; Assistance for Europe, Eurasia and Central
Asia, p. H2415; Andean Counterdrug Initiative, p. H2415;
Nonproliferation, Anti-Terrorism, Demining and Related Programs, p.
H2416; Foreign Military Financing Program, p. H2417; and International
Organizations and Programs, p. H2417.
Similar language was first enacted as sec. 595 of the Foreign
Assistance Appropriations Act, 2005. The list of programs for which
tables are provided has changed substantially, however.
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``Educational and Cultural Exchange Programs''.
``International Fisheries Commissions''.
``International Broadcasting Operations''.
``Global Health and Child Survival''.
``Development Assistance''.
``Economic Support Fund''.
``Assistance for Europe, Eurasia and Central Asia''.
``Andean Counterdrug Programs''.
``Nonproliferation, Anti-terrorism, Demining and
Related Programs''.
``Foreign Military Financing Program''.
``International Organizations and Programs''.
(b) For the purposes of implementing this section and only
with respect to the tables included in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), the Secretary of State,
Administrator of the United States Agency for International
Development and the Broadcasting Board of Governors, as
appropriate, may propose deviations to the amounts referenced
in subsection (a), subject to the regular notification
procedures of the Committees on Appropriations and section 634A
of the Foreign Assistance Act of 1961.
(c) The requirements contained in subsection (a) shall
apply to the table under the headings ``Bilateral Economic
Assistance'' and ``General Provisions'' in such explanatory
statement.
prohibition of payment of certain expenses
Sec. 7020.\58\ None of the funds appropriated or otherwise
made available by this Act under the headings ``International
Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or
under the headings ``Global Health and Child Survival'',
``Development Assistance'', and ``Economic Support Fund'' may
be obligated or expended to pay for--
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\58\ Similar language was first enacted as sec. 579 of the Foreign
Assistance Appropriations Act, 1995. Reference to Child Survival and
Disease Programs Fund, Development Assistance, and Economic Support
Fund was added in sec. 555 of the Foreign Assistance Appropriations
Act, 2000. ``Child Survival and Disease Programs Fund'' became ``Global
Health and Child Survival'' in Fiscal Year 2009. Earlier texts included
a prohibition on the use of funds for ``food (other than food provided
at a military installation) not provided in conjunction with
Informational Program trips where students do not stay at a military
installation''.
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(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including
but not limited to entrance fees at sporting events,
theatrical and musical productions, and amusement
parks.
prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
Sec. 7021.\59\ (a) None of the funds appropriated or
otherwise made available by titles III through VI of this Act
may be available to any foreign government which provides
lethal military equipment to a country the government of which
the Secretary of State has determined is a government that
supports international terrorism for purposes of section 6(j)
of the Export Administration Act of 1979. The prohibition under
this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment. This section applies with respect to
lethal military equipment provided under a contract entered
into after October 1, 1997.
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\59\ Similar language was first enacted as sec. 573 of the Foreign
Assistance Appropriations Act, 1994, which referred to sec. 40(d) of
the Arms Export Control Act in subsec. (a). In FY 1999, the text
referred to that Act ``or any other comparable provision of law''.
Beginning in FY 2002, the text referred instead to sec. 6(j) of the
Export Administration Act of 1979.
See also sec. 620A of the Foreign Assistance Act of 1961 and sec.
40 of the Arms Export Control Act.
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(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to the
national interests of the United States.
(c) Whenever the President makes a determination pursuant
to subsection (b), the President shall submit to the
appropriate congressional committees a report with respect to
the furnishing of such assistance. Any such report shall
include a detailed explanation of the assistance to be
provided, including the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers
United States national interests.
prohibition on bilateral assistance to terrorist countries
Sec. 7022.\60\ (a) Funds appropriated for bilateral
assistance under any heading in titles III through VI of this
Act and funds appropriated under any such heading in a
provision of law enacted prior to the enactment of this Act,
shall not be made available to any country which the President
determines--
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\60\ Sec. 576 of the Foreign Assistance Appropriations Act, 1988,
first enacted a ``Prohibition on Bilateral Assistance to Terrorist
Countries''. Sec. 564 of the Foreign Assistance Appropriations Act,
1990, substantially reworded this prohibition, providing the criteria
for restriction, and the requirement for Presidential determination and
waiver.
See also sec. 620A of the Foreign Assistance Act of 1961, sec. 40
of the Arms Export Control Act (this volume), and sec. 6(j) of the
Export Administration Act of 1979 (volume III).
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(1) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least 15 days before the waiver takes effect, shall
notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance with
the regular notification procedures of the Committees on
Appropriations.
authorization requirements
Sec. 7023.\61\ Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development
Agency'', may be obligated and expended notwithstanding section
10 of Public Law 91-672, section 15 of the State Department
Basic Authorities Act of 1956, section 313 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236), and section 504(a)(1) of the National Security
Act of 1947 (50 U.S.C. 414(a)(1)).
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\61\ Similar language was first enacted as sec. 560 of the Foreign
Assistance Appropriations Act, 1988. This Act consolidates similar
language for the State Department and USAID into one section, and omits
specific references to OPIC and the Global HIV/AIDS Initiative.
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definition of program, project, and activity
Sec. 7024.\62\ For the purpose of titles II through VI of
this Act ``program, project, and activity'' shall be defined at
the appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
following accounts: ``Economic Support Fund'' and ``Foreign
Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country,
regional, and central program level funding within each such
account; for the development assistance accounts of the United
States Agency for International Development ``program, project,
and activity'' shall also be considered to include central,
country, regional, and program level funding, either as: (1)
justified to the Congress; or (2) allocated by the executive
branch in accordance with a report, to be provided to the
Committees on Appropriations within 30 days of the enactment of
this Act, as required by section 653(a) of the Foreign
Assistance Act of 1961.
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\62\ Similar language was first enacted as sec. 550 of the Foreign
Assistance Appropriations Act, 1987. Reference to country and regional
program level funding was added in FY 2003.
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authorities for the peace corps, inter-american foundation and african
development foundation
Sec. 7025.\63\ Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for the Department of State, foreign operations, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development
Foundation Act. The agency shall promptly report to the
Committees on Appropriations whenever it is conducting
activities or is proposing to conduct activities in a country
for which assistance is prohibited.
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\63\ Similar language was first enacted in sec. 589 of the Foreign
Assistance Appropriations Act, 1993. FY 1999 through 2001 legislation
included an exemption for funding directed to the International Fund
for Agricultural Development, first enacted in sec. 537 of the Foreign
Assistance Appropriations Act, 1999.
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commerce, trade and surplus commodities
Sec. 7026.\64\ (a) None of the funds appropriated or made
available pursuant to titles III through VI of this Act for
direct assistance and none of the funds otherwise made
available to the Export-Import Bank and the Overseas Private
Investment Corporation shall be obligated or expended to
finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any
commodity for export by any country other than the United
States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive capacity is
expected to become operative and if the assistance will cause
substantial injury to United States producers of the same,
similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the
injury to United States producers of the same, similar, or
competing commodity, and the Chairman of the Board so notifies
the Committees on Appropriations.
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\64\ Language contained in subsec. (a) was first enacted as sec.
608 of the Foreign Assistance Appropriations Act, 1979. Language
contained in subsec. (b) was first enacted in sec. 558 of the Foreign
Assistance Appropriations Act, 1987. Appropriations Acts from FY 1991
through FY 1995 also included a subsec. (c), relating to the
development of import-sensitive products that would compete with U.S.
products. Language similar to that contained in subsec. (c) was first
enacted as sec. 22 of the Export-Import Bank Act Amendments of 1986.
Sec. 514(b) of the Foreign Assistance Appropriations Act, 1999,
required the Secretary of the Treasury to instruct U.S. representatives
to the international banks to support the purchase of American-produced
agricultural commodities.
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(b) \65\ None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing or
breeding feasibility study, variety improvement or
introduction, consultancy, publication, conference, or training
in connection with the growth or production in a foreign
country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the
United States: Provided, That this subsection shall not
prohibit--
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\65\ Popularly referred to as the Bumpers amendment.
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(1) activities designed to increase food security in
developing countries where such activities will not
have a significant impact on the export of agricultural
commodities of the United States; or
(2) research activities intended primarily to benefit
American producers.
(c) \66\ The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the European
Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the
voice and vote of the United States to oppose any assistance by
these institutions, using funds appropriated or made available
pursuant to titles III through VI of this Act, for the
production or extraction of any commodity or mineral for
export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
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\66\ 22 U.S.C. 262h note.
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separate accounts
Sec. 7027.\67\ (a) Separate Accounts for Local
Currencies.--
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\67\ 22 U.S.C. 2362 note. Similar language was first contained in
sec. 592 of the Foreign Assistance Appropriations Act, 1990.
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(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 under agreements which result in the generation of
local currencies of that country, the Administrator of
the United States Agency for International Development
shall--
(A) require that local currencies be
deposited in a separate account established by
that government;
(B) enter into an agreement with that
government which sets forth--
(i) the amount of the local
currencies to be generated; and
(ii) the terms and conditions under
which the currencies so deposited may
be utilized, consistent with this
section; and
(C) establish by agreement with that
government the responsibilities of the United
States Agency for International Development and
that government to monitor and account for
deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed upon
with the foreign government, local currencies deposited
in a separate account pursuant to subsection (a), or an
equivalent amount of local currencies, shall be used
only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), for
such purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of
the United States Government.
(3) Programming accountability.--The United States
Agency for International Development shall take all
necessary steps to ensure that the equivalent of the
local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established
pursuant to subsection (a)(1) are used for the purposes
agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon
termination of assistance to a country under chapter 1
or 10 of part I or chapter 4 of part II (as the case
may be), any unencumbered balances of funds which
remain in a separate account established pursuant to
subsection (a) shall be disposed of for such purposes
as may be agreed to by the government of that country
and the United States Government.
(5) Reporting requirement.--The Administrator of the
United States Agency for International Development
shall report on an annual basis as part of the
justification documents submitted to the Committees on
Appropriations on the use of local currencies for the
administrative requirements of the United States
Government as authorized in subsection (a)(2)(B), and
such report shall include the amount of local currency
(and United States dollar equivalent) used and/or to be
used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the government
of a foreign country, under chapter 1 or 10 of part I
or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject
sector assistance, that country shall be required to
maintain such funds in a separate account and not
commingle them with any other funds.
(2) Applicability of other provisions of law.--Such
funds may be obligated and expended notwithstanding
provisions of law which are inconsistent with the
nature of this assistance including provisions which
are referenced in the Joint Explanatory Statement of
the Committee of Conference accompanying House Joint
Resolution 648 (House Report No. 98-1159).\68\
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\68\ Provisions referred to in the Joint Explanatory Statement of
the Committee of Conference accompanying House Joint Resolution 648 (H.
Rept. 98-1159) include: sec. 604 of the Foreign Assistance Act of 1961,
as amended; sec. 901(b)(1) of the Merchant Marine Act of 1936, as
amended; sec. 5 of the International Air Transportation Fair
Competitive Practice Act of 1974; sec. 644 of the Small Business Act;
sec. 2711 of the Competition in Contracting Act of 1984; and the
provisions of the Federal Property and Administrative Services Act of
1949, as amended.
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(3) Notification.--At least 15 days prior to
obligating any such cash transfer or nonproject sector
assistance, the President shall submit a notification
through the regular notification procedures of the
Committees on Appropriations, which shall include a
detailed description of how the funds proposed to be
made available will be used, with a discussion of the
United States interests that will be served by the
assistance (including, as appropriate, a description of
the economic policy reforms that will be promoted by
such assistance).
(4) Exemption.--Nonproject sector assistance funds
may be exempt from the requirements of subsection
(b)(1) only through the notification procedures of the
Committees on Appropriations.
eligibility for assistance
Sec. 7028.\69\ (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'': Provided,
That before using the authority of this subsection to furnish
assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of
those committees, including a description of the program to be
assisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That nothing in
this subsection shall be construed to alter any existing
statutory prohibitions against abortion or involuntary
sterilizations contained in this or any other Act.
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\69\ Similar language was first enacted in sec. 562 of the Foreign
Assistance Appropriations Act, 1993.
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(b) Public Law 480.--During fiscal year 2009, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act of
1954: Provided, That none of the funds appropriated to carry
out title I of such Act and made available pursuant to this
subsection may be obligated or expended except as provided
through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized human
rights.
impact on jobs in the united states
Sec. 7029.\70\ None of the funds appropriated under titles
III through VI of this Act may be obligated or expended to
provide--
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\70\ Similar language was first enacted, except the proviso in
para. (2), as sec. 599 of the Foreign Assistance Appropriations Act,
1993. That proviso was added by sec. 547 of the Foreign Assistance
Appropriations Act, 1994. Prior language, FY 1993 through FY 2001,
included a reference to discrepancy in tax, tariff, labor, environment,
and safety laws.
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(1) any financial incentive to a business enterprise
currently located in the United States for the purpose
of inducing such an enterprise to relocate outside the
United States if such incentive or inducement is likely
to reduce the number of employees of such business
enterprise in the United States because United States
production is being replaced by such enterprise outside
the United States; or
(2) assistance for any program, project, or activity
that contributes to the violation of internationally
recognized workers rights, as defined in section 507(4)
of the Trade Act of 1974, of workers in the recipient
country, including any designated zone or area in that
country: Provided, That the application of section
507(4)(D) and (E) of such Act should be commensurate
with the level of development of the recipient country
and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
international financial institutions
Sec. 7030.\71\ (a) None of the funds appropriated in title
V of this Act may be made as payment to any international
financial institution while the United States Executive
Director to such institution is compensated by the institution
at a rate which, together with whatever compensation such
Director receives from the United States, is in excess of the
rate provided for an individual occupying a position at level
IV of the Executive Schedule under section 5315 of title 5,
United States Code, or while any alternate United States
Director to such institution is compensated by the institution
at a rate in excess of the rate provided for an individual
occupying a position at level V of the Executive Schedule under
section 5316 of title 5, United States Code.
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\71\ Language similar to that of subsecs. (a) and (d) was first
enacted as sec. 578 of Foreign Assistance Appropriations Act, 1991.
Language similar to that of subsec. (b) was first enacted as sec. 596
of the Foreign Assistance Appropriations Act, 2001. Subsec. (c) is new
in FY 2009.
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(b) The Secretary of the Treasury shall instruct the United
States Executive Director at each international financial
institution to oppose any loan, grant, strategy or policy of
these institutions that would require user fees or service
charges on poor people for primary education or primary
healthcare, including prevention, care and treatment for HIV/
AIDS, malaria, tuberculosis, and infant, child, and maternal
well-being, in connection with the institutions' financing
programs.
(c) The Secretary of the Treasury shall instruct the United
States Executive Director at the International Monetary Fund to
use the voice and vote of the United States to oppose any loan,
project, agreement, memorandum, instrument, or other program of
the International Monetary Fund that would not exempt increased
government spending on health care or education from national
budget caps or restraints, hiring or wage bill ceilings or
other limits imposed by the International Monetary Fund in
Heavily Indebted Poor Countries.
(d) For purposes of this section ``international financial
institutions'' are the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the Asian
Development Bank, the Asian Development Fund, the African
Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and Development.
debt-for-development
Sec. 7031.\72\ In order to enhance the continued
participation of nongovernmental organizations in debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the United
States Agency for International Development may place in
interest bearing accounts local currencies which accrue to that
organization as a result of economic assistance provided under
title III of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest
earned on such investment shall be used for the purpose for
which the assistance was provided to that organization.
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\72\ Similar language was first enacted as sec. 584 of the Foreign
Assistance Appropriations Act, 1990. The phrase, ``subject to the
regular notification procedures of the Committees on Appropriations,''
was added in sec. 528 of the Foreign Assistance Appropriations Act,
2005.
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authority to engage in debt buybacks or sales
Sec. 7032.\73\ (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
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\73\ Similar language was first enacted as sec. 571 of the Foreign
Assistance Appropriations Act, 1996. No such section was included in
the FY 2003 Act, however.
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(1) Authority to sell, reduce, or cancel certain
loans.--Notwithstanding any other provision of law, the
President may, in accordance with this section, sell to
any eligible purchaser any concessional loan or portion
thereof made before January 1, 1995, pursuant to the
Foreign Assistance Act of 1961, to the government of
any eligible country as defined in section 702(6) of
that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion
thereof, only for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of
its own qualified debt, only if the eligible
country uses an additional amount of the local
currency of the eligible country, equal to not
less than 40 percent of the price paid for such
debt by such eligible country, or the
difference between the price paid for such debt
and the face value of such debt, to support
activities that link conservation and
sustainable use of natural resources with local
community development, and child survival and
other child development, in a manner consistent
with sections 707 through 710 of the Foreign
Assistance Act of 1961, if the sale, reduction,
or cancellation would not contravene any term
or condition of any prior agreement relating to
such loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance
with this section, establish the terms and conditions
under which loans may be sold, reduced, or canceled
pursuant to this section.
(3) Administration.--The Facility, as defined in
section 702(8) of the Foreign Assistance Act of 1961,
shall notify the administrator of the agency primarily
responsible for administering part I of the Foreign
Assistance Act of 1961 of purchasers that the President
has determined to be eligible, and shall direct such
agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such
agency shall make adjustment in its accounts to reflect
the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection
shall be available only to the extent that
appropriations for the cost of the modification, as
defined in section 502 of the Congressional Budget Act
of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the President
should consult with the country concerning the amount of loans
to be sold, reduced, or canceled and their uses for debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature
swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
special debt relief for the poorest
Sec. 7033.\74\ (a) Authority to Reduce Debt.--The President
may reduce amounts owed to the United States (or any agency of
the United States) by an eligible country as a result of--
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\74\ Similar language, except subsec. (a)(3), which was added by
sec. 559 of the Foreign Assistance Appropriations Act, 1999, was first
enacted as sec. 570(a) of the Foreign Assistance Appropriations Act,
1994. Subsec. (b) of that section also amended the Export-Import Bank
Act of 1945 to authorize debt relief for the poorest, most heavily
indebted nations.
In a memorandum of July 8, 1996, the President delegated to the
Secretary of the Treasury, in consultation with the Secretaries of
State and Defense, the functions, authorities, and duties conferred on
the President by sec. 570(a) of this Act, sec. 561(a) of Public Law
103-306, and any similar subsequent provision of law (61 F.R. 38563).
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(1) guarantees issued under sections 221 and 222 of
the Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the
Arms Export Control Act; or
(3) any obligation or portion of such obligation, to
pay for purchases of United States agricultural
commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs
authorized pursuant to section 5(f) of the Commodity
Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of
the Agricultural Trade Act of 1978, as amended (Public
Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt
relief and referendum agreements, commonly referred to
as ``Paris Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy
debt burdens that are eligible to borrow from the
International Development Association, but not from the
International Bank for Reconstruction and Development,
commonly referred to as ``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international
narcotics control matters;
(4) (including its military or other security forces)
does not engage in a consistent pattern of gross
violations of internationally recognized human rights;
and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to the funds
appropriated by this Act under the heading ``Debt
Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for the purposes of any provision of law limiting assistance to
a country. The authority provided by subsection (a) may be
exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 or section 321 of the International
Development and Food Assistance Act of 1975.
special authorities
Sec. 7034.\75\ (a) Afghanistan, Iraq, Pakistan, Lebanon,
Montenegro, Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated under titles III through VI of
this Act that are made available for assistance for Afghanistan
may be made available notwithstanding section 7012 of this Act
or any similar provision of law and section 660 of the Foreign
Assistance Act of 1961, and funds appropriated in titles III
and VI of this Act that are made available for Iraq, Lebanon,
Montenegro, Pakistan, and for victims of war, displaced
children, and displaced Burmese, and to assist victims of
trafficking in persons and, subject to the regular notification
procedures of the Committees on Appropriations, to combat such
trafficking, may be made available notwithstanding any other
provision of law.
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\75\ Language similar to that in subsec. (a) was first enacted as
sec. 549 of the Foreign Assistance Appropriations Act, 1994. Various
provisos in subsec. (a) have been added and omitted since the section's
introduction. Subsec. (b) was added in sec. 540 of the Foreign
Assistance Appropriations Act, 1999. Subsec. (c) was added as subsec.
(f) in sec. 534 in FY 2002, which also included a subsec. (e), relating
to contingencies. Subsec. (e), relating to reconstituting civilian
police authority, was added in FY 2003. Subsec. (h), relating to the
World Food Program, was added in FY 2003 as subsec. (i). Subsec. (n),
relating to the Middle East Foundation, was added in FY 2006. Subsecs.
(f), relating to prison conditions, (i), relating to disarmament,
demobilization, and reintegration, and (o), relating to global food
security, are new in FY 2009.
References to ``victims of war'' and ``displaced children'' have
been included annually. Reference to assisting ``victims of trafficking
in persons'' was added in FY 2003. The following countries and groups
have been listed in similar sections in recent previous fiscal years:
Fiscal Years 2006 through 2008--Afghanistan, Iraq, Pakistan,
Lebanon, Montenegro, victims of war, displaced children, and displaced
Burmese;
Fiscal Years 2004 and 2005--Afghanistan, Pakistan, Lebanon,
Montenegro, victims of war, displaced children, and displaced Burmese;
Fiscal Year 2003--Afghanistan, Lebanon, Montenegro, victims of war,
displaced children, displaced Burmese;
Fiscal Years 2001 and 2002--Afghanistan, Cambodia (with
conditions), Lebanon, Montenegro, victims of war, displaced children,
displaced Burmese;
Fiscal Years 1999 and 2000--Afghanistan, Cambodia (with
conditions), Lebanon, Montenegro, victims of war, displaced children,
displaced Burmese, Romania (humanitarian assistance), Kosova
(humanitarian assistance);
Fiscal Year 1998--Afghanistan, Lebanon, displaced Burmese, Romania
(humanitarian assistance), and humanitarian assistance for the peoples
of Bosnia and Herzegovina, Croatia and Kosova;
Fiscal Years 1996 and 1997--Afghanistan, Lebanon, Cambodia (with
conditions), displaced Burmese, Romania (humanitarian assistance),
humanitarian assistance for the peoples of Bosnia and Herzegovina,
Croatia and Kosova; and
Fiscal Years 1994 and 1995--Haiti, Afghanistan, Lebanon, Cambodia
(with conditions), displaced Burmese, Romania (humanitarian
assistance), humanitarian assistance for the peoples of Bosnia-
Herzegovina, Croatia and Kosova.
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(b) \76\ (1) Waiver.--The President may waive the
provisions of section 1003 of Public Law 100-204 if the
President determines and certifies in writing to the Speaker of
the House of Representatives and the President pro tempore of
the Senate that it is important to the national security
interests of the United States.
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\76\ Sec. 3 of the Middle East Peace Facilitation Act of 1993, as
amended (Public Law 103-125; 107 Stat. 1309), authorized the President
to suspend certain provisions of law, including sec. 1003 of Public Law
100-204, as they applied to the P.L.O. or entities associated with it
if certain conditions were met and the President so certified and
consulted with relevant congressional committees. This authority was
continued in this Act, and in the Middle East Peace Facilitation Act of
1995, (title VI of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1996; Public Law 104-107).
The President issued certifications, as provided for in the 1993,
1994, and 1995 Acts, in Presidential Determination No. 94-13 of January
14, 1994 (59 F.R. 4777), which was extended until January 1, 1995, by
Presidential Determination No. 94-30 of June 30, 1994 (59 F.R. 35607);
until July 1, 1995, by Presidential Determination No. 95-12 of December
31, 1994 (60 F.R. 2673); until August 15, 1995, by Presidential
Determination No. 95-31 of July 2, 1995 (60 F.R. 35827); until October
1, 1995, by Presidential Determination No. 95-36 of August 14, 1995 (60
F.R. 44725); until November 1, 1995, by Presidential Determination No.
95-50 of September 30, 1995 (60 F.R. 53093); until December 31, 1995,
by Presidential Determination No. 96-5 of November 13, 1995 (60 F.R.
57821); until March 31, 1996, by Presidential Determination No. 96-8 of
January 4, 1996 (61 F.R. 2889); until June 15, 1996, by Presidential
Determination No. 96-20 of April 1, 1996 (61 F.R. 26019); until August
12, 1996, by Presidential Determination No. 96-32 of June 14, 1996 (61
F.R. 32629); until February 12, 1997, by Presidential Determination No.
96-41 of August 12, 1996 (61 F.R. 43137); and until August 12, 1997, by
Presidential Determination No. 97-17 of February 21, 1997 (62 F.R.
9903).
On December 5, 1997, the President waived the provisions of 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); through April 14, 2006
(Presidential Determination No. 2006-01; October 14, 2005; 70 F.R.
62225); through October 13, 2006 (Presidential Determination No. 2006-
12; April 13, 2006; 71 F.R. 26409); through April 13, 2007
(Presidential Determination No. 2007-02; October 13, 2006; 71 F.R.
64437); through October 11, 2007 (Presidential Determination No. 2007-
16; April 11, 2007; 72 F.R. 19781); through April 11, 2008
(Presidential Determination No. 2008-2; October 11, 2007; 72 F.R.
61033); through October 10, 2008 (Presidential Determination No. 2008-
18; April 10, 2008; 73 F.R. 22265); and through April 9, 2009
(Presidential Determination No. 2009-3; October 9, 2008; 73 F.R.
62847).
Sec. 604 of the Middle East Peace Commitments Act of 2002 (title VI
of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228) authorized the President to waive any sanction imposed
under that section, including terminating any waiver issued pursuant to
sec. 1003 of the 1987 Act if he found it in the national security
interests of the United States to do so. The President exercised this
authority in Presidential Determination No. 2006-17 of June 30, 2006
(71 F.R. 39511); Presidential Determination No. 2007-12 of February 7,
2007 (72 F.R. 9225); and Presidential Determination No. 2008-12 of
February 13, 2008 (73 F.R. 10125).
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(2) Period of application of waiver.--Any waiver pursuant
to paragraph (1) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(c) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, the United States Agency for International Development may
provide an exception to the fair opportunity process for
placing task orders under such contracts when the order is
placed with any category of small or small disadvantaged
business.
(d) Vietnamese Refugees.--Section 594(a) of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (enacted as division D of Public Law
108-447; 118 Stat. 3038) is amended by striking ``2009'' and
inserting ``2010''.
(e) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(f) International Prison Conditions.--Funds appropriated by
this Act to carry out the provisions of chapters 1 and 11 of
part I and chapter 4 of part II of the Foreign Assistance Act
of 1961, and the Support for East European Democracy (SEED) Act
of 1989, shall be made available for assistance to address
inhumane conditions in prisons and other detention facilities
administered by foreign governments that the Secretary of State
determines are making efforts to address, among other things,
prisoners' health, sanitation, nutrition and other basic needs:
Provided, That the Secretary of State shall designate a Deputy
Assistant Secretary of State in the Bureau of Democracy, Human
Rights and Labor to have primary responsibility for diplomatic
efforts related to international prison conditions.
(g) Extension of Authority.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and
2008'' and inserting ``2008, and 2009''; and
(B) in subsection (e), by striking ``2008''
each place it appears and inserting ``2009'';
and
(2) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``2008'' and inserting
``2009''.
(h) World Food Program.--Of the funds managed by the Bureau
for Democracy, Conflict, and Humanitarian Assistance of the
United States Agency for International Development, from this
or any other Act, not less than $10,000,000 shall be made
available as a general contribution to the World Food Program,
notwithstanding any other provision of law.
(i) Library of Congress.--Notwithstanding any other
provision of law, of the funds appropriated under the heading
``Embassy Security, Construction, and Maintenance'', not less
than $2,000,000 shall be made available for the Capital
Security Cost-Sharing fees of the Library of Congress.
(j) Disarmament, Demobilization and Reintegration.--
Notwithstanding any other provision of law, regulation or
Executive order, funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs under the headings ``Economic
Support Fund'', ``Peacekeeping Operations'', ``International
Disaster Assistance'', and ``Transition Initiatives'' should be
made available to support programs to disarm, demobilize, and
reintegrate into civilian society former members of foreign
terrorist organizations: Provided, That the Secretary of State
shall consult with the Committees on Appropriations prior to
the obligation of funds pursuant to this subsection: Provided
further, That for the purposes of this subsection the term
``foreign terrorist organization'' means an organization
designated as a terrorist organization under section 219 of the
Immigration and Nationality Act.
(k) Nongovernmental Organizations.--With respect to the
provision of assistance for democracy, human rights and
governance activities, the organizations implementing such
assistance and the specific nature of that assistance shall not
be subject to the prior approval by the government of any
foreign country.
(l) Program for Research and Training on Eastern Europe and
the Independent States of the Former Soviet Union.--Of the
funds appropriated by this Act under the heading, ``Economic
Support Fund'', not less than $5,000,000 shall be made
available to carry out the Program for Research and Training on
Eastern Europe and the Independent States of the Former Soviet
Union (title VIII) as authorized by the Soviet-Eastern European
Research and Training Act of 1983 (22 U.S.C. 4501-4508, as
amended).
(m) Authority.--Funds appropriated or otherwise made
available by title III of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008
(division J of Public Law 110-161) under the heading ``Economic
Support Fund'' that are available for a competitively awarded
grant for nuclear security initiatives relating to North Korea
shall be made available notwithstanding any other provision of
law.
(n) Middle East Foundation.--Funds appropriated by this Act
and prior Acts for a Middle East Foundation shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(o) Global Food Security.--Notwithstanding any other
provision of law, to include minimum funding requirements or
funding directives, funds made available under the headings
``Development Assistance'' and ``Economic Support Fund'' in
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
may be made available to address critical food shortages,
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
arab league boycott of israel
Sec. 7035.\77\ It is the sense of the Congress that--
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\77\ Language pertaining to the Arab League boycott of Israel was
first enacted as sec. 598(b) of the Foreign Assistance Appropriations
Act, 1993.
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(1) the Arab League boycott of Israel, and the
secondary boycott of American firms that have
commercial ties with Israel, is an impediment to peace
in the region and to United States investment and trade
in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of
Israel immediately disbanded;
(3) all Arab League states should normalize relations
with their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott
of Israel and find concrete steps to demonstrate that
opposition by, for example, taking into consideration
the participation of any recipient country in the
boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually
on specific steps being taken by the United States to
encourage Arab League states to normalize their
relations with Israel to bring about the termination of
the Arab League boycott of Israel, including those to
encourage allies and trading partners of the United
States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses
that do comply.
palestinian statehood
Sec. 7036.\78\ (a) Limitation on Assistance.--None of the
funds appropriated under titles III through VI of this Act may
be provided to support a Palestinian state unless the Secretary
of State determines and certifies to the appropriate
congressional committees that--
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\78\ Language relating to Palestinian statehood was first enacted
as sec. 563 of the Foreign Assistance Appropriations Act, 2003. See
also, however, sec. 566 of the Foreign Assistance Appropriations Act,
2002.
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(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to
peaceful co-existence with the State of Israel;
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West
Bank and Gaza, including the dismantling of
terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate
security organizations; and
(2) the Palestinian Authority (or the governing
entity of a new Palestinian state) is working with
other countries in the region to vigorously pursue
efforts to establish a just, lasting, and comprehensive
peace in the Middle East that will enable Israel and an
independent Palestinian state to exist within the
context of full and normal relationships, which should
include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of the
sovereignty, territorial integrity, and
political independence of every state in the
area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within
secure and recognized boundaries free from
threats or acts of force;
(D) freedom of navigation through
international waterways in the area; and
(E) a framework for achieving a just
settlement of the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the governing entity should enact a constitution assuring the
rule of law, an independent judiciary, and respect for human
rights for its citizens, and should enact other laws and
regulations assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if he
determines that it is important to the national security
interests of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing entity,
in order to help meet the requirements of subsection (a),
consistent with the provisions of section 7040 of this Act
(``Limitation on Assistance to the Palestinian Authority'').
restrictions concerning the palestinian authority
Sec. 7037.\79\ None of the funds appropriated under titles
II through VI of this Act may be obligated or expended to
create in any part of Jerusalem a new office of any department
or agency of the United States Government for the purpose of
conducting official United States Government business with the
Palestinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-PLO
Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for the
existing Consulate General in Jerusalem: Provided further, That
meetings between officers and employees of the United States
and officials of the Palestinian Authority, or any successor
Palestinian governing entity provided for in the Israel-PLO
Declaration of Principles, for the purpose of conducting
official United States Government business with such authority
should continue to take place in locations other than
Jerusalem. As has been true in the past, officers and employees
of the United States Government may continue to meet in
Jerusalem on other subjects with Palestinians (including those
who now occupy positions in the Palestinian Authority), have
social contacts, and have incidental discussions.
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\79\ Similar language was first enacted as sec. 585 of the Foreign
Assistance Appropriations Act, 1995.
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prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038.\80\ None of the funds appropriated or otherwise
made available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
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\80\ Similar language was first enacted as sec. 584 of the Foreign
Assistance Appropriations Act, 1999.
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assistance for the west bank and gaza
Sec. 7039.\81\ (a) Oversight.--For fiscal year 2009, 30
days prior to the initial obligation of funds for the bilateral
West Bank and Gaza Program, the Secretary of State shall
certify to the Committees on Appropriations that procedures
have been established to assure the Comptroller General of the
United States will have access to appropriate United States
financial information in order to review the uses of United
States assistance for the Program funded under the heading
``Economic Support Fund'' for the West Bank and Gaza.
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\81\ Language similar to that in subsec. (a) was first enacted as
sec. 587 of the Foreign Assistance Appropriations Act, 2000. Language
similar to that in subsecs. (b) and (d) were first enacted in sec. 568
of the Foreign Assistance Appropriations Act, 2003. Subsec. (c)(1) was
added in sec. 559 of the Foreign Assistance Appropriations Act, 2005.
Subsec. (e) was added to the FY 2005 Act by amendment in the Emergency
Supplemental Appropriations Act, 2005. Subsec. (f) is new in FY 2009.
Subsec. (g) was first enacted as subsec. (f) in sec. 559 of the Foreign
Assistance Appropriations Act, 2006. That subsection refers to sec.
2106 of Public Law 109-13, which provides the following:
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``reporting requirement
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``Sec. 2106. Not later than 60 days after the date of enactment of
this Act, the President shall submit a report to the Congress
detailing: (1) information regarding the Palestinian security services,
including their numbers, accountability, and chains of command, and
steps taken to purge from their ranks individuals with ties to
terrorist entities; (2) specific steps taken by the Palestinian
Authority to dismantle the terrorist infrastructure, confiscate
unauthorized weapons, arrest and bring terrorists to justice, destroy
unauthorized arms factories, thwart and preempt terrorist attacks, and
cooperate with Israel's security services; (3) specific actions taken
by the Palestinian Authority to stop incitement in Palestinian
Authority-controlled electronic and print media and in schools,
mosques, and other institutions it controls, and to promote peace and
coexistence with Israel; (4) specific steps the Palestinian Authority
has taken to further democracy, the rule of law, and an independent
judiciary, and transparent and accountable governance; (5) the
Palestinian Authority's cooperation with United States officials in
investigations into the late Palestinian leader Yasser Arafat's
finances; and (6) the amount of assistance pledged and actually
provided to the Palestinian Authority by other donors: Provided, That
not later than 180 days after enactment of this Act, the President
shall submit to the Congress an update of this report: Provided
further, That up to $5,000,000 of the funds made available for
assistance for the West Bank and Gaza by this chapter under `Economic
Support Fund' shall be used for an outside, independent evaluation by
an internationally recognized accounting firm of the transparency and
accountability of Palestinian Authority accounting procedures and an
audit of expenditures by the Palestinian Authority.''.
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(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such assistance
is not provided to or through any individual, private or
government entity, or educational institution that the
Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity
nor, with respect to private entities or educational
institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or
advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization. The Secretary of
State shall, as appropriate, establish procedures specifying
the steps to be taken in carrying out this subsection and shall
terminate assistance to any individual, entity, or educational
institution which she has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) None of the funds appropriated under titles III
through VI of this Act for assistance under the West
Bank and Gaza Program may be made available for the
purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of
terrorism.
(2) Notwithstanding any other provision of law, none
of the funds made available by this or prior
appropriations act, including funds made available by
transfer, may be made available for obligation for
security assistance for the West Bank and Gaza until
the Secretary of State reports to the Committees on
Appropriations on the benchmarks that have been
established for security assistance for the West Bank
and Gaza and reports on the extent of Palestinian
compliance with such benchmarks.
(d) Audits.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or
non-Federal audits of all contractors and grantees, and
significant subcontractors and sub-grantees, under the
West Bank and Gaza Program, are conducted at least on
an annual basis to ensure, among other things,
compliance with this section.
(2) Of the funds appropriated by this Act up to
$500,000 may be used by the Office of the Inspector
General of the United States Agency for International
Development for audits, inspections, and other
activities in furtherance of the requirements of this
subsection. Such funds are in addition to funds
otherwise available for such purposes.
(e) Subsequent to the certification specified in subsection
(a), the Comptroller General of the United States shall conduct
an audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza Program,
including all funds provided as cash transfer assistance, in
fiscal year 2009 under the heading ``Economic Support Fund''.
The audit shall address--
(1) the extent to which such Program complies with
the requirements of subsections (b) and (c), and
(2) an examination of all programs, projects, and
activities carried out under such Program, including
both obligations and expenditures.
(f) Funds made available in this Act for West Bank and Gaza
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(g) Not later than 180 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees
on Appropriations updating the report contained in section 2106
of chapter 2 of title II of Public Law 109-13.
limitation on assistance for the palestinian authority
Sec. 7040.\82\ (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be
obligated or expended with respect to providing funds to the
Palestinian Authority.
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\82\ Subsecs. (a) through (d) bear some relationship to two earlier
enactments, but the language has changed enough to make a comparison
not particularly meaningful. Sec. 565 of the Foreign Assistance
Appropriations Act, 1995, enacted limits on assistance to the PLO for
West Bank and Gaza unless authorities in the Middle East Peace
Facilitation Act were exercised. Sec. 566 of the Foreign Assistance
Appropriations Act, 1998, enacted limits on assistance to the
Palestinian Authority; subsec. (d) of that section, requiring a report,
was added in FY 2004.
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(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives, the President pro
tempore of the Senate, and the Committees on Appropriations
that waiving such prohibition is important to the national
security interests of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the funds
will be spent, and the accounting procedures in place to ensure
that the funds are properly disbursed. The report shall also
detail the steps the Palestinian Authority has taken to arrest
terrorists, confiscate weapons and dismantle the terrorist
infrastructure.
(e) Certification.--If the President exercises the waiver
authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior to
the obligation of funds that the Palestinian Authority has
established a single treasury account for all Palestinian
Authority financing and all financing mechanisms flow through
this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a
single comprehensive civil service roster and payroll.
(f) Prohibition.--
(1) None of the funds appropriated in titles III
through VI of this Act may be obligated for salaries of
personnel of the Palestinian Authority located in Gaza
or may be obligated or expended for assistance to Hamas
or any entity effectively controlled by Hamas or any
power-sharing government of which Hamas is a member
unless the President certifies in writing and reports
to the Committees on Appropriations that Hamas has
accepted and is complying with the principles contained
in section 620K(b)(1)(A) and (B) of the Foreign
Assistance Act of 1961, as amended.
(2) None of the funds appropriated under titles III
through VI of this Act may be obligated for assistance
for the Palestine Liberation Organization.
broadcasting transparency
Sec. 7041. (a) Of the funds appropriated in this Act under
the heading ``International Broadcasting Operations'' for
Middle East Broadcasting Networks, 10 percent of the funds
shall not be available for obligation until the Broadcasting
Board of Governors reports to the Committee on Appropriations
on--
(1) The results of the independent outside evaluation
of Alhurra programming to examine its journalistic
integrity and adherence to standards and principles of
the United States International Broadcasting Act; and
(2) Whether the directives in the explanatory
statement accompanying the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2008 (division J of Public Law 110-161) regarding
Alhurra have been implemented and are operational.
(b) The Office of the Inspector General of the Department
of State and the Broadcasting Board of Governors shall monitor
adherence to the standards of the Journalistic Code of Ethics
of the Middle East Broadcasting Networks, as updated in May
2007.
iraq
Sec. 7042.\83\ (a) Assistance.--None of the funds
appropriated or otherwise made available by this Act may be
made available for assistance for Iraq, except funds
appropriated by this Act under the heading ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'' for the removal
and disposal of landmines and other unexploded ordnance, small
arms and light weapons in Iraq.
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\83\ Subsec. (a) bears some similarity to sec. 699K of the Foreign
Assistance Appropriations Act, 2008; language similar to that of
subsec. (d) also enacted in FY 2008 as sec. 680. Subsecs. (b) and (c)
are new in FY 2009.
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(b) Matching Requirement.--The terms and conditions of
section 1402(e)(1), (2), (3) and (4) of Public Law 110-252
shall apply to assistance for Iraq in fiscal year 2009.
(c) Transition Plan.--Not later than 180 days after
enactment of this Act, the Secretary of State, in consultation
with relevant United States Government agencies, shall submit
to the Committees on Appropriations a report, in classified
form if necessary, that details the plans, costs and timelines
associated with the transition of programs and activities
funded under titles III through VI of this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs to the Government of Iraq.
(d) Base Rights.--None of the funds made available in this
Act may be used by the Government of the United States to enter
into a permanent basing rights agreement between the United
States and Iraq.
report on iran sanctions
Sec. 7043. Not later than 180 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations on the status of multilateral and
bilateral United States sanctions against Iran and actions
taken by the United States and the international community to
enforce sanctions against Iran. The report, which may be
submitted in classified form if necessary, shall include the
following:
(1) A list of all current United States bilateral and
multilateral sanctions against Iran;
(2) A list of all United States and foreign
registered entities which the Secretary of State has
reason to believe may be in violation of existing
United States bilateral and multilateral sanctions;
(3) A detailed description of United States efforts
to enforce sanctions, including a list of all
investigations initiated in the 12 months preceeding
the enactment of this Act that have resulted in a
determination that a sanctions violation has occurred
and United States government actions taken pursuant to
the determination;
(4) In the instances when sanctions were waived or
otherwise not imposed against entities that were
determined to have violated United States bilateral or
multilateral sanctions, the reason in each instance of
why action was not taken to sanction the entity; and
(5) A description of United States diplomatic efforts
to expand bilateral and multilateral sanctions against
Iran and strengthen international efforts to enforce
existing sanctions.
lebanon
Sec. 7044. (a) Funds appropriated under the heading
``Foreign Military Financing Program'' in this Act for
assistance for Lebanon shall be made available only to
professionalize the Lebanese Armed Forces and to strengthen
border security and combat terrorism, including training and
equipping the Lebanese Armed Forces to secure Lebanon's
borders, interdicting arms shipments, preventing the use of
Lebanon as a safe haven for terrorist groups and implementing
United Nations Security Council Resolution 1701.
(b) None of the funds in subsection (a) may be made
available for obligation until after the Secretary of State
provides the Committees on Appropriations a detailed spending
plan, which shall include a strategy for professionalizing the
Lebanese Armed Forces, strengthening border security and
combating terrorism in Lebanon.
western hemisphere
Sec. 7045.\84\ (a) Free Trade Agreements.--Of the funds
appropriated by this Act not less than $10,000,000 from
``Development Assistance'' and not less than $10,000,000 from
``Economic Support Fund'' shall be made available for labor and
environmental capacity building activities relating to the free
trade agreements with countries of Central America, Peru and
the Dominican Republic.
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\84\ Language similar to that in subsec. (b), relating to Haiti,
was first enacted as sec. 582 of the Foreign Assistance Appropriations
Act, 1997. Similar language relating to aid to Central American
countries was first enacted as sec. 584(a) of the Foreign Assistance
Appropriations Act, 2005. Language similar to that in subsec. (e),
relating to aid to Mexico, was first enacted as sec. 1406 of the
Supplemental Appropriations Act, 2008. Language similar to that in
subsec. (f), relating to Central America, was first enacted as sec.
1407 of the Supplemental Appropriations Act, 2008.
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(b) Haiti.--
(1) The Government of Haiti shall be eligible to
purchase defense articles and services under the Arms
Export Control Act (22 U.S.C. 2751 et seq.), for the
Coast Guard.
(2) Of the funds appropriated by this Act under
titles III and IV, not less than $251,126,000 shall be
made available for assistance for Haiti.
(3) None of the funds made available by this Act
under the heading ``International Narcotics Control and
Law Enforcement'' may be used to transfer excess
weapons, ammunition or other lethal property of an
agency of the United States Government to the
Government of Haiti for use by the Haitian National
Police until the Secretary of State reports to the
Committees on Appropriations that any members of the
Haitian National Police who have been credibly alleged
to have committed serious crimes, including drug
trafficking and violations of internationally
recognized human rights, have been suspended.
(c) Dominican Republic.--Of the funds appropriated by this
Act that are available for assistance for the Dominican
Republic, not less than $5,000,000 shall be made available for
basic health care, nutrition, sanitation, education, and
shelter for migrant workers and other residents of batey
communities.
(d) Assistance for Guatemala.--
(1) Funds appropriated by this Act under the heading
``International Military Education and Training''
(IMET) that are available for assistance for Guatemala,
other than for expanded IMET, may be made available
only for the Guatemalan Air Force, Navy and Army Corps
of Engineers: Provided, That assistance for the Army
Corps of Engineers shall only be available for training
to improve disaster response capabilities and to
participate in international peacekeeping operations:
Provided further, That such funds may be made available
only if the Secretary of State certifies that the Air
Force, Navy and Army Corps of Engineers are respecting
internationally recognized human rights and cooperating
with civilian judicial investigations and prosecutions
of current and retired military personnel who have been
credibly alleged to have committed violations of such
rights, and with the International Commission Against
Impunity in Guatemala (CICIG) by granting access to
CICIG personnel, providing evidence to CICIG, and
allowing witness testimony.
(2) Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'', not
more than $500,000 may be made available for the
Guatemalan Air Force, Navy and Army Corps of Engineers:
Provided, That assistance for the Army Corps of
Engineers shall only be available for training to
improve disaster response capabilities and to
participate in international peacekeeping operations:
Provided further, That such funds may be made available
only if the Secretary of State certifies that the Air
Force, Navy and Army Corps of Engineers are respecting
internationally recognized human rights and cooperating
with civilian judicial investigations and prosecutions
of current and retired military personnel who have been
credibly alleged to have committed violations of such
rights, including protecting and providing to the
Attorney General's office all military archives
pertaining to the internal armed conflict, and
cooperating with the CICIG by granting access to CICIG
personnel, providing evidence to CICIG, and allowing
witness testimony.
(e) Assistance for Mexico.--Of the funds appropriated under
the headings ``International Narcotics Control and Law
Enforcement'', ``Foreign Military Financing Program'', and
``Economic Support Fund'' in this Act, not more than
$300,000,000 may be made available for assistance for Mexico,
only to combat drug trafficking and related violence and
organized crime, and for judicial reform, institution building,
anti-corruption, and rule of law activities, of which not less
than $75,000,000 shall be used for judicial reform, institution
building, anti-corruption, and rule of law activities:
Provided, That none of the funds made available under this
section shall be made available for budget support or as cash
payments.
(1) Allocation of funds.--Fifteen percent of the
funds made available under this section in this Act,
for assistance for Mexico, not including assistance for
judicial reform, institution building, anti-corruption,
and rule of law activities, may not be obligated until
the Secretary of State reports in writing to the
Committees on Appropriations that the Government of
Mexico is continuing to--
(A) improve the transparency and
accountability of Federal police forces and to
work with State and municipal authorities to
improve the transparency and accountability of
State and municipal police forces through
mechanisms including police complaints
commissions with authority and independence to
receive complaints and carry out effective
investigations;
(B) conduct regular consultations with
Mexican human rights organizations and other
relevant Mexican civil society organizations on
recommendations for the implementation of the
Merida Initiative in accordance with Mexican
and international law;
(C) ensure that civilian prosecutors and
judicial authorities are investigating and
prosecuting, in accordance with Mexican and
international law, members of the Federal
police and military forces who have been
credibly alleged to have violated
internationally recognized human rights, and
the Federal police and military forces are
fully cooperating with the investigations; and
(D) enforce the prohibition, in accordance
with Mexican and international law, on the use
of testimony obtained through torture or other
ill-treatment.
(2) Report.--The report required in paragraph (1)
shall include a description of actions taken with
respect to each requirement.
(3) Spending plan.--Not later than 45 days after the
date of enactment of this Act, the Secretary of State
shall submit to the Committees on Appropriations a
detailed spending plan, developed after consulting with
relevant Mexican Government authorities, for funds made
available for Mexico under this section, with concrete
goals, programs and activities to be funded, and
anticipated results.
(4) Analysis of alternatives.--Prior to the
obligation of funds for the procurement or lease of
aircraft, the Director of the Defense Security
Cooperation Agency, in consultation with the Secretary
of State, shall submit to the Committees on
Appropriations an Analysis of Alternatives for the
acquisition of all aircraft for the Merida Initiative.
(f) Assistance for the Countries of Central America.--Of
the funds appropriated under the headings ``International
Narcotics Control and Law Enforcement'', ``Foreign Military
Financing Program'', and ``Economic Support Fund'',
$105,000,000 may be made available for assistance for the
countries of Central America only to combat drug trafficking
and related violence and organized crime, and for judicial
reform, institution building, anti-corruption, rule of law
activities, and maritime security, of which not less than
$35,000,000 shall be made available for judicial reform,
institution building, anti-corruption, and rule of law
activities: Provided, That of the funds appropriated under the
heading ``Economic Support Fund'', $12,000,000 shall be made
available through the United States Agency for International
Development for an Economic and Social Development Fund for
Central America: Provided further, That none of the funds shall
be made available for budget support or as cash payments.
(1) Allocation of funds.--Fifteen percent of the
funds made available by this Act for assistance for the
countries of Central America under the headings
``International Narcotics Control and Law Enforcement''
and ``Foreign Military Financing Program'' may not be
obligated until the Secretary of State reports in
writing to the Committees on Appropriations that the
government of such country is continuing to--
(A) support police complaints commissions
with authority and independence to receive
complaints and carry out effective
investigations;
(B) implement reforms to improve the capacity
and ensure the independence of the judiciary;
and
(C) investigate and prosecute members of the
Federal police and military forces who have
been credibly alleged to have committed
violations of internationally recognized human
rights.
(2) Report.--The report required in paragraph (1)
shall include a description of actions taken with
respect to each requirement.
(3) Spending plan.--Not later than 45 days after the
date of the enactment of this Act, the Secretary of
State shall submit to the Committees on Appropriations
a detailed spending plan for funds appropriated or
otherwise made available for the countries of Central
America by this Act, with concrete goals, actions to be
taken, budget proposals, and anticipated results.
(4) Definition.--For the purposes of this section,
the term ``countries of Central America'' means Belize,
Costa Rica, El Salvador, Guatemala, Honduras,
Nicaragua, and Panama.
(g) Aircraft Operations and Maintenance.--To the maximum
extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act should be borne
by the recipient country.
colombia
Sec. 7046.\85\ (a) Funding.--Of the funds appropriated in
titles III and IV of this Act, not more than $545,050,000 shall
be available for assistance for Colombia.
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\85\ Not enacted each year; language was first enacted as sec. 567
of the Foreign Assistance Appropriations Act, 2002, though overall the
language changes substantially from one year to the next, making a
comparison not particularly meaningful.
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Funds appropriated by this Act and made available to the
Department of State for assistance to the Government of
Colombia may be used to support a unified campaign against
narcotics trafficking and organizations designated as Foreign
Terrorist Organizations and successor organizations, and to
take actions to protect human health and welfare in emergency
circumstances, including undertaking rescue operations:
Provided, That assistance made available in prior Acts for the
Government of Colombia to protect the Cano-Limon pipeline may
also be used for purposes for which funds are made available
under the heading ``Andean Counterdrug Programs'': 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 rotary and fixed wing aircraft supported with
funds appropriated under the heading ``Andean Counterdrug
Programs'' for assistance for Colombia may be used for aerial
or manual drug eradication and interdiction including to
transport personnel and supplies and to provide security for
such operations, and to provide transport in support of
alternative development programs and investigations of cases
under the jurisdiction of the Attorney General, the
Procuraduria General de la Nacion, and the Defensoria del
Pueblo: Provided further, That the President shall ensure that
if any helicopter procured with funds in this Act or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs, is used to aid or abet the
operations of any illegal self-defense group, paramilitary
organization, illegal security cooperative or successor
organizations in Colombia, such helicopter shall be immediately
returned to the United States.
Of the funds available under the heading ``Andean
Counterdrug Programs'' in this Act for the Colombian national
police for the procurement of chemicals for aerial coca and
poppy eradication programs, not more than 20 percent of such
funds may be made available for such eradication 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, 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 aerial
eradication are thoroughly evaluated and fair compensation is
being paid in a timely manner 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 and
coordination with local communities, to provide alternative
sources of income in areas where security permits for small-
acreage growers and communities whose illicit crops are
targeted for aerial eradication: Provided further, That none of
the funds appropriated by this Act for assistance for Colombia
shall be made available for the cultivation or processing of
African oil palm, if doing so would contribute to significant
loss of native species, disrupt or contaminate natural water
sources, reduce local food security, or cause the forced
displacement of local people: Provided further, That funds
appropriated by this Act may be used for aerial eradication in
Colombia's national parks or reserves only if the Secretary of
State certifies to the Committees on Appropriations on a case-
by-case basis that there are no effective alternatives and the
eradication is conducted in accordance with Colombian laws.
(b) Assistance for the Armed Forces.--
(1) Funding.--Funds appropriated by this Act that are
available for assistance for the Colombian Armed
Forces, may be made available as follows:
(A) Up to 70 percent of such funds may be
obligated prior to the certification and report
by the Secretary of State pursuant to
subparagraph (B).
(B) Up to 15 percent of such funds may be
obligated only after the Secretary of State
consults with, and subsequently certifies and
submits a written report to, the Committees on
Appropriations that--
(i) The Government of Colombia is
suspending, and investigating and
prosecuting in the civilian justice
system, those members of the Colombian
Armed Forces, of whatever rank, who
have been credibly alleged to have
committed violations of internationally
recognized human rights, including
extra-judicial killings, or to have
aided, abetted or benefitted from
paramilitary organizations or successor
armed groups, and the Colombian Armed
Forces are cooperating fully with
civilian prosecutors and judicial
authorities in such cases.
(ii) The Government of Colombia has
taken all necessary steps to sever
links with paramilitary organizations
or successor armed groups.
(iii) The Government of Colombia is
dismantling paramilitary networks,
including by arresting and prosecuting
under civilian criminal law individuals
who have provided financial, planning,
or logistical support, or have
otherwise aided, abetted or benefitted
from paramilitary organizations or
successor armed groups, and by
returning land and other assets
illegally acquired by such
organizations or their associates to
their rightful occupants or owners.
(iv) The Government of Colombia is
respecting the rights of Colombia's
indigenous and Afro-Colombian
communities, and the Colombian Armed
Forces are implementing procedures to
distinguish between civilians,
including displaced persons, and
combatants in their operations.
(2) The balance of such funds may be obligated after
July 31, 2009, if, prior to such obligation, the
Secretary of State consults with, and submits a written
certification to, the Committees on Appropriations that
the Government of Colombia is continuing to meet the
requirements described in paragraph (1) and is
conducting vigorous operations to strengthen civilian
institutions and respect for internationally recognized
human rights in areas under the influence of
paramilitary organizations or successor armed groups
and guerrilla organizations.
(3) Certain funds exempted.--The requirement to
withhold funds from obligation shall not apply with
respect to funds made available under the heading
``Andean Counterdrug Programs'' in this Act for
continued support for the Critical Flight Safety
Program or for any alternative development programs in
Colombia administered by the Bureau of International
Narcotics and Law Enforcement Affairs of the Department
of State.
(4) Report.--At the time the Secretary of State
submits certifications pursuant to paragraphs (1)(B)
and (2) of this subsection, the Secretary shall also
submit to the Committees on Appropriations a report
that contains, with respect to each such paragraph, a
detailed description of the specific actions taken by
the Government and Armed Forces of Colombia which
support each requirement of the certification, and the
cases or issues brought to the attention of the
Secretary, including through the Department of State's
annual Country Reports on Human Rights Practices, for
which the actions taken by the Colombian Government or
Armed Forces have been determined by the Secretary of
State to be inadequate.
(c) Consultative Process.--Not later than 60 days after the
date of enactment of this Act, and every 180 days thereafter
until September 30, 2009, the Secretary of State shall consult
with Colombian and internationally recognized human rights
organizations regarding progress in meeting the requirements
contained in subsection (b)(1).
(d) Assistance for Reintegration of Former Combatants.--
(1) Availability of funds.--Of the funds appropriated
in this Act under the heading ``Economic Support
Fund'', up to $16,769,000 may be made available in
fiscal year 2009 for assistance for the reintegration
of former members of foreign terrorist organizations
(FTOs) or other illegal armed groups in Colombia, if
the Secretary of State consults with and makes a
certification described in paragraph (2) to the
Committees on Appropriations prior to the initial
obligation of amounts for such assistance for the
fiscal year involved.
(2) Certification.--A certification described in this
subsection is a certification that--
(A) assistance for the fiscal year will be
provided only for individuals who have: (i)
verifiably renounced and terminated any
affiliation or involvement with FTOs or other
illegal armed groups; (ii) are meeting all the
requirements of the Colombia demobilization
program, including having disclosed their
involvement in past crimes and their knowledge
of the FTO's structure, financing sources,
illegal assets, and the location of kidnapping
victims and bodies of the disappeared; and
(iii) are not involved in criminal activity;
(B) the Government of Colombia is providing
full cooperation to the Government of the
United States to prosecute the extradited
leaders and members of FTOs who have been
indicted in the United States for murder,
torture, kidnapping, narcotics trafficking, or
other violations of United States law;
(C) the Government of Colombia is not
knowingly taking any steps to legalize the
titles of land or other assets illegally
obtained and held by FTOs, their associates, or
successors, has established effective
procedures to identify such land and other
assets, and is seizing and returning such land
and other assets to their rightful occupants or
owners;
(D) the Government of Colombia is dismantling
the organizational structures of FTOs and
successor armed groups; and
(E) funds shall not be made available as cash
payments to individuals and are available only
for activities under the following categories:
verification, reintegration (including training
and education), vetting, recovery of assets for
reparations for victims, and investigations and
prosecutions.
(e) Illegal Armed Groups.--
(1) Denial of visas.--Subject to paragraph (2), the
Secretary of State shall not issue a visa to any alien
who the Secretary determines, based on credible
evidence--
(A) has willfully provided any support to or
benefitted from the Revolutionary Armed Forces
of Colombia (FARC), the National Liberation
Army (ELN), the United Self-Defense Forces of
Colombia (AUC), or successor armed groups,
including taking actions or failing to take
actions which allow, facilitate, or otherwise
foster the activities of such groups; or
(B) has committed, ordered, incited,
assisted, or otherwise participated in the
commission of a violation of internationally
recognized human rights, including extra-
judicial killings, in Colombia.
(2) Waiver.--Paragraph (1) shall not apply if the
Secretary of State certifies to the Committees on
Appropriations, on a case-by-case basis, that the
issuance of a visa to the alien is necessary to support
the peace process in Colombia or for urgent
humanitarian reasons.
(f) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or abetted''
means to provide any support to paramilitary or
successor armed groups, including taking actions which
allow, facilitate, or otherwise foster the activities
of such groups.
(2) Paramilitary groups.--The term ``paramilitary
groups'' means illegal self-defense groups and illegal
security cooperatives, including those groups and
cooperatives that have formerly demobilized but
continue illegal operations, as well as parts thereof.
(3) Foreign terrorist organization.--The term
``foreign terrorist organization'' means an
organization designated as a terrorist organization
under section 219 of the Immigration and Nationality
Act.
community-based police assistance
Sec. 7047.\86\ (a) Authority.--Funds made available by
titles III and IV of this Act to carry out the provisions of
chapter 1 of part I and chapters 4 and 6 of part II of the
Foreign Assistance Act of 1961, may be used, notwithstanding
section 660 of that Act, to enhance the effectiveness and
accountability of civilian police authority through training
and technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through assistance to
foster civilian police roles that support democratic governance
including assistance for programs to prevent conflict, respond
to disasters, address gender-based violence, and foster
improved police relations with the communities they serve.
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\86\ A section relating to community-based police assistance was
first enacted as sec. 582 of the Foreign Assistance Appropriations Act,
2002. The FY 2006 iteration is codified at 22 U.S.C. 2151 note.
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(b) Notification.--Assistance provided under subsection (a)
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
prohibition of payments to united nations members
Sec. 7048.\87\ None of the funds appropriated or made
available pursuant to titles III through VI of this Act for
carrying out the Foreign Assistance Act of 1961, may be used to
pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by
this Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961, the costs for participation of another
country's delegation at international conferences held under
the auspices of multilateral or international organizations.
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\87\ Language through ``dues of any member of the United Nations''
was first enacted as sec. 114 of the Foreign Assistance Appropriations
Act, 1964. Text following that point was added in sec. 546 of the
Foreign Assistance Appropriations Act, 2000.
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war crimes tribunals drawdown
Sec. 7049.\88\ If the President determines that doing so
will contribute to a just resolution of charges regarding
genocide or other violations of international humanitarian law,
the President may direct a drawdown pursuant to section 552(c)
of the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals or
commissions as the Council may establish or authorize to deal
with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of
any determinations otherwise required under section 552(c):
Provided further, That funds made available for tribunals other
than the International Criminal Tribunal for the former
Yugoslavia, the International Criminal Tribunal for Rwanda, or
the Special Court for Sierra Leone shall be made available
subject to the regular notification procedures of the
Committees on Appropriations.
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\88\ Funding for war crimes tribunals drawdown was first enacted in
sec. 548(e) of the Foreign Assistance Appropriations Act, 1994.
Codified at 22 U.S.C. 2656 note in fiscal years 1994 through 2000. The
proviso referring to establishment of any standing or permanent
international criminal tribunal or court was added in FY 2003.
Reference to the Special Court for Sierra Leone was added in FY 2004.
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peacekeeping missions
Sec. 7050. None of the funds made available under title I
of this Act may be used for any United Nations undertaking when
it is made known to the Federal official having authority to
obligate or expend such funds that: (1) the United Nations
undertaking is a peacekeeping mission; (2) such undertaking
will involve United States Armed Forces under the command or
operational control of a foreign national; and (3) the
President's military advisors have not submitted to the
President a recommendation that such involvement is in the
national interests of the United States and the President has
not submitted to the Congress such a recommendation.
peacekeeping assessment
Sec. 7051. Section 404(b)(2)(B) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, (22 U.S.C. 287e
note) is amended by deleting subsection (v) and inserting in
lieu thereof:
``(v) For assessments made during each of the calendar
years 2005, 2006, 2007, 2008, and 2009, 27.1 percent.''.
united nations human rights council
Sec. 7052.\89\ (a) None of the funds appropriated by this
Act may be made available for a United States contribution to
the United Nations Human Rights Council.
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\89\ Language was first enacted as sec. 695 of the Foreign
Assistance Appropriations Act, 2008.
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(b) The prohibition under subsection (a) shall not apply
if--
(1) the Secretary of State certifies to the
Committees on Appropriations that the provision of
funds to support the United Nations Human Rights
Council is in the national interest of the United
States; or
(2) the United States is a member of the Human Rights
Council.
attendance at international conferences
Sec. 7053.\90\ None of the funds made available in this Act
may be used to send or otherwise pay for the attendance of more
than 50 employees of agencies or departments of the United
States Government who are stationed in the United States, at
any single international conference occurring outside the
United States, unless the Secretary of State reports to the
Committees on Appropriations that such attendance is in the
national interest: Provided, That for purposes of this section
the term ``international conference'' shall mean a conference
attended by representatives of the United States Government and
of foreign governments, international organizations, or
nongovernmental organizations.
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\90\ Language was first enacted as sec. 696 of the Foreign
Assistance Appropriations Act, 2008.
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restrictions on united nations delegations
Sec. 7054. None of the funds made available under title I
of this Act may be used to pay expenses for any United States
delegation to any specialized agency, body, or commission of
the United Nations if such commission is chaired or presided
over by a country, the government of which the Secretary of
State has determined, for purposes of section 6(j)(1) of the
Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)),
supports international terrorism.
parking fines and real property taxes owed by foreign governments
Sec. 7055.\91\ (a) Subject to subsection (c), of the funds
appropriated under titles III through VI by this Act that are
made available for assistance for a foreign country, an amount
equal to 110 percent of the total amount of the unpaid fully
adjudicated parking fines and penalties and unpaid property
taxes owed by the central government of such country shall be
withheld from obligation for assistance for the central
government of such country until the Secretary of State submits
a certification to the Committees on Appropriations stating
that such parking fines and penalties and unpaid property taxes
are fully paid.
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\91\ Similar language was first enacted as sec. 574 of the Foreign
Assistance Appropriations Act, 1994. References to penalties and fines
owed to New York were added in FY 2001. In FY 2005, the section was
expanded to include unpaid real property taxes. Functions relating to
certifications and reports under this section were delegated to the
Director and Deputy Director of the Office of Foreign Missions in
Department of State Delegation of Authority 272 (February 17, 2004; 69
F.R. 18998).
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(b) Funds withheld from obligation pursuant to subsection
(a) may be made available for other programs or activities
funded by this Act, after consultation with and subject to the
regular notification procedures of the Committees on
Appropriations, provided that no such funds shall be made
available for assistance for the central government of a
foreign country that has not paid the total amount of the fully
adjudicated parking fines and penalties and unpaid property
taxes owed by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d)(1) The Secretary of State may waive the requirements
set forth in subsection (a) with respect to parking fines and
penalties no sooner than 60 days from the date of enactment of
this Act, or at any time with respect to a particular country,
if the Secretary determines that it is in the national
interests of the United States to do so.
(2) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to the unpaid property
taxes if the Secretary of State determines that it is in the
national interests of the United States to do so.
(e) Not later than 6 months after the initial exercise of
the waiver authority in subsection (d), the Secretary of State,
after consultations with the City of New York, shall submit a
report to the Committees on Appropriations describing a
strategy, including a timetable and steps currently being
taken, to collect the parking fines and penalties and unpaid
property taxes and interest owed by nations receiving foreign
assistance under this Act.
(f) In this section:
(1) The term ``fully adjudicated'' includes
circumstances in which the person to whom the vehicle
is registered--
(A)(i) has not responded to the parking
violation summons; or
(ii) has not followed the appropriate
adjudication procedure to challenge the
summons; and
(B) the period of time for payment of or
challenge to the summons has lapsed.
(2) The term ``parking fines and penalties'' means
parking fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997,
through September 30, 2008.
(3) The term ``unpaid property taxes'' means the
amount of unpaid taxes and interest determined to be
owed by a foreign country on real property in the
District of Columbia or New York, New York in a court
order or judgment entered against such country by a
court of the United States or any State or subdivision
thereof.
landmines and cluster munitions
Sec. 7056.\92\ (a) Landmines.--Notwithstanding any other
provision of law, demining equipment available to the United
States Agency for International Development and the Department
of State and used in support of the clearance of landmines and
unexploded ordnance for humanitarian purposes may be disposed
of on a grant basis in foreign countries, subject to such terms
and conditions as the President may prescribe.
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\92\ Language similar to subsec. (a) was first enacted as sec. 578
of the Foreign Assistance Appropriations Act, 1995. Subsec. (b), and
the reference to cluster munitions, was added in FY 2009.
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(b) Cluster Munitions.--No military assistance shall be
furnished for cluster munitions, no defense export license for
cluster munitions may be issued, and no cluster munitions or
cluster munitions technology shall be sold or transferred,
unless--
(1) the submunitions of the cluster munitions have a
99 percent or higher functioning rate; and
(2) the agreement applicable to the assistance,
transfer, or sale of the cluster munitions or cluster
munitions technology specifies that the cluster
munitions will only be used against clearly defined
military targets and will not be used where civilians
are known to be present.
millennium challenge corporation
Sec. 7057.\93\ (a) The Chief Executive Officer of the
Millennium Challenge Corporation shall, not later than 45 days
after enactment of this Act, submit to the Committee on
Appropriations a report on the proposed uses, on a country-by-
country basis, of all funds appropriated under the heading
``Millennium Challenge Corporation'' in this Act or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs projected to be obligated and
expended in fiscal year 2009 and subsequent fiscal years.
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\93\ Similar language was first enacted as sec. 699I of Foreign
Assistance Appropriations, 2008. That section also amended the
Millennium Challenge Act of 2003 to add an eligiblity criterion
relating to biodiversity and sustainable management of natural
resources. Report requirement on ``major programmatic changes to
existing compacts'' added in FY 2009.
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(b) The report required in paragraph (a) shall be updated
on a semi-annual basis and shall include, at a minimum, a
description of--
(1) compacts in development, including the status of
negotiations and the approximate range of value of the
proposed compact;
(2) compacts in implementation, including the
projected expenditure and disbursement of compact funds
during fiscal year 2009 and subsequent fiscal years as
determined by the country compact;
(3) threshold country programs in development,
including the approximate range of value of the
threshold country agreement;
(4) major programmatic changes to existing compacts
funded by this Act or prior Acts making appropriations
for the Department of State, foreign operations, and
related programs;
(5) threshold country programs in implementation; and
(6) use of administrative funds.
(c) The Chief Executive Officer of the Millennium Challenge
Corporation shall notify the Committees on Appropriations not
later than 15 days prior to signing any new country compact or
new threshold country program; terminating or suspending any
country compact or threshold country program; or commencing
negotiations for any new compact or threshold country program.
limitation on residence expenses
Sec. 7058.\94\ Of the funds appropriated or made available
pursuant to title II of this Act, not to exceed $100,500 shall
be for official residence expenses of the United States Agency
for International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
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\94\ Similar language was first enacted as sec. 113 of the Foreign
Assistance Appropriations Act, 1976.
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united states agency for international development management
(including transfer of funds)
Sec. 7059.\95\ (a) Authority.--Up to $81,000,000 of the
funds made available in title III of this Act to carry out the
provisions of part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for
Europe, Eurasia and Central Asia'', may be used by the United
States Agency for International Development (USAID) to hire and
employ individuals in the United States and overseas on a
limited appointment basis pursuant to the authority of sections
308 and 309 of the Foreign Service Act of 1980.
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\95\ 22 U.S.C. 3948 note.
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(b) Restrictions.--
(1) The number of individuals hired in any fiscal
year pursuant to the authority contained in subsection
(a) may not exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2010.
(c) Conditions.--The authority of subsection (a) may only
be used to the extent that an equivalent number of positions
that are filled by personal services contractors or other non-
direct hire employees of USAID, who are compensated with funds
appropriated to carry out part I of the Foreign Assistance Act
of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', are
eliminated.
(d) Priority Sectors.--In exercising the authority of this
section, primary emphasis shall be placed on enabling USAID to
meet personnel positions in technical skill areas currently
encumbered by contractor or other non-direct hire personnel.
(e) Consultations.--The USAID Administrator shall consult
with the Committees on Appropriations at least on a quarterly
basis concerning the implementation of this section.
(f) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority of
this section shall be the account to which such individual's
responsibilities primarily relate. Funds made available to
carry out this section may be transferred to, and merged with,
funds appropriated by this Act in title II under the heading
``Operating Expenses''.
(g) Foreign Service Limited Extensions.--Individuals hired
and employed by USAID, with funds made available in this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs, pursuant to the
authority of section 309 of the Foreign Service Act of 1980,
may be extended for a period of up to 4 years notwithstanding
the limitation set forth in such section.
(h) Junior Officer Placement Authority.--Of the funds made
available in subsection (a), USAID may use, in addition to
funds otherwise available for such purposes, up to $15,000,000
to fund overseas support costs of members of the Foreign
Service with a Foreign Service rank of four or below: Provided,
That such authority is only used to reduce USAID's reliance on
overseas personal services contractors or other non-direct hire
employees compensated with funds appropriated to carry out part
I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Europe, Eurasia
and Central Asia''.
(i) Disaster Surge Capacity.--Funds appropriated under
title III of this Act to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under the
heading ``Assistance for Europe, Eurasia and Central Asia'',
may be used, in addition to funds otherwise available for such
purposes, for the cost (including the support costs) of
individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters.
(j) Technical Advisors.--Up to $13,500,000 of the funds
made available by this Act in title III for assistance under
the heading ``Global Health and Child Survival'', may be used
to reimburse United States Government agencies, agencies of
State governments, institutions of higher learning, and private
and voluntary organizations for the full cost of individuals
(including for the personal services of such individuals)
detailed or assigned to, or contracted by, as the case may be,
USAID for the purpose of carrying out activities under that
heading: Provided, That up to $3,500,000 of the funds made
available by this Act for assistance under the heading
``Development Assistance'' may be used to reimburse such
agencies, institutions, and organizations for such costs of
such individuals carrying out other development assistance
activities.
(k) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961, and
title II of the Agricultural Trade Development and Assistance
Act of 1954, may be used by USAID to employ up to 25 personal
services contractors in the United States, notwithstanding any
other provision of law, for the purpose of providing direct,
interim support for new or expanded overseas programs and
activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than
10 of such contractors shall be assigned to any bureau or
office: Provided further, That such funds appropriated to carry
out title II of the Agricultural Trade Development and
Assistance Act of 1954, may be made available only for personal
services contractors assigned to the Office of Food for Peace.
(l) Recruitment Strategy.--Not later than December 31,
2009, the USAID Administrator, after consulting with the
Secretaries of Defense, Treasury, Agriculture, Interior,
Energy, and Health and Human Services, the Director of the
Centers for Disease Control and Prevention, the Administrator
of the Environmental Protection Agency, and the heads of other
relevant Federal departments and agencies, shall submit to the
Committees on Appropriations a recruitment strategy for current
and former employees from such departments and agencies who
possess skills and/or overseas experience which would enhance
USAID's capacity to carry out its mission: Provided, That funds
made available under the heading ``Operating Expenses'' in
title II of this Act may be made available to implement the
strategy described in the previous proviso, subject to the
regular notification procedures of the Committees on
Appropriations.
(m) Hiring Authority.--Notwithstanding section 307 of the
Foreign Service Act of 1980, the USAID Administrator may hire
up to 30 individuals under the Development Leadership
Initiative: Provided, That the authority contained in this
subsection shall expire on September 30, 2010.
global health activities
Sec. 7060. (a) Funds appropriated by titles III and IV of
this Act that are made available for bilateral assistance for
child survival activities or disease programs including
activities relating to research on, and the prevention,
treatment and control of, HIV/AIDS may be made available
notwithstanding any other provision of law except for the
provisions under the heading ``Global Health and Child
Survival'' and the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C.
7601 et seq.), as amended: Provided, That of the funds
appropriated under title III of this Act, not less than
$545,000,000 should be made available for family planning/
reproductive health.
(b) Notwithstanding any other provision of this Act, 10
percent of the funds that are appropriated by this Act for a
contribution to support the Global Fund to Fight AIDS,
Tuberculosis and Malaria (the ``Global Fund'') shall be
withheld from obligation to the Global Fund until the Secretary
of State reports to the Committees on Appropriations that the
Global Fund--
(1) is releasing incremental disbursements only if
grantees demonstrate progress against clearly defined
performance indicators; and
(2) is implementing a reporting system that breaks
down grantee budget allocations by programmatic
activity.
development grants program
Sec. 7061. Of the funds appropriated by this Act under the
heading ``Development Assistance'', not less than $40,000,000
shall be made available for the Development Grants Program
established pursuant to section 674 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2008 (division J of Public Law 110-161): \96\ Provided, That
funds made available under this section are in addition to
other funds available for such purposes including funds
designated by this Act by section 7065.
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\96\ 121 Stat. 2356.
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women in development
Sec. 7062. (a) Programs funded under title III of this Act
should include, where appropriate, gender considerations in the
planning, assessment, implementation, monitoring and evaluation
of such programs.
(b) Funds made available under title III of this Act should
be made available to support programs to enhance economic
opportunities for poor women in developing countries, including
increasing the number and capacity of women-owned enterprises,
improving property rights for women, increasing access to
financial services, and improving women's ability to
participate in the global economy.
gender-based violence
Sec. 7063.\97\ (a) Funds appropriated under the headings
``Development Assistance'' and ``Economic Support Fund'' in
this Act shall be made available for programs to address sexual
and gender-based violence.
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\97\ Language similar to subsec. (b) was first enacted as sec. 573
of the Foreign Assistance Appropriations Act, 2006.
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(b) Programs and activities funded under titles III and IV
of this Act that provide training for foreign police, judicial,
and military officials shall address, where appropriate,
gender-based violence.
education
Sec. 7064.\98\ (a) Basic Education.--
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\98\ Language related to basic education was first enacted as sec.
567 of the Foreign Assistance Appropriations Act, 2005; the language
has changed substantially from year to year.
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(1) Of the funds appropriated by title III of this
Act and by prior Acts for fiscal year 2009, not less
than $700,000,000 should be made available for
assistance for basic education, of which not less than
$400,000,000 shall be made available under the heading
``Development Assistance''.
(2) \99\ There shall continue to be a Coordinator of
United States government actions to provide basic
education assistance in developing countries as
established in section 664 of division J of Public Law
110-161.
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\99\ 22 U.S.C. 2651a note.
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(3) Funds appropriated for basic education in this
Act shall be made available for a pilot program in
three countries to develop and evaluate the
effectiveness and implementation of a 5-year basic
education strategic plan.
(b) Higher Education.--Of the funds appropriated by title
III of this Act and by prior Acts for fiscal year 2009, not
less than $133,000,000 shall be made available for assistance
for higher education.
reconciliation programs
Sec. 7065.\100\ Of the funds appropriated under the
headings ``Development Assistance'' and ``Economic Support
Fund'' in this Act, $25,000,000 shall be made available for
reconciliation programs which bring together and facilitate
interaction between individuals of different ethnic, religious
and political backgrounds from areas of civil conflict and war,
of which $9,000,000 shall be made available for such programs
in the Middle East: Provided, That the Administrator of the
United States Agency for International Development shall
consult with the Committees on Appropriations, prior to the
initial obligation of funds, on the most effective uses of such
funds.
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\100\ Similar language was first enacted as sec. 585 of the Foreign
Assistance Appropriations Act, 2004, though in FY 2006 the section read
``should be made available''.
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comprehensive expenditures report
Sec. 7066.\101\ Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing the total
amount of United States Government expenditures in fiscal years
2007 and 2008, by Federal agency, for assistance programs and
activities in each foreign country, identifying the line item
as presented in the President's Budget Appendix and the purpose
for which the funds were provided: Provided, That if required,
information may be submitted in classified form.
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\101\ Language was first enacted as sec. 633 of the Foreign
Assistance Appropriations Act, 2008.
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requests for documents
Sec. 7067.\102\ None of the funds appropriated or made
available pursuant to titles III through VI of this Act shall
be available to a nongovernmental organization, including any
contractor, which fails to provide upon timely request any
document, file, or record necessary to the auditing
requirements of the United States Agency for International
Development.
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\102\ Similar language was first enacted as sec. 546 of the Foreign
Assistance Appropriations Act, 1986.
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senior policy operating group
Sec. 7068. (a) The Senior Policy Operating Group on
Trafficking in Persons, established under section 105(f) of the
Victims of Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7103(f)) to coordinate agency activities regarding
policies (including grants and grant policies) involving the
international trafficking in persons, shall coordinate all such
policies related to the activities of traffickers and victims
of severe forms of trafficking.
(b) None of the funds provided under title I of this or any
other Act making appropriations for the Department of State,
foreign operations, and related programs shall be expended to
perform functions that duplicate coordinating responsibilities
of the Operating Group.
(c) The Operating Group shall continue to report only to
the authorities that appointed them pursuant to section 105(f).
prohibition on use of torture
Sec. 7069.\103\ None of the funds made available in this
Act shall be used in any way whatsoever to support or justify
the use of torture, cruel or inhumane treatment by any official
or contract employee of the United States Government.
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\103\ Language was first enacted as sec. 681 of the Foreign
Assistance Appropriations Act, 2008.
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africa
Sec. 7070. (a) Expanded International Military Education
and Training.--
(1) Funds appropriated under the heading
``International Military Education and Training'' in
this Act that are made available for assistance for
Angola, Cameroon, Central African Republic, Chad, Cote
D'Ivoire, and Guinea may be made available only for
expanded international military education and training.
(2) None of the funds appropriated under the heading
``International Military Education and Training'' in
this Act may be made available for assistance for
Equatorial Guinea.
(b)(1) Sudan Limitation on Assistance.--Subject to
subsection (2):
(A) Notwithstanding any other provision of law, none
of the funds appropriated by this Act may be made
available for assistance for the Government of Sudan.
(B) None of the funds appropriated by this Act may be
made available for the cost, as defined in section 502,
of the Congressional Budget Act of 1974, of modifying
loans and loan guarantees held by the Government of
Sudan, including the cost of selling, reducing, or
canceling amounts owed to the United States, and
modifying concessional loans, guarantees, and credit
agreements.
(2) Subsection (b)(1) shall not apply if the Secretary of
State determines and certifies to the Committees on
Appropriations that:
(A) The Government of Sudan honors its pledges to
cease attacks upon civilians and disarms and
demobilizes the Janjaweed and other government-
supported militias.
(B) The Government of Sudan and all government-
supported militia groups are honoring their commitments
made in all previous cease-fire agreements.
(C) The Government of Sudan is allowing unimpeded
access to Darfur to humanitarian aid organizations, the
human rights investigation and humanitarian teams of
the United Nations, including protection officers, and
an international monitoring team that is based in
Darfur and has the support of the United States.
(3) Exceptions.--The provisions of subsection (b)(1) shall
not apply to--
(A) humanitarian assistance;
(B) assistance for the Darfur region, Southern Sudan,
Southern Kordofan/Nuba Mountains State, Blue Nile
State, and Abyei; and
(C) assistance to support implementation of the
Comprehensive Peace Agreement and the Darfur Peace
Agreement or any other internationally-recognized
viable peace agreement in Sudan.
(4) Definitions.--For the purposes of this Act, the term
``Government of Sudan'' shall not include the Government of
Southern Sudan.
(5) Notwithstanding any other law, assistance in this Act
may be made available to the Government of Southern Sudan to
provide non-lethal military assistance, military education and
training, and defense services controlled under the
International Traffic in Arms Regulations (22 CRF 120.1 et
seq.) if the Secretary of State--
(A) determines that the provision of such items is in
the national interest of the United States; and
(B) not later than 15 days before the provision of
any such assistance, notifies the Committees on
Appropriations of such determination.
(c) Horn of Africa and Pan Sahel Program.--Funds
appropriated under the heading ``Economic Support Fund'' in
this Act that are made available for programs and activities to
counter extremism in the Horn of Africa and the Pan Sahel
region of Africa, shall be administered by the United States
Agency for International Development, and are in addition to
funds otherwise made available for such purposes.
(d) War Crimes in Africa.--
(1) The Congress reaffirms its support for the
efforts of the International Criminal Tribunal for
Rwanda (ICTR) and the Special Court for Sierra Leone
(SCSL) to bring to justice individuals responsible for
war crimes and crimes against humanity in a timely
manner.
(2) Funds appropriated by this Act, including funds
for debt restructuring, may be made available for
assistance for the central government of a country in
which individuals indicted by ICTR and SCSL are
credibly alleged to be living, if the Secretary of
State determines and reports to the Committees on
Appropriations that such government is cooperating with
ICTR and SCSL, including the surrender and transfer of
indictees in a timely manner: Provided, That this
subsection shall not apply to assistance provided under
section 551 of the Foreign Assistance Act of 1961 or to
project assistance under title VI of this Act: Provided
further, That the United States shall use its voice and
vote in the United Nations Security Council to fully
support efforts by ICTR and SCSL to bring to justice
individuals indicted by such tribunals in a timely
manner.
(3) The prohibition in subsection (2) may be waived
on a country-by-country basis if the President
determines that doing so is in the national security
interest of the United States: Provided, That prior to
exercising such waiver authority, the President shall
submit a report to the Committees on Appropriations, in
classified form if necessary, on--
(A) the steps being taken to obtain the
cooperation of the government in surrendering
the indictee in question to the court of
jurisdiction;
(B) a strategy, including a timeline, for
bringing the indictee before such court; and
(C) the justification for exercising the
waiver authority.
(e) Zimbabwe.--
(1) \104\ The Secretary of the Treasury shall
instruct the United States executive director to each
international financial institution to vote against any
extension by the respective institution of any loans to
the Government of Zimbabwe, except to meet basic human
needs or to promote democracy, unless the Secretary of
State determines and reports in writing to the
Committees on Appropriations that the rule of law has
been restored in Zimbabwe, including respect for
ownership and title to property, freedom of speech and
association, and a transition government has been
established that reflects the will of the people as
they voted in the March 2008 elections.
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\104\ 22 U.S.C. 2151 note.
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(2) None of the funds appropriated by this Act shall
be made available for assistance for the central
government of Zimbabwe unless the Secretary of State
makes the determination pursuant to subsection (e)(1).
asia
Sec. 7071. (a) Tibet.--
(1) The Secretary of the Treasury should instruct the
United States executive director to each international
financial institution to use the voice and vote of the
United States to support projects in Tibet if such
projects do not provide incentives for the migration
and settlement of non-Tibetans into Tibet or facilitate
the transfer of ownership of Tibetan land and natural
resources to non-Tibetans; are based on a thorough
needs-assessment; foster self-sufficiency of the
Tibetan people and respect Tibetan culture and
traditions; and are subject to effective monitoring.
(2) Notwithstanding any other provision of law, not
less than $7,300,000 of the funds appropriated by this
Act under the heading ``Economic Support Fund'' should
be made available to nongovernmental organizations to
support activities which preserve cultural traditions
and promote sustainable development and environmental
conservation in Tibetan communities in the Tibetan
Autonomous Region and in other Tibetan communities in
China.
(b) Burma.--
(1) \105\ The Secretary of the Treasury shall
instruct the United States executive director to each
appropriate international financial institution in
which the United States participates, to oppose and
vote against the extension by such institution any loan
or financial or technical assistance or any other
utilization of funds of the respective bank to and for
Burma.
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\105\ 50 U.S.C. 1701 note.
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(2) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$15,000,000 shall be made available to support
democracy activities in Burma, along the Burma-Thailand
border, for activities of Burmese student groups and
other organizations located outside Burma, and for the
purpose of supporting the provision of humanitarian
assistance to displaced Burmese along Burma's borders:
Provided, That such funds may be made available
notwithstanding any other provision of law: Provided
further, That in addition to assistance for Burmese
refugees provided under the heading ``Migration and
Refugee Assistance'' in this Act, not less than
$4,000,000 shall be made available for community-based
organizations operating in Thailand to provide food,
medical and other humanitarian assistance to internally
displaced persons in eastern Burma: Provided further,
That funds made available under this paragraph shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(c) Indonesia.--
(1) Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'', not to
exceed $15,700,000 shall be made available for
assistance for Indonesia, of which $2,000,000 shall be
made available only after the Secretary of State
submits to the Committees on Appropriations the report
on Indonesia detailed in the explanatory statement
described in section 4 (in the matter preceding
division A of this consolidated Act) under such
heading.
(2) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'' that are available
for assistance for Indonesia, not less than $300,000
should be made available for grants for capacity
building of Indonesian human rights organizations,
including in Papua.
(d) Cambodia.--Funds appropriated under the heading
``Economic Support Fund'' in this Act for assistance for
Cambodia may be used for an endowment, and shall be made
available to strengthen the capacity of the Government of
Cambodia to combat human trafficking, notwithstanding any other
provision of law.
(e) North Korea.--
(1) Funds made available under the heading
``Migration and Refugee Assistance'' in this Act shall
be made available for assistance for refugees from
North Korea.
(2) Of the funds made available under the heading
``International Broadcasting Operations'' in title I of
this Act, not less than $8,000,000 shall be made
available for broadcasts into North Korea.
(3) None of the funds made available under the
heading ``Economic Support Fund'' in fiscal year 2009
may be made available for obligation for energy-related
assistance for North Korea unless the Secretary of
State determines and reports to the Committees on
Appropriations that North Korea is continuing to
fulfill its commitments under the Six Party Talks
agreements.
(f) People's Republic of China.--
(1) Notwithstanding any other provision of law and
subject to the regular notification procedures of the
Committees on Appropriations, of the funds appropriated
under the heading ``Development Assistance'' in this
Act, not less than $11,000,000 shall be made available
to United States educational institutions and
nongovernmental organizations for programs and
activities in the People's Republic of China relating
to the environment, governance and the rule of law.
(2) None of the funds appropriated under the heading
``Diplomatic and Consular Programs'' in this Act may be
obligated or expended for processing licenses for the
export of satellites of United States origin (including
commercial satellites and satellite components) to the
People's Republic of China unless, at least 15 days in
advance, the Committees on Appropriations are notified
of such proposed action.
(3) Not later than 180 days after enactment of this
Act, the Secretary of State shall submit a report to
the Committees on Appropriations detailing, to the
extent practicable, the amount of assistance provided
by the People's Republic of China to governments and
entities in Latin America and Africa during the
previous calendar year, and shall make such report
publicly available in a timely manner on the website of
the Department of State and the United States Agency
for International Development in English and Mandarin.
(4) Of the funds appropriated under the heading
``Diplomatic and Consular Programs'' in this Act,
$1,000,000 shall be made available to the Bureau of
International Information Programs to disseminate
information, in Mandarin, in the People's Republic of
China: Provided, That such information shall include
issues of governance, transparency, corruption, rule of
law, and the environment, and the findings of the
report required by paragraph (3) of this subsection,
and shall be disseminated through the Internet, text
messaging or other means, and directed to economically
depressed areas of the People's Republic of China:
Provided further, That such funds are in addition to
funds otherwise made available for such purposes:
Provided further, That the Department of State shall
consult with the Committees on Appropriations prior to
the initial obligation of funds made available by this
subsection.
(5) The terms and requirements of section 620(h) of
the Foreign Assistance Act of 1961 shall apply to
foreign assistance projects or activities of the
People's Liberation Army (PLA) of the People's Republic
of China, to include such projects or activities by any
entity that is owned or controlled by, or an affiliate
of, the PLA: Provided, That none of the funds
appropriated or otherwise made available pursuant to
this Act may be used to finance any grant, contract, or
cooperative agreement with the PLA, or any entity that
the Secretary of State has reason to believe is owned
or controlled by, or an affiliate of, the PLA.
(g) Philippines.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'', not
to exceed $30,000,000 may be made available for assistance for
the Philippines, of which $2,000,000 may not be obligated until
the Secretary of State reports in writing to the Committees on
Appropriations that--
(1) the Government of the Philippines is taking
effective steps to implement the recommendations of the
United Nations Special Rapporteur on Extra-judicial,
Summary or Arbitrary Executions, to include
prosecutions and convictions for extrajudicial
executions; sustaining the decline in the number of
extra-judicial executions; addressing allegations of a
death squad in Davao City; and strengthening government
institutions working to eliminate extra-judicial
executions;
(2) the Government of the Philippines is implementing
a policy of promoting military personnel who
demonstrate professionalism and respect for
internationally recognized human rights, and is
investigating and prosecuting military personnel and
others who have been credibly alleged to have violated
such rights; and
(3) the Philippine Armed Forces do not have a policy
of, and are not engaging in, acts of intimidation or
violence against members of legal organizations who
advocate for human rights.
(h) Vietnam.--Notwithstanding any other provision of law,
funds appropriated under the heading ``Development Assistance''
in this Act may be made available for programs and activities
in the central highlands of Vietnam, and shall be made
available for environmental remediation and related health
activities in Vietnam.
serbia
Sec. 7072.\106\ (a) Funds appropriated by this Act may be
made available for assistance for the central Government of
Serbia after May 31, 2009, if the President has made the
determination and certification contained in subsection (c).
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\106\ Related language was first enacted as sec. 594 of the Foreign
Assistance Appropriations Act, 2001, though the language has changed
substantially from one year to the next.
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(b) After May 31, 2009, the Secretary of the Treasury
should instruct the United States executive directors to the
international financial institutions to support loans and
assistance to the Government of Serbia subject to the
conditions in subsection (c).
(c) The determination and certification referred to in
subsection (a) is a determination and a certification by the
President to the Committees on Appropriations that the
Government of Serbia is--
(1) cooperating with the International Criminal
Tribunal for the former Yugoslavia including access for
investigators, the provision of documents, timely
information on the location, movement, and sources of
financial support of indictees, and the surrender and
transfer of indictees or assistance in their
apprehension, including Ratko Mladic;
(2) taking steps that are consistent with the Dayton
Accords to end Serbian financial, political, security
and other support which has served to maintain separate
Republika Srpska institutions; and
(3) taking steps to implement policies which reflect
a respect for minority rights and the rule of law.
(d) This section shall not apply humanitarian assistance or
assistance to promote democracy.
independent states of the former soviet union
Sec. 7073.\107\ (a) None of the funds appropriated under
the heading ``Assistance for Europe, Eurasia and Central Asia''
shall be made available for assistance for a government of an
Independent State of the former Soviet Union if that government
directs any action in violation of the territorial integrity or
national sovereignty of any other Independent State of the
former Soviet Union, such as those violations included in the
Helsinki Final Act: Provided, That such funds may be made
available without regard to the restriction in this subsection
if the President determines that to do so is in the national
security interest of the United States.
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\107\ Assistance to the ``New independent states of the former
Soviet Union'' was first enacted in title II of the Foreign Assistance
Appropriations Act, 1993. The FREEDOM Support Act (Public Law 102-511)
enacted authorization, adding chapter 11 to the Foreign Assistance Act
of 1961. Terms from various years' foreign assistance appropriations
were first enacted in general provisions as sec. 517 of the Foreign
Assistance Appropriations Act, 1999.
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(b) Funds appropriated under the heading ``Assistance for
Europe, Eurasia and Central Asia'' for the Russian Federation,
Armenia, Kazakhstan, and Uzbekistan shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(c)(1) Of the funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'' 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.
(d) 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 \108\ or non-proliferation
assistance;
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\108\ Sec. 1424 of the Defense Against Weapons of Mass Destruction
Act of 1996 (title XIV of Public Law 104-201; 50 U.S.C. 2301 note)
relates to international border security among the states of the former
Soviet Union, the Baltic States, and other countries of Eastern Europe.
For text, see Legislation on Foreign Relations Through 2008, vol. II-B.
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(2) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et
seq.);
(5) any financing provided under the Export-Import
Bank Act of 1945; or
(6) humanitarian assistance.
repression in the russian federation
Sec. 7074.\109\ (a) None of the funds appropriated under
the heading ``Assistance for Europe, Eurasia and Central Asia''
in this Act may be made available for the Government of the
Russian Federation, after 180 days from the date of the
enactment of this Act, unless the President determines and
certifies in writing to the Committees on Appropriations that
the Government of the Russian Federation: (1) has implemented
no statute, Executive order, regulation or similar government
action that would discriminate, or which has as its principal
effect discrimination, against religious groups or religious
communities in the Russian Federation in violation of accepted
international agreements on human rights and religious freedoms
to which the Russian Federation is a party; and (2) is (A)
honoring its international obligations regarding freedom of
expression, assembly, and press, as well as due process; (B)
investigating and prosecuting law enforcement personnel
credibly alleged to have committed human rights abuses against
political leaders, activists and journalists; and (C)
immediately releasing political leaders, activists and
journalists who remain in detention.
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\109\ Similar language was first enacted as sec. 577 of the Foreign
Assistance Appropriations Act, 1998. Not included in the FY 2003 Act,
however.
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(b) The Secretary of State may waive the requirements of
subsection (a) if the Secretary determines that to do so is
important to the national interests of the United States.
central asia
Sec. 7075.\110\ (a) Funds appropriated by this Act may be
made available for assistance for the Government of Kazakhstan
only if the Secretary of State determines and reports to the
Committees on Appropriations that the Government of Kazakhstan
has made significant improvements in the protection of human
rights and civil liberties during the preceding 6 month period,
including by fulfilling obligations recommended by the
Organization for Security and Cooperation in Europe (OSCE) in
the areas of election procedures, media freedom, freedom of
religion, free assembly and minority rights, and by meeting the
commitments it made in connection with its assumption of the
Chairmanship of the OSCE in 2010.
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\110\ Similar language was first enacted as sec. 574(b) through (e)
of the Foreign Assistance Appropriations Act, 2003. In FY 2003 and FY
2004, the sections relating to Uzbekistan and Kazakhstan were combined
in one section under the heading ``Central Asia''.
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(b) The Secretary of State may waive subsection (a) if the
Secretary determines and reports to the Committees on
Appropriations that such a waiver is important to the national
security of the United States.
(c) Not later than October 1, 2009, the Secretary of State
shall submit a report to the Committees on Appropriations
describing the following:
(1) The defense articles, defense services, and
financial assistance provided by the United States to
the countries of Central Asia during the 12-month
period ending 30 days prior to submission of such
report.
(2) The use during such period of defense articles,
defense services, and financial assistance provided by
the United States by units of the armed forces, border
guards, or other security forces of such countries.
(d) For purposes of this section, the term ``countries of
Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic,
Tajikistan, and Turkmenistan.
uzbekistan
Sec. 7076.\111\ (a) Funds appropriated by this Act may be
made available for assistance for the central Government of
Uzbekistan only if the Secretary of State determines and
reports to the Committees on Appropriations that the Government
of Uzbekistan is making substantial and continuing progress--
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\111\ Similar language first enacted as sec. 574(a) of the Foreign
Assistance Appropriations Act, 2003. In FY 2003 and FY 2004, the
sections relating to Uzbekistan and Kazakhstan were combined in one
section under the heading ``Central Asia''. Reference to excess defense
articles was added in FY 2006.
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(1) in meeting its commitments under the
``Declaration on the Strategic Partnership and
Cooperation Framework Between the Republic of
Uzbekistan and the United States of America'',
including respect for internationally recognized human
rights, establishing a genuine multi-party system, and
ensuring free and fair elections, freedom of
expression, and the independence of the media; and
(2) in investigating and prosecuting the individuals
responsible for the deliberate killings of civilians in
Andijan in May 2005.
(b) If the Secretary of State has credible evidence that
any current or former official of the Government of Uzbekistan
was responsible for the deliberate killings of civilians in
Andijan in May 2005, or for other violations of internationally
recognized human rights in Uzbekistan, not later than 6 months
after enactment of this Act any person identified by the
Secretary pursuant to this subsection shall be ineligible for
admission to the United States.
(c) The restriction in subsection (b) shall cease to apply
if the Secretary determines and reports to the Committees on
Appropriations that the Government of Uzbekistan has taken
concrete and measurable steps to improve respect for
internationally recognized human rights, including allowing
peaceful political and religious expression, releasing
imprisoned human rights defenders, and implementing
recommendations made by the United Nations on torture.
(d) The Secretary may waive the application of subsection
(b) if the Secretary determines that admission to the United
States is necessary to attend the United Nations or to further
United States law enforcement objectives.
(e) For the purpose of this section ``assistance'' shall
include excess defense articles.
afghanistan
Sec. 7077.\112\ Of the funds appropriated under titles III
and IV of this Act, not less than $1,041,950,000 should be made
available for assistance for Afghanistan, of which not less
than $100,000,000 shall be made available to support programs
that directly address the needs of Afghan women and girls,
including for the Afghan Independent Human Rights Commission,
the Afghan Ministry of Women's Affairs, and for women-led
nonprofit organizations in Afghanistan.
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\112\ A section relating to funds for Afghanistan was first enacted
as sec. 523 of the Foreign Assistance Appropriations Act, 2003, though
Afghanistan was also included in earlier emergency supplemental
appropriations, beginning with the 2001 Emergency Supplemental
Appropriations Act for Recovery from and Response to Terrorist Attacks
on the United States (Public Law 107-38). The language has
substantially changed from year to year.
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enterprise funds
Sec. 7078.\113\ (a) Prior to the distribution of any assets
resulting from any liquidation, dissolution, or winding up of
an Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance with
the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
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\113\ Language similar to subsec. (a) was first enacted as sec. 577
of the Foreign Assistance Appropriations Act, 1999. Language similar to
subsec. (b) was first enacted as sec. 530(b) of the Foreign Assistance
Appropriations Act, 2006. The requirement of regular notification
procedures of the Committees on Appropriations is new in FY 2009.
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(b) Funds made available under titles III through VI of
this Act for Enterprise Funds shall be expended at the minimum
rate necessary to make timely payment for projects and
activities and shall be subject to the regular notification
procedures of the Committees on Appropriations.
united nations population fund
Sec. 7079.\114\ (a) Contribution.--Of the funds made
available under the headings ``International Organizations and
Programs'' and ``Global Health and Child Survival'' in this Act
for fiscal year 2009, $50,000,000 shall be made available for
the United Nations Population Fund (UNFPA), of which not more
than $30,000,000 shall be derived from funds appropriated under
the heading ``International Organizations and Programs''.
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\114\ Language related to the same issue was first enacted as sec.
518A of the Foreign Assistance Appropriations Act, 1996.
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(b) Availability of Funds.--Funds appropriated by this Act
for UNFPA, that are not made available because of the operation
of any provision of law, shall be made available to UNFPA
notwithstanding any such provision of law, subject to the
regular notification procedures of the Committees on
Appropriations, only for the following purposes and subject to
the provisions of this section--
(1) provide and distribute equipment, medicine, and
supplies, including safe delivery kits and hygiene
kits, to ensure safe childbirth and emergency obstetric
care;
(2) make available supplies of contraceptives for the
prevention of unintended pregnancies and the spread of
sexually transmitted infections, including HIV/AIDS;
(3) prevent and treat cases of obstetric fistula;
(4) reestablish maternal health services in areas
where medical infrastructure and such services have
been destroyed or limited by natural disasters, armed
conflict, or other factors;
(5) promote abandonment of female genital mutilation
and cutting and child marriage; and
(6) promote access to basic services, including clean
water, sanitation facilities, food, and health care,
for poor women and girls.
(c) Prohibition on Use of Funds in China.--None of the
funds made available by this Act may be used by UNFPA for a
country program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made
available by this Act for UNFPA may be made available if--
(1) UNFPA maintains funds made available by this Act
in an account separate from other accounts of UNFPA and
does not commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Witholding of Funds.--
(1) Not later than 60 days after the date of
enactment of this Act, the Secretary of State shall
submit a report to the Committees on Appropriations
indicating the amount of funds that the UNFPA is
budgeting for the year in which the report is submitted
for a country program in the People's Republic of
China.
(2) If the report under this subparagraph indicates
that the UNFPA plans to spend funds for a country
program in the People's Republic of China in the year
covered by the report, then the amount of such funds
the UNFPA plans to spend in the People's Republic of
China shall be deducted from the funds made available
to the UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is
submitted.
prohibition on publicity or propaganda
Sec. 7080.\115\ No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
within the United States not authorized before the date of the
enactment of this Act by the Congress: Provided, That not to
exceed $25,000 may be made available to carry out the
provisions of section 316 of Public Law 96-533.\116\
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\115\ First enacted, not including proviso, as sec. 102 of the
Mutual Security Appropriations Act, 1958. The proviso, which originally
prohibited any funds from foreign assistance appropriations being made
available to carry out the provisions of sec. 316 of Public Law 96-533,
was added by the Foreign Assistance Appropriations Act, 1996.
See also sec. 109 of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (Public Law 100-204), Legislation on Foreign
Relations Through 2008, vol. II-A, for related language.
\116\ Sec. 316 of Public Law 96-533 provided the following:
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``world hunger
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``Sec. 316. (a) In order to further the purposes of section 103 of
the Foreign Assistance Act of 1961, the Director of the United States
International Development Cooperation Agency shall encourage the
ongoing work of private and voluntary organizations to deal with world
hunger problems abroad. To this end, the Director shall help facilitate
widespread public discussion, analysis, and review of the issues raised
by the Report of the Presidential Commission on World Hunger of March
1980, especially the issues raised by the Commission's call for
increased public awareness of the political, economic, technical, and
social factors relating to hunger and poverty.
``(b) As a means of carrying out subsection (a), and to ensure the
effectiveness of private and voluntary organizations in dealing with
world hunger abroad, the Director is urged to provide assistance to
private and voluntary organizations engaged in facilitating public
discussion of hunger and other related issues.''.
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opic
(including transfer of funds)
Sec. 7081.\117\ (a) Authority.--Notwithstanding section
235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2195(a)(2)), the authority of subsections (a) through (c) of
section 234 of such Act shall remain in effect through
September 30, 2009.
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\117\ 22 U.S.C. 2194 note. Language similar to subsec. (b) was
first enacted as sec. 579 of the Foreign Assistance Appropriations Act,
2006.
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(b) Funding.--Whenever the President determines that it is
in furtherance of the purposes of the Foreign Assistance Act of
1961, up to a total of $20,000,000 of the funds appropriated
under title III of this Act may be transferred to, and merged
with, funds appropriated by this Act for the Overseas Private
Investment Corporation Program Account, to be subject to the
terms and conditions of that account: Provided, That such funds
shall not be available for administrative expenses of the
Overseas Private Investment Corporation: Provided further, That
designated funding levels in this Act shall not be transferred
pursuant to this section: Provided further, That the exercise
of such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
extradition
Sec. 7082.\118\ (a) None of the funds appropriated in this
Act may be used to provide assistance (other than funds
provided under the headings ``International Narcotics Control
and Law Enforcement'', ``Migration and Refugee Assistance'',
``Emergency Migration and Refugee Assistance'', and
``Nonproliferation, Anti-terrorism, Demining and Related
Assistance'') for the central government of a country which has
notified the Department of State of its refusal to extradite to
the United States any individual indicted for a criminal
offense for which the maximum penalty is life imprisonment
without the possibility of parole or for killing a law
enforcement officer, as specified in a United States
extradition request.
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\118\ Similar language was first enacted as secs. 581 and 583 of
the Foreign Assistance Appropriations Act, 2006.
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(b) Subsection (a) shall only apply to the central
government of a country with which the United States maintains
diplomatic relations and with which the United States has an
extradition treaty and the government of that country is in
violation of the terms and conditions of the treaty.
(c) The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary
certifies to the Committees on Appropriations that such waiver
is important to the national interests of the United States.
energy and environment
Sec. 7083.\119\ (a) Clean Energy.--Of the funds
appropriated by title III of this Act, not less than
$100,000,000 shall be made available to the United States
Agency for International Development (USAID), in addition to
funds otherwise made available for such purposes, for programs
and activities that reduce global warming by promoting the
sustainable use of renewable energy technologies and energy
efficient end-use technologies, carbon sequestration, and
carbon accounting.
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\119\ Language pertaining to greenhouse gas emissions was first
enacted as sec. 573 of the Foreign Assistance Appropriations Act, 1999.
Sec. 580 of the Foreign Assistance Appropriations Act, 1998, first
required a report on climate change. Sec. 554 of the Foreign Assistance
Appropriations Act, 2003, addressed protection of biodiversity and
tropical forests. Sec. 555 of the Foreign Assistance Appropriations
Act, 2004, provided the first appropriations targeting biodiversity
programs in the Amazon Basin of Brazil, expanded in FY 2006 to include
other countries in the Amazon Basin region.
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(b) Climate Change Adaptation.--Of the funds appropriated
by this Act, up to $10,000,000 shall be made available for a
United States contribution to the Least Developed Countries
Fund to support grants for climate change adaptation programs
and activities, if the Global Environment Facility makes
publicly available on its website an annual report detailing
the criteria used to determine which programs and activities
receive funds, the manner in which such programs and activities
meet such criteria, the extent of local involvement in such
programs and activities, the amount of funds provided, and the
results achieved.
(c) Biodiversity.--Of the funds appropriated by title III
of this Act and by prior Acts for fiscal year 2009, not less
than $195,000,000 shall be made available for programs and
activities which directly protect biodiversity, including
tropical forests and wildlife, in developing countries, of
which not less than $25,000,000 shall be made available for
USAID's conservation programs in the Amazon Basin: Provided,
That of the funds made available under this paragraph, not less
than $17,500,000 shall be made available for the Congo Basin
Forest Partnership of which not less than $2,500,000 shall be
made available to the United States Fish and Wildlife Service
for conservation programs in Africa: Provided further, That
funds appropriated by this Act to carry out the provisions of
sections 103 through 106, and chapter 4 of part II, of the
Foreign Assistance Act of 1961 may be used, notwithstanding any
other provision of law, for the purpose of supporting tropical
forestry and biodiversity conservation activities and energy
programs aimed at reducing greenhouse gas emissions: Provided
further, That funds appropriated under the heading
``Development Assistance'' may be made available as a
contribution to the Galapagos Invasive Species Fund.
(d)(1) Extraction of Natural Resources.--The Secretary of
the Treasury shall inform the managements of the international
financial institutions and the public that it is the policy of
the United States to oppose any assistance by such institutions
(including but not limited to any loan, credit, grant, or
guarantee) for the extraction and export of oil, gas, coal,
timber, or other natural resource unless the government of the
country has in place functioning systems for: (i) accurately
accounting for payments for companies involved in the
extraction and export of natural resources; (ii) the
independent auditing of accounts receiving such payments and
the widespread public dissemination of the findings of such
audits; and (iii) verifying government receipts against company
payments including widespread dissemination of such payment
information, and disclosing such documents as Host Government
Agreements, Concession Agreements, and bidding documents,
allowing in any such dissemination or disclosure for the
redaction of, or exceptions for, information that is
commercially proprietary or that would create competitive
disadvantage.
(2) Not later than 180 days after the enactment of this
Act, the Secretary of the Treasury shall submit a report to the
Committees on Appropriations describing, for each international
financial institution, the amount and type of assistance
provided, by country, for the extraction and export of oil,
gas, coal, timber, or other natural resources in the preceeding
12 months, and whether each institution considered, in its
proposal for such assistance, the extent to which the country
has functioning systems described in paragraph (1).
prohibition on promotion of tobacco
Sec. 7084.\120\ None of the funds provided by this Act
shall be available to promote the sale or export of tobacco or
tobacco products, or to seek the reduction or removal by any
foreign country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not applied
equally to all tobacco or tobacco products of the same type.
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\120\ First enacted as sec. 699N of the Foreign Assistance
Appropriations Act, 2008.
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commercial leasing of defense articles
Sec. 7085.\121\ Notwithstanding any other provision of law,
and subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a) of
the Arms Export Control Act may be used to provide financing to
Israel, Egypt and NATO and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
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\121\ Similar language was first enacted as sec. 580 of the Foreign
Assistance Appropriations Act, 1989.
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anti-kleptocracy
Sec. 7086.\122\ (a) In furtherance of the National Strategy
to Internationalize Efforts Against Kleptocracy and
Presidential Proclamation 7750, the Secretary of State shall
compile and maintain a list of officials of foreign governments
and their immediate family members who the Secretary has
credible evidence have been involved in corruption relating to
the extraction of natural resources in their countries.
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\122\ 8 U.S.C. 1182 note. Similar language was first enacted as
sec. 699L of the Foreign Assistance Appropriations Act, 2008.
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(b) Any individual on the list compiled under subsection
(a) shall be ineligible for admission to the United States.
(c) The Secretary may waive the application of subsection
(b) if the Secretary determines that admission to the United
States is necessary to attend the United Nations or to further
United States law enforcement objectives, or that the
circumstances which caused the individual to be included on the
list have changed sufficiently to justify the removal of the
individual from the list.
(d) Not later than 90 days after enactment of this Act and
180 days thereafter, the Secretary of State shall report in
writing, in classified form if necessary, to the Committees on
Appropriations describing the evidence of corruption concerning
individuals listed pursuant to subsection (a).
training and equipment reports
Sec. 7087.\123\ (a) The annual foreign military training
report required by section 656 of the Foreign Assistance Act of
1961 shall be submitted by the Secretary of Defense and the
Secretary of State to the Committees on Appropriations by the
date specified in that section.
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\123\ Language similar to subsec. (a) first enacted as sec. 652 of
the Foreign Assistance Appropriations Act, 2008. Related reporting
requirements first enacted as sec. 581 of the Foreign Assistance
Appropriations Act, 1998. Proviso on operations and maintenance new in
FY 2009.
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(b) Not later than 90 days after enactment of this Act, the
Secretary of State, in consultation with other relevant United
States Government agencies, shall submit to the Committees on
Appropriations a report detailing the equipment to be purchased
with funds appropriated or otherwise made available under the
headings ``Andean Counterdrug Programs'', ``International
Narcotics Control and Law Enforcement'', and ``Foreign Military
Financing Program'' in this Act: Provided, That such report
shall include a description of the anticipated costs associated
with the operation and maintenance of such equipment in
subsequent fiscal years: Provided further, That for the
purposes of this subsection, ``equipment'' shall be defined as
any aircraft, vessel, boat or vehicle.
transparency and accountability
Sec. 7088.\124\ (a) United Nations.--Funds made available
by this Act shall be made available to continue reform efforts
at the United Nations: Provided, That not later than September
30, 2009, the Secretary of State shall submit a report to the
Committees on Appropriations detailing actions taken by United
Nations organizations under the headings ``Contributions to
International Organizations'' and ``International Organizations
and Programs'' to continue reform of United Nations financial
management systems and program oversight.
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\124\ Language relating to UNDP first enacted as sec. 668(b) of the
Foreign Assistance Appropriations Act, 2008. Language relating to World
Bank first enacted as sec. 668(c)(1) of that Act. Language relating to
national budget transparency first enacted as sec. 668(e) of that Act,
except the 2008 Act continued a reporting requirement on transparency
first enacted as sec. 585(b) of the Foreign Assistance Appropriations
Act, 2003.
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(b) World Bank.--Section 668(c)(1) of the Consolidated
Appropriations Act, 2008 (Public Law 110-161) is amended by
striking ``that'' and inserting ``on the extent to which''.
(c) National Budget Transparency.--
(1) None of the funds appropriated by this Act may be
made available for assistance for the central
government of any country that fails to make publicly
available on an annual basis its national budget, to
include income and expenditures.
(2) The Secretary of State may waive the requirements
of paragraph (1) on a country-by-country basis if the
Secretary reports to the Committees on Appropriations
that to do so is important to the national interest of
the United States.
disability programs
Sec. 7089.\125\ (a) Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than
$4,000,000 shall be made available for programs and activities
administered by the United States Agency for International
Development (USAID) to address the needs and protect the rights
of people with disabilities in developing countries, and for
programs to make publicly available information on independent
living, advocacy, education, and transportation for people with
disabilities and disability advocacy organizations in
developing countries, including for the cost of translation.
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\125\ Language related to disability programs was first enacted as
sec. 579 of the Foreign Assistance Appropriations Act, 2005.
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(b) Funds appropriated under the heading ``Operating
Expenses'' in title II of this Act shall be made available to
develop and implement training for staff in overseas USAID
missions to promote the full inclusion and equal participation
of people with disabilities in developing countries.
(c) The Secretary of State, the Secretary of the Treasury,
and the USAID Administrator shall seek to ensure that, where
appropriate, construction projects funded by this Act are
accessible to people with disabilities and in compliance with
the USAID Policy on Standards for Accessibility for the
Disabled, or other similar accessibility standards.
(d) Of the funds made available pursuant to subsection (a),
not more than 7 percent may be for management, oversight and
technical support.
orphans, displaced and abandoned children
Sec. 7090.\126\ Of the funds appropriated under title III
of this Act, $3,000,000 should be made available for activities
to improve the capacity of foreign government agencies and
nongovernmental organizations to prevent child abandonment,
address the needs of orphans, displaced and abandoned children
and provide permanent homes through family reunification,
guardianship and domestic adoptions: Provided, That funds made
available under title III of this Act should be made available,
as appropriate, consistent with--
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\126\ Similar language was first enacted as sec. 594 of the Foreign
Assistance Appropriations Act, 2006.
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(1) the goal of enabling children to remain in the
care of their family of origin, but when not possible,
placing children in permanent homes through adoption;
(2) the principle that such placements should be
based on informed consent which has not been induced by
payment or compensation;
(3) the view that long-term foster care or
institutionalization are not permanent options and
should be used when no other suitable permanent options
are available; and
(4) the recognition that programs that protect and
support families can reduce the abandonment and
exploitation of children.
sri lanka
Sec. 7091.\127\ (a) None of the funds appropriated by this
Act under the heading ``Foreign Military Financing Program''
may be made available for assistance for Sri Lanka, no defense
export license may be issued, and no military equipment or
technology shall be sold or transferred to Sri Lanka pursuant
to the authorities contained in this Act or any other Act,
until the Secretary of State certifies to the Committee on
Appropriations that--
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\127\ Similar language was first enacted as sec. 699G of the
Foreign Assistance Appropriations Act, 2008; sec. 591 of the 2006
appropriations provided Foreign Military Financing for Sri Lanka and
other Asian countries, though the language is substantially changed.
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(1) the Sri Lankan military is suspending and the
Government of Sri Lanka is bringing to justice members
of the military who have been credibly alleged to have
violated internationally recognized human rights or
international humanitarian law, including complicity in
the recruitment of child soldiers;
(2) the Government of Sri Lanka is providing access
to humanitarian organizations and journalists
throughout the country consistent with international
humanitarian law; and
(3) the Government of Sri Lanka has agreed to the
establishment of a field presence of the Office of the
United Nations High Commissioner for Human Rights in
Sri Lanka with sufficient staff and mandate to conduct
full and unfettered monitoring throughout the country
and to publicize its findings.
(b) Subsection (a) shall not apply to technology or
equipment made available for the limited purposes of maritime
and air surveillance, including communications equipment
previously committed or approved for the limited purposes of
air and maritime surveillance.
export-import bank rescission
(including rescissions)
Sec. 7092. (a) Of the funds appropriated under the heading
``Subsidy Appropriation'' for the Export-Import Bank of the
United States that are available for tied-aid grants in prior
Acts making appropriations for foreign operations, export
financing, and related programs, $17,000,000 are rescinded.
(b) Of the unobligated balances available under the heading
``Subsidy Appropriation'' for the Export-Import Bank of the
United States in Public Law 109-102, $27,000,000 are rescinded.
This division may be cited as the ``Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2009''.
* * * * * * *
b. Supplemental Appropriations Act, 2009
Partial text of Public Law 111-32 [H.R. 2346], 123 Stat. 1859, approved
June 24, 2009
AN ACT Making supplemental appropriations for the fiscal year ending
September 30, 2009, and for other purposes.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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Note.--See also title III of this Act, which appropriates funds for the Combatant Commander
--------------------------------------------------------------------------------------------------------------------------------------------------------
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, 2009, and for other purposes, namely:
* * * * * * *
TITLE XI
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular
Programs'', $997,890,000, to remain available until September
30, 2010, of which $146,358,000 is for Worldwide Security
Protection and shall remain available until expended: Provided,
That the Secretary of State may transfer up to $137,600,000 of
the funds made available under this heading to any other
appropriation of any department or agency of the United States,
upon the concurrence of the head of such department or agency,
to support operations in and assistance for Afghanistan and to
carry out the provisions of the Foreign Assistance Act of 1961:
Provided further, That of the funds appropriated under this
heading, up to $10,000,000 for public diplomacy activities may
be transferred to, and merged with, funds made available under
the heading ``International Broadcasting Operations'' for
broadcasting activities to the Pakistan-Afghanistan border
region.
office of inspector general
(including transfer of funds)
For an additional amount for ``Office of Inspector
General'', $24,122,000, to remain available until September 30,
2010, of which $7,000,000 shall be transferred to the Special
Inspector General for Iraq Reconstruction for reconstruction
oversight, and $7,200,000 shall be transferred to the Special
Inspector General for Afghanistan Reconstruction for
reconstruction oversight: Provided, That the Special Inspector
General for Afghanistan Reconstruction may exercise the
authorities of subsections (b) through (i) of section 3161 of
title 5, United States Code (without regard to subsection (a)
of such section) for funds made available for fiscal years 2009
and 2010: Provided further, That the Inspector General of the
United States Department of State and the Broadcasting Board of
Governors, the Special Inspector General for Iraq
Reconstruction, the Special Inspector General for Afghanistan
Reconstruction, and the Inspector General of the United States
Agency for International Development shall coordinate and
integrate the programming of funds made available under this
heading in fiscal year 2009 for oversight of programs in
Afghanistan, Pakistan and Iraq: Provided further, That the
Secretary of State shall submit to the Committees on
Appropriations, within 30 days of completion, the annual
comprehensive audit plan for the Middle East and South Asia
developed by the Southwest Asia Joint Planning Group in
accordance with section 842 of Public Law 110-181.\1\
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\1\ Sec. 842 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 234) requires audits to
identify waste, fraud and abuse in the performance of Department of
Defense contracts in Iraq and Afghanistan; for text see Legislation on
Foreign Relations Through 2008, vol. I-B.
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embassy security, construction, and maintenance
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $921,500,000, to remain
available until expended, for worldwide security upgrades,
acquisition, and construction as authorized, and shall be made
available for secure diplomatic facilities and housing for
United States mission staff in Afghanistan and Pakistan, and
for mobile mail screening units.
International Organizations
contributions for international peacekeeping activities
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $721,000,000, to
remain available until September 30, 2010.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'',
$157,600,000, to remain available until September 30, 2010.
capital investment fund
For an additional amount for ``Capital Investment Fund'',
$48,500,000, to remain available until expended.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $3,500,000, to remain available until September 30,
2010, for oversight of programs in Afghanistan and Pakistan.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health and child survival
For an additional amount for ``Global Health and Child
Survival'', $150,000,000, to remain available until September
30, 2010: Provided, That $50,000,000 shall be made available
for pandemic preparedness and response: Provided further, That
$100,000,000 shall be made available, notwithstanding any other
provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public
Law 108-25), for a United States contribution to the Global
Fund to Fight AIDS, Tuberculosis and Malaria: Provided further,
That notwithstanding any other provision of law, to include
minimum funding requirements or funding directives, if the
President determines and reports to the Committees on
Appropriations that the human-to-human transmission of the H1N1
virus is efficient and sustained, severe, and is spreading
internationally, funds made available under the headings
``Global Health and Child Survival'', ``Development
Assistance'', ``Economic Support Fund'', and ``Millennium
Challenge Corporation'' in prior Acts making appropriations for
the Department of State, foreign operations, and related
programs may be made available to combat the H1N1 virus:
Provided further, That funds made available pursuant to the
authority of the previous proviso shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $270,000,000, to remain available until expended.
economic support fund
(including transfer of funds)
For an additional amount for ``Economic Support Fund'',
$2,973,601,000, to remain available until September 30, 2010:
Provided, That of the funds made available under this heading
for assistance for the West Bank and Gaza, $2,000,000 shall be
transferred to, and merged with, funds available under the
heading ``United States Agency for International Development,
Funds Appropriated to the President, Office of Inspector
General'' to conduct oversight of programs in the West Bank and
Gaza: Provided further, That of the amounts made available for
assistance for the West Bank and Gaza, not more than
$200,000,000 may be made available for cash transfer assistance
to the Palestinian Authority: Provided further, That none of
the funds made available under this heading for cash transfer
assistance to the Palestinian Authority may be obligated for
salaries of personnel of the Palestinian Authority located in
Gaza: Provided further, That of the funds appropriated under
this heading, up to $10,000,000 may be made available for
humanitarian assistance in Burma for individuals and
communities impacted by Cyclone Nargis, notwithstanding any
other provision of law: Provided further, That of the funds
appropriated under this heading for assistance for Afghanistan
and Pakistan, assistance may be provided notwithstanding any
provision of law that restricts assistance to foreign countries
for cross border stabilization and development programs between
Afghanistan and Pakistan or between either country and the
Central Asian republics, and shall be administered by the
Special Representative for Afghanistan and Pakistan at the
Department of State: Provided further, That none of the funds
appropriated in this title for democracy and civil society
programs may be made available for the construction of
facilities in the United States.
assistance for europe, eurasia and central asia
For an additional amount for ``Assistance for Europe,
Eurasia and Central Asia'', $272,000,000, to remain available
until September 30, 2010, of which $242,000,000 shall be
available for assistance for Georgia: Provided, That funds
appropriated under this heading may be made available for
assistance for other Eurasian countries to meet unanticipated
requirements only if the Secretary of State determines and
reports to the Committees on Appropriations that to do so is in
the national security interests of the United States: Provided
further, That of the funds appropriated under this heading,
$30,000,000 may be made available for assistance for the Kyrgyz
Republic to provide a long-range air traffic control and safety
system to support air operations in the Kyrgyz Republic,
including at Manas International Airport, notwithstanding any
other provision of law: Provided further, That funds
appropriated under this heading shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $487,500,000, to remain
available until September 30, 2010: Provided, That not less
than $160,000,000 shall be made available for assistance for
Mexico to combat drug trafficking and related violence and
organized crime, and for judicial reform, institution building,
anti-corruption, and rule of law activities: Provided further,
That funds made available pursuant to the previous proviso
shall be made available subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations, except that notifications shall be transmitted
at least 5 days in advance of the obligation of any funds
appropriated under this heading: Provided further, That none of
the funds appropriated in this title may be made available for
the cost of fuel for aircraft provided to Mexico, or for
operations and maintenance of aircraft purchased by the
Government of Mexico: Provided further, That in order to
enhance border security and cooperation in law enforcement
efforts between Mexico and the United States, funds
appropriated in this title that are available for assistance
for Mexico may be made available for the procurement of law
enforcement communications equipment only if such equipment
utilizes open standards and is compatible with, and capable of
operating with, radio communications systems and related
equipment utilized by Federal law enforcement agencies in the
United States to enhance border security and cooperation in law
enforcement efforts between Mexico and the United States.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $102,000,000, to
remain available until September 30, 2010, of which up to
$77,000,000 may be made available for the Nonproliferation and
Disarmament Fund, notwithstanding any other provision of law,
to promote bilateral and multilateral activities relating to
nonproliferation, disarmament and weapons destruction, and
shall remain available until expended: Provided, That funds
made available for the Nonproliferation and Disarmament Fund
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided further, That the Secretary of State shall work
assiduously to facilitate the regular flow of people and licit
goods in and out of Gaza at established border crossings.
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'', $390,000,000, to remain available until expended.
INTERNATIONAL SECURITY ASSISTANCE
Funds Appropriated to the President
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$185,000,000, to remain available until September 30, 2010:
Provided, That up to $168,000,000 may be made available for
assistance for Somalia, of which up to $115,900,000 may be used
to pay assessed expenses of international peacekeeping
activities in Somalia: Provided further, That of the funds
appropriated under this heading, $15,000,000 shall be made
available for assistance for the Democratic Republic of the
Congo and $2,000,000 shall be made available for the
Multinational Force and Observer mission in the Sinai.
international military education and training
For an additional amount for ``International Military
Education and Training'', $2,000,000, to remain available until
September 30, 2010, for assistance for Iraq.
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $1,294,000,000, to remain available until September
30, 2010: Provided, That not less than $260,000,000 shall be
made available for assistance for the Mexican Navy and shall be
available notwithstanding section 7045(e) of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2009 (division H of Public Law 111-8): \2\ Provided
further, That funds made available pursuant to the previous
proviso shall be available notwithstanding section 36(b) of the
Arms Export Control Act: Provided further, That of the funds
appropriated under this heading, not less than $150,000,000
shall be made available for assistance for Jordan: Provided
further, That of the funds appropriated under this heading, not
less than $555,000,000, shall be available for grants only for
Israel and shall be disbursed not later than October 30, 2009:
Provided further, That to the extent that the Government of
Israel requests that funds be used for such purposes, grants
made available for Israel by this paragraph shall, as agreed by
the United States and Israel, be available for advanced weapons
systems, of which $145,965,000 shall be available for the
procurement in Israel of defense articles and defense services,
including research and development: Provided further, That of
the funds appropriated under this heading, not less than
$260,000,000 shall be made available for grants only for Egypt,
including for border security programs and activities in the
Sinai: Provided further, That funds appropriated pursuant to
the previous proviso estimated to be outlayed for Egypt shall
be transferred to an interest bearing account for Egypt in the
Federal Reserve Bank of New York not later than October 30,
2009: Provided further, That up to $69,000,000 may be made
available for assistance for Lebanon.
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\2\ Sec. 7045(e) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 886), provides the following:
``(e) Assistance for Mexico.--Of the funds appropriated under the
headings `International Narcotics Control and Law Enforcement',
`Foreign Military Financing Program', and `Economic Support Fund' in
this Act, not more than $300,000,000 may be made available for
assistance for Mexico, only to combat drug trafficking and related
violence and organized crime, and for judicial reform, institution
building, anti-corruption, and rule of law activities, of which not
less than $75,000,000 shall be used for judicial reform, institution
building, anti-corruption, and rule of law activities: Provided, That
none of the funds made available under this section shall be made
available for budget support or as cash payments.
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``(1) Allocation of funds.--Fifteen percent of the funds made available
under this section in this Act, for assistance for Mexico, not including
assistance for judicial reform, institution building, anti-corruption, and
rule of law activities, may not be obligated until the Secretary of State
reports in writing to the Committees on Appropriations that the Government
of Mexico is continuing to--
``(A) improve the transparency and accountability of Federal police
forces and to work with State and municipal authorities to improve the
transparency and accountability of State and municipal police forces
through mechanisms including police complaints commissions with authority
and independence to receive complaints and carry out effective
investigations;
``(B) conduct regular consultations with Mexican human rights
organizations and other relevant Mexican civil society organizations on
recommendations for the implementation of the Merida Initiative in
accordance with Mexican and international law;
``(C) ensure that civilian prosecutors and judicial authorities are
investigating and prosecuting, in accordance with Mexican and international
law, members of the Federal police and military forces who have been
credibly alleged to have violated internationally recognized human rights,
and the Federal police and military forces are fully cooperating with the
investigations; and
``(D) enforce the prohibition, in accordance with Mexican and
international law, on the use of testimony obtained through torture or
other ill-treatment.
``(2) Report.--The report required in paragraph (1) shall include a
description of actions taken with respect to each requirement.
``(3) Spending plan.--Not later than 45 days after the date of enactment
of this Act, the Secretary of State shall submit to the Committees on
Appropriations a detailed spending plan, developed after consulting with
relevant Mexican Government authorities, for funds made available for
Mexico under this section, with concrete goals, programs and activities to
be funded, and anticipated results.
``(4) Analysis of alternatives.--Prior to the obligation of funds for the
procurement or lease of aircraft, the Director of the Defense Security
Cooperation Agency, in consultation with the Secretary of State, shall
submit to the Committees on Appropriations an Analysis of Alternatives for
the acquisition of all aircraft for the Merida Initiative.''.
pakistan counterinsurgency capability fund
(including transfer of funds)
There is hereby established in the Treasury of the United
States a special account to be known as the ``Pakistan
Counterinsurgency Capability Fund''. For necessary expenses to
carry out the provisions of chapter 8 of part I and chapters 2,
5, 6, and 8 of part II of the Foreign Assistance Act of 1961
and section 23 of the Arms Export Control Act for
counterinsurgency activities in Pakistan, $700,000,000, which
shall become available on September 30, 2009, and remain
available until September 30, 2011: Provided, That such funds
shall be available to the Secretary of State, with the
concurrence of the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of providing assistance
for Pakistan to build and maintain the counterinsurgency
capability of Pakistani security forces (including the Frontier
Corps), to include program management and the provision of
equipment, supplies, services, training, and facility and
infrastructure repair, renovation, and construction: Provided
further, That such funds may be transferred by the Secretary of
State to the Department of Defense or other Federal departments
or agencies to support counterinsurgency operations and may be
merged with and be available for the same purposes and for the
same time period as the appropriation or fund to which
transferred, or may be transferred pursuant to the authorities
contained in the Foreign Assistance Act of 1961: Provided
further, That the Secretary of State shall, not fewer than 15
days prior to making transfers from this appropriation, notify
the Committees on Appropriations, and the congressional defense
and foreign affairs committees, in writing of the details of
any such transfer: Provided further, That the Secretary of
State shall submit not later than 30 days after the end of each
fiscal quarter to the Committees on Appropriations a report
summarizing, on a project-by-project basis, the transfer of
funds from this appropriation: Provided further, That upon
determination by the Secretary of Defense or head of other
Federal department or agency, with the concurrence of the
Secretary of State, that all or part of the funds so
transferred from this appropriation are not necessary for the
purposes herein, such amounts may be transferred by the head of
the relevant Federal department or agency back to this
appropriation and shall be available for the same purposes and
for the same time period as originally appropriated: Provided
further, That any required notification or report may be
submitted in classified or unclassified form.
GENERAL PROVISIONS--THIS TITLE
extension of authorities
Sec. 1101. Funds appropriated in this title may be
obligated and expended notwithstanding section 10 of Public Law
91-672, section 15 of the State Department Basic Authorities
Act of 1956, section 313 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236), and
section 504(a)(1) of the National Security Act of 1947 (50
U.S.C. 414(a)(1)).
afghanistan
Sec. 1102. (a) In General.--Funds appropriated in this
title under the heading ``Economic Support Fund'' that are
available for assistance for Afghanistan shall be made
available, to the maximum extent practicable, in a manner that
utilizes Afghan entities and emphasizes the participation of
Afghan women and directly improves the security, economic and
social well-being, and political status, of Afghan women and
girls.
(b) Assistance for Women and Girls.--
(1) Funds appropriated in this title for assistance
for Afghanistan shall comply with sections 7062 and
7063 of Public Law 111-8,\3\ and shall be made
available to support programs that increase
participation by women in the political process,
including at the national, provincial, and sub-
provincial levels, and in efforts to improve security
in Afghanistan.
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\3\ Secs. 7062 and 7063 of Public Law 111-8 (123 Stat. 898) provide
the following:
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``women in development
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``Sec. 7062. (a) Programs funded under title III of this Act should
include, where appropriate, gender considerations in the planning,
assessment, implementation, monitoring and evaluation of such programs.
``(b) Funds made available under title III of this Act should be
made available to support programs to enhance economic opportunities
for poor women in developing countries, including increasing the number
and capacity of women-owned enterprises, improving property rights for
women, increasing access to financial services, and improving women's
ability to participate in the global economy.
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``gender-based violence
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``Sec. 7063. (a) Funds appropriated under the headings `Development
Assistance' and `Economic Support Fund' in this Act shall be made
available for programs to address sexual and gender-based violence.
``(b) Programs and activities funded under titles III and IV of
this Act that provide training for foreign police, judicial, and
military officials shall address, where appropriate, gender-based
violence.''.
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(2) Of the funds appropriated for assistance for
Afghanistan in fiscal year 2009 under the headings
``Economic Support Fund'' and ``International Narcotics
Control and Law Enforcement'', not less than
$150,000,000 shall be made available to support
programs that directly address the needs of Afghan
women and girls, including for the Afghan Independent
Human Rights Commission, the Afghan Ministry of Women's
Affairs, and for women-led nongovernmental
organizations.
(c) Procurement of Afghan Products and Services.--
(1) In general.--Funds made available for assistance
for Afghanistan in this title and in prior acts
appropriating funds for Department of State, foreign
operations, and related programs, may be used to
conduct procurements and to award assistance
instruments in which-
(A) competition is limited to products,
services, or sources that are from Afghanistan;
(B) procedures other than competitive
procedures are used to award a contract or
assistance instrument to a particular source or
sources from Afghanistan; or
(C) a preference is provided for products,
services, or sources that are from Afghanistan.
(2) Products, services, and sources from
afghanistan.--For the purposes of this section:
(A) A product is from Afghanistan if it is
mined, produced, or manufactured in
Afghanistan.
(B) A service is from Afghanistan if it is
performed in Afghanistan by citizens or
permanent resident aliens of Afghanistan.
(C) A source is from Afghanistan if it--
(i) is located in Afghanistan; and
(ii) offers products or services that
are from Afghanistan.
(3) Reporting and consulting requirement.--Not less
than 180 days after enactment of this Act the Secretary
of State shall submit a report to the Committees on
Appropriations on efforts undertaken by the Department
of State and the United States Agency for International
Development (USAID) to utilize this authority in order
to enhance participation by Afghan entities in
development activities in Afghanistan: Provided, That
the Secretary of State and the Administrator of USAID
shall consult with the Committees on Appropriations
regarding the exercise of the authority of this
subsection and prior to submitting the report required
by this paragraph: Provided further, That the exercise
of such authority in excess of $15,000,000 for any
single contract or assistance instrument is subject to
the regular notification procedures of the Committees
on Appropriations.
(d) Anticorruption.--Ten percent of the funds appropriated
under the heading ``International Narcotics Control and Law
Enforcement'' that are available for assistance for the
Government of Afghanistan shall be withheld from obligation
until the Secretary of State reports to the Committees on
Appropriations that the Government of Afghanistan is
implementing a policy to promptly remove from office any
government official who is credibly alleged to have engaged in
narcotics trafficking, gross violations of human rights, or
other major crimes.
(e) Acquisition of Property.--Not more than $20,000,000 of
the funds appropriated in this title should be made available
to pay for the acquisition of property for diplomatic
facilities in Afghanistan.
(f) United Nations Development Program.--Funds appropriated
in this title may be made available for programs and activities
of the United Nations Development Program (UNDP) in Afghanistan
if the Secretary of State reports to the Committees on
Appropriations that UNDP is fully cooperating with efforts of
the United States Agency for International Development (USAID)
to investigate expenditures by UNDP of USAID funds associated
with the Quick Impact Program in Afghanistan.
(g) National Solidarity Program.--Of the funds appropriated
in this title under the heading ``Economic Support Fund'' that
are available for assistance for Afghanistan, not less than
$70,000,000 shall be made available for the National Solidarity
Program.
(h) Airwings.--The uses and oversight of aircraft purchased
or leased by the Department of State and the United States
Agency for International Development by funds appropriated by
this Act or prior Acts making appropriations for the Department
of State, foreign operations and related programs shall be
coordinated under the authority of the United States Chief of
Mission in Afghanistan: Provided, That such aircraft may be
used to transport Federal and non-Federal personnel supporting
the Department of State and United States Agency for
International Development programs and activities: Provided
further, That official travel for other agencies for other
purposes may be supported on a reimbursable basis, or without
reimbursement when traveling on a space available basis.
allocations
Sec. 1103.\4\ (a) Funds appropriated in this title for the
following accounts shall be made available for programs and
countries in the amounts contained in the respective tables
included in the joint statement accompanying this Act:
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\4\ The joint statement is printed in the House Conference Report
accompanying H.R. 2346 (Report 111-151; June 12, 2009). For fund
allocations: Diplomatic and Consular Programs, p. 121; Embassy
Security, Construction, and Maintenance, p. 124; Economic Support Fund,
p. 127; and International Narcotics Control and Law Enforcement, p.
131.
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(1) ``Diplomatic and Consular Programs''.
(2) ``Embassy Security, Construction, and
Maintenance''.
(3) ``Economic Support Fund''.
(4) ``International Narcotics Control and Law
Enforcement''.
(b) For the purposes of implementing this section, and only
with respect to the tables included in the joint statement
accompanying this Act, the Secretary of State and the
Administrator of the United States Agency for International
Development, as appropriate, may propose deviations to the
amounts referenced in subsection (a), subject to the regular
notification procedures of the Committees on Appropriations and
section 634A of the Foreign Assistance Act of 1961.
spending plan and notification procedures
Sec. 1104. (a) Spending Plan.--Not later than 45 days after
the enactment of this Act, the Secretary of State, in
consultation with the Administrator of the United States Agency
for International Development, shall submit to the Committees
on Appropriations a report detailing planned expenditures for
funds appropriated in this title, except for funds appropriated
under the headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance''.
(b) Notification.--Funds made available in this title shall
be subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.
global financial crisis
Sec. 1105. (a) In General.--Of the funds appropriated in
this title under the heading ``Economic Support Fund'', not
more than $255,601,000 may be made available for assistance for
vulnerable populations in developing countries severely
affected by the global financial crisis that--
(1) have a 2007 per capita Gross National Income of
$3,705 or less;
(2) have seen a contraction in predicted growth rates
of 2 percent or more since 2007; and
(3) demonstrate consistent improvement on the
democracy and governance indicators as measured by the
Millennium Challenge Corporation 2009 Country
Scorebook.
(b) Transfer Authorities.--Of the funds appropriated in
this title under the heading ``Economic Support Fund'' for
developing countries impacted by the global financial crisis--
(1) up to $29,000,000 may be transferred and merged
with ``Development Credit Authority'', for the cost of
direct loans and loan guarantees notwithstanding the
dollar limitations in such account on transfers to the
account and the principal amount of loans made or
guaranteed with respect to any single country or
borrower: Provided, That such transferred funds may be
available to subsidize total loan principal, any
portion of which is to be guaranteed, of up to
$2,000,000,000: Provided further, That the authority
provided by the previous proviso is in addition to
authority provided under the heading ``Development
Credit Authority'' in Public Law 111-8: \5\ Provided
further, That up to $1,500,000 may be for
administrative expenses to carry out credit programs
administered by the United States Agency for
International Development; and
---------------------------------------------------------------------------
\5\ The paragraph on Development Credit Authority in Public Law
111-8 (123 Stat. 845) provides the following:
---------------------------------------------------------------------------
``development credit authority
``(including transfer of funds)
---------------------------------------------------------------------------
``For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 256 and 635 of the Foreign Assistance Act of 1961, up to
$25,000,000 may be derived by transfer from funds appropriated by this
Act to carry out part I of such Act and under the heading `Assistance
for Europe, Eurasia and Central Asia': Provided, That funds provided
under this paragraph and funds provided as a gift pursuant to section
635(d) of the Foreign Assistance Act of 1961 shall be made available
only for micro and small enterprise programs, urban programs, and other
programs which further the purposes of part I of such Act: Provided
further, That such costs, including the cost of modifying such direct
and guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
funds made available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior Acts, and
funds used for such costs shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
the provisions of section 107A(d) (relating to general provisions
applicable to the Development Credit Authority) of the Foreign
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as
reported by the House Committee on International Relations on May 9,
1997, shall be applicable to direct loans and loan guarantees provided
under this heading: Provided further, That these funds are available to
subsidize total loan principal, any portion of which is to be
guaranteed, of up to $700,000,000.
``In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for International
Development, $8,000,000, which may be transferred to, and merged with,
funds made available under the heading `Operating Expenses' in title II
of this Act: Provided, That funds made available under this heading
shall remain available until September 30, 2011.''.
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(2) up to $20,000,000 may be transferred to, and
merged with, ``Overseas Private Investment Corporation
Program Account'': Provided, That the authority
provided in this paragraph is in addition to authority
provided in section 7081 in Public Law 111-8.\6\
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\6\ Sec. 7081 of Public Law 111-8 (123 Stat. 910) provides the
following:
---------------------------------------------------------------------------
``opic
``(including transfer of funds)
---------------------------------------------------------------------------
``Sec. 7081. (a) Authority.--Notwithstanding section 235(a)(2) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the
authority of subsections (a) through (c) of section 234 of such Act
shall remain in effect through September 30, 2009.
``(b) Funding.--Whenever the President determines that it is in
furtherance of the purposes of the Foreign Assistance Act of 1961, up
to a total of $20,000,000 of the funds appropriated under title III of
this Act may be transferred to, and merged with, funds appropriated by
this Act for the Overseas Private Investment Corporation Program
Account, to be subject to the terms and conditions of that account:
Provided, That such funds shall not be available for administrative
expenses of the Overseas Private Investment Corporation: Provided
further, That designated funding levels in this Act shall not be
transferred pursuant to this section: Provided further, That the
exercise of such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.''.
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(c) Reprogramming Authority.--Notwithstanding any other
provision of law, funds appropriated under the heading
``Millennium Challenge Corporation'' (MCC) in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be made available for programs and
activities to assist vulnerable populations severely affected
by the global financial crisis in a country that has signed a
compact with the MCC or has been designated by the MCC as a
threshold country: Provided, That such a modification of a
compact or threshold program by the MCC should be made, if
practicable, prior to making available additional assistance
for such purposes: Provided further, That the MCC shall consult
with the Committees on Appropriations prior to exercising the
authority of this subsection.
(d) Report.--The Secretary of State, in consultation with
the Administrator of the United States Agency for International
Development (USAID), shall submit a spending plan not later
than 45 days after the date of enactment of this Act to the
Committees on Appropriations, and prior to the initial
obligation of funds appropriated for countries impacted by the
global economic crisis, detailing the use of all funds on a
country-by-country, and project-by-project basis: Provided,
That for each project, the report shall include (1) the
projected long-term economic impact of providing such funds;
(2) the name of the entity or implementing organization to
which funds are being provided; (3) whether funds will be
provided as a direct cash transfer to a local or national
government entity; and (4) an assessment of whether USAID has
reviewed its existing programs in such country to determine
reprogramming opportunities to increase assistance for
vulnerable populations: Provided further, That funds
transferred to the Development Credit Authority and the
Overseas Private Investment Corporation are subject to the
reporting requirements in section 1104.
iraq
Sec. 1106. (a) In General.--Funds appropriated in this
title that are available for assistance for Iraq shall be made
available, to the maximum extent practicable, in a manner that
utilizes Iraqi entities.
(b) Matching Requirement.--Funds appropriated in this title
for assistance for Iraq shall be made available in accordance
with the Department of State's April 9, 2009, ``Guidelines for
Government of Iraq Financial Participation in United States
Government-Funded Civilian Foreign Assistance Programs and
Projects''.
(c) Other Assistance.--Of the funds appropriated in this
title under the heading ``Economic Support Fund'', not less
than $15,000,000 shall be made available for targeted
development programs and activities in areas of conflict in
Iraq, and the responsibility for policy decisions and
justifications for the use of such funds shall be the
responsibility of the United States Chief of Mission in Iraq.
prohibition on assistance to hamas
Sec. 1107. (a) None of the funds appropriated in this title
may be made available for assistance to Hamas, or any entity
effectively controlled by Hamas or any power-sharing government
of which Hamas is a member.
(b) Notwithstanding the limitation of subsection (a),
assistance may be provided to a power-sharing government only
if the President certifies in writing and reports to the
Committees on Appropriations that such government, including
all of its ministers or such equivalent, has publicly accepted
and is complying with the principles contained in section
620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961.
(c) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446)
with respect to this section.
(d) Whenever the certification pursuant to subsection (b)
is exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent,
are continuing to comply with the principles contained in
section 620K(b)(1)(A) and (B) of the Foreign Assistance Act of
1961. The report shall also detail the amount, purposes and
delivery mechanisms for any assistance provided pursuant to the
abovementioned certification and a full accounting of any
direct support of such government.
terms and conditions
Sec. 1108. Unless otherwise provided for in this Act, funds
appropriated or otherwise made available in this title shall be
available under the authorities and conditions provided in the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8),
except that sections 7070(e),\7\ with respect to funds made
available for macroeconomic growth assistance for Zimbabwe, and
7042(a) and (c) \8\ of such Act shall not apply to funds made
available in this title.
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\7\ Sec. 7070(e) of Public Law 111-8 (123 Stat. 902) provides the
following:
``(e) Zimbabwe.--
---------------------------------------------------------------------------
``(1) The Secretary of the Treasury shall instruct the United States
executive director to each international financial institution to vote
against any extension by the respective institution of any loans to the
Government of Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and reports in writing
to the Committees on Appropriations that the rule of law has been restored
in Zimbabwe, including respect for ownership and title to property, freedom
of speech and association, and a transition government has been established
that reflects the will of the people as they voted in the March 2008
elections.
``(2) None of the funds appropriated by this Act shall be made available
for assistance for the central government of Zimbabwe unless the Secretary
of State makes the determination pursuant to subsection (e)(1).''.
---------------------------------------------------------------------------
\8\ Sec. 7042(a) and (c) of Public Law 111-8 (123 Stat. 883)
provides the following:
---------------------------------------------------------------------------
``iraq
---------------------------------------------------------------------------
``Sec. 7042. (a) Assistance.--None of the funds appropriated or
otherwise made available by this Act may be made available for
assistance for Iraq, except funds appropriated by this Act under the
heading `Nonproliferation, Anti-terrorism, Demining and Related
Programs' for the removal and disposal of landmines and other
unexploded ordnance, small arms and light weapons in Iraq.
``(b) * * *
``(c) Transition Plan.--Not later than 180 days after enactment of
this Act, the Secretary of State, in consultation with relevant United
States Government agencies, shall submit to the Committees on
Appropriations a report, in classified form if necessary, that details
the plans, costs and timelines associated with the transition of
programs and activities funded under titles III through VI of this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs to the Government of Iraq.''.
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multilateral development bank replenishments
Sec. 1109. (a) International Development Association.--The
International Development Association Act (22 U.S.C. 284 et
seq.) is amended by adding at the end thereof the following: *
* *
(b) African Development Fund.--The African Development Fund
Act (22 U.S.C. 290 et seq.) is amended by adding at the end
thereof the following: * * *
promotion of policy goals at the world bank group
Sec. 1110. Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.) is amended by adding
at the end thereof the following: * * *
climate change mitigation and greenhouse gas accounting
Sec. 1111. Title XIII of the International Financial
Institutions Act (22 U.S.C. 262m et seq.) is amended by adding
at the end thereof the following: * * *
multilateral development bank reform
Sec. 1112. (a) Budget Disclosure.--The Secretary of the
Treasury shall seek to ensure that the multilateral development
banks make timely, public disclosure of their operating budgets
including expenses for staff, consultants, travel and
facilities.
(b) Evaluation.--The Secretary of the Treasury shall seek
to ensure that multilateral development banks rigorously
evaluate the development impact of selected bank projects,
programs, and financing operations, and emphasize use of random
assignment in conducting such evaluations, where appropriate
and to the extent feasible.
(c) Extractive Industries.--The Secretary of the Treasury
shall direct the United States Executive Directors at the
multilateral development banks to promote the endorsement of
the Extractive Industry Transparency Initiative (EITI) by these
institutions and the integration of the principles of the EITI
into extractive industry-related projects that are funded by
the multilateral development banks.
(d) Report.--Not later than September 30, 2009, the
Secretary of the Treasury 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 Financial Services of the House of
Representatives, detailing actions taken by the multilateral
development banks to achieve the objectives of this section.
(e) Coordination of Development Policy.--The Secretary of
the Treasury shall consult with the Secretary of State, the
Administrator of the United States Agency for International
Development, and other Federal agencies, as appropriate, in the
formulation and implementation of United States policy relating
to the development activities of the World Bank Group.
overseas comparability pay adjustment
Sec. 1113. (a) Subject to such regulations prescribed by
the Secretary of State, including with respect to phase-in
schedule and treatment as basic pay, and notwithstanding any
other provision of law, funds appropriated for this fiscal year
in this or any other Act may be used to pay an eligible member
of the Foreign Service as defined in subsection (b) of this
section a locality-based comparability payment (stated as a
percentage) up to the amount of the locality-based
comparability payment (stated as a percentage) that would be
payable to such member under section 5304 of title 5, United
States Code if such member's official duty station were in the
District of Columbia.
(b) A member of the Service shall be eligible for a payment
under this section only if the member is designated class 1 or
below for purposes of section 403 of the Foreign Service Act of
1980 (22 U.S.C. 3963) and the member's official duty station is
not in the continental United States or in a non-foreign area,
as defined in section 591.205 of title 5, Code of Federal
Regulations.
(c) The amount of any locality-based comparability payment
that is paid to a member of the Foreign Service under this
section shall be subject to any limitations on pay applicable
to locality-based comparability payments under section 5304 of
title 5, United States Code.
refugee programs and oversight
(including transfer of funds)
Sec. 1114. (a) Funding.--Of the funds appropriated in this
title under the heading ``Migration and Refugee Assistance'',
up to $119,000,000 may be made available to the United Nations
Relief and Works Agency for activities in the West Bank and
Gaza.
(b) Oversight.--Of the funds made available in this title
under the heading ``Economic Support Fund'' for assistance for
the West Bank and Gaza, $1,000,000 shall be transferred to, and
merged with, funds available under the heading ``Administration
of Foreign Affairs, Office of Inspector General'' for oversight
of programs in the West Bank, Gaza and surrounding region.
technical and other provisions
Sec. 1115. (a) Modification.--Title III of division H of
Public Law 111-8 is amended under the heading ``Economic
Support Fund'' in the second proviso by striking ``up to
$20,000,000'' and inserting ``not less than $20,000,000''.
(b) Notification Requirement.--Funds appropriated by this
Act that are transferred to the Department of State or the
United States Agency for International Development from any
other Federal department or agency shall be subject to the
regular notification procedures of the Committees on
Appropriations, notwithstanding any other provision of law.
(c) Reemployment of Annuitants.--
(1) Section 824 of the Foreign Service Act of 1980
(22 U.S.C. 4064) is amended in subsection (g)(1) * * *
(2) Section 61 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2733) is amended in
subsection (a)(1) * * *
(3) Section 625 of the Foreign Assistance Act of 1961
(22 U.S.C. 2385) is amended in subsection (j)(1)(A) * *
*
(d) Incentives for Critical Posts.--Notwithstanding
sections 5753(a)(2)(A) and 5754(a)(2)(A) of title 5, United
States Code, appropriations made available by this or any other
Act may be used to pay recruitment, relocation, and retention
bonuses under chapter 57 of title 5, United States Code to
members of the Foreign Service, other than chiefs of mission
and ambassadors at large, who are on official duty in Iraq,
Afghanistan, or Pakistan. This authority shall terminate on
October 1, 2010.
(e) Of the funds appropriated under the heading ``Foreign
Military Financing Program'' in Public Law 110-161 that are
available for assistance for Colombia, $500,000 may be
transferred to, and merged with, funds appropriated under the
heading ``International Narcotics Control and Law Enforcement''
to provide medical and rehabilitation assistance for members of
Colombian security forces who have suffered severe injuries.
afghanistan and pakistan commitment and capabilities report
Sec. 1116. (a) Reporting Requirement.--Not later than the
date of submission of the fiscal year 2011 budget request, the
President shall submit a report to the appropriate
congressional committees, in classified form if necessary,
assessing the extent to which the Afghan and Pakistani
governments are demonstrating the necessary commitment,
capability, conduct and unity of purpose to warrant the
continuation of the President's policy announced on March 27,
2009, to include:
(1) the level of political consensus and unity of
purpose across ethnic, tribal, religious and political
party affiliations to confront the political and
security challenges facing the region;
(2) the level of government corruption that
undermines such political consensus and unity of
purpose, and actions taken to eliminate it;
(3) the actions taken by respective security forces
and appropriate government entities in developing a
counterinsurgency capability, conducting
counterinsurgency operations and establishing security
and governance on the ground;
(4) the actions taken by respective intelligence
agencies in cooperating with the United States on
counterinsurgency and counterterrorism operations and
in terminating policies and programs, and removing
personnel, that provide material support to extremist
networks that target United States troops or undermine
United States objectives in the region;
(5) the ability of the Afghan and Pakistani
governments to effectively control and govern the
territory within their respective borders; and
(6) the ways in which United States Government
assistance contributed, or failed to contribute, to
achieving the actions outlined above.
(b) Policy Assessment.--The President, on the basis of
information gathered and coordinated by the National Security
Council, shall advise the appropriate congressional committees
on how such assessment requires, or does not require, changes
to such policy.
(c) Definition.--For purposes of this section,
``appropriate congressional committees'' means the Committees
on Appropriations, Foreign Relations and Armed Services of the
Senate, and the Committees on Appropriations, Foreign Affairs
and Armed Services of the House of Representatives.
united states policy report on afghanistan and pakistan
Sec. 1117. (a) Statement of Objectives.--Not later than 90
days after the date of the enactment of this Act, the President
shall submit to the appropriate congressional committees a
clear statement of the objectives of United States policy with
respect to Afghanistan and Pakistan, and the metrics to be
utilized to assess progress toward achieving such objectives.
(b) Reporting Requirement.--Not later than March 30, 2010
and every 180 days thereafter until September 30, 2011, the
President, in consultation with Coalition partners as
appropriate, shall submit to the appropriate congressional
committees a report, in classified form if necessary, setting
forth the following:
(1) a description and assessment of the progress of
United States Government efforts, including those of
the Department of Defense, the Department of State, the
United States Agency for International Development, and
the Department of Justice, in achieving the objectives
for Afghanistan and Pakistan in subsection (a);
(2) any modification of the metrics in subsection (a)
in light of circumstances in Afghanistan or Pakistan,
together with a justification for such modification;
and
(3) recommendations for the additional resources or
authorities, if any, required to achieve such
objectives for Afghanistan and Pakistan.
(c) Classification.--Any report submitted in classified
form shall include an unclassified annex or summary of the
matters contained in the report.
(d) Definition.--For purposes of this section,
``appropriate congressional committees'' means-
(1) the Committees on Armed Services, Appropriations,
Foreign Relations, Homeland Security and Governmental
Affairs, and the Judiciary, and the Select Committee on
Intelligence of the Senate; and
(2) the Committees on Armed Services, Appropriations,
Foreign Affairs, Homeland Security, and the Judiciary,
and the Permanent Select Committee on Intelligence of
the House of Representatives.
* * * * * * *
TITLE XIV
OTHER MATTERS
INTERNATIONAL ASSISTANCE PROGRAMS
INTERNATIONAL MONETARY PROGRAMS
United States Quota, International Monetary Fund
For an increase in the United States quota in the
International Monetary Fund, the dollar equivalent of
4,973,100,000 Special Drawing Rights, to remain available until
expended: Provided, That the cost of the amounts provided
herein shall be determined as provided under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et. seq.): Provided further,
That for purposes of section 502(5) of the Federal Credit
Reform Act of 1990, the discount rate in section 502(5)(E)
shall be adjusted for market risks: Provided further, That
section 504(b) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661c(b)) shall not apply.
Loans to International Monetary Fund
For loans to the International Monetary Fund under section
17(a)(2) and (b)(2) of the Bretton Woods Agreements Act (Public
Law 87-490, 22 U.S.C. 286e-2), as amended by this Act pursuant
to the New Arrangements to Borrow, the dollar equivalent of up
to 75,000,000,000 Special Drawing Rights, to remain available
until expended, in addition to any amounts previously
appropriated under section 17 of such Act: Provided, That if
the United States agrees to an expansion of its credit
arrangement in an amount less than the dollar equivalent of
75,000,000,000 Special Drawing Rights, any amount over the
United States' agreement shall not be available until further
appropriated: Provided further, That the cost of the amounts
provided herein shall be determined as provided under the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et. seq.):
Provided further, That for purposes of section 502(5) of the
Federal Credit Reform Act of 1990, the discount rate in section
502(5)(E) shall be adjusted for market risks: Provided further,
That section 504(b) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661c(b)) shall not apply.
GENERAL PROVISIONS--INTERNATIONAL ASSISTANCE PROGRAMS
Sec. 1401. Section 17 of the Bretton Woods Agreements Act
(22 U.S.C. 286e-2) is amended--* * * \9\
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\9\ For text of the Bretton Woods Agreements Act, see Legislation
on Foreign Relations Through 2008, vol. III.
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Sec. 1402. The Bretton Woods Agreements Act (22 U.S.C. 286
et seq.) is amended by adding at the end the following: * * *
Sec. 1403. (a) Not later than 30 days after enactment of
this Act, the Secretary of the Treasury, in consultation with
the Executive Director of the World Bank and the Executive
Board of the International Monetary Fund (the Fund), shall
submit a report to the appropriate congressional committees
detailing the steps taken to coordinate the activities of the
World Bank and the Fund to avoid duplication of missions and
programs, and steps taken by the Department of the Treasury and
the Fund to increase the oversight and accountability of the
Fund's activities.
(b) For the purposes of this title, ``appropriate
congressional committees'' means the Committees on
Appropriations, Banking, Housing, and Urban Affairs, and
Foreign Relations of the Senate, and the Committees on
Appropriations, Foreign Affairs, and Financial Services of the
House of Representatives.
(c) In the next report to Congress on international
economic and exchange rate policies, the Secretary of the
Treasury shall: (1) report on ways in which the Fund's
surveillance function under Article IV could be enhanced and
made more effective in terms of avoiding currency manipulation;
(2) report on the feasibility and usefulness of publishing the
Fund's internal calculations of indicative exchange rates; and
(3) provide recommendations on the steps that the Fund can take
to promote global financial stability and conduct effective
multilateral surveillance.
(d) 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 oppose any loan,
project, agreement, memorandum, instrument, plan, or other
program of the Fund to a Heavily Indebted Poor Country that
imposes budget caps or restraints that do not allow the
maintenance of or an increase in governmental spending on
health care or education; and to promote government spending on
health care, education, food aid, or other critical safety net
programs in all of the Fund's activities with respect to
Heavily Indebted Poor Countries.
Sec. 1404. Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p-262p-8) is amended * * * \10\
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\10\ For text of the International Financial Institutions Act, see
Legislation on Foreign Relations Through 2008, vol. III.
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GENERAL PROVISIONS--THIS ACT
availability of funds
Sec. 14101. 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. 14103. (a) None of the funds made available in this or
any prior Act may be used to release an individual who is
detained as of the date of enactment of this Act, at Naval
Station, Guantanamo Bay, Cuba, into the continental United
States, Alaska, Hawaii, or the District of Columbia.
(b) None of the funds made available in this or any prior
Act may be used to transfer an individual who is detained as of
the date of enactment of this Act, at Naval Station, Guantanamo
Bay, Cuba, for the purpose of detention in the continental
United States, Alaska, Hawaii, or the District of Columbia,
except as provided in subsection (c).
(c) None of the funds made available in this or any prior
Act may be used to transfer an individual who is detained, as
of the date of enactment of this Act, at Naval Station,
Guantanamo Bay, Cuba, into the continental United States,
Alaska, Hawaii, or the District of Columbia, for the purposes
of prosecuting such individual, or detaining such individual
during legal proceedings, until 45 days after the plan detailed
in subsection (d) is received.
(d) The President shall submit to the Congress, in
classified form, a plan regarding the proposed disposition of
any individual covered by subsection (c) who is detained as of
the date of enactment of this Act. Such plan shall include, at
a minimum, each of the following for each such individual:
(1) The findings of an analysis regarding any risk to
the national security of the United States that is
posed by the transfer of the individual.
(2) The costs associated with transferring the
individual in question.
(3) The legal rationale and associated court demands
for transfer.
(4) A plan for mitigation of any risk described in
paragraph (1).
(5) A copy of a notification to the Governor of the
State to which the individual will be transferred or to
the Mayor of the District of Columbia if the individual
will be transferred to the District of Columbia with a
certification by the Attorney General of the United
States in classified form at least 14 days prior to
such transfer (together with supporting documentation
and justification) that the individual poses little or
no security risk to the United States.
(e) None of the funds made available in this or any prior
Act may be used to transfer or release an individual detained
at Naval Station, Guantanamo Bay, Cuba, as of the date of
enactment of this Act, to the country of such individual's
nationality or last habitual residence or to any other country
other than the United States, unless the President submits to
the Congress, in classified form 15 days prior to such
transfer, the following information:
(1) The name of any individual to be transferred or
released and the country to which such individual is to
be transferred or released.
(2) An assessment of any risk to the national
security of the United States or its citizens,
including members of the Armed Services of the United
States, that is posed by such transfer or release and
the actions taken to mitigate such risk.
(3) The terms of any agreement with another country
for acceptance of such individual, including the amount
of any financial assistance related to such agreement.
(f) Prior to the termination of detention operations at
Naval Station, Guantanamo Bay, Cuba, the President shall submit
to the Congress a report in classified form describing the
disposition or legal status of each individual detained at the
facility as of the date of enactment of this Act.
This Act may be cited as the ``Supplemental Appropriations
Act, 2009''.
c. Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009
Partial text of Public Law 110-329 [H.R. 2638], 122 Stat. 3574,
approved September 30, 2008; as amended by Public Law 111-6 [H.J. Res.
38], 123 Stat. 522, approved March 6, 2009
AN ACT Making appropriations for the Department of Homeland Security
for the fiscal year ending September 30, 2008, 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 ``Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009''.
* * * * * * *
SEC. 3.\1\ REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' or ``this joint resolution'' contained in any
division of this Act shall be treated as referring only to the
provisions of that division.
---------------------------------------------------------------------------
\1\ 1 U.S.C. 1 note.
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SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this legislation,
printed in the House of Representatives section of the
Congressional Record on or about September 24, 2008 by the
Chairman of the Committee on Appropriations of the House, shall
have the same effect with respect to the allocation of funds
and implementation of this Act as if it were a joint
explanatory statement of a committee of conference.
DIVISION A--CONTINUING APPROPRIATIONS RESOLUTION, 2009
The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and other
organizational units of Government for fiscal year 2009, and
for other purposes, namely:
Sec. 101. Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts
for fiscal year 2008 and under the authority and conditions
provided in such Acts, for continuing projects or activities
(including the costs of direct loans and loan guarantees) that
are not otherwise specifically provided for in this joint
resolution, that were conducted in fiscal year 2008, and for
which appropriations, funds, or other authority were made
available in the following appropriations Acts: divisions A, B,
C, D, F, G, H, J, and K of the Consolidated Appropriations Act,
2008 (Public Law 110-161).\2\
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\2\ In Public Law 110-161: division A--Agriculture; division B--
Commerce, Justice, Science; division C--Energy and Water; division D--
Financial Services and General Government; division F--Interior;
division G--Labor, Health and Human Services, and Education; division
H--Legislative Branch; division J--State, Foreign Operations; and
division K--Transportation, Housing and Urban Development.
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Sec. 102. Rates for operations shall be calculated under
section 101 without regard to any amount designated in the
applicable appropriations Acts for fiscal year 2008 as an
emergency requirement or necessary to meet emergency needs
pursuant to any concurrent resolution on the budget, other than
the following amounts:
(1) * * *
(2) * * *
(3) * * *
(4) $272,000,000 of the $575,000,000 provided in
division J of Public Law 110-161 for ``Department of
State--Administration of Foreign Affairs--Diplomatic
and Consular Programs'' in the first paragraph under
such heading, and $206,632,000 provided in the last
paragraph under such heading.
(5) $76,700,000 provided in subchapter A of chapter 4
of title I of Public Law 110-252 for ``Department of
State--Administration of Foreign Affairs--Embassy
Security, Construction, and Maintenance''.
Sec. 103. Appropriations made by section 101 shall be
available to the extent and in the manner that would be
provided by the pertinent appropriations Act.
Sec. 104. No appropriation or funds made available or
authority granted pursuant to section 101 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were not available
during fiscal year 2008.
Sec. 105. Appropriations made and authority granted
pursuant to this joint resolution shall cover all obligations
or expenditures incurred for any project or activity during the
period for which funds or authority for such project or
activity are available under this joint resolution.
Sec. 106. Unless otherwise provided for in this joint
resolution or in the applicable appropriations Act for fiscal
year 2009, 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 for
fiscal year 2009 without any provision for such project or
activity; or (3) March 11, 2009.\3\
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\3\ Public Law 111-6 (123 Stat. 522) struck out ``March 6, 2009''
and inserted in lieu thereof ``March 11, 2009''.
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Sec. 107. Expenditures made pursuant to this joint
resolution shall be charged to the applicable appropriation,
fund, or authorization whenever a bill in which such applicable
appropriation, fund, or authorization is contained is enacted
into law.
Sec. 108. Appropriations made and funds made available by
or authority granted pursuant to this joint resolution may be
used without regard to the time limitations for submission and
approval of apportionments set forth in section 1513 of title
31, United States Code, but nothing in this joint resolution
may be construed to waive any other provision of law governing
the apportionment of funds.
Sec. 109. Notwithstanding any other provision of this joint
resolution, except section 106, for those programs that would
otherwise have high initial rates of operation or complete
distribution of appropriations at the beginning of fiscal year
2009 because of distributions of funding to States, foreign
countries, grantees, or others, such high initial rates of
operation or complete distribution shall not be made, and no
grants shall be awarded for such programs funded by this joint
resolution that would impinge on final funding prerogatives.
Sec. 110. This joint resolution shall be implemented so
that only the most limited funding action of that permitted in
the joint resolution shall be taken in order to provide for
continuation of projects and activities.
* * * * * * *
Sec. 112. Amounts made available under section 101 for
civilian personnel compensation and benefits in each department
and agency may be apportioned up to the rate for operations
necessary to avoid furloughs within such department or agency,
consistent with the applicable appropriations Act for fiscal
year 2008, except that such authority provided under this
section shall not be used until after the department or agency
has taken all necessary actions to reduce or defer non-
personnel-related administrative expenses.
Sec. 113. Funds appropriated by this joint resolution may
be obligated and expended notwithstanding section 10 of Public
Law 91-672 (22 U.S.C. 2412), section 15 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 414(a)(1)).
* * * * * * *
Sec. 125. Section 7(1)(B) of Public Law 106-178 (50 U.S.C.
1701 note) \4\ is amended by striking ``January 1, 2012'' and
inserting ``July 1, 2016''.
---------------------------------------------------------------------------
\4\ The Iran Nonproliferation Act; for text, see Legislation on
Foreign Relations Through 2008, vol. II-B.
---------------------------------------------------------------------------
* * * * * * *
Sec. 144. The requirement set forth in section 610(b) of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153
note) \5\ shall continue through the date specified in section
106(3) of this joint resolution.
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\5\ Visa set-aside program (Public Law 102-395; 106 Stat. 1874).
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* * * * * * *
Sec. 154. Activities authorized by chapters 2, 3, and 5 of
title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.),\6\
including section 246 of such Act, shall continue through the
date specified in section 106(3) of this joint resolution.
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\6\ For text, see Legislation on Foreign Relations Through 2008,
vol. III.
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* * * * * * *
Sec. 161. The authority provided by section 1603(a) of
Public Law 109-234 \7\ shall continue in effect through the
date specified in section 106(3) of this joint resolution.
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\7\ Relating to Foreign Service Officers serving in Iraq and
Afghanistan.
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Sec. 162. Notwithstanding section 235(a)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority of
subsections (a) through (c) of section 234 of such Act shall
remain in effect through the date specified in section 106(3)
of this joint resolution.
Sec. 163. Notwithstanding any other provision of this joint
resolution, up to $5,000,000 of the amounts appropriated under
the heading ``Other Bilateral Economic Assistance--Department
of the Treasury--Debt Restructuring'' in Public Law 109-102, in
such Act as made applicable to fiscal year 2007 by the
Continuing Appropriations Resolution, 2007 (as amended by
Public Law 110-5), and in title III of division J of Public Law
110-161, may be used to assist Liberia in buying back its
commercial debt through the Debt Reduction Facility of the
International Development Association.
Sec. 164. The first proviso under the heading ``Department
of State--Migration and Refugee Assistance'' in title III of
division J of Public Law 110-161 shall not apply to amounts
provided by this joint resolution.
Sec. 165. Notwithstanding section 101 of this joint
resolution, the number in the third proviso under the heading
``Military Assistance--Funds Appropriated to the President--
Foreign Military Financing Program'' in title IV of division J
of Public Law 110-161 shall be deemed to be $670,650,000 and
shall apply to the $2,550,000,000 made available for assistance
for Israel in fiscal year 2009 under the heading ``Foreign
Military Financing Program''.
* * * * * * *
This division may be cited as the ``Continuing
Appropriations Resolution, 2009''.
DIVISION B--DISASTER RELIEF AND RECOVERY SUPPLEMENTAL APPROPRIATIONS
ACT, 2008
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2008, and for other purposes, namely:
TITLE I--RELIEF AND RECOVERY FROM NATURAL DISASTERS
* * * * * * *
CHAPTER 9--DEPARTMENT OF STATE AND FOREIGN OPERATIONS
International Commissions
international boundary and water commission, united states and mexico
construction
For an additional amount for ``Construction'', for the
water quantity program to meet immediate and emergency repair
and rehabilitation requirements, $37,500,000, to remain
available until expended: Provided, That up to $3,000,000 may
be transferred to, and merged with, funds available under the
heading ``International Boundary and Water Commission--Salaries
and Expenses'': Provided further, That not later than 60 days
after enactment of this Act, the Commission shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a detailed spending plan for funds appropriated
under this heading.
* * * * * * *
TITLE II--OTHER SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1--STATE AND FOREIGN OPERATIONS
DEPARTMENT OF STATE
Office of Inspector General
(including transfer of funds)
For an additional amount for ``Office of Inspector
General'', $9,000,000, which shall be transferred to the
Special Inspector General for Afghanistan Reconstruction for
reconstruction oversight, to remain available until September
30, 2010.
BILATERAL ECONOMIC ASSISTANCE
Other Bilateral Economic Assistance
economic support fund
(including transfer of funds)
For an additional amount for ``Economic Support Fund'',
$465,000,000, to remain available until September 30, 2010, of
which up to $5,000,000 may be made available for administrative
expenses of the United States Agency for International
Development, in addition to amounts otherwise made available
for such purposes: Provided, That of the funds appropriated
under this heading, $365,000,000 shall be made available for
assistance for Georgia and the region for humanitarian and
economic relief, reconstruction, energy-related programs and
democracy activities, and may be transferred to, and merged
with, funds appropriated under the headings ``Assistance for
the Independent States of the Former Soviet Union'' and
``International Disaster Assistance'', of which up to
$8,000,000 may be transferred to, and merged with, funds made
available for ``International Broadcasting Operations'' for
broadcasting activities to Georgia, Russia and the region:
Provided further, That none of the funds made available in
prior Acts making appropriations for foreign operations, export
financing, and related programs under the headings ``Assistance
for the Independent States of the Former Soviet Union'' and
``Assistance for Eastern Europe and the Baltic States'', or
funds appropriated for Iraq for the Community Stabilization
Program under the heading ``Economic Support Fund'' in Public
Law 110-252, may be reprogrammed for assistance for Georgia:
Provided further, That of the funds appropriated under this
heading, not less than $100,000,000 shall be made available for
hurricane relief and reconstruction assistance for Haiti and
other Caribbean countries: Provided further, That funds
appropriated under this heading shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
* * * * * * *
TITLE III--GENERAL PROVISIONS
short title
Sec. 30001. This division may be cited as the ``Disaster
Relief and Recovery Supplemental Appropriations Act, 2008''.
emergency designation
Sec. 30002. Each amount in this Act is designated as an
emergency requirement and necessary to meet emergency needs
pursuant to section 204(a) of S. Con. Res. 21 (110th Congress)
and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the
concurrent resolutions on the budget for fiscal years 2008 and
2009.
coordination of provisions
Sec. 30003. Unless otherwise expressly provided, each
amount in this Act is a supplemental appropriation for fiscal
year 2008 or, if enacted after September 30, 2008, for fiscal
year 2009.
* * * * * * *
d. Supplemental Appropriations Act, 2008
Partial text of Public Law 110-252 [H.R.2642], 122 Stat. 2323, approved
June 30, 2008
AN ACT Making appropriations for military construction, the Department
of Veterans Affairs, and related agencies for the fiscal year ending
September 30, 2008, 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, 2008, and for other purposes, namely:
TITLE I--MILITARY CONSTRUCTION, VETERANS AFFAIRS, INTERNATIONAL
AFFAIRS, AND OTHER SECURITY-RELATED MATTERS
* * * * * * *
CHAPTER 4--DEPARTMENT OF STATE AND FOREIGN OPERATIONS
SUBCHAPTER A--SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2008
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for ``Diplomatic and Consular
Programs'', $1,465,700,000, to remain available until September
30, 2009, of which $210,400,000 is for worldwide security
protection and shall remain available until expended: Provided,
That not more than $1,150,000,000 of the funds appropriated
under this heading shall be available for diplomatic operations
in Iraq: Provided further, That of the funds appropriated under
this heading, not more than $30,000,000 shall be made available
to establish and implement a coordinated civilian response
capacity at the United States Department of State.
office of inspector general
(including transfer of funds)
For an additional amount for ``Office of Inspector
General'', $9,500,000, to remain available until September 30,
2009: Provided, That $2,500,000 shall be transferred to the
Special Inspector General for Iraq Reconstruction for
reconstruction oversight, and $2,000,000 shall be transferred
to the Special Inspector General for Afghanistan Reconstruction
for reconstruction oversight.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $76,700,000, to remain
available until expended, for facilities in Afghanistan.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to
International Organizations'', $66,000,000, to remain available
until September 30, 2009.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $373,708,000, to
remain available until September 30, 2009, of which
$333,600,000 shall be made available for the United Nations-
African Union Hybrid Mission in Darfur.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $2,000,000, to remain available until September
30, 2009.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $220,000,000, to remain available until expended.
operating expenses of the united states agency for international
development
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$150,500,000, to remain available until September 30, 2009:
Provided, That of the funds appropriated under this heading,
not more than $25,000,000 shall be made available to establish
and implement a coordinated civilian response capacity at the
United States Agency for International Development.
operating expenses of the united states agency for international
development office of inspector general
For an additional amount for ``Operating Expenses of the
United States Agency for International Development Office of
Inspector General'', $4,000,000, to remain available until
September 30, 2009.
Other Bilateral Economic Assistance
economic support fund
For an additional amount for ``Economic Support Fund'',
$1,882,500,000, to remain available until September 30, 2009,
of which not more than $424,000,000 may be made available for
assistance for Iraq, $175,000,000 shall be made available for
assistance for Jordan to meet the needs of Iraqi refugees, and
up to $53,000,000 may be made available for energy-related
assistance for North Korea, notwithstanding any other provision
of law: Provided, That not more than $171,000,000 of the funds
appropriated under this heading in this subchapter shall be
made available for assistance for the West Bank and Gaza and
none of such funds shall be for cash transfer assistance:
Provided further, That of the funds appropriated under this
heading, $1,000,000 shall be made available for the Office of
the United Nations High Commissioner for Human Rights in
Mexico: Provided further, That the funds made available under
this heading for energy-related assistance for North Korea may
be made available to support the goals of the Six Party Talks
Agreements after the Secretary of State determines and reports
to the Committees on Appropriations that North Korea is
continuing to fulfill its commitments under such agreements.
Department of State
democracy fund
For an additional amount for ``Democracy Fund'',
$76,000,000, to remain available until September 30, 2009, of
which $75,000,000 shall be for democracy programs in Iraq and
$1,000,000 shall be for democracy programs in Chad.
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $390,300,000, to remain
available until September 30, 2009, of which not more than
$25,000,000 shall be made available for security assistance for
the West Bank.
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'', $315,000,000, to remain available until expended.
united states emergency refugee and migration assistance fund
For an additional amount for ``United States Emergency
Refugee and Migration Assistance Fund'', $31,000,000, to remain
available until expended.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $13,700,000, to
remain available until September 30, 2009.
MILITARY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $137,500,000, to remain available until September
30, 2009, of which $17,000,000 shall be made available for
assistance for Jordan and up to $116,500,000 may be made
available for assistance for Mexico.
Not more than $1,350,000 of the funds appropriated or
otherwise made available under the heading ``Foreign Military
Financing Program'' by the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008
(division J of Public Law 110-161) that were previously
transferred to and merged with ``Diplomatic and Consular
Programs'' may be made available for any purposes authorized
for that account, of which up to $500,000 shall be made
available to increase the capacity of the United States Embassy
in Mexico City to implement section 620J of the Foreign
Assistance Act of 1961: Provided, That funds made available by
this paragraph shall not be subject to Section 8002 of this
Act.
SUBCHAPTER B--BRIDGE FUND SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR
2009
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For an additional amount for ``Diplomatic and Consular
Programs'', $704,900,000, which shall become available on
October 1, 2008, and remain available through September 30,
2009: Provided, That of the funds appropriated under this
heading, $78,400,000 is for worldwide security protection and
shall remain available until expended: Provided further, That
not more than $550,500,000 of the funds appropriated under this
heading shall be available for diplomatic operations in Iraq.
office of inspector general
(including transfer of funds)
For an additional amount for ``Office of Inspector
General'', $57,000,000, which shall become available on October
1, 2008, and remain available through September 30, 2009:
Provided, That $36,500,000 shall be transferred to the Special
Inspector General for Iraq Reconstruction for reconstruction
oversight and $5,000,000 shall be transferred to the Special
Inspector General for Afghanistan Reconstruction for
reconstruction oversight.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $41,300,000, which shall
become available on October 1, 2008, and remain available until
expended, for facilities in Afghanistan.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to
International Organizations'', $75,000,000, which shall become
available on October 1, 2008, and remain available through
September 30, 2009.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $150,500,000, which
shall become available on October 1, 2008, and remain available
through September 30, 2009.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $6,000,000, which shall become available on
October 1, 2008, and remain available through September 30,
2009.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health and child survival
For an additional amount for ``Global Health and Child
Survival'', $75,000,000, which shall become available on
October 1, 2008, and remain available through September 30,
2009, for programs to combat avian influenza.
development assistance
For an additional amount for ``Development Assistance'',
$200,000,000, for assistance for developing countries to
address the international food crisis notwithstanding any other
provision of law, which shall become available on October 1,
2008, and remain available through September 30, 2010:
Provided, That such assistance should be carried out consistent
with the purposes of section 103(a)(1) of the Foreign
Assistance Act of 1961: Provided further, That not more than
$50,000,000 should be made available for local or regional
purchase and distribution of food: Provided further, That the
Secretary of State shall submit to the Committees on
Appropriations not later than 45 days after enactment of this
Act, and prior to the initial obligation of funds appropriated
under this heading, a report on the proposed uses of such funds
to alleviate hunger and malnutrition, including a list of those
countries facing significant food shortages.
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $200,000,000, which shall become available on
October 1, 2008, and remain available until expended.
operating expenses of the united states agency for international
development
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$93,000,000, which shall become available on October 1, 2008,
and remain available through September 30, 2009.
operating expenses of the united states agency for international
development office of inspector general
For an additional amount for ``Operating Expenses of the
United States Agency for International Development Office of
Inspector General'', $1,000,000, which shall become available
on October 1, 2008, and remain available through September 30,
2009.
Other Bilateral Economic Assistance
economic support fund
For an additional amount for ``Economic Support Fund'',
$1,124,800,000, which shall become available on October 1,
2008, and remain available through September 30, 2009, of which
not more than $102,500,000 may be made available for assistance
for Iraq, $100,000,000 shall be made available for assistance
for Jordan, not more than $455,000,000 may be made available
for assistance for Afghanistan, not more than $150,000,000 may
be made available for assistance for Pakistan, not more than
$150,000,000 shall be made available for assistance for the
West Bank and Gaza, and $15,000,000 may be made available for
energy-related assistance for North Korea, notwithstanding any
other provision of law.
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $199,000,000, which shall become
available on October 1, 2008, and remain available through
September 30, 2009: Provided, That not more than $50,000,000 of
the funds appropriated under this heading shall be made
available for security assistance for the West Bank and up to
$48,000,000 may be made available for assistance for Mexico.
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'', $350,000,000, which shall become available on
October 1, 2008, and remain available until expended.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $4,500,000, for
humanitarian demining assistance for Iraq, which shall become
available on October 1, 2008, and remain available through
September 30, 2009.
MILITARY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $302,500,000, which shall become available on
October 1, 2008, and remain available through September 30,
2009, of which $100,000,000 shall be made available for
assistance for Jordan, and not less than $170,000,000 shall be
available for grants only for Israel and shall be disbursed not
later than November 1, 2008: Provided, That section 3802(c) of
title III, chapter 8 of Public Law 110-28 \1\ shall apply to
funds made available under this heading for assistance for
Lebanon.
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\1\ Sec. 3802(c) of Public Law 110-28 (121 Stat. 148) provided the
following:
``(c) Certification Required.--Prior to the initial obligation of
funds made available in this Act for assistance for Lebanon under the
headings `Foreign Military Financing Program' and `Nonproliferation,
Anti-Terrorism, Demining and Related Programs', the Secretary of State
shall certify to the Committees on Appropriations that all practicable
efforts have been made to ensure that such assistance is not provided
to or through any individual, or private or government entity, that
advocates, plans, sponsors, engages in, or has engaged in, terrorist
activity.''.
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peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$95,000,000, which shall become available on October 1, 2008,
and remain available through September 30, 2009.
SUBCHAPTER C--GENERAL PROVISIONS, THIS CHAPTER
extension of authorities
Sec. 1401. Funds appropriated by this chapter may be
obligated and expended notwithstanding section 10 of Public Law
91-672 (22 U.S.C. 2412), section 15 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 414(a)(1)).
iraq
Sec. 1402. (a) Asset Transfer Agreement.--
(1) None of the funds appropriated by this chapter
for infrastructure maintenance activities in Iraq may
be made available until the Secretary of State
certifies and reports to the Committees on
Appropriations that the Governments of the United
States and Iraq have entered into, and are
implementing, an asset transfer agreement that includes
commitments by the Government of Iraq to maintain
United States-funded infrastructure in Iraq.
(2) None of the funds appropriated by this chapter
may be made available for the construction of prison
facilities in Iraq.
(b) Anti-Corruption.--Not more than 40 percent of the funds
appropriated by this chapter for rule of law programs in Iraq
may be made available for assistance for the Government of Iraq
until the Secretary of State reports to the Committees on
Appropriations that a comprehensive anti-corruption strategy
has been developed, and is being implemented, by the Government
of Iraq, and the Secretary of State submits a list, in
classified form if necessary, to the Committees on
Appropriations of senior Iraqi officials who the Secretary has
credible evidence to believe have committed corrupt acts.
(c) Provincial Reconstruction Teams.--None of the funds
appropriated by this chapter for the operational or program
expenses of Provincial Reconstruction Teams (PRTs) in Iraq may
be made available until the Secretary of State submits a report
to the Committees on Appropriations detailing--
(1) the strategy for the eventual winding down and
close out of PRTs;
(2) anticipated costs associated with PRT operations,
programs, and eventual winding down and close out,
including security for PRT personnel and anticipated
Government of Iraq contributions; and
(3) anticipated placement and cost estimates of
future United States Consulates in Iraq.
(d) Community Stabilization Program.--Not more than 50
percent of the funds appropriated by this chapter for the
Community Stabilization Program in Iraq may be made available
until the Secretary of State certifies and reports to the
Committees on Appropriations that the United States Agency for
International Development is implementing recommendations
contained in Office of Inspector General Audit Report No. E-
267-08-001-P to ensure accountability of funds.
(e) Matching Requirement.--
(1) Notwithstanding any other provision of law, funds
appropriated by this chapter for assistance for Iraq
shall be made available only to the extent that the
Government of Iraq matches such assistance on a dollar-
for-dollar basis.
(2) Paragraph (1) shall not apply to funds made
available for--
(A) grants and cooperative agreements for
programs to promote democracy and human rights;
(B) the Community Action Program and other
assistance through civil society organizations;
(C) humanitarian demining; or
(D) assistance for refugees, internally
displaced persons, and civilian victims of the
military operations.
(3) The Secretary of State shall certify to the
Committees on Appropriations prior to the initial
obligation of funds pursuant to this section that the
Government of Iraq has committed to obligate matching
funds on a dollar-for-dollar basis. The Secretary shall
submit a report to the Committees on Appropriations not
later than September 30, 2008, and 180 days thereafter,
detailing the amounts of funds obligated and expended
by the Government of Iraq to meet the requirements of
this section.
(4) Not later than 45 days after enactment of this
Act, the Secretary of State shall submit a report to
the Committees on Appropriations detailing the amounts
provided by the Government of Iraq since June 30, 2004,
to assist Iraqi refugees in Syria, Jordan, and
elsewhere, and the amount of such assistance the
Government of Iraq plans to provide in fiscal year
2008. The Secretary shall work expeditiously with the
Government of Iraq to establish an account within its
annual budget sufficient to, at a minimum, match United
States contributions on a dollar-for-dollar basis to
organizations and programs for the purpose of assisting
Iraqi refugees.
afghanistan
Sec. 1403. (a) Assistance for Women and Girls.--Funds
appropriated by this chapter under the heading ``Economic
Support Fund'' that are available for assistance for
Afghanistan shall be made available, to the maximum extent
practicable, through local Afghan provincial and municipal
governments and Afghan civil society organizations and in a
manner that emphasizes the participation of Afghan women and
directly improves the economic, social and political status of
Afghan women and girls.
(b) Higher Education.--Of the funds appropriated by this
chapter under the heading ``Economic Support Fund'' that are
made available for education programs in Afghanistan, not less
than 50 percent shall be made available to support higher
education and vocational training programs in law, accounting,
engineering, public administration, and other disciplines
necessary to rebuild the country, in which the participation of
women is emphasized.
(c) Post-Operations Assistance.--Of the funds appropriated
by this chapter under the heading ``Economic Support Fund''
that are available for assistance for Afghanistan, not less
than $2,000,000 shall be made available for a United States
contribution to the North Atlantic Treaty Organization/
International Security Assistance Force Post-Operations
Humanitarian Relief Fund.
(d) Anti-Corruption.--Not later than 90 days after the
enactment of this Act, the Secretary of State shall--
(1) submit a report to the Committees on
Appropriations on actions being taken by the Government
of Afghanistan to combat corruption within the national
and provincial governments, including to remove and
prosecute officials who have committed corrupt acts;
(2) submit a list to the Committees on
Appropriations, in classified form if necessary, of
senior Afghan officials who the Secretary has credible
evidence to believe have committed corrupt acts; and
(3) certify and report to the Committees on
Appropriations that effective mechanisms are in place
to ensure that assistance to national government
ministries and provincial governments will be properly
accounted for.
west bank
Sec. 1404. Not later than 90 days after the date of
enactment of this Act and 180 days thereafter, the Secretary of
State shall submit to the Committees on Appropriations a report
on assistance provided by the United States for the training of
Palestinian security forces, including detailed descriptions of
the training, curriculum, and equipment provided; an assessment
of the training and the performance of forces after training
has been completed; and a description of the assistance that
has been pledged and provided to Palestinian security forces by
other donors: Provided, That not later than 90 days after the
date of enactment of this Act, the Secretary of State shall
report to the Committees on Appropriations, in classified form
if necessary, on the security strategy of the Palestinian
Authority.
waiver of certain sanctions against north korea
Sec. 1405. (a) Waiver Authority.--
(1) In general.--Except as provided in subsection
(b), the President may waive in whole or in part, with
respect to North Korea, the application of any sanction
contained in subparagraph (A), (B), (D) or (G) under
section 102(b)(2) of the Arms Export Control Act (22
U.S.C. 2799aa-1(b)), for the purpose of providing
assistance related to--
(A) the implementation and verification of
the compliance by North Korea with its
commitment, undertaken in the Joint Statement
of September 19, 2005, to abandon all nuclear
weapons and existing nuclear programs as part
of the verifiable denuclearization of the
Korean Peninsula; and
(B) the elimination of the capability of
North Korea to develop, deploy, transfer, or
maintain weapons of mass destruction and their
delivery systems.
(2) Limitation.--The authority under paragraph (1)
shall expire 5 years after the date of enactment of
this Act.
(b) Exceptions.--
(1) Limited exception related to certain sanctions
and prohibitions.--The authority under subsection (a)
shall not apply with respect to a sanction or
prohibition under subparagraph (B) or (G) of section
102(b)(2) of the Arms Export Control Act, unless the
President determines and certifies to the appropriate
congressional committees that--
(A) all reasonable steps will be taken to
assure that the articles or services exported
or otherwise provided will not be used to
improve the military capabilities of the armed
forces of North Korea; and
(B) such waiver is in the national security
interests of the United States.
(2) Limited exception related to certain
activities.--Unless the President determines and
certifies to the appropriate congressional committees
that using the authority under subsection (a) is vital
to the national security interests of the United
States, such authority shall not apply with respect
to--
(A) an activity described in subparagraph (A)
of section 102(b)(1) of the Arms Export Control
Act that occurs after September 19, 2005, and
before the date of the enactment of this Act;
(B) an activity described in subparagraph (C)
of such section that occurs after September 19,
2005; or
(C) an activity described in subparagraph (D)
of such section that occurs after the date of
enactment of this Act.
(3) Exception related to certain activities occurring
after date of enactment.--The authority under
subsection (a) shall not apply with respect to an
activity described in subparagraph (A) or (B) of
section 102(b)(1) of the Arms Export Control Act that
occurs after the date of the enactment of this Act.
(4) Limited exception related to lethal weapons.--The
authority under subsection (a) shall not apply with
respect to any export of lethal defense articles that
would be prevented by the application of section
102(b)(2) of the Arms Export Control Act.
(c) Notifications and Reports.--
(1) Congressional notification.--The President shall
notify the appropriate congressional committees in
writing not later than 15 days before exercising the
waiver authority under subsection (a).
(2) Annual report.--Not later than January 31, 2009,
and annually thereafter, the President shall submit to
the appropriate congressional committees a report
that--
(A) lists all waivers issued under subsection
(a) during the preceding year;
(B) describes in detail the progress that is
being made in the implementation of the
commitment undertaken by North Korea, in the
Joint Statement of September 19, 2005, to
abandon all nuclear weapons and existing
nuclear programs as part of the verifiable
denuclearization of the Korean Peninsula;
(C) discusses specifically any shortcomings
in the implementation by North Korea of that
commitment; and
(D) lists and describes the progress and
shortcomings, in the preceding year, of all
other programs promoting the elimination of the
capability of North Korea to develop, deploy,
transfer, or maintain weapons of mass
destruction or their delivery systems.
(3) Report on verification measures relating to north
korea's nuclear programs.--
(A) In general.--Not later than 15 days after
the date of enactment of this Act, the
Secretary of State shall submit to the
appropriate congressional committees a report
on verification measures relating to North
Korea's nuclear programs under the Six-Party
Talks Agreement of February 13, 2007, with
specific focus on how such verification
measures are defined under the Six-Party Talks
Agreement and understood by the United States
Government.
(B) Matters to be included.--The report
required under subsection (A) shall include,
among other elements, a description of--
(i) how the United States will
confirm that North Korea has ``provided
a complete and correct declaration of
all of its nuclear programs'';
(ii) how the United States will
maintain a high and ongoing level of
confidence that North Korea has fully
met the terms of the Six-Party Talks
Agreement relating to its nuclear
programs;
(iii) any diplomatic agreement with
North Korea regarding verification
measures relating to North Korea's
nuclear programs under the Six-Party
Talks Agreement (other than
implementing arrangements made during
on-site operations); and
(iv) any significant and continuing
disagreement with North Korea regarding
verification measures relating to North
Korea's nuclear programs under the Six-
Party Talks Agreement.
(C) Form.--The report required under
subsection (A) shall be submitted in
unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committees on Appropriations, Armed Services,
and Foreign Relations of the Senate; and
(2) the Committees on Appropriations, Armed Services,
and Foreign Affairs of the House of Representatives.
mexico
Sec. 1406. (a) Assistance for Mexico.--Of the funds
appropriated under the headings ``International Narcotics
Control and Law Enforcement'', ``Foreign Military Financing
Program'', and ``Economic Support Fund'' in this chapter, not
more than $352,000,000 of the funds appropriated in subchapter
A and $48,000,000 of the funds appropriated in subchapter B may
be made available for assistance for Mexico, only to combat
drug trafficking and related violence and organized crime, and
for judicial reform, institution building, anti-corruption, and
rule of law activities, of which not less than $73,500,000
shall be used for judicial reform, institution building, anti-
corruption, and rule of law activities: Provided, That none of
the funds made available under this section shall be made
available for budget support or as cash payments: Provided
further, That not more than 45 days after enactment of this
Act, and after consulting with relevant Mexican Government
authorities, the Secretary of State shall report in writing to
the Committees on Appropriations on the procedures in place to
implement section 620J of the Foreign Assistance Act of 1961.
(b) Allocation of Funds.--Fifteen percent of the funds made
available in this chapter for assistance for Mexico under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing Program'' may
not be obligated until the Secretary of State reports in
writing to the Committees on Appropriations that the Government
of Mexico is--
(1) improving the transparency and accountability of
federal police forces and working with state and
municipal authorities to improve the transparency and
accountability of state and municipal police forces
through mechanisms including establishing police
complaints commissions with authority and independence
to receive complaints and carry out effective
investigations;
(2) establishing a mechanism for regular
consultations among relevant Mexican Government
authorities, Mexican human rights organizations and
other relevant Mexican civil society organizations, to
make recommendations concerning implementation of the
Merida Initiative in accordance with Mexican and
international law;
(3) ensuring that civilian prosecutors and judicial
authorities are investigating and prosecuting, in
accordance with Mexican and international law, members
of the federal police and military forces who have been
credibly alleged to have committed violations of human
rights, and the federal police and military forces are
fully cooperating with the investigations; and
(4) enforcing the prohibition, in accordance with
Mexican and international law, on the use of testimony
obtained through torture or other ill-treatment.
(c) Exception.--Notwithstanding subsection (b), of the
funds appropriated by subchapter A for assistance for Mexico
under the heading ``International Narcotics Control and Law
Enforcement'', $3,000,000 shall be made available for technical
and other assistance to enable the Government of Mexico to
implement a unified national registry of federal, state, and
municipal police officers.
(d) Report.--The report required in subsection (b) shall
include a description of actions taken with respect to each
requirement and the cases or issues brought to the attention of
the Secretary of State for which the response or action taken
has been inadequate.
(e) Notification.--Funds made available for Mexico by this
chapter shall be subject to the regular notification procedures
of the Committees on Appropriations and section 634A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2394-1).
(f) Spending Plan.--Not later than 45 days after the date
of the enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a detailed spending
plan for funds appropriated or otherwise made available for
Mexico by this chapter, which shall include a strategy,
developed after consulting with relevant Mexican Government
authorities, for combating drug trafficking and related
violence and organized crime, judicial reform, institution
building, anti-corruption, and rule of law activities, with
concrete goals, actions to be taken, budget proposals, and
anticipated results.
central america
Sec. 1407. (a) Assistance for the Countries of Central
America.--Of the funds appropriated in subchapter A under the
headings ``International Narcotics Control and Law
Enforcement'', ``Foreign Military Financing Program'',
``Nonproliferation, Anti-Terrorism, Demining and Related
Programs'', and ``Economic Support Fund'', $65,000,000 may be
made available for assistance for the countries of Central
America, Haiti, and the Dominican Republic only to combat drug
trafficking and related violence and organized crime, and for
judicial reform, institution building, anti-corruption, rule of
law activities, and maritime security: Provided, That of the
funds appropriated under the heading ``Economic Support Fund'',
$25,000,000 shall be made available for an Economic and Social
Development Fund for Central America, of which $20,000,000
shall be made available through the United States Agency for
International Development and $5,000,000 shall be made
available through the Department of State for educational
exchange programs: Provided further, That of the funds
appropriated in subchapter A under the heading ``International
Narcotics Control and Law Enforcement'', $2,500,000 shall be
made available for assistance for Haiti, $2,500,000 shall be
made available for assistance for the Dominican Republic, and
$1,000,000 shall be made available for a United States
contribution to the International Commission Against Impunity
in Guatemala: Provided further, That none of the funds shall be
made available for budget support or as cash payments: Provided
further, That not more than 45 days after enactment of this
Act, the Secretary of State shall report in writing to the
Committees on Appropriations on the procedures in place to
implement section 620J of the Foreign Assistance Act of 1961.
(b) Allocation of Funds.--Fifteen percent of the funds made
available by this chapter for assistance for the countries of
Central America, Haiti and the Dominican Republic under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing Program'' may
not be obligated until the Secretary of State reports in
writing to the Committees on Appropriations that the government
of such country is--
(1) establishing police complaints commissions with
authority and independence to receive complaints and
carry out effective investigations;
(2) implementing reforms to improve the capacity and
ensure the independence of the judiciary; and
(3) investigating and prosecuting members of the
federal police and military forces who have been
credibly alleged to have committed violations of human
rights.
(c) Report.--The report required in subsection (b) shall
include actions taken with respect to each requirement and the
cases or issues brought to the attention of the Secretary of
State for which the response or action taken has been
inadequate.
(d) Notification.--Funds made available for assistance for
the countries of Central America, Haiti and the Dominican
Republic in subchapter A shall be subject to the regular
notification procedures of the Committees on Appropriations and
section 634A of the Foreign Assistance Act of 1961 (22 U.S.C.
2394-1).
(e) Spending Plan.--Not later than 45 days after enactment
of this Act, the Secretary of State shall submit to the
Committees on Appropriations a detailed spending plan for funds
appropriated or otherwise made available for the countries of
Central America, Haiti and the Dominican Republic in subchapter
A, which shall include a strategy for combating drug
trafficking and related violence and organized crime, judicial
reform, institution building, anti-corruption, and rule of law
activities, with concrete goals, actions to be taken, budget
proposals and anticipated results.
(f) Definition.--For the purposes of this section, the term
``countries of Central America'' means Belize, Costa Rica, El
Salvador, Guatemala, Honduras, Nicaragua, and Panama.
buying power maintenance account
(including transfers of funds)
Sec. 1408. (a) Of the funds appropriated under the heading
``Diplomatic and Consular Programs'' and allocated by section
3810 of the U.S. Troop Readiness, Veterans'' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007
(Public Law 110-28), $26,000,000 shall be transferred to and
merged with funds in the ``Buying Power Maintenance Account'':
Provided, That of the funds made available by this chapter up
to an additional $74,000,000 may be transferred to and merged
with the ``Buying Power Maintenance Account'', subject to the
regular notification procedures of the Committees on
Appropriations and in accordance with the procedures in section
34 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2706). Any funds transferred pursuant to this section
shall be available, without fiscal year limitation, pursuant to
section 24 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2696).
(b) Section 24(b)(7) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2696(b)(7)) is amended by
amending subparagraph (D) to read as follows: * * *
(c) The Broadcasting Board of Governors may transfer funds
into its Buying Power Maintenance Account, notwithstanding the
requirement that such funds be provided in advance in
appropriations Acts. The authority in this subsection may be
exercised only with respect to funds appropriated or otherwise
made available after fiscal year 2008.
serbia
Sec. 1409. Of the funds made available under the heading
``Assistance for Eastern Europe and the Baltic States'' by
title III of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of Public
Law 110-161), an amount equivalent to the unpaid costs of
damage to the United States Embassy in Belgrade, Serbia, as
estimated by the Secretary of State, resulting from the
February 21, 2008 attack on such Embassy, shall be withheld
from obligation for assistance for the central government of
Serbia if the Secretary of State reports to the Committees on
Appropriations that the Government of Serbia has failed to
provide full compensation to the Department of State for
damages to the United States Embassy resulting from the
February 21, 2008 attack on such embassy. Section 8002 of this
Act shall not apply to this section.
rescissions
Sec. 1410. (a) World Food Program.--
(1) For an additional amount for a contribution to
the World Food Program to assist farmers in countries
affected by food shortages to increase crop yields,
notwithstanding any other provision of law,
$20,000,000, to remain available until expended.
(2) Of the funds appropriated under the heading
``Andean Counterdrug Initiative'' in prior Acts making
appropriations for foreign operations, export
financing, and related programs, $20,000,000 are
rescinded.
(b) Sudan.--
(1) For an additional amount for ``International
Narcotics Control and Law Enforcement'', $10,000,000,
for assistance for Sudan to support formed police
units, to remain available until September 30, 2009,
and subject to prior consultation with the Committees
on Appropriations.
(2) Of the funds appropriated under the heading
``International Narcotics Control and Law Enforcement''
in prior Acts making appropriations for foreign
operations, export financing, and related programs,
$10,000,000 are rescinded.
(c) Rescission.--Of the unobligated balances of funds
appropriated for ``Iraq Relief and Reconstruction Fund'' in
prior Acts making appropriations for foreign operations, export
financing, and related programs, $50,000,000 are rescinded.
(d) Exception.--Section 8002 of this Act shall not apply to
subsections (a) and (b) of this section.
darfur peacekeeping
Sec. 1411. Funds appropriated under the headings ``Foreign
Military Financing Program'' and ``Peacekeeping Operations'' by
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2008 (division J of Public Law
110-161) and by prior Acts making appropriations for foreign
operations, export financing, and related programs may be used
to transfer, equip, upgrade, refurbish or lease helicopters or
related equipment necessary to support the operations of the
African Union/United Nations peacekeeping operation in Darfur,
Sudan, that was established pursuant to United Nations Security
Council Resolution 1769. The President may utilize the
authority of sections 506 or 516 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2318, 2321j) or section 61 of the Arms
Export Control Act (22 U.S.C. 2796) in order to provide such
support, notwithstanding any other provision of law except for
sections 502B(a)(2), 620A and 620J of the Foreign Assistance
Act of 1961 (22 U.S.C. 2304(a)(2), 2371, 2378d) and section 40A
of the Arms Export Control Act (22 U.S.C. 2780). Any exercise
of the authorities provided by section 506 of the Foreign
Assistance Act pursuant to this section may include the
authority to acquire helicopters by contract.
tibet
Sec. 1412. (a) Of the funds appropriated by this Act or
prior Acts making appropriations for the Department of State,
foreign operations and related programs under the headings
``Diplomatic and Consular Programs'' and ``Embassy Security,
Construction, and Maintenance'', up to $5,000,000 shall be made
available to establish a United States Consulate in Lhasa,
Tibet.
(b) The Department of State should not consent to opening a
consular post in the United States by the People's Republic of
China until such time as the People's Republic of China
consents to opening a United States consular post in Lhasa,
Tibet.
jordan
(including rescission of funds)
Sec. 1413. (a) For an additional amount for ``Economic
Support Fund'' for assistance for Jordan, $25,000,000, to
remain available until September 30, 2009.
(b) For an additional amount for ``Foreign Military
Financing Program'' for assistance for Jordan, $33,000,000, to
remain available until September 30, 2009.
(c) Of the unobligated balances of funds appropriated under
the heading ``Millennium Challenge Corporation'' in prior Acts
making appropriations for foreign operations, export financing,
and related programs, $58,000,000 are rescinded.
(d) Section 8002 of this Act shall not apply to this
section.
allocations
Sec. 1414. (a) Funds provided by this chapter for the
following accounts shall be made available for programs and
countries in the amounts contained in the respective tables
included in the explanatory statement printed in the
Congressional Record accompanying this Act:
``Diplomatic and Consular Programs''
``Economic Support Fund''.
(b) Any proposed increases or decreases to the amounts
contained in such tables in the explanatory statement printed
in the Congressional Record accompanying this Act shall be
subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.
reprogramming authority
Sec. 1415. Notwithstanding any other provision of law, to
include minimum funding requirements or funding directives,
funds made available under the headings ``Development
Assistance'' and ``Economic Support Fund'' in prior Acts making
appropriations for foreign operations, export financing, and
related programs may be made available to address critical food
shortages, subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
spending plans and notification procedures
Sec. 1416. (a) Subchapter A Spending Plan.--Not later than
45 days after the enactment of this Act, the Secretary of State
shall submit to the Committees on Appropriations a report
detailing planned expenditures for funds appropriated under the
headings in subchapter A, except for funds appropriated under
the headings ``International Disaster Assistance'', ``Migration
and Refugee Assistance'', and ``United States Emergency Refugee
and Migration Assistance Fund''.
(b) Subchapter B Spending Plan.--The Secretary of State
shall submit to the Committees on Appropriations not later than
November 1, 2008, and prior to the initial obligation of funds,
a detailed spending plan for funds appropriated or otherwise
made available in subchapter B, except for funds appropriated
under the headings ``International Disaster Assistance'',
``Migration and Refugee Assistance'', and ``United States
Emergency Refugee and Migration Assistance Fund''.
(c) Notification.--Funds made available in this chapter
shall be subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.
terms and conditions
Sec. 1417. Unless otherwise provided for in this Act, funds
appropriated or otherwise made available by this chapter shall
be available under the authorities and conditions provided in
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2008 (division J of Public Law
110-161), except that section 699K of such Act shall not apply
to funds in this chapter.
* * * * * * *
e. Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008
Division J of Public Law 110-161 [Consolidated Appropriations Act,
2007; H.R. 2764], 121 Stat. 1844 at 2277, approved December 26, 2007;
as amended by Public Law 110-257 [H.R. 5690], 122 Stat. 2426, approved
July 1, 2008
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Note.--Fiscal year 2007 appropriations were continued into fiscal year 2008 in Public Law 110-92 (121
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AN ACT Making appropriations for the Department of State, foreign
operations, and related programs for the fiscal year ending September
30, 2008, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
employment, without regard to civil service and classification
laws, of persons on a temporary basis (not to exceed $700,000
of this appropriation), as authorized by section 801 of the
United States Information and Educational Exchange Act of 1948;
representation to certain international organizations in which
the United States participates pursuant to treaties ratified
pursuant to the advice and consent of the Senate or specific
Acts of Congress; arms control, nonproliferation and
disarmament activities as authorized; acquisition by exchange
or purchase of passenger motor vehicles as authorized by law;
and for expenses of general administration, $4,385,042,000:
Provided, That of the amount provided by this paragraph,
$575,000,000 \1\ is designated as described in section 5 (in
the matter preceding division A of this consolidated Act):
Provided further, That of the amount made available under this
heading, not to exceed $10,000,000 may be transferred to, and
merged with, ``Emergencies in the Diplomatic and Consular
Service'', to be available only for emergency evacuations and
terrorism rewards: Provided further, That of the amount made
available under this heading, not less than $360,905,000 shall
be available only for public diplomacy international
information programs: Provided further, That of the funds made
available under this heading, $5,000,000 shall be made
available for a demonstration program to expand access to
consular services: Provided further, That of the amount
appropriated under this heading, $2,000,000 shall be available
for the Secretary to establish and operate a public/private
interagency public diplomacy center which shall serve as a
program integration and coordination entity for United States
public diplomacy programs: Provided further, That of the
amounts appropriated under this heading, $4,000,000, to remain
available until expended, shall be for compensation to the
families of members of the Foreign Service or other United
States Government employees or their dependents, who were
killed in terrorist attacks since 1979: Provided further, That
none of the funds made available for compensation in the
previous proviso may be obligated without specific
authorization in a subsequent Act of Congress: Provided
further, That during fiscal year 2008, foreign service
annuitants may be employed, notwithstanding section 316.401 of
title 5, Code of Federal Regulations, pursuant to waivers under
section 824(g)(1)(C)(ii) of the Foreign Service Act of 1980 (22
U.S.C. 4064(g)(1)(C)(ii)): Provided further, That of the funds
appropriated under this heading, $5,000,000 shall be made
available for the Ambassador's Fund for Cultural Preservation:
Provided further, That of the funds appropriated under this
heading, $500,000 may not be available for obligation until the
Secretary of State submits a report to the Committees on
Appropriations outlining a plan to increase the capacity of
United States Embassy Moscow to monitor human rights and
Russian laws relating to the press and civil society groups,
and consults with the Committees on Appropriations concerning
such plan: Provided further, That \2\ the Secretary may
transfer to and merge with ``Emergencies in the Diplomatic and
Consular Service'' for rewards payments unobligated balances of
funds appropriated under ``Diplomatic and Consular Programs''
for this fiscal year and for each fiscal year hereafter, at no
later than the end of the fifth fiscal year after the fiscal
year for which any such funds were appropriated or otherwise
made available: Provided further, That funds available under
this heading may be available for a United States Government
interagency task force to examine, coordinate and oversee
United States participation in the United Nations headquarters
renovation project: Provided further, That no funds may be
obligated or expended for processing licenses for the export of
satellites of United States origin (including commercial
satellites and satellite components) to the People's Republic
of China unless, at least 15 days in advance, the Committees on
Appropriations are notified of such proposed action: Provided
further, That funds appropriated under this heading are
available, pursuant to 31 U.S.C. 1108(g), for the field
examination of programs and activities in the United States
funded from any account contained in this title.
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\1\ Sec. 102 of the Consolidated Security, Disaster Assistance, and
Continuing Appropriations Act, 2009 (Public Law 110-329; 122 Stat.
3575), provided the following:
``Sec. 102. Rates for operations shall be calculated under section
101 without regard to any amount designated in the applicable
appropriations Acts for fiscal year 2008 as an emergency requirement or
necessary to meet emergency needs pursuant to any concurrent resolution
on the budget, other than the following amounts:
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``(1) * * *
``(2) * * *
``(3) * * *
``(4) $272,000,000 of the $575,000,000 provided in division J of Public
Law 110-161 for `Department of State--Administration of Foreign Affairs--
Diplomatic and Consular Programs' in the first paragraph under such
heading, and $206,632,000 provided in the last paragraph under such
heading.
``(5) $76,700,000 provided in subchapter A of chapter 4 of title I of
Public Law 110-252 for `Department of State--Administration of Foreign
Affairs--Embassy Security, Construction, and Maintenance'.''.
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\2\ 22 U.S.C. 2706a.
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In addition, not to exceed $1,558,390 shall be derived from
fees collected from other executive agencies for lease or use
of facilities located at the International Center in accordance
with section 4 of the International Center Act; in addition, as
authorized by section 5 of such Act, $490,000, to be derived
from the reserve authorized by that section, to be used for the
purposes set out in that section; in addition, as authorized by
section 810 of the United States Information and Educational
Exchange Act, not to exceed $6,000,000, to remain available
until expended, may be credited to this appropriation from fees
or other payments received from English teaching, library,
motion pictures, and publication programs and from fees from
educational advising and counseling and exchange visitor
programs; and, in addition, not to exceed $15,000, which shall
be derived from reimbursements, surcharges, and fees for use of
Blair House facilities.
In addition, for the costs of worldwide security
protection, $974,760,000, to remain available until expended:
Provided, That of the amount provided by this paragraph,
$206,632,000 is designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
capital investment fund
For necessary expenses of the Capital Investment Fund,
$60,062,000, to remain available until expended, as authorized:
Provided, That section 135(e) of Public Law 103-236 shall not
apply to funds available under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General,
$34,008,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (Public Law 96-465), as it relates to post
inspections.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs,
as authorized, $505,441,000, to remain available until
expended: Provided, That not to exceed $5,000,000, to remain
available until expended, may be credited to this appropriation
from fees or other payments received from or in connection with
English teaching, educational advising and counseling programs,
and exchange visitor programs as authorized.
representation allowances
For representation allowances as authorized, $8,175,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $23,000,000, to remain available until
September 30, 2009.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving,
maintaining, repairing, and planning for buildings that are
owned or directly leased by the Department of State,
renovating, in addition to funds otherwise available, the Harry
S Truman Building, and carrying out the Diplomatic Security
Construction Program as authorized, $761,216,000, to remain
available until expended as authorized, of which not to exceed
$25,000 may be used for domestic and overseas representation as
authorized: Provided, That none of the funds appropriated in
this paragraph shall be available for acquisition of furniture,
furnishings, or generators for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $676,000,000, to
remain available until expended.
emergencies in the diplomatic and consular service
(including transfer of funds)
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $9,000,000, to remain available until
expended as authorized, of which not to exceed $1,000,000 may
be transferred to and merged with the ``Repatriation Loans
Program Account'', subject to the same terms and conditions.
repatriation loans program account
(including transfer of funds)
For the cost of direct loans, $678,000, as authorized:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, for administrative expenses necessary to carry
out the direct loan program, $607,000, which may be transferred
to and merged with ``Diplomatic and Consular Programs''.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $16,351,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $158,900,000.
International Organizations
contributions to international organizations
For \3\ expenses, not otherwise provided for, necessary to
meet annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions
or specific Acts of Congress, $1,354,400,000: Provided, That
the Secretary of State shall, at the time of the submission of
the President's budget to Congress under section 1105(a) of
title 31, United States Code, transmit to the Committees on
Appropriations the most recent biennial budget prepared by the
United Nations for the operations of the United Nations:
Provided further, That the Secretary of State shall notify the
Committees on Appropriations at least 15 days in advance (or in
an emergency, as far in advance as is practicable) of any
United Nations action to increase funding for any United
Nations program without identifying an offsetting decrease
elsewhere in the United Nations budget and cause the United
Nations budget for the biennium 2008-2009 to exceed the revised
United Nations budget level for the biennium 2006-2007 of
$4,173,895,900: Provided further, That any payment of
arrearages under this title shall be directed toward activities
that are mutually agreed upon by the United States and the
respective international organization: Provided further, That
none of the funds appropriated in this paragraph shall be
available for a United States contribution to an international
organization for the United States share of interest costs made
known to the United States Government by such organization for
loans incurred on or after October 1, 1984, through external
borrowings.
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\3\ 22 U.S.C. 269a note.
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contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and security,
$1,700,500,000, of which 15 percent shall remain available
until September 30, 2009: Provided, That none of the funds made
available under this Act shall be obligated or expended for any
new or expanded United Nations peacekeeping mission unless, at
least 15 days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an
emergency as far in advance as is practicable): (1) the
Committees on Appropriations and other appropriate committees
of the Congress are notified of the estimated cost and length
of the mission, the national interest that will be served, and
the planned exit strategy; (2) the Committees on Appropriations
and other appropriate committees of the Congress are notified
that the United Nations has taken appropriate measures to
prevent United Nations employees, contractor personnel, and
peacekeeping forces serving in any United Nations peacekeeping
mission from trafficking in persons, exploiting victims of
trafficking, or committing acts of illegal sexual exploitation,
and to hold accountable individuals who engage in such acts
while participating in the peacekeeping mission, including the
prosecution in their home countries of such individuals in
connection with such acts; and (3) a reprogramming of funds
pursuant to section 615 of this Act is submitted, and the
procedures therein followed, setting forth the source of funds
that will be used to pay for the cost of the new or expanded
mission: Provided further, That funds shall be available for
peacekeeping expenses only upon a certification by the
Secretary of State to the Committees on Appropriations that
American manufacturers and suppliers are being given
opportunities to provide equipment, services, and material for
United Nations peacekeeping activities equal to those being
given to foreign manufacturers and suppliers: Provided further,
That of the amount provided by this paragraph, $468,000,000 is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
International Commissions
For \4\ necessary expenses, not otherwise provided for, to
meet obligations of the United States arising under treaties,
or specific Acts of Congress, as follows:
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\4\ 22 U.S.C. 269a note.
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international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as
follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$30,430,000.
construction
For detailed plan preparation and construction of
authorized projects, $88,425,000, to remain available until
expended, as authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
the Border Environment Cooperation Commission as authorized by
Public Law 103-182, $10,940,000: Provided, That of the amount
provided under this heading for the International Joint
Commission, $9,000 may be made available for representation
expenses 45 days after submission to the Committees on
Appropriations of a report detailing obligations, expenditures,
and associated activities for fiscal years 2005, 2006, and
2007, including any unobligated funds which expired at the end
of each fiscal year and the justification for why such funds
were not obligated.
Of the funds made available in the Science, State, Justice,
Commerce, and Related Agencies Appropriations Act, 2006, Public
Law 109-108, as continued by the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5), for the International Joint Commission
(119 Stat. 2323), $300,000 for the Lake Champlain Basin Program
shall remain available for the purposes intended until
September 30, 2009.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$26,527,000: Provided, That the United States share of such
expenses may be advanced to the respective commissions pursuant
to 31 U.S.C. 3324: Provided further, That funds appropriated
under this heading shall be available for programs in the
amounts contained in the table included in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act) accompanying this Act and
no proposal for deviation from those amounts shall be
considered.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by the
Asia Foundation Act (22 U.S.C. 4402), $15,500,000, to remain
available until expended, as authorized.
center for middle eastern-western dialogue trust fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, the total amount of the interest
and earnings accruing to such Fund on or before September 30,
2008, to remain available until expended.
eisenhower exchange fellowship program
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, 2008, 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.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452),
all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 2008, to remain
available until expended.
east-west center
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to the
Center for Cultural and Technical Interchange Between East and
West in the State of Hawaii, $19,500,000: Provided, That none
of the funds appropriated herein shall be used to pay any
salary, or enter into any contract providing for the payment
thereof, in excess of the rate authorized by 5 U.S.C. 5376.
RELATED AGENCIES
Broadcasting Board of Governors
international broadcasting operations
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international
communication activities, including the purchase, rent,
construction, and improvement of facilities for radio and
television transmission and reception and purchase, lease, and
installation of necessary equipment for radio and television
transmission and reception to Cuba, and to make and supervise
grants for radio and television broadcasting to the Middle
East, $676,727,000: Provided, That of the total amount in this
heading, not to exceed $16,000 may be used for official
receptions within the United States as authorized, not to
exceed $35,000 may be used for representation abroad as
authorized, and not to exceed $39,000 may be used for official
reception and representation expenses of Radio Free Europe/
Radio Liberty; and in addition, notwithstanding any other
provision of law, not to exceed $2,000,000 in receipts from
advertising and revenue from business ventures, not to exceed
$500,000 in receipts from cooperating international
organizations, and not to exceed $1,000,000 in receipts from
privatization efforts of the Voice of America and the
International Broadcasting Bureau, to remain available until
expended for carrying out authorized purposes: Provided
further, That of the amount provided by this paragraph,
$12,000,000 is designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
broadcasting capital improvements
For the purchase, rent, construction, and improvement of
facilities for radio and television transmission and reception,
and purchase and installation of necessary equipment for radio
and television transmission and reception as authorized,
$10,748,000, to remain available until expended, as authorized.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $499,000, as
authorized by section 1303 of Public Law 99-83.
Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (Public Law
105-292), $3,300,000, to remain available until September 30,
2009.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$2,370,000, to remain available until September 30, 2009.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized,
$2,000,000, including not more than $3,000 for the purpose of
official representation, to remain available until September
30, 2009.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic
and Security Review Commission, $4,000,000, including not more
than $4,000 for the purpose of official representation, to
remain available until September 30, 2009: Provided, That the
Commission shall submit a spending plan to the Committees on
Appropriations no later than March 1, 2008, which effectively
addresses the recommendations of the Government Accountability
Office's audit of the Commission (GAO-07-1128): Provided
further, That the Commission shall provide to the Committees on
Appropriations a quarterly accounting of the cumulative
balances of any unobligated funds that were received by the
Commission during any previous fiscal year: Provided further,
That for purposes of costs relating to printing and binding,
the Commission shall be deemed, effective on the date of its
establishment, to be a committee of Congress: Provided further,
That compensation for the executive director of the Commission
may not exceed the rate payable for level II of the Executive
Schedule under section 5314 of title 5, United States Code:
Provided further, That section 1238(c)(1) of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001,
is amended by striking ``June'' and inserting ``December'':
Provided further, That travel by members of the Commission and
its staff shall be arranged and conducted under the rules and
procedures applying to travel by members of the House of
Representatives and its staff.
United States Senate-China Interparliamentary Group
salaries and expenses
For necessary expenses of the United States Senate-China
Interparliamentary Group, as authorized under section 153 of
the Consolidated Appropriations Act, 2004 (22 U.S.C. 276n;
Public Law 108-99; 118 Stat. 448), $150,000, to remain
available until September 30, 2009.
United States Institute of Peace
operating expenses
For necessary expenses of the United States Institute of
Peace as authorized in the United States Institute of Peace
Act, $25,000,000, to remain available until September 30, 2009.
GENERAL PROVISIONS--THIS TITLE
allowances and differentials
Sec. 101. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for
allowances and differentials as authorized by subchapter 59 of
title 5, United States Code; for services as authorized by 5
U.S.C. 3109; and for hire of passenger transportation pursuant
to 31 U.S.C. 1343(b).
unobligated balances report
Sec. 102. The Department of State and the Broadcasting
Board of Governors shall provide to the Committees on
Appropriations a quarterly accounting of the cumulative
balances of any unobligated funds that were received by such
agency during any previous fiscal year.
embassy construction
Sec. 103. (a) Of funds provided under title I of this Act,
except as provided in subsection (b), a project to construct a
diplomatic facility of the United States may not include office
space or other accommodations for an employee of a Federal
agency or department if the Secretary of State determines that
such department or agency has not provided to the Department of
State the full amount of funding required by subsection (e) of
section 604 of the Secure Embassy Construction and
Counterterrorism Act of 1999 (as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G of
that Act; 113 Stat. 1501A-453), as amended by section 629 of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a
project to construct a diplomatic facility of the United States
may include office space or other accommodations for members of
the Marine Corps.
peacekeeping missions
Sec. 104. None of the funds made available under title I of
this Act may be used for any United Nations undertaking when it
is made known to the Federal official having authority to
obligate or expend such funds that: (1) the United Nations
undertaking is a peacekeeping mission; (2) such undertaking
will involve United States Armed Forces under the command or
operational control of a foreign national; and (3) the
President's military advisors have not submitted to the
President a recommendation that such involvement is in the
national security interests of the United States and the
President has not submitted to the Congress such a
recommendation.
denial of visas
Sec. 105. (a) None of the funds appropriated or otherwise
made available under title I of this Act shall be expended for
any purpose for which appropriations are prohibited by section
616 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1999.
(b) The requirements in subsections (b) and (c) of section
616 of that Act shall continue to apply during fiscal year
2008.
senior policy operating group
Sec. 106. (a) The Senior Policy Operating Group on
Trafficking in Persons, established under section 105(f) of the
Victims of Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7103(f)) to coordinate agency activities regarding
policies (including grants and grant policies) involving the
international trafficking in persons, shall coordinate all such
policies related to the activities of traffickers and victims
of severe forms of trafficking.
(b) None of the funds provided under title I of this or any
other Act making appropriations for Department of State and
Related Agencies shall be expended to perform functions that
duplicate coordinating responsibilities of the Operating Group.
(c) The Operating Group shall continue to report only to
the authorities that appointed them pursuant to section 105(f).
united states citizens born in jerusalem
Sec. 107. For the purposes of registration of birth,
certification of nationality, or issuance of a passport of a
United States citizen born in the city of Jerusalem, the
Secretary of State shall, upon request of the citizen, record
the place of birth as Israel.
consulting services
Sec. 108. The expenditure of any appropriation under title
I of this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
compliance with section 609
Sec. 109. (a) None of the funds appropriated or otherwise
made available under title I of this Act shall be expended for
any purpose for which appropriations are prohibited by section
609 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of
section 609 of that Act shall continue to apply during fiscal
year 2008.
state department authorities
Sec. 110. Funds appropriated under title I of this Act for
the Broadcasting Board of Governors and the Department of State
may be obligated and expended notwithstanding section 15 of the
State Department Basic Authorities Act of 1956, section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 414(a)(1)).
personnel actions
Sec. 111. Any costs incurred by a department or agency
funded under this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer
funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 615 of title VI of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
restrictions on united nations delegations
Sec. 112. None of the funds made available under title I of
this Act may be used to pay expenses for any United States
delegation to any specialized agency, body, or commission of
the United Nations if such commission is chaired or presided
over by a country, the government of which the Secretary of
State has determined, for purposes of section 6(j)(1) of the
Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)),
has provided support for acts of international terrorism.
peacekeeping assessment
Sec. 113. Section 404(b)(2)(B) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, (22 U.S.C. 287e
note) is amended at the end by adding the following: ``(v) For
assessments made during calendar year 2008, 27.1 percent.''.
alhurra broadcasting
Sec. 114. Funds appropriated for the programs and
activities of Alhurra in fiscal year 2008 may be made available
only if the Secretary of State certifies and reports to the
Committees on Appropriations that Alhurra does not advocate on
behalf of any organization that the Secretary knows, or has
reason to believe, engages in terrorist activities.
department of state inspector general
Sec. 115.\5\ (a) Link to Office of Inspector General From
Homepage of Department of State.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of State
shall establish and maintain on the homepage of the Internet
website of the Department of State a direct link to the
Internet website of the Office of Inspector General of the
Department of State.
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\5\ 5 U.S.C. app. 6 note.
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(b) Anonymous Reporting of Waste, Fraud, or Abuse.--Not
later than 30 days after the date of the enactment of this Act,
the Inspector General of the Department of State shall
establish and maintain on the homepage of the Internet website
of the Office of Inspector General a mechanism by which
individuals can anonymously report cases of waste, fraud, or
abuse with respect to the Department of State.
consular operations
Sec. 116. The Secretary of State shall establish limited
consular operations in Iraq within 180 days of enactment of
this Act in which designated categories of aliens may apply and
interview for admission to the United States.
international boundary and water commission
Sec. 117. Of the funds appropriated in this Act under the
heading ``International Boundary and Water Commission, United
States and Mexico, Construction'' (IBWC), up to $66,000,000 may
be expended for construction of secondary wastewater treatment
capability of at least 25 million gallons per day (mgd) from
the Tijuana River, subject to the following conditions: (1)
IBWC shall resume negotiations in accordance with section 804
of Public Law 106-457; (2) IBWC shall prepare design and
engineering plans to upgrade the South Bay International
Wastewater Treatment Plant to treat 25 mgd to secondary
treatment and update its conceptual designs for a scalable
project capable of treating up to 100 mgd to secondary at the
facility; and (3) none of the funds made available by this
section may be obligated for construction before the Government
Accountability Office completes a report on the proposed
projects.
commission financial management
Sec. 118. (a) Requirement for Performance Reviews.--The
United States-China Economic and Security Review Commission
shall comply with chapter 43 of title 5, United States Code,
regarding the establishment and regular review of employee
performance appraisals.
(b) Limitation on Cash Awards.--The United States-China
Economic and Security Review Commission shall comply with
section 4505a of title 5, United States Code, with respect to
limitations on payment of performance-based cash awards.
TITLE II
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $1,000,000, to remain available until
September 30, 2009.
program account
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by
section 104 of the Government Corporation Control Act, as may
be necessary in carrying out the program for the current fiscal
year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of
nuclear equipment, fuel, or technology to any country, other
than a nuclear-weapon state as defined in Article IX of the
Treaty on the Non-Proliferation of Nuclear Weapons eligible to
receive economic or military assistance under this Act, that
has detonated a nuclear explosive after the date of the
enactment of this Act: Provided further, That \6\
notwithstanding section 1(c) of Public Law 103-428, as amended,
sections 1(a) and (b) of Public Law 103-428 shall remain in
effect through October 1, 2008: Provided further, That not less
than 10 percent of the aggregate loan, guarantee, and insurance
authority available to the Export-Import Bank under this Act
should be used for renewable energy and environmentally
beneficial products and services.
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\6\ 12 U.S.C. 635 note.
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subsidy appropriation
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the Export-
Import Bank Act of 1945, as amended, $68,000,000, to remain
available until September 30, 2011: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall remain available until
September 30, 2026, for the disbursement of direct loans, loan
guarantees, insurance and tied-aid grants obligated in fiscal
years 2008, 2009, 2010, and 2011: Provided further, That none
of the funds appropriated by this Act or any prior Act
appropriating funds for foreign operations, export financing,
and related programs for tied-aid credits or grants may be used
for any other purpose except through the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export-Import
Bank Act of 1945, in connection with the purchase or lease of
any product by any Eastern European country, any Baltic State
or any agency or national thereof.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5 U.S.C.
3109, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors,
$78,000,000: Provided, That the Export-Import Bank may accept,
and use, payment or services provided by transaction
participants for legal, financial, or technical services in
connection with any transaction for which an application for a
loan, guarantee or insurance commitment has been made: Provided
further, That notwithstanding subsection (b) of section 117 of
the Export Enhancement Act of 1992, subsection (a) thereof
shall remain in effect until October 1, 2008.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act
of 1945, as amended, and the Federal Credit Reform Act of 1990,
as amended, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this
account: Provided, That the sums herein appropriated from the
General Fund shall be reduced on a dollar-for-dollar basis by
such offsetting collections so as to result in a final fiscal
year appropriation from the General Fund estimated at $0:
Provided further, That \7\ amounts collected in fiscal year
2008 in excess of obligations, up to $50,000,000, shall become
available October 1, 2008 and shall remain available until
September 30, 2011.
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\7\ 12 U.S.C. 635a note.
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overseas private investment corporation
noncredit account
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided
by 31 U.S.C. 9104, such expenditures and commitments within the
limits of funds available to it and in accordance with law as
may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance
programs (including an amount for official reception and
representation expenses which shall not exceed $35,000) shall
not exceed $47,500,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors
pursuant to section 234 of the Foreign Assistance Act of 1961,
shall not be considered administrative expenses for the
purposes of this heading.
program account
For the cost of direct and guaranteed loans, $23,500,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Noncredit Account: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall be available for direct
loan obligations and loan guaranty commitments incurred or made
during fiscal years 2008, 2009, and 2010: Provided further,
That funds so obligated in fiscal year 2008 remain available
for disbursement through 2016; funds obligated in fiscal year
2009 remain available for disbursement through 2017; funds
obligated in fiscal year 2010 remain available for disbursement
through 2018: Provided further, That notwithstanding any other
provision of law, the Overseas Private Investment Corporation
is authorized to undertake any program authorized by title IV
of the Foreign Assistance Act of 1961 in Iraq: Provided
further, That funds made available pursuant to the authority of
the previous proviso shall be subject to the regular
notification procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may be
derived from amounts available for administrative expenses to
carry out the credit and insurance programs in the Overseas
Private Investment Corporation Noncredit Account and merged
with said account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961, $50,400,000,
to remain available until September 30, 2009.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 2008,
unless otherwise specified herein, as follows:
global health and child survival
(including transfer of funds)
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $1,843,150,000, to
remain available until September 30, 2009, and which shall be
apportioned directly to the United States Agency for
International Development: Provided, That this amount shall be
made available for such activities as: (1) child survival and
maternal health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and
children, and related education programs; (4) assistance for
children displaced or orphaned by causes other than AIDS; (5)
programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases, and for assistance to communities severely
affected by HIV/AIDS, including children infected or affected
by AIDS; and (6) family planning/reproductive health: Provided
further, That none of the funds appropriated under this
paragraph may be made available for nonproject assistance,
except that funds may be made available for such assistance for
ongoing health activities: Provided further, That of the funds
appropriated under this paragraph, not to exceed $350,000, in
addition to funds otherwise available for such purposes, may be
used to monitor and provide oversight of child survival,
maternal and family planning/reproductive health, and
infectious disease programs: Provided further, That of the
funds appropriated under this paragraph the following amounts
should be allocated as follows: $450,150,000 for child survival
and maternal health; $15,000,000 for vulnerable children;
$350,000,000 for HIV/AIDS; $633,000,000 for other infectious
diseases, including $153,000,000 for tuberculosis control, of
which $15,000,000 shall be used for the Global TB Drug
Facility; and $395,000,000 for family planning/reproductive
health, including in areas where population growth threatens
biodiversity or endangered species: Provided further, That of
the funds appropriated under this paragraph, $72,500,000 should
be made available for a United States contribution to The GAVI
Fund, and up to $6,000,000 may be transferred to and merged
with funds appropriated by this Act under the heading
``Operating Expenses of the United States Agency for
International Development'' for costs directly related to
global health, but funds made available for such costs may not
be derived from amounts made available for contribution under
this and preceding provisos: Provided further, That of the
funds appropriated under this paragraph, $115,000,000 shall be
made available to combat avian influenza, of which $15,000,000
shall be made available, notwithstanding any other provision of
law except section 551 of Public Law 109-102, to enhance the
preparedness of militaries in Asia and Africa to respond to an
avian influenza pandemic, subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That none of the funds made available in this Act nor
any unobligated balances from prior appropriations may be made
available to any organization or program which, as determined
by the President of the United States, supports or participates
in the management of a program of coercive abortion or
involuntary sterilization: Provided further, That any
determination made under the previous proviso must be made no
later than six months after the date of enactment of this Act,
and must be accompanied by a comprehensive analysis as well as
the complete evidence and criteria utilized to make the
determination: Provided further, That none of the funds made
available under this Act may be used to pay for the performance
of abortion as a method of family planning or to motivate or
coerce any person to practice abortions: Provided further, That
nothing in this paragraph shall be construed to alter any
existing statutory prohibitions against abortion under section
104 of the Foreign Assistance Act of 1961: Provided further,
That none of the funds made available under this Act may be
used to lobby for or against abortion: Provided further, That
in order to reduce reliance on abortion in developing nations,
funds shall be available only to voluntary family planning
projects which offer, either directly or through referral to,
or information about access to, a broad range of family
planning methods and services, and that any such voluntary
family planning project shall meet the following requirements:
(1) service providers or referral agents in the project shall
not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family
planning (this provision shall not be construed to include the
use of quantitative estimates or indicators for budgeting and
planning purposes); (2) the project shall not include payment
of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical
target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall provide
family planning acceptors comprehensible information on the
health benefits and risks of the method chosen, including those
conditions that might render the use of the method inadvisable
and those adverse side effects known to be consequent to the
use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical
procedures are provided only in the context of a scientific
study in which participants are advised of potential risks and
benefits; and, not less than 60 days after the date on which
the Administrator of the United States Agency for International
Development determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations
a report containing a description of such violation and the
corrective action taken by the Agency: Provided further, That
in awarding grants for natural family planning under section
104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning;
and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or
appropriating funds for foreign operations, export financing,
and related programs, the term ``motivate'', as it relates to
family planning assistance, shall not be construed to prohibit
the provision, consistent with local law, of information or
counseling about all pregnancy options: Provided further, That
to the maximum extent feasible, taking into consideration cost,
timely availability, and best health practices, funds
appropriated in this Act or prior appropriations Acts that are
made available for condom procurement shall be made available
only for the procurement of condoms manufactured in the United
States: Provided further, That information provided about the
use of condoms as part of projects or activities that are
funded from amounts appropriated by this Act shall be medically
accurate and shall include the public health benefits and
failure rates of such use: Provided further, That of the amount
provided by this paragraph, $115,000,000 is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $4,700,000,000, to remain available until expended, and
which shall be apportioned directly to the Department of State:
Provided, That of the funds appropriated under this paragraph,
$550,000,000 shall be made available, notwithstanding any other
provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public
Law 108-25) for a United States contribution to the Global Fund
to Fight AIDS, Tuberculosis and Malaria, and shall be expended
at the minimum rate necessary to make timely payment for
projects and activities: Provided further, That up to 5 percent
of the aggregate amount of funds made available to the Global
Fund in fiscal year 2008 may be made available to the United
States Agency for International Development for technical
assistance related to the activities of the Global Fund:
Provided further, That of the funds appropriated under this
paragraph, up to $13,000,000 may be made available, in addition
to amounts otherwise available for such purposes, for
administrative expenses of the Office of the Global AIDS
Coordinator: Provided further, That funds made available under
this heading shall be made available notwithstanding the second
sentence of section 403(a) of Public Law 108-25.
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, and sections 251 through 255, and
chapter 10 of part I of the Foreign Assistance Act of 1961,
$1,636,881,000, to remain available until September 30, 2009:
Provided, That of the funds appropriated under this heading
that are made available for assistance programs for displaced
and orphaned children and victims of war, not to exceed
$43,000, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of such
programs: Provided further, That $400,000,000 should be
allocated for basic education: Provided further, That of the
funds appropriated by this Act, not less than $245,000,000
shall be made available for microenterprise and microfinance
development programs for the poor, especially women: Provided
further, That of the funds appropriated under this heading, not
less than $28,000,000 shall be made available for Collaborative
Research Support Programs: Provided further, That of the funds
appropriated under this heading, $750,000 shall be made
available to implement 7 U.S.C. section 1736g-2(a)(2)(C) to
improve food aid product quality and nutrient delivery:
Provided further, That of the funds appropriated under this
heading, not less than $22,500,000 shall be made available for
the American Schools and Hospitals Abroad program: Provided
further, That of the funds appropriated under this heading,
$12,000,000 should be made available for cooperative
development programs within the Office of Private and Voluntary
Cooperation: Provided further, That funds appropriated under
this heading should be made available for programs to address
sexual and gender-based violence: Provided further, That of the
funds appropriated in this Act, not less than $300,000,000
shall be made available for safe drinking water and sanitation
supply projects, including water management related to safe
drinking water and sanitation, only to implement the Senator
Paul Simon Water for the Poor Act of 2005 (Public Law 109-121),
of which not less than $125,000,000 should be made available
for such projects in Africa: Provided further, That of the
funds appropriated under this heading, not less than
$15,000,000 shall be made available for programs to improve
women's leadership capacity in recipient countries, and
$10,000,000 may be made available to support a fund that
enhances economic opportunities for very poor, poor, and low-
income women in developing countries.
international disaster assistance
For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $432,350,000, to remain available
until expended, of which $20,000,000 should be for famine
prevention and relief: Provided further, That of the amount
provided by this paragraph, $110,000,000 is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, $45,000,000,
to remain available until expended, to support transition to
democracy and to long-term development of countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a
report to the Committees on Appropriations at least 5 days
prior to beginning a new program of assistance: Provided
further, That if the President determines that it is important
to the national interests of the United States to provide
transition assistance in excess of the amount appropriated
under this heading, up to $15,000,000 of the funds appropriated
by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made
available subject to prior consultation with the Committees on
Appropriations.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development, as
authorized by sections 256 and 635 of the Foreign Assistance
Act of 1961, up to $21,000,000 may be derived by transfer from
funds appropriated by this Act to carry out part I of such Act
and under the heading ``Assistance for Eastern Europe and the
Baltic States'': Provided, That such funds shall be made
available only for micro and small enterprise programs, urban
programs, and other programs which further the purposes of part
I of the Act: Provided further, That such costs, including the
cost of modifying such direct and guaranteed loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974,
as amended: Provided further, That funds made available by this
paragraph may be used for the cost of modifying any such
guaranteed loans under this Act or prior Acts, and funds used
for such costs shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the provisions of section 107A(d) (relating to
general provisions applicable to the Development Credit
Authority) of the Foreign Assistance Act of 1961, as contained
in section 306 of H.R. 1486 as reported by the House Committee
on International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this
heading: Provided further, That these funds are available to
subsidize total loan principal, any portion of which is to be
guaranteed, of up to $700,000,000.
In addition, for administrative expenses to carry out
credit programs administered by the United States Agency for
International Development, $8,160,000, which may be transferred
to and merged with the appropriation for Operating Expenses of
the United States Agency for International Development:
Provided, That funds made available under this heading shall
remain available until September 30, 2010.
operating expenses of the united states agency for international
development
(including transfer of funds)
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$655,800,000, of which up to $25,000,000 may remain available
until September 30, 2009: Provided, That none of the funds
appropriated under this heading and under the heading ``Capital
Investment Fund'' may be made available to finance the
construction (including architect and engineering services),
purchase, or long-term lease of offices for use by the United
States Agency for International Development, unless the
Administrator has identified such proposed construction
(including architect and engineering services), purchase, or
long-term lease of offices in a report submitted to the
Committees on Appropriations at least 15 days prior to the
obligation of these funds for such purposes: Provided further,
That the previous proviso shall not apply where the total cost
of construction (including architect and engineering services),
purchase, or long-term lease of offices does not exceed
$1,000,000: Provided further, That contracts or agreements
entered into with funds appropriated under this heading may
entail commitments for the expenditure of such funds through
fiscal year 2009: Provided further, That any decision to open a
new overseas mission or office of the United States Agency for
International Development or, except where there is a
substantial security risk to mission personnel, to close or
significantly reduce the number of personnel of any such
mission or office, shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the authority of sections 610 and 109 of the
Foreign Assistance Act of 1961 may be exercised by the
Secretary of State to transfer funds appropriated to carry out
chapter 1 of part I of such Act to ``Operating Expenses of the
United States Agency for International Development'' in
accordance with the provisions of those sections: Provided
further, That of the amount provided by this paragraph,
$20,800,000 is designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
capital investment fund of the united states agency for international
development
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of 1961,
$88,000,000, to remain available until expended: Provided, That
this amount is in addition to funds otherwise available for
such purposes: Provided further, That funds appropriated under
this heading shall be available for obligation only pursuant to
the regular notification procedures of the Committees on
Appropriations.
operating expenses of the united states agency for international
development office of inspector general
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961, $38,000,000,
to remain available until September 30, 2009, which sum shall
be available for the Office of the Inspector General of the
United States Agency for International Development.
Other Bilateral Economic Assistance
economic support fund
(including transfer of funds)
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$2,994,823,000, to remain available until September 30, 2009:
Provided, That of the funds appropriated under this heading,
not less than $415,000,000 shall be available only for Egypt,
which sum shall be provided on a grant basis, and of which sum
cash transfer assistance shall be provided with the
understanding that Egypt will undertake significant economic
and democratic reforms which are additional to those which were
undertaken in previous fiscal years: Provided further, That
with respect to the provision of assistance for Egypt for
democracy, human rights and governance activities, the
organizations implementing such assistance and the specific
nature of that assistance shall not be subject to the prior
approval by the Government of Egypt: Provided further, That of
the funds appropriated under this heading for assistance for
Egypt, not less than $135,000,000 shall be made available for
project assistance, of which not less than $20,000,000 shall be
made available for democracy, human rights and governance
programs and not less than $50,000,000 shall be used for
education programs, of which not less than $10,000,000 should
be made available for scholarships for Egyptian students with
high financial need to attend United States accredited
institutions of higher education in Egypt: Provided further,
That $11,000,000 of the funds appropriated under this heading
should be made available for Cyprus to be used only for
scholarships, administrative support of the scholarship
program, bicommunal projects, and measures aimed at
reunification of the island and designed to reduce tensions and
promote peace and cooperation between the two communities on
Cyprus: Provided further, That of the funds appropriated under
this heading, not less than $363,547,000 shall be made
available only for assistance for Jordan: Provided further,
That of the funds appropriated under this heading that are made
available for assistance for Jordan, up to $40,000,000 may be
transferred to, and merged with, funds appropriated by this Act
under the heading ``Debt Restructuring'' for the costs, as
defined in section 502 of the Congressional Budget Act of 1974,
of reducing or cancelling amounts owed to the United States or
any agency of the United States by the Hashemite Kingdom of
Jordan: Provided further, That of the funds appropriated under
this heading not more than $218,500,000 may be made available
for assistance for the West Bank and Gaza, of which not to
exceed $2,000,000 may be used for administrative expenses of
the United States Agency for International Development, in
addition to funds otherwise available for such purposes, to
carry out programs in the West Bank and Gaza: Provided further,
That if the President exercises the waiver authority under
section 650 of this Act, of the funds made available under this
heading for assistance to the Palestinian Authority, not more
than $100,000,000 of the funds made available under this
heading for cash transfer assistance to the Palestinian
Authority may be obligated for such assistance until the
Secretary of State certifies and reports to the Committees on
Appropriations that the Palestinian Authority has established a
single treasury account for all Palestinian Authority financing
and all financing mechanisms flow through this account, has
eliminated all parallel financing mechanisms outside of the
Palestinian Authority treasury account, and has established a
single comprehensive civil service roster and payroll: Provided
further, That none of the funds appropriated under this heading
for cash transfer assistance to the Palestinian Authority may
be obligated for salaries of personnel of the Palestinian
Authority located in Gaza: Provided further, That none of the
funds appropriated under this heading for cash transfer
assistance to the Palestinian Authority may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas or any power-sharing government with Hamas
unless Hamas has accepted the principles contained in section
620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, as
amended: Provided further, That the Secretary of State shall
ensure that Federal or non-Federal audits of all funds
appropriated under this heading for cash transfer assistance to
the Palestinian Authority are conducted on at least an annual
basis to ensure compliance with this Act, and such audit shall
include a detailed accounting of all programs, projects, and
activities carried out using such funds, including both
obligations and expenditures, and that the audit is compliant
with generally accepted accounting standards: Provided further,
That funds made available under this heading for cash transfer
assistance to the Palestinian Authority shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That $45,000,000 of the funds
appropriated under this heading shall be made available for
assistance for Lebanon, of which not less than $10,000,000
should be made available for scholarships and direct support of
American educational institutions in Lebanon: Provided further,
That not more than $300,000,000 of the funds made available for
assistance for Afghanistan under this heading may be obligated
for such assistance until the Secretary of State certifies to
the Committees on Appropriations that the Government of
Afghanistan at both the national and provincial level is
cooperating fully with United States funded poppy eradication
and interdiction efforts in Afghanistan: Provided further, That
the President may waive the previous proviso if he determines
and reports to the Committees on Appropriations that to do so
is vital to the national security interests of the United
States: Provided further, That such report shall include an
analysis of the steps being taken by the Government of
Afghanistan, at the national and provincial level, to cooperate
fully with United States funded poppy eradication and
interdiction efforts in Afghanistan: Provided further, That of
the funds appropriated under this heading, $196,000,000 shall
be apportioned directly to the United States Agency for
International Development (USAID) for alternative development/
institution building and sustainable development programs in
Colombia and may be transferred to, and merged with, funds
appropriated under the heading ``Development Assistance'' to
continue programs administered by USAID: Provided further, That
with respect to funds apportioned to USAID for programs in
Colombia under this heading, the responsibility for policy
decisions for the use of such funds, including which 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 USAID 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 that are available for
assistance for the Democratic Republic of Timor-Leste, up to
$1,000,000 may be available for administrative expenses of the
United States Agency for International Development in addition
to amounts otherwise made available for such purposes: Provided
further, That notwithstanding any other provision of law, funds
appropriated under this heading may be made available for
programs and activities for the Central Highlands of Vietnam:
Provided further, That notwithstanding any other provision of
law, of the funds appropriated under this heading, up to
$53,000,000 may be made available for energy-related assistance
for North Korea, subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That
funds appropriated under this heading that are made available
for a Middle East Financing Facility, Middle East Enterprise
Fund, or any other similar entity in the Middle East shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the
amount provided by this paragraph, $542,568,000 is designated
as described in section 5 (in the matter preceding division A
of this consolidated Act).
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,
$15,000,000, which shall be available for the United States
contribution to the International Fund for Ireland and shall be
made available in accordance with the provisions of the Anglo-
Irish Agreement Support Act of 1986 (Public Law 99-415):
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, 2009.
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, $295,950,000, to remain
available until September 30, 2009, which shall be available,
notwithstanding any other provision of law, for assistance and
for related programs for Eastern Europe and the Baltic States.
(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 628 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 628 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.
assistance for the independent states of the former soviet union
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, $399,735,000, to remain available until September 30,
2009: 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 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.
Independent Agencies
inter-american foundation
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions of
section 401 of the Foreign Assistance Act of 1969, $21,000,000,
to remain available until September 30, 2009.
african development foundation
For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of 1980,
Public Law 96-533, $30,000,000, to remain available until
September 30, 2009: Provided, That funds made available to
grantees may be invested pending expenditure for project
purposes when authorized by the Board of Directors of the
Foundation: Provided further, That interest earned shall be
used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the
African Development Foundation Act, (1) in exceptional
circumstances the Board of Directors of the Foundation may
waive the $250,000 limitation contained in that section with
respect to a project and (2) a project may exceed the
limitation by up to $10,000 if the increase is due solely to
foreign currency fluctuation: Provided further, That the
Foundation shall provide a report to the Committees on
Appropriations after each time such waiver authority is
exercised.
peace corps
(including transfer of funds)
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, $333,500,000, to
remain available until September 30, 2009: 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.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003, $1,557,000,000, to remain
available until expended: Provided, That of the funds
appropriated under this heading, up to $88,000,000 may be
available for administrative expenses of the Millennium
Challenge Corporation: Provided further, That up to 10 percent
of the funds appropriated under this heading may be made
available to carry out the purposes of section 616 of the
Millennium Challenge Act of 2003 for candidate countries for
fiscal year 2008: Provided further, That none of the funds
available to carry out section 616 of such Act may be made
available until the Chief Executive Officer of the Millennium
Challenge Corporation provides a report to the Committees on
Appropriations listing the candidate countries that will be
receiving assistance under section 616 of such Act, the level
of assistance proposed for each such country, a description of
the proposed programs, projects and activities, and the
implementing agency or agencies of the United States
Government: Provided further, That section 605(e)(4) of the
Millennium Challenge Act of 2003 shall apply to funds
appropriated under this heading: Provided further, That funds
appropriated under this heading may be made available for a
Millennium Challenge Compact entered into pursuant to section
609 of the Millennium Challenge Act of 2003 only if such
Compact obligates, or contains a commitment to obligate subject
to the availability of funds and the mutual agreement of the
parties to the Compact to proceed, the entire amount of the
United States Government funding anticipated for the duration
of the Compact.
Department of State
democracy fund
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the promotion of
democracy globally, $164,000,000, of which the following
amounts shall be made available, subject to the regular
notification procedures of the Committees on Appropriations,
until September 30, 2010--
(1) $64,000,000 for the Human Rights and Democracy
Fund of the Bureau of Democracy, Human Rights and
Labor, Department of State, of which $15,000,000 shall
be for democracy and rule of law programs in the
People's Republic of China, Hong Kong, and Taiwan:
Provided, That assistance for Taiwan should be matched
from sources other than the United States Government:
Provided further, That $5,000,000 shall be made
available for programs and activities for the promotion
of democracy in countries located outside the Middle
East region with a significant Muslim population, and
where such programs and activities would be important
to United States efforts to respond to, deter, or
prevent acts of international terrorism: Provided
further, That funds used for such purposes should
support new initiatives and activities in those
countries: Provided further, That $15,000,000 shall be
made available for an internet freedom initiative to
expand access and information in closed societies,
including in the Middle East and Asia: Provided
further, That the Department of State shall consult
with the Committees on Appropriations prior to the
initial obligation of funds made available pursuant to
the previous proviso; and
(2) $100,000,000 for the National Endowment for
Democracy: Provided, That of the funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Eastern
Europe and the Baltic States'', and ``Assistance for
the Independent States of the Former Soviet Union'', an
additional $11,000,000 should be made available to
support the ongoing programs and activities of the
National Endowment for Democracy.
(b) Funds appropriated by this Act that are made available
for the promotion of democracy may be made available
notwithstanding any other provision of law and, with regard to
the National Endowment for Democracy, any regulation. Funds
appropriated under this heading are in addition to funds
otherwise available for such purposes.
(c) For the purposes of funds appropriated by this Act, the
term ``promotion of democracy'' means programs that support
good governance, human rights, independent media, and the rule
of law, and otherwise strengthen the capacity of democratic
political parties, governments, nongovernmental organizations
and institutions, and citizens to support the development of
democratic states, institutions, and practices that are
responsive and accountable to citizens.
(d) Any contract, grant or cooperative agreement (or any
amendment to any contract, grant, or cooperative agreement) in
excess of $2,500,000 for the promotion of democracy under this
Act shall be subject to the regular notification procedures of
the Committees on Appropriations.
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $558,449,000, to remain
available until September 30, 2010: Provided, That during
fiscal year 2008, the Department of State may also use the
authority of section 608 of the Foreign Assistance Act of 1961,
without regard to its restrictions, to receive excess property
from an agency of the United States Government for the purpose
of providing it to a foreign country under chapter 8 of part I
of that Act subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That the
Secretary of State shall provide to the Committees on
Appropriations not later than 45 days after the date of the
enactment of this Act and prior to the initial obligation of
funds appropriated under this heading, a report on the proposed
uses of all funds under this heading on a country-by-country
basis for each proposed program, project, or activity: Provided
further, That none of the funds provided under this heading for
counter narcotics activities in Afghanistan shall be made
available for eradication programs through the aerial spraying
of herbicides: Provided further, That of the funds appropriated
under this heading, not less than $39,750,000 shall be made
available for judicial, human rights, rule of law and related
activities for Colombia, of which not less than $20,000,000
shall be made available for the Office of the Attorney General,
of which $5,000,000 shall be for the Human Rights Unit,
$5,000,000 shall be for the Justice and Peace Unit, $7,000,000
shall be used to support a witness protection program for
victims of armed groups, and $3,000,000 shall be for
investigations of mass graves and identification of remains:
Provided further, That of the funds appropriated under this
heading that are available for assistance for Colombia,
$8,000,000 shall be available for human rights activities,
$5,500,000 shall be available for judicial reform, $3,000,000
shall be for the Office of the Procuraduria General de la
Nacion, $2,000,000 shall be for the Office of the Defensoria
del Pueblo, and $750,000 should be made available for a United
States contribution to the Office of the United Nations High
Commissioner for Human Rights in Colombia to support monitoring
and public reporting of human rights conditions in the field:
Provided further, That of the funds appropriated under this
heading, not more than $38,000,000 may be available for
administrative expenses.
andean counterdrug programs
(including transfer of funds)
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, $327,460,000,
to remain available until September 30, 2010: Provided, 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 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 funds made available to
the Department of State for assistance to the Government of
Colombia in this Act may be used to support a unified campaign
against narcotics trafficking and organizations designated as
Foreign Terrorist Organizations, 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 organizations, illegal self-defense
groups, illegal security cooperatives, or other criminal,
guerrilla or successor armed groups or organizations: Provided
further, That the President shall ensure that if any helicopter
procured with funds in this Act or prior Acts making
appropriations for foreign operations, export financing, and
related programs, is used to aid or abet the operations of any
illegal self-defense group, paramilitary organization, illegal
security cooperative or successor organizations in Colombia,
such helicopter shall be immediately returned to the United
States: 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 rotary and fixed wing aircraft
supported with funds appropriated under this heading for
assistance for Colombia may be used for aerial or manual drug
eradication and interdiction including to transport personnel
and supplies and to provide security for such operations, and
to provide transport in support of alternative development
programs and investigations of cases under the jurisdiction of
the Attorney General, the Procuraduria General de la Nacion,
and the Defensoria del Pueblo: Provided further, That of the
funds appropriated under this heading that are available for
Colombia, up to $2,500,000 shall be transferred to, and merged
with, funds appropriated under the heading ``Foreign Military
Financing Program'' and shall be made available only for
assistance for the Colombian Armed Forces to provide security
for manual eradication programs and up to $2,500,000 shall be
transferred to, and merged with, funds appropriated under the
heading ``International Narcotics Control and Law Enforcement''
and shall be made available only for assistance for the
Colombian National Police to provide security for manual
eradication programs: Provided further, That of the funds
available for the Colombian national police for the procurement
of chemicals for aerial coca and poppy eradication programs,
not more than 20 percent of such funds may be made available
for such eradication 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 aerial eradication are thoroughly evaluated and
fair compensation is being paid in a timely manner for
meritorious claims: Provided further, That the Secretary shall
submit a report to the Committees on Appropriations detailing
all claims, evaluations, and compensation paid during the
twelve month period prior to the date of enactment of this Act:
Provided further, That such funds may not be made available for
such purposes unless programs are being implemented by United
States Agency for International Development, the Government of
Colombia, or other organizations, in consultation and
coordination with local communities, to provide alternative
sources of income in areas where security permits for small-
acreage growers and communities whose illicit crops are
targeted for aerial eradication: Provided further, That none of
the funds appropriated by this Act shall be made available for
the cultivation or processing of African oil palm, if doing so
would contribute to significant loss of native species, disrupt
or contaminate natural water sources, reduce local food
security, or cause the forced displacement of local people:
Provided further, That funds appropriated by this Act may be
used for aerial eradication in Colombia's national parks or
reserves only if the Secretary of State certifies to the
Committees on Appropriations on a case-by-case basis that there
are no effective alternatives and the eradication is conducted
in accordance with Colombian laws: Provided further, That funds
appropriated under this heading that are made available for
assistance for the Bolivian military and police may be made
available for such purposes only if the Secretary of State
certifies to the Committees on Appropriations that the Bolivian
military and police are respecting human rights and cooperating
fully with investigations and prosecutions by civilian judicial
authorities of military and police personnel who have been
implicated in gross violations of human rights: \8\ Provided
further, That of the funds appropriated under this heading, not
more than $17,000,000 may be available for administrative
expenses of the Department of State, and not more than
$7,800,000 may be available, in addition to amounts otherwise
available for such purposes, for administrative expenses of the
United States Agency for International Development.
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\8\ The Deputy Secretary of State made such a determination
relating to Bolivia on November 26, 2008 (Department of State Public
Notice 6446; 73 F.R. 74557).
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migration and refugee assistance
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by law,
a contribution to the International Committee of the Red Cross,
assistance to refugees, including contributions to the
International Organization for Migration and the United Nations
High Commissioner for Refugees, and other activities to meet
refugee and migration needs; salaries and expenses of personnel
and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of
title 5, United States Code; purchase and hire of passenger
motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $1,029,900,000, to remain
available until expended: Provided, That not more than
$23,000,000 may be available for administrative expenses:
Provided further, That not less than $40,000,000 of the funds
made available under this heading shall be made available for
refugees resettling in Israel: Provided further, That funds
made available under this heading shall be made available for
assistance for refugees from North Korea: Provided further,
That of the amount provided by this paragraph, $200,000,000 is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)), $45,000,000, to remain
available until expended.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$487,000,000, to carry out the provisions of chapter 8 of part
II of the Foreign Assistance Act of 1961 for anti-terrorism
assistance, chapter 9 of part II of the Foreign Assistance Act
of 1961, section 504 of the FREEDOM Support Act, section 23 of
the Arms Export Control Act or the Foreign Assistance Act of
1961 for demining activities, the clearance of unexploded
ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United
States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission: Provided, That of this amount
not to exceed $34,000,000, to remain available until expended,
may be made available for the Nonproliferation and Disarmament
Fund, notwithstanding any other provision of law, to promote
bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such
funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of
the United States to do so: Provided further, That of the funds
appropriated under this heading, not less than $26,000,000
shall be made available for the Biosecurity Engagement Program:
Provided further, That funds appropriated under this heading
may be made available for the International Atomic Energy
Agency only if the Secretary of State determines (and so
reports to the Congress) that Israel is not being denied its
right to participate in the activities of that Agency: Provided
further, That of the funds made available for demining and
related activities, not to exceed $700,000, in addition to
funds otherwise available for such purposes, may be used for
administrative expenses related to the operation and management
of the demining program: Provided further, That funds
appropriated under this heading that are available for ``Anti-
terrorism Assistance'' and ``Export Control and Border
Security'' shall remain available until September 30, 2009.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961, $20,400,000,
to remain available until September 30, 2010, which shall be
available notwithstanding any other provision of law.
debt restructuring
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for programs
within the International Affairs Budget Function 150, including
the cost of selling, reducing, or canceling amounts owed to the
United States as a result of concessional loans made to
eligible countries, pursuant to parts IV and V of the Foreign
Assistance Act of 1961, of modifying concessional credit
agreements with least developed countries, as authorized under
section 411 of the Agricultural Trade Development and
Assistance Act of 1954, as amended, of concessional loans,
guarantees and credit agreements, as authorized under section
572 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees made
pursuant to the Export-Import Bank Act of 1945, by countries
that are eligible for debt reduction pursuant to title V of
H.R. 3425 as enacted into law by section 1000(a)(5) of Public
Law 106-113, $30,300,000, to remain available until September
30, 2010: Provided, That not less than $20,000,000 of the funds
appropriated under this heading shall be made available to
carry out the provisions of part V of the Foreign Assistance
Act of 1961: Provided further, That amounts paid to the HIPC
Trust Fund may be used only to fund debt reduction under the
enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic
Integration:
Provided further, That funds may not be paid to the HIPC Trust
Fund for the benefit of any country if the Secretary of State
has credible evidence that the government of such country is
engaged in a consistent pattern of gross violations of
internationally recognized human rights or in military or civil
conflict that undermines its ability to develop and implement
measures to alleviate poverty and to devote adequate human and
financial resources to that end: Provided further, That on the
basis of final appropriations, the Secretary of the Treasury
shall consult with the Committees on Appropriations concerning
which countries and international financial institutions are
expected to benefit from a United States contribution to the
HIPC Trust Fund during the fiscal year: Provided further, That
the Secretary of the Treasury shall inform the Committees on
Appropriations not less than 15 days in advance of the
signature of an agreement by the United States to make payments
to the HIPC Trust Fund of amounts for such countries and
institutions: Provided further, That the Secretary of the
Treasury may disburse funds designated for debt reduction
through the HIPC Trust Fund only for the benefit of countries
that--
(1) have committed, for a period of 24 months, not to
accept new market-rate loans from the international
financial institution receiving debt repayment as a
result of such disbursement, other than loans made by
such institutions to export-oriented commercial
projects that generate foreign exchange which are
generally referred to as ``enclave'' loans; and
(2) have documented and demonstrated their commitment
to redirect their budgetary resources from
international debt repayments to programs to alleviate
poverty and promote economic growth that are additional
to or expand upon those previously available for such
purposes:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and
Assistance Act of 1954 shall not apply to funds appropriated
under this heading: Provided further, That none of the funds
made available under this heading in this or any other
appropriations Act shall be made available for Sudan or Burma
unless the Secretary of the Treasury determines and notifies
the Committees on Appropriations that a democratically elected
government has taken office.
TITLE IV
MILITARY ASSISTANCE
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961, $85,877,000,
of which up to $3,000,000 may remain available until expended:
Provided, That funds appropriated under this heading shall not
be available for Equatorial Guinea: Provided further, That the
civilian personnel for whom military education and training may
be provided under this heading may include civilians who are
not members of a government whose participation would
contribute to improved civil-military relations, civilian
control of the military, or respect for human rights: Provided
further, That funds appropriated under this heading that are
made available for assistance for Angola, Cameroon, Central
African Republic, Chad, Cote d'Ivoire, Guinea, Libya, and Nepal
may be made available only for expanded international military
education and training: Provided further, That funds made
available under this heading in the second proviso and for
assistance for Haiti, Guatemala, the Democratic Republic of the
Congo, Sri Lanka, Ethiopia, Bangladesh, Libya, Angola, and
Nigeria may only be provided through the regular notification
procedures of the Committees on Appropriations and any such
notification shall include a detailed description of proposed
activities.
foreign military financing program
(including transfer of funds)
For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $4,588,325,000: Provided, That of the funds
appropriated under this heading, not less than $2,400,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be made available for grants only for
Egypt: Provided further, That the funds appropriated by this
paragraph for Israel shall be disbursed within 30 days of the
enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for
such purposes, grants made available for Israel by this
paragraph shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less than
$631,200,000 shall be available for the procurement in Israel
of defense articles and defense services, including research
and development: Provided further, That of the funds
appropriated by this paragraph, $300,000,000 shall be made
available for assistance for Jordan: Provided further, That of
the funds appropriated under this heading, not more than
$53,000,000 shall be available for Colombia, of which
$5,000,000 should be made available for medical and
rehabilitation assistance, removal of landmines, and to enhance
communications capabilities: Provided further, That of the
funds appropriated under this heading, $3,655,000 may be made
available for assistance for Morocco, and an additional
$1,000,000 may be made available if the Secretary of State
certifies to the Committees on Appropriations that the
Government of Morocco is continuing to make progress on human
rights, and is allowing all persons to advocate freely their
views regarding the status and future of the Western Sahara
through the exercise of their rights to peaceful expression,
association and assembly and to document violations of human
rights in that territory without harassment: Provided further,
That funds appropriated or otherwise made available by this
paragraph shall be nonrepayable notwithstanding any requirement
in section 23 of the Arms Export Control Act: Provided further,
That funds made available under this paragraph shall be
obligated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a):
Provided further, That $4,000,000 of the funds appropriated
under this heading shall be transferred to and merged with
funds appropriated under the heading ``Diplomatic and Consular
Programs'' to be made available to the Bureau of Democracy,
Human Rights and Labor, Department of State, to ensure adequate
monitoring of the uses of assistance made available under this
heading in countries where such monitoring is most needed, in
addition to amounts otherwise available for such purposes.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that are
not sold by the United States Government under the Arms Export
Control Act unless the foreign country proposing to make such
procurements has first signed an agreement with the United
States Government specifying the conditions under which such
procurements may be financed with such funds: Provided, That
all country and funding level increases in allocations shall be
submitted through the regular notification procedures of
section 615 of this Act: Provided further, That none of the
funds appropriated under this heading shall be available for
assistance for Sudan: Provided further, That none of the funds
appropriated under this heading may be made available for
assistance for Haiti, Guatemala, Nepal, Sri Lanka, Pakistan,
Bangladesh, Philippines, Indonesia, Bosnia and Herzegovina,
Ethiopia, and Democratic Republic of the Congo except pursuant
to the regular notification procedures of the Committees on
Appropriations: Provided further, That funds made available
under this heading may be used, notwithstanding any other
provision of law, for demining, the clearance of unexploded
ordnance, and related activities, and may include activities
implemented through nongovernmental and international
organizations: Provided further, That only those countries for
which assistance was justified for the ``Foreign Military Sales
Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize funds
made available under this heading for procurement of defense
articles, defense services or design and construction services
that are not sold by the United States Government under the
Arms Export Control Act: Provided further, That funds
appropriated under this heading shall be expended at the
minimum rate necessary to make timely payment for defense
articles and services: Provided further, That not more than
$41,900,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside
of the United States, for the general costs of administering
military assistance and sales: Provided further, That not more
than $395,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal
year 2008 pursuant to section 43(b) of the Arms Export Control
Act, except that this limitation may be exceeded only through
the regular notification procedures of the Committees on
Appropriations: Provided further, That foreign military
financing program funds estimated to be outlayed for Egypt
during fiscal year 2008 shall be transferred to an interest
bearing account for Egypt in the Federal Reserve Bank of New
York within 30 days of enactment of this Act: Provided further,
That of the amount provided by this paragraph, $100,000,000 is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$263,230,000: Provided, That of the funds made available under
this heading, not less than $25,000,000 shall be made available
for a United States contribution to the Multinational Force and
Observers mission in the Sinai: Provided further, That none of
the funds appropriated under this heading shall be obligated or
expended except as provided through the regular notification
procedures of the Committees on Appropriations: Provided
further, That of the amount provided by this paragraph,
$35,000,000 is designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
TITLE V
MULTILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international financial institutions
global environment facility
For the United States contribution for the Global
Environment Facility, $81,763,000 to the International Bank for
Reconstruction and Development as trustee for the Global
Environment Facility, by the Secretary of the Treasury, to
remain available until expended.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $950,000,000, to remain
available until expended.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the fund, $25,000,000, to remain
available until expended.
contribution to the asian development fund
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian Development
Fund, as authorized by the Asian Development Bank Act, as
amended, $75,153,000, to remain available until expended.
contribution to the african development bank
For payment to the African Development Bank by the
Secretary of the Treasury, $2,037,000, for the United States
paid-in share of the increase in capital stock, to remain
available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $31,918,770.
contribution to the african development fund
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $135,684,000, to remain available until
expended.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $10,159 for the
United States share of the paid-in portion of the increase in
capital stock, to remain available until expended.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund
for Agricultural Development, $18,072,000, to remain available
until expended.
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $319,485,000.
TITLE VI
GENERAL PROVISIONS
compensation for united states executive directors to international
financial institutions
Sec. 601. (a) No funds appropriated in titles II through V
of this Act may be made as payment to any international
financial institution while the United States Executive
Director to such institution is compensated by the institution
at a rate which, together with whatever compensation such
Director receives from the United States, is in excess of the
rate provided for an individual occupying a position at level
IV of the Executive Schedule under section 5315 of title 5,
United States Code, or while any alternate United States
Director to such institution is compensated by the institution
at a rate in excess of the rate provided for an individual
occupying a position at level V of the Executive Schedule under
section 5316 of title 5, United States Code.
(b) For purposes of this section ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the Asian
Development Bank, the Asian Development Fund, the African
Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and Development.
restriction on contributions to the united nations
Sec. 602. None of the funds appropriated or otherwise made
available under any title of this Act may be made available to
make any assessed contribution or voluntary payment of the
United States to the United Nations if the United Nations
implements or imposes any taxation on any United States
persons.
limitation on residence expenses
Sec. 603. Of the funds appropriated or made available
pursuant to title III of this Act, not to exceed $100,500 shall
be for official residence expenses of the United States Agency
for International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
unobligated balances report
Sec. 604. Any Department or Agency to which funds are
appropriated or otherwise made available by this Act shall
provide to the Committees on Appropriations a quarterly
accounting of cumulative balances by program, project, and
activity of the funds received by such Department or Agency in
this fiscal year or any previous fiscal year that remain
unobligated and unexpended.
limitation on representational allowances
Sec. 605. Of the funds appropriated or made available
pursuant to titles II through V of this Act, not to exceed
$250,000 shall be available for representation and
entertainment allowances, of which not to exceed $4,000 shall
be available for entertainment allowances, for the United
States Agency for International Development during the current
fiscal year: Provided, That no such entertainment funds may be
used for the purposes listed in section 648 of this Act:
Provided further, That appropriate steps shall be taken to
assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars:
Provided further, That of the funds made available by this Act
for general costs of administering military assistance and
sales under the heading ``Foreign Military Financing Program'',
not to exceed $4,000 shall be available for entertainment
expenses and not to exceed $130,000 shall be available for
representation allowances: Provided further, That of the funds
made available by this Act under the heading ``International
Military Education and Training'', not to exceed $55,000 shall
be available for entertainment allowances: Provided further,
That of the funds made available by this Act for the Inter-
American Foundation, not to exceed $3,000 shall be available
for entertainment and representation allowances: Provided
further, That of the funds made available by this Act for the
Peace Corps, not to exceed a total of $4,000 shall be available
for entertainment expenses: Provided further, That of the funds
made available by this Act under the heading ``Trade and
Development Agency'', not to exceed $4,000 shall be available
for representation and entertainment allowances: Provided
further, That of the funds made available by this Act under the
heading ``Millennium Challenge Corporation'', not to exceed
$115,000 shall be available for representation and
entertainment allowances.
prohibition on taxation of united states assistance
Sec. 606. (a) Prohibition on Taxation.--None of the funds
appropriated under titles II through V of this Act may be made
available to provide assistance for a foreign country under a
new bilateral agreement governing the terms and conditions
under which such assistance is to be provided unless such
agreement includes a provision stating that assistance provided
by the United States shall be exempt from taxation, or
reimbursed, by the foreign government, and the Secretary of
State shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with
this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent
to 200 percent of the total taxes assessed during fiscal year
2008 on funds appropriated by this Act by a foreign government
or entity against commodities financed under United States
assistance programs for which funds are appropriated by this
Act, either directly or through grantees, contractors and
subcontractors shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2009 and allocated
for the central government of such country and for the West
Bank and Gaza Program to the extent that the Secretary of State
certifies and reports in writing to the Committees on
Appropriations that such taxes have not been reimbursed to the
Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each country or entity pursuant to subsection (b) shall be
reprogrammed for assistance to countries which do not assess
taxes on United States assistance or which have an effective
arrangement that is providing substantial reimbursement of such
taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply to
any country or entity the Secretary of State
determines--
(A) does not assess taxes on United States
assistance or which has an effective
arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the
United States outweigh the policy of this
section to ensure that United States assistance
is not subject to taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard
to any country or entity.
(f) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to
value added taxes and customs duties imposed on
commodities financed with United States assistance for
programs for which funds are appropriated by this Act;
and
(2) the term ``bilateral agreement'' refers to a
framework bilateral agreement between the Government of
the United States and the government of the country
receiving assistance that describes the privileges and
immunities applicable to United States foreign
assistance for such country generally, or an individual
agreement between the Government of the United States
and such government that describes, among other things,
the treatment for tax purposes that will be accorded
the United States assistance provided under that
agreement.
prohibition against direct funding for certain countries
Sec. 607. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
North Korea, Iran, or Syria: Provided, That for purposes of
this section, the prohibition on obligations or expenditures
shall include direct loans, credits, insurance and guarantees
of the Export-Import Bank or its agents.
military coups
Sec. 608.\9\ None of the funds appropriated or otherwise
made available pursuant to titles II through V of this Act
shall be obligated or expended to finance directly any
assistance to the government of any country whose duly elected
head of government is deposed by military coup or decree:
Provided, That assistance may be resumed to such government if
the President determines and certifies to the Committees on
Appropriations that subsequent to the termination of assistance
a democratically elected government has taken office: Provided
further, That the provisions of this section shall not apply to
assistance to promote democratic elections or public
participation in democratic processes: Provided further, That
funds made available pursuant to the previous provisos shall be
subject to the regular notification procedures of the
Committees on Appropriations.
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\9\ Sec. 1(b) of Public Law 107-57, as amended, authorized the
President to waive the application of this section with respect to
Pakistan. On March 24, 2008, the President determined that waiving sec.
608 as it relates to Pakistan ``(a) would facilitate the transition to
democratic rule in Pakistan; and (b) is important to U.S. efforts to
respond to, deter, or prevent acts of international terrorism.
Accordingly, I hereby waive, with respect to Pakistan, section 608 of
such Act.'' (Presidential Determination No. 2008-16; 73 F.R. 18147).
On March 28, 2008, the Secretary of State made a similar
determination, stating: ``I hereby determine and certify that
subsequent to the termination of assistance to the Government of
Pakistan after a military coup on October 12, 1999, a democratically
elected government has taken office in Pakistan as of March 25, 2008,
permitting immediate resumption of assistance.'' (Department of State
Public Notice 6169; 73 F.R. 19276).
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transfer authority
Sec. 609. (a) Department of State and Broadcasting Board of
Governors.--Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State under title I of this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That not to exceed 5
percent of any appropriation made available for the current
fiscal year for the Broadcasting Board of Governors under title
I of this Act may be transferred between such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers: Provided further, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under
section 615 (a) and (b) of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Export Financing Transfer Authorities.--Not to exceed 5
percent of any appropriation other than for administrative
expenses made available for fiscal year 2008, for programs
under title II of this Act may be transferred between such
appropriations for use for any of the purposes, programs, and
activities for which the funds in such receiving account may be
used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of
such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c)(1) Limitation on Transfers Between Agencies.--None of
the funds made available under titles II through V of this Act
may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority provided
in, this Act or any other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(d) Transfers Between Accounts.--None of the funds made
available under titles II through V of this Act may be
obligated under an appropriation account to which they were not
appropriated, except for transfers specifically provided for in
this Act, unless the President provides notification in
accordance with the regular notification procedures of the
Committees on Appropriations.
(e) Audit of Inter-Agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the United States Agency for
International Development and another agency of the United
States Government under the authority of section 632(a) of the
Foreign Assistance Act of 1961 or any comparable provision of
law, shall expressly provide that the Office of the Inspector
General for the agency receiving the transfer or allocation of
such funds shall perform periodic program and financial audits
of the use of such funds: Provided, That funds transferred
under such authority may be made available for the cost of such
audits.
commercial leasing of defense articles
Sec. 610. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a) of
the Arms Export Control Act may be used to provide financing to
Israel, Egypt and NATO and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
availability of funds
Sec. 611. No part of any appropriation contained in this
Act shall remain available for obligation after the expiration
of the current fiscal year unless expressly so provided in this
Act: Provided, That funds appropriated for the purposes of
chapters 1, 8, 11, and 12 of part I, section 661, section 667,
chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assistance
Act of 1961, section 23 of the Arms Export Control Act, and
funds provided under the headings ``Assistance for Eastern
Europe and the Baltic States'' and ``Development Credit
Authority'', shall remain available for an additional 4 years
from the date on which the availability of such funds would
otherwise have expired, if such funds are initially obligated
before the expiration of their respective periods of
availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4
of part II of the Foreign Assistance Act of 1961 which are
allocated or obligated for cash disbursements in order to
address balance of payments or economic policy reform
objectives, shall remain available until expended.
limitation on assistance to countries in default
Sec. 612. No part of any appropriation provided under
titles II through V in this Act shall be used to furnish
assistance to the government of any country which is in default
during a period in excess of one calendar year in payment to
the United States of principal or interest on any loan made to
the government of such country by the United States pursuant to
a program for which funds are appropriated under this Act
unless the President determines,\10\ following consultations
with the Committees on Appropriations, that assistance to such
country is in the national interest of the United States.
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\10\ On March 28, 2008, the Deputy Secretary of State made such
determinations for the Democratic Republic of Congo, Liberia, and
Somalia (Department of State Public Notice 6222; 73 F.R. 27606).
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commerce and trade
Sec. 613. (a) None of the funds appropriated or made
available pursuant to titles II through V of this Act for
direct assistance and none of the funds otherwise made
available to the Export-Import Bank and the Overseas Private
Investment Corporation shall be obligated or expended to
finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any
commodity for export by any country other than the United
States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive capacity is
expected to become operative and if the assistance will cause
substantial injury to United States producers of the same,
similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the
injury to United States producers of the same, similar, or
competing commodity, and the Chairman of the Board so notifies
the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in connection
with the growth or production in a foreign country of an
agricultural commodity for export which would compete with a
similar commodity grown or produced in the United States:
Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not
have a significant impact on the export of agricultural
commodities of the United States; or
(2) research activities intended primarily to benefit
American producers.
surplus commodities
Sec. 614.\11\ The Secretary of the Treasury shall instruct
the United States Executive Directors of the International Bank
for Reconstruction and Development, the International
Development Association, the International Finance Corporation,
the Inter-American Development Bank, the International Monetary
Fund, the Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the European
Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the
voice and vote of the United States to oppose any assistance by
these institutions, using funds appropriated or made available
pursuant to titles II through V of this Act, for the production
or extraction of any commodity or mineral for export, if it is
in surplus on world markets and if the assistance will cause
substantial injury to United States producers of the same,
similar, or competing commodity.
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\11\ 22 U.S.C. 262h note.
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reprogramming notification requirements
Sec. 615. (a) None of the funds made available in title I
of this Act, or in prior appropriations Acts to the agencies
and departments funded by this Act that remain available for
obligation or expenditure in fiscal year 2008, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees or of currency reflows or other
offsetting collections, or made available by transfer, to the
agencies and departments funded by this Act, shall be available
for obligation or expenditure through a reprogramming of funds
that: (1) creates new programs; (2) eliminates a program,
project, or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been
denied or restricted; (4) relocates an office or employees; (5)
closes or opens a mission or post; (6) reorganizes or renames
offices; (7) reorganizes programs or activities; or (8)
contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Committees
on Appropriations are notified 15 days in advance of such
reprogramming of funds.
(b) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds
provided under title I of this Act, or provided under previous
appropriations Acts to the agencies or department funded under
title I of this Act that remain available for obligation or
expenditure in fiscal year 2008, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies or department funded by title
I of this Act, shall be available for obligation or expenditure
for activities, programs, or projects through a reprogramming
of funds in excess of $750,000 or 10 percent, whichever is
less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel by 10
percent as approved by Congress; or (3) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Committees on Appropriations are notified 15 days in advance of
such reprogramming of funds.
(c) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds
made available under titles II through V of this Act for
``Global Health and Child Survival'', ``Development
Assistance'', ``International Organizations and Programs'',
``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Andean Counterdrug Programs'',
``Assistance for Eastern Europe and the Baltic States'',
``Assistance for the Independent States of the Former Soviet
Union'', ``Economic Support Fund'', ``Democracy Fund'',
``Peacekeeping Operations'', ``Capital Investment Fund'',
``Operating Expenses of the United States Agency for
International Development'', ``Operating Expenses of the United
States Agency for International Development Office of Inspector
General'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Millennium Challenge Corporation'' (by
country only), ``Foreign Military Financing Program'',
``International Military Education and Training'', ``Peace
Corps'', and ``Migration and Refugee Assistance'', shall be
available for obligation for activities, programs, projects,
type of materiel assistance, countries, or other operations not
justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these
specific headings unless the Committees on Appropriations of
both Houses of Congress are previously notified 15 days in
advance: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23
of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other
major defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20
percent in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified 15 days in
advance of such commitment: Provided further, That this
subsection shall not apply to any reprogramming for an
activity, program, or project for which funds are appropriated
under titles III or IV of this Act of less than 10 percent of
the amount previously justified to the Congress for obligation
for such activity, program, or project for the current fiscal
year.
(d) The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial risk
to human health or welfare: Provided, That in case of any such
waiver, notification to the Congress, or the appropriate
congressional committees, shall be provided as early as
practicable, but in no event later than 3 days after taking the
action to which such notification requirement was applicable,
in the context of the circumstances necessitating such waiver:
Provided further, That any notification provided pursuant to
such a waiver shall contain an explanation of the emergency
circumstances.
limitation on availability of funds for international organizations and
programs
Sec. 616. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under
titles II through V of this Act or any previously enacted Act
making appropriations for foreign operations, export financing,
and related programs, which are returned or not made available
for organizations and programs because of the implementation of
section 307(a) of the Foreign Assistance Act of 1961, shall
remain available for obligation until September 30, 2009:
Provided, That section 307(a) of the Foreign Assistance Act of
1961 is amended by striking ``Libya,''.
independent states of the former soviet union
Sec. 617. (a) None of the funds appropriated under the
heading ``Assistance for the Independent States of the Former
Soviet Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet Union
if that government directs any action in violation of the
territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That
such funds may be made available without regard to the
restriction in this subsection if the President determines that
to do so is in the national security interest of the United
States.\12\
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\12\ On February 19, 2008, the Deputy Secretary of State determined
``that it is in the national security interest of the United States to
make available funds appropriated under the heading `Assistance for the
Independent States of the Former Soviet Union' in Title II of the [Act]
without regard to the restriction in that section.'' (Department of
State Public Notice 6186; 73 F.R. 20083).
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(b) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for any state to enhance its
military capability: Provided, That this restriction does not
apply to demilitarization, demining or nonproliferation
programs.
(c) Funds appropriated under the heading ``Assistance for
the Independent States of the Former Soviet Union'' for the
Russian Federation, Armenia, Kazakhstan, and Uzbekistan shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(d) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject
to the provisions of section 117 (relating to environment and
natural resources) of the Foreign Assistance Act of 1961.
(e)(1) Of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' 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.
prohibition on funding for abortions and involuntary sterilization
Sec. 618. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part I
of the Foreign Assistance Act of 1961, as amended, may be used
to pay for the performance of involuntary sterilization as a
method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to
methods of, or the performance of, abortions or involuntary
sterilization as a means of family planning. None of the funds
made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use
of these funds by any such country or organization would
violate any of the above provisions related to abortions and
involuntary sterilizations.
allocations
Sec. 619. (a) Funds provided in this Act for the following
accounts shall be made available for programs and countries in
the amounts contained in the respective tables included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) accompanying
this Act:
``Educational and Cultural Exchange Programs''.
``American Sections, International Commissions''.
``International Broadcasting Operations''.
``Global Health and Child Survival''.
``Economic Support Fund''.
``Assistance for Eastern Europe and the Baltic
States''.
``Assistance for the Independent States of the Former
Soviet Union''.
``Democracy Fund''.
``International Narcotics Control and Law
Enforcement''.
``Andean Counterdrug Programs''.
``Nonproliferation, Anti-Terrorism, Demining and
Related Programs''.
``Foreign Military Financing Program''.
``Peacekeeping Operations''.
``International Organizations and Programs''.
(b) Any proposed increases or decreases to the amounts
contained in such tables in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act) shall be subject to the regular notification
procedures of the Committees on Appropriations and section 634A
of the Foreign Assistance Act of 1961.
special notification requirements
Sec. 620. None of the funds appropriated under titles II
through V of this Act shall be obligated or expended for
assistance for Serbia, Sudan, Zimbabwe, Pakistan, Cuba, Iran,
Haiti, Libya, Ethiopia, Mexico, Nepal, or Cambodia except as
provided through the regular notification procedures of the
Committees on Appropriations.
definition of program, project, and activity
Sec. 621. For the purpose of titles II through V of this
Act ``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
following accounts: ``Economic Support Fund'' and ``Foreign
Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country,
regional, and central program level funding within each such
account; for the development assistance accounts of the United
States Agency for International Development ``program, project,
and activity'' shall also be considered to include central,
country, regional, and program level funding, either as: (1)
justified to the Congress; or (2) allocated by the executive
branch in accordance with a report, to be provided to the
Committees on Appropriations within 30 days of the enactment of
this Act, as required by section 653(a) of the Foreign
Assistance Act of 1961.
global health and child survival activities
Sec. 622. Up to $13,500,000 of the funds made available by
this Act in title III for assistance under the heading ``Global
Health and Child Survival'', may be used to reimburse United
States Government agencies, agencies of State governments,
institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or assigned
to, or contracted by, as the case may be, the United States
Agency for International Development for the purpose of
carrying out activities under that heading: Provided, That up
to $3,500,000 of the funds made available by this Act for
assistance under the heading ``Development Assistance'' may be
used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying out
other development assistance activities: Provided further, That
funds appropriated by titles III and IV of this Act that are
made available for bilateral assistance for child survival
activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/
AIDS may be made available notwithstanding any other provision
of law except for the provisions under the heading ``Global
Health and Child Survival'' and the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117
Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided
further, That of the funds appropriated under title III of this
Act, not less than $461,000,000 shall be made available for
family planning/reproductive health.
afghanistan
Sec. 623. Of the funds appropriated under titles III and IV
of this Act, not less than $1,057,050,000 should be made
available for assistance for Afghanistan: Provided, That of the
funds made available pursuant to this section, $3,000,000
should be made available for reforestation activities: Provided
further, That funds made available pursuant to the previous
proviso should be matched, to the maximum extent possible, with
contributions from American and Afghan businesses: Provided
further, That of the funds allocated for assistance for
Afghanistan from this Act not less than $75,000,000 shall be
made available to support programs that directly address the
needs of Afghan women and girls, including for the Afghan
Independent Human Rights Commission, the Afghan Ministry of
Women's Affairs, and for women-led nonprofit organizations in
Afghanistan: Provided further, That of the funds appropriated
by this Act that are available for Afghanistan, $20,000,000
should be made available through United States universities to
develop agriculture extension services for Afghan farmers,
$2,000,000 should be made available for a United States
contribution to the North Atlantic Treaty Organization/
International Security Assistance Force Post-Operations
Humanitarian Relief Fund, and not less than $10,000,000 should
be made available for continued support of the United States
Agency for International Development's Afghan Civilian
Assistance Program.
notification on excess defense equipment
Sec. 624. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall notify
the Committees on Appropriations to the same extent and under
the same conditions as are other committees pursuant to
subsection (f) of that section: Provided, That before issuing a
letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense
articles are significant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or are valued (in
terms of original acquisition cost) at $7,000,000 or more, or
if notification is required elsewhere in this Act for the use
of appropriated funds for specific countries that would receive
such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition
cost of such defense articles.
global fund management
Sec. 625. (a) Notwithstanding any other provision of this
Act, 20 percent of the funds that are appropriated by this Act
for a contribution to support the Global Fund to Fight AIDS,
Tuberculosis and Malaria (the ``Global Fund'') shall be
withheld from obligation to the Global Fund until the Secretary
of State certifies to the Committees on Appropriations that the
Global Fund--
(1) is releasing incremental disbursements only if
grantees demonstrate progress against clearly defined
performance indicators;
(2) is providing support and oversight to country-
level entities, such as country coordinating
mechanisms, principal recipients, and Local Fund Agents
(LFAs), to enable them to fulfill their mandates;
(3) has a full-time, professional, independent Office
of Inspector General that is fully operational;
(4) requires LFAs to assess whether a principal
recipient has the capacity to oversee the activities of
sub-recipients;
(5) is making progress toward implementing a
reporting system that breaks down grantee budget
allocations by programmatic activity;
(6) has adopted and is implementing a policy to
publish on a publicly available website the reports of
the Global Fund's Inspector General in a manner that is
consistent with the Policy for Disclosure of Reports of
the Inspector General as approved at the 16th Meeting
of the Board of the Global Fund to Fight AIDS,
Tuberculosis and Malaria; and
(7) is tracking and encouraging the involvement of
civil society, including faith-based organizations, in
country coordinating mechanisms and program
implementation.
(b) The Secretary of State shall submit a report to the
Committees on Appropriations not later than 120 days after
enactment of this Act on the involvement of faith-based
organizations in Global Fund programs. The report shall
include--
(1) on a country-by-country basis--
(A) a description of the amount of grants and
sub-grants provided to faith-based
organizations; and
(B) a detailed description of the involvement
of faith-based organizations in the Country
Coordinating Mechanism (CCM) process of the
Global Fund; and
(2) a description of actions the Global Fund is
taking to enhance the involvement of faith-based
organizations in the CCM process, particularly in
countries in which the involvement of faith-based
organizations has been underrepresented.
prohibition on bilateral assistance to terrorist countries
Sec. 626. (a) Funds appropriated for bilateral assistance
under any heading of this Act and funds appropriated under any
such heading in a provision of law enacted prior to the
enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least 15 days before the waiver takes effect, shall
notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance with
the regular notification procedures of the Committees on
Appropriations.
debt-for-development
Sec. 627. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization which
is a grantee or contractor of the United States Agency for
International Development may place in interest bearing
accounts local currencies which accrue to that organization as
a result of economic assistance provided under title III of
this Act and, subject to the regular notification procedures of
the Committees on Appropriations, any interest earned on such
investment shall be used for the purpose for which the
assistance was provided to that organization.
separate accounts
Sec. 628.\13\ (a) Separate Accounts for Local Currencies.--
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\13\ 22 U.S.C. 2362 note.
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(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 under agreements which result in the generation of
local currencies of that country, the Administrator of
the United States Agency for International Development
shall--
(A) require that local currencies be
deposited in a separate account established by
that government;
(B) enter into an agreement with that
government which sets forth--
(i) the amount of the local
currencies to be generated; and
(ii) the terms and conditions under
which the currencies so deposited may
be utilized, consistent with this
section; and
(C) establish by agreement with that
government the responsibilities of the United
States Agency for International Development and
that government to monitor and account for
deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed upon
with the foreign government, local currencies deposited
in a separate account pursuant to subsection (a), or an
equivalent amount of local currencies, shall be used
only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), for
such purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of
the United States Government.
(3) Programming accountability.--The United States
Agency for International Development shall take all
necessary steps to ensure that the equivalent of the
local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established
pursuant to subsection (a)(1) are used for the purposes
agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon
termination of assistance to a country under chapter 1
or 10 of part I or chapter 4 of part II (as the case
may be), any unencumbered balances of funds which
remain in a separate account established pursuant to
subsection (a) shall be disposed of for such purposes
as may be agreed to by the government of that country
and the United States Government.
(5) Reporting requirement.--The Administrator of the
United States Agency for International Development
shall report on an annual basis as part of the
justification documents submitted to the Committees on
Appropriations on the use of local currencies for the
administrative requirements of the United States
Government as authorized in subsection (a)(2)(B), and
such report shall include the amount of local currency
(and United States dollar equivalent) used and/or to be
used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the government
of a foreign country, under chapter 1 or 10 of part I
or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject
sector assistance, that country shall be required to
maintain such funds in a separate account and not
commingle them with any other funds.
(2) Applicability of other provisions of law.--Such
funds may be obligated and expended notwithstanding
provisions of law which are inconsistent with the
nature of this assistance including provisions which
are referenced in the Joint Explanatory Statement of
the Committee of Conference accompanying House Joint
Resolution 648 (House Report No. 98-1159).
(3) Notification.--At least 15 days prior to
obligating any such cash transfer or nonproject sector
assistance, the President shall submit a notification
through the regular notification procedures of the
Committees on Appropriations, which shall include a
detailed description of how the funds proposed to be
made available will be used, with a discussion of the
United States interests that will be served by the
assistance (including, as appropriate, a description of
the economic policy reforms that will be promoted by
such assistance).
(4) Exemption.--Nonproject sector assistance funds
may be exempt from the requirements of subsection
(b)(1) only through the notification procedures of the
Committees on Appropriations.
enterprise fund restrictions
Sec. 629. (a) Prior to the distribution of any assets
resulting from any liquidation, dissolution, or winding up of
an Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance with
the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
(b) Funds made available under titles II through V of this
Act for Enterprise Funds shall be expended at the minimum rate
necessary to make timely payment for projects and activities.
financial market assistance
Sec. 630. Of the funds appropriated by this Act under the
headings ``Trade and Development Agency'', ``Development
Assistance'', ``Transition Initiatives'', ``Economic Support
Fund'', ``International Affairs Technical Assistance'',
``Assistance for the Independent States of the Former Soviet
Union'', ``Nonproliferation, Anti-Terrorism, Demining and
Related Programs'', and ``Assistance for Eastern Europe and
Baltic States'', not less than $40,000,000 should be made
available for building capital markets and financial systems in
countries eligible to receive United States assistance.
authorities for the peace corps, inter-american foundation and african
development foundation
Sec. 631. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related programs,
shall not be construed to prohibit activities authorized by or
conducted under the Peace Corps Act, the Inter-American
Foundation Act or the African Development Foundation Act. The
agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is
proposing to conduct activities in a country for which
assistance is prohibited.
impact on jobs in the united states
Sec. 632. None of the funds appropriated under titles II
through V of this Act may be obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose
of inducing such an enterprise to relocate outside the
United States if such incentive or inducement is likely
to reduce the number of employees of such business
enterprise in the United States because United States
production is being replaced by such enterprise outside
the United States; or
(2) assistance for any program, project, or activity
that contributes to the violation of internationally
recognized workers rights, as defined in section 507(4)
of the Trade Act of 1974, of workers in the recipient
country, including any designated zone or area in that
country: Provided, That the application of section
507(4)(D) and (E) of such Act should be commensurate
with the level of development of the recipient country
and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
comprehensive expenditures report
Sec. 633. Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing the total
amount of United States Government expenditures in fiscal years
2005 and 2006, by Federal agency, for programs and activities
in each foreign country, identifying the line item as presented
in the President's Budget Appendix and the purpose for which
the funds were provided: Provided, That if required,
information may be submitted in classified form.
special authorities
Sec. 634. (a) Afghanistan, Iraq, Pakistan, Lebanon,
Montenegro, Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated under titles II through V of this
Act that are made available for assistance for Afghanistan may
be made available notwithstanding section 612 of this Act or
any similar provision of law and section 660 of the Foreign
Assistance Act of 1961, and funds appropriated in titles II and
III of this Act that are made available for Iraq, Lebanon,
Montenegro, Pakistan, and for victims of war, displaced
children, and displaced Burmese, and to assist victims of
trafficking in persons and, subject to the regular notification
procedures of the Committees on Appropriations, to combat such
trafficking, may be made available notwithstanding any other
provision of law.
(b) Tropical Forestry and Biodiversity Conservation
Activities.--Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and biodiversity conservation
activities and energy programs aimed at reducing greenhouse gas
emissions: Provided, That such assistance shall be subject to
sections 116, 502B, and 620A of the Foreign Assistance Act of
1961.
(c) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961, and
title II of the Agricultural Trade Development and Assistance
Act of 1954, may be used by the United States Agency for
International Development to employ up to 25 personal services
contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim
support for new or expanded overseas programs and activities
managed by the agency until permanent direct hire personnel are
hired and trained: Provided, That not more than 10 of such
contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of
the Agricultural Trade Development and Assistance Act of 1954,
may be made available only for personal services contractors
assigned to the Office of Food for Peace.
(d) \14\ (1) Waiver.--The President may waive the
provisions of section 1003 of Public Law 100-204 if the
President determines and certifies in writing to the Speaker of
the House of Representatives and the President pro tempore of
the Senate that it is important to the national security
interests of the United States.
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\14\ On April 10, 2008, and again on October 9, 2008, the President
issued such a waiver (Presidential Determination No. 2008-18; 73 F.R.
22265; and Presidential Determination No. 2009-3; 73 F.R. 62847,
respectively).
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(2) Period of Application of Waiver.--Any waiver pursuant
to paragraph (1) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(e) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, the United States Agency for International Development may
provide an exception to the fair opportunity process for
placing task orders under such contracts when the order is
placed with any category of small or small disadvantaged
business.
(f) Vietnamese Refugees.--Section 594(a) of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (enacted as division D of Public Law
108-447; 118 Stat. 3038) is amended by striking ``2007'' and
inserting ``2009''.
(g) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(h) China Programs.--Notwithstanding any other provision of
law, of the funds appropriated under the heading ``Development
Assistance'' in this Act, not less than $10,000,000 shall be
made available to United States educational institutions and
nongovernmental organizations for programs and activities in
the People's Republic of China relating to the environment,
democracy, and the rule of law: Provided, That funds made
available pursuant to this authority shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(i) Middle East Foundation.--Funds appropriated by this Act
and prior Acts for a Middle East Foundation shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(j) Extension of Authority.--Section 1365(c) of the
National Defense Authorization Act for Fiscal Year 1993 (Public
Law 102-484; 22 U.S.C. 2778 note) is amended by striking
``During the 16 year period beginning on October 23, 1992'' and
inserting ``During the 22 year period beginning on October 23,
1992'' before the period at the end.
(k) Extension of Authority.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and
2007'' and inserting ``2007, and 2008''; and
(B) in subsection (e), by striking ``2007''
each place it appears and inserting ``2008'';
and
(2) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``2007'' and inserting
``2008''.
(l) World Food Program.--Of the funds managed by the Bureau
for Democracy, Conflict, and Humanitarian Assistance of the
United States Agency for International Development, from this
or any other Act, not less than $10,000,000 shall be made
available as a general contribution to the World Food Program,
notwithstanding any other provision of law.
(m) Capital Security Cost-Sharing.--Notwithstanding any
other provision of law, of the funds appropriated under the
heading ``Embassy Security, Construction, and Maintenance'',
not less than $2,000,000 shall be made available for the
Capital Security Cost-Sharing fees of the Library of Congress.
(n) Disarmament, Demobilization and Reintegration.--
Notwithstanding any other provision of law, regulation or
Executive order, funds appropriated by this Act and prior Acts
making appropriations for foreign operations, export financing,
and related programs under the headings ``Economic Support
Fund'', ``Peacekeeping Operations'', ``International Disaster
Assistance'', and ``Transition Initiatives'' should be made
available to support programs to disarm, demobilize, and
reintegrate into civilian society former members of foreign
terrorist organizations: Provided, That the Secretary of State
shall consult with the Committees on Appropriations prior to
the obligation of funds pursuant to this subsection: Provided
further, That for the purposes of this subsection,
``International Disaster Assistance'' may also mean
``International Disaster and Famine Assistance'': Provided
further, That for the purposes of this subsection the term
``foreign terrorist organization'' means an organization
designated as a terrorist organization under section 219 of the
Immigration and Nationality Act.
(o) Nongovernmental Organizations.--With respect to the
provision of assistance for democracy, human rights and
governance activities, the organizations implementing such
assistance and the specific nature of that assistance shall not
be subject to the prior approval by the government of any
foreign country.
(p) Prison Conditions.--Funds appropriated by this Act to
carry out the provisions of chapters 1 and 11 of part I and
chapter 4 of part II of the Foreign Assistance Act of 1961, and
the Support for East European Democracy (SEED) Act of 1989, may
be used to provide assistance to improve conditions in prison
facilities administered by foreign governments, including among
other things, activities to improve prison sanitation and
ensure the availability of adequate food, drinking water and
medical care for prisoners: Provided, That assistance made
available under this subsection may be made available
notwithstanding section 660 of the Foreign Assistance Act of
1961, and subject to the regular notification procedures of the
Committees on Appropriations.
(q) Program for Research and Training on Eastern Europe and
the Independent States of the Former Soviet Union.--Of the
funds appropriated by this Act under the heading, ``Economic
Support Fund'', not less than $5,000,000 shall be made
available to carry out the Program for Research and Training on
Eastern Europe and the Independent States of the Former Soviet
Union (title VIII) as authorized by the Soviet-Eastern European
Research and Training Act of 1983 (22 U.S.C. 4501-4508, as
amended).
(r) Broadcasting Board of Governors Authority.--Section
504(c) of the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228; 22 U.S.C. 6206 note) is amended by
striking ``December 31, 2007'' and inserting ``December 31,
2008''.
(s) Transatlantic Legislators' Dialogue Authority.--Section
109(c) of Public Law 98-164 is amended by striking ``$50,000''
and inserting ``$100,000''.
(t) \15\ OPIC Authority.--Notwithstanding section 235(a)(2)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)),
the authority of subsections (a) through (c) of section 234 of
such Act shall remain in effect through April 1, 2008.
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\15\ 22 U.S.C. 2194 note.
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arab league boycott of israel
Sec. 635. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the
secondary boycott of American firms that have
commercial ties with Israel, is an impediment to peace
in the region and to United States investment and trade
in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of
Israel immediately disbanded;
(3) all Arab League states should normalize relations
with their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott
of Israel and find concrete steps to demonstrate that
opposition by, for example, taking into consideration
the participation of any recipient country in the
boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually
on specific steps being taken by the United States to
encourage Arab League states to normalize their
relations with Israel to bring about the termination of
the Arab League boycott of Israel, including those to
encourage allies and trading partners of the United
States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses
that do comply.
eligibility for assistance
Sec. 636. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained under titles II through
V of this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance in
support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of
chapters 1, 10, 11, and 12 of part I and chapter 4 of part II
of the Foreign Assistance Act of 1961, and from funds
appropriated under the heading ``Assistance for Eastern Europe
and the Baltic States'': Provided, That before using the
authority of this subsection to furnish assistance in support
of programs of nongovernmental organizations, the President
shall notify the Committees on Appropriations under the regular
notification procedures of those committees, including a
description of the program to be assisted, the assistance to be
provided, and the reasons for furnishing such assistance:
Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against
abortion or involuntary sterilizations contained in this or any
other Act.
(b) Public Law 480.--During fiscal year 2008, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act of
1954: Provided, That none of the funds appropriated to carry
out title I of such Act and made available pursuant to this
subsection may be obligated or expended except as provided
through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized human
rights.
reservations of funds
Sec. 637. (a) Funds appropriated under titles II through V
of this Act which are specifically designated may be
reprogrammed for other programs within the same account
notwithstanding the designation if compliance with the
designation is made impossible by operation of any provision of
this or any other Act: Provided, That any such reprogramming
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That assistance
that is reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds appropriated
by this Act and administered by the United States Agency for
International Development that are specifically designated for
particular programs or activities by this or any other Act
shall be extended for an additional fiscal year if the
Administrator of such agency determines and reports promptly to
the Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such designated funds can
be obligated during the original period of availability:
Provided, That such designated funds that are continued
available for an additional fiscal year shall be obligated only
for the purpose of such designation.
(c) Ceilings and specifically designated funding levels
contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any
subsequent Act unless such Act specifically so directs.
Specifically designated funding levels or minimum funding
requirements contained in any other Act shall not be applicable
to funds appropriated by this Act.
asia
Sec. 638. (a) Funding Levels.--Of the funds appropriated by
this Act under the headings ``Global Health and Child
Survival'' and ``Development Assistance'', not less than the
amount of funds initially allocated for each such account
pursuant to subsection 653(a) of the Foreign Assistance Act of
1961 for fiscal year 2007 shall be made available for Cambodia,
Philippines, Vietnam, Asia and Near East Regional, and Regional
Development Mission/Asia: Provided, That for the purposes of
this subsection, ``Global Health and Child Survival'' shall
mean ``Child Survival and Health Programs Fund''.
(b) Burma.--
(1) \16\ The Secretary of the Treasury shall instruct
the United States executive director to each
appropriate international financial institution in
which the United States participates, to oppose and
vote against the extension by such institution any loan
or financial or technical assistance or any other
utilization of funds of the respective bank to and for
Burma.
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\16\ 50 U.S.C. 1701 note.
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(2) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$13,000,000 shall be made available to support
democracy activities in Burma, along the Burma-Thailand
border, for activities of Burmese student groups and
other organizations located outside Burma, and for the
purpose of supporting the provision of humanitarian
assistance to displaced Burmese along Burma's borders:
Provided, That such funds may be made available
notwithstanding any other provision of law: Provided
further, That in addition to assistance for Burmese
refugees provided under the heading ``Migration and
Refugee Assistance'' in this Act, not less than
$3,000,000 shall be made available for community-based
organizations operating in Thailand to provide food,
medical and other humanitarian assistance to internally
displaced persons in eastern Burma: Provided further,
That funds made available under this paragraph shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(c) Tibet.--
(1) The Secretary of the Treasury should instruct the
United States executive director to each international
financial institution to use the voice and vote of the
United States to support projects in Tibet if such
projects do not provide incentives for the migration
and settlement of non-Tibetans into Tibet or facilitate
the transfer of ownership of Tibetan land and natural
resources to non-Tibetans; are based on a thorough
needs-assessment; foster self-sufficiency of the
Tibetan people and respect Tibetan culture and
traditions; and are subject to effective monitoring.
(2) Notwithstanding any other provision of law, not
less than $5,000,000 of the funds appropriated by this
Act under the heading ``Economic Support Fund'' should
be made available to nongovernmental organizations to
support activities which preserve cultural traditions
and promote sustainable development and environmental
conservation in Tibetan communities in the Tibetan
Autonomous Region and in other Tibetan communities in
China, and not less than $250,000 should be made
available to the National Endowment for Democracy for
human rights and democracy programs relating to Tibet.
prohibition on publicity or propaganda
Sec. 639. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by the Congress: Provided, That not to
exceed $25,000 may be made available to carry out the
provisions of section 316 of Public Law 96-533.
prohibition of payments to united nations members
Sec. 640. None of the funds appropriated or made available
pursuant to titles II through V of this Act for carrying out
the Foreign Assistance Act of 1961, may be used to pay in whole
or in part any assessments, arrearages, or dues of any member
of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961, the costs for participation of another country's
delegation at international conferences held under the auspices
of multilateral or international organizations.
requests for documents
Sec. 641. None of the funds appropriated or made available
pursuant to titles II through V of this Act shall be available
to a nongovernmental organization, including any contractor,
which fails to provide upon timely request any document, file,
or record necessary to the auditing requirements of the United
States Agency for International Development.
prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
Sec. 642. (a) None of the funds appropriated or otherwise
made available by titles II through V of this Act may be
available to any foreign government which provides lethal
military equipment to a country the government of which the
Secretary of State has determined is a terrorist government for
purposes of section 6(j) of the Export Administration Act of
1979. The prohibition under this section with respect to a
foreign government shall terminate 12 months after that
government ceases to provide such military equipment. This
section applies with respect to lethal military equipment
provided under a contract entered into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to the
national interests of the United States.
(c) Whenever the President makes a determination pursuant
to subsection (b), the President shall submit to the
appropriate congressional committees a report with respect to
the furnishing of such assistance. Any such report shall
include a detailed explanation of the assistance to be
provided, including the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers
United States national interests.
withholding of assistance for parking fines and real property taxes
owed by foreign countries
Sec. 643. (a) Subject to subsection (c), of the funds
appropriated under titles II through V by this Act that are
made available for assistance for a foreign country, an amount
equal to 110 percent of the total amount of the unpaid fully
adjudicated parking fines and penalties and unpaid property
taxes owed by the central government of such country shall be
withheld from obligation for assistance for the central
government of such country until the Secretary of State submits
a certification to the Committees on Appropriations stating
that such parking fines and penalties and unpaid property taxes
are fully paid.
(b) Funds withheld from obligation pursuant to subsection
(a) may be made available for other programs or activities
funded by this Act, after consultation with and subject to the
regular notification procedures of the Committees on
Appropriations, provided that no such funds shall be made
available for assistance for the central government of a
foreign country that has not paid the total amount of the fully
adjudicated parking fines and penalties and unpaid property
taxes owed by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d)(1) The Secretary of State may waive the requirements
set forth in subsection (a) with respect to parking fines and
penalties no sooner than 60 days from the date of enactment of
this Act, or at any time with respect to a particular country,
if the Secretary determines that it is in the national
interests of the United States to do so.
(2) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to the unpaid property
taxes if the Secretary of State determines that it is in the
national interests of the United States to do so.
(e) Not later than 6 months after the initial exercise of
the waiver authority in subsection (d), the Secretary of State,
after consultations with the City of New York, shall submit a
report to the Committees on Appropriations describing a
strategy, including a timetable and steps currently being
taken, to collect the parking fines and penalties and unpaid
property taxes and interest owed by nations receiving foreign
assistance under this Act.
(f) In this section:
(1) The term ``fully adjudicated'' includes
circumstances in which the person to whom the vehicle
is registered--
(A)(i) has not responded to the parking
violation summons; or
(ii) has not followed the appropriate
adjudication procedure to challenge the
summons; and
(B) the period of time for payment of or
challenge to the summons has lapsed.
(2) The term ``parking fines and penalties'' means
parking fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997,
through September 30, 2007.
(3) The term ``unpaid property taxes'' means the
amount of unpaid taxes and interest determined to be
owed by a foreign country on real property in the
District of Columbia or New York, New York in a court
order or judgment entered against such country by a
court of the United States or any State or subdivision
thereof.
limitation on assistance for the plo for the west bank and gaza
Sec. 644. None of the funds appropriated under titles II
through V of this Act may be obligated for assistance for the
Palestine Liberation Organization for the West Bank and Gaza
unless the President has exercised the authority under section
604(a) of the Middle East Peace Facilitation Act of 1995 (title
VI of Public Law 104-107) or any other legislation to suspend
or make inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided, That
if the President fails to make the certification under section
604(b)(2) of the Middle East Peace Facilitation Act of 1995 or
to suspend the prohibition under other legislation, funds
appropriated by this Act may not be obligated for assistance
for the Palestine Liberation Organization for the West Bank and
Gaza.
war crimes tribunals drawdown
Sec. 645. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals or
commissions as the Council may establish or authorize to deal
with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of
any determinations otherwise required under section 552(c):
Provided further, That funds made available for tribunals other
than Yugoslavia, Rwanda, or the Special Court for Sierra Leone
shall be made available subject to the regular notification
procedures of the Committees on Appropriations.
landmines and cluster munitions
Sec. 646. (a) Landmines.--Notwithstanding any other
provision of law, demining equipment available to the United
States Agency for International Development and the Department
of State and used in support of the clearance of landmines and
unexploded ordnance for humanitarian purposes may be disposed
of on a grant basis in foreign countries, subject to such terms
and conditions as the President may prescribe.
(b) Cluster Munitions.--During the current fiscal year, no
military assistance shall be furnished for cluster munitions,
no defense export license for cluster munitions may be issued,
and no cluster munitions or cluster munitions technology shall
be sold or transferred, unless--
(1) the submunitions of the cluster munitions have a
99 percent or higher tested rate; and
(2) the agreement applicable to the assistance,
transfer, or sale of the cluster munitions or cluster
munitions technology specifies that the cluster
munitions will only be used against clearly defined
military targets and will not be used where civilians
are known to be present.
restrictions concerning the palestinian authority
Sec. 647. None of the funds appropriated under titles II
through V of this Act may be obligated or expended to create in
any part of Jerusalem a new office of any department or agency
of the United States Government for the purpose of conducting
official United States Government business with the Palestinian
Authority over Gaza and Jericho or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles: Provided, That this restriction shall not apply to
the acquisition of additional space for the existing Consulate
General in Jerusalem: Provided further, That meetings between
officers and employees of the United States and officials of
the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United
States Government business with such authority should continue
to take place in locations other than Jerusalem. As has been
true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects
with Palestinians (including those who now occupy positions in
the Palestinian Authority), have social contacts, and have
incidental discussions.
prohibition of payment of certain expenses
Sec. 648. None of the funds appropriated or otherwise made
available under titles III or IV of this Act under the heading
``International Military Education and Training'' or ``Foreign
Military Financing Program'' for Informational Program
activities or under the headings ``Global Health and Child
Survival'', ``Development Assistance'', and ``Economic Support
Fund'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including
but not limited to entrance fees at sporting events,
theatrical and musical productions, and amusement
parks.
colombia
Sec. 649. (a) Assistance for Colombia.--Of the funds
appropriated in titles III and IV of this Act, not more than
$545,608,000 shall be available for assistance for Colombia.
(b) Funding Amounts and Notification.--Funds appropriated
by this Act that are available for assistance for Colombia
shall be made available in the amounts indicated in the table
in the accompanying explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act)
and any proposed increases or decreases to the amounts
contained in such table shall be subject to the regular
notification procedures of the Committees on Appropriations.
(c) Assistance for the Colombian Armed Forces.--
(1) Funding.--Funds appropriated by this Act that are
available for assistance for the Colombian Armed
Forces, may be made available as follows:
(A) Up to 70 percent of such funds may be
obligated prior to the certification and report
by the Secretary of State pursuant to
subparagraph (B).
(B) Up to 15 percent of such funds may be
obligated only after the Secretary of State
consults with, and subsequently certifies and
submits a written report to, the Committees on
Appropriations that the Government of Colombia
is meeting the requirements described in
paragraph (2).
(2) \17\ Requirements.--The requirements referred to
in paragraph (1) are as follows:
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\17\ On July 28, 2008, the Deputy Secretary of State determined and
certified ``that the Colombian Armed Forces are meeting the conditions
contained in Sections 556(a)(2) and 556(a)(3) of the FY 2006 FOAA, as
carried forward in the FY 2007 CR, as well as Sections 649(c)(2) and
649(c)(3) of the FY 2008 SFOAA, and that I have consulted with Congress
as is consistent with the latter. The Department of State has
periodically consulted with internationally recognized human rights
organizations regarding the Colombian Armed Forces' progress in meeting
the above-mentioned conditions, as provided in Section 556(c) of the FY
2006 FOAA, as carried forward in the FY 2007 CR, and Section 649(d) of
the FY 2008 SFOAA.'' (Department of State Public Notice 6305; 73 F.R.
44798).
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(A) The Commander General of the Colombian
Armed Forces is suspending or placing on
administrative duty, if requested by the
prosecutor, those members of the Armed Forces,
of whatever rank, who, according to the
Minister of Defense, the Attorney General or
the Procuraduria General de la Nacion, have
been credibly alleged to have committed gross
violations of human rights, including extra-
judicial killings, or to have aided or abetted
paramilitary organizations or successor armed
groups.
(B) The Government of Colombia is
investigating and prosecuting, in the civilian
justice system, those members of the Colombian
Armed Forces, of whatever rank, who have been
credibly alleged to have committed gross
violations of human rights, including extra-
judicial killings, or to have aided or abetted
paramilitary organizations or successor armed
groups.
(C) The Colombian Armed Forces are
cooperating fully with civilian prosecutors and
judicial authorities in such cases (including
providing requested information, such as the
identity of persons suspended from the Armed
Forces and the nature and cause of the
suspension, and access to witnesses, relevant
military documents, and other requested
information).
(D) The Colombian Armed Forces have taken all
necessary steps to sever links (including
denying access to military intelligence,
vehicles, and other equipment or supplies, and
ceasing other forms of active or tacit
cooperation) at all levels, with paramilitary
organizations or successor armed groups,
especially in regions where such organizations
have a significant presence.
(E) The Government of Colombia is dismantling
paramilitary leadership and financial networks
by arresting and prosecuting under civilian
criminal law individuals who have provided
financial, planning, or logistical support, or
have otherwise aided or abetted paramilitary
organizations or successor armed groups; by
identifying and seizing land and other assets
illegally acquired by such organizations or
their associates and returning such land or
assets to their rightful occupants or owners;
by revoking reduced sentences for demobilized
paramilitaries who engage in new criminal
activity; and by arresting and prosecuting
under civilian criminal law, and when
requested, promptly extraditing to the United
States members of successor armed groups.
(F) The Government of Colombia is ensuring
that the Colombian Armed Forces are not
violating the land and property rights of
Colombia's indigenous and Afro-Colombian
communities, and that the Colombian Armed
Forces are implementing procedures to
distinguish between civilians, including
displaced persons, and combatants in their
operations.
(3) \17\ The balance of such funds may be obligated
after July 31, 2008, if, before such date, the
Secretary of State consults with, and submits a written
certification to, the Committees on Appropriations that
the Colombian Armed Forces are continuing to meet the
requirements described in paragraph (2) and are
conducting vigorous operations to restore civilian
government authority and respect for human rights in
areas under the effective control of paramilitary
organizations or successor armed groups and guerrilla
organizations.
(4) Certain funds exempted.--The requirement to
withhold funds from obligation shall not apply with
respect to funds made available under the heading
``Andean Counterdrug Programs'' for continued support
for the Critical Flight Safety Program or for any
alternative development programs in Colombia
administered by the Bureau of International Narcotics
and Law Enforcement Affairs of the Department of State.
(5) Report.--At the time the Secretary of State
submits certifications pursuant to paragraphs (1)(B)
and (3) of this subsection, the Secretary shall also
submit to the Committees on Appropriations a report
that contains, with respect to each such paragraph, a
detailed description of the specific actions taken by
both the Colombian Government and Colombian Armed
Forces which support each requirement of the
certification, and the cases or issues brought to the
attention of the Secretary, including through the
Department of State's annual Country Reports on Human
Rights Practices, for which the actions taken by the
Colombian Government or Armed Forces have been
determined by the Secretary of State to be inadequate.
(d) \17\ Consultative Process.--Not later than 60 days
after the date of enactment of this Act, and every 90 days
thereafter until September 30, 2008, the Secretary of State
shall consult with Colombian and internationally recognized
human rights organizations regarding progress in meeting the
requirements contained in subsection (c)(2).
(e) Assistance for Demobilization and Disarmament of Former
Combatants in Colombia.--
(1) Availability of funds.--Of the funds appropriated
in this Act under the heading ``Economic Support
Fund'', up to $11,442,000 may be made available in
fiscal year 2008 for assistance for the disarmament,
demobilization, and reintegration of former members of
foreign terrorist organizations (FTOs) in Colombia, if
the Secretary of State consults with and makes a
certification described in paragraph (2) to the
Committees on Appropriations prior to the initial
obligation of amounts for such assistance for the
fiscal year involved.
(2) \18\ Certification.--A certification described in
this subsection is a certification that--
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\18\ On August 28, 2008, the Secretary of State made this
determination and certification (Department of State Public Notice
6357; 73 F.R. 52720).
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(A) assistance for the fiscal year will be
provided only for individuals who have: (i)
verifiably renounced and terminated any
affiliation or involvement with FTOs or other
illegal armed groups; (ii) are meeting all the
requirements of the Colombia demobilization
program, including having disclosed their
involvement in past crimes and their knowledge
of the FTO's structure, financing sources,
illegal assets, and the location of kidnapping
victims and bodies of the disappeared; and
(iii) are not involved in acts of intimidation
or violence;
(B) the Government of Colombia is providing
full cooperation to the Government of the
United States to extradite the leaders and
members of the FTOs who have been indicted in
the United States for murder, kidnapping,
narcotics trafficking, or other violations of
United States law, and is extraditing to the
United States those commanders, leaders and
members indicted in the United States who have
breached the terms of the Colombian
demobilization program, including by failing to
fully confess their crimes, failing to disclose
their illegal assets, or committing new crimes
since the approval of the Justice and Peace
Law;
(C) the Government of Colombia is not
knowingly taking any steps to legalize the
titles of land or other assets illegally
obtained and held by FTOs, their associates, or
successors, has established effective
procedures to identify such land and other
assets, and is seizing and returning such land
and other assets to their rightful occupants or
owners;
(D) the Government of Colombia is
implementing a concrete and workable framework
for dismantling the organizational structures
of foreign terrorist organizations; and
(E) funds shall not be made available as cash
payments to individuals and are available only
for activities under the following categories:
verification, reintegration (including training
and education), vetting, recovery of assets for
reparations for victims, and investigations and
prosecutions.
(f) Illegal Armed Groups.--
(1) Denial of visas to supporters of colombian
illegal armed groups.--Subject to paragraph (2), the
Secretary of State shall not issue a visa to any alien
who the Secretary determines, based on credible
evidence--
(A) has willfully provided any support to the
Revolutionary Armed Forces of Colombia (FARC),
the National Liberation Army (ELN), the United
Self-Defense Forces of Colombia (AUC), or
successor armed groups, including taking
actions or failing to take actions which allow,
facilitate, or otherwise foster the activities
of such groups; or
(B) has committed, ordered, incited,
assisted, or otherwise participated in the
commission of a gross violation of human
rights, including extra-judicial killings, in
Colombia.
(2) Waiver.--Paragraph (1) shall not apply if the
Secretary of State certifies to the Committees on
Appropriations, on a case-by-case basis, that the
issuance of a visa to the alien is necessary to support
the peace process in Colombia or for urgent
humanitarian reasons.
(g) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or abetted''
means to provide any support to paramilitary or
successor armed groups, including taking actions which
allow, facilitate, or otherwise foster the activities
of such groups.
(2) Paramilitary groups.--The term ``paramilitary
groups'' means illegal self-defense groups and illegal
security cooperatives, including those groups and
cooperatives that have formerly demobilized but
continue illegal operations, as well as parts thereof.
(3) Foreign terrorist organization.--The term
``foreign terrorist organization'' means an
organization designated as a terrorist organization
under section 219 of the Immigration and Nationality
Act.
limitation on assistance to the palestinian authority
Sec. 650. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be
obligated or expended with respect to providing funds to the
Palestinian Authority.
(b) \19\ Waiver.--The prohibition included in subsection
(a) shall not apply if the President certifies in writing to
the Speaker of the House of Representatives, the President pro
tempore of the Senate, and the Committees on Appropriations
that waiving such prohibition is important to the national
security interests of the United States.
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\19\ On February 28, 2008, the President exercised this waiver
authority (Presidential Determination No. 2008-13; 73 F.R. 12259). On
October 6, 2008, the President certified ``that it is important to the
national security interests of the United States to waive the
provisions of section 650(a) of the Act, as carried forward under the
Supplemental, in order to provide funds appropriated for fiscal year
2009 under the heading Economic Support Funds to the Palestinian
Authority.'' (Presidential Determination No. 2009-2; 73 F.R. 60937).
---------------------------------------------------------------------------
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the funds
will be spent, and the accounting procedures in place to ensure
that the funds are properly disbursed. The report shall also
detail the steps the Palestinian Authority has taken to arrest
terrorists, confiscate weapons and dismantle the terrorist
infrastructure.
limitation on assistance to security forces
Sec. 651. Chapter 1 of part III of the Foreign Assistance
Act of 1961 is amended by adding the following section: * * *
\20\
---------------------------------------------------------------------------
\20\ Sec. 651 added a new sec. 620J--Limitation on Assistance to
Security Forces--to the Foreign Assistance Act of 1961.
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foreign military training report
Sec. 652. The annual foreign military training report
required by section 656 of the Foreign Assistance Act of 1961
shall be submitted by the Secretary of Defense and the
Secretary of State to the Committees on Appropriations by the
date specified in that section.
authorization requirement
Sec. 653. Funds appropriated by this Act, except funds
appropriated under the headings ``Trade and Development
Agency'' and ``Overseas Private Investment Corporation'', may
be obligated and expended notwithstanding section 10 of Public
Law 91-672 and section 15 of the State Department Basic
Authorities Act of 1956.
libya
Sec. 654. (a) None of the funds appropriated or otherwise
made available by this Act shall be obligated or expended to
finance directly any assistance for Libya.
(b) The prohibition of subsection (a) shall no longer apply
if the Secretary of State certifies to the Committees on
Appropriations that the Government of Libya has made the final
settlement payments to the Pan Am 103 victims' families, paid
to the LaBelle Disco bombing victims the agreed upon settlement
amounts, and is engaging in good faith settlement discussions
regarding other relevant terrorism cases.
(c) Not later than 180 days after enactment of this Act,
the Secretary shall submit a report to the Committees on
Appropriations describing (1) actions taken by the Department
of State to facilitate a resolution of these cases; and (2)
United States commercial activities in Libya's energy sector.
palestinian statehood
Sec. 655. (a) Limitation on Assistance.--None of the funds
appropriated under titles II through V of this Act may be
provided to support a Palestinian state unless the Secretary of
State determines and certifies to the appropriate congressional
committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to
peaceful co-existence with the State of Israel;
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West
Bank and Gaza, including the dismantling of
terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate
security organizations; and
(2) the Palestinian Authority (or the governing
entity of a new Palestinian state) is working with
other countries in the region to vigorously pursue
efforts to establish a just, lasting, and comprehensive
peace in the Middle East that will enable Israel and an
independent Palestinian state to exist within the
context of full and normal relationships, which should
include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of the
sovereignty, territorial integrity, and
political independence of every state in the
area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within
secure and recognized boundaries free from
threats or acts of force;
(D) freedom of navigation through
international waterways in the area; and
(E) a framework for achieving a just
settlement of the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the governing entity should enact a constitution assuring the
rule of law, an independent judiciary, and respect for human
rights for its citizens, and should enact other laws and
regulations assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if he
determines that it is important to the national security
interests of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing entity,
in order to help meet the requirements of subsection (a),
consistent with the provisions of section 650 of this Act
(``Limitation on Assistance to the Palestinian Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 656. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
west bank and gaza assistance
Sec. 657. (a) Oversight.--For fiscal year 2008, 30 days
prior to the initial obligation of funds for the bilateral West
Bank and Gaza Program, the Secretary of State shall certify to
the Committees on Appropriations that procedures have been
established to assure the Comptroller General of the United
States will have access to appropriate United States financial
information in order to review the uses of United States
assistance for the Program funded under the heading ``Economic
Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such assistance
is not provided to or through any individual, private or
government entity, or educational institution that the
Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity
nor, with respect to private entities or educational
institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or
advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization. The Secretary of
State shall, as appropriate, establish procedures specifying
the steps to be taken in carrying out this subsection and shall
terminate assistance to any individual, entity, or educational
institution which she has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) None of the funds appropriated under titles II
through V of this Act for assistance under the West
Bank and Gaza Program may be made available for the
purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of
terrorism.
(2) Notwithstanding any other provision of law, none
of the funds made available by this or prior
appropriations act, including funds made available by
transfer, may be made available for obligation for
security assistance for the West Bank and Gaza until
the Secretary of State reports to the Committees on
Appropriations on the benchmarks that have been
established for security assistance for the West Bank
and Gaza and reports on the extent of Palestinian
compliance with such benchmarks.
(d) Audits.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or
non-Federal audits of all contractors and grantees, and
significant subcontractors and sub-grantees, under the
West Bank and Gaza Program, are conducted at least on
an annual basis to ensure, among other things,
compliance with this section.
(2) Of the funds appropriated by this Act up to
$500,000 may be used by the Office of the Inspector
General of the United States Agency for International
Development for audits, inspections, and other
activities in furtherance of the requirements of this
subsection. Such funds are in addition to funds
otherwise available for such purposes.
(e) Subsequent to the certification specified in subsection
(a), the Comptroller General of the United States shall conduct
an audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza Program
in fiscal year 2008 under the heading ``Economic Support
Fund''. The audit shall address--
(1) the extent to which such Program complies with
the requirements of subsections (b) and (c), and
(2) an examination of all programs, projects, and
activities carried out under such Program, including
both obligations and expenditures.
(f) Not later than 180 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees
on Appropriations updating the report contained in section 2106
of chapter 2 of title II of Public Law 109-13.
war criminals
Sec. 658. (a)(1) None of the funds appropriated or
otherwise made available under titles II through V of this Act
may be made available for assistance, and the Secretary of the
Treasury shall instruct the United States Executive Director at
each international financial institution to vote against any
new project involving the extension by such institutions of any
financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as
determined by the Secretary of State, to take necessary and
significant steps to implement its international legal
obligations to apprehend and transfer to the International
Criminal Tribunal for the former Yugoslavia (the ``Tribunal'')
all persons in their territory who have been indicted by the
Tribunal and to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such
country, entity, or municipality are--
(1) cooperating with the Tribunal, including access
for investigators to archives and witnesses, the
provision of documents, and the surrender and transfer
of indictees or assistance in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an
international financial institution regarding the extension of
any new project involving financial or technical assistance or
grants to any country or entity described in subsection (a),
the Secretary of the Treasury, in consultation with the
Secretary of State, shall provide to the Committees on
Appropriations a written justification for the proposed
assistance, including an explanation of the United States
position regarding any such vote, as well as a description of
the location of the proposed assistance by municipality, its
purpose, and its intended beneficiaries.
(d) In carrying out this section, the Secretary of State,
the Administrator of the United States Agency for International
Development, and the Secretary of the Treasury shall consult
with representatives of human rights organizations and all
government agencies with relevant information to help prevent
indicted war criminals from benefiting from any financial or
technical assistance or grants provided to any country or
entity described in subsection (a).
(e) \21\ The Secretary of State may waive the application
of subsection (a) with respect to projects within a country,
entity, or municipality upon a written determination to the
Committees on Appropriations that such assistance directly
supports the implementation of the Dayton Accords.
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\21\ On March 27, 2008, the Secretary of State delegated this
authority to the Assistant Secretary of State for European and Eurasian
Affairs (Department of State Delegation of Authority No. 312; 73 F.R.
21405), and further determined that ``Serbia has failed to take
necessary and significant steps to implement its international legal
obligations to apprehend and transfer to the International Criminal
Tribunal for the Former Yugoslavia all persons in its territory who
have been indicted by the Tribunal. In addition, I hereby waive the
application of Section 658 of the SFOAA with regard to certain U.S.
bilateral assistance programs in Serbia and determine that such
assistance directly supports the implementation of the Dayton Accords.
I also hereby waive the application of section 658 of the SFOAA with
regard to U.S. support for International Financial Institution projects
in Serbia that directly support the implementation of the Dayton
Accords as decided by the Assistant Secretary for European and Eurasian
Affairs and in accordance with 658(c) and (d).'' (Department of State
Public Notice 6194; 73 F.R. 21405).
On November 21, 2008, the Acting Assistant Secretary of State for
European and Eurasian Affairs determined ``that the allocation of the
EBRD's Sustainable Energy Credit Line for the Western Balkans,
including Bosnia and Herzegovina, FYR Macedonia, Montenegro, and Serbia
will lead to sustainable development and economic integration in the
region and contribute to a stronger economy in the Western Balkans,
including Serbia, directly supporting implementation of the Dayton
Accords. I therefore waive the application of Section 658 of the SFOAA
to the extent that provision would otherwise prevent the U.S. Executive
Directors of the EBRD from voting in favor of these projects.''
(Department of State Public Notice 6467; 73 F.R. 78864).
On December 2, 2008, the Assistant Secretary of State for European
and Eurasian Affairs determined ``that the IMF's proposed Precautionary
Stand-By Arrangement for strengthening Serbia's fiscal discipline and
furthering its structural reform agenda will help facilitate a smooth
balance of payments adjustment and promote good macroeconomic policies
during the global financial crisis, leading to sustainable development
and economic integration in the region and contribute to a stronger
economy in Serbia, directly supporting implementation of the Dayton
Accords. I therefore waive the application of Section 658 of the SFOAA
to the extent that provision would otherwise prevent the U.S. Executive
Directors of the IMF from voting in favor of these projects.''
(Department of State Public Notice 6466; 73 F.R. 78864).
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(f) Definitions.--As used in this section:
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the
Federation of Bosnia and Herzegovina, Kosovo,
Montenegro and the Republika Srpska.
(3) Municipality.--The term ``municipality'' means a
city, town or other subdivision within a country or
entity as defined herein.
(4) Dayton accords.--The term ``Dayton Accords''
means the General Framework Agreement for Peace in
Bosnia and Herzegovina, together with annexes relating
thereto, done at Dayton, November 10 through 16, 1995.
user fees
Sec. 659. The Secretary of the Treasury shall instruct the
United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act) and the International
Monetary Fund to oppose any loan, grant, strategy or policy of
these institutions that would require user fees or service
charges on poor people for primary education or primary
healthcare, including prevention, care and treatment for HIV/
AIDS, malaria, tuberculosis, and infant, child, and maternal
well-being, in connection with the institutions' financing
programs.
contribution to the united nations population fund
Sec. 660. (a) Limitations on Amount of Contribution.--Of
the amounts made available under ``International Organizations
and Programs'' and ``Global Health and Child Survival''
accounts for fiscal year 2008, $40,000,000 shall be made
available for the United Nations Population Fund (UNFPA):
Provided, That of this amount, not less than $7,000,000 shall
be derived from funds appropriated under the heading
``International Organizations and Programs''.
(b) Availability of Funds.--Funds appropriated under the
heading ``International Organizations and Programs'' in this
Act that are available for UNFPA, that are not made available
for UNFPA because of the operation of any provision of law,
shall be transferred to the ``Global Health and Child
Survival'' account and shall be made available for family
planning, maternal, and reproductive health activities, subject
to the regular notification procedures of the Committees on
Appropriations.
(c) Prohibition on Use of Funds in China.--None of the
funds made available under this Act may be used by UNFPA for a
country program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Amounts made
available under this Act for UNFPA may not be made available to
UNFPA unless--
(1) UNFPA maintains amounts made available to UNFPA
under this section in an account separate from other
accounts of UNFPA;
(2) UNFPA does not commingle amounts made available
to UNFPA under this section with other sums; and
(3) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of
enactment of this Act, the Secretary of State shall
submit a report to the Committees on Appropriations
indicating the amount of funds that the UNFPA is
budgeting for the year in which the report is submitted
for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that
the UNFPA plans to spend funds for a country program in
the People's Republic of China in the year covered by
the report, then the amount of such funds that the
UNFPA plans to spend in the People's Republic of China
shall be deducted from the funds made available to the
UNFPA after March 1 for obligation for the remainder of
the fiscal year in which the report is submitted.
(f) Nothing in this section shall be construed to limit the
authority of the President to deny funds to any organization by
reason of the application of another provision of this Act or
any other provision of law.
community-based police assistance
Sec. 661. (a) Authority.--Funds made available by title III
of this Act to carry out the provisions of chapter 1 of part I
and chapter 4 of part II of the Foreign Assistance Act of 1961,
may be used, notwithstanding section 660 of that Act, to
enhance the effectiveness and accountability of civilian police
authority through training and technical assistance in human
rights, the rule of law, strategic planning, and through
assistance to foster civilian police roles that support
democratic governance including assistance for programs to
prevent conflict, respond to disasters, address gender-based
violence, and foster improved police relations with the
communities they serve.
(b) Notification.--Assistance provided under subsection (a)
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
special debt relief for the poorest
Sec. 662. (a) Authority to Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of the
United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of
the Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the
Arms Export Control Act; or
(3) any obligation or portion of such obligation, to
pay for purchases of United States agricultural
commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs
authorized pursuant to section 5(f) of the Commodity
Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of
the Agricultural Trade Act of 1978, as amended (Public
Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt
relief and referendum agreements, commonly referred to
as ``Paris Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy
debt burdens that are eligible to borrow from the
International Development Association, but not from the
International Bank for Reconstruction and Development,
commonly referred to as ``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international
narcotics control matters;
(4) (including its military or other security forces)
does not engage in a consistent pattern of gross
violations of internationally recognized human rights;
and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to the funds
appropriated by this Act under the heading ``Debt
Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for the purposes of any provision of law limiting assistance to
a country. The authority provided by subsection (a) may be
exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 or section 321 of the International
Development and Food Assistance Act of 1975.
authority to engage in debt buybacks or sales
Sec. 663. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain
loans.--Notwithstanding any other provision of law, the
President may, in accordance with this section, sell to
any eligible purchaser any concessional loan or portion
thereof made before January 1, 1995, pursuant to the
Foreign Assistance Act of 1961, to the government of
any eligible country as defined in section 702(6) of
that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion
thereof, only for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of
its own qualified debt, only if the eligible
country uses an additional amount of the local
currency of the eligible country, equal to not
less than 40 percent of the price paid for such
debt by such eligible country, or the
difference between the price paid for such debt
and the face value of such debt, to support
activities that link conservation and
sustainable use of natural resources with local
community development, and child survival and
other child development, in a manner consistent
with sections 707 through 710 of the Foreign
Assistance Act of 1961, if the sale, reduction,
or cancellation would not contravene any term
or condition of any prior agreement relating to
such loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance
with this section, establish the terms and conditions
under which loans may be sold, reduced, or canceled
pursuant to this section.
(3) Administration.--The Facility, as defined in
section 702(8) of the Foreign Assistance Act of 1961,
shall notify the administrator of the agency primarily
responsible for administering part I of the Foreign
Assistance Act of 1961 of purchasers that the President
has determined to be eligible, and shall direct such
agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such
agency shall make adjustment in its accounts to reflect
the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection
shall be available only to the extent that
appropriations for the cost of the modification, as
defined in section 502 of the Congressional Budget Act
of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the President
should consult with the country concerning the amount of loans
to be sold, reduced, or canceled and their uses for debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature
swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
basic education
Sec. 664. (a) In General.--Of the funds appropriated by
title III of this Act, not less than $700,000,000 shall be made
available for assistance for developing countries for basic
education, of which not less than $190,000,000 shall be
provided and implemented in countries that have an approved
national education plan.
(b) \22\ Coordinator.--There shall be established within
the Department of State in the immediate office of the Director
of United States Foreign Assistance, a Coordinator of United
States Government activities to provide basic education
assistance in developing countries (hereinafter in this section
referred to as the ``Coordinator'').
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\22\ 22 U.S.C. 2651a note.
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(c) Responsibilities.--That the Coordinator shall have
primary responsibility for the oversight and coordination of
all resources and international activities of the United States
Government that provide assistance in developing countries for
basic education. The individual serving as the Coordinator may
not hold any other position in the Federal Government during
the individual's time of service as Coordinator.
(d) Strategy.--The President shall develop a comprehensive
integrated United States Government strategy to provide
assistance in developing countries for basic education within
90 days of enactment of this Act.
(e) Report to Congress.--Not later than September 30, 2008,
the Secretary of State shall report to the Committees on
Appropriations on the implementation of United States
Government assistance programs in developing countries for
basic education.
(f) Funds appropriated by title II of Public Law 109-102
and provided to the Comptroller General pursuant to section 567
of that Act shall be available until expended and are also
available to the Comptroller General to conduct further
evaluations of basic education programs in developing countries
under the direction of the Committees on Appropriations.
reconciliation programs
Sec. 665. Of the funds appropriated by title III of this
Act under the heading ``Economic Support Fund'', $16,000,000
shall be made available to support reconciliation programs
which bring together individuals of different ethnic, religious
and political backgrounds from areas of civil conflict and war,
and an additional $9,000,000 shall be made available to support
programs in the Middle East: Provided, That the Administrator
of the United States Agency for International Development shall
consult with the Committees on Appropriations, prior to the
initial obligation of funds, on the most effective uses of such
funds.
sudan
Sec. 666. (a) Limitation on Assistance.--Subject to
subsection (b):
(1) Notwithstanding any other provision of law, none
of the funds appropriated by this Act may be made
available for assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may be
made available for the cost, as defined in section 502,
of the Congressional Budget Act of 1974, of modifying
loans and loan guarantees held by the Government of
Sudan, including the cost of selling, reducing, or
canceling amounts owed to the United States, and
modifying concessional loans, guarantees, and credit
agreements.
(b) Subsection (a) shall not apply if the Secretary of
State determines and certifies to the Committees on
Appropriations that:
(1) The Government of Sudan honors its pledges to
cease attacks upon civilians and disarms and
demobilizes the Janjaweed and other government-
supported militias.
(2) The Government of Sudan and all government-
supported militia groups are honoring their commitments
made in all previous cease-fire agreements.
(3) The Government of Sudan is allowing unimpeded
access to Darfur to humanitarian aid organizations, the
human rights investigation and humanitarian teams of
the United Nations, including protection officers, and
an international monitoring team that is based in
Darfur and has the support of the United States.
(c) Exceptions.--The provisions of subsection (a) shall not
apply to--
(1) humanitarian assistance;
(2) assistance for the Darfur region, Southern Sudan,
Southern Kordofan/Nuba Mountains State, Blue Nile
State, and Abyei; and
(3) assistance to support implementation of the
Comprehensive Peace Agreement and the Darfur Peace
Agreement or any other internationally-recognized
viable peace agreement in Sudan.
(d) Definitions.--For the purposes of this Act, the term
``Government of Sudan'' shall not include the Government of
Southern Sudan.
(e) \23\ Notwithstanding any other law, assistance in this
Act may be made available to the Government of Southern Sudan
to provide non-lethal military assistance, military education
and training, and defense services controlled under the
International Traffic in Arms Regulations (22 CRF 120.1 et
seq.) \24\ if the Secretary of State--
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\23\ On April 28, 2008, the Deputy Secretary of State determined
``that the provision to the Government of Southern Sudan of non-lethal
military assistance, military education and training, and defense
services controlled under the International Traffic in Arms regulations
is in the national interest of the United States, and that such
assistance may be provided pursuant to section 666(e).'' (Department of
State Public Notice 6231; 73 F.R. 28545).
\24\ As enrolled; should read ``22 CFR 120.1 et seq.''.
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(1) determines that the provision of such items is in
the national interest of the United States; and
(2) not later than 15 days before the provision of
any such assistance, notifies the Committees on
Appropriations and the Committee on Foreign Relations
in the Senate and the Committee on Foreign Affairs in
the House of Representatives of such determination.
(f) Chad.--Notwithstanding any other provision of law, of
the funds appropriated by this Act for assistance for Sudan, up
to $5,000,000 shall be made available for administrative and
other expenses of the United States Agency for International
Development in Chad.
trade capacity building
Sec. 667. Of the funds appropriated by this Act, under the
headings ``Development Assistance'', ``Assistance for Eastern
Europe and the Baltic States'', ``Economic Support Fund'',
``Andean Counterdrug Programs'', and ``Assistance for the
Independent States of the Former Soviet Union'', not less than
$550,000,000 should be made available for trade capacity
building assistance.
transparency and accountability
Sec. 668. (a) Public Disclosure.--Ten percent of the funds
appropriated in this Act under the heading ``International
Organizations and Programs'' for a contribution to any United
Nations agency may be withheld from disbursement if the
Secretary of State reports to the Committees on Appropriations
that such agency does not have or is not implementing a policy
of posting on a publicly available website information such as:
(1) audits, budget reports, and information related to
procurement activities; (2) procedures for protecting
whistleblowers; and (3) efforts to ensure the independence of
internal oversight bodies, adopt international public sector
accounting standards, and limit administrative costs.
(b) United Nations Development Program.--Twenty percent of
the funds appropriated by this Act under the heading
``International Organizations and Programs'' for a United
States contribution to the United Nations Development Program
(UNDP) shall be withheld from disbursement until the Secretary
of State reports to the Committees on Appropriations that UNDP
is--
(1) giving adequate access to information to the
Department of State regarding UNDP's programs and
activities as requested, including in North Korea and
Burma;
(2) conducting oversight of UNDP programs and
activities globally; and
(3) implementing a whistleblower protection policy
equivalent to that recommended by the United Nations
Secretary General on December 3, 2007.
(c)(1) World Bank.--Ten percent of the funds appropriated
by this Act under the heading ``International Development
Association'' shall be withheld from disbursement until the
Secretary of the Treasury reports to the Committees on
Appropriations that--
(A) the World Bank has made publicly available, in an
appropriate manner, financial disclosure forms of
senior World Bank personnel, including those at the
level of managing director, vice president, and above;
(B) the World Bank has established a plan and
maintains a schedule for conducting regular,
independent audits of internal management controls and
procedures for meeting operational objectives, and is
making reports describing the scope and findings of
such audits available to the public;
(C) the World Bank is adequately staffing and
sufficiently funding the Department of Institutional
Integrity;
(D) the World Bank has made publicly available the
reports of the Department of Institutional Integrity,
and any subsequent review of corrective actions for
such reports, including, but not limited to, the
November 23, 2005 ``Report of Investigation into
Reproductive and Child Health I Project Credit N0180
India'', and the May 2006 report on Credit Number 3703
DRC, Grant number H193 DRC, and Grant number H010 DRC;
and
(E) the World Bank is implementing the
recommendations of the ``Volcker Panel'' report in a
timely manner.
(2) Anticorruption Provisions.--In addition to the funds
withheld in subsection (b)(1), 10 percent of the funds
appropriated by this Act under the heading ``International
Development Association'' shall be withheld from disbursement
until the Secretary of the Treasury reports to the Committees
on Appropriations on the extent to which the World Bank has
completed the following:
(A) World Bank procurement guidelines, including the
World Bank's Standard Bidding Documents, have been
applied to all procurement financed in whole or in part
by a loan from the World Bank or a credit agreement or
grant from the International Development Association
(IDA);
(B) the World Bank maintains a strong central
procurement office staffed with senior experts who are
designated to address commercial concerns, questions,
and complaints regarding procurement procedures and
payments under IDA and World Bank projects;
(C) thresholds for international competitive bidding
have been established to maximize international
competitive bidding in accordance with sound
procurement practices, including transparency,
competition, and cost-effective results for the
Borrowers;
(D) the World Bank is consulting with the appropriate
private and public sector representatives regarding
implementation of the country procurement pilots
outlined in the June 2007 report to the Board; and
(E) all countries selected for the procurement pilot
program must adhere to all World Bank anti-fraud and
anti-corruption policies and must demonstrate a strong
anti-fraud enforcement record.
(d) Report.--
(1)(A) The Comptroller General of the United States
shall conduct an assessment of the programs and
activities funded under the heading ``Millennium
Challenge Corporation'' (MCC) in this Act and prior
Acts making appropriations for foreign operations,
export financing, and related programs to include a
review of the financial controls and procurement
practices of the Corporation and its accountable
entities, and the results achieved by MCC's compacts.
(B) Of the funds appropriated under the heading
``Millennium Challenge Corporation'' in this Act, up to
$250,000 shall be made available to the Comptroller for
the requirements of subsection (1)(A).
(2)(A) The Comptroller General of the United States
shall conduct an assessment of the HIV/AIDS programs
and activities funded under the headings ``Child
Survival and Health Programs Fund'', ``Global HIV/AIDS
Initiative'', and ``Global Health and Child Survival''
in this Act and prior Acts making appropriations for
foreign operations, export financing, and related
programs to include a review of the procurement and
results monitoring activities of United States
bilateral HIV/AIDS programs. The assessment should also
address the impact of Global HIV/AIDS Initiative
funding on other United States global health
programming.
(B) Of the funds appropriated under the heading
``Global Health and Child Survival'', up to $125,000
shall be made available to the Comptroller for the
requirements of subsection (2)(A).
(e) National Budget Transparency.--
(1) None of the funds appropriated by this Act may be
made available for assistance for the central
government of any country that fails to make publicly
available on an annual basis its national budget, to
include income and expenditures.
(2) The Secretary of State may waive subsection
(e)(1) if the Secretary reports to the Committees on
Appropriations that to do so is in the national
interests of the United States.
(3) The reporting requirement pursuant to section
585(b) of Public Law 108-7 regarding fiscal
transparency and accountability in countries whose
central governments receive United States foreign
assistance shall apply to this Act.
excess defense articles for central and south european countries and
certain other countries
Sec. 669. Notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year
2008, funds available to the Department of Defense may be
expended for crating, packing, handling, and transportation of
excess defense articles transferred under the authority of
section 516 of such Act to Albania, Afghanistan, Bulgaria,
Croatia, Estonia, Former Yugoslavian Republic of Macedonia,
Georgia, India, Iraq, Kazakhstan, Kyrgyzstan, Latvia,
Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia,
Tajikistan, Turkmenistan, and Ukraine.
gender-based violence
Sec. 670. Programs funded under titles III and IV of this
Act that provide training for foreign police, judicial, and
military officials, shall include, where appropriate, programs
and activities that address gender-based violence.
limitation on economic support fund assistance for certain foreign
governments that are parties to the international criminal court
Sec. 671. (a) None of the funds made available in this Act
under the heading ``Economic Support Fund'' may be used to
provide assistance to the government of a country that is a
party to the International Criminal Court and has not entered
into an agreement with the United States pursuant to Article 98
of the Rome Statute preventing the International Criminal Court
from proceeding against United States personnel present in such
country.
(b) The President may, with prior notice to Congress, waive
the prohibition of subsection (a) with respect to a North
Atlantic Treaty Organization (NATO) member country, a major
non-NATO ally (including Australia, Egypt, Israel, Japan,
Jordan, Argentina, the Republic of Korea, and New Zealand),
Taiwan, or such other country as he may determine if he
determines and reports to the appropriate congressional
committees that it is important to the national interests of
the United States to waive such prohibition.
(c) The President may, with prior notice to Congress, waive
the prohibition of subsection (a) with respect to a particular
country if he determines and reports to the appropriate
congressional committees that such country has entered into an
agreement with the United States pursuant to Article 98 of the
Rome Statute preventing the International Criminal Court from
proceeding against United States personnel present in such
country.
(d) The prohibition of this section shall not apply to
countries otherwise eligible for assistance under the
Millennium Challenge Act of 2003, notwithstanding section
606(a)(2)(B) of such Act.
western hemisphere
Sec. 672. (a) Central and South America.--Of the funds
appropriated by this Act under the headings ``Global Health and
Child Survival'' and ``Development Assistance'', not less than
the amount of funds initially allocated for each such account
pursuant to section 653(a) of the Foreign Assistance Act of
1961 for fiscal year 2007 shall be made available for El
Salvador, Guatemala, Nicaragua, Honduras, Ecuador, Peru,
Bolivia, Brazil, Latin America and Caribbean Regional, Central
America Regional, and South America Regional: Provided, That
for the purposes of this subsection, ``Global Health and Child
Survival'' shall mean ``Child Survival and Health Programs
Fund''.
(b) Haiti.--
(1) The Government of Haiti shall be eligible to
purchase defense articles and services under the Arms
Export Control Act (22 U.S.C. 2751 et seq.), for the
Coast Guard.
(2) Of the funds appropriated by this Act under
titles III and IV, not less than $201,584,000 shall be
available for assistance for Haiti.
(3) None of the funds made available by this Act
under the heading ``International Narcotics Control and
Law Enforcement'' may be used to transfer excess
weapons, ammunition or other lethal property of an
agency of the United States Government to the
Government of Haiti for use by the Haitian National
Police until the Secretary of State certifies to the
Committees on Appropriations that any members of the
Haitian National Police who have been credibly alleged
to have committed serious crimes, including drug
trafficking and human rights violations, have been
suspended and the Haitian Government is cooperating in
a reform and restructuring plan for the Haitian
National Police and the reform of the judicial system
as called for in United Nations Security Council
Resolution 1608 adopted on June 22, 2005.
(c) Dominican Republic.--Of the funds appropriated by this
Act under the headings ``Global Health and Child Survival'' and
``Development Assistance'', not less than $23,000,000 shall be
made available for assistance for the Dominican Republic, of
which not less than $5,000,000 shall be made available for
basic health care, nutrition, sanitation, education, and
shelter for migrant workers and other residents of batey
communities.
(d) \25\ Assistance for Guatemala.--
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\25\ On May 22, 2008, the Deputy Secretary of State made the
determinations and certifications required in this subsection
(Department of State Public Notice 6250; 73 F.R. 32381).
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(1) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'' that are available
for assistance for Guatemala, not less than $4,000,000
shall be made available for a United States
contribution to the International Commission Against
Impunity in Guatemala (CICIG).
(2) Funds appropriated by this Act under the heading
``International Military Education and Training''
(IMET) that are available for assistance for Guatemala,
other than for expanded IMET, may be made available
only for the Guatemalan Air Force, Navy and Army Corps
of Engineers: Provided, That assistance for the
Guatemalan Army Corps of Engineers shall only be
available for training to improve disaster response
capabilities and to participate in international
peacekeeping operations: Provided further, That such
funds may be made available only if the Secretary of
State certifies that the Guatemalan Air Force, Navy and
Army Corps of Engineers are respecting human rights and
are cooperating with civilian judicial investigations
and prosecutions of current and retired military
personnel who have been credibly alleged to have
committed violations of human rights.
(3) Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'', not
more than $500,000 may be made available for the
Guatemalan Air Force and Navy: Provided, That such
funds may be made available only if the Secretary of
State certifies that the Guatemalan Air Force and Navy
are respecting human rights and are cooperating with
civilian judicial investigations and prosecutions of
current and retired military personnel who have been
credibly alleged to have committed violations of human
rights, and the Guatemalan Armed Forces are fully
cooperating (including access for investigators, the
provision of documents and other evidence, and
testimony of witnesses) with the CICIG.
(e) Free Trade Agreements.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not less
than $10,000,000 shall be made available for labor and
environmental capacity building activities relating to the free
trade agreements with countries of Central America and the
Dominican Republic.
(f) Notification Requirement.--Funds made available in this
Act for assistance for Guatemala and Haiti under the headings
referred to in this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
zimbabwe
Sec. 673.\26\ The Secretary of the Treasury shall instruct
the United States executive director to each international
financial institution to vote against any extension by the
respective institution of any loans to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule of
law has been restored in Zimbabwe, including respect for
ownership and title to property, freedom of speech and
association.
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\26\ 22 U.S.C. 2151 note.
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development grants program
Sec. 674.\27\ (a) Establishment of the Program.--There is
established within the United States Agency for International
Development (USAID) a Development Grants Program (DGP) to
provide small grants to United States and indigenous
nongovernmental organizations for the purpose of carrying out
the provisions of chapters 1 and 10 of part I and chapter 4 of
part II of the Foreign Assistance Act of 1961.
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\27\ Secs. 7061 and 7065 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2009 (division H
of Public Law 111-8; 123 Stat. 898; 899), provide the following:
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``development grants program
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``Sec. 7061. Of the funds appropriated by this Act under the
heading `Development Assistance', not less than $40,000,000 shall be
made available for the Development Grants Program established pursuant
to section 674 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of Public Law
110-161): Provided, That funds made available under this section are in
addition to other funds available for such purposes including funds
designated by this Act by section 7065.
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* * * * * * *
``reconciliation programs
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``Sec. 7065. Of the funds appropriated under the headings
`Development Assistance' and `Economic Support Fund' in this Act,
$25,000,000 shall be made available for reconciliation programs which
bring together and facilitate interaction between individuals of
different ethnic, religious and political backgrounds from areas of
civil conflict and war, of which $9,000,000 shall be made available for
such programs in the Middle East: Provided, That the Administrator of
the United States Agency for International Development shall consult
with the Committees on Appropriations, prior to the initial obligation
of funds, on the most effective uses of such funds.''.
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(b) Eligibility for Grants.--Grants from the DGP shall be
made only for proposals of nongovernmental organizations.
(c) Competition.--Grants made pursuant to the authority of
this section shall be provided through an open, transparent and
competitive process.
(d) Size of Program and Individual Grants.--
(1) Of the funds appropriated by this Act to carry
out chapter 1 of part I and chapter 4 of part II of the
Foreign Assistance Act of 1961, not less than
$50,000,000 shall be made available for purposes of
this section: Provided, That not more than 50 percent
of this amount shall be derived from funds appropriated
to carry out chapter 1 of part I of such Act.
(2) No individual organization can receive grants, or
grant amendments, made pursuant to this section in
excess of $2,000,000.
(e) Availability of Other Funds.--Funds made available
under this section are in addition to other funds available for
such purposes including funds designated by this Act by section
665.
(f) Definition.--For purposes of this section, the term
``nongovernmental organization'' means a private voluntary
organization, and shall not include entities owned in whole or
in part by a government or governmental entity.
(g) Report.--Within 90 days from the date of enactment of
this Act, and after consultation with the Committees on
Appropriations, the Administrator of USAID shall submit a
report to those Committees describing the procedures and
mechanisms USAID will use to implement this section.
disaster assistance and recovery
Sec. 675. Funds made available to the Comptroller General
under chapter 4 of title I of the Emergency Supplemental
Appropriations Act (Public Law 106-31; 113 Stat. 69) and
section 593 of the Foreign Operations, Export Financing, and
Programs Agencies Appropriations Act, 2001 (Public Law 106-429;
114 Stat. 1900A-59) to monitor the provisions of assistance to
address the effects of hurricanes in Central America and the
Caribbean and the earthquake in Colombia, and to monitor the
earthquake relief and reconstruction efforts in El Salvador
under section 561 of the Foreign Operations, Export Financing,
and Programs Agencies Appropriations Act, 2002 (Public Law 107-
115; 115 Stat. 2162) shall also be available to the Comptroller
General to monitor any other disaster assistance and recovery
effort.
united states agency for international development management
(including transfer of funds)
Sec. 676.\28\ (a) Authority.--Up to $81,000,000 of the
funds made available in title III of this Act to carry out the
provisions of part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for
Eastern Europe and the Baltic States'', may be used by the
United States Agency for International Development (USAID) to
hire and employ individuals in the United States and overseas
on a limited appointment basis pursuant to the authority of
sections 308 and 309 of the Foreign Service Act of 1980.
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\28\ 22 U.S.C. 3948 note.
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(b) Restrictions.--
(1) The number of individuals hired in any fiscal
year pursuant to the authority contained in subsection
(a) may not exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2009.
(c) Conditions.--The authority of subsection (a) may only
be used to the extent that an equivalent number of positions
that are filled by personal services contractors or other non-
direct hire employees of USAID, who are compensated with funds
appropriated to carry out part I of the Foreign Assistance Act
of 1961, including funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'', are
eliminated.
(d) Priority Sectors.--In exercising the authority of this
section, primary emphasis shall be placed on enabling USAID to
meet personnel positions in technical skill areas currently
encumbered by contractor or other non-direct hire personnel.
(e) Consultations.--The USAID Administrator shall consult
with the Committees on Appropriations at least on a quarterly
basis concerning the implementation of this section.
(f) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority of
this section shall be the account to which such individual's
responsibilities primarily relate. Funds made available to
carry out this section may be transferred to and merged and
consolidated with funds appropriated for ``Operating Expenses
of the United States Agency for International Development''.
(g) Management Reform Pilot.--Of the funds made available
in subsection (a), USAID may use, in addition to funds
otherwise available for such purposes, up to $15,000,000 to
fund overseas support costs of members of the Foreign Service
with a Foreign Service rank of four or below: Provided, That
such authority is only used to reduce USAID's reliance on
overseas personal services contractors or other non-direct hire
employees compensated with funds appropriated to carry out part
I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Eastern Europe
and the Baltic States''.
(h) Disaster Surge Capacity.--Funds appropriated under
title III of this Act to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under the
heading ``Assistance for Eastern Europe and the Baltic
States'', may be used, in addition to funds otherwise available
for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by the United States
Agency for International Development whose primary
responsibility is to carry out programs in response to natural
disasters.
opic transfer authority
(including transfer of funds)
Sec. 677. Whenever the President determines that it is in
furtherance of the purposes of the Foreign Assistance Act of
1961, up to a total of $20,000,000 of the funds appropriated
under title III of this Act may be transferred to and merged
with funds appropriated by this Act for the Overseas Private
Investment Corporation Program Account, to be subject to the
terms and conditions of that account: Provided, That such funds
shall not be available for administrative expenses of the
Overseas Private Investment Corporation: Provided further, That
designated funding levels in this Act shall not be transferred
pursuant to this section: Provided further, That the exercise
of such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
reporting requirement
Sec. 678. The Secretary of State shall provide the
Committees on Appropriations, not later than April 1, 2008, and
for each fiscal quarter, a report in writing on the uses of
funds made available under the headings ``Foreign Military
Financing Program'', ``International Military Education and
Training'', and ``Peacekeeping Operations'': Provided, That
such report shall include a description of the obligation and
expenditure of funds, and the specific country in receipt of,
and the use or purpose of the assistance provided by such
funds.
indonesia
Sec. 679. (a) Of the funds appropriated by this Act under
the heading ``Foreign Military Financing Program'' up to
$15,700,000 may be made available for assistance for Indonesia
as follows--
(1) Of the amount provided in subsection (a),
$13,000,000 may be made available upon enactment of
this Act.
(2) Of the amount provided in subsection (a),
$2,700,000 may not be made available until the
Secretary of State reports to the Committees on
Appropriations--
(A) on the steps taken by the Government of
Indonesia on the following--
(i) prosecution and punishment, in a
manner proportional to the crime, for
members of the Armed Forces who have
been credibly alleged to have committed
gross violations of human rights in
Timor-Leste and elsewhere, and
cooperation by the Armed Forces with
civilian judicial authorities and with
international efforts to resolve cases
of gross violations of human rights;
and
(ii) implementation by the Armed
Forces of reforms to increase the
transparency and accountability of
their operations and financial
management; and
(B) that the Government of Indonesia has
written plans to effectively provide
accountability for past violations of human
rights by members of the Armed Forces, and is
implementing plans to effectively allow public
access to Papua and to pursue the criminal
investigation and provide the projected
timeframe for completing the investigation of
the murder of Munir Said Thalib.
(b) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are available for assistance for
Indonesia, not less than $250,000 should be made available for
grants for capacity building of Indonesian human rights
organizations, including in Papua.
limitation on basing in iraq
Sec. 680. None of the funds made available in this Act may
be used by the Government of the United States to enter into a
permanent basing rights agreement between the United States and
Iraq.
prohibition on use of torture
Sec. 681. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture, cruel or inhumane treatment by any official or
contract employee of the United States Government.
report on indonesia
Sec. 682. Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations that describes--
(1) the steps taken by the Government of Indonesia to
deny promotion, suspend from active service, and pursue
prosecution of military officers indicted for serious
crimes, and the extent to which past and present
Indonesian military officials are cooperating with
domestic inquiries into human rights abuses, including
the forced disappearance and killing of student
activists in 1998 and 1999;
(2) the responses of the Governments of Indonesia and
Timor-Leste to the Final Report of the Commission for
Reception, Truth and Reconciliation in Timor-Leste and
the June 2006 report of the report to the Secretary-
General of the Commission of Experts to Review the
Prosecution of Serious Violations of Human Rights in
Timor-Leste in 1999; and
(3) the steps taken by the Indonesian military to
divest itself of illegal businesses.
extradition
Sec. 683. (a) None of the funds appropriated in this Act
for the Department of State may be used to provide assistance
(other than funds provided under the headings ``International
Narcotics Control and Law Enforcement'', ``Migration and
Refugee Assistance'', ``Emergency Migration and Refugee
Assistance'', and ``Nonproliferation, Anti-terrorism, Demining
and Related Assistance'') for the central government of a
country which has notified the Department of State of its
refusal to extradite to the United States any individual
indicted for a criminal offense for which the maximum penalty
is life imprisonment without the possibility of parole or for
killing a law enforcement officer, as specified in a United
States extradition request.
(b) Subsection (a) shall only apply to the central
government of a country with which the United States maintains
diplomatic relations and with which the United States has an
extradition treaty and the government of that country is in
violation of the terms and conditions of the treaty.
(c) The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary
certifies to the Committees on Appropriations that such waiver
is important to the national interests of the United States.
environment and energy programs
Sec. 684. (a) Biodiversity.--Of the funds appropriated
under the heading ``Development Assistance'', not less than
$195,000,000 shall be made available for programs and
activities which directly protect biodiversity, including
forests, in developing countries, of which not less than the
amount of funds initially allocated pursuant to section 653(a)
of the Foreign Assistance Act of 1961 for fiscal year 2006
shall be made available for such activities in Brazil,
Colombia, Ecuador, Peru and Bolivia, and that in addition to
such amounts for such countries not less than $15,000,000 shall
be made available for the United States Agency for
International Development's Amazon Basin Conservation
Initiative: Provided, That of the funds appropriated by this
Act, not less than $2,000,000 should be made available for
wildlife conservation and protected area management in the
Boma-Jonglei landscape of Southern Sudan, and not less than
$17,500,000 shall be made available for the Congo Basin Forest
Partnership of which not less than $2,500,000 shall be made
available to the United States Fish and Wildlife Service for
great apes conservation programs in Central Africa.
(b) Energy.--
(1) Of the funds appropriated by this Act, not less
than $195,000,000 shall be made available to support
clean energy and other climate change programs in
developing countries, of which not less than
$125,000,000 should be made available to directly
promote and deploy energy conservation, energy
efficiency, and renewable and clean energy technologies
with an emphasis on small hydro, solar and wind energy,
and of which the balance should be made available to
directly: (1) reduce greenhouse gas emissions; (2)
increase carbon sequestration activities; and (3)
support climate change mitigation and adaptation
programs.
(2) \29\ The Secretary of State shall convene an
interagency committee, including appropriate officials
of the Department of State, the United States Agency
for International Development, and the Environmental
Protection Agency, to evaluate the specific needs of
developing countries in adapting to climate change
impacts: Provided, That the Secretary shall submit a
report to the Committees on Appropriations not later
than September 1, 2008, describing such needs, on a
country-by-country and regional basis, and the actions
planned and being taken by the United States, including
funding provided to developing countries specifically
for adaptation to climate change impacts.
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\29\ On August 7, 2008, the Deputy Secretary of State delegated
this authority to the Under Secretary of State for Democracy and Global
Affairs (Department of State Delegation of Authority No. 315; 73 F.R.
49230).
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(c) Extraction of Natural Resources.--
(1) The Secretary of the Treasury shall inform the
managements of the international financial institutions
and the public that it is the policy of the United
States that any assistance by such institutions
(including but not limited to any loan, credit, grant,
or guarantee) for the extraction and export of oil,
gas, coal, timber, or other natural resource should not
be provided unless the government of the country has in
place functioning systems for: (A) accurately
accounting for payments for companies involved in the
extraction and export of natural resources; (B) the
independent auditing of accounts receiving such
payments and the widespread public dissemination of the
findings of such audits; and (C) verifying government
receipts against company payments including widespread
dissemination of such payment information, and
disclosing such documents as Host Government
Agreements, Concession Agreements, and bidding
documents, allowing in any such dissemination or
disclosure for the redaction of, or exceptions for,
information that is commercially proprietary or that
would create competitive disadvantage.
(2) Not later than 180 days after the enactment of
this Act, the Secretary of the Treasury shall submit a
report to the Committees on Appropriations describing,
for each international financial institution, the
amount and type of assistance provided, by country, for
the extraction and export of oil, gas, coal, timber, or
other natural resources since September 30, 2006, and
whether each institution considered, in its proposal
for such assistance, the extent to which the country
has functioning systems described in paragraph (c)(1).
uzbekistan
Sec. 685. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of
Uzbekistan only if the Secretary of State determines and
reports to the Committees on Appropriations that the Government
of Uzbekistan is making substantial and continuing progress--
(1) in meeting its commitments under the
``Declaration on the Strategic Partnership and
Cooperation Framework Between the Republic of
Uzbekistan and the United States of America'',
including respect for human rights, establishing a
genuine multi-party system, and ensuring free and fair
elections, freedom of expression, and the independence
of the media; and
(2) in investigating and prosecuting the individuals
responsible for the deliberate killings of civilians in
Andijan in May 2005.
(b) If the Secretary of State has credible evidence that
any current or former official of the Government of Uzbekistan
was responsible for the deliberate killings of civilians in
Andijan in May 2005, or for other gross violations of human
rights in Uzbekistan, not later than 6 months after enactment
of this Act any person identified by the Secretary pursuant to
this subsection shall be ineligible for admission to the United
States.
(c) The restriction in subsection (b) shall cease to apply
if the Secretary determines and reports to the Committees on
Appropriations that the Government of Uzbekistan has taken
concrete and measurable steps to improve respect for
internationally recognized human rights, including allowing
peaceful political and religious expression, releasing
imprisoned human rights defenders, and implementing
recommendations made by the United Nations on torture.
(d) The Secretary may waive the application of subsection
(b) if the Secretary determines that admission to the United
States is necessary to attend the United Nations or to further
United States law enforcement objectives.
(e) For the purpose of this section ``assistance'' shall
include excess defense articles.
repression in the russian federation
Sec. 686. (a) None of the funds appropriated for assistance
under this Act may be made available for the Government of the
Russian Federation, after 180 days from the date of the
enactment of this Act, unless the President determines and
certifies in writing to the Committees on Appropriations that
the Government of the Russian Federation: (1) has implemented
no statute, Executive order, regulation or similar government
action that would discriminate, or which has as its principal
effect discrimination, against religious groups or religious
communities in the Russian Federation in violation of accepted
international agreements on human rights and religious freedoms
to which the Russian Federation is a party; and (2) is (A)
honoring its international obligations regarding freedom of
expression, assembly, and press, as well as due process; (B)
investigating and prosecuting law enforcement personnel
credibly alleged to have committed human rights abuses against
political leaders, activists and journalists; and (C)
immediately releasing political leaders, activists and
journalists who remain in detention.
(b) \30\ The Secretary of State may waive the requirements
of subsection (a) if the Secretary determines that to do so is
important to the national interests of the United States.
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\30\ On June 25, 2008, the Secretary of State exercised this waiver
authority (Department of State Public Notice 6286; 73 F.R. 40007).
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war crimes in africa
Sec. 687. (a) The Congress reaffirms its support for the
efforts of the International Criminal Tribunal for Rwanda
(ICTR) and the Special Court for Sierra Leone (SCSL) to bring
to justice individuals responsible for war crimes and crimes
against humanity in a timely manner.
(b) Funds appropriated by this Act, including funds for
debt restructuring, may be made available for assistance to the
central government of a country in which individuals indicted
by ICTR and SCSL are credibly alleged to be living, if the
Secretary of State determines and reports to the Committees on
Appropriations that such government is cooperating with ICTR
and SCSL, including the surrender and transfer of indictees in
a timely manner: Provided, That this subsection shall not apply
to assistance provided under section 551 of the Foreign
Assistance Act of 1961 or to project assistance under title II
of this Act: Provided further, That the United States shall use
its voice and vote in the United Nations Security Council to
fully support efforts by ICTR and SCSL to bring to justice
individuals indicted by such tribunals in a timely manner.
(c) The prohibition in subsection (b) may be waived on a
country by country basis if the President determines that doing
so is in the national security interest of the United States:
Provided, That prior to exercising such waiver authority, the
President shall submit a report to the Committees on
Appropriations, in classified form if necessary, on--
(1) the steps being taken to obtain the cooperation
of the government in surrendering the indictee in
question to the court of jurisdiction;
(2) a strategy, including a timeline, for bringing
the indictee before such court; and
(3) the justification for exercising the waiver
authority.
combatting piracy of united states copyrighted materials
Sec. 688. (a) Program Authorized.--The Secretary of State
may carry out a program of activities to combat piracy in
countries that are not members of the Organization for Economic
Cooperation and Development, including activities as follows:
(1) The provision of equipment and training for law
enforcement, including in the interpretation of
intellectual property laws.
(2) The provision of training for judges and
prosecutors, including in the interpretation of
intellectual property laws.
(3) The provision of assistance in complying with
obligations under applicable international treaties and
agreements on copyright and intellectual property.
(b) Consultation With World Intellectual Property
Organization.--In carrying out the program authorized by
subsection (a), the Secretary shall, to the maximum extent
practicable, consult with and provide assistance to the World
Intellectual Property Organization in order to promote the
integration of countries described in subsection (a) into the
global intellectual property system.
(c) Funding.--Of the amount appropriated or otherwise made
available under the heading ``International Narcotics Control
and Law Enforcement'', $5,000,000 may be made available in
fiscal year 2008 for the program authorized by subsection (a).
neglected tropical diseases
Sec. 689. Of the funds appropriated under the heading
``Global Health and Child Survival'', not less than $15,000,000
shall be made available to support the United States Agency for
International Development's ongoing program to implement an
integrated response to the control of neglected diseases
including intestinal parasites, schistosomiasis, lymphatic
filariasis, onchocerciasis, trachoma and leprosy: Provided,
That the Administrator of the United States Agency for
International Development shall consult with the Committees on
Appropriations, representatives from the relevant international
technical and nongovernmental organizations addressing the
specific diseases, recipient countries, donor countries, the
private sector, UNICEF and the World Health Organization: (1)
on the most effective uses of such funds to demonstrate the
health and economic benefits of such an approach; and (2) to
develop a multilateral, integrated initiative to control these
diseases that will enhance coordination and effectiveness and
maximize the leverage of United States contributions with those
of other donors: Provided further, That funds made available
pursuant to this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
egypt
Sec. 690. (a) Of the funds appropriated by this Act under
the heading ``Foreign Military Financing Program'' or under the
heading ``Economic Support Fund'' that are available for
assistance for Egypt, $100,000,000 shall not be made available
for obligation until the Secretary of State certifies and
reports to the Committees on Appropriations that the Government
of Egypt has taken concrete and measurable steps to--
(1) adopt and implement judicial reforms that protect
the independence of the judiciary;
(2) review criminal procedures and train police
leadership in modern policing to curb police abuses;
and
(3) detect and destroy the smuggling network and
tunnels that lead from Egypt to Gaza.
(b) \31\ Not less than 45 days after enactment of this Act,
the Secretary may waive subsection (a) if the Secretary
determines and reports to the Committees on Appropriations that
such waiver is in the national security interest of the United
States.
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\31\ On February 29, 2008, the Deputy Secretary of State exercised
this waiver authority (Department of State Public Notice 6139; 73 F.R.
15041).
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relief for iraqi, montagnards, hmong and other refugees who do not pose
a threat to the united states
Sec. 691. (a) Amendment to Authority to Determine the Bar
to Admission Inapplicable.--Section 212(d)(3)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)) is
amended * * *
(b) Automatic Relief for the Hmong and Other Groups That Do
Not Pose a Threat to the United States.--For purposes of
section 212(a)(3)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)), the Karen National Union/Karen
Liberation Army (KNU/KNLA), the Chin National Front/Chin
National Army (CNF/CNA), the Chin National League for Democracy
(CNLD), the Kayan New Land Party (KNLP), the Arakan Liberation
Party (ALP), the Mustangs, the Alzados, the Karenni National
Progressive Party, the African National Congress (ANC),\32\ and
appropriate groups affiliated with the Hmong and the
Montagnards shall not be considered to be a terrorist
organization on the basis of any act or event occurring before
the date of enactment of this section. Nothing in this
subsection may be construed to alter or limit the authority of
the Secretary of State or the Secretary of Homeland Security to
exercise his discretionary authority pursuant to section
212(d)(3)(B)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(3)(B)(i)).
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\32\ Sec. 2 of Public Law 110-257 (122 Stat. 2426) inserted ``the
African National Congress (ANC),'' after ``the Karenni National
Progressive Party,''.
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(c) Technical Correction.--Section 212(a)(3)(B)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)) is
amended * * *
(d) Designation of the Taliban as a Terrorist
Organization.--For purposes of section 212(a)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), the
Taliban shall be considered to be a terrorist organization
described in subclause (I) of clause (vi) of that section.
(e) \33\ Report on Duress Waivers.--The Secretary of
Homeland Security shall provide to the Committees on the
Judiciary of the United States Senate and House of
Representatives a report, not less than 180 days after the
enactment of this Act and every year thereafter, which may
include a classified annex, if appropriate, describing--
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\33\ 8 U.S.C. 1182 note.
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(1) the number of individuals subject to removal from
the United States for having provided material support
to a terrorist group who allege that such support was
provided under duress;
(2) a breakdown of the types of terrorist
organizations to which the individuals described in
paragraph (1) have provided material support;
(3) a description of the factors that the Department
of Homeland Security considers when evaluating duress
waivers; and
(4) any other information that the Secretary believes
that the Congress should consider while overseeing the
Department's application of duress waivers.
(f) \33\ Effective Date.--The amendments made by this
section shall take effect on the date of enactment of this
section, and these amendments and sections 212(a)(3)(B) and
212(d)(3)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B) and 1182(d)(3)(B)), as amended by these sections,
shall apply to--
(1) removal proceedings instituted before, on, or
after the date of enactment of this section; and
(2) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after such date.
report on anti-corruption activities
Sec. 692. Not later than August 1, 2008, the Secretary of
State, in consultation with the Administrator of the United
States Agency for International Development and the Chief
Executive Officer of the Millennium Challenge Corporation,
shall submit to the Committees on Appropriations a report on
the level of corruption in each country that receives
development assistance appropriated in this Act.
democracy, the rule of law, and governance in iran
Sec. 693. Of the funds appropriated in this Act,
$60,000,000 should be made available for programs to promote
democracy, the rule of law, and governance in Iran.
denial of visas related to removal of aliens
Sec. 694. None of the funds made available in this Act may
be expended in violation of section 243(d) of the Immigration
and Nationality Act (8 U.S.C. 1253(d)) (relating to
discontinuing granting visas to nationals of countries that are
denying or delaying accepting aliens removed from the United
States).
united nations human rights council
Sec. 695. (a) None of the funds appropriated by this Act
may be made available for a United States contribution to the
United Nations Human Rights Council.
(b) The prohibition under subsection (a) shall not apply
if--
(1) the Secretary of State certifies to the
Committees on Appropriations that the provision of
funds to support the United Nations Human Rights
Council is in the national interest of the United
States; or
(2) the United States is a member of the Human Rights
Council.
attendance at international conferences
Sec. 696. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of agencies or departments of the United
States Government who are stationed in the United States, at
any single international conference occurring outside the
United States, unless the Secretary of State determines that
such attendance is in the national interest: Provided, That for
purposes of this section the term ``international conference''
shall mean a conference attended by representatives of the
United States Government and representatives of foreign
governments, international organizations, or nongovernmental
organizations.
saudi arabia
Sec. 697. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance any assistance to Saudi Arabia: Provided, That the
President may waive the prohibition of this section if the
President certifies to the Committees on Appropriations, 15
days prior to the obligation of funds for assistance for Saudi
Arabia, that Saudi Arabia is cooperating with efforts to combat
international terrorism and that the proposed assistance will
help facilitate that effort.
central asia
Sec. 698. (a) Funds appropriated by this Act may be made
available for assistance for the Government of Kazakhstan only
if the Secretary of State determines and reports to the
Committees on Appropriations that the Government of Kazakhstan
has made significant improvements in the protection of human
rights and civil liberties during the preceding 6 month period,
including by fulfilling obligations recommended by the
Organization for Security and Cooperation in Europe (OSCE) in
the areas of election procedures, media freedom, freedom of
religion, free assembly and minority rights, and by meeting the
commitments it made in connection with its assumption of the
Chairmanship of the OSCE in 2010.
(b) The Secretary of State may waive subsection (a) if the
Secretary determines and reports to the Committees on
Appropriations that such a waiver is important to the national
security of the United States.
(c) Not later than October 1, 2008, the Secretary of State
shall submit a report to the Committees on Appropriations and
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
describing the following:
(1) The defense articles, defense services, and
financial assistance provided by the United States to
the countries of Central Asia during the 12-month
period ending 30 days prior to submission of such
report.
(2) The use during such period of defense articles,
defense services, and financial assistance provided by
the United States by units of the armed forces, border
guards, or other security forces of such countries.
(d) For purposes of this section, the term ``countries of
Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic,
Tajikistan, and Turkmenistan.
disability programs
Sec. 699. (a) Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than $4,000,000
shall be made available for programs and activities
administered by the United States Agency for International
Development (USAID) to address the needs and protect the rights
of people with disabilities in developing countries, of which
$1,500,000 should be made available to disability advocacy
organizations that have expertise in working to protect the
rights and increasing the independence and full participation
of people with disabilities: Provided, That funds for
disability advocacy organizations should be used for training
and technical assistance for foreign disabled persons
organizations in such areas as advocacy, education, independent
living, and transportation, with the goal of promoting equal
participation of people with disabilities in developing
countries: Provided further, That USAID should seek to disburse
at least 25 percent of the funds made available pursuant to
this subsection in the form of small grants.
(b) Funds appropriated under the heading ``Operating
Expenses of the United States Agency for International
Development'' shall be made available to develop and implement
training for staff in overseas USAID missions to promote the
full inclusion and equal participation of people with
disabilities in developing countries.
(c) The Secretary of State, the Secretary of the Treasury,
and the Administrator of USAID shall seek to ensure that, where
appropriate, construction projects funded by this Act are
accessible to people with disabilities and in compliance with
the USAID Policy on Standards for Accessibility for the
Disabled, or other similar accessibility standards.
(d) Of the funds made available pursuant to subsection (a),
not more than 7 percent may be for management, oversight and
technical support.
(e) Not later than 180 days after the date of enactment of
this Act, and 180 days thereafter, the Administrator of USAID
shall submit a report describing the programs, activities, and
organizations funded pursuant to this section.
orphans, displaced and abandoned children
Sec. 699A. Of the funds appropriated under title III of
this Act, $3,000,000 should be made available for activities to
improve the capacity of foreign government agencies and
nongovernmental organizations to prevent child abandonment,
address the needs of orphans, displaced and abandoned children
and provide permanent homes through family reunification,
guardianship and domestic adoptions: Provided, That funds made
available under title III of this Act should be made available,
as appropriate, consistent with--
(1) the goal of enabling children to remain in the
care of their family of origin, but when not possible,
placing children in permanent homes through adoption;
(2) the principle that such placements should be
based on informed consent which has not been induced by
payment or compensation;
(3) the view that long-term foster care or
institutionalization are not permanent options and
should be used when no other suitable permanent options
are available; and
(4) the recognition that programs that protect and
support families can reduce the abandonment and
exploitation of children.
advisor for activities relating to indigenous peoples internationally
Sec. 699B.\34\ (a) Advisor.--After consultation with the
Committees on Appropriations and not later than 90 days after
the enactment of this Act, there shall be established within
the Department of State in the immediate office of the Director
of United States Foreign Assistance an Advisor for Activities
Relating to Indigenous Peoples Internationally (hereinafter in
this section referred to as the ``Advisor''), who shall be
appointed by the Director. The Advisor shall report directly to
the Director.
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\34\ 22 U.S.C. 2651a note.
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(b) Responsibilities.--The Advisor shall:
(1) Advise the Director of United States Foreign
Assistance and the Administrator of the United States
Agency for International Development on matters
relating to the rights and needs of indigenous peoples
internationally and should represent the United States
Government on such matters in meetings with foreign
governments and multilateral institutions.
(2) Provide for the oversight and coordination of all
resources, programs, projects, and activities of the
United States Government to protect the rights and
address the needs of indigenous peoples
internationally.
(3) Develop and coordinate assistance strategies with
specific goals, guidelines, benchmarks, and impact
assessments (including support for local indigenous
peoples' organizations).
(c) Funds.--Of the funds appropriated by this Act under the
heading ``Diplomatic and Consular Programs'', not less than
$250,000 shall be made available for implementing the
provisions of this section.
(d) Report.--Not later than one year after the enactment of
this Act, the Secretary shall submit a report to the Committees
on Appropriations describing progress made in implementing this
section.
child soldiers
Sec. 699C. (a) None of the funds appropriated or otherwise
made available for foreign military financing, foreign military
sales, direct commercial sales, or excess Defense articles by
this Act or any other Act making appropriations for foreign
operations, export financing, and related programs may be
obligated or otherwise made available to the government of a
country that is identified by the Department of State in the
Department of State's most recent Country Reports on Human
Rights Practices as having governmental armed forces or
government supported armed groups, including paramilitaries,
militias, or civil defense forces, that recruit or use child
soldiers.
(b) The Secretary of State may provide assistance or
defense articles otherwise prohibited under subsection (a) to a
country upon certifying to the Committees on Appropriations
that the government of such country has implemented effective
measures to demobilize children from its forces or from
government-supported armed groups and prohibit and prevent the
future recruitment or use of child soldiers.
(c) \35\ The Secretary of State may waive the application
to a country of the prohibition in subsection (a) if the
Secretary determines and reports to the Committees on
Appropriations that such waiver is important to the national
interest of the United States.
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\35\ On May 9, 2008, the Secretary of State exercised this waiver
authority (Department of State Public Notice 6244; 73 F.R. 31908).
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funding for serbia
Sec. 699D. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia
after May 31, 2008, if the President has made the determination
and certification contained in subsection (c).
(b) After May 31, 2008, the Secretary of the Treasury
should instruct the United States executive directors to the
international financial institutions to support loans and
assistance to the Government of Serbia subject to the
conditions in subsection (c).
(c) \36\ The determination and certification referred to in
subsection (a) is a determination by the President and a
certification to the Committees on Appropriations that the
Government of Serbia is--
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\36\ On September 2, 2008, the Secretary of State determined and
certified ``that the Government of Serbia is: (1) Cooperating with the
International Criminal Tribunal for the former Yugoslavia including
access for investigators, the provision of documents, timely
information on the location, movement, and sources of financial support
of indictees, and the surrender and transfer of indictees or assistance
in their apprehension, including Ratko Mladic and Radovan Karadzic; (2)
Taking steps that are consistent with the Dayton Accords to end Serbian
financial, political, security and other support which has served to
maintain separate Republika Srpska institutions; and (3) Taking steps
to implement policies which reflect a respect for minority rights and
the rule of law.'' (Department of State Public Notice 6352; 73 F.R.
52444).
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(1) cooperating with the International Criminal
Tribunal for the former Yugoslavia including access for
investigators, the provision of documents, timely
information on the location, movement, and sources of
financial support of indictees, and the surrender and
transfer of indictees or assistance in their
apprehension, including Ratko Mladic and Radovan
Karadzic;
(2) taking steps that are consistent with the Dayton
Accords to end Serbian financial, political, security
and other support which has served to maintain separate
Republika Srpska institutions; and
(3) taking steps to implement policies which reflect
a respect for minority rights and the rule of law.
(d) This section shall not apply to Kosovo, humanitarian
assistance or assistance to promote democracy.
philippines
Sec. 699E. Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'', not to exceed
$30,000,000 may be made available for assistance for the
Philippines, of which $2,000,000 may only be made available
after the Secretary of State reports to the Committees on
Appropriations that--
(1) the Philippine Government is implementing the
recommendations of the United Nations Special
Rapporteur on Extrajudicial, Summary or Arbitrary
Executions;
(2) the Philippine Government is implementing a
policy of promoting military personnel who demonstrate
professionalism and respect for human rights, and is
investigating and prosecuting military personnel and
others who have been credibly alleged to have committed
extrajudicial executions or other violations of human
rights; and
(3) the Philippine military is not engaging in acts
of intimidation or violence against members of legal
organizations who advocate for human rights.
pakistan
Sec. 699F. (a) Of the funds appropriated by this Act under
the heading ``Foreign Military Financing Program'', up to
$300,000,000 may be made available for assistance for Pakistan
as follows:
(b) Of the amount provided in subsection (a), $250,000,000
may be made available immediately for counter-terrorism and law
enforcement activities directed against Al Qaeda and the
Taliban and associated terrorist groups, and $50,000,000 may be
made available for such purposes after the Secretary of State
reports to the Committees on Appropriations that the Government
of Pakistan--
(1) is making concerted efforts to prevent Al Qaeda
and associated terrorist groups from operating in the
territory of Pakistan, including by eliminating
terrorist training camps or facilities, arresting
members of Al Qaeda and associated terrorist groups,
and countering recruitment efforts;
(2) is making concerted efforts to prevent the
Taliban from using the territory of Pakistan as a
sanctuary from which to launch attacks within
Afghanistan, including by arresting Taliban leaders,
stopping cross-border incursions, and countering
recruitment efforts; and
(3) is implementing democratic reforms, including--
(A) restoring the Constitution of Pakistan
and ensuring freedoms of expression and
assembly and other civil liberties guaranteed
by the Constitution;
(B) releasing political detainees and
allowing inclusive democratic elections;
(C) ending harassment and detention of
journalists, human rights defenders and
government critics by security and intelligence
forces; and
(D) restoring an independent judiciary and
ending interference in the judicial process.
(c) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for Pakistan, up to
$5,000,000 may be used for administrative expenses of the
United States Agency for International Development: Provided,
That none of the funds appropriated by this Act may be made
available for cash transfer assistance for Pakistan.
sri lanka
Sec. 699G. (a) None of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'' may be
made available for assistance for Sri Lanka, no defense export
license may be issued, and no military equipment or technology
shall be sold or transferred to Sri Lanka pursuant to the
authorities contained in this Act or any other Act, unless the
Secretary of State certifies to the Committee on Appropriations
that--
(1) the Sri Lankan military is suspending and the Sri
Lankan Government is bringing to justice members of the
military who have been credibly alleged to have
committed gross violations of human rights or
international humanitarian law, including complicity in
the recruitment of child soldiers;
(2) the Sri Lankan Government is providing access to
humanitarian organizations and journalists throughout
the country consistent with international humanitarian
law; and
(3) the Sri Lankan Government has agreed to the
establishment of a field presence of the Office of the
United Nations High Commissioner for Human Rights in
Sri Lanka with sufficient staff and mandate to conduct
full and unfettered monitoring throughout the country
and to publicize its findings.
(b) Subsection (a) shall not apply to technology or
equipment made available for the limited purposes of maritime
and air surveillance and communications.
multilateral development banks
Sec. 699H. (a) World Bank Inspection Panel.--The Secretary
of the Treasury shall instruct the United States Executive
Director to the World Bank to inform the Bank of, and use the
voice and vote of the United States to achieve transparency
reforms of the selection process for members of the World Bank
Inspection Panel, including--
(1) posting Inspection Panel position vacancy
announcements on the Inspection Panel's website and in
publications that have wide circulation in member
countries;
(2) making public official procedures for the
selection of Inspection Panel vacancies; and
(3) posting on the Inspection Panel's website the
names of the members of the selection committee and the
name or names of the individuals proposed by the
selection committee to the President of the World Bank.
(b) Authorizations.--
(1) Section 501(i) of title V of H.R. 3425 as enacted
into law by section 1000(a)(5) of Public Law 106-113,
as amended by section 591(b) of division D of Public
Law 108-447, is further amended * * *
(2) Section 801(b)(1)(ii) of Public Law 106-429, as
amended by section 591(a)(2) of division D of Public
Law 108-447, is further amended * * *
millennium challenge corporation
Sec. 699I. (a) Section 607(b) of the Millennium Challenge
Act of 2003 (22 U.S.C. 7706) is amended--* * *
(b)(1) The Chief Executive Officer of the Millennium
Challenge Corporation shall, not later than 30 days following
enactment of this Act, submit to the Committees on
Appropriations a report on the proposed uses, on a country-by-
country basis, of all funds appropriated under the heading
``Millennium Challenge Corporation'' in this Act or prior Acts
making appropriations for foreign operations, export financing,
and related programs projected to be obligated and expended in
fiscal year 2008 and subsequent fiscal years.
(2) The report required in paragraph (1) shall include, at
a minimum, a description of--
(A) compacts in development, including the status of
negotiations and the approximate range of value of the
proposed compact;
(B) compacts in implementation, including the
projected expenditure and disbursement of compact funds
during fiscal year 2008 and subsequent fiscal years as
determined by the country compact;
(C) threshold country programs in development,
including the approximate range of value of the
threshold country agreement;
(D) threshold country programs in implementation;
(E) use of administrative funds.
(3) The Chief Executive Officer of the Millennium Challenge
Corporation shall notify the Committees on Appropriations not
later than 15 days prior to signing any new country compact or
new threshold country program; terminating or suspending any
country compact or threshold country program; or commencing
negotiations for any new compact or threshold country program.
(4) The report required in paragraph (1) shall be updated
on a quarterly basis.
carry forward of unused special immigrant visas
Sec. 699J. Section 1059(c) of the National Defense
Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note) is
amended by adding at the end the following: * * *
iraq
Sec. 699K. (a) None of the funds appropriated or otherwise
made available by this Act may be made available for assistance
for Iraq.
(b) Subsection (a) shall not apply to funds appropriated by
this Act under the heading ``Economic Support Fund'' that are
made available to rescue Iraqi scholars and for the fund
established by section 2108 of Public Law 109-13, to funds made
available under the heading ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'' for the removal and disposal of
land mines and other unexploded ordnance, small arms and light
weapons in Iraq, or for assistance for refugees and internally
displaced persons.
anti-kleptocracy
Sec. 699L.\37\ (a) In furtherance of the National Strategy
to Internationalize Efforts Against Kleptocracy and
Presidential Proclamation 7750, the Secretary of State shall
compile and maintain a list of officials of foreign governments
and their immediate family members who the Secretary determines
there is credible evidence to believe have been involved in
corruption relating to the extraction of natural resources in
their countries.
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\37\ 8 U.S.C. 1182 note.
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(b) Any individual on the list submitted under subsection
(a) shall be ineligible for admission to the United States.
(c) The Secretary may waive the application of subsection
(a) if the Secretary determines that admission to the United
States is necessary to attend the United Nations or to further
United States law enforcement objectives, or that the
circumstances which caused the individual to be included on the
list have changed sufficiently to justify the removal of the
individual from the list.
(d) Not later than 90 days after enactment of this Act and
180 days thereafter, the Secretary of State shall submit a
report, in classified form if necessary, to the Committees on
Appropriations describing the evidence considered in
determining involvement pursuant to subsection (a).
comprehensive nuclear threat reduction and security plan
Sec. 699M. (a) Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress a comprehensive nuclear threat reduction and security
plan, in classified and unclassified forms--
(1) for ensuring that all nuclear weapons and
weapons-usable material at vulnerable sites are secure
by 2012 against the threats that terrorists have shown
they can pose; and
(2) for working with other countries to ensure
adequate accounting and security for such materials on
an ongoing basis thereafter.
(b) For each element of the accounting and security effort
described under subsection (a)(2), the plan shall--
(1) clearly designate agency and departmental
responsibility and accountability;
(2) specify program goals, with metrics for measuring
progress, estimated schedules, and specified milestones
to be achieved;
(3) provide estimates of the program budget
requirements and resources to meet the goals for each
year; and
(4) provide the strategy for diplomacy and related
tools and authority to accomplish the program element;
(5) provide a strategy for expanding the financial
support and other assistance provided by other
countries, particularly Russia, the European Union and
its member states, China, and Japan, for the purposes
of securing nuclear weapons and weapons-usable material
worldwide; and
(6) outline the progress in and impediments to
securing agreement from all countries that possess
nuclear weapons or weapons-usable material on a set of
global nuclear security standards, consistent with
their obligation to comply with United Nations Security
Council Resolution 1540.
prohibition on promotion of tobacco
Sec. 699N. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
unobligated funds rescissions
Sec. 699O. (a) Of the funds appropriated under the heading
``Subsidy Appropriation'' for the Export-Import Bank of the
United States that are available for tied-aid grants in title I
of Public Law 107-115 and under such heading in prior Acts
making appropriations for foreign operations, export financing,
and related programs, $25,000,000 are rescinded.
(b) Of the funds appropriated under the heading ``Economic
Support Fund'' in prior Acts making appropriations for foreign
operations, export financing, and related programs,
$133,000,000 are rescinded.
across-the-board rescission
Sec. 699P. (a) Bill-wide Rescissions.--There is hereby
rescinded an amount equal to .81 percent of the budget
authority provided for fiscal year 2008 for any discretionary
account in this 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 subsection (a); 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 explanatory
statements 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) 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 a report specifying the account and amount of
each rescission made pursuant to this section.
(d) Exception.--The rescission in subsection (a) shall not
apply to funds provided in this Act designated as described in
section 5 (in the matter preceding division A of this
consolidated Act).
This division may be cited as the ``Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2008''.
* * * * * * *
f. U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007
Partial text \1\ of Public Law 110-28 [H.R. 2206], 121 Stat. 112,
approved May 25, 2007
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\1\ Other parts of this Act may be found in Legislation on Foreign
Relations Through 2008, vol. I-B and II-A.
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AN ACT Making emergency supplemental appropriations and additional
supplemental appropriations for agricultural and other emergency
assistance for the fiscal year ending September 30, 2007, 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 ``U.S. Troop Readiness,
Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows: * * *
SEC. 3. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2007.
TITLE I--SUPPLEMENTAL APPROPRIATIONS FOR DEFENSE, INTERNATIONAL
AFFAIRS, AND OTHER SECURITY-RELATED NEEDS
* * * * * * *
CHAPTER 3
* * * * * * *
GENERAL PROVISIONS--THIS CHAPTER
* * * * * * *
(transfer of funds)
Sec. 1313. Notwithstanding any other provision of law, not
to exceed $110,000,000 may be transferred to the ``Economic
Support Fund'', Department of State, for use in programs in
Pakistan from amounts appropriated by this Act as follows:
``Military Personnel, Army'', $70,000,000.
``National Guard Personnel, Army'', $13,183,000.
``Defense Health Program'', $26,817,000.
Sec. 1314. (a) Findings Regarding Progress in Iraq, the
Establishment of Benchmarks to Measure That Progress, and
Reports to Congress.--Congress makes the following findings:
(1) Over 145,000 American military personnel are
currently serving in Iraq, like thousands of others
since March 2003, with the bravery and professionalism
consistent with the finest traditions of the United
States Armed Forces, and are deserving of the strong
support of all Americans.
(2) Many American service personnel have lost their
lives, and many more have been wounded in Iraq; the
American people will always honor their sacrifice and
honor their families.
(3) The United States Army and Marine Corps,
including their Reserve components and National Guard
organizations, together with components of the other
branches of the military, are performing their missions
while under enormous strain from multiple, extended
deployments to Iraq and Afghanistan. These deployments,
and those that will follow, will have a lasting impact
on future recruiting, retention, and readiness of our
Nation's all volunteer force.
(4) Iraq is experiencing a deteriorating problem of
sectarian and intrasectarian violence based upon
political distrust and cultural differences among
factions of the Sunni and Shia populations.
(5) Iraqis must reach political and economic
settlements in order to achieve reconciliation, for
there is no military solution. The failure of the
Iraqis to reach such settlements to support a truly
unified government greatly contributes to the
increasing violence in Iraq.
(6) The responsibility for Iraq's internal security
and halting sectarian violence rests with the sovereign
Government of Iraq.
(7) In December 2006, the bipartisan Iraq Study Group
issued a valuable report, suggesting a comprehensive
strategy that includes new and enhanced diplomatic and
political efforts in Iraq and the region, and a change
in the primary mission of U.S. forces in Iraq, that
will enable the United States to begin to move its
combat forces out of Iraq responsibly.
(8) The President said on January 10, 2007, that
``I've made it clear to the Prime Minister and Iraq's
other leaders that America's commitment is not open-
ended'' so as to dispel the contrary impression that
exists.
(9) It is essential that the sovereign Government of
Iraq set out measurable and achievable benchmarks and
President Bush said, on January 10, 2007, that
``America will change our approach to help the Iraqi
government as it works to meet these benchmarks''.
(10) As reported by Secretary of State Rice, Iraq's
Policy Committee on National Security agreed upon a set
of political, security, and economic benchmarks and an
associated timeline in September 2006 that were: (A)
reaffirmed by Iraq's Presidency Council on October 6,
2006; (B) referenced by the Iraq Study Group; and (C)
posted on the President of Iraq's Web site.
(11) On April 21, 2007, Secretary of Defense Robert
Gates stated that ``our [American] commitment to Iraq
is long-term, but it is not a commitment to have our
young men and women patrolling Iraq's streets open-
endedly'' and that ``progress in reconciliation will be
an important element of our evaluation''.
(12) The President's January 10, 2007, address had
three components: political, military, and economic.
Given that significant time has passed since his
statement, and recognizing the overall situation is
ever changing, Congress must have timely reports to
evaluate and execute its constitutional oversight
responsibilities.
(b) Conditioning of Future United States Strategy in Iraq
on the Iraqi Government's Record of Performance on Its
Benchmarks.--
(1) In general.--
(A) The United States strategy in Iraq,
hereafter, shall be conditioned on the Iraqi
government meeting benchmarks, as told to
members of Congress by the President, the
Secretary of State, the Secretary of Defense,
and the Chairman of the Joint Chiefs of Staff,
and reflected in the Iraqi Government's
commitments to the United States, and to the
international community, including:
(i) Forming a Constitutional Review
Committee and then completing the
constitutional review.
(ii) Enacting and implementing
legislation on de-Baathification.
(iii) Enacting and implementing
legislation to ensure the equitable
distribution of hydrocarbon resources
of the people of Iraq without regard to
the sect or ethnicity of recipients,
and enacting and implementing
legislation to ensure that the energy
resources of Iraq benefit Sunni Arabs,
Shia Arabs, Kurds, and other Iraqi
citizens in an equitable manner.
(iv) Enacting and implementing
legislation on procedures to form semi-
autonomous regions.
(v) Enacting and implementing
legislation establishing an Independent
High Electoral Commission, provincial
elections law, provincial council
authorities, and a date for provincial
elections.
(vi) Enacting and implementing
legislation addressing amnesty.
(vii) Enacting and implementing
legislation establishing a strong
militia disarmament program to ensure
that such security forces are
accountable only to the central
government and loyal to the
Constitution of Iraq.
(viii) Establishing supporting
political, media, economic, and
services committees in support of the
Baghdad Security Plan.
(ix) Providing three trained and
ready Iraqi brigades to support Baghdad
operations.
(x) Providing Iraqi commanders with
all authorities to execute this plan
and to make tactical and operational
decisions, in consultation with U.S
commanders, without political
intervention, to include the authority
to pursue all extremists, including
Sunni insurgents and Shiite militias.
(xi) Ensuring that the Iraqi Security
Forces are providing even handed
enforcement of the law.
(xii) Ensuring that, according to
President Bush, Prime Minister Maliki
said ``the Baghdad security plan will
not provide a safe haven for any
outlaws, regardless of [their]
sectarian or political affiliation''.
(xiii) Reducing the level of
sectarian violence in Iraq and
eliminating militia control of local
security.
(xiv) Establishing all of the planned
joint security stations in
neighborhoods across Baghdad.
(xv) Increasing the number of Iraqi
security forces units capable of
operating independently.
(xvi) Ensuring that the rights of
minority political parties in the Iraqi
legislature are protected.
(xvii) Allocating and spending $10
billion in Iraqi revenues for
reconstruction projects, including
delivery of essential services, on an
equitable basis.
(xviii) Ensuring that Iraq's
political authorities are not
undermining or making false accusations
against members of the Iraqi Security
Forces.
(B) The President shall submit reports to
Congress on how the sovereign Government of
Iraq is, or is not, achieving progress towards
accomplishing the aforementioned benchmarks,
and shall advise the Congress on how that
assessment requires, or does not require,
changes to the strategy announced on January
10, 2007.
(2) Reports required.--
(A) The President shall submit an initial
report, in classified and unclassified format,
to the Congress, not later than July 15, 2007,
assessing the status of each of the specific
benchmarks established above, and declaring, in
his judgment, whether satisfactory progress
toward meeting these benchmarks is, or is not,
being achieved.
(B) The President, having consulted with the
Secretary of State, the Secretary of Defense,
the Commander, Multi-National Forces-Iraq, the
United States Ambassador to Iraq, and the
Commander of U.S. Central Command, will prepare
the report and submit the report to Congress.
(C) If the President's assessment of any of
the specific benchmarks established above is
unsatisfactory, the President shall include in
that report a description of such revisions to
the political, economic, regional, and military
components of the strategy, as announced by the
President on January 10, 2007. In addition, the
President shall include in the report, the
advisability of implementing such aspects of
the bipartisan Iraq Study Group, as he deems
appropriate.
(D) The President shall submit a second
report to the Congress, not later than
September 15, 2007, following the same
procedures and criteria outlined above.
(E) The reporting requirement detailed in
section 1227 of the National Defense
Authorization Act for Fiscal Year 2006 is
waived from the date of the enactment of this
Act through the period ending September 15,
2007.
(3) Testimony before congress.--Prior to the
submission of the President's second report on
September 15, 2007, and at a time to be agreed upon by
the leadership of the Congress and the Administration,
the United States Ambassador to Iraq and the Commander,
Multi-National Forces Iraq will be made available to
testify in open and closed sessions before the relevant
committees of the Congress.
(c) Limitations on Availability of Funds.--
(1) Limitation.--No funds appropriated or otherwise
made available for the ``Economic Support Fund'' and
available for Iraq may be obligated or expended unless
and until the President of the United States certifies
in the report outlined in subsection (b)(2)(A) and
makes a further certification in the report outlined in
subsection (b)(2)(D) that Iraq is making progress on
each of the benchmarks set forth in subsection
(b)(1)(A).
(2) Waiver authority.--The President may waive the
requirements of this section if he submits to Congress
a written certification setting forth a detailed
justification for the waiver, which shall include a
detailed report describing the actions being taken by
the United States to bring the Iraqi government into
compliance with the benchmarks set forth in subsection
(b)(1)(A). The certification shall be submitted in
unclassified form, but may include a classified annex.
(d) Redeployment of U.S. Forces From Iraq.--The President
of the United States, in respecting the sovereign rights of the
nation of Iraq, shall direct the orderly redeployment of
elements of U.S. forces from Iraq, if the components of the
Iraqi government, acting in strict accordance with their
respective powers given by the Iraqi Constitution, reach a
consensus as recited in a resolution, directing a redeployment
of U.S. forces.
(e) Independent Assessments.--
(1) Assessment by the comptroller general.--
(A) Not later than September 1, 2007, the
Comptroller General of the United States shall
submit to Congress an independent report
setting forth--
(i) the status of the achievement of
the benchmarks specified in subsection
(b)(1)(A); and
(ii) the Comptroller General's
assessment of whether or not each such
benchmark has been met.
(2) Assessment of the capabilities of iraqi security
forces.--
(A) In general.--There is hereby authorized
to be appropriated for the Department of
Defense, $750,000, that the Department, in
turn, will commission an independent, private
sector entity, which operates as a 501(c)(3),
with recognized credentials and expertise in
military affairs, to prepare an independent
report assessing the following:
(i) The readiness of the Iraqi
Security Forces (ISF) to assume
responsibility for maintaining the
territorial integrity of Iraq, denying
international terrorists a safe haven,
and bringing greater security to Iraq's
18 provinces in the next 12 to 18
months, and bringing an end to
sectarian violence to achieve national
reconciliation.
(ii) The training, equipping,
command, control and intelligence
capabilities, and logistics capacity of
the ISF.
(iii) The likelihood that, given the
ISF's record of preparedness to date,
following years of training and
equipping by U.S. forces, the continued
support of U.S. troops will contribute
to the readiness of the ISF to fulfill
the missions outlined in clause (i).
(B) Report.--Not later than 120 days after
the enactment of this Act, the designated
private sector entity shall provide an
unclassified report, with a classified annex,
containing its findings, to the House and
Senate Committees on Armed Services,
Appropriations, Foreign Relations/International
Relations, and Intelligence.
* * * * * * *
CHAPTER 6
DEPARTMENT OF STATE AND RELATED AGENCY
* * * * * * *
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
united states agency for international development
child survival and health programs fund
(including transfer of funds)
For an additional amount for ``Child Survival and Health
Programs Fund'', $161,000,000, to remain available until
September 30, 2008: Provided, That notwithstanding any other
provision of law, if the President determines and reports to
the Committees on Appropriations that the human-to-human
transmission of the avian influenza virus is efficient and
sustained, and is spreading internationally, funds made
available under the heading ``Millennium Challenge
Corporation'' and ``Global HIV/AIDS Initiative'' in prior Acts
making appropriations for foreign operations, export financing,
and related programs may be transferred to, and merged with,
funds made available under this heading to combat avian
influenza: Provided further, That funds made available pursuant
to the authority of the previous proviso shall be subject to
the regular notification procedures of the Committees on
Appropriations.
international disaster and famine assistance
For an additional amount for ``International Disaster and
Famine Assistance'', $105,000,000, to remain available until
expended.
operating expenses of the united states agency for international
development
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$5,700,000, to remain available until September 30, 2008.
Other Bilateral Economic Assistance
economic support fund
For an additional amount for ``Economic Support Fund'',
$2,502,000,000, to remain available until September 30, 2008:
Provided, That of the funds appropriated under this heading,
$57,400,000 shall be made available to nongovernmental
organizations in Iraq for economic and social development
programs and activities in areas of conflict: Provided further,
That the responsibility for policy decisions and justifications
for the use of funds appropriated by the previous proviso shall
be the responsibility of the United States Chief of Mission in
Iraq: Provided further, That none of the funds appropriated
under this heading in this Act or in prior Acts making
appropriations for foreign operations, export financing, and
related programs may be made available for the Political
Participation Fund and the National Institutions Fund: Provided
further, That of the funds made available under the heading
``Economic Support Fund'' in Public Law 109-234 for Iraq to
promote democracy, rule of law and reconciliation, $2,000,000
should be made available for the United States Institute of
Peace for programs and activities in Afghanistan to remain
available until September 30, 2008.
assistance for eastern europe and the baltic states
For an additional amount for ``Assistance for Eastern
Europe and the Baltic States'', $214,000,000, to remain
available until September 30, 2008, for assistance for Kosovo.
Department of State
democracy fund
For an additional amount for ``Democracy Fund'',
$255,000,000, to remain available until September 30, 2008:
Provided, That of the funds appropriated under this heading,
not less than $190,000,000 shall be made available for the
Human Rights and Democracy Fund of the Bureau of Democracy,
Human Rights, and Labor, Department of State, and not less than
$60,000,000 shall be made available for the United States
Agency for International Development, for democracy, human
rights and rule of law programs in Iraq: Provided further, That
not later than 60 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations describing a comprehensive, long-term strategy,
with goals and expected results, for strengthening and
advancing democracy in Iraq.
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $210,000,000, to remain
available until September 30, 2008.
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'', $71,500,000, to remain available until September
30, 2008, of which not less than $5,000,000 shall be made
available to rescue Iraqi scholars.
united states emergency refugee and migration assistance fund
For an additional amount for ``United States Emergency
Refugee and Migration Assistance Fund'', $30,000,000, to remain
available until expended.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $27,500,000, to
remain available until September 30, 2008.
Department of the Treasury
international affairs technical assistance
For an additional amount for ``International Affairs
Technical Assistance'', $2,750,000, to remain available until
September 30, 2008.
MILITARY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $220,000,000, to remain available until September
30, 2008.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$190,000,000, to remain available until September 30, 2008:
Provided, That not later than 30 days after enactment of this
Act and every 30 days thereafter until September 30, 2008, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the obligation and expenditure of
funds made available under this heading in this Act and in
prior Acts making appropriations for foreign operations, export
financing, and related programs.
GENERAL PROVISION--THIS CHAPTER
authorization of funds
Sec. 1601. Funds appropriated by this Act may be obligated
and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 414(a)(1)).
* * * * * * *
TITLE III--ADDITIONAL DEFENSE, INTERNATIONAL AFFAIRS, AND HOMELAND
SECURITY PROVISIONS
* * * * * * *
CHAPTER 8
DEPARTMENT OF STATE AND RELATED AGENCY
* * * * * * *
DEPARTMENT OF STATE
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
united states agency for international development
international disaster and famine assistance
For an additional amount for ``International Disaster and
Famine Assistance'', $60,000,000, to remain available until
expended.
operating expenses of the united states agency for international
development
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$3,000,000, to remain available until September 30, 2008.
operating expenses of the united states agency for international
development office of inspector general
For an additional amount for ``Operating Expenses of the
United States Agency for International Development Office of
Inspector General'', $3,500,000, to remain available until
September 30, 2008.
Other Bilateral Economic Assistance
economic support fund
For an additional amount for ``Economic Support Fund'',
$122,300,000, to remain available until September 30, 2008.
Department of State
democracy fund
For an additional amount for ``Democracy Fund'',
$5,000,000, to remain available until September 30, 2008.
international narcotics control and law enforcement
(including rescission of funds)
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $42,000,000, to remain available
until September 30, 2008.
Of the amounts made available for procurement of a maritime
patrol aircraft for the Colombian Navy under this heading in
Public Law 109-234, $13,000,000 are rescinded.
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'', $59,000,000, to remain available until September
30, 2008.
united states emergency refugee and migration assistance fund
For an additional amount for ``United States Emergency
Refugee and Migration Assistance Fund'', $25,000,000, to remain
available until expended.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $30,000,000, to
remain available until September 30, 2008.
MILITARY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $45,000,000, to remain available until September 30,
2008.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$40,000,000, to remain available until September 30, 2008:
Provided, That funds appropriated under this heading shall be
made available, notwithstanding section 660 of the Foreign
Assistance Act of 1961, for assistance for Liberia for security
sector reform.
GENERAL PROVISIONS--THIS CHAPTER
extension of oversight authority
Sec. 3801. Section 3001(o)(1)(B) of the Emergency
Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-
106; 117 Stat. 1238; 5 U.S.C. App., note to section 8G of
Public Law 95-452), as amended by section 1054(b) of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2397) and section 2 of the Iraq
Reconstruction Accountability Act of 2006 (Public Law 109-440),
is amended by inserting ``or fiscal year 2007'' after ``fiscal
year 2006''.
lebanon
Sec. 3802. (a) Limitation on Economic Support Fund
Assistance for Lebanon.--None of the funds made available in
this Act under the heading ``Economic Support Fund'' for cash
transfer assistance for the Government of Lebanon may be made
available for obligation until the Secretary of State reports
to the Committees on Appropriations on Lebanon's economic
reform plan and on the specific conditions and verifiable
benchmarks that have been agreed upon by the United States and
the Government of Lebanon pursuant to the Memorandum of
Understanding on cash transfer assistance for Lebanon.
(b) Limitation on Foreign Military Financing Program and
International Narcotics Control and Law Enforcement Assistance
for Lebanon.--None of the funds made available in this Act
under the heading ``Foreign Military Financing Program'' or
``International Narcotics Control and Law Enforcement'' for
military or police assistance to Lebanon may be made available
for obligation until the Secretary of State submits to the
Committees on Appropriations a report on procedures established
to determine eligibility of members and units of the armed
forces and police forces of Lebanon to participate in United
States training and assistance programs and on the end use
monitoring of all equipment provided under such programs to the
Lebanese armed forces and police forces.
(c) \2\ Certification Required.--Prior to the initial
obligation of funds made available in this Act for assistance
for Lebanon under the headings ``Foreign Military Financing
Program'' and ``Nonproliferation, Anti-Terrorism, Demining and
Related Programs'', the Secretary of State shall certify to the
Committees on Appropriations that all practicable efforts have
been made to ensure that such assistance is not provided to or
through any individual, or private or government entity, that
advocates, plans, sponsors, engages in, or has engaged in,
terrorist activity.
---------------------------------------------------------------------------
\2\ Title I, chapter 4 of Public Law 110-252 (122 Stat. 2334)
provided the following:
---------------------------------------------------------------------------
``MILITARY ASSISTANCE
``Funds Appropriated to the President
``foreign military financing program
---------------------------------------------------------------------------
``For an additional amount for `Foreign Military Financing
Program', $302,500,000, which shall become available on October 1,
2008, and remain available through September 30, 2009, of which
$100,000,000 shall be made available for assistance for Jordan, and not
less than $170,000,000 shall be available for grants only for Israel
and shall be disbursed not later than November 1, 2008: Provided, That
section 3802(c) of title III, chapter 8 of Public Law 110-28 shall
apply to funds made available under this heading for assistance for
Lebanon.''.
---------------------------------------------------------------------------
(d) Report Required.--Not later than 45 days after the date
of the enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a report on the
Government of Lebanon's actions to implement section 14 of
United Nations Security Council Resolution 1701 (August 11,
2006).
(e) Special Authority.--This section shall be effective
notwithstanding section 534(a) of Public Law 109-102, which is
made applicable to funds appropriated for fiscal year 2007 by
the Continuing Appropriations Resolution, 2007 (division B of
Public Law 109-289, as amended by Public Law 110-5).
debt restructuring
Sec. 3803. Amounts appropriated for fiscal year 2007 for
``Bilateral Economic Assistance--Department of the Treasury--
Debt Restructuring'' may be used to assist Liberia in retiring
its debt arrearages to the International Monetary Fund, the
International Bank for Reconstruction and Development, and the
African Development Bank.
government accountability office
Sec. 3804. To facilitate effective oversight of programs
and activities in Iraq by the Government Accountability Office
(GAO), the Department of State shall provide GAO staff members
the country clearances, life support, and logistical and
security support necessary for GAO personnel to establish a
presence in Iraq for periods of not less than 45 days.
human rights and democracy fund
Sec. 3805. The Assistant Secretary of State for Democracy,
Human Rights, and Labor shall be responsible for all policy,
funding, and programming decisions regarding funds made
available under this Act and prior Acts making appropriations
for foreign operations, export financing and related programs
for the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights, and Labor.
inspector general oversight of iraq and afghanistan
Sec. 3806. (a) In General.--Subject to paragraph (2), the
Inspector General of the Department of State and the
Broadcasting Board of Governors (referred to in this section as
the ``Inspector General'') may use personal services contracts
to engage citizens of the United States to facilitate and
support the Office of the Inspector General's oversight of
programs and operations related to Iraq and Afghanistan.
Individuals engaged by contract to perform such services shall
not, by virtue of such contract, be considered to be employees
of the United States Government for purposes of any law
administered by the Office of Personnel Management. The
Secretary of State may determine the applicability to such
individuals of any law administered by the Secretary concerning
the performance of such services by such individuals.
(b) Conditions.--The authority under paragraph (1) is
subject to the following conditions:
(1) The Inspector General determines that existing
personnel resources are insufficient.
(2) The contract length for a personal services
contractor, including options, may not exceed 1 year,
unless the Inspector General makes a finding that
exceptional circumstances justify an extension of up to
1 additional year.
(3) Not more than 10 individuals may be employed at
any time as personal services contractors under the
program.
(c) Termination of Authority.--The authority to award
personal services contracts under this section shall terminate
on December 31, 2007. A contract entered into prior to the
termination date under this paragraph may remain in effect
until not later than December 31, 2009.
(d) Other Authorities Not Affected.--The authority under
this section is in addition to any other authority of the
Inspector General to hire personal services contractors.
funding tables, reports and directives
Sec. 3807. (a) Funds provided in this Act for the following
accounts shall be made available for countries, programs and
activities in the amounts contained in the respective tables
and should be expended consistent with the reporting
requirements and directives included in the joint explanatory
statement accompanying the conference report on H.R. 1591 of
the 110th Congress (H. Rept. 110-107):
``Diplomatic and Consular Programs''.
``Office of the Inspector General''.
``Educational and Cultural Exchange Programs''.
``Contributions to International Organizations''.
``Contributions for International Peacekeeping
Activities''.
``Child Survival and Health Programs Fund''.
``International Disaster and Famine Assistance''.
``Operating Expenses of the United States Agency for
International Development''.
``Operating Expenses of the United States Agency for
International Development Office of Inspector
General''.
``Economic Support Fund''.
``Assistance for Eastern Europe and the Baltic
States''.
``Democracy Fund''.
``International Narcotics Control and Law
Enforcement''.
``Migration and Refugee Assistance''.
``Nonproliferation, Anti-Terrorism, Demining and
Related Programs''.
``Foreign Military Financing Program''.
``Peacekeeping Operations''.
(b) Any proposed increases or decreases to the amounts
contained in the tables in the joint explanatory statement
shall be subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.
spending plan and notification procedures
Sec. 3808. Not later than 45 days after enactment of this
Act the Secretary of State shall submit to the Committees on
Appropriations a report detailing planned expenditures for
funds appropriated under the headings in this chapter and under
the headings in chapter 6 of title I, except for funds
appropriated under the heading ``International Disaster and
Famine Assistance'': Provided, That funds appropriated under
the headings in this chapter and in chapter 6 of title I,
except for funds appropriated under the heading named in this
section, shall be subject to the regular notification
procedures of the Committees on Appropriations.
conditions on assistance for pakistan
Sec. 3809. None of the funds made available for assistance
for the central Government of Pakistan under the heading
``Economic Support Fund'' in this Act may be made available for
non-project assistance until the Secretary of State submits to
the Committees on Appropriations a report on the oversight
mechanisms, performance benchmarks, and implementation
processes for such funds: Provided, That notwithstanding any
other provision of law, funds made available for non-project
assistance pursuant to the previous proviso shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds made
available for assistance for Pakistan under the heading
``Economic Support Fund'' in this Act, $5,000,000 shall be made
available for the Human Rights and Democracy Fund of the Bureau
of Democracy, Human Rights, and Labor, Department of State, for
political party development and election observation programs.
civilian reserve corps
Sec. 3810.\3\ Of the funds appropriated by this Act under
the heading ``Diplomatic and Consular Programs'', up to
$50,000,000 may be made available to support and maintain a
civilian reserve corps: Provided, That none of the funds for a
civilian reserve corps may be obligated without specific
authorization in a subsequent Act of Congress: Provided
further, That funds made available for this purpose shall be
subject to the regular notification procedures of the
Committees on Appropriations.
---------------------------------------------------------------------------
\3\ Sec. 1408 of Public Law 110-252 (122 Stat. 2341) provided the
following:
---------------------------------------------------------------------------
``buying power maintenance account
``(including transfers of funds)
---------------------------------------------------------------------------
``Sec. 1408. (a) Of the funds appropriated under the heading
`Diplomatic and Consular Programs' and allocated by section 3810 of the
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (Public Law 110-28),
$26,000,000 shall be transferred to and merged with funds in the
`Buying Power Maintenance Account': Provided, That of the funds made
available by this chapter up to an additional $74,000,000 may be
transferred to and merged with the `Buying Power Maintenance Account',
subject to the regular notification procedures of the Committees on
Appropriations and in accordance with the procedures in section 34 of
the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706).
Any funds transferred pursuant to this section shall be available,
without fiscal year limitation, pursuant to section 24 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2696).
``(b) Section 24(b)(7) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2696(b)(7)) is amended by amending subparagraph
(D) to read as follows:
---------------------------------------------------------------------------
`` `(D) The authorities contained in this paragraph may be exercised only
with respect to funds appropriated or otherwise made available after fiscal
year 2008.'.
---------------------------------------------------------------------------
``(c) The Broadcasting Board of Governors may transfer funds into
its Buying Power Maintenance Account, notwithstanding the requirement
that such funds be provided in advance in appropriations Acts. The
authority in this subsection may be exercised only with respect to
funds appropriated or otherwise made available after fiscal year
2008.''.
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* * * * * * *
TITLE VI--OTHER MATTERS
* * * * * * *
CHAPTER 8
GENERAL PROVISIONS--THIS CHAPTER
technical amendment
Sec. 6801. (a) Notwithstanding any other provision of law,
subsection (c) under the heading ``Assistance for the
Independent States of the Former Soviet Union'' in Public Law
109-102, shall not apply to funds appropriated by the
Continuing Appropriations Resolution, 2007 (Public Law 109-289,
division B) as amended by Public Laws 109-369, 109-383, and
110-5.
(b) Section 534(k) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006
(Public Law 109-102) is amended, in the second proviso, by
inserting after ``subsection (b) of that section'' the
following: ``and the requirement that a majority of the members
of the board of directors be United States citizens provided in
subsection (d)(3)(B) of that section''.
(c) Subject to section 101(c)(2) of the Continuing
Appropriations Resolution, 2007 (division B of Public Law 109-
289, as amended by Public Law 110-5), the amount of funds
appropriated for ``Foreign Military Financing Program''
pursuant to such Resolution shall be construed to be the total
of the amount appropriated for such program by section 20401 of
that Resolution and the amount made available for such program
by section 591 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2006 (Public Law 109-102)
which is made applicable to the fiscal year 2007 by the
provisions of such Resolution.
Sec. 6802. Notwithstanding any provision of title I of
division B of the Continuing Appropriations Resolution, 2007
(division B of Public Law 109-289, as amended by Public Laws
109-369, 109-383, and 110-5), the dollar amount limitation of
the first proviso under the heading, ``Administration of
Foreign Affairs, Diplomatic and Consular Programs'', in title
IV of the Science, State, Justice, Commerce, and Related
Agencies Appropriations Act, 2006 (Public Law 109-108; 119
Stat. 2319) shall not apply to funds appropriated under such
heading for fiscal year 2007.
* * * * * * *
TITLE X--GENERAL PROVISIONS
Sec. 10001. 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. 10002. Amounts in this Act (other than in titles VI
and VIII) are designated as emergency requirements and
necessary to meet emergency needs pursuant to subsections (a)
and (b) of section 204 of S. Con. Res. 21 (110th Congress), the
concurrent resolution on the budget for fiscal year 2008.
g. Continuing Appropriations Resolution, 2007
Partial text of division B of Public Law 109-289 [H.R. 5631], 120 Stat.
1257 at 1311, approved September 29, 2006; as amended by Public Law
109-369 [H.J. Res. 100], 120 Stat. 2642, approved November 17, 2006;
Public Law 109-383 [H.J. Res. 102], 120 Stat. 2678, approved December
9, 2006; and Public Law 110-5 [Revised Continuing Appropriations
Resolution, 2007; H.J. Res. 20], 121 Stat. 8, approved February 15,
2007
AN ACT Making appropriations for the Department of Defense for the
fiscal year ending September 30, 2007, 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--CONTINUING APPROPRIATIONS RESOLUTION, 2007
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note.--Sec. 2 of the Revised Continuing Appropriations Resolution, 2007 (Public Law 110-5; 121 Stat.
--------------------------------------------------------------------------------------------------------------------------------------------------------
DIVISION B--CONTINUING APPROPRIATIONS RESOLUTION, 2007
The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and other
organizational units of Government for fiscal year 2007, and
for other purposes, namely:
TITLE I--FULL-YEAR CONTINUING APPROPRIATIONS
Sec. 101. (a) Such amounts as may be necessary, at the
level specified in subsection (c) and under the authority and
conditions provided in the applicable appropriations Act for
fiscal year 2006, for projects or activities (including the
costs of direct loans and loan guarantees) that are not
otherwise provided for and for which appropriations, funds, or
other authority were made available in the following
appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations
Act, 2006.
(2) The Energy and Water Development Appropriations
Act, 2006.
(3) The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2006.
(4) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2006.
(5) The Departments of Labor, Health and Human
Services, and Education, and Related Agencies
Appropriations Act, 2006.
(6) The Legislative Branch Appropriations Act, 2006.
(7) The Military Quality of Life and Veterans Affairs
Appropriations Act, 2006.
(8) The Science, State, Justice, Commerce, and
Related Agencies Appropriations Act, 2006.
(9) The Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia,
and Independent Agencies Appropriations Act, 2006.
(b) \1\ For purposes of this division, the term ``level''
means an amount.
---------------------------------------------------------------------------
\1\ 42 U.S.C. 12651i note.
---------------------------------------------------------------------------
(c) The level referred to in subsection (a) shall be the
amounts appropriated in the appropriations Acts referred to in
such subsection, including transfers and obligation
limitations, except that--
(1) such level shall not include any amount
designated as an emergency requirement, or to be for
overseas contingency operations, pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006; and
(2) such level shall be calculated without regard to
any rescission or cancellation of funds or contract
authority, other than--
(A) the 1 percent government-wide rescission
made by section 3801 of division B of Public
Law 109-148;
(B) the 0.476 percent across-the-board
rescission made by section 439 of Public Law
109-54, relating to the Department of the
Interior, environment, and related agencies;
and
(C) the 0.28 percent across-the-board
rescission made by section 638 of Public Law
109-108, relating to Science, State, Justice,
Commerce, and related agencies.
Sec. 102. Appropriations made by section 101 shall be
available to the extent and in the manner that would be
provided by the pertinent appropriations Act.
Sec. 103. Appropriations provided by this division that, in
the applicable appropriations Act for fiscal year 2006, carried
a multiple-year or no-year period of availability shall retain
a comparable period of availability.
Sec. 104. Except as otherwise expressly provided in this
division, the requirements, authorities, conditions,
limitations, and other provisions of the appropriations Acts
referred to in section 101(a) shall continue in effect through
the date specified in section 106.
Sec. 105. No appropriation or funds made available or
authority granted pursuant to section 101 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were specifically
prohibited during fiscal year 2006.
Sec. 106. Unless otherwise provided for in this division or
in the applicable appropriations Act, appropriations and funds
made available and authority granted pursuant to this division
shall be available through September 30, 2007.
Sec. 107. Expenditures made pursuant to this division prior
to the enactment of the Revised Continuing Appropriations
Resolution, 2007, shall be charged to the applicable
appropriation, fund, or authorization provided by this division
(or the applicable regular appropriations Act for fiscal year
2007) as in effect following such enactment.
Sec. 108. Funds appropriated by this division may be
obligated and expended notwithstanding section 10 of Public Law
91-672 (22 U.S.C. 2412), section 15 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 109. With respect to any discretionary account for
which advance appropriations were provided for fiscal year 2007
or 2008 in an appropriations Act for fiscal year 2006, the
levels established by section 101 shall include advance
appropriations in the same amount for fiscal year 2008 or 2009,
respectively, with a comparable period of availability.
* * * * * * *
Sec. 112. Any language specifying an earmark in a committee
report or statement of managers accompanying an appropriations
Act for fiscal year 2006 shall have no legal effect with
respect to funds appropriated by this division.
Sec. 113. Within 30 days of the enactment of this section,
each of the following departments and agencies shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate a spending, expenditure, or
operating plan for fiscal year 2007 at a level of detail below
the account level:
(1) Department of Agriculture.
(2)-(7) * * *
(8) Department of the Interior.
(9)-(10) * * *
(11) Department of State and United States Agency for
International Development.
(12)-(28) * * *
Sec. 114. Within 15 days after 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--
(1) a report specifying, by account, the amounts
provided by this division for executive branch
departments and agencies; and
(2) a report specifying, by account, the amounts
provided by section 111 for executive branch
departments and agencies.
* * * * * * *
TITLE II--ELIMINATION OF EARMARKS, ADJUSTMENTS IN FUNDING, AND OTHER
PROVISIONS
CHAPTER 1--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES
* * * * * * *
Sec. 20108. Notwithstanding section 101, the level for each
of the following accounts for Foreign Assistance and Related
Programs of the Department of Agriculture shall be as follows:
``Foreign Agricultural Service, Salaries and Expenses'',
$155,422,000; ``Foreign Agricultural Service, Public Law 480
Title I Ocean Freight Differential Grants'', $0; and ``Foreign
Agricultural Service, Public Law 480 Title II Grants'',
$1,214,711,000.
* * * * * * *
Sec. 20111. Notwithstanding any other provision of this
division, the following provisions included in the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2006 shall not apply to funds
appropriated by this division: * * * the first paragraph,
including the proviso in such paragraph, under the heading
``Foreign Agricultural Service, Public Law 480 Title I Direct
Credit and Food for Progress Program Account'' * * *
* * * * * * *
Sec. 20114. The following sections of title VII of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2006 shall be applied
to funds appropriated by this division by substituting $0 for
the following dollar amounts: section 721, $2,500,000; \2\ * *
*
---------------------------------------------------------------------------
\2\ Sec. 721 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2006 (Public
Law 109-97), appropriated $2,500,000 ``for the purpose of providing
Bill Emerson and Mickey Leland Hunger Fellowships, through the
Congressional Hunger Center''.
---------------------------------------------------------------------------
* * * * * * *
CHAPTER 3--ENERGY AND WATER DEVELOPMENT
* * * * * * *
Sec. 20316. Notwithstanding section 101, the level for
``Department of Energy, National Nuclear Security
Administration, Defense Nuclear Nonproliferation'' shall be
$1,683,339,000, of which $472,730,000 shall be for
International Nuclear Material Protection and Cooperation and
of which $115,495,000 shall be for Global Threat Reduction
Initiative.
* * * * * * *
CHAPTER 4--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
Sec. 20401. Notwithstanding section 101, the level for each
of the following accounts shall be as follows: ``Export and
Investment Assistance, Export-Import Bank of the United States,
Subsidy Appropriation'', $26,382,000; ``Bilateral Economic
Assistance, Funds Appropriated to the President, Other
Bilateral Economic Assistance, Assistance for Eastern Europe
and the Baltic States'', $273,900,000; ``Bilateral Economic
Assistance, Funds Appropriated to the President, Other
Bilateral Economic Assistance, Assistance for the Independent
States of the Former Soviet Union'', $452,000,000; ``Bilateral
Economic Assistance, Department of State, Andean Counterdrug
Initiative'', $721,500,000; ``Bilateral Economic Assistance,
Department of State, Migration and Refugee Assistance'',
$832,900,000; ``Bilateral Economic Assistance, Department of
State, United States Emergency Refugee and Migration Assistance
Fund'', $55,000,000; ``Military Assistance, Funds Appropriated
to the President, Foreign Military Financing Program'',
$4,550,800,000, of which not less than $2,340,000,000 shall be
available for grants only for Israel and $1,300,000,000 shall
be available for grants only for Egypt; and ``Military
Assistance, Funds Appropriated to the President, Peacekeeping
Operations'', $223,250,000, of which not less than $50,000,000
should be provided for peacekeeping operations in Sudan:
Provided, That the number in the third proviso under the
heading ``Military Assistance, Funds Appropriated to the
President, Foreign Military Financing Program'' in the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2006 (Public Law 109-102) shall be deemed
to be $610,000,000 for the purpose of applying funds
appropriated under such heading by this division.
Sec. 20402. Notwithstanding section 101, the level for
``Bilateral Economic Assistance, Funds Appropriated to the
President, Other Bilateral Economic Assistance, Economic
Support Fund'' shall be $2,455,010,000: Provided, That the
number in the first proviso under the heading ``Other Bilateral
Economic Assistance, Economic Support Fund'' in the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2006 (Public Law 109-102) shall be deemed
to be $120,000,000 for the purpose of applying funds
appropriated under such heading by this division: Provided
further, That the number in the second proviso under the
heading ``Other Bilateral Economic Assistance, Economic Support
Fund'' in the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2006 (Public Law 109-102) shall be
deemed to be $455,000,000 for the purpose of applying funds
appropriated under such heading by this division: Provided
further, That up to $50,000,000 shall be made available for
assistance for the West Bank and Gaza and up to $50,000,000
shall be made available for the Middle East Partnership
Initiative: Provided further, That not less than $5,000,000
shall be made available for the fund established by section
2108 of Public Law 109-13: Provided further, That the
fourteenth and twentieth provisos under the heading ``Bilateral
Economic Assistance, Funds Appropriated to the President, Other
Bilateral Economic Assistance, Economic Support Fund'' in
Public Law 109-102 shall not apply to funds made available
under this division.
Sec. 20403. Notwithstanding section 101, the level for each
of the following accounts shall be as follows: ``Bilateral
Economic Assistance, Department of State, Global HIV/AIDS
Initiative'', $3,246,500,000, of which $377,500,000 shall be
made available, notwithstanding any other provision of law,
except for the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25) for a
United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria; and ``Bilateral Economic Assistance,
Funds Appropriated to the President, United States Agency for
International Development, Child Survival and Health Programs
Fund'', $1,718,150,000, of which $248,000,000 shall be made
available for programs and activities to combat malaria.
Sec. 20404. Notwithstanding section 101, the level for each
of the following accounts shall be $0: ``Multilateral Economic
Assistance, Funds Appropriated to the President, Contribution
to the Multilateral Investment Guarantee Agency'';
``Multilateral Economic Assistance, Funds Appropriated to the
President, Contribution to the Inter-American Investment
Corporation''; and ``Multilateral Economic Assistance, Funds
Appropriated to the President, Contribution to the European
Bank for Reconstruction and Development''.
Sec. 20405. (a) Of the unobligated balances available from
funds appropriated under the heading ``Funds Appropriated to
the President, International Financial Institutions,
Contribution to the International Development Association'' in
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006 (Public Law 109-102), $31,350,000 is
rescinded.
(b) Of the unobligated balances available from funds
appropriated under the heading ``Bilateral Economic Assistance,
Funds Appropriated to the President, Other Bilateral Economic
Assistance, Economic Support Fund'', $200,000,000 is rescinded:
Provided, That such amounts shall be derived only from funds
not yet expended for cash transfer assistance.
Sec. 20406. Notwithstanding any other provision of this
division, the eighth proviso under the heading ``Bilateral
Economic Assistance, Funds Appropriated to the President,
United States Agency for International Development, Development
Assistance'' in the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2006 (Public Law 109-102)
shall not apply to funds appropriated by this division.
Sec. 20407. Section 599D of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006
(Public Law 109-102) is amended * * *
Sec. 20408. Section 523 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006
(Public Law 109-102) shall be applied to funds made available
under this division by substituting `$1,022,086,000' for the
first dollar amount.
Sec. 20409. Notwithstanding any other provision of this
division, the following provisions in the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2006
(Public Law 109-102) shall not apply to funds appropriated by
this division: the proviso in subsection (a) under the heading
``Bilateral Economic Assistance, Funds Appropriated to the
President, Other Bilateral Economic Assistance, Assistance for
Eastern Europe and the Baltic States''; the eleventh proviso
under the heading ``Bilateral Economic Assistance, Funds
Appropriated to the President, United States Agency for
International Development, Development Assistance''; the third
proviso under the heading ``Bilateral Economic Assistance,
Department of State, Migration and Refugee Assistance'';
subsection (d) under the heading ``Bilateral Economic
Assistance, Funds Appropriated to the President, Other
Bilateral Economic Assistance, Assistance for the Independent
States of the Former Soviet Union''; the fourth proviso of
section 522; subsections (a) and (c) of section 554; and the
first proviso of section 593.
Sec. 20410. The Inter-American Development Bank Act (22
U.S.C. 283-283z-10) is amended by adding at the end the
following: * * *
Sec. 20411. The authority provided by section 801(b)(1)(ii)
of Public Law 106-429 shall apply to fiscal year 2007.
Sec. 20412. (a) Notwithstanding any other provision of this
division, section 534(m) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006
(Public Law 109-102) shall not apply to funds and authorities
provided under this division.
(b) The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is
amended--* * *
Sec. 20413. Notwithstanding section 653(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2413), the President shall
transmit to Congress the report required under section 653(a)
of that Act with respect to the provision of funds appropriated
by this division: Provided, That such report shall include a
comparison of amounts, by category of assistance, provided or
intended to be provided from funds appropriated for fiscal
years 2006 and 2007, for each country and international
organization.
Sec. 20414. The seventh proviso under the heading
``Bilateral Economic Assistance, Funds Appropriated to the
President, United States Agency for International Development,
Child Survival and Health Programs Fund'' of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2006 (Public Law 109-102) shall be applied
to funds made available under this division by substituting
``The GAVI Fund'' for ``The Vaccine Fund''.
Sec. 20415. Section 501(i) of H.R. 3425, as enacted into
law by section l000(a)(5) of division B of Public Law 106-113
(Appendix E, 113 Stat. 1501A-313), as amended by section 591(b)
of division D of Public Law 108-447 (118 Stat. 3037), shall
apply to fiscal year 2007.
* * * * * * *
CHAPTER 9--SCIENCE, STATE, JUSTICE, COMMERCE, AND RELATED AGENCIES
* * * * * * *
Sec. 20941. Section 824(g) of the Foreign Service Act of
1980 (22 U.S.C. 4064(g)) is amended--* * *
Sec. 20942. Notwithstanding section 101, the level for each
of the following accounts and activities shall be $0:
``Department of State, Administration of Foreign Affairs,
Centralized Information Technology Modernization Program''; and
the grant to the Center for Middle Eastern-Western Dialogue
Trust Fund made available in the Science, State, Justice,
Commerce, and Related Agencies Appropriations Act, 2006 (Public
Law 109-108) under the heading ``Department of State, Other,
Center for Middle Eastern-Western Dialogue Trust Fund''.
Sec. 20943. Notwithstanding section 101, the level for each
of the following accounts shall be as follows: ``Department of
State, Administration of Foreign Affairs, Educational and
Cultural Exchange Programs'', $445,275,000; ``Department of
State, Administration of Foreign Affairs, Emergencies in the
Diplomatic and Consular Service'', $4,940,000; ``Department of
State, Administration of Foreign Affairs, Payment to the
American Institute in Taiwan'', $15,826,000; ``Department of
State, International Organizations, Contributions for
International Peacekeeping Activities'', $1,135,275,000;
``Related Agency, Broadcasting Board of Governors,
International Broadcasting Operations'', $636,387,000;
``Related Agency, Broadcasting Board of Governors, Broadcasting
Capital Improvements'', $7,624,000; and ``Related Agencies,
Commission on International Religious Freedom, Salaries and
Expenses'', $3,000,000.
Sec. 20944. Notwithstanding any other provision of this
division, the fourth proviso under the heading ``Department of
State, Administration of Foreign Affairs, Diplomatic and
Consular Programs'' in the Science, State, Justice, Commerce,
and Related Appropriations Act, 2006 (Public Law 109-108) and
section 406 of such Act shall not apply to funds appropriated
by this division.
* * * * * * *
This division may be cited as the ``Continuing
Appropriations Resolution, 2007''.
h. Emergency Supplemental Appropriations Act for Defense, the Global
War on Terror, and Hurricane Recovery, 2006
Partial text of Public Law 109-234 [H.R. 4939], 120 Stat. 418, approved
June 15, 2006
AN ACT Making emergency supplemental appropriations for the fiscal year
ending September 30, 2006, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2006, and for other purposes, namely:
TITLE I
GLOBAL WAR ON TERROR SUPPLEMENTAL APPROPRIATIONS
* * * * * * *
CHAPTER 3
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
United States Agency for International Development
child survival and health programs fund
For an additional amount for ``Child Survival and Health
Programs Fund'', $7,800,000, to remain available until
September 30, 2007: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
development assistance
For an additional amount for ``Development Assistance'',
$16,500,000, to remain available until September 30, 2007:
Provided, That of the funds appropriated under this heading,
$6,000,000 shall be made available for assistance for Guatemala
for relief and reconstruction activities related to Hurricane
Stan: Provided further, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
international disaster and famine assistance
(including transfer of funds)
For an additional amount for ``International Disaster and
Famine Assistance'', $161,300,000, to remain available until
expended, of which up to $80,000 may be transferred to and
merged with ``Operating Expenses of the United States Agency
for International Development'', for associated administrative
costs: Provided, That the amounts provided under this heading
are designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
operating expenses of the united states agency for international
development
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$101,000,000, to remain available until September 30, 2007:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
OTHER BILATERAL ECONOMIC ASSISTANCE
Economic Support Fund
(including transfer of funds)
For an additional amount for ``Economic Support Fund'',
$1,686,000,000, to remain available until September 30, 2007,
of which up to $11,000,000 may be used for the costs, as
defined in section 502 of the Congressional Budget Act of 1974,
of modifying direct loans and guarantees for Afghanistan or
otherwise of reducing any amounts owed to the United States or
any agency of the United States by Afghanistan: Provided, That
such amounts for the costs of modifying direct loans and
guarantees shall not be considered ``assistance'' for the
purposes of any provision of law limiting assistance to a
country: Provided further, That the last proviso under the
heading ``Economic Support Fund'' in title II of Public Law
109-102 and comparable provisions in prior Acts making
appropriations for foreign operations, export financing, and
related programs shall no longer be applicable to funds
appropriated under such heading in this Act or any prior Act:
Provided further, That of the funds available under this
heading for assistance for Afghanistan, $5,000,000 shall be
made available for agriculture and rural development programs
in Afghanistan to be administered through a national consortium
of agriculture colleges and land-grant universities: Provided
further, That of the funds available under this heading for
assistance for Iraq, not less than $50,000,000 shall be made
available to the United States Agency for International
Development for continued support for its Community Action
Program in Iraq, of which not less than $5,000,000 shall be
transferred to and merged with funds appropriated under the
heading ``Iraq Relief and Reconstruction Fund'' in chapter 2 of
title II of Public Law 108-106 and shall be made available for
the Marla Ruzicka Iraqi War Victims Fund: Provided further,
That of the funds made available under this heading for
assistance for Iraq, not less than $50,000,000 shall be made
available for programs and activities to promote democracy, the
rule of law and reconciliation: \1\ Provided further, That
funds appropriated under this heading that are made available
for police and judicial reform in Haiti shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That the amounts provided
under this heading are designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
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\1\ Chapter 6 of title I of Public Law 110-28 (121 Stat. 129)
provided the following:
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``Other Bilateral Economic Assistance
``economic support fund
---------------------------------------------------------------------------
``* * * Provided further, That of the funds made available under
the heading `Economic Support Fund' in Public Law 109-234 for Iraq to
promote democracy, rule of law and reconciliation, $2,000,000 should be
made available for the United States Institute of Peace for programs
and activities in Afghanistan to remain available until September 30,
2008.''.
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DEPARTMENT OF STATE
Democracy Fund
For an additional amount for ``Democracy Fund'',
$22,500,000, of which $20,000,000 shall be made available for
programs and activities promoting democracy in Iran and of
which $2,500,000 shall be made available for assistance for the
Democratic Republic of the Congo, to remain available until
September 30, 2007: Provided, That funds appropriated under
this heading shall be made available notwithstanding any other
provision of law, and those funds made available to promote
democracy in Iran shall be administered by the Middle East
Partnership Initiative, in consultation with the Bureau of
Democracy, Human Rights, and Labor of the Department of State:
Provided further, That funds made available under this heading
in this Act shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
International Narcotics Control and Law Enforcement
(including transfer of funds)
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $107,700,000, to remain
available until September 30, 2008: Provided, That of the funds
appropriated under this heading, not less than $3,300,000 shall
be made available for assistance for the Peace and Justice Unit
of the Colombian Fiscalia notwithstanding section 599E of
Public Law 109-102: Provided further, That of the funds
appropriated under this heading, up to $13,000,000 is available
for procurement of a maritime patrol aircraft for the Colombian
Navy and may be transferred to and merged with funds previously
appropriated to the ``Foreign Military Financing Program'' to
finance such procurement: \2\ Provided further, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006.
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\2\ Chapter 8 of title I of Public Law 110-28 (121 Stat. 146)
provided the following:
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``international narcotics control and law enforcement
``(including rescission of funds)
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``For an additional amount for `International Narcotics Control and
Law Enforcement', $42,000,000, to remain available until September 30,
2008.
``Of the amounts made available for procurement of a maritime
patrol aircraft for the Colombian Navy under this heading in Public Law
109-234, $13,000,000 are rescinded.''.
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Migration and Refugee Assistance
For an additional amount for ``Migration and Refugee
Assistance'', $75,700,000, to remain available until September
30, 2007: Provided, That the amount provided under this heading
is designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
DEPARTMENT OF THE TREASURY
International Affairs Technical Assistance
For an additional amount for ``International Affairs
Technical Assistance'', $13,000,000, to remain available until
September 30, 2007: Provided, That the amount provided under
this heading is designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
Peacekeeping Operations
For an additional amount for ``Peacekeeping Operations'',
$178,000,000, to remain available until September 30, 2007:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402
of H. Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 1301. Funds appropriated or made available by transfer
in this chapter may be obligated and expended notwithstanding
section 15 of the State Department Basic Authorities Act of
1956 and section 10 of Public Law 91-672 (22 U.S.C. 2412).
Sec. 1302. (a) Notwithstanding any other provision of law,
amounts under the heading ``Iraq Relief and Reconstruction
Fund'' in title II of Public Law 108-106 shall remain available
for one additional year from the date on which the availability
of funds would otherwise have expired, if such funds are
initially obligated before the expiration of the period of
availability provided herein: Provided,\3\ That notwithstanding
section 2207(d) of Public Law 108-106, requirements of section
2207 of Public Law 108-106 shall expire on October 1, 2008.
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\3\ 22 U.S.C. 2151 note.
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(b) Chapter 2 of title II of Public Law 108-106 (117 Stat.
1225-1226), as amended by Public Law 108-309 (118 Stat. 1142-
1143), is further amended under the heading ``Iraq Relief and
Reconstruction Fund'' by--
(1) striking ``$5,090,000,000'' and inserting
``$5,036,000,000'' for security and law enforcement;
(2) striking ``$1,960,000,000'' and inserting
``$2,349,800,000'' for justice, public safety
infrastructure, and civil society;
(3) striking ``$4,455,000,000'' and inserting
``$4,220,000,000'' for the electric sector;
(4) striking ``$1,723,000,000'' and inserting
``$1,735,600,000'' for oil infrastructure;
(5) striking ``$2,361,000,000'' and inserting
``$2,131,100,000'' for water resources and sanitation;
(6) striking ``$500,000,000'' and inserting
``$465,500,000'' for transportation and
telecommunications;
(7) striking ``$370,000,000'' and inserting
``$333,700,000'' for roads, bridges, and construction;
(8) striking ``$793,000,000'' and inserting
``$739,000,000'' for health care;
(9) striking ``$845,000,000'' and inserting
``$805,300,000'' for private sector development; and
(10) striking ``$342,000,000'' and inserting
``$410,000,000'' for education, refugees, human rights,
and governance.
Sec. 1303. Of the funds made available for Coalition
Solidarity Initiative under the heading ``Peacekeeping
Operations'' in chapter 2 of title II of division A of Public
Law 109-13, $7,000,000 is rescinded.
Sec. 1304. (a) Section 550 of Public Law 109-102 (119 Stat.
2217) is amended to read as follows:
``prohibition on assistance for the palestinian authority
``Sec. 550. (a) Prohibition on Assistance.--None of the
funds appropriated by this Act or any prior Act making
appropriations for foreign operations, export financing, and
related programs, may be obligated or expended for assistance
for the Palestinian Authority unless the Secretary of State
determines, and so reports to the Committees on Appropriations,
that the Palestinian Authority has complied with the standards
contained in the Quartet's January 30, 2006 Statement on the
Situation in the Middle East that ``a future Palestinian
government must be committed to nonviolence, recognition of
Israel, and acceptance of previous agreements and obligations,
including the Roadmap''.
``(b) Waiver Authority.--
``(1) The President may waive subsection (a) with
respect to the administrative and personal security
costs of the Office of the President of the Palestinian
Authority, for activities of the President of the
Palestinian Authority to promote democracy, peaceful
resolution of the Israeli-Palestinian conflict, and the
rule of law, and with respect to independent agencies,
if the President certifies and reports to the
Committees on Appropriations that--
``(A) it is in the national security interest
of the United States to provide such
assistance;
``(B) as the case may be, the President of
the Palestinian Authority, the President's
party, and independent agencies and any members
thereof, are not members of, appointed by, or
effectively controlled by Hamas or any other
foreign terrorist organization; and
``(C) assistance provided under the authority
of this subsection will not be transferred or
retransferred to any member of Hamas or other
foreign terrorist organization or to any entity
effectively controlled by Hamas or other
foreign terrorist organization.
``(2) Not less than 15 days prior to exercising the
authority provided in this subsection, the President
shall consult with, and shall provide a written policy
justification to, the Committees on Appropriations of
the House of Representatives and the Senate and the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations
of the Senate.
``(c) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations describing how the
funds will be spent and the accounting procedures in place to
ensure proper oversight and accountability.''.
(b) Effective on the date of enactment of this Act, none of
the funds appropriated under the heading ``Economic Support
Fund'' in Public Law 109-102 (119 Stat. 2217) or any prior Act
making appropriations for foreign operations, export financing
and related programs may be obligated for assistance for the
West Bank and Gaza until the Secretary of State consults with
the Committees on Appropriations, submits a revised plan for
such assistance to the Committees on Appropriations, and
determines and reports to the Committees on Appropriations that
appropriate procedures and safeguards exist to ensure that
United States assistance is not provided to or through any
individual, private or government entity, or educational
institution, that the Secretary knows or has reason to believe
advocates, plans, sponsors, engages in, or has engaged in,
terrorist activity.
Sec. 1305. Of the funds appropriated under the heading
``Subsidy Appropriation'' for the Export-Import Bank of the
United States that are available for tied-aid grants in title I
of Public Law 107-115 and under such heading in prior Acts
making appropriations for foreign operations, export financing,
and related programs, $37,000,000 are rescinded.
Sec. 1306. To the extent not otherwise authorized,
supervision and administrative costs of the Department of
Defense associated with a construction project funded with the
Iraq Relief and Reconstruction Fund may be obligated at the
time a construction contract is awarded or, for pre-existing
contracts, by September 30, 2006: Provided, That for the
purposes of this section, supervision and administration costs
include all in-house Government costs.
* * * * * * *
This Act may be cited as the ``Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006''.
i. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006
Public Law 109-102 [H.R. 3057], 119 Stat. 2172, approved November 14,
2005; as amended by Public Law 109-234 [Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006; H.R. 4939], 120 Stat. 418, approved June 15, 2006;
Public Law 109-289 [Continuing Appropriations Resolution, 2007; H.R.
5631; as amended], 120 Stat. 1257, approved September 29, 2006; Public
Law 110-28 [U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriations Act, 2007; H.R. 2206], 121 Stat.
112, approved May 25, 2007; and Public Law 110-53 [Implementing
Recommendations of the 9/11 Commission Act of 2007; H.R. 1], 121 Stat.
266, approved August 3, 2007
--------------------------------------------------------------------------------------------------------------------------------------------------------
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Note.--Fiscal year 2006 appropriations were continued into fiscal year 2007 in Public Law 109-289
--------------------------------------------------------------------------------------------------------------------------------------------------------
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 2006, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2006, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general of the export-import bank
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $1,000,000, to remain available until
September 30, 2007.
export-import bank program account
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by
section 104 of the Government Corporation Control Act, as may
be necessary in carrying out the program for the current fiscal
year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of
nuclear equipment, fuel, or technology to any country, other
than a nuclear-weapon state as defined in Article IX of the
Treaty on the Non-Proliferation of Nuclear Weapons eligible to
receive economic or military assistance under this Act, that
has detonated a nuclear explosive after the date of the
enactment of this Act: Provided further, That \1\
notwithstanding section 1(c) of Public Law 103-428, as amended,
sections 1(a) and (b) of Public Law 103-428 shall remain in
effect through October 1, 2006.
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\1\ 12 U.S.C. 635 note. Sec. 1(a) and (b) of Public Law 103-428
amended sec. 2(b)(6)(H) and (I) of the Export-Import Bank Act of 1945.
Sec. 1(c) of that Act, however, provided that the amendments would
remain in effect from enactment through September 30, 1997. Sec.
2(b)(6)(H) and (I) provide as follows:
``(H) Once in each calendar quarter, the Bank shall submit a report
to the Committee on Banking, Housing, and Urban Affairs of the Senate,
and the Committee on Banking, Finance, and Urban Affairs of the House
of Representatives on all instances in which the Bank, during the
reporting quarter, guaranteed, insured, or extended credit or
participated in an extension of credit in connection with any credit
sale of an article, service, or related technical data described in
subparagraph (G) that the Bank determined would not be put to a
military use or described in subparagraph (I)(i). Such report shall
include a description of each of the transactions and the justification
for the Bank's actions.
``(I)(i) Subparagraph (A) shall not apply to a transaction
involving defense articles or services if--
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``(I) the Bank determines that--
``(aa) the defense articles or service are nonlethal; and
``(bb) the primary end use of the defense articles or services will be
for civilian purposes; and
``(II) at least 15 calendar days before the date on which the Board of
Directors of the Bank gives final approval to Bank participation in the
transaction, the Bank provides notice of the transaction to the Committees
on Banking, Finance and Urban Affairs and on Appropriations of the House of
Representatives and the Committees on Banking, Housing, and Urban Affairs
and on Appropriations of the Senate.
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``(ii) Not more than 10 percent of the loan, guarantee, and
insurance authority available to the Bank for a fiscal year may be used
by the Bank to support the sale of defense articles or services to
which subparagraph (A) does not apply by reason of clause (i) of this
subparagraph.
``(iii) Not later than September 1 of each fiscal year, the
Comptroller General of the United States, in consultation with the
Bank, shall submit to the Committees on Banking, Finance and Urban
Affairs and on Appropriations of the House of Representatives and the
Committees on Banking, Housing, and Urban Affairs and on Appropriations
of the Senate a report on the end uses of any defense articles or
services described in clause (i) with respect to which the Bank
provided support during the second preceding fiscal year.''.
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subsidy appropriation
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the Export-
Import Bank Act of 1945, as amended, $100,000,000, to remain
available until September 30, 2009: \2\ Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall remain available until
September 30, 2024, for the disbursement of direct loans, loan
guarantees, insurance and tied-aid grants obligated in fiscal
years 2006, 2007, 2008, and 2009: Provided further, That none
of the funds appropriated by this Act or any prior Act
appropriating funds for foreign operations, export financing,
and related programs for tied-aid credits or grants may be used
for any other purpose except through the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export-Import
Bank Act of 1945, in connection with the purchase or lease of
any product by any Eastern European country, any Baltic State
or any agency or national thereof.
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\2\ Sec. 20401 of Public Law 109-289, as amended by Public Law 110-
5 (121 Stat. 22), provided, for fiscal year 2007, that
``Notwithstanding section 101, the level for each of the following
accounts shall be as follows: `Export and Investment Assistance,
Export-Import Bank of the United States, Subsidy Appropriation',
$26,382,000''.
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administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5 U.S.C.
3109, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors,
$73,200,000: Provided, That the Export-Import Bank may accept,
and use, payment or services provided by transaction
participants for legal, financial, or technical services in
connection with any transaction for which an application for a
loan, guarantee or insurance commitment has been made: Provided
further, That,\3\ notwithstanding subsection (b) of section 117
of the Export Enhancement Act of 1992, subsection (a) thereof
shall remain in effect until October 1, 2006.
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\3\ 12 U.S.C. 635a note.
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Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided
by 31 U.S.C. 9104, such expenditures and commitments within the
limits of funds available to it and in accordance with law as
may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance
programs (including an amount for official reception and
representation expenses which shall not exceed $35,000) shall
not exceed $42,274,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors
pursuant to section 234 of the Foreign Assistance Act of 1961,
shall not be considered administrative expenses for the
purposes of this heading.
program account
For the cost of direct and guaranteed loans, $20,276,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Non-Credit Account: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall be available for direct
loan obligations and loan guaranty commitments incurred or made
during fiscal years 2006 and 2007: Provided further, That such
sums shall remain available through fiscal year 2014 for the
disbursement of direct and guaranteed loans obligated in fiscal
year 2006, and through fiscal year 2015 for the disbursement of
direct and guaranteed loans obligated in fiscal year 2007:
Provided further, That notwithstanding any other provision of
law, the Overseas Private Investment Corporation is authorized
to undertake any program authorized by title IV of the Foreign
Assistance Act of 1961 in Iraq: Provided further, That funds
made available pursuant to the authority of the previous
proviso shall be subject to the regular notification procedures
of the Committees on Appropriations.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may be
derived from amounts available for administrative expenses to
carry out the credit and insurance programs in the Overseas
Private Investment Corporation Noncredit Account and merged
with said account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961, $50,900,000,
to remain available until September 30, 2007.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 2006,
unless otherwise specified herein, as follows:
united states agency for international development
child survival and health programs fund \4\
(including transfer of funds)
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for child survival, health, and family planning/
reproductive health activities, in addition to funds otherwise
available for such purposes, $1,585,000,000, to remain
available until September 30, 2007: Provided, That this amount
shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3)
health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or
orphaned by causes other than AIDS; (5) programs for the
prevention, treatment, control of, and research on HIV/AIDS,
tuberculosis, polio, malaria, and other infectious diseases,
and for assistance to communities severely affected by HIV/
AIDS, including children displaced or orphaned by AIDS; and (6)
family planning/reproductive health: Provided further, That
none of the funds appropriated under this heading may be made
available for nonproject assistance, except that funds may be
made available for such assistance for ongoing health
activities: Provided further, That of the funds appropriated
under this heading, not to exceed $350,000, in addition to
funds otherwise available for such purposes, may be used to
monitor and provide oversight of child survival, maternal and
family planning/reproductive health, and infectious disease
programs: Provided further, That the following amounts should
be allocated as follows: $360,000,000 for child survival and
maternal health; $30,000,000 for vulnerable children;
$350,000,000 for HIV/AIDS; $220,000,000 for other infectious
diseases; and $375,000,000 for family planning/reproductive
health, including in areas where population growth threatens
biodiversity or endangered species: Provided further, That of
the funds appropriated under this heading, and in addition to
funds allocated under the previous proviso, not less than
$250,000,000 shall be made available, notwithstanding any other
provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public
Law 108-25), for a United States contribution to the Global
Fund to Fight AIDS, Tuberculosis and Malaria (the ``Global
Fund''), and shall be expended at the minimum rate necessary to
make timely payment for projects and activities: Provided
further, That up to 5 percent of the aggregate amount of funds
made available to the Global Fund in fiscal year 2006 may be
made available to the United States Agency for International
Development for technical assistance related to the activities
of the Global Fund: Provided further, That of the funds
appropriated under this heading, $70,000,000 should be made
available for a United States contribution to The Vaccine
Fund,\5\ and up to $6,000,000 may be transferred to and merged
with funds appropriated by this Act under the heading
``Operating Expenses of the United States Agency for
International Development'' for costs directly related to
international health, but funds made available for such costs
may not be derived from amounts made available for contribution
under this and preceding provisos: Provided further,\6\ That
none of the funds made available in this Act nor any
unobligated balances from prior appropriations may be made
available to any organization or program which, as determined
by the President of the United States, supports or participates
in the management of a program of coercive abortion or
involuntary sterilization: Provided further, That none of the
funds made available under this Act may be used to pay for the
performance of abortion as a method of family planning or to
motivate or coerce any person to practice abortions: Provided
further, That nothing in this paragraph shall be construed to
alter any existing statutory prohibitions against abortion
under section 104 of the Foreign Assistance Act of 1961:
Provided further, That none of the funds made available under
this Act may be used to lobby for or against abortion: Provided
further, That in order to reduce reliance on abortion in
developing nations, funds shall be available only to voluntary
family planning projects which offer, either directly or
through referral to, or information about access to, a broad
range of family planning methods and services, and that any
such voluntary family planning project shall meet the following
requirements: (1) service providers or referral agents in the
project shall not implement or be subject to quotas, or other
numerical targets, of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning (this provision shall not be construed to
include the use of quantitative estimates or indicators for
budgeting and planning purposes); (2) the project shall not
include payment of incentives, bribes, gratuities, or financial
reward to: (A) an individual in exchange for becoming a family
planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of
family planning acceptors, or acceptors of a particular method
of family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall provide
family planning acceptors comprehensible information on the
health benefits and risks of the method chosen, including those
conditions that might render the use of the method inadvisable
and those adverse side effects known to be consequent to the
use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical
procedures are provided only in the context of a scientific
study in which participants are advised of potential risks and
benefits; and, not less than 60 days after the date on which
the Administrator of the United States Agency for International
Development determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations
a report containing a description of such violation and the
corrective action taken by the Agency: Provided further, That
in awarding grants for natural family planning under section
104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning;
and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or
appropriating funds for foreign operations, export financing,
and related programs, the term ``motivate'', as it relates to
family planning assistance, shall not be construed to prohibit
the provision, consistent with local law, of information or
counseling about all pregnancy options: Provided further, That
to the maximum extent feasible, taking into consideration cost,
timely availability, and best health practices, funds
appropriated in this Act or prior appropriations Acts that are
made available for condom procurement shall be made available
only for the procurement of condoms manufactured in the United
States: Provided further, That information provided about the
use of condoms as part of projects or activities that are
funded from amounts appropriated by this Act shall be medically
accurate and shall include the public health benefits and
failure rates of such use.
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\4\ Sec. 596 of this Act stipulates that funds provided in this Act
in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included''
in the conference report agreed to in the course of enactment of this
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law
109-102 (for allocation of Child Survival and Health Programs Fund, see
p. 81).
\5\ Sec. 20414 of Public Law 109-289, as amended by Public Law 110-
5 (121 Stat. 26), provided, for fiscal year 2007, that ``The seventh
proviso under the heading `Bilateral Economic Assistance, Funds
Appropriated to the President, United States Agency for International
Development, Child Survival and Health Programs Fund' of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
2006 (Public Law 109-102) shall be applied to funds made available
under this division by substituting `The GAVI Fund' for `The Vaccine
Fund'.''.
\6\ This proviso is popularly referred to as the Kemp-Kasten
amendment.
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development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, and sections 251 through 255, and
chapter 10 of part I of the Foreign Assistance Act of 1961,
$1,524,000,000, to remain available until September 30, 2007:
Provided, That $214,000,000 should be allocated for trade
capacity building, of which at least $20,000,000 shall be made
available for labor and environmental capacity building
activities relating to the free trade agreement with the
countries of Central America and the Dominican Republic:
Provided further, That $365,000,000 should be allocated for
basic education: Provided further, That of the funds
appropriated under this heading and managed by the United
States Agency for International Development Bureau of
Democracy, Conflict, and Humanitarian Assistance, not less than
$15,000,000 shall be made available only for programs to
improve women's leadership capacity in recipient countries:
Provided further, That such funds may not be made available for
construction: Provided further, That of the funds appropriated
under this heading that are made available for assistance
programs for displaced and orphaned children and victims of
war, not to exceed $42,500, in addition to funds otherwise
available for such purposes, may be used to monitor and provide
oversight of such programs: Provided further, That funds
appropriated under this heading should be made available for
programs in sub-Saharan Africa to address sexual and gender-
based violence: Provided further, That of the aggregate amount
of the funds appropriated by this Act that are made available
for agriculture and rural development programs, $30,000,000
should be made available for plant biotechnology research and
development: Provided further, That not less than $2,300,000
should be made available for core support for the International
Fertilizer Development Center: \7\ Provided further, That of
the funds appropriated under this heading, not less than
$20,000,000 should be made available for the American Schools
and Hospitals Abroad program: Provided further, That of the
funds appropriated under this heading, $10,000,000 may be made
available for cooperative development programs within the
Office of Private and Voluntary Cooperation: Provided
further,\8\ That of the funds appropriated under this heading,
$2,000,000 shall be made available for reconstruction and
development programs in South Asia: Provided further, That
funds should be made available for activities to reduce the
incidence of child marriage in developing countries: Provided
further, That of the funds appropriated under this heading, up
to $20,000,000 should be made available to develop clean water
treatment activities in developing countries: Provided further,
That of the funds appropriated by this Act, not less than
$200,000,000 shall be made available for drinking water supply
projects and related activities, of which not less than
$50,000,000 should be made available for programs in Africa.
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\7\ Sec. 20406 of Public Law 109-289, as amended by Public Law 110-
5 (121 Stat. 24), provided, for fiscal year 2007, that
``Notwithstanding any other provision of this division, the eighth
proviso under the heading `Bilateral Economic Assistance, Funds
Appropriated to the President, United States Agency for International
Development, Development Assistance' in the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006 (Public Law
109-102) shall not apply to funds appropriated by this division.''.
\8\ Sec. 20409 of Public Law 109-289, as amended by Public Law 110-
5 (121 Stat. 25), provided, for fiscal year 2007, that
``Notwithstanding any other provision of this division, the following
provisions in the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2006 (Public Law 109-102) shall not apply
to funds appropriated by this division: * * * the eleventh proviso
under the heading `Bilateral Economic Assistance, Funds Appropriated to
the President, United States Agency for International Development,
Development Assistance' * * *''.
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international disaster and famine assistance
For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $365,000,000, to remain available
until expended, of which $20,000,000 should be for famine
prevention and relief.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, $40,000,000,
to remain available until expended, to support transition to
democracy and to long-term development of countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a
report to the Committees on Appropriations at least 5 days
prior to beginning a new program of assistance: Provided
further, That if the President determines that it is important
to the national interests of the United States to provide
transition assistance in excess of the amount appropriated
under this heading, up to $15,000,000 of the funds appropriated
by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made
available subject to prior consultation with the Committees on
Appropriations.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development, as
authorized by sections 256 and 635 of the Foreign Assistance
Act of 1961, up to $21,000,000 may be derived by transfer from
funds appropriated by this Act to carry out part I of such Act
and under the heading ``Assistance for Eastern Europe and the
Baltic States'': Provided, That such funds shall be made
available only for micro and small enterprise programs, urban
programs, and other programs which further the purposes of part
I of the Act: Provided further, That such costs, including the
cost of modifying such direct and guaranteed loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974,
as amended: Provided further, That funds made available by this
paragraph may be used for the cost of modifying any such
guaranteed loans under this Act or prior Acts, and funds used
for such costs shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the provisions of section 107A(d) (relating to
general provisions applicable to the Development Credit
Authority) of the Foreign Assistance Act of 1961, as contained
in section 306 of H.R. 1486 as reported by the House Committee
on International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this
heading: \9\ Provided further, That these funds are available
to subsidize total loan principal, any portion of which is to
be guaranteed, of up to $700,000,000.
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\9\ Sec. 306 of H.R. 1486, as reported by the Committee on
International Relations, May 9, 1997 (H. Rept. 105-94), sought to amend
the Foreign Assistance Act of 1961 by adding a new sec. 107A to
establish the President's authority to use development credit authority
where recipients would otherwise not have access to such credit and
that credit would be in keeping with U.S. development purposes. Sec.
107A(d), as referred to in the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2005, would have provided the
following, if enacted:
``(d) General Provisions Applicable to Development Credit
Authority.--
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``(1) Policy provisions.--In providing the credit assistance authorized
by this section, the President should apply, as appropriate, the policy
provisions in this part applicable to development assistance activities.
``(2) Default and procurement provisions.--
``(A) Default provision.--The provisions of section 620(q) of this Act,
or any comparable provisions of law, shall not be construed to prohibit
assistance to a country in the event that a private sector recipient of
assistance furnished under this section is in default in its payment to the
United States for the period specified in such section.
``(B) Procurement provision.--Assistance may be provided under this
section without regard to section 604(a) of this Act.
``(3) Terms and conditions of credit assistance.--(A) Assistance provided
under this section shall be offered on such terms and conditions, including
fees charged, as the President may determine.
``(B) The principal amount of loans made or guaranteed under this section
in any fiscal year, with respect to any single country or borrower, may not
exceed $100,000,000.
``(C) No payment may be made under any guarantee issued under this
section for any loss arising out of fraud or misrepresentation for which
the party seeking payment is responsible.
``(4) Full faith and credit.--All guarantees issued under this section
shall constitute obligations, in accordance with the terms of such
guarantees, of the United States of America and the full faith and credit
of the United States of America is hereby pledged for the full payment and
performance of such obligations to the extent of the guarantee.
``(5) Co-financing and risk sharing.--
``(A) In general.--(i) Assistance provided under this section shall be in
the form of co-financing or risk sharing.
``(ii) Credit assistance may not be provided to a borrower under this
section unless the Administrator of the United States Agency for
International Development determines that there are reasonable prospects of
repayment by such borrower.
``(B) Additional requirement.--The investment or risk of the United
States in any one development activity may not exceed 80 percent of the
total outstanding investment or risk.
``(6) Eligible borrowers.--
``(A) In general.--In order to be eligible to receive credit assistance
under this section, a borrower shall be sufficiently credit worthy so that
the estimated costs (as defined in section 502 of the Federal Credit Reform
Act of 1990) of the proposed credit assistance for the borrower does not
exceed 30 percent of the principal amount of credit assistance to be
received.
``(B) Additional requirement.--(i) In addition, with respect to the
eligibility of foreign governments as an eligible borrowers under this
section, the Administrator of the United States Agency for International
Development shall make a determination that the additional debt of the
government will not exceed the debt repayment capacity of the government.
``(ii) In making the determination under clause (i), the Administrator
shall consult, as appropriate, with international financial institutions
and other institutions or agencies that assess debt service capacity.
``(7) Assessment of credit risk.--(A) The Administrator of the United
States Agency for International Development shall use the Interagency
Country Risk Assessment System (ICRAS) and the methodology approved by the
Office of Management and Budget to assess the cost of risk credit
assistance provided under this section to foreign governments.
``(B) With respect to the provision of credit to nongovernmental
organizations, the Administrator--
``(i) shall consult with appropriate private sector institutions,
including the two largest United States private sector debt rating
agencies, prior to establishing the risk assessment standards and
methodologies to be used; and
``(ii) shall periodically consult with such institutions in reviewing the
performance of such standards and methodologies.
``(C) In addition, if the anticipated share of financing attributable to
public sector owned or controlled entities, including the United States
Agency for International Development, exceeds 49 percent, the Administrator
shall determine the cost (as defined in section 502(5) of the Federal
Credit Reform Act of 1990) of such assistance by using the cost and risk
assessment determinations of the private sector co-financing entities.
``(8) Use of united states technology, firms, and equipment.--Activities
financed under this section shall, to the maximum extent practicable, use
or employ United States technology, firms, and equipment.''.
In addition, for administrative expenses to carry out
credit programs administered by the United States Agency for
International Development, $8,000,000, which may be transferred
to and merged with the appropriation for Operating Expenses of
the United States Agency for International Development:
Provided, That funds made available under this heading shall
remain available until September 30, 2008.
payment to the foreign service retirement and disability fund
For payment to the ``Foreign Service Retirement and
Disability Fund'', as authorized by the Foreign Service Act of
1980, $41,700,000.
operating expenses of the united states agency for international
development
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$630,000,000, of which up to $25,000,000 may remain available
until September 30, 2007: Provided, That none of the funds
appropriated under this heading and under the heading ``Capital
Investment Fund'' may be made available to finance the
construction (including architect and engineering services),
purchase, or long-term lease of offices for use by the United
States Agency for International Development, unless the
Administrator has identified such proposed construction
(including architect and engineering services), purchase, or
long-term lease of offices in a report submitted to the
Committees on Appropriations at least 15 days prior to the
obligation of these funds for such purposes: Provided further,
That the previous proviso shall not apply where the total cost
of construction (including architect and engineering services),
purchase, or long-term lease of offices does not exceed
$1,000,000: Provided further, That contracts or agreements
entered into with funds appropriated under this heading may
entail commitments for the expenditure of such funds through
fiscal year 2007: Provided further, That none of the funds in
this Act may be used to open a new overseas mission of the
United States Agency for International Development without the
prior written notification of the Committees on Appropriations:
Provided further, That the authority of sections 610 and 109 of
the Foreign Assistance Act of 1961 may be exercised by the
Secretary of State to transfer funds appropriated to carry out
chapter 1 of part I of such Act to ``Operating Expenses of the
United States Agency for International Development'' in
accordance with the provisions of those sections.
capital investment fund
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of 1961,
$70,000,000, to remain available until expended: Provided, That
this amount is in addition to funds otherwise available for
such purposes: Provided further, That funds appropriated under
this heading shall be available for obligation only pursuant to
the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds
appropriated under this heading, not to exceed $48,100,000 may
be made available for the purposes of implementing the Capital
Security Cost Sharing Program.
operating expenses of the united states agency for international
development office of inspector general
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961, $36,000,000,
to remain available until September 30, 2007, which sum shall
be available for the Office of the Inspector General of the
United States Agency for International Development.
Other Bilateral Economic Assistance
economic support fund \10\
(including transfer of funds)
For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,634,000,000,\11\ to remain available
until September 30, 2007: Provided, That of the funds
appropriated under this heading, not less than $240,000,000
\11\ shall be available only for Israel, which sum shall be
available on a grant basis as a cash transfer and shall be
disbursed within 30 days of the enactment of this Act: Provided
further, That not less than $495,000,000 \11\ shall be
available only for Egypt, which sum shall be provided on a
grant basis, and of which sum cash transfer assistance shall be
provided with the understanding that Egypt will undertake
significant economic and political reforms which are additional
to those which were undertaken in previous fiscal years:
Provided further, That with respect to the provision of
assistance for Egypt for democracy and governance activities,
the organizations implementing such assistance and the specific
nature of that assistance shall not be subject to the prior
approval by the Government of Egypt: Provided further, That of
the funds appropriated under this heading for assistance for
Egypt, not less than $135,000,000 shall be made available for
project assistance, of which not less than $50,000,000 shall be
made available for democracy, human rights and governance
programs and not less than $50,000,000 shall be used for
education programs, of which not less than $5,000,000 shall be
made available for scholarships for disadvantaged Egyptian
students to attend American accredited institutions of higher
education in Egypt: Provided further, That of the funds
appropriated under this heading for assistance for Egypt for
economic reform activities, $227,600,000 shall be withheld from
obligation until the Secretary of State determines and reports
to the Committees on Appropriations that Egypt has met the
calendar year 2005 benchmarks accompanying the ``Financial
Sector Reform Memorandum of Understanding'' dated March 20,
2005: Provided further, That $20,000,000 of the funds
appropriated under this heading should be made available for
Cyprus to be used only for scholarships, administrative support
of the scholarship program, bicommunal projects, and measures
aimed at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two
communities on Cyprus: Provided further, That in exercising the
authority to provide cash transfer assistance for Israel, the
President shall ensure that the level of such assistance does
not cause an adverse impact on the total level of nonmilitary
exports from the United States to such country and that Israel
enters into a side letter agreement in an amount proportional
to the fiscal year 1999 agreement: Provided further, That of
the funds appropriated under this heading, not less than
$250,000,000 should be made available only for assistance for
Jordan: Provided further, That of the funds appropriated under
this heading that are available for assistance for the West
Bank and Gaza, not to exceed $2,000,000 \11\ may be used for
administrative expenses of the United States Agency for
International Development, in addition to funds otherwise
available for such purposes, to carry out programs in the West
Bank and Gaza: Provided further, That not more than
$225,000,000 of the funds made available for assistance for
Afghanistan under this heading may be obligated for such
assistance until the Secretary of State certifies to the
Committees on Appropriations that the Government of Afghanistan
at both the national and local level is cooperating fully with
United States funded poppy eradication and interdiction efforts
in Afghanistan: Provided further, That the President may waive
the previous proviso if he determines and reports to the
Committees on Appropriations that to do so is vital to the
national security interests of the United States: Provided
further, That such report shall include an analysis of the
steps being taken by the Government of Afghanistan, at the
national and local level, to cooperate fully with United States
funded poppy eradication and interdiction efforts in
Afghanistan: Provided further, That $40,000,000 of the funds
appropriated under this heading shall be made available for
assistance for Lebanon, of which not less than $6,000,000
should be made available for scholarships and direct support of
American educational institutions in Lebanon: Provided
further,\11\ That of the funds appropriated under this heading
that are made available for assistance for Iraq, not less than
$5,000,000 shall be transferred to and merged with funds
appropriated under the heading ``Iraq Relief and Reconstruction
Fund'' in chapter 2 of title II of Public Law 108-106 and shall
be made available for the Marla Ruzicka Iraqi War Victims Fund:
Provided further, That of the funds appropriated under this
heading that are made available for assistance for Iraq, not
less than $56,000,000 shall be made available for democracy,
governance and rule of law programs in Iraq: Provided further,
That of the funds appropriated under this heading, not less
than $19,000,000 shall be made available for assistance for the
Democratic Republic of Timor-Leste, of which up to $1,000,000
may be available for administrative expenses of the United
States Agency for International Development: Provided further,
That notwithstanding any other provision of law, funds
appropriated under this heading shall be made available for
programs and activities for the Central Highlands of Vietnam:
Provided further, That funds appropriated under this heading
that are made available for a Middle East Financing Facility,
Middle East Enterprise Fund, or any other similar entity in the
Middle East shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of funds appropriated under this heading,
$13,000,000 should be made available for a United States
contribution to the Special Court for Sierra Leone: Provided
further,\11\ That with respect to funds appropriated under this
heading in this Act or prior Acts making appropriations for
foreign operations, export financing, and related programs, the
responsibility for policy decisions and justifications for the
use of such funds, including whether there will be a program
for a country that uses those funds and the amount of each such
program, shall be the responsibility of the Secretary of State
and the Deputy Secretary of State and this responsibility shall
not be delegated.
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\10\ Sec. 596 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included''
in the conference report agreed to in the course of enactment of this
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law
109-102 (for allocation of Economic Support Funds, see p. 86).
\11\ Sec. 20402 of Public Law 109-289, as amended by Public Law
110-5 (121 Stat. 23), provided, for fiscal year 2007, that
``Notwithstanding section 101, the level for `Bilateral Economic
Assistance, Funds Appropriated to the President, Other Bilateral
Economic Assistance, Economic Support Fund' shall be $2,455,010,000:
Provided, That the number in the first proviso under the heading `Other
Bilateral Economic Assistance, Economic Support Fund' in the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
2006 (Public Law 109-102) shall be deemed to be $120,000,000 for the
purpose of applying funds appropriated under such heading by this
division: Provided further, That the number in the second proviso under
the heading `Other Bilateral Economic Assistance, Economic Support
Fund' in the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006 (Public Law 109-102) shall be deemed to be
$455,000,000 for the purpose of applying funds appropriated under such
heading by this division: Provided further, That up to $50,000,000
shall be made available for assistance for the West Bank and Gaza and
up to $50,000,000 shall be made available for the Middle East
Partnership Initiative: Provided further, That not less than $5,000,000
shall be made available for the fund established by section 2108 of
Public Law 109-13: Provided further, That the fourteenth and twentieth
provisos under the heading `Bilateral Economic Assistance, Funds
Appropriated to the President, Other Bilateral Economic Assistance,
Economic Support Fund' in Public Law 109-102 shall not apply to funds
made available under this division.''.
Sec. 20405(b) of that Act, as amended by Public Law 110-5 (121
Stat. 24), provided, for fiscal year 2007, ``Of the unobligated
balances available from funds appropriated under the heading `Bilateral
Economic Assistance, Funds Appropriated to the President, Other
Bilateral Economic Assistance, Economic Support Fund', $200,000,000 is
rescinded: Provided, That such amounts shall be derived only from funds
not yet expended for cash transfer assistance.''.
A paragraph funding the Economic Support Fund in the Emergency
Supplemental Appropriations Act for Defense, the Global War on Terror,
and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 433)
provided ``That the last proviso under the heading `Economic Support
Fund' in title II of Public Law 109-102 and comparable provisions in
prior Acts making appropriations for foreign operations, export
financing, and related programs shall no longer be applicable to funds
appropriated under such heading in this Act or any prior Act''.
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international fund for ireland
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$13,500,000, which shall be available for the United States
contribution to the International Fund for Ireland and shall be
made available in accordance with the provisions of the Anglo-
Irish Agreement Support Act of 1986 (Public Law 99-415):
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.
assistance for eastern europe and the baltic states \12\
(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,\13\ 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,\14\ That of the funds appropriated
under this heading $5,000,000 should be made available for rule
of law programs for the training of judges and prosecutors.
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\12\ Sec. 596 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included''
in the conference report agreed to in the course of enactment of this
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law
109-102 (for allocation of Eastern Europe and the Baltic States funds,
see p. 91).
\13\ Sec. 20401 of Public Law 109-289, as amended by Public Law
110-5 (121 Stat. 22), provided, for fiscal year 2007, that
``Notwithstanding section 101, the level for each of the following
accounts shall be as follows: * * * `Bilateral Economic Assistance,
Funds Appropriated to the President, Other Bilateral Economic
Assistance, Assistance for Eastern Europe and the Baltic States',
$273,900,000''.
\14\ Sec. 20409 of Public Law 109-289, as amended by Public Law
110-5 (121 Stat. 25), provided, for fiscal year 2007, that
``Notwithstanding any other provision of this division, the following
provisions in the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2006 (Public Law 109-102) shall not apply
to funds appropriated by this division: the proviso in subsection (a)
under the heading `Bilateral Economic Assistance, Funds Appropriated to
the President, Other Bilateral Economic Assistance, Assistance for
Eastern Europe and the Baltic States'; * * *''.
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(b) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use of
economic assistance.
(c) The provisions of section 529 of this Act shall apply
to funds appropriated under this heading: Provided, That
notwithstanding any provision of this or any other Act,
including provisions in this subsection regarding the
application of section 529 of this Act, local currencies
generated by, or converted from, funds appropriated by this Act
and by previous appropriations Acts and made available for the
economic revitalization program in Bosnia may be used in
Eastern Europe and the Baltic States to carry out the
provisions of the Foreign Assistance Act of 1961 and the
Support for East European Democracy (SEED) Act of 1989.
(d) The President is authorized to withhold funds
appropriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he
determines and certifies to the Committees on Appropriations
that the Federation of Bosnia and Herzegovina has not complied
with article III of annex 1-A of the General Framework
Agreement for Peace in Bosnia and Herzegovina concerning the
withdrawal of foreign forces, and that intelligence cooperation
on training, investigations, and related activities between
state sponsors of terrorism and terrorist organizations and
Bosnian officials has not been terminated.\15\
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\15\ Article III of annex 1-A of the General Framework Agreement
for Peace in Bosnia and Herzegovina provides as follows:
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``withdrawal of foreign forces
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``1. All Forces in Bosnia and Herzegovina as of the date this Annex
enters into force which are not of local origin, whether or not they
are legally and militarily subordinated to the Republic of Bosnia and
Herzegovina, the Federation of Bosnia and Herzegovina, or Republika
Srpska, shall be withdrawn together with their equipment from the
territory of Bosnia and Herzegovina within thirty (30) days.
Furthermore, all Forces that remain on the territory of Bosnia and
Herzegovina must act consistently with the territorial integrity,
sovereignty, and political independence of Bosnia and Herzegovina. In
accordance with Article II, paragraph 1, this paragraph does not apply
to UNPROFOR, the International Police Task Force referred to in the
General Framework Agreement, the IFOR or other elements referred to in
Article I, paragraph 1(c).
``2. In particular, all foreign Forces, including individual
advisors, freedom fighters, trainers, volunteers, and personnel from
neighboring and other States, shall be withdrawn from the Territory of
Bosnia and Herzegovina in accordance with Article III, paragraph 1.''.
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assistance for the independent states of the former soviet union \16\
(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,\17\ to remain available until September
30, 2007: Provided, That the provisions of such chapters shall
apply to funds appropriated by this paragraph: Provided
further, That funds made available for the Southern Caucasus
region may be used, notwithstanding any other provision of law,
for confidence-building measures and other activities in
furtherance of the peaceful resolution of the regional
conflicts, especially those in the vicinity of Abkhazia and
Nagorno-Karabagh: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading
in this Act or prior Acts making appropriations for foreign
operations, export financing, and related programs, that are
made available pursuant to the provisions of section 807 of
Public Law 102-511 shall be subject to a 6 percent ceiling on
administrative expenses.
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\16\ Sec. 596 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included''
in the conference report agreed to in the course of enactment of this
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law
109-102 (for allocation of Assistance for the Independent States of the
Former Soviet Union, see p. 92).
\17\ Sec. 20401 of Public Law 109-289, as amended by Public Law
110-5 (121 Stat. 22), provided, for fiscal year 2007, that
``Notwithstanding section 101, the level for each of the following
accounts shall be as follows: * * * `Bilateral Economic Assistance,
Funds Appropriated to the President, Other Bilateral Economic
Assistance, Assistance for the Independent States of the Former Soviet
Union', $452,000,000''.
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(b) Of the funds appropriated under this heading, not less
than $50,000,000 should be made available, in addition to funds
otherwise available for such purposes, for assistance for child
survival, environmental and reproductive health, and to combat
HIV/AIDS, tuberculosis and other infectious diseases, and for
related activities.
(c) \18\ 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.
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\18\ Sec. 6801(a) of Public Law 110-28 (121 Stat. 182) provided
that ``Notwithstanding any other provision of law, subsection (c) under
the heading `Assistance for the Independent States of the Former Soviet
Union' in Public Law 109-102, shall not apply to funds appropriated by
the Continuing Appropriations Resolution, 2007 (Public Law 109-289,
division B) as amended by Public Laws 109-369, 109-383, and 110-5.''.
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(d) \19\ Of the funds appropriated under this heading,
$2,500,000 shall be made available for the Business Information
Service for the Newly Independent States.
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\19\ Sec. 20409 of Public Law 109-289, as amended by Public Law
110-5 (121 Stat. 25), provided, for fiscal year 2007, that
``Notwithstanding any other provision of this division, the following
provisions in the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2006 (Public Law 109-102) shall not apply
to funds appropriated by this division: * * * subsection (d) under the
heading `Bilateral Economic Assistance, Funds Appropriated to the
President, Other Bilateral Economic Assistance, Assistance for the
Independent States of the Former Soviet Union' * * *''.
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(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 \20\ or non-proliferation
assistance;
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\20\ Sec. 1424 of the Defense Against Weapons of Mass Destruction
Act of 1996 (title XIV of Public Law 104-201; 50 U.S.C. 2301 note)
relates to international border security among the states of the former
Soviet Union, the Baltic States, and other countries of Eastern Europe.
For text, see Legislation on Foreign Relations Through 2005, vol. II,
sec. F.
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(2) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et
seq.);
(5) any financing provided under the Export-Import
Bank Act of 1945; or
(6) humanitarian assistance.
Independent Agencies
inter-american foundation
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions of
section 401 of the Foreign Assistance Act of 1969, $19,500,000,
to remain available until September 30, 2007.
african development foundation
For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of 1980,
Public Law 96-533, $23,000,000, to remain available until
September 30, 2007: Provided, That funds made available to
grantees may be invested pending expenditure for project
purposes when authorized by the Board of Directors of the
Foundation: Provided further, That interest earned shall be
used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the
African Development Foundation Act, in exceptional
circumstances the Board of Directors of the Foundation may
waive the $250,000 limitation contained in that section with
respect to a project: Provided further, That the Foundation
shall provide a report to the Committees on Appropriations
after each time such waiver authority is exercised.
peace corps
(including transfer of funds)
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.
millennium challenge corporation
For necessary expenses for the ``Millennium Challenge
Corporation'', $1,770,000,000 to remain available until
expended: Provided, That of the funds appropriated under this
heading, up to $75,000,000 may be available for administrative
expenses of the Millennium Challenge Corporation: Provided
further, That up to 10 percent of the funds appropriated under
this heading may be made available to carry out the purposes of
section 616 of the Millennium Challenge Act of 2003 for
candidate countries for fiscal year 2006: Provided further,
That none of the funds available to carry out section 616 of
such Act may be made available until the Chief Executive
Officer of the Millennium Challenge Corporation provides a
report to the Committees on Appropriations listing the
candidate countries that will be receiving assistance under
section 616 of such Act, the level of assistance proposed for
each such country, a description of the proposed programs,
projects and activities, and the implementing agency or
agencies of the United States Government: Provided further,
That section 605(e)(4) of the Millennium Challenge Act of 2003
shall apply to funds appropriated under this heading: Provided
further, That funds appropriated under this heading may be made
available for a Millennium Challenge Compact entered into
pursuant to section 609 of the Millennium Challenge Act of 2003
only if such Compact obligates, or contains a commitment to
obligate subject to the availability of funds and the mutual
agreement of the parties to the Compact to proceed, the entire
amount of the United States Government funding anticipated for
the duration of the Compact.
Department of State
global hiv/aids initiative \21\
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the prevention, treatment,
and control of, and research on, HIV/AIDS, $1,995,000,000, to
remain available until expended, of which $200,000,000 shall be
made available, notwithstanding any other provision of law,
except for the United States Leadership Against HIV/AIDS,
Tuberculosis and Malaria Act of 2003 (Public Law 108-25) for a
United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria, and shall be expended at the minimum
rate necessary to make timely payment for projects and
activities.
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\21\ Sec. 596 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included''
in the conference report agreed to in the course of enactment of this
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law
109-102 (for allocation of Global HIV/AIDS Initiative appropriations,
see p. 95).
Sec. 20403 of Public Law 109-289, as amended by Public Law 110-5
(121 Stat. 23), provided, for fiscal year 2007, that ``Notwithstanding
section 101, the level for each of the following accounts shall be as
follows: `Bilateral Economic Assistance, Department of State, Global
HIV/AIDS Initiative', $3,246,500,000, of which $377,500,000 shall be
made available, notwithstanding any other provision of law, except for
the United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (Public Law 108-25) for a United States
contribution to the Global Fund to Fight AIDS, Tuberculosis and
Malaria; and `Bilateral Economic Assistance, Funds Appropriated to the
President, United States Agency for International Development, Child
Survival and Health Programs Fund', $1,718,150,000, of which
$248,000,000 shall be made available for programs and activities to
combat malaria.''.
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democracy fund \22\
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the promotion of
democracy, governance, human rights, independent media, and the
rule of law globally, $95,000,000, to remain available until
September 30, 2008: Provided, That funds appropriated under
this heading shall be made available notwithstanding any other
provision of law, and of such funds $63,200,000 shall be made
available for the Human Rights and Democracy Fund of the Bureau
of Democracy, Human Rights and Labor, Department of State, and
not less than $15,250,000 shall be made available for the
National Endowment for Democracy: Provided further, That funds
appropriated under this heading are in addition to funds
otherwise available for such purposes: Provided further, That
funds made available by title II of this Act for purposes of
this section for any contract, grant, or cooperative agreement
(or any amendment to any contract, grant, or cooperative
agreement) in excess of $10,000,000 shall be subject to the
regular notification procedures of the Committees on
Appropriations.
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\22\ Sec. 596 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included''
in the conference report agreed to in the course of enactment of this
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law
109-102 (for allocation of Democracy Funds, see p. 96).
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(b) Funds appropriated in subsection (a) should be made
available for assistance for Taiwan for the purposes of
furthering political and legal reforms: Provided, That such
funds shall only be made available to the extent that they are
matched from sources other than the United States Government.
(c) Funds appropriated in subsection (a) shall be made
available for programs and activities to foster democracy,
governance, human rights, civic education, women's development,
press freedom, and the rule of law in countries located outside
the Middle East region with a significant Muslim population,
and where such programs and activities would be important to
United States efforts to respond to, deter, or prevent acts of
international terrorism: Provided, That such funds should
support new initiatives and activities in those countries:
Provided further, That of the funds appropriated in subsection
(a) $5,000,000 shall be made available for continuing programs
and activities that provide professional training for
journalists.
(d) Notwithstanding any other provision of law, funds
appropriated by this Act may be made available for democracy,
governance, human rights, and rule of law programs for Syria
and Iran: Provided, That not less than $6,550,000 of the funds
appropriated in subsection (a) shall be made available for
programs and activities that support the advancement of
democracy in Iran and Syria.
(e) Funds made available for purposes of this section that
are made available to the National Endowment for Democracy may
be made available notwithstanding any other provision of law or
regulation.
(f) Funds made available pursuant to the authority of
subsections (b), (c) and (d) shall be subject to the regular
notification procedures of the Committees on Appropriations.
international narcotics control and law enforcement \23\
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $477,200,000, to remain
available until September 30, 2008: Provided, That during
fiscal year 2006, the Department of State may also use the
authority of section 608 of the Foreign Assistance Act of 1961,
without regard to its restrictions, to receive excess property
from an agency of the United States Government for the purpose
of providing it to a foreign country under chapter 8 of part I
of that Act subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That the
Secretary of State shall provide to the Committees on
Appropriations not later than 45 days after the date of the
enactment of this Act and prior to the initial obligation of
funds appropriated under this heading, a report on the proposed
uses of all funds under this heading on a country-by-country
basis for each proposed program, project, or activity: Provided
further, That of the funds appropriated under this heading, not
less than $16,000,000 shall be made available for training
programs and activities of the International Law Enforcement
Academies: Provided further, That $10,000,000 of the funds
appropriated under this heading should be made available for
demand reduction programs: Provided further, That of the funds
appropriated under this heading, not more than $33,484,000 may
be available for administrative expenses.
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\23\ Sec. 596 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included''
in the conference report agreed to in the course of enactment of this
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law
109-102 (for allocation of International Narcotics Control and Law
Enforcement funding, see p. 98).
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andean counterdrug initiative \24\
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,\25\ to remain available until September 30, 2008:
Provided, That in fiscal year 2006, funds available to the
Department of State for assistance to the Government of
Colombia shall be available to support a unified campaign
against narcotics trafficking, against activities by
organizations designated as terrorist organizations such as the
Revolutionary Armed Forces of Colombia (FARC), the National
Liberation Army (ELN), and the United Self-Defense Forces of
Colombia (AUC), and to take actions to protect human health and
welfare in emergency circumstances, including undertaking
rescue operations: Provided further, That this authority shall
cease to be effective if the Secretary of State has credible
evidence that the Colombian Armed Forces are not conducting
vigorous operations to restore government authority and respect
for human rights in areas under the effective control of
paramilitary and guerrilla organizations: Provided further,
That the President shall ensure that if any helicopter procured
with funds under this heading is used to aid or abet the
operations of any illegal self-defense group or illegal
security cooperative, such helicopter shall be immediately
returned to the United States: Provided further, That the
Secretary of State, in consultation with the Administrator of
the United States Agency for International Development, shall
provide to the Committees on Appropriations not later than 45
days after the date of the enactment of this Act and prior to
the initial obligation of funds appropriated under this
heading, a report on the proposed uses of all funds under this
heading on a country-by-country basis for each proposed
program, project, or activity: Provided further, That funds
made available in this Act for demobilization/reintegration of
members of foreign terrorist organizations in Colombia shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided further, That section 482(b) of the Foreign Assistance
Act of 1961 shall not apply to funds appropriated under this
heading: Provided further, That assistance provided with funds
appropriated under this heading that is made available
notwithstanding section 482(b) of the Foreign Assistance Act of
1961 shall be made available subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That of the funds appropriated under this
heading that are available for alternative development/
institution building, not less than $228,772,000 shall be
apportioned directly to the United States Agency for
International Development including $131,232,000 for assistance
for Colombia: Provided further, That with respect to funds
apportioned to the United States Agency for International
Development under the previous proviso, the responsibility for
policy decisions for the use of such funds, including what
activities will be funded and the amount of funds that will be
provided for each of those activities, shall be the
responsibility of the Administrator of the United States Agency
for International Development in consultation with the
Assistant Secretary of State for International Narcotics and
Law Enforcement Affairs: Provided further, That of the funds
appropriated under this heading, in addition to funds made
available for judicial reform programs in Colombia, not less
than $8,000,000 shall be made available to the United States
Agency for International Development for organizations and
programs to protect human rights: Provided further, That not
more than 20 percent of the funds appropriated by this Act that
are used for the procurement of chemicals for aerial coca and
poppy fumigation programs may be made available for such
programs unless the Secretary of State certifies to the
Committees on Appropriations that: (1) the herbicide is being
used in accordance with EPA label requirements for comparable
use in the United States and with Colombian laws; and (2) the
herbicide, in the manner it is being used, does not pose
unreasonable risks or adverse effects to humans or the
environment including endemic species: Provided further, That
such funds may not be made available unless the Secretary of
State certifies to the Committees on Appropriations that
complaints of harm to health or licit crops caused by such
fumigation are evaluated and fair compensation is being paid
for meritorious claims: Provided further, That such funds may
not be made available for such purposes unless programs are
being implemented by the United States Agency for International
Development, the Government of Colombia, or other
organizations, in consultation with local communities, to
provide alternative sources of income in areas where security
permits for small-acreage growers whose illicit crops are
targeted for fumigation: Provided further, That of the funds
appropriated under this heading, not less than $2,000,000
should be made available for programs to protect biodiversity
and indigenous reserves in Colombia: Provided further, That
funds appropriated by this Act may be used for aerial
fumigation in Colombia's national parks or reserves only if the
Secretary of State determines that it is in accordance with
Colombian laws and that there are no effective alternatives to
reduce drug cultivation in these areas: Provided further, That
no United States Armed Forces personnel or United States
civilian contractor employed by the United States will
participate in any combat operation in connection with
assistance made available by this Act for Colombia: Provided
further, That funds appropriated under this heading that are
made available for assistance for the Bolivian military may be
made available for such purposes only if the Secretary of State
certifies that the Bolivian military is respecting human
rights, and civilian judicial authorities are investigating and
prosecuting, with the military's cooperation, military
personnel who have been implicated in gross violations of human
rights: Provided further, That of the funds appropriated under
this heading, not more than $19,015,000 may be available for
administrative expenses of the Department of State, and not
more than $7,800,000 may be available, in addition to amounts
otherwise available for such purposes, for administrative
expenses of the United States Agency for International
Development.
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\24\ Sec. 596 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included''
in the conference report agreed to in the course of enactment of this
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law
109-102 (for allocation of Andean Counterdrug Initiative funds, see p.
99).
See also the Emergency Supplemental Act, 2000 (Public Law 106-246),
as amended, which implements ``Plan Colombia''; page 1094.
\25\ Sec. 20401 of Public Law 109-289, as amended by Public Law
110-5 (121 Stat. 22), provided, for fiscal year 2007, that
``Notwithstanding section 101, the level for each of the following
accounts shall be as follows: * * * `Bilateral Economic Assistance,
Department of State, Andean Counterdrug Initiative', $721,500,000''.
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migration and refugee assistance
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by law,
a contribution to the International Committee of the Red Cross,
assistance to refugees, including contributions to the
International Organization for Migration and the United Nations
High Commissioner for Refugees, and other activities to meet
refugee and migration needs; salaries and expenses of personnel
and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of
title 5, United States Code; purchase and hire of passenger
motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $791,000,000,\26\ to remain
available until expended: Provided, That not more than
$23,000,000 may be available for administrative expenses:
Provided further, That not less than $40,000,000 of the funds
made available under this heading shall be made available for
refugees from the former Soviet Union and Eastern Europe and
other refugees resettling in Israel: Provided further,\27\ That
funds appropriated under this heading may be made available for
a headquarters contribution to the International Committee of
the Red Cross only if the Secretary of State determines (and so
reports to the appropriate committees of Congress) that the
Magen David Adom Society of Israel is not being denied
participation in the activities of the International Red Cross
and Red Crescent Movement: Provided further, That funds
appropriated under this heading should be made available to
develop effective responses to protracted refugee situations,
including the development of programs to assist long-term
refugee populations within and outside traditional camp
settings that support refugees living or working in local
communities such as integration of refugees into local schools
and services, resource conservation projects and other projects
designed to diminish conflict between refugee hosting
communities and refugees, and encouraging dialogue among
refugee hosting communities, the United Nations High
Commissioner for Refugees, and international and
nongovernmental refugee assistance organizations to promote the
rights to which refugees are entitled under the Convention
Relating to the Status of Refugees of July 28, 1951 and the
Protocol Relating to the Status of Refugees, done at New York
January 31, 1967.
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\26\ Sec. 20401 of Public Law 109-289, as amended by Public Law
110-5 (121 Stat. 22), provided, for fiscal year 2007, that
``Notwithstanding section 101, the level for each of the following
accounts shall be as follows: * * * `Bilateral Economic Assistance,
Department of State, Migration and Refugee Assistance', $832,900,000''.
\27\ Sec. 20409 of Public Law 109-289, as amended by Public Law
110-5 (121 Stat. 25), provided, for fiscal year 2007, that
``Notwithstanding any other provision of this division, the following
provisions in the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2006 (Public Law 109-102) shall not apply
to funds appropriated by this division: * * * the third proviso under
the heading `Bilateral Economic Assistance, Department of State,
Migration and Refugee Assistance' * * *''.
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united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)), $30,000,000,\28\ to
remain available until expended.
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\28\ Sec. 20401 of Public Law 109-289, as amended by Public Law
110-5 (121 Stat. 22), provided, for fiscal year 2007, that
``Notwithstanding section 101, the level for each of the following
accounts shall be as follows: * * * `Bilateral Economic Assistance,
Department of State, United States Emergency Refugee and Migration
Assistance Fund', $55,900,000''.
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nonproliferation, anti-terrorism, demining and related programs \29\
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$410,100,000, to carry out the provisions of chapter 8 of part
II of the Foreign Assistance Act of 1961 for anti-terrorism
assistance, chapter 9 of part II of the Foreign Assistance Act
of 1961, section 504 of the FREEDOM Support Act, section 23 of
the Arms Export Control Act or the Foreign Assistance Act of
1961 for demining activities, the clearance of unexploded
ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United
States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission: Provided, That of this amount
not to exceed $37,500,000, to remain available until expended,
may be made available for the Nonproliferation and Disarmament
Fund, notwithstanding any other provision of law, to promote
bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such
funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of
the United States to do so: Provided further, That funds
appropriated under this heading may be made available for the
International Atomic Energy Agency only if the Secretary of
State determines (and so reports to the Congress) that Israel
is not being denied its right to participate in the activities
of that Agency: Provided further, That of the funds made
available for demining and related activities, not to exceed
$705,000, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to
the operation and management of the demining program: Provided
further, That funds appropriated under this heading that are
available for ``Anti-terrorism Assistance'' and ``Export
Control and Border Security'' shall remain available until
September 30, 2007.
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\29\ Sec. 596 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included''
in the conference report agreed to in the course of enactment of this
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law
109-102 (for allocation of Nonproliferation, Anti-terrorism, Demining
and Related Programs funds, see p. 101).
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Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961, $20,000,000,
to remain available until September 30, 2008, which shall be
available notwithstanding any other provision of law.
debt restructuring \30\
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for programs
within the International Affairs Budget Function 150, including
the cost of selling, reducing, or canceling amounts owed to the
United States as a result of concessional loans made to
eligible countries, pursuant to parts IV and V of the Foreign
Assistance Act of 1961, of modifying concessional credit
agreements with least developed countries, as authorized under
section 411 of the Agricultural Trade Development and
Assistance Act of 1954, as amended, of concessional loans,
guarantees and credit agreements, as authorized under section
572 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees made
pursuant to the Export-Import Bank Act of 1945, by countries
that are eligible for debt reduction pursuant to title V of
H.R. 3425 as enacted into law by section 1000(a)(5) of Public
Law 106-113, $65,000,000, to remain available until September
30, 2008: Provided, That not less than $20,000,000 of the funds
appropriated under this heading shall be made available to
carry out the provisions of part V of the Foreign Assistance
Act of 1961: Provided further, That amounts paid to the HIPC
Trust Fund may be used only to fund debt reduction under the
enhanced HIPC initiative by--
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\30\ Sec. 163 of the Continuing Appropriations Resolution, 2009
(division A of Public Law 110-329; 122 Stat. 3583), provided that
``Notwithstanding any other provision of this joint resolution, up to
$5,000,000 of the amounts appropriated under the heading `Other
Bilateral Economic Assistance--Department of the Treasury--Debt
Restructuring' in Public Law 109-102, in such Act as made applicable to
fiscal year 2007 by the Continuing Appropriations Resolution, 2007 (as
amended by Public Law 110-5), and in title III of division J of Public
Law 110-161, may be used to assist Liberia in buying back its
commercial debt through the Debt Reduction Facility of the
International Development Association.''.
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(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic
Integration:
Provided further, That funds may not be paid to the HIPC Trust
Fund for the benefit of any country if the Secretary of State
has credible evidence that the government of such country is
engaged in a consistent pattern of gross violations of
internationally recognized human rights or in military or civil
conflict that undermines its ability to develop and implement
measures to alleviate poverty and to devote adequate human and
financial resources to that end: Provided further, That on the
basis of final appropriations, the Secretary of the Treasury
shall consult with the Committees on Appropriations concerning
which countries and international financial institutions are
expected to benefit from a United States contribution to the
HIPC Trust Fund during the fiscal year: Provided further, That
the Secretary of the Treasury shall inform the Committees on
Appropriations not less than 15 days in advance of the
signature of an agreement by the United States to make payments
to the HIPC Trust Fund of amounts for such countries and
institutions: Provided further, That the Secretary of the
Treasury may disburse funds designated for debt reduction
through the HIPC Trust Fund only for the benefit of countries
that--
(1) have committed, for a period of 24 months, not to
accept new market-rate loans from the international
financial institution receiving debt repayment as a
result of such disbursement, other than loans made by
such institutions to export-oriented commercial
projects that generate foreign exchange which are
generally referred to as ``enclave'' loans; and
(2) have documented and demonstrated their commitment
to redirect their budgetary resources from
international debt repayments to programs to alleviate
poverty and promote economic growth that are additional
to or expand upon those previously available for such
purposes:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and
Assistance Act of 1954 shall not apply to funds appropriated
under this heading: Provided further, That none of the funds
made available under this heading in this or any other
appropriations Act shall be made available for Sudan or Burma
unless the Secretary of the Treasury determines and notifies
the Committees on Appropriations that a democratically elected
government has taken office.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961, $86,744,000,
of which up to $3,000,000 may remain available until expended:
Provided, That the civilian personnel for whom military
education and training may be provided under this heading may
include civilians who are not members of a government whose
participation would contribute to improved civil-military
relations, civilian control of the military, or respect for
human rights: Provided further, That funds appropriated under
this heading for military education and training for Guatemala
may only be available for expanded international military
education and training, and funds made available for Haiti, the
Democratic Republic of the Congo, and Nigeria may only be
provided through the regular notification procedures of the
Committees on Appropriations.
foreign military financing program \31\
For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $4,500,000,000: Provided, That of the funds
appropriated under this heading, not less than $2,280,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be made available for grants only for
Egypt: \32\ Provided further, That the funds appropriated by
this paragraph for Israel shall be disbursed within 30 days of
the enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for
such purposes, grants made available for Israel by this
paragraph shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less than
$595,000,000 \33\ shall be available for the procurement in
Israel of defense articles and defense services, including
research and development: Provided further, That of the funds
appropriated by this paragraph, $210,000,000 shall be made
available for assistance for Jordan: Provided further, That
funds appropriated or otherwise made available by this
paragraph shall be nonrepayable notwithstanding any requirement
in section 23 of the Arms Export Control Act: Provided further,
That funds made available under this paragraph shall be
obligated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a).
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\31\ Sec. 596 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included''
in the conference report agreed to in the course of enactment of this
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law
109-102 (for allocation of Foreign Military Financing Program funds,
see p. 102).
Sec. 6801(c) of Public Law 110-28 (121 Stat. 182) provided the
following: ``Subject to section 101(c)(2) of the Continuing
Appropriations Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5), the amount of funds appropriated for
`Foreign Military Financing Program' pursuant to such Resolution shall
be construed to be the total of the amount appropriated for such
program by section 20401 of that Resolution and the amount made
available for such program by section 591 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2006 (Public
Law 109-102) which is made applicable to the fiscal year 2007 by the
provisions of such Resolution.''.
\32\ Sec. 20401 of Public Law 109-289, as amended by Public Law
110-5 (121 Stat. 22), provided, for fiscal year 2007, that
``Notwithstanding section 101, the level for each of the following
accounts shall be as follows: * * * `Military Assistance, Funds
Appropriated to the President, Foreign Military Financing Program',
$4,550,800,000, of which not less than $2,340,000,000 shall be
available for grants only for Israel and $1,3000,000,000 shall be
available for grants only for Egypt''.
\33\ Sec. 20401 of Public Law 109-289, as amended by Public Law
110-5 (121 Stat. 23), provided, for fiscal year 2007, that
``Notwithstanding section 101, the level for each of the following
accounts shall be as follows: * * * Provided, That the number in the
third proviso under the heading `Military Assistance, Funds
Appropriated to the President, Foreign Military Financing Program', in
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006 (Public Law 109-102) shall be deemed to be
$610,000,000 for the purpose of applying funds appropriated under such
heading by this division.''.
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None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that are
not sold by the United States Government under the Arms Export
Control Act unless the foreign country proposing to make such
procurements has first signed an agreement with the United
States Government specifying the conditions under which such
procurements may be financed with such funds: Provided, That
all country and funding level increases in allocations shall be
submitted through the regular notification procedures of
section 515 of this Act: Provided further, That none of the
funds appropriated under this heading shall be available for
assistance for Sudan and Guatemala: Provided further, That none
of the funds appropriated under this heading may be made
available for assistance for Haiti except pursuant to the
regular notification procedures of the Committees on
Appropriations: Provided further, That funds made available
under this heading may be used, notwithstanding any other
provision of law, for demining, the clearance of unexploded
ordnance, and related activities, and may include activities
implemented through nongovernmental and international
organizations: Provided further, That only those countries for
which assistance was justified for the ``Foreign Military Sales
Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs \34\ may utilize
funds made available under this heading for procurement of
defense articles, defense services or design and construction
services that are not sold by the United States Government
under the Arms Export Control Act: Provided further, That funds
appropriated under this heading shall be expended at the
minimum rate necessary to make timely payment for defense
articles and services: Provided further, That not more than
$42,500,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside
of the United States, for the general costs of administering
military assistance and sales: Provided further, That not more
than $373,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal
year 2006 pursuant to section 43(b) of the Arms Export Control
Act, except that this limitation may be exceeded only through
the regular notification procedures of the Committees on
Appropriations: Provided further, That foreign military
financing program funds estimated to be outlayed for Egypt
during fiscal year 2006 shall be transferred to an interest
bearing account for Egypt in the Federal Reserve Bank of New
York within 30 days of enactment of this Act.
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\34\ In Africa: Kenya; in East Asia and the Pacific: Indonesia,
Thailand; in Europe: Greece, Portugal, Spain, Turkey; in Near East and
South Asia: Egypt, Israel, Jordan, Morocco, Pakistan, Tunisia, and
Yemen. See Congressional Presentation for Security Assistance Programs,
Fiscal Year 1989, page 19.
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peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$175,000,000: \35\ Provided, That none of the funds
appropriated under this heading shall be obligated or expended
except as provided through the regular notification procedures
of the Committees on Appropriations.
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\35\ Sec. 20401 of Public Law 109-289, as amended by Public Law
110-5 (121 Stat. 23), provided, for fiscal year 2007, that
``Notwithstanding section 101, the level for each of the following
accounts shall be as follows: * * * `Military Assistance, Funds
Appropriated to the President, Peacekeeping Operations' $223,250,000,
of which not less than $50,000,000 should be provided for peacekeeping
operations in Sudan''.
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TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
international financial institutions
global environment facility
For the United States contribution for the Global
Environment Facility, $80,000,000 to the International Bank for
Reconstruction and Development as trustee for the Global
Environment Facility (GEF), by the Secretary of the Treasury,
to remain available until expended.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $950,000,000,\36\ to remain
available until expended.
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\36\ Sec. 20405(a) of Public Law 109-289, as amended by Public Law
110-5 (121 Stat. 24), provided, for fiscal year 2007, ``Of the
unobligated balances available from funds appropriated under the
heading `Funds Appropriated to the President, International Financial
Institutions, Contributions to the International Development
Association' in the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2006 (Public Law 109-102), $31,350,000 is
rescinded.''.
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contribution to the multilateral investment guarantee agency
For payment to the Multilateral Investment Guarantee Agency
by the Secretary of the Treasury, $1,300,000,\37\ to remain
available until expended.
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\37\ Sec. 20404 of Public Law 109-289, as amended by Public Law
110-5 (121 Stat. 23), provided, for fiscal year 2007, that
``Notwithstanding section 101, the level for each of the following
accounts shall be $0: `Multilateral Economic Assistance, Funds
Appropriated to the President, Contribution to the Multilateral
Investment Guarantee Agency'; `Multilateral Economic Assistance, Funds
Appropriated to the President, Contribution to the Inter-American
Investment Corporation'; and `Multilateral Economic Assistance, Funds
Appropriated to the President, Contribution to the European Bank for
Reconstruction and Development'.''.
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limitation on callable capital subscriptions
The United States Governor of the Multilateral Investment
Guarantee Agency may subscribe without fiscal year limitation
to the callable capital portion of the United States share of
such capital in an amount not to exceed $8,126,527.
contribution to the inter-american investment corporation
For payment to the Inter-American Investment Corporation by
the Secretary of the Treasury, $1,741,515,\37\ to remain
available until expended.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the fund, $1,741,515, to remain
available until expended.
contribution to the asian development fund
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian Development
Fund, as authorized by the Asian Development Bank Act, as
amended, $100,000,000, to remain available until expended.
contribution to the african development bank
For payment to the African Development Bank by the
Secretary of the Treasury, $3,638,000, for the United States
paid-in share of the increase in capital stock, to remain
available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $88,333,855.
contribution to the african development fund
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $135,700,000, to remain available until
expended.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $1,015,677 \37\
for the United States share of the paid-in portion of the
increase in capital stock, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of such capital stock in an amount not to exceed
$2,249,888.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund
for Agricultural Development, $15,000,000, to remain available
until expended.
international organizations and programs \38\
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $329,458,000: Provided, That none of
the funds appropriated under this heading may be made available
to the International Atomic Energy Agency (IAEA).
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\38\ Sec. 596 of this Act stipulates that funds provided in this
Act in certain accounts ``shall be made available for programs and
countries in the amounts contained in the respective tables included''
in the conference report agreed to in the course of enactment of this
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law
109-102 (for allocation of International Organizations and Programs
funding, see p. 105).
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TITLE V--GENERAL PROVISIONS
compensation for united states executive directors to international
financial institutions
Sec. 501.\39\ (a) No funds appropriated by this Act may be
made as payment to any international financial institution
while the United States Executive Director to such institution
is compensated by the institution at a rate which, together
with whatever compensation such Director receives from the
United States, is in excess of the rate provided for an
individual occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, or
while any alternate United States Director to such institution
is compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
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\39\ First enacted as sec. 501 of the Foreign Assistance
Appropriations Act, 2004.
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(b) For purposes of this section ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the Asian
Development Bank, the Asian Development Fund, the African
Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and Development.
restrictions on voluntary contributions to united nations agencies
Sec. 502.\40\ None of the funds appropriated by this Act
may be made available to pay any voluntary contribution of the
United States to the United Nations (including the United
Nations Development Program) if the United Nations implements
or imposes any taxation on any United States persons.
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\40\ Similar language was first enacted as sec. 581 of the Foreign
Assistance Appropriations Act, 1997. Prior to FY 2003, the section
required Presidential certification ``that the United Nations is not
engaged in any effort to implement or impose any taxation on United
States persons in order to raise revenue for the United Nations or any
of its specialized agencies'' 15 days in advance of disbursement of
funds.
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limitation on residence expenses
Sec. 503.\41\ Of the funds appropriated or made available
pursuant to this Act, not to exceed $100,500 shall be for
official residence expenses of the United States Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
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\41\ Similar language was first enacted as sec. 113 of the Foreign
Assistance Appropriations Act, 1976.
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unobligated balances report
Sec. 504. Any Department or Agency to which funds are
appropriated or otherwise made available by this Act shall
provide to the Committees on Appropriations a quarterly
accounting by program, project, and activity of the funds
received by such Department or Agency in this fiscal year or
any previous fiscal year that remain unobligated and
unexpended.
limitation on representational allowances
Sec. 505.\42\ Of the funds appropriated or made available
pursuant to this Act, not to exceed $250,000 shall be available
for representation and entertainment allowances, of which not
to exceed $2,500 shall be available for entertainment
allowances, for the United States Agency for International
Development during the current fiscal year: Provided, That no
such entertainment funds may be used for the purposes listed in
section 548 of this Act: Provided further, That appropriate
steps shall be taken to assure that, to the maximum extent
possible, United States-owned foreign currencies are utilized
in lieu of dollars: Provided further, That of the funds made
available by this Act for general costs of administering
military assistance and sales under the heading ``Foreign
Military Financing Program'', not to exceed $4,000 shall be
available for entertainment expenses and not to exceed $130,000
shall be available for representation allowances: Provided
further, That of the funds made available by this Act under the
heading ``International Military Education and Training'', not
to exceed $55,000 shall be available for entertainment
allowances: Provided further, That of the funds made available
by this Act for the Inter-American Foundation, not to exceed
$2,000 shall be available for entertainment and representation
allowances: Provided further, That of the funds made available
by this Act for the Peace Corps, not to exceed a total of
$4,000 shall be available for entertainment expenses: Provided
further, That of the funds made available by this Act under the
heading ``Trade and Development Agency'', not to exceed $4,000
shall be available for representation and entertainment
allowances: Provided further, That of the funds made available
by this Act under the heading ``Millennium Challenge
Corporation'', not to exceed $115,000 shall be available for
representation and entertainment allowances.
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\42\ Similar language was first enacted as sec. 115 of the Foreign
Assistance Appropriations Act, 1976. The third through fifth proviso
clauses were first enacted as sec. 526 of H.R. 4473, 96th Congress, as
made applicable to the Continuing Appropriations Act, 1981. The third
proviso, regarding general costs of administering the Foreign Military
Financing Program, has been reworded somewhat; the proviso formerly
referred to: ``the total funds made available by this Act under the
headings `Military Assistance' and `Foreign Military Credit Sales' ''.
The proviso relating to the Trade and Development Agency was first
enacted in the Foreign Assistance Appropriations Act, 1986. The proviso
relating to the Millennium Challenge Corporation was added in FY 2004.
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prohibition on taxation of united states assistance
Sec. 506.\43\ (a) Prohibition on Taxation.--None of the
funds appropriated by this Act may be made available to provide
assistance for a foreign country under a new bilateral
agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a
provision stating that assistance provided by the United States
shall be exempt from taxation, or reimbursed, by the foreign
government, and the Secretary of State shall expeditiously seek
to negotiate amendments to existing bilateral agreements, as
necessary, to conform with this requirement.
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\43\ Similar language was first enacted as sec. 579 of the Foreign
Assistance Appropriations Act, 2003.
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(b) Reimbursement of Foreign Taxes.--An amount equivalent
to 200 percent of the total taxes assessed during fiscal year
2006 on funds appropriated by this Act by a foreign government
or entity against commodities financed under United States
assistance programs for which funds are appropriated by this
Act, either directly or through grantees, contractors and
subcontractors shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2007 and allocated
for the central government of such country and for the West
Bank and Gaza Program to the extent that the Secretary of State
certifies and reports in writing to the Committees on
Appropriations that such taxes have not been reimbursed to the
Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each country or entity pursuant to subsection (b) shall be
reprogrammed for assistance to countries which do not assess
taxes on United States assistance or which have an effective
arrangement that is providing substantial reimbursement of such
taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply to
any country or entity the Secretary of State
determines--
(A) does not assess taxes on United States
assistance or which has an effective
arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the
United States outweigh the policy of this
section to ensure that United States assistance
is not subject to taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard
to any country or entity.
(f) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to
value added taxes and customs duties imposed on
commodities financed with United States assistance for
programs for which funds are appropriated by this Act;
and
(2) the term ``bilateral agreement'' refers to a
framework bilateral agreement between the Government of
the United States and the government of the country
receiving assistance that describes the privileges and
immunities applicable to United States foreign
assistance for such country generally, or an individual
agreement between the Government of the United States
and such government that describes, among other things,
the treatment for tax purposes that will be accorded
the United States assistance provided under that
agreement.
prohibition against direct funding for certain countries
Sec. 507.\44\ None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or
expended to finance directly any assistance or reparations to
Cuba, Libya, North Korea, Iran, or Syria: Provided, That for
purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance and
guarantees of the Export-Import Bank or its agents: Provided
further, That for purposes of this section, the prohibition
shall not include activities of the Overseas Private Investment
Corporation in Libya: Provided further, That the prohibition
shall not include direct loans, credits, insurance and
guarantees made available by the Export-Import Bank or its
agents for or in Libya.
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\44\ Language similar to that in the main clause was first enacted
as sec. 111 of the Foreign Assistance Appropriations Act, 1974. The
Foreign Operations, Export Financing, and Related Programs Act, 1990
(Public Law 101-167; 103 Stat. 2268), added two provisos, the first of
which has been continued in subsequent years. In fiscal year 2003, five
additional provisos were added to allow conditional assistance for
Iraq. In fiscal year 2006, two provisos were inserted to exempt OPIC
and Export-Import Bank support related to Libya.
The following countries have been listed in similar sections in
recent previous fiscal years:
Fiscal years 2004 through 2006--Cuba, Libya, North Korea, Iran, or
Syria;
Fiscal years 1997 through 2003--Cuba, Iraq (2003, with exceptions),
Libya, North Korea, Iran, Sudan, or Syria;
Fiscal years 1995 and 1996--Cuba, Iraq, Libya, North Korea, Iran,
Serbia, Sudan, or Syria;
Fiscal year 1994--Cuba, Iraq, Libya, the Socialist Republic of
Vietnam, Iran, Serbia, Sudan, or Syria;
Fiscal years 1992 and 1993--Cuba, Iraq, Libya, the Socialist
Republic of Vietnam, Iran, or Syria; and
Fiscal year 1991--Angola, Cambodia, Cuba, Iraq, Libya, the
Socialist Republic of Vietnam, Iran, or Syria.
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military coups
Sec. 508.\45\ None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or
expended to finance directly any assistance to the government
of any country whose duly elected head of government is deposed
by military coup or decree: Provided, That assistance may be
resumed to such government if the President determines and
certifies to the Committees on Appropriations that subsequent
to the termination of assistance a democratically elected
government has taken office: Provided further, That the
provisions of this section shall not apply to assistance to
promote democratic elections or public participation in
democratic processes: Provided further, That funds made
available pursuant to the previous provisos shall be subject to
the regular notification procedures of the Committees on
Appropriations.
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\45\ Language similar to that in the main clause was first enacted
as sec. 513 of the Foreign Assistance Appropriations Act, 1986;
reference to ``government of any country'' replaced ``any country'' in
fiscal year 2002. The first proviso first appeared in sec. 513 of the
Foreign Assistance Appropriations Act, 1988. The second and third
provisos were first enacted in the Foreign Assistance Appropriations
Act, 2002.
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transfers
Sec. 509. (a)(1) Limitation on Transfers Between
Agencies.--None of the funds made available by this Act may be
transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(b) Transfers Between Accounts.--None of the funds made
available by this Act may be obligated under an appropriation
account to which they were not appropriated, except for
transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any
authority contained in the Foreign Assistance Act of 1961 to
transfer funds, consults with and provides a written policy
justification to the Committees on Appropriations of the House
of Representatives and the Senate.
(c) Audit of Inter-Agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the United States Agency for
International Development and another agency of the United
States Government under the authority of section 632(a) of the
Foreign Assistance Act of 1961 or any comparable provision of
law, shall expressly provide that the Office of the Inspector
General for the agency receiving the transfer or allocation of
such funds shall perform periodic program and financial audits
of the use of such funds: Provided, That funds transferred
under such authority may be made available for the cost of such
audits.
commercial leasing of defense articles
Sec. 510. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a) of
the Arms Export Control Act may be used to provide financing to
Israel, Egypt and NATO and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
availability of funds
Sec. 511.\46\ No part of any appropriation contained in
this Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided in this Act: Provided, That funds appropriated for the
purposes of chapters 1, 8, 11, and 12 of part I, section 667,
chapters 4, 6, 8, and 9 of part II of the Foreign Assistance
Act of 1961, section 23 of the Arms Export Control Act, and
funds provided under the heading ``Assistance for Eastern
Europe and the Baltic States'', shall remain available for an
additional 4 years from the date on which the availability of
such funds would otherwise have expired, if such funds are
initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided
further, That, notwithstanding any other provision of this Act,
any funds made available for the purposes of chapter 1 of part
I and chapter 4 of part II of the Foreign Assistance Act of
1961 which are allocated or obligated for cash disbursements in
order to address balance of payments or economic policy reform
objectives, shall remain available until expended.
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\46\ Similar language first enacted as sec. 403 of the Foreign
Assistance Appropriations Act, 1967. Reference to funds provided for
Eastern Europe and the Baltic States was added in sec. 511 of the
Foreign Assistance Appropriations Act, 1997. Reference to chapter 12 of
the Foreign Assistance Act of 1961 was added in fiscal year 2001.
Reference to sec. 23 of the Arms Export Control Act was added in fiscal
year 2002. Sections in prior years required the report required by sec.
653(a) of the Foreign Assistance Act of 1961 to include information
regarding funds allocated for cash disbursement for balance of payment
and economic policy reform purposes.
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limitation on assistance to countries in default
Sec. 512.\47\ No part of any appropriation contained in
this Act shall be used to furnish assistance to the government
of any country which is in default during a period in excess of
1 calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by
the United States pursuant to a program for which funds are
appropriated under this Act unless the President determines,
following consultations with the Committees on Appropriations,
that assistance to such country is in the national interest of
the United States.
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\47\ Popularly referred to as the Brooke-Alexander amendment.
Similar language was first enacted as sec. 506 of the Foreign
Assistance Appropriations Act, 1976. Prior to FY 2001, this section
referred to ``any loan made to such country''; the reference to the
government of such country was added in FY 2001. In FY 2003, ``the
government of'' was added before ``any country which is in default''.
Beginning in fiscal year 1990, a proviso was enacted to exempt certain
countries from application of the section for narcotics-related funding
(sec. 518 of the Foreign Assistance Appropriations Act, 1990).
Colombia, Bolivia, and Peru were cited in that section, but were
omitted the following year. Reference to Nicaragua was added in the
Foreign Assistance Appropriations Act, 1991. Liberia was added in the
Foreign Assistance Appropriations Act, 1998. Brazil was added in the
Foreign Assistance Appropriations Act, 1999. Nicaragua, Liberia, and
Brazil were subsequently omitted for FY 2000.
In fiscal year 2002, the President's authority to waive application
of the section was added.
See also sec. 620(q) of the Foreign Assistance Act of 1961, as
amended.
On December 18, 2004, the Secretary of State determined ``that
assistance to the Dominican Republic is in the national interest of the
United States and thereby waive[d] with respect to that country, the
application of section 620(q) of the FAA from the date it would
otherwise have been applicable and section 512 of the FOAA, as well as
any provision of law that is the same or substantially the same as such
provisions, including subsequently enacted provisions.'' (Department of
State Public Notice 5001; 70 F.R. 9125).
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commerce and trade
Sec. 513.\48\ (a) None of the funds appropriated or made
available pursuant to this Act for direct assistance and none
of the funds otherwise made available pursuant to this Act to
the Export-Import Bank and the Overseas Private Investment
Corporation shall be obligated or expended to finance any loan,
any assistance or any other financial commitments for
establishing or expanding production of any commodity for
export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the
time the resulting productive capacity is expected to become
operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to
the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the United
States are likely to outweigh the injury to United States
producers of the same, similar, or competing commodity, and the
Chairman of the Board so notifies the Committees on
Appropriations.
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\48\ Language contained in subsec. (a) was first enacted as sec.
608 of the Foreign Assistance Appropriations Act, 1979. Language
contained in subsec. (b) was first enacted in sec. 521 of the Foreign
Assistance Appropriations Act, 1991. That Act, and Appropriations Acts
through FY 1995 also included a subsec. (c), relating to the
development of import-sensitive products that would compete with U.S.
products.
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(b) \49\ None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing or
breeding feasibility study, variety improvement or
introduction, consultancy, publication, conference, or training
in connection with the growth or production in a foreign
country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the
United States: Provided, That this subsection shall not
prohibit--
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\49\ Popularly referred to as the Bumpers amendment.
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(1) activities designed to increase food security in
developing countries where such activities will not
have a significant impact on the export of agricultural
commodities of the United States; or
(2) research activities intended primarily to benefit
American producers.
surplus commodities
Sec. 514.\50\ The Secretary of the Treasury shall instruct
the United States Executive Directors of the International Bank
for Reconstruction and Development, the International
Development Association, the International Finance Corporation,
the Inter-American Development Bank, the International Monetary
Fund, the Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the European
Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the
voice and vote of the United States to oppose any assistance by
these institutions, using funds appropriated or made available
pursuant to this Act, for the production or extraction of any
commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing
commodity.
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\50\ 22 U.S.C. 262h note. Similar language was first enacted as
sec. 22 of the Export-Import Bank Act Amendments of 1986. The Foreign
Assistance Appropriations Act, 1999, included a subsec. (b), which
required the Secretary of the Treasury to ``instruct the United States
executive directors of international financial institutions listed in
subsection (a) of this section to use the voice and vote of the United
States to support the purchase of American produced agricultural
commodities with funds appropriated or made available pursuant to this
Act.''.
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notification requirements
Sec. 515.\51\ For the purposes of providing the executive
branch with the necessary administrative flexibility, none of
the funds made available under this Act for ``Child Survival
and Health Programs Fund'', ``Development Assistance'',
``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Andean Counterdrug Initiative'', ``Assistance
for Eastern Europe and the Baltic States'', ``Assistance for
the Independent States of the Former Soviet Union'', ``Economic
Support Fund'', ``Global HIV/AIDS Initiative'', ``Democracy
Fund'', ``Peacekeeping Operations'', ``Capital Investment
Fund'', ``Operating Expenses of the United States Agency for
International Development'', ``Operating Expenses of the United
States Agency for International Development Office of Inspector
General'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Millennium Challenge Corporation'' (by
country only), ``Foreign Military Financing Program'',
``International Military Education and Training'', ``Peace
Corps'', and ``Migration and Refugee Assistance'', shall be
available for obligation for activities, programs, projects,
type of materiel assistance, countries, or other operations not
justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these
specific headings unless the Committees on Appropriations of
both Houses of Congress are previously notified 15 days in
advance: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23
of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other
major defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20
percent in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified 15 days in
advance of such commitment: Provided further, That this section
shall not apply to any reprogramming for an activity, program,
or project for which funds are appropriated under title II of
this Act of less than 10 percent of the amount previously
justified to the Congress for obligation for such activity,
program, or project for the current fiscal year: Provided
further, That the requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial risk
to human health or welfare: Provided further, That in case of
any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as
early as practicable, but in no event later than 3 days after
taking the action to which such notification requirement was
applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification provided
pursuant to such a waiver shall contain an explanation of the
emergency circumstances.
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\51\ Similar language, without the proviso clauses, was enacted as
sec. 114 of the Foreign Assistance Appropriations Act, 1974.
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limitation on availability of funds for international organizations and
programs
Sec. 516.\52\ Subject to the regular notification
procedures of the Committees on Appropriations, funds
appropriated under this Act or any previously enacted Act
making appropriations for foreign operations, export financing,
and related programs, which are returned or not made available
for organizations and programs because of the implementation of
section 307(a) of the Foreign Assistance Act of 1961, shall
remain available for obligation until September 30, 2007.
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\52\ Similar language was first enacted as sec. 154 of the Further
Continuing Appropriations Act, 1983.
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independent states of the former soviet union
Sec. 517.\53\ (a) \54\ None of the funds appropriated under
the heading ``Assistance for the Independent States of the
Former Soviet Union'' shall be made available for assistance
for a government of an Independent State of the former Soviet
Union if that government directs any action in violation of the
territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That
such funds may be made available without regard to the
restriction in this subsection if the President determines that
to do so is in the national security interest of the United
States.
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\53\ Sec. 517 of the Foreign Assistance Appropriations Act, 1999,
first enacted language pertaining to ``New Independent States of the
Former Soviet Union'' under general provisions.
\54\ 22 U.S.C. 5814 note. On December 5, 2005, the Deputy Secretary
of State determined ``Pursuant to the authority vested in me as Deputy
Secretary of State, including by Section 517(a) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
2006 (Public Law 109-102), Executive Order 13118 of March 31, 1999, and
State Department Delegation of Authority No. 245 of April 21, 2001, I
hereby determine that it is in the national security interest of the
United States to make available funds appropriated under the heading
`Assistance for the Independent States of the Former Soviet Union' in
title II of that Act without regard to the restriction in that
section.'' (Department of State Public Notice 5249; 70 F.R. 75233).
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(b) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for any state to enhance its
military capability: Provided, That this restriction does not
apply to demilitarization, demining or nonproliferation
programs.
(c) Funds appropriated under the heading ``Assistance for
the Independent States of the Former Soviet Union'' for the
Russian Federation, Armenia, Kazakhstan, and Uzbekistan shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(d) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject
to the provisions of section 117 (relating to environment and
natural resources) of the Foreign Assistance Act of 1961.
(e) In issuing new task orders, entering into contracts, or
making grants, with funds appropriated in this Act or prior
appropriations Acts under the heading ``Assistance for the
Independent States of the Former Soviet Union'' and under
comparable headings in prior appropriations Acts, for projects
or activities that have as one of their primary purposes the
fostering of private sector development, the Coordinator for
United States Assistance to Europe and Eurasia and the
implementing agency shall encourage the participation of and
give significant weight to contractors and grantees who propose
investing a significant amount of their own resources
(including volunteer services and in-kind contributions) in
such projects and activities.
prohibition on funding for abortions and involuntary sterilization
Sec. 518.\55\ None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part I
of the Foreign Assistance Act of 1961, as amended, may be used
to pay for the performance of involuntary sterilization as a
method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to
methods of, or the performance of, abortions or involuntary
sterilization as a means of family planning. None of the funds
made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use
of these funds by any such country or organization would
violate any of the above provisions related to abortions and
involuntary sterilizations.
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\55\ Similar language was first enacted as sec. 541 of the Foreign
Assistance Appropriations Act, 1986. From FY 1997 through FY 2001, a
proviso was included to prohibit the use of funds from being used to
lobby for or against abortion. See also sec. 104(f) of the Foreign
Assistance Act of 1961.
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export financing transfer authorities
Sec. 519.\56\ Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for
fiscal year 2006, for programs under title I of this Act may be
transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation,
except as otherwise specifically provided, shall be increased
by more than 25 percent by any such transfer: Provided, That
the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
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\56\ Similar language was first enacted as sec. 519 of the Foreign
Assistance Appropriations Act, 2000.
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special notification requirements
Sec. 520.\57\ None of the funds appropriated by this Act
shall be obligated or expended for assistance for Liberia,
Serbia, Sudan, Zimbabwe, Pakistan, or Cambodia except as
provided through the regular notification procedures of the
Committees on Appropriations.
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\57\ The following countries have been listed in similar sections
in recent previous fiscal years:
Fiscal year 2005--Liberia, Serbia, Sudan, Zimbabwe, Pakistan, or
Cambodia;
Fiscal year 2004--Liberia, Serbia, Sudan, Zimbabwe, Pakistan,
Cambodia, or the Democratic Republic of the Congo;
Fiscal year 2003--Colombia, Liberia, Serbia, Sudan, Zimbabwe,
Pakistan, or the Democratic Republic of the Congo;
Fiscal year 2002--Colombia, Haiti, Liberia, Serbia, Sudan,
Zimbabwe, Pakistan, or the Democratic Republic of Congo;
Fiscal year 2001--Colombia, Haiti, Liberia, Serbia, Sudan,
Ethiopia, Eritrea, Zimbabwe, Pakistan, or the Democratic Republic of
Congo;
Fiscal year 2000--Colombia, Haiti, Liberia, Pakistan, Panama,
Serbia, Sudan, or the Democratic Republic of Congo;
Fiscal year 1999--Colombia, Honduras, Haiti, Liberia, Pakistan,
Serbia, Sudan, or the Democratic Republic of Congo;
Fiscal year 1998--Colombia, Haiti, Liberia, Pakistan, Panama, Peru,
Serbia, Sudan, or the Democratic Republic of Congo;
Fiscal year 1997--Colombia, Guatemala (except development
assistance), Dominican Republic, Haiti, Liberia, Pakistan, Peru,
Serbia, Sudan, or Zaire;
Fiscal year 1996--Colombia, Dominican Republic, Guatemala, Haiti,
Liberia, Nicaragua (with exception), Pakistan, Peru, Russia, Sudan, or
Zaire;
Fiscal year 1995--Colombia, Dominican Republic, El Salvador (with
exception), Guatemala, Haiti, Indonesia, Liberia, Nicaragua (with
exception), Pakistan, Peru, Rwanda, Sudan, or Zaire;
Fiscal year 1994--Afghanistan, Cambodia, Colombia, El Salvador
(with exception), Guatemala, Haiti, Indonesia, Jordan, Liberia, Malawi,
Nicaragua (with exception), Peru, Sudan, Togo, or Zaire;
Fiscal year 1993--Sudan, Liberia, Lebanon, Zaire, Yemen, Haiti,
Ivory Coast, Guatemala, Malawi, Peru, Uganda, Cambodia, Indonesia, or
Somalia;
Fiscal year 1992--Sudan, Liberia, Lebanon, Zaire, Chile, Yemen,
Haiti, Guatemala, or Somalia; and
Fiscal year 1991--Sudan, Liberia, Lebanon, Zaire, Chile, Yemen,
Haiti, Guatemala, or Somalia.
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definition of program, project, and activity
Sec. 521.\58\ For the purpose of this Act ``program,
project, and activity'' shall be defined at the appropriations
Act account level and shall include all appropriations and
authorizations Acts earmarks, ceilings, and limitations with
the exception that for the following accounts: Economic Support
Fund and Foreign Military Financing Program, ``program,
project, and activity'' shall also be considered to include
country, regional, and central program level funding within
each such account; for the development assistance accounts of
the United States Agency for International Development
``program, project, and activity'' shall also be considered to
include central, country, regional, and program level funding,
either as: (1) justified to the Congress; or (2) allocated by
the executive branch in accordance with a report, to be
provided to the Committees on Appropriations within 30 days of
the enactment of this Act, as required by section 653(a) of the
Foreign Assistance Act of 1961.
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\58\ Similar language was first enacted as sec. 550 of the Foreign
Assistance Appropriations Act, 1987. Reference to country and regional
program level funding was added in FY 2003.
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child survival and health activities
Sec. 522.\59\ Up to $13,500,000 of the funds made available
by this Act for assistance under the heading ``Child Survival
and Health Programs Fund'', may be used to reimburse United
States Government agencies, agencies of State governments,
institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or assigned
to, or contracted by, as the case may be, the United States
Agency for International Development for the purpose of
carrying out activities under that heading: Provided, That up
to $3,500,000 of the funds made available by this Act for
assistance under the heading ``Development Assistance'' may be
used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying out
other development assistance activities: Provided further, That
funds appropriated by titles II and III of this Act that are
made available for bilateral assistance for child survival
activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/
AIDS may be made available notwithstanding any other provision
of law except for the provisions under the heading ``Child
Survival and Health Programs Fund'' and the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
Provided further, That of the funds appropriated under title II
of this Act, not less than $440,000,000 shall be made available
for family planning/reproductive health: Provided further,\60\
That the Comptroller General of the United States shall conduct
an audit on the use of funds appropriated for fiscal years 2004
and 2005 under the heading ``Child Survival and Health Programs
Fund'', to include specific recommendations on improving the
effectiveness of such funds.
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\59\ Similar language was first enacted as sec. 551 of the Foreign
Assistance Appropriations Act, 1987. References to activities relating
to control and treatment of Acquired Immune Deficiency Syndrome (AIDS)
in developing countries first appeared in sec. 545 of the Foreign
Assistance Appropriations Act, 1989; the current proviso referring, in
part, to the United States Leadership Against HIV/AIDS, Tuberculosis,
and Malaria Act of 2003 was added in FY 2004. A proviso exempting
family planning funds from the application of sections of law
pertaining default or external debt was added in sec. 542 of the
Foreign Assistance Appropriations Act, 1993, and stated annually
through FY 2000. A proviso, relating to AID personnel policy, was
included in the section from FY 1989 through FY 1995. The Foreign
Assistance Appropriations Act, 1999, expanded the section to refer to
other infectious diseases, prevention, and disease programs. That Act
also included a reference to family planning programs; exempting such
funding from restrictions related to debt arrearage. That language was
omitted the following year. The first proviso, referring to development
assistance and reimbursements, was added in Foreign Assistance
Appropriations Act, 2000. In FY 2002, the title of the section was
restated.
\60\ Sec. 20409 of Public Law 109-289, as amended by Public Law
110-5 (121 Stat. 25), provided, for fiscal year 2007, that
``Notwithstanding any other provision of this division, the following
provisions in the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2006 (Public Law 109-102) shall not apply
to funds appropriated by this division: * * * the fourth proviso of
section 522 * * *''.
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afghanistan
Sec. 523. Of the funds appropriated by titles II and III of
this Act, not less than $1,022,086,000 \61\ should be made
available for humanitarian, reconstruction, and related
assistance for Afghanistan: Provided, That of the funds made
available pursuant to this section, not less than $3,000,000
should be made available for reforestation activities: Provided
further, That funds made available pursuant to the previous
proviso should be matched, to the maximum extent possible, with
contributions from American and Afghan businesses: Provided
further, That of the funds allocated for assistance for
Afghanistan from this Act and other Acts making appropriations
for foreign operations, export financing, and related programs
for fiscal year 2006, not less than $50,000,000 should be made
available to support programs that directly address the needs
of Afghan women and girls, of which not less than $7,500,000
shall be made available for grants to support training and
equipment to improve the capacity of women-led Afghan
nongovernmental organizations and to support the activities of
such organizations: Provided further, That of the funds made
available pursuant to this section, not less than $2,000,000
should be made available for the Afghan Independent Human
Rights Commission and for other Afghan human rights
organizations.
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\61\ Sec. 20408 of Public Law 109-289, as amended (121 Stat. 24),
struck out ``$931,400,000'' and inserted in lieu thereof
``$1,022,086,000''.
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notification on excess defense equipment
Sec. 524.\62\ Prior to providing excess Department of
Defense articles in accordance with section 516(a) of the
Foreign Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent and
under the same conditions as are other committees pursuant to
subsection (f) of that section: Provided, That before issuing a
letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense
articles are significant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or are valued (in
terms of original acquisition cost) at $7,000,000 or more, or
if notification is required elsewhere in this Act for the use
of appropriated funds for specific countries that would receive
such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition
cost of such defense articles.
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\62\ Similar language, excluding the first proviso, was first
enacted as sec. 559 of the Foreign Assistance Appropriations Act, 1988.
Language similar to that in the first proviso was added by sec. 548 of
the Foreign Assistance Appropriations Act, 1991. Reference to
``significant military equipment'' and valuation was added in FY 2002.
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hiv/aids
Sec. 525. (a) Notwithstanding any other provision of this
Act, 20 percent of the funds that are appropriated by this Act
for a contribution to support the Global Fund to Fight AIDS,
Tuberculosis and Malaria (the ``Global Fund'') shall be
withheld from obligation to the Global Fund until the Secretary
of State certifies to the Committees on Appropriations that the
Global Fund--
(1) has established clear progress indicators upon
which to determine the release of incremental
disbursements;
(2) is releasing such incremental disbursements only
if progress is being made based on those indicators;
and
(3) is providing support and oversight to country-
level entities, such as country coordinating
mechanisms, principal recipients, and local Fund
agents, to enable them to fulfill their mandates.
(b) The Secretary of State may waive subsection (a) if the
Secretary determines and reports to the Committees on
Appropriations that such waiver is important to the national
interest of the United States.
burma
Sec. 526.\63\ (a) \64\ The Secretary of the Treasury shall
instruct the United States executive director to each
appropriate international financial institution in which the
United States participates, to oppose and vote against the
extension by such institution of any loan or financial or
technical assistance or any other utilization of funds of the
respective bank to and for Burma.
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\63\ Language similar to that in subsec. (a) was first enacted in
sec. 531 of the Foreign Assistance Appropriations Act, 2004. Language
stating terms for Economic Support Fund for democracy activities and
for humanitarian assistance, similar to that in subsec. (b), was first
enacted in title II of the Foreign Assistance Appropriations Act, 1996.
\64\ 50 U.S.C. 1701 note.
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(b) Of the funds appropriated under the heading ``Economic
Support Fund'', not less than $11,000,000 shall be made
available to support democracy activities in Burma, along the
Burma-Thailand border, for activities of Burmese student groups
and other organizations located outside Burma, and for the
purpose of supporting the provision of humanitarian assistance
to displaced Burmese along Burma's borders: Provided, That
funds made available under this heading may be made available
notwithstanding any other provision of law: Provided further,
That in addition to assistance for Burmese refugees provided
under the heading ``Migration and Refugee Assistance'' in this
Act, not less than $3,000,000 shall be made available for
assistance for community-based organizations operating in
Thailand to provide food, medical and other humanitarian
assistance to internally displaced persons in eastern Burma:
Provided further, That funds made available under this section
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(c) The President shall include amounts expended by the
Global Fund to Fight AIDS, Tuberculosis and Malaria to the
State Peace and Development Council in Burma, directly or
through groups and organizations affiliated with the Global
Fund, in making determinations regarding the amount to be
withheld by the United States from its contribution to the
Global Fund pursuant to section 202(d)(4)(A)(ii) of Public Law
108-25.
prohibition on bilateral assistance to terrorist countries
Sec. 527.\65\ (a) Funds appropriated for bilateral
assistance under any heading of this Act and funds appropriated
under any such heading in a provision of law enacted prior to
the enactment of this Act, shall not be made available to any
country which the President determines--
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\65\ Sec. 576 of the Foreign Assistance Appropriations Act, 1988,
first enacted a ``Prohibition on Bilateral Assistance to Terrorist
Countries''. Sec. 564 of the Foreign Assistance Appropriations Act,
1990, substantially reworded this prohibition, providing the criteria
for restriction, and the requirement for Presidential determination and
waiver.
See also sec. 620A of the Foreign Assistance Act of 1961, sec. 40
of the Arms Export Control Act (this volume), and sec. 6(j) of the
Export Administration Act of 1979 (volume III).
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(1) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least 15 days before the waiver takes effect, shall
notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance with
the regular notification procedures of the Committees on
Appropriations.
debt-for-development
Sec. 528.\66\ In order to enhance the continued
participation of nongovernmental organizations in debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the United
States Agency for International Development may place in
interest bearing accounts local currencies which accrue to that
organization as a result of economic assistance provided under
title II of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest
earned on such investment shall be used for the purpose for
which the assistance was provided to that organization.
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\66\ Similar language was first enacted as sec. 584 of the Foreign
Assistance Appropriations Act, 1990. The phrase, ``subject to the
regular notification procedures of the Committees on Appropriations,''
was added in sec. 528 of the Foreign Assistance Appropriations Act,
2005.
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separate accounts
Sec. 529.\67\ (a) Separate Accounts for Local Currencies.--
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\67\ 22 U.S.C. 2362 note. Similar language was first contained in
sec. 592 of the Foreign Assistance Appropriations Act, 1990.
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(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 under agreements which result in the generation of
local currencies of that country, the Administrator of
the United States Agency for International Development
shall--
(A) require that local currencies be
deposited in a separate account established by
that government;
(B) enter into an agreement with that
government which sets forth--
(i) the amount of the local
currencies to be generated; and
(ii) the terms and conditions under
which the currencies so deposited may
be utilized, consistent with this
section; and
(C) establish by agreement with that
government the responsibilities of the United
States Agency for International Development and
that government to monitor and account for
deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed upon
with the foreign government, local currencies deposited
in a separate account pursuant to subsection (a), or an
equivalent amount of local currencies, shall be used
only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), for
such purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of
the United States Government.
(3) Programming accountability.--The United States
Agency for International Development shall take all
necessary steps to ensure that the equivalent of the
local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established
pursuant to subsection (a)(1) are used for the purposes
agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon
termination of assistance to a country under chapter 1
or 10 of part I or chapter 4 of part II (as the case
may be), any unencumbered balances of funds which
remain in a separate account established pursuant to
subsection (a) shall be disposed of for such purposes
as may be agreed to by the government of that country
and the United States Government.
(5) Reporting requirement.--The Administrator of the
United States Agency for International Development
shall report on an annual basis as part of the
justification documents submitted to the Committees on
Appropriations on the use of local currencies for the
administrative requirements of the United States
Government as authorized in subsection (a)(2)(B), and
such report shall include the amount of local currency
(and United States dollar equivalent) used and/or to be
used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the government
of a foreign country, under chapter 1 or 10 of part I
or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject
sector assistance, that country shall be required to
maintain such funds in a separate account and not
commingle them with any other funds.
(2) Applicability of other provisions of law.--Such
funds may be obligated and expended notwithstanding
provisions of law which are inconsistent with the
nature of this assistance including provisions which
are referenced in the Joint Explanatory Statement of
the Committee of Conference accompanying House Joint
Resolution 648 (House Report No. 98-1159).\68\
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\68\ Provisions referred to in the Joint Explanatory Statement of
the Committee of Conference accompanying House Joint Resolution 648 (H.
Rept. 98-1159) include: sec. 604 of the Foreign Assistance Act of 1961,
as amended; sec. 901(b)(1) of the Merchant Marine Act of 1936, as
amended; sec. 5 of the International Air Transportation Fair
Competitive Practice Act of 1974; sec. 644 of the Small Business Act;
sec. 2711 of the Competition in Contracting Act of 1984; and the
provisions of the Federal Property and Administrative Services Act of
1949, as amended.
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(3) Notification.--At least 15 days prior to
obligating any such cash transfer or nonproject sector
assistance, the President shall submit a notification
through the regular notification procedures of the
Committees on Appropriations, which shall include a
detailed description of how the funds proposed to be
made available will be used, with a discussion of the
United States interests that will be served by the
assistance (including, as appropriate, a description of
the economic policy reforms that will be promoted by
such assistance).
(4) Exemption.--Nonproject sector assistance funds
may be exempt from the requirements of subsection
(b)(1) only through the notification procedures of the
Committees on Appropriations.
enterprise fund restrictions
Sec. 530.\69\ (a) Prior to the distribution of any assets
resulting from any liquidation, dissolution, or winding up of
an Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance with
the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
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\69\ Subsec. (a) first enacted as sec. 577 of the Foreign
Assistance Appropriations Act, 1999. Subsec. (b) was added this year.
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(b) Funds made available by this Act for Enterprise Funds
shall be expended at the minimum rate necessary to make timely
payment for projects and activities.
financial market assistance in transition countries
Sec. 531. Of the funds appropriated by this Act under the
headings ``Trade and Development Agency'', ``Development
Assistance'', ``Transition Initiatives'', ``Economic Support
Fund'', ``International Affairs Technical Assistance'',
``Assistance for the Independent States of the Former Soviet
Union'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', and ``Assistance for Eastern Europe and
Baltic States'', not less than $40,000,000 should be made
available for building capital markets and financial systems in
countries in transition.
authorities for the peace corps, inter-american foundation and african
development foundation
Sec. 532.\70\ Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related programs,
shall not be construed to prohibit activities authorized by or
conducted under the Peace Corps Act, the Inter-American
Foundation Act or the African Development Foundation Act. The
agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is
proposing to conduct activities in a country for which
assistance is prohibited.
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\70\ Similar language was first enacted in sec. 589 of the Foreign
Assistance Appropriations Act, 1993. FY 1999 through 2001 legislation
included an exemption for funding directed to the International Fund
for Agricultural Development, first enacted in sec. 537 of the Foreign
Assistance Appropriations Act, 1999.
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impact on jobs in the united states
Sec. 533.\71\ None of the funds appropriated by this Act
may be obligated or expended to provide--
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\71\ Similar language was first enacted, except the proviso in
para. (2), as sec. 599 of the Foreign Assistance Appropriations Act,
1993. That proviso was added by sec. 547 of the Foreign Assistance
Appropriations Act, 1994. Prior language, FY 1993 through 2001,
included a reference to discrepancy in tax, tariff, labor, environment,
and safety laws.
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(1) any financial incentive to a business enterprise
currently located in the United States for the purpose
of inducing such an enterprise to relocate outside the
United States if such incentive or inducement is likely
to reduce the number of employees of such business
enterprise in the United States because United States
production is being replaced by such enterprise outside
the United States; or
(2) assistance for any program, project, or activity
that contributes to the violation of internationally
recognized workers rights, as defined in section 507(4)
of the Trade Act of 1974, of workers in the recipient
country, including any designated zone or area in that
country: Provided, That the application of section
507(4)(D) and (E) of such Act should be commensurate
with the level of development of the recipient country
and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
special authorities
Sec. 534.\72\ (a) Afghanistan, Iraq, Pakistan, Lebanon,
Montenegro, Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated by this Act that are made
available for assistance for Afghanistan may be made available
notwithstanding section 512 of this Act or any similar
provision of law and section 660 of the Foreign Assistance Act
of 1961, and funds appropriated in titles I and II of this Act
that are made available for Iraq, Lebanon, Montenegro,
Pakistan, and for victims of war, displaced children, and
displaced Burmese, and to assist victims of trafficking in
persons and, subject to the regular notification procedures of
the Committees on Appropriations, to combat such trafficking,
may be made available notwithstanding any other provision of
law.
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\72\ Language similar to that in subsecs. (a) and (b) was first
enacted as sec. 549 of the Foreign Assistance Appropriations Act, 1994.
Various provisos in subsec. (a) have been added and omitted since the
section's introduction. Language similar to that in subsec. (c) was
added as subsec. (d) in fiscal year 1995. New subsec. (d) was added in
sec. 540 of the Foreign Assistance Appropriations Act, 1999. Subsec.
(e) was added as subsec. (f) in sec. 534 in FY 2002, which also
included a subsec. (e), relating to contingencies. Subsec. (g),
relating to reconstituting civilian police authority, was added in FY
2003. Subsec. (h), relating to the World Food Program, was added in FY
2003 as subsec. (i). Subsec. (i), relating to university programs and
China, was added in FY 2005 as subsec. (l). Subsec. (k), relating to
the Middle East Foundation, was added in FY 2006.
References to ``victims of war'' and ``displaced children'' have
been included annually. Reference to assisting ``victims of trafficking
in persons'' was added in FY 2003. The following countries and groups
have been listed in similar sections in previous fiscal years:
Fiscal Years 2004 and 2005--Afghanistan, Pakistan, Lebanon,
Montenegro, victims of war, displaced children, and displaced Burmese;
Fiscal Year 2003--Afghanistan, Lebanon, Montenegro, victims of war,
displaced children, displaced Burmese;
Fiscal Years 2001 and 2002--Afghanistan, Cambodia (with
conditions), Lebanon, Montenegro, victims of war, displaced children,
displaced Burmese;
Fiscal Year 2000--Afghanistan, Cambodia (with conditions), Lebanon,
Montenegro, victims of war, displaced children, displaced Burmese,
Romania (humanitarian assistance), Kosova (humanitarian assistance);
Fiscal Year 1999--Afghanistan, Cambodia (with conditions), Lebanon,
Montenegro, victims of war, displaced children, displaced Burmese,
Romania (humanitarian assistance), (Kosova) humanitarian assistance;
Fiscal Year 1998--Afghanistan, Lebanon, displaced Burmese, Romania
(humanitarian assistance), and humanitarian assistance for the peoples
of Bosnia and Herzegovina, Croatia and Kosova;
Fiscal Year 1997--Afghanistan, Lebanon, Cambodia (with conditions),
displaced Burmese, Romania (humanitarian assistance), humanitarian
assistance for the peoples of Bosnia and Herzegovina, Croatia and
Kosova;
Fiscal Year 1996--Afghanistan, Lebanon, Cambodia (with conditions),
displaced Burmese, Romania (humanitarian assistance), humanitarian
assistance for the peoples of Bosnia-Herzegovina, Croatia and Kosova;
Fiscal Year 1995--Haiti, Afghanistan, Lebanon, Cambodia (with
conditions), displaced Burmese, Romania (humanitarian assistance),
humanitarian assistance for the peoples of Bosnia-Herzegovina, Croatia
and Kosova; and
Fiscal Year 1994--Haiti, Afghanistan, Lebanon, Cambodia (with
conditions), displaced Burmese, Romania (humanitarian assistance),
humanitarian assistance for the peoples of Bosnia-Herzegovina, Croatia
and Kosova.
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(b) Tropical Forestry and Biodiversity Conservation
Activities.--Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and biodiversity conservation
activities and energy programs aimed at reducing greenhouse gas
emissions: Provided, That such assistance shall be subject to
sections 116, 502B, and 620A of the Foreign Assistance Act of
1961.
(c) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961, and
title II of the Agricultural Trade Development and Assistance
Act of 1954, may be used by the United States Agency for
International Development to employ up to 25 personal services
contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim
support for new or expanded overseas programs and activities
managed by the agency until permanent direct hire personnel are
hired and trained: Provided, That not more than 10 of such
contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of
the Agricultural Trade Development and Assistance Act of 1954,
may be made available only for personal services contractors
assigned to the Office of Food for Peace.
(d) \73\ (1) Waiver.--The President may waive the
provisions of section 1003 of Public Law 100-204 if the
President determines and certifies in writing to the Speaker of
the House of Representatives and the President pro tempore of
the Senate that it is important to the national security
interests of the United States.
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\73\ Sec. 3 of the Middle East Peace Facilitation Act of 1993, as
amended (Public Law 103-125; 107 Stat. 1309), authorized the President
to suspend certain provisions of law, including sec. 307 of this Act,
as they applied to the P.L.O. or entities associated with it if certain
conditions were met and the President so certified and consulted with
relevant congressional committees. This authority was continued in this
Act, and in the Middle East Peace Facilitation Act of 1995 (title VI of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1996; Public Law 104-107).
The President issued certifications, as provided for in the 1993,
1994, and 1995 Acts, in Presidential Determination No. 94-13 of January
14, 1994 (59 F.R. 4777), which was extended until January 1, 1995, by
Presidential Determination No. 94-30 of June 30, 1994 (59 F.R. 35607);
until July 1, 1995, by Presidential Determination No. 95-12 of December
31, 1994 (60 F.R. 2673); until August 15, 1995, by Presidential
Determination No. 95-31 of July 2, 1995 (60 F.R. 35827); until October
1, 1995, by Presidential Determination No. 95-36 of August 14, 1995 (60
F.R. 44725); until November 1, 1995, by Presidential Determination No.
95-50 of September 30, 1995 (60 F.R. 53093); until December 31, 1995,
by Presidential Determination No. 96-5 of November 13, 1995 (60 F.R.
57821); until March 31, 1996, by Presidential Determination No. 96-8 of
January 4, 1996 (61 F.R. 2889); until June 15, 1996, by Presidential
Determination No. 96-20 of April 1, 1996 (61 F.R. 26019); until August
12, 1996, by Presidential Determination No. 96-32 of June 14, 1996 (61
F.R. 32629); until February 12, 1997, by Presidential Determination No.
96-41 of August 12, 1996 (61 F.R. 43137); and until August 12, 1997, by
Presidential Determination No. 97-17 of February 21, 1997 (62 F.R.
9903).
On December 5, 1997, the President waived the provisions of 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; 70 F.R. 21611); and through April 14, 2006 (Presidential
Determination No. 2006-01; October 14, 2005; 70 F.R. 62225).
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(2) Period of Application of Waiver.--Any waiver pursuant
to paragraph (1) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(e) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, the United States Agency for International Development may
provide an exception to the fair opportunity process for
placing task orders under such contracts when the order is
placed with any category of small or small disadvantaged
business.
(f) Vietnamese Refugees.--Section 594(a) of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (enacted as division D of Public Law
108-447; 118 Stat. 3038) is amended by striking ``and 2005''
and inserting ``through 2007''.
(g) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(h) World Food Program.--Of the funds managed by the Bureau
for Democracy, Conflict, and Humanitarian Assistance of the
United States Agency for International Development, from this
or any other Act, not less than $10,000,000 shall be made
available as a general contribution to the World Food Program,
notwithstanding any other provision of law.
(i) University Programs.--Notwithstanding any other
provision of law, of the funds appropriated under the heading
``Development Assistance'' in this Act, up to $5,000,000 shall
be made available to American educational institutions for
programs and activities in the People's Republic of China
relating to the environment, democracy, and the rule of law:
Provided, That funds made available pursuant to this authority
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(j) Extension of Authority.--
(1) With respect to funds appropriated by this Act
that are available for assistance for Pakistan, the
President may waive the prohibition on assistance
contained in section 508 of this Act subject to the
requirements contained in section 1(b) of Public Law
107-57, as amended, for a determination and
certification, and consultation, by the President prior
to the exercise of such waiver authority.
(2) Section 512 of this Act and section 620(q) of the
Foreign Assistance Act of 1961 shall not apply with
respect to assistance for Pakistan from funds
appropriated by this Act.
(3) Notwithstanding the date contained in section 6
of Public Law 107-57, as amended, the provisions of
sections 2 and 4 of that Act shall remain in effect
through the current fiscal year.
(k) \74\ * * * [Repealed--2007]
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\74\ Sec. 2021 of the 9/11 Commission International Implementation
Act of 2007 (title XX of Public Law 110-53; 121 Stat. 513) authorized
the Secretary of State ``to designate an appropriate private, nonprofit
organization that is organized or incorporated under the laws of the
United States or of a State as the Middle East Foundation''; for text,
see Legislation on Foreign Relations Through 2008, vol. II-A.
Sec. 2021(j) of that Act repealed subsec. (k), which, as amended by
Public Law 110-28, had provided as follows:
``(k) Middle East Foundation.--Of the funds appropriated by this
Act under the heading `Economic Support Fund' that are available for
the Middle East Partnership Initiative, up to $35,000,000 may be made
available, including as an endowment, notwithstanding any other
provision of law and following consultations with the Committees on
Appropriations, to establish and operate a Middle East Foundation, or
any other similar entity, whose purpose is to support democracy,
governance, human rights, and the rule of law in the Middle East
region: Provided, That such funds may be made available to the
Foundation only to the extent that the Foundation has commitments from
sources other than the United States Government to at least match the
funds provided under the authority of this subsection: Provided
further, That provisions contained in section 201 of the Support for
East European Democracy (SEED) Act of 1989 (excluding the
authorizations of appropriations provided in subsection (b) of that
section and the requirement that a majority of the members of the board
of directors be United States citizens provided in subsection (d)(3)(B)
of that section) shall be deemed to apply to any such foundation or
similar entity referred to under this subsection, and to funds made
available to such entity, in order to enable it to provide assistance
for purposes of this section: Provided further, That prior to the
initial obligation of funds for any such foundation or similar entity
pursuant to the authorities of this subsection, other than for
administrative support, the Secretary of State shall take steps to
ensure, on an ongoing basis, that any such funds made available
pursuant to such authorities are not provided to or through any
individual or group that the management of the foundation or similar
entity knows or has reason to believe, advocates, plans, sponsors, or
otherwise engages in terrorist activities: Provided further, That
section 530 of this Act shall apply to any such foundation or similar
entity established pursuant to this subsection: Provided further, That
the authority of the Foundation, or any similar entity, to provide
assistance shall cease to be effective on September 30, 2010.''.
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(l) Extension of Authority.--(1) Section 21(h)(1)(A) of the
Arms Export Control Act (22 U.S.C. 2761(h)(1)(A)) is amended by
inserting after ``North Atlantic Treaty Organization'' the
following: ``or the Governments of Australia, New Zealand,
Japan, or Israel''.
(2) Section 21(h)(2) of the Arms Export Control Act
(22 U.S.C. 2761(h)(2)) is amended by striking ``or to
any member government that Organization if that
Organization or member government'' and inserting the
following: ``, to any member of that Organization, or
to the Governments of Australia, New Zealand, Japan, or
Israel if that Organization, member government, or the
Governments of Australia, New Zealand, Japan, or
Israel''.
(3) Section 541 of the Foreign Assistance Act of 1961
(22 U.S.C. 2347) is amended--
(A) in the first sentence, by striking ``The
President'' and inserting ``(a) The
President''; and
(B) by adding at the end the following new
subsection:
``(b) The President shall seek reimbursement for military
education and training furnished under this chapter from
countries using assistance under section 23 of the Arms Export
Control Act (22 U.S.C. 2763, relating to the Foreign Military
Financing Program) to purchase such military education and
training at a rate comparable to the rate charged to countries
receiving grant assistance for military education and training
under this chapter.''.
(m) \75\ Extension of Authority.--The Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended--
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\75\ Sec. 20412(a) of Public Law 109-289, as amended by Public Law
110-5 (121 Stat. 25), provided, for fiscal year 2007, that
``Notwithstanding any other provision of this division, section 534(m)
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006 (Public Law 109-102) shall not apply to funds
and authorities provided under this division.''. Subsec. (b) of that
section made amendments similar to those in subsec. (m), but to extend
the authorities through 2007.
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(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and
2005'' and inserting ``2005, and 2006''; and
(B) in subsection (e), by striking ``2005''
each place it appears and inserting ``2006'';
and
(2) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``2005'' and inserting
``2006''.
arab league boycott of israel
Sec. 535.\76\ It is the sense of the Congress that--
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\76\ Language pertaining to the Arab League boycott of Israel was
first enacted as sec. 598(b) of the Foreign Assistance Appropriations
Act, 1993.
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(1) the Arab League boycott of Israel, and the
secondary boycott of American firms that have
commercial ties with Israel, is an impediment to peace
in the region and to United States investment and trade
in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of
Israel immediately disbanded;
(3) all Arab League states should normalize relations
with their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott
of Israel and find concrete steps to demonstrate that
opposition by, for example, taking into consideration
the participation of any recipient country in the
boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually
on specific steps being taken by the United States to
encourage Arab League states to normalize their
relations with Israel to bring about the termination of
the Arab League boycott of Israel, including those to
encourage allies and trading partners of the United
States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses
that do comply.
eligibility for assistance
Sec. 536.\77\ (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'':
Provided, That before using the authority of this subsection to
furnish assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of
those committees, including a description of the program to be
assisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That nothing in
this subsection shall be construed to alter any existing
statutory prohibitions against abortion or involuntary
sterilizations contained in this or any other Act.
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\77\ Similar language was first enacted in sec. 562 of the Foreign
Assistance Appropriations Act, 1993.
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(b) Public Law 480.--During fiscal year 2006, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act of
1954: Provided, That none of the funds appropriated to carry
out title I of such Act and made available pursuant to this
subsection may be obligated or expended except as provided
through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized human
rights.
reservations of funds
Sec. 537.\78\ (a) Funds appropriated by this Act which are
earmarked may be reprogrammed for other programs within the
same account notwithstanding the earmark if compliance with the
earmark is made impossible by operation of any provision of
this or any other Act: Provided, That any such reprogramming
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That assistance
that is reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.
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\78\ Language pertaining to the reservation of funds or earmarks
was first enacted in the Foreign Assistance Appropriations Act, 1988,
but has substantially changed since then. Prior to FY 2004, the section
heading read ``earmarks''. Subsec. (b) was first added in the Foreign
Assistance Appropriations Act, 1993.
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(b) In addition to the authority contained in subsection
(a), the original period of availability of funds appropriated
by this Act and administered by the United States Agency for
International Development that are earmarked for particular
programs or activities by this or any other Act shall be
extended for an additional fiscal year if the Administrator of
such agency determines and reports promptly to the Committees
on Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it
unlikely that such earmarked funds can be obligated during the
original period of availability: Provided, That such earmarked
funds that are continued available for an additional fiscal
year shall be obligated only for the purpose of such earmark.
ceilings and earmarks
Sec. 538.\79\ Ceilings and earmarks contained in this Act
shall not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such Act
specifically so directs. Earmarks or minimum funding
requirements contained in any other Act shall not be applicable
to funds appropriated by this Act.
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\79\ First enacted, not including the second sentence, as sec. 538
of the Foreign Assistance Appropriations Act, 1985.
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prohibition on publicity or propaganda
Sec. 539.\80\ No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
within the United States not authorized before the date of the
enactment of this Act by the Congress: Provided, That not to
exceed $25,000 may be made available to carry out the
provisions of section 316 of Public Law 96-533.\81\
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\80\ First enacted, not including proviso, as sec. 102 of the
Mutual Security Appropriations Act, 1958. The proviso, which originally
prohibited any funds from foreign assistance appropriations being made
available to carry out the provisions of sec. 316 of Public Law 96-533,
was added by the Foreign Assistance Appropriations Act, 1996.
See also sec. 109 of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (Public Law 100-204), Legislation on Foreign
Relations Through 2005, vol. II, for related language.
\81\ Sec. 316 of Public Law 96-533 provided the following:
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``world hunger
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``Sec. 316. (a) In order to further the purposes of section 103 of
the Foreign Assistance Act of 1961, the Director of the United States
International Development Cooperation Agency shall encourage the
ongoing work of private and voluntary organizations to deal with world
hunger problems abroad. To this end, the Director shall help facilitate
widespread public discussion, analysis, and review of the issues raised
by the Report of the Presidential Commission on World Hunger of March
1980, especially the issues raised by the Commission's call for
increased public awareness of the political, economic, technical, and
social factors relating to hunger and poverty.
``(b) As a means of carrying out subsection (a), and to ensure the
effectiveness of private and voluntary organizations in dealing with
world hunger abroad, the Director is urged to provide assistance to
private and voluntary organizations engaged in facilitating public
discussion of hunger and other related issues.''.
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prohibition of payments to united nations members
Sec. 540.\82\ None of the funds appropriated or made
available pursuant to this Act for carrying out the Foreign
Assistance Act of 1961, may be used to pay in whole or in part
any assessments, arrearages, or dues of any member of the
United Nations or, from funds appropriated by this Act to carry
out chapter 1 of part I of the Foreign Assistance Act of 1961,
the costs for participation of another country's delegation at
international conferences held under the auspices of
multilateral or international organizations.
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\82\ Language through ``dues of any member of the United Nations''
first enacted as sec. 114 of the Foreign Assistance Appropriations Act,
1964. Text following that point was added in sec. 546 of the Foreign
Assistance Appropriations Act, 2000.
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nongovernmental organizations--documentation
Sec. 541.\83\ None of the funds appropriated or made
available pursuant to this Act shall be available to a
nongovernmental organization which fails to provide upon timely
request any document, file, or record necessary to the auditing
requirements of the United States Agency for International
Development.
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\83\ Similar language was first enacted as sec. 546 of the Foreign
Assistance Appropriations Act, 1986.
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prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
Sec. 542.\84\ (a) None of the funds appropriated or
otherwise made available by this Act may be available to any
foreign government which provides lethal military equipment to
a country the government of which the Secretary of State has
determined is a terrorist government for purposes of section
6(j) of the Export Administration Act of 1979. The prohibition
under this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment. This section applies with respect to
lethal military equipment provided under a contract entered
into after October 1, 1997.
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\84\ Similar language was first enacted as sec. 573 of the Foreign
Assistance Appropriations Act, 1994, which referred to sec. 40(d) of
the Arms Export Control Act in subsec. (a). In FY 1999, the text
referred to that Act ``or any other comparable provision of law''.
Beginning in FY 2002, the text referred instead to sec. 6(j) of the
Export Administration Act of 1979.
See also sec. 620A of the Foreign Assistance Act of 1961 and sec.
40 of the Arms Export Control Act.
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(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to the
national interests of the United States.
(c) Whenever the waiver authority of subsection (b) is
exercised, the President shall submit to the appropriate
congressional committees a report with respect to the
furnishing of such assistance. Any such report shall include a
detailed explanation of the assistance to be provided,
including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States
national interests.
withholding of assistance for parking fines and real property taxes
owed by foreign countries
Sec. 543.\85\ (a) Subject to subsection (c), of the funds
appropriated by this Act that are made available for assistance
for a foreign country, an amount equal to 110 percent of the
total amount of the unpaid fully adjudicated parking fines and
penalties and unpaid property taxes owed by the central
government of such country shall be withheld from obligation
for assistance for the central government of such country until
the Secretary of State submits a certification to the
appropriate congressional committees stating that such parking
fines and penalties and unpaid property taxes are fully paid.
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\85\ Similar language was first enacted as sec. 574 of the Foreign
Assistance Appropriations Act, 1994. References to penalties and fines
owed to New York were added in FY 2001. In FY 2005, the section was
expanded to include unpaid real property taxes. Functions relating to
certifications and reports under this section were delegated to the
Director and Deputy Director of the Office of Foreign Missions in
Department of State Delegation of Authority 272 (February 17, 2004; 69
F.R. 18998).
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(b) Funds withheld from obligation pursuant to subsection
(a) may be made available for other programs or activities
funded by this Act, after consultation with and subject to the
regular notification procedures of the appropriate
congressional committees, provided that no such funds shall be
made available for assistance for the central government of a
foreign country that has not paid the total amount of the fully
adjudicated parking fines and penalties and unpaid property
taxes owed by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d)(1) The Secretary of State may waive the requirements
set forth in subsection (a) with respect to parking fines and
penalties no sooner than 60 days from the date of enactment of
this Act, or at any time with respect to a particular country,
if the Secretary determines that it is in the national
interests of the United States to do so.
(2) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to the unpaid property
taxes if the Secretary of State determines that it is in the
national interests of the United States to do so.
(e) Not later than 6 months after the initial exercise of
the waiver authority in subsection (d), the Secretary of State,
after consultations with the City of New York, shall submit a
report to the Committees on Appropriations describing a
strategy, including a timetable and steps currently being
taken, to collect the parking fines and penalties and unpaid
property taxes and interest owed by nations receiving foreign
assistance under this Act.
(f) In this section:
(1) The term ``appropriate congressional committees''
means the Committee on Appropriations of the Senate and
the Committee on Appropriations of the House of
Representatives.
(2) The term ``fully adjudicated'' includes
circumstances in which the person to whom the vehicle
is registered--
(A)(i) has not responded to the parking
violation summons; or
(ii) has not followed the appropriate
adjudication procedure to challenge the
summons; and
(B) the period of time for payment of or
challenge to the summons has lapsed.
(3) The term ``parking fines and penalties'' means
parking fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997,
through September 30, 2005.
(4) The term ``unpaid property taxes'' means the
amount of unpaid taxes and interest determined to be
owed by a foreign country on real property in the
District of Columbia or New York, New York in a court
order or judgment entered against such country by a
court of the United States or any State or subdivision
thereof.
limitation on assistance for the plo for the west bank and gaza
Sec. 544.\86\ None of the funds appropriated by this Act
may be obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the President
has exercised the authority under section 604(a) of the Middle
East Peace Facilitation Act of 1995 (title VI of Public Law
104-107) or any other legislation to suspend or make
inapplicable section 307 of the Foreign Assistance Act of 1961
and that suspension is still in effect: Provided, That if the
President fails to make the certification under section
604(b)(2) of the Middle East Peace Facilitation Act of 1995 or
to suspend the prohibition under other legislation, funds
appropriated by this Act may not be obligated for assistance
for the Palestine Liberation Organization for the West Bank and
Gaza.
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\86\ Similar language first enacted as sec. 565 of the Foreign
Assistance Appropriations Act, 1995.
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war crimes tribunals drawdown
Sec. 545.\87\ If the President determines that doing so
will contribute to a just resolution of charges regarding
genocide or other violations of international humanitarian law,
the President may direct a drawdown pursuant to section 552(c)
of the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals or
commissions as the Council may establish or authorize to deal
with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of
any determinations otherwise required under section 552(c):
Provided further, That the drawdown made under this section for
any tribunal shall not be construed as an endorsement or
precedent for the establishment of any standing or permanent
international criminal tribunal or court: Provided further,
That funds made available for tribunals other than Yugoslavia,
Rwanda, or the Special Court for Sierra Leone shall be made
available subject to the regular notification procedures of the
Committees on Appropriations.
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\87\ Funding for war crimes tribunals drawdown was first enacted in
sec. 548(e) of the Foreign Assistance Appropriations Act, 1994.
Language enacted in prior years was codified at 22 U.S.C. 2656 note.
The proviso referring to establishment of any standing or permanent
international criminal tribunal or court was added in FY 2003.
Reference to the Special Court for Sierra Leone was added in FY 2004.
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landmines
Sec. 546.\88\ Notwithstanding any other provision of law,
demining equipment available to the United States Agency for
International Development and the Department of State and used
in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a
grant basis in foreign countries, subject to such terms and
conditions as the President may prescribe.
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\88\ Similar language was first enacted as sec. 578 of the Foreign
Assistance Appropriations Act, 1995.
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restrictions concerning the palestinian authority
Sec. 547.\89\ None of the funds appropriated by this Act
may be obligated or expended to create in any part of Jerusalem
a new office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza
and Jericho or any successor Palestinian governing entity
provided for in the Israel-PLO Declaration of Principles:
Provided, That this restriction shall not apply to the
acquisition of additional space for the existing Consulate
General in Jerusalem: Provided further, That meetings between
officers and employees of the United States and officials of
the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United
States Government business with such authority should continue
to take place in locations other than Jerusalem. As has been
true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects
with Palestinians (including those who now occupy positions in
the Palestinian Authority), have social contacts, and have
incidental discussions.
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\89\ Similar language was first enacted as sec. 585 of the Foreign
Assistance Appropriations Act, 1995.
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prohibition of payment of certain expenses
Sec. 548.\90\ None of the funds appropriated or otherwise
made available by this Act under the heading ``International
Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or
under the headings ``Child Survival and Health Programs Fund'',
``Development Assistance'', and ``Economic Support Fund'' may
be obligated or expended to pay for--
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\90\ Similar language was first enacted as sec. 579 of the Foreign
Assistance Appropriations Act, 1995. Reference to Child Survival and
Disease Programs Fund, Development Assistance, and Economic Support
Fund was added in sec. 555 of the Foreign Assistance Appropriations
Act, 2000. Earlier texts included a prohibition on the use of funds for
``food (other than food provided at a military installation) not
provided in conjunction with Informational Program trips where students
do not stay at a military installation''.
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(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including
but not limited to entrance fees at sporting events,
theatrical and musical productions, and amusement
parks.
haiti
Sec. 549.\91\ (a) Of the funds appropriated by this Act,
the following amounts shall be made available for assistance
for Haiti--
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\91\ Language similar to that of subsec. (b) was first enacted as
sec. 582 of the Foreign Assistance Appropriations Act, 1997. Prior to
FY 2001, the section stated eligibility for both Haiti's Coast Guard
and the civilian-led Haitian National Police.
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(1) $20,000,000 from ``Child Survival and Health
Programs Fund'';
(2) $30,000,000 from ``Development Assistance'';
(3) $50,000,000 from ``Economic Support Fund'';
(4) $15,000,000 from ``International Narcotics
Control and Law Enforcement'';
(5) $1,000,000 from ``Foreign Military Financing
Program''; and
(6) $215,000 from ``International Military Education
and Training''.
(b) The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act
(22 U.S.C. 2751 et seq.), for the Coast Guard.
(c) None of the funds made available in this Act under the
heading ``International Narcotics Control and Law Enforcement''
may be used to transfer excess weapons, ammunition or other
lethal property of an agency of the United States Government to
the Government of Haiti for use by the Haitian National Police
until the Secretary of State certifies to the Committees on
Appropriations that: (1) the United Nations Mission in Haiti
(MINUSTAH) has carried out the vetting of the senior levels of
the Haitian National Police and has ensured that those credibly
alleged to have committed serious crimes, including drug
trafficking and human rights violations, have been suspended;
and (2) the Transitional Haitian National Government is
cooperating in a reform and restructuring plan for the Haitian
National Police and the reform of the judicial system as called
for in United Nations Security Council Resolution 1608 adopted
on June 22, 2005.
limitation on assistance for the palestinian authority
Sec. 550.\92\ (a) Prohibition on Assistance.--None of the
funds appropriated by this Act or any prior Act making
appropriations for foreign operations, export financing, and
related programs, may be obligated or expended for assistance
for the Palestinian Authority unless the Secretary of State
determines, and so reports to the Committees on Appropriations,
that the Palestinian Authority has complied with the standards
contained in the Quartet's January 30, 2006 Statement on the
Situation in the Middle East that ``a future Palestinian
government must be committed to nonviolence, recognition of
Israel, and acceptance of previous agreements and obligations,
including the Roadmap''.
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\92\ Sec. 1304(a) of the Emergency Supplemental Appropriations Act
for Defense, the Global War on Terror, and Hurricane Recovery, 2006
(Public Law 109-234; 120 Stat. 435), amended and restated sec. 550. It
previously read as follows:
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``limitation on assistance to the palestinean authority
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``Sec. 550. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian Authority.
``(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives and the President pro tempore of the Senate that
waiving such prohibition is important to the national security
interests of the United States.
``(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
``(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the steps the Palestinian Authority has
taken to arrest terrorists, confiscate weapons and dismantle the
terrorist infrastructure. The report shall also include a description
of how funds will be spent and the accounting procedures in place to
ensure that they are properly disbursed.''.
Sec. 1304(b) of that Act (120 Stat. 436), furthermore, provided
that ``Effective on the date of enactment of this Act, none of the
funds appropriated under the heading `Economic Support Fund' in Public
Law 109-102 (119 Stat. 2217) or any prior Act making appropriations for
foreign operations, export financing and related programs may be
obligated for assistance for the West Bank and Gaza until the Secretary
of State consults with the Committees on Appropriations, submits a
revised plan for such assistance to the Committees on Appropriations,
and determines and reports to the Committees on Appropriations that
appropriate procedures and safeguards exist to ensure that United
States assistance is not provided to or through any individual, private
or government entity, or educational institution, that the Secretary
knows or has reason to believe advocates, plans, sponsors, engages in,
or has engaged in, terrorist activity.''.
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(b) Waiver Authority.--
(1) The President may waive subsection (a) with
respect to the administrative and personal security
costs of the Office of the President of the Palestinian
Authority, for activities of the President of the
Palestinian Authority to promote democracy, peaceful
resolution of the Israeli-Palestinian conflict, and the
rule of law, and with respect to independent agencies,
if the President certifies and reports to the
Committees on Appropriations that--
(A) it is in the national security interest
of the United States to provide such
assistance;
(B) as the case may be, the President of the
Palestinian Authority, the President's party,
and independent agencies and any members
thereof, are not members of, appointed by, or
effectively controlled by Hamas or any other
foreign terrorist organization; and
(C) assistance provided under the authority
of this subsection will not be transferred or
retransferred to any member of Hamas or other
foreign terrorist organization or to any entity
effectively controlled by Hamas or other
foreign terrorist organization.
(2) Not less than 15 days prior to exercising the
authority provided in this subsection, the President
shall consult with, and shall provide a written policy
justification to, the Committees on Appropriations of
the House of Representatives and the Senate and the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations
of the Senate.
(c) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations describing how the
funds will be spent and the accounting procedures in place to
ensure proper oversight and accountability.
limitation on assistance to security forces
Sec. 551.\93\ None of the funds made available by this Act
may be provided to any unit of the security forces of a foreign
country if the Secretary of State has credible evidence that
such unit has committed gross violations of human rights,
unless the Secretary determines and reports to the Committees
on Appropriations that the government of such country is taking
effective measures to bring the responsible members of the
security forces unit to justice: Provided, That nothing in this
section shall be construed to withhold funds made available by
this Act from any unit of the security forces of a foreign
country not credibly alleged to be involved in gross violations
of human rights: Provided further, That in the event that funds
are withheld from any unit pursuant to this section, the
Secretary of State shall promptly inform the foreign government
of the basis for such action and shall, to the maximum extent
practicable, assist the foreign government in taking effective
measures to bring the responsible members of the security
forces to justice.
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\93\ Popularly referred to as the Leahy amendment. Similar language
was first enacted pertaining to appropriations to carry out
international narcotics control programs in title II of the Foreign
Assistance Appropriations Act, 1997.
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foreign military training report
Sec. 552.\94\ The annual foreign military training report
required by section 656 of the Foreign Assistance Act of 1961
shall be submitted by the Secretary of Defense and the
Secretary of State to the Committees on Appropriations of the
House of Representatives and the Senate by the date specified
in that section.
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\94\ Similar requirements were first enacted as sec. 581 of the
Foreign Assistance Appropriations Act, 1998. Stated in permanent law in
1999 at sec. 656 of the Foreign Assistance Act of 1961, as amended by
sec. 1307 of the Arms Control, Nonproliferation, and Security
Assistance Act of 1999.
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authorization requirement
Sec. 553. Funds appropriated by this Act, except funds
appropriated under the headings ``Trade and Development
Agency'', ``Overseas Private Investment Corporation'', and
``Global HIV/AIDS Initiative'', may be obligated and expended
notwithstanding section 10 of Public Law 91-672 and section 15
of the State Department Basic Authorities Act of 1956.
cambodia
Sec. 554.\95\ (a) \96\ (1) None of the funds appropriated
by this Act may be made available for assistance for the
Central Government of Cambodia.
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\95\ Restrictions to assistance for the Central Government of
Cambodia were first enacted as sec. 573 of the Foreign Assistance
Appropriations Act, 1998. The subsections have changed substantially in
each fiscal year.
\96\ Sec. 20409 of Public Law 109-289, as amended by Public Law
110-5 (121 Stat. 25), provided, for fiscal year 2007, that
``Notwithstanding any other provision of this division, the following
provisions in the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2006 (Public Law 109-102) shall not apply
to funds appropriated by this division: * * * subsections (a) and (c)
of section 554 * * *''.
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(2) Paragraph (1) shall not apply to assistance for basic
education, reproductive and maternal and child health, cultural
and historic preservation, programs for the prevention,
treatment, and control of, and research on, HIV/AIDS,
tuberculosis, malaria, polio and other infectious diseases,
development and implementation of legislation and
implementation of procedures on inter-country adoptions
consistent with international standards, rule of law programs,
counternarcotics programs, programs to combat human trafficking
that are provided through nongovernmental organizations, anti-
corruption programs, and for the Ministry of Women and Veterans
Affairs to combat human trafficking.
(b) Notwithstanding any provision of this or any other Act,
of the funds appropriated by this Act under the heading
``Economic Support Fund'', $15,000,000 shall be made available
for activities to support democracy, the rule of law, and human
rights, including assistance for democratic political parties
in Cambodia.
(c) \96\ Funds appropriated by this Act to carry out
provisions of section 541 of the Foreign Assistance Act of 1961
may be made available notwithstanding subsection (a).
palestinian statehood
Sec. 555.\97\ (a) Limitation on Assistance.--None of the
funds appropriated by this Act may be provided to support a
Palestinian state unless the Secretary of State determines and
certifies to the appropriate congressional committees that--
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\97\ Similar language first enacted as sec. 563 of the Foreign
Assistance Appropriations Act, 2003.
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(1) a new leadership of a Palestinian governing
entity has been democratically elected through credible
and competitive elections;
(2) the elected governing entity of a new Palestinian
state--
(A) has demonstrated a firm commitment to
peaceful co-existence with the State of Israel;
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West
Bank and Gaza, including the dismantling of
terrorist infrastructures;
(C) is establishing a new Palestinian
security entity that is cooperative with
appropriate Israeli and other appropriate
security organizations; and
(3) the Palestinian Authority (or the governing body
of a new Palestinian state) is working with other
countries in the region to vigorously pursue efforts to
establish a just, lasting, and comprehensive peace in
the Middle East that will enable Israel and an
independent Palestinian state to exist within the
context of full and normal relationships, which should
include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of the
sovereignty, territorial integrity, and
political independence of every state in the
area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within
secure and recognized boundaries free from
threats or acts of force;
(D) freedom of navigation through
international waterways in the area; and
(E) a framework for achieving a just
settlement of the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the newly-elected governing entity should enact a constitution
assuring the rule of law, an independent judiciary, and respect
for human rights for its citizens, and should enact other laws
and regulations assuring transparent and accountable
governance.
(c) Waiver.--The President may waive subsection (a) if he
determines that it is vital to the national security interests
of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or a newly-elected
governing entity, in order to help meet the requirements of
subsection (a), consistent with the provisions of section 550
of this Act (``Limitation on Assistance to the Palestinian
Authority'').
colombia
Sec. 556.\98\ (a) Determination and Certification
Required.--Funds appropriated by this Act that are available
for assistance for the Colombian Armed Forces, may be made
available as follows:
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\98\ Similar language first enacted as sec. 567 of the Foreign
Assistance Appropriations Act, 2002. Sec. 556(a)(2)(F), relating to
property rights of indigenous communities, was added in FY 2006.
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(1) Up to 75 percent of such funds may be obligated
prior to a determination and certification by the
Secretary of State pursuant to paragraph (2).
(2) Up to 12.5 percent of such funds may be obligated
only after the Secretary of State certifies and reports
to the appropriate congressional committees that:
(A) The Commander General of the Colombian
Armed Forces is suspending from the Armed
Forces those members, of whatever rank who,
according to the Minister of Defense or the
Procuraduria General de la Nacion, have been
credibly alleged to have committed gross
violations of human rights, including extra-
judicial killings, or to have aided or abetted
paramilitary organizations.
(B) The Colombian Government is vigorously
investigating and prosecuting those members of
the Colombian Armed Forces, of whatever rank,
who have been credibly alleged to have
committed gross violations of human rights,
including extra-judicial killings, or to have
aided or abetted paramilitary organizations,
and is promptly punishing those members of the
Colombian Armed Forces found to have committed
such violations of human rights or to have
aided or abetted paramilitary organizations.
(C) The Colombian Armed Forces have made
substantial progress in cooperating with
civilian prosecutors and judicial authorities
in such cases (including providing requested
information, such as the identity of persons
suspended from the Armed Forces and the nature
and cause of the suspension, and access to
witnesses, relevant military documents, and
other requested information).
(D) The Colombian Armed Forces have made
substantial progress in severing links
(including denying access to military
intelligence, vehicles, and other equipment or
supplies, and ceasing other forms of active or
tacit cooperation) at the command, battalion,
and brigade levels, with paramilitary
organizations, especially in regions where
these organizations have a significant
presence.
(E) The Colombian Government is dismantling
paramilitary leadership and financial networks
by arresting commanders and financial backers,
especially in regions where these networks have
a significant presence.
(F) The Colombian Government is taking
effective steps to ensure that the Colombian
Armed Forces are not violating the land and
property rights of Colombia's indigenous
communities.
(3) The balance of such funds may be obligated after
July 31, 2006, if the Secretary of State certifies and
reports to the appropriate congressional committees,
after such date, that the Colombian Armed Forces are
continuing to meet the conditions contained in
paragraph (2) and are conducting vigorous operations to
restore government authority and respect for human
rights in areas under the effective control of
paramilitary and guerrilla organizations.
(b) Congressional Notification.--Funds made available by
this Act for the Colombian Armed Forces shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(c) Consultative Process.--Not later than 60 days after the
date of enactment of this Act, and every 90 days thereafter
until September 30, 2007, the Secretary of State shall consult
with internationally recognized human rights organizations
regarding progress in meeting the conditions contained in
subsection (a).
(d) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or abetted''
means to provide any support to paramilitary groups,
including taking actions which allow, facilitate, or
otherwise foster the activities of such groups.
(2) Paramilitary groups.--The term ``paramilitary
groups'' means illegal self-defense groups and illegal
security cooperatives.
illegal armed groups
Sec. 557.\99\ (a) Denial of Visas to Supporters of
Colombian Illegal Armed Groups.--Subject to subsection (b), the
Secretary of State shall not issue a visa to any alien who the
Secretary determines, based on credible evidence--
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\99\ First enacted as sec. 568 of the Foreign Assistance
Appropriations Act, 2002.
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(1) has willfully provided any support to the
Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN), or the United Self-
Defense Forces of Colombia (AUC), including taking
actions or failing to take actions which allow,
facilitate, or otherwise foster the activities of such
groups; or
(2) has committed, ordered, incited, assisted, or
otherwise participated in the commission of gross
violations of human rights, including extra-judicial
killings, in Colombia.
(b) Waiver.--Subsection (a) shall not apply if the
Secretary of State determines and certifies to the appropriate
congressional committees, on a case-by-case basis, that the
issuance of a visa to the alien is necessary to support the
peace process in Colombia or for urgent humanitarian reasons.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 558.\100\ None of the funds appropriated or otherwise
made available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
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\100\ First enacted as sec. 584 of the Foreign Assistance
Appropriations Act, 1999.
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west bank and gaza program
Sec. 559.\101\ (a) Oversight.--For fiscal year 2006, 30
days prior to the initial obligation of funds for the bilateral
West Bank and Gaza Program, the Secretary of State shall
certify to the appropriate committees of Congress that
procedures have been established to assure the Comptroller
General of the United States will have access to appropriate
United States financial information in order to review the uses
of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
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\101\ Language similar to that in subsec. (a) was first enacted as
sec. 587 of the Foreign Assistance Appropriations Act, 2000. Language
similar to that in subsecs. (b) and (d) were first enacted in sec. 568
of the Foreign Assistance Appropriations Act, 2003. Subsec. (c) was
added in FY 2005. Subsec. (e) was added to the FY 2005 Act by
amendment. Subsec. (f) is new in FY 2006. It refers to sec. 2106 Public
Law 109-13, which provides the following:
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``reporting requirement
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``Sec. 2106. Not later than 60 days after the date of enactment of
this Act, the President shall submit a report to the Congress
detailing: (1) information regarding the Palestinian security services,
including their numbers, accountability, and chains of command, and
steps taken to purge from their ranks individuals with ties to
terrorist entities; (2) specific steps taken by the Palestinian
Authority to dismantle the terrorist infrastructure, confiscate
unauthorized weapons, arrest and bring terrorists to justice, destroy
unauthorized arms factories, thwart and preempt terrorist attacks, and
cooperate with Israel's security services; (3) specific actions taken
by the Palestinian Authority to stop incitement in Palestinian
Authority-controlled electronic and print media and in schools,
mosques, and other institutions it controls, and to promote peace and
coexistence with Israel; (4) specific steps the Palestinian Authority
has taken to further democracy, the rule of law, and an independent
judiciary, and transparent and accountable governance; (5) the
Palestinian Authority's cooperation with United States officials in
investigations into the late Palestinian leader Yasser Arafat's
finances; and (6) the amount of assistance pledged and actually
provided to the Palestinian Authority by other donors: Provided, That
not later than 180 days after enactment of this Act, the President
shall submit to the Congress an update of this report: Provided
further, That up to $5,000,000 of the funds made available for
assistance for the West Bank and Gaza by this chapter under `Economic
Support Fund' shall be used for an outside, independent evaluation by
an internationally recognized accounting firm of the transparency and
accountability of Palestinian Authority accounting procedures and an
audit of expenditures by the Palestinian Authority.''.
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(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such assistance
is not provided to or through any individual, private or
government entity, or educational institution that the
Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity.
The Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out
this subsection and shall terminate assistance to any
individual, entity, or educational institution which he has
determined to be involved in or advocating terrorist activity.
(c) Prohibition.--None of the funds appropriated by this
Act for assistance under the West Bank and Gaza program may be
made available for the purpose of recognizing or otherwise
honoring individuals who commit, or have committed, acts of
terrorism.
(d) Audits.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or
non-Federal audits of all contractors and grantees, and
significant subcontractors and subgrantees, under the
West Bank and Gaza Program, are conducted at least on
an annual basis to ensure, among other things,
compliance with this section.
(2) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'' that are made
available for assistance for the West Bank and Gaza, up
to $1,000,000 may be used by the Office of the
Inspector General of the United States Agency for
International Development for audits, inspections, and
other activities in furtherance of the requirements of
this subsection. Such funds are in addition to funds
otherwise available for such purposes.
(e) Subsequent to the certification specified in subsection
(a), the Comptroller General of the United States shall conduct
an audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza Program
in fiscal year 2006 under the heading ``Economic Support
Fund''. The audit shall address--
(1) the extent to which such Program complies with
the requirements of subsections (b) and (c), and
(2) an examination of all programs, projects, and
activities carried out under such Program, including
both obligations and expenditures.
(f) Not later than 180 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees
on Appropriations updating the report contained in section 2106
of chapter 2 of title II of Public Law 109-13.
contributions to united nations population fund
Sec. 560. (a) Limitations on Amount of Contribution.--Of
the amounts made available under ``International Organizations
and Programs'' and ``Child Survival and Health Programs Fund''
for fiscal year 2006, $34,000,000 shall be made available for
the United Nations Population Fund (hereafter in this section
referred to as the ``UNFPA''): Provided, That of this amount,
not less than $22,500,000 shall be derived from funds
appropriated under the heading ``International Organizations
and Programs''.
(b) Availability of Funds.--Funds appropriated under the
heading ``International Organizations and Programs'' in this
Act that are available for UNFPA, that are not made available
for UNFPA because of the operation of any provision of law,
shall be transferred to ``Child Survival and Health Programs
Fund'' and shall be made available for family planning,
maternal, and reproductive health activities, subject to the
regular notification procedures of the Committees on
Appropriations.
(c) Prohibition on Use of Funds in China.--None of the
funds made available under ``International Organizations and
Programs'' may be made available for the UNFPA for a country
program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Amounts made
available under ``International Organizations and Programs''
for fiscal year 2006 for the UNFPA may not be made available to
UNFPA unless--
(1) the UNFPA maintains amounts made available to the
UNFPA under this section in an account separate from
other accounts of the UNFPA;
(2) the UNFPA does not commingle amounts made
available to the UNFPA under this section with other
sums; and
(3) the UNFPA does not fund abortions.
war criminals
Sec. 561.\102\ (a)(1) None of the funds appropriated or
otherwise made available pursuant to this Act may be made
available for assistance, and the Secretary of the Treasury
shall instruct the United States executive directors to the
international financial institutions to vote against any new
project involving the extension by such institutions of any
financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as
determined by the Secretary of State, to take necessary and
significant steps to implement its international legal
obligations to apprehend and transfer to the International
Criminal Tribunal for the former Yugoslavia (the ``Tribunal'')
all persons in their territory who have been indicted by the
Tribunal and to otherwise cooperate with the Tribunal.
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\102\ Popularly referred to as the Lautenberg amendment. For
earliest version of this section, see sec. 573 of the Foreign
Assistance Appropriations Act, 1998.
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(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such
country, entity, or municipality are--
(1) cooperating with the Tribunal, including access
for investigators to archives and witnesses, the
provision of documents, and the surrender and transfer
of indictees or assistance in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an
international financial institution regarding the extension of
any new project involving financial or technical assistance or
grants to any country or entity described in subsection (a),
the Secretary of the Treasury, in consultation with the
Secretary of State, shall provide to the Committees on
Appropriations a written justification for the proposed
assistance, including an explanation of the United States
position regarding any such vote, as well as a description of
the location of the proposed assistance by municipality, its
purpose, and its intended beneficiaries.
(d) In carrying out this section, the Secretary of State,
the Administrator of the United States Agency for International
Development, and the Secretary of the Treasury shall consult
with representatives of human rights organizations and all
government agencies with relevant information to help prevent
indicted war criminals from benefiting from any financial or
technical assistance or grants provided to any country or
entity described in subsection (a).
(e) The Secretary of State may waive the application of
subsection (a) with respect to projects within a country,
entity, or municipality upon a written determination to the
Committees on Appropriations that such assistance directly
supports the implementation of the Dayton Accords.
(f) Definitions.--As used in this section:
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the
Federation of Bosnia and Herzegovina, Kosovo,
Montenegro and the Republika Srpska.
(3) Municipality.--The term ``municipality'' means a
city, town or other subdivision within a country or
entity as defined herein.
(4) Dayton accords.--The term ``Dayton Accords''
means the General Framework Agreement for Peace in
Bosnia and Herzegovina, together with annexes relating
thereto, done at Dayton, November 10 through 16, 1995.
user fees
Sec. 562.\103\ The Secretary of the Treasury shall instruct
the United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act) and the International
Monetary Fund to oppose any loan, grant, strategy or policy of
these institutions that would require user fees or service
charges on poor people for primary education or primary
healthcare, including prevention and treatment efforts for HIV/
AIDS, malaria, tuberculosis, and infant, child, and maternal
well-being, in connection with the institutions' financing
programs.
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\103\ Similar language first enacted as sec. 596 of the Foreign
Assistance Appropriations Act, 2001.
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funding for serbia
Sec. 563. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia
after May 31, 2006, if the President has made the determination
and certification contained in subsection (c).
(b) After May 31, 2006, the Secretary of the Treasury
should instruct the United States executive directors to the
international financial institutions to support loans and
assistance to the Government of Serbia and Montenegro subject
to the conditions in subsection (c): Provided, That section 576
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997, as amended,\104\ shall not
apply to the provision of loans and assistance to the
Government of Serbia and Montenegro through international
financial institutions.
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\104\ Sec. 576 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997 (Public Law 104-208), as
amended, provided the following:
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``transparency of budgets
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``Sec. 576. (a) Limitation.--Beginning three years after the date
of the enactment of this Act, the Secretary of the Treasury shall
instruct the United States Executive Director of each international
financial institution to use the voice and vote of the United States to
oppose any loan or other utilization of the funds of their respective
institution, other than to address basic human needs, for the
government of any country which the Secretary of the Treasury
determines--
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``(1) does not have in place a functioning system for reporting to
civilian authorities audits of receipts and expenditures that fund
activities of the armed forces and security forces;
``(2) has not provided to the institution information about the audit
process requested by the institution.
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``(b) Definition.--For purposes of this section, the term
`international financial institution' shall include the institutions
identified in section 532(b) of this Act.''.
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(c) The determination and certification referred to in
subsection (a) is a determination by the President and a
certification to the Committees on Appropriations that the
Government of Serbia and Montenegro is--
(1) cooperating with the International Criminal
Tribunal for the former Yugoslavia including access for
investigators, the provision of documents, and the
surrender and transfer of indictees or assistance in
their apprehension, including Ratko Mladic and Radovan
Karadzic, unless the Secretary of State determines and
reports to the Committees on Appropriations that these
individuals are no longer residing in Serbia;
(2) taking steps that are consistent with the Dayton
Accords to end Serbian financial, political, security
and other support which has served to maintain separate
Republika Srpska institutions; and
(3) taking steps to implement policies which reflect
a respect for minority rights and the rule of law.
(d) This section shall not apply to Montenegro, Kosovo,
humanitarian assistance or assistance to promote democracy.
community-based police assistance
Sec. 564.\105\ (a) Authority.--Funds made available by this
Act to carry out the provisions of chapter 1 of part I and
chapter 4 of part II of the Foreign Assistance Act of 1961, may
be used, notwithstanding section 660 of that Act, to enhance
the effectiveness and accountability of civilian police
authority through training and technical assistance in human
rights, the rule of law, strategic planning, and through
assistance to foster civilian police roles that support
democratic governance including assistance for programs to
prevent conflict, respond to disasters, address gender-based
violence, and foster improved police relations with the
communities they serve.
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\105\ 22 U.S.C. 2151 note. A section relating to community-based
police assistance was first enacted as sec. 582 of the Foreign
Assistance Appropriations Act, 2002.
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(b) Notification.--Assistance provided under subsection (a)
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
special debt relief for the poorest
Sec. 565.\106\ (a) Authority To Reduce Debt.--The President
may reduce amounts owed to the United States (or any agency of
the United States) by an eligible country as a result of--
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\106\ Similar language, except subsec. (a)(3), which was added by
sec. 559 of the Foreign Assistance Appropriations Act, 1999, was first
enacted as sec. 570(a) of the Foreign Assistance Appropriations Act,
1994. Subsec. (b) of that section also amended the Export-Import Bank
Act of 1945 to authorize debt relief for the poorest, most heavily
indebted nations. See Legislation on Foreign Relations Through 2005,
vol. III.
In a memorandum of July 8, 1996, the President delegated to the
Secretary of the Treasury, in consultation with the Secretaries of
State and Defense, the functions, authorities, and duties conferred on
the President by sec. 570(a) of this Act, sec. 561(a) of Public Law
103-306, and any similar subsequent provision of law (61 F.R. 38563).
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(1) guarantees issued under sections 221 and 222 of
the Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the
Arms Export Control Act; or
(3) any obligation or portion of such obligation, to
pay for purchases of United States agricultural
commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs
authorized pursuant to section 5(f) of the Commodity
Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of
the Agricultural Trade Act of 1978, as amended (Public
Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt
relief and referendum agreements, commonly referred to
as ``Paris Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy
debt burdens that are eligible to borrow from the
International Development Association, but not from the
International Bank for Reconstruction and Development,
commonly referred to as ``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international
narcotics control matters;
(4) (including its military or other security forces)
does not engage in a consistent pattern of gross
violations of internationally recognized human rights;
and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to the funds
appropriated by this Act under the heading ``Debt
Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for the purposes of any provision of law limiting assistance to
a country. The authority provided by subsection (a) may be
exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 or section 321 of the International
Development and Food Assistance Act of 1975.
authority to engage in debt buybacks or sales
Sec. 566.\107\ (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
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\107\ Similar language was first enacted as sec. 571 of the Foreign
Assistance Appropriations Act, 1996. No such section was included in
the FY 2003 Act, however.
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(1) Authority to sell, reduce, or cancel certain
loans.--Notwithstanding any other provision of law, the
President may, in accordance with this section, sell to
any eligible purchaser any concessional loan or portion
thereof made before January 1, 1995, pursuant to the
Foreign Assistance Act of 1961, to the government of
any eligible country as defined in section 702(6) of
that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion
thereof, only for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of
its own qualified debt, only if the eligible
country uses an additional amount of the local
currency of the eligible country, equal to not
less than 40 percent of the price paid for such
debt by such eligible country, or the
difference between the price paid for such debt
and the face value of such debt, to support
activities that link conservation and
sustainable use of natural resources with local
community development, and child survival and
other child development, in a manner consistent
with sections 707 through 710 of the Foreign
Assistance Act of 1961, if the sale, reduction,
or cancellation would not contravene any term
or condition of any prior agreement relating to
such loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance
with this section, establish the terms and conditions
under which loans may be sold, reduced, or canceled
pursuant to this section.
(3) Administration.--The Facility, as defined in
section 702(8) of the Foreign Assistance Act of 1961,
shall notify the administrator of the agency primarily
responsible for administering part I of the Foreign
Assistance Act of 1961 of purchasers that the President
has determined to be eligible, and shall direct such
agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such
agency shall make adjustment in its accounts to reflect
the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection
shall be available only to the extent that
appropriations for the cost of the modification, as
defined in section 502 of the Congressional Budget Act
of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the President
should consult with the country concerning the amount of loans
to be sold, reduced, or canceled and their uses for debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature
swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
basic education
Sec. 567. Of the funds appropriated by title II of this
Act, not less than $465,000,000 shall be made available for
basic education, of which not less than $250,000 shall be
provided to the Comptroller General of the United States to
prepare an analysis of United States funded international basic
education programs, which should be submitted to the Committees
on Appropriations by May 1, 2006.
reconciliation programs
Sec. 568.\108\ Of the funds appropriated under the heading
``Economic Support Fund'', not less than $15,000,000 should be
made available to support reconciliation programs and
activities which bring together individuals of different
ethnic, religious, and political backgrounds from areas of
civil conflict and war.
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\108\ Similar language first enacted as sec. 585 of the Foreign
Assistance Appropriations Act, 2004, though in each of FY 2004 and FY
2005 the section read ``shall be made available''.
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sudan
Sec. 569.\109\ (a) Availability of Funds.--Of the funds
appropriated under the heading ``Development Assistance'' up to
$70,000,000 may be made available for assistance for Sudan, of
which not to exceed $6,000,000 may be made available for
administrative expenses of the United States Agency for
International Development associated with assistance programs
for Sudan.
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\109\ Similar language was first enacted as sec. 569 of the Foreign
Assistance Appropriations Act, 2005.
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(b) Limitation on Assistance.--Subject to subsection (c):
(1) Notwithstanding section 501(a) of the
International Malaria Control Act of 2000 (Public Law
106-570) or any other provision of law, none of the
funds appropriated by this Act may be made available
for assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may be
made available for the cost, as defined in section 502,
of the Congressional Budget Act of 1974, of modifying
loans and loan guarantees held by the Government of
Sudan, including the cost of selling, reducing, or
canceling amounts owed to the United States, and
modifying concessional loans, guarantees, and credit
agreements.
(c) Subsection (b) shall not apply if the Secretary of
State determines and certifies to the Committees on
Appropriations that--
(1) the Government of Sudan has taken significant
steps to disarm and disband government-supported
militia groups in the Darfur region;
(2) the Government of Sudan and all government-
supported militia groups are honoring their commitments
made in the cease-fire agreement of April 8, 2004; and
(3) the Government of Sudan is allowing unimpeded
access to Darfur to humanitarian aid organizations, the
human rights investigation and humanitarian teams of
the United Nations, including protection officers, and
an international monitoring team that is based in
Darfur and that has the support of the United States.
(d) Exceptions.--The provisions of subsection (b) shall not
apply to--
(1) humanitarian assistance;
(2) assistance for Darfur and for areas outside the
control of the Government of Sudan; and
(3) assistance to support implementation of the
Comprehensive Peace Agreement.
(e) Definitions.--For the purposes of this Act and section
501 of Public Law 106-570, the terms ``Government of Sudan'',
``areas outside of control of the Government of Sudan'', and
``area in Sudan outside of control of the Government of Sudan''
shall have the same meaning and application as was the case
immediately prior to June 5, 2004, and, Southern Kordofan/Nuba
Mountains State, Blue Nile State and Abyei shall be deemed
``areas outside of control of the Government of Sudan''.
trade capacity building
Sec. 570.\110\ Of the funds appropriated by this Act, under
the headings ``Trade and Development Agency'', ``Development
Assistance'', ``Transition Initiatives'', ``Economic Support
Fund'', ``International Affairs Technical Assistance'', and
``International Organizations and Programs'', not less than
$522,000,000 should be made available for trade capacity
building assistance: Provided, That $20,000,000 of the funds
appropriated in this Act under the heading ``Economic Support
Fund'' shall be made available for labor and environmental
capacity building activities relating to the free trade
agreement with the countries of Central America and the
Dominican Republic.
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\110\ Language similar to that preceding the proviso was first
enacted as sec. 584 of the Foreign Assistance Appropriations Act, 2003.
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excess defense articles for central and south european countries and
certain other countries
Sec. 571.\111\ Notwithstanding section 516(e) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during
fiscal year 2006, funds available to the Department of Defense
may be expended for crating, packing, handling, and
transportation of excess defense articles transferred under the
authority of section 516 of such Act to Albania, Afghanistan,
Bulgaria, Croatia, Estonia, Former Yugoslavian Republic of
Macedonia, Georgia, India, Iraq, Kazakhstan, Kyrgyzstan,
Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania,
Slovakia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
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\111\ Similar language was first enacted as sec. 571 of the Foreign
Assistance Appropriations Act, 2005.
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zimbabwe
Sec. 572.\112\ The Secretary of the Treasury shall instruct
the United States executive director to each international
financial institution to vote against any extension by the
respective institution of any loans to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule of
law has been restored in Zimbabwe, including respect for
ownership and title to property, freedom of speech and
association.
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\112\ 22 U.S.C. 2151 note. First enacted as sec. 560 of the Foreign
Assistance Appropriations Act, 2002.
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gender-based violence
Sec. 573. Programs funded under titles II and III of this
Act that provide training for foreign police, judicial, and
military officials, shall include, where appropriate, programs
and activities that address gender-based violence.
limitation on economic support fund assistance for certain foreign
governments that are parties to the international criminal court
Sec. 574.\113\ (a) None of the funds made available in this
Act in title II under the heading ``Economic Support Fund'' may
be used to provide assistance to the government of a country
that is a party to the International Criminal Court and has not
entered into an agreement with the United States pursuant to
Article 98 of the Rome Statute preventing the International
Criminal Court from proceeding against United States personnel
present in such country.
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\113\ Language related to foreign aid and the International
Criminal Court was first enacted as sec. 574 of the Foreign Assistance
Appropriations Act, 2005; that section authorized the President to
waive the prohibitions in subsecs. (b) and (c) ``without prior notice
to Congress''.
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(b) The President may, with prior notice to Congress, waive
the prohibition of subsection (a) with respect to a North
Atlantic Treaty Organization (``NATO'') member country, a major
non-NATO ally (including Australia, Egypt, Israel, Japan,
Jordan, Argentina, the Republic of Korea, and New Zealand),
Taiwan, or such other country as he may determine if he
determines and reports to the appropriate congressional
committees that it is important to the national interests of
the United States to waive such prohibition.
(c) The President may, with prior notice to Congress, waive
the prohibition of subsection (a) with respect to a particular
country if he determines and reports to the appropriate
congressional committees that such country has entered into an
agreement with the United States pursuant to Article 98 of the
Rome Statute preventing the International Criminal Court from
proceeding against United States personnel present in such
country.
(d) The prohibition of this section shall not apply to
countries otherwise eligible for assistance under the
Millennium Challenge Act of 2003, notwithstanding section
606(a)(2)(B) of such Act.
(e) Funds appropriated for fiscal year 2005 under the
heading ``Economic Support Fund'' may be made available for
democracy and rule of law programs and activities,
notwithstanding the provisions of section 574 of division D of
Public Law 108-447.
tibet
Sec. 575.\114\ (a) The Secretary of the Treasury should
instruct the United States executive director to each
international financial institution to use the voice and vote
of the United States to support projects in Tibet if such
projects do not provide incentives for the migration and
settlement of non-Tibetans into Tibet or facilitate the
transfer of ownership of Tibetan land and natural resources to
non-Tibetans; are based on a thorough needs-assessment; foster
self-sufficiency of the Tibetan people and respect Tibetan
culture and traditions; and are subject to effective
monitoring.
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\114\ Similar language was first enacted as sec. 558 of the Foreign
Assistance Appropriations Act, 2004.
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(b) Notwithstanding any other provision of law, not less
than $4,000,000 of the funds appropriated by this Act under the
heading ``Economic Support Fund'' should be made available to
nongovernmental organizations to support activities which
preserve cultural traditions and promote sustainable
development and environmental conservation in Tibetan
communities in the Tibetan Autonomous Region and in other
Tibetan communities in China, and not less than $250,000 should
be made available to the National Endowment for Democracy for
human rights and democracy programs relating to Tibet.
central america
Sec. 576.\115\ (a) Of the funds appropriated by this Act
under the headings ``Child Survival and Health Programs Fund''
and ``Development Assistance'', not less than the amount of
funds initially allocated pursuant to section 653(a) of the
Foreign Assistance Act of 1961 for fiscal year 2005 should be
made available for El Salvador, Guatemala, Nicaragua and
Honduras.
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\115\ Language identical to subsec. (a) was enacted as sec. 584(a)
of the Foreign Assistance Appropriations Act, 2005.
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(b) In addition to the amounts requested under the heading
``Economic Support Fund'' for assistance for Nicaragua and
Guatemala in fiscal year 2006, not less than $1,500,000 should
be made available for electoral assistance, media and civil
society programs, and activities to combat corruption and
strengthen democracy in Nicaragua, and not less than $1,500,000
should be made available for programs and activities to combat
organized crime, crimes of violence specifically targeting
women, and corruption in Guatemala.
(c) Funds made available pursuant to subsection (b) shall
be subject to prior consultation with the Committees on
Appropriations.
united states agency for international development management
(including transfer of funds)
Sec. 577.\116\ (a) Authority.--Up to $75,000,000 of the
funds made available in this Act to carry out the provisions of
part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Eastern Europe
and the Baltic States'', may be used by the United States
Agency for International Development (USAID) to hire and employ
individuals in the United States and overseas on a limited
appointment basis pursuant to the authority of sections 308 and
309 of the Foreign Service Act of 1980.
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\116\ 22 U.S.C. 3948 note.
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(b) Restrictions.--
(1) The number of individuals hired in any fiscal
year pursuant to the authority contained in subsection
(a) may not exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2008.
(c) Conditions.--The authority of subsection (a) may only
be used to the extent that an equivalent number of positions
that are filled by personal services contractors or other
nondirect-hire employees of USAID, who are compensated with
funds appropriated to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under the
heading ``Assistance for Eastern Europe and the Baltic
States'', are eliminated.
(d) Priority Sectors.--In exercising the authority of this
section, primary emphasis shall be placed on enabling USAID to
meet personnel positions in technical skill areas currently
encumbered by contractor or other nondirect-hire personnel.
(e) Consultations.--The USAID Administrator shall consult
with the Committees on Appropriations at least on a quarterly
basis concerning the implementation of this section.
(f) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority of
this section shall be the account to which such individual's
responsibilities primarily relate. Funds made available to
carry out this section may be transferred to and merged and
consolidated with funds appropriated for ``Operating Expenses
of the United States Agency for International Development''.
(g) Management Reform Pilot.--Of the funds made available
in subsection (a), USAID may use, in addition to funds
otherwise available for such purposes, up to $10,000,000 to
fund overseas support costs of members of the Foreign Service
with a Foreign Service rank of four or below: Provided, That
such authority is only used to reduce USAID's reliance on
overseas personal services contractors or other nondirect-hire
employees compensated with funds appropriated to carry out part
I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Eastern Europe
and the Baltic States''.
(h) Disaster Surge Capacity.--Funds appropriated by this
Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for
Eastern Europe and the Baltic States'', may be used, in
addition to funds otherwise available for such purposes, for
the cost (including the support costs) of individuals detailed
to or employed by the United States Agency for International
Development whose primary responsibility is to carry out
programs in response to natural disasters.
hipc debt reduction
Sec. 578. Section 501(b) of H.R. 3425, as enacted into law
by section 1000(a)(5) of division B of Public Law 106-113 (113
Stat. 1501A-311),\117\ is amended by adding at the end the
following new paragraph:
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\117\ 22 U.S.C. 2395a note.
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``(5) The Act of March 11, 1941 (chapter 11; 55 Stat.
31; 22 U.S.C. 411 et seq.; commonly known as the `Lend-
Lease Act').''.
opic transfer authority
(including transfer of funds)
Sec. 579. Whenever the President determines that it is in
furtherance of the purposes of the Foreign Assistance Act of
1961, up to a total of $20,000,000 of the funds appropriated
under title II of this Act may be transferred to and merged
with funds appropriated by this Act for the Overseas Private
Investment Corporation Program Account, to be subject to the
terms and conditions of that account: Provided, That such funds
shall not be available for administrative expenses of the
Overseas Private Investment Corporation: Provided further, That
funds earmarked by this Act shall not be transferred pursuant
to this section: Provided further, That the exercise of such
authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on funds relating to attendance of federal employees at
conferences occurring outside the united states
Sec. 580. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of agencies or departments of the United
States Government who are stationed in the United States, at
any single international conference occurring outside the
United States, unless the Secretary of State determines that
such attendance is in the national interest: Provided, That for
purposes of this section the term ``international conference''
shall mean a conference attended by representatives of the
United States Government and representatives of foreign
governments, international organizations, or nongovernmental
organizations.
limitation on assistance to foreign countries that refuse to extradite
to the united states any individual accused in the united states of
killing a law enforcement officer
Sec. 581. None of the funds made available in this Act for
the Department of State may be used to provide assistance to
the central government of a country which has notified the
Department of State of its refusal to extradite to the United
States any individual indicted in the United States for killing
a law enforcement officer, as specified in a United States
extradition request, unless the Secretary of State certifies to
the Committees on Appropriations in writing that the
application of the restriction to a country or countries is
contrary to the national interest of the United States.
prohibition against direct funding for saudi arabia
Sec. 582.\118\ None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or
expended to finance any assistance to Saudi Arabia: Provided,
That the President may waive the prohibition of this section if
he certifies to the Committees on Appropriations, 15 days prior
to the obligation of funds for assistance for Saudi Arabia,
that Saudi Arabia is cooperating with efforts to combat
international terrorism and that the proposed assistance will
help facilitate that effort.
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\118\ First enacted as sec. 575 of the Foreign Assistance
Appropriations Act, 2005. On September 26, 2005, the President issued a
memorandum for the Secretary of State to ``waive the application of
section 575 of the FY 2005 FOAA, as well as any provision of law that
is the same or substantially the same as such provision, including
subsequently enacted provisions.'' (Presidential Determination No.
2005-38; October 17, 2005; 70 F.R. 60397).
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governments that have failed to permit certain extraditions
Sec. 583. None of the funds made available in this Act for
the Department of State, other than funds provided under the
heading ``International Narcotics Control and Law
Enforcement'', may be used to provide assistance to the central
government of a country with which the United States has an
extradition treaty and which government has notified the
Department of State of its refusal to extradite to the United
States any individual indicted for a criminal offense for which
the maximum penalty is life imprisonment without the
possibility of parole, unless the Secretary of State certifies
to the Committees on Appropriations in writing that the
application of this restriction to a country or countries is
contrary to the national interest of the United States.
reporting requirement
Sec. 584. The Secretary of State shall provide the
Committees on Appropriations, not later than April 1, 2006, and
for each fiscal quarter, a report in writing on the uses of
funds made available under the headings ``Foreign Military
Financing Program'', ``International Military Education and
Training'', and ``Peacekeeping Operations'': Provided, That
such report shall include a description of the obligation and
expenditure of funds, and the specific country in receipt of,
and the use or purpose of the assistance provided by such
funds.
environment programs
Sec. 585.\119\ (a) Funding.--Of the funds appropriated
under the heading ``Development Assistance'', not less than
$165,500,000 shall be made available for programs and
activities which directly protect biodiversity, including
forests, in developing countries, of which not less than
$10,000,000 should be made available to implement the United
States Agency for International Development's biodiversity
conservation strategy for the Amazon basin, which amount shall
be in addition to the amounts requested for biodiversity
activities in these countries in fiscal year 2006: Provided,
That of the funds appropriated by this Act, not less than
$17,500,000 should be made available for the Congo Basin Forest
Partnership of which not less than $2,500,000 should be made
available to the United States Fish and Wildlife Service for
the protection of great apes in Central Africa: Provided
further, That of the funds appropriated by this Act, not less
than $180,000,000 shall be made available to support clean
energy and other climate change policies and programs in
developing countries, of which $100,000,000 should be made
available to directly promote and deploy energy conservation,
energy efficiency, and renewable and clean energy technologies,
and of which the balance should be made available to directly:
(1) measure, monitor, and reduce greenhouse gas emissions; (2)
increase carbon sequestration activities; and (3) enhance
climate change mitigation and adaptation programs.
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\119\ Language pertaining to greenhouse gas emissions was first
enacted as sec. 573 of the Foreign Assistance Appropriations Act, 1999.
A report similar to that required by subsec. (b) was first required by
sec. 580 of the Foreign Assistance Appropriations Act, 1998. Sec. 554
of the Foreign Assistance Appropriations Act, 2003, addressed
protection of biodiversity and tropical forests. Sec. 555 of the
Foreign Assistance Appropriations Act, 2004, provided the first
appropriations targeting the Amazon Basin of Brazil (expanded in this
Act to include other countries in the Amazon Basin region).
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(b) \120\ Climate Change Report.--Not later than 60 days
after the date on which the President's fiscal year 2007 budget
request is submitted to Congress, the President shall submit a
report to the Committees on Appropriations describing in detail
the following--
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\120\ On February 18, 2005, in a memorandum for the Director of the
Office of Management and Budget, the President delegated functions
related to climate change reporting activities under sec. 576(b) of the
Foreign Assistance Appropriations Act, 2005 to that position, and ``Any
reference in this memorandum to the provision of any Act shall be
deemed to include references to any hereafter-enacted provision of law
that is the same or substantially the same as such provision.'' (March
8, 2005; 70 F.R. 11109).
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(1) all Federal agency obligations and expenditures,
domestic and international, for climate change programs
and activities in fiscal year 2006, including an
accounting of expenditures by agency with each agency
identifying climate change activities and associated
costs by line item as presented in the President's
Budget Appendix; and
(2) all fiscal year 2005 obligations and estimated
expenditures, fiscal year 2006 estimated expenditures
and estimated obligations, and fiscal year 2007
requested funds by the United States Agency for
International Development, by country and central
program, for each of the following: (i) to promote the
transfer and deployment of a wide range of United
States clean energy and energy efficiency technologies;
(ii) to assist in the measurement, monitoring,
reporting, verification, and reduction of greenhouse
gas emissions; (iii) to promote carbon capture and
sequestration measures; (iv) to help meet such
countries' responsibilities under the Framework
Convention on Climate Change; and (v) to develop
assessments of the vulnerability to impacts of climate
change and mitigation and adaptation response
strategies.
(c) Extraction of Natural Resources.--
(1) The Secretary of the Treasury shall inform the
managements of the international financial institutions
and the public that it is the policy of the United
States that any assistance by such institutions
(including but not limited to any loan, credit, grant,
or guarantee) for the extraction and export of oil,
gas, coal, timber, or other natural resource should not
be provided unless the government of the country has in
place or is taking the necessary steps to establish
functioning systems for: (A) accurately accounting for
revenues and expenditures in connection with the
extraction and export of the type of natural resource
to be extracted or exported; (B) the independent
auditing of such accounts and the widespread public
dissemination of the audits; and (C) verifying
government receipts against company payments including
widespread dissemination of such payment information,
and disclosing such documents as Host Government
Agreements, Concession Agreements, and bidding
documents, allowing in any such dissemination or
disclosure for the redaction of, or exceptions for,
information that is commercially proprietary or that
would create competitive disadvantage.
(2) Not later than 180 days after the enactment of
this Act, the Secretary of the Treasury shall submit a
report to the Committees on Appropriations describing,
for each international financial institution, the
amount and type of assistance provided, by country, for
the extraction and export of oil, gas, coal, timber, or
other national resource since September 30, 2005.
uzbekistan
Sec. 586.\121\ Assistance may be provided to the central
Government of Uzbekistan only if the Secretary of State
determines and reports to the Committees on Appropriations that
the Government of Uzbekistan is making substantial and
continuing progress in meeting its commitments under the
``Declaration on the Strategic Partnership and Cooperation
Framework Between the Republic of Uzbekistan and the United
States of America'', including respect for human rights,
establishing a genuine multi-party system, and ensuring free
and fair elections, freedom of expression, and the independence
of the media, and that a credible international investigation
of the May 31, 2005, shootings in Andijan is underway with the
support of the Government of Uzbekistan: Provided, That for the
purposes of this section ``assistance'' shall include excess
defense articles.
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\121\ Similar language first enacted as sec. 574(a) of the Foreign
Assistance Appropriations Act, 2003. In FY 2003 and FY 2004, the
sections relating to Uzbekistan and Kazakhstan were combined in one
section under the heading ``Central Asia''. The proviso, referring to
excess defense articles, is new in FY 2006.
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central asia
Sec. 587.\122\ (a) Funds appropriated by this Act may be
made available for assistance for the Government of Kazakhstan
only if the Secretary of State determines and reports to the
Committees on Appropriations that the Government of Kazakhstan
has made significant improvements in the protection of human
rights during the preceding 6 month period.
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\122\ Similar language first enacted as sec. 574(b) through (e) of
the Foreign Assistance Appropriations Act, 2003. In FY 2003 and FY
2004, the sections relating to Uzbekistan and Kazakhstan were combined
in one section under the heading ``Central Asia''. Subsec. (d),
relating to requirements to be met prior to providing aid to the
Government of Kyrgyzstan, is new in FY 2006.
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(b) The Secretary of State may waive subsection (a) if he
determines and reports to the Committees on Appropriations that
such a waiver is important to the national security of the
United States.
(c) Not later than October 1, 2006, the Secretary of State
shall submit a report to the Committees on Appropriations and
the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives describing the following:
(1) The defense articles, defense services, and
financial assistance provided by the United States to
the countries of Central Asia during the 6-month period
ending 30 days prior to submission of such report.
(2) The use during such period of defense articles,
defense services, and financial assistance provided by
the United States by units of the armed forces, border
guards, or other security forces of such countries.
(d) Prior to the initial obligation of assistance for the
Government of Kyrgyzstan, the Secretary of State shall submit a
report to the Committees on Appropriations describing: (1)
whether the Government of Kyrgyzstan is forcibly returning
Uzbeks who have fled violence and political persecution, in
violation of the 1951 Geneva Convention relating to the status
of refugees, and the Convention Against Torture and Other Forms
of Cruel, Inhuman, or Degrading Treatment; (2) efforts made by
the United States to prevent such returns; and (3) the response
of the Government of Kyrgyzstan.
(e) For purposes of this section, the term ``countries of
Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic,
Tajikistan, and Turkmenistan.
disability programs
Sec. 588.\123\ (a) Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than
$4,000,000 shall be made available for programs and activities
administered by the United States Agency for International
Development (USAID) to address the needs and protect the rights
of people with disabilities in developing countries.
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\123\ Language related to disability programs was first enacted as
sec. 579 of the Foreign Assistance Appropriations Act, 2005.
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(b) Funds appropriated under the heading ``Operating
Expenses of the United States Agency for International
Development'' shall be made available to develop and implement
training for staff in overseas USAID missions to promote the
full inclusion and equal participation of people with
disabilities in developing countries.
(c) The Secretary of State, the Secretary of the Treasury,
and the Administrator of USAID shall seek to ensure that, where
appropriate, construction projects funded by this Act are
accessible to people with disabilities and in compliance with
the USAID Policy on Standards for Accessibility for the
Disabled, or other similar accessibility standards.
(d) Of the funds made available pursuant to subsection (a),
not more than 7 percent may be for management, oversight and
technical support.
(e) Not later than 180 days after the date of enactment of
this Act, and 180 days thereafter, the Administrator of USAID
shall submit a report describing the programs, activities, and
organizations funded pursuant to this section.
discrimination against minority religious faiths in the russian
federation
Sec. 589.\124\ None of the funds appropriated for
assistance under this Act may be made available for the
Government of the Russian Federation, after 180 days from the
date of the enactment of this Act, unless the President
determines and certifies in writing to the Committees on
Appropriations that the Government of the Russian Federation
has implemented no statute, Executive order, regulation or
similar government action that would discriminate, or which has
as its principal effect discrimination, against religious
groups or religious communities in the Russian Federation in
violation of accepted international agreements on human rights
and religious freedoms to which the Russian Federation is a
party.
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\124\ Similar language first enacted as sec. 577 of the Foreign
Assistance Appropriations Act, 1998. Omitted from the FY 2003 Act,
however.
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war crimes in africa
Sec. 590.\125\ (a) The Congress reaffirms its support for
the efforts of the International Criminal Tribunal for Rwanda
(ICTR) and the Special Court for Sierra Leone (SCSL) to bring
to justice individuals responsible for war crimes and crimes
against humanity in a timely manner.
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\125\ Similar language first enacted as sec. 589 of the Foreign
Assistance Appropriations Act, 2004. The 2004 Act also earmarked not
less than $5 million in ESF for a contribution to the Special Court of
Sierra Leone.
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(b) Funds appropriated by this Act, including funds for
debt restructuring, may be made available for assistance to the
central government of a country in which individuals indicted
by ICTR and SCSL are credibly alleged to be living, if the
Secretary of State determines and reports to the Committees on
Appropriations that such government is cooperating with ICTR
and SCSL, including the surrender and transfer of indictees in
a timely manner: Provided, That this subsection shall not apply
to assistance provided under section 551 of the Foreign
Assistance Act of 1961 or to project assistance under title II
of this Act: Provided further, That the United States shall use
its voice and vote in the United Nations Security Council to
fully support efforts by ICTR and SCSL to bring to justice
individuals indicted by such tribunals in a timely manner.
(c) The prohibition in subsection (b) may be waived on a
country by country basis if the President determines that doing
so is in the national security interest of the United States:
Provided, That prior to exercising such waiver authority, the
President shall submit a report to the Committees on
Appropriations, in classified form if necessary, on: (1) the
steps being taken to obtain the cooperation of the government
in surrendering the indictee in question to the court of
jurisdiction; (2) a strategy, including a timeline, for
bringing the indictee before such court; and (3) the
justification for exercising the waiver authority.
(d) Notwithstanding subsections (b) and (c), assistance may
be made available for the central Government of Nigeria after
120 days following enactment of this Act only if the President
submits a report to the Committees on Appropriations, in
classified form if necessary, on: (1) the steps taken in fiscal
years 2003, 2004 and 2005 to obtain the cooperation of the
Government of Nigeria in surrendering Charles Taylor to the
SCSL; and (2) a strategy, including a timeline, for bringing
Charles Taylor before the SCSL.
security in asia
Sec. 591.\126\ (a) Of the funds appropriated under the
heading ``Foreign Military Financing Program'', not less than
the following amounts shall be made available to enhance
security in Asia, consistent with democratic principles and the
rule of law--
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\126\ Language pertaining to providing IMET and FMF funding to
Indonesia with conditions was first enacted as sec. 589 of the Foreign
Assistance Appropriations Act, 2000.
Sec. 6801(c) of Public Law 110-28 (121 Stat. 182) provided the
following: ``Subject to section 101(c)(2) of the Continuing
Appropriations Resolution, 2007 (division B of Public Law 109-289, as
amended by Public Law 110-5), the amount of funds appropriated for
`Foreign Military Financing Program' pursuant to such Resolution shall
be construed to be the total of the amount appropriated for such
program by section 20401 of that Resolution and the amount made
available for such program by section 591 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2006 (Public
Law 109-102) which is made applicable to the fiscal year 2007 by the
provisions of such Resolution.''.
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(1) $30,000,000 for assistance for the Philippines;
(2) $1,000,000 for assistance for Indonesia;
(3) $1,000,000 for assistance for Bangladesh;
(4) $3,000,000 for assistance for Mongolia;
(5) $1,500,000 for assistance for Thailand;
(6) $1,000,000 for assistance for Sri Lanka;
(7) $1,000,000 for assistance for Cambodia;
(8) $500,000 for assistance for Fiji; and
(9) $250,000 for assistance for Tonga.
(b) In addition to amounts appropriated elsewhere in this
Act, $10,000,000 is hereby appropriated for ``Foreign Military
Financing Program'': Provided, That these funds shall be
available only to assist the Philippines in addressing the
critical deficiencies identified in the Joint Defense
Assessment of 2003.
(c) Funds made available for assistance for Indonesia
pursuant to subsection (a) may only be made available for the
Indonesian Navy, notwithstanding section 599F of this Act:
Provided, That such funds shall only be made available subject
to the regular notification procedures of the Committees on
Appropriations.
(d) Funds made available for assistance for Cambodia
pursuant to subsection (a) shall be made available
notwithstanding section 554 of this Act: Provided, That such
funds shall only be made available subject to the regular
notification procedures of the Committees on Appropriations.
nepal
Sec. 592.\127\ (a) Funds appropriated under the heading
``Foreign Military Financing Program'' may be made available
for assistance for Nepal only if the Secretary of State
certifies to the Committees on Appropriations that the
Government of Nepal, including its security forces, has
restored civil liberties, is protecting human rights, and has
demonstrated, through dialogue with Nepal's political parties,
a commitment to a clear timetable to restore multi-party
democratic government consistent with the 1990 Nepalese
Constitution.
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\127\ Similar language first enacted as sec. 590(c) of the Foreign
Assistance Appropriations Act, 2005.
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(b) The Secretary of State may waive the requirements of
this section if the Secretary certifies to the Committees on
Appropriations that to do so is in the national security
interests of the United States.
neglected diseases
Sec. 593. Of the funds appropriated under the heading
``Child Survival and Health Programs Fund'', not less than
$15,000,000 shall be made available to support an integrated
response to the control of neglected diseases including
intestinal parasites, schistosomiasis, lymphatic filariasis,
onchocerciasis, trachoma and leprosy: Provided,\128\ That the
Administrator of the United States Agency for International
Development shall consult with the Committees on
Appropriations, representatives from the relevant international
technical and nongovernmental organizations addressing the
specific diseases, recipient countries, donor countries, the
private sector, UNICEF and the World Health Organization: (1)
on the most effective uses of such funds to demonstrate the
health and economic benefits of such an approach; and (2) to
develop a multilateral, integrated initiative to control these
diseases that will enhance coordination and effectiveness and
maximize the leverage of United States contributions with those
of other donors: Provided further, That funds made available
pursuant to this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
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\128\ Sec. 20409 of Public Law 109-289, as amended by Public Law
110-5 (121 Stat. 25), provided, for fiscal year 2007, that
``Notwithstanding any other provision of this division, the following
provisions in the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2006 (Public Law 109-102) shall not apply
to funds appropriated by this division: * * * and the first proviso of
section 593.''.
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orphans, displaced and abandoned children
Sec. 594. Of the funds appropriated under title II of this
Act, not less than $3,000,000 should be made available for
activities to improve the capacity of foreign government
agencies and nongovernmental organizations to prevent child
abandonment, address the needs of orphans, displaced and
abandoned children and provide permanent homes through family
reunification, guardianship and domestic adoptions: Provided,
That funds made available under title II of this Act should be
made available, as appropriate, consistent with--
(1) the goal of enabling children to remain in the
care of their family of origin, but when not possible,
placing children in permanent homes through adoption;
(2) the principle that such placements should be
based on informed consent which has not been induced by
payment or compensation;
(3) the view that long-term foster care or
institutionalization are not permanent options and
should be used when no other suitable permanent options
are available; and
(4) the recognition that programs that protect and
support families can reduce the abandonment and
exploitation of children.
advisor for indigenous peoples issues
Sec. 595. (a) After consultation with the Committees on
Appropriations and not later than 120 days after enactment of
this Act, the Administrator of the United States Agency for
International Development shall designate an ``Advisor for
Indigenous Peoples Issues'' whose responsibilities shall
include--
(1) consulting with representatives of indigenous
peoples organizations;
(2) ensuring that the rights and needs of indigenous
peoples are being respected and addressed in United
States Agency for International Development policies,
programs and activities;
(3) monitoring the design and implementation of
United States Agency for International Development
policies, programs and activities which affect
indigenous peoples; and
(4) coordinating with other Federal agencies on
relevant issues relating to indigenous peoples.
statement
Sec. 596.\129\ (a) Funds provided in this Act for the
following accounts shall be made available for programs and
countries in the amounts contained in the respective tables
included in the report accompanying this Act:
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\129\ The ``report accompanying this Act'' refers to the conference
report (H. Rept. 109-265, November 2, 2005) accompanying Public Law
109-102. In the conference report, for allocation of: Child Survival
and Health Programs Fund, see p. 81; Economic Support Fund, see p. 86;
Assistance for Eastern Europe and the Baltic States, p. 91; Assistance
for the Independent States of the Former Soviet Union, p. 92; Global
HIV/AIDS Initiative, p. 95; Democracy Fund, p. 96; International
Narcotics Control and Law Enforcement, p. 98; Andean Counterdrug
Initiative, p. 99; Nonproliferation, Anti-Terrorism, Demining and
Related Programs, p. 101; Foreign Military Financing Program, p. 102;
and International Organizations and Programs, p. 105.
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``Child Survival and Health Programs Fund''.
``Economic Support Fund''.
``Assistance for Eastern Europe and the Baltic
States''.
``Assistance for the Independent States of the Former
Soviet Union''.
``Global HIV/AIDS Initiative''.
``Democracy Fund''.
``International Narcotics Control and Law
Enforcement''.
``Andean Counterdrug Initiative''.
``Nonproliferation, Anti-Terrorism, Demining and
Related Programs''.
``Foreign Military Financing Program''.
``International Organizations and Programs''.
(b) Any proposed increases or decreases to the amounts
contained in such tables in the accompanying report shall be
subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.
combatting piracy of united states copyrighted materials
Sec. 597. (a) Program Authorized.--The Secretary of State
may carry out a program of activities to combat piracy in
countries that are not members of the Organization for Economic
Cooperation and Development (OECD), including activities as
follows:
(1) The provision of equipment and training for law
enforcement, including in the interpretation of
intellectual property laws.
(2) The provision of training for judges and
prosecutors, including in the interpretation of
intellectual property laws.
(3) The provision of assistance in complying with
obligations under applicable international treaties and
agreements on copyright and intellectual property.
(b) Consultation With World Intellectual Property
Organization.--In carrying out the program authorized by
subsection (a), the Secretary shall, to the maximum extent
practicable, consult with and provide assistance to the World
Intellectual Property Organization in order to promote the
integration of countries described in subsection (a) into the
global intellectual property system.
(c) Funding.--Of the amount appropriated or otherwise made
available under the heading ``International Narcotics Control
and Law Enforcement'', $5,000,000 may be made available in
fiscal year 2006 for the program authorized by subsection (a).
malaria
Sec. 598. Of the funds appropriated under the heading
``Child Survival and Health Programs Fund'', not less than
$100,000,000 should be made available for programs and
activities to combat malaria: Provided, That such funds should
be made available in accordance with country strategic plans
incorporating best public health practices, which should
include considerable support for the purchase of commodities
and equipment including: (1) insecticides for indoor residual
spraying that are proven to reduce the transmission of malaria;
(2) pharmaceuticals that are proven effective treatments to
combat malaria; (3) long-lasting insecticide-treated nets used
to combat malaria; and (4) other activities to strengthen the
public health capacity of malaria-affected countries: Provided
further, That no later than 90 days after the date of enactment
of this Act, and every 90 days thereafter until September 30,
2006, the Administrator of the United States Agency for
International Development shall submit to the Committees on
Appropriations a report describing in detail expenditures to
combat malaria during fiscal year 2006.
oversight of iraq reconstruction
Sec. 599. Subsection (o) of section 3001 of the Emergency
Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-
106; 117 Stat. 1234; 5 U.S.C. App. 3 section 8G note), as
amended by section 1203(j) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 118 Stat. 2081), is amended by striking ``obligated'' and
inserting ``expended''.
nonproliferation and counterproliferation efforts
Sec. 599A. Funds appropriated under title II under the
heading ``Nonproliferation, Anti-Terrorism, Demining and
Related Programs'' may be made available to the Under Secretary
of State for Arms Control and International Security for use in
certain nonproliferation efforts and counterproliferation
efforts such as increased voluntary dues to the International
Atomic Energy Agency and Proliferation Security Initiative
activities.
promotion of policy goals at multilateral development banks
Sec. 599B. Title XV of the International Financial
Institutions Act (22 U.S.C. 262o et seq.) is amended by adding
at the end the following: * * *
authorizations
Sec. 599C. (a) To authorize the United States participation
in and appropriations for the United States contribution to the
fourteenth replenishment of the resources of the International
Development Association, the International Development
Association Act, Public Law 86-565, as amended (22 U.S.C. 284
et seq.), is further amended by adding at the end thereof the
following new section: * * *
(b) To authorize the United States participation in and
appropriations for the United States contribution to the tenth
replenishment of the resources of the African Development Fund,
the African Development Fund Act, Public Law 94-302, as amended
(22 U.S.C. 290g et seq.), is further amended by adding at the
end thereof the following new section: * * *
(c) To authorize the United States participation in and
appropriations for the United States contribution to the eighth
replenishment of the resources of the Asian Development Fund,
the Asian Development Fund Act, Public Law 92-245, as amended
(22 U.S.C. 285 et seq.), is further amended by adding at the
end thereof the following new section: * * *
anticorruption provisions
Sec. 599D. Twenty percent of the funds appropriated by this
Act under the heading ``International Development
Association'', shall be withheld from disbursement until the
Secretary of the Treasury reports to the appropriate
congressional committees on the extent to which the World Bank
has completed the following: \130\
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\130\ Sec. 20407 of the Continuing Appropriations Resolution, 2007
(Public Law 109-289; as amended by Public Law 110-5; 121 Stat. 24),
struck out ``certifies to the appropriate congressional committees
that--'' in the first paragraph of sec. 599D and the subsequent six
paragraphs, and inserted in lieu thereof ``reports to the appropriate
congressional committees on the extent to which the World Bank has
completed the following:'' and the subsequent six paragraphs. The
struck out paragraphs had read as follows:
``(1) World Bank procurement guidelines are applied to all
procurement financed in whole or in part by a loan from the
International Bank for Reconstruction and Development (IBRD) or a
credit agreement or grant from the International Development
Association (IDA);
``(2) the World Bank proposal `Increasing the Use of Country
Systems in Procurement' dated March 2005 has been withdrawn;
``(3) the World Bank is maintaining a strong central procurement
office staffed with senior experts who are designated to address
commercial concerns, questions, and complaints regarding procurement
procedures and payments under IDA and IBRD projects;
``(4) thresholds for international competitive bidding are
established to maximize international competitive bidding in accordance
with sound procurement practices, including transparency, competition,
and cost-effective results for the Borrowers;
``(5) all tenders under the World Bank's national competitive
bidding provisions are subject to the same advertisement requirements
as tenders under international competitive bidding; and
``(6) loan agreements are made public between the World Bank and
the Borrowers.''.
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(1) World Bank procurement guidelines have been
applied to all procurement financed in whole or in part
by a loan from the World Bank or a credit agreement or
grant from the International Development Association
(IDA).
(2) The World Bank proposal ``Increasing the Use of
Country Systems in Procurement'' dated March 2005 has
been withdrawn.
(3) The World Bank maintains a strong central
procurement office staffed with senior experts who are
designated to address commercial concerns, questions,
and complaints regarding procurement procedures and
payments under IDA and World Bank projects.
(4) Thresholds for international competitive bidding
have been established to maximize international
competitive bidding in accordance with sound
procurement practices, including transparency,
competition, and cost-effective results for the
Borrowers.
(5) All tenders under the World Bank's national
competitive bidding provisions are subject to the same
advertisement requirements as tenders under
international competitive bidding.
(6) Loan agreements between the World Bank and the
Borrowers have been made public.
assistance for demobilization and disarmament of former irregular
combatants in colombia
Sec. 599E.\131\ (a) Availability of Funds.--Of the funds
appropriated in this Act, up to $20,000,000 may be made
available in fiscal year 2006 for assistance for the
demobilization and disarmament of former members of foreign
terrorist organizations (FTOs) in Colombia, specifically the
United Self-Defense Forces of Colombia (AUC), the Revolutionary
Armed Forces of Colombia (FARC) and the National Liberation
Army (ELN), if the Secretary of State makes a certification
described in subsection (b) to the appropriate congressional
committees prior to the initial obligation of amounts for such
assistance for the fiscal year involved.
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\131\ A paragraph providing funds for International Narcotics
Control and Law Enforcement in the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 434), provided that ``For
an additional amount for `International Narcotics Control and Law
Enforcement', $107,700,000, to remain available until September 30,
2008: Provided, That of the funds appropriated under this heading, not
less than $3,300,000 shall be made available for assistance for the
Peace and Justice Unit of the Colombian Fiscalia notwithstanding
section 599E of Public Law 109-102: Provided further, That of the funds
appropriated under this heading, up to $13,000,000 is available for
procurement of a maritime patrol aircraft for the Colombian Navy and
may be transferred to and merged with funds previously appropriated to
the `Foreign Military Financing Program' to finance such procurement:
Provided further, That the amount provided under this heading is
designated as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.''.
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(b) Certification.--A certification described in this
subsection is a certification that--
(1) assistance for the fiscal year will be provided
only for individuals who have: (A) verifiably renounced
and terminated any affiliation or involvement with FTOs
or other illegal armed groups; and (B) are meeting all
the requirements of the Colombia Demobilization
Program, including having disclosed their involvement
in past crimes and their knowledge of the FTO's
structure, financing sources, illegal assets, and the
location of kidnapping victims and bodies of the
disappeared;
(2) the Government of Colombia is providing full
cooperation to the Government of the United States to
extradite the leaders and members of the FTOs who have
been indicted in the United States for murder,
kidnapping, narcotics trafficking, and other violations
of United States law;
(3) the Government of Colombia is implementing a
concrete and workable framework for dismantling the
organizational structures of foreign terrorist
organizations; and
(4) funds shall not be made available as cash
payments to individuals and are available only for
activities under the following categories:
verification, reintegration (including training and
education), vetting, recovery of assets for reparations
for victims, and investigations and prosecutions.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations and the
Committee on International Relations of the
House of Representatives; and
(B) the Committee on Appropriations and the
Committee on Foreign Relations of the Senate.
(2) Foreign terrorist organization.--The term
``foreign terrorist organization'' means an
organization designated as a terrorist organization
under section 219 of the Immigration and Nationality
Act.
indonesia
Sec. 599F.\132\ (a) Funds appropriated by this Act under
the heading ``Foreign Military Financing Program'' may be made
available for assistance for Indonesia, and licenses may be
issued for the export of lethal defense articles for the
Indonesian Armed Forces, only if the Secretary of State
certifies to the appropriate congressional committees that--
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\132\ Similar language pertaining to providing IMET and FMF funding
to Indonesia was first enacted as sec. 589 of the Foreign Assistance
Appropriations Act, 2000.
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(1) the Indonesian Government is prosecuting and
punishing, in a manner proportional to the crime,
members of the Armed Forces who have been credibly
alleged to have committed gross violations of human
rights;
(2) at the direction of the President of Indonesia,
the Armed Forces are cooperating with civilian judicial
authorities and with international efforts to resolve
cases of gross violations of human rights in East Timor
and elsewhere; and
(3) at the direction of the President of Indonesia,
the Government of Indonesia is implementing reforms to
improve civilian control of the military.
(b) The Secretary of State may waive subsection (a) if the
Secretary determines and reports to the Committees on
Appropriations that to do so is in the national security
interests of the United States.
report on indonesian cooperation
Sec. 599G. Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations that describes--
(1) the status of the investigation of the murders of
two United States citizens and one Indonesian citizen
that occurred on August 31, 2002 in Timika, Indonesia,
the status of any individuals indicted within the
United States or Indonesia for crimes relating to those
murders, and the status of judicial proceedings
relating to those murders;
(2) the efforts by the Government of Indonesia to
arrest individuals indicted for crimes relating to
those murders and any other actions taken by the
Government of Indonesia, including the Indonesian
judiciary, police and Armed Forces, to bring the
individuals responsible for those murders to justice;
and
(3) the cooperation provided by the Government of
Indonesia, including the Indonesian judiciary, police
and Armed Forces, to requests related to those murders
made by the Secretary of State or the Director of the
Federal Bureau of Investigation.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006''.
j. 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; as amended by Public Law 109-163 [National Defense
Authorization Act for Fiscal Year 2006; H.R. 1815], 119 Stat. 3136,
approved January 6, 2006
AN ACT Making Emergency Supplemental Appropriations for Defense, the
Global War on Terror, and Tsunami Relief, for the fiscal year ending
September 30, 2005, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005''.
* * * * * * *
DIVISION A--EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE
GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF, 2005
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2005, and for other purposes, namely:
* * * * * * *
TITLE II--INTERNATIONAL PROGRAMS AND ASSISTANCE FOR RECONSTRUCTION AND
THE WAR ON TERROR
* * * * * * *
GENERAL PROVISIONS, THIS CHAPTER
* * * * * * *
humanitarian assistance code of conduct
Sec. 2110.\1\ (a) None of the funds made available for
foreign operations, export financing, and related programs
under the headings ``Migration and Refugee Assistance'',
``United States Emergency Refugee and Migration Assistance
Fund'', ``International Disaster and Famine Assistance'', or
``Transition Initiatives'' may be obligated to an organization
that fails to adopt a code of conduct that provides for the
protection of beneficiaries of assistance under any such
heading from sexual exploitation and abuse in humanitarian
relief operations.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2370b.
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(b) The code of conduct referred to in subsection (a)
shall, to the maximum extent practicable, be consistent with
the six core principles of the United Nations Inter-Agency
Standing Committee Task Force on Protection From Sexual
Exploitation and Abuse in Humanitarian Crises.
(c) Not later than 180 days after the date of the enactment
of this Act, and not later than one year after the date of the
enactment of this Act, the President shall transmit to the
appropriate congressional committees a report on the
implementation of this section.
(d) This section shall take effect 60 days after the date
of the enactment of this Act and shall apply to funds obligated
after such date for fiscal year 2005 and any subsequent fiscal
year.
* * * * * * *
k. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005
Partial text of division D of Public Law 108-447 [Consolidated
Appropriations Act, 2005; H.R. 4818], 118 Stat. 2809, approved December
8, 2004; as amended by Public Law 109-13 [Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Tsunami
Relief, 2005; H.R. 1268], 119 Stat. 231, approved May 11, 2005; Public
Law 109-102 [Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006; H.R. 3057], 119 Stat. 2172, approved November
14, 2005; Public Law 110-161 [Consolidated Appropriations Act, 2008;
H.R. 2764], 121 Stat. 1844, approved December 26, 2007; and Public Law
111-8 [Omnibus Appropriations Act, 2009; H.R. 1105], 123 Stat. 524,
approved March 11, 2009
* * * * * * *
DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2005
Note.--Fiscal year 2004 appropriations were continued
into fiscal year 2005 in Public Law 108-309 (118 Stat.
1137; approved September 30, 2004), as amended, pending
final passage of several annual appropriations bills
including foreign assistance appropriations.
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
hiv/aids
Sec. 525. (a)(1) Notwithstanding any other provision of
this Act, 25 percent of the funds that are appropriated by this
Act for a contribution to support the Global Fund to Fight
AIDS, Tuberculosis and Malaria (the ``Global Fund'') shall be
withheld from obligation to the Global Fund until the Secretary
of State certifies to the Committees on Appropriations that the
Global Fund--
(A) is establishing a full time, professional,
independent office which reports directly to the Global
Fund Board regarding, among other things, the integrity
of processes for consideration and approval of grant
proposals, and the implementation, monitoring and
evaluation of grants made by the Global Fund;
(B) is strengthening domestic civil society
participation, especially for people living with HIV/
AIDS, in country coordinating mechanisms;
(C) is establishing procedures to assess the need
for, and coordinate, technical assistance for Global
Fund activities, in cooperation with bilateral and
multilateral donors;
(D) has established clear progress indicators upon
which to determine the release of incremental
disbursements;
(E) is releasing such incremental disbursements only
if positive results have been attained based on those
indicators; and
(F) is providing support and oversight to country-
level entities, such as country coordinating
mechanisms, principal recipients, and local Fund
agents, to enable them to fulfill their mandates.
(2) The Secretary of State may waive paragraph (1) of this
subsection if he determines and reports to the Committees on
Appropriations that such waiver is important to the national
interest of the United States.
(b) \1\ (1) In furtherance of the purposes of section 104A
of the Foreign Assistance Act of 1961, and to assist in
providing a safe, secure, reliable, and sustainable supply
chain of pharmaceuticals and other products needed to provide
care and treatment of persons with HIV/AIDS and related
infections, the Coordinator of the United States Government
Activities to Combat HIV/AIDS Globally (the ``Coordinator'') is
authorized to establish an HIV/AIDS Working Capital Fund (in
this section referred to as the ``HIV/AIDS Fund'').
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\1\ 22 U.S.C. 7612a.
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(2) Funds deposited during any fiscal year in the HIV/AIDS
Fund shall be available without fiscal year limitation and used
for pharmaceuticals and other products needed to provide care
and treatment of persons with HIV/AIDS and related infections,
including, but not limited to--
(A) anti-retroviral drugs;
(B) other pharmaceuticals and medical items needed to
provide care and treatment to persons with HIV/AIDS and
related infections;
(C) laboratory and other supplies for performing
tests related to the provision of care and treatment to
persons with HIV/AIDS and related infections;
(D) other medical supplies needed for the operation
of HIV/AIDS treatment and care centers, including
products needed in programs for the prevention of
mother-to-child transmission;
(E) pharmaceuticals and health commodities needed for
the provision of palliative care; and
(F) laboratory and clinical equipment, as well as
equipment needed for the transportation and care of
HIV/AIDS supplies, and other equipment needed to
provide prevention, care and treatment of HIV/AIDS
described above.
(3) There may be deposited during any fiscal year in the
HIV/AIDS Fund payments for HIV/AIDS pharmaceuticals and
products provided from the HIV/AIDS Fund received from
applicable appropriations and funds of the United States Agency
for International Development, the Department of Health and
Human Services, the Department of Defense, or other Federal
agencies and other sources at actual cost of the HIV/AIDS
pharmaceuticals and other products, actual cost plus the
additional costs of providing such HIV/AIDS pharmaceuticals and
other products, or at any other price agreed to by the
Coordinator or his designee.
(4) There may be deposited in the HIV/AIDS Fund payments
for the loss of, or damage to, HIV/AIDS pharmaceuticals and
products held in the HIV/AIDS Fund, rebates, reimbursements,
refunds and other credits applicable to the operation of the
HIV/AIDS Fund.
(5) At the close of each fiscal year the Coordinator may
transfer out of the HIV/AIDS Fund to other HIV/AIDS
programmatic areas such amounts as the Coordinator determines
to be in excess of the needs of the HIV/AIDS Fund.
(6) At the close of each fiscal year the Coordinator shall
submit a report to the Committees on Appropriations detailing
the financial activities of the HIV/AIDS Fund, including
sources of income and information regarding disbursements.
* * * * * * *
united states agency for international development hiring authority
Sec. 588.\2\ (a) Authority.--Up to $37,500,000 of the funds
made available in this Act to carry out the provisions of part
I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Eastern Europe
and the Baltic States'', may be used by the United States
Agency for International Development (USAID) to hire and employ
individuals in the United States and overseas on a limited
appointment basis pursuant to the authority of sections 308 and
309 of the Foreign Service Act of 1980.
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\2\ 22 U.S.C. 3948 note. See also sec. 676 of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2008 (division J of Public Law 110-161; 121 Stat. 2357).
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(b) Restrictions.--
(1) The number of individuals hired in any fiscal
year pursuant to the authority contained in subsection
(a) may not exceed 175, of which not more than 75 may
be hired for employment in the United States.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2007.
(c) Conditions.--The authority of this section may only be
used--
(1) to the extent that an equivalent number of
positions that are filled by personal services
contractors or other nondirect-hire employees of USAID,
who are compensated with funds appropriated to carry
out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic
States'', are eliminated; and
(2) after consultations between the Committees on
Appropriations and the USAID Administrator on the
implementation of this section and USAID work force
issues more generally.
(d) Priority Sectors.--In exercising the authority of this
section, primary emphasis shall be placed on enabling USAID to
meet personnel positions in technical skill areas currently
encumbered by contractor or other nondirect-hire personnel.
(e) Consultations.--After the initial consultations
required by subsection (c)(2), the USAID Administrator shall
consult with the Committees on Appropriations at least on a
quarterly basis thereafter concerning the implementation of
this section.
(f) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority of
this section shall be the account to which such individual's
responsibilities primarily relate. Funds made available to
carry out this section may be transferred to and merged and
consolidated with funds appropriated for ``Operating Expenses
of the United States Agency for International Development''.
(g) Relation to Prior Law.--Upon completion of the
consultations required by subsection (c)(2), the authority
contained in this section shall supersede the authority
contained in section 525 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2004.\3\
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\3\ Sec. 525 of the Foreign Assistance Appropriations Act, 2004,
provided the following:
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``usaid overseas program
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``Sec. 525. Funds appropriated by this and subsequent
appropriations Acts to carry out the provisions of part I of the
Foreign Assistance Act of 1961, including funds appropriated under the
heading `Assistance for Eastern Europe and the Baltic States', may be
made available to employ individuals overseas on a limited appointment
basis pursuant to the authority of sections 308 and 309 of the Foreign
Service Act of 1980: Provided, That in fiscal years 2004, 2005, and
2006 the authority of this section may be used to hire not more than 85
individuals in each such year.''.
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(h) Disaster Surge Capacity.--Funds appropriated by this
Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for
Eastern Europe and the Baltic States'', may be used, in
addition to funds otherwise available for such purposes, for
the cost (including the support costs) of individuals detailed
to or employed by the United States Agency for International
Development whose primary responsibility is to carry out
programs in response to natural disasters.
* * * * * * *
vietnamese refugees
Sec. 594. (a) Eligibility for In-Country Refugee Processing
in Vietnam.--For purposes of eligibility for in-country refugee
processing for nationals of Vietnam during fiscal years 2004
through 2010,\4\ an alien described in subsection (b) shall be
considered to be a refugee of special humanitarian concern to
the United States (within the meaning of section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157)) and shall be
admitted to the United States for resettlement if the alien
would be admissible as an immigrant under the Immigration and
Nationality Act (except as provided in section 207(c)(3) of
that Act).
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\4\ Sec. 7034(d) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2009 (division H of Public Law
111-8; 123 Stat. 877), struck out ``2009'' and inserted in lieu thereof
``2010''.
Previously, sec. 634(f) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008 (division J
of Public Law 110-161; 121 Stat. 2329), struck out ``2007'' and
inserted in lieu thereof ``2009''. Previously, sec. 534(f) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2209), struck
out ``and 2005'' and inserted in lieu thereof ``through 2007''.
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(b) Aliens Covered.--An alien described in this subsection
is an alien who--
(1) is the son or daughter of a qualified national;
(2) is 21 years of age or older; and
(3) was unmarried as of the date of acceptance of the
alien's parent for resettlement under the Orderly
Departure Program or through the United States
Consulate General in Ho Chi Minh City.
(c) Qualified National.--The term ``qualified national'' in
subsection (b)(1) means a national of Vietnam who--
(1)(A) was formerly interned in a re-education camp
in Vietnam by the Government of the Socialist Republic
of Vietnam; or
(B) is the widow or widower of an individual
described in subparagraph (A);
(2)(A) qualified for refugee processing under the
Orderly Departure Program re-education subprogram; and
(B) is or was accepted under the Orderly Departure
Program or through the United States Consulate General
in Ho Chi Minh City--
(i) for resettlement as a refugee; or
(ii) for admission to the United States as an
immediate relative immigrant; and
(3)(A) is presently maintaining a residence in the
United States or whose surviving spouse is presently
maintaining such a residence; or
(B) was approved for refugee resettlement or
immigrant visa processing and is awaiting departure
formalities from Vietnam or whose surviving spouse is
awaiting such departure formalities.
* * * * * * *
This division may be cited as the ``Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2005''.
l. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2004
Partial text of division D of Public Law 108-199 [Consolidated
Appropriations Act, 2004; H.R. 2673], 118 Stat. 3 at 143, approved
January 23, 2004; as amended by Public Law 109-140 [H.R. 4436], 119
Stat. 2650, approved December 22, 2005
* * * * * * *
DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2004
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 2004, and
for other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2004, and for other purposes, namely:
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
usaid overseas program
Sec. 525.\1\ Funds appropriated by this and subsequent
appropriations Acts to carry out the provisions of part I of
the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Eastern Europe
and the Baltic States'', may be made available to employ
individuals overseas on a limited appointment basis pursuant to
the authority of sections 308 and 309 of the Foreign Service
Act of 1980: Provided, That in fiscal years 2004, 2005, and
2006 the authority of this section may be used to hire not more
than 85 individuals in each such year.
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\1\ 22 U.S.C. 3948 note.
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* * * * * * *
m. Emergency Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004
Partial text of Public Law 108-106 [H.R. 3289], 117 Stat. 1209,
approved November 6, 2003; as amended by Public Law 108-309 [H.J. Res.
107], 118 Stat. 1137, approved September 30, 2004; Public Law 108-375
[Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005; H.R. 4200], 118 Stat. 1811, approved October 28, 2004; Public Law
109-102 [Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006; H.R. 3057], 119 Stat. 2172, approved November
14, 2005; Public Law 109-234 [Emergency Supplemental Appropriations Act
for Defense, the Global War on Terror, and Hurricane Recovery, 2006;
H.R. 4939], 120 Stat. 418, approved June 15, 2006; Public Law 109-364
[John Warner National Defense Authorization Act for Fiscal Year 2007;
H.R. 5122], 120 Stat. 2083, approved October 17, 2006; Public Law 109-
440 [Iraq Reconstruction Accountability Act of 2006; S. 4046], 120
Stat. 3286, approved December 20, 2006; Public Law 110-28 [U.S. Troop
Readiness, Veterans; Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007; H.R. 2206], 121 Stat. 112, approved May 25,
2007; and Public Law 110-181 [National Defense Authorization Act for
Fiscal Year 2008; H.R. 4986], 122 Stat. 3, approved January 28, 2008
AN ACT Making emergency supplemental appropriations for defense and for
the reconstruction of Iraq and Afghanistan for the fiscal year ending
September 30, 2004, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2004, and for other purposes, namely:
TITLE I--NATIONAL SECURITY
CHAPTER 1
* * * * * * *
GENERAL PROVISIONS, THIS CHAPTER
* * * * * * *
Sec. 1120.\1\ (a) Not later than April 30 and October 31 of
each year, the Secretary of Defense shall submit to Congress a
report on the military operations of the Armed Forces and the
reconstruction activities of the Department of Defense in Iraq
and Afghanistan.
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\1\ 10 U.S.C. 113 note.
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(b) Each report shall include the following information:
(1) For each of Iraq and Afghanistan for the half-
fiscal year ending during the month preceding the due
date of the report, the amount expended for military
operations of the Armed Forces and the amount expended
for reconstruction activities, together with the
cumulative total amounts expended for such operations
and activities.
(2) An assessment of the progress made toward
preventing attacks on United States personnel.
(3) An assessment of the effects of the operations
and activities in Iraq and Afghanistan on the readiness
of the Armed Forces.
(4) An assessment of the effects of the operations
and activities in Iraq and Afghanistan on the
recruitment and retention of personnel for the Armed
Forces.
(5) For the half-fiscal year ending during the month
preceding the due date of the report, the costs
incurred for repair of Department of Defense equipment
used in the operations and activities in Iraq and
Afghanistan.
(6) The foreign countries, international
organizations, and nongovernmental organizations that
are contributing support for the ongoing military
operations and reconstruction activities, together with
a discussion of the amount and types of support
contributed by each during the half-fiscal year ending
during the month preceding the due date of the report.
(7) The extent to which, and the schedule on which,
the Selected Reserve of the Ready Reserve of the Armed
Forces is being involuntarily ordered to active duty
under section 12304 of title 10, United States Code.
(8) For each unit of the National Guard of the United
States and the other reserve components of the Armed
Forces on active duty pursuant to an order to active
duty under section 12304 of title 10, United States
Code, the following information:
(A) The unit.
(B) The projected date of return of the unit
to its home station.
(C) The extent (by percentage) to which the
forces deployed within the United States and
outside the United States in support of a
contingency operation are composed of reserve
component forces.
* * * * * * *
TITLE II--IRAQ AND AFGHANISTAN RECONSTRUCTION AND INTERNATIONAL
ASSISTANCE
* * * * * * *
CHAPTER 2
BILATERAL ECONOMIC ASSISTANCE
* * * * * * *
OTHER BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
iraq relief and reconstruction fund \2\
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\2\ Sec. 1302(a) of Public Law 109-234 (22 U.S.C. 2151 note; 120
Stat. 435) provided that ``Notwithstanding any other provision of law,
amounts under the heading `Iraq Relief and Reconstruction Fund' in
title II of Public Law 108-106 shall remain available for one
additional year from the date on which the availability of funds would
otherwise have expired, if such funds are initially obligated before
the expiration of the period of availability provided herein: Provided,
That notwithstanding section 2207(d) of Public Law 108-106,
requirements of section 2207 of Public Law 108-106 shall expire on
October 1, 2008.''.
Sec. 135 of Public Law 108-309 (118 Stat. 1143) provided that ``Not
to exceed $360,000,000 of the funds made available by Public Law 108-
106 under the heading `Iraq Relief and Reconstruction Fund' may be made
available for the purposes of such section 569'', sec. 569 referring to
a section in Public Law 108-447, also enacted by reference in sec. 135
of Public Law 108-309, pertaining to U.S. foreign assistance to Sudan.
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(including transfers of funds)
For necessary expenses to carry out the purposes of the
Foreign Assistance Act of 1961, for security, relief,
rehabilitation and reconstruction in Iraq, $18,649,000,000, to
remain available until September 30, 2006, to be allocated as
follows: $5,036,000,000 \3\ for security and law enforcement;
$2,349,800,000 \4\ for justice, public safety infrastructure,
and civil society, of which $100,000,000 shall be made
available for democracy building activities, and of which
$10,000,000 shall be made available to the United States
Institute for Peace for activities supporting peace
enforcement, peacekeeping and post-conflict peacebuilding;
$4,220,000,000 \5\ for the electric sector; $1,735,600,000 \6\
for oil infrastructure; $2,131,100,000 \7\ for water resources
and sanitation; $465,000,000 \8\ for transportation and
telecommunications; $333,700,000 \9\ for roads, bridges, and
construction; $739,000,000 \10\ for health care; $805,300,000
\11\ for private sector development; and $410,000,000 \12\ for
education, refugees, human rights, and governance: Provided,
That the President may reallocate up to 10 percent of any of
the preceding allocations, except that the total for the
allocation receiving such funds may not be increased by more
than 20 percent: Provided further, That the President may
increase one such allocation only by up to an additional 20
percent in the event of unforeseen or emergency circumstances:
Provided further, That such reallocations shall be subject to
the regular notification procedures of the Committees on
Appropriations and section 634A of the Foreign Assistance Act
of 1961 and notifications shall be transmitted at least 15 days
in advance of the obligation of funds: Provided further, That
funds appropriated under this heading shall be apportioned only
to the Coalition Provisional Authority in Iraq (in its capacity
as an entity of the United States Government), the Department
of State, the Department of Health and Human Services, the
Department of Treasury, the Department of Defense, and the
United States Agency for International Development: 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 amount appropriated in this paragraph, not less than
$6,000,000 shall be made available for administrative expenses
of the Department of State Bureau of International Narcotics
Control and Law Enforcement Affairs and not less than
$119,000,000 \13\ shall be made available for administrative
expenses of the United States Agency for International
Development for support of the reconstruction activities in
Iraq: Provided further, That of the funds appropriated under
this heading, up to 10 percent of such funds that are
obligated, managed, or administered by an agency of the United
States Government, other than the United States Agency for
International Development,\14\ shall be made available to such
agency for \15\ administrative expenses: Provided further, That
up to 1 percent of the amount appropriated in this paragraph
may be transferred to ``Operating Expenses of the Coalition
Provisional Authority'', and that any such transfer shall be in
accordance with the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961: Provided further, That funds
appropriated under this heading shall be used to protect and
promote public health and safety, including for the arrest,
detention and prosecution of criminals and terrorists: Provided
further, That of the funds appropriated under this heading,
assistance shall be made available for Iraqi civilians who have
suffered losses as a result of military operations: 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 Administrator of the
Coalition Provisional Authority shall seek to ensure that
programs, projects and activities funded under this heading,
comply fully with USAID's ``Policy Paper: Disability'' issued
on September 12, 1997: Provided further, That the Coalition
Provisional Authority shall work, in conjunction with relevant
Iraqi officials, to ensure that a new Iraqi constitution
preserves full rights to religious freedom and tolerance of all
faiths: Provided further, That of the funds appropriated under
this heading, $100,000,000 shall be transferred to and
consolidated with funds appropriated by this Act for ``Economic
Support Fund'' for assistance for Jordan, $100,000,000 of such
funds shall be transferred to and consolidated with funds
appropriated by this Act for ``International Disaster and
Famine Assistance'' for assistance for Liberia, and $10,000,000
of such funds shall be transferred to and consolidated with
funds appropriated by this Act for ``International Disaster and
Famine Assistance'' for assistance for Sudan.
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\3\ Sec. 1302(b)(1) of Public Law 109-234 (120 Stat. 435) struck
out ``$5,090,000,000'' and inserted in lieu thereof ``$5,036,000,000''
for security and law enforcement. Previously, sec. 133(1) of Public Law
108-309 (118 Stat. 1142) struck out ``$3,243,000,000'' and inserted in
lieu thereof ``$5,090,000,000''.
\4\ Sec. 1302(b)(2) of Public Law 109-234 (120 Stat. 435) struck
out ``$1,960,000,000'' and inserted in lieu thereof ``$2,349,800,000''
for justice, public safety infrastructure, and civil society.
Previously, sec. 133(2) of Public Law 108-309 (118 Stat. 1142) struck
out ``$1,318,000,000'' and inserted in lieu thereof ``$1,960,000,000''
\5\ Sec. 1302(b)(3) of Public Law 109-234 (120 Stat. 435) struck
out ``$4,455,000,000'' and inserted in lieu thereof ``$4,220,000,000''
for the electric sector. Previously, sec. 133(3) of Public Law 108-309
(118 Stat. 1142) struck out ``$5,560,000,000'' and inserted in lieu
thereof ``$4,455,000,000''.
\6\ Sec. 1302(b)(4) of Public Law 109-234 (120 Stat. 435) struck
out ``$1,723,000,000'' and inserted in lieu thereof ``$1,735,600,000''
for oil infrastructure. Previously, sec. 133(4) of Public Law 108-309
(118 Stat. 1142) struck out ``$1,890,000,000'' and inserted in lieu
thereof ``$1,723,000,000''.
\7\ Sec. 1302(b)(5) of Public Law 109-234 (120 Stat. 435) struck
out ``$2,361,000,000'' and inserted in lieu thereof ``$2,131,100,000''
for water resources and sanitation. Previously, sec. 133(5) of Public
Law 108-309 (118 Stat. 1143) struck out ``$4,332,000,000'' and inserted
in lieu thereof ``$2,361,000,000''.
\8\ Sec. 1302(b)(6) of Public Law 109-234 (120 Stat. 435) struck
out ``$500,000,000'' and inserted in lieu thereof ``$465,500,000'' for
transportation and telecommunications.
\9\ Sec. 1302(b)(7) of Public Law 109-234 (120 Stat. 435) struck
out ``$370,000,000'' and inserted in lieu thereof ``$333,700,000'' for
roads, bridges, and construction.
\10\ Sec. 1302(b)(8) of Public Law 109-234 (120 Stat. 435) struck
out ``$793,000,000'' and inserted in lieu thereof ``$739,000,000'' for
health care.
\11\ Sec. 1302(b)(9) of Public Law 109-234 (120 Stat. 435) struck
out ``$845,000,000'' and inserted in lieu thereof ``$805,300,000'' for
private sector development. Previously, sec. 133(6) of Public Law 108-
309 (118 Stat. 1143) struck out ``$153,000,000'' and inserted in lieu
thereof ``$845,000,000''.
\12\ Sec. 1302(b)(10) of Public Law 109-234 (120 Stat. 435) struck
out ``$342,000,000'' and inserted in lieu thereof ``$410,000,000'' for
education, refugees, human rights, and governance. Previously, sec.
133(7) of Public Law 108-309 (118 Stat. 1143) struck out
``$280,000,000'' and inserted in lieu thereof ``$342,000,000''.
\13\ Sec. 134(1) of Public Law 108-309 (118 Stat. 1143) struck out
``$29,000,000'' and inserted in lieu thereof ``$119,000,000'' in the
sixth proviso, for administrative expenses of the United States Agency
for International Development for support of the reconstruction
activities in Iraq.
\14\ Sec. 134(2)(A) of Public Law 108-309 (118 Stat. 1143) struck
out ``Coalition Provisional Authority'' and inserted in lieu thereof
``United States Agency for International Development'' in the seventh
proviso.
\15\ Sec. 134(2)(B) of Public Law 108-309 (118 Stat. 1143) struck
out ``to fully pay for its'' and inserted in lieu thereof ``for'' in
the seventh proviso.
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* * * * * * *
GENERAL PROVISIONS, THIS CHAPTER
* * * * * * *
Sec. 2207.\2\, \16\ (a) The Director of the
Office of Management and Budget, in consultation with the
Administrator of the Coalition Provisional Authority (CPA) and
the Committees on Appropriations, shall submit to the
Committees on Appropriations not later than January 5, 2004 and
prior to the initial obligation of funds appropriated by this
Act under the heading ``Iraq Relief and Reconstruction Fund'' a
report on the proposed uses of all funds under this heading on
a project-by-project basis, for which the obligation of funds
is anticipated during the 3 month period from such date,
including estimates by the CPA of the costs required to
complete each such project: Provided, That up to 20 percent of
funds appropriated under such heading may be obligated before
the submission of the report: Provided further, That in
addition such report shall include the following:
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\16\ 22 U.S.C. 2151 note. Sec. 1302(a) of Public Law 109-234 (120
Stat. 435) provided the following:
``Sec. 1302. (a) Notwithstanding any other provision of law,
amounts under the heading `Iraq Relief and Reconstruction Fund' in
title II of Public Law 108-106 shall remain available for one
additional year from the date on which the availability of funds would
otherwise have expired, if such funds are initially obligated before
the expiration of the period of availability provided herein: Provided,
That notwithstanding section 2207(d) of Public Law 108-106,
requirements of section 2207 of Public Law 108-106 shall expire on
October 1, 2008.''.
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(1) The use of all funds on a project-by-project
basis for which funds appropriated under such heading
were obligated prior to the submission of the report,
including estimates by the CPA of the costs required to
complete each project.
(2) The distribution of duties and responsibilities
regarding such projects among the agencies of the
United States Government.
(3) Revenues to the CPA attributable to or consisting
of funds provided by foreign governments and
international organizations, disaggregated by donor,
any obligations or expenditures of such revenues, and
the purpose of such obligations and expenditures.
(4) Revenues to the CPA attributable to or consisting
of foreign assets seized or frozen, any obligations or
expenditures of such revenues, and the purpose of such
obligations and expenditures.
(b) Any proposed new projects and increases in funding of
ongoing projects shall be reported to the Committees on
Appropriations in accordance with regular notification
procedures.
(c) The report required by subsection (a) shall be updated
and submitted to the Committees on Appropriations every 3
months and shall include information on how the estimates and
assumptions contained in previous reports have changed.
(d) The requirements of this section shall expire on
October 1, 2007.
Sec. 2208.\17\ Any reference in this chapter to the
``Coalition Provisional Authority in Iraq'' or the ``Coalition
Provisional Authority'' shall be deemed to include any
successor United States Government entity with the same or
substantially the same authorities and responsibilities as the
Coalition Provisional Authority in Iraq.
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\17\ 22 U.S.C. 2151 note.
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* * * * * * *
Sec. 2215.\18\ Reports on Iraq and Afghanistan. (a)(1) The
Coalition Provisional Authority (CPA) shall, on a monthly basis
until September 30, 2006, submit a report to the Committees on
Appropriations which details, for the preceding month, Iraqi
oil production and oil revenues, and uses of such revenues.
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\18\ 22 U.S.C. 2151 note.
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(2) The first report required by this subsection shall be
submitted not later than 30 days after enactment of this Act.
(3) The reports required by this subsection shall also be
made publicly available in both English and Arabic, including
through the CPA's Internet website.
(b) The Secretary of State, in consultation with the heads
of other relevant Federal agencies, shall submit a report to
the Committees on Appropriations not later than 90 days after
enactment of this Act detailing:
(1) the amount of debt incurred by the Government of
Saddam Hussein in Iraq, the impact forgiveness of such
debt would have on reconstruction and long-term
prosperity in Iraq, and the estimated amount that Iraq
will pay, or that will be paid on behalf of Iraq, to a
foreign country to service such debt during fiscal year
2004;
(2) the efforts of the Government of the United
States to increase resources contributed by foreign
countries and international organizations, including
the United Nations, to the reconstruction and
rehabilitation of Iraq and to increase international
participation in peacekeeping and security efforts in
Iraq;
(3) the manner in which the needs of people with
disabilities are being addressed in the development and
implementation of programs, projects and activities
funded by the United States Government in Iraq and
Afghanistan;
(4) the progress being made toward indicting and
trying leaders of the former Iraqi regime for war
crimes, genocide, and crimes against humanity; and
(5) the efforts of relevant Iraqi officials and legal
advisors to ensure that a new Iraqi constitution
preserves religious freedom and tolerance of all
faiths.
(c) Title III of Public Law 107-327 is amended as follows
by inserting the following new section: * * *
* * * * * * *
TITLE III--SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION \19\
SEC. 3001.\20\ SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION.
(a) Purposes.--The purposes of this section are as follows:
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\19\ Sec. 1203(a)(3)(B) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2079) struck out ``TITLE III--INSPECTOR GENERAL OF THE COALITION
PROVISIONAL AUTHORITY'' and inserted in lieu thereof ``TITLE III--
SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION''.
\20\ 5 U.S.C. app. 8G note. Sec. 1203(a)(3)(A) of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 118 Stat. 2079) struck out ``inspector general of the
coalition provisional authority.'' and inserted in lieu thereof
``special inspector general for iraq reconstruction.'' as the section
heading.
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(1) To provide for the independent and objective
conduct and supervision of audits and investigations
relating to the programs and operations funded with
amounts appropriated or otherwise made available for
the reconstruction of Iraq.\21\
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\21\ Sec. 1221(a) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 371) struck out ``to
the Iraq Relief and Reconstruction Fund'' and inserted in lieu thereof
``for the reconstruction of Iraq''.
Previously, sec. 1203(c)(1) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2079) struck out ``of the Coalition Provisional Authority (CPA)''
and inserted in lieu thereof ``funded with amounts appropriated or
otherwise made available to the Iraq Relief and Reconstruction Fund''.
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(2) To provide for the independent and objective
leadership and coordination of, and recommendations on,
policies designed to--
(A) promote economy efficiency, and
effectiveness in the administration of such
programs and operations; and
(B) prevent and detect waste, fraud,\22\ and
abuse in such programs and operations.
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\22\ Sec. 1203(c)(2) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2079) struck out ``fraud'' and inserted in lieu thereof ``waste,
fraud,''.
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(3) To provide for an independent and objective means
of keeping the Secretary of State and the Secretary of
Defense \23\ fully and currently informed about
problems and deficiencies relating to the
administration of such programs and operations and the
necessity for and progress for corrective action.\24\
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\23\ Sec. 1203(c)(3) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2079) struck out ``the head of the Coalition Provisional Authority''
and inserted in lieu thereof ``the Secretary of State and the Secretary
of Defense''.
\24\ As enrolled. Should probably read ``the necessity for and
progress of corrective action''.
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(b) Office of Inspector General.--There is hereby
established the Office of the Special Inspector General for
Iraq Reconstruction.\25\
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\25\ Sec. 1203(a)(1) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2078) struck out ``Office of the Inspector General of the Coalition
Provisional Authority'' and inserted in lieu thereof ``Office of the
Special Inspector General for Iraq Reconstruction''.
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(c) \26\ Appointment of Inspector General; Removal.--(1)
The head of the Office of the Special Inspector General for
Iraq Reconstruction \25\ is the Special Inspector General for
Iraq Reconstruction (in this section referred to as the
``Inspector General''),\27\ who shall be appointed by the
Secretary of Defense, in consultation with the Secretary of
State.
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\26\ Sec. 1203(b) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2079) provided the following:
``(b) Continuation in Office.--The individual serving as the
Inspector General of the Coalition Provisional Authority as of the date
of the enactment of this Act [October 28, 2004] may continue to serve
in that position after that date without reappointment under paragraph
(1) of section 3001(c) of the Emergency Supplemental Appropriations Act
for Defense and for the Reconstruction of Iraq and Afghanistan, 2004,
but remaining subject to removal as specified in paragraph (4) of that
section.''.
\27\ Sec. 1203(a)(2) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2078) struck out ``Inspector General of the Coalition Provisional
Authority'' and inserted in lieu thereof ``Special Inspector General
for Iraq Reconstruction (in this section referred to as the `Inspector
General')''.
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(2) The appointment of Inspector General shall be made
solely on the basis of integrity and demonstrated ability in
accounting, auditing, financial analysis, law, management
analysis, public administration, or investigations.
(3) The nomination of an individual as Inspector General
shall be made not later than 30 days after the date of the
enactment of this Act.
(4) The Inspector General shall be removable from office in
accordance with the provisions of section 3(b) of the Inspector
General Act of 1978 (5 U.S.C. App.).
(5) For purposes of section 7324 of title 5, United States
Code, the Inspector General shall not be considered an employee
who determines policies to be pursued by the United States in
the nationwide administration of Federal law.
(6) The annual rate of basic pay of the Inspector General
shall be the annual rate of basic pay provided for positions at
level IV of the Executive Schedule under section 5315 of title
5, United States Code.
(d) Assistant Inspectors General.--The Inspector General
shall, in accordance with applicable laws and regulations
governing the civil service--
(1) appoint an Assistant Inspector General for
Auditing who shall have the responsibility for
supervising the performance of auditing activities
relating to programs and operations supported by
amounts appropriated or otherwise made available for
the reconstruction of Iraq; \28\ and
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\28\ Sec. 1221(b) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 371) struck out ``the
Iraq Relief and Reconstruction Fund'' and inserted in lieu thereof
``amounts appropriated or otherwise made available for the
reconstruction of Iraq''.
Previously, sec. 1203(d) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2079) struck out ``of the Coalition Provisional Authority'' and
inserted in lieu thereof ``supported by the Iraq Relief and
Reconstruction Fund''.
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(2) appoint an Assistant Inspector General for
Investigations who shall have the responsibility for
supervising the performance of investigative activities
relating to such programs and operations.
(e) Supervision.--(1) Except as provided in paragraph (2),
the Inspector General shall report directly to, and be under
the general supervision of, the Secretary of State and the
Secretary of Defense.\29\
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\29\ Sec. 1203(e)(1)(A) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2079) struck out ``the head of the Coalition Provisional Authority''
and inserted in lieu thereof ``the Secretary of State and the Secretary
of Defense''.
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(2) No officer \30\ of the Department of Defense, the
Department of State, or the United States Agency for
International Development shall prevent or prohibit the
Inspector General from initiating, carrying out, or completing
any audit or investigation related to amounts appropriated or
otherwise made available for the reconstruction of Iraq \31\ or
from issuing any subpoena during the course of any such \32\
audit or investigation.
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\30\ Sec. 1203(e)(1)(B)(i) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2079) struck out ``Neither the head of the Coalition Provisional
Authority, any other officer of the Coalition Provisional Authority,
nor any other officer'' and inserted in lieu thereof ``No officer''.
\31\ Sec. 1221(c) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 371) struck out ``the
Iraq Relief and Reconstruction Fund'' and inserted in lieu thereof
``amounts appropriated or otherwise made available for the
reconstruction of Iraq''.
\32\ Sec. 1203(e)(1)(B)(ii) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2079) struck out ``investigation, or from issuing any subpoena
during the course of any'' and inserted in lieu thereof ``investigation
related to the Iraq Relief and Reconstruction Fund or from issuing any
subpoena during the course of any such''. See also, however, note,
above.
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(f) Duties.--(1) It shall be the duty of the Inspector
General to conduct, supervise, and coordinate audits and
investigations of the treatment, handling, and expenditure of
amounts appropriated or otherwise made available for the
reconstruction of Iraq,\33\ and of the programs, operations,
and contracts carried out utilizing such funds, including--
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\33\ Sec. 1221(d) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 372) struck out ``to
the Iraq Relief and Reconstruction Fund'' and inserted in lieu thereof
``for the reconstruction of Iraq''.
Previously, sec. 1203(f)(1) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2080) struck out ``appropriated funds by the Coalition
Provisional Authority in Iraq'' and inserted in lieu thereof ``amounts
appropriated or otherwise made available to the Iraq Relief and
Reconstruction Fund''.
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(A) the oversight and accounting of the obligation
and expenditure of such funds;
(B) the monitoring and review of reconstruction
activities funded by such funds;
(C) the monitoring and review of contracts funded by
such funds;
(D) the monitoring and review of the transfer of such
funds and associated information between and among
departments, agencies, and entities of the United
States and \34\ private and nongovernmental entities;
and
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\34\ Sec. 1203(f)(2) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2080) struck out ``the Coalition Provisional Authority, other
departments, agencies, and entities of the Federal Government, and''
and inserted in lieu thereof ``departments, agencies, and entities of
the United States and''.
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(E) the maintenance of records on the use of such
funds to facilitate future audits and investigations of
the use of such funds.
(2) The Inspector General shall establish, maintain, and
oversee such systems, procedures, and controls as the Inspector
General considers appropriate to discharge the duty under
paragraph (1).
(3) In addition to the duties specified in paragraphs (1)
and (2), the Inspector General shall also have the duties and
responsibilities of inspectors general under the Inspector
General Act of 1978.
(4) \35\ In carrying out the duties, responsibilities, and
authorities of the Inspector General under this section, the
Inspector General shall coordinate with, and receive the
cooperation of, each of the following:
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\35\ Sec. 1203(g) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2080) struck out paras. (4) and (5), and inserted a new para. (4).
Paras. (4) and (5) previously read as follows:
``(4) In carrying out the duties, responsibilities, and authorities
of the Inspector General under this section, the Inspector General
shall coordinate with, and receive the cooperation of, the Inspector
General of the Department of Defense.
``(5) In carrying out the duties, and responsibilities, and
authorities of the Inspector General under this section, the Inspector
General shall coordinate with, and receive the cooperation of the
Inspector General of the United States Agency for International
Development.''.
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(A) The Inspector General of the Department of State.
(B) The Inspector General of the Department of
Defense.
(C) The Inspector General of the United States Agency
for International Development.
(g) Powers and Authorities.--(1) In carrying out the duties
specified in subsection (f), the Inspector General shall have
the authorities provided in section 6 of the Inspector General
Act of 1978, including the authorities under subsection (e) of
such section.\36\
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\36\ Sec. 1203(h) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2080) inserted ``, including the authorities under subsection (e) of
such section''.
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(2) The Inspector General shall carry out the duties
specified in subsection (f)(1) in accordance with section
4(b)(1) of the Inspector General Act of 1978.
(h) Personnel, Facilities, and Other Resources.--(1) The
Inspector General may select, appoint, and employ such officers
and employees as may be necessary for carrying out the duties
of the Inspector General, subject to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and the provisions of chapter 51 and subchapter III of
chapter 53 of such title, relating to classification and
General Schedule pay rates, and may exercise the authorities of
subsections (b) through (i) of section 3161 of title 5, United
States Code (without regard to subsection (a) of such
section).\37\
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\37\ Sec. 1221(e)(1) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 372) inserted ``, and
may exercise the authorities of subsections (b) through (i) of section
3161 of title 5, United States Code (without regard to subsection (a)
of such section)'' after ``pay rates''.
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(2) The Inspector General may obtain services as authorized
by section 3109 of title 5, United States Code, at daily rates
not to exceed the equivalent rate prescribed for grade GS-15 of
the General Schedule by section 5332 of such title.
(3) To the extent and in such amounts as may be provided in
advance by appropriations Acts, the Inspector General may enter
\38\ into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with
private persons, and make such payments as may be necessary to
carry out the duties of the Inspector General.
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\38\ Sec. 1221(e)(2) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 372) struck out ``my
enter'' and inserted in lieu thereof ``may enter''.
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(4)(A) Upon request of the Inspector General for
information or assistance from any department, agency, or other
entity of the Federal Government, the head of such entity
shall, insofar as is practicable and not in contravention of
any existing law, furnish such information or assistance to the
Inspector General, or an authorized designee.
(B) Whenever information or assistance requested by the
Inspector General is, in the judgment of the Inspector General,
unreasonably refused or not provided, the Inspector General
shall report the circumstances to the Secretary of State or
Secretary of Defense, as appropriate,\39\ and to the
appropriate committees of Congress without delay.
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\39\ Sec. 1203(e)(2)(A) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2079) struck out ``head of the Coalition Provisional Authority'' and
inserted in lieu thereof ``Secretary of State or Secretary of Defense,
as appropriate,''.
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(5) The Secretary of State or Secretary of Defense, as
appropriate,\39\ shall provide the Inspector General with
appropriate and adequate office space within the Department of
Defense or at appropriate locations of the Department of State
in Iraq,\40\ together with such equipment, office supplies, and
communications facilities and services as may be necessary for
the operation of such offices, and shall provide necessary
maintenance services for such offices and the equipment and
facilities located therein.
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\40\ Sec. 1203(e)(2)(B) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2079), as amended by sec. 1071(g)(13) of Public Law 109-364 (120 Stat.
2403), struck out ``at the central and field office locations of the
Coalition Provisional Authority'' and inserted in lieu thereof ``within
the Department of Defense or at appropriate locations of the Department
of State in Iraq''.
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(i) Reports.--(1) Not later than 30 days after the end of
each fiscal-year quarter, the Inspector General shall submit to
the appropriate committees of Congress a report summarizing,
for the period of that quarter and, to the extent possible, the
period from the end of such quarter to the time of the
submission of the report, the activities during such period of
the Inspector General and the activities under programs and
operations funded with amounts appropriated or otherwise made
available for the reconstruction of Iraq.\41\, \42\
Each report shall include, for the period covered by such
report, a detailed statement of all obligations, expenditures,
and revenues associated with reconstruction and rehabilitation
activities in Iraq, including the following:
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\41\ Sec. 1221(f) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 372) struck out ``to
the Iraq Relief and Reconstruction Fund'' each place it appeared in
subsec. (i), and inserted in lieu thereof ``for the reconstruction of
Iraq''.
\42\ Sec. 1203(i)(1)(A) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2080) struck out ``Not later than March 30, 2004, and every calendar
quarter thereafter, the Inspector General shall submit to the
appropriate committees of Congress a report summarizing the activities
of the Inspector General and the Coalition Provisional Authority during
the 120-day period ending on the date of such report.'' and inserted in
lieu thereof ``Not later than 30 days after the end of each fiscal-year
quarter, the Inspector General shall submit to the appropriate
committees of Congress a report summarizing, for the period of that
quarter and, to the extent possible, the period from the end of such
quarter to the time of the submission of the report, the activities
during such period of the Inspector General and the activities under
programs and operations funded with amounts appropriated or otherwise
made available to the Iraq Relief and Reconstruction Fund.''.
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(A) Obligations and expenditures of appropriated
funds.
(B) A project-by-project and program-by-program
accounting of the costs incurred to date for the
reconstruction of Iraq, together with the estimate of
the Department of Defense, the Department of State, and
the United States Agency for International Development,
as applicable,\43\ of the costs to complete each
project and each program.
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\43\ Sec. 1203(i)(1)(B) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2081) struck out ``the Coalition Provisional Authority'' and inserted
in lieu thereof ``the Department of Defense, the Department of State,
and the United States Agency for International Development, as
applicable,''.
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(C) Revenues attributable to or consisting of funds
provided by foreign nations or international
organizations, and any obligations or expenditures of
such revenues.
(D) Revenues attributable to or consisting of foreign
assets seized or frozen, and any obligations or
expenditures of such revenues.
(E) Operating expenses of agencies \44\ or entities
receiving amounts appropriated or otherwise made
available for the reconstruction of Iraq.\45\
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\44\ Sec. 1203(i)(1)(C)(i) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2081) struck out ``the Coalition Provisional Authority and of any
other'' preceding ``agencies''.
\45\ Sec. 1203(i)(1)(C)(ii) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2081) struck out ``appropriated funds'' and inserted in lieu
thereof ``amounts appropriated or otherwise made available to the Iraq
Relief and Reconstruction Fund''. Sec. 1221(f) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
372) struck out ``to the Iraq Relief and Reconstruction Fund'' and
inserted in lieu thereof ``for the reconstruction of Iraq''.
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(F) In the case of any contract described in
paragraph (2)--
(i) the amount of the contract or other
agreement;
(ii) a brief discussion of the scope of the
contract or other agreement;
(iii) a discussion of how the contracting
department or agency \46\ identified, and
solicited offers from, potential contractors to
perform the contract, together with a list of
the potential contractors that were issued
solicitations for the offers; and
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\46\ Sec. 1203(i)(1)(D) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2081) struck out ``the Coalition Provisional Authority'' and inserted
in lieu thereof ``the contracting department or agency''.
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(iv) the justification and approval documents
on which was based the determination to use
procedures other than procedures that provide
for full and open competition.
(2) A contract described in this paragraph is any major
contract or other agreement that is entered into by any
department or agency of the United States Government that
involves the use of amounts appropriated or otherwise made
available for the reconstruction of Iraq \47\ with any public
or private sector entity for any of the following purposes:
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\47\ Sec. 1203(i)(2) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2081) struck out ``by the Coalition Provisional Authority'' and
inserted in lieu thereof ``by any department or agency of the United
States Government that involves the use of amounts appropriated or
otherwise made available to the Iraq Relief and Reconstruction Fund''.
Sec. 1221(f) of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 372) struck out ``to the Iraq
Relief and Reconstruction Fund'' and inserted in lieu thereof ``for the
reconstruction of Iraq''.
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(A) To build or rebuild physical infrastructure of
Iraq.
(B) To establish or reestablish a political or
societal institution of Iraq.
(C) To provide products or services to the people of
Iraq.
(3) The \48\ Inspector General shall submit to the
appropriate committees of Congress semiannual reports \49\
meeting the requirements of section 5 of the Inspector General
Act of 1978. The first such report for a year, covering the
first six months of the year, shall be submitted not later than
July 31, of that year, and the second such report, covering the
second six months of the year, shall be submitted not later
than January 31, of the following year.\50\
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\48\ Sec. 1203(i)(3)(A) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2081) struck out ``Not later than June 30, 2004, and semiannually
thereafter, the'' and inserted in lieu thereof ``The''.
\49\ Sec. 1203(i)(3)(B) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2081) struck out ``a report'' and inserted in lieu thereof ``semiannual
reports''.
\50\ Sec. 1203(i)(3)(C) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2081) added this sentence.
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(4) The Inspector General shall publish each report under
this subsection in both English and Arabic on the Internet
website of the Department of State and of the Department of
Defense.\51\
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\51\ Sec. 1203(i)(4) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2081) struck out ``of the Coalition Provisional Authority'' and
inserted in lieu thereof ``of the Department of State and of the
Department of Defense''.
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(5) Each report under this subsection may include a
classified annex if the Inspector General considers it
necessary.
(6) Nothing in this subsection shall be construed to
authorize the public disclosure of information that is--
(A) specifically prohibited from disclosure by any
other provision of law;
(B) specifically required by Executive order to be
protected from disclosure in the interest of national
defense or national security or in the conduct of
foreign affairs; or
(C) a part of an ongoing criminal investigation.
(j) Report Coordination.--(1) The Inspector General shall
also submit each report under subsection (i) to the Secretary
of State and the Secretary of Defense.\52\
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\52\ Sec. 1203(e)(3)(A) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2080) struck out ``the head of the Coalition Provisional Authority''
and inserted in lieu thereof ``the Secretary of State and the Secretary
of Defense''.
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(2)(A) Not later than 30 days after receipt of a report
under paragraph (1), the Secretary of State or the Secretary of
Defense \53\ may submit to the appropriate committees of
Congress any comments on the matters covered by the report as
the Secretary of State or the Secretary of Defense, as the case
may be,\54\ considers appropriate.
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\53\ Sec. 1203(e)(3)(B)(i)(I) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2080) struck out ``the head of the Coalition Provisional
Authority'' and inserted in lieu thereof ``the Secretary of State or
the Secretary of Defense''.
\54\ Sec. 1203(e)(3)(B)(i)(II) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2080) struck out ``the head of the Coalition Provisional
Authority'' and inserted in lieu thereof ``the Secretary of State or
the Secretary of Defense, as the case may be,''.
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(B) A report under this paragraph may include a classified
annex if the Secretary of State or the Secretary of Defense, as
the case may be,\55\ considers it necessary.
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\55\ Sec. 1203(e)(3)(B)(ii) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2080) struck out ``the head of the Coalition Provisional
Authority'' and inserted in lieu thereof ``the Secretary of State or
the Secretary of Defense, as the case may be,''.
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(k) Transparency.--(1) Not later than 60 days after the
date of the submittal to Congress of a report under subsection
(i), the Secretary of State and the Secretary of Defense shall
jointly \56\ make copies of such report available to the public
upon request, and at a reasonable cost.
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\56\ Sec. 1203(e)(4) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
2080) struck out ``the head of the Coalition Provisional Authority'' in
each place it appeared in subsec. (k), and inserted in lieu thereof
``the Secretary of State and the Secretary of Defense shall jointly''.
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(2) Not later than 60 days after the date of the submittal
to Congress under subsection (j)(2) of comments on a report
under subsection (i), the Secretary of State and the Secretary
of Defense shall jointly \56\ make copies of such comments
available to the public upon request, and at a reasonable cost.
(l) Waiver.--(1) The President may waive the requirement
under paragraph (1) or (3) of subsection (i) for the inclusion
in a report under such paragraph of any element otherwise
provided for under such paragraph if the President determines
that the waiver is justified for national security reasons.
(2) The President shall publish a notice of each waiver
made under this subsection in the Federal Register no later
than the date on which the reports required under paragraph (1)
or (3) of subsection (i) are submitted to Congress. The reports
required under paragraph (1) or (3) of subsection (i) shall
specify whether waivers under this subsection were made and
with respect to which elements.
(m) \57\ Definitions.--In this section--\58\
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\57\ Sec. 1221(g)(1) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 372) struck out
``Appropriate Committees of Congress Defined'' and inserted in lieu
thereof ``Definitions'' in the subsection heading.
\58\ Sec. 1221(g) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 372) struck out ``In
this section, the term'' and inserted in lieu thereof ``In this
section--'', inserted designation for para. (1) and ``the term'',
redesignated former paras. (1) and (2) as subparas. (A) and (B),
respectively, and added a new para. (2).
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(1) \58\ the term ``appropriate committees of
Congress'' means--
(A) \58\ the Committees on Appropriations,
Armed Services, and Foreign Relations of the
Senate; and
(B) \58\ the Committees on Appropriations,
Armed Services, and Foreign Affairs, and
Oversight and Government Reform \59\ of the
House of Representatives; and \58\
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\59\ Sec. 1221(g)(4) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 372) struck out
``International Relations'' and inserted in lieu thereof ``Foreign
Affairs, and Oversight and Government Reform''. Sec. 1221(g)(5) of that
Act struck out a period at the end of redesignated subpara. (B) and
inserted in lieu thereof ``; and''.
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(2) \58\ the term ``amounts appropriated or otherwise
made available for the reconstruction of Iraq'' means
amounts appropriated or otherwise made available for
any fiscal year--
(A) to the Iraq Relief and Reconstruction
Fund, the Iraq Security Forces Fund, and the
Commanders' Emergency Response Program
authorized under section 1202 of the National
Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3455-3456); or
(B) for assistance for the reconstruction of
Iraq under--
(i) the Economic Support Fund
authorized under chapter 4 of part II
of the Foreign Assistance Act of 1961
(22 U.S.C. 2346 et seq.);
(ii) the International Narcotics
Control and Law Enforcement account
authorized under section 481 of the
Foreign Assistance Act of 1961 (22
U.S.C. 2291); or
(iii) any other provision of law.
(n) Funding.--(1) Of the amounts appropriated for fiscal
year 2004 for the Operating Expenses of the Coalition
Provisional Authority in title II of this Act, $75,000,000
shall be available to carry out this section.
(2) The amount available under paragraph (1) shall remain
available until expended.
(o) \60\ Termination.--(1) The Office of the Inspector
General shall terminate 180 days after the date on which
amounts appropriated or otherwise made available for the
reconstruction of Iraq that are unexpended are less than
$250,000,000.
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\60\ Sec. 1221(h)(1) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 372) amended and
restated para. (1).
Previously, sec. 2 of the Iraq Reconstruction Accountability Act of
2006 (Public Law 109-440; 120 Stat. 3286) amended and restated subsec.
(o) to read as follows, as further amended by Public Law 110-28:
``(o) Termination.--(1)(A) The Office of the Inspector General
shall terminate 10 months after 80 percent of the funds appropriated or
otherwise made available to the Iraq Relief and Reconstruction Fund
have been expended.
``(B) For purposes of calculating the termination of the Office of
the Inspector General under this subsection, any United States funds
appropriated or otherwise made available for fiscal year 2006 or fiscal
year 2007 for the reconstruction of Iraq, irrespective of the
designation of such funds, shall be deemed to be amounts appropriated
or otherwise made available to the Iraq Relief and Reconstruction Fund.
``(2) The Special Inspector General for Iraq Reconstruction shall,
prior to the termination of the Office of the Special Inspector General
under paragraph (1), prepare a final forensic audit report on all funds
deemed to be amounts appropriated or otherwise made available to the
Iraq Relief and Reconstruction Fund.''.
Previously, sec. 1054(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat.
2397) amended and restated subsec. (o) to read as follows:
``(o) Termination.--The Office of the Inspector General shall
terminate on October 1, 2007, with transition operations authorized to
continue through December 31, 2007.''.
As previously amended by sec. 1203(j) of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public Law
108-375; 118 Stat. 2081), and further amended by sec. 599 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2240), subsec.
(o) read as follows:
``(o) Termination.--The Office of the Inspector General shall
terminate on the date that is 10 months after the date, as determined
by the Secretary of State and the Secretary of Defense, on which 80
percent of the amounts appropriated or otherwise made available to the
Iraq Relief and Reconstruction Fund by chapter 2 of title II of this
Act have been expended.''.
As originally enacted, the subsection read as follows:
``(o) The Office of Inspector General shall terminate 6 months
after the authorities and duties of the Coalition Provisional Authority
cease to exist.''.
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(2) The Special Inspector General for Iraq Reconstruction
shall, prior to the termination of the Office of the Special
Inspector General under paragraph (1), prepare a final forensic
audit report on all \61\ amounts appropriated or otherwise made
available for the reconstruction of Iraq.\62\
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\61\ Sec. 1221(h)(2)(A) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 372) struck out
``funds deemed to be'' after ``report on all''.
\62\ Sec. 1221(h)(2)(B) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 373) struck out
``to the Iraq Relief and Reconstruction Fund'' and inserted in lieu
thereof ``for the reconstruction of Iraq''.
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TITLE IV--GENERAL PROVISIONS, THIS ACT
Sec. 4001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 4002. The amounts provided in this Act are designated
by the Congress as an emergency requirement pursuant to section
502 of H. Con. Res. 95 (108th Congress).
* * * * * * *
This Act may be cited as the ``Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of
Iraq and Afghanistan, 2004''.
n. Emergency Wartime Supplemental Appropriations Act, 2003
Partial text of Public Law 108-11 [H.R. 1559], 117 Stat. 559, approved
April 16, 2003; 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 Public
Law 109-472 [Department of State Authorities Act of 2006; H.R. 6060],
120 Stat. 3554, approved January 11, 2007
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 5
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
* * * * * * *
OTHER BILATERAL ECONOMIC ASSISTANCE
* * * * * * *
Loan Guarantees to Israel
During the period beginning March 1, 2003, and ending
September 30, 2011,\1\ 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, 2011,\2\ the
authority to issue the balance of such guarantees shall extend
to the subsequent fiscal year: Provided further, That
guarantees may be issued under this section only to support
activities in the geographic areas which were subject to the
administration of the Government of Israel before June 5, 1967:
Provided further, That the amount of guarantees that may be
issued shall be reduced by an amount equal to the amount
extended or estimated to have been extended by the Government
of Israel during the period from March 1, 2003, to the date of
issue of the guarantee, for activities which the President
determines are inconsistent with the objectives and
understandings reached between the United States and the
Government of Israel regarding the implementation of the loan
guarantee program: Provided further, That the President shall
submit a report to Congress no later than September 30 of each
fiscal year during the pendency of the program specifying the
amount calculated under the preceding proviso and that will be
deducted from the amount of guarantees authorized to be issued
in the next fiscal year: Provided further, That the interest
rate for loans guaranteed under this heading may include a
reasonable fee to cover the costs and fees incurred by the
borrower in connection with this program or financing under
this heading in the event the borrower elects not to finance
such costs or fees out of loan principal: Provided further,
That no appropriations under this heading are available for the
subsidy costs for these loan guarantees: Provided further, That
the Government of Israel will pay the cost, as defined in
section 502 of the Federal Credit Reform Act of 1990, as
amended, including any non-payment exposure risk, associated
with the loan guarantees issued in any fiscal year, on a pro
rata basis as each guarantee is issued during that year:
Provided further, That all fees (as defined in section 601(e)
of Public Law 102-391) associated with the loan guarantees
shall be paid by the Government of Israel to the Government of
the United States: Provided further, That funds made available
for assistance to Israel under chapter 4 of part II of the
Foreign Assistance Act of 1961, as amended, may be utilized by
the Government of Israel to pay such fees to the United States
Government: Provided further, That the President shall
determine the terms and conditions for issuing guarantees,
taking into consideration the budgetary and economic reforms
undertaken by Israel: Provided further, That if the President
determines that these terms and conditions have been breached,
the President may suspend or terminate the provision of all or
part of the loan guarantees not yet issued under this heading.
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\1\ Sec. 13(b)(1) of the Department of State Authorities Act of
2006 (Public Law 109-472; 120 Stat. 3560) struck out ``September 30,
2007'' and inserted in lieu thereof ``September 30, 2011''. Previously,
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. 3008) 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''.
\2\ Sec. 13(b)(2) of the Department of State Authorities Act of
2006 (Public Law 109-472; 120 Stat. 3560) struck out ``September 30,
2007'' and inserted in lieu thereof ``September 30, 2011''. Previously,
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. 3008) struck out ``That if less than the full amount of
guarantees authorized to be made available is issued prior to September
30, 2005,'' and inserted in lieu thereof ``That if less than the full
amount of guarantees authorized to be made available is issued prior to
September 30, 2007,''.
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* * * * * * *
GENERAL PROVISIONS, THIS CHAPTER
* * * * * * *
Sec. 1503.\3\ 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
\4\ 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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\3\ 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.''.
\4\ Sec. 2204 of Public Law 108-106 (117 Stat. 1230) struck out
``equipment'' and inserted in lieu thereof ``equipment, including
equipment''.
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Sec. 1504. Notwithstanding any other provision of law, the
President may authorize the export to Iraq of any nonlethal
military equipment controlled under the International
Trafficking in Arms Regulations on the United States Munitions
List established pursuant to section 38 of the Arms Export
Control Act (22 U.S.C. 2778), if the President determines and
notifies within 5 days prior to export the Committee on
Appropriations of each House of the Congress, the Committee on
Foreign Relations of the Senate, and the Committee on
International Relations of the House of Representatives that
the export of such nonlethal military equipment is in the
national interest of the United States: Provided, That, subject
to the notification requirements of this section, exports may
be authorized of lethal military equipment designated by the
Secretary of State for use by a reconstituted (or interim)
Iraqi military or police force, and of small arms designated by
the Secretary of State for use for private security purposes:
\5\ 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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\5\ Sec. 2205 of Public Law 108-106 (117 Stat. 1230) amended and
restated the first proviso, which formerly read as follows: ``Provided,
That the limitation regarding nonlethal military equipment shall not
apply to military equipment designated by the Secretary of State for
use by a reconstituted (or interim) Iraqi military or police force:''.
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* * * * * * *
This Act may be cited as the ``Emergency Wartime
Supplemental Appropriations Act, 2003''.
o. Kenneth M. Ludden Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2002
Partial text of Public Law 107-115 [H.R. 2506], 115 Stat. 2118,
approved January 10, 2002
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 2002, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2002, and for other purposes, namely:
* * * * * * *
TITLE II--BILATERAL ECONOMIC ASSISTANCE
* * * * * * *
Other Bilateral Economic Assistance
assistance for the independent states of the former soviet union
(a)-(f) * * *
(g)(1) Section 907 of the FREEDOM Support Act shall not
apply to--
(A) activities to support democracy or assistance
under title V of the FREEDOM Support Act and section
1424 of Public Law 104-201 \1\ or non-proliferation
assistance;
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\1\ Sec. 1424 of the Defense Against Weapons of Mass Destruction
Act of 1996 (title XIV of Public Law 104-201; 50 U.S.C. 2301 note)
relates to international border security among the states of the former
Soviet Union, the Baltic States, and other countries of Eastern Europe.
For text, see Legislation on Foreign Relations Through 2008, vol. II-B.
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(B) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421);
(C) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(D) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et
seq.);
(E) any financing provided under the Export-Import
Bank Act of 1945; or
(F) humanitarian assistance.
(2) \2\ The President may waive section 907 of the FREEDOM
Support Act if he determines and certifies to the Committees on
Appropriations that to do so--
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\2\ 22 U.S.C. 5812 note. On January 25, 2002, the President issued
a memorandum for the Secretary of State, in which he determined that a
waiver of sec. 907: ``is necessary to support U.S. efforts to counter
international terrorism; is necessary to support the operational
readiness of U.S. Armed Forces or coalition partners to counter
international terrorism; is important to Azerbaijan's border security;
and will not undermine or hamper ongoing efforts to negotiate a
peaceful settlement between Armenia and Azerbaijan or be used for
offensive purposes against Armenia. Accordingly, I hereby waive section
907 of the FREEDOM Support Act.'' (Presidential Determination No. 2002-
06; 67 F.R. 5921).
The waiver was extended and restated in Presidential Determination
No. 2003-12 of January 17, 2003 (68 F.R. 3803); Presidential
Determination No. 2004-18 of December 30, 2003 (69 F.R. 2057);
Presidential Determination No. 2005-18 of January 13, 2005 (70 F.R.
3853); and Department of State Public Notice 6143 of March 7, 2008 (73
F.R. 15253).
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(A) is necessary to support United States efforts to
counter international terrorism; or
(B) is necessary to support the operational readiness
of United States Armed Forces or coalition partners to
counter international terrorism; or
(C) is important to Azerbaijan's border security; and
(D) will not undermine or hamper ongoing efforts to
negotiate a peaceful settlement between Armenia and
Azerbaijan or be used for offensive purposes against
Armenia.
(3) \2\ The authority of paragraph (2) may only be
exercised through December 31, 2002.
(4) \2\ The President may extend the waiver authority
provided in paragraph (2) on an annual basis on or after
December 31, 2002 if he determines and certifies to the
Committees on Appropriations in accordance with the provisions
of paragraph (2).
(5) \2\ The Committees on Appropriations shall be consulted
prior to the provision of any assistance made available
pursuant to paragraph (2).
(6) \2\ Within 60 days of any exercise of the authority
under paragraph (2) the President shall send a report to the
appropriate congressional committees specifying in detail the
following--
(A) the nature and quantity of all training and
assistance provided to the Government of Azerbaijan
pursuant to paragraph (2);
(B) the status of the military balance between
Azerbaijan and Armenia and the impact of United States
assistance on that balance; and
(C) the status of negotiations for a peaceful
settlement between Armenia and Azerbaijan and the
impact of United States assistance on those
negotiations.
* * * * * * *
kenneth m. ludden
Sec. 592. This Act may be cited as the Kenneth M. Ludden
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, Fiscal Year 2002.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002''.
p. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2001
Partial text of H.R. 5526, as introduced on October 24, 2000, enacted
by reference in sec. 101(a) of Public Law 106-429 [H.R. 4811], 114
Stat. 1900, approved November 6, 2000; as amended by Public Law 107-115
[Kenneth M. Ludden Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2002; H.R. 2506], 115 Stat. 2118, approved
January 10, 2002; Public Law 109-199 [Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2004; H.J. Res. 2],
117 Stat. 3 at 143, approved January 23, 2004; Public Law 108-447
[Consolidated Appropriations Act, 2005; H.R. 4818], 118 Stat. 2809,
approved December 8, 2004; and Public Law 110-161 [Consolidated
Appropriations Act, 2008 [H.R. 2764], 121 Stat. 1844, approved December
26, 2007
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 2001, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Section 101.\1\ (a) The provisions of H.R. 5526 of the
106th Congress, as introduced on October 24, 2000, are hereby
enacted into law.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2151u note.
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(b) In publishing this Act in slip form and in the United
States Statutes at Large pursuant to section 112 of title 1,
United States Code, the Archivist of the United States shall
include after the date of approval at the end an appendix
setting forth the text of the bill referred to in subsection
(a) of this section.
* * * * * * *
APPENDIX A--H.R. 5526
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2001, and for other purposes, namely:
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
indochinese parolees
Sec. 586.\2\ (a) The status of certain aliens from Vietnam,
Cambodia, and Laos described in subsection (b) of this section
may be adjusted by the Secretary of Homeland Security,\3\ under
such regulations as the Secretary of Homeland Security \4\ may
prescribe, to that of an alien lawfully admitted permanent
residence if--
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\2\ 8 U.S.C. 1255 note. Several amendments were made to this
section in sec. 534(m) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (division D of Public Law
108-447; 118 Stat. 2809), para. (7) (8 U.S.C. 1255 note) of which
provided as follows:
``(7) The amendments made by this subsection shall take effect as
if enacted as part of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2001.''.
\3\ Sec. 534(m)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (division D of Public Law
108-447; 118 Stat. 2809), struck out ``Attorney General'' and inserted
in lieu thereof ``Secretary of Homeland Security'' throughout sec. 586.
\4\ Sec. 534(m)(2)(A) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2005 (division D of Public Law
108-447; 118 Stat. 2809), struck out ``she'' and inserted in lieu
thereof ``the Secretary of Homeland Security''.
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(1) \5\ the alien makes an application for such
adjustment and pays the appropriate fee;
---------------------------------------------------------------------------
\5\ Sec. 534(m)(2)(B) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2005 (division D of Public Law
108-447; 118 Stat. 2809), struck out ``within three years after the
date of promulgation by the Secretary of Homeland Security of
regulations in connection with this title'' at the beginning of para.
(1). The amendment refers to ``Attorney General'', not taking into
consideration the amendment that incorporated the reference to
``Secretary of Homeland Security''.
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(2) the alien is otherwise eligible to receive an
immigrant visa and is otherwise admissible to the
United States for permanent residence except as
described in subsection (c); and
(3) the alien had been physically present in the
United States prior to October 1, 1997.
(b) The benefits provided by subsection (a) shall apply to
any alien who is a native or citizen of Vietnam, Laos, or
Cambodia and who was inspected and paroled into the United
States before October 1, 1997 and was physically present in the
United States on October 1, 1997; and
(1) was paroled into the United States from Vietnam
under the auspices of the Orderly Departure Program; or
(2) was paroled into the United States from a refugee
camp in East Asia; or
(3) was paroled into the United States from a
displaced person camp administered by the United
Nations High Commissioner for Refugees in Thailand.
(c) Waiver of Certain Grounds for Inadmissibility.--The
provisions of paragraph (4), (5), and (7)(A) and (9) of section
212(a) of the Immigration and Nationality Act shall not be
applicable to any alien seeking admission to the United States
under this subsection, and nothwithstanding \6\ any other
provision of law, the Secretary of Homeland Security \3\ may
waive 212(a)(1); 212(a)(6)(B), (C), and (F); 212(a)(8)(A); \7\
212(a)(10)(B) and (D) with respect to such an alien in order to
prevent extreme hardship to the alien or the alien's spouse,
parent, son or daughter, who is a citizen of the United States
or an alien lawfully admitted for permanent residence. Any such
waiver by the Secretary of Homeland Security \3\ shall be in
writing and shall be granted only on an individual basis
following an investigation.
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\6\ As enrolled. Should read ``notwithstanding''.
\7\ Sec. 534(m)(3) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (division D of Public Law
108-447; 118 Stat. 2809), struck out ``212(8)(A)'' and inserted in lieu
thereof ``212(a)(8)(A)''.
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(d) \8\ Date of Approval.--Upon the approval of such an
application for adjustment of status, the Secretary of Homeland
Security \3\ shall create a record of the alien's admission as
a lawful permanent resident as of the date of the alien's
inspection and parole described in subsection (b)(1), (b)(2)
and (b)(3).
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\8\ Sec. 534(m)(4) and (5) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2005 (division D of
Public Law 108-447; 118 Stat. 2809), struck out subsec. (d) and
redesignated subsecs. (e) and (f) as subsecs. (d) and (e),
respectively. Former subsec. (d) read as follows:
``(d) Ceiling.--The number of aliens who may be provided adjustment
of status under this provision shall not exceed 5,000.''.
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(e) \8\ No Offset in Number of Visas Available.--When an
alien is granted the status of having been lawfully admitted
for permanent residence under this section the Secretary of
State shall not be required to reduce the number of immigrant
visas authorized to be issued under the Immigration and
Nationality Act.
(f) \9\ Adjudication of Applications.--The Secretary of
Homeland Security shall--
---------------------------------------------------------------------------
\9\ Sec. 534(m)(6) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (division D of Public Law
108-447; 118 Stat. 2809), added subsec. (f).
---------------------------------------------------------------------------
(1) adjudicate application for adjustment under this
section, notwithstanding any limitation on the number
of adjustments under this section or any deadline for
such applications that previously existed in law or
regulation; and
(2) not charge a fee in addition to any fee that
previously was submitted with such application.
* * * * * * *
TITLE VIII--INTERNATIONAL DEBT FORGIVENESS AND INTERNATIONAL FINANCIAL
INSTITUTIONS REFORM
SEC. 801. DEBT RELIEF UNDER THE HEAVILY INDEBTED POOR COUNTRIES (HIPC)
INITIATIVE.
(a) Repeal of Limitation on Availability of Earnings on
Profits of Nonpublic Gold Sales.--Paragraph (1) of
section 62 of the Bretton Woods Agreements Act, as added by
section 503(a) of H.R. 3425 of the 106th Congress (as
enacted by section 1000(a)(5) of Public Law 106-113 (113 Stat.
1536)), is amended--* * * \10\
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\10\ For amended text, see Legislation on Foreign Relations Through
2008, vol. III.
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(b) Contributions to HIPC Trust Fund.--
(1) Authorization of appropriations for
contributions.--There is authorized to be appropriated
(i) \11\ for the period beginning October 1, 2000, and
ending September 30, 2003, $600,000,000 \12\ for
purposes of United States contributions to the Heavily
Indebted Poor Countries (HIPC) Trust Fund administered
by the Bank; and (ii) \11\ for fiscal years 2004-
2010,\13\ not more than $150,000,000, for purposes of
additional United States contributions to the HIPC
Trust Fund administered by the Bank, which are
authorized to remain available until expended.
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\11\ Sec. 591(a) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (division D of Public Law
108-447; 118 Stat. 2809), added ``(i)'' after ``appropriated''; and
added clause (ii).
\12\ Sec. 583 of the Kenneth M. Ludden Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002 (Public Law
107-115; 115 Stat. 2118), struck out ``$435,000,000'' and inserted in
lieu thereof ``$600,000,000''.
\13\ Sec. 699H(b)(2) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008 (division J
of Public Law 110-161; 121 Stat. 2372) struck out ``fiscal years 2004-
2006'' and inserted in lieu thereof ``fiscal years 2004-2010'' in
clause (ii).
Previously, sec. 20411 of the Continuing Appropriations Resolution,
2007 (Public Law 109-289; as amended by Public Law 110-5; 121 Stat.
25), stated that: ``The authority provided by section 801(b)(1)(ii) of
Public Law 106-429 shall apply to fiscal year 2007.''.
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(2) Availability of amounts.--Amounts appropriated
pursuant to the authorization of appropriations in
paragraph (1) shall remain available until expended.
(c) Certification Required.--
(1) In general.--Except as provided in paragraph (2),
not later than 30 days after the date of enactment of
this Act, the Secretary shall certify to the
appropriate congressional committees that the following
requirements are satisfied:
(A) Implementation by the bank of certain
policies.--The Bank is implementing--
(i) policies providing for the
suspension of a loan if funds are being
diverted for purposes other than the
purpose for which the loan was
intended;
(ii) policies seeking to prevent
loans from displacing private sector
financing;
(iii) policies requiring that loans
other than project loans must be
disbursed--
(I) on the basis of specific
prior reforms; or
(II) incrementally upon
implementation of specific
reforms after initial
disbursement;
(iv) policies seeking to minimize the
number of projects receiving financing
that would displace a population
involuntarily or be to the detriment of
the people or culture of the area into
which the displaced population is to be
moved;
(v) policies vigorously promoting
open markets and liberalization of
trade in goods and services;
(vi) policies providing that
financing by the Bank concentrates
chiefly on projects and programs that
promote economic and social progress
rather than short-term liquidity
financing; and
(vii) policies providing for the
establishment of appropriate
qualitative and quantitative indicators
to measure progress toward graduation
from receiving financing on
concessionary terms, including an
estimated timetable by which countries
may graduate over the next 15 years.
(B) Implementation by the fund of certain
policies.--The Fund is implementing--
(i) policies providing for the
suspension of a financing if funds are
being diverted for purposes other than
the purpose for which the financing was
intended;
(ii) policies seeking to ensure that
financing by the Fund normally serves
as a catalyst for private sector
financing and does not displace such
financing;
(iii) policies requiring that
financing must be disbursed--
(I) on the basis of specific
prior reforms; or
(II) incrementally upon
implementation of specific
reforms after initial
disbursement;
(iv) policies vigorously promoting
open markets and liberalization of
trade in goods and services;
(v) policies providing that financing
by the Fund concentrates chiefly on
short-term balance of payments
financing; and
(vi) policies providing for the use,
in conjunction with the Bank, of
appropriate qualitative and
quantitative indicators to measure
progress toward graduation from
receiving financing on concessionary
terms, including an estimated timetable
by which countries may graduate over
the next 15 years.
(2) Exception.--In the event that the Secretary
cannot certify that a policy described in paragraph
(1)(A) or (1)(B) is being implemented, the Secretary
shall, not later than 30 days after the date of
enactment of this Act, submit a report to the
appropriate congressional committees on the progress,
if any, made by the Bank or the Fund in adopting and
implementing such policy, as the case may be.
SEC. 802. STRENGTHENING PROCEDURES FOR MONITORING USE OF FUNDS BY
MULTILATERAL DEVELOPMENT BANKS.
(a) In General.--The Secretary shall instruct the United
States Executive Director of each multilateral development bank
to exert the influence of the United States to strengthen the
bank's procedures and management controls intended to ensure
that funds disbursed by the bank to borrowing countries are
used as intended and in a manner that complies with the
conditions of the bank's loan to that country.
(b) Progress Evaluation.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to
the appropriate congressional committees a report evaluating
the progress made toward achieving the objectives of subsection
(a), including a description of--
(1) any progress made in improving the supervision,
monitoring, and auditing of programs and projects
supported by each multilateral development bank, in
order to identify and reduce bribery and corruption;
(2) any progress made in developing each multilateral
development bank's priorities for allocating
anticorruption assistance;
(3) country-specific anticorruption programs
supported by each multilateral development bank;
(4) actions taken to identify and discipline
multilateral development bank employees suspected of
knowingly being involved in corrupt activities; and
(5) the outcome of efforts to harmonize procurement
practices across all multilateral development banks.
SEC. 803.\14\ REPORTS ON POLICIES, OPERATIONS, AND MANAGEMENT OF
INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) \15\ * * * [Repealed--2004]
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\14\ 22 U.S.C. 262r-6.
\15\ Sec. 599B(c) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2004 (division D of Public Law
108-199; 118 Stat. 211) repealed subsec. (a). It had read as follows:
``(a) Annual Report on Financial Operations.--Beginning 180 days
after the date of enactment of this Act, or October 31, 2000, whichever
is later, and on October 31 of each year thereafter, the Comptroller
General of the United States shall submit to the appropriate
congressional committees a report on the sufficiency of audits of the
financial operations of each multilateral development bank conducted by
persons or entities outside such bank.''.
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(b) Annual Report on United States Supported Policies.--
Beginning 180 days after the date of enactment of this Act, or
October 31, 2000, whichever is later, and on October 31 of each
year thereafter, the Secretary shall submit a report to the
appropriate congressional committees on--
(1) the actions taken by recipient countries, as a
result of the assistance allocated to them by the
multilateral development banks under programs referred
to in section 802(b), to strengthen governance and
reduce the opportunity for bribery and corruption; and
(2) how International Development Association-
financed projects contribute to the eventual graduation
of a representative sample of countries from reliance
on financing on concessionary terms and international
development assistance.
(c) Amendment of Report on Fund.--Section 1705(a) of the
International Financial Institutions Act (22 U.S.C. 262r-4(a))
is amended--* * * \16\
---------------------------------------------------------------------------
\16\ For amended text, see Legislation on Foreign Relations Through
2008, vol. III.
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(d) Report on Debt Relief.--Not later than 90 days after
the date of enactment of this Act, the Secretary shall submit a
report to the appropriate congressional committees on the
history of debt relief programs led by, or coordinated with,
international financial institutions, including but not limited
to--
(1) the extent to which poor countries and the
poorest-of-the-poor benefit from debt relief, including
measurable evidence of any such benefits; and
(2) the extent to which debt relief contributes to
the graduation of a country from reliance on financing
on concessionary terms and international development
assistance.
SEC. 804. REPEAL OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL
INSTITUTIONS.
Section 209(d) of the Foreign Assistance Act of 1961 (22
U.S.C. 2169(d); relating to bilateral funding for international
financial institutions) is repealed.
SEC. 805. REFOCUSED ACTIVITIES OF THE IMF.
The Bretton Woods Agreement Act is amended by adding the
following new section: * * * \17\
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\17\ Sec. 805 added a new sec. 63 (22 U.S.C. 286oo) to the Bretton
Woods Agreement Act; see Legislation on Foreign Relations Through 2008,
vol. III.
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SEC. 806.\18\ DEFINITIONS.
In this title:
---------------------------------------------------------------------------
\18\ 22 U.S.C. 262r-6 note.
---------------------------------------------------------------------------
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate, and the Committee on
Banking and Financial Services and the Committee on
Appropriations of the House of Representatives.
(2) Bank.--The term ``Bank'' means the International
Bank for Reconstruction and Development.
(3) Fund.--The term ``Fund'' means the International
Monetary Fund.
(4) International financial institutions.--The term
``international financial institutions'' means the
multilateral development banks and the International
Monetary Fund.
(5) Multilateral development banks.--The term
``multilateral development banks'' means the
International Bank for Reconstruction and Development,
the International Development Association, the
International Finance Corporation, the Inter-American
Development Bank, the Asian Development Bank, the
Inter-American Investment Corporation, the African
Development Bank, the African Development Fund, the
European Bank for Reconstruction and Development, and
the Multilateral Investment Guaranty Agency.
(6) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2001''.
q. Emergency Supplemental Act, 2000
Partial text of Public Law 106-246 [H.R. 4425], 114 Stat. 511, approved
July 13, 2000; as amended by Public Law 107-115 [Kenneth M. Ludden
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2002; H.R. 2506], 115 Stat. 2118, approved January
10, 2002; and Public Law 108-199 [Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2004; H.R. 2673], 117 Stat. 3
at 143, approved January 23, 2004
AN ACT Making appropriations for military construction, family housing,
and base realignment and closure for the Department of Defense for the
fiscal year ending September 30, 2001, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
DIVISION B--FISCAL YEAR 2000 SUPPLEMENTAL APPROPRIATIONS
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2000, and for other purposes, namely:
* * * * * * *
TITLE III--COUNTERNARCOTICS
* * * * * * *
CHAPTER 2
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
Department of State
assistance for counternarcotics activities
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 to support Central and South
America and Caribbean counternarcotics activities,
$1,018,500,000, to remain available until expended: Provided,
That of the funds appropriated under this heading, not less
than $110,000,000 shall be made available for assistance for
Bolivia, of which not less than $85,000,000 may be made
available for alternative development and other economic
activities: Provided further, That of the funds appropriated
under this heading, not less than $20,000,000 may be made
available for assistance for Ecuador, of which not less than
$8,000,000 may be made available for alternative development
and other economic activities: Provided further, That of the
funds appropriated under this heading, not less than
$18,000,000 shall be made available for assistance for other
countries in South and Central America and the Caribbean which
are cooperating with United States counternarcotics objectives:
Provided further, That of the funds appropriated under this
heading not less than $60,000,000 shall be made available for
the procurement, refurbishing, and support for UH-1H Huey II
helicopters for the Colombian Army: Provided further, That of
the funds appropriated under this heading, not less than
$234,000,000 shall be made available for the procurement of and
support for UH-60 Blackhawk helicopters for use by the
Colombian Army and the Colombian National Police: Provided
further, That procurement of UH-60 Blackhawk helicopters from
funds made available under this heading shall be managed by the
United States Defense Security Cooperation Agency: Provided
further, That the President shall ensure that if any helicopter
procured with funds under this heading is used to aid or abet
the operations of an illegal self-defense group or illegal
security cooperative, then such helicopter shall be immediately
returned to the United States: Provided further, That of the
amount appropriated under this heading, $2,500,000 shall be
available for a program for the demobilization and
rehabilitation of child soldiers in Colombia: Provided further,
That funds made available under this heading shall be in
addition to amounts otherwise available for such purposes:
Provided further, That section 482(b) of the Foreign Assistance
Act of 1961 shall not apply to funds appropriated under this
heading: Provided further, That the Secretary of State, in
consultation with the Secretary of Defense and the
Administrator of the United States Agency for International
Development, shall provide to the Committees on Appropriations
not later than 30 days after the date of the enactment of this
Act and prior to the initial obligation of any funds
appropriated under this heading, a report on the proposed uses
of all funds under this heading on a country-by-country basis
for each proposed program, project or activity: Provided
further, That at least 20 days prior to the obligation of funds
made available under this heading the Secretary of State shall
inform the Committees on Appropriations: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount provided shall be
available only to the extent an official budget request that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 3201. Conditions on Assistance for Colombia. (a)
Conditions.--
(1) Certification required.--Assistance provided
under this heading may be made available for Colombia
in fiscal years 2000 and 2001 only if the Secretary of
State certifies to the appropriate congressional
committees prior to the initial obligation of such
assistance in each such fiscal year, that--
(A)(i) the President of Colombia has directed
in writing that Colombian Armed Forces
personnel who are credibly alleged to have
committed gross violations of human rights will
be brought to justice in Colombia's civilian
courts, in accordance with the 1997 ruling of
Colombia's Constitutional court regarding
civilian court jurisdiction in human rights
cases; and
(ii) the Commander General of the Colombian
Armed Forces is promptly suspending from duty
any Colombian Armed Forces personnel who are
credibly alleged to have committed gross
violations of human rights or to have aided or
abetted paramilitary groups; and
(iii) the Colombian Armed Forces and its
Commander General are fully complying with
(A)(i) and (ii); and
(B) the Colombian Armed Forces are
cooperating fully with civilian authorities in
investigating, prosecuting, and punishing in
the civilian courts Colombian Armed Forces
personnel who are credibly alleged to have
committed gross violations of human rights;
(C) the Government of Colombia is vigorously
prosecuting in the civilian courts the leaders
and members of paramilitary groups and
Colombian Armed Forces personnel who are aiding
or abetting these groups;
(D) the Government of Colombia has agreed to
and is implementing a strategy to eliminate
Colombia's total coca and opium poppy
production by 2005 through a mix of alternative
development programs; manual eradication;
aerial spraying of chemical herbicides; tested,
environmentally safe mycoherbicides; and the
destruction of illicit narcotics laboratories
on Colombian territory; and
(E) the Colombian Armed Forces are developing
and deploying in their field units a Judge
Advocate General Corps to investigate Colombian
Armed Forces personnel for misconduct.
(2) Consultative process.--The Secretary of State
shall consult with internationally recognized human
rights organizations regarding the Government of
Colombia's progress in meeting the conditions contained
in paragraph (1), prior to issuing the certification
required under paragraph (1).
(3) Application of existing laws.--The same
restrictions contained in section 564 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2000 (Public Law 106-113) and
section 8098 of the Department of Defense
Appropriations Act, 2000 (Public Law 106-79) shall
apply to the availability of funds under this heading.
(4) Waiver.--Assistance may be furnished without
regard to this section if the President determines and
certifies to the appropriate committees that to do so
is in the national security interest.
(b) Definitions.--In this section:
(1) Aiding or abetting.--The term ``aiding or
abetting'' means direct and indirect support to
paramilitary groups, including conspiracy to allow,
facilitate, or promote the activities of paramilitary
groups.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Appropriations and the Committee on
Foreign Relations of the Senate and the Committee on
Appropriations and the Committee on International
Relations of the House of Representatives.
(3) Paramilitary groups.--The term ``paramilitary
groups'' means illegal self-defense groups and illegal
security cooperatives.
(4) Assistance.--The term ``assistance'' means
assistance appropriated under this heading for fiscal
years 2000 and 2001, and provided under the following
provisions of law:
(A) Section 1004 of the National Defense
Authorization Act for Fiscal Year 1991 (Public
Law 101-510; relating to counter-drug
assistance).
(B) Section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public
Law 105-85; relating to counter-drug assistance
to Colombia and Peru).
(C) Section 23 of the Arms Export Control Act
(Public Law 90-629; relating to credit sales).
(D) Section 481 of the Foreign Assistance Act
of 1961 (Public Law 87-195; relating to
international narcotics control).
(E) Section 506 of the Foreign Assistance Act
of 1961 (Public Law 87-195; relating to
emergency drawdown authority).
Sec. 3202. Regional Strategy. (a) Report Required.--Not
later than 60 days after the date of the enactment of this Act,
the President shall submit to the Committee on Foreign
Relations and the Committee on Appropriations of the Senate,
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives, a report on the
current United States policy and strategy regarding United
States counternarcotics assistance for Colombia and neighboring
countries.
(b) Report Elements.--The report required by subsection (a)
shall address the following:
(1) The key objectives of the United States'
counternarcotics strategy in Colombia and neighboring
countries and a detailed description of benchmarks by
which to measure progress toward those objectives.
(2) The actions required of the United States to
support and achieve these objectives, and a schedule
and cost estimates for implementing such actions.
(3) The role of the United States in the efforts of
the Government of Colombia to deal with illegal drug
production in Colombia.
(4) The role of the United States in the efforts of
the Government of Colombia to deal with the insurgency
and paramilitary forces in Colombia.
(5) How the strategy with respect to Colombia relates
to and affects the United States' strategy in the
neighboring countries.
(6) How the strategy with respect to Colombia relates
to and affects the United States' strategy for
fulfilling global counternarcotics goals.
(7) A strategy and schedule for providing material,
technical, and logistical support to Colombia and
neighboring countries in order to defend the rule of
law and to more effectively impede the cultivation,
production, transit, and sale of illicit narcotics.
(8) A schedule for making Forward Operating Locations
(FOL) fully operational, including cost estimates and a
description of the potential capabilities for each
proposed location and an explanation of how the FOL
architecture fits into the overall Strategy.
Sec. 3203. Report on Extradition of Narcotics
Traffickers.--(a) Not later than 6 months after the date of the
enactment of this title, and every 6 months thereafter, during
the period Plan Colombia resources are made available, the
Secretary of State shall submit to the Committee on Foreign
Relations, the Committee on the Judiciary, and the Committee on
Appropriations of the Senate; and the Committee on
International Relations, the Committee on the Judiciary, and
the Committee on Appropriations of the House of Representatives
a report setting forth--
(1) a list of the persons whose extradition has been
requested from any country receiving counternarcotics
assistance from the United States, indicating those
persons who--
(A) have been surrendered to the custody of
United States authorities;
(B) have been detained by the authorities and
who are being processed for extradition;
(C) have been detained by the authorities and
who are not yet being processed for
extradition; or
(D) are at large;
(2) a determination whether authorities of each
country receiving counternarcotics assistance from the
United States are making good faith efforts to ensure
the prompt extradition of each of the persons sought by
United States authorities; and
(3) an analysis of--
(A) any legal obstacles in the laws of each
country receiving counternarcotics assistance
from the United States regarding prompt
extradition of persons sought by United States
authorities; and
(B) the steps taken by authorities of the
United States and the authorities of each
country receiving counternarcotics assistance
from the United States to overcome such
obstacles.
Sec. 3204.\1\ Limitations on Support for Plan Colombia and
on the Assignment of United States Personnel in Colombia. (a)
Limitation on Support for Plan Colombia.--
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\1\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2003 (division E of Public Law
108-7; 117 Stat. 172), provides funding for the Andean Counterdrug
Initiative, including the following proviso:
``Provided further, That the provisions of section 3204(b) through
(d) of Public Law 106-246, as amended by Public Law 107-115, shall be
applicable to funds appropriated for fiscal year 2003:''.
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(1) Limitation.--Except as provided in paragraph (2),
none of the funds appropriated or otherwise made
available by any Act shall be available for support of
Plan Colombia unless and until--
(A) the President submits a report to
Congress requesting the availability of such
funds; and
(B) Congress enacts a joint resolution
approving the request of the President under
subparagraph (A).
(2) Exceptions.--The limitation in paragraph (1) does
not apply to--
(A) appropriations made by this Act, the
Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2001, the
Military Construction Appropriations Act, 2001,
the Commerce, Justice, State and the Judiciary
Appropriations Act, 2001, the Treasury and
General Government Appropriations Act, 2001, or
the Department of Defense Appropriations Act,
2001, for the purpose of support of Plan
Colombia; or
(B) the unobligated balances from any other
program used for their originally appropriated
purpose to combat drug production and
trafficking, foster peace, increase the rule of
law, improve human rights, expand economic
development, and institute justice reform in
the countries covered by Plan Colombia.
(3) Waiver.--The limitations in subsection (a) may be
waived by an Act of Congress.
(b) Limitation on Assignment of United States Personnel in
Colombia.--
(1) Limitation.--Except as provided in paragraph (2),
none of the funds appropriated or otherwise made
available by this or any other Act (including funds
described in subsection (c)) may be available for--
(A) the assignment of any United States
military personnel for temporary or permanent
duty in Colombia in connection with support of
Plan Colombia if that assignment would cause
the number of United States military personnel
so assigned in Colombia to exceed 400; \2\ or
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\2\ Title II, paragraph on Andean Counterdrug Initiative, of the
Kenneth M. Ludden Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2131)
struck out ``500'' and inserted in lieu thereof ``400''.
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(B) the employment of any United States
individual civilian retained as a contractor in
Colombia if that employment would cause the
total number of United States individual
civilian contractors employed in Colombia in
support of Plan Colombia who are funded by
Federal funds to exceed 400.\3\
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\3\ Title II, paragraph on Andean Counterdrug Initiative, of the
Kenneth M. Ludden Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2131)
struck out ``300'' and inserted in lieu thereof ``400''.
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(2) Exception.--The limitation contained in paragraph
(1) shall not apply if--
(A) the President submits a report to
Congress requesting that the limitation not
apply; and
(B) Congress enacts a joint resolution
approving the request of the President under
subparagraph (A).
(c) Waiver.--The President may waive the limitation in
subsection (b)(1) for a single period of up to 90 days in the
event that the Armed Forces of the United States are involved
in hostilities or that imminent involvement by the Armed Forces
of the United States in hostilities is clearly indicated by the
circumstances.
(d) Statutory Construction.--Nothing in this section may be
construed to affect the authority of the President to carry out
any emergency evacuation of United States citizens or any
search or rescue operation for United States military personnel
or other United States citizens.
(e) Report on Support for Plan Colombia.--Not later than
June 1, 2001, and not later than June 1 and December 1 of each
of the succeeding 4 fiscal years, the President shall submit a
report to the appropriate congressional committees \4\ setting
forth any costs (including incremental costs incurred by the
Department of Defense) incurred by any department, agency, or
other entity of the executive branch of Government during the
two previous fiscal quarters in support of Plan Colombia. Each
such report shall provide an itemization of expenditures by
each such department, agency, or entity.
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\4\ Sec. 599B(b) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2004 (division D of Public Law
108-199; 118 Stat. 211) struck out ``Congress'' and inserted in lieu
thereof ``the appropriate congressional committees''.
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(f) \5\ Quarterly Reports.--Beginning within 90 days of the
date of the enactment of this Act, and every 90 \5\ days
thereafter, the President shall submit a report to the
appropriate congressional committees \5\ that shall include the
aggregate number, locations, activities, and lengths of
assignment for all temporary and permanent United States
military personnel and United States individual civilians
retained as contractors involved in the antinarcotics campaign
in Colombia.
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\5\ Sec. 599B(a) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2004 (division D of Public Law
108-199; 118 Stat. 210) (1) struck out ``Bimonthly'' in the subsection
heading and inserted in lieu thereof ``Quarterly''; (2) struck out
``60'' and inserted in lieu thereof ``90''; and (3) struck out
``Congress'' and inserted in lieu thereof ``the appropriate
congressional committees''.
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(g) Congressional Priority Procedures.--
(1) Joint resolutions defined.--
(A) For purposes of subsection (a)(1)(B), the
term ``joint resolution'' means only a joint
resolution introduced not later than 10 days of
the date on which the report of the President
under subsection (a)(1)(A) is received by
Congress, the matter after the resolving clause
of which is as follows: ``That Congress
approves the request of the President for
additional funds for Plan Colombia contained in
the report submitted by the President under
section 3204(a)(1) of the 2000 Emergency
Supplemental Appropriations Act.''.
(B) For purposes of subsection (b)(2)(B), the
term ``joint resolution'' means only a joint
resolution introduced not later than 10 days of
the date on which the report of the President
under subsection (a)(1)(A) is received by
Congress, the matter after the resolving clause
of which is as follows: ``That Congress
approves the request of the President for
exemption from the limitation applicable to the
assignment of personnel in Colombia contained
in the report submitted by the President under
section 3204(b)(2)(B) of the 2000 Emergency
Supplemental Appropriations Act.''.
(2) Procedures.--Except as provided in subparagraph
(B), a joint resolution described in paragraph (1)(A)
or (1)(B) shall be considered in a House of Congress in
accordance with the procedures applicable to joint
resolutions under paragraphs (3) through (8) of section
8066(c) of the Department of Defense Appropriations
Act, 1985 (as contained in Public Law 98-473; 98 Stat.
1936).
(h) Plan Colombia Defined.--In this section, the term
``Plan Colombia'' means the plan of the Government of Colombia
instituted by the administration of President Pastrana to
combat drug production and trafficking, foster peace, increase
the rule of law, improve human rights, expand economic
development, and institute justice reform.
Sec. 3205. (a) Denial of Visas for Persons Credibly Alleged
To Have Aided and Abetted Colombian Insurgent and Paramilitary
Groups.--None of the funds appropriated or otherwise made
available in this Act for any fiscal year for the Department of
State may be used to issue visas to any person who has been
credibly alleged to have provided direct or indirect support to
the Revolutionary Armed Forces of Colombia (FARC), the National
Liberation Army (ELN), or the United Colombian Self Defense
organization (AUC), including conspiracy to allow, facilitate,
or promote the illegal activities of such groups.
(b) Exemption.--Subsection (a) shall not apply if the
Secretary of State finds, on a case-by-case basis, that the
entry into the United States of a person who would otherwise be
excluded under this section is necessary for medical reasons,
or to permit the prosecution of such person in the United
States, or the person has cooperated fully with the
investigation of crimes committed by individuals associated
with the Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN), or the United Colombian Self
Defense organization (AUC).
(c) Waiver.--The President may waive the limitation in
subsection (a) if the President determines that the waiver is
in the national interest.
Sec. 3206. Limitation on Supplemental Funds for Population
Planning.--Amounts appropriated under this division or under
any other provision of law for fiscal year 2000 that are in
addition to the funds made available under title II of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2000 (as enacted into law by section
1000(a)(2) of Public Law 106-113) shall be deemed to have been
appropriated under title II of such Act and shall be subject to
all limitations and restrictions contained in section 599D of
such Act, notwithstanding section 543 of such Act.
Sec. 3207. Declaration of Support. (a) Certification
Required.--Assistance may be made available for Colombia in
fiscal years 2000 and 2001 only if the Secretary of State
certifies to the appropriate congressional committees, before
the initial obligation of such assistance in each such fiscal
year, that the United States Government publicly supports the
military and political efforts of the Government of Colombia,
consistent with human rights conditions in section 3101,
necessary to effectively resolve the conflicts with the
guerrillas and paramilitaries that threaten the territorial
integrity, economic prosperity, and rule of law in Colombia.
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the
following:
(A) The Committees on Appropriations and
Foreign Relations of the Senate.
(B) The Committees on Appropriations and
International Relations of the House of
Representatives.
(2) Assistance.--The term ``assistance'' means
assistance appropriated under this heading for fiscal
years 2000 and 2001, and provided under the following
provisions of law:
(A) Section 1004 of the National Defense
Authorization Act for Fiscal Year 1991 (Public
Law 101-510; relating to counter-drug
assistance).
(B) Section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public
Law 105-85; relating to counter-drug assistance
to Colombia and Peru).
(C) Section 23 of the Arms Export Control Act
(Public Law 90-629; relating to credit sales).
(D) Section 481 of the Foreign Assistance Act
of 1961 (Public Law 87-195; relating to
international narcotics control).
(E) Section 506 of the Foreign Assistance Act
of 1961 (Public Law 87-195; relating to
emergency drawdown authority).
* * * * * * *
This division may be cited as the ``Emergency Supplemental
Act, 2000''.
* * * * * * *
r. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2000
Partial text of H.R. 3422, enacted by reference in sec. 1000(a)(2) of
Public Law 106-113, 113 Stat. 1501 at 1535, approved November 29, 1999;
as amended by Public Law 106-429 [Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2001; H.R. 5526, as introduced
on October 24, 2000, enacted by reference in sec. 101(a) of Public Law
106-429], 114 Stat. 1900, approved November 6, 2000; Public Law 107-115
[Kenneth M. Ludden Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2002; H.R. 2506], 115 Stat. 2118, approved
January 10, 2002; and Public Law 108-7 [Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2003; H.J. Res. 2],
117 Stat. 11, approved February 20, 2003
A BILL Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 2000, and
for other purposes.
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Note.--Fiscal year 1999 appropriations were continued into fiscal year 2000 in Public Law 106-62 (113
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Note.--Sec. 301 of the Miscellaneous Appropriations Act (H.R. 3425 enacted by reference in sec.
``Sec. 301. (a) Government-wide Rescissions.--There is hereby rescinded an amount equal to 0.38
percent of the discretionary budget authority provided (or obligation limit imposed) for fiscal year
2000 in this or any other Act for each department, agency, instrumentality, or entity of the Federal
Government.
``(b) Restrictions.--In carrying out the rescissions made by subsection (a)--
``(1) no program, project, or activity of any department, agency, instrumentality, or entity may be
reduced by more than 15 percent (with `programs, projects, and activities' as delineated in the
appropriations Act or accompanying report for the relevant account, or for accounts and items not
included in appropriations Acts, as delineated in the most recently submitted President's budget),
``(2) no reduction shall be taken from any military personnel account, and
``(3) the reduction for the Department of Defense and Department of Energy Defense Activities shall
be applied proportionately to all Defense accounts.
``(c) Report.--The Director of the Office of Management and Budget shall include in the President's
budget submitted for fiscal year 2001 a report specifying the reductions made to each account pursuant
to this section.''.
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Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2000, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
* * * * * * *
overseas private investment corporation
* * * * * * *
program account
For the cost of direct and guaranteed loans, $24,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961 to be derived by transfer from the Overseas Private
Investment Corporation noncredit account: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall be available for direct
loan obligations and loan guaranty commitments incurred or made
during fiscal years 2000 and 2001: Provided further, That such
sums shall remain available through fiscal year 2008 for the
disbursement of direct and guaranteed loans obligated in fiscal
year 2000, and through fiscal year 2009 for the disbursement of
direct and guaranteed loans obligated in fiscal year 2001:
Provided further, That in addition, such sums as may be
necessary for administrative expenses to carry out the credit
program may be derived from amounts available for
administrative expenses to carry out the credit and insurance
programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account: Provided
further, That funds made available under this heading or in
prior appropriations Acts that are available for the cost of
financing under section 234 of the Foreign Assistance Act of
1961, shall be available for purposes of section 234(g) of such
Act, to remain available until expended.
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
voluntary separation incentives for employees of the united states
agency for international development
Sec. 579.\1\ (a) Definitions.--For the purposes of this
section--
---------------------------------------------------------------------------
\1\ 5 U.S.C. 5597 note.
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(1) the term ``agency'' means the United States
Agency for International Development;
(2) the term ``Administrator'' means the
Administrator, United States Agency for International
Development; and
(3) the term ``employee'' means an employee (as
defined by section 2105 of title 5, United States Code)
who is employed by the agency, is serving under an
appointment without time limitation, and has been
currently employed for a continuous period of at least
3 years, but does not include--
(A) a reemployed annuitant under subchapter
III of chapter 83 or chapter 84 of title 5,
United States Code, or another retirement
system for employees of the agency;
(B) an employee having a disability on the
basis of which such employee is or would be
eligible for disability retirement under the
applicable retirement system referred to in
subparagraph (A);
(C) an employee who is to be separated
involuntarily for misconduct or unacceptable
performance, and to whom specific notice has
been given with respect to that separation;
(D) an employee who has previously received
any voluntary separation incentive payment by
the Government of the United States under this
section or any other authority and has not
repaid such payment;
(E) an employee covered by statutory
reemployment rights who is on transfer to
another organization; or
(F) any employee who, during the 24-month
period preceding the date of separation,
received a recruitment or relocation bonus
under section 5753 of title 5, United States
Code, or who, within the 12-month period
preceding the date of separation, received a
retention allowance under section 5754 of such
title 5, United States Code.
(b) Agency Strategic Plan.--
(1) In general.--The Administrator, before obligating
any resources for voluntary separation incentive
payments under this section, shall submit to the
Committees on Appropriations and the Office of
Management and Budget a strategic plan outlining the
intended use of such incentive payments and a proposed
organizational chart for the agency once such incentive
payments have been completed.
(2) Contents.--The agency's plan shall include--
(A) the positions and functions to be reduced
or eliminated, identified by organizational
unit, geographic location, occupational
category and grade level;
(B) the number and amounts of voluntary
separation incentive payments to be offered;
(C) a description of how the agency will
operate without the eliminated positions and
functions; and
(D) the time period during which incentives
may be paid.
(3) Approval.--The Director of the Office of
Management and Budget shall review the agency's plan
and approve or disapprove the plan and may make
appropriate modifications in the plan with respect to
the coverage of incentives as described under paragraph
(2)(A), and with respect to the matters described in
paragraphs (2)(B) through (D).
(c) Authority to Provide Voluntary Separation Incentive
Payments.--
(1) In general.--A voluntary separation incentive
payment under this section may be paid by the agency to
employees of such agency and only to the extent
necessary to eliminate the positions and functions
identified by the strategic plan.
(2) Amount and treatment of payments.--A voluntary
separation incentive payment under this section--
(A) shall be paid in a lump sum after the
employee's separation;
(B) shall be paid from appropriations or
funds available for the payment of the basic
pay of the employees;
(C) shall be equal to the lesser of--
(i) an amount equal to the amount the
employee would be entitled to receive
under section 5595(c) of title 5,
United States Code, if the employee
were entitled to payment under such
section; or
(ii) an amount determined by the
agency head not to exceed $25,000;
(D) may not be made except in the case of any
employee who voluntarily separates (whether by
retirement or resignation) on or before January
1, 2003; \2\
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\2\ Sec. 584 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on
October 24, 2000, enacted by reference in sec. 101(a) of Public Law
106-429; 114 Stat. 1900), struck out ``December 31, 2000'' and inserted
in lieu thereof ``December 31, 2001''. Sec. 575 of the Kenneth M.
Ludden Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2168), struck
out ``December 31, 2001'' and inserted in lieu thereof ``December 31,
2002''. Sec. 571 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2003 (division E of Public Law
108-7; 117 Stat. 208), struck out ``December 31, 2002'' and inserted in
lieu thereof ``January 1, 2003''.
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(E) shall not be a basis for payment, and
shall not be included in the computation, of
any other type of Government benefit; and
(F) shall not be taken into account in
determining the amount of any severance pay to
which the employee may be entitled under
section 5595 of title 5, United States Code,
based on any other separation.
(d) Additional Agency Contributions to the Retirement
Fund.--
(1) In general.--In addition to any other payments
which it is required to make under subchapter III of
chapter 83 or chapter 84 of title 5, United States
Code, the agency shall remit to the Office of Personnel
Management for deposit in the Treasury of the United
States to the credit of the Civil Service Retirement
and Disability Fund an amount equal to 15 percent of
the final basic pay of each employee of the agency who
is covered under subchapter III of chapter 83 or
chapter 84 of title 5, United States Code, to whom a
voluntary separation incentive has been paid under this
section.
(2) Definition.--For the purpose of paragraph (1),
the term ``final basic pay'', with respect to an
employee, means the total amount of basic pay which
would be payable for a year of service by such
employee, computed using the employee's final rate of
basic pay, and, if last serving on other than a full-
time basis, with appropriate adjustment therefor.
(e) Effect of Subsequent Employment with the Government.--
(1) An individual who has received a voluntary
separation incentive payment under this section and
accepts any employment for compensation with the
Government of the United States, or who works for any
agency of the Government of the United States through a
personal services contract, within 5 years after the
date of the separation on which the payment is based
shall be required to pay, prior to the individual's
first day of employment, the entire amount of the
incentive payment to the agency that paid the incentive
payment.
(2) If the employment under paragraph (1) is with an
Executive agency (as defined by section 105 of title 5,
United States Code), the United States Postal Service,
or the Postal Rate Commission, the Director of the
Office of Personnel Management may, at the request of
the head of the agency, waive the repayment if the
individual involved possesses unique abilities and is
the only qualified applicant available for the
position.
(3) If the employment under paragraph (1) is with an
entity in the legislative branch, the head of the
entity or the appointing official may waive the
repayment if the individual involved possesses unique
abilities and is the only qualified applicant available
for the position.
(4) If the employment under paragraph (1) is with the
judicial branch, the Director of the Administrative
Office of the United States Courts may waive the
repayment if the individual involved possesses unique
abilities and is the only qualified applicant for the
position.
(f) Reduction of Agency Employment Levels.--
(1) In general.--The total number of funded employee
positions in the agency shall be reduced by one
position for each vacancy created by the separation of
any employee who has received, or is due to receive, a
voluntary separation incentive payment under this
section. For the purposes of this subsection, positions
shall be counted on a full-time-equivalent basis.
(2) Enforcement.--The President, through the Office
of Management and Budget, shall monitor the agency and
take any action necessary to ensure that the
requirements of this subsection are met.
(g) Regulations.--The Office of Personnel Management may
prescribe such regulations as may be necessary to implement
this section.
* * * * * * *
abolition of the inter-american foundation
Sec. 586.\3\ (a) Definitions.--In this section:
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\3\ 22 U.S.C. 290f note.
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(1) Director.--The term ``Director'' means the
Director of the Office of Management and Budget.
(2) Foundation.--The term ``Foundation'' means the
Inter-American Foundation.
(3) Function.--The term ``function'' means any duty,
obligation, power, authority, responsibility, right,
privilege, activity, or program.
(b) Abolition of Inter-American Foundation.--During fiscal
years 2000 and 2001,\4\ the President is authorized to abolish
the Inter-American Foundation. The provisions of this section
shall only be effective upon the effective date of the
abolition of the Inter-American Foundation.
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\4\ Sec. 591(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on
October 24, 2000, enacted by reference in sec. 101(a) of Public Law
106-429; 114 Stat. 1900A-59), struck out ``year 2000'' and inserted in
lieu thereof ``years 2000 and 2001''.
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(c) Termination of Functions.--
(1) Except as provided in subsection (d)(2), there
are terminated upon the abolition of the Foundation all
functions vested in, or exercised by, the Foundation or
any official thereof, under any statute, reorganization
plan, Executive order, or other provisions of law, as
of the day before the effective date of this section.
(2) Repeal.--Section 401 of the Foreign Assistance
Act of 1969 (22 U.S.C. 290f) \5\ is repealed upon the
effective date specified in subsection (j).
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\5\ Sec. 591(2) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on
October 24, 2000, enacted by reference in sec. 101(a) of Public Law
106-429; 114 Stat. 1900A-59), struck out ``6290f'' and inserted in lieu
thereof ``290f''.
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(3) Final disposition of funds.--Upon the date of
transmittal to Congress of the certification described
in subsection (d)(4), all unexpended balances of
appropriations of the Foundation shall be deposited in
the miscellaneous receipts account of the Treasury of
the United States.
(d) Responsibilities of the Director of the Office of
Management and Budget.--
(1) In general.--The Director of the Office of
Management and Budget shall be responsible for--
(A) the administration and wind-up of any
outstanding obligation of the Federal
Government under any contract or agreement
entered into by the Foundation before the date
of the enactment of the Foreign Operations,
Export Financing, and Related Programs
Appropriations Act, 2000, except that the
authority of this subparagraph does not include
the renewal or extension of any such contract
or agreement; and
(B) taking such other actions as may be
necessary to wind-up any outstanding affairs of
the Foundation.
(2) Transfer of functions to the director.--There are
transferred to the Director such functions of the
Foundation under any statute, reorganization plan,
Executive order, or other provision of law, as of the
day before the date of the enactment of this section,
as may be necessary to carry out the responsibilities
of the Director under paragraph (1).
(3) Authorities of the director.--For purposes of
performing the functions of the Director under
paragraph (1) and subject to the availability of
appropriations, the Director may--
(A) enter into contracts;
(B) employ experts and consultants in
accordance with section 3109 of title 5, United
States Code, at rates for individuals not to
exceed the per diem rate equivalent to the rate
for level IV of the Executive Schedule; and
(C) utilize, on a reimbursable basis, the
services, facilities, and personnel of other
Federal agencies.
(4) Certification required.--Whenever the Director
determines that the responsibilities described in
paragraph (1) have been fully discharged, the Director
shall so certify to the appropriate congressional
committees.
(e) Report to Congress.--The Director of the Office of
Management and Budget shall submit to the appropriate
congressional committees a detailed report in writing regarding
all matters relating to the abolition and termination of the
Foundation. The report shall be submitted not later than 90
days after the termination of the Foundation.
(f) Transfer and Allocation of Appropriations.--Except as
otherwise provided in this section, the assets, liabilities
(including contingent liabilities arising from suits continued
with a substitution or addition of parties under subsection
(g)(3)), contracts, property, records, and unexpended balance
of appropriations, authorizations, allocations, and other funds
employed, held, used, arising from, available to, or to be made
available in connection with the functions, terminated by
subsection (c)(1) or transferred by subsection (d)(2) shall be
transferred to the Director for purposes of carrying out the
responsibilities described in subsection (d)(1).
(g) Savings Provisions.--
(1) Continuing legal force and effect.--All orders,
determinations, rules, regulations, permits,
agreements, grants, contracts, certificates, licenses,
registrations, privileges, and other administrative
actions--
(A) that have been issued, made, granted, or
allowed to become effective by the Foundation
in the performance of functions that are
terminated or transferred under this section;
and
(B) that are in effect as of the date of the
abolition of the Foundation, or were final
before such date and are to become effective on
or after such date,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked
in accordance with law by the President, the Director,
or other authorized official, a court of competent
jurisdiction, or by operation of law.
(2) No effect on judicial or administrative
proceedings.--Except as otherwise provided in this
section--
(A) the provisions of this section shall not
affect suits commenced prior to the date of the
abolition of the Foundation; and
(B) in all such suits, proceedings shall be
had, appeals taken, and judgments rendered in
the same manner and effect as if this section
had not been enacted.
(3) Nonabatement of proceedings.--No suit, action, or
other proceeding commenced by or against any officer in
the official capacity of such individual as an officer
of the Foundation shall abate by reason of the
enactment of this section. No cause of action by or
against the Foundation, or by or against any officer
thereof in the official capacity of such officer, shall
abate by reason of the enactment of this section.
(4) Continuation of proceeding with substitution of
parties.--If, before the date of the abolition of the
Foundation, the Foundation, or officer thereof in the
official capacity of such officer, is a party to a
suit, then effective on such date such suit shall be
continued with the Director substituted or added as a
party.
(5) Reviewability of orders and actions under
transferred functions.--Orders and actions of the
Director in the exercise of functions terminated or
transferred under this section shall be subject to
judicial review to the same extent and in the same
manner as if such orders and actions had been taken by
the Foundation immediately preceding their termination
or transfer. Any statutory requirements relating to
notice, hearings, action upon the record, or
administrative review that apply to any function
transferred by this section shall apply to the exercise
of such function by the Director.
(h) Conforming Amendments.--
(1) African development foundation.--Section 502 of
the International Security and Development Cooperation
Act of 1980 (22 U.S.C. 290h) is amended--
(A) by inserting ``and'' at the end of
paragraph (2);
(B) by striking the semicolon at the end of
paragraph (3) and inserting a period; and
(C) by striking paragraphs (4) and (5).
(2) Social progress trust fund agreement.--Section 36
of the Foreign Assistance Act of 1973 is amended--
(A) in subsection (a)--
(i) by striking ``provide for'' and
all that follows through ``(2)
utilization'' and inserting ``provide
for the utilization''; and
(ii) by striking ``member
countries;'' and all that follows
through ``paragraph (2)'' and inserting
``member countries.'';
(B) in subsection (b), by striking ``transfer
or'';
(C) by striking subsection (c);
(D) by redesignating subsection (d) as
subsection (c); and
(E) in subsection (c) (as so redesignated),
by striking ``transfer or''.
(3) Foreign assistance act of 1961.--Section 222A(d)
of the Foreign Assistance Act of 1961 (22 U.S.C.
2182a(d)) is repealed.
(i) Definition.--In this section, the term ``appropriate
congressional committees'' means the Committee on
Appropriations and the Committee on Foreign Relations of the
Senate and the Committee on Appropriations and the Committee on
International Relations of the House of Representatives.
(j) Effective Dates.--The repeal made by subsection (c)(2)
and the amendments made by subsection (h) shall take effect
upon the date of transmittal to Congress of the certification
described in subsection (d)(4).
* * * * * * *
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2000''.
s. Miscellaneous Appropriations, 2000
Partial text of H.R. 3425, enacted by reference in sec. 1000(a)(5) of
Public Law 106-113, 113 Stat. 1501 at 1535, approved November 29, 1999;
as amended by Public Law 108-447 [Consolidated Appropriations Act,
2005; H.R. 4818], 118 Stat. 2809, approved December 8, 2004; Public Law
109-102 [Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006; H.R. 3057], 119 Stat. 2172, approved November
14, 2005; and Public Law 110-161 [Consolidated Appropriations Act,
2008; H.R. 2764], 121 Stat. 1844, approved December 26, 2007
A BILL Making miscellaneous appropriations for the fiscal year ending
September 30, 1999, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2000, and for other purposes, namely:
* * * * * * *
TITLE V--INTERNATIONAL DEBT RELIEF
SEC. 501.\1\ ACTIONS TO PROVIDE BILATERAL DEBT RELIEF.
(a) Cancellation of Debt.--Subject to the availability of
amounts provided in advance in appropriations Acts, the
President shall cancel all amounts owed to the United States
(or any agency of the United States) by any country eligible
for debt reduction under this section, as a result of loans
made or credits extended prior to June 20, 1999, under any of
the provisions of law specified in subsection (b).
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\1\ 22 U.S.C. 2395a note.
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(b) Provisions of Law.--The provisions of law referred to
in subsection (a) are the following:
(1) Sections 221 and 222 of the Foreign Assistance
Act.
(2) The Arms Export Control Act (22 U.S.C. 2751 et
seq.).
(3) Section 5(f) of the Commodity Credit Corporation
Charter Act, section 201 of the Agricultural Trade Act
of 1978 (7 U.S.C. 5621), or section 202 of such Act (7
U.S.C. 5622), or predecessor provisions under the Food
for Peace Act of 1966.
(4) Title I of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1701 et seq.).
(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'').
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\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).
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(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 2000-2010, which
\3\ shall remain available until expended.
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\3\ Sec. 699H(b)(1) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2008 (division J of Public Law
110-161; 121 Stat. 2372) struck out ``fiscal years 2000 through 2004,
which'' and inserted in lieu thereof ``fiscal years 2000-2010, which''.
Sec. 20415 of the Continuing Appropriations Resolution, 2007
(Public Law 109-289, as amended by Public Law 110-5; 121 Stat. 26),
provided that ``Section 501(i) of H.R. 3425, as enacted into law by
section l000(a)(5) of division B of Public Law 106-113 (Appendix E, 113
Stat. 1501A-313), as amended by section 591(b) of division D of Public
Law 108-447 (118 Stat. 3037), shall apply to fiscal year 2007.''.
Previously, 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 was not
executable, as the language read ``fiscal years 2000 through 2004''.
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(j) Annual Reports to the Congress.--Not later than
December 31 of each year, the President shall prepare and
transmit to the Committees on Banking and Financial Services,
Appropriations, and International Relations of the House of
Representatives, and the Committees on Banking, Housing, and
Urban Affairs, Foreign Relations, and Appropriations of the
Senate a report, which shall be made available to the public,
concerning the cancellation of debt under subsection (a), and a
detailed description of debt relief provided by the United
States as a member of the Paris Club of Official Creditors for
the prior fiscal year.
SEC. 502. ACTIONS TO IMPROVE THE PROVISION OF MULTILATERAL DEBT RELIEF.
Title XVI of the International Financial Institutions Act
(22 U.S.C. 262p-262p-5) is amended by adding at the end the
following: * * * \4\
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\4\ Sec. 502 added new secs. 1623 and 1624 to the International
Financial Institutions Act. For text, see Legislation on Foreign
Relations Through 2008, vol. III.
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SEC. 503. ACTIONS TO FUND THE PROVISION OF MULTILATERAL DEBT RELIEF.
(a) Contributions for Debt Reductions for the Poorest
Countries.--The Bretton Woods Agreements Act (22 U.S.C. 286 et
seq.) is amended by adding at the end the following: * * * \5\
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\5\ Sec. 503(a) added a new sec. 62 to the Bretton Woods Agreements
Act. For text, see Legislation on Foreign Relations Through 2008, vol.
III.
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(b) \6\ Certification.--Within 15 days after the United
States Executive Director casts the votes necessary to carry
out the instruction described in section 62 of the Bretton
Woods Agreements Act, the Secretary of the Treasury shall
certify to the Congress that neither the profits nor the
earnings on the investment of profits from the gold sales made
pursuant to the instruction or of the funds attributable to
United States participation in SCA-2 will be used to augment
the resources of any reserve account of the International
Monetary Fund for the purpose of making loans.
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\6\ 22 U.S.C. 286nn note.
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SEC. 504.\7\ ADDITIONAL PROVISIONS.
(a) Publication of IMF Operational Budgets.--The Secretary
of the Treasury shall instruct the United States Executive
Director at the International Monetary Fund to use the voice,
vote, and influence of the United States to urge vigorously the
International Monetary Fund to publish the operational budgets
of the International Monetary Fund, on a quarterly basis, not
later than one year after the end of the period covered by the
budget.
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\7\ 22 U.S.C. 262o-2 note.
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(b) Report to the Congress Showing Costs of United States
Participation in the International Monetary Fund.--The
Secretary of the Treasury shall prepare and transmit to the
Committees on Banking and Financial Services, on
Appropriations, and on International Relations of the House of
Representatives and the Committees on Banking, Housing, and
Urban Affairs, on Foreign Relations, and on Appropriations of
the Senate a quarterly report, which shall be made readily
available to the public, on the costs or benefits of United
States participation in the International Monetary Fund and
which shall detail the costs and benefits to the United States,
as well as valuation gains or losses on the United States
reserve position in the International Monetary Fund.
(c) Continuation of Forgoing of Reimbursement of IMF for
Expenses of Administering ESAF.--The Secretary of the Treasury
shall instruct the United States Executive Director at the
International Monetary Fund to use the voice, vote, and
influence of the United States to urge vigorously the
International Monetary Fund to continue to forgo reimbursements
of the expenses incurred by the International Monetary Fund in
administering the Enhanced Structural Adjustment Facility,
until the Heavily Indebted Poor Countries Initiative (as
defined in section 1623 of the International Financial
Institutions Act) is terminated.
(d) No Gold Sales by International Monetary Fund Without
Prior Authorization by the Congress.--(1) The first sentence of
section 5 of the Bretton Woods Agreements Act (22 U.S.C. 286c)
is amended in clause (g) by striking ``approve either the
disposition of more than 25 million ounces of Fund gold for the
benefit of the Trust Fund established by the Fund on May 6,
1976, or the establishment of any additional trust fund whereby
resources of the International Monetary Fund would be used for
the special benefit of a single member, or of a particular
segment of the membership, of the Fund.'' and inserting
``approve any disposition of Fund gold, unless the Secretary
certifies to the Congress that such disposition is necessary
for the Fund to restitute gold to its members, or for the Fund
to provide liquidity that will enable the Fund to meet member
country claims on the Fund or to meet threats to the systemic
stability of the international financial system.''.
(2) Not less than 30 days prior to the entrance by the
United States into international negotiations for the purpose
of reaching agreement on the disposition of Fund gold whereby
resources of the Fund would be used for the special benefit of
a single member, or of a particular segment of the membership
of the Fund, the Secretary of the Treasury shall consult with
the Committees on Banking and Financial Services, on
Appropriations, and on International Relations of the House of
Representatives and the Committees on Foreign Relations, on
Appropriations, and on Banking, Housing and Urban Affairs of
the Senate.
(e) \8\ * * * [Repealed--2007]
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\8\ Sec. 1502(a) of the Legislative Branch Appropriations Act, 2008
(division H of Public Law 110-161; 121 Stat. 2250), repealed subsec.
(e), which read as follows:
``(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.''.
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* * * * * * *
t. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1999
Partial text of sec. 101(d) of Division A of Public Law 105-277 [H.R.
4328], 112 Stat. 2681, approved October 21, 1998; as amended by Public
Law 106-200 [Trade and Development Act of 2000; H.R. 434], 114 Stat.
251, approved May 18, 2000; and Public Law 107-228 [Foreign Relations
Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350,
approved September 30, 2002
Note.--Fiscal year 1998 appropriations were continued
into fiscal year 1999 in Public Law 105-240 (112 Stat.
1566; approved September 25, 1998), as amended, pending
final passage of several annual appropriations bills
including foreign assistance appropriations.
Several programs for which this law provides
appropriations are funded for multiple years. For full
text of the foreign assistance appropriations for
fiscal year 1999, see Legislation on Foreign Relations
Through 1998, vol. I-A.
AN ACT Making omnibus consolidated and emergency 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,
* * * * * * *
(d) For programs, projects or activities in the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1999, provided as follows, to be effective
as if it had been enacted into law as the regular
appropriations Act:
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 1999, and
for other purposes.
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
national commission on terrorism
Sec. 591.\1\ (a) Establishment of National Commission on
Terrorism.--
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\1\ Sec. 306 of the Intelligence Authorization Act, Fiscal Year
2002 (Public Law 107-108; 115 Stat. 1399) provided the following:
---------------------------------------------------------------------------
``sec. 306. report on implementation of recommendations of the national
commission on terrorism and other entities.
---------------------------------------------------------------------------
``(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of Central Intelligence shall
submit to the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the
Senate a report concerning whether, and to what extent, the
Intelligence Community has implemented recommendations relevant to the
Intelligence Community as set forth in the following:
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``(1) The report prepared by the National Commission on Terrorism
established by section 591 of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 (Public Law 105-277).
``(2) The report prepared by the United States Commission on National
Security for the 21st Century, Phase III, dated February 15, 2001.
``(3) The second annual report of the advisory panel to assess domestic
response capabilities for terrorism involving weapons of mass destruction
established pursuant to section 1405 of the National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 2301 note).
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``(b) Recommendations Determined Not To Be Adopted.--In a case in
which the Director determines that a recommendation described in
subsection (a) has not been implemented, the report under that
subsection shall include a detailed explanation of the reasons for not
implementing that recommendation.''.
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(1) Establishment.--There is established a national
commission on terrorism to review counter-terrorism
policies regarding the prevention and punishment of
international acts of terrorism directed at the United
States. The commission shall be known as ``The National
Commission on Terrorism''.
(2) Composition.--The commission shall be composed of
10 members appointed as follows:
(A) Three members shall be appointed by the
Majority Leader of the Senate.
(B) Three members shall be appointed by the
Speaker of the House of Representatives.
(C) Two members shall be appointed by the
Minority Leader of the Senate.
(D) Two members shall be appointed by the
Minority Leader of the House of
Representatives.
(E) The appointments of the members of the
commission should be made no later than 3
months after the date of the enactment of this
Act.
(3) Qualifications.--The members should have a
knowledge and expertise in matters to be studied by the
commission.
(4) Chair.--The Speaker of the House of
Representatives, after consultation with the majority
leader of the Senate and the minority leaders of the
House of Representatives and the Senate, shall
designate one of the members of the Commission to serve
as chair of the Commission.
(5) Period of appointment: vacancies.--Members shall
be appointed for the life of the Commission. Any
vacancy in the Commission shall be filled in the same
manner as the original appointment.
(6) Security clearances.--All Members of the
Commission should hold appropriate security clearances.
(b) Duties.--
(1) In general.--The commission shall consider issues
relating to international terrorism directed at the
United States as follows:
(A) Review the laws, regulations, policies,
directives, and practices relating to
counterterrorism in the prevention and
punishment of international terrorism directed
towards the United States.
(B) Assess the extent to which laws,
regulations, policies, directives, and
practices relating to counterterrorism have
been effective in preventing or punishing
international terrorism directed towards the
United States. At a minimum, the assessment
should include a review of the following:
(i) Evidence that terrorist
organizations have established an
infrastructure in the western
hemisphere for the support and conduct
of terrorist activities.
(ii) Executive branch efforts to
coordinate counterterrorism activities
among Federal, State, and local
agencies and with other nations to
determine the effectiveness of such
coordination efforts.
(iii) Executive branch efforts to
prevent the use of nuclear, biological,
and chemical weapons by terrorists.
(C) Recommend changes to counterterrorism
policy in preventing and punishing
international terrorism directed toward the
United States.
(2) Report.--Not later than 6 months after the date
on which the Commission first meets, the Commission
shall submit to the President and the Congress a final
report of the findings and conclusions of the
commission, together with any recommendations.
(c) Administrative Matters.--
(1) Meetings.--
(A) The commission shall hold its first
meeting on a date designated by the Speaker of
the House which is not later than 30 days after
the date on which all members have been
appointed.
(B) After the first meeting, the commission
shall meet upon the call of the chair.
(C) A majority of the members of the
commission shall constitute a quorum, but a
lesser number may hold meetings.
(2) Authority of individuals to act for commission.--
Any member or agent of the commission may, if
authorized by the commission, take any action which the
commission is authorized to take under this section.
(3) Powers.--
(A) The commission may hold such hearings,
sit and act at such times and places, take such
testimony, and receive such evidence as the
commission considers advisable to carry out its
duties.
(B) The commission may secure directly from
any agency of the Federal Government such
information as the commission considers
necessary to carry out its duties. Upon the
request of the chair of the commission, the
head of a department or agency shall furnish
the requested information expeditiously to the
commission.
(C) The commission may use the United States
mails in the same manner and under the same
conditions as other departments and agencies of
the Federal Government.
(4) Pay and expenses of commission members.--
(A) Subject to appropriations, each member of
the commission who is not an employee of the
government shall be paid at a rate not to
exceed the daily equivalent of the annual rate
of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title
5, United States Code, for each day (including
travel time) during which such member is
engaged in performing the duties of the
commission.
(B) Members and personnel for the commission
may travel on aircraft, vehicles, or other
conveyances of the Armed Forces of the United
States when travel is necessary in the
performance of a duty of the commission except
when the cost of commercial transportation is
less expensive.
(C) The members of the commission may be
allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of
chapter 57 of title 5, United States Code,
while away from their homes or regular places
of business in the performance of services for
the commission.
(D)(i) A member of the commission who is an
annuitant otherwise covered by section 8344 or
8468 of title 5, United States Code, by reason
of membership on the commission shall not be
subject to the provisions of such section with
respect to membership on the commission.
(ii) A member of the commission who is a
member or former member of a uniformed service
shall not be subject to the provisions of
subsections (b) and (c) of section 5532 of such
title with respect to membership on the
commission.
(5) Staff and administrative support.--
(A) The chairman of the commission may,
without regard to civil service laws and
regulations, appoint and terminate an executive
director and up to three additional staff
members as necessary to enable the commission
to perform its duties. The chairman of the
commission may fix the compensation of the
executive director and other personnel without
regard to the provisions of chapter 51, and
subchapter III of chapter 53, of title 5,
United States Code, relating to classification
of positions and General Schedule pay rates,
except that the rate of pay may not exceed the
maximum rate of pay for GS-15 under the General
Schedule.
(B) Upon the request of the chairman of the
commission, the head of any department or
agency of the Federal Government may detail,
without reimbursement, any personnel of the
department or agency to the commission to
assist in carrying out its duties. The detail
of an employee shall be without interruption or
loss of civil service status or privilege.
(d) Termination of Commission.--The commission shall
terminate 30 days after the date on which the commission
submits a final report.
(e) Funding.--There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of this
section.
* * * * * * *
TITLE VI--INTERNATIONAL FINANCIAL PROGRAMS AND REFORM
* * * * * * *
advisory commission
Sec. 603.\2\ (a) In General.--The Secretary of the Treasury
shall establish an International Financial Institution Advisory
Commission (in this section referred to as the ``Commission'').
---------------------------------------------------------------------------
\2\ 22 U.S.C. 262r note.
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(b) Membership.--
(1) In general.--The Commission shall be composed of
11 members, as follows:
(A) 3 members appointed by the Speaker of the
House of Representatives.
(B) 3 members appointed by the Majority
Leader of the Senate.
(C) 5 members appointed jointly by the
Minority Leader of the House of Representatives
and the Minority Leader of the Senate.
(2) Timing of appointments.--All appointments to the
Commission shall be made not later than 45 days after
the date of enactment of this Act.
(3) Chairman.--The Majority Leader of the Senate,
after consultation with the Speaker of the House of
Representatives and the Minority Leaders of the House
of Representatives and the Senate, shall designate 1 of
the members of the Commission to serve as Chairman of
the Commission.
(c) Qualifications.--
(1) Expertise.--Members of the Commission shall be
appointed from among those with knowledge and expertise
in the workings of the international financial
institutions (as defined in section 1701(c)(2) of the
International Financial Institutions Act), the World
Trade Organization, and the Bank for International
Settlements.
(2) Former affiliation.--At least 4 members of the
Commission shall be individuals who were officers or
employees of the Executive Branch before January 20,
1992, and not more than half of such 4 members shall
have served under Presidents from the same political
party.
(d) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment was made.
(e) Duties of the Commission.--The Commission shall advise
and report to the Congress on the future role and
responsibilities of the international financial institutions
(as defined in section 1701(c)(2) of the International
Financial Institutions Act), the World Trade Organization, and
the Bank for International Settlements. In carrying out such
duties, the Commission shall meet with and advise the Secretary
of the Treasury or the Deputy Secretary of the Treasury, and
shall examine--
(1) the effect of globalization, increased trade,
capital flows, and other relevant factors on such
institutions;
(2) the adequacy, efficacy, and desirability of
current policies and programs at such institutions as
well as their suitability for respective beneficiaries
of such institutions;
(3) cooperation or duplication of functions and
responsibilities of such institutions; and
(4) other matters the Commission deems necessary to
make recommendations pursuant to subsection (g).
(f) Powers and Procedures of the Commission.--
(1) Hearings.--The Commission or, at its direction,
any panel or member of the Commission may, for the
purpose of carrying out the provisions of this section,
hold hearings, sit and act at times and places, take
testimony, receive evidence, and administer oaths to
the extent that the Commission or any panel or member
considers advisable.
(2) Information.--The Commission may secure directly
information that the Commission considers necessary to
enable the Commission to carry out its responsibilities
under this section.
(3) Meetings.--The Commission shall meet at the call
of the Chairman.
(g) Report.--On the termination of the Commission, the
Commission shall submit to the Secretary of the Treasury and
the appropriate committees a report that contains
recommendations regarding the following matters:
(1) Changes to policy goals set forth in the Bretton
Woods Agreements Act and the International Financial
Institutions Act.
(2) Changes to the charters, organizational
structures, policies and programs of the international
financial institutions (as defined in section
1701(c)(2) of the International Financial Institutions
Act).
(3) Additional monitoring tools, global standards, or
regulations for, among other things, global capital
flows, bankruptcy standards, accounting standards,
payment systems, and safety and soundness principles
for financial institutions.
(4) Possible mergers or abolition of the
international financial institutions (as defined in
section 1701(c)(2) of the International Financial
Institutions Act), including changes to the manner in
which such institutions coordinate their policy and
program implementation and their roles and
responsibilities.
(5) Any additional changes necessary to stabilize
currencies, promote continued trade liberalization and
to avoid future financial crises.
(h) Termination.--The Commission shall terminate 6 months
after the first meeting of the Commission, which shall be not
later than 30 days after the appointment of all members of the
Commission.
(i) Reports by the Executive Branch.--
(1) Within three months after receiving the report of
the Commission under subsection (g), the President of
the United States through the Secretary of the Treasury
shall report to the appropriate committees on the
desirability and feasibility of implementing the
recommendations contained in the report.
(2) Annually, for three years after the termination
of the Commission, the President of the United States
through the Secretary of the Treasury shall submit to
the appropriate committees a report on the steps taken,
if any, through relevant international institutions and
international fora to implement such recommendations as
are deemed feasible and desirable under paragraph (1).
* * * * * * *
progress reports to congress on united states initiatives to update the
architecture of the international monetary system
Sec. 606.\3\ Not later than July 15, 1999, and July 15,
2000, the Secretary of the Treasury shall report to the
Chairmen and Ranking Members of the appropriate committees on
the progress of efforts to reform the architecture of the
international monetary system. The reports shall include a
discussion of the substance of the United States position in
consultations with other governments and the degree of progress
in achieving international acceptance and implementation of
such position with respect to the following issues:
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\3\ 22 U.S.C. 262r note.
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(1) Adapting the mission and capabilities of the
International Monetary Fund to take better account of
the increased importance of cross-border capital flows
in the world economy and improving the coordination of
its responsibilities and activities with those of the
International Bank for Reconstruction and Development.
(2) Advancing measures to prevent, and improve the
management of, international financial crises,
including by--
(A) integrating aspects of national
bankruptcy principles into the management of
international financial crises where feasible;
and
(B) changing investor expectations about
official rescues, thereby reducing moral hazard
and systemic risk in international financial
markets,
in order to help minimize the adjustment costs that the
resolution of financial crises may impose on the real
economy, in the form of disrupted patterns of trade,
employment, and progress in living standards, and
reduce the frequency and magnitude of claims on United
States taxpayer resources.
(3) Improving international economic policy
cooperation, including among the Group of Seven
countries, to take better account of the importance of
cross-border capital flows in the determination of
exchange rate relationships.
(4) Improving international cooperation in the
supervision and regulation of financial institutions
and markets.
(5) Strengthening the financial sector in emerging
economies, including by improving the coordination of
financial sector liberalization with the establishment
of strong public and private institutions in the areas
of prudential supervision, accounting and disclosure
conventions, bankruptcy laws and administrative
procedures, and the collection and dissemination of
economic and financial statistics, including the
maturity structure of foreign indebtedness.
(6) Advocating that implementation of European
Economic and Monetary Union and the advent of the
European Currency Unit, or euro, proceed in a manner
that is consistent with strong global economic growth
and stability in world financial markets.
definition
Sec. 607.\4\ For purposes of sections 601 through 606 of
this title, the term ``appropriate committees'' means the
Committees on Appropriations, Foreign Relations, Finance,\5\
and Banking, Housing, and Urban Affairs of the Senate and the
Committees on Appropriations, Ways and Means,\5\ and Banking
and Financial Services of the House of Representatives.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 262r note.
\5\ Sec. 404(a) of the Trade and Development Act of 2000 (Public
Law 106-200; 114 Stat. 291) inserted ``Finance,'' after ``Foreign
Relations,'' and ``, Ways and Means,'' before ``and Banking and
Financial Services''.
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* * * * * * *
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1999''.
u. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997
Partial text of Public Law 104-208 [Omnibus Consolidated Appropriations
Act, 1997; H.R. 3610], 110 Stat. 3009, approved September 30, 1996; as
amended by Public Law 105-118 [Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1998; H.R. 2159], 111 Stat.
2386, approved November 26, 1997; Public Law 105-174 [1998 Supplemental
Appropriations and Rescissions Act; H.R. 3579], 112 Stat. 58, approved
May 1, 1998; and Public Law 105-277 [Foreign Relations Authorization
Act, Fiscal Years 1998 and 1999 (division G, subdivision B); H.R.
4328], 112 Stat. 2681, approved October 21, 1998
* * * * * * *
Sec. 101. * * *
(c) For programs, projects or activities in the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 1997, provided as follows, to be effective
as if it had been enacted into law as the regular
appropriations Act:
AN ACT Making appropriations for the foreign operations, export
financing, and related programs for the fiscal year ending September
30, 1997, and for other purposes
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
restrictions on the termination of sanctions against serbia and
montenegro
Sec. 540.\1\ (a) Restrictions.--Notwithstanding any other
provision of law, no sanction, prohibition, or requirement
described in section 1511 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103-160),\2\ with respect
to Serbia or Montenegro, may cease to be effective, unless--
---------------------------------------------------------------------------
\1\ 50 U.S.C. 1701 note.
\2\ For text, see Legislation on Foreign Relations Through 2008,
vol. I-B.
---------------------------------------------------------------------------
(1) the President first submits to the Congress a
certification described in subsection (b); and
(2) the requirements of section 1511 of that Act are
met.
(b) Certification.--A certification described in this
subsection is a certification that--
(1) there is substantial progress toward--
(A) the realization of a separate identity
for Kosova and the rights of the people of
Kosova to govern themselves; or
(B) the creation of an international
protectorate for Kosova;
(2) there is substantial improvement in the human
rights situation in Kosova; and
(3) international human rights observers are allowed
to return to Kosova; and
(4) the elected government of Kosova is permitted to
meet and carry out its legitimate mandate as elected
representatives of the people of Kosova.
(c) \3\ Waiver Authority.--The President may waive the
application in whole or in part, of subsection (a) if the
President certifies to the Congress that the President has
determined that the waiver is necessary to meet emergency
humanitarian needs or to achieve a negotiated settlement of the
conflict in Bosnia and Herzegovina that is acceptable to the
parties.
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\3\ On May 30, 1997, the President ``determined that the waiver of
the application of the prohibition in section 1511(b) of Public Law
103-160 and of the application of section 540(a) of the [Foreign
Operations, Export Financing, and Related Programs Appropriations] Act
is necessary to achieve a negotiated settlement of the conflict in
Bosnia and Herzegovina that is acceptable to the parties, to the extent
that such provisions apply to the furnishing of assistance to
facilitate destruction of military equipment. Therefore I hereby waive
the application of these provisions with respect to such assistance.''
(Presidential Determination No. 97-26; 62 F.R. 32015).
See also sec. 1511 of Public Law 103-160, and notes, in Legislation
on Foreign Relations Through 2008, vol. I-B.
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* * * * * * *
policy toward burma
Sec. 570.\4\ (a) Until such time as the President
determines and certifies to Congress that Burma has made
measurable and substantial progress in improving human rights
practices and implementing democratic government, the following
sanctions shall be imposed on Burma:
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\4\ See related sanctions materials in Legislation on Foreign
Relations Through 2008, vol. III.
---------------------------------------------------------------------------
(1) Bilateral assistance.--There shall be no United
States assistance to the Government of Burma, other
than:
(A) humanitarian assistance,
(B) subject to the regular notification
procedures of the Committees on Appropriations,
counter-narcotics assistance under chapter 8 of
part I of the Foreign Assistance Act of 1961,
or crop substitution assistance, if the
Secretary of State certifies to the appropriate
congressional committees that--
(i) the Government of Burma is fully
cooperating with United States counter-
narcotics efforts, and
(ii) the programs are fully
consistent with United States human
rights concerns in Burma and serve the
United States national interest, and
(C) assistance promoting human rights and
democratic values.
(2) Multilateral assistance.--The Secretary of the
Treasury shall instruct the United States executive
director of each international financial institution to
vote against any loan or other utilization of funds of
the respective bank to or for Burma.
(3) Visas.--Except as required by treaty obligations
or to staff the Burmese mission to the United States,
the United States should not grant entry visas to any
Burmese government official.
(b) \5\ Conditional Sanctions.--The President is hereby
authorized to prohibit, and shall prohibit United States
persons from new investment in Burma, if the President
determines and certifies to Congress that, after the date of
enactment of this Act, the Government of Burma has physically
harmed, rearrested for political acts, or exiled Daw Aung San
Suu Kyi or has committed large-scale repression of or violence
against the Democratic opposition.
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\5\ On May 20, 1997, the President issued Executive Order 13047 (62
F.R. 28301) in which he determined and certified that ``the Government
of Burma has committed large-scale repression of the democratic
opposition in Burma after September 30, 1996, and * * * the actions and
policies of the Government of Burma constitute an unusual and
extraordinary threat to the national security and foreign policy of the
United States''. The President declared a national emergency to deal
with that threat, and prohibited U.S. persons from engaging in certain
transactions and investments in Burma.
On July 28, 2003, the President issued Executive Order 13310 to
take additional steps with respect to Burma, particularly to impose an
import ban as required by the Burmese Freedom and Democracy Act of
2003, to prohibit exports of financial services, and to restrict
transactions of property in which certain Burmese persons have an
interest.
On October 18, 2007, the President issued Executive Order 13448 to
take additional steps with respect to Burma, particularly to expand the
sanctions to target persons identified in the Order and those later
identified by the Secretary of the Treasury as involved in human rights
abuses, public corruption, and other conditions.
On April 30, 2008, the President issued Executive Order 13464 to
take additional steps with respect to Burma, particularly to expand the
sanctions to target assets owned or controlled by the government of
Burma or its officials, and other conditions.
For text of Executive Orders 13047, 13310, 13448, and 13464, see
Legislation on Foreign Relations Through 2008, vol. III.
Any national emergency declared pursuant to the President's
authority stated in the International Emergency Economic Powers Act
requires annual renewal to remain in force. Executive Order 13047 was
renewed in the President's (unnumbered) Notice of May 18, 1998 (63 F.R.
27661); Notice of May 18, 1999 (64 F.R. 27443); Notice of May 18, 2000
(65 F.R. 32005); Notice of May 15, 2001 (66 F.R. 27443); Notice of May
16, 2002 (67 F.R. 35423); Notice of May 16, 2003 (68 F.R. 27425);
Notice of May 17, 2004 (69 F.R. 29041); Notice of May 17, 2005 (70 F.R.
28771); Notice of May 18, 2006 (71 F.R. 29239); Notice of May 17, 2007
(72 F.R. 28447); and Notice of May 16, 2008 (73 F.R. 29035).
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(c) Multilateral Strategy.--The President shall seek to
develop, in coordination with members of ASEAN and other
countries having major trading and investment interests in
Burma, a comprehensive, multilateral strategy to bring
democracy to and improve human rights practices and the quality
of life in Burma, including the development of a dialogue
between the State Law and Order Restoration Council (SLORC) and
democratic opposition groups within Burma.
(d) \6\ Presidential Reports.--Every six months following
the enactment of this Act, the President shall report to the
Chairmen of the Committee on Foreign Relations, the Committee
on International Relations and the House and Senate
Appropriations Committees on the following:
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\6\ The President filed a report pursuant to this section with
Presidential Determination No. 97-29 of June 13, 1997 (62 F.R. 34157);
Presidential Determination No. 98-6 of December 2, 1997 (62 F.R.
65005); Presidential Determination No. 98-30 of June 15, 1998 (63 F.R.
34255); an unnumbered memorandum for the Secretary of State of October
27, 1998 (63 F.R. 63123); a memorandum of October 27, 1999 (64 F.R.
60647); a memorandum of April 19, 2000 (65 F.R. 24851); a memorandum of
October 31, 2000 (65 F.R. 66599); a memorandum of April 12, 2001 (66
F.R. 20725); a memorandum of February 1, 2002 (67 F.R. 5923); a
memorandum of November 6, 2002 (67 F.R. 75799); Presidential
Determination No. 03-07 of December 11, 2002 (67 F.R. 77645); and a
memorandum of March 28, 2003 (68 F.R. 17529). No reports are recorded
in the Federal Register after 2003. On July 31, 2003, the President
issued Executive Order 13313 (68 F.R. 46073) to delegate reporting
requirement responsibilities, including this report, which was
delegated to the Secretary of State.
See also previous note, annual extension of national emergency.
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(1) progress toward democratization in Burma;
(2) progress on improving the quality of life of the
Burmese people, including progress on market reforms,
living standards, labor standards, use of forced labor
in the tourism industry, and environmental quality; and
(3) progress made in developing the strategy referred
to in subsection (c).
(e) Waiver Authority.--The President shall have the
authority to waive, temporarily or permanently, any sanction
referred to in subsection (a) or subsection (b) if he
determines and certifies to Congress that the application of
such sanction would be contrary to the national security
interests of the United States.
(f) Definitions.--
(1) The term ``international financial institutions''
shall include the International Bank for Reconstruction
and Development, the International Development
Association, the International Finance Corporation, the
Multilateral Investment Guarantee Agency, the Asian
Development Bank, and the International Monetary Fund.
(2) The term ``new investment'' shall mean any of the
following activities if such an activity is undertaken
pursuant to an agreement, or pursuant to the exercise
of rights under such an agreement, that is entered into
with the Government of Burma or a nongovernmental
entity in Burma, on or after the date of the
certification under subsection (b):
(A) the entry into a contract that includes
the economical development of resources located
in Burma, or the entry into a contract
providing for the general supervision and
guarantee of another person's performance of
such a contract;
(B) the purchase of a share of ownership,
including an equity interest, in that
development;
(C) the entry into a contract providing for
the participation in royalties, earnings, or
profits in that development, without regard to
the form of the participation:
Provided, That the term ``new investment'' does not
include the entry into, performance of, or financing of
a contract to sell or purchase goods, services, or
technology.
* * * * * * *
transparency of budgets
Sec. 576.\7\ (a) Limitation.--Beginning three years after
the date of the enactment of this Act, the Secretary of the
Treasury shall instruct the United States Executive Director of
each international financial institution to use the voice and
vote of the United States to oppose any loan or other
utilization of the funds of their respective institution, other
than to address basic human needs, for the government of any
country which the Secretary of the Treasury determines--
---------------------------------------------------------------------------
\7\ 22 U.S.C. 262k-1. Sec. 563 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006 (Public Law
109-102; 119 Stat. 2224), provided the following:
---------------------------------------------------------------------------
``funding for serbia
---------------------------------------------------------------------------
``Sec. 563. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia after May
31, 2006, if the President has made the determination and certification
contained in subsection (c).
``(b) After May 31, 2006, the Secretary of the Treasury should
instruct the United States executive directors to the international
financial institutions to support loans and assistance to the
Government of Serbia and Montenegro subject to the conditions in
subsection (c): Provided, That section 576 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1997, as
amended, shall not apply to the provision of loans and assistance to
the Government of Serbia and Montenegro through international financial
institutions.
``(c) The determination and certification referred to in subsection
(a) is a determination by the President and a certification to the
Committees on Appropriations that the Government of Serbia and
Montenegro is--
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``(1) cooperating with the International Criminal Tribunal for the former
Yugoslavia including access for investigators, the provision of documents,
and the surrender and transfer of indictees or assistance in their
apprehension, including Ratko Mladic and Radovan Karadzic, unless the
Secretary of State determines and reports to the Committees on
Appropriations that these individuals are no longer residing in Serbia;
``(2) taking steps that are consistent with the Dayton Accords to end
Serbian financial, political, security and other support which has served
to maintain separate Republika Srpska institutions; and
``(3) taking steps to implement policies which reflect a respect for
minority rights and the rule of law.
---------------------------------------------------------------------------
``(d) This section shall not apply to Montenegro, Kosovo,
humanitarian assistance or assistance to promote democracy.''.
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(1) \8\ does not have in place a functioning system
for reporting to civilian authorities audits of
receipts and expenditures that fund activities of the
armed forces and security forces;
---------------------------------------------------------------------------
\8\ Sec. 572(a) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
Stat. 2430), amended and restated subsec. (a)(1). It formerly read as
follows:
``(1) does not have in place a functioning system for a civilian
audit of all receipts and expenditures that fund activities of the
armed forces and security forces;''.
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(2) \9\ has not provided to the institution
information about the audit process requested by the
institution.
---------------------------------------------------------------------------
\9\ Sec. 572(b) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
Stat. 2430), amended and restated subsec. (a)(2). It formerly read as
follows:
``(2) has not provided a summary of a current audit to the
institution.''.
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(b) Definition.--For purposes of this section, the term
``international financial institution'' shall include the
institutions identified in section 532(b) of this Act.
* * * * * * *
female genital mutilation
Sec. 579.\10\ (a) Limitation.--Beginning 1 year after the
date of the enactment of this Act, the Secretary of the
Treasury shall instruct the United States Executive Director of
each international financial institution to use the voice and
vote of the United States to oppose any loan or other
utilization of the funds of their respective institution, other
than to address basic human needs, for the government of any
country which the Secretary of the Treasury determines--
---------------------------------------------------------------------------
\10\ 22 U.S.C. 262k-2.
---------------------------------------------------------------------------
(1) has, as a cultural custom, a known history of the
practice of female genital mutilation; and
(2) has not taken steps to implement educational
programs designed to prevent the practice of female
genital mutilation.
(B) Definition.--For purposes of this section, the term
``international financial institution'' shall include the
institutions identified in section 532(b) of this Act.
* * * * * * *
refugee status for adult children of former vietnamese reeducation camp
internees resettled under the orderly departure program
Sec. 584. (a) Eligibility for Orderly Departure Program.--
Notwithstanding any other provision of law, for purposes \11\
of eligibility for the Orderly Departure Program for nationals
of Vietnam, during fiscal years 1998 and 1999,\12\ an alien
described in subsection (b) shall be considered to be a refugee
of special humanitarian concern to the United States within the
meaning of section 207 of the Immigration and Nationality Act
(8 U.S.C. 1157) and shall be admitted to the United States for
resettlement if the alien would be admissible as an immigrant
under the Immigration and Nationality Act (except as provided
in section 207(c)(3) of that Act).
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\11\ Sec. 10005(1)(A) of the 1998 Supplemental Appropriations and
Rescissions Act (Public Law 105-174; 112 Stat. 99) struck out ``For
purposes'' and inserted in lieu thereof ``Notwithstanding any other
provision of law, for purposes''. Sec. 2244(1)(A) of the Foreign
Relations Authorization Act for Fiscal Years 1998 and 1999 (subdivision
B of division G of Public Law 105-277; 112 Stat. 2681) made the same
amendment.
\12\ Sec. 10005(1)(B) of the 1998 Supplemental Appropriations and
Rescissions Act (Public Law 105-174; 112 Stat. 99) struck out ``fiscal
year 1997'' and inserted in lieu thereof ``fiscal years 1998 and
1999''. Sec. 2244(1)(B) of the Foreign Relations Authorization Act for
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law
105-277; 112 Stat. 2681) would have made a similar amendment, striking
out ``fiscal year 1997'' and inserting in lieu thereof ``fiscal years
1997, 1998, and 1999''. This second amendment is not executable,
however, because ``fiscal year 1997'' is struck out.
---------------------------------------------------------------------------
(b) \13\ Aliens Covered.--
---------------------------------------------------------------------------
\13\ Sec. 10005(2) of the 1998 Supplemental Appropriations and
Rescissions Act (Public Law 105-174; 112 Stat. 99) amended and restated
subsec. (b). Sec. 2244(2) of the Foreign Relations Authorization Act
for Fiscal Years 1998 and 1999 (subdivision B of division G of Public
Law 105-277; 112 Stat. 2681) also amended and restated subsec. (b), and
it is that amendment that is shown here. The amendment in Public Law
105-174 would have clause (b)(2)(B)(ii) read ``on or after April 1,
1995, is accepted--''. Subsec. (b) formerly read as follows:
``(b) Aliens Covered.--An alien described in this subsection is an
alien who--
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``(1) is the son or daughter of a national of Vietnam who--
``(A) was formerly interned in a reeducation camp in Vietnam by the
Government of the Socialist Republic of Vietnam; and
``(B) has been accepted for resettlement as a refugee under the Orderly
Departure Program on or after April 1, 1995;
``(2) is 21 years of age or older; and
``(3) was unmarried as of the date of acceptance of the alien's parent
for resettlement under the Orderly Departure Program.''.
(1) In general.--An alien described in this
subsection is an alien who--
(A) is the son or daughter of a qualified
national;
(B) is 21 years of age or older; and
(C) was unmarried as of the date of
acceptance of the alien's parent for
resettlement under the Orderly Departure
Program.
(2) Qualified national.--For purposes of paragraph
(1), the term ``qualified national'' means a national
of Vietnam who--
(A)(i) was formerly interned in a reeducation
camp in Vietnam by the Government of the
Socialist Republic of Vietnam; or
(ii) is the widow or widower of an individual
described in clause (i); and
(B)(i) qualified for refugee processing under
the reeducation camp internees subprogram of
the Orderly Departure Program; and
(ii) on or after April 1, 1995, is or has
been accepted--
(I) for resettlement as a refugee; or
(II) for admission as an immigrant
under the Orderly Departure Program.
(c) Supersedes Existing Law.--This section supersedes any
other provision of law.
north korea
Sec. 585.\14\ Ninety days after the date of enactment of
this Act, and every 180 days thereafter, the Secretary of
State, in consultation with the Secretary of Defense, shall
provide a report in a classified or unclassified form to the
Committee on Appropriations including the following
information:
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\14\ Sec. 1308(g)(1)(D) and (2) of the Security Assistance Act of
2002 (division B of Public Law 107-228; 116 Stat. 1441) struck out
subsec. (d); inserted ``and'' at the end of subsec. (b); and replaced
``; and'' at the end of subsec. (c) with a period. Subsec. (d) formerly
provided as follows:
``(d) cooperation, training, or exchanges of information,
technology or personnel between the DPRK and any other nation
supporting the development or deployment of a ballistic missile
capability.''.
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(a) a best estimate on fuel used by the military
forces of the Democratic People's Republic of Korea
(DPRK);
(b) the deployment position and military training and
activities of the DPRK forces and best estimate of the
associated costs of these activities; and
(c) steps taken to reduce the DPRK level of forces.
* * * * * * *
civil liability for acts of state sponsored terrorism
Sec. 589.\15\ (a) an \16\ official, employee, or agent of a
foreign state designated as a state sponsor of terrorism
designated under section 6(j) of the Export Administration Act
of 1979 while acting within the scope of his or her office,
employment, or agency shall be liable to a United States
national or the national's legal representative for personal
injury or death caused by acts of that official, employee, or
agent for which the courts of the United States may maintain
jurisdiction under section 1605(a)(7) of title 28, United
States Code, for money damages which may include economic
damages, solatium, pain, and suffering, and punitive damages if
the acts were among those described in section 1605(a)(7).
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\15\ See also 28 U.S.C. 1605A, as added by sec. 1083(a)(1) of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 338).
See also sec. 5 of the Libyan Claims Resolution Act (Public Law
110-301; 122 Stat. 3000; 28 U.S.C. 1605A note).
\16\ As enrolled.
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(b) Provisions related to statute of limitations and
limitations on discovery that would apply to an action brought
under 28 U.S.C. 1605(f) and (g) shall also apply to actions
brought under this section. No action shall be maintained under
this action if an official, employee, or agent of the United
States, while acting within the scope of his or her office,
employment, or agency would not be liable for such acts if
carried out within the United States.
Titles I through V of this Act may be cited as the
``Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997''.\17\
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\17\ In sec. 101(c) of title I of the Omnibus Consolidated
Appropriations Act, 1997 (Public Law 104-208), see also title VI for
the ``NATO Enlargement Facilitation Act of 1996,'' in Legislation on
Foreign Relations Through 2008, vol. II-B; and title VII for the ``Bank
for Economic Cooperation and Development in the Middle East Development
and North Africa Act,'' in vol. III.
v. Mexican Debt Disclosure Act of 1995
Title IV of Public Law 104-6 [Emergency Supplemental Appropriations and
Rescissions for the Department of Defense to Preserve and Enhance
Military Readiness Act of 1995; H.R. 889], 109 Stat. 73, approved April
10, 1995
* * * * * * *
TITLE IV--MEXICAN DEBT DISCLOSURE ACT OF 1995
SEC. 401.\1\ SHORT TITLE.
This title may be cited as the ``Mexican Debt Disclosure
Act of 1995''.
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\1\ 31 U.S.C. 5302 note.
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SEC. 402. FINDINGS.
The Congress finds that--
(1) Mexico is an important neighbor and trading
partner of the United States;
(2) on January 31, 1995, the President approved a
program of assistance to Mexico, in the form of swap
facilities and securities guarantees in the amount of
$20,000,000,000, using the exchange stabilization fund;
(3) the program of assistance involves the
participation of the Board of Governors of the Federal
Reserve System, the International Monetary Fund, the
Bank for International Settlements, the International
Bank for Reconstruction and Development, the Inter-
American Development Bank, the Bank of Canada, and
several Latin American countries;
(4) the involvement of the exchange stabilization
fund and the Board of Governors of the Federal Reserve
System means that United States taxpayer funds will be
used in the assistance effort to Mexico;
(5) assistance provided by the International Monetary
Fund, the International Bank for Reconstruction and
Development, and the Inter-American Development Bank
may require additional United States contributions of
taxpayer funds to those entities;
(6) the immediate use of taxpayer funds and the
potential requirement for additional future United
States contributions of taxpayer funds necessitates
congressional oversight of the disbursement of funds;
and
(7) the efficacy of the assistance to Mexico is
contingent on the pursuit of sound economic policy by
the Government of Mexico.
SEC. 403. PRESIDENTIAL REPORTS.
(a) Reporting Requirement.--Not later than June 30, 1995,
and every 6 months thereafter, the President shall transmit to
the appropriate congressional committees a report concerning
all guarantees issued to, and short-term and long-term currency
swaps with, the Government of Mexico by the United States
Government, including the Board of Governors of the Federal
Reserve System.
(b) Contents of Reports.--Each report described in
subsection (a) shall contain a description of the following
actions taken, or economic situations existing, during the
preceding 6-month period or, in the case of the initial report,
during the period beginning on the date of enactment of this
Act:
(1) Changes in wage, price, and credit controls in
the Mexican economy.
(2) Changes in taxation policy of the Government of
Mexico.
(3) Specific actions taken by the Government of
Mexico to further privatize the economy of Mexico.
(4) Actions taken by the Government of Mexico in the
development of regulatory policy that significantly
affected the performance of the Mexican economy.
(5) Consultations concerning the program approved by
the President, including advice on economic, monetary,
and fiscal policy, held between the Government of
Mexico and the Secretary of the Treasury (including any
designee of the Secretary) and the conclusions
resulting from any periodic reviews undertaken by the
International Monetary Fund pursuant to the Fund's loan
agreements with Mexico.
(6) All outstanding loans, credits, and guarantees
provided to the Government of Mexico, by the United
States Government, including the Board of Governors of
the Federal Reserve System, set forth by category of
financing.
(7) The progress the Government of Mexico has made in
stabilizing the peso and establishing an independent
central bank or currency board.
(c) Summary of Treasury Department Reports.--In addition to
the information required to be included under subsection (b),
each report required under this section shall contain a summary
of the information contained in all reports submitted under
section 404 during the period covered by the report required
under this section.
SEC. 404. REPORTS BY THE SECRETARY OF THE TREASURY.
(a) Reporting Requirement.--Beginning on the last day of
the first month which begins after the date of enactment of
this Act, and on the last day of every month thereafter, the
Secretary of the Treasury shall submit to the appropriate
congressional committees a report concerning all guarantees
issued to, and short-term and long-term currency swaps with,
the Government of Mexico by the United States Government,
including the Board of Governors of the Federal Reserve System.
(b) Contents of Reports.--Each report described in
subsection (a) shall include a description of the following
actions taken, or economic situations existing, during the
month in which the report is required to be submitted:
(1) The current condition of the Mexican economy.
(2) The reserve positions of the central bank of
Mexico and data relating to the functioning of Mexican
monetary policy.
(3) The amount of any funds disbursed from the
exchange stabilization fund pursuant to the program of
assistance to the Government of Mexico approved by the
President on January 31, 1995.
(4) The amount of any funds disbursed by the Board of
Governors of the Federal Reserve System pursuant to the
program of assistance referred to in paragraph (3).
(5) Financial transactions, both inside and outside
of Mexico, made during the reporting period involving
funds disbursed to Mexico from the exchange
stabilization fund or proceeds of Mexican Government
securities guaranteed by the exchange stabilization
fund.
(6) All outstanding guarantees issued to, and short-
term and medium-term currency swaps with, the
Government of Mexico by the Secretary of the Treasury,
set forth by category of financing.
(7) All outstanding currency swaps with the central
bank of Mexico by the Board of Governors of the Federal
Reserve System and the rationale for, and any expected
costs of, such transactions.
(8) The amount of payments made by customers of
Mexican petroleum companies that have been deposited in
the account at the Federal Reserve Bank of New York
established to ensure repayment of any payment by the
United States Government, including the Board of
Governors of the Federal Reserve System, in connection
with any guarantee issued to, or any swap with, the
Government of Mexico.
(9) Any setoff by the Federal Reserve Bank of New
York against funds in the account described in
paragraph (8).
(10) To the extent such information is available,
once there has been a setoff by the Federal Reserve
Bank of New York, any interruption in deliveries of
petroleum products to existing customers whose payments
were setoff.
(11) The interest rates and fees charged to
compensate the Secretary of the Treasury for the risk
of providing financing.
SEC. 405. TERMINATION OF REPORTING REQUIREMENTS.
The requirements of sections 403 and 404 shall terminate on
the date that the Government of Mexico has paid all obligations
with respect to swap facilities and guarantees of securities
made available under the program approved by the President on
January 31, 1995.
SEC. 406. PRESIDENTIAL CERTIFICATION REGARDING SWAP OF CURRENCIES TO
MEXICO THROUGH EXCHANGE STABILIZATION FUND OR
FEDERAL RESERVE.
(a) In General.--Notwithstanding any other provision of
law, no loan, credit, guarantee, or arrangement for a swap of
currencies to Mexico through the exchange stabilization fund or
by the Board of Governors of the Federal Reserve System may be
extended or (if already extended) further utilized, unless and
until the President submits to the appropriate congressional
committees a certification that--
(1) there is no projected cost (as defined in the
Credit Reform Act of 1990) to the United States from
the proposed loan, credit, guarantee, or currency swap;
(2) all loans, credits, guarantees, and currency
swaps are adequately backed to ensure that all United
States funds are repaid;
(3) the Government of Mexico is making progress in
ensuring an independent central bank or an independent
currency control mechanism;
(4) Mexico has in effect a significant economic
reform effort; and
(5) the President has provided the documents
described in paragraphs (1) through (28) of House
Resolution 80, adopted March 1, 1995.\2\
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\2\ For text of H.Res. 80 as adopted by the House on March 1, 1995,
see Congressional Record, p. H2444-5.
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(b) Treatment of Classified or Privileged Material.--For
purposes of the certification required by subsection (a)(5),
the President shall specify, in the case of any document that
is classified or subject to applicable privileges, that, while
such document may not have been produced to the House of
Representatives, in lieu thereof it has been produced to
specified Members of Congress or their designees by mutual
agreement among the President, the Speaker of the House, and
the chairmen and ranking members of the Committee on Banking
and Financial Services, the Committee on International
Relations, and the Permanent Select Committee on Intelligence
of the House.
SEC. 407. DEFINITIONS.
For purposes of this title, the following definitions shall
apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committees on International Relations and Banking and
Financial Services of the House of Representatives, the
Committees on Foreign Relations and Banking, Housing,
and Urban Affairs of the Senate, and the Committees on
Appropriations of the House of Representatives and the
Senate.
(2) Exchange stabilization fund.--The term ``exchange
stabilization fund'' means the stabilization fund
referred to in section 5302(a)(1) of title 31, United
States Code.
This Act may be cited as the ``Emergency Supplemental
Appropriations and Rescissions for the Department of Defense to
Preserve and Enhance Military Readiness Act of 1995''.
w. Foreign Operations, Export Financing, and Related Programs
Supplemental Appropriations Act, 1994
Partial text of Public Law 103-306 [H.R. 4426], 108 Stat. 1608,
approved August 23, 1994; as amended by Public Law 105-118 [Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1998; H.R. 2159], 111 Stat. 2386, approved November 26, 1997
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 1995, and
making supplemental appropriations for such programs for the fiscal
year ending September 30, 1994, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for foreign operations,
export financing, and related programs for the fiscal year
ending September 30, 1995, and for other purposes, namely:
* * * * * * *
TITLE VI--FISCAL YEAR 1994 SUPPLEMENTAL APPROPRIATIONS
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 1994, and for other purposes, namely:
funds appropriated to the president
debt relief for jordan
(a) Authority To Reduce Debt.--
(1) Authority.--For fiscal year 1994 and thereafter,
the President is authorized to reduce or cancel amounts
owed to the United States or any agency of the United
States by the Hashemite Kingdom of Jordan as a result
of loans originally made or credits originally extended
by the United States or any agency of the United States
before January 1, 1994.
(2) Appropriations requirement.--The authority
provided by this section may be exercised only in such
amounts or to such extent as is provided in advance by
appropriations Acts.
(3) Certain prohibitions inapplicable.--The authority
of this section may be exercised notwithstanding
section 620(r) of the Foreign Assistance Act of 1961,
as amended, section 321 of the International
Development and Food Assistance Act of 1975, or similar
provisions of law. In addition, a reduction of debt
pursuant to this section shall not be considered
assistance for purposes of any provision of law
limiting assistance to a country.
(b) Appropriations.--
(1) Appropriations.--For the cost of modifying direct
loans, as defined in section 502 of the Congressional
Budget Act of 1974, for Jordan, in accordance with the
authority contained in this section, $99,000,000 is
appropriated, to remain available until September 30,
1994.
(2) Fiscal year 1994.--For fiscal year 1994--
(A) funds appropriated under this section may
be used only for the cost of modifying direct
loans entered into under programs administered
by the Agency for International Development;
and
(B) such funds may be used to reduce or
cancel not to exceed $220,000,000 of the
amounts owed pursuant to such loans.
* * * * * * *
This title may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Supplemental Appropriations
Act, 1994''.
x. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1993
Partial text of Public Law 102-391 [H.R. 5368], 106 Stat. 1633,
approved October 6, 1992; as amended by Public Law 106-429 [Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
2001; H.R. 5526, as introduced on October 24, 2000, enacted by
reference in sec. 101(a) of Public Law 106-429], 114 Stat. 1900,
approved November 6, 2000
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 1993, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for foreign operations,
export financing, and related programs for the fiscal year
ending September 30, 1993, and for other purposes, namely:
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
human rights
Sec. 511. (a) * * *
(b) \1\ Human Rights Report.--The Secretary of State shall
also transmit the report required by section 116(d) of the
Foreign Assistance Act of 1961 to the Committees on
Appropriations each year by the date specified in that section:
Provided, That each such report submitted pursuant to such
section shall (1) include a review of each country's commitment
to children's rights and welfare as called for by the
Declaration of the World Summit for Children; (2) * * *
[Repealed--2000]; \2\ and (3) describe the extent to which
indigenous people are able to participate in decisions
affecting their lands, cultures, traditions and the allocation
of natural resources, and assess the extent of protection of
their civil and political rights.
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\1\ 22 U.S.C. 2151n note.
\2\ Sec. 590 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on
October 24, 2000, enacted by reference in sec. 101(a) of Public Law
106-429; 114 Stat. 1900A-59), repealed ``paragraph (2)'' [sic], which
had read as follows: ``(2) a description of the military expenditures
of each country receiving United States foreign assistance, and the
efforts each country is making to reduce those expenditures;''
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* * * * * * *
environment
Sec. 532.\3\ (a) * * *
---------------------------------------------------------------------------
\3\ 22 U.S.C. 262l.
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(b) * * *
(c)(1) In furtherance of the policies contained in section
533(a) of Public Law 101-513 and section 1308 of the
International Development and Finance Act of 1989 (Public Law
101-240), and as a basis for measuring more effectively
progress by the MDBs toward improved environmental performance,
the Secretary of the Treasury shall instruct the United States
Executive Directors of the MDBs to encourage each MDB, at a
minimum, to meet the benchmarks established in paragraph (2) in
the areas of sustainable energy development, forest
conservation, forced displacement of populations, and
environmental impact assessment. On March 1, 1993 and March 1,
1994, the Secretary of the Treasury shall submit a report to
the Congress describing in detail the progress being made by
the MDBs in meeting these benchmarks.
(2) For the purposes of paragraph (1), benchmarks are as
follows:
(A) In the area of sustainable energy development--
(i) all loans in the energy sector should be
based on, or support development of, ``least-
cost'' integrated resource plans. Such plans
shall include analyses of possible end-use
energy efficiency measures and nonconventional
renewable energy options, and such plans shall
reflect the quantifiable environmental costs of
proposed energy developments;
(ii) a substantial portion of loans and
grants in the energy, industry, and
transportation sectors shall be devoted to end-
use energy efficiency improvements and
nonconventional renewable energy development;
and
(iii) all organizational units within the
MDBs should create staff positions in a
management role in end-use efficiency and
renewable energy, which positions shall be
staffed by individuals with professional
experience in program design and management and
educational degrees in relevant technical
disciplines.
(B) In the area of forest conservation--
(i) forestry loans should not support
commercial logging in relatively undisturbed
primary forests, nor should loans result in any
significant loss of tropical forests;
(ii) forestry loans should not be disbursed
until legal, economic, land tenure, and other
policy conditions needed to ensure
sustainability are in place;
(iii) loans should not support mineral,
petroleum, or other industrial development in,
or construction or upgrading of roads through,
relatively undisturbed primary forests unless
adequate safeguards and monitoring systems,
developed in consultation with local
populations, are already in place to prevent
degradation of the surrounding forests;
(iv) loans should be consistent with and
support the needs and rights of indigenous
peoples and other long-term forest inhabitants
and should not be made to countries which have
shown an unwillingness to resolve fairly the
territorial claims of such people; and
(v) support for protection of biological
diversity, in close consultation with local
communities, should be increased to account for
a larger proportion of MDB lending.
(C) In the area of forced displacement of
populations--
(i) the World Bank, Inter-American
Development Bank, and Asian Development Bank
should maintain a listing, available to the
Secretary of the Treasury, of all ongoing
projects involving forced displacement of
populations, including the number of people
displaced and a report on the status of the
implementation of their resettlement policy
guidelines for each such project, and obtain
agreements with borrowers to ensure that all
ongoing projects involving forced displacement
will be in full compliance with their
resettlement policy guidelines by mid-1993; and
(ii) the African Development Bank should
adopt and implement policy guidelines on forced
displacement similar to such guidelines of the
other MDBs.
(D) In the area of procedures for environmental
impact assessment (EIA)--
(i) each MDB should require that draft and
final EIA reports be made available to the
public in borrowing and donor countries and
that the public be offered timely opportunities
for comment on the EIA process, including
initial scoping sessions, review of EIA
categories assigned to individual projects, and
opportunities to comment on draft and final EIA
reports;
(ii) each MDB should apply EIA requirements
to all sector loans and develop and apply the
methodology for environmental assessment of
structural adjustment loans;
(iii) each MDB should require that the EIA
process include analyses of the potential
impacts of proposed projects on the global
environment; and
(iv) each MDB should require the head of the
appropriate environmental unit, rather than
project officers, determine the appropriate
type of environmental analysis required under
the bank's EIA procedures.
(d)-(f) * * *
(g) Funds appropriated by this Act or any subsequent Act
for the Development Assistance Fund and the Development Fund
for Africa may be used for expenses (including related support
costs) relating to the environment and energy sectors, of
individuals detailed to or employed by the Agency for
International Development, particularly those involved with the
``Global Warning Initiative'' \4\ described in this subsection.
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\4\ As enrolled. Should read ``Global Warming Initiative''.
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* * * * * * *
notification to congress on debt relief agreements
Sec. 548.\5\ The Secretary of State shall transmit to the
Appropriations Committees of the Congress and to such other
Committees as appropriate, a copy of the text of any agreement
with any foreign government which would result in any debt
relief no less than thirty days prior to its entry into force,
other than one entered into pursuant to this Act, together with
a detailed justification of the interest of the United States
in the proposed debt relief: Provided, That the term ``debt
relief'' shall include any and all debt prepayment, debt
rescheduling, and debt restructuring proposals and agreements:
Provided further, That the Secretary of State and the Secretary
of the Treasury should in every feasible instance notify the
Appropriations Committees of the Congress and such other
Committees as appropriate not less than 15 days prior to any
formal multilateral or bilateral negotiation for official debt
restructuring, rescheduling, or relief: Provided further, That
the Secretary of State or the Secretary of the Treasury, as
appropriate, shall report not later than February 1 of each
year a consolidated statement of the budgetary implications of
all debt-related agreements entered into force during the
preceding fiscal year.
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\5\ 22 U.S.C. 2395a note. Similar language through the first
proviso was first enacted as sec. 563 of the Foreign Assistance
Appropriations, 1988. The second and third provisos were first enacted
in sec. 550 of the Foreign Assistance Appropriations Act, 1991.
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* * * * * * *
aid budget submission
Sec. 599E.\6\ The President shall include with each budget
for a fiscal year submitted to the Congress under section 1105
of title 31, United States Code, materials that shall identify
clearly and separately the amounts requested in the budget for
appropriation for that fiscal year for salaries and expenses
related to administrative activities of the Agency for
International Development.
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\6\ 22 U.S.C. 2381 note.
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* * * * * * *
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1993''.
y. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1991
Partial text of Public Law 101-513 [H.R. 5114], 104 Stat. 1979,
approved November 5, 1990; as amended by Public Law 102-27 [Dire
Emergency Supplemental Appropriations for Consequences of Operation
Desert Shield/Desert Storm, Food Stamps, Unemployment Compensation
Administration, Veterans Compensation and Pensions, and Other Urgent
Needs Act of 1991; H.R. 1281], 105 Stat. 130, approved April 10, 1991;
Public Law 102-138 [Foreign Relations Authorization Act, Fiscal Years
1992 and 1993; H.R. 1415], 105 Stat. 647, approved October 28, 1991;
Public Law 102-145 [Further Continuing Appropriations, 1992; H.J. Res.
360], 105 Stat. 968, approved October 28, 1991; Public Law 102-391
[Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1993; H.R. 5368], 106 Stat. 1633, approved October
6, 1993; Public Law 102-499 [H.R. 6047], 106 Stat. 3264, approved
October 24, 1992; Public Law 103-87 [Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1994; H.R. 2295],
107 Stat. 931, approved September 30, 1993; Public Law 103-236 [Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333],
108 Stat. 382, approved April 30, 1994; and Public Law 103-306
[[Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1995; H.R. 4426], 108 Stat. 1608, approved August
23, 1994
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 1991, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for foreign operations,
export financing, and related programs for the fiscal year
ending September 30, 1991, and for other purposes, namely:
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
assistance for el salvador
Sec. 531 \1\ (a) Statement of Policy.--United States
military assistance to the Government of El Salvador shall seek
three principal foreign policy objectives, as follows: (1) to
promote a permanent settlement and cease-fire to the conflict
in El Salvador, with the Secretary General of the United
Nations serving as an active mediator between the opposing
parties; (2) to foster greater respect for basic human rights,
and the rule of law; and (3) to advance political accommodation
and national reconciliation.
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\1\ 22 U.S.C. 2370 note.
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(b) Maximum Level of Military Assistance.--Of the funds
available for United States military assistance for fiscal year
1991, not more than $85,000,000 shall be made available for El
Salvador.
(c) Prohibition of Military Assistance.--(1) Prohibition.--
Subject to paragraph (2), no United States military assistance
may be furnished to the Government of El Salvador if the
President determines and reports in writing to the Congress
that--
(A) after he has consulted with the Secretary General
of the United Nations, the Government of El Salvador
has declined to participate in good faith in
negotiations for a permanent settlement and cease-fire
to the armed conflict of El Salvador;
(B) the Government of El Salvador has rejected or
otherwise failed to support an active role for the
Secretary General of the United Nations in mediating
that settlement;
(C) the Government of El Salvador has rejected a plan
for the settlement of the conflict which--
(i) has been put forward by the Secretary
General of the United Nations in accordance
with the terms and procedures in the April 4,
1990 Geneva Communique and the May 21, 1990
Caracas Accord between the Government of El
Salvador and the FMLN;
(ii) includes a proposal for an
internationally monitored cease-fire; and
(iii) has been accepted, within 15 days from
its announcement, by the FMLN and is being
complied with by the FMLN;
(D) the Government of El Salvador has failed to
conduct a thorough and professional investigation into,
and prosecution of those responsible for the eight
murders at the University of Central America on
November 16, 1989; or
(E) the military and security forces of El Salvador
are assassinating or abducting civilian noncombatants,
are engaging in other acts of violence directed at
civilian targets, or are failing to control such
activities by elements subject to the control of those
forces; or
(F) the Government of El Salvador has failed to
actively seek and encourage a law enforcement service
from outside El Salvador, such as Scotland Yard or
INTERPOL, to accompany and monitor investigators of the
Government of El Salvador in their investigation into
the eight murders at the University of Central America
on November 16, 1989.
(2) Requirement for resumption of assistance.--Assistance
prohibited under paragraph (1) may only be resumed pursuant to
a law subsequently enacted by the Congress.
(d) Withholding of Military Assistance.--(1) In General.--
Fifty per centum of the total United States military assistance
allocated for El Salvador for fiscal year 1991 shall be
withheld from obligation or expenditure (as the case may be)
except as provided in paragraphs (2) and (3).
(2) Release of Assistance.--The United States military
assistance withheld pursuant to paragraph (1) may be obligated
and expended only if the President determines and reports in
writing to the Congress that--
(A) after he has consulted with the Secretary General
of the United Nations, the representatives of the
FMLN--
(i) have declined to participate in good
faith in negotiations for a permanent
settlement and cease-fire to the armed conflict
in El Salvador, or
(ii) have rejected or otherwise failed to
support an active role for the Secretary
General of the United Nations in mediating that
settlement;
(B) the FMLN has rejected a plan for the settlement
of the conflict which--
(i) has been put forward by the Secretary
General of the United Nations in accordance
with the terms and procedures in the April 4,
1990 Geneva Communique and the May 21, 1990
Caracas Accord between the Government of El
Salvador and the FMLN;
(ii) includes a proposal for an
internationally monitored cease-fire; and
(iii) has been accepted, within 15 days from
its announcement, by the Government of El
Salvador and is being complied with by the
Government of El Salvador;
(C) the survival of the constitutional Government of
El Salvador is being jeopardized by substantial and
sustained offensive military actions or operations by
the FMLN;
(D) proof exists that the FMLN is continuing to
acquire or receive significant shipments of lethal
military assistance from outside El Salvador, and this
proof has been shared with the Congress; or
(E) the FMLN is assassinating or abducting civilian
noncombatants, is engaging in other acts of violence
directed at civilian targets, or is failing to control
such activities by elements subject to FMLN control.
(3) Exception.--Notwithstanding any other provision of law,
funds withheld pursuant to paragraph (1) of this subsection may
be disbursed to pay the cost of any contract penalties which
may be incurred as a result of such withholding of funds under
this subsection.
(e) Condition for Termination of All United States
Assistance.--(1) Prohibition.--Subject to paragraph (2), no
United States assistance may be furnished to El Salvador if the
duly-elected head of Government of El Salvador is deposed by
military coup or decree.
(2) Requirement for Resumption of Assistance.--Assistance
prohibited under paragraph (1) may only be resumed pursuant to
a law subsequently enacted by the Congress.
(f) Establishment of a Fund for Cease-Fire Monitoring,
Demobilization, and Transition to Peace.--(1) Establishment of
Fund.--There is hereby established in the Treasury of the
United States a fund to assist with the costs of monitoring a
permanent settlement of the conflict, including a cease-fire,
and the demobilization of combatants in the conflict in El
Salvador, and their transition to peaceful pursuits, which
shall be known as the ``Demobilization and Transition Fund''
(hereafter in this section referred to as the ``Fund'').
Amounts in this Fund shall be available for obligation and
expenditure only upon notification by the President to the
Congress that the Government of El Salvador and representatives
of the FMLN have reached a permanent settlement of the
conflict, including a final agreement on a cease-fire.
(2) Transfer of Certain Military Assistance Funds.--Upon
notification of the Congress of a permanent settlement of the
conflict, including an agreement on a cease-fire, or on
September 30, 1991, if no such notification has occurred prior
to that date, the President shall transfer to the Fund any
United States military assistance funds withheld pursuant to
subsection (d) of this section.
(3) Use of the Fund.--Notwithstanding any other provision
of law, amounts in the Fund shall be available for El Salvador
solely to support costs of demobilization, retraining,
relocation, and reemployment in civilian pursuits of former
combatants in the conflict in El Salvador, and of the
monitoring of the permanent settlement and cease-fire.
(4) Duration of Availability of Funds.--Notwithstanding any
other provision of law, amounts transferred to the Fund shall
remain available until expended.
(g) Strengthening Civilian Control Over the Military.--In
order to strengthen the control of the democratically-elected
civilian Government of El Salvador over the armed forces of
that country, United States military assistance for any fiscal
year may be delivered to the armed forces of El Salvador only
with the prior approval of the duly elected President of El
Salvador.
(h) Support for Democracy.--(1) Establishing a Program.--
The Secretary of State, through agreement with the National
Endowment for Democracy or other qualified organizations, shall
establish and carry out a program of education, training, and
dialogue for the purpose of strengthening democratic political
and legal institutions in El Salvador.
(2) Election Monitoring.--Of the amounts made available to
carry out this subsection, up to $2,000,000 may be used for
support for monitoring the 1991 municipal and National Assembly
elections in El Salvador, and for monitoring the registration
and campaign processes leading up to those elections, by
appropriate organizations such as the United Nations, the
Organization of American States, the Carter Center, the
National Democratic Institute for International Affairs, the
National Republican Institute for International Affairs, and
the Center for Electoral Assistance and Promotion (CAPEL) of
San Jose, Costa Rica.
(3) Assistance.--Up to $10,000,000 of funds appropriated
under the heading ``Economic Support Fund'' for fiscal year
1991 may be used to carry out this subsection.
(i) \2\ Reporting Requirements. * * * [Repealed--1994]
---------------------------------------------------------------------------
\2\ Sec. 139(22) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 399) repealed
subsec. (i), which had required that the President report to Congress
every 180 days on progress in the negotiations in El Salvador.
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(j) Definitions.--For purposes of this section--
(1) the term ``United States assistance'' has the
same meaning as is given to such term by section
481(i)(4) of the Foreign Assistance Act of 1961 and
includes United States military assistance as defined
in paragraph (2); and
(2) the term ``United States military assistance''
means--
(A) assistance to carry out chapter 2
(relating to grant military assistance) or
chapter 5 (relating to international military
education and training) of part II of the
Foreign Assistance Act of 1961; and
(B) assistance to carry out section 23 of the Arms
Export Control Act.
* * * * * * *
environment and global warming
Sec. 533.\3\ (a) It is the policy of the United States that
sustainable economic growth must be predicated on the
sustainable management of natural resources. The Secretary of
the Treasury shall instruct the United States Executive
Director of each multilateral development bank (MDB) to promote
vigorously within each MDB the expansion of programs in areas
which address the problems of global climate change through
requirements to--
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\3\ 22 U.S.C. 262l. Similar language was first enacted as sec. 540
of the Foreign Assistance Appropriations Act, 1986.
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(1) expand programs in energy conservation, end use
energy efficiency, and renewable energy and promotion
by--
(A) continuing to augment and expand
professional staffs with expertise in these
areas;
(B) giving priority to these areas in the
``least cost'' energy sector investment plans;
(C) encouraging and promoting these areas in
policy-based energy sector lending;
(D) developing loans for these purposes; and
(E) convening seminars for MDB staff and
board members on these areas and alternative
energy investment opportunities;
(2) provide analysis for each proposed loan to
support additional power generating capacity comparing
demand reduction costs to proposal costs;
(3) continue to assure that environmental impact
assessments (EIA) of proposed energy projects are
conducted early in the project cycle, include
consideration of alternatives to the proposed project,
and encourage public participation in the EIA process;
(4) continue to include the environmental costs of
proposed projects with significant environmental
impacts in economic assessments; and
(5) continue to provide technical assistance as a
component of energy sector lending.
(b) The Secretary of the Treasury shall, not later than March
1, 1991, submit an annual report to the Congress which shall
include--
(1) a detailed description of how the natural
resource management initiatives mandated by this
section have been incorporated in the Administration's
efforts to address Third World Debt (the Brady Plan);
(2) a detailed description of progress made by each
of the MDBs in adopting and implementing programs
meeting the standards set out in subsection (a)
including, in particular, efforts by the Department of
the Treasury to assure implementation of this section,
progress made by each MDB in subsection (a)(1)(B), and
the amounts and proportion of lending in the energy
sector for projects or programs in subsection (a)(1);
(3) the progress the Inter-American Development Bank
has made in implementing environmental reforms;
(4) an updated analysis of each MDB's forestry sector
loans, and a current analysis of each MDB's energy
sector loans, and their impact on emissions of
CO2 and the status of proposals for specific
forestry and energy sector activities to reduce
CO2 emissions; and
(5) the progress the International Bank for
Reconstruction and Development has made in implementing
the recommendations set forth in the April 1, 1988,
report on ``Debt-for-Nature Swaps'' by the World Bank.
(c)(1) The Administrator of the Agency for International
Development shall update and issue guidance to all Agency
missions and bureaus detailing the elements of the ``Global
Warming Initiative'',\4\ which will continue to emphasize the
need to reduce emissions of greenhouse gases, especially
CO2 and CFCs, through strategies consistent with
continued economic development. This initiative shall continue
to emphasize the need to accelerate sustainable development
strategies in areas such as reforestation, biodiversity, end-
use energy efficiency, least-cost energy planning, and
renewable energy, and shall encourage mission directors to
incorporate the elements of this initiative in developing their
country programs.
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\4\ See sec. 534 of the Foreign Assistance Appropriations Act,
1990, page 1155.
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(2) The Administrator shall pursue this initiative by, among
other things--
(A) increasing the number and expertise of personnel
devoted to this initiative in all bureaus and missions;
(B) devoting increased resources to technical
training of mission directors;
(C) accelerating the activities of the Multi-Agency
Working Group on Power Sector Innovation;
(D) focusing tropical forestry assistance programs on
the key middle- and low-income developing countries
(hereinafter ``key countries'') which are projected to
contribute large amounts of greenhouse gases to the
global environment;
(E) assisting countries in developing a systematic
analysis of the appropriate use of their total tropical
forest resources, with the goal of developing a
national program for sustainable forestry;
(F) focusing energy assistance activities on the key
countries, where assistance would have the greatest
impact on reducing emissions from greenhouse gases; and
(G) continuing to follow the directives with respect
to key countries and countries that receive large
Economic Support Fund assistance contained in section
534(b)(3) of Public Law 101-167.
(3) None of the funds appropriated in this Act shall be
available for any program, project or activity which would--
(A) result in any significant loss of tropical
forests; or
(B) involve commercial \5\ timber extraction in
primary tropical forest areas unless an environmental
assessment: \6\
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\5\ Sec. 308(1) of Public Law 102-27 (105 Stat. 152) struck out
``industrial'' and inserted in lieu thereof ``commercial''.
\6\ Sec. 308(2) of Public Law 102-27 (105 Stat. 152) inserted
``unless an environmental assessment'' and three clauses under subpara.
(B).
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(i) identifies potential impacts on
biological diversity;
(ii) demonstrates that all timber extraction
will be conducted according to an
environmentally sound management system which
maintains the ecological functions of the
natural forest and minimizes impacts on
biological diversity; and
(iii) demonstrates that the activity will
contribute to reducing deforestation.
(4) Funds appropriated to carry out the provisions of
sections 103 and 106 of the Foreign Assistance Act of 1961, as
amended, may be used by the Agency for International
Development, notwithstanding any other provision of law, for
the purpose of supporting tropical forestry and energy programs
aimed at reducing emissions of greenhouse gases with regard to
the key countries in which deforestation and energy policy
would make a significant contribution to global warming, except
that such assistance shall be subject to sections 116, 502B,
and 620A of the Foreign Assistance Act of 1961.
(5) Funds appropriated by this Act to carry out the
provisions of sections 103 and 106 of the Foreign Assistance
Act of 1961 may be used for expenses (including related support
costs) relating to the environment and energy sectors, of
employees or individuals detailed to or employed by the Agency
for International Development, particularly those involved with
the ``Global Warming Initiative'' described in this subsection.
(d) * * *
(e) * * *
(f) \7\ Chapter 2 of part II of the Foreign Assistance Act of
1961 is amended by adding the following new section: * * *
---------------------------------------------------------------------------
\7\ Subsec. (f) added a new sec. 518 to the Foreign Assistance Act
of 1961 (22 U.S.C. 2321l.), relating to natural resources and wildlife
management.
---------------------------------------------------------------------------
(g) * * *
* * * * * * *
general authorizations
Sec. 562. General Authorizations.--
* * * * * * *
(c) \8\ Reports to Congress.--As part of the annual
Congressional Presentation materials for economic assistance,
the Administrator of the Agency for International Development
shall include a description of the progress made during the
previous fiscal year in carrying out chapter 10 of part I of
the Foreign Assistance Act of 1961 in three countries in sub-
Saharan Africa which represent differing economic situations
and levels of progress. The description shall include--
---------------------------------------------------------------------------
\8\ 22 U.S.C. 2293 note.
---------------------------------------------------------------------------
(1) the nature and extent of consultation to ensure
local perspectives, as described in subsections (e)(1)
and (f) of section 496;
(2) the degree of involvement of local people in the
implementation of projects having a local focus;
(3) the extent to which there has been expansion of
the participation and integration of African women in
each of the critical sectors specified in section
496(i);
(4) program assistance provided, including the
amounts obligated, the criteria used for assisting
reforms, and the provisions made pursuant to section
496(h)(2)(B) to protect vulnerable groups from possible
negative consequences of the reforms; and
(5) a description of the assistance for the critical
sector priorities specified in section 496(i), by
sector, including the amounts obligated.
* * * * * * *
property management fund
Sec. 585. (a) The proceeds of overseas property acquired by
the Agency for International Development under the authority of
section 636(c) of the Foreign Assistance Act of 1961 may be
deposited in a separate fund, which shall be known as the
Property Management Fund. Such proceeds shall be available for
use only for the purposes of section 636(c) of that Act, and
shall remain available until expended. The Administrator of the
Agency for International Development shall report all uses of
funds deposited into the Property Management Fund as part of
the annual Congressional Presentation materials submitted by
the Agency for International Development.
(b) The provisions of subsection (a) shall be applicable to
property acquired prior to the date of enactment of this Act
and at any time thereafter.
iraq sanctions act of 1990 \9\
SEC. 586. SHORT TITLE.
Sections 586 through 586J of this Act may be cited as the
``Iraq Sanctions Act of 1990''.
---------------------------------------------------------------------------
\9\ For this and other legislation relating to Iraq, see
Legislation on Foreign Relations Through 2008, vol. I-B.
---------------------------------------------------------------------------
* * * * * * *
benefits for united states hostages in iraq and kuwait and united
states hostages captured in lebanon
Sec. 599C.\10\ (a) Eligibility.--United States hostages in
Iraq and Kuwait, and United States hostages captured in
Lebanon, shall, subject to the availability of funds under
subsection (e), be entitled to the benefits described in this
section. Except as otherwise provided in this section or other
provision of law, no such individual or any family member shall
receive any benefit under the provisions of title 5, United
States Code during fiscal year 1991 and hereafter.\11\
---------------------------------------------------------------------------
\10\ The Department of State established criteria for benefits for
hostages in Iraq, Kuwait, or Lebanon in Public Notice 1308, November
30, 1990 (55 F.R. 52837-8, 52928; 22 CFR Part 193), and amended those
criteria in Public Notice 1565, effective January 16, 1992 (57 F.R.
3282; January 29, 1992).
\11\ Sec. 302(a)(1) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 707), added
``during fiscal year 1991 and hereafter'', effective November 5, 1990.
---------------------------------------------------------------------------
(b) Payments for Duration of Hostage Status, Life Insurance,
and Health Insurance.--(1) Not later than 30 days after the
date of enactment of this Act, the Office of Personnel
Management, after consultation with the Department of State,
shall prescribe regulations, consistent with this section, for
the application of the provisions of chapter 87 (relating to
life insurance) and chapter 89 (relating to health insurance)
of title 5, United States Code, to the United States hostages
in Iraq or Kuwait, and United States hostages captured in
Lebanon, and their family members for the period that such
hostages remain in hostage status.
(2) United States hostages in Iraq or Kuwait, and United
States hostages captured in Lebanon, shall, subject to the
availability of funds under subsection (e), be paid at the rate
of pay for a position at GS-9 of the General Schedule for the
period in which such hostages remained in a hostage status
without the hostages (or their family members on their behalf)
receiving salaries or wages from their employers. For purposes
of this paragraph, any United States hostage captured in
Lebanon who was paid a salary or wage in Lebanese pounds in
amounts that were not adjusted to compensate for any
devaluation of the Lebanese pound that occurred during such
hostage's period of captivity shall not be considered to have
received a salary or wage from an employer.\12\
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\12\ Sec. 5(a) of Public Law 102-499 (106 Stat. 3266) added the
last sentence to para. (2). Sec. 5(b) of that Act further provided that
``the amendment made by subsection (a) shall be deemed to have become
effective as of the date of enactment of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991.''.
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(3) Except as provided in paragraph (5), during \13\ the
period of an individual's hostage status and during the 12-
month period after the hostage status of that individual
ceases, such individual and his family members shall, subject
to the availability of funds under subsection (e), be entitled
to health benefits covered by paragraph (1) if such benefits
were not provided by any other insurance coverage.
---------------------------------------------------------------------------
\13\ Sec. 302(a)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 707), struck
out ``During'' in paras. (3) and (4), and inserted in lieu thereof
``Except as provided in paragraph (5), during'', effective November 5,
1990.
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(4) Except as provided in paragraph (5), during \13\ the
period of an individual's hostage status and during the 12-
month period after the hostage status of that individual
ceases, that individual shall, subject to the availability of
funds under subsection (e), be entitled to life insurance
benefits covered by paragraph (1) if such benefits were not
provided by any other insurance coverage.
(5) \14\ For purposes of the application of paragraphs (3)
and (4) to United States hostages captured in Lebanon, the
period of entitlement of benefits, subject to the availability
of funds, shall be the period of an individual's hostage
status, plus a 60-month period following the termination of the
hostage status of that individual.
---------------------------------------------------------------------------
\14\ Sec. 302(a)(3) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 708), added
para. (5), effective November 5, 1990.
---------------------------------------------------------------------------
(c) Administration of Authorities.--(1) For purposes of this
section, the Secretary of State shall certify to such officer
of the United States as may require such information the names
of the United States hostages in Iraq and Kuwait, and United
States hostages captured in Lebanon, and their family members.
(2) For purposes of the protection of the identity of any
individual, the Secretary of State may submit any certification
under this subsection in classified form.
(3) The Secretary of State may require of any individual such
verification of hostage status as he may deem necessary.
(d) Definitions.--For purposes of this section--
(1) the term ``hostage status'' means, with respect
to United States hostages in Iraq and Kuwait, the
status of being held in custody by governmental or
military authorities of a country or taking refuge
within that country in fear of being taken into such
custody (including residing in any diplomatic mission
or consular post in that country); and, with respect to
United States hostages captured in Lebanon, the status
of a person described in paragraph (4)(B);
(2) the term ``family members'' means spouses,
dependents, and any individuals who are members of the
households of United States hostages in Iraq and Kuwait
or United States hostages captured in Lebanon;
(3) the term ``United States economic sanctions
against Iraq'' means the exercise of authorities under
the International Emergency Economic Powers Act by the
President with respect to financial transactions with
Iraq;
(4)(A) the term ``United States hostages in Iraq and
Kuwait'' means United States nationals, or family
members of United States nationals, who are in a
hostage status in Iraq or Kuwait during the period
beginning on August 2, 1990, and terminating on the
date on which United States economic sanctions against
Iraq are lifted; and
(B) \15\ the term ``United States hostages captured
in Lebanon'' means United States nationals, including
lawful permanent residents of the United States, who
have been forcibly detained, held hostage, or interned
for any period of time after June 1, 1982, by any
government (including the agents thereof) or group in
Lebanon for the purpose of coercing the United States
Government or any other government.
---------------------------------------------------------------------------
\15\ Sec. 302(a)(4) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 708), amended
and restated subpara. (B), effective November 5, 1990. It formerly read
as follows:
``(B) the term `United States hostages captured in Lebanon' means
United States nationals who have been forcibly detained, held hostage,
or interned by an enemy government or its agents, or a hostile force,
in Lebanon since January 1, 1990.''.
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(5) the term ``United States national'' means any
individual who is a citizen of the United States or
who, though not a citizen of the United States, owes
permanent allegiance to the United States.
(e) Allocation of Funds.--(1) Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', up to
$10,000,000 shall be available to carry out this section.
(2) \16\ Notwithstanding any other provision of law, funds
allocated under paragraph (1) are authorized to remain
available until expended.
---------------------------------------------------------------------------
\16\ Sec. 302(a)(5) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 708), amended
and restated para. (2), effective November 5, 1990. It formerly read as
follows:
``(2) The authority to obligate funds under the authority provided
by this section shall expire six months after the date of enactment of
this Act.''.
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* * * * * * *
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991''.
z. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990
Partial text of Public Law 101-167 [H.R. 3743], 103 Stat. 1195,
approved November 21, 1989, as amended by Public Law 101-302 [Dire
Emergency Supplemental Appropriations for Disaster Assistance, Food
Stamps, Unemployment Compensation Administration, and Other Urgent
Needs, and Transfers, and Reducing Funds Budgeted for Military Spending
Act of 1990; H.R. 4404], 104 Stat. 213, approved May 25, 1990; Public
Law 101-513 [Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1991; H.R. 5114], 104 Stat. 1979, approved November
5, 1990; Public Law 101-649 [Immigration Act of 1990; S. 358], 104
Stat. 4978, approved November 29, 1990; Public Law 102-27 [Dire
Emergency Supplemental Appropriations for Consequences of Operation
Desert Shield/Desert Storm, Food Stamps, Unemployment Compensation
Administration, Veterans Compensation and Pensions, and Other Urgent
Needs Act of 1991; H.R. 1281], 105 Stat. 130, approved April 10, 1991;
Public Law 102-138 [Foreign Relations Authorization Act, Fiscal Years
1992 and 1993; H.R. 1415], 105 Stat. 647, approved October 28, 1991;
Public Law 102-232 [Miscellaneous and Technical Immigration and
Naturalization Amendments of 1991; H.R. 3049], 105 Stat. 1733, approved
December 12, 1991; Public Law 102-391 [Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1993; H.R. 5368],
106 Stat. 1633, approved October 6, 1992; and Public Law 102-511
[FREEDOM Support Act; S. 2532], 106 Stat. 3320, approved October 24,
1992; Public Law 103-236 [Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30,
1994; Public Law 103-416 [Immigration and Nationality Technical
Corrections Act of 1994; H.R. 783], 108 Stat. 4305, approved October
25, 1994; Public Law 104-208 [Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997; sec. 101(c) of title I of
the Omnibus Consolidated Appropriations Act, 1997; H.R. 3610], 110
Stat. 3009, approved September 30, 1996; Public Law 104-319 [Human
Rights, Refugee, and Other Foreign Relations Provisions Act of 1996;
H.R. 4036], 110 Stat. 3864, approved October 19, 1996; Public Law 105-
118 [Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1998; H.R. 2159], 111 Stat. 2386, approved November
26, 1997; Public Law 105-277 [Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 1999
(division A, sec. 101(f)); H.R. 4328], 112 Stat. 2681, approved October
21, 1998; Public Law 106-113 [Department of Health and Human Services
Appropriations Act, 2000; title II of H.R. 3424, enacted by reference
in sec. 1000(a)(4) of Consolidated Appropriations Act for Fiscal Year
2000; H.R. 3194], 113 Stat. 1501, approved November 29, 1999; Public
Law 106-554 [Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2001; H.R. 5656,
introduced on December 14, 2000, as enacted in sec. 1(a)(1) of the
Consolidated Appropriations Act for Fiscal Year 2001; H.R. 4577], 114
Stat. 2763, approved December 21, 2000; Public Law 107-116 [Departments
of Labor, Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2002; H.R. 3061], 115 Stat. 2177, approved
January 10, 2002; Public Law 108-7 [Department of Health and Human
Services Appropriations Act, 2003; H.J. Res. 2], 117 Stat. 11 at 307,
approved February 20, 2003; Public Law 108-199 [Department of Health
and Human Services Appropriations Act, 2004; H.R. 2673], 118 Stat. 3 at
237, approved January 23, 2004; Public Law 108-447 [Consolidated
Appropriations Act, 2005; H.R. 4818], 118 Stat. 2809, approved
December 8, 2004; Public Law 109-102
[Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006; H.R. 3057], 119 Stat. 2172, approved November
14, 2005; Public Law 109-289 [Continuing Appropriations Resolution,
2007; H.R. 5631; as amended by Public Law 110-5; H.J. Res. 20], 121
Stat. 8, approved February 15, 2007; Public Law 110-161 [Consolidated
Appropriations Act, 2008; H.R. 2764], 121 Stat. 1844, approved December
26, 2007; and Public Law 111-8 [Omnibus Appropriations Act, 2009; H.R.
1105], 123 Stat. 524, approved March 11, 2009
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 1990, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for foreign operations,
export financing, and related programs for the fiscal year
ending September 30, 1990, and for other purposes, namely:
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
united nations voting record
Sec. 527.\1\ (a) In General.--Not later than March 31 of
each year, the Secretary of State shall transmit to the Speaker
of the House of Representatives and the President of the Senate
a full and complete annual report which assesses for the prior
calendar year, with respect to each foreign country member of
the United Nations, the voting practices of the governments of
such countries at the United Nations, and evaluates General
Assembly and Security Council actions and the responsiveness of
those governments to United States policy on issues of special
importance to the United States.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2414a note. See also sec. 406 of the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law
101-246), requiring an annual report to Congress on voting practices at
the United Nations, in Legislation on Foreign Relations Through 2008,
vol. II-A.
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(b) Information on Voting Practices in the United
Nations.--Such report shall include, with respect to voting
practices and plenary actions in the United Nations during the
preceding year, information to be compiled and supplied by the
Permanent Representative of the United States to the United
Nations, consisting of--
(1) an analysis and discussion, prepared in
consultation with the Secretary of State, of the extent
to which member countries supported United States
policy objectives at the United Nations;
(2) an analysis and discussion, prepared in
consultation with the Secretary of State, of actions
taken by the United Nations by consensus;
(3) with respect to plenary votes of the United
Nations General Assembly--
(A) a listing of all such votes on issues
which directly affected important United States
interests and on which the United States
lobbied extensively and a brief description of
the issues involved in each such vote;
(B) a listing of the votes described in
subparagraph (A) which provides a comparison of
the vote cast by each member country with the
vote cast by the United States;
(C) a country-by-country listing of votes
described in subparagraph (A); and
(D) a listing of votes described in
subparagraph (A) displayed in terms of United
Nations regional caucus groups;
(4) a listing of all plenary votes cast by member
countries of the United Nations in the General Assembly
which provides a comparison of the vote cast by each
member country with the vote cast by the United States;
(5) an analysis and discussion, prepared in
consultation with the Secretary of State, of the extent
to which other members supported United States policy
objectives in the Security Council and a separate
listing of all Security Council votes of each member
country in comparison with the United States; and
(6) a side-by-side comparison of agreement on
important and overall votes for each member country and
the United States.
(c) Format.--Information required pursuant to subsection
(b)(3) shall also be submitted, together with an explanation of
the statistical methodology, in a format identical to that
contained in chapter II of the March 14, 1988, Report to
Congress on Voting Practices in the United Nations.
(d) Statement by the Secretary of State.--Each report under
subsection (a) shall contain a statement by the Secretary of
State discussing the measures which have been taken to inform
United States diplomatic missions of United Nations General
Assembly and Security Council activities.
(e) Technical and Conforming Amendments.--* * *
* * * * * * *
global warming initiative
Sec. 534. (a) Tropical Forestry Assistance.--(1) In order
to achieve the maximum impact from activities relating to
tropical forestry, the Agency for International Development
shall focus tropical forestry assistance programs on the key
middle- and low-income developing countries (hereinafter ``key
countries'') which are projected to contribute large amounts of
greenhouse gases related to global warming as a result of
industrialization and the burning of fossil fuels, and
destruction of tropical forests.
(2) Funds appropriated to carry out the provisions of
sections 103 and 106 of the Foreign Assistance Act of 1961, as
amended, may be used by the Agency for International
Development, notwithstanding any other provision of law, for
the purpose of supporting tropical forestry programs aimed at
reducing emissions of greenhouse gases with regard to the key
countries in which deforestation makes a significant
contribution to global warming, except that such assistance
shall be subject to sections 116, 502B, and 620A of the Foreign
Assistance Act of 1961.
(3) In providing assistance relating to tropical forests,
the Administrator of that Agency shall, to the extent feasible
and appropriate, assist countries in developing a systematic
analysis of the appropriate use of their total tropical forest
resources, with the goal of developing a national program for
sustainable forestry.
(b) Energy Assistance.--(1) In order to achieve the maximum
impact from activities relating to energy, the Agency for
International Development shall focus energy assistance
activities on the key countries, where assistance would have
the greatest impact on reducing emissions from greenhouse
gases. Such assistance shall be focused on improved energy
efficiency, increased use of renewable energy resources and
national energy plans (such as least-cost energy plans) which
include investment in end-use efficiency and renewable energy
resources.
(2) Funds appropriated to carry out the provisions of
sections 103 and 106 of the Foreign Assistance Act of 1961, as
amended, may be used by the Agency for International
Development, notwithstanding any other provision of law, for
the purpose of supporting energy programs aimed at reducing
emissions of greenhouse gases related to global warming with
regard to the key countries, except that such assistance shall
be subject to sections 116, 502B, and 620A of the Foreign
Assistance Act of 1961.
(3) It is the sense of the Congress that the Agency for
International Development should increase its efforts in the
fields of energy efficiency, renewable energy, and energy
planning. Such increase should take place with respect to key
countries and countries with large Economic Support Fund
project assistance. Such efforts should include--
(A) an increase in the number of Agency for
International Development staff with energy expertise,
including staff with expertise in renewable energy
technologies and end-use efficiency;
(B) assistance to develop analyses of energy-sector
actions that could minimize emissions of greenhouse
gases at least cost, while at the same time meeting
basic economic and social development needs. Such
assistance should include country-specific analyses
which compare the economic and environmental costs of
actions to promote energy efficiency and
nonconventional renewable energy with the economic and
environmental costs of investments to provide
additional conventional energy supplies;
(C) assistance to develop energy-sector plans that
employ end-use analysis and other techniques to
identify the most cost-effective actions to minimize
increased reliance on fossil fuels, ensuring to the
maximum extent feasible that nongovernmental
organizations and academic institutions are involved in
this planning;
(D) insuring that AID energy assistance--including
support for private-sector initiatives--is consistent
with the analyses and plans described in subparagraphs
(B) and (C) above, and that environmental impacts
(including that on global warming) and alternatives
have been fully analyzed;
(E) assistance to improve efficiency in the
production, transmission, distribution, and use of
energy. Such assistance should focus on the development
of institutions to (i) promote energy efficiency in all
sectors of energy production and use, (ii) provide
training and technical assistance to help energy
producers and users identify cost-effective actions to
improve energy efficiency, (iii) finance specific
investments in energy efficiency in all sectors of
energy production and use, and (iv) improve local
capabilities in the research, development, and sale of
energy efficient technologies;
(F) assistance in exploiting nonconventional
renewable energy resources, including wind, solar,
small-hydro, geothermal, and advanced biomass systems.
This assistance should also promote efficient use of
traditional biomass fuels through improved fuelwood
management and improved methods of charcoal production;
(G) expanding efforts to meet the energy needs of the
rural poor through the methods described in
subparagraphs (E) and (F). Specifically these efforts
should promote improved efficiency in the use of
biomass fuels for household energy, improved systems of
fuelwood management, and the development of the
nonconventional renewable energy systems described in
subparagraph (F);
(H) encouraging host countries to sponsor meetings
with officials from the United States utility sector
who are leaders in energy efficiency and other United
States experts to discuss the application of least-cost
planning techniques;
(I) developing a cadre of United States experts from
industry, academia, nonprofit organizations, and
government agencies capable of providing technical
assistance to developing countries concerning energy
policy and planning, energy efficiency and renewable
energy resources;
(J) in cooperation with the Department of Energy, the
Environmental Protection Agency, the World Bank, and
the Development Assistance Committee of the OECD,
supporting research concerning the ways developing
nations can meet their energy needs while minimizing
global warming and how to meet those needs; and
(K) strengthening the Agency for International
Development's partnership with the Department of Energy
in order to ensure that the Agency's energy efforts
take full advantage of United States expertise and
technology.
(c) Reports and Authorities.--(1) The Agency for
International Development, in consultation with the
Environmental Protection Agency (EPA), the Department of State,
and other appropriate agencies, shall submit to Congress no
later than April 15, 1990, a report which (1) examines the
potential contributions of developing countries to future
global emissions of greenhouse gases under different economic
growth scenarios, (2) estimates the relative contributions of
those countries to global greenhouse gas emissions, and (3)
identifies specific key countries which stand to contribute
significantly to global greenhouse gas emissions, and in which
actions to promote energy efficiency, reliance on renewable
energy resources, and conservation of forest resources could
significantly reduce emissions of greenhouse gases. This report
should utilize existing data, including the models and
methodologies already developed by the EPA for their report to
Congress on policy options for stabilizing global climate.
(2) Of the funds appropriated to carry out the provisions
of sections 103 and 106 of the Foreign Assistance Act of 1961,
as amended, the Agency for International Development may use
such amounts as may be necessary to reimburse United States
Government agencies, agencies of State governments, and
institutions of higher learning for the full costs of employees
detailed or assigned to the Agency for International
Development for the purpose of carrying out activities relating
to forestry and energy programs aimed at reducing emissions of
greenhouse gases related to global warming. Personnel who are
detailed or assigned for the purposes of this section shall not
be included within any personnel ceiling applicable to any
United States Government agency during the period of detail or
assignment.
(d) \2\ Export-Import Bank.--(1) Of the financing provided
by the Export-Import Bank that is utilized for the support of
exports for the energy sector, the Bank shall seek to provide
not less than 5 per centum of such financing for renewable
energy projects.
---------------------------------------------------------------------------
\2\ 12 U.S.C. 635g note.
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(2) The Export-Import Bank shall take all appropriate steps
to finance information exchanges and training whose purpose it
is to help link United States producers in the renewable energy
sector with assistance programs and potential foreign
customers.
(3) Beginning on April 15, 1990, the Chairman of the
Export-Import Bank shall submit an annual report to the
Committees on Appropriations on the Bank's implementation of
this subsection.
* * * * * * *
narcotics control program
Sec. 569. * * *
(d) \3\ (1) If any funds made available for any fiscal year
for security assistance are not used for assistance for the
country for which those funds were allocated because of any
provision of law requiring the withholding of assistance for
countries that have not taken adequate steps to halt illicit
drug production of trafficking, the President shall use those
funds for additional assistance for those countries which have
met their illicit drug eradication targets or have otherwise
taken significant steps to halt illicit drug production or
trafficking, as follows:
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\3\ 22 U.S.C. 2291 note.
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(A) Those funds may be transferred to and
consolidated with the funds made available to carry out
section 481 of the Foreign Assistance Act of 1961 in
order to provide additional narcotics control
assistance for those countries. Funds transferred under
this paragraph may only be used to provide increased
funds for activities previously justified to the
Congress. Transfers may be made under this paragraph
without regard to the 20-percent increase limitation
contained in section 610 of the Foreign Assistance Act.
(B) Any such funds not used under subparagraph (A)
shall be reprogrammed within the account for which they
were appropriated (subject to the regular reprogramming
procedures of the Committees on Appropriations) in
order to provide additional security assistance for
those countries.
(2) As used in this section, the term ``security
assistance'' means economic support fund assistance, foreign
military financing, and international military education and
training.
* * * * * * *
modernization of military capabilities of certain countries
Sec. 573.\4\ (a) Authority To Transfer Excess Defense
Articles.--
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\4\ 22 U.S.C. 2321j note.
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(1) NATO southern flank countries.--The President may
transfer--
(A) to any NATO southern flank country which
is eligible for United States security
assistance and which is integrated into NATO's
military structure; and
(B) to any major non-NATO ally on the
southern and southeastern flank of NATO which
is eligible for United States security
assistance, such excess defense articles as may
be necessary to help modernize the defense
capabilities of such country.
(2) Major illicit drug producing countries.--Subject
to subsection (f), the President may transfer to any
country--
(A) which is a major illicit drug producing
country,
(B) which has a democratic government, and
(C) whose armed forces do not engage in a
consistent pattern of gross violations of
internationally recognized human rights, such
excess defense articles as may be necessary to
carry out subsection (f)(1).
(3) Terms of transfers.--Excess defense articles may
be transferred under this section without cost to the
recipient country.
(b) Limitations on Transfers.--The President may transfer
excess defense articles under this section only if--
(1) they are drawn from existing stocks of the
Department of Defense;
(2) funds available to the Department of Defense for
the procurement of defense equipment are not expended
in connection with the transfer; and
(3) the President determines that the transfer of the
excess defense articles will not have an adverse impact
on the military readiness of the United States.
(c) Notification to Congress.--
(1) Advance notice.--The President may not transfer
excess defense articles under this section until thirty
days after the President has provided notice of the
proposed transfer to the committees specified in
paragraph (2). This notification shall include--
(A) a certification of the need for the
transfer;
(B) an assessment of the impact of the
transfer on the military readiness of the
United States; and
(C) the value of the excess defense articles
to be transferred.
(2) Committees to be notified.--Notice shall be
provided pursuant to paragraph (1) to the Committee on
Foreign Affairs, and the Committee on Appropriations of
the House of Representatives and the Committee on Armed
Services, the Committee on Foreign Relations, and the
Committee on Appropriations of the Senate.
(d) Waiver of Requirement for Reimbursement of DOD
Expenses.--Section 632(d) of the Foreign Assistance Act of 1961
does not apply with respect to transfers of excess defense
articles under this section.
(e) \5\ Maintenance of Military Balance in Eastern
Mediterranean.--
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\5\ Sec. 578(b) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1993 (Public Law 102-391; 106
Stat. 1685), provided that:
``(b) During fiscal year 1993, the provisions of section 573(e) of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990, (as amended by subsection (a) of this
section) shall be applicable, for the period specified therein, to
excess defense articles made available under sections 516 and 519 of
the Foreign Assistance Act of 1961.''.
See para. (2) for subsec. (a) amendment.
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(1) United states policy.--The Congress intends that
excess defense articles be made available under this
section consistent with the United States policy,
established by section 841 of the International
Cooperation Act of 1989, of maintaining the military
balance in the Eastern Mediterranean.
(2) Maintenance of balance.--Accordingly, the
President shall ensure that, over the four-year period
beginning on October 1, 1992,\6\ the ratio of--
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\6\ Sec. 578(a) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1993 (Public Law 102-391; 106
Stat. 1685), struck out ``three year [sic] period beginning on October
1, 1989'' and inserted in lieu thereof ``four-year period beginning on
October 1, 1992''.
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(A) the value of excess defense articles made
available for Turkey under this section, to
(B) the value of excess defense articles made
available for Greece under this section,
closely approximates the ratio of--
(i) the amount of foreign military
financing provided for Turkey, to
(ii) the amount of foreign military
financing provided for Greece.
(3) Exception to requirement.--This subsection shall
not apply if either Greece or Turkey ceases to be
eligible to receive excess defense articles under
subsection (a).
(f) Major Illicit Drug Producing Countries in Latin America
and the Caribbean.--
(1) Purpose.--Excess defense articles shall be
transferred under subsection (a)(2) for the purpose of
encouraging the military forces of an eligible country
in Latin America and the Caribbean to participate with
local law enforcement agencies in a comprehensive
national antinarcotics program, conceived and developed
by the government of that country, by conducting
activities within that country and on the high seas to
prevent the production, processing, trafficking,
transportation, and consumption of illicit narcotic or
psychotropic drugs or other controlled substances.
(2) Uses of excess defense articles.--Excess defense
articles may be furnished to a country under subsection
(a)(2) only if that country ensures that those excess
defense articles will be used only in support of
antinarcotics activities.
(3) Role of the secretary of state.--The Secretary of
State shall determine the eligibility of countries to
receive excess defense articles under subsection (a)(2)
and insure that any transfer is coordinated with other
antinarcotics enforcement programs assisted by the
United States Government.
(4) Limitation.--The aggregate value of excess
defense articles transferred to a country under
subsection (a)(2) in any fiscal year may not exceed
$10,000,000.
(g) Definitions.--As used in this section--
(1) the term ``excess defense article'' has the
meaning given that term by section 644(g);
(2) the term ``made available'' means that a good
faith offer is made by the United States to furnish the
excess defense articles to a country;
(3) the term ``major non-NATO ally'' includes
Australia, Egypt, Israel, Japan, and New Zealand;
(4) the term ``NATO'' means the North Atlantic Treaty
Organization; and
(5) the term ``NATO southern flank countries'' means
Greece, Italy, Portugal, Spain, and Turkey.
* * * * * * *
stingers for bahrain
Sec. 581. (a) Previously Transferred Stingers.--
Notwithstanding section 580,\7\ section 573(b)(4) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988,\8\ and section 566(b)(4) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989,\9\ shall cease to apply with respect
to Stingers made available to Bahrain under those sections if
the President determines, and notifies the Committees on
Appropriations and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate, that--
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\7\ Sec. 580 provided that ``Except as provided in section 581, the
United States may not sell or otherwise make available any Stingers to
any country bordering the Persian Gulf under the Arms Export Control
Act of chapter 2 of part II of the Foreign Assistance Act of 1961.''.
\8\ Sec. 573(b)(4) provided:
``(4) the recipient country has agreed to a United States buyback
of all the remaining missiles and components which have not been
destroyed or fired in order to return them to the possession and
control of the United States when another United States air defense
system which meets the military requirements can be made available or
not more than 18 months from the enactment of this legislation.''.
\9\ Sec. 566(b)(4) provided the same intent as the previous note.
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(1) the Stingers are needed by Bahrain to counter an
immediate air threat or to contribute to the protection
of United states personnel, facilities, equipment, or
operations;
(2) no other appropriate system is available from the
United States;
(3) Bahrain has agreed, in writing, to such
safeguards to protect against diversion of the Stingers
as may be required by the United States; and
(4) Bahrain has agreed in writing to return to the
possession and control of the United States all
Stingers made available under those sections and
subsection (b) of this section, other than Stingers
which have been fired or otherwise destroyed, at any
time the United States determines, subject to
subsection (c).
(b) Replacement Stingers.--Notwithstanding section 580,
Stingers may be made available to Bahrain under the Arms Export
Control Act of the Foreign Assistance Act of 1961 after
September 30, 1989, in order to replace, on a one-for-one
basis, Stingers previously made available under this
subsection, sec. 573 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1988, or
section 566 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989, that have been fired
or otherwise destroyed, subject to the following conditions:
(1) Determinations.--Replacement Stingers may be made
available to Bahrain pursuant to this subsection only
if the President makes the determinations specified in
paragraphs (1) through (4) of subsection (a).
(2) Notice to congress before stingers are
transferred.--At least 30 days before making any
replacement Stingers available to Bahrain pursuant to
this subsection, the President shall notify the
committees designated in subsection (a) that he has
made the determinations required by paragraph (1). Any
such notification shall include the information
required in a certification under section 36(b) of the
Arms Export Control Act. This paragraph applies without
regard to the value of the Stingers to be made
available.
(c) Return of Stingers to the United States.--All Stingers
made available to Bahrain pursuant to subsections (a) and (b),
other than those fired or otherwise destroyed, shall be
returned to the possession and control of the United states not
later than September 30, 1991, unless the President--
(1) determines that each of the conditions specified
in subsection (a) continues to apply; and
(2) notifies the committees designated in subsection
(a) not later than September 15, 1991, in accordance
with the regular reprogramming procedures of such
committees, that the United States intends to waive the
requirement that the Stingers be returned to the United
States by the date specified in the subsection.
* * * * * * *
establishing categories of aliens for purposes of refugee
determinations
Sec. 599D.\10\ (a) In General.--In the case of an alien who
is within a category of aliens established under subsection
(b), the alien may establish, for purposes of admission as a
refugee under section 207 of the Immigration and Nationality
Act, that the alien has a well-founded fear of persecution on
account of race, religion, nationality, membership in a
particular social group, or political opinion by asserting such
a fear and asserting a credible basis for concern about the
possibility of such persecution.
---------------------------------------------------------------------------
\10\ 8 U.S.C. 1157 note. A subsec. (f) at the end of this section,
relating to GAO Reports on Soviet Refugee Processing, was repealed by
sec. 582(c) of Public Law 102-391 (106 Stat. 1686). Sec. 905(c) of the
FREEDOM Support Act (Public Law 102-511; 106 Stat. 3356) made the same
amendment.
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(b) Establishment of Categories.--
(1) For purposes of subsection (a), the Attorney
General, in consultation with the Secretary of State
and the Coordinator for Refugee Affairs, shall
establish--
(A) one or more categories of aliens who are
or were nationals and residents of an
independent state of the former Soviet Union or
of Estonia, Latvia, or Lithuania \11\ and who
share common characteristics that identify them
as targets of persecution in that state \12\ on
account of race, religion, nationality,
membership in a particular social group, or
political opinion,\13\
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\11\ Sec. 582(b)(1)(A) of Public Law 102-391 (106 Stat. 1686)
struck out ``of the Soviet Union'' each place it appeared in paras.
(1)(A), (2)(A), and (2)(B), and inserted in lieu thereof ``of an
independent state of the former Soviet Union or of Estonia, Latvia, or
Lithuania''. Sec. 905(b)(1)(A) of the FREEDOM Support Act (Public Law
102-511; 106 Stat. 3356) made the same amendment.
\12\ Sec. 582(b)(1)(B) of Public Law 102-391 (106 Stat. 1686)
struck out ``in the Soviet Union'' and inserted in lieu thereof ``in
that state''. Sec. 905(b)(1)(B) of the FREEDOM Support Act (Public Law
102-511; 106 Stat. 3356) made the same amendment.
\13\ Sec. 213(1)(C) of the Department of Health and Human Services
Appropriations Act, 2003 (title II of division E of Public Law 108-199;
118 Stat. 253) struck out ``and'' at the end of subpara. (A), struck
out a period at the end of subpara. (B) and inserted in lieu thereof
``; and'', and added para. (C). Sec. 213(1)(C) of the Department of
Health and Human Services Appropriations Act, 2005 (title II of
division F of Public law 108-447; 118 Stat. 2809), made identical
amendments.
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(B) one or more categories of aliens who are
or were nationals and residents of Vietnam,
Laos, or Cambodia and who share common
characteristics that identify them as targets
of persecution in such respective foreign state
on such an account; and \13\
(C) \13\ one or more categories of aliens who
are nor were nationals and residents of the
Islamic Republic of Iran who, as members of a
religious minority in Iran, share common
characteristics that identify them as targets
of persecution in that state on account of
race, religion, nationality, membership in a
particular social group, or political opinion.
(2)(A) Aliens who are (or were) nationals and
residents of an independent state of the former Soviet
Union or of Estonia, Latvia, or Lithuania \11\ and who
are Jews or Evangelical Christians shall be deemed a
category of alien established under paragraph (1)(A).
(B) Aliens who are (or were) nationals of an
independent state of the former Soviet Union or of
Estonia, Latvia, or Lithuania \11\ and who are current
members of, and demonstrate public, active, and
continuous participation (or attempted participation)
in the religious activities of, the Ukrainian Catholic
Church or the Ukrainian Orthodox Church, shall be
deemed a category of alien established under paragraph
(1)(A).
(C) Aliens who are (or were) nationals and residents
of Vietnam, Laos, or Cambodia and who are members of
categories of individuals determined, by the Attorney
General in accordance with ``Immigration and
Naturalization Service Worldwide Guidelines for
Overseas Refugee Processing'' (issued by the
Immigration and Naturalization Service in August 1983)
shall be deemed a category of alien established under
paragraph (1)(B).
(3) Within the number of admissions of refugees
allocated for each of fiscal years 1990, 1991, and 1992
\14\ for refugees who are nationals of the Soviet Union
under section 207(a)(3) of the Immigration and
Nationality Act and within the number of such
admissions allocated for each of fiscal years 1993,
1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002,
2003, 2004, 2005, 2006, 2007, 2008, and 2009 \15\ for
refugees who are nationals of the independent states of
the former Soviet Union, Estonia, Latvia, and Lithuania
under such section,\16\ notwithstanding any other
provision of law, the President shall allocate one
thousand of such admissions for such fiscal year to
refugees who are within the category of aliens
described in paragraph (2)(B).
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\14\ Sec. 598(a)(1) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2063), struck out ``fiscal year 1990'' and inserted in lieu
thereof ``for each of fiscal years 1990, 1991, and 1992''.
\15\ Sec. 7034(g)(1)(A) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2009 (division H
of Public Law 111-8; 123 Stat. 878), struck out ``and 2008'' and
inserted in lieu thereof ``2008, and 2009''.
Previously, sec. 634(k)(1)(A) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008 (division J
of Public Law 110-161; 121 Stat. 2329), struck out ``and 2007'' and
inserted in lieu thereof ``2007, and 2008''. Sec. 20412(b)(1)(A) of the
Continuing Appropriations Resolution, 2007 (Public Law 109-289; as
amended by Public Law 110-5; 121 Stat. 25), struck out ``and 2006'' and
inserted in lieu thereof ``2006, and 2007''. Sec. 213(1)(A) of the
Department of Health and Human Services Appropriations Act, 2005 (title
II of division F of Public law 108-447; 118 Stat. 2809), struck out
``1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, and 2005'' and
inserted in lieu thereof ``1997, 1998, 1999, 2000, 2001, 2002, 2003,
2004, 2005, and 2006''.
Sec. 534(m)(1)(A) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119
Stat. 2211), sought to strike out ``and 2005'' and insert in lieu
thereof ``2005, and 2006''. The amendment is not executable, however,
because of the executable amendment enacted in Public Law 108-447.
Previously, sec. 512(1)(A) of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 466)
struck out ``1993 and 1994'' and inserted in lieu thereof ``1993, 1994,
1995, and 1996''. Sec. 575(1)(A) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997 (sec. 101(c)
of title I of the Omnibus Consolidated Appropriations Act, 1997; Public
Law 104-208; 110 Stat. 3009) further extended this to include 1997.
Sec. 101(1)(A) of Public Law 104-319 (110 Stat. 3864) made the same
amendment as Public Law 104-208. Sec. 574(1)(A) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1998 (Public Law 105-118; 111 Stat. 2432), struck out ``and 1997'' and
inserted in lieu thereof ``1997, and 1998''. Sec. 705(1)(A) of the
Departments of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 1999 (division A, sec. 101(f), of
Public Law 105-277; 112 Stat. 2681) struck out ``1997, and 1998'' and
inserted in lieu thereof ``1997, 1998, and 1999''. Sec. 214(1)(A) of
the Department of Health and Human Services Appropriations Act, 2000
(title II of H.R. 3424, enacted by reference in sec. 1000(a)(4) of
Public Law 106-113; 113 Stat. 1535), struck out ``1997, 1998, and
1999'', and inserted in lieu thereof ``1997, 1998, 1999, and 2000''.
Sec. 212(1)(A) of the Departments of Labor, Health and Human Services,
Education, and Related Agencies Appropriations Act, 2001 (H.R. 5657,
introduced on December 14, 2000, as enacted in sec. 1(a)(1) of Public
Law 106-554; 114 Stat. 2763), struck out ``1997, 1998, 1999, and 2000''
and inserted in lieu thereof ``1998, 1999, 1999, 2000, and 2001''. Sec.
213(1)(A) of the Departments of Labor, Health and Human Services,
Education, and Related Agencies Appropriations Act, 2002 (Public Law
107-116; 115 Stat. 2200), struck out ``1997, 1998, 1999, 2000, and
2001'' and inserted in lieu thereof ``1997, 1998, 1999, 1999, 2000,
2001, and 2002''. Sec. 213(1)(A) of the Department of Health and Human
Services Appropriations Act, 2003 (title II of division G of Public Law
108-7; 117 Stat. 324) struck out ``1997, 1998, 1999, 2000, and 2001''
and inserted in lieu thereof ``1997, 1998, 1999, 2000, 2001, 2002, and
2003''. Sec. 213(1)(A) of the Department of Health and Human Services
Appropriations Act, 2003 (title II of division E of Public Law 108-199;
118 Stat. 253) struck out ``1997, 1998, 1999, 2000, 2001, and 2002''
and inserted in lieu thereof ``1997, 1998, 1999, 2000, 2001, 2002,
2003, and 2004''.
\16\ Sec. 582(a)(1)(A) of Public Law 102-391 (106 Stat. 1686)
inserted ``and within the number of such admissions allocated for each
of fiscal years 1993 and 1994 for refugees who are nationals of the
independent states of the former Soviet Union, Estonia, Latvia, and
Lithuania under such section'' after ``Act''.
Sec. 905(a)(1) of the FREEDOM Support Act (Public Law 102-511; 106
Stat. 3356) made the same amendment.
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(c) Written Reasons for Denials of Refugee Status.--Each
decision to deny an application for refugee status of an alien
who is within a category established under this section shall
be in writing and shall state, to the maximum extent feasible,
the reason for the denial.
(d) Permitting Certain Aliens Within Categories to Reapply
for Refugee Status.--Each alien who is within a category
established under this section and who (after August 14, 1988,
and before the date of the enactment of this Act) was denied
refugee status shall be permitted to reapply for such status.
Such an application shall be determined taking into account the
application of this section.
(e) Period of Application.--
(1) Subsections (a) and (b) shall take effect on the
date of the enactment of this Act and shall only apply
to applications for refugee status submitted before
October 1, 2009.\17\
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\17\ Sec. 7034(g)(1)(B) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2009 (division H
of Public Law 111-8; 123 Stat. 878), struck out ``2008'' and inserted
in lieu thereof ``2009'' throughout subsec. (e).
Previously, sec. 634(k)(1)(B) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008 (division J
of Public Law 110-161; 121 Stat. 2329), struck out ``2007'' and
inserted in lieu thereof ``2008''. Sec. 20412(b)(1)(B) of the
Continuing Appropriations Resolution, 2007 (Public Law 109-289; as
amended by Public Law 110-5; 121 Stat. 25), struck out ``2006'' and
inserted in lieu thereof ``2007''. Sec. 534(m)(1)(B) of the Foreign
Operations, Export Financing, and Related Programs appropriations Act,
2006 (Public Law 109-102; 119 Stat. 2211), struck out ``2005'' and
inserted in lieu thereof ``2006''. Sec. 598(a)(2) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1991 (Public Law 101-513; 104 Stat. 2063), struck out ``October 1,
1990'' each place it appeared in subsec. (e), and inserted in lieu
thereof ``October 1, 1992''. Sec. 582(a)(1)(B) of Public Law 102-391
(106 Stat. 1686) extended this date to October 1, 1994. Sec. 905(a)(2)
of the FREEDOM Support Act (Public Law 102-511; 106 Stat. 3356) made
the same amendment. Sec. 512(1)(B) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
Stat. 466) further extended this date to October 1, 1996. Subsequent to
that amendment, sec. 575(1)(b) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997 (sec. 101(c)
of title I of the Omnibus Consolidated Appropriations Act, 1997; Public
Law 104-208; 110 Stat. 3009) extended the date to October 1, 1997. Sec.
101(1)(B) of Public Law 104-319 (110 Stat. 3864) made the same
amendment as Public Law 104-208. Sec. 574(1)(B) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1998 (Public Law 105-118; 111 Stat. 2432), extended the date to October
1, 1998. Sec. 705(1)(B) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act, 1999
(division A, sec. 101(f), of Public Law 105-277; 112 Stat. 2681)
extended the date to October 1, 1999. Sec. 214(1)(B) of the Department
of Health and Human Services Appropriations Act, 2000 (H.R. 3424,
enacted by reference in sec. 1000(a)(4) of Public Law 106-113; 113
Stat. 1535), extended the date to October 1, 2000. Sec. 212(1)(B) of
the Departments of Labor, Health and Human Services, Education, and
Related Agencies Appropriations Act, 2001 (H.R. 5657, introduced on
December 14, 2000, as enacted in sec. 1(a)(1) of Public Law 106-554;
114 Stat. 2763), extended the date to October 1, 2001. Sec. 213(1)(B)
of the Departments of Labor, Health and Human Services, Education, and
Related Agencies Appropriations Act, 2002 (Public Law 107-116; 115
Stat. 2200), extended the date to October 1, 2002. Sec. 213(1)(B) of
the Department of Health and Human Services Appropriations Act, 2003
(title II of division G of Public Law 108-7; 117 Stat. 324) extended
the date to October 1, 2003. Sec. 213(1)(B) of the Department of Health
and Human Services Appropriations Act, 2003 (title II of division E of
Public Law 108-199; 118 Stat. 253) extended the date to October 1,
2004. Sec. 213(1)(B) of the Department of Health and Human Services
Appropriations Act, 2005 (title II of division F of Public law 108-447;
118 Stat. 2809), extended the date to October 1, 2005.
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(2) Subsection (c) shall apply to decisions made
after the date of the enactment of this Act and before
October 1, 2009.\17\
(3) Subsection (d) shall take effect on the date of
the enactment of this Act and shall only apply to
reapplications for refugee status submitted before
October 1, 2009.\17\
adjustment of status for certain soviet and indochinese parolees
Sec. 599E.\18\ (a) In General.--The Attorney General shall
adjust the status of an alien described in subsection (b) to
that of an alien lawfully admitted for permanent residence if
the alien--
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\18\ 8 U.S.C. 1255 note.
---------------------------------------------------------------------------
(1) applies for such adjustment,
(2) has been physically present in the United States
for at least 1 year and is physically present in the
United States on the date the application for such
adjustment is filed,
(3) is admissible to the United States as an
immigrant, except as provided in subsection (c), and
(4) pays a fee (determined by the Attorney General)
for the processing of such application.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided in subsection (a) shall only apply to an alien who--
(1) was a national of an independent state of the
former Soviet Union, Estonia, Latvia, Lithuania,\19\
Vietnam, Laos, or Cambodia, and
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\19\ Sec. 582(b)(2) of Public Law 102-391 (106 Stat. 1686) struck
out ``of the Soviet Union,'' and inserted in lieu thereof ``of an
independent state of the former Soviet Union, Estonia, Latvia,
Lithuania,''. Sec. 905(b)(2) of the FREEDOM Support Act (Public Law
102-511; 106 Stat. 3356) made the same amendment.
---------------------------------------------------------------------------
(2) was inspected and granted parole into the United
States during the period beginning on August 15, 1988,
and ending on September 30, 2009,\20\ after being
denied refugee status.
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\20\ Sec. 7034(g)(2) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2009 (division H
of Public Law 111-8; 123 Stat. 878), struck out ``2008'' and inserted
in lieu thereof ``2009''.
Previously, sec. 634(k)(2) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008 (division J
of Public Law 110-161; 121 Stat. 2329), struck out ``2007'' and
inserted in lieu thereof ``2008''. Sec. 20412(b)(2) of the Continuing
Appropriations Resolution, 2007 (Public Law 109-289; as amended by
Public Law 110-5; 121 Stat. 25), struck out ``2006'' and inserted in
lieu thereof ``2007''. Sec. 534(m)(2) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006 (Public Law
109-102; 119 Stat. 2211), struck out ``2005'' and inserted in lieu
thereof ``2006''. Sec. 598(b) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991 (Public Law
101-513; 104 Stat. 2063), struck out ``September 30, 1990'' at this
point and inserted in lieu thereof ``September 30, 1992''. Sec.
582(a)(2) of Public Law 102-391 (106 Stat. 1686) extended the date to
September 30, 1994. Sec. 512(2) of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 466)
further extended this date to September 30, 1996. Sec. 575(2) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (sec. 101(c) of title I of the Omnibus
Consolidated Appropriations Act, 1997; Public Law 104-208; 110 Stat.
3009) further extended the date to September 30, 1997. Sec. 101(2) of
Public Law 104-319 (110 Stat. 3864) made the same amendment as Public
Law 104-208. Sec. 574(2) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
Stat. 2432) extended the date to September 30, 1998. Sec. 705(2) of the
Departments of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 1999 (division A, sec. 101(f), of
Public Law 105-277; 112 Stat. 2681) extended this date to September 30,
1999. Sec. 214(2) of the Department of Health and Human Services
Appropriations Act, 2000 (H.R. 3424, enacted by reference in sec.
1000(a)(4) of Public Law 106-113; 113 Stat. 1535), extended this date
to September 30, 2000. Sec. 212(2) of the Departments of Labor, Health
and Human Services, Education, and Related Agencies Appropriations Act,
2001 (H.R. 5657, introduced on December 14, 2000, as enacted in sec.
1(a)(1) of Public Law 106-554; 114 Stat. 2763), extended the date to
September 30, 2001. Sec. 213(2) of the Departments of Labor, Health and
Human Services, Education, and Related Agencies Appropriations Act,
2002 (Public Law 107-116; 115 Stat. 2200), extended the date to
September 30, 2002. Sec. 213(2) of the Department of Health and Human
Services Appropriations Act, 2003 (title II of division G of Public Law
108-7; 117 Stat. 324), extended the date to September 30, 2003. Sec.
213(2) of the Department of Health and Human Services Appropriations
Act, 2004 (title II of division E of Public Law 108-199; 118 Stat.
253), extended the date to September 30, 2004. Sec. 213(2) of the
Department of Health and Human Services Appropriations Act, 2005 (title
II of division F of Public law 108-447; 118 Stat. 2809), extended the
date to September 30, 2005.
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(c) Waiver of Certain Grounds for Inadmissibility.--The
provisions of paragraphs (4), (5), and (7)(A) \21\ of section
212(a) of the Immigration and Nationality Act shall not apply
to adjustment of status under this section and the Attorney
General may waive any other provision of such section (other
than paragraph (2)(C) or subparagraph \22\ (A), (B), (C), or
(E) of paragraph (3)) \23\ with respect to such an adjustment
for humanitarian purposes, to assure family unity, or when it
is otherwise in the public interest.
---------------------------------------------------------------------------
\21\ Sec. 603(a)(22) of Public Law 101-649 (104 Stat. 5084) struck
out ``(14), (15), (20), (21), (25), (28) (other than subparagraph (F)),
and (32)'' and inserted in lieu thereof ``(4), (5), and (7)(A)''.
\22\ Sec. 219(bb) of the Immigration and Nationality Technical
Corrections Act of 1994 (Public Law 103-416; 108 Stat. 4319) struck out
``and subparagraphs'' and inserted in lieu thereof ``or subparagraph''.
\23\ Sec. 307(l)(9) of Public Law 102-232 (105 Stat. 1757) struck
out ``(23)(B), (27), (29), or (33)'' and inserted in lieu thereof
``(2)(C) and subparagraphs (A), (B), (C), or (E) of paragraph (3)''.
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(d) Date of Approval.--Upon the approval of such an
application for adjustment of status, the Attorney General
shall create a record of the alien's admission as a lawful
permanent resident as of the date of the alien's inspection and
parole described in subsection (b)(2).
(e) No Offset in Number of Visas Available.--When an alien
is granted the status of having been lawfully admitted for
permanent residence under this section, the Secretary of State
shall not be required to reduce the number of immigrant visas
authorized to be issued under the Immigration and Nationality
Act.
* * * * * * *
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990''.
aa. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989
Partial text of Public Law 100-461 [H.R. 4637], 102 Stat. 2268,
approved October 1, 1988
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 1989, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated out of any money in the
Treasury not otherwise appropriated, for foreign operations,
export financing, and related programs for the fiscal year
ending September 30, 1989, and for other purposes, namely:
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
relatively least developed countries
Sec. 572.\1\ During fiscal years 1990 and 1991, the
President may use the authority of paragraphs (A) and (B) of
section 124(c)(1) of the Foreign Assistance Act of 1961 with
respect to such aggregate amounts of principal and interest
payable during each of these fiscal years as the President may
determine, or at any time after September 30, 1989, the
President may, if he determines it is in the national interest
to do so, use the authority of those paragraphs with respect to
such aggregate amounts of outstanding principal and interest
payable at any time after that date as the President may
determine. The authority provided in this section may be
exercised with respect to any country described in the last
sentence of this section and may be exercised notwithstanding
section 124(c)(2) of that Act. In exercising the authority
provided in this section, the President may waive the
requirement that equivalent amounts of local currencies be
deposited into local currency accounts in accordance with
paragraph (A) of section 124(c)(1) of that Act, to the extent
that the President determines that sufficient local currencies
are otherwise available to achieve development objectives. This
section applies with respect to any relatively least developed
country, or any country in Sub-Saharan Africa (without regard
to whether that country is a relatively least developed country
within the meaning of section 124(a) of that Act), if--
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
(1) an International Monetary Fund standby agreement
is in effect with respect to that country; or
(2) a structural adjustment program of the
International Bank for Reconstruction and Development
or of the International Development Association is in
effect with respect to that country; or
(3) a structural adjustment facility or enhanced
structural adjustment facility with the International
Monetary Fund is in effect with respect to that
country.
* * * * * * *
bb. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988
Partial text of Public Law 100-202 [Sec. 101(e) of the Continuing
Appropriations for 1988, H.J. Res. 395], 101 Stat. 1329-131, approved
December 22, 1987, as amended by Public Law 100-461 [Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1989; H.R. 4637], 102 Stat. 2268, approved October 1, 1988; Public Law
100-690 [International Narcotics Control Act of 1988, H.R. 5210], 102
Stat. 4181, approved November 18, 1988; Public Law 101-167 [Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1990; H.R. 3743], 103 Stat. 1195, approved November 21, 1989; Public
Law 101-240 [International Development and Finance Act of 1989, H.R.
2494], 103 Stat. 2492, approved December 19, 1989; Public Law 101-513
[Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1991; H.R. 5114], 104 Stat. 1979, approved November
5, 1990; Public Law 101-649 [Immigration Act of 1990; S. 358], 104
Stat. 4978, approved November 29, 1990; H.R. 2621 as passed by the
House on June 19, 1991 [sections of which were enacted by reference by
Public Law 102-145 [Further Continuing Appropriations, Fiscal Year
1992; H.J. Res. 360]], as amended, 105 Stat. 968, approved October 28,
1991; and Public Law 102-232 [Miscellaneous and Technical Immigration
and Naturalization Amendments of 1991; H.R. 3049], 105 Stat. 1733,
approved December 12, 1991
JOINT RESOLUTION Making further continuing appropriations for the
fiscal year 1988, and for other purposes.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That--
* * * * * * *
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 1988, and
for other purposes.
* * * * * * *
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
* * * * * * *
foreign military sales debt reform
(a) Refinancing.--Notwithstanding any other provision of law,
the President is authorized during fiscal years 1988 through
1991 to transfer existing United States guaranties of
outstanding Foreign Military Sales (FMS) credit debt, or to
issue new guaranties, either of which would be applied to
loans, bonds, notes or other obligations made or issued (as the
case may be) by private United States financial institutions
(the private lender) to finance the prepayment at par of the
principal amounts maturing after September 30, 1989 of existing
FMS loans bearing interest rates of eight \1\ percent or
higher, and arrearages thereon. The loans, bonds, notes or
other obligations are hereinafter referred to as the ``private
loan'': Provided, That such guaranties which are transferred or
are made pursuant to paragraph (a) shall cover no more and no
less than ninety percent of the private loan or any portion or
derivative thereof plus unpaid accrued interest and arrearages,
if any, outstanding at the time of guaranty transfer or
extension: Provided further, That the total amount of the
guaranty of the private loan cannot exceed ninety percent of
the outstanding principal, unpaid accrued interest and
arrearages, if any, at any time: Provided further, That of the
total amount of the private loan, the ninety percent guaranteed
portion of the private loan cannot be separated from the
private loan at any time: Provided further, That no sums in
addition to the payment of the outstanding principal amounts
maturing after September 30, 1989 of the loan (or advance),
plus unpaid accrued interest thereon, and arrearages, if any,
shall be charged by the private lender or the Federal Financing
Bank as a result of such prepayment against the borrower, the
guarantor, or the Guaranty Reserve Fund (GRF), except that the
private lender may include, in the interest rate charged, a
standard fee to cover costs, such fee which will be set at
prevailing market rates, and no guaranty fee shall be charged
on guarantees transferred or issued pursuant to this provision:
Provided further, That the terms of guaranties transferred or
issued under this paragraph shall be exactly the same as the
existing loans or guarantees, except as modified by this
paragraph and including but not limited to the final maturity
and principal and interest payment structure of the existing
loans which shall not be altered, except that the repayments of
the private loan issued debt may be consolidated into two
payments per year: Provided further, That the private loan or
guarantees transferred or issued pursuant to this paragraph
shall be fully and freely transferable, except that any
guaranty transferred or extended shall cease to be effective if
the private loan or any derivative thereof is to be used to
provide significant support for any non- registered obligation:
Provided further, That for purposes of sections 23 and 24 of
the Arms Export Control Act (AECA), the term ``defense
services'' shall be deemed to include the refinancing of FMS
debt outstanding at the date of the enactment of this Act:
Provided further, That not later than ninety days after the
enactment of this Act, the Secretary of the Treasury
(Secretary) shall issue regulations to carry out the purposes
of this heading and that in issuing such regulations, the
Secretary shall (1) facilitate the prepayment of loans and loan
advances hereunder, (2) provide for full processing of each
application within thirty days of its submission to the
Secretary, and (3) except as provided in section 24(a) of the
AECA, impose no restriction that increases the cost to
borrowers of obtaining private financing for prepayment
hereunder or that inhibits the ability of the borrower to enter
into prepayment arrangements hereunder: Provided further, That
the Secretary of State shall transmit to the Committee on
Foreign Affairs of the House of Representatives, the Committee
on Foreign Relations of the Senate, and the Committees on
Appropriations of the House of Representatives and Senate, a
copy of the text of any agreement entered into pursuant to this
section not more than thirty days after its entry into force,
together with a description of the transaction.
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\1\ Title III of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
Stat. 1214) amended subsecs. (a) and (b) by striking all references to
``ten'' and inserting in lieu thereof ``eight''.
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(b) \2\ * * * [Repealed--1992]
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\2\ The paragraph under ``Foreign Military Sales Debt Reform'' in
H.R. 2621 as passed by the House on June 19, 1991, and enacted by
reference in sec. 118 of the Further Continuing Appropriations (Public
Law 102-145, as amended by Public Law 102-266) repealed subsec. (b),
which had provided as follows:
``(b) Interest Rate Reduction.--Notwithstanding any other provision
of law, there is hereby appropriated such sums as may be necessary, but
not more than $270,000,000, to be made available after October 1, 1988
to the Secretary of Defense for the Defense Security Assistance Agency
for deposit into a new account, to remain available until expended:
Provided, That the funds shall be used solely for the purpose of
lowering the interest rate on Foreign Military Sales (FMS) credits
which were financed through the Federal Financing Bank (FFB) for
countries which do not refinance one or more FFB loans pursuant to
paragraph (a) of this heading, and which loans have interest rates
exceeding eight percent, down to an interest rate of eight percent for
the remaining life of such loans: Provided further, That these funds
shall be available only subject to a Presidential budget request:
Provided further, That it is the intent of the Congress that these
funds shall be available to all countries having FMS credits from the
FFB that carry interest rates in excess of eight percent.''.
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(c) Arrearages.--(1) None of the funds provided pursuant to
the Arms Export Control Act (relating to Foreign Military Sales
credits) or pursuant to chapter 2 of part II of the Foreign
Assistance Act (relating to the Military Assistance program)
shall be made available to any country for which one or more
loans is refinanced pursuant to paragraph (a) of this heading
and which is in default for a period in excess of ninety days
in payment of principal or interest on (A) any loan made to
such country guaranteed by the United States pursuant to
paragraph (a) of this heading, and (B) any other loan issued
pursuant to the Arms Export Control Act outstanding on the date
of enactment of this provision.
(2) In conjunction with any interest rate reduction pursuant
to the authority provided in paragraph (b) of this heading, the
President shall require the country to commit in writing that
within two years of the effective date of the interest rate
reduction it will be no more than ninety days in arrears on the
repayment of principal and interest on all loans for which the
interest rate is thus reduced and will remain no more than
ninety days in arrears for the remaining life of all such
loans. None of the funds provided pursuant to the Arms Export
Control Act or chapter 2 of part II of the Foreign Assistance
Act shall be made available to any country during any period in
which it fails to comply with such commitment.
(d) Purposes and Reports.--The authorities of paragraphs (a)
and (b) of this heading may be utilized by the President in
efforts to negotiate base rights and base access agreements,
and for other bilateral foreign policy matters: Provided
further, That the Secretaries of Defense, State, and Treasury
shall transmit to the Committee on Foreign Affairs of the House
of Representatives, the Committee on Foreign Relations of the
Senate, and the Committees on Appropriations of the House of
Representatives and Senate a joint report detailing the United
States financial and foreign policy purposes served by
implementation of this authority on a country by country basis
not later than March 1, 1989, and a second joint report not
later than August 1, 1989.
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
amerasian immigration
Sec. 584. (a)(1) Notwithstanding any numerical limitations
specified in the Immigration and Nationality Act, the Attorney
General may admit aliens described in subsection (b) to the
United States as immigrants if--
(A) they are admissible (except as otherwise provided
in paragraph (2)) as immigrants, and
(B) they are issued an immigrant visa and depart from
Vietnam on or after March 22, 1988, and ending on
September 30, 1990.\3\
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\3\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
Stat. 1211) struck out ``during the 2-year period beginning 90 days
after the date of the enactment of this Act'' and restated this
paragraph to read ``they are issued an immigrant visa and depart from
Vietnam during the period beginning on March 22, 1988, and ending on
September 30, 1990.''.
Subsequently, title II of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 1996), struck out ``during the period beginning on March 22,
1988'' following ``Vietnam'' and inserted in lieu thereof ``on or after
March 22, 1988''.
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(2) The provisions of paragraphs (4), (5), and (7)(A) \4\ of
section 212(a) of the Immigration and Nationality Act shall not
be applicable to any alien seeking admission to the United
States under this section, and the Attorney General on the
recommendation of a consular officer may waive any other
provision of such section (other than paragraph (2)(C) or
subparagraph (A), (B), (C), or (E) \5\ of paragraph (3)) \5\
with respect to such an alien for humanitarian purposes, to
assure family unity, or when it is otherwise in the public
interest. Any such waiver by the Attorney General shall be in
writing and shall be granted only on an individual basis
following an investigation by a consular officer.
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\4\ Sec. 603(a)(20)(A) of Public Law 101-649 (104 Stat. 5084)
struck out ``(14), (15), (20), (21), (25), and (32)'' and inserted in
lieu thereof ``(4), (5), and (7)(A)''.
\5\ Sec. 603(a)(20)(B) of Public Law 101-649 (104 Stat. 5084)
struck out ``(other than paragraph (27), (29), or (33) and other than
so much of paragraph (23) as relates to trafficking in narcotics)'' and
inserted in lieu thereof ``(other than paragraph (2)(C) or subparagraph
(A), (B), (C), or (D) of paragraph (3))''.
Subsequently, sec. 307(l)(8) of Public Law 102-232 (105 Stat. 1757)
struck out ``(D)'' and inserted in lieu thereof ``(E)'' in para. (2).
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(3) Notwithstanding section 221(c) of the Immigration and
Nationality Act, immigrant visas issued to aliens under this
section shall be valid for a period of one year.\6\
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\6\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
Stat. 1211) struck out ``8 months'' at this point and inserted in lieu
thereof ``one year''.
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(b)(1) An alien described in this section is an alien who, as
of the date of the enactment of this Act, is residing in
Vietnam and who establishes to the satisfaction of a consular
officer or an officer of the Immigration and Naturalization
Service after a face-to-face interview, that the alien--
(A)(i) was born in Vietnam after January 1, 1962, and
before January 1, 1976, and (ii) was fathered by a
citizen of the United States (such an alien in this
section referred to as a ``principal alien'');
(B) is the spouse or child of a principal alien and
is accompanying, or following to join, the principal
alien; or
(C) subject to paragraph (2), either (i) is the
principal alien's natural mother (or is the spouse or
child of such mother), or (ii) has acted in effect as
the principal alien's mother, father, or next-of-kin
(or is the spouse or child of such an alien), and is
accompanying, or following to join, the principal
alien.
(2) An immigrant visa may not be issued to an alien under
paragraph (1)(C) unless \7\ the officer referred to in
paragraph (1) has determined, in the officer's discretion, that
(A) such an alien has a bona fide relationship with the
principal alien similar to that which exists between close
family members and (B) the admission of such an alien is
necessary for humanitarian purposes or to assure family unity.
If an alien described in paragraph (1)(C)(ii) is admitted to
the United States, the natural mother of the principal alien
involved shall not, thereafter, be accorded any right,
privilege, or status under the Immigration and Nationality Act
by virtue of such parentage.
---------------------------------------------------------------------------
\7\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 1996), struck out ``the principal alien involved is unmarried
and'' at this point.
---------------------------------------------------------------------------
(3) For purposes of this section, the term ``child'' has the
meaning given such term in section 101(b)(1) (A), (B), (C),
(D), and (E) of the Immigration and Nationality Act.
(c) Any alien admitted (or awaiting admission) to the United
States under this section shall be eligible for benefits under
chapter 2 of title IV of the Immigration and Nationality Act to
the same extent as individuals admitted (or awaiting admission)
to the United States under section 207 of such Act are eligible
for benefits under such chapter.
(d) The Attorney General, in cooperation with the Secretary
of State, shall report to Congress 1 year, 2 years, and 3
years, after the date of the enactment of this Act on the
implementation of this section. Each such report shall include
the number of aliens who are issued immigrant visas and who are
admitted to the United States under this section and number of
waivers granted under subsection (a)(2) and the reasons for
granting such waivers.
(e) Except as otherwise specifically provided in this
section, the definitions contained in the Immigration and
Nationality Act shall apply in the administration of this
section and nothing contained in this section shall be held to
repeal, amend, alter, modify, effect, or restrict the powers,
duties, functions, or authority of the Attorney General in the
administration and enforcement of such Act or any other law
relating to immigration, nationality, or naturalization. The
fact that an alien may be eligible to be granted the status of
having been lawfully admitted for permanent residence under
this section shall not preclude the alien from seeking such
status under any other provision of law for which the alien may
be eligible.
* * * * * * *
cc. Foreign Assistance and Related Programs Appropriations Act, 1984
Partial text of Public Law 98-151 [Further Continuing Appropriations
for Fiscal Year 1984, H.J. Res. 413], 97 Stat. 964, approved November
14, 1983
A JOINT RESOLUTION Making further continuing appropriations for the
fiscal year 1984.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, and out of applicable
corporate or other revenues, receipts, and funds, for the
several departments, agencies, corporations, and other
organization units of the government for the fiscal year 1984,
and for other purposes, namely:
Sec. 101. (a) * * *
(b)(1) * * *
None \1\ of the funds heretofore appropriated or otherwise
made available for Syria for the purpose of carrying out the
provisions of chapter 4 of part II of the Foreign Assistance
Act of 1961 shall be expended after the date of enactment of
this joint resolution. The Administrator of the Agency for
International Development is directed to terminate the economic
assistance program to Syria and to deobligate all funds
heretofore obligated for assistance to Syria, except that such
funds may continue to be available to finance the training or
studies outside of Syria of students whose course of study or
training program began before enactment of this joint
resolution. The Administrator of the Agency for International
Development is authorized to adopt as a contract of the United
States Government, and assume any liabilities arising
thereunder (in whole or in part), any contract with a United
States contractor which had been funded by the Agency for
International Development prior to the date of enactment of
this joint resolution. Amounts certified pursuant to section
1311 of the Supplemental Appropriations Act, 1955, as having
been obligated against appropriations heretofore made pursuant
to chapter 4 of part II of the Foreign Assistance Act of 1961
(and predecessor legislation) for Syria are hereby continued
available until expended to meet necessary expenses arising
from the termination under this subsection of assistance
programs for Syria authorized by such chapter: Provided, That
this shall not be construed as permitting payments or
reimbursements of any kind to the Government of Syria.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 2346a note. See also sec. 1004 of the Department of
State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164;
97 Stat. 1017), for provision concerning termination of assistance
programs for Syria, Legislation on Foreign Relations Through 2008, vol.
II-A.
Sec. 101(j) of the Continuing Appropriations Act, 1986 (Public Law
99-190) provided the following:
---------------------------------------------------------------------------
``rescission
---------------------------------------------------------------------------
``Deobligation and rescission of funds: $11,200,000 of the funds
remaining in the `Syria Termination Account' created by Public Law 98-
151 are deobligated and are rescinded: Provided, That the authority
contained in sections 451, 492(b), and 614 of the Foreign Assistance
Act of 1961, or any other provision of law, shall not be exercised to
permit the use of funds remaining in the `Syria Termination Account'
created by Public Law 98-151 for any other purposes than those for
which the account was created.''.
---------------------------------------------------------------------------
(2) * * *
dd. Title 31, United States Code--Valid Obligations
Sec. 1108.\1\ Preparation and submission of appropriations requests to
the President
(a) In this section (except subsections (b)(1) and (e)),
``agency'' means a department, agency, or instrumentality of
the United States Government.
---------------------------------------------------------------------------
\1\ Secs. 1108, 1501, and 1502 were originally enacted as sec. 1311
of the Supplemental Appropriations Act, 1955 (Public Law 84-663; 68
Stat. 800). Public Law 97-258 (96 Stat. 877) revised and codified
certain general and permanent laws of the United States relating to
money and finance, including sec. 1311 of Public Law 84-663.
---------------------------------------------------------------------------
(b)(1) The head of each agency shall prepare and submit to
the President each appropriation request for the agency. The
request shall be prepared and submitted in the form prescribed
by the President under this chapter and by the date established
by the President. When the head of an agency does not submit a
request by that date, the President shall prepare the request
for the agency to be included in the budget or changes in the
budget or as deficiency and supplemental appropriations. The
President may change agency appropriation requests. Agency
appropriation requests shall be developed from cost-based
budgets in the way and at times prescribed by the President.
The head of the agency shall use the cost-based budget to
administer the agency and to divide appropriations or amounts.
(2) An officer or employee of an agency in the executive
branch may submit to the President or Congress a request for
legislation authorizing deficiency or supplemental
appropriations for the agency only with the approval of the
head of the agency.
(c) The head of an agency shall include with an
appropriation request submitted to the President a report that
the statement of obligations submitted with the requests
contains obligations consistent with section 1501 of this
title. The head of the agency shall support the report with a
certification of the consistency and shall support the
certification with records showing that the amounts have been
obligated. The head of the agency shall designate officials to
make the certifications, and those officials may not delegate
the duty to make the certifications. The certifications and
records shall be kept in the agency--
(1) in a form that makes audits and reconciliations
easy; and
(2) for a period necessary to carry out audits and
reconciliations.
(d) To the extent practicable, the head of an agency
shall--
(1) provide information supporting the agency's
budget request for its missions by function and
subfunction (including the mission of each
organizational unit of the agency); and
(2) relate the agency's programs to its missions.
(e) Except as provided in subsection (f) of this section,
an officer or employee of an agency (as defined in section 1101
of this title) may submit to Congress or a committee of
Congress an appropriations estimate or request, a request for
an increase in that estimate or requests, or a recommendation
on meeting the financial needs of the Government only when
requested by either House of Congress.
(f) The Interstate Commerce Commission shall submit to
Congress copies of budget estimates, requests, and information
(including personnel needs), legislative recommendations,
prepared testimony for congressional hearings, and comments on
legislation at the same time they are sent to the President or
the Office of Management and Budget. An officer of an agency
may not impose conditions on or impair communication by the
Commission with Congress, or a committee or member of Congress,
about the information.
(g) Amounts available under law are available for field
examinations of appropriation estimates. The use of the amounts
is subject only to regulations prescribed by the appropriate
standing committees of Congress.
* * * * * * *
CHAPTER 15--APPROPRIATION ACCOUNTING
SUBCHAPTER I--GENERAL
Sec. 1501.\1\ Documentary evidence requirement for Government
obligations
(a) An amount shall be recorded as an obligation of the
United States Government only when supported by documentary
evidence of--
(1) a binding agreement between an agency and another
person (including an agency) that is--
(A) in writing, in a way and form, and for a
purpose authorized by law; and
(B) executed before the end of the period of
availability for obligation of the
appropriation or fund used for specific goods
to be delivered, real property to be bought or
leased, or work or service to be provided;
(2) a loan agreement showing the amount and terms of
repayment;
(3) an order required by law to be placed with an
agency;
(4) an order issued under a law authorizing purchases
without advertising--
(A) when necessary because of a public
exigency;
(B) for perishable subsistence supplies; or
(C) within specific monetary limits;
(5) a grant or subsidy payable--
(A) from appropriations made for payment of,
or contributions to, amounts required to be
paid in specific amounts fixed by law or under
formulas prescribed by law;
(B) under an agreement authorized by law; or
(C) under plans approved consistent with and
authorized by law;
(6) a liability that may result from pending
litigation;
(7) employment or services of persons or expenses of
travel under law;
(8) services provided by public utilities; or
(9) other legal liability of the Government against
an available appropriation or fund.
(b) A statement of obligations provided to Congress or a
committee of Congress by an agency shall include only those
amounts that are obligations consistent with subsection (a) of
this section.
Sec. 1502.\1\ Balances available
(a) The balance of an appropriation or fund limited for
obligation to a definite period is available only for payment
of expense properly incurred during the period of availability
or to compete contracts properly made with that period of
availability and obligated consistent with section 1501 of this
title. However, the appropriation or fund is not available for
expenditure for a period beyond the period otherwise authorized
by law.
(b) A provision of law requiring that the balance of an
appropriation or fund be returned to the general fund of the
Treasury at the end of a definite period does not affect the
status of lawsuits or rights of action involving the right to
an amount payable from the balance.
* * * * * * *
SUBCHAPTER IV--CLOSING ACCOUNTS \2\
Sec. 1551. Definitions; applicability of subchapter \3\
(a) In this subchapter--
---------------------------------------------------------------------------
\2\ Sec. 1405(a) of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1675) amended and
restated subchapter IV of chapter 15 of title 31, U.S.C., secs. 1551
through 1557. See also sec. 1405(b) of that Act, as amended, in
Legislation on Foreign Relations Through 2008, vol. I-B.
\3\ Sec. 1054(e)(2) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2503) restated the
section catchline. It formerly read ``Definitions and applications''.
---------------------------------------------------------------------------
(1) An obligated balance of an appropriation account
as of the end of a fiscal year is the amount of
unliquidated obligations applicable to the
appropriation less amounts collectible as repayments to
the appropriation.
(2) An unobligated balance is the difference between
the obligated balance and the total unexpended balance.
(3) A fixed appropriation account is an appropriation
account available for obligation for a definite period.
(b) The limitations on the availability for expenditure
prescribed in this subchapter apply to all appropriations
unless specifically otherwise authorized by a law that
specifically--
(1) identifies the appropriate account for which the
availability for expenditure is to be extended;
(2) provides that such account shall be available for
recording, adjusting, and liquidating obligations
properly chargeable to that account; and
(3) extends the availability for expenditure of the
obligated balances.
(c) This subchapter does not apply to--
(1) appropriations for the District of Columbia
government; or
(2) appropriations to be disbursed by the Secretary
of the Senate or the Chief Administrative Officer \4\
of the House of Representatives.
---------------------------------------------------------------------------
\4\ Sec. 219(b)(1) of Public Law 104-186 (110 Stat. 1748) struck
out ``Clerk'' and inserted in lieu thereof ``Chief Administrative
Officer''.
---------------------------------------------------------------------------
Sec. 1552. Procedure for appropriation accounts available for definite
periods
(a) \5\ On September 30th of the 5th fiscal year after the
period of availability for obligation of a fixed appropriation
account ends, the account shall be closed and any remaining
balance (whether obligated or unobligated) in the account shall
be canceled and thereafter shall not be available for
obligation or expenditure for any purpose.
---------------------------------------------------------------------------
\5\ Sec. 1406 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1680) required the following:
---------------------------------------------------------------------------
``sec. 1406. audit of obligated balances of department of defense
---------------------------------------------------------------------------
``(a) Audit Requirement.--The Secretary of Defense shall provide
for an audit of each account of the Department of Defense established
under paragraph (1) of section 1552(a) of title 31, United States Code,
as in effect on the day before the date of the enactment of this Act.
The audit shall, with respect to each such account, identify--
---------------------------------------------------------------------------
``(1) the balance in the account;
``(2) the amount of such balance that is considered by the Secretary (as
of the time of the audit) to represent amounts required for valid
obligations (as supported by documentary evidence as required by section
1501 of title 31) and the amount of such balance that is considered by the
Secretary (as of the time of the audit) to represent amounts for
obligations that are considered no longer valid;
``(3) the sources of amounts in the account, shown by fiscal year and by
amount for each fiscal year; and
``(4) such other matters as the Secretary considers appropriate.
---------------------------------------------------------------------------
``(b) Deobligation of Obligations No Longer Valid.--Any obligated
amounts in accounts of the Department of Defense established under
paragraph (1) of section 1552(a) of title 31, United States Code, that
are determined pursuant to the audit under subsection (a) to represent
amounts for obligations that are no longer valid shall be deobligated
and canceled.
``(c) Report on Audit.--Not later than December 31, 1991, the
Secretary of Defense shall submit to Congress a report containing the
results of the audit conducted pursuant to subsection (a). The report
shall set forth--
---------------------------------------------------------------------------
``(1) the information required to be identified pursuant to subsection
(a); and
``(2) for each appropriation account (A) the average length of time funds
have been obligated, (B) the average size of the obligation, and (iii) the
object classification of the obligations, all shown for total obligations
and separately for valid obligations and obligations that are no longer
valid.''.
---------------------------------------------------------------------------
See also sec. 1003 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2481), in Legislation
on Foreign Relations Through 2008, vol. I-B.
---------------------------------------------------------------------------
(b) Collections authorized or required to be credited to an
appropriation account, but not received before closing of the
account under subsection (a) or under section 1555 of this
title shall be deposited in the Treasury as miscellaneous
receipts.
Sec. 1553. Availability of appropriation accounts to pay obligations
(a) After the end of the period of availability for
obligation of a fixed appropriation account and before the
closing of that account under section 1552(a) of this title,
the account shall retain its fiscal-year identity and remain
available for recording, adjusting, and liquidating obligations
properly chargeable to that account.
(b)(1) Subject to the provisions of paragraph (2), after the
closing of an account under section 1552(a) or 1555 of this
title, obligations and adjustments to obligations that would
have been properly chargeable to that account, both as to
purpose and in amount, before closing and that are not
otherwise chargeable to any current appropriation account of
the agency may be charged to any current appropriation account
of the agency available for the same purpose.
(2) The total amount of charges to an account under paragraph
(1) may not exceed an amount equal to 1 percent of the total
appropriations for that account.
(c)(1) In the case of a fixed appropriation account with
respect to which the period of availability for obligation has
ended, if an obligation of funds from that account to provide
funds for a program, project, or activity to cover amounts
required for contract changes would cause the total amount of
obligations from that appropriation during a fiscal year for
contract changes for that program, project, or activity to
exceed $4,000,000, the obligation may only be made if the
obligation is approved by the head of the agency (or an officer
of the agency within the Office of the head of the agency to
whom the head of the agency has delegated the authority to
approve such an obligation).
(2) In the case of a fixed appropriation account with respect
to which the period of availability for obligation has ended,
if an obligation of funds from that account to provide funds
for a program, project, or activity to cover amounts required
for contract changes would cause the total amount obligated
from that appropriation during a fiscal year for that program,
project, or activity to exceed $25,000,000, the obligation may
not be made until--
(A) the head of the agency submits to the appropriate
authorizing committees of Congress and the Committees
on Appropriations of the Senate and the House of
Representatives a notice in writing of the intent to
obligate such funds, together with a description of the
legal basis for the proposed obligation and the policy
reasons for the proposed obligation; and
(B) a period of 30 days has elapsed after the notice
is submitted.
(3) In this subsection, the term ``contract change'' means a
change to a contract under which the contractor is required to
perform additional work. Such term does not include adjustments
to pay claims or increases under an escalation clause.
(d)(1) Obligations under this section may be paid without
prior action of the Comptroller General.
(2) This subchapter does not--
(A) relieve the Comptroller General of the duty to
make decisions requested under law; or
(B) affect the authority of the Comptroller General
to settle claims and accounts.
Sec. 1554. Audit, control, and reporting
(a) Any audit requirement, limitation on obligations, or
reporting requirement that is applicable to an appropriation
account shall remain applicable to that account after the end
of the period of availability for obligation of that account.
(b)(1) After the close of each fiscal year, the head of each
agency shall submit to the President and the Secretary of the
Treasury a report regarding the unliquidated obligations,
unobligated balances, canceled balances, and adjustments made
to appropriation accounts of that agency during the completed
fiscal year. The report shall be submitted no later than 15
days after the date on which the President's budget for the
next fiscal year is submitted to Congress under section 1105 of
this title.
(2) Each report required by this subsection shall--
(A) provide a description, with reference to the
fiscal year of appropriations, of the amount in each
account, its source, and an itemization of the
appropriations accounts;
(B) describe all current and expired appropriations
accounts;
(C) describe any payments made under section 1553 of
this title;
(D) describe any adjustment of obligations during
that fiscal year pursuant to section 1553 of this
title;
(E) contain a certification by the head of the agency
that the obligated balances in each appropriation
account of the agency reflect proper existing
obligations and that expenditures from the account
since the preceding review were supported by a proper
obligation of funds and otherwise were proper;
(F) describe all balances canceled under sections
1552 and 1555 of this title.
(3) The head of each Federal agency shall provide a copy of
each such report to the Speaker of the House of Representatives
and the Committee on Appropriations, the Committee on
Governmental Affairs, and other appropriate oversight and
authorizing committees of the Senate.
(c) \6\ * * * [Repealed--1991]
---------------------------------------------------------------------------
\6\ Sec. 1004(b) of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1457) (1)
struck out subsec. (c), and (2) redesignated subsec. (d) as subsec.
(c).
The former subsec. (c) had required the Director of the
Congressional Budget Office to estimate the effect on the Federal
deficit of payments and adjustments made with respect to secs. 1552 and
1553 of this title for each agency and annually report on the same.
Sec. 1004(a) of Public Law 102-190 further required the following:
``(a) Temporary Requirement for OMB Report.--At the same time that
the President submits to Congress the budget for each of fiscal years
1993, 1994, 1995, and 1996 under section 1105 of title 31, United
States Codes, the Director of the Office of Management and Budget shall
submit to Congress a report regarding the effect on the Federal Deficit
of payments and adjustments made with respect to sections 1552 and 1553
of such title for the fiscal year in which such budget is submitted,
the fiscal year preceding that fiscal year, and the fiscal year covered
by that budget. The report shall include separate estimates for the
accounts of each agency.''.
---------------------------------------------------------------------------
(c) \6\ The head of each agency shall establish internal
controls to assure that an adequate review of obligated
balances is performed to support the certification required by
section 1108(c) of this title.
Sec. 1555. Closing of appropriation accounts available for indefinite
periods
An appropriation account available for obligation for an
indefinite period shall be closed, and any remaining balance
(whether obligated or unobligated) in that account shall be
canceled and thereafter shall not be available for obligation
or expenditure for any purpose, if--
(1) the head of the agency concerned or the President
determines that the purposes for which the
appropriation was made have been carried out; and
(2) no disbursement has been made against the
appropriation for two consecutive fiscal years.
Sec. 1556. Comptroller General: reports on appropriation accounts
(a) In carrying out audit responsibilities, the Comptroller
General shall report on operations under this subchapter to--
(1) the head of the agency concerned;
(2) the Secretary of the Treasury; and
(3) the President.
(b) A report under this section shall include an appraisal of
unpaid obligations under fixed appropriation accounts for which
the period of availability for obligation has ended.
Sec. 1557. Authority for exemptions in appropriation laws
A provision of an appropriation law may exempt an
appropriation from the provisions of this subchapter and fix
the period for which the appropriation remains available for
expenditure.
Sec. 1558. Availability of funds following resolution of a formal
protest or other challenge \7\
(a) Notwithstanding section 1552 of this title or any other
provision of law, funds available to an agency for obligation
for a contract at the time a protest or other action referred
to in subsection (b) \8\ is filed in connection with a
solicitation for, proposed award of, or award of such contract
shall remain available for obligation for 100 days \9\ after
the date on which the final ruling is made on the protest or
other action.\10\ A ruling is considered final on the date on
which the time allowed for filing an appeal or request for
reconsideration has expired, or the date on which a decision is
rendered on such an appeal or request, whichever is later.
---------------------------------------------------------------------------
\7\ Added by sec. 813(a) of Public Law 101-189 (103 Stat. 1494).
Sec. 5502 of Public Law 104-106 (110 Stat. 698) amended and restated
the section title.
\8\ Sec. 5502 of Public Law 104-106 (110 Stat. 698) inserted ``or
other action referred to in subsection (b)''.
\9\ Sec. 5502 of Public Law 104-106 (110 Stat. 698) struck out ``90
working days'' and inserted in lieu thereof ``100 days''.
\10\ Sec. 5502 of Public Law 104-106 (110 Stat. 698) inserted ``or
other action''.
---------------------------------------------------------------------------
(b) \11\ Subsection (a) applies with respect to--
---------------------------------------------------------------------------
\11\ Sec. 5502 of Public Law 104-106 (110 Stat. 698) amended and
restated subsec. (b). It previously read as follows:
``(b) Subsection (a) applies with respect to any protest filed
under subchapter V of chapter 35 of this title or under section 111(f)
of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 759(f)).''.
---------------------------------------------------------------------------
(1) any protest filed under subchapter V of chapter
35 of this title; or
(2) an action commenced under administrative
procedures or for a judicial remedy if--
(A) the action involves a challenge to--
(i) a solicitation for a contract;
(ii) a proposed award of a contact;
(iii) an award of a contract; or
(iv) the eligibility of an offeror or
potential offeror for a contract or of
the contractor awarded the contract;
and
(B) commencement of the action delays or
prevents an executive agency from making an
award of a contract or proceeding with a
procurement.
Appendix I
Note.--Appendix I lists Public Laws included in
Legislation on Foreign Relations Through 2008, either
as freestanding law or in amendments, arranged by
Public Law number with corresponding short title or
popular name.
------------------------------------------------------------------------
Public Law
No. Short Title
------------------------------------------------------------------------
111-8 Omnibus Appropriations Act, 2009
111-8 Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2009 (division H)
110-457 William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008
110-457 Child Soldiers Prevention Act of 2008 (title IV)
110-429 Naval Vessel Transfer Act of 2008
110-140 Energy Independence and Security Act of 2007
109-456 Democratic Republic of the Congo Relief, Security, and
Democracy Promotion Act of 2006
109-169 United States-Bahrain Free Trade Agreement Implementation
Act
109-167 Passport Services Enhancement Act of 2005
109-165 Torture Victims Relief Reauthorization Act of 2005
109-164 Trafficking Victims Protection Reauthorization Act of 2005
109-163 National Defense Authorization Act for Fiscal Year 2006
109-163 United States Policy in Iraq Act (section 1227)
109-163 Detainee Treatment Act of 2005 (title XIV)
109-159 Transfer of Items To War Reserves Stockpile for Allies,
Korea
109-148 Department of Defense, Emergency Supplemental Appropriations
To Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006
109-148 Emergency Supplemental Appropriations Act To Address
Hurricanes in the Gulf of Mexico and Pandemic Influenza
Act, 2006 (division B)
109-140 To Provide Certain Authorities for the Department of State
109-134 Naval Vessels Transfer Act of 2005
109-121 Senator Paul Simon Water for the Poor Act of 2005
109-112 Iran Nonproliferation Amendments Act of 2005
109-108 Science, State, Justice, Commerce, and Related Agencies
Appropriations Act, 2006
109-108 Department of State and Related Agencies 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 Enhanced 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 2008, 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
Child Soldiers Prevention Act of 2008 (title IV)............ 110-457
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)................................................
Democratic Republic of the Congo Relief, Security, and 109-456
Democracy Promotion Act of 2006............................
Department of Defense and Emergency Supplemental 107-117
Appropriations for Recovery From and Response To Terrorist
Attacks on the United States Act, 2002.....................
Department of Defense Appropriation Act, 1976............... 94-212
Department of Defense Appropriation Authorization Act, 1975. 93-365
Department of Defense Appropriation Authorization Act, 1979. 95-485
Department of Defense Authorization Act, 1983............... 97-252
Department of Defense Authorization Act, 1984............... 98-94
Department of Defense Authorization Act, 1985............... 98-525
Department of Defense Authorization Act, 1986............... 99-145
Department of Defense Authorization Act, 1987 (Division A).. 99-661
Department of Defense, Emergency Supplemental Appropriations 109-148
To Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006........................................
Department of Energy Act of 1978............................ 95-238
Department of State and Related Agencies 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, Foreign Operations, and Related 111-8
Programs Appropriations Act, 2009 (division H).............
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 Independence and Security Act of 2007................ 110-140
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 Vessel Transfer Act of 2008........................... 110-429
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 Appropriations Act, 2009............................ 111-8
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
William Wilberforce Trafficking Victims Protection 110-457
Reauthorization Act of 2008................................
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
Abortions
Funding prohibition.............. PL 87-195 Sec 104(f).. 38
PL 109-102 Sec 518.... 1418
PL 110-161 Sec 618.... 1293
PL 111-8 Sec 7018..... 1145
Advisor for Indigenous Peoples
Issues
Appropriations, 2006............. PL 109-102 Sec 595.... 1463
Appropriations, 2008............. PL 110-161 Sec 699B... 1343
Afghanistan
Appropriations, 2006............. PL 109-102 Sec 523.... 1420
PL 109-102 Sec 534(a). 1426
PL 109-102 Title II... 1392
Appropriations, 2008............. PL 110-161 Sec 623.... 1295
PL 110-252 Sec 1403... 1236
Appropriations, 2009............. PL 111-8 Sec 7034..... 1156
PL 111-8 Sec 7077..... 1192
PL 111-32 Sec 1102.... 1208
Assistance for................... PL 99-83 Sec 904...... 982
Authorization, 1985.............. PL 99-83 Sec 904...... 982
Chemical and toxin weapons PL 97-113 Sec 716..... 1000
prohibition, sense of Congress.
Commitment and capabilities PL 111-32 Sec 1116.... 1217
report.
Inspector General oversight...... PL 110-28 Sec 3806.... 1361
Policy report.................... PL 111-32 Sec 1117.... 1217
Reports.......................... PL 108-106 Sec 1120... 1477
PL 108-106 Sec 2215... 1482
Afghanistan Freedom Support Act PL 108-458............ 766
Amendments of 2004.
Coordination of assistance....... PL 108-458 Sec 7104(b) 766
PL 108-458 Sec 7104(c) 767
Disarmament of private militias.. PL 108-458 Sec 7104(h) 768
Education assistance............. PL 108-458 Sec 7104(f) 768
Policy declaration............... PL 108-458 Sec 7104(e) 767
Afghanistan Freedom Support Act of PL 107-327............ 742
2002.
Authorization.................... PL 107-327 Sec 202.... 756
Congressional notification PL 107-327 Sec 205.... 758
requirements.
Counterdrug efforts, sense of PL 107-327 Sec 207.... 762
Congress.
Donor contributions.............. PL 107-327 Sec 303.... 763
Economic and democratic
development assistance.
Administrative provisions...... PL 107-327 Sec 106.... 754
Authorization.................. PL 107-327 Sec 103.... 745
Authorization, 2005 and 2006... PL 107-327 Sec 108.... 755
Coordination................... PL 107-327 Sec 104.... 753
Opium producing areas.......... PL 107-327 Sec 105.... 754
Policy declaration............. PL 107-327 Sec 101.... 743
Purposes....................... PL 107-327 Sec 102.... 744
Relationship to other authority PL 107-327 Sec 107.... 755
Eligible countries and PL 107-327 Sec 203.... 757
international organizations.
International Security Assistance PL 107-327 Sec 206(d). 761
Force expansion support.
Afghanistan Freedom Support Act of
2002--Continued
Long-term strategy............... PL 107-327 Sec 305.... 764
Military assistance
Authorization.................. PL 107-327 Sec 202.... 756
Congressional notification PL 107-327 Sec 205.... 758
requirements.
Counterdrug efforts, sense of PL 107-327 Sec 207.... 762
Congress.
Eligible countries and PL 107-327 Sec 203.... 757
international organizations.
International Security PL 107-327 Sec 206(d). 761
Assistance Force expansion
support.
Reimbursement.................. PL 107-327 Sec 204.... 757
Relationship to other authority PL 107-327 Sec 208.... 762
Secure delivery of humanitarian PL 107-327 Sec 206.... 758
assistance.
Support for security during PL 107-327 Sec 201.... 756
transition.
President of Afghanistan PL 107-327 Sec 302.... 763
protection, sense of Congress.
Prohibition on assistance to drug PL 107-327 Sec 301.... 763
traffickers compliance.
Reimbursement.................... PL 107-327 Sec 204.... 757
Relationship to other authority.. PL 107-327 Sec 208.... 762
Reports.......................... PL 107-327 Sec 304.... 764
Secure delivery of humanitarian PL 107-327 Sec 206.... 758
assistance.
Support for security during PL 107-327 Sec 201.... 756
transition.
Africa. See also individual
countries
Angola, Mozambique and Guinea- PL 93-559 Sec 50...... 1066
Bissau independence policy.
Assistance for Orphans and Other PL 109-95............. 618
Vulnerable Children in
Developing Countries Act of 2005.
Balance-of-payments support...... PL 99-83 Sec 801...... 974
Democratic Republic of the Congo PL 109-456............ 589
Relief, Security and Democracy
Promotion Act of 2006.
Development assistance
Appropriations, 2006........... PL 109-102 Title II... 1386
Appropriations, 2008........... PL 110-161 Title III.. 1264
Appropriations, 2009........... PL 111-8 Title III.... 1114
Disaster assistance.............. PL 87-195 Sec 495F.... 226
Famine assistance................ PL 87-195 Sec 495K.... 229
HIV/AIDS pharmaceuticals and EO 13155.............. 739
medical technologies.
HIV/AIDS programs
African Crisis Response PL 106-264 Sec 114.... 732
Initiative.
Private sector assistance...... PL 108-25 Sec 404..... 716
Support and education of PL 106-264 Sec 113.... 731
orphans.
Liberia, elections in............ PL 99-83 Sec 807...... 978
Locust plagues control........... PL 95-424 Sec 120..... 1040
Mozambique, People's Republic of. PL 99-83 Sec 813...... 979
Regional development assistance.. PL 87-195 Sec 206..... 104
South Africa
Economic support............... PL 99-83 Sec 802...... 975
Policy toward ``homelands''.... PL 99-83 Sec 803...... 976
Sub-Saharan Africa
Arms sales restraint, sense of PL 90-629 Sec 33...... 476
Congress.
Debt-for-nature exchanges pilot PL 87-195 Sec 466..... 197
program.
Foreign aid, appropriations, PL 100-461 Sec 572.... 1581
1989.
Foreign aid reports............ PL 101-513 Sec 562.... 1561
Sudan, political settlement in... PL 99-83 Sec 806...... 978
Tunisia.......................... PL 99-83 Sec 805...... 977
War crimes....................... PL 109-102 Sec 590.... 1460
Africa--Continued
War crimes--Continued
PL 110-161 Sec 687.... 1337
Western Sahara................... PL 99-83 Sec 808...... 978
Zaire............................ PL 99-83 Sec 804...... 977
African Development Bank
Appropriations, 2006............. PL 109-102 Title II... 1408
Appropriations, 2008............. PL 110-161 Title III.. 1282
African Development Foundation
Appropriations, 2006............. PL 109-102 Title II... 1396
Appropriations, 2008............. PL 110-161 Sec 631.... 1299
PL 110-161 Title III.. 1271
Appropriations, 2009............. PL 111-8 Sec 7025..... 1148
PL 111-8 Title III.... 1126
Authorization, 1986 and 1987..... PL 96-533 Sec 510..... 1020
Establishment.................... PL 96-533 Sec 503..... 1017
Findings......................... PL 95-424 Sec 122..... 1040
PL 96-533 Sec 502..... 1016
Functions........................ PL 96-533 Sec 505..... 1017
Government Corporation Control PL 96-533 Sec 508..... 1020
Act.
Management....................... PL 96-533 Sec 507..... 1019
Powers........................... PL 96-533 Sec 506..... 1018
Purposes......................... PL 96-533 Sec 504..... 1017
Spending authority limitation.... PL 96-533 Sec 509..... 1020
African Development Fund
Appropriations, 2006............. PL 109-102 Title II... 1408
Appropriations, 2008............. PL 110-161 Title III.. 1283
Appropriations, 2009............. PL 111-8 Title V...... 1132
Authorization, 1961.............. PL 87-195 Sec 497..... 236
Sub-Saharan Africa long-term PL 87-195 Sec 496..... 231
development assistance.
African Union Mission in Sudan
Authorities to deter and suppress PL 109-344 Sec 6...... 800
genocide.
Definitions...................... PL 109-344 Sec 2...... 793
Findings......................... PL 109-344 Sec 3...... 794
Reporting requirements........... PL 107-245 Sec 8(c)... 817
Sanctions........................ PL 109-344 Sec 5...... 799
Sense of Congress................ PL 109-344 Sec 4...... 797
Agency for International
Development. See United States
Agency for International
Development
Agricultural commodities
Acquisition under import programs PL 97-113 Sec 203..... 995
PL 99-83 Sec 205...... 941
Agreements with food deficit PL 99-83 Sec 1008..... 984
countries.
Agriculture
Agencies
Appropriations, 2007........... PL 109-289 Sec 20108.. 1368
Credit programs
General provisions............. PL 87-195 Sec 223..... 112
Sense of Congress.............. PL 87-195 Sec 222A.... 110
Famine prevention and freedom
from hunger
Annual report.................. PL 87-195 Sec 300..... 178
Authority...................... PL 87-195 Sec 297..... 173
Authorization.................. PL 87-195 Sec 299..... 178
Board for International Food PL 87-195 Sec 298..... 176
and Agricultural Development.
Findings....................... PL 87-195 Sec 296..... 168
Foreign aid
Authorization, 1986 and 1987... PL 87-195 Sec 103..... 29
Cooperatives development and PL 87-195 Sec 111..... 68
use.
Findings....................... PL 87-195 Sec 103(c).. 30
PL 87-195 Sec 103(f).. 31
Local currency proceeds........ PL 87-195 Sec 103(e).. 31
Research assistance............ PL 87-195 Sec 103A.... 32
Agriculture--Continued
International Fund for
Agricultural Development
Appropriations, 2006........... PL 109-102 Title II... 1408
Appropriations, 2008........... PL 110-161 Title III.. 1283
Appropriations, 2009........... PL 111-8 Title V...... 1132
U.S. participation............. PL 87-195 Sec 103(g).. 31
Production increase self-help PL 97-113 Sec 403(c).. 996
provisions.
AID. See United States Agency for
International Development
Aid, Trade and Competitiveness Act
of 1992
Aid credit guarantees to finance PL 102-549 Sec 307.... 918
capital projects report.
Capital projects
Capital projects office........ PL 102-549 Sec 302.... 916
Environmental safety and PL 102-549 Sec 303.... 917
sustainability.
Funding........................ PL 102-549 Sec 306.... 918
Poverty alleviation............ PL 102-549 Sec 303.... 917
Reports........................ PL 102-549 Sec 305.... 917
Coordination..................... PL 102-549 Sec 304.... 917
AIDS. See HIV/AIDS
Airborne warning and control system
aircraft
AWACS sold to Saudi Arabia, PL 99-83 Sec 131...... 936
certification.
Aircraft sales
Afghanistan...................... PL 111-32 Sec 1102(h). 1210
Airport security
Beirut International Airport PL 99-83 Sec 551(c)... 946
closing, sense of Congress.
Civil aviation boycott of PL 99-83 Sec 555...... 946
countries supporting terrorism.
Explosives detection research.... PL 99-83 Sec 557...... 946
Hijacking of TWA flight 847, PL 99-83 Sec 558...... 947
sense of Congress.
International Civil Aviation PL 99-83 Sec 554...... 946
Organization standards
enforcement.
Albert Schweitzer Hospital
Authorization, 1974.............. PL 93-189 Sec 33...... 1071
Aliens
Adjustment of status for Soviet PL 101-167 Sec 599E... 1579
and Indochinese parolees.
Amerasian immigration............ PL 100-202 Sec 584.... 1586
Refugee determinations........... PL 101-167 Sec 599D... 1575
Amerasian immigration.............. PL 100-202 Sec 584.... 1586
American Institute in Taiwan
Appropriations, 2007............. PL 109-289 Sec 20943.. 1372
Appropriations, 2008............. PL 110-161 Title I.... 1250
Appropriations, 2009............. PL 111-8 Title I...... 1103
American schools and hospitals
abroad
Appropriations, 2009............. PL 111-8 Title III.... 1114
Authorization.................... PL 87-195 Sec 214..... 106
American University in Bulgaria
Sense of Congress................ PL 106-570 Sec 503.... 726
AMIS. See African Union Mission in
Sudan
Andean counterdrug
Appropriations, 2006............. PL 109-102 Title II... 1397
Appropriations, 2008............. PL 110-161 Title III.. 1274
Appropriations, 2009............. PL 111-8 Title III.... 1122
Angola
Independence policy.............. PL 93-559 Sec 50...... 1066
International Military Education PL 111-8 Title IV..... 1128
and Training, appropriations,
2009.
Anticorruption
Afghanistan, appropriations, 2009 PL 111-32 Sec 1102(d). 1210
Appropriations, 2006............. PL 109-102 Sec 599D... 1465
Report........................... PL 110-161 Sec 692.... 1340
Antiterrorism assistance
Administrative authorities....... PL 87-195 Sec 575..... 304
Authorization, 2001-2003......... PL 87-195 Sec 574..... 303
General authority................ PL 87-195 Sec 571..... 301
Limitations...................... PL 87-195 Sec 573..... 301
Purposes......................... PL 87-195 Sec 572..... 301
Arab League
Boycott of Israel................ PL 109-102 Sec 535.... 1430
PL 110-161 Sec 635.... 1303
PL 111-8 Sec 7035..... 1159
Arms control
Conventional arms trade.......... PL 93-559 Sec 51...... 1067
Excess defense equipment PL 111-8 Sec 7016..... 1144
notification.
Arms Export Control Act............ PL 90-629............. 427
Administrative expenses.......... PL 90-629 Sec 43...... 519
Agent fees....................... PL 90-629 Sec 39...... 504
Annual sales estimate............ PL 90-629 Sec 25...... 463
CFE Treaty, limited equipment PL 90-629 Chap 9...... 541
transfer.
Authorities.................... PL 90-629 Sec 93...... 542
Definitions.................... PL 90-629 Sec 95...... 543
Notifications.................. PL 90-629 Sec 94(a)... 543
Obligations.................... PL 90-629 Sec 92...... 542
Purpose........................ PL 90-629 Sec 91...... 541
Reports to Congress............ PL 90-629 Sec 94(b)... 543
Chemical or biological weapons PL 90-629 Sec 81...... 538
sanctions.
Civilian contract personnel use.. PL 90-629 Sec 42(f)... 519
Commercial and government exports PL 90-629 Sec 36...... 477
report.
Contract cancellation............ PL 90-629 Sec 42(e)... 518
Coordination with foreign policy. PL 90-629 Sec 2....... 433
Credit sales..................... PL 90-629 Sec 23...... 457
PL 90-629 Sec 42(b)... 517
Definitions...................... PL 90-629 Sec 47...... 520
Discrimination prohibition....... PL 90-629 Sec 5....... 443
Eligibility...................... PL 90-629 Sec 3....... 434
End-use monitoring of defense PL 90-629 Sec 40A..... 515
articles and services.
Exchange of training and support. PL 90-629 Sec 30A..... 471
Fiscal provisions relating to PL 90-629 Sec 37...... 492
sales credits.
Foreign intimidation and PL 90-629 Sec 6....... 445
harassment of individuals.
Foreign military construction PL 90-629 Sec 29...... 470
sales.
Foreign military sales PL 90-629 Chap 2...... 446
authorization.
Foreign policy................... PL 90-629 Sec 2....... 433
Guaranties....................... PL 90-629 Sec 24...... 462
Incentive payments prohibition... PL 90-629 Sec 39A..... 505
International defense PL 90-629 Sec 1....... 431
cooperation, sense of Congress.
Judicial review.................. PL 90-629 Sec 38(h)... 502
Justification for sales program.. PL 90-629 Sec 25...... 463
Leases of defense articles
Application of other provisions PL 90-629 Sec 64...... 528
of law.
Leasing authority.............. PL 90-629 Sec 61...... 524
Legislative review............. PL 90-629 Sec 63...... 527
Loan of materials for research PL 90-629 Sec 65...... 528
and development purposes.
Reports to Congress............ PL 90-629 Sec 62...... 526
Leases of defense articles PL 90-629 Sec 63...... 527
legislative review.
Leasing authority................ PL 90-629 Sec 61...... 524
Leasing of defense articles PL 90-629 Sec 62...... 526
reports.
Licensing exemptions............. PL 90-629 Sec 38(j)... 502
Licensing process................ PL 90-629 Sec 38(g)... 500
Loan of materials for research PL 90-629 Sec 65...... 528
and development purposes.
Arms Export Control Act--Continued
Military export controls
Agent fees..................... PL 90-629 Sec 39...... 504
Commercial and government PL 90-629 Sec 36...... 477
exports report.
Fiscal provisions relating to PL 90-629 Sec 37...... 492
sales credits.
Incentive payments prohibition. PL 90-629 Sec 39A..... 505
Judicial review................ PL 90-629 Sec 38(h)... 502
Licensing exemptions........... PL 90-629 Sec 38(j)... 502
Licensing process.............. PL 90-629 Sec 38(g)... 500
Military sales credits PL 90-629 Sec 31...... 472
authorization and aggregate
ceiling.
Munitions List review.......... PL 90-629 Sec 38(f)... 499
Presidential authorities....... PL 90-629 Sec 38(a)... 493
PL 90-629 Sec 38(e)... 498
Registration requirements...... PL 90-629 Sec 38(b)... 496
Sales credit standards......... PL 90-629 Sec 34...... 476
Sales to less developed PL 90-629 Sec 35...... 477
countries.
Shipping information report.... PL 90-629 Sec 38(i)... 502
Sub-Saharan Africa, restraint PL 90-629 Sec 33...... 476
in sales, sense of Congress.
Transactions with countries PL 90-629 Sec 40...... 507
supporting acts of
international terrorism.
Violations..................... PL 90-629 Sec 38(c)... 498
Military sales................... PL 90-629 Sec 4....... 443
Annual estimate................ PL 90-629 Sec 25...... 463
Credit sales................... PL 90-629 Sec 23...... 457
Guaranties..................... PL 90-629 Sec 24...... 462
Justification for sales program PL 90-629 Sec 25...... 463
Presidential authority to enter PL 90-629 Sec 27...... 466
into cooperative projects.
Procurement for cash sales..... PL 90-629 Sec 22...... 455
Sales from stocks.............. PL 90-629 Sec 21...... 446
Security assistance surveys.... PL 90-629 Sec 26...... 466
Military sales credits PL 90-629 Sec 31...... 472
authorization and aggregate
ceiling.
Missile equipment and technology PL 90-629 Chap 7...... 529
control.
Authorities.................... PL 90-629 Sec 73B..... 536
Definitions.................... PL 90-629 Sec 74...... 536
Denial of transfer by PL 90-629 Sec 72...... 531
U.S. persons.
Licensing...................... PL 90-629 Sec 71...... 529
Notification of admittance of PL 90-629 Sec 73A..... 536
adherents.
Transfers by foreign persons... PL 90-629 Sec 73...... 532
Munitions List review............ PL 90-629 Sec 38(f)... 499
Nuclear detonations.............. PL 90-629 Sec 102..... 545
Nuclear enrichment transfers..... PL 90-629 Sec 101..... 544
Nuclear explosive devices........ PL 90-629 Sec 102..... 545
PL 90-629 Sec 103..... 552
Nuclear nonproliferation controls
Detonations.................... PL 90-629 Sec 102..... 545
Enrichment transfers........... PL 90-629 Sec 101..... 544
Illegal exports of explosive PL 90-629 Sec 102..... 545
devices.
Nuclear explosive device PL 90-629 Sec 103..... 552
definition.
Reprocessing transfers......... PL 90-629 Sec 102..... 545
Transfers of explosive devices. PL 90-629 Sec 102..... 545
Nuclear reprocessing transfers... PL 90-629 Sec 102..... 545
Presidential authorities......... PL 90-629 Sec 27...... 466
PL 90-629 Sec 38(a)... 493
PL 90-629 Sec 38(e)... 498
Procurement for cash sales....... PL 90-629 Sec 22...... 455
Procurement provisions........... PL 90-629 Sec 42(a)... 517
Arms Export Control Act--Continued
Procurement provisions--Continued
PL 90-629 Sec 42(c)... 518
Purposes for which military sales PL 90-629 Sec 4....... 443
are authorized.
Registration requirements........ PL 90-629 Sec 38(b)... 496
Sales and guaranties............. PL 90-629 Sec 42(d)... 518
Sales credit standards........... PL 90-629 Sec 34...... 476
Sales from stocks................ PL 90-629 Sec 21...... 446
Sales to less developed countries PL 90-629 Sec 35...... 477
Sales to U.S. companies for PL 90-629 Sec 30...... 470
incorporation into end items.
Savings provisions............... PL 90-629 Sec 46...... 520
Security assistance surveys...... PL 90-629 Sec 26...... 466
Security policy objectives....... PL 90-629 Chap 1...... 431
Shipping information report...... PL 90-629 Sec 38(i)... 502
Special Defense Acquisition Fund
Establishment.................. PL 90-629 Sec 51...... 522
Transfer of procured items..... PL 90-629 Sec 52...... 524
Statutory construction........... PL 90-629 Sec 44...... 519
Sub-Saharan Africa, restraint in PL 90-629 Sec 33...... 476
sales, sense of Congress.
Transactions with countries PL 90-629 Sec 40...... 507
supporting acts of international
terrorism.
Violations....................... PL 90-629 Sec 38(c)... 498
Asia
Asian Development Fund
Appropriations, 2006........... PL 109-102 Title II... 1408
Appropriations, 2008........... PL 110-161 Title III.. 1282
Appropriations, 2009........... PL 111-8 Title V...... 1132
Cambodia......................... PL 99-83 Sec 905...... 982
Khmer Rouge.................... PL 99-83 Sec 906...... 982
Development assistance
Appropriations, 2006........... PL 109-102 Title II... 1386
Disadvantaged children assistance PL 87-195 Sec 241..... 155
PL 99-83 Sec 903...... 981
Foreign aid
Appropriations, 2006........... PL 109-102 Sec 587.... 1458
PL 109-102 Sec 591.... 1461
Appropriations, 2008........... PL 110-161 Sec 638.... 1304
PL 110-161 Sec 698.... 1341
Appropriations, 2009........... PL 111-8 Sec 7071..... 1186
PL 111-8 Title III.... 1120
PL 111-32 Title XI.... 1204
Philippines...................... PL 99-83 Sec 901...... 980
Refugee crisis in Southeast Asia. PL 96-53 Sec 509...... 1037
Republic of Korea, U.S. policy... PL 99-83 Sec 908...... 983
Sri Lanka, political settlement.. PL 99-83 Sec 907...... 982
Asia Foundation
Appropriations, 2008............. PL 110-161 Title I.... 1252
Appropriations, 2009............. PL 111-8 Title I...... 1106
Asian Development Bank
Authorization, 1972 and 1973..... PL 93-189 Sec 28...... 1070
Asian Development Fund
Appropriations, 2006............. PL 109-102 Title II... 1408
Appropriations, 2008............. PL 110-161 Title III.. 1282
Appropriations, 2009............. PL 111-8 Title V...... 1132
Assistance for International PL 106-570............ 723
Malaria Control Act.
American University in Bulgaria, PL 106-570 Sec 503.... 726
sense of Congress.
Findings......................... PL 106-570 Sec 102.... 723
Prevention, treatment, control PL 106-570 Sec 103.... 724
and elimination.
Vessel towing.................... PL 106-570 Sec 502.... 725
Assistance for Orphans and Other PL 109-95............. 618
Vulnerable Children in Developing
Countries Act of 2005.
Assistance for Orphans and Other
Vulnerable Children in Developing
Countries Act of 2005--Continued
Annual report.................... PL 109-95 Sec 5....... 621
Definition....................... PL 109-95 Sec 6....... 622
Findings......................... PL 109-95 Sec 2....... 618
Strategy......................... PL 109-95 Sec 4....... 621
Atomic Energy Act of 1954. See
Convention on Supplementary
Compensation for Nuclear Damage
Australia
Arms export control
Commercial and government PL 90-629 Sec 36...... 477
exports report.
Cooperative project eligibility PL 90-629 Sec 3....... 434
Sales from stocks.............. PL 90-629 Sec 21...... 446
AWACS. See Airborne warning and
control system aircraft
B
Bahrain
Stingers transfer................ PL 101-167 Sec 581.... 1574
Baltic States. Also see individual
country
Appropriations, 2006............. PL 109-102 Title II... 1393
Appropriations, 2007............. PL 110-28 Title I..... 1356
Appropriations, 2008............. PL 110-161 Title III.. 1270
Bangladesh
International Military Education PL 111-8 Title IV..... 1128
and Training, appropriations,
2009.
Banks. See International financial
institutions
Belize
Relations with Guatemala......... PL 99-83 Sec 703(g)... 956
Biodiversity conservation
activities
Appropriations, 2006............. PL 109-102 Sec 534(b). 1427
Biological weapons
Sanctions against foreign persons PL 90-629 Sec 81...... 538
Sense of Congress................ PL 97-113 Sec 716..... 1000
Bolivia
Drug control assistance.......... PL 99-83 Sec 611...... 948
Bosnia and Herzegovina
Foreign aid
Appropriations, 2006........... PL 109-102 Title II... 1393
Broadcasting
Alhurra broadcasting............. PL 110-161 Sec 114.... 1258
Appropriations, 2007............. PL 109-289 Sec 20943.. 1372
Appropriations, 2008............. PL 110-161 Title I.... 1253
PL 110-252 Title I.... 1229
...................... 1232
Appropriations, 2009............. PL 111-8 Title I...... 1106
Palestinian Broadcasting
Corporation
Assistance prohibition......... PL 109-102 Sec 558.... 1443
PL 110-161 Sec 656.... 1316
PL 111-8 Sec 7038..... 1161
Radio broadcasting
North Korea.................... PL 108-333 Sec 103(b). 773
PL 110-346 Sec 6...... 784
Transparency requirements........ PL 111-8 Sec 7041..... 1164
Bulgaria
American University in Bulgaria, PL 106-570 Sec 503.... 726
sense of Congress.
Burma
Appropriations, 1997............. PL 104-208 Sec 570.... 1538
Appropriations, 2006............. PL 109-102 Sec 526.... 1422
Burma--Continued
Appropriations, 2006--Continued
PL 109-102 Sec 534(a). 1426
Appropriations, 2008............. PL 110-161 Sec 638(b). 1305
Appropriations, 2009............. PL 111-8 Sec 7034..... 1156
PL 111-8 Sec 7071(b).. 1186
Buying Power Maintenance Account
Appropriations, 2008............. PL 110-252 Sec 1408... 1242
C
Callable capital subscriptions PL 109-102 Title II... 1407
limitation.
Cambodia
Foreign aid...................... PL 87-195 Sec 495H.... 227
PL 99-83 Sec 905...... 982
Appropriations, 2009........... PL 111-8 Sec 7071(d).. 1187
Funding use prohibition........ PL 91-652 Sec 7....... 1079
PL 93-189 Sec 31...... 1070
PL 95-424 Sec 602..... 1042
PL 96-533 Sec 717..... 1023
PL 109-102 Sec 554.... 1439
Indochina war funding prohibition PL 93-189 Sec 30...... 1070
Parolees
Adjustment of status for....... PL 101-167 Sec 599E... 1579
PL 106-429 Sec 586.... 1499
Canada
Agreement for extension of PL 94-329 Sec 608..... 1060
airport at Pinecreek, Minnesota.
Exports to the United States..... PL 99-83 Sec 721...... 964
Capital Investment Fund
Appropriations, 2006............. PL 109-102 Title II... 1390
Appropriations, 2008............. PL 110-161 Title I.... 1248
PL 110-161 Title III.. 1267
Appropriations, 2009............. PL 111-8 Title I...... 1101
PL 111-8 Title II..... 1110
Caribbean Development Bank
Loan assumption.................. PL 96-533 Sec 315..... 1014
Puerto Rico...................... PL 93-559 Sec 52...... 1067
Caribbean region
Advisory Commission.............. PL 99-83 Sec 714...... 961
Enterprise for the Americas PL 87-195............. 408
Initiative.
Foreign aid
Comprehensive reports.......... PL 99-83 Sec 709...... 959
Disaster assistance............ PL 87-195 Sec 495G.... 227
Sense of Congress.............. PL 96-53 Sec 125...... 1029
Modernization of military
capabilities
Appropriations, 1990........... PL 101-167 Sec 573.... 1573
Center for Middle Eastern-Western
Dialogue Trust Fund
Appropriations, 2008............. PL 110-161 Title I.... 1252
Appropriations, 2009............. PL 111-8 Title I...... 1107
Central America
Democracy, Peace and Development PL 87-195............. 191
Initiative.
Disaster assistance for displaced PL 87-195 Sec 495I.... 228
persons.
Foreign aid
Appropriations, 2006........... PL 109-102 Sec 576.... 1453
PL 109-102 Title II... 1386
Appropriations, 2008........... PL 110-161 Sec 672(a). 1328
PL 110-252 Sec 1407... 1241
Appropriations, 2009........... PL 111-8 Sec 7045..... 1166
Foreign aid conditions........... PL 87-195 Sec 462..... 192
Trade credit insurance programs.. PL 87-195 Sec 224..... 115
Central Asia
Foreign aid
Administrative authorities..... PL 87-195 Sec 499E.... 254
Appropriations, 1961........... PL 87-195 Sec 499A.... 252
Central Asia--Continued
Foreign aid--Continued
Appropriations, 2006........... PL 109-102 Sec 587.... 1458
Appropriations, 2008........... PL 110-161 Sec 698.... 1341
Appropriations, 2009........... PL 111-8 Sec 7075..... 1191
PL 111-8 Title III.... 1120
PL 111-32 Title XI.... 1204
Border control assistance...... PL 87-195 Sec 499C.... 253
Definitions.................... PL 87-195 Sec 499F.... 255
Infrastructure development..... PL 87-195 Sec 499B.... 253
Reconciliation and recovery PL 87-195 Sec 499..... 252
from regional conflicts.
Strengthening democracy, PL 87-195 Sec 499D.... 254
tolerance and civil society
development.
CFE Treaty. See Conventional Forces
in Europe Treaty
Chad
Foreign aid...................... PL 110-161 Sec 666(f). 1324
Chemical weapons
Okinawa, foreign aid funding PL 91-672 Sec 13...... 1082
prohibition.
Sanctions against foreign persons PL 90-629 Sec 81...... 538
Sense of Congress................ PL 97-113 Sec 716..... 1000
Child Soldiers Prevention Act of PL 110-457............ 553
2008.
Definitions...................... PL 110-457 Sec 402.... 553
Foreign Service officer training. PL 110-457 Sec 406.... 557
Prohibition...................... PL 110-457 Sec 404.... 555
Reports.......................... PL 110-457 Sec 405.... 556
Sense of Congress................ PL 110-457 Sec 403.... 554
Child Survival and Health Programs
Fund
Appropriations, 2006............. PL 109-102 Sec 522.... 1420
PL 109-102 Title II... 1383
PL 109-234 Title I.... 1373
Appropriations, 2007............. PL 110-28 Title I..... 1355
Children
Asia, assistance to disadvantaged PL 87-195 Sec 241..... 155
children.
Assistance for Orphans and Other PL 109-95............. 618
Vulnerable Children in
Developing Countries Act of 2005.
Child labor...................... PL 109-164 Sec 105.... 895
Child soldiers................... PL 110-161 Sec 699C... 1343
Child survival
Appropriations, 2006........... PL 109-102 Sec 522.... 1420
PL 109-102 Title II... 1383
PL 109-234 Title I.... 1373
Appropriations, 2007........... PL 110-28 Title I..... 1355
Appropriations, 2008........... PL 110-161 Sec 622.... 1294
PL 110-161 Title III.. 1262
PL 110-252 Title I.... 1232
Appropriations, 2009........... PL 111-8 Title III.... 1111
PL 111-32 Title XI.... 1203
Authorization, 2010............ PL 87-195 Sec 104(c).. 36
Disadvantaged Amerasians......... PL 99-83 Sec 903...... 981
Health programs.................. PL 87-195 Sec 104(c).. 35
HIV/AIDS assistance.............. PL 87-195 Sec 104(g).. 40
PL 87-195 Sec 104A.... 41
Immunization and oral rehydration
Findings....................... PL 99-529 Sec 101..... 926
U.S. participation in global PL 99-529 Sec 102..... 927
effort.
Infant feeding programs.......... PL 97-113 Sec 301(b).. 995
Orphans and vulnerable children
Authorization.................. PL 87-195 Sec 135(f).. 102
Definitions.................... PL 87-195 Sec 135(b).. 100
Findings....................... PL 87-195 Sec 135(a).. 99
Monitoring and evaluation PL 87-195 Sec 135(d).. 101
system.
Program assistance............. PL 87-195 Sec 135(c).. 101
Special Advisor................ PL 87-195 Sec 135(e).. 101
Children--Continued
Sex trafficking by force, fraud 18 USC Sec 1591....... 903
or coercion.
Trafficking prevention efforts... PL 110-457 Sec 235.... 876
Chile.............................. PL 94-161 Sec 320..... 1062
PL 97-113 Sec 726..... 1005
Human rights, sense of Congress.. PL 93-189 Sec 35...... 1072
China, People's Republic of
Congressional-Executive
Commission on People's Republic
of China
Appropriations, 2008........... PL 110-161 Title I.... 1254
Appropriations, 2009........... PL 111-8 Title I...... 1108
Democracy Fund
Appropriations, 2009........... PL 111-8 Title III.... 1119
Energy technology exports and PL 110-140 Sec 912.... 564
outreach programs.
Foreign aid
Appropriations, 2009........... PL 111-8 Sec 7071(f).. 1187
Prohibitions................... PL 87-195 Sec 620(f).. 333
Mutual Defense Treaty with the PL 95-384 Sec 26...... 1045
United States.
North Korean refugee access...... PL 108-333 Sec 304.... 779
United Nations Population Fund PL 111-8 Sec 7079(c).. 1193
use prohibition.
United States-China Economic and
Security Review Commission
Appropriations, 2008........... PL 110-161 Title I.... 1254
Appropriations, 2009........... PL 111-8 Title I...... 1108
Financial management........... PL 110-11 Sec 118..... 1259
United States Senate-China
Interparliamentary Group
Appropriations, 2008........... PL 110-161 Title I.... 1255
Appropriations, 2009........... PL 111-8 Title I...... 1108
University programs
Appropriations, 2006........... PL 109-102 Sec 534(i). 1428
Citizenship
U.S. citizens born in Jerusalem.. PL 110-161 Sec 107.... 1256
Civilian Reserve Corps
Appropriations, 2007............. PL 110-28 Sec 3810.... 1363
Civilian Stabilization Initiative
Appropriations, 2009............. PL 111-8 Title I...... 1099
PL 111-8 Title II..... 1110
Cluster munitions
Funding prohibition.............. PL 111-8 Sec 7056..... 1177
Coal
Exporting nations report......... PL 99-83 Sec 1210..... 985
Federal Coal Export Commission... PL 99-83 Sec 1304..... 988
Collaborative Research Support
Programs
Appropriations, 2009............. PL 111-8 Title III.... 1114
Colombia
Andean counterdrug initiative
Appropriations, 2006........... PL 109-102 Title II... 1397
Appropriations, 2008........... PL 110-161 Title III.. 1274
Conditions on assistance......... PL 106-246 Sec 3201... 1507
Demobilization and disarmament of
former foreign terrorist
organizations
Appropriations, 2006........... PL 109-102 Sec 599E... 1466
Drug control programs............ PL 96-533 Sec 402(c).. 1015
Foreign aid
Appropriations, 2006........... PL 109-102 Sec 556.... 1441
Appropriations, 2008........... PL 110-161 Sec 649.... 1309
Appropriations, 2009........... PL 111-8 Sec 7046..... 1170
PL 111-32 Sec 1115(e). 1216
Support limitations for Plan PL 106-246 Sec 3204... 1510
Colombia.
Foreign Military Financing, PL 111-8 Title IV..... 1130
appropriations, 2009.
Colombia--Continued
Visa denial for insurgent and PL 106-246 Sec 3205... 1513
paramilitary group supporters.
Visa denial to illegal armed PL 109-102 Sec 557.... 1442
groups.
Commercial Centers. See United
States Commercial Centers
Commission for the Preservation of
America's Heritage Abroad
Appropriations, 2009............. PL 111-8 Title I...... 1108
Authorities...................... PL 99-83 Sec 1303(g).. 987
Compensation and per diem........ PL 99-83 Sec 1303(f).. 987
Duties........................... PL 99-83 Sec 1303(c).. 986
Establishment.................... PL 99-83 Sec 1303(b).. 986
Meetings......................... PL 99-83 Sec 1303(e).. 987
Membership....................... PL 99-83 Sec 1303(d).. 987
Purpose.......................... PL 99-83 Sec 1303(a).. 986
Reports.......................... PL 99-83 Sec 1303(h).. 988
Commission on International
Religious Freedom
Appropriations, 2009............. PL 111-8 Title I...... 1108
Commission on Security and
Cooperation in Europe
Appropriations, 2008............. PL 110-161 Title I.... 1254
Appropriations, 2009............. PL 111-8 Title I...... 1108
Community development. See
Development assistance
Comprehensive Peace in Sudan Act of PL 108-497............ 805
2004.
Darfur, conflict in, sense of PL 108-497 Sec 4...... 807
Congress.
Darfur, sanctions in support of PL 108-497 Sec 6...... 809
peace.
Definitions...................... PL 108-497 Sec 2...... 805
Findings......................... PL 108-497 Sec 3...... 805
Comptroller General
Reports on appropriation accounts 31 USC Sec 1556....... 1596
Congo Relief, Security and PL 109-456............ 589
Democracy Promotion Act of 2006.
Bilateral assistance............. PL 109-456 Sec 103.... 592
Findings......................... PL 109-456 Sec 101.... 589
Government accountability........ PL 109-456 Sec 104.... 593
International organizations...... PL 109-456 Sec 202.... 595
Report........................... PL 109-456 Sec 106.... 593
Special Envoy for the Great Lakes PL 109-456 Sec 107.... 594
Region.
Statement of policy.............. PL 109-456 Sec 102.... 590
U.S. policy in the United Nations PL 109-456 Sec 201.... 594
Security Council.
Withholding assistance........... PL 109-456 Sec 105.... 593
Congressional-Executive Commission
on the People's Republic of China
Appropriations, 2008............. PL 110-161 Title I.... 1254
Appropriations, 2009............. PL 111-8 Title I...... 1108
Consolidated Security, Disaster PL 110-329............ 1222
Assistance and Continuing
Appropriations Act, 2009
Economic Support Fund............ PL 110-329 Title II... 1226
Emergency designation............ PL 110-329 Sec 30002.. 1227
Explanatory statement............ PL 110-329 Sec 4...... 1222
Inspector General Office......... PL 110-329 Title II... 1226
International Boundary and Water PL 110-329 Title I.... 1226
Commission, United States and
Mexico.
Consulting services
Appropriations, 2008............. PL 110-161 Sec 108.... 1257
Contingency Fund................... PL 87-195 Sec 451..... 190
Continuing Appropriations PL 109-289............ 1365
Resolution, 2007.
Agriculture agencies............. PL 109-289 Sec 20108.. 1368
American Institute in Taiwan..... PL 109-289 Sec 20943.. 1372
Broadcasting operations.......... PL 109-289 Sec 20943.. 1372
Diplomatic and consular programs. PL 109-289 Sec 20943.. 1372
Continuing Appropriations
Resolution, 2007--Continued
Diplomatic and consular programs--
Continued
PL 109-289 Sec 20944.. 1372
Economic assistance.............. PL 109-289 Title II... 1368
Energy programs.................. PL 109-289 Sec 20316.. 1368
Full-year continuing PL 109-289 Title I.... 1365
appropriations.
Middle Eastern-Western Dialogue PL 109-289 Sec 20942.. 1371
Trust Fund.
Nuclear nonproliferation......... PL 109-289 Sec 20316.. 1368
Peacekeeping activities.......... PL 109-289 Sec 20943.. 1372
Convention on Supplementary
Compensation for Nuclear Damage
Cause of action.................. PL 110-140 Sec 934(i). 586
Definitions...................... PL 110-140 Sec 934(b). 581
Findings and purpose............. PL 110-140 Sec 934(a). 580
Judicial review limitation....... PL 110-140 Sec 934(i). 585
Liability........................ PL 110-140 Sec 934(g). 584
Payments......................... PL 110-140 Sec 934(h). 585
Price-Anderson funds use......... PL 110-140 Sec 934(c). 582
Public liability amount.......... PL 110-140 Sec 934(d). 582
Regulations...................... PL 110-140 Sec 934(l). 586
Reports.......................... PL 110-140 Sec 934(f). 584
Retrospective risk pooling PL 110-140 Sec 934(e). 583
program.
Right of recourse................ PL 110-140 Sec 934(j). 586
Sensitive information protection. PL 110-140 Sec 934(k). 586
Conventional Forces in Europe
Treaty
Equipment transfer to NATO
members
Authorities.................... PL 90-629 Sec 93...... 542
Definitions.................... PL 90-629 Sec 95...... 543
Notifications.................. PL 90-629 Sec 94(a)... 543
Obligations.................... PL 90-629 Sec 92...... 542
Purpose........................ PL 90-629 Sec 91...... 541
Reports to Congress............ PL 90-629 Sec 94(b)... 543
Copyrighted materials
Combatting piracy................ PL 109-102 Sec 597.... 1464
PL 110-161 Sec 688.... 1337
Counterproliferation efforts
Appropriations, 2006............. PL 109-102 Sec 599A... 1465
Credit guaranty programs
General provisions............... PL 87-195 Sec 223..... 112
Loan guarantees to Israel........ PL 87-195 Sec 226..... 118
Sense of Congress................ PL 87-195 Sec 222A.... 110
Trade credit insurance programs
Central America................ PL 87-195 Sec 224..... 115
Poland......................... PL 87-195 Sec 225..... 116
CSCE. See Commission on Security
and Cooperation in Europe
Cuba
Condemnation of human rights PL 99-83 Sec 718...... 963
violations.
Drug trafficking................. PL 99-83 Sec 617(a)... 950
Foreign aid prohibitions......... PL 87-195 Sec 620(a).. 328
PL 95-424 Sec 602..... 1042
PL 96-533 Sec 717..... 1023
PL 109-102 Sec 507.... 1412
PL 111-8 Sec 7007..... 1137
Incarceration and deportation.... PL 96-533 Sec 716..... 1023
Refugees......................... PL 96-533 Sec 715..... 1022
Cultural exchange programs
Appropriations, 2008............. PL 110-161 Title I.... 1249
Appropriations, 2009............. PL 111-8 Title I...... 1101
Cyprus
Disaster assistance.............. PL 87-195 Sec 495..... 224
Economic development............. PL 99-83 Sec 203...... 940
Foreign aid
Appropriations, 2006........... PL 109-102 Title II... 1391
Cyprus--Continued
Foreign aid--Continued
Appropriations, 2008........... PL 110-161 Title III.. 1268
Appropriations, 2009........... PL 111-8 Title III.... 1117
Authorization, 1975............ PL 93-559 Sec 28...... 1065
Policy......................... PL 87-195 Sec 620C.... 342
U.S. military cooperation with PL 95-384 Sec 13...... 1043
Turkey.
D
Darfur
Appropriations, 2008............. PL 110-252 Sec 1411... 1243
Comprehensive Peace in Sudan Act PL 108-497............ 805
of 2004.
Definitions.................... PL 108-497 Sec 2...... 805
Findings....................... PL 108-497 Sec 3...... 805
Sanctions...................... PL 108-497 Sec 6...... 809
Sense of Congress.............. PL 108-497 Sec 4...... 807
Darfur Peace and Accountability PL 109-344............ 793
Act of 2006.
Assistance efforts............. PL 109-344 Sec 8...... 802
Authorities to deter and PL 109-344 Sec 6...... 800
suppress genocide.
Continuation of restrictions... PL 109-344 Sec 7...... 802
Definitions.................... PL 109-344 Sec 2...... 793
Findings....................... PL 109-344 Sec 3...... 794
Sanctions...................... PL 109-344 Sec 5...... 799
Sense of Congress.............. PL 109-344 Sec 4...... 797
Peacekeeping activities
Appropriations, 2008........... PL 110-252 Sec 1411... 1243
Sanctions in support of peace, PL 110-174 Sec 10..... 791
reports.
Sudan Peace Act.................. PL 107-245............ 811
Air transport relief flights PL 107-245 Sec 10..... 818
ban.
Assistance..................... PL 107-245 Sec 5...... 814
PL 107-245 Sec 12..... 819
Definitions.................... PL 107-245 Sec 3...... 813
Findings....................... PL 107-245 Sec 2...... 811
Human rights abuses............ PL 107-245 Sec 4...... 813
Multilateral pressure on PL 107-245 Sec 7...... 816
combatants.
Peace process.................. PL 107-245 Sec 6...... 814
Relief efforts................. PL 107-245 Sec 9...... 818
Reporting requirements......... PL 107-245 Sec 8...... 816
War crimes investigation....... PL 107-245 Sec 11..... 818
Debt-for-development
Appropriations, 2009............. PL 111-8 Sec 7031..... 1153
Debt-for-nature exchanges
Commercial debt exchanges........ PL 87-195 Sec 462..... 195
Definition....................... PL 87-195 Sec 461..... 194
Eligible countries............... PL 87-195 Sec 464..... 196
Eligible projects................ PL 87-195 Sec 463..... 195
Sub-Saharan Africa pilot program. PL 87-195 Sec 466..... 197
Terms and conditions............. PL 87-195 Sec 465..... 196
Tropical Forest Conservation Act. PL 87-195 Sec 808..... 421
Debt Reduction. See Tropical Forest
Conservation Act
Defense, Secretary of
Foreign assistance administrative PL 87-195 Sec 623..... 360
responsibilities.
Demining programs
Appropriations, 2006............. PL 109-102 Title II... 1402
Appropriations, 2007............. PL 110-28 Title I..... 1357
PL 110-28 Title III... 1359
Appropriations, 2008............. PL 110-161 Title III.. 1277
PL 110-252 Title I.... 1230
...................... 1234
Appropriations, 2009............. PL 111-8 Title III.... 1123
Demining programs--Continued
Appropriations, 2009--Continued
PL 111-32 Title XI.... 1205
Democracy development
Afghanistan Freedom Support Act
of 2002
Administrative provisions...... PL 107-327 Sec 106.... 754
Authorization.................. PL 107-327 Sec 103.... 745
Authorization, 2005 and 2006... PL 107-327 Sec 108.... 755
Coordination of assistance..... PL 107-327 Sec 104.... 753
Opium producing areas.......... PL 107-327 Sec 105.... 754
Policy declaration............. PL 107-327 Sec 101.... 743
Purposes of assistance......... PL 107-327 Sec 102.... 744
Relationship to other authority PL 107-327 Sec 107.... 755
Haiti
Economic assistance............ PL 99-529 Sec 202..... 928
Findings....................... PL 99-529 Sec 201..... 927
Military training.............. PL 99-529 Sec 203..... 929
Recovery of assets stolen by PL 99-529 Sec 204..... 930
Duvalier regime.
North Korean Human Rights Act of
2004
Programs support............... PL 108-333 Sec 102.... 773
Sudan............................ PL 107-245 Sec 5...... 814
Democracy Fund
Appropriations, 2006............. PL 109-102 Title II... 1397
PL 109-234 Title I.... 1375
Appropriations, 2007............. PL 110-28 Title I..... 1356
PL 110-28 Title III... 1358
Appropriations, 2008............. PL 110-161 Title III.. 1273
PL 110-252 Title I.... 1230
Appropriations, 2009............. PL 111-8 Title III.... 1119
Democratic People's Republic of
Korea
Foreign assistance prohibitions.. PL 87-195 Sec 620(f).. 333
Democratic Republic of the Congo
International Military Education PL 111-8 Title IV..... 1128
and Training, appropriations,
2009.
Peacekeeping operations
Appropriations, 2009........... PL 111-32 Title XI.... 1206
Democratic Republic of the Congo PL 109-456............ 589
Relief, Security and Democracy
Promotion Act of 2006.
Assistance....................... PL 109-456 Sec 103.... 592
PL 109-456 Sec 105.... 593
Findings......................... PL 109-456 Sec 101.... 589
Government accountability........ PL 109-456 Sec 104.... 593
International organizations...... PL 109-456 Sec 202.... 595
Report........................... PL 109-456 Sec 106.... 593
Special Envoy for the Great Lakes PL 109-456 Sec 107.... 594
Region.
Statement of policy.............. PL 109-456 Sec 102.... 590
United Nations Security Council.. PL 109-456 Sec 201.... 594
Department of State, Foreign PL 110-161............ 1246
Operations and Related Programs
Appropriations Act, 2008.
Abortions and involuntary PL 110-161 Sec 618.... 1293
sterilization funding
prohibition.
Advisor for Activities Relating PL 110-161 Sec 699B... 1343
to Indigenous Peoples
Internationally.
Afghanistan...................... PL 110-161 Sec 623.... 1295
Africa, war crimes in............ PL 110-161 Sec 687.... 1337
African Development Bank......... PL 110-161 Title III.. 1282
African Development Foundation... PL 110-161 Sec 631.... 1299
PL 110-161 Title III.. 1271
African Development Fund......... PL 110-161 Title III.. 1283
Alhurra broadcasting............. PL 110-161 Sec 114.... 1258
Allocations...................... PL 110-161 Sec 619.... 1293
Allowances and differentials..... PL 110-161 Sec 101.... 1255
Department of State, Foreign
Operations and Related Programs
Appropriations Act, 2008--
Continued
American Institute in Taiwan..... PL 110-161 Title I.... 1250
Andean counterdrug programs...... PL 110-161 Title III.. 1274
Anti-corruption activities report PL 110-161 Sec 692.... 1340
Anti-kleptocracy................. PL 110-161 Sec 699L... 1348
Anti-terrorism................... PL 110-161 Title III.. 1277
Arab League boycott of Israel, PL 110-161 Sec 635.... 1303
sense of Congress.
Asia............................. PL 110-161 Sec 638.... 1304
Asia Foundation.................. PL 110-161 Title I.... 1252
Asian Development Fund........... PL 110-161 Title III.. 1282
Assistance eligibility........... PL 110-161 Sec 636.... 1303
Authorization requirement........ PL 110-161 Sec 653.... 1314
Basic education.................. PL 110-161 Sec 664.... 1322
Broadcasting capital improvements PL 110-161 Title I.... 1254
Callable capital subscriptions... PL 110-161 Title III.. 1283
Capital Investment Fund.......... PL 110-161 Title I.... 1248
PL 110-161 Title III.. 1267
Center for Middle Eastern-Western PL 110-161 Title I.... 1252
Dialogue Trust Fund.
Central Asia..................... PL 110-161 Sec 698.... 1341
Child soldiers................... PL 110-161 Sec 699C... 1343
Colombia......................... PL 110-161 Sec 649.... 1309
Commerce and trade............... PL 110-161 Sec 613.... 1288
Commercial leasing of defense PL 110-161 Sec 610.... 1288
articles.
Commission for the Preservation PL 110-161 Title I.... 1254
of America's Heritage Abroad.
Commission on International PL 110-161 Title I.... 1254
Religious Freedom.
Commission on Security and PL 110-161 Title I.... 1254
Cooperation in Europe.
Community-based police assistance PL 110-161 Sec 661.... 1320
Comprehensive expenditures report PL 110-161 Sec 633.... 1299
Congressional-Executive PL 110-161 Title I.... 1254
Commission on the People's
Republic of China.
Consular operations.............. PL 110-161 Sec 116.... 1258
Consulting services.............. PL 110-161 Sec 108.... 1257
Copyrighted materials, combatting PL 110-161 Sec 688.... 1337
piracy of.
Countries in default............. PL 110-161 Sec 612.... 1288
Cultural exchange programs....... PL 110-161 Title I.... 1249
Debt buybacks and sales authority PL 110-161 Sec 663.... 1321
Debt-for-development............. PL 110-161 Sec 627.... 1297
Debt relief for the poorest...... PL 110-161 Sec 662.... 1320
Debt restructuring............... PL 110-161 Title III.. 1278
Default limitation on assistance PL 110-161 Sec 612.... 1288
to countries.
Demining......................... PL 110-161 Title III.. 1277
Democracy Fund................... PL 110-161 Title III.. 1273
Department of State Inspector PL 110-161 Sec 115.... 1258
General.
Development assistance........... PL 110-161 Title III.. 1264
Development Credit Authority..... PL 110-161 Title III.. 1266
Development Grants Program....... PL 110-161 Sec 674.... 1330
Diplomatic and consular service.. PL 110-161 Title I.... 1246
...................... 1249
Direct funding for certain PL 110-161 Sec 607.... 1286
countries, prohibition against.
Disability programs.............. PL 110-161 Sec 699.... 1342
Disaster assistance.............. PL 110-161 Sec 675.... 1331
PL 110-161 Title III.. 1265
East-West Center................. PL 110-161 Title I.... 1253
Eastern Europe and the Baltic PL 110-161 Title III.. 1270
States.
Economic Support Fund............ PL 110-161 Title III.. 1268
Limitation for ICC parties..... PL 110-161 Sec 671.... 1327
Egypt............................ PL 110-161 Sec 690.... 1338
Department of State, Foreign
Operations and Related Programs
Appropriations Act, 2008--
Continued
Eisenhower Exchange Fellowship PL 110-161 Title I.... 1252
Program.
Embassies........................ PL 110-161 Sec 103.... 1255
PL 110-161 Title I.... 1249
Enterprise for the Americas PL 110-161 Title III.. 1282
Multilateral Investment Fund.
Enterprise Fund restrictions..... PL 110-161 Sec 629.... 1298
Environment and energy programs.. PL 110-161 Sec 684.... 1334
European Bank for Reconstruction PL 110-161 Title III.. 1283
and Development.
Excess defense articles for PL 110-161 Sec 669.... 1327
Central and South European
countries.
Excess defense equipment PL 110-161 Sec 624.... 1295
notification.
Export-Import Bank of the United PL 110-161 Title II... 1259
States
Extradition...................... PL 110-161 Sec 683.... 1334
Financial market assistance...... PL 110-161 Sec 630.... 1299
Foreign Military Financing....... PL 110-161 Sec 678.... 1332
PL 110-161 Title III.. 1280
Foreign Service Retirement and PL 110-161 Title I.... 1250
Disability Fund.
Gender-based violence............ PL 110-161 Sec 670.... 1327
General provisions............... PL 110-161 Title VI... 1283
Global Environment Facility...... PL 110-161 Title III.. 1282
Global Fund...................... PL 110-161 Sec 625.... 1295
Global health and child survival. PL 110-161 Sec 622.... 1294
PL 110-161 Title III.. 1262
Independent States of the Former PL 110-161 Sec 617.... 1291
Soviet Union.
PL 110-161 Title III.. 1271
Indonesia........................ PL 110-161 Sec 679.... 1332
PL 110-161 Sec 682.... 1333
Inspector General................ PL 110-161 Title I.... 1248
Inter-American Foundation........ PL 110-161 Sec 631.... 1299
PL 110-161 Title III.. 1271
International affairs technical PL 110-161 Title III.. 1278
assistance.
International Boundary and Water PL 110-161 Sec 117.... 1258
Commission, Mexico.
PL 110-161 Title I.... 1251
International broadcasting....... PL 110-161 Title I.... 1253
International commissions........ PL 110-161 Title I.... 1251
...................... 1252
International conferences........ PL 110-161 Sec 696.... 1340
International Development PL 110-161 Title III.. 1282
Association.
International Fund for PL 110-161 Title III.. 1283
Agricultural Development.
International Fund for Ireland... PL 110-161 Title III.. 1270
International Military Education PL 110-161 Title III.. 1279
and Training.
International organizations and PL 110-161 Sec 616.... 1291
programs.
PL 110-161 Title I.... 1250
PL 110-161 Title III.. 1283
Iran............................. PL 110-161 Sec 693.... 1340
Iraq............................. PL 110-161 Sec 680.... 1333
PL 110-161 Sec 699K... 1347
Israeli Arab Scholarship Program. PL 110-161 Title I.... 1253
Jobs impact in the United States. PL 110-161 Sec 632.... 1299
Landmines and cluster munitions.. PL 110-161 Sec 646.... 1308
Law enforcement.................. PL 110-161 Title III.. 1274
Libya............................ PL 110-161 Sec 654.... 1314
Migration and refugee assistance. PL 110-161 Title III.. 1276
Military coups................... PL 110-161 Sec 608.... 1286
Military training report......... PL 110-161 Sec 652.... 1314
Department of State, Foreign
Operations and Related Programs
Appropriations Act, 2008--
Continued
Millennium Challenge Corporation. PL 110-161 Sec 699I... 1346
PL 110-161 Title III.. 1272
Multilateral development banks... PL 110-161 Sec 699H... 1346
U.S. Executive Directors PL 110-161 Sec 601.... 1283
compensation.
Narcotics control................ PL 110-161 Title III.. 1274
Nonproliferation................. PL 110-161 Title III.. 1277
Notification requirements........ PL 110-161 Sec 620.... 1294
Nuclear threat reduction and PL 110-161 Sec 699M... 1348
security.
Orphans, displaced and abandoned PL 110-161 Sec 699A... 1342
children.
Overseas Private Investment
Corporation
Noncredit account.............. PL 110-161 Sec 677.... 1332
PL 110-161 Title II... 1260
Program account................ PL 110-161 Title II... 1261
Pakistan......................... PL 110-161 Sec 699F... 1345
Palestinian Authority PL 110-161 Sec 647.... 1309
restrictions.
PL 110-161 Sec 650.... 1313
Palestinian Broadcasting PL 110-161 Sec 656.... 1316
Corporation assistance
prohibition.
Palestinian statehood assistance PL 110-161 Sec 655.... 1315
limitation.
Parking fines.................... PL 110-161 Sec 643.... 1307
Payment of certain expenses PL 110-161 Sec 648.... 1309
prohibition.
Peace Corps...................... PL 110-161 Sec 631.... 1299
PL 110-161 Title III.. 1272
Peacekeeping activities.......... PL 110-161 Sec 104.... 1256
PL 110-161 Sec 113.... 1258
PL 110-161 Title I.... 1250
PL 110-161 Title III.. 1282
Personnel actions................ PL 110-161 Sec 111.... 1257
Philippines...................... PL 110-161 Sec 699E... 1344
Protection of foreign missions PL 110-161 Title I.... 1249
and officials.
Publicity or propaganda, PL 110-161 Sec 639.... 1306
prohibition.
Real property taxes owed by PL 110-161 Sec 643.... 1307
foreign countries.
Reconciliation programs.......... PL 110-161 Sec 665.... 1323
Refugee relief................... PL 110-161 Sec 691.... 1339
Repatriation loans program PL 110-161 Title I.... 1249
account.
Representation allowances........ PL 110-161 Sec 605.... 1284
PL 110-161 Title I.... 1249
Reprogramming.................... PL 110-161 Sec 615.... 1289
Rescission....................... PL 110-161 Sec 699P... 1349
Residence expenses limitation.... PL 110-161 Sec 603.... 1284
Russian Federation, repression in PL 110-161 Sec 686.... 1336
the.
Saudi Arabia..................... PL 110-161 Sec 697.... 1341
Senior Policy Operating Group on PL 110-161 Sec 106.... 1256
Trafficking in Persons.
Separate accounts................ PL 110-161 Sec 628.... 1297
Serbia........................... PL 110-161 Sec 699D... 1344
Special authorities.............. PL 110-161 Sec 634.... 1300
Sri Lanka........................ PL 110-161 Sec 699G... 1346
Sudan............................ PL 110-161 Sec 666.... 1323
Surplus commodities.............. PL 110-161 Sec 614.... 1289
Taxation of U.S. assistance, PL 110-161 Sec 606.... 1285
prohibition on.
Terrorist countries, prohibition PL 110-161 Sec 626.... 1296
on assistance to.
PL 110-161 Sec 642.... 1306
Tobacco promotion prohibition.... PL 110-161 Sec 699N... 1349
Torture prohibition.............. PL 110-161 Sec 681.... 1333
Trade and Development Agency..... PL 110-161 Title II... 1261
Trade capacity building.......... PL 110-161 Sec 667.... 1324
Department of State, Foreign
Operations and Related Programs
Appropriations Act, 2008--
Continued
Transfer authority............... PL 110-161 Sec 609.... 1286
Transition initiatives........... PL 110-161 Title III.. 1265
Transparency and accountability.. PL 110-161 Sec 668.... 1324
Tropical diseases................ PL 110-161 Sec 689.... 1338
U.N. contributions restriction... PL 110-161 Sec 602.... 1284
U.N. delegations restrictions.... PL 110-161 Sec 112.... 1257
U.N. members, prohibition of PL 110-161 Sec 640.... 1306
payments to.
U.S. citizens born in Jerusalem.. PL 110-161 Sec 107.... 1256
United Nations Human Rights PL 110-161 Sec 695.... 1340
Council.
United Nations Population Fund... PL 110-161 Sec 660.... 1319
United States Agency for PL 110-161 Sec 676.... 1331
International Development.
PL 110-161 Title III.. 1266
...................... 1267
United States-China Economic and PL 110-161 Sec 118.... 1259
Security Review Commission.
PL 110-161 Title I.... 1254
United States Emergency Refugee PL 110-161 Title III.. 1277
and Migration Assistance Fund.
United States Institute of Peace. PL 110-161 Title I.... 1255
United States Senate-China PL 110-161 Title I.... 1255
Interparliamentary Group.
Unobligated balances report...... PL 110-161 Sec 102.... 1255
PL 110-161 Sec 604.... 1284
Unobligated funds rescissions.... PL 110-161 Sec 699O... 1349
Uzbekistan....................... PL 110-161 Sec 685.... 1336
Visas denial..................... PL 110-161 Sec 105.... 1256
PL 110-161 Sec 694.... 1340
War Crimes Tribunal drawdown..... PL 110-161 Sec 645.... 1308
War criminals.................... PL 110-161 Sec 658.... 1317
West Bank and Gaza............... PL 110-161 Sec 644.... 1308
PL 110-161 Sec 657.... 1316
Western hemisphere............... PL 110-161 Sec 672.... 1328
Zimbabwe......................... PL 110-161 Sec 673.... 1329
Department of State, Foreign PL 111-8.............. 1098
Operations and Related Programs
Appropriations Act, 2009.
Abortion and involuntary PL 111-8 Sec 7018..... 1145
sterilization, prohibition on
funding.
Afghanistan...................... PL 111-8 Sec 7077..... 1192
Africa........................... PL 111-8 Sec 7070..... 1183
African Development Foundation... PL 111-8 Title III.... 1126
African Development Fund......... PL 111-8 Title V...... 1132
Allocations...................... PL 111-8 Sec 7019..... 1145
Allowances and differentials..... PL 111-8 Sec 7001..... 1135
American Institute in Taiwan PL 111-8 Title I...... 1103
payment.
Andean counterdrug programs...... PL 111-8 Title III.... 1122
Anti-kleptocracy................. PL 111-8 Sec 7086..... 1197
Anti-terrorism programs.......... PL 111-8 Title III.... 1123
Arab League boycott of Israel.... PL 111-8 Sec 7035..... 1159
Asia............................. PL 111-8 Sec 707...... 1186
Asia Foundation.................. PL 111-8 Title I...... 1106
Asian Development Fund........... PL 111-8 Title V...... 1132
Assistance eligibility........... PL 111-8 Sec 7028..... 1151
Authorization requirements....... PL 111-8 Sec 7023..... 1148
Availability of funds............ PL 111-8 Sec 7011..... 1139
Broadcasting capital improvements PL 111-8 Title I...... 1106
Broadcasting transparency........ PL 111-8 Sec 7041..... 1164
Buying Power Maintenance Account. PL 111-8 Title I...... 1103
Capital Investment Fund.......... PL 111-8 Title I...... 1101
Center for Middle Eastern-Western PL 111-8 Title I...... 1107
Dialogue Trust Fund.
Central Asia..................... PL 111-8 Sec 7075..... 1191
Department of State, Foreign
Operations and Related Programs
Appropriations Act, 2009--
Continued
Civilian Stabilization Initiative PL 111-8 Title I...... 1100
Colombia......................... PL 111-8 Sec 7046..... 1170
Commerce, trade and surplus PL 111-8 Sec 7026..... 1149
commodities.
Commercial leasing of defense PL 111-8 Sec 7085..... 1197
articles.
Commission for the Preservation PL 111-8 Title I...... 1108
of America's Heritage Abroad.
Commission on International PL 111-8 Title I...... 1108
Religious Freedom.
Commission on Security and PL 111-8 Title I...... 1108
Cooperation in Europe.
Community-based police assistance PL 111-8 Sec 7047..... 1174
Comprehensive expenditures report PL 111-8 Sec 7066..... 1183
Congressional-Executive PL 111-8 Title I...... 1108
Commission on People's Republic
of China.
Consular affairs reform.......... PL 111-8 Sec 7006..... 1137
Consulting services.............. PL 111-8 Sec 7003..... 1136
Debt buybacks and sales.......... PL 111-8 Sec 7032..... 1154
Debt-for-development............. PL 111-8 Sec 7031..... 1153
Debt relief for the poorest...... PL 111-8 Sec 7033..... 1155
Debt restructuring............... PL 111-8 Title III.... 1126
Default limitation on assistance PL 111-8 Sec 7012..... 1139
to countries.
Demining programs................ PL 111-8 Title III.... 1123
Democracy Fund................... PL 111-8 Title III.... 1119
Development assistance........... PL 111-8 Title III.... 1114
Development Credit Authority..... PL 111-8 Title III.... 1116
Development grants program....... PL 111-8 Sec 7061..... 1181
Diplomatic and consular programs. PL 111-8 Title I...... 1099
...................... 1102
Direct funding for certain PL 111-8 Sec 7007..... 1137
countries, prohibition against.
Disability programs.............. PL 111-8 Sec 7089..... 1198
Disaster assistance.............. PL 111-8 Title III.... 1115
East-West Center................. PL 111-8 Title I...... 1107
Economic Support Fund............ PL 111-8 Title III.... 1117
Education........................ PL 111-8 Sec 7064..... 1182
Educational and cultural exchange PL 111-8 Title I...... 1101
programs.
Eisenhower Exchange Fellowship PL 111-8 Title I...... 1107
Program.
Embassies........................ PL 111-8 Sec 7004..... 1136
PL 111-8 Title I...... 1102
Energy and environment........... PL 111-8 Sec 7083..... 1195
Enterprise for the Americas PL 111-8 Title V...... 1132
Multilateral Investment Fund.
Enterprise Funds................. PL 111-8 Sec 7078..... 1193
Entertainment expenses, PL 111-8 Sec 7020..... 1146
prohibition of payment for.
Europe, Eurasia and Central Asia. PL 111-8 Title III.... 1120
Excess defense equipment PL 111-8 Sec 7016..... 1144
notification.
Export-Import Bank of the United PL 111-8.............. 1132
States
Extradition...................... PL 111-8 Sec 7082..... 1195
Foreign Military Financing....... PL 111-8 Title IV..... 1129
Foreign Service Retirement and PL 111-8 Title I...... 1103
Disability Fund payment.
Gender-based violence............ PL 111-8 Sec 7063..... 1182
General provisions............... PL 111-8 Title VII.... 1135
Global Environment Facility...... PL 111-8 Title V...... 1132
Global health and child survival. PL 111-8 Title III.... 1111
Global health.................... PL 111-8 Sec 7060..... 1181
Independent States of the Former PL 111-8 Sec 7073..... 1189
Soviet Union.
Inspector General Office......... PL 111-8 Title I...... 1101
Department of State, Foreign
Operations and Related Programs
Appropriations Act, 2009--
Continued
Inter-American Foundation........ PL 111-8 Title III.... 1125
International affairs technical PL 111-8 Title III.... 1126
assistance.
International broadcasting....... PL 111-8 Title I...... 1106
International commissions
American sections.............. PL 111-8 Title I...... 1105
Construction................... PL 111-8 Title I...... 1105
Expenses....................... PL 111-8 Title I...... 1104
Fisheries commissions.......... PL 111-8 Title I...... 1105
International Boundary and PL 111-8 Title I...... 1105
Water Commission.
Salaries and expenses.......... PL 111-8 Title I...... 1105
International conferences PL 111-8 Sec 7053..... 1175
attendance.
International Development PL 111-8 Title V...... 1132
Association.
International financial PL 111-8 Sec 7030..... 1153
institutions.
PL 111-8 Title V...... 1132
International Fund for PL 111-8 Title V...... 1132
Agricultural Development.
International Fund for Ireland... PL 111-8 Title III.... 1120
International Military Education PL 111-8 Sec 7087..... 1198
and Training.
PL 111-8 Title IV..... 1128
International organizations and PL 111-8 Sec 7017..... 1145
programs.
PL 111-8 Title I...... 1103
PL 111-8 Title V...... 1131
Iran............................. PL 111-8 Sec 7043..... 1165
Iraq............................. PL 111-8 Sec 7042..... 1165
Israeli Arab Scholarship Program. PL 111-8 Title I...... 1107
Jobs impact...................... PL 111-8 Sec 7029..... 1152
Landmines and cluster munitions.. PL 111-8 Sec 7056..... 1177
Lebanon.......................... PL 111-8 Sec 7044..... 1166
Migration and refugee assistance. PL 111-8 Title III.... 1124
Military coups................... PL 111-8 Sec 7008..... 1137
Military training and equipment PL 111-8 Sec 7087..... 1198
reports.
Millennium Challenge Corporation. PL 111-8 Sec 7057..... 1178
PL 111-8 Title III.... 1125
Multilateral assistance.......... PL 111-8 Title V...... 1131
Narcotics control................ PL 111-8 Title III.... 1121
National Endowment for Democracy. PL 111-8 Title I...... 1107
Nonproliferation................. PL 111-8 Title III.... 1123
Orphans, displaced and abandoned PL 111-8 Sec 7090..... 1199
children.
Overseas Private Investment
Corporation
Noncredit account.............. PL 111-8 Sec 7081..... 1194
PL 111-8 Title VI..... 1134
Program account................ PL 111-8 Title VI..... 1135
Palestinian Authority assistance PL 111-8 Sec 7037..... 1161
restrictions.
PL 111-8 Sec 7040..... 1163
Palestinian Broadcasting PL 111-8 Sec 7038..... 1161
Corporation assistance
prohibition.
Palestinian statehood............ PL 111-8 Sec 7036..... 1160
Parking fines.................... PL 111-8 Sec 7055..... 1176
Peace Corps...................... PL 111-8 Title III.... 1124
Peacekeeping..................... PL 111-8 Sec 7050..... 1175
PL 111-8 Sec 7051..... 1175
PL 111-8 Title I...... 1104
PL 111-8 Title IV..... 1128
Personnel actions................ PL 111-8 Sec 7005..... 1136
Prohibition against direct PL 111-8 Sec 7007..... 1137
funding for certain countries.
Protection of foreign missions PL 111-8 Title I...... 1102
and officials.
Publicity and propaganda PL 111-8 Sec 7080..... 1194
prohibition.
Department of State, Foreign
Operations and Related Programs
Appropriations Act, 2009--
Continued
Real property taxes owed by PL 111-8 Sec 7055..... 1176
foreign governments.
Reconciliation programs.......... PL 111-8 Sec 7065..... 1182
Repatriation loans program PL 111-8 Title I...... 1103
account.
Reporting requirement............ PL 111-8 Sec 7010..... 1139
Representation allowances........ PL 111-8 Title I...... 1102
Reprogramming.................... PL 111-8 Sec 7015..... 1142
Residence expenses limitation.... PL 111-8 Sec 7058..... 1178
Russian Federation, repression in PL 111-8 Sec 7074..... 1190
the.
Security assistance.............. PL 111-8 Title IV..... 1128
Senior Policy Operating Group on PL 111-8 Sec 7068..... 1183
Trafficking in Persons.
Separate accounts................ PL 111-8 Sec 7027..... 1150
Serbia........................... PL 111-8 Sec 7072..... 1189
Special authorities.............. PL 111-8 Sec 7034..... 1156
Sri Lanka........................ PL 111-8 Sec 7091..... 1200
Taxation prohibition............. PL 111-8 Sec 7013..... 1140
Terrorist countries, prohibition PL 111-8 Sec 7021..... 1147
of assistance to.
PL 111-8 Sec 7022..... 1147
Tobacco promotion prohibition.... PL 111-8 Sec 7084..... 1197
Torture prohibition.............. PL 111-8 Sec 7069..... 1183
Trade and Development Agency..... PL 111-8 Title VI..... 1135
Transfer authority............... PL 111-8 Sec 7009..... 1138
Transition initiatives........... PL 111-8 Title III.... 1115
Transparency and accountability.. PL 111-8 Sec 7088..... 1198
U.N. delegations restrictions.... PL 111-8 Sec 7054..... 1176
U.N. members payments prohibition PL 111-8 Sec 7048..... 1174
United Nations Human Rights PL 111-8 Sec 7052..... 1175
Council.
United Nations Population Fund... PL 111-8 Sec 7079..... 1193
United States Agency for
International Development.
Capital Investment Fund........ PL 111-8 Title II..... 1110
Civilian Stabilization PL 111-8 Title II..... 1110
Initiative.
Inspector General Office....... PL 111-8 Title II..... 1111
Management..................... PL 111-8 Sec 7059..... 1178
Operating expenses............. PL 111-8 Title II..... 1109
United States-China Economic and PL 111-8 Title I...... 1108
Security Review Commission.
United States Emergency Refugee PL 111-8 Title III.... 1124
and Migration Assistance Fund.
United States Institute of Peace. PL 111-8 Title I...... 1106
United States Senate-China PL 111-8 Title I...... 1109
Interparliamentary Group.
Unobligated balances report...... PL 111-8 Sec 7002..... 1136
Uzbekistan....................... PL 111-8 Sec 7076..... 1192
War crimes tribunals drawdown.... PL 111-8 Sec 7049..... 1174
West Bank and Gaza assistance.... PL 111-8 Sec 7039..... 1162
Western hemisphere............... PL 111-8 Sec 7045..... 1166
Women in development............. PL 111-8 Sec 7062..... 1181
Development assistance. See also
Department of State, Foreign
Operations and Related Programs
Appropriations Acts
Africa
Regional development........... PL 87-195 Sec 206..... 104
Agricultural credit programs
General provisions............. PL 87-195 Sec 223..... 112
Sense of Congress.............. PL 87-195 Sec 222A.... 110
American Schools and Hospitals PL 87-195 Sec 214..... 106
Abroad Program.
Cooperatives development and use. PL 87-195 Sec 111..... 68
Cooperatives in overseas PL 87-195 Sec 123..... 85
development.
Cost-sharing..................... PL 87-195 Sec 110..... 68
Desalting plant prototype........ PL 87-195 Sec 219..... 107
Education programs............... PL 87-195 Sec 105..... 61
Development assistance--Continued
El Salvador...................... PL 99-83 Sec 702(f)... 955
Energy programs.................. PL 87-195 Sec 106..... 63
Findings......................... PL 87-195 Sec 102(a).. 17
Funding limits................... PL 87-195 Sec 110..... 68
Funds availability............... PL 87-195 Sec 102(c).. 23
Funds transfer................... PL 87-195 Sec 109..... 67
Haiti............................ PL 97-113 Sec 721..... 1003
PL 98-151 Sec 101(b).. 992
PL 99-83 Sec 705...... 957
Housing guaranties
Authorization.................. PL 87-195 Sec 222..... 108
Findings....................... PL 87-195 Sec 221..... 108
Human resources development...... PL 87-195 Sec 105..... 61
Illicit narcotics production PL 87-195 Sec 126..... 89
control.
Immunization and oral rehydration PL 99-83 Sec 305(b)... 942
promotion.
Minority set-aside............... PL 99-83 Sec 315...... 943
Multilateral programs............ PL 87-195 Sec 209..... 104
Principles....................... PL 87-195 Sec 102(b).. 17
Private and voluntary PL 87-195 Sec 123..... 85
organizations.
PL 99-83 Sec 311...... 942
Productive credit programs
General provisions............. PL 87-195 Sec 223..... 112
Sense of Congress.............. PL 87-195 Sec 222A.... 110
Regional programs................ PL 87-195 Sec 206..... 104
PL 87-195 Sec 209..... 104
Relatively least developed PL 87-195 Sec 124..... 87
countries.
Reprogramming notification PL 87-195 Sec 102(c).. 23
requirements.
Rural electrification, sense of PL 99-83 Sec 716...... 962
Congress.
Sanitation....................... PL 87-195 Sec 135..... 103
Self-help community development
programs
General provisions............. PL 87-195 Sec 223..... 112
Sense of Congress.............. PL 87-195 Sec 222A.... 110
Special authorities.............. PL 87-195 Sec 102(c).. 25
Technical assistance............. PL 87-195 Sec 129..... 90
Technology appropriateness....... PL 87-195 Sec 107..... 66
Transfer authorities............. PL 87-195 Sec 102(c).. 22
Utilization of democratic PL 87-195 Sec 281..... 167
institutions.
Water supply..................... PL 87-195 Sec 135..... 103
Women's integration into national PL 87-195 Sec 113..... 69
economies.
Development Credit Authority
Housing guaranties authorization. PL 87-195 Sec 222..... 108
Disaster assistance
Africa
Famine assistance.............. PL 87-195 Sec 495F.... 226
PL 87-195 Sec 495K.... 229
Authorization.................... PL 87-195 Sec 492..... 222
Cambodia......................... PL 87-195 Sec 495H.... 227
Caribbean hurricane relief....... PL 87-195 Sec 495G.... 227
Central American displaced PL 87-195 Sec 495I.... 228
persons.
Coordination..................... PL 87-195 Sec 493..... 223
Cyprus........................... PL 87-195 Sec 495..... 224
General authority................ PL 87-195 Sec 491..... 222
Italy............................ PL 87-195 Sec 495B.... 224
Lebanon.......................... PL 87-195 Sec 495C.... 225
PL 87-195 Sec 495J.... 229
Nicaragua........................ PL 87-195 Sec 494..... 223
Pakistan......................... PL 87-195 Sec 494..... 223
Policy........................... PL 87-195 Sec 491..... 222
Romania.......................... PL 87-195 Sec 495D.... 225
Turkey........................... PL 87-195 Sec 495E.... 226
Disease prevention. See also Health
programs
Assistance....................... PL 87-195 Sec 104(c).. 33
Disease prevention--Continued
Authorization, 1986 and 1987..... PL 87-195 Sec 104(g).. 39
Findings......................... PL 87-195 Sec 104(a).. 32
HIV/AIDS
Activities supported........... PL 87-195 Sec 104A(d). 44
Annual report.................. PL 87-195 Sec 104A(f). 54
Compacts and framework PL 87-195 Sec 104A(e). 51
agreements.
Coordinated activities......... PL 87-195 Sec 104A(d). 49
Findings....................... PL 87-195 Sec 104A(a). 40
Monitoring..................... PL 87-195 Sec 104A(d). 47
Pharmaceuticals................ PL 87-195 Sec 104A(d). 48
Policy......................... PL 87-195 Sec 104A(b). 41
Prevention programs............ PL 87-195 Sec 104A(d). 44
Program authorization.......... PL 87-195 Sec 104A(c). 43
Programs assistance............ PL 87-195 Sec 104(c).. 34
PL 87-195 Sec 104(g).. 40
Public-private partnerships.... PL 87-195 Sec 104A(d). 50
Treatment...................... PL 87-195 Sec 104A(d). 46
Integration of assistance PL 87-195 Sec 104(d).. 37
programs.
Malaria
Programs assistance............ PL 87-195 Sec 104(c).. 34
PL 87-195 Sec 104C.... 61
Research and analysis............ PL 87-195 Sec 104(e).. 38
Tuberculosis
Annual report.................. PL 87-195 Sec 104B(g). 59
Coordination................... PL 87-195 Sec 104B(d). 58
Definitions.................... PL 87-195 Sec 104B(h). 60
Findings....................... PL 87-195 Sec 104B(a). 57
Policy......................... PL 87-195 Sec 104B(b). 58
Program authorization.......... PL 87-195 Sec 104B(c). 58
TB Strategy.................... PL 87-195 Sec 104B(e). 58
Vaccine development programs... PL 87-195 Sec 302(d).. 183
World Health Organization and PL 87-195 Sec 104B(f). 59
Stop Tuberculosis Partnership.
Vaccine Fund
Authorization, 2004-2008....... PL 87-195 Sec 302(k).. 184
Dominican Republic
Development assistance
Appropriations, 2006........... PL 109-102 Title II... 1386
Foreign aid
Appropriations, 2008........... PL 110-161 Sec 672(c). 1328
PL 110-252 Sec 1407... 1241
Appropriations, 2009........... PL 111-8 Sec 7045..... 1166
Drug abuse programs
Authorization, 1989.............. PL 87-195 Sec 302(j).. 184
Drug control
Aerial eradication............... PL 87-195 Sec 481(d).. 200
Afghanistan
Prohibition on assistance to PL 107-327 Sec 301.... 763
drug traffickers compliance.
Sense of Congress.............. PL 107-327 Sec 207.... 762
Aircraft requirements............ PL 87-195 Sec 484..... 206
Aircraft use records............. PL 87-195 Sec 485..... 208
Andean counterdrug
Appropriations, 2006........... PL 109-102 Title II... 1397
Appropriations, 2008........... PL 110-161 Title III.. 1274
Appropriations, 2009........... PL 111-8 Title III.... 1122
Appropriations, 1990............. PL 101-167 Sec 569.... 1571
Appropriations, 2006............. PL 109-102 Title II... 1397
PL 109-234 Title I.... 1375
Appropriations, 2007............. PL 110-28 Title I..... 1356
PL 110-28 Title III... 1358
Appropriations, 2008............. PL 110-161 Title III.. 1274
PL 110-252 Title I.... 1230
...................... 1233
Appropriations, 2009............. PL 111-8 Title III.... 1121
Drug control--Continued
Appropriations, 2009--Continued
PL 111-32 Title XI.... 1205
Authorization, 1993 and 1994..... PL 87-195 Sec 482..... 203
Bolivia.......................... PL 99-83 Sec 611...... 948
Certification.................... PL 87-195 Sec 490..... 215
Colombia......................... PL 96-533 Sec 402(c).. 1015
Coordination of U.S. assistance.. PL 87-195 Sec 481(b).. 199
Counternarcotics activities
Appropriations, 2000........... PL 106-246 Title III.. 1506
Crop eradication assistance PL 87-195 Sec 483..... 206
prohibition.
Cuba
Findings....................... PL 99-83 Sec 617(a)... 950
Recommended actions............ PL 99-83 Sec 617(b)... 951
Report......................... PL 99-83 Sec 617(c)... 951
Definitions...................... PL 87-195 Sec 481(e).. 201
Drug traffickers assistance PL 87-195 Sec 487..... 209
prohibition.
Extradition of narcotics PL 106-246 Sec 3203... 1510
traffickers, report.
Facilities construction PL 87-195 Sec 488(b).. 210
limitations.
Foreign bank accounts PL 99-83 Sec 619...... 951
confidentiality.
Foreign police................... PL 87-195 Sec 481(c).. 199
Illicit narcotics production PL 87-195 Sec 126..... 89
control.
International programs........... PL 97-113 Sec 502..... 996
Jamaica.......................... PL 99-83 Sec 610...... 947
Latin American Regional Narcotics PL 99-83 Sec 615...... 950
Control Organization.
Peru............................. PL 99-83 Sec 612...... 949
Policy........................... PL 87-195 Sec 481(a).. 197
Procurement of weapons to defend PL 99-83 Sec 607...... 947
aircraft.
Real property acquisition PL 87-195 Sec 488(a).. 209
limitations.
Reallocation of funds if PL 99-83 Sec 613...... 950
conditions not met.
Reallocation of withheld funds... PL 87-195 Sec 486..... 208
Reporting requirements........... PL 87-195 Sec 489..... 210
U.S. Armed Forces support abroad. PL 99-83 Sec 616...... 950
E
East Timor
Foreign aid, sense of Congress... PL 96-533 Sec 408..... 1016
East-West Center
Appropriations, 2008............. PL 110-161 Title I.... 1253
Appropriations, 2009............. PL 111-8 Title I...... 1107
Eastern Caribbean
Foreign aid...................... PL 96-533 Sec 313..... 1014
Eastern Europe. See also individual
countries
Foreign aid
Appropriations, 2006........... PL 109-102 Title II... 1393
Appropriations, 2007........... PL 110-28 Title I..... 1356
Appropriations, 2008........... PL 110-161 Title III.. 1270
Appropriations, 2009........... PL 111-8 Sec 7034(l).. 1159
Eastern Mediterranean region. See
also individual countries
Foreign assistance policy........ PL 87-195 Sec 620C.... 342
Military assistance policy....... PL 95-384 Sec 13...... 1043
EBRD. See European Bank for
Reconstruction and Development
Economic Support Fund.............. PL 87-195............. 286
Administration of justice........ PL 87-195 Sec 534..... 290
Appropriations, 2006............. PL 109-102 Title II... 1390
PL 109-234 Title I.... 1374
Appropriations, 2007............. PL 110-28 Title I..... 1356
PL 110-28 Title III... 1358
Appropriations, 2008............. PL 110-161 Title III.. 1268
Economic Support Fund--Continued
Appropriations, 2008--Continued
PL 110-252 Title I.... 1230
...................... 1233
Rescission..................... PL 110-161 Sec 699O... 1349
Appropriations, 2009............. PL 110-329 Title II... 1226
PL 111-8 Title III.... 1117
PL 111-32 Title XI.... 1204
Assistance limitation for ICC PL 109-102 Sec 574.... 1452
parties.
PL 110-161 Sec 671.... 1327
Authority........................ PL 87-195 Sec 531..... 287
Authorization, 1987.............. PL 87-195 Sec 532..... 288
Emergency assistance............. PL 87-195 Sec 533..... 290
Education programs
Appropriations, 2006............. PL 109-102 Sec 567.... 1450
Appropriations, 2008............. PL 110-161 Sec 664.... 1322
PL 110-161 Title I.... 1249
Appropriations, 2009............. PL 111-8 Sec 7064..... 1182
PL 111-8 Title I...... 1101
Authorization, 1986 and 1987..... PL 87-195 Sec 105..... 61
Israeli Arab Scholarship Program
Appropriations, 2008........... PL 110-161 Title I.... 1253
Egypt
Appropriations, 2006............. PL 109-102 Title II... 1391
Appropriations, 2008............. PL 110-161 Sec 690.... 1338
Appropriations, 2009............. PL 111-8 Title III.... 1117
PL 111-8 Title IV..... 1129
PL 111-32 Title XI.... 1207
Authorization, 2008.............. PL 99-83 Sec 202(b)... 940
PL 110-161 Title III.. 1268
External debt burden............. PL 97-113 Sec 723..... 1004
Israel, negotiations with........ PL 95-384 Sec 28...... 1046
Israel, relations with........... PL 99-83 Sec 1206..... 985
Military sales financing......... PL 99-83 Sec 101(d)... 933
Military sales loan repayment.... PL 96-533 Sec 106(d).. 1013
Security supporting assistance PL 95-92 Sec 9........ 1047
program, sense of Congress.
Eisenhower Exchange Fellowship
Program
Appropriations, 2008............. PL 110-161 Title I.... 1252
Appropriations, 2009............. PL 111-8 Title I...... 1107
El Salvador
Foreign aid
Aircraft for aerial warfare.... PL 99-83 Sec 702(d)... 954
Appropriations, 1991........... PL 101-513 Sec 531.... 1555
Development assistance......... PL 99-83 Sec 702(f)... 955
Findings....................... PL 99-83 Sec 702(a)... 952
Local currencies............... PL 99-83 Sec 702(e)... 954
Military assistance............ PL 97-113 Sec 728..... 1007
PL 98-151 Sec 101(b).. 991
Military coup.................. PL 99-83 Sec 702(g)... 955
Objectives..................... PL 99-83 Sec 702(b)... 953
Reporting requirement.......... PL 97-113 Sec 729..... 1009
Reports........................ PL 99-83 Sec 702(c)... 954
Restrictions................... PL 97-113 Sec 730..... 1010
Sense of Congress.............. PL 97-113 Sec 727..... 1006
Refugees......................... PL 97-113 Sec 731..... 1010
Embassies
Construction
Appropriations, 2008........... PL 110-161 Sec 103.... 1255
PL 110-161 Title I.... 1249
PL 110-252 Title I.... 1229
Appropriations, 2009........... PL 111-8 Title I...... 1102
PL 111-32 Title XI.... 1202
Emergency Supplemental Act, 2000... PL 106-246............ 1506
Colombia
Assistance..................... PL 106-246 Sec 3201... 1507
Plan Colombia.................. PL 106-246 Sec 3204... 1510
Emergency Supplemental Act, 2000--
Continued
Colombia--Continued
Visas for insurgent and PL 106-246 Sec 3205... 1513
paramilitary group supporters,
denial of.
Counternarcotics activities...... PL 106-246 Title III.. 1506
Declaration of support........... PL 106-246 Sec 3207... 1514
Extradition of narcotics PL 106-246 Sec 3203... 1510
traffickers report.
Population planning assistance PL 106-246 Sec 3206... 1513
limitation.
Regional strategy report......... PL 106-246 Sec 3202... 1509
Emergency Supplemental PL 109-234............ 1373
Appropriations Act for Defense,
Global War on Terror and Hurricane
Recovery, 2006
Child Survival and Health PL 109-234 Title I.... 1373
Programs.
Coalition Solidarity Initiative.. PL 109-234 Sec 1303... 1377
Democracy Fund................... PL 109-234 Title I.... 1375
Development assistance........... PL 109-234 Title I.... 1373
Disaster and famine assistance... PL 109-234 Title I.... 1374
Economic Support Fund............ PL 109-234 Title I.... 1374
Export-Import Bank of the United PL 109-234 Sec 1305... 1378
States.
International affairs technical PL 109-234 Title I.... 1376
assistance.
Iraq Relief and Reconstruction PL 109-234 Sec 1302... 1376
Fund.
PL 109-234 Sec 1306... 1378
Law enforcement.................. PL 109-234 Title I.... 1375
Migration and refugee assistance. PL 109-234 Title I.... 1376
Narcotics control................ PL 109-234 Title I.... 1375
Obligations...................... PL 109-234 Sec 1301... 1376
Palestinian Authority assistance PL 109-234 Sec 1304... 1377
prohibition.
Peacekeeping operations.......... PL 109-234 Title I.... 1376
USAID operating expense.......... PL 109-234 Title I.... 1374
Emergency Supplemental
Appropriations Act for Defense,
Global War on Terror and Tsunami
Relief, 2005
Humanitarian assistance code of PL 109-13 Sec 2110.... 1469
conduct.
Emergency Supplemental PL 108-106............ 1477
Appropriations Act for Defense and
Reconstruction of Iraq and
Afghanistan, 2004
Coalition Provisional Authority PL 108-106 Sec 2208... 1482
in Iraq.
Inspector General for Iraq PL 108-106 Sec 3001... 1483
Reconstruction.
Iraq Relief and Reconstruction PL 108-106 Title II... 1479
Fund.
Reports.......................... PL 108-106 Sec 1120... 1477
PL 108-106 Sec 2207... 1481
PL 108-106 Sec 2215... 1482
Emergency Wartime Supplemental PL 108-11............. 1493
Appropriations Act, 2003
Israel, loan guarantees to....... PL 108-11 Title I..... 1493
Presidential authorities......... PL 108-11 Sec 1503.... 1495
PL 108-11 Sec 1504.... 1495
Employee stock ownership plans
Use in development efforts....... PL 99-83 Sec 713...... 960
Endangered species
Foreign aid...................... PL 87-195 Sec 119..... 81
Energy Independence and Security PL 110-140............ 562
Act of 2007
Definitions...................... PL 110-140 Sec 2...... 562
PL 110-140 Sec 901.... 562
Developing countries............. PL 110-140 Sec 911.... 563
Exports and outreach programs for PL 110-140 Sec 912.... 564
India, China and appropriate
countries.
International Clean Energy
Foundation
Annual report.................. PL 110-140 Sec 924.... 574
Energy Independence and Security
Act of 2007--Continued
International Clean Energy
Foundation--Continued
Authorization, 2009-2013....... PL 110-140 Sec 927.... 577
Board of Directors............. PL 110-140 Sec 922(c). 572
Chief Executive Officer........ PL 110-140 Sec 922(b). 571
Convention on Supplementary PL 110-140 Sec 934.... 580
Compensation for Nuclear
Damage.
Definitions.................... PL 110-140 Sec 921.... 571
Duties of...................... PL 110-140 Sec 923.... 574
Establishment of............... PL 110-140 Sec 922(a). 571
Extractive Industries PL 110-140 Sec 935.... 587
Transparency Initiative.
Government Corporation Control PL 110-140 Sec 925(c). 575
Act applicability.
Inspector General authority.... PL 110-140 Sec 925(d). 576
National energy security PL 110-140 Sec 933.... 579
strategy report.
National Security Council PL 110-140 Sec 932.... 579
reorganization.
Office location................ PL 110-140 Sec 925(b). 575
Personnel authorities.......... PL 110-140 Sec 926.... 576
Powers of...................... PL 110-140 Sec 925(a). 575
State Department energy PL 110-140 Sec 931.... 577
diplomacy and security.
OPIC actions..................... PL 110-140 Sec 914.... 565
Relationship to other law........ PL 110-140 Sec 3...... 562
Task Force on International PL 110-140 Sec 916.... 566
Cooperation for Clean and
Efficient Energy Technologies.
Trade and Development Agency PL 110-140 Sec 915.... 565
actions.
Trade missions to encourage PL 110-140 Sec 913.... 564
private sector trade and
investment.
United States-Israel energy
cooperation
Authorization.................. PL 110-140 Sec 917(d). 571
Findings....................... PL 110-140 Sec 917(a). 569
Grant program.................. PL 110-140 Sec 917(b). 569
Termination.................... PL 110-140 Sec 917(c). 571
Energy programs
Appropriations, 1990............. PL 101-167 Sec 534(b). 1569
Appropriations, 2007............. PL 109-289 Sec 20316.. 1368
Appropriations, 2008............. PL 110-161 Sec 684.... 1334
Appropriations, 2009............. PL 111-8 Sec 7083..... 1195
Findings......................... PL 87-195 Sec 106..... 63
Enhanced Structural Adjustment
Facility
IMF administration expenses...... PL 106-113 Sec 504(c). 1527
Enterprise for the Americas Act of PL 102-549............ 921
1992.
International University for the PL 102-549 Sec 604.... 922
Americas.
Enterprise for the Americas
Initiative
Benefits eligibility............. PL 87-195 Sec 703..... 409
Board............................ PL 87-195 Sec 709..... 414
Debt reduction................... PL 87-195 Sec 704..... 410
Definitions...................... PL 87-195 Sec 702..... 409
Framework agreements............. PL 87-195 Sec 708..... 412
Funds............................ PL 87-195 Sec 707..... 411
Interest on new obligations...... PL 87-195 Sec 706..... 411
Principal repayment.............. PL 87-195 Sec 705..... 411
Purpose.......................... PL 87-195 Sec 701..... 408
Reports to Congress.............. PL 87-195 Sec 710..... 414
Enterprise for the Americas
Multilateral Investment Fund
Appropriations, 2006............. PL 109-102 Title II... 1408
Appropriations, 2008............. PL 110-161 Title III.. 1282
Appropriations, 2009............. PL 111-8 Title V...... 1132
Enterprise Fund
Appropriations, 2009............. PL 111-8 Sec 7078..... 1193
Enterprise Fund--Continued
Restrictions..................... PL 109-102 Sec 530.... 1425
PL 110-161 Sec 629.... 1298
Environment programs
Appropriations, 1991............. PL 101-513 Sec 533.... 1559
Appropriations, 1993............. PL 102-391 Sec 532.... 1551
Appropriations, 2006............. PL 109-102 Sec 585.... 1456
Appropriations, 2008............. PL 110-161 Sec 684.... 1334
Appropriations, 2009............. PL 111-8 Sec 7083..... 1195
Biodiversity conservation
activities
Appropriations, 2006........... PL 109-102 Sec 534(b). 1427
Debt-for-nature exchanges
Commercial debt exchanges...... PL 87-195 Sec 462..... 195
Definition..................... PL 87-195 Sec 461..... 194
Eligible countries............. PL 87-195 Sec 464..... 196
Eligible projects.............. PL 87-195 Sec 463..... 195
Sub-Saharan Africa pilot PL 87-195 Sec 466..... 197
program.
Terms and conditions........... PL 87-195 Sec 465..... 196
Findings......................... PL 87-195 Sec 117..... 76
Natural resources conservation... PL 87-195 Sec 117..... 76
OPIC impact...................... PL 87-195 Sec 231A(b). 126
Tropical Forest Conservation Act. PL 87-195............. 415
Agreement...................... PL 87-195 Sec 809..... 423
Benefits eligibility........... PL 87-195 Sec 805..... 418
Board.......................... PL 87-195 Sec 811..... 425
Consultations with the Congress PL 87-195 Sec 812..... 426
Debt-for-nature swaps and debt PL 87-195 Sec 808..... 421
buybacks.
Debt reduction................. PL 87-195 Sec 806..... 419
PL 87-195 Sec 807..... 420
Definitions.................... PL 87-195 Sec 803..... 417
Facility establishment......... PL 87-195 Sec 804..... 418
Findings and purposes.......... PL 87-195 Sec 802..... 416
Fund........................... PL 87-195 Sec 810..... 425
Reports to Congress............ PL 87-195 Sec 813..... 426
Equatorial Guinea
Foreign aid...................... PL 96-533 Sec 314..... 1014
ESOP. See Employee stock ownership
plans
Estonia
Adjustment of status for parolees PL 101-167 Sec 599E... 1579
Ethiopia
International Military Education PL 111-8 Title IV..... 1128
and Training, appropriations,
2009.
Eurasia. See also individual
countries
Foreign aid
Appropriations, 2009........... PL 111-8 Title III.... 1120
PL 111-32 Title XI.... 1204
Europe. See also individual
countries
Commission on Security and
Cooperation in Europe
Appropriations, 2008........... PL 110-161 Title I.... 1254
Excess defense articles for PL 109-102 Sec 571.... 1451
Central and South European
countries.
PL 110-161 Sec 669.... 1327
Foreign aid
Appropriations, 2009........... PL 111-8 Title III.... 1120
PL 111-32 Title XI.... 1204
European Bank for Reconstruction
and Development
Appropriations, 2006............. PL 109-102 Title II... 1408
Appropriations, 2008............. PL 110-161 Title III.. 1283
Export controls
Arms
Israel's qualitative military PL 110-429 Sec 201.... 559
edge over military threats.
Memorandum of understanding PL 110-429 Sec 202.... 559
with Israel.
Export controls--Continued
Foreign aid
Authorization, 2003............ PL 87-195 Sec 586..... 307
Authorization of assistance.... PL 87-195 Sec 582..... 304
Limitations.................... PL 87-195 Sec 585..... 306
Purposes....................... PL 87-195 Sec 581..... 304
Training....................... PL 87-195 Sec 584..... 306
Transit interdiction........... PL 87-195 Sec 583..... 305
Military
Agent fees..................... PL 90-629 Sec 39...... 504
Authorization and aggregate PL 90-629 Sec 31...... 472
ceiling on credits.
Commercial and government PL 90-629 Sec 36...... 477
exports report.
Fiscal provisions relating to PL 90-629 Sec 37...... 492
sales credits.
Incentive payments prohibition. PL 90-629 Sec 39A..... 505
Judicial review................ PL 90-629 Sec 38(h)... 502
Licensing exemptions........... PL 90-629 Sec 38(j)... 502
Licensing process.............. PL 90-629 Sec 38(g)... 500
Military sales credits PL 90-629 Sec 31...... 472
authorization and aggregate
ceiling.
Munitions List review.......... PL 90-629 Sec 38(f)... 499
Presidential authorities....... PL 90-629 Sec 38(a)... 493
PL 90-629 Sec 38(e)... 498
Registration requirements...... PL 90-629 Sec 38(b)... 496
Sales credit standards......... PL 90-629 Sec 34...... 476
Sales to less developed PL 90-629 Sec 35...... 477
countries.
Shipping information report.... PL 90-629 Sec 38(i)... 502
Sub-Saharan Africa, restraint PL 90-629 Sec 33...... 476
in sales, sense of Congress.
Transactions with countries PL 90-629 Sec 40...... 507
supporting acts of
international terrorism.
Violations..................... PL 90-629 Sec 38(c)... 498
Export-Import Bank of the United
States
Appropriations, 2006............. PL 109-102 Title I.... 1382
Inspector General.............. PL 109-102 Title I.... 1380
Program account................ PL 109-102 Title I.... 1380
Subsidy appropriation.......... PL 109-102 Title I.... 1381
Appropriations, 2008............. PL 110-161 Title II... 1260
Administrative expenses........ PL 110-161 Title II... 1260
Inspector General.............. PL 110-161 Title II... 1259
Program account................ PL 110-161 Title II... 1259
Receipts collected............. PL 110-161 Title II... 1260
Subsidy appropriation.......... PL 110-161 Title II... 1259
Appropriations, 2009
Administrative expenses........ PL 111-8 Title VI..... 1133
Inspector General.............. PL 111-8 Sec 7092..... 1200
PL 111-8 Title VI..... 1132
Program account................ PL 111-8 Title VI..... 1133
Receipts collected............. PL 111-8 Title VI..... 1133
Subsidy appropriation.......... PL 111-8 Title VI..... 1133
Funding rescissions.............. PL 109-234 Sec 1305... 1378
PL 110-161 Sec 699O... 1349
PL 111-8 Sec 7092..... 1200
Global warming initiative........ PL 101-167 Sec 534(d). 1571
Exports. See also Arms Export
Control Act
Arms licenses control............ PL 94-329 Sec 212(b).. 1055
Federal Coal Export Commission... PL 99-83 Sec 1304..... 988
Financing transfer authorities... PL 87-195 Sec 102(c).. 22
PL 87-195 Sec 109..... 67
PL 109-102 Sec 519.... 1418
PL 111-8 Sec 7009..... 1138
Jobs Through Exports Act of 1992. PL 102-549............ 915
Aid, trade and competitiveness. PL 102-549 Title III.. 916
Commercial Service Officers PL 102-549 Sec 701.... 922
increase.
Exports--Continued
Jobs Through Exports Act of 1992--
Continued
Enterprise for the Americas PL 102-549 Sec 604.... 922
Initiative.
Impact on employment in the PL 102-549 Sec 801.... 923
United States.
International University for PL 102-549 Sec 604.... 922
the Americas.
Internationally recognized PL 102-549 Sec 802.... 923
worker rights.
Procurement officers........... PL 102-549 Sec 501.... 921
Trade and Development Program PL 102-549 Sec 202.... 915
renaming.
United States Commercial PL 102-549 Sec 401.... 918
Centers.
Libyan prohibition............... PL 99-83 Sec 504...... 944
Noncompetitive awarding of PL 87-195 Sec 240B.... 154
insurance contracts on OPIC
supported exports.
Uranium depleted in the isotope PL 96-533 Sec 110..... 1013
235.
Extractive Industries Transparency
Initiative
Authorization.................... PL 110-140 Sec 935(3). 588
Policy........................... PL 110-140 Sec 935(b). 587
Purpose.......................... PL 110-140 Sec 935(a). 587
Report........................... PL 110-140 Sec 935(d). 587
Sense of Congress................ PL 110-140 Sec 935(c). 587
Extradition
Funding prohibition.............. PL 109-102 Sec 583.... 1456
PL 110-161 Sec 683.... 1334
PL 111-8 Sec 7082..... 1195
Narcotics traffickers, report.... PL 106-246 Sec 3203... 1510
F
Family planning. See Population
planning
Federal Coal Export Commission
Activities....................... PL 99-83 Sec 1304(e).. 989
Cooperation...................... PL 99-83 Sec 1304(d).. 989
Establishment.................... PL 99-83 Sec 1304(a).. 988
Expenses......................... PL 99-83 Sec 1304(c).. 988
Membership....................... PL 99-83 Sec 1304(b).. 988
Report........................... PL 99-83 Sec 1304(f).. 989
Termination...................... PL 99-83 Sec 1304(g).. 989
Financial institutions,
international. See International
financial institutions
Financial programs
International monetary system PL 105-277 Sec 606.... 1535
update, reports.
Fisheries commissions
Appropriations, 2008............. PL 110-161 Title I.... 1252
Food assistance
Famine prevention and freedom
from hunger
Annual report.................. PL 87-195 Sec 300..... 178
Authority...................... PL 87-195 Sec 297..... 173
Authorization.................. PL 87-195 Sec 299..... 178
Board for International Food PL 87-195 Sec 298..... 176
and Agricultural Development.
Findings....................... PL 87-195 Sec 296..... 168
Food-for-peace program
Definition..................... PL 92-226 Sec 304..... 1076
Sense of Congress.............. PL 92-226 Sec 2....... 1076
Global food security
Appropriations, 2009........... PL 111-8 Sec 7034(o).. 1159
Infant feeding programs.......... PL 97-113 Sec 301(b).. 995
International Development and PL 95-88.............. 1050
Food Assistance Act of 1977.
Food assistance--Continued
International Development and PL 95-424............. 1039
Food Assistance Act of 1978.
International Security and
Development Cooperation Act of
1981
World food security reserves... PL 97-113 Sec 711..... 998
International Security Assistance
and Arms Export Control Act of
1976
Portugal, emergency food needs, PL 94-329 Sec 409..... 1056
sense of Congress.
Policy toward countries most PL 93-559 Sec 55...... 1068
seriously affected by food
shortages.
Postharvest losses of food PL 96-533 Sec 317..... 1015
reduction, sense of Congress.
World Food Program
Appropriations, 2009........... PL 111-8 Sec 7034(h).. 1158
World food shortages, sense of PL 93-189 Sec 39...... 1074
Congress.
World hunger
Findings and policy............ PL 97-113 Sec 712..... 999
Programs....................... PL 96-533 Sec 316..... 1014
Foreign aid
Comprehensive analysis of PL 97-113 Sec 722(b).. 1004
assistance.
Consolidated Security, Disaster PL 110-329............ 1222
Assistance and Continuing
Appropriations Act, 2009.
Continuing Appropriations PL 109-289............ 1365
Resolution, 2007.
Department of State, Foreign PL 110-161............ 1246
Operations and Related Programs
Appropriations Act, 2008.
Department of State, Foreign PL 111-8.............. 1098
Operations and Related Programs
Appropriations Act, 2009.
Emergency Supplemental Act, 2000. PL 106-246............ 1506
Emergency Supplemental PL 109-234............ 1373
Appropriations Act for Defense,
Global War on Terror and
Hurricane Recovery, 2006.
Emergency Supplemental
Appropriations Act for Defense,
Global War on Terror and Tsunami
Relief, 2005
Humanitarian assistance code of PL 109-13 Sec 2110.... 1469
conduct.
Emergency Supplemental PL 108-106............ 1477
Appropriations Act for Defense
and Reconstruction of Iraq and
Afghanistan, 2004.
Emergency Wartime Supplemental PL 108-11............. 1493
Appropriations Act, 2003.
Foreign Assistance Act of 1961... PL 87-195............. 11
Foreign Assistance Act of 1964
Religious persecution, sense of PL 88-633 Sec 501..... 1095
Congress.
Foreign Assistance Act of 1968
Declaration of policy.......... PL 90-554 Sec 501..... 1090
Reappraisal by the President... PL 90-554 Sec 502..... 1090
Foreign Assistance Act of 1969, PL 91-175............. 1083
as amended.
Inter-American Foundation Act.. PL 91-175 Part IV..... 1084
Foreign Assistance Act of 1971... PL 92-226............. 1076
Authorization.................. PL 92-226 Sec 407..... 1077
Executive schedule............. PL 92-226 Sec 403..... 1077
Food-for-peace program......... PL 92-226 Sec 2....... 1076
PL 92-226 Sec 304..... 1076
Regular assessed costs to be PL 92-226 Sec 410..... 1077
paid to the United Nations.
Foreign Assistance Act of 1973... PL 93-189............. 1070
Foreign Assistance Act of 1974... PL 93-559............. 1064
Foreign Military Sales Act PL 91-672............. 1080
Amendments, 1971.
Foreign aid--Continued
Foreign Operations, Export
Financing and Related Programs
Appropriations Act, 1984
Syria.......................... PL 98-151 Sec 101..... 1588
Foreign Operations, Export PL 100-202............ 1583
Financing and Related Programs
Appropriations Act, 1988.
Amerasian immigration.......... PL 100-202 Sec 584.... 1586
Military sales debt reform..... PL 100-202 Title III.. 1583
Foreign Operations, Export
Financing and Related Programs
Appropriations Act, 1989
Relatively least developed PL 100-461 Sec 572.... 1581
countries.
Foreign Operations, Export PL 101-167............ 1566
Financing and Related Programs
Appropriations Act, 1990.
Foreign Operations, Export PL 101-513............ 1555
Financing and Related Programs
Appropriations Act, 1991.
El Salvador.................... PL 101-513 Sec 531.... 1555
Environment and global warming. PL 101-513 Sec 533.... 1559
Iraq Sanctions Act of 1990..... PL 101-513 Sec 586.... 1562
Property Management Fund....... PL 101-513 Sec 585.... 1562
Reports to Congress............ PL 101-513 Sec 562.... 1561
U.S. hostages in Iraq, Kuwait PL 101-513 Sec 599C... 1562
and Lebanon.
Foreign Operations, Export PL 102-391............ 1551
Financing and Related Programs
Appropriations Act, 1993.
Aid budget submission.......... PL 102-391 Sec 599E... 1554
Debt relief agreements, PL 102-391 Sec 548.... 1553
notification to Congress.
Environment programs........... PL 102-391 Sec 532.... 1551
Human rights report............ PL 102-391 Sec 511.... 1551
Foreign Operations, Export
Financing and Related Programs
Appropriations Act, 1994
Jordan debt relief............. PL 103-306 Title VI... 1549
Foreign Operations, Export PL 104-208............ 1537
Financing and Related Programs
Appropriations Act, 1997.
Burma.......................... PL 104-208 Sec 570.... 1538
Female genital mutilation...... PL 104-208 Sec 579.... 1541
North Korea, report............ PL 104-208 Sec 585.... 1543
Refugee status for children of PL 104-208 Sec 584.... 1542
Vietnamese reeducation camp
internees.
Serbia and Montenegro, PL 104-208 Sec 540.... 1537
restrictions on termination of
sanctions.
Terrorism, state sponsored, PL 104-208 Sec 589.... 1543
civil liability for.
Transparency of budgets........ PL 104-208 Sec 576.... 1540
Foreign Operations, Export PL 105-277............ 1529
Financing and Related Programs
Appropriations Act, 1999.
Definition..................... PL 105-277 Sec 607.... 1536
International Financial PL 105-277 Sec 603.... 1533
Institution Advisory
Commission.
International monetary system PL 105-277 Sec 606.... 1535
update, reports.
National Commission on PL 105-277 Sec 591.... 1530
Terrorism.
Foreign Operations, Export PL 106-113............ 1515
Financing and Related Programs
Appropriations Act, 2000.
Inter-American Foundation, PL 106-113 Sec 586.... 1520
abolition of.
Foreign aid--Continued
Foreign Operations, Export
Financing and Related Programs
Appropriations Act, 2000--
Continued
Overseas Private Investment PL 106-113 Title I.... 1516
Corporation.
United States Agency for PL 106-113 Sec 579.... 1517
International Development.
Foreign Operations, Export PL 106-429............ 1499
Financing and Related Programs
Appropriations Act, 2001.
Debt relief under the HIPC PL 106-429 Sec 801.... 1501
Initiative.
Definitions.................... PL 106-429 Sec 806.... 1504
Indochinese parolees........... PL 106-429 Sec 586.... 1499
International financial PL 106-429 Sec 803.... 1503
institutions reports.
Multilateral development banks, PL 106-429 Sec 802.... 1503
monitoring use of funds.
[Kenneth M. Ludden] Foreign
Operations, Export Financing and
Related Programs Appropriations
Act, 2002
Independent States of the PL 107-115 Title II... 1497
Former Soviet Union.
Foreign Operations, Export
Financing and Related Programs
Appropriations Act, 2004
USAID overseas program......... PL 108-9 Sec 525...... 1476
Foreign Operations, Export PL 108-447............ 1471
Financing and Related Programs
Appropriations Act, 2005.
HIV/AIDS....................... PL 108-447 Sec 525.... 1471
USAID hiring authority......... PL 108-447 Sec 528.... 1473
Vietnamese refugees............ PL 108-447 Sec 594.... 1474
Foreign Operations, Export PL 109-102............ 1380
Financing and Related Programs
Appropriations Act, 2006.
HELP Commission Act.............. PL 108-9 Sec 637...... 642
International Development and PL 94-161............. 1062
Food Assistance Act of 1975.
Chile, assistance limitation... PL 94-161 Sec 320..... 1062
Debt owed the United States.... PL 94-161 Sec 321..... 1063
Israel or Egypt................ PL 94-161 Sec 322..... 1063
International Development and PL 95-88.............. 1050
Food Assistance Act of 1977.
Minority business participation PL 95-88 Sec 133...... 1051
Sense of Congress.............. PL 95-88 Sec 131...... 1051
Vietnam, accounting of PL 95-88 Sec 132(b)... 1051
Americans missing in action.
International Development and PL 95-424............. 1039
Food Assistance Act of 1978.
International Development PL 96-53.............. 1028
Cooperation Act of 1979.
International Security and PL 98-151............. 990
Development Assistance
Authorizations Act of 1983.
International Security and PL 96-533............. 1012
Development Cooperation Act of
1980.
International Security and PL 97-113............. 994
Development Cooperation Act of
1981.
International Security and PL 99-83.............. 932
Development Cooperation Act of
1985.
International Security Assistance PL 95-92.............. 1047
Act of 1977.
International Security Assistance PL 95-384............. 1043
Act of 1978.
International Security Assistance PL 96-92.............. 1025
Act of 1979.
Foreign aid--Continued
International Security Assistance PL 94-329............. 1054
and Arms Export Control Act of
1976.
Mexican Debt Disclosure Act of PL 104-6.............. 1545
1995.
Miscellaneous appropriations, PL 106-113............ 1524
2000.
Cost of U.S. participation in PL 106-113 Sec 504(b). 1527
International Monetary Fund,
report.
Debt relief.................... PL 106-113 Sec 501.... 1524
International Monetary Fund
Enhanced Structural PL 106-113 Sec 504(c). 1527
Adjustment Facility.
Gold sales................... PL 106-113 Sec 504(d). 1528
Operational budgets.......... PL 106-113 Sec 504(a). 1527
Multilateral debt relief PL 106-113 Sec 503.... 1527
funding.
Special Foreign Assistance Act of PL 91-652............. 1078
1971, as amended.
Authorization, 1971............ PL 91-652 Sec 2....... 1078
Cambodia, prohibition.......... PL 91-652 Sec 7....... 1079
Foreign Assistance Act of 1961 PL 91-652 Sec 4....... 1079
provisions.
Pakistan, excess foreign PL 91-652 Sec 6(b).... 1079
currencies appropriation.
Republic of Korea, defense PL 91-652 Sec 3....... 1078
articles transfer.
Special Foreign Assistance Act of PL 99-529............. 926
1986.
Haiti.......................... PL 99-529 Title II.... 927
Immunization and oral PL 99-529 Title I..... 926
rehydration.
Supplemental Appropriations Act, PL 110-252............ 1228
2008.
Supplemental Appropriations Act, PL 111-32............. 1201
2009.
Valid obligations................ 31 USC................ 1590
Foreign Assistance Act of 1961..... PL 87-195............. 11
Accelerated loan repayments...... PL 87-195 Sec 127..... 89
Administrative provisions
Allocation and reimbursement PL 87-195 Sec 632..... 367
among agencies.
Annual report.................. PL 87-195 Sec 634..... 371
Coordination................... PL 87-195 Sec 640B.... 385
Detail or assignment terms..... PL 87-195 Sec 630..... 366
Exercise of functions.......... PL 87-195 Sec 621..... 358
Expenses....................... PL 87-195 Sec 637..... 383
Experts, consultants and PL 87-195 Sec 626..... 364
retired officers.
False claims................... PL 87-195 Sec 640A.... 384
Foreign policy coordination.... PL 87-195 Sec 622..... 359
Funds provision and use........ PL 87-195 Sec 636..... 375
General authorities............ PL 87-195 Sec 635..... 375
Ineligible commodities......... PL 87-195 Sec 640A.... 384
Information furnishing......... PL 87-195 Sec 633A.... 370
Missions and staffs abroad..... PL 87-195 Sec 631..... 366
Personnel detail to foreign PL 87-195 Sec 627..... 365
governments.
Personnel detail to PL 87-195 Sec 628..... 365
international organizations.
Personnel employment........... PL 87-195 Sec 625..... 361
Program change notification.... PL 87-195 Sec 634A.... 374
Reports classification......... PL 87-195 Sec 634B.... 375
Secretary of Defense PL 87-195 Sec 623..... 360
responsibilities.
Shipping differential.......... PL 87-195 Sec 640C.... 387
Status of detailed personnel... PL 87-195 Sec 629..... 365
Statutory officers............. PL 87-195 Sec 624..... 360
Strengthened management PL 87-195 Sec 621A.... 359
practices.
Waivers of laws................ PL 87-195 Sec 633..... 370
Advance acquisition of property.. PL 87-195 Sec 608..... 316
Africa
Regional development........... PL 87-195 Sec 206..... 104
African Development Fund
Authorization.................. PL 87-195 Sec 497..... 236
Foreign Assistance Act of 1961--
Continued
African Development Fund--
Continued
Sub-Saharan Africa long-term PL 87-195 Sec 496..... 231
development assistance.
Agricultural credit programs
General provisions............. PL 87-195 Sec 223..... 112
Sense of Congress.............. PL 87-195 Sec 222A.... 110
Agriculture programs............. PL 87-195 Sec 103..... 29
PL 87-195 Sec 103A.... 32
Allocation change................ PL 87-195 Sec 653..... 393
American Schools and Hospitals PL 87-195 Sec 214..... 106
Abroad Program.
Antiterrorism assistance
Administrative authorities..... PL 87-195 Sec 575..... 304
Authorization, 2001-2003....... PL 87-195 Sec 574..... 303
General authority.............. PL 87-195 Sec 571..... 301
Limitations.................... PL 87-195 Sec 573..... 301
Purposes....................... PL 87-195 Sec 572..... 301
Assistance prohibitions.......... PL 87-195 Sec 620..... 328
Central America Democracy, Peace
and Development Initiative
Authorization, 1988 and 1989... PL 87-195 Sec 465..... 194
Conditions on furnishing PL 87-195 Sec 462..... 192
assistance.
Definitions.................... PL 87-195 Sec 466..... 194
Economic assistance PL 87-195 Sec 464..... 192
coordination.
Peace process.................. PL 87-195 Sec 463..... 192
Policy statement............... PL 87-195 Sec 461..... 191
Completion of plans and cost PL 87-195 Sec 611..... 320
estimates.
Construction..................... PL 87-195 Sec 646..... 391
Contingencies.................... PL 87-195 Sec 451..... 190
Contract authority............... PL 87-195 Sec 615..... 325
Cooperatives
Development and use............ PL 87-195 Sec 111..... 68
Overseas development........... PL 87-195 Sec 123..... 85
Cost-sharing..................... PL 87-195 Sec 110..... 68
Countries aiding terrorist PL 87-195 Sec 620G.... 350
states, prohibition on
assistance to.
Countries providing military PL 87-195 Sec 620H.... 351
equipment to terrorist states,
prohibition on assistance to.
Debt-for-nature exchanges
Commercial debt exchanges...... PL 87-195 Sec 462..... 195
Definition..................... PL 87-195 Sec 461..... 194
Eligible countries............. PL 87-195 Sec 464..... 196
Eligible projects.............. PL 87-195 Sec 463..... 195
Sub-Saharan Africa pilot PL 87-195 Sec 466..... 197
program.
Terms and conditions........... PL 87-195 Sec 465..... 196
Defense articles and services PL 87-195 Sec 502..... 256
utilization.
Definitions...................... PL 87-195 Sec 644..... 388
Democratic institutions PL 87-195 Sec 281..... 167
utilization in development.
Dependable fuel supply........... PL 87-195 Sec 647..... 392
Depleted uranium ammunition...... PL 87-195 Sec 620J.... 352
Desalting plant prototype........ PL 87-195 Sec 219..... 107
Development activities........... PL 87-195 Sec 106..... 63
Development assistance policy
Findings....................... PL 87-195 Sec 102(a).. 17
Funds availability............. PL 87-195 Sec 102(c).. 23
Principles..................... PL 87-195 Sec 102(b).. 17
Reprogramming notification PL 87-195 Sec 102(c).. 23
requirements.
Special authorities............ PL 87-195 Sec 102(c).. 25
Transfer authorities........... PL 87-195 Sec 102(c).. 22
Disadvantaged children in Asia... PL 87-195 Sec 241..... 155
Disaster assistance
Africa......................... PL 87-195 Sec 495F.... 226
African famine................. PL 87-195 Sec 495K.... 229
Authorization.................. PL 87-195 Sec 492..... 222
Foreign Assistance Act of 1961--
Continued
Disaster assistance--Continued
Cambodia....................... PL 87-195 Sec 495H.... 227
Caribbean hurricane relief..... PL 87-195 Sec 495G.... 227
Central American displaced PL 87-195 Sec 495I.... 228
persons.
Coordination................... PL 87-195 Sec 493..... 223
Cyprus......................... PL 87-195 Sec 495..... 224
General authority.............. PL 87-195 Sec 491..... 222
Italy.......................... PL 87-195 Sec 495B.... 224
Lebanon........................ PL 87-195 Sec 495C.... 225
PL 87-195 Sec 495J.... 229
Nicaragua...................... PL 87-195 Sec 494..... 223
Pakistan....................... PL 87-195 Sec 494..... 223
Policy......................... PL 87-195 Sec 491..... 222
Romania........................ PL 87-195 Sec 495D.... 225
Turkey......................... PL 87-195 Sec 495E.... 226
Discrimination against U.S. PL 87-195 Sec 666..... 404
personnel.
Disease prevention............... PL 87-195 Sec 104..... 32
Eastern Mediterranean region..... PL 87-195 Sec 620C.... 342
Economic Support Fund............ PL 87-195............. 286
Administration of justice...... PL 87-195 Sec 534..... 290
Authority...................... PL 87-195 Sec 531..... 287
Authorization, 1987............ PL 87-195 Sec 532..... 288
Emergency assistance........... PL 87-195 Sec 533..... 290
Education programs
Assistance use................. PL 87-195 Sec 105(b).. 62
Authorization, 1986 and 1987... PL 87-195 Sec 105(a).. 61
Effective date................... PL 87-195 Sec 641..... 387
Encouragement of free enterprise PL 87-195 Sec 601..... 307
and private participation.
Endangered species............... PL 87-195 Sec 119..... 81
Energy programs.................. PL 87-195 Sec 106..... 63
Enterprise for the Americas
Initiative
Benefits eligibility........... PL 87-195 Sec 703..... 409
Board.......................... PL 87-195 Sec 709..... 414
Debt reduction................. PL 87-195 Sec 704..... 410
Definitions.................... PL 87-195 Sec 702..... 409
Framework agreements........... PL 87-195 Sec 708..... 412
Funds.......................... PL 87-195 Sec 707..... 411
Interest on new obligations.... PL 87-195 Sec 706..... 411
Principal repayment............ PL 87-195 Sec 705..... 411
Purpose........................ PL 87-195 Sec 701..... 408
Reports to Congress............ PL 87-195 Sec 710..... 414
Environment and natural resources PL 87-195 Sec 117..... 76
Famine prevention and freedom
from hunger
Annual report.................. PL 87-195 Sec 300..... 178
Authority...................... PL 87-195 Sec 297..... 173
Authorization.................. PL 87-195 Sec 299..... 178
Board for International Food PL 87-195 Sec 298..... 176
and Agricultural Development.
Findings....................... PL 87-195 Sec 296..... 168
Foreign currencies use........... PL 87-195 Sec 612..... 321
PL 87-195 Sec 613..... 323
PL 87-195 Sec 648..... 392
Foreign military sales PL 87-195 Sec 524..... 285
reimbursements.
Foreign military training report. PL 87-195 Sec 656..... 396
Funding limits................... PL 87-195 Sec 110..... 68
Funds availability............... PL 87-195 Sec 616..... 326
Funds transfer................... PL 87-195 Sec 109..... 67
General authorities.............. PL 87-195 Sec 122..... 84
General policy................... PL 87-195 Sec 101..... 15
Good governance programs......... PL 87-195 Sec 133..... 96
Governments supporting PL 87-195 Sec 620A.... 340
international terrorism,
prohibition.
Health programs.................. PL 87-195 Sec 104..... 32
HIV/AIDS assistance
Activities supported........... PL 87-195 Sec 104A(d). 44
Foreign Assistance Act of 1961--
Continued
HIV/AIDS assistance--Continued
Annual report.................. PL 87-195 Sec 104A(f). 54
Authorization.................. PL 87-195 Sec 104A(c). 43
Compacts and framework PL 87-195 Sec 104A(e). 51
agreements.
Findings....................... PL 87-195 Sec 104A(a). 40
Funding limitation............. PL 87-195 Sec 104A(g). 57
Policy......................... PL 87-195 Sec 104A(b). 41
Housing guaranties
Authorization.................. PL 87-195 Sec 222..... 108
Findings....................... PL 87-195 Sec 221..... 108
Human resources development
Authorization, 1986 and 1987... PL 87-195 Sec 105..... 61
Human rights..................... PL 87-195 Sec 116..... 70
PL 87-195 Sec 502B.... 257
Illicit narcotics production PL 87-195 Sec 126..... 89
control.
Independent States of the Former
Soviet Union, economic and
democratic development
Assistance.....................
Activities................... PL 87-195 Sec 498..... 238
Authorities.................. PL 87-195 Sec 498B.... 245
Criteria..................... PL 87-195 Sec 498A.... 241
Authorization.................. PL 87-195 Sec 498C.... 248
International Military Education
and Training
Authorization.................. PL 87-195 Sec 542..... 293
Consultation requirement....... PL 87-195 Sec 547..... 296
Exchange training.............. PL 87-195 Sec 544..... 294
General authority.............. PL 87-195 Sec 541..... 292
Human rights report............ PL 87-195 Sec 549..... 297
Maritime skills training....... PL 87-195 Sec 545..... 295
Prohibition on assistance for PL 87-195 Sec 546..... 296
high income countries.
Purposes....................... PL 87-195 Sec 543..... 294
Records requirements........... PL 87-195 Sec 548..... 296
International organizations and
programs
Authority...................... PL 87-195 Sec 301..... 179
Authorization.................. PL 87-195 Sec 302..... 181
Authorization, 1986 and 1987... PL 87-195 Sec 302(a).. 181
Contribution restrictions...... PL 87-195 Sec 302(c).. 183
Drug abuse programs............ PL 87-195 Sec 302(j).. 184
Indus Basin Development........ PL 87-195 Sec 302(b).. 183
PL 87-195 Sec 303..... 185
Integration of women........... PL 87-195 Sec 305..... 186
International Atomic Energy PL 87-195 Sec 302(i).. 184
Agency.
Reports to Congress............ PL 87-195 Sec 306..... 186
Tuberculosis vaccine PL 87-195 Sec 302(d).. 183
development programs.
Vaccine Fund................... PL 87-195 Sec 302(k).. 184
Withholding of U.S. PL 87-195 Sec 307..... 186
proportionate share.
Israel air base construction
Authorization.................. PL 87-195 Sec 562..... 300
General authority.............. PL 87-195 Sec 561..... 299
Utilization of funds........... PL 87-195 Sec 562..... 300
Israel loan guarantees........... PL 87-195 Sec 226..... 118
Malaria assistance............... PL 87-195 Sec 104C.... 61
Microenterprise development
assistance
Authorities.................... PL 87-195 Sec 255..... 159
Authorization.................. PL 87-195 Sec 252(a).. 156
Credits........................ PL 87-195 Sec 256..... 159
Definitions.................... PL 87-195 Sec 259..... 165
Findings and policy............ PL 87-195 Sec 251..... 155
Grants......................... PL 87-195 Sec 251..... 155
Foreign Assistance Act of 1961--
Continued
Microenterprise development
assistance--Continued
Grants--Continued
PL 87-195 Sec 252..... 156
PL 87-195 Sec 253..... 158
PL 87-195 Sec 254..... 158
PL 87-195 Sec 255..... 159
Implementation................. PL 87-195 Sec 252(b).. 157
Monitoring system.............. PL 87-195 Sec 253..... 158
Poverty measurement methods.... PL 87-195 Sec 254..... 158
Report......................... PL 87-195 Sec 258..... 164
Targeted assistance............ PL 87-195 Sec 252(c).. 157
United States Microfinance Loan PL 87-195 Sec 257..... 162
Facility.
Military assistance
Authorization.................. PL 87-195 Sec 504..... 266
Conditions of eligibility...... PL 87-195 Sec 505..... 266
Considerations................. PL 87-195 Sec 511..... 275
Designation of major non-NATO PL 87-195 Sec 517..... 284
allies.
Excess defense articles PL 87-195 Sec 516..... 280
transfer authority.
General authority.............. PL 87-195 Sec 503..... 264
Overseas management of PL 87-195 Sec 515..... 279
assistance and sales programs.
Report......................... PL 87-195 Sec 655..... 394
Special authority.............. PL 87-195 Sec 506..... 271
Stockpiling defense articles... PL 87-195 Sec 514..... 276
Multilateral programs............ PL 87-195 Sec 209..... 104
Narcotics control
Aircraft requirements.......... PL 87-195 Sec 484..... 206
Aircraft use records........... PL 87-195 Sec 485..... 208
Annual certification procedures PL 87-195 Sec 490..... 215
Authorization, 1993 and 1994... PL 87-195 Sec 482..... 203
Coordination of U.S. assistance PL 87-195 Sec 481(b).. 199
Definitions.................... PL 87-195 Sec 481(e).. 201
Drug crop eradication PL 87-195 Sec 483..... 206
assistance prohibition.
Drug traffickers assistance PL 87-195 Sec 487..... 209
prohibition.
Facilities construction PL 87-195 Sec 488(b).. 210
limitations.
Foreign police actions PL 87-195 Sec 481(c).. 199
participation.
Herbicides used for aerial PL 87-195 Sec 481(d).. 200
eradication.
Policy......................... PL 87-195 Sec 481(a).. 197
Real property acquisition PL 87-195 Sec 488(a).. 209
limitations.
Reallocation of withheld funds. PL 87-195 Sec 486..... 208
Reporting requirements......... PL 87-195 Sec 489..... 210
Nonproliferation and export
control assistance
Authorization, 2003............ PL 87-195 Sec 586..... 307
Authorization of assistance.... PL 87-195 Sec 582..... 304
Limitations.................... PL 87-195 Sec 585..... 306
Purposes....................... PL 87-195 Sec 581..... 304
Training....................... PL 87-195 Sec 584..... 306
Transit interdiction........... PL 87-195 Sec 583..... 305
Nutrition programs............... PL 87-195 Sec 103..... 29
Operating expenses............... PL 87-195 Sec 667..... 404
Orphans and vulnerable children PL 87-195 Sec 135..... 99
assistance.
Overseas Private Investment
Corporation
Board of Directors............. PL 87-195 Sec 233(b).. 127
Capital........................ PL 87-195 Sec 232..... 127
Creation, purpose and policy... PL 87-195 Sec 231..... 122
Definitions.................... PL 87-195 Sec 238..... 146
Direct investment.............. PL 87-195 Sec 234(c).. 132
Foreign Assistance Act of 1961--
Continued
Overseas Private Investment
Corporation--Continued
Direct investment--Continued
PL 87-195 Sec 235..... 138
Enhancing private political PL 87-195 Sec 234A.... 136
risk insurance industry.
Environmental impact........... PL 87-195 Sec 231A(b). 126
Financing program.............. PL 87-195 Sec 237..... 142
Funds transfer................. PL 87-195 Sec 235..... 139
General provisions............. PL 87-195 Sec 239..... 147
Global financial crisis PL 87-195 Sec 235..... 139
assistance.
Income and revenues............ PL 87-195 Sec 236..... 141
Insurance functions............ PL 87-195 Sec 234(f).. 133
Insurance guaranty............. PL 87-195 Sec 237..... 142
Investment Advisory Council.... PL 87-195 Sec 233(e).. 129
Investment encouragement....... PL 87-195 Sec 234(d).. 132
Investment guaranties.......... PL 87-195 Sec 234(b).. 131
Investment insurance........... PL 87-195 Sec 234(a).. 129
Issuing authority.............. PL 87-195 Sec 235..... 138
Local currency guaranties...... PL 87-195 Sec 234(h).. 136
Noncompetitive awarding of PL 87-195 Sec 240B.... 154
insurance contracts on
supported exports, prohibition.
Noncredit account.............. PL 87-195 Sec 235..... 139
Officers and staff............. PL 87-195 Sec 233(d).. 128
Organization and management.... PL 87-195 Sec 233..... 127
Pilot Equity Finance Program... PL 87-195 Sec 234(g).. 134
Powers......................... PL 87-195 Sec 239..... 147
President...................... PL 87-195 Sec 233(c).. 128
Program account................ PL 87-195 Sec 235..... 139
Public hearings................ PL 87-195 Sec 231A(c). 126
Reports to Congress............ PL 87-195 Sec 240A.... 152
Reserves....................... PL 87-195 Sec 235..... 138
Small business development..... PL 87-195 Sec 240..... 151
Special activities............. PL 87-195 Sec 234(e).. 133
Structure...................... PL 87-195 Sec 233(a).. 127
Worker rights.................. PL 87-195 Sec 231A(a). 125
Pakistan......................... PL 87-195 Sec 620E.... 345
Palestinian Authority limitation. PL 87-195 Sec 620K.... 353
Patents.......................... PL 87-195 Sec 606..... 314
Peacekeeping operations
Administrative authorities..... PL 87-195 Sec 553..... 299
Authorization, 1986 and 1987... PL 87-195 Sec 552..... 297
General authority.............. PL 87-195 Sec 551..... 297
U.N. cost data................. PL 87-195 Sec 554..... 299
Police training prohibition...... PL 87-195 Sec 660..... 397
Policy statement................. PL 87-195 Sec 501..... 255
Population planning.............. PL 87-195 Sec 104..... 32
Presidential findings and PL 87-195 Sec 654..... 394
determinations.
Private and voluntary PL 87-195 Sec 106..... 63
organizations.
PL 87-195 Sec 123..... 85
Procurement...................... PL 87-195 Sec 604..... 311
Productive credit programs
General provisions............. PL 87-195 Sec 223..... 112
Sense of Congress.............. PL 87-195 Sec 222A.... 110
Project and program evaluation... PL 87-195 Sec 125..... 88
Regional programs................ PL 87-195 Sec 206..... 104
PL 87-195 Sec 209..... 104
Relatively least developed PL 87-195 Sec 124..... 87
countries.
Retention and use of items and PL 87-195 Sec 605..... 313
funds.
Rural development................ PL 87-195 Sec 103..... 29
Sahel Development Program........ PL 87-195 Sec 120..... 83
Sanitation....................... PL 87-195 Sec 135..... 103
Saving provisions................ PL 87-195 Sec 643..... 388
Security forces limitation....... PL 87-195 Sec 620J.... 357
Foreign Assistance Act of 1961--
Continued
Self-help community development
programs
General provisions............. PL 87-195 Sec 223..... 112
Sense of Congress.............. PL 87-195 Sec 222A.... 110
Services and commodities......... PL 87-195 Sec 607..... 314
Shipping on U.S. vessels......... PL 87-195 Sec 603..... 311
Small businesses................. PL 87-195 Sec 602..... 310
South Asia nuclear non- PL 87-195 Sec 620F.... 349
proliferation policy.
South Caucasus and Central Asia
Administrative authorities..... PL 87-195 Sec 499E.... 254
Border control assistance...... PL 87-195 Sec 499C.... 253
Definitions.................... PL 87-195 Sec 499F.... 255
Economic assistance............ PL 87-195 Sec 499A.... 252
Infrastructure development..... PL 87-195 Sec 499B.... 253
Reconciliation and recovery PL 87-195 Sec 499..... 252
from regional conflicts.
Strengthening democracy, PL 87-195 Sec 499D.... 254
tolerance and civil society
development.
Special authorities.............. PL 87-195 Sec 614..... 324
PL 87-195 Sec 652..... 392
Strategic raw materials exchange. PL 87-195 Sec 663..... 403
Targeted assistance.............. PL 87-195 Sec 128..... 90
Technical assistance............. PL 87-195 Sec 129..... 90
Technical information............ PL 87-195 Sec 606..... 314
Technology appropriateness....... PL 87-195 Sec 107..... 66
Termination expenses............. PL 87-195 Sec 617..... 326
Torture victims.................. PL 87-195 Sec 130..... 95
Trade and Development Agency..... PL 87-195 Sec 661..... 400
Trade credit insurance programs
Central America................ PL 87-195 Sec 224..... 115
Poland......................... PL 87-195 Sec 225..... 116
Trafficking in persons........... PL 87-195 Sec 134..... 98
Transfer between accounts........ PL 87-195 Sec 610..... 318
Tropical Forest Conservation Act. PL 87-195............. 415
Agreement...................... PL 87-195 Sec 809..... 423
Benefits eligibility........... PL 87-195 Sec 805..... 418
Board.......................... PL 87-195 Sec 811..... 425
Consultations with the Congress PL 87-195 Sec 812..... 426
Debt-for-nature swaps and debt PL 87-195 Sec 808..... 421
buybacks.
Debt reduction................. PL 87-195 Sec 806..... 419
PL 87-195 Sec 807..... 420
Definitions.................... PL 87-195 Sec 803..... 417
Facility establishment......... PL 87-195 Sec 804..... 418
Findings and purposes.......... PL 87-195 Sec 802..... 416
Fund........................... PL 87-195 Sec 810..... 425
Reports to Congress............ PL 87-195 Sec 813..... 426
Tropical forests................. PL 87-195 Sec 118..... 77
Tuberculosis assistance
Annual report.................. PL 87-195 Sec 104B(g). 59
Authorization.................. PL 87-195 Sec 104B(c). 58
Coordination................... PL 87-195 Sec 104B(d). 58
Definitions.................... PL 87-195 Sec 104B(h). 60
Findings....................... PL 87-195 Sec 104B(a). 57
Policy......................... PL 87-195 Sec 104B(b). 58
TB Strategy.................... PL 87-195 Sec 104B(e). 58
World Health Organization and PL 87-195 Sec 104B(f). 59
Stop Tuberculosis Partnership.
Unexpended balances.............. PL 87-195 Sec 645..... 391
U.S. Armed Forces use............ PL 87-195 Sec 650..... 392
Water supply..................... PL 87-195 Sec 135..... 103
West Bank and Gaza limitation.... PL 87-195 Sec 620L.... 355
Women's integration into national PL 87-195 Sec 113..... 69
economies.
Foreign Assistance Act of 1964
Religious persecution, sense of PL 88-633 Sec 501..... 1095
Congress.
Foreign Assistance Act of 1968
Declaration of policy............ PL 90-554 Sec 501..... 1090
Reappraisal by the President..... PL 90-554 Sec 502..... 1090
Foreign Assistance Act of 1969, as PL 91-175............. 1083
amended
Inter-American Foundation
Authorities.................... PL 91-175 Sec 401(e).. 1085
Authorization, 1970 and 1971... PL 91-175 Sec 401(s).. 1088
Board of Directors............. PL 91-175 Sec 401(g).. 1086
PL 91-175 Sec 401(h).. 1086
PL 91-175 Sec 401(i).. 1087
PL 91-175 Sec 401(j).. 1087
Committee appointments......... PL 91-175 Sec 401(k).. 1087
Coordination of activities..... PL 91-175 Sec 401(d).. 1085
Council........................ PL 91-175 Sec 401(m).. 1087
Creation....................... PL 91-175 Sec 401(a).. 1084
Execution of programs and PL 91-175 Sec 401(c).. 1085
activities.
Government Corporation Control PL 91-175 Sec 401(t).. 1088
Act provisions.
Investment of funds............ PL 91-175 Sec 401(u).. 1089
Nonprofit status............... PL 91-175 Sec 401(n).. 1087
Office locations............... PL 91-175 Sec 401(q).. 1088
Officers and employees, PL 91-175 Sec 401(o).. 1087
positions with governments of
foreign countries.
President, appointment of...... PL 91-175 Sec 401(l).. 1087
Purpose........................ PL 91-175 Sec 401(b).. 1084
Secretary of State authority... PL 91-175 Sec 401(p).. 1088
Tax exemption.................. PL 91-175 Sec 401(r).. 1088
Termination.................... PL 91-175 Sec 401(f).. 1086
Use of funds................... PL 91-175 Sec 401(v).. 1089
PL 91-175 Sec 401(w).. 1089
Foreign Assistance Act of 1971..... PL 92-226............. 1076
Authorization.................... PL 92-226 Sec 407..... 1077
Executive Schedule............... PL 92-226 Sec 403..... 1077
Food-for-peace program........... PL 92-226 Sec 2....... 1076
PL 92-226 Sec 304..... 1076
Regular assessed costs to be paid PL 92-226 Sec 410..... 1077
to the United Nations.
Foreign Assistance Act of 1973..... PL 93-189............. 1070
Albert Schweitzer Hospital, PL 93-189 Sec 33...... 1071
authorization, 1974.
Asian Development Bank, PL 93-189 Sec 28...... 1070
authorization, 1972 and 1973.
Chile, human rights.............. PL 93-189 Sec 35...... 1072
Funds use limitation............. PL 93-189 Sec 31...... 1070
Indochina war prohibition........ PL 93-189 Sec 30...... 1070
Local currencies use............. PL 93-189 Sec 40...... 1074
Political prisoners, sense of PL 93-189 Sec 32...... 1071
Congress.
Prisoners of war and missing in PL 93-189 Sec 34...... 1071
action.
Social Progress Trust Fund PL 93-189 Sec 36...... 1072
Agreement revision.
World food shortages, sense of PL 93-189 Sec 39...... 1074
Congress.
Foreign Assistance Act of 1974..... PL 93-559............. 1064
Angola, Mozambique and Guinea- PL 93-559 Sec 50...... 1066
Bissau independence policy.
Arms trade....................... PL 93-559 Sec 51...... 1067
Cyprus, authorization, 1975...... PL 93-559 Sec 28...... 1065
Food shortages, policy toward PL 93-559 Sec 55...... 1068
countries most seriously
affected.
Gorgas Memorial Institute........ PL 93-559 Sec 47...... 1065
International Commission of PL 93-559 Sec 48...... 1065
Control and Supervision in
Vietnam.
Puerto Rico, involvement in the PL 93-559 Sec 52...... 1067
Caribbean Development Bank.
Repayment of loans in default.... PL 93-559 Sec 56...... 1069
Foreign currencies
Accounting, valuation, reporting PL 87-195 Sec 613..... 323
and administration.
Foreign currencies--Continued
Foreign assistance and........... PL 87-195 Sec 612..... 321
Special authorization for use.... PL 87-195 Sec 648..... 392
Foreign governments
Good governance.................. PL 87-195 Sec 133..... 96
Technical assistance............. PL 87-195 Sec 129(h).. 94
Foreign military sales. See also
Arms Export Control Act
Depleted uranium ammunition...... PL 87-195 Sec 620J.... 352
Egypt............................ PL 99-83 Sec 101(d)... 933
El Salvador, restrictions........ PL 97-113 Sec 728..... 1007
Foreign Military Sales Act PL 91-672............. 1080
Amendments, 1971, as amended.
Definitions.................... PL 91-672 Sec 11...... 1082
Funding prohibitions........... PL 91-672 Sec 10...... 1081
Joint resolution............... PL 91-672 Sec 12...... 1082
Okinawa, funding prohibition... PL 91-672 Sec 13...... 1082
Report of major weapons systems PL 91-672 Sec 8(d).... 1081
not included in previously
submitted materials.
Review of programs, sense of PL 91-672 Sec 6....... 1080
Congress.
Soviet Union, limitation on PL 91-672 Sec 5....... 1080
arms shipments to the Middle
East.
Greece........................... PL 99-83 Sec 101(e)... 933
Guatemala........................ PL 99-83 Sec 703(a)... 955
International Security Assistance
and Arms Export Control Act of
1976
Arms sales..................... PL 94-329 Sec 201(b).. 1055
Israel........................... PL 95-92 Sec 26....... 1049
PL 99-83 Sec 101(c)... 933
Jordan........................... PL 99-83 Sec 130...... 935
Loan guarantees for Turkey, PL 96-92 Sec 17....... 1025
Greece and Sudan.
Loans to Egypt, the Sudan, Greece PL 96-533 Sec 106(d).. 1013
and Turkey.
Non-lethal items controls review. PL 95-92 Sec 27....... 1049
Prohibitions..................... PL 87-195 Sec 620(x).. 338
Reimbursements................... PL 87-195 Sec 524..... 285
Saudi Arabia, certification of PL 99-83 Sec 131...... 936
AWACS.
Special Defense Acquisition Fund. PL 97-113 Sec 108(b).. 994
Strategic raw materials exchange. PL 87-195 Sec 663..... 403
Thailand
Ammunition sales............... PL 96-92 Sec 24....... 1026
Turkey........................... PL 99-83 Sec 101(f)... 934
Foreign Military Sales Act PL 91-672............. 1080
Amendments, 1971.
Definitions...................... PL 91-672 Sec 11...... 1082
Funding prohibitions............. PL 91-672 Sec 10...... 1081
Joint resolution................. PL 91-672 Sec 12...... 1082
Okinawa, funding prohibition..... PL 91-672 Sec 13...... 1082
Report of major weapons systems PL 91-672 Sec 8(d).... 1081
not included in previously
submitted materials.
Review of programs, sense of PL 91-672 Sec 6....... 1080
Congress.
Soviet Union, limitation on arms PL 91-672 Sec 5....... 1080
shipments to the Middle East.
Foreign missions
Protection of
Appropriations, 2008........... PL 110-161 Title I.... 1249
Appropriations, 2009........... PL 111-8 Title I...... 1102
Foreign Operations, Export
Financing and Related Programs
Appropriations Act, 1984
Syria............................ PL 98-151 Sec 101..... 1588
Foreign Operations, Export PL 100-202............ 1583
Financing and Related Programs
Appropriations Act, 1988.
Foreign Operations, Export
Financing and Related Programs
Appropriations Act, 1988--
Continued
Amerasian immigration............ PL 100-202 Sec 584.... 1586
Military sales debt reform....... PL 100-202 Title III.. 1583
Foreign Operations, Export
Financing and Related Programs
Appropriations Act, 1989
Relatively least developed PL 100-461 Sec 572.... 1581
countries.
Foreign Operations, Export PL 101-167............ 1566
Financing and Related Programs
Appropriations Act, 1990.
Bahrain, Stingers transfer....... PL 101-167 Sec 581.... 1574
Global warming initiative........ PL 101-167 Sec 534.... 1568
Modernization of military PL 101-167 Sec 573.... 1572
capabilities.
Narcotics control program........ PL 101-167 Sec 569.... 1571
Refugee determinations, PL 101-167 Sec 599D... 1575
establishing categories of
aliens.
Soviet and Indochinese parolees, PL 101-167 Sec 599E... 1579
adjustment of status.
U.N. voting record............... PL 101-167 Sec 527.... 1567
Foreign Operations, Export PL 101-513............ 1555
Financing and Related Programs
Appropriations Act, 1991.
El Salvador...................... PL 101-513 Sec 531.... 1555
Environment and global warming... PL 101-513 Sec 533.... 1559
Iraq Sanctions Act of 1990....... PL 101-513 Sec 586.... 1562
Property Management Fund......... PL 101-513 Sec 585.... 1562
Reports to Congress.............. PL 101-513 Sec 562.... 1561
U.S. hostages in Iraq, Kuwait and PL 101-513 Sec 599C... 1562
Lebanon.
Foreign Operations, Export PL 102-391............ 1551
Financing and Related Programs
Appropriations Act, 1993.
Aid budget submission............ PL 102-391 Sec 599E... 1554
Debt relief agreements, PL 102-391 Sec 548.... 1553
notification to Congress.
Environment programs............. PL 102-391 Sec 532.... 1551
Human rights report.............. PL 102-391 Sec 511.... 1551
Foreign Operations, Export
Financing and Related Programs
Appropriations Act, 1994
Jordan debt relief............... PL 103-306 Title VI... 1549
Foreign Operations, Export PL 104-208............ 1537
Financing and Related Programs
Appropriations Act, 1997.
Burma............................ PL 104-208 Sec 570.... 1538
Female genital mutilation........ PL 104-208 Sec 579.... 1541
North Korea, report.............. PL 104-208 Sec 585.... 1543
Refugee status for adult children PL 104-208 Sec 584.... 1542
of Vietnamese reeducation camp
internees.
Serbia and Montenegro, PL 104-208 Sec 540.... 1537
restrictions on termination of
sanctions.
Terrorism, state sponsored, civil PL 104-208 Sec 589.... 1543
liability for.
Transparency of budgets.......... PL 104-208 Sec 576.... 1540
Foreign Operations, Export PL 105-277............ 1529
Financing and Related Programs
Appropriations Act, 1999.
Definition....................... PL 105-277 Sec 607.... 1536
International Financial PL 105-277 Sec 603.... 1533
Institution Advisory Commission.
International monetary system PL 105-277 Sec 606.... 1535
update, reports.
National Commission on Terrorism. PL 105-277 Sec 591.... 1530
Foreign Operations, Export PL 106-113............ 1515
Financing and Related Programs
Appropriations Act, 2000.
Foreign Operations, Export
Financing and Related Programs
Appropriations Act, 2000--
Continued
Inter-American Foundation, PL 106-113 Sec 586.... 1520
abolition of.
Overseas Private Investment PL 106-113 Title I.... 1516
Corporation.
United States Agency for PL 106-113 Sec 579.... 1517
International Development.
Foreign Operations, Export PL 106-429............ 1499
Financing and Related Programs
Appropriations Act, 2001.
Debt relief under the HIPC PL 106-429 Sec 801.... 1501
Initiative.
Definitions...................... PL 106-429 Sec 806.... 1504
Indochinese parolees............. PL 106-429 Sec 586.... 1499
International financial PL 106-429 Sec 803.... 1503
institutions reports.
Multilateral development banks, PL 106-429 Sec 802.... 1503
monitoring use of funds.
[Kenneth M. Ludden] Foreign
Operations, Export Financing and
Related Programs Appropriations
Act, 2002
Independent States of the Former PL 107-115 Title II... 1497
Soviet Union.
Foreign Operations, Export
Financing and Related Programs
Appropriations Act, 2004
United States Agency for PL 108-9 Sec 525...... 1476
International Development
overseas program.
Foreign Operations, Export PL 108-447............ 1471
Financing and Related Programs
Appropriations Act, 2005.
HIV/AIDS......................... PL 108-447 Sec 525.... 1471
United States Agency for PL 108-447 Sec 528.... 1473
International Development hiring
authority.
Vietnamese refugees.............. PL 108-447 Sec 594.... 1474
Foreign Operations, Export PL 109-102............ 1380
Financing and Related Programs
Appropriations Act, 2006.
Abortions and involuntary PL 109-102 Sec 518.... 1418
sterilization funding
prohibition.
Advisor for Indigenous Peoples PL 109-102 Sec 595.... 1463
Issues.
Afghanistan...................... PL 109-102 Sec 523.... 1420
Africa, war crimes in............ PL 109-102 Sec 590.... 1460
African Development Bank......... PL 109-102 Title II... 1408
African Development Foundation... PL 109-102 Sec 532.... 1425
PL 109-102 Title II... 1396
African Development Fund......... PL 109-102 Title II... 1408
Andean counterdrug initiative.... PL 109-102 Title II... 1399
Anti-terrorism................... PL 109-102 Title II... 1402
Anticorruption provisions........ PL 109-102 Sec 599D... 1465
Arab League boycott of Israel, PL 109-102 Sec 535.... 1430
sense of Congress.
Asia, security in................ PL 109-102 Sec 591.... 1461
Asian Development Fund........... PL 109-102 Title II... 1408
Assistance eligibility........... PL 109-102 Sec 536.... 1431
Authorization requirements....... PL 109-102 Sec 553.... 1439
Basic education.................. PL 109-102 Sec 567.... 1450
Burma............................ PL 109-102 Sec 526.... 1422
Callable capital subscriptions PL 109-102 Title II... 1407
limitation.
...................... 1408
Cambodia......................... PL 109-102 Sec 554.... 1439
Capital Investment Fund.......... PL 109-102 Title II... 1390
Ceilings and earmarks............ PL 109-102 Sec 538.... 1432
Central America.................. PL 109-102 Sec 576.... 1453
Central Asia..................... PL 109-102 Sec 587.... 1458
Foreign Operations, Export
Financing and Related Programs
Appropriations Act, 2006--
Continued
Child Survival and Health PL 109-102 Sec 522.... 1420
Programs Fund
PL 109-102 Title II... 1383
Colombia......................... PL 109-102 Sec 556.... 1441
PL 109-102 Sec 599E... 1466
Commerce and trade............... PL 109-102 Sec 513.... 1415
Commercial leasing of defense PL 109-102 Sec 510.... 1413
articles.
Community-based police assistance PL 109-102 Sec 564.... 1447
Compensation for U.S. Executive PL 109-102 Sec 501.... 1409
Directors of financial
institutions.
Copyrighted materials, combatting PL 109-102 Sec 597.... 1464
piracy of.
Debt buybacks and sales authority PL 109-102 Sec 566.... 1449
Debt-for-development............. PL 109-102 Sec 528.... 1423
Debt relief for the poorest...... PL 109-102 Sec 565.... 1447
Debt restructuring............... PL 109-102 Title II... 1403
Default limitation on assistance PL 109-102 Sec 512.... 1414
to countries.
Definitions...................... PL 109-102 Sec 521.... 1419
Demining......................... PL 109-102 Title II... 1402
Democracy Fund................... PL 109-102 Title II... 1397
Development assistance........... PL 109-102 Title II... 1386
Development Credit Authority..... PL 109-102 Title II... 1387
Direct funding for certain PL 109-102 Sec 507.... 1412
countries, prohibition against.
Disability programs.............. PL 109-102 Sec 588.... 1459
Disaster and famine assistance... PL 109-102 Title II... 1387
Eastern Europe and the Baltic PL 109-102 Title II... 1393
States.
Economic assistance.............. PL 109-102 Title II... 1383
Economic Support Fund............ PL 109-102 Title II... 1390
Economic Support Fund limitation PL 109-102 Sec 574.... 1452
for International Criminal Court.
Enterprise for the Americas PL 109-102 Title II... 1408
Multilateral Investment Fund.
Enterprise Fund restrictions..... PL 109-102 Sec 530.... 1425
Environment programs............. PL 109-102 Sec 585.... 1456
European Bank for Reconstruction PL 109-102 Title II... 1408
and Development.
Excess defense articles for PL 109-102 Sec 571.... 1451
Central and South European
countries.
Excess defense equipment PL 109-102 Sec 524.... 1421
notification.
Export financing transfer PL 109-102 Sec 519.... 1418
authorities.
Export-Import Bank of the United PL 109-102 Title I.... 1380
States.
Extradition...................... PL 109-102 Sec 581.... 1455
PL 109-102 Sec 583.... 1456
Financial institutions, PL 109-102 Sec 501.... 1409
compensation for U.S. Executive
Directors.
Financial market assistance...... PL 109-102 Sec 531.... 1425
Foreign Military Financing....... PL 109-102 Title II... 1405
Foreign Service Retirement and PL 109-102 Title II... 1389
Disability Fund.
Funds availability............... PL 109-102 Sec 511.... 1414
Gender-based violence............ PL 109-102 Sec 573.... 1452
Global Environment Facility...... PL 109-102 Title II... 1407
Global HIV/AIDS Initiative....... PL 109-102 Title II... 1397
Haiti............................ PL 109-102 Sec 549.... 1436
HIPC debt reduction.............. PL 109-102 Sec 578.... 1455
HIV/AIDS programs................ PL 109-102 Sec 525.... 1421
Illegal armed groups............. PL 109-102 Sec 557.... 1442
Impact on jobs in the United PL 109-102 Sec 533.... 1426
States.
Independent States of the Former PL 109-102 Sec 517.... 1417
Soviet Union.
PL 109-102 Title II... 1394
Indonesia........................ PL 109-102 Sec 599F... 1467
Foreign Operations, Export
Financing and Related Programs
Appropriations Act, 2006--
Continued
Indonesia--Continued
PL 109-102 Sec 599G... 1468
Inter-American Foundation........ PL 109-102 Sec 532.... 1425
PL 109-102 Title II... 1396
Inter-American Investment PL 109-102 Title II... 1408
Corporation.
International affairs technical PL 109-102 Title II... 1403
assistance.
International conferences PL 109-102 Sec 580.... 1455
attendance.
International Development PL 109-102 Title II... 1407
Association.
International financial PL 109-102 Title II... 1407
institutions.
International Fund for PL 109-102 Title II... 1408
Agricultural Development.
International Fund for Ireland... PL 109-102 Title II... 1393
International Military Education PL 109-102 Title II... 1404
and Training.
International organizations and PL 109-102 Sec 516.... 1417
programs.
PL 109-102 Title II... 1409
Iraq reconstruction oversight.... PL 109-102 Sec 599.... 1465
Landmines........................ PL 109-102 Sec 546.... 1435
Malaria programs................. PL 109-102 Sec 598.... 1464
Migration and refugee assistance. PL 109-102 Title II... 1401
Military coups................... PL 109-102 Sec 508.... 1412
Military training report......... PL 109-102 Sec 552.... 1439
Millennium Challenge Corporation. PL 109-102 Title II... 1396
Multilateral Investment Guarantee PL 109-102 Title II... 1407
Agency.
Narcotics control and law PL 109-102 Title II... 1398
enforcement.
Neglected diseases............... PL 109-102 Sec 593.... 1462
Nepal............................ PL 109-102 Sec 592.... 1462
Nongovernmental organizations PL 109-102 Sec 541.... 1433
documentation requirements.
Nonproliferation and PL 109-102 Sec 599A... 1465
counterproliferation efforts.
PL 109-102 Title II... 1402
Notification requirements........ PL 109-102 Sec 515.... 1416
PL 109-102 Sec 520.... 1419
Orphans, displaced and abandoned PL 109-102 Sec 594.... 1462
children.
Overseas Private Investment PL 109-102 Sec 579.... 1455
Corporation.
PL 109-102 Title I.... 1382
Palestinian Authority PL 109-102 Sec 547.... 1436
restrictions.
PL 109-102 Sec 550.... 1437
Palestinian Broadcasting PL 109-102 Sec 558.... 1443
Corporation assistance
prohibition.
Palestinian statehood assistance PL 109-102 Sec 555.... 1440
limitation.
Parking fines.................. PL 109-102 Sec 543.... 1433
Payment of certain expenses PL 109-102 Sec 548.... 1436
prohibition.
Peace Corps...................... PL 109-102 Sec 532.... 1425
PL 109-102 Title II... 1396
Peacekeeping operations.......... PL 109-102 Title II... 1407
Publicity or propaganda, PL 109-102 Sec 539.... 1432
prohibition.
Real property taxes owed by PL 109-102 Sec 543.... 1433
foreign countries.
Reconciliation programs.......... PL 109-102 Sec 568.... 1450
Reporting requirements........... PL 109-102 Sec 584.... 1456
Representational allowances PL 109-102 Sec 505.... 1410
limitation.
Reservations of funds............ PL 109-102 Sec 537.... 1431
Residence expenses limitation.... PL 109-102 Sec 503.... 1410
Russian Federation, religious PL 109-102 Sec 589.... 1460
discrimination.
Saudi Arabia..................... PL 109-102 Sec 582.... 1456
Security forces assistance PL 109-102 Sec 551.... 1438
limitation.
Separate accounts................ PL 109-102 Sec 529.... 1423
Foreign Operations, Export
Financing and Related Programs
Appropriations Act, 2006--
Continued
Serbia........................... PL 109-102 Sec 563.... 1446
Special authorities.............. PL 109-102 Sec 534.... 1426
Statement........................ PL 109-102 Sec 596.... 1463
Sudan............................ PL 109-102 Sec 569.... 1450
Surplus commodities.............. PL 109-102 Sec 514.... 1415
Taxation of U.S. assistance, PL 109-102 Sec 506.... 1411
prohibition on.
Terrorist countries, prohibition PL 109-102 Sec 527.... 1422
on assistance to.
PL 109-102 Sec 542.... 1433
Tibet............................ PL 109-102 Sec 575.... 1453
Trade and Development Agency..... PL 109-102 Title I.... 1383
Trade capacity building.......... PL 109-102 Sec 570.... 1451
Transfers........................ PL 109-102 Sec 509.... 1413
Transition initiatives........... PL 109-102 Title II... 1387
U.N. agencies, restrictions on PL 109-102 Sec 502.... 1409
voluntary contributions to.
U.N. members, prohibition of PL 109-102 Sec 540.... 1432
payments to.
United Nations Population Fund... PL 109-102 Sec 560.... 1444
United States Agency for PL 109-102 Title II... 1383
International Development.
Inspector General Office....... PL 109-102 Title II... 1390
Management..................... PL 109-102 Sec 577.... 1454
Operating expenses............. PL 109-102 Title II... 1389
United States Emergency Refugee PL 109-102 Title II... 1402
and Migration Assistance Fund.
Unobligated balances report...... PL 109-102 Sec 504.... 1410
User fees........................ PL 109-102 Sec 562.... 1446
Uzbekistan....................... PL 109-102 Sec 586.... 1458
War Crimes Tribunal drawdown..... PL 109-102 Sec 545.... 1435
War criminals.................. PL 109-102 Sec 561.... 1445
West Bank and Gaza............... PL 109-102 Sec 544.... 1435
PL 109-102 Sec 559.... 1443
Zimbabwe......................... PL 109-102 Sec 572.... 1452
Foreign Service
Incentives for critical posts.... PL 111-32 Sec 1115(d). 1216
Overseas comparability pay PL 111-32 Sec 1113.... 1215
adjustment.
Retirement and Disability Fund
Appropriations, 2008........... PL 110-161 Title I.... 1250
Foreign Service Retirement and
Disability Fund
Appropriations, 2006............. PL 109-102 Title II... 1389
Appropriations, 2009............. PL 111-8 Title I...... 1103
Forests. See Tropical Forest
Conservation Act; Tropical forests
Free Trade Agreements
Western hemisphere countries
Appropriations, 2008........... PL 110-161 Sec 672(e). 1329
Appropriations, 2009........... PL 111-8 Sec 7045..... 1166
G
Germany, Federal Republic of
Cooperative agreements on air PL 99-83 Sec 132...... 937
defense.
Global AIDS and Tuberculosis Relief PL 106-264............ 727
Act of 2000
African Crisis Response PL 106-264 Sec 114.... 732
Initiative.
Assistance authorities........... PL 106-264 Sec 111.... 730
Definitions...................... PL 106-264 Sec 102.... 728
Findings and purposes............ PL 106-264 Sec 103.... 728
Support and education of orphans PL 106-264 Sec 113.... 731
in sub-Saharan Africa.
Global AIDS and Tuberculosis Relief
Act of 2000--Continued
Voluntary contribution to vaccine PL 106-264 Sec 112.... 731
programs.
World Bank AIDS Trust Fund
Administration................. PL 106-264 Sec 123.... 734
Advisory Board................. PL 106-264 Sec 124.... 734
Authorization, 2001 and 2002... PL 106-264 Sec 141.... 736
Certification requirement...... PL 106-264 Sec 142.... 736
Establishment.................. PL 106-264 Sec 121.... 732
Grant authorities.............. PL 106-264 Sec 122.... 733
Reports........................ PL 106-264 Sec 131.... 735
Global Alliance for Vaccines and
Immunizations
Voluntary contribution........... PL 106-264 Sec 112.... 731
Global Crop Diversity Trust
Appropriations, 2009............. PL 111-8 Title III.... 1115
Global Environment Facility
Appropriations, 2006............. PL 109-102 Title II... 1407
Appropriations, 2008............. PL 110-161 Title III.. 1282
Appropriations, 2009............. PL 111-8 Title V...... 1132
Global Fund to Fight AIDS,
Tuberculosis and Malaria
Appropriations, 2008............. PL 110-161 Sec 625.... 1295
Authority of U.S. participation.. PL 108-25 Sec 202(b).. 686
Comptroller General monitoring... PL 108-25 Sec 202(f).. 691
Findings......................... PL 108-25 Sec 202(a).. 684
Interagency technical review PL 108-25 Sec 202(e).. 691
panel.
Private contributions PL 108-25 Sec 202(h).. 692
encouragement, sense of Congress.
Reports to Congress.............. PL 108-25 Sec 202(c).. 686
PL 108-25 Sec 202(g).. 692
Sense of Congress................ PL 108-25 Sec 202(a).. 685
U.S. financial participation..... PL 108-25 Sec 202(d).. 686
Global health. See also Health
programs
Appropriations, 2008............. PL 110-161 Sec 622.... 1294
PL 110-161 Title III.. 1262
Appropriations, 2009............. PL 111-8 Title III.... 1111
HIV/AIDS assistance.............. PL 87-195 Sec 104(g).. 40
PL 87-195 Sec 104A.... 41
Programs assistance.............. PL 87-195 Sec 104(c).. 35
Global warming
Energy assistance................ PL 101-167 Sec 534(b). 1569
Export-Import Bank............... PL 101-167 Sec 534(d). 1571
Reports and authorities.......... PL 101-167 Sec 534(c). 1570
Tropical forestry assistance..... PL 101-167 Sec 534(a). 1568
Gorgas Memorial Institute
Maintenance and operation PL 93-559 Sec 47...... 1065
appropriations.
Government Accountability Office
Iraq oversight................... PL 110-28 Sec 3804.... 1361
Government Corporation Control Act
Inter-American Foundation PL 91-175 Sec 401(t).. 1088
provisions.
Governments, foreign
Good governance encouragement.... PL 87-195 Sec 133..... 96
Technical assistance............. PL 87-195 Sec 129(h).. 94
Greece
Foreign assistance policy........ PL 87-195 Sec 620C.... 342
Military sales
Financing...................... PL 99-83 Sec 101(e)... 933
Loan guarantee................. PL 96-92 Sec 17....... 1025
Loan repayment................. PL 96-533 Sec 106(d).. 1013
Modernization of military
capabilities
Appropriations, 1990........... PL 101-167 Sec 573.... 1573
Guantanamo Bay, Cuba
Funds prohibition................ PL 111-32 Sec 14103... 1220
Guaranty Reserve Fund
Report........................... PL 99-83 Sec 106...... 934
Guatemala
Construction equipment........... PL 99-83 Sec 703(b)... 955
Foreign aid
Appropriations, 2008........... PL 110-161 Sec 672(d). 1328
Appropriations, 2009........... PL 111-8 Sec 7045(d).. 1167
Human rights groups.............. PL 99-83 Sec 703(h)... 956
International Committee of the PL 99-83 Sec 703(f)... 956
Red Cross.
International Military Education PL 111-8 Title IV..... 1128
and Training, appropriations,
2009.
Military assistance and sales.... PL 99-83 Sec 703(a)... 955
Military coup.................... PL 99-83 Sec 703(d)... 956
Mobile medical facilities........ PL 99-83 Sec 703(b)... 955
Prohibition on furnishing weapons PL 99-83 Sec 703(c)... 956
Relations with Belize............ PL 99-83 Sec 703(g)... 956
Rural resettlement program....... PL 99-83 Sec 703(e)... 956
Guinea-Bissau
Independence policy.............. PL 93-559 Sec 50...... 1066
H
Haiti
Appropriations, 2006............. PL 109-102 Sec 549.... 1436
Development assistance........... PL 97-113 Sec 721..... 1003
PL 98-151 Sec 101(b).. 992
PL 99-83 Sec 705...... 957
Emigration assistance............ PL 97-113 Sec 721..... 1003
PL 98-151 Sec 101(b).. 992
PL 99-83 Sec 705...... 957
Foreign aid
Appropriations, 2008........... PL 110-161 Sec 672(b). 1328
PL 110-252 Sec 1407... 1241
Appropriations, 2009........... PL 111-8 Sec 7045..... 1166
International Military Education PL 111-8 Title IV..... 1128
and Training, appropriations,
2009.
OPIC programs.................... PL 100-461 Sec 111.... 925
Promoting democracy
Economic assistance............ PL 99-529 Sec 202..... 928
Findings....................... PL 99-529 Sec 201..... 927
Military training.............. PL 99-529 Sec 203..... 929
Recovery of assets stolen by PL 99-529 Sec 204..... 930
Duvalier regime.
Hamas
Assistance prohibition........... PL 111-32 Sec 1107.... 1213
Health programs. See also Disease
prevention
Authorization, 1986 and 1987..... PL 87-195 Sec 104..... 33
Child Survival and Health
Programs Fund
Appropriations, 2006........... PL 109-102 Sec 522.... 1420
PL 109-102 Title II... 1383
PL 109-234 Title I.... 1373
Appropriations, 2007........... PL 110-28 Title I..... 1355
Findings......................... PL 87-195 Sec 104(a).. 32
Global Fund to Fight AIDS,
Tuberculosis and Malaria
Appropriations, 2008........... PL 110-161 Sec 625.... 1295
Global health and child survival
Appropriations, 2008........... PL 110-252 Title I.... 1232
Appropriations, 2009........... PL 110-161 Title III.. 1262
PL 111-8 Sec 7060..... 1181
PL 111-8 Title III.... 1111
PL 111-32 Title XI.... 1203
Global HIV/AIDS Initiative
Appropriations, 2006........... PL 109-102 Title II... 1397
HIV/AIDS assistance.............. PL 87-195 Sec 104A.... 40
Integration of assistance PL 87-195 Sec 104(d).. 37
programs.
Health programs--Continued
Neglected diseases
Appropriations, 2006........... PL 109-102 Sec 593.... 1462
Prohibition of funds use for PL 87-195 Sec 104(f).. 38
abortions and involuntary
sterilizations.
Research and analysis............ PL 87-195 Sec 104(e).. 38
Tropical diseases
Appropriations, 2008........... PL 110-161 Sec 689.... 1338
Heavily indebted poor countries
Debt reduction................... PL 109-102 Sec 578.... 1455
Debt relief under the HIPC PL 106-429 Sec 801.... 1501
Initiative.
HELP Commission Act................ PL 108-9 Sec 637...... 642
Authorization.................... PL 108-9 Sec 637(i)... 646
Commission authorities........... PL 108-9 Sec 637(e)... 645
Composition of Commission........ PL 108-9 Sec 637(d)... 643
Definitions...................... PL 108-9 Sec 637(h)... 646
Establishment of Commission...... PL 108-9 Sec 637(c)... 642
Findings......................... PL 108-9 Sec 637(b)... 642
Reports.......................... PL 108-9 Sec 637(f)... 645
PL 108-9 Sec 637(k)... 646
Termination...................... PL 108-9 Sec 637(j)... 646
Helping to Enhance the Livelihood
of People Around the Globe
Commission. See HELP Commission
Act
HIPC. See Heavily indebted poor
countries
HIPC Trust Fund
Appropriations, 2009............. PL 111-8 Title III.... 1126
HIV/AIDS
Assistance for Orphans and Other PL 109-95............. 618
Vulnerable Children in
Developing Countries Act of 2005.
Annual report.................. PL 109-95 Sec 5....... 621
Definition..................... PL 109-95 Sec 6....... 622
Findings....................... PL 109-95 Sec 2....... 618
Strategy....................... PL 109-95 Sec 4....... 621
Foreign aid
Activities supported........... PL 87-195 Sec 104A(d). 44
Annual report.................. PL 87-195 Sec 104A(f). 54
Compacts and framework PL 87-195 Sec 104A(e). 51
agreements.
Coordinated activities......... PL 87-195 Sec 104A(d). 49
Findings....................... PL 87-195 Sec 104A(a). 40
Monitoring..................... PL 87-195 Sec 104A(d). 47
Pharmaceuticals................ PL 87-195 Sec 104A(d). 48
Policy......................... PL 87-195 Sec 104A(b). 41
Prevention programs............ PL 87-195 Sec 104A(d). 44
Program authorization.......... PL 87-195 Sec 104A(c). 43
Global AIDS and Tuberculosis PL 106-264............ 727
Relief Act of 2000.
African Crisis Response PL 106-264 Sec 114.... 732
Initiative.
Assistance authorities......... PL 106-264 Sec 111.... 730
Definitions.................... PL 106-264 Sec 102.... 728
Findings and purposes.......... PL 106-264 Sec 103.... 728
Support and education of PL 106-264 Sec 113.... 731
orphans in sub-Saharan Africa.
Voluntary contribution to PL 106-264 Sec 112.... 731
vaccine programs.
World Bank AIDS Trust Fund..... PL 106-264 Sec 121.... 732
PL 106-264 Sec 122.... 733
PL 106-264 Sec 123.... 734
PL 106-264 Sec 124.... 734
PL 106-264 Sec 131.... 735
PL 106-264 Sec 141.... 736
PL 106-264 Sec 142.... 736
Pharmaceuticals and medical EO 13155.............. 739
technologies.
Policy......................... EO 13155 Sec 1........ 739
HIV/AIDS--Continued
Pharmaceuticals and medical
technologies--Continued
Rationale...................... EO 13155 Sec 2........ 739
Scope.......................... EO 13155 Sec 3........ 740
Programs assistance.............. PL 87-195 Sec 104(c).. 34
PL 87-195 Sec 104(g).. 40
Public-private partnerships...... PL 87-195 Sec 104A(d). 50
Tom Lantos and Henry J. Hyde PL 110-293............ 719
United States Global Leadership
Against HIV/AIDS, Tuberculosis,
and Malaria Reauthorization Act
of 2008.
Authorization.................. PL 110-293 Sec 401.... 721
Transmission prevention........ PL 110-293 Sec 203.... 719
Vaccine development............ PL 110-293 Sec 206.... 720
Treatment........................ PL 87-195 Sec 104A(d). 46
United States Leadership Against PL 108-25............. 657
HIV/AIDS, Tuberculosis and
Malaria Act of 2003.
Allocation of funds............ PL 108-25 Sec 403..... 714
Annual study................... PL 108-25 Sec 101(g).. 681
Antiretroviral treatment....... PL 108-25 Sec 402(a).. 714
Assistance to combat HIV/AIDS.. PL 108-25 Sec 301..... 694
Authorization, 2004............ PL 108-25 Sec 503..... 717
Authorization, 2008-2012....... PL 108-25 Sec 401..... 711
Children and families PL 108-25 Sec 314..... 708
assistance pilot program.
Definitions.................... PL 108-25 Sec 3....... 666
Distribution of funds.......... PL 108-25 Sec 402(b).. 714
Evaluation of progress......... PL 108-25 Sec 101(c).. 677
Expansion of debt relief report PL 108-25 Sec 502..... 717
Family survival partnerships PL 108-25 Sec 315..... 709
pilot program.
Findings....................... PL 108-25 Sec 2....... 658
Global AIDS Coordinator message PL 108-25 Sec 101(h).. 681
Global Fund to Fight Aids, PL 108-25 Sec 202..... 684
Tuberculosis and Malaria.
Global strategy development.... PL 108-25 Sec 101(a).. 668
HIV/AIDS Response Coordinator PL 108-25 Sec 102..... 681
position.
Injection safety strategies.... PL 108-25 Sec 306..... 703
Inspectors General plan........ PL 108-25 Sec 101(f).. 680
Mother-to-child HIV PL 108-25 Sec 313..... 707
transmission prevention report.
PL 108-25 Sec 312(c).. 707
Private sector assistance in PL 108-25 Sec 404..... 716
sub-Saharan Africa.
Public-private partnerships, PL 108-25 Sec 201..... 684
sense of Congress.
Purpose........................ PL 108-25 Sec 4....... 667
Reports........................ PL 108-25 Sec 5....... 668
PL 108-25 Sec 101(b).. 673
PL 108-25 Sec 101(d).. 679
PL 108-25 Sec 101(e).. 679
PL 108-25 Sec 305..... 702
PL 108-25 Sec 307..... 703
Strengthening health policies PL 108-25 Sec 204..... 692
and systems.
Women, children and families PL 108-25 Sec 311..... 704
assistance.
PL 108-25 Sec 312..... 705
HIV/AIDS programs. See also Global
AIDS and Tuberculosis Relief Act
of 2000.
Appropriations, 2005............. PL 108-447 Sec 525.... 1471
Appropriations, 2006............. PL 109-102 Sec 525.... 1421
PL 109-102 Title II... 1383
...................... 1397
Appropriations, 2008............. PL 110-161 Title III.. 1262
HIV/AIDS programs--Continued
Global health and child survival
Appropriations, 2009........... PL 111-8 Title III.... 1111
Honduras
Refugees, authorization, 1986 and PL 99-83 Sec 704...... 957
1987.
Hong Kong
Democracy Fund, appropriations, PL 111-8 Title III.... 1119
2009.
Horn of Africa
Foreign aid...................... PL 111-8 Sec 7070(c).. 1185
Hospitals
Albert Schweitzer Hospital, PL 93-189 Sec 33...... 1071
authorization, 1974.
American Schools and Hospitals PL 87-195 Sec 214..... 106
Abroad Program.
Hostages
Benefits for U.S. hostages in PL 101-513 Sec 599C... 1562
Iraq, Kuwait and Lebanon.
Housing
Guaranty programs
Authorization.................. PL 87-195 Sec 222..... 108
Findings....................... PL 87-195 Sec 221..... 108
Human resources development
Foreign aid
Authorization, 1986 and 1987... PL 87-195 Sec 105..... 61
Human rights. See also Trafficking
in persons
Child Soldiers Prevention Act of PL 110-457............ 553
2008.
Definitions.................... PL 110-457 Sec 402.... 553
Foreign Service officer PL 110-457 Sec 406.... 557
training.
Prohibition.................... PL 110-457 Sec 404.... 555
Reports........................ PL 110-457 Sec 405.... 556
Sense of Congress.............. PL 110-457 Sec 403.... 554
Chile
Sense of Congress.............. PL 93-189 Sec 35...... 1072
Cuba............................. PL 99-83 Sec 718...... 963
Female genital mutilation........ PL 104-208 Sec 579.... 1541
Foreign aid report............... PL 87-195 Sec 116..... 70
PL 87-195 Sec 502B.... 257
Guatemala........................ PL 99-83 Sec 703(h)... 956
Inter-American Commission on
Human Rights
Authorization, 1986 and 1987... PL 87-195 Sec 302(a).. 182
Interagency Group on Human Rights PL 96-533 Sec 710..... 1021
and Foreign Assistance.
International military education PL 87-195 Sec 549..... 297
and training.
Mexico, imprisoned U.S. citizens PL 94-329 Sec 408..... 1056
in.
North Korean Human Rights Act of PL 108-333............ 769
2004.
North Korean Human Rights PL 110-346............ 782
Reauthorization Act of 2008.
Peru............................. PL 99-83 Sec 707(a)... 959
Reaffirmation of support......... PL 97-113 Sec 713..... 999
Report........................... PL 102-391 Sec 511.... 1551
Security forces.................. PL 87-195 Sec 620J.... 357
Sudan Peace Act
Slavery and other abuses....... PL 107-245 Sec 4...... 813
United Nations Human Rights PL 110-161 Sec 695.... 1340
Council.
Human Rights and Democracy Fund
Appropriations, 2007............. PL 110-28 Sec 3805.... 1361
Human Rights Council
Funding limitations.............. PL 111-8 Sec 7052..... 1175
Humanitarian assistance
Afghanistan...................... PL 107-327 Sec 206.... 758
Code of conduct.................. PL 109-13 Sec 2110.... 1469
War crimes tribunals drawdown.... PL 111-8 Sec 7049..... 1174
Hyde, Henry J. See HIV/AIDS
I
ICC. See International Criminal
Court
ICRC. See International Committee
of the Red Cross
Illicit narcotics. See Drug control
IMF. See International Monetary
Fund
Immigration
Amerasians....................... PL 100-202 Sec 584.... 1586
Immunizations
Promoting immunization and oral
rehydration in developing
countries
Findings....................... PL 99-529 Sec 101..... 926
U.S. participation in global PL 99-529 Sec 102..... 927
effort.
Imports
Agricultural commodities......... PL 97-113 Sec 203..... 995
PL 99-83 Sec 205...... 941
Arms control
Judicial review................ PL 90-629 Sec 38(h)... 502
Licensing exemptions........... PL 90-629 Sec 38(j)... 502
Licensing process.............. PL 90-629 Sec 38(g)... 500
Munitions List review.......... PL 90-629 Sec 38(f)... 499
Presidential authorities....... PL 90-629 Sec 38(a)... 493
PL 90-629 Sec 38(e)... 498
Registration requirements...... PL 90-629 Sec 38(b)... 496
Shipping information report.... PL 90-629 Sec 38(i)... 502
Transactions with countries PL 90-629 Sec 40...... 507
supporting acts of
international terrorism.
Violations..................... PL 90-629 Sec 38(c)... 498
Arms licenses control............ PL 94-329 Sec 212(b).. 1055
Ban on countries supporting PL 99-83 Sec 505...... 944
terrorism.
Canada........................... PL 99-83 Sec 721...... 964
Libyan prohibition............... PL 99-83 Sec 504...... 944
India
Energy technology exports and PL 110-140 Sec 912.... 564
outreach programs.
Indian Ocean
Control of military forces, sense PL 94-329 Sec 407..... 1056
of Congress.
Indigenous peoples
Advisor for issues relating to
Appropriations, 2006........... PL 109-102 Sec 595.... 1463
Appropriations, 2008........... PL 110-161 Sec 699B... 1343
Indochina
Adjustment of status for parolees PL 101-167 Sec 599E... 1579
Foreign aid repeal............... PL 94-329 Sec 413..... 1057
Parolees......................... PL 106-429 Sec 586.... 1499
Indochina war
Foreign aid prohibition.......... PL 93-189 Sec 30...... 1070
Indonesia
East Timor assistance, sense of PL 96-533 Sec 408..... 1016
Congress.
Foreign aid
Appropriations, 2006........... PL 109-102 Sec 599F... 1467
Appropriations, 2008........... PL 110-161 Sec 679.... 1332
Appropriations, 2009........... PL 111-8 Sec 7071(c).. 1186
Report......................... PL 110-161 Sec 682.... 1333
Report on cooperation............ PL 109-102 Sec 599G... 1468
Indus Basin Development
Authorization, 1969.............. PL 87-195 Sec 302(b).. 183
Funds utilization................ PL 87-195 Sec 303..... 185
Infectious diseases. See Disease
prevention
Inspector General Office
Appropriations, 2008............. PL 110-161 Title I.... 1248
Inspector General Office--Continued
Appropriations, 2008--Continued
PL 110-252 Title I.... 1228
...................... 1229
...................... 1231
...................... 1233
Appropriations, 2009............. PL 111-8 Title I...... 1101
PL 111-8 Title II..... 1111
PL 111-32 Title XI.... 1202
Institute for Scientific and
Technological Cooperation
Authorization, 1981.............. PL 96-53 Sec 410...... 1035
Conflict of interest............. PL 96-53 Sec 409...... 1035
Council on International PL 96-53 Sec 407...... 1033
Scientific and Technological
Cooperation.
Deputy Director.................. PL 96-53 Sec 406...... 1032
PL 96-53 Sec 412...... 1035
Director......................... PL 96-53 Sec 405...... 1032
PL 96-53 Sec 412...... 1035
Establishment.................... PL 96-53 Sec 402...... 1030
Functions........................ PL 96-53 Sec 403...... 1030
General authorities.............. PL 96-53 Sec 404...... 1031
Institute fellowships............ PL 96-53 Sec 408...... 1034
Purposes......................... PL 96-53 Sec 402...... 1030
Statement of policy.............. PL 96-53 Sec 401...... 1029
Statutory officers............... PL 96-53 Sec 406...... 1032
PL 96-53 Sec 412...... 1035
Institute of Peace
Appropriations, 2008............. PL 110-161 Title I.... 1255
Appropriations, 2009............. PL 111-8 Title I...... 1106
Intellectual property
International protection program. PL 103-392 Sec 501.... 913
Inter-American Commission on Human
Rights
Authorization, 1986 and 1987..... PL 87-195 Sec 302(a).. 182
Inter-American Development Bank
Social Progress Trust Fund PL 93-189 Sec 36...... 1072
Agreement revision.
Inter-American Foundation
Abolition of..................... PL 106-113 Sec 586.... 1520
Appropriations, 2005............. PL 111-8 Sec 7025..... 1148
Appropriations, 2006............. PL 109-102 Title II... 1396
Appropriations, 2008............. PL 110-161 Title III.. 1271
Appropriations, 2009............. PL 111-8 Title III.... 1125
Authorities...................... PL 91-175 Sec 401(e).. 1085
PL 109-102 Sec 532.... 1425
PL 110-161 Sec 631.... 1299
Authorization, 1970 and 1971..... PL 91-175 Sec 401(s).. 1088
Board of directors
Authorities.................... PL 91-175 Sec 401(j).. 1087
Committee appointments......... PL 91-175 Sec 401(k).. 1087
Composition.................... PL 91-175 Sec 401(g).. 1086
Function....................... PL 91-175 Sec 401(i).. 1087
Travel expenses reimbursement.. PL 91-175 Sec 401(h).. 1086
Coordination of activities....... PL 91-175 Sec 401(d).. 1085
Council.......................... PL 91-175 Sec 401(m).. 1087
Creation......................... PL 91-175 Sec 401(a).. 1084
Economic development program PL 87-195 Sec 222A(d). 111
loans.
Execution of programs and PL 91-175 Sec 401(c).. 1085
activities.
Government Corporation Control PL 91-175 Sec 401(t).. 1088
Act provisions.
Investment of funds.............. PL 91-175 Sec 401(u).. 1089
Nonprofit status................. PL 91-175 Sec 401(n).. 1087
Office locations................. PL 91-175 Sec 401(q).. 1088
Officers and employees, positions PL 91-175 Sec 401(o).. 1087
with governments of foreign
countries.
President, appointment of........ PL 91-175 Sec 401(l).. 1087
Purpose.......................... PL 91-175 Sec 401(b).. 1084
Inter-American Foundation--
Continued
Secretary of State authority..... PL 91-175 Sec 401(p).. 1088
Tax exemption.................... PL 91-175 Sec 401(r).. 1088
Termination...................... PL 91-175 Sec 401(f).. 1086
Use of funds..................... PL 91-175 Sec 401(v).. 1089
PL 91-175 Sec 401(w).. 1089
Inter-American Investment
Corporation
Appropriations, 2006............. PL 109-102 Title II... 1408
Interagency Group on Human Rights
and Foreign Assistance
Sense of Congress................ PL 96-533 Sec 710..... 1021
Interagency Task Force to Monitor
and Combat Trafficking
Activities....................... PL 106-386 Sec 105(d). 827
Appointment...................... PL 106-386 Sec 105(b). 827
Chairman......................... PL 106-386 Sec 105(c). 827
Establishment.................... PL 106-386 Sec 105(a). 827
Office to Monitor and Combat PL 106-386 Sec 105(e). 829
Trafficking.
Senior Policy Operating Group.... PL 106-386 Sec 105(f). 831
International affairs technical
assistance
Appropriations, 2006............. PL 109-102 Title II... 1403
PL 109-234 Title I.... 1376
Appropriations, 2007............. PL 110-28 Title I..... 1357
Appropriations, 2009............. PL 111-8 Title III.... 1126
International AIDS Vaccine
Initiative
Voluntary contribution........... PL 106-264 Sec 112.... 731
International Atomic Energy Agency
Safeguards and inspections
Authorization, 1976 and 1977... PL 87-195 Sec 302(i).. 184
International Boundary and Water
Commission
Appropriations, 2008............. PL 110-161 Sec 117.... 1258
PL 110-161 Title I.... 1251
Appropriations, 2009............. PL 110-329 Title I.... 1226
PL 111-8 Title I...... 1105
International Civil Aviation
Organization
Standards enforcement............ PL 99-83 Sec 554...... 946
International Clean Energy
Foundation
Annual report.................... PL 110-140 Sec 924.... 574
Authorization, 2009-2013......... PL 110-140 Sec 927.... 577
Board of Directors............... PL 110-140 Sec 922(c). 572
Chief Executive Officer.......... PL 110-140 Sec 922(b). 571
Convention on Supplementary PL 110-140 Sec 934.... 580
Compensation for Nuclear Damage.
Definitions...................... PL 110-140 Sec 921.... 571
Duties of........................ PL 110-140 Sec 923.... 574
Establishment of................. PL 110-140 Sec 922(a). 571
Extractive Industries PL 110-140 Sec 935.... 587
Transparency Initiative.
Government Corporation Control PL 110-140 Sec 925(c). 575
Act applicability.
Inspector General authority...... PL 110-140 Sec 925(d). 576
National energy security strategy PL 110-140 Sec 933.... 579
report.
National Security Council PL 110-140 Sec 932.... 579
reorganization.
Office location.................. PL 110-140 Sec 925(b). 575
Personnel authorities............ PL 110-140 Sec 926.... 576
Powers of........................ PL 110-140 Sec 925(a). 575
State Department energy diplomacy PL 110-140 Sec 931.... 577
and security.
International Commission of Control
and Supervision in Vietnam
Authorization, 1975.............. PL 93-559 Sec 48...... 1065
International commissions
Appropriations, 2008............. PL 110-161 Title I.... 1251
...................... 1252
Appropriations, 2009
American sections.............. PL 111-8 Title I...... 1105
International commissions--
Continued
Appropriations, 2009--Continued
Construction................... PL 111-8 Title I...... 1105
Expenses....................... PL 111-8 Title I...... 1104
Fisheries commissions.......... PL 111-8 Title I...... 1105
International Boundary and PL 111-8 Title I...... 1105
Water Commission, United
States and Mexico.
Salaries and expenses.......... PL 111-8 Title I...... 1105
International Committee of the Red
Cross
Guatemala visit invitation....... PL 99-83 Sec 703(f)... 956
International Criminal Court
Economic Support Fund assistance PL 109-102 Sec 574.... 1452
limitation.
PL 110-161 Sec 671.... 1327
International Development and Food PL 94-161............. 1062
Assistance Act of 1975
Chile............................ PL 94-161 Sec 320..... 1062
Debt owed the United States...... PL 94-161 Sec 321..... 1063
Israel and Egypt................. PL 94-161 Sec 322..... 1063
International Development and Food PL 95-88.............. 1050
Assistance Act of 1977
Future U.S. assistance, sense of PL 95-88 Sec 131...... 1051
Congress.
Minority business participation.. PL 95-88 Sec 133...... 1051
Vietnam, accounting of Americans PL 95-88 Sec 132(b)... 1051
missing in action.
International Development and Food PL 95-424............. 1039
Assistance Act of 1978
Africa, locust plagues control... PL 95-424 Sec 120..... 1040
African Development Foundation... PL 95-424 Sec 122..... 1040
Authorization reduction.......... PL 95-424 Sec 601..... 1042
Coordination and administration
of policies
Declaration of objectives...... PL 95-424 Sec 301..... 1040
Implementation of objectives... PL 95-424 Sec 302..... 1041
Debt relief agreements reports... PL 95-424 Sec 603..... 1042
International Development and PL 95-424 Sec 117(e).. 1039
Food Assistance Act of 1978.
Vietnam, Cambodia and Cuba PL 95-424 Sec 602..... 1042
prohibition.
Unified personnel system PL 95-424 Sec 401..... 1041
establishment.
World Assembly on Aging.......... PL 95-424 Sec 117(e).. 1039
International Development
Association
Appropriations, 2006............. PL 109-102 Title II... 1407
Appropriations, 2008............. PL 110-161 Title III.. 1282
Appropriations, 2009............. PL 111-8 Title V...... 1132
International Development PL 96-53.............. 1028
Cooperation Act of 1979
Development assistance........... PL 96-53 Sec 126...... 1029
Institute for Scientific and
Technological Cooperation
Authorization, 1981............ PL 96-53 Sec 410...... 1035
Conflict of interest........... PL 96-53 Sec 409...... 1035
Council........................ PL 96-53 Sec 407...... 1033
Deputy Director................ PL 96-53 Sec 406...... 1032
PL 96-53 Sec 412...... 1035
Director....................... PL 96-53 Sec 405...... 1032
PL 96-53 Sec 412...... 1035
Establishment.................. PL 96-53 Sec 402...... 1030
Functions...................... PL 96-53 Sec 403...... 1030
General authorities............ PL 96-53 Sec 404...... 1031
Institute fellowships.......... PL 96-53 Sec 408...... 1034
Purposes....................... PL 96-53 Sec 402...... 1030
Statement of policy............ PL 96-53 Sec 401...... 1029
Statutory officers............. PL 96-53 Sec 406...... 1032
International Development
Cooperation Act of 1979--Continued
Institute for Scientific and
Technological Cooperation--
Continued
Statutory officers--Continued
PL 96-53 Sec 412...... 1035
Latin American and Caribbean PL 96-53 Sec 125...... 1029
countries assistance.
Lebanon, earmarking unobligated PL 96-53 Sec 501...... 1036
balances in Middle East Special
Requirements Fund.
Non-proliferation of nuclear PL 96-53 Sec 507...... 1037
weapons support.
Southeast Asia, refugee crisis... PL 96-53 Sec 509...... 1037
Sudan, military assistance....... PL 96-53 Sec 502...... 1036
Travel expenses.................. PL 96-53 Sec 510...... 1038
U.N. funds use................... PL 96-53 Sec 114...... 1028
International Development Office of
Inspector General
Operating expenses PL 110-252 Title I.... 1229
appropriations, 2008
International financial
institutions
Advisory Commission.............. PL 105-277 Sec 603.... 1533
Appropriations, 2006............. PL 109-102 Title II... 1407
Compensation for U.S. Executive PL 109-102 Sec 501.... 1409
Directors.
PL 110-161 Sec 601.... 1283
Reports.......................... PL 106-429 Sec 803.... 1503
Technical assistance............. PL 87-195 Sec 129..... 90
International fisheries commissions
Appropriations, 2008............. PL 110-161 Title I.... 1252
International Food and Agricultural
Development Board
Annual report.................... PL 87-195 Sec 298(e).. 178
Duties........................... PL 87-195 Sec 298(c).. 176
Establishment.................... PL 87-195 Sec 298(a).. 176
Responsibilities................. PL 87-195 Sec 298(b).. 176
Subordinate units................ PL 87-195 Sec 298(d).. 177
International Fund for Agricultural
Development
Appropriations, 2006............. PL 109-102 Title II... 1408
Appropriations, 2008............. PL 110-161 Title III.. 1283
Appropriations, 2009............. PL 111-8 Title V...... 1132
U.S. participation............... PL 87-195 Sec 103(g).. 31
International Fund for Ireland
Appropriations, 2006............. PL 109-102 Title II... 1393
Appropriations, 2008............. PL 110-161 Title III.. 1270
Appropriations, 2009............. PL 111-8 Title III.... 1120
International Malaria Control Act
American University in Bulgaria, PL 106-570 Sec 503.... 726
sense of Congress.
Findings......................... PL 106-570 Sec 102.... 723
Prevention, treatment, control PL 106-570 Sec 103.... 724
and elimination.
Vessel towing assistance......... PL 106-570 Sec 502.... 725
International Malaria Control Act PL 106-570............ 723
of 2000.
Findings......................... PL 106-570 Sec 102.... 723
International Military Education
and Training
Foreign assistance
Authorization.................. PL 87-195 Sec 542..... 293
Consultation requirement....... PL 87-195 Sec 547..... 296
Exchange training.............. PL 87-195 Sec 544..... 294
General authority.............. PL 87-195 Sec 541..... 292
Human rights report............ PL 87-195 Sec 549..... 297
Maritime skills training....... PL 87-195 Sec 545..... 295
Prohibition on assistance for PL 87-195 Sec 546..... 296
high income countries.
Purposes....................... PL 87-195 Sec 543..... 294
International Military Education
and Training--Continued
Foreign assistance--Continued
Records requirements........... PL 87-195 Sec 548..... 296
Reports.......................... PL 87-195 Sec 656..... 396
PL 109-102 Sec 552.... 1439
PL 109-102 Sec 584.... 1456
PL 110-161 Sec 652.... 1314
PL 111-8 Sec 7087..... 1198
International Monetary Fund
Activities report................ PL 111-32 Sec 1403.... 1219
Cost of U.S. participation, PL 106-113 Sec 504(a). 1527
report.
Enhanced Structural Adjustment PL 106-113 Sec 504(c). 1527
Facility administration expenses.
Gold sales....................... PL 106-113 Sec 504(d). 1528
Loans to......................... PL 111-32 Title XIV... 1218
Publication of operational PL 106-113 Sec 504(a). 1527
budgets.
U.S. quota....................... PL 111-32 Title XIV... 1218
International organizations
Appropriations, 2006............. PL 109-102 Title II... 1409
Appropriations, 2008............. PL 110-252 Title I.... 1229
...................... 1232
Appropriations, 2009............. PL 111-8 Title V...... 1131
Authority........................ PL 87-195 Sec 301..... 179
Authorization.................... PL 87-195 Sec 302..... 181
Authorization, 1986 and 1987..... PL 87-195 Sec 302(a).. 181
Contribution restrictions........ PL 87-195 Sec 302(c).. 183
Contributions
Appropriations, 2008........... PL 110-161 Title I.... 1250
Appropriations, 2009........... PL 111-8 Title I...... 1103
Funds limitation................. PL 109-102 Sec 516.... 1417
PL 111-8 Sec 7017..... 1145
Indus Basin Development
Authorization, 1969............ PL 87-195 Sec 302(b).. 183
Funds utilization.............. PL 87-195 Sec 303..... 185
Integration of women............. PL 87-195 Sec 305..... 186
Inter-American Commission on
Human Rights
Authorization, 1986 and 1987... PL 87-195 Sec 302(a).. 182
International Atomic Energy PL 87-195 Sec 302(i).. 184
Agency.
International Clean Energy
Foundation
Annual report.................. PL 110-140 Sec 924.... 574
Authorization, 2009-2013....... PL 110-140 Sec 927.... 577
Board of Directors............. PL 110-140 Sec 922(c). 572
Chief Executive Officer........ PL 110-140 Sec 922(b). 571
Definitions.................... PL 110-140 Sec 921.... 571
Duties of...................... PL 110-140 Sec 923.... 574
Establishment of............... PL 110-140 Sec 922(a). 571
Government Corporation Control PL 110-140 Sec 925(c). 575
Act applicability.
Inspector General authority.... PL 110-140 Sec 925(d). 576
Office location................ PL 110-140 Sec 925(b). 575
Personnel authorities.......... PL 110-140 Sec 926.... 576
Powers of...................... PL 110-140 Sec 925(a). 575
Personnel detail to.............. PL 87-195 Sec 628..... 365
Reports to Congress.............. PL 87-195 Sec 306..... 186
Voluntary contributions.......... PL 99-83 Sec 402...... 943
Withholding of U.S. proportionate PL 87-195 Sec 307..... 186
share.
International Religious Freedom
Commission
Appropriations, 2008............. PL 110-161 Title I.... 1254
Appropriations, 2009............. PL 111-8 Title I...... 1108
International Security and PL 98-151............. 990
Development Assistance
Authorizations Act of 1983.
Antiterrorism assistance program. PL 98-151 Sec 101(b).. 993
Authorization, 1984.............. PL 98-151 Sec 101(b).. 990
El Salvador, military assistance PL 98-151 Sec 101(b).. 991
conditions.
International Security and
Development Assistance
Authorizations Act of 1983--
Continued
Haiti, development and emigration PL 98-151 Sec 101(b).. 992
assistance.
Minority Resource Center......... PL 98-151 Sec 101(b).. 992
Minority set-aside............... PL 98-151 Sec 101(b).. 991
Private sector revolving fund.... PL 98-151 Sec 101(b).. 993
International Security and PL 96-533............. 1012
Development Cooperation Act of
1980.
African Development Foundation
Authorization, 1986 and 1987... PL 96-533 Sec 510..... 1020
Establishment.................. PL 96-533 Sec 503..... 1017
Findings....................... PL 96-533 Sec 502..... 1016
Functions...................... PL 96-533 Sec 505..... 1017
Government Corporation Control PL 96-533 Sec 508..... 1020
Act.
Management..................... PL 96-533 Sec 507..... 1019
Powers......................... PL 96-533 Sec 506..... 1018
Purposes....................... PL 96-533 Sec 504..... 1017
Spending authority limitation.. PL 96-533 Sec 509..... 1020
Boycott of 1980 summer Olympics PL 96-533 Sec 718..... 1024
in Moscow.
Caribbean Development Bank....... PL 96-533 Sec 315..... 1014
Cuba
Incarceration and deportation.. PL 96-533 Sec 716..... 1023
Refugees....................... PL 96-533 Sec 715..... 1022
Cuba, Vietnam and Cambodia, PL 96-533 Sec 717..... 1023
prohibition.
East Timor, sense of Congress.... PL 96-533 Sec 408..... 1016
Eastern Caribbean................ PL 96-533 Sec 313..... 1014
Equatorial Guinea................ PL 96-533 Sec 314..... 1014
Interagency Group on Human Rights PL 96-533 Sec 710..... 1021
and Foreign Assistance.
Jordan, sense of Congress........ PL 96-533 Sec 712..... 1022
Middle East peace, sense of PL 96-533 Sec 711..... 1022
Congress.
Military sales loans to Egypt, PL 96-533 Sec 106(d).. 1013
the Sudan, Greece and Turkey.
Narcotics control in Colombia.... PL 96-533 Sec 402(c).. 1015
Nicaragua military assistance PL 96-533 Sec 119..... 1014
prohibition.
Postharvest losses of food PL 96-533 Sec 317..... 1015
reduction, sense of Congress.
Uganda elections................. PL 96-533 Sec 719..... 1024
Uranium depleted in the isotope PL 96-533 Sec 110..... 1013
235 exportation.
World hunger programs............ PL 96-533 Sec 316..... 1014
International Security and PL 97-113............. 994
Development Cooperation Act of
1981.
Agricultural commodities PL 97-113 Sec 203..... 995
acquisition.
Agricultural production self-help PL 97-113 Sec 403(c).. 996
provisions.
Assistance, report............... PL 97-113 Sec 722..... 1003
Chemical and toxin weapons, sense PL 97-113 Sec 716..... 1000
of Congress.
Chile............................ PL 97-113 Sec 726..... 1005
Comprehensive analysis of PL 97-113 Sec 722..... 1003
assistance.
Drug control..................... PL 97-113 Sec 502..... 996
Egypt, Israel and Turkey, debt... PL 97-113 Sec 723..... 1004
El Salvador
Aid restrictions............... PL 97-113 Sec 730..... 1010
Military assistance and sales PL 97-113 Sec 728..... 1007
restrictions.
Refugees....................... PL 97-113 Sec 731..... 1010
Reporting requirement.......... PL 97-113 Sec 729..... 1009
Sense of Congress.............. PL 97-113 Sec 727..... 1006
Global security findings......... PL 97-113 Sec 710..... 998
International Security and
Development Cooperation Act of
1981--Continued
Haiti, development and emigration PL 97-113 Sec 721..... 1003
assistance.
Human rights..................... PL 97-113 Sec 713..... 999
Infant feeding programs.......... PL 97-113 Sec 301(b).. 995
Lebanon, sense of Congress....... PL 97-113 Sec 715..... 999
Libya, condemnation for support PL 97-113 Sec 718..... 1001
of terrorist movements.
Nicaragua........................ PL 97-113 Sec 724..... 1004
Nonaligned countries............. PL 97-113 Sec 720..... 1002
Nuclear activities report........ PL 97-113 Sec 735..... 1010
Nuclear detonations prohibitions. PL 97-113 Sec 737..... 1011
Poland
Emergency humanitarian help.... PL 97-113 Sec 708..... 997
Use of Polish currencies....... PL 97-113 Sec 709..... 998
Special Defense Acquisition Fund. PL 97-113 Sec 108(b).. 994
Taiwan, immigrant visas for...... PL 97-113 Sec 714..... 999
Terrorism, U.S. citizens acting PL 97-113 Sec 719..... 1002
in the service of.
United Nations, financial PL 97-113 Sec 717..... 1001
obligations to.
World food security reserves..... PL 97-113 Sec 711..... 998
World hunger findings and policy. PL 97-113 Sec 712..... 999
International Security and PL 99-83.............. 932
Development Cooperation Act of
1985.
Afghanistan...................... PL 99-83 Sec 904...... 982
Africa
Balance-of-payments support.... PL 99-83 Sec 801...... 974
Economic support for South PL 99-83 Sec 802...... 975
Africa.
Liberia, elections in.......... PL 99-83 Sec 807...... 978
Mozambique, People's Republic PL 99-83 Sec 813...... 979
of.
Policy toward South African PL 99-83 Sec 803...... 976
``homelands''.
Sudan, political settlement in. PL 99-83 Sec 806...... 978
Tunisia........................ PL 99-83 Sec 805...... 977
Western Sahara................. PL 99-83 Sec 808...... 978
Zaire.......................... PL 99-83 Sec 804...... 977
Agricultural commodity agreements PL 99-83 Sec 1008..... 984
Airport security
Beirut International Airport PL 99-83 Sec 551(c)... 946
closing, sense of Congress.
Civil aviation boycott of PL 99-83 Sec 555...... 946
countries supporting terrorism.
Explosives detection research.. PL 99-83 Sec 557...... 946
Hijacking of TWA flight 847, PL 99-83 Sec 558...... 947
sense of Congress.
International Civil Aviation PL 99-83 Sec 554...... 946
Organization standards
enforcement.
Asia............................. PL 99-83 Title IX..... 980
Afghanistan.................... PL 99-83 Sec 904...... 982
Amerasian children............. PL 99-83 Sec 903...... 981
Cambodia....................... PL 99-83 Sec 905...... 982
Khmer Rouge.................. PL 99-83 Sec 906...... 982
Philippines.................... PL 99-83 Sec 901...... 980
Republic of Korea, U.S. policy. PL 99-83 Sec 908...... 983
Sri Lanka, political settlement PL 99-83 Sec 907...... 982
AWACS sold to Saudi Arabia, PL 99-83 Sec 131...... 936
certification.
Canadian exports to the United PL 99-83 Sec 721...... 964
States.
Caribbean region
Advisory Commission............ PL 99-83 Sec 714...... 961
Comprehensive reports.......... PL 99-83 Sec 709...... 959
Coal exporting nations, report... PL 99-83 Sec 1210..... 985
Commission for the Preservation PL 99-83 Sec 1303..... 986
of America's Heritage Abroad.
Conventional arms transfers...... PL 99-83 Sec 129...... 934
Cooperative agreements on air PL 99-83 Sec 132...... 937
defense in central Europe.
International Security and
Development Cooperation Act of
1985--Continued
Cuba
Human rights violations........ PL 99-83 Sec 718...... 963
Development assistance........... PL 99-83 Title III.... 942
Drug control..................... PL 99-83 Title VI..... 947
Bolivia........................ PL 99-83 Sec 611...... 948
Cuba........................... PL 99-83 Sec 617...... 950
Foreign bank accounts PL 99-83 Sec 619...... 951
confidentiality issues.
Jamaica........................ PL 99-83 Sec 610...... 947
Latin American Regional PL 99-83 Sec 615...... 950
Narcotics Control Organization.
Peru........................... PL 99-83 Sec 612...... 949
Procurement of weapons to PL 99-83 Sec 607...... 947
defend aircraft.
Reallocation of funds if PL 99-83 Sec 613...... 950
conditions not met.
U.S. Armed Forces support PL 99-83 Sec 616...... 950
abroad.
Economic conditions, reports..... PL 99-83 Sec 1205..... 984
Economic Support Fund
Agricultural commodities PL 99-83 Sec 205...... 941
acquisition.
Cyprus......................... PL 99-83 Sec 203...... 940
Middle East.................... PL 99-83 Sec 202...... 939
Portugal....................... PL 99-83 Sec 204...... 941
Restriction on use of funds for PL 99-83 Sec 207...... 942
nuclear facilities.
Supplemental authorization..... PL 99-83 Sec 208...... 942
Tied aid credit program........ PL 99-83 Sec 206...... 941
Egyptian-Israeli relations....... PL 99-83 Sec 1206..... 985
El Salvador
Aircraft for aerial warfare.... PL 99-83 Sec 702(d)... 954
Development assistance......... PL 99-83 Sec 702(f)... 955
Findings....................... PL 99-83 Sec 702(a)... 952
Local currencies............... PL 99-83 Sec 702(e)... 954
Military coup.................. PL 99-83 Sec 702(g)... 955
Objectives..................... PL 99-83 Sec 702(b)... 953
Reports........................ PL 99-83 Sec 702(c)... 954
ESOP use......................... PL 99-83 Sec 713...... 960
Federal Coal Export Commission... PL 99-83 Sec 1304..... 988
Foreign military sales credits... PL 99-83 Sec 101...... 932
Foreign military sales for Jordan PL 99-83 Sec 130...... 935
Guaranty Reserve Fund............ PL 99-83 Sec 106...... 934
Guatemala
Construction equipment......... PL 99-83 Sec 703(b)... 955
Human rights groups............ PL 99-83 Sec 703(h)... 956
International Committee of the PL 99-83 Sec 703(f)... 956
Red Cross.
Military assistance and sales.. PL 99-83 Sec 703(a)... 955
Military coup.................. PL 99-83 Sec 703(d)... 956
Mobile medical facilities...... PL 99-83 Sec 703(b)... 955
Prohibition on furnishing PL 99-83 Sec 703(c)... 956
weapons.
Relations with Belize.......... PL 99-83 Sec 703(g)... 956
Rural resettlement program..... PL 99-83 Sec 703(e)... 956
Haiti
Development assistance......... PL 99-83 Sec 705...... 957
Emigration assistance.......... PL 99-83 Sec 705...... 957
Honduras
Refugees, authorization, 1986 PL 99-83 Sec 704...... 957
and 1987.
Immunization and oral rehydration PL 99-83 Sec 305...... 942
promotion.
International organizations and PL 99-83 Sec 402...... 943
programs, voluntary
contributions.
Latin America
Comprehensive reports.......... PL 99-83 Sec 709...... 959
Reports on foreign debt........ PL 99-83 Sec 719...... 963
International Security and
Development Cooperation Act of
1985--Continued
Mexico
Facilitating international PL 99-83 Sec 717...... 962
commerce.
Military assistance and sales.... PL 99-83 Title I...... 932
Minority set-aside............... PL 99-83 Sec 315...... 943
Nicaragua
Central America peace process.. PL 99-83 Sec 722(k)... 971
Conflict resolution failure PL 99-83 Sec 722(q)... 973
statement.
Conflict settlement............ PL 99-83 Sec 722(a)... 964
PL 99-83 Sec 722(c)... 966
Congressional rulemaking powers PL 99-83 Sec 722(u)... 974
Consultation with Congress..... PL 99-83 Sec 722(m)... 972
PL 99-83 Sec 722(r)... 973
Contadora Agreement............ PL 99-83 Sec 722(h)... 970
Food aid....................... PL 99-83 Sec 722(f)... 970
Foreign and domestic policies PL 99-83 Sec 722(b)... 965
concerns.
House procedures............... PL 99-83 Sec 722(n)... 972
Humanitarian assistance........ PL 99-83 Sec 722(g)... 970
Limitation on use of funds..... PL 99-83 Sec 722(e)... 970
Military operations prohibition PL 99-83 Sec 722(d)... 969
Progress statement............. PL 99-83 Sec 722(l)... 972
Reports........................ PL 99-83 Sec 722(j)... 971
Senate procedures.............. PL 99-83 Sec 722(o)... 973
U.S. policies.................. PL 99-83 Sec 722(i)... 970
Palestine Liberation PL 99-83 Sec 1302..... 985
Organization, codification of
policy prohibiting negotiations.
Paraguay
Military assistance............ PL 99-83 Sec 706...... 958
Peru
Human rights training.......... PL 99-83 Sec 707(a)... 959
Strengthening judicial system.. PL 99-83 Sec 707(b)... 959
Private and voluntary PL 99-83 Sec 311...... 942
organizations.
PL 99-83 Sec 710...... 960
Rural electrification, sense of PL 99-83 Sec 716...... 962
Congress.
Terrorism control
Coordination of U.S. assistance PL 99-83 Sec 502...... 944
Imports ban.................... PL 99-83 Sec 505...... 944
International Anti-Terrorism PL 99-83 Sec 506...... 945
Committee.
International terrorism control PL 99-83 Sec 507...... 945
treaty, sense of Congress.
Libyan imports and exports..... PL 99-83 Sec 504...... 944
State terrorism, sense of PL 99-83 Sec 508...... 945
Congress.
U.N. Environment Program PL 99-83 Sec 402...... 943
contribution.
Uruguay.......................... PL 99-83 Sec 720...... 964
International Security Assistance PL 95-92.............. 1047
Act of 1977.
Arms sales controls review....... PL 95-92 Sec 27....... 1049
Authorization, 1977.............. PL 95-92 Sec 21....... 1048
Egypt, sense of Congress......... PL 95-92 Sec 9........ 1047
Israel, arms sales policy PL 95-92 Sec 26....... 1049
statement.
Piaster conversion............... PL 95-92 Sec 29....... 1049
Republic of Korea, sense of PL 95-92 Sec 28....... 1049
Congress.
Technology transfers study....... PL 95-92 Sec 24....... 1048
International Security Assistance PL 95-384............. 1043
Act of 1978.
Eastern Mediterranean............ PL 95-384 Sec 13...... 1043
Israel and Egypt negotiations.... PL 95-384 Sec 28...... 1046
Republic of Korea, modernization PL 95-384 Sec 23...... 1044
of armed forces.
Savings provision................ PL 95-384 Sec 30...... 1046
United States-Republic of China PL 95-384 Sec 26...... 1045
Mutual Defense Treaty.
International Security Assistance PL 96-92.............. 1025
Act of 1979.
International Security Assistance
Act of 1979--Continued
Military sales credits........... PL 96-92 Sec 17....... 1025
Shaba Province airlift........... PL 96-92 Sec 26....... 1026
Taiwan, transfer of war reserve PL 96-92 Sec 23....... 1026
material.
Thailand, ammunition sales....... PL 96-92 Sec 24....... 1026
Turkey, supplemental PL 96-92 Sec 27....... 1027
authorization, 1979.
International Security Assistance PL 94-329............. 1054
and Arms Export Control Act of
1976.
Arms export and import licenses PL 94-329 Sec 212(b).. 1055
control.
Arms sales....................... PL 94-329 Sec 201(b).. 1055
Expedited Senate procedure....... PL 94-329 Sec 601..... 1058
Extension of airport at PL 94-329 Sec 608..... 1060
Pinecreek, Minnesota.
Extortion and illegal payments... PL 94-329 Sec 607..... 1060
Indian Ocean, control of military PL 94-329 Sec 407..... 1056
forces, sense of Congress.
Indochina, assistance repeal..... PL 94-329 Sec 413..... 1057
Interim quarter authorization.... PL 94-329 Sec 506..... 1058
International Military Education PL 94-329 Sec 106..... 1054
and Training.
Lebanon, sense of Congress....... PL 94-329 Sec 410..... 1056
Mexico, human rights of PL 94-329 Sec 408..... 1056
imprisoned U.S. citizens.
Personnel use.................... PL 94-329 Sec 605..... 1060
Portugal, emergency food needs, PL 94-329 Sec 409..... 1056
sense of Congress.
Republic of Korea, sense of PL 94-329 Sec 412..... 1057
Congress.
Small business procurements...... PL 94-329 Sec 602..... 1060
International Security Assistance
Force
Expansion support................ PL 107-327 Sec 206(d). 761
International Tuberculosis Control PL 106-264............ 736
Act of 2000.
Findings......................... PL 106-264 Sec 202.... 736
Program oversight................ PL 106-264 Sec 301.... 737
International University for the
Americas
Establishment.................... PL 102-549 Sec 604(b). 922
Faculty, students and curriculum. PL 102-549 Sec 604(c). 922
Funding.......................... PL 102-549 Sec 604(e). 922
Purpose.......................... PL 102-549 Sec 604(a). 922
Report........................... PL 102-549 Sec 604(d). 922
Involuntary sterilization
Funding prohibition.............. PL 110-161 Sec 618.... 1293
PL 111-8 Sec 7018..... 1145
Iran
Democracy, the rule of law and PL 110-161 Sec 693.... 1340
governance.
Foreign aid
Prohibition against direct PL 109-102 Sec 507.... 1412
funding.
PL 111-8 Sec 7007..... 1137
Sanctions, report................ PL 111-8 Sec 7043..... 1165
Iran Freedom Support Act........... PL 109-293............ 602
Assistance to support democracy.. PL 109-293 Sec 302.... 603
Democracy policy declaration..... PL 109-293 Sec 301.... 603
Money laundering for weapons of PL 109-293 Sec 501.... 605
mass destruction prevention.
Nuclear nonproliferation PL 109-293 Sec 401.... 604
facilitation policy, sense of
Congress.
Sanctions codification........... PL 109-293 Sec 101.... 602
Iraq
Benefits for U.S. hostages....... PL 101-513 Sec 599C... 1562
Coalition Provisional Authority PL 108-106 Sec 2208... 1482
in Iraq.
Consular operations.............. PL 110-161 Sec 116.... 1258
Foreign aid
Appropriations, 2006........... PL 109-102 Sec 534(a). 1426
Iraq--Continued
Foreign aid--Continued
Appropriations, 2006--Continued
PL 109-102 Title II... 1392
Appropriations, 2008........... PL 110-252 Sec 1402... 1234
Appropriations, 2009........... PL 111-8 Sec 7034..... 1156
PL 111-8 Sec 7042..... 1165
PL 111-32 Sec 1106.... 1213
Inspector General for Iraq PL 108-106 Sec 3001... 1483
Reconstruction.
Prohibition.................... PL 110-161 Sec 699K... 1347
Reports........................ PL 108-106 Sec 1120... 1477
PL 108-106 Sec 2207... 1481
PL 108-106 Sec 2215... 1482
Rescission..................... PL 110-252 Sec 1410(b) 1243
Government Accountability Office PL 110-28 Sec 3804.... 1361
oversight.
Inspector General oversight...... PL 110-28 Sec 3806.... 1361
International Military Education
and Training
Appropriations, 2009........... PL 111-32 Title XI.... 1206
Iraq Relief and Reconstruction
Fund
Appropriations, 2006........... PL 108-106 Title II... 1479
PL 109-234 Sec 1302... 1376
PL 109-234 Sec 1306... 1378
Limitation on basing............. PL 110-161 Sec 680.... 1333
Reconstruction oversight
Appropriations, 2006........... PL 109-102 Sec 599.... 1465
U.S. strategy and benchmarks of PL 110-28 Sec 1314.... 1353
performance.
Iraq Accountability Appropriations PL 110-28............. 1350
Act, 2007.
Anti-terrorism................... PL 110-28 Title I..... 1357
PL 110-28 Title III... 1359
Child Survival and Health PL 110-28 Title I..... 1355
Programs Fund.
Civilian Reserve Corps........... PL 110-28 Sec 3810.... 1363
Debt restructuring............... PL 110-28 Sec 3803.... 1360
Demining......................... PL 110-28 Title I..... 1357
PL 110-28 Title III... 1359
Democracy Fund................... PL 110-28 Title I..... 1356
PL 110-28 Title III... 1358
Disaster and famine assistance... PL 110-28 Title I..... 1355
PL 110-28 Title III... 1358
Eastern Europe and the Baltic PL 110-28 Title I..... 1356
States.
Economic Support Fund............ PL 110-28 Title I..... 1356
PL 110-28 Title III... 1358
Emergency needs requirement...... PL 110-28 Sec 10002... 1364
Foreign Military Financing....... PL 110-28 Title I..... 1357
PL 110-28 Title III... 1359
Funding tables, reports and PL 110-28 Sec 3807.... 1362
directives.
Funds authorization.............. PL 110-28 Sec 1601.... 1357
Government Accountability Office. PL 110-28 Sec 3804.... 1361
Human Rights and Democracy Fund.. PL 110-28 Sec 3805.... 1361
International affairs technical PL 110-28 Title I..... 1357
assistance.
Iraq and Afghanistan Inspector PL 110-28 Sec 3806.... 1361
General oversight.
Law enforcement.................. PL 110-28 Title III... 1358
Lebanon.......................... PL 110-28 Sec 3802.... 1359
Migration and refugee assistance. PL 110-28 Title I..... 1356
PL 110-28 Title III... 1359
Narcotics control and law PL 110-28 Title I..... 1356
enforcement.
PL 110-28 Title III... 1358
Nonproliferation................. PL 110-28 Title I..... 1357
PL 110-28 Title III... 1359
Oversight authority extension.... PL 110-28 Sec 3801.... 1359
Pakistan conditions on assistance PL 110-28 Sec 3809.... 1362
Peacekeeping operations.......... PL 110-28 Title I..... 1357
Iraq Accountability Appropriations
Act, 2007--Continued
Peacekeeping operations--
Continued
PL 110-28 Title III... 1359
Progress in Iraq, findings....... PL 110-28 Sec 1314.... 1350
Reports to Congress.............. PL 110-28 Sec 1314.... 1350
Spending plan and notification PL 110-28 Sec 3808.... 1362
procedures.
Statement of appropriations...... PL 110-28 Sec 3....... 1350
Technical amendment.............. PL 110-28 Sec 6801.... 1363
Transfer of funds................ PL 110-28 Sec 1313.... 1350
United States Agency for PL 110-28 Title I..... 1355
International Development.
PL 110-28 Title III... 1358
United States Emergency Refugee PL 110-28 Title I..... 1357
and Migration Assistance Fund.
PL 110-28 Title III... 1359
Iraq Relief and Reconstruction Fund
Appropriations, 2004............. PL 108-106 Title II... 1479
Report........................... PL 108-106 Sec 2207... 1481
Iraq Sanctions Act of 1990
Benefits for U.S. hostages in PL 101-513 Sec 599C... 1562
Iraq, Kuwait and Lebanon.
Ireland
International Fund for Ireland
Appropriations, 2006........... PL 109-102 Title II... 1393
Appropriations, 2008........... PL 110-161 Title III.. 1270
Appropriations, 2009........... PL 111-8 Title III.... 1120
Israel
Air base construction
Authorization.................. PL 87-195 Sec 561..... 299
PL 87-195 Sec 562..... 300
Utilization of funds........... PL 87-195 Sec 562..... 300
Arab League boycott.............. PL 109-102 Sec 535.... 1430
PL 110-161 Sec 635.... 1303
PL 111-8 Sec 7035..... 1159
Arms export control
Assessment of qualitative PL 110-429 Sec 201.... 559
military edge over military
threats.
Memorandum of understanding.... PL 110-429 Sec 202.... 559
Sales from stocks.............. PL 90-629 Sec 21...... 446
Arms sales
Assessment of qualitative PL 110-429 Sec 201.... 559
military edge over military
threats.
Memorandum of understanding.... PL 110-429 Sec 202.... 559
Arms sales policy statement...... PL 95-92 Sec 26....... 1049
Economic development............. PL 99-83 Sec 202(a)... 939
Energy cooperation with United
States
Authorization.................. PL 110-140 Sec 917(d). 571
Findings....................... PL 110-140 Sec 917(a). 569
Grant program.................. PL 110-140 Sec 917(b). 569
Termination.................... PL 110-140 Sec 917(c). 571
External debt burden............. PL 97-113 Sec 723..... 1004
Foreign aid
Appropriations, 2006........... PL 109-102 Title II... 1391
Participation of other PL 94-161 Sec 322..... 1063
countries.
Foreign Military Financing
Appropriations, 2009........... PL 111-8 Title IV..... 1129
PL 111-32 Title XI.... 1207
Israeli-Palestinian Peace, PL 109-446 Sec 10..... 600
Reconciliation and Democracy
Fund.
Loan guarantees
Authorization, 2003............ PL 87-195 Sec 226..... 118
PL 108-11 Title I..... 1493
Military sales financing......... PL 99-83 Sec 101(c)... 933
Negotiations with Egypt.......... PL 95-384 Sec 28...... 1046
Relations with Egypt............. PL 99-83 Sec 1206..... 985
Israeli Arab Scholarship Program
Appropriations, 2008............. PL 110-161 Title I.... 1253
Appropriations, 2009............. PL 111-8 Title I...... 1107
Italy
Disaster assistance.............. PL 87-195 Sec 495B.... 224
J
Jamaica
Drug control assistance.......... PL 99-83 Sec 610...... 947
Japan
Arms export control
Commercial and government PL 90-629 Sec 36...... 477
exports report.
Cooperative project eligibility PL 90-629 Sec 3....... 434
Sales from stocks.............. PL 90-629 Sec 21...... 446
Jerusalem
U.S. citizens born in............ PL 110-161 Sec 107.... 1256
Jobs Through Exports Act of 1992... PL 102-549............ 915
Aid, trade and competitiveness
Aid credit guarantees report... PL 102-549 Sec 307.... 918
Capital projects
Capital projects office...... PL 102-549 Sec 302.... 916
Environmental safety and PL 102-549 Sec 303.... 917
sustainability.
Funding...................... PL 102-549 Sec 306.... 918
Poverty alleviation.......... PL 102-549 Sec 303.... 917
Reports...................... PL 102-549 Sec 305.... 917
Coordination................... PL 102-549 Sec 304.... 917
Definitions.................... PL 102-549 Sec 308.... 918
Commercial Service Officers PL 102-549 Sec 701.... 922
increase.
Enterprise for the Americas PL 102-549 Sec 604.... 922
Initiative.
Impact on employment in the PL 102-549 Sec 801.... 923
United States.
International University for the PL 102-549 Sec 604.... 922
Americas.
Internationally recognized worker PL 102-549 Sec 802.... 923
rights.
Procurement officers............. PL 102-549 Sec 501.... 921
Trade and Development Program PL 102-549 Sec 202.... 915
renaming.
United States Commercial Centers. PL 102-549 Sec 401.... 918
Jobs Through Trade Expansion Act of
1994
Intellectual property protection PL 103-392 Sec 501.... 913
program.
Jordan
Debt relief, appropriations, 1994 PL 103-306 Title VI... 1549
Foreign aid
Appropriations, 2006........... PL 109-102 Title II... 1391
Appropriations, 2008........... PL 110-161 Title III.. 1268
PL 110-252 Sec 1413... 1244
Sense of Congress.............. PL 96-533 Sec 712..... 1022
Foreign Military Financing
Appropriations, 2009........... PL 111-32 Title XI.... 1207
Military sales................... PL 99-83 Sec 130...... 935
K
Kampuchea. See also Cambodia, Khmer
Rouge
Chemical and toxin weapons PL 97-113 Sec 716..... 1000
prohibition, sense of Congress.
Refugee crisis................... PL 96-53 Sec 509...... 1037
Kazakhstan
Foreign aid
Appropriations, 2008........... PL 110-161 Sec 698.... 1341
Appropriations, 2009........... PL 111-8 Sec 7075..... 1191
Kenneth M. Ludden Foreign
Operations, Export Financing and
Related Programs Appropriations
Act, 2002. See [Kenneth M. Ludden]
Foreign Operations, Export
Financing and Related Programs
Appropriations Act, 2002
Khmer Rouge
Assistance prohibition........... PL 99-83 Sec 906...... 982
Kleptocracy
Anti-kleptocracy provisions...... PL 110-161 Sec 699L... 1348
National Strategy to PL 111-8 Sec 7086..... 1197
Internationalize Efforts Against
Kleptocracy.
Korea, Democratic People's Republic
of. See North Korea
Korea, Republic of
Arms export control
Commercial and government PL 90-629 Sec 36...... 477
exports report.
Cooperative project eligibility PL 90-629 Sec 3....... 434
Sales from stocks.............. PL 90-629 Sec 21...... 446
Defense articles transfer........ PL 91-652 Sec 3....... 1078
Foreign aid
Defense articles transfer...... PL 91-652 Sec 3....... 1078
Sense of Congress.............. PL 94-329 Sec 412..... 1057
PL 95-92 Sec 28....... 1049
Security cooperation............. PL 110-429 Sec 203.... 560
Special security assistance PL 95-384 Sec 23...... 1044
program for the modernization of
armed forces.
U.S. policy...................... PL 99-83 Sec 908...... 983
War Reserves Stockpile for Allies PL 109-159............ 607
Authority to transfer items.... PL 109-159 Sec 1(a)... 607
Certification of materiel...... PL 109-159 Sec 1(b)... 607
Definition..................... PL 109-159 Sec 1(d)... 608
Termination of................. PL 109-159 Sec 1(c)... 608
Kuwait
U.S. hostages.................... PL 101-513 Sec 599C... 1562
Kyrgyz Republic
Foreign aid
Appropriations, 2008........... PL 110-161 Sec 698.... 1341
Appropriations, 2009........... PL 111-32 Title XI.... 1204
L
Labor, Department of
Trafficking victims protection PL 110-457 Sec 110.... 867
activities report.
Landmines
Demining......................... PL 109-102 Sec 546.... 1435
PL 110-161 Sec 646.... 1308
PL 111-8 Sec 7056..... 1177
Lantos, Tom. See HIV/AIDS
Laos
Adjustment of status for parolees PL 101-167 Sec 599E... 1579
Chemical and toxin weapons PL 97-113 Sec 716..... 1000
prohibition, sense of Congress.
Foreign aid limitation........... PL 93-189 Sec 31...... 1070
Indochina war funding prohibition PL 93-189 Sec 30...... 1070
Parolees......................... PL 106-429 Sec 586.... 1499
Refugee crisis................... PL 96-53 Sec 509...... 1037
Latin America. See also individual
countries
Economic development programs.... PL 87-195 Sec 222A(d). 110
Enterprise for the Americas
Initiative
Benefits eligibility........... PL 87-195 Sec 703..... 409
Board.......................... PL 87-195 Sec 709..... 414
Debt reduction................. PL 87-195 Sec 704..... 410
Definitions.................... PL 87-195 Sec 702..... 409
Framework agreements........... PL 87-195 Sec 708..... 412
Latin America--Continued
Enterprise for the Americas
Initiative--Continued
Funds.......................... PL 87-195 Sec 707..... 411
Interest on new obligations.... PL 87-195 Sec 706..... 411
Principal repayment............ PL 87-195 Sec 705..... 411
Purpose........................ PL 87-195 Sec 701..... 408
Reports to Congress............ PL 87-195 Sec 710..... 414
Foreign aid
Comprehensive reports.......... PL 99-83 Sec 709...... 959
Sense of Congress.............. PL 96-53 Sec 125...... 1029
Modernization of military
capabilities
Appropriations, 1990........... PL 101-167 Sec 573.... 1573
Regional Narcotics Control PL 99-83 Sec 615...... 950
Organization.
Reports on foreign debt.......... PL 99-83 Sec 719...... 963
Latvia
Adjustment of status for parolees PL 101-167 Sec 599E... 1579
Law enforcement. See also Security
forces
Appropriations, 2006............. PL 109-102 Title II... 1397
PL 109-234 Title I.... 1375
Appropriations, 2007............. PL 110-28 Title I..... 1356
PL 110-28 Title III... 1358
Appropriations, 2008............. PL 110-161 Title III.. 1274
PL 110-252 Title I.... 1230
...................... 1233
...................... 1234
Appropriations, 2009............. PL 111-8 Sec 7034(e).. 1158
PL 111-32 Title XI.... 1205
Community-based police assistance PL 109-102 Sec 564.... 1447
PL 110-161 Sec 661.... 1320
PL 111-8 Sec 7047..... 1174
Extradition of individuals PL 109-102 Sec 581.... 1455
accused of killing a law
enforcement officer.
Least developed countries
Authorization, 1989.............. PL 87-195 Sec 124..... 87
PL 100-461 Sec 572.... 1581
Lebanon
Beirut International Airport PL 99-83 Sec 551(c)... 946
closing, sense of Congress.
Benefits for U.S. hostages PL 101-513 Sec 599C... 1562
captured in.
Disaster assistance.............. PL 87-195 Sec 495C.... 225
PL 87-195 Sec 495J.... 229
Earmarking unobligated balances PL 96-53 Sec 501...... 1036
in Middle East Special
Requirements Fund.
Foreign aid
Appropriations, 2006........... PL 109-102 Sec 534(a). 1426
PL 109-102 Title II... 1392
Appropriations, 2009........... PL 111-8 Sec 7034..... 1156
PL 111-8 Sec 7044..... 1166
Limitations.................... PL 110-28 Sec 3802.... 1359
Sense of Congress.............. PL 94-329 Sec 410..... 1056
PL 97-113 Sec 715..... 999
Syria Accountability and Lebanese PL 108-175............ 649
Sovereignty Restoration Act of
2003.
Less developed countries
Arms export controls............. PL 90-629 Sec 35...... 477
Liberia
Elections in..................... PL 99-83 Sec 807...... 978
Library of Congress
Appropriations, 2009............. PL 111-8 Sec 7034(i).. 1158
Libya
Condemnation for support of PL 97-113 Sec 718..... 1001
terrorist movements.
Foreign aid prohibition.......... PL 110-161 Sec 654.... 1314
International Military Education PL 111-8 Title IV..... 1128
and Training, appropriations,
2009.
Libya--Continued
Prohibition against direct PL 109-102 Sec 507.... 1412
funding.
Lithuania
Adjustment of status for parolees PL 101-167 Sec 599E... 1579
Loan guarantees
Israel........................... PL 87-195 Sec 226..... 118
Ludden, Kenneth M. See [Kenneth M.
Ludden] Foreign Operations, Export
Financing and Related Programs
Appropriations Act, 2002
M
Malaria
International Malaria Control Act PL 106-570............ 723
American University in PL 106-570 Sec 503.... 726
Bulgaria, sense of Congress.
Findings....................... PL 106-570 Sec 102.... 723
Vessel towing assistance....... PL 106-570 Sec 502.... 725
Programs assistance.............. PL 87-195 Sec 104(c).. 34
PL 87-195 Sec 104C.... 61
Tom Lantos and Henry J. Hyde PL 110-293............ 719
United States Global Leadership
Against HIV/AIDS, Tuberculosis,
and Malaria Reauthorization Act
of 2008.
Appropriations................. PL 110-293 Sec 401.... 721
Transmission prevention........ PL 110-293 Sec 203.... 719
Vaccine development............ PL 110-293 Sec 206.... 720
United States Leadership Against PL 108-25............. 657
HIV/AIDS, Tuberculosis and
Malaria Act of 2003.
Allocation of funds............ PL 108-25 Sec 403..... 714
Annual study................... PL 108-25 Sec 101(g).. 681
Authorization, 2004............ PL 108-25 Sec 503..... 717
Authorization, 2008-2012....... PL 108-25 Sec 401..... 711
Definitions.................... PL 108-25 Sec 3....... 666
Evaluation of progress......... PL 108-25 Sec 101(c).. 677
Expansion of debt relief report PL 108-25 Sec 502..... 717
Family survival partnerships PL 108-25 Sec 315..... 709
pilot program.
Findings....................... PL 108-25 Sec 2....... 658
Global AIDS Coordinator message PL 108-25 Sec 101(h).. 681
Global Fund to Fight Aids, PL 108-25 Sec 202..... 684
Tuberculosis and Malaria.
Global strategy development.... PL 108-25 Sec 101(a).. 668
HIV/AIDS Response Coordinator PL 108-25 Sec 102..... 681
position.
Injection safety strategies.... PL 108-25 Sec 306..... 703
Inspectors General plan........ PL 108-25 Sec 101(f).. 680
Malaria........................ PL 108-25 Sec 303..... 697
Malaria Response Coordinator... PL 108-25 Sec 304..... 699
Public-private partnerships, PL 108-25 Sec 201..... 684
sense of Congress.
Purpose........................ PL 108-25 Sec 4....... 667
Reports........................ PL 108-25 Sec 5....... 668
PL 108-25 Sec 101(b).. 673
PL 108-25 Sec 101(d).. 679
PL 108-25 Sec 101(e).. 679
PL 108-25 Sec 305..... 702
PL 108-25 Sec 307..... 703
Strengthening health policies PL 108-25 Sec 204..... 692
and systems.
Women, children and families PL 108-25 Sec 311..... 704
assistance.
PL 108-25 Sec 312..... 705
Malaria programs. See also HIV/AIDS
Appropriations, 2006............. PL 109-102 Sec 598.... 1464
Malaria programs--Continued
Appropriations, 2006--Continued
PL 109-102 Title II... 1383
Market Development Cooperator
Program
United States Commercial Centers PL 102-549 Sec 401(h). 920
assistance.
Medical technology
HIV/AIDS pharmaceuticals and EO 13155.............. 739
medical technologies.
Policy......................... EO 13155 Sec 1........ 739
Rationale...................... EO 13155 Sec 2........ 739
Scope.......................... EO 13155 Sec 3........ 740
Mexican Debt Disclosure Act of 1995 PL 104-6.............. 1545
Definitions...................... PL 104-6 Sec 407...... 1547
Findings......................... PL 104-6 Sec 402...... 1545
Presidential reports............. PL 104-6 Sec 403...... 1545
Reports, termination of.......... PL 104-6 Sec 405...... 1547
Secretary of the Treasury reports PL 104-6 Sec 404...... 1546
Swap of currencies, Presidential PL 104-6 Sec 406...... 1547
certification.
Mexico
Facilitating international PL 99-83 Sec 717...... 962
commerce.
Foreign aid
Appropriations, 2008........... PL 110-252 Sec 1406... 1239
Appropriations, 2009........... PL 111-8 Sec 7045(e).. 1167
Foreign Military Financing
Appropriations, 2009........... PL 111-32 Title XI.... 1206
Human rights of imprisoned U.S. PL 94-329 Sec 408..... 1056
citizens.
International Boundary and Water
Commission
Appropriations, 2008........... PL 110-161 Sec 117.... 1258
PL 110-161 Title I.... 1251
Appropriations, 2009........... PL 110-329 Title I.... 1226
PL 111-8 Title I...... 1105
Microenterprise development
assistance
Credits
Eligibility criteria........... PL 87-195 Sec 256(c).. 160
Findings and policy............ PL 87-195 Sec 256(a).. 159
Funds availability............. PL 87-195 Sec 256(f).. 161
Procurement provision.......... PL 87-195 Sec 256(e).. 161
Program........................ PL 87-195 Sec 256(b).. 160
Requirements................... PL 87-195 Sec 256(d).. 161
Definitions...................... PL 87-195 Sec 259..... 165
Grants
Authorities.................... PL 87-195 Sec 255..... 159
Authorization.................. PL 87-195 Sec 252(a).. 156
Findings and policy............ PL 87-195 Sec 251..... 155
Implementation................. PL 87-195 Sec 252(b).. 157
Monitoring system.............. PL 87-195 Sec 253..... 158
Poverty measurement methods.... PL 87-195 Sec 254..... 158
Targeted assistance............ PL 87-195 Sec 252(c).. 157
United States Microfinance Loan
Facility
Disbursements.................. PL 87-195 Sec 257(b).. 163
Establishment.................. PL 87-195 Sec 257(a).. 162
Funding........................ PL 87-195 Sec 257(d).. 164
Provisions..................... PL 87-195 Sec 257(c).. 163
Middle East. See also individual
countries
Broadcasting transparency PL 111-8 Sec 7041..... 1164
requirements.
Center for Middle Eastern-Western
Dialogue Trust Fund
Appropriations, 2008........... PL 110-161 Title I.... 1252
Appropriations, 2009........... PL 111-8 Title I...... 1107
Economic assistance
Appropriations, 2006........... PL 109-102 Title II... 1392
Economic development............. PL 99-83 Sec 202...... 939
Middle East--Continued
Peace efforts, sense of Congress. PL 96-533 Sec 711..... 1022
Middle East Foundation
Appropriations, 2009............. PL 111-8 Sec 7034(n).. 1159
Middle East Special Requirements
Fund
Earmarking unobligated balances PL 96-53 Sec 501...... 1036
for Lebanon.
Middle Eastern-Western Dialogue
Trust Fund
Appropriations, 2007............. PL 109-289 Sec 20942.. 1371
Migration assistance
Appropriations, 2006............. PL 109-102 Title II... 1397
PL 109-234 Title I.... 1376
Appropriations, 2007............. PL 110-28 Title I..... 1356
PL 110-28 Title III... 1359
Appropriations, 2008............. PL 110-161 Title III.. 1276
PL 110-252 Title I.... 1230
...................... 1233
Appropriations, 2009............. PL 111-8 Title III.... 1124
PL 111-32 Title XI.... 1205
United States Emergency Refugee
and Migration Assistance Fund
Appropriations, 2006........... PL 109-102 Title II... 1397
Appropriations, 2007........... PL 110-28 Title I..... 1357
Appropriations, 2008........... PL 110-161 Title III.. 1277
PL 110-252 Title I.... 1230
Appropriations, 2009........... PL 111-8 Title III.... 1124
Military assistance. See also
Individual countries
Africa
Appropriations, 2009........... PL 111-8 Sec 7070..... 1183
Annual report.................... PL 87-195 Sec 655..... 394
Authorization.................... PL 87-195 Sec 504..... 266
Bahrain, Stingers transfer....... PL 101-167 Sec 581.... 1574
Cambodia, prohibition............ PL 91-652 Sec 7....... 1079
Colombia, appropriations, 2009... PL 111-8 Sec 7046(b).. 1171
Commercial leasing of defense PL 109-102 Sec 510.... 1413
articles.
PL 110-161 Sec 610.... 1288
PL 111-8 Sec 7085..... 1197
Commitments...................... PL 87-195 Sec 650..... 392
Conditions of eligibility........ PL 87-195 Sec 505..... 266
Considerations................... PL 87-195 Sec 511..... 275
Designation of major non-NATO PL 87-195 Sec 517..... 284
allies.
El Salvador
Aircraft for aerial warfare.... PL 98-151 Sec 101(b).. 991
PL 99-83 Sec 702(d)... 954
Restrictions................... PL 97-113 Sec 728..... 1007
Excess defense articles for PL 109-102 Sec 571.... 1451
Central and South European
countries.
PL 110-161 Sec 669.... 1327
Excess defense articles transfer PL 87-195 Sec 516..... 280
authority.
Excess defense equipment PL 109-102 Sec 524.... 1421
notification.
PL 110-161 Sec 624.... 1295
Foreign Military Financing
Appropriations, 2006........... PL 109-102 Title II... 1405
Appropriations, 2007........... PL 110-28 Title I..... 1357
PL 110-28 Title III... 1359
Appropriations, 2008........... PL 110-161 Title III.. 1280
PL 110-252 Title I.... 1231
...................... 1234
Appropriations, 2009........... PL 111-8 Title IV..... 1129
PL 111-32 Title XI.... 1206
Reporting...................... PL 109-102 Sec 584.... 1456
PL 110-161 Sec 678.... 1332
Funds use limitation............. PL 93-189 Sec 31...... 1070
General authority................ PL 87-195 Sec 503..... 264
Guatemala........................ PL 99-83 Sec 703(a)... 955
Military assistance--Continued
Haiti............................ PL 99-529 Sec 203..... 929
Indochina war prohibition........ PL 93-189 Sec 30...... 1070
International Military Education
and Training
Appropriations, 2006........... PL 109-102 Title II... 1404
Appropriations, 2008........... PL 110-161 Title III.. 1279
Appropriations, 2009........... PL 111-8 Title IV..... 1128
PL 111-32 Title XI.... 1206
International Security Assistance PL 95-92.............. 1047
Act of 1977.
Arms sales controls review..... PL 95-92 Sec 27....... 1049
Authorization, 1977............ PL 95-92 Sec 21....... 1048
Egypt, sense of Congress....... PL 95-92 Sec 9........ 1047
Israel, arms sales policy PL 95-92 Sec 26....... 1049
statement.
Piaster conversion............. PL 95-92 Sec 29....... 1049
Republic of Korea, sense of PL 95-92 Sec 28....... 1049
Congress.
Technology transfers study..... PL 95-92 Sec 24....... 1048
International Security Assistance PL 95-384............. 1043
Act of 1978.
Eastern Mediterranean.......... PL 95-384 Sec 13...... 1043
Israel and Egypt negotiations.. PL 95-384 Sec 28...... 1046
Republic of Korea, PL 95-384 Sec 23...... 1044
modernization of armed forces.
Savings provision.............. PL 95-384 Sec 30...... 1046
United States-Republic of China PL 95-384 Sec 26...... 1045
Mutual Defense Treaty.
International Security Assistance PL 94-329............. 1054
and Arms Export Control Act of
1976.
Arms export and import licenses PL 94-329 Sec 212(b).. 1055
control.
Arms sales..................... PL 94-329 Sec 201(b).. 1055
Expedited Senate procedure..... PL 94-329 Sec 601..... 1058
Extension of airport at PL 94-329 Sec 608..... 1060
Pinecreek, Minnesota.
Extortion and illegal payments. PL 94-329 Sec 607..... 1060
Indian Ocean, control of PL 94-329 Sec 407..... 1056
military forces, sense of
Congress.
Indochina, assistance repeal... PL 94-329 Sec 413..... 1057
Interim quarter authorization.. PL 94-329 Sec 506..... 1058
International Military PL 94-329 Sec 106..... 1054
Education and Training.
Lebanon, sense of Congress..... PL 94-329 Sec 410..... 1056
Mexico, human rights of PL 94-329 Sec 408..... 1056
imprisoned U.S. citizens.
Personnel use.................. PL 94-329 Sec 605..... 1060
Republic of Korea, sense of PL 94-329 Sec 412..... 1057
Congress.
Small business procurements.... PL 94-329 Sec 602..... 1060
Iraq and Afghanistan, report to PL 108-106 Sec 1120... 1477
Congress.
Overseas management of assistance PL 87-195 Sec 515..... 279
and sales programs.
Special authority................ PL 87-195 Sec 506..... 271
Military sales. See Foreign
military sales
Millennium Challenge Act of 2003... PL 108-9.............. 623
Annual report.................... PL 108-9 Sec 613...... 635
Authorization.................... PL 108-9 Sec 605...... 626
Authorization, 2004 and 2005..... PL 108-9 Sec 619...... 639
Candidate countries.............. PL 108-9 Sec 606...... 627
PL 108-9 Sec 616...... 638
Congressional and public PL 108-9 Sec 610...... 633
notification of Compact.
Congressional and public PL 108-9 Sec 608...... 630
notification of eligible and
candidate countries.
Definitions...................... PL 108-9 Sec 603...... 623
Disclosure....................... PL 108-9 Sec 612...... 634
Millennium Challenge Act of 2003--
Continued
Eligible countries............... PL 108-9 Sec 607...... 628
Millennium Challenge Compact..... PL 108-9 Sec 609...... 631
Millennium Challenge Corporation
Establishment and management... PL 108-9 Sec 604...... 624
Powers......................... PL 108-9 Sec 614...... 636
Personnel........................ PL 108-9 Sec 617...... 638
PL 108-9 Sec 618...... 639
Purposes......................... PL 108-9 Sec 602...... 623
Suspension and termination of PL 108-9 Sec 611...... 634
assistance.
United States Agency for PL 108-9 Sec 615...... 637
International Development,
coordination with.
Millennium Challenge Corporation
Appropriations, 2006............. PL 109-102 Title II... 1396
Appropriations, 2008............. PL 110-161 Sec 699I... 1346
PL 110-161 Title III.. 1272
Appropriations, 2009............. PL 111-8 Title III.... 1125
Appropriations report............ PL 111-8 Sec 7057..... 1178
Minorities
Development assistance set-aside. PL 99-83 Sec 315...... 943
Minority-owned businesses
Foreign assistance activities PL 95-88 Sec 133...... 1051
participation.
OPIC projects.................... PL 100-461 Sec 109.... 924
Miscellaneous appropriations, 2000. PL 106-113............ 1524
Cost of U.S. participation in PL 106-113 Sec 504(b). 1527
International Monetary Fund,
report.
Debt relief...................... PL 106-113 Sec 501.... 1524
International Monetary Fund
Enhanced Structural Adjustment PL 106-113 Sec 504(c). 1527
Facility.
Gold sales....................... PL 106-113 Sec 504(d). 1528
Operational budgets.............. PL 106-113 Sec 504(a). 1527
Multilateral debt relief funding. PL 106-113 Sec 503.... 1527
Missile Technology Control Regime
Authorities...................... PL 90-629 Sec 73B..... 536
Definitions...................... PL 90-629 Sec 74...... 536
Denial of transfer by U.S. PL 90-629 Sec 72...... 531
persons.
Licensing........................ PL 90-629 Sec 71...... 529
Notification of admittance PL 90-629 Sec 73A..... 536
of adherents.
Transfers by foreign persons..... PL 90-629 Sec 73...... 532
Missing in action individuals
Indochina conflict, sense of PL 93-189 Sec 34...... 1071
Congress.
Modernization of capabilities
Appropriations, 1990............. PL 101-167 Sec 573.... 1572
Money laundering
Iranian activities for weapons of PL 109-293 Sec 501.... 605
mass destruction.
Montenegro
Foreign aid
Appropriations, 2006........... PL 109-102 Sec 534(a). 1426
Appropriations, 2009........... PL 111-8 Sec 7034..... 1156
Sanctions, restrictions on PL 104-208 Sec 540.... 1537
termination of.
Mozambique, People's Republic of
Assistance for................... PL 99-83 Sec 813...... 979
Independence policy.............. PL 93-559 Sec 50...... 1066
Multilateral development banks
Inspection panel................. PL 110-161 Sec 699H... 1346
Reform........................... PL 111-32 Sec 1112.... 1215
Strengthening procedures for PL 106-429 Sec 802.... 1503
monitoring use of funds.
Multilateral Investment
Guarantee Agency
Appropriations, 2006............. PL 109-102 Title II... 1407
N
Narcotics. See Drug control
National Endowment for Democracy
Appropriations, 2009............. PL 111-8 Title I...... 1107
National Security Council
Reorganization................... PL 110-140 Sec 932.... 579
National Solidarity Program
Afghanistan
Appropriations, 2009........... PL 111-32 Sec 1102(g). 1210
NATO. See North Atlantic Treaty
Organization
Natural resources. See Environment
programs
Naval Vessel Transfer Act of 2008.. PL 110-429............ 558
Foreign recipients............... PL 110-429 Sec 102.... 558
Israel
Assessment of qualitative PL 110-429 Sec 201.... 559
military edge over military
threats.
Memorandum of understanding.... PL 110-429 Sec 202.... 559
Korea, Republic of
Security cooperation........... PL 110-429 Sec 203.... 560
Naval Vessels Transfer Act of 2005. PL 109-134............ 609
Authority expiration............. PL 109-134 Sec 7...... 610
Costs of transfers............... PL 109-134 Sec 5...... 609
Grants not counted in total of PL 109-134 Sec 4...... 609
transferred excess defense
articles.
Repair and refurbishment in U.S. PL 109-134 Sec 6...... 610
shipyards.
Transfers
By grant....................... PL 109-134 Sec 2...... 609
By sale........................ PL 109-134 Sec 3...... 609
Nepal
Appropriations, 2006............. PL 109-102 Sec 592.... 1462
Appropriations, 2009............. PL 111-8 Title IV..... 1128
New Zealand
Arms export control
Commercial and government PL 90-629 Sec 36...... 477
exports report.
Cooperative project eligibility PL 90-629 Sec 3....... 434
Sales from stocks.............. PL 90-629 Sec 21...... 446
Nicaragua
Central America peace process.... PL 99-83 Sec 722(k)... 971
Conflict resolution failure PL 99-83 Sec 722(q)... 973
statement.
Conflict settlement.............. PL 99-83 Sec 722(a)... 964
PL 99-83 Sec 722(c)... 966
Congressional rulemaking powers.. PL 99-83 Sec 722(u)... 974
Consultation with Congress....... PL 99-83 Sec 722(m)... 972
PL 99-83 Sec 722(r)... 973
Contadora Agreement.............. PL 99-83 Sec 722(h)... 970
Disaster assistance.............. PL 87-195 Sec 494..... 223
Food aid......................... PL 99-83 Sec 722(f)... 970
Foreign aid policies............. PL 96-533 Sec 119..... 1014
PL 97-113 Sec 724..... 1004
Limitation on use of funds..... PL 99-83 Sec 722(e)... 970
Military assistance prohibition PL 96-533 Sec 119..... 1014
Military operations prohibition PL 99-83 Sec 722(d)... 969
Foreign and domestic policies PL 99-83 Sec 722(b)... 965
concerns.
House procedures................. PL 99-83 Sec 722(n)... 972
Humanitarian assistance.......... PL 99-83 Sec 722(g)... 970
Progress statement............... PL 99-83 Sec 722(l)... 972
Reports.......................... PL 99-83 Sec 722(j)... 971
Senate procedures................ PL 99-83 Sec 722(o)... 973
U.S. policies.................... PL 99-83 Sec 722(i)... 970
Nigeria
International Military Education PL 111-8 Title IV..... 1128
and Training, appropriations,
2009.
Nongovernmental organizations
Appropriations, 2009............. PL 111-8 Sec 7034(k).. 1159
Documentation requirements....... PL 109-102 Sec 541.... 1433
Nonproliferation. See Nuclear
nonproliferation controls,
Biological weapons, Chemical
weapons, Export controls
North Atlantic Treaty Organization
Arms export control
Cooperative projects........... PL 90-629 Sec 27...... 466
Eligibility.................... PL 90-629 Sec 3....... 434
Report......................... PL 90-629 Sec 36...... 477
Sales.......................... PL 90-629 Sec 21...... 446
Conventional Forces in Europe
Treaty, limited equipment
transfer to members
Authorities.................... PL 90-629 Sec 93...... 542
Definitions.................... PL 90-629 Sec 95...... 543
Notifications.................. PL 90-629 Sec 94(a)... 543
Purpose........................ PL 90-629 Sec 91...... 541
PL 90-629 Sec 92...... 542
Reports to Congress............ PL 90-629 Sec 94(b)... 543
North Korea
Foreign aid
Appropriations, 2009........... PL 111-8 Sec 7071(e).. 1187
Prohibition against direct PL 109-102 Sec 507.... 1412
funding.
PL 111-8 Sec 7007..... 1137
Report......................... PL 104-208 Sec 585.... 1543
Waiver of certain sanctions.... PL 110-252 Sec 1405... 1237
Foreign assistance prohibitions.. PL 87-195 Sec 620(f).. 333
North Korean Human Rights Act of PL 108-333............ 769
2004.
Annual reports concerning PL 108-333 Sec 305.... 780
refugees.
Assistance provided
Inside country................. PL 108-333 Sec 202.... 776
Outside country................ PL 108-333 Sec 203.... 776
Definitions...................... PL 108-333 Sec 5...... 772
Findings......................... PL 108-333 Sec 3...... 769
Freedom of information promotion. PL 108-333 Sec 104.... 774
Negotiations, sense of Congress.. PL 108-333 Sec 101.... 773
Programs support................. PL 108-333 Sec 102.... 773
Purposes......................... PL 108-333 Sec 4...... 772
Radio broadcasting............... PL 108-333 Sec 103.... 773
Refugees......................... PL 108-333 Sec 303.... 779
Refugees or asylum eligibility. PL 108-333 Sec 302.... 779
U.S. policy.................... PL 108-333 Sec 301.... 778
Regional framework establishment. PL 108-333 Sec 106.... 774
Report on U.S. assistance........ PL 108-333 Sec 201.... 776
Special envoy.................... PL 108-333 Sec 107.... 775
United Nations Commission on PL 108-333 Sec 105.... 774
Human Rights.
United Nations High Commissioner PL 108-333 Sec 304.... 779
for Refugees.
North Korean Human Rights PL 110-346............ 782
Reauthorization Act of 2008.
Findings......................... PL 110-346 Sec 2...... 782
Radio broadcasting............... PL 110-346 Sec 6...... 784
Sense of Congress................ PL 110-346 Sec 3...... 783
North Vietnam
Foreign aid funds use limitation. PL 93-189 Sec 31...... 1070
Nuclear nonproliferation controls
Appropriations, 2006............. PL 109-102 Sec 599A... 1465
PL 109-102 Title II... 1402
Appropriations, 2007............. PL 109-289 Sec 20316.. 1368
PL 110-28 Title I..... 1357
PL 110-28 Title III... 1359
Appropriations, 2008............. PL 110-161 Title III.. 1277
PL 110-252 Title I.... 1230
...................... 1234
Appropriations, 2009............. PL 111-8 Title III.... 1123
Nuclear nonproliferation controls--
Continued
Appropriations, 2009--Continued
PL 111-32 Title XI.... 1205
Authorization.................... PL 87-195 Sec 582..... 304
Authorization, 2003.............. PL 87-195 Sec 586..... 307
Detonations...................... PL 90-629 Sec 102..... 545
Enrichment transfers............. PL 90-629 Sec 101..... 544
Illegal exports of explosive PL 90-629 Sec 102..... 545
devices.
Iran, sense of Congress.......... PL 109-293 Sec 401.... 604
Limitations...................... PL 87-195 Sec 585..... 306
Nuclear explosive device PL 90-629 Sec 103..... 552
definition.
Nuclear facilities restriction on PL 99-83 Sec 207...... 942
use of funds.
Purposes......................... PL 87-195 Sec 581..... 304
Reprocessing transfers........... PL 90-629 Sec 102..... 545
South Asia policy................ PL 87-195 Sec 620F.... 349
Training......................... PL 87-195 Sec 584..... 306
Transfers of explosive devices... PL 90-629 Sec 102..... 545
Transit interdiction............. PL 87-195 Sec 583..... 305
Nuclear weapons
Foreign aid prohibitions......... PL 90-629 Sec 101..... 544
PL 90-629 Sec 102..... 545
PL 97-113 Sec 737..... 1011
Foreign aid report............... PL 97-113 Sec 735..... 1010
Non-proliferation support........ PL 96-53 Sec 507...... 1037
Threat reduction and security PL 110-161 Sec 699M... 1348
plan report.
Nutrition programs
Foreign aid
Authorization, 1986 and 1987... PL 87-195 Sec 103(a).. 29
PL 87-195 Sec 103(b).. 30
PL 87-195 Sec 103(d).. 31
Findings....................... PL 87-195 Sec 103(c).. 30
PL 87-195 Sec 103(f).. 31
Local currency proceeds........ PL 87-195 Sec 103(e).. 31
U.S. participation in PL 87-195 Sec 103(g).. 31
International Fund for
Agricultural Development.
O
OAS. See Organization of American
States
Okinawa
Foreign aid funding prohibition.. PL 91-672 Sec 13...... 1082
OPIC. See Overseas Private
Investment Corporation
Organization of American States
Inter-American Drug Abuse Control
Commission
Appropriations, 1989........... PL 87-195 Sec 302(j).. 184
Overseas Private Investment
Corporation
Appropriations, 2009............. PL 111-8 Sec 7081..... 1194
Board of Directors............... PL 87-195 Sec 233(b).. 127
Capital.......................... PL 87-195 Sec 232..... 127
Creation, purpose and policy..... PL 87-195 Sec 231..... 122
Definitions...................... PL 87-195 Sec 238..... 146
Direct investment................ PL 87-195 Sec 234(c).. 132
PL 87-195 Sec 235..... 138
Economic development program PL 87-195 Sec 222A(f). 111
funds.
PL 87-195 Sec 222A(g). 111
Energy technologies promotion.... PL 110-140 Sec 914.... 565
Enhancing private political risk PL 87-195 Sec 234A.... 136
insurance industry.
Environmental impact............. PL 87-195 Sec 231A(b). 126
Financing program................ PL 87-195 Sec 237..... 142
Funds transfer................... PL 87-195 Sec 235..... 139
Overseas Private Investment
Corporation--Continued
General provisions............... PL 87-195 Sec 239..... 147
Global financial crisis PL 87-195 Sec 235..... 139
assistance.
Income and revenues.............. PL 87-195 Sec 236..... 141
Insurance
Functions...................... PL 87-195 Sec 234(f).. 133
Guaranty....................... PL 87-195 Sec 237..... 142
Investment Advisory Council...... PL 87-195 Sec 233(e).. 129
Investments
Encouragement.................. PL 87-195 Sec 234(d).. 132
Guaranties..................... PL 87-195 Sec 234(b).. 131
Insurance...................... PL 87-195 Sec 234(a).. 129
Issuing authority................ PL 87-195 Sec 235..... 138
Local currency guaranties........ PL 87-195 Sec 234(h).. 136
Noncompetitive awarding of PL 87-195 Sec 240B.... 154
insurance contracts on supported
exports, prohibition.
Noncredit account
Appropriations, 2006........... PL 109-102 Title I.... 1382
Authorization, 2009............ PL 87-195 Sec 235..... 139
PL 110-161 Title II... 1260
PL 111-8 Title VI..... 1134
Officers and staff............... PL 87-195 Sec 233(d).. 128
Organization and management...... PL 87-195 Sec 233..... 127
Pilot Equity Finance Program..... PL 87-195 Sec 234(g).. 134
Powers........................... PL 87-195 Sec 239..... 147
President........................ PL 87-195 Sec 233(c).. 128
Program account
Appropriations, 2000........... PL 106-113 Title I.... 1516
Appropriations, 2006........... PL 109-102 Title I.... 1382
Appropriations, 2008........... PL 110-161 Sec 677.... 1332
PL 110-161 Title II... 1261
Authorization, 2009............ PL 87-195 Sec 235..... 139
PL 111-8 Title VI..... 1135
Public hearings.................. PL 87-195 Sec 231A(c). 126
Reports to Congress.............. PL 87-195 Sec 240A.... 152
Reserves......................... PL 87-195 Sec 235..... 138
Small business development....... PL 87-195 Sec 240..... 151
Special activities............... PL 87-195 Sec 234(e).. 133
Structure........................ PL 87-195 Sec 233(a).. 127
Transfer authority............... PL 109-102 Sec 579.... 1455
Worker rights.................... PL 87-195 Sec 231A(a). 125
Overseas Private Investment PL 100-461............ 924
Corporation Amendments Act of 1988
Haiti programs................... PL 100-461 Sec 111.... 925
Small and minority-owned PL 100-461 Sec 109.... 924
businesses.
P
Pakistan
Disaster assistance.............. PL 87-195 Sec 494..... 223
Foreign aid
Appropriations, 2006........... PL 109-102 Sec 534(a). 1426
Appropriations, 2008........... PL 110-161 Sec 699F... 1345
Appropriations, 2009........... PL 111-8 Sec 7034..... 1156
PL 111-8 Title IV..... 1130
Commitment and capabilities PL 111-32 Sec 1116.... 1217
report.
Conditions on assistance....... PL 110-28 Sec 3809.... 1362
Excess foreign currencies PL 91-652 Sec 6(b).... 1079
appropriation.
Policy......................... PL 87-195 Sec 620E.... 345
Report......................... PL 111-32 Sec 1117.... 1217
Pakistan Counterinsurgency
Capability Fund
Appropriations, 2009........... PL 111-32 Title XI.... 1207
Palestine Liberation Organization
Codification of policy PL 99-83 Sec 1302..... 985
prohibiting negotiations.
Limitation on assistance......... PL 110-161 Sec 644.... 1308
Travel restrictions on officials PL 109-446 Sec 6...... 598
and representatives stationed at
the United Nations in New York
City.
Palestinian Anti-Terrorism Act of PL 109-446............ 596
2006.
Assistance limitation
Palestinian Authority.......... PL 109-446 Sec 2...... 596
West Bank and Gaza............. PL 109-446 Sec 3...... 597
Definitions...................... PL 109-446 Sec 12..... 600
Diplomatic contact............... PL 109-446 Sec 9...... 599
International financial PL 109-446 Sec 8...... 599
institutions.
Israeli-Palestinian Peace, PL 109-446 Sec 10..... 600
Reconciliation and Democracy
Fund.
Reporting requirement............ PL 109-446 Sec 11..... 600
Representation prohibition in the PL 109-446 Sec 7...... 599
United States.
Terrorist sanctuary, designation. PL 109-446 Sec 4...... 598
Travel restrictions on officials PL 109-446 Sec 6...... 598
and representatives stationed at
the United Nations in New York
City.
Visas for officials, denial...... PL 109-446 Sec 5...... 598
Palestinian Authority
Foreign aid restrictions......... PL 87-195 Sec 620K.... 353
PL 109-102 Sec 547.... 1436
PL 109-102 Sec 550.... 1437
PL 109-234 Sec 1304... 1377
PL 109-446 Sec 2...... 596
PL 110-161 Sec 647.... 1309
PL 110-161 Sec 650.... 1313
PL 111-8 Sec 7037..... 1161
PL 111-8 Sec 7040..... 1163
Palestinian statehood assistance PL 109-102 Sec 555.... 1440
limitation.
PL 110-161 Sec 655.... 1315
Prohibition on representation in PL 109-446 Sec 7...... 599
the United States.
Statehood assistance, PL 111-8 Sec 7036..... 1160
appropriations, 2009.
Terrorist sanctuary, designation. PL 109-446 Sec 4...... 598
Travel restrictions on officials PL 109-446 Sec 6...... 598
and representatives stationed at
the United Nations in New York
City.
Visas for officials, denial of... PL 109-446 Sec 5...... 598
Palestinian Broadcasting
Corporation
Assistance prohibition........... PL 109-102 Sec 558.... 1443
PL 110-161 Sec 656.... 1316
PL 111-8 Sec 7038..... 1161
Pan Sahel region
Foreign aid...................... PL 111-8 Sec 7070(c).. 1185
Paraguay
Military assistance.............. PL 99-83 Sec 706...... 958
Paris Club Agreed Minutes
Debt relief for the poorest...... PL 111-8 Sec 7033..... 1155
Patents
Foreign assistance............... PL 87-195 Sec 606..... 314
Peace Corps
Appropriations................... PL 111-8 Sec 7025..... 1148
Appropriations, 2006............. PL 109-102 Sec 532.... 1425
PL 109-102 Title II... 1396
Appropriations, 2008............. PL 110-161 Sec 631.... 1299
PL 110-161 Title III.. 1272
Appropriations, 2009............. PL 111-8 Title III.... 1124
Peacekeeping activities
Administrative authorities....... PL 87-195 Sec 553..... 299
Appropriations, 2006............. PL 109-102 Title II... 1407
Peacekeeping activities--Continued
Appropriations, 2006--Continued
PL 109-234 Title I.... 1376
Appropriations, 2007............. PL 109-289 Sec 20943.. 1372
PL 110-28 Title I..... 1357
PL 110-28 Title III... 1359
Appropriations, 2008............. PL 110-161 Sec 104.... 1256
PL 110-161 Title I.... 1250
PL 110-161 Title III.. 1282
PL 110-252 Title I.... 1229
...................... 1234
Appropriations, 2009............. PL 111-8 Sec 7034(j).. 1158
PL 111-8 Title I...... 1104
PL 111-8 Title IV..... 1128
PL 111-32 Title XI.... 1202
...................... 1206
Assessments...................... PL 110-161 Sec 113.... 1258
PL 111-8 Sec 7051..... 1175
Authority........................ PL 87-195 Sec 551..... 297
Authorization, 1986 and 1987..... PL 87-195 Sec 552..... 297
Coalition Solidarity Initiative
Appropriations rescission...... PL 109-234 Sec 1303... 1377
Funding limitations.............. PL 111-8 Sec 7050..... 1175
Reporting requirements........... PL 109-102 Sec 584.... 1456
Sudan, sense of Congress......... PL 110-174 Sec 8...... 790
U.N. cost data................... PL 87-195 Sec 554..... 299
Personal services contractors
Appropriations, 2006............. PL 109-102 Sec 534(c). 1427
Peru
Drug control assistance.......... PL 99-83 Sec 612...... 949
Foreign aid......................
Appropriations, 2009........... PL 111-8 Sec 7045..... 1166
Human rights training............ PL 99-83 Sec 707(a)... 959
Strengthening judicial system.... PL 99-83 Sec 707(b)... 959
Philippines
Congressional oversight.......... PL 99-83 Sec 901(c)... 981
Democracy in, sense of Congress.. PL 99-83 Sec 901(a)... 980
Foreign aid
Appropriations, 2008........... PL 110-161 Sec 699E... 1344
Appropriations, 2009........... PL 111-8 Sec 7071(g).. 1188
Nonlethal assistance............. PL 99-83 Sec 901(e)... 981
Purpose of U.S. assistance....... PL 99-83 Sec 901(b)... 981
Poland
Foreign aid
Emergency humanitarian help.... PL 97-113 Sec 708..... 997
Use of Polish currencies....... PL 97-113 Sec 709..... 998
Trade credit insurance programs.. PL 87-195 Sec 225..... 116
Police training
Prohibitions..................... PL 87-195 Sec 660..... 397
Polio programs
Appropriations, 2006............. PL 109-102 Title II... 1383
Political prisoners, sense of PL 93-189 Sec 32...... 1071
Congress.
Population planning
Assistance limitation............ PL 106-246 Sec 3206... 1513
Foreign Assistance Act of 1961
Assistance for................. PL 87-195 Sec 104(b).. 32
Authorization, 1986 and 1987... PL 87-195 Sec 104(g).. 39
Findings....................... PL 87-195 Sec 104(a).. 32
Integration of assistance PL 87-195 Sec 104(d).. 37
programs.
Prohibition of funds use for PL 87-195 Sec 104(f).. 38
abortions and involuntary
sterilizations.
Research and analysis.......... PL 87-195 Sec 104(e).. 38
Portugal
Economic development............. PL 99-83 Sec 204...... 941
Emergency food needs, sense of PL 94-329 Sec 409..... 1056
Congress.
Poverty
Capital projects for alleviation PL 102-549 Sec 303.... 917
of.
Debt relief for the poorest PL 109-102 Sec 565.... 1447
countries.
PL 110-161 Sec 662.... 1320
PL 111-8 Sec 7033..... 1155
Millennium Challenge Act of 2003. PL 108-9.............. 623
Preservation of America's Heritage
Abroad Commission
Appropriations, 2008............. PL 110-161 Title I.... 1254
Appropriations, 2009............. PL 111-8 Title I...... 1108
President
Aid budget submission............ PL 102-391 Sec 599E... 1554
Arms export authorities.......... PL 90-629 Sec 27...... 466
PL 90-629 Sec 38(a)... 493
PL 90-629 Sec 38(e)... 498
Certification of swap of PL 104-6 Sec 406...... 1547
currencies to Mexico.
Emergency Wartime PL 108-11 Sec 1503.... 1495
Supplemental Appropriations
Act of 2003 authorities.
PL 108-11 Sec 1504.... 1495
Funds appropriated to............ PL 109-102 Title II... 1383
PL 110-161 Title III.. 1261
PL 111-8 Title III.... 1111
PL 111-8 Title V...... 1131
PL 111-8 Title VI..... 1135
Preparation and submission of 31 USC Sec 1108....... 1590
appropriations requests.
Reports, foreign aid to Mexico... PL 104-6 Sec 403...... 1545
Waivers.......................... PL 109-102 Sec 534(d). 1428
President's Interagency Task EO 13257.............. 909
Force to Monitor and Combat
Trafficking in Persons
Activities....................... EO 13257 Sec 2........ 909
Administration................... EO 13257 Sec 3........ 910
Enhanced prevention.............. EO 13257 Sec 5........ 911
Establishment.................... EO 13257 Sec 1........ 909
Guidance for exercising authority EO 13257 Sec 7........ 911
and performing duties.
Guidelines, policies and EO 13257 Sec 4........ 910
regulations.
Judicial review.................. EO 13257 Sec 8........ 912
Research......................... EO 13257 Sec 6........ 911
Price-Anderson Act. See Convention
on Supplementary Compensation for
Nuclear Damage
Prisoners of war
Indochina conflict, sense of PL 93-189 Sec 34...... 1071
Congress.
Prisons
Foreign aid
Appropriations, 2009........... PL 111-8 Sec 7034(f).. 1158
Private and voluntary organizations
Appropriations, 2009............. PL 111-8 Title III.... 1114
Development assistance........... PL 87-195 Sec 123..... 85
Foreign aid...................... PL 87-195 Sec 106..... 63
Property acquisition
Foreign assistance............... PL 87-195 Sec 608..... 316
Property Management Fund
Report........................... PL 101-513 Sec 585.... 1562
Publicity
Appropriations, 2006............. PL 109-102 Sec 539.... 1432
Appropriations, 2008............. PL 110-161 Sec 639.... 1306
Appropriations, 2009............. PL 111-8 Sec 7080..... 1194
Puerto Rico
Involvement in the Caribbean PL 93-559 Sec 52...... 1067
Development Bank.
R
Radio broadcasting
North Korea...................... PL 108-333 Sec 103(b). 773
PL 110-346 Sec 6...... 784
Reconciliation programs
Appropriations, 2006............. PL 109-102 Sec 568.... 1450
Appropriations, 2008............. PL 110-161 Sec 665.... 1323
Appropriations, 2009............. PL 111-8 Sec 7065..... 1182
Red Cross. See International
Committee of the Red Cross
Refugees
Adult children of former PL 104-208 Sec 584.... 1542
Vietnamese reeducation camp
internees.
Appropriations, 2006............. PL 109-102 Title II... 1397
PL 109-234 Title I.... 1376
Appropriations, 2007............. PL 110-28 Title I..... 1356
PL 110-28 Title III... 1359
Appropriations, 2008............. PL 110-161 Title III.. 1276
PL 110-252 Title I.... 1230
...................... 1233
Appropriations, 2009............. PL 111-8 Title III.... 1124
PL 111-32 Title XI.... 1205
Cuba............................. PL 96-533 Sec 715..... 1022
El Salvador...................... PL 97-113 Sec 731..... 1010
Establishing categories of aliens PL 101-167 Sec 599D... 1575
Foreign aid
Appropriations, 2009........... PL 111-8 Sec 7034..... 1156
Haiti............................ PL 97-113 Sec 721..... 1003
PL 98-151 Sec 101(b).. 992
PL 99-83 Sec 705...... 957
Honduras
Authorization, 1986 and 1987... PL 99-83 Sec 704...... 957
Iraqi, Montagnards and Hmong PL 110-161 Sec 691.... 1339
relief.
North Korean Human Rights Act of
2004
Annual reports concerning PL 108-333 Sec 305.... 780
refugees.
Eligibility.................... PL 108-333 Sec 302.... 779
Facilitating application PL 108-333 Sec 303.... 779
submission.
United Nations High PL 108-333 Sec 304.... 779
Commissioner for Refugees.
U.S. policy.................... PL 108-333 Sec 301.... 778
Programs and oversight
Appropriations, 2009........... PL 111-32 Sec 1114.... 1216
Southeast Asia crisis............ PL 96-53 Sec 509...... 1037
United States Emergency Refugee
and Migration Assistance Fund
Appropriations, 2006........... PL 109-102 Title II... 1397
Appropriations, 2007........... PL 110-28 Title I..... 1357
Appropriations, 2008........... PL 110-161 Title III.. 1277
PL 110-252 Title I.... 1230
Appropriations, 2009........... PL 111-8 Title III.... 1124
Vietnam
Appropriations, 2005........... PL 108-447 Sec 594.... 1474
Appropriations, 2006........... PL 109-102 Sec 534(f). 1428
Religious freedom
Commission on International
Religious Freedom
Appropriations, 2008........... PL 110-161 Title I.... 1254
Appropriations, 2009........... PL 111-8 Title I...... 1108
Discrimination against minority PL 109-102 Sec 589.... 1460
faiths in the Russian Federation.
Sense of Congress................ PL 88-633 Sec 501..... 1095
Repatriation loans program account
Appropriations, 2008............. PL 110-161 Title I.... 1249
Reports to Congress
Afghanistan...................... PL 111-32 Sec 1102(c). 1209
Assistance programs............ PL 107-327 Sec 304.... 764
Reports to Congress--Continued
Afghanistan--Continued
Disarmament of private militias PL 108-458 Sec 7104(h) 768
Economic and democratic PL 107-327 Sec 103(d). 752
development assistance.
Long-term strategy............. PL 107-327 Sec 305(b). 765
Afghanistan and Pakistan PL 111-32 Sec 1116.... 1217
commitment and capabilities.
Afghanistan and Pakistan policy.. PL 111-32 Sec 1117.... 1217
Africa
Congo relief, security and PL 109-456 Sec 106.... 593
democracy promotion.
Aid credit guarantees to finance PL 102-549 Sec 307.... 918
capital projects.
Anti-kleptocracy provisions...... PL 110-161 Sec 699L... 1348
Anticorruption activities........ PL 110-161 Sec 692.... 1340
Appropriations, 2009............. PL 111-8 Sec 7010..... 1139
Arab League boycott of Israel.... PL 111-8 Sec 7035..... 1159
Arms export control
CFE Treaty, limited equipment PL 90-629 Sec 94(b)... 543
transfer.
Commercial and government PL 90-629 Sec 36...... 477
exports.
End-use monitoring of defense PL 90-629 Sec 40A(c).. 516
articles and services.
Leases of defense articles..... PL 90-629 Sec 62...... 526
Missile equipment and PL 90-629 Sec 73A..... 536
technology control.
Burma............................ PL 104-208 Sec 570(d). 1539
Capital projects................. PL 102-549 Sec 305.... 917
Caribbean region................. PL 99-83 Sec 709...... 959
Central America.................. PL 110-252 Sec 1407(c) 1241
Coal exporting nations........... PL 99-83 Sec 1210..... 985
Child soldier prevention......... PL 110-457 Sec 405.... 556
Colombia......................... PL 110-161 Sec 649(c). 1311
Plan Colombia support PL 106-246 Sec 3204... 1512
limitations.
Commercial Service Officers PL 102-549 Sec 701.... 922
increase.
Commission for the Preservation PL 99-83 Sec 1303(h).. 988
of America's Heritage Abroad.
Comprehensive expenditures....... PL 110-161 Sec 633.... 1299
PL 111-8 Sec 7066..... 1183
Comptroller General, 31 USC Sec 1556....... 1596
appropriation accounts.
Conventional arms transfers...... PL 99-83 Sec 129(b)... 934
Debt relief agreements........... PL 95-424 Sec 603..... 1042
PL 102-391 Sec 548.... 1553
Developing countries
Assistance for orphans and PL 109-95 Sec 5....... 621
other vulnerable children.
Development Grants Program....... PL 110-161 Sec 674.... 1330
Drug control
Cuba........................... PL 99-83 Sec 617(c)... 951
Extradition of narcotics PL 106-246 Sec 3203... 1510
traffickers.
Latin American Regional PL 99-83 Sec 615...... 950
Narcotics Control Organization.
Economic conditions in countries PL 99-83 Sec 1205..... 984
receiving U.S. assistance.
Economic development
Millennium Challenge PL 108-9 Sec 613...... 635
Corporation.
Economic support
Developing countries........... PL 111-32 Sec 1105(d). 1212
Education programs............... PL 110-161 Sec 664(e). 1323
El Salvador...................... PL 97-113 Sec 729..... 1009
PL 99-83 Sec 702(c)... 954
Endangered species assistance.... PL 87-195 Sec 119(h).. 82
Energy programs
Assistance for developing PL 110-140 Sec 911.... 563
countries.
Reports to Congress--Continued
Energy programs--Continued
Exports and outreach programs PL 110-140 Sec 912.... 564
for India, China and
appropriate countries.
Extractive Industries PL 110-140 Sec 935(d). 587
Transparency Initiative.
International Clean Energy PL 110-140 Sec 924.... 574
Foundation.
National energy security PL 110-140 Sec 933.... 579
strategy.
OPIC actions................... PL 110-140 Sec 914.... 565
State Department energy PL 110-140 Sec 931(d). 578
diplomacy and security.
Task Force on International PL 110-140 Sec 916(d). 568
Cooperation for Clean and
Efficient Energy Technologies.
Trade and Development Agency PL 110-140 Sec 915.... 565
actions.
Trade missions to encourage PL 110-140 Sec 913.... 564
private sector trade and
investment.
United States-Israel energy PL 110-140 Sec 917(b). 570
cooperation.
Enterprise for the Americas PL 87-195 Sec 710..... 414
Initiative.
Environment programs PL 101-513 Sec 533.... 1559
appropriations, 1991
ESOP use......................... PL 99-83 Sec 713...... 960
Famine prevention and freedom PL 87-195 Sec 300..... 178
from hunger.
Federal Coal Export Commission... PL 99-83 Sec 1304(f).. 989
Financial institutions
Advisory Commission............ PL 105-277 Sec 603(g). 1534
Financial programs
International monetary system PL 105-277 Sec 606.... 1535
update.
Foreign military training........ PL 87-195 Sec 656..... 396
PL 110-161 Sec 652.... 1314
Global Fund to Fight AIDS, PL 108-25 Sec 202(c).. 686
Tuberculosis and Malaria.
Global warming................... PL 101-167 Sec 534(c). 1570
Good governance programs......... PL 87-195 Sec 133(d).. 97
Guaranty Reserve Fund PL 99-83 Sec 106...... 934
replenishment.
HELP Commission.................. PL 108-9 Sec 637(f)... 645
PL 108-9 Sec 637(k)... 646
HIV/AIDS, tuberculosis and PL 87-195 Sec 104A(f). 54
malaria programs
Allocation of funds............ PL 108-25 Sec 403(a).. 715
Best practices................. PL 108-25 Sec 101(e).. 679
Children and families PL 108-25 Sec 314(c).. 708
assistance pilot program.
Comptroller General activities. PL 108-25 Sec 101(d).. 679
Expansion of debt relief....... PL 108-25 Sec 502..... 717
Family survival partnerships PL 108-25 Sec 315(d).. 711
pilot program.
Illegal diversions of PL 108-25 Sec 307..... 703
prescription drugs study.
Mother-to-child HIV PL 108-25 Sec 312(c).. 707
transmission prevention.
PL 108-25 Sec 313..... 707
Treatment activities by PL 108-25 Sec 305..... 702
relevant executive branch
agencies.
U.S. strategy.................. PL 108-25 Sec 101(b).. 673
Vaccine programs effectiveness. PL 106-264 Sec 112.... 731
World Bank AIDS Trust Fund..... PL 106-264 Sec 131.... 735
Human rights..................... PL 87-195 Sec 116..... 70
International military PL 87-195 Sec 549..... 297
education and training.
Reports to Congress--Continued
Human rights--Continued
International military
education and training--
Continued
PL 102-391 Sec 511.... 1551
Immunization and oral rehydration PL 99-83 Sec 305(b)... 942
promotion.
Indonesia........................ PL 110-161 Sec 682.... 1333
Indonesian cooperation........... PL 109-102 Sec 599G... 1468
International financial PL 106-429 Sec 803.... 1503
institutions.
International Monetary Fund
Activities..................... PL 111-32 Sec 1403.... 1219
Cost of U.S. participation..... PL 106-113 Sec 504(b). 1527
International organizations...... PL 87-195 Sec 306..... 186
International University for the PL 102-549 Sec 604(d). 922
Americas.
Iran sanctions................... PL 111-8 Sec 7043..... 1165
Iraq and Afghanistan............. PL 108-106 Sec 2215... 1482
Iraq strategy and benchmarks of PL 110-28 Sec 1314.... 1353
performance.
Israel
Assessment of qualitative PL 110-429 Sec 201(c). 559
military edge over military
threats.
Loan guarantees................ PL 87-195 Sec 226(k).. 121
Kazakhstan....................... PL 111-8 Sec 7075..... 1191
Latin America.................... PL 99-83 Sec 709...... 959
Foreign debt................... PL 99-83 Sec 719...... 963
Malaria Response Coordinator..... PL 108-25 Sec 304(h).. 701
Mexico........................... PL 104-6 Sec 403...... 1545
PL 104-6 Sec 404...... 1546
Facilitating international PL 99-83 Sec 717...... 962
commerce.
Microenterprise development PL 87-195 Sec 258..... 164
assistance.
Military assistance
Afghanistan.................... PL 107-327 Sec 205.... 758
PL 108-106 Sec 1120... 1477
Financing program reporting.... PL 110-161 Sec 678.... 1332
Iraq........................... PL 108-106 Sec 1120... 1477
Major weapons systems not PL 87-195 Sec 655..... 394
included in previously
submitted materials.
PL 91-672 Sec 8(d).... 1081
Sales debt reform.............. PL 100-202 Title III.. 1585
Training and equipment reports. PL 111-8 Sec 7087..... 1198
Military training report......... PL 109-102 Sec 552.... 1439
Millennium Challenge Corporation. PL 111-8 Sec 7057..... 1178
Multilateral development bank PL 111-32 Sec 1112.... 1215
reform.
Narcotics control, international
Aircraft and equipment use..... PL 87-195 Sec 484(c).. 208
PL 87-195 Sec 485..... 208
Assistance report.............. PL 87-195 Sec 489(b).. 214
Strategy report................ PL 87-195 Sec 489(a).. 210
Nicaragua........................ PL 99-83 Sec 722(j)... 971
North Korea...................... PL 104-208 Sec 585.... 1543
PL 110-252 Sec 1405(c) 1238
Freedom of information PL 108-333 Sec 104.... 774
promotion.
Humanitarian assistance........ PL 108-333 Sec 201.... 776
Humanitarian assistance PL 108-333 Sec 202.... 776
provided inside country.
Radio broadcasting............. PL 108-333 Sec 103(b). 773
Refugees....................... PL 108-333 Sec 305.... 780
Special envoy on human rights PL 108-333 Sec 107.... 775
issues.
Nuclear activities............... PL 97-113 Sec 735..... 1010
Nuclear threat reduction and PL 110-161 Sec 699M... 1348
security plan.
Reports to Congress--Continued
Overseas Private Investment
Corporation
Noncompetitive awarding of PL 87-195 Sec 240B.... 154
insurance contracts on
supported exports.
Operations..................... PL 87-195 Sec 240A.... 152
Palestinian anti-terrorism
Israeli-Palestinian Peace, PL 109-446 Sec 10..... 600
Reconciliation and Democracy
Fund.
Palestinian Authority PL 109-102 Sec 550(c). 1438
assistance prohibition.
PL 109-234 Sec 1304(c) 1378
PL 109-446 Sec 11..... 600
Safe water and sanitation PL 109-121 Sec 6(g)... 615
assistance for developing
countries.
Safe water for peace and PL 109-121 Sec 10..... 616
security.
Syria accountability and PL 108-175 Sec 6...... 656
Lebanese sovereignty
restoration.
Technical assistance to foreign PL 87-195 Sec 129(h).. 94
governments and central banks.
Trade and Development Agency... PL 87-195 Sec 661(d).. 401
Tropical forest conservation... PL 87-195 Sec 813..... 426
Tuberculosis assistance........ PL 87-195 Sec 104B(g). 59
United States Microfinance Loan PL 87-195 Sec 257..... 163
Facility.
World Bank activities.......... PL 111-32 Sec 1403.... 1219
Palestinian Authority............ PL 110-161 Sec 650.... 1313
PL 111-8 Sec 7040(d).. 1164
Provisions....................... PL 87-195 Sec 634..... 371
Regional strategy................ PL 106-246 Sec 3202... 1509
Refugees
Iraqi, Montagnards and Hmong... PL 110-161 Sec 691.... 1339
Special Inspector General for PL 108-106 Sec 3001(i) 1487
Iraq Reconstruction.
Sub-Saharan Africa............... PL 101-513 Sec 562.... 1561
Sudan
African Union Mission in Sudan. PL 107-245 Sec 8(c)... 817
Commercial activity............ PL 107-245 Sec 8(a)... 816
Conflict update................ PL 107-245 Sec 8(b)... 817
Military assistance............ PL 107-245 Sec 8(e)... 818
Non-Operation Lifeline Sudan PL 107-245 Sec 9...... 818
organizations.
Peace process.................. PL 107-245 Sec 6...... 815
Public disclosure.............. PL 107-245 Sec 8(g)... 818
Sanctions...................... PL 107-245 Sec 8(d)... 817
PL 110-174 Sec 10..... 791
War crimes..................... PL 107-245 Sec 11..... 818
Terrorism
Coordination of U.S. assistance PL 99-83 Sec 502(b)... 944
to foreign countries.
Imports ban.................... PL 99-83 Sec 505(c)... 945
National Commission on PL 105-277 Sec 591(b). 1531
Terrorism findings.
U.S. citizens acting in the PL 97-113 Sec 719..... 1002
service of.
Trafficking in persons
Activities..................... PL 110-457 Sec 237(c). 884
Governments failing to meet PL 106-386 Sec 110.... 849
minimum standards.
Inspectors General PL 110-457 Sec 232(c). 875
investigation.
Labor Department............... PL 110-457 Sec 110.... 867
Pilot program for protection of PL 109-164 Sec 102.... 890
victims.
Post-conflict and humanitarian PL 109-164 Sec 101.... 890
emergency assistance.
Protection and assistance for PL 106-386 Sec 107(g). 843
victims.
Significant trafficker PL 106-386 Sec 111(b). 854
identification and sanctioning.
Reports to Congress--Continued
Trafficking in persons--Continued
U.S. efforts................... PL 109-164 Sec 104(b). 894
Visas processing............... PL 110-457 Sec 238(a). 885
Transparency and accountability.. PL 110-161 Sec 668(d). 1326
Unobligated balances............. PL 110-161 Sec 102.... 1255
PL 111-8 Sec 7002..... 1136
Valid obligations................ 31 USC Sec 1554....... 1594
West Bank and Gaza............... PL 109-102 Sec 559(f). 1444
PL 110-252 Sec 1404... 1237
PL 111-8 Sec 7039..... 1162
Republic of Korea. See Korea,
Republic of
Retirement plans
ERISA plan investments, sense of PL 110-174 Sec 5...... 789
Congress.
Romania
Disaster assistance.............. PL 87-195 Sec 495D.... 225
Russian Federation
Discrimination against minority PL 109-102 Sec 589.... 1460
religious faiths.
Foreign aid limitations.......... PL 111-8 Sec 7074..... 1190
Repression in.................... PL 110-161 Sec 686.... 1336
S
Sahel Development Program
U.S. assistance.................. PL 87-195 Sec 120..... 83
Sales debt reform.................. PL 100-202 Title III.. 1583
Sanitation
Foreign aid...................... PL 87-195 Sec 135..... 103
Senator Paul Simon Water for the PL 109-121............ 611
Poor Act of 2005.
Saudi Arabia
AWACS certification.............. PL 99-83 Sec 131...... 936
Foreign aid prohibition.......... PL 109-102 Sec 582.... 1456
PL 110-161 Sec 697.... 1341
Schools
American Schools and Hospitals PL 87-195 Sec 214..... 106
Abroad Program.
Science
Institute for Scientific and
Technological Cooperation
Authorization, 1981............ PL 96-53 Sec 410...... 1035
Conflict of interest........... PL 96-53 Sec 409...... 1035
Council on International PL 96-53 Sec 407...... 1033
Scientific and Technological
Cooperation.
Deputy Director................ PL 96-53 Sec 406...... 1032
PL 96-53 Sec 412...... 1035
Director....................... PL 96-53 Sec 405...... 1032
PL 96-53 Sec 412...... 1035
Establishment.................. PL 96-53 Sec 402...... 1030
Functions...................... PL 96-53 Sec 403...... 1030
General authorities............ PL 96-53 Sec 404...... 1031
Institute fellowships.......... PL 96-53 Sec 408...... 1034
Purposes....................... PL 96-53 Sec 402...... 1030
Statement of policy............ PL 96-53 Sec 401...... 1029
Statutory officers............. PL 96-53 Sec 406...... 1032
PL 96-53 Sec 412...... 1035
Security and Cooperation in Europe
Commission. See Commission on
Security and Cooperation in Europe
Security forces
Assistance limitation............ PL 87-195 Sec 620J.... 357
PL 109-102 Sec 551.... 1438
Senator Paul Simon Water for the PL 109-121............ 611
Poor Act of 2005.
Additional programs, sense of PL 109-121 Sec 9...... 616
Congress.
Senator Paul Simon Water for the
Poor Act of 2005--Continued
Assistance....................... PL 109-121 Sec 5...... 614
Authorization, 2006.............. PL 109-121 Sec 11..... 617
Findings......................... PL 109-121 Sec 2...... 611
Local capacity development, sense PL 109-121 Sec 8...... 616
of Congress.
Monitoring requirement........... PL 109-121 Sec 7...... 616
Report........................... PL 109-121 Sec 10..... 616
Sense of Congress................ PL 109-121 Sec 4...... 614
Statement of policy.............. PL 109-121 Sec 3...... 613
Strategy......................... PL 109-121 Sec 6...... 614
Senior Policy Operating Group on
Trafficking in Persons
Appropriations, 2008............. PL 110-161 Sec 106.... 1256
Serbia
Foreign aid
Appropriations, 2006........... PL 109-102 Sec 563.... 1446
Appropriations, 2008........... PL 110-252 Sec 1409... 1242
Appropriations, 2009........... PL 111-8 Sec 7072..... 1189
Limitations.................... PL 110-161 Sec 699D... 1344
Sanctions, restrictions on PL 104-208 Sec 540.... 1537
termination of.
Shaba Province airlift............. PL 96-92 Sec 26....... 1026
Simon, Paul. See Senator Paul Simon
Water for the Poor Act of 2005
Sinai
Peacekeeping operations
Appropriations, 2009........... PL 111-32 Title XI.... 1206
Small businesses
Appropriations, 2006............. PL 109-102 Sec 534(e). 1428
Foreign aid
Appropriations, 2009........... PL 111-8 Sec 7034(c).. 1158
Foreign aid procurement.......... PL 94-329 Sec 602..... 1060
Foreign assistance............... PL 87-195 Sec 602..... 310
OPIC projects.................... PL 87-195 Sec 240..... 151
PL 100-461 Sec 109.... 924
Social Progress Trust Fund
Agreement
Revision......................... PL 93-189 Sec 36...... 1072
Somalia
Peacekeeping operations
Appropriations, 2009........... PL 111-32 Title XI.... 1206
South Africa
Economic support................. PL 99-83 Sec 802...... 975
Policy toward ``homelands''...... PL 99-83 Sec 803...... 976
South Caucasus countries
Foreign assistance
Administrative authorities..... PL 87-195 Sec 499E.... 254
Border control assistance...... PL 87-195 Sec 499C.... 253
Definitions.................... PL 87-195 Sec 499F.... 255
Economic assistance............ PL 87-195 Sec 499A.... 252
Infrastructure development..... PL 87-195 Sec 499B.... 253
Reconciliation and recovery PL 87-195 Sec 499..... 252
from regional conflicts.
Strengthening democracy, PL 87-195 Sec 499D.... 254
tolerance and civil society
development.
South Korea. See Korea, Republic of
South Vietnam
Foreign aid funds use limitation. PL 93-189 Sec 31...... 1070
Southeast Asia
Refugee crisis................... PL 96-53 Sec 509...... 1037
Soviet Union (Former), Independent
States of
Adjustment of status for parolees PL 101-167 Sec 599E... 1579
Economic and democratic
development
Assistance..................... PL 87-195 Sec 498..... 238
Soviet Union (Former), Independent
States of--Continued
Economic and democratic
development--Continued
Assistance--Continued
PL 87-195 Sec 498A.... 241
PL 87-195 Sec 498B.... 245
Authorization, 1993............ PL 87-195 Sec 498C.... 248
Foreign aid
Appropriations, 2002........... PL 107-115 Title II... 1497
Appropriations, 2006........... PL 109-102 Sec 517.... 1417
PL 109-102 Title II... 1394
Appropriations, 2008........... PL 110-161 Sec 617.... 1291
PL 110-161 Title III.. 1271
Appropriations, 2009........... PL 111-8 Sec 7034(l).. 1159
PL 111-8 Sec 7073..... 1189
Limitation on arms shipments to PL 91-672 Sec 5....... 1080
the Middle East.
Special Defense Acquisition Fund
Establishment.................... PL 90-629 Sec 51...... 522
Size of.......................... PL 97-113 Sec 108(b).. 994
Transfer of procured items....... PL 90-629 Sec 52...... 524
Special Foreign Assistance Act of PL 91-652............. 1078
1971, as amended.
Authorization, 1971.............. PL 91-652 Sec 2....... 1078
Cambodia, prohibition............ PL 91-652 Sec 7....... 1079
Foreign Assistance Act of 1961 PL 91-652 Sec 4....... 1079
provisions.
Pakistan, excess foreign PL 91-652 Sec 6(b).... 1079
currencies appropriation.
Republic of Korea, defense PL 91-652 Sec 3....... 1078
articles transfer.
Special Foreign Assistance Act of PL 99-529............. 926
1986.
Haiti
Economic assistance............ PL 99-529 Sec 202..... 928
Findings....................... PL 99-529 Sec 201..... 927
Military training.............. PL 99-529 Sec 203..... 929
Recovery of assets stolen by PL 99-529 Sec 204..... 930
Duvalier regime.
Immunization and oral rehydration
Findings....................... PL 99-529 Sec 101..... 926
U.S. participation in global PL 99-529 Sec 102..... 927
effort.
Sri Lanka
Foreign aid limitations.......... PL 110-161 Sec 699G... 1346
PL 111-8 Sec 7091..... 1200
International Military Education PL 111-8 Title IV..... 1128
and Training, appropriations,
2009.
Political settlement in.......... PL 99-83 Sec 907...... 982
State, Department of
Andean counterdrug initiative
Appropriations, 2006........... PL 109-102 Title II... 1397
Appropriations, 2009........... PL 111-8 Title III.... 1122
Anti-terrorism programs
Appropriations, 2007........... PL 110-28 Title I..... 1357
Appropriations, 2009........... PL 111-8 Title III.... 1123
PL 111-32 Title XI.... 1205
Demining programs
Appropriations, 2007........... PL 110-28 Title I..... 1357
Appropriations, 2009........... PL 111-8 Title III.... 1123
PL 111-32 Title XI.... 1205
Democracy Fund
Appropriations, 2006........... PL 109-102 Title II... 1397
Appropriations, 2007........... PL 110-28 Title I..... 1356
Supplemental Appropriations PL 110-252 Title I.... 1230
Act, 2008.
Diplomatic and consular programs
Appropriations, 2008........... PL 110-252 Title I.... 1231
Appropriations, 2009........... PL 111-8 Title I...... 1099
State, Department of--Continued
Diplomatic and consular programs--
Continued
Appropriations, 2009--Continued
PL 111-32 Title XI.... 1201
Embassy security, construction
and maintenance
Appropriations, 2009........... PL 111-32 Title XI.... 1202
Energy diplomacy and security.... PL 110-140 Sec 931.... 577
Foreign aid
Transfer authority............. PL 111-8 Sec 7009..... 1138
Global HIV/AIDS Initiative
Appropriations, 2006........... PL 109-102 Title II... 1397
Inspector General Office
Appropriations, 2008........... PL 110-252 Title I.... 1228
Appropriations, 2009........... PL 110-329 Title II... 1226
PL 111-32 Title XI.... 1202
Law enforcement
Appropriations, 2007........... PL 110-28 Title I..... 1356
Appropriations, 2009........... PL 111-32 Title XI.... 1205
Migration and refugee assistance
Appropriations, 2006........... PL 109-102 Title II... 1397
Appropriations, 2007........... PL 110-28 Title I..... 1356
Appropriations, 2009........... PL 111-8 Title III.... 1124
PL 111-32 Title XI.... 1205
Narcotics control and law
enforcement
Appropriations, 2006........... PL 109-102 Title II... 1397
Appropriations, 2007........... PL 110-28 Title I..... 1356
Appropriations, 2009........... PL 111-8 Title III.... 1121
PL 111-32 Title XI.... 1205
Supplemental Appropriations PL 110-252 Title I.... 1230
Act, 2008.
...................... 1233
Nonproliferation programs
Appropriations, 2007........... PL 110-28 Title I..... 1357
Appropriations, 2009........... PL 111-8 Title III.... 1123
PL 111-32 Title XI.... 1205
Peacekeeping activities
Appropriations, 2009........... PL 111-32 Title XI.... 1202
State Department, Foreign
Operations and Related Programs
Appropriations Act, 2008. See
Department of State, Foreign
Operations and Related Programs
Appropriations Act, 2008.
State Department, Foreign
Operations and Related Programs
Appropriations Act, 2009. See
Department of State, Foreign
Operations and Related Programs
Appropriations Act, 2009.
Sterilizations, involuntary
Foreign aid funding prohibition.. PL 87-195 Sec 104(f).. 38
Stockpiling defense articles....... PL 87-195 Sec 514..... 276
Sub-Saharan Africa. See also
individual countries
Arms sales restraint, sense of PL 90-629 Sec 33...... 476
Congress.
Assistance for Orphans and Other PL 109-95............. 618
Vulnerable Children in
Developing Countries Act of 2005.
Annual report.................. PL 109-95 Sec 5....... 621
Definition..................... PL 109-95 Sec 6....... 622
Findings....................... PL 109-95 Sec 2....... 618
Strategy....................... PL 109-95 Sec 4....... 621
Debt-for-nature exchanges pilot PL 87-195 Sec 466..... 197
program.
Development assistance
Appropriations, 2006........... PL 109-102 Title II... 1386
Foreign aid
Appropriations, 1989........... PL 100-461 Sec 572.... 1581
Reports........................ PL 101-513 Sec 562.... 1561
Sub-Saharan Africa--Continued
HIV/AIDS pharmaceuticals and EO 13155.............. 739
medical technologies.
Policy......................... EO 13155 Sec 1........ 739
Rationale...................... EO 13155 Sec 2........ 739
Scope.......................... EO 13155 Sec 3........ 740
HIV/AIDS programs
Private sector assistance...... PL 108-25 Sec 404..... 716
Support and education of PL 106-264 Sec 113.... 731
orphans.
Long-term development assistance. PL 87-195 Sec 496..... 231
Sudan
Comprehensive Peace in Sudan Act PL 108-497............ 805
of 2004.
Darfur Peace and Accountability PL 109-344............ 793
Act of 2006.
Foreign aid funds rescission..... PL 110-252 Sec 1410(b) 1243
Military assistance.............. PL 96-53 Sec 502...... 1036
Military sales loans
Guarantees..................... PL 96-92 Sec 17....... 1025
Repayment...................... PL 96-53 Sec 502...... 1036
PL 96-533 Sec 106(d).. 1013
Political settlement in.......... PL 99-83 Sec 806...... 978
Sudan Accountability and PL 110-174............ 785
Divestment Act of 2007.
Sudan Peace Act.................. PL 107-245............ 811
Sudan Accountability and Divestment PL 110-174............ 785
Act of 2007.
Darfur, sanctions in support of PL 110-174 Sec 10..... 791
peace, reports.
Definitions...................... PL 110-174 Sec 2...... 785
Efforts of other countries, sense PL 110-174 Sec 7...... 790
of Congress.
ERISA plan investments, sense of PL 110-174 Sec 5...... 789
Congress.
International obligations of the PL 110-174 Sec 9...... 791
United States, sense of Congress.
Peacekeeping efforts, sense of PL 110-174 Sec 8...... 790
Congress.
Prohibition on U.S. Government PL 110-174 Sec 6...... 789
contracts.
Reporting requirement repeal..... PL 110-174 Sec 11..... 791
Safe harbor for investment policy PL 110-174 Sec 4...... 789
changes.
State and local government PL 110-174 Sec 3...... 787
authority to divest from certain
companies.
Termination...................... PL 110-174 Sec 12..... 792
Sudan Peace Act.................... PL 107-245............ 811
Assistance authorization......... PL 107-245 Sec 12..... 819
Assistance for peace and PL 107-245 Sec 5...... 814
democratic governance.
Condemnation of slavery and other PL 107-245 Sec 4...... 813
human rights abuses.
Contingency plan for air PL 107-245 Sec 10..... 818
transport relief flights ban.
Definitions...................... PL 107-245 Sec 3...... 813
Findings......................... PL 107-245 Sec 2...... 811
Internationally sanctioned peace PL 107-245 Sec 6...... 814
process.
Multilateral pressure on PL 107-245 Sec 7...... 816
combatants.
Reporting requirements........... PL 107-245 Sec 8...... 816
Use of non-Operation Lifeline PL 107-245 Sec 9...... 818
Sudan organizations for relief
efforts.
War crimes investigation......... PL 107-245 Sec 11..... 818
Supplemental Appropriations Act, PL 110-252............ 1228
2008.
Afghanistan...................... PL 110-252 Sec 1403... 1236
Allocations...................... PL 110-252 Sec 1414... 1244
Anti-terrorism................... PL 110-252 Title I.... 1230
...................... 1234
Buying Power Maintenance Account. PL 110-252 Sec 1408... 1242
Central America.................. PL 110-252 Sec 1407... 1241
Supplemental Appropriations Act,
2008--Continued
Child survival................... PL 110-252 Title I.... 1232
Darfur peacekeeping.............. PL 110-252 Sec 1411... 1243
Demining......................... PL 110-252 Title I.... 1230
...................... 1234
Democracy Fund................... PL 110-252 Title I.... 1230
Development assistance........... PL 110-252 Title I.... 1232
Diplomatic and consular programs. PL 110-252 Title I.... 1228
...................... 1231
Disaster assistance.............. PL 110-252 Title I.... 1229
...................... 1233
Economic Support Fund............ PL 110-252 Title I.... 1230
...................... 1233
Embassy security, construction PL 110-252 Title I.... 1229
and maintenance.
...................... 1231
Extension of authorities......... PL 110-252 Sec 1401... 1234
Foreign Military Financing....... PL 110-252 Title I.... 1231
...................... 1234
Global health.................... PL 110-252 Title I.... 1232
Inspector General Office......... PL 110-252 Title I.... 1228
...................... 1231
International Broadcasting PL 110-252 Title I.... 1229
Operations.
...................... 1232
International Development Office PL 110-252 Title I.... 1229
of Inspector General operating
expenses.
...................... 1233
International organizations PL 110-252 Title I.... 1229
contributions.
...................... 1232
Iraq............................. PL 110-252 Sec 1402... 1234
Jordan........................... PL 110-252 Sec 1413... 1244
Law enforcement.................. PL 110-252 Title I.... 1230
...................... 1233
Mexico........................... PL 110-252 Sec 1406... 1239
Migration and refugee assistance. PL 110-252 Title I.... 1230
...................... 1233
Narcotics control................ PL 110-252 Title I.... 1230
...................... 1233
Nonproliferation................. PL 110-252 Title I.... 1230
...................... 1234
North Korea...................... PL 110-252 Sec 1405... 1237
Notification procedures.......... PL 110-252 Sec 1416... 1245
Peacekeeping activities PL 110-252 Title I.... 1229
contributions.
...................... 1234
Reprogramming authority.......... PL 110-252 Sec 1415... 1244
Rescissions...................... PL 110-252 Sec 1410... 1243
Serbia........................... PL 110-252 Sec 1409... 1242
Spending plans................... PL 110-252 Sec 1416... 1245
Terms and conditions............. PL 110-252 Sec 1417... 1245
Tibet............................ PL 110-252 Sec 1412... 1244
United States Agency for PL 110-252 Title I.... 1229
International Development
operating expenses.
...................... 1233
United States Emergency Refugee PL 110-252 Title I.... 1230
and Migration Assistance Fund.
West Bank and Gaza............... PL 110-252 Sec 1404... 1237
Supplemental Appropriations Act, PL 111-32............. 1201
2009.
Afghanistan...................... PL 111-32 Sec 1102.... 1208
Afghanistan and Pakistan PL 111-32 Sec 1116.... 1217
commitment and capabilities
report.
Afghanistan and Pakistan policy PL 111-32 Sec 1117.... 1217
report.
Allocations...................... PL 111-32 Sec 1103.... 1210
Anti-terrorism................... PL 111-32 Title XI.... 1205
Bilateral economic assistance.... PL 111-32 Title XI.... 1203
Central Asia..................... PL 111-32 Title XI.... 1204
Demining......................... PL 111-32 Title XI.... 1205
Supplemental Appropriations Act,
2009--Continued
Developing countries, economic PL 111-32 Sec 1105.... 1211
support.
Diplomatic and consular programs. PL 111-32 Title XI.... 1201
Disaster assistance.............. PL 111-32 Title XI.... 1203
Economic Support Fund............ PL 111-32 Title XI.... 1204
Embassy security, construction PL 111-32 Title XI.... 1202
and maintenance.
Eurasia.......................... PL 111-32 Title XI.... 1204
Europe........................... PL 111-32 Title XI.... 1204
Extension of authorities......... PL 111-32 Sec 1101.... 1208
Foreign Military Financing....... PL 111-32 Title XI.... 1206
Funds availability............... PL 111-32 Sec 14101... 1220
Global financial crisis.......... PL 111-32 Sec 1105.... 1211
Global health and child survival. PL 111-32 Title XI.... 1203
Guantanamo Bay prohibition....... PL 111-32 Sec 14103... 1220
Hamas............................ PL 111-32 Sec 1107.... 1213
Inspector General Office......... PL 111-32 Title XI.... 1202
International assistance programs PL 111-32 Sec 1403.... 1219
International Military Education PL 111-32 Title XI.... 1206
and Training.
International Monetary Fund...... PL 111-32 Sec 1403.... 1219
PL 111-32 Title XIV... 1218
Iraq............................. PL 111-32 Sec 1106.... 1213
Law enforcement.................. PL 111-32 Title XI.... 1205
Migration and refugee assistance. PL 111-32 Title XI.... 1205
Multilateral development bank PL 111-32 Sec 1112.... 1215
reform.
Narcotics control................ PL 111-32 Title XI.... 1205
Nonproliferation................. PL 111-32 Title XI.... 1205
Overseas comparability pay PL 111-32 Sec 1113.... 1215
adjustment.
Pakistan Counterinsurgency PL 111-32 Title XI.... 1207
Capability Fund.
Peacekeeping activities.......... PL 111-32 Title XI.... 1202
...................... 1206
Refugee programs and oversight... PL 111-32 Sec 1114.... 1216
Security assistance.............. PL 111-32 Title XI.... 1206
Spending plan and notification PL 111-32 Sec 1104.... 1211
procedures.
Technical provisions............. PL 111-32 Sec 1115.... 1216
Terms and conditions............. PL 111-32 Sec 1108.... 1214
U.S. Agency for International PL 111-32 Title XI.... 1203
Development.
World Bank....................... PL 111-32 Sec 1403.... 1219
Syria
Foreign aid
Prohibition against direct PL 109-102 Sec 507.... 1412
funding.
PL 111-8 Sec 7007..... 1137
Restrictions................... PL 98-151 Sec 101..... 1588
Syria Accountability and Lebanese PL 108-175............ 649
Sovereignty Restoration Act of
2003.
Syria Accountability and Lebanese PL 108-175............ 649
Sovereignty Restoration Act of
2003
Authorization.................... PL 108-175 Sec 5(c)... 655
Certification.................... PL 108-175 Sec 5(d)... 655
Definition....................... PL 108-175 Sec 7...... 656
Findings......................... PL 108-175 Sec 2...... 649
Penalties........................ PL 108-175 Sec 5(a)... 654
Report........................... PL 108-175 Sec 6...... 656
Sense of Congress................ PL 108-175 Sec 3...... 653
Statement of policy.............. PL 108-175 Sec 4...... 654
Waiver........................... PL 108-175 Sec 5(b)... 655
T
Taiwan
American Institute in Taiwan
Appropriations, 2008........... PL 110-161 Title I.... 1250
Taiwan--Continued
American Institute in Taiwan--
Continued
Appropriations, 2009........... PL 111-8 Title I...... 1103
Democracy Fund
Appropriations, 2009........... PL 111-8 Title III.... 1119
Immigrant visas.................. PL 97-113 Sec 714..... 999
Transfer of war reserve material. PL 96-92 Sec 23....... 1026
Tajikistan
Foreign aid
Appropriations, 2008........... PL 110-161 Sec 698.... 1341
Task Force on International
Cooperation for Clean and
Efficient Energy Technologies
Authorization, 2008-2020......... PL 110-140 Sec 916(e). 568
Establishment and composition of. PL 110-140 Sec 916(a). 566
Report........................... PL 110-140 Sec 916(d). 568
Strategy......................... PL 110-140 Sec 916(c). 567
Working groups................... PL 110-140 Sec 916(b). 566
Task Force to Monitor and Combat EO 13257.............. 909
Trafficking in Persons.
Activities....................... EO 13257 Sec 2........ 909
Administration................... EO 13257 Sec 3........ 910
Enhanced prevention.............. EO 13257 Sec 5........ 911
Establishment.................... EO 13257 Sec 1........ 909
Guidance for exercising authority EO 13257 Sec 7........ 911
and performing duties.
Guidelines, policies and EO 13257 Sec 4........ 910
regulations.
Judicial review.................. EO 13257 Sec 8........ 912
Research......................... EO 13257 Sec 6........ 911
Technical assistance
Administrative authorities....... PL 87-195 Sec 129(d).. 92
Administrative requirements...... PL 87-195 Sec 129(c).. 91
Authorization, 1999.............. PL 87-195 Sec 129(j).. 95
Conduct of program............... PL 87-195 Sec 129(b).. 91
Definitions...................... PL 87-195 Sec 129(i).. 94
Program establishment............ PL 87-195 Sec 129(a).. 90
Regulations issuance............. PL 87-195 Sec 129(e).. 93
Report to Congress............... PL 87-195 Sec 129(h).. 94
Rule of construction............. PL 87-195 Sec 129(f).. 93
Termination of assistance........ PL 87-195 Sec 129(g).. 93
Technical Assistance, International
Affairs
Appropriations, 2006............. PL 109-102 Title II... 1403
PL 109-234 Title I.... 1376
Appropriations, 2007............. PL 110-28 Title I..... 1357
Appropriations, 2009............. PL 111-8 Title III.... 1126
Technical information
Foreign assistance............... PL 87-195 Sec 606..... 314
Technology. See also Science
Transfers study.................. PL 95-92 Sec 24....... 1048
Terrorism
Antiterrorism assistance
Administrative authorities..... PL 87-195 Sec 575..... 304
Appropriations, 2006........... PL 109-102 Title II... 1402
Appropriations, 2007........... PL 110-28 Title I..... 1357
PL 110-28 Title III... 1359
Appropriations, 2008........... PL 110-161 Title III.. 1277
PL 110-252 Title I.... 1230
...................... 1234
Appropriations, 2009........... PL 111-8 Title III.... 1123
PL 111-32 Title XI.... 1205
Authorization, 1984............ PL 98-151 Sec 101(b).. 993
Authorization, 2001-2003....... PL 87-195 Sec 574..... 303
General authority.............. PL 87-195 Sec 571..... 301
Limitations.................... PL 87-195 Sec 573..... 301
Purposes....................... PL 87-195 Sec 572..... 301
Arms export transactions with PL 90-629 Sec 40...... 507
countries supporting acts of
international terrorism.
Terrorism--Continued
Civil aviation boycott of PL 99-83 Sec 555...... 946
countries providing support.
Coordination of U.S. assistance PL 99-83 Sec 502...... 944
to foreign countries.
Demobilization and disarmament of
former irregular combatants for
foreign terrorist organizations
in Colombia.
Appropriations, 2006........... PL 109-102 Sec 599E... 1466
Foreign aid prohibition
Countries aiding terrorist PL 87-195 Sec 620G.... 350
states.
PL 87-195 Sec 620H.... 351
Supporting governments......... PL 87-195 Sec 620A.... 340
PL 109-102 Sec 541.... 1433
PL 110-161 Sec 642.... 1306
PL 111-8 Sec 7021..... 1147
Terrorist countries............ PL 109-102 Sec 527.... 1422
PL 110-161 Sec 626.... 1296
PL 111-8 Sec 7022..... 1147
Hijacking of TWA flight 847, PL 99-83 Sec 558...... 947
sense of Congress.
Imports ban...................... PL 99-83 Sec 505...... 944
International Anti-Terrorism PL 99-83 Sec 506...... 945
Committee.
International terrorism control PL 99-83 Sec 507...... 945
treaty, sense of Congress.
Libya
Condemnation for support of PL 97-113 Sec 718..... 1001
activities.
Prohibition on imports and PL 99-83 Sec 504...... 944
exports.
National Commission on Terrorism. PL 105-277 Sec 591.... 1530
Palestinian Anti-Terrorism Act of PL 109-446............ 596
2006.
State sponsored
Civil liability for............ PL 104-208 Sec 589.... 1543
Sense of Congress.............. PL 99-83 Sec 508...... 945
Syria Accountability and Lebanese PL 108-175............ 649
Sovereignty Restoration Act of
2003.
U.S. citizens acting in the PL 97-113 Sec 719..... 1002
service of.
Thailand
Ammunition sales................. PL 96-92 Sec 24....... 1026
Foreign aid funds use limitation. PL 93-189 Sec 31...... 1070
Tibet
Foreign aid
Appropriations, 2006........... PL 109-102 Sec 575.... 1453
Appropriations, 2008........... PL 110-161 Sec 638(c). 1305
PL 110-252 Sec 1412... 1244
Appropriations, 2009........... PL 111-8 Sec 7071(a).. 1186
Prohibitions................... PL 87-195 Sec 620(f).. 333
Tied aid credit program............ PL 99-83 Sec 206...... 941
Timor-Leste, Democratic Republic of
Economic assistance
Appropriations, 2006........... PL 109-102 Title II... 1392
Tobacco
Promotion prohibition............ PL 110-161 Sec 699N... 1349
PL 111-8 Sec 7084..... 1197
Tom Lantos and Henry J. Hyde United
States Global Leadership Against
HIV/AIDS, Tuberculosis, and
Malaria Reauthorization Act of
2008. See HIV/AIDS
Torture. See Victims of torture
Trade and Development Agency
Annual report.................... PL 87-195 Sec 661(d).. 401
Appropriations, 2006............. PL 109-102 Title I.... 1383
Appropriations, 2008............. PL 110-161 Title II... 1261
Appropriations, 2009............. PL 111-8 Title VI..... 1135
Audits........................... PL 87-195 Sec 661(e).. 401
Authorities...................... PL 87-195 Sec 661(b).. 400
Director and personnel........... PL 87-195 Sec 661(c).. 401
Trade and Development Agency--
Continued
Energy technologies promotion.... PL 110-140 Sec 915.... 565
Funding.......................... PL 87-195 Sec 661(f).. 402
Purpose.......................... PL 87-195 Sec 661(a).. 400
Renaming of Trade and Development PL 102-549 Sec 202.... 915
Program.
Trade credit insurance programs
Central America.................. PL 87-195 Sec 224..... 115
Poland........................... PL 87-195 Sec 225..... 116
Trade practices
Jobs Through Exports Act of 1992. PL 102-549............ 915
Jobs Through Trade Expansion Act
of 1994
Intellectual property PL 103-392 Sec 501.... 913
protection program.
Mexico
Facilitating international PL 99-83 Sec 717...... 962
commerce.
Trafficking in persons............. 18 USC................ 900
Child Soldiers Prevention Act of PL 110-457............ 553
2008.
Definitions.................... PL 110-457 Sec 402.... 553
Foreign Service officer PL 110-457 Sec 406.... 557
training.
Prohibition.................... PL 110-457 Sec 404.... 555
Reports........................ PL 110-457 Sec 405.... 556
Sense of Congress.............. PL 110-457 Sec 403.... 554
Civil remedy..................... 18 USC Sec 1595....... 907
Elimination assistance........... PL 87-195 Sec 134..... 98
Enticement into slavery.......... 18 USC Sec 1583....... 900
Financial benefit................ 18 USC Sec 1593A...... 906
Forced labor..................... 18 USC Sec 1589....... 902
Jurisdiction..................... 18 USC Sec 1596....... 908
Mandatory restitution............ 18 USC Sec 1593....... 905
Obstructing enforcement.......... 18 USC Sec 1581....... 900
Peonage.......................... 18 USC Sec 1581....... 900
Peonage, slavery, involuntary 18 USC Sec 1590....... 903
servitude or forced labor.
Possession of slaves aboard 18 USC Sec 1587....... 902
vessels.
President's Interagency Task EO 13257.............. 909
Force to Monitor and Combat
Trafficking in Persons.
Punishment....................... 18 USC Sec 1594....... 906
Sale into involuntary servitude.. 18 USC Sec 1584....... 901
Seizure, detention, 18 USC Sec 1585....... 901
transportation or sale of slaves.
Senior Policy Operating Group
Appropriations, 2008........... PL 110-161 Sec 106.... 1256
PL 111-8 Sec 7068..... 1183
Service on vessels in slave trade 18 USC Sec 1586....... 901
Sex trafficking of children...... 18 USC Sec 1591....... 903
Trafficking Victims Protection PL 106-386............ 821
Act of 2000.
Actions against governments PL 106-386 Sec 110.... 848
failing to meet minimum
standards.
Actions against significant PL 106-386 Sec 111.... 854
traffickers.
Authorization, 2008-2011....... PL 106-386 Sec 113.... 858
Definitions.................... PL 106-386 Sec 103.... 824
Interagency Task Force to PL 106-386 Sec 105.... 827
Monitor and Combat Trafficking.
Minimum standards assistance... PL 106-386 Sec 108.... 844
PL 106-386 Sec 109.... 847
Presidential Award for PL 106-386 Sec 112B... 858
Extraordinary Efforts to
Combat Trafficking.
Prevention..................... PL 106-386 Sec 106.... 831
Programs effectiveness......... PL 106-386 Sec 107A... 843
Prosecution.................... PL 106-386 Sec 112.... 855
Purposes and findings.......... PL 106-386 Sec 102.... 821
Trafficking in persons--Continued
Trafficking Victims Protection
Act of 2000--Continued
Research on domestic and PL 106-386 Sec 112A... 856
international trafficking.
Victim protection and PL 106-386 Sec 107.... 834
assistance.
Trafficking Victims Protection
Reauthorization Act of 2003
Findings....................... PL 108-193 Sec 2...... 898
Trafficking Victims Protection PL 109-164............ 888
Reauthorization Act of 2005.
Definitions.................... PL 109-164 Sec 3272... 893
Findings....................... PL 109-164 Sec 2...... 888
Forced labor and child labor PL 109-164 Sec 105.... 895
prevention.
Forfeitures.................... PL 109-164 Sec 2428... 893
Offenses by persons employed by PL 109-164 Sec 3271... 892
or accompanying Federal
Government.
Pilot program for protection of PL 109-164 Sec 102.... 890
victims.
Post-conflict and humanitarian PL 109-164 Sec 101.... 890
emergency assistance.
Prosecution enhancement........ PL 109-164 Sec 103.... 892
Senior Policy Operating Group.. PL 109-164 Sec 206.... 896
U.S. efforts................... PL 109-164 Sec 104.... 894
Unlawful conduct with respect to 18 USC Sec 1592....... 905
documents.
Vessels for slave trade.......... 18 USC Sec 1582....... 900
William Wilberforce Trafficking PL 110-457............ 865
Victims Protection
Reauthorization Act of 2008.
Assistance..................... PL 110-457 Sec 213.... 873
Child trafficking.............. PL 110-457 Sec 235.... 876
Domestic workers and PL 110-457 Sec 202.... 868
nonimmigrants.
Enforcement.................... PL 110-457 Sec 225.... 874
Fee increase for consular PL 110-457 Sec 239.... 886
services.
Inspectors General PL 110-457 Sec 232.... 875
investigation.
Labor Department activities PL 110-457 Sec 110.... 867
report.
Minimum standards; actions PL 110-457 Sec 107.... 867
against governments failing to
meet.
Multilateral framework, labor PL 110-457 Sec 111.... 867
exporting and importing
countries.
Report......................... PL 110-457 Sec 237.... 883
Rule of construction........... PL 110-457 Sec 303.... 887
Sex tourism passports PL 110-457 Sec 236.... 883
restriction.
Visas.......................... PL 110-457 Sec 203.... 870
Visas processing............... PL 110-457 Sec 238.... 885
Treasury, Department of
Debt restructuring
Appropriations, 2006........... PL 109-102 Title II... 1403
PL 110-161 Title III.. 1278
Appropriations, 2009........... PL 111-8 Title III.... 1126
International affairs technical
assistance
Appropriations, 2006........... PL 109-102 Title II... 1403
PL 109-234 Title I.... 1376
Appropriations, 2007........... PL 110-28 Title I..... 1357
PL 110-161 Title III.. 1278
Appropriations, 2009........... PL 111-8 Title III.... 1126
Treasury, Secretary of
Foreign aid
Mexico......................... PL 104-6 Sec 404...... 1546
Treaty on Conventional Armed Forces
in Europe
Equipment transfer to NATO
members
Authorities.................... PL 90-629 Sec 93...... 542
Definitions.................... PL 90-629 Sec 95...... 543
Notifications.................. PL 90-629 Sec 94(a)... 543
Treaty on Conventional Armed Forces
in Europe--Continued
Equipment transfer to NATO
members--Continued
Obligations.................... PL 90-629 Sec 92...... 542
Purpose........................ PL 90-629 Sec 91...... 541
Reports to Congress............ PL 90-629 Sec 94(b)... 543
Tropical Forest Conservation Act... PL 87-195............. 415
Agreement........................ PL 87-195 Sec 809..... 423
Benefits eligibility............. PL 87-195 Sec 805..... 418
Board............................ PL 87-195 Sec 811..... 425
Consultations with the Congress.. PL 87-195 Sec 812..... 426
Debt-for-nature swaps and debt PL 87-195 Sec 808..... 421
buybacks.
Debt reduction................... PL 87-195 Sec 806..... 419
PL 87-195 Sec 807..... 420
Definitions...................... PL 87-195 Sec 803..... 417
Facility establishment........... PL 87-195 Sec 804..... 418
Findings and purposes............ PL 87-195 Sec 802..... 416
Fund............................. PL 87-195 Sec 810..... 425
Reports to Congress.............. PL 87-195 Sec 813..... 426
Tropical forests
Appropriations, 1990............. PL 101-167 Sec 534(a). 1568
Appropriations, 2006............. PL 109-102 Sec 534(b). 1427
Foreign aid...................... PL 87-195 Sec 118..... 77
Tuberculosis
Appropriations, 2006............. PL 109-102 Title II... 1383
Foreign aid
Annual report.................. PL 87-195 Sec 104B(g). 59
Coordination................... PL 87-195 Sec 104B(d). 58
Definitions.................... PL 87-195 Sec 104B(h). 60
Findings....................... PL 87-195 Sec 104B(a). 57
Policy......................... PL 87-195 Sec 104B(b). 58
Program authorization.......... PL 87-195 Sec 104B(c). 58
TB Strategy.................... PL 87-195 Sec 104B(e). 58
World Health Organization and PL 87-195 Sec 104B(f). 59
Stop Tuberculosis Partnership.
Global AIDS and Tuberculosis PL 106-264............ 727
Relief Act of 2000.
International Tuberculosis PL 106-264............ 736
Control Act of 2000.
Findings....................... PL 106-264 Sec 202.... 736
Program oversight..............
Tom Lantos and Henry J. Hyde PL 110-293............ 719
United States Global Leadership
Against HIV/AIDS, Tuberculosis,
and Malaria Reauthorization Act
of 2008.
Authorization.................. PL 110-293 Sec 401.... 721
Transmission prevention........ PL 110-293 Sec 203.... 719
Vaccine development............ PL 110-293 Sec 206.... 720
United States Leadership Against PL 108-25............. 657
HIV/AIDS, Tuberculosis and
Malaria Act of 2003.
Allocation of funds............ PL 108-25 Sec 403..... 714
Annual study................... PL 108-25 Sec 101(g).. 681
Assistance to combat PL 108-25 Sec 302..... 697
tuberculosis.
Authorization, 2004............ PL 108-25 Sec 503..... 717
Authorization, 2008-2012....... PL 108-25 Sec 401..... 711
Definitions.................... PL 108-25 Sec 3....... 666
Evaluation of progress......... PL 108-25 Sec 101(c).. 677
Expansion of debt relief report PL 108-25 Sec 502..... 717
Family survival partnerships PL 108-25 Sec 315..... 709
pilot program.
Findings....................... PL 108-25 Sec 2....... 658
Global AIDS Coordinator message PL 108-25 Sec 101(h).. 681
Global Fund to Fight Aids, PL 108-25 Sec 202..... 684
Tuberculosis and Malaria.
Global strategy development.... PL 108-25 Sec 101(a).. 668
Tuberculosis--Continued
United States Leadership Against
HIV/AIDS, Tuberculosis and
Malaria Act of 2003--Continued
HIV/AIDS Response Coordinator PL 108-25 Sec 102..... 681
position.
Injection safety strategies.... PL 108-25 Sec 306..... 703
Inspectors General plan........ PL 108-25 Sec 101(f).. 680
Public-private partnerships, PL 108-25 Sec 201..... 684
sense of Congress.
Purpose........................ PL 108-25 Sec 4....... 667
Reports........................ PL 108-25 Sec 5....... 668
PL 108-25 Sec 101(b).. 673
PL 108-25 Sec 101(d).. 679
PL 108-25 Sec 101(e).. 679
PL 108-25 Sec 305..... 702
PL 108-25 Sec 307..... 703
Strengthening health policies PL 108-25 Sec 204..... 692
and systems.
Women, children and families PL 108-25 Sec 311..... 704
assistance.
PL 108-25 Sec 312..... 705
Vaccine development programs..... PL 87-195 Sec 302(d).. 183
Tunisia
Foreign aid...................... PL 99-83 Sec 805...... 977
Turkey
Disaster assistance.............. PL 87-195 Sec 495E.... 226
External debt burden............. PL 97-113 Sec 723..... 1004
Foreign aid
Policy......................... PL 87-195 Sec 620C.... 342
Supplemental authorization, PL 96-92 Sec 27....... 1027
1979.
Military assistance policy....... PL 95-384 Sec 13...... 1043
Military sales
Financing...................... PL 99-83 Sec 101(f)... 934
Loan guarantee................. PL 96-92 Sec 17....... 1025
Loan repayment................. PL 96-533 Sec 106(d).. 1013
Prohibitions................... PL 87-195 Sec 620(x).. 338
Modernization of military
capabilities
Appropriations, 1990........... PL 101-167 Sec 573.... 1573
Turkmenistan
Foreign aid
Appropriations, 2008........... PL 110-161 Sec 698.... 1341
U
U.S. Troop Readiness, Veterans' PL 110-28............. 1350
Care, Katrina Recovery, and Iraq
Accountability Appropriations Act,
2007
Anti-terrorism................... PL 110-28 Title I..... 1357
PL 110-28 Title III... 1359
Child Survival and Health PL 110-28 Title I..... 1355
Programs Fund.
Civilian Reserve Corps........... PL 110-28 Sec 3810.... 1363
Debt restructuring............... PL 110-28 Sec 3803.... 1360
Demining......................... PL 110-28 Title I..... 1357
PL 110-28 Title III... 1359
Democracy Fund................... PL 110-28 Title I..... 1356
PL 110-28 Title III... 1358
Disaster and famine assistance... PL 110-28 Title I..... 1355
PL 110-28 Title III... 1358
Eastern Europe and the Baltic PL 110-28 Title I..... 1356
States.
Economic Support Fund............ PL 110-28 Title I..... 1356
PL 110-28 Title III... 1358
Emergency needs requirement...... PL 110-28 Sec 10002... 1364
Foreign Military Financing....... PL 110-28 Title I..... 1357
PL 110-28 Title III... 1359
Funding tables, reports and PL 110-28 Sec 3807.... 1362
directives.
U.S. Troop Readiness, Veterans'
Care, Katrina Recovery, and Iraq
Accountability Appropriations Act,
2007--Continued
Funds authorization.............. PL 110-28 Sec 1601.... 1357
Government Accountability Office. PL 110-28 Sec 3804.... 1361
Human Rights and Democracy Fund.. PL 110-28 Sec 3805.... 1361
International affairs technical PL 110-28 Title I..... 1357
assistance.
Iraq and Afghanistan Inspector PL 110-28 Sec 3806.... 1361
General oversight.
Law enforcement.................. PL 110-28 Title III... 1358
Lebanon.......................... PL 110-28 Sec 3802.... 1359
Migration and refugee assistance. PL 110-28 Title I..... 1356
PL 110-28 Title III... 1359
Narcotics control and law PL 110-28 Title I..... 1356
enforcement.
PL 110-28 Title III... 1358
Nonproliferation................. PL 110-28 Title I..... 1357
PL 110-28 Title III... 1359
Oversight authority extension.... PL 110-28 Sec 3801.... 1359
Pakistan conditions on assistance PL 110-28 Sec 3809.... 1362
Peacekeeping operations.......... PL 110-28 Title I..... 1357
PL 110-28 Title III... 1359
Progress in Iraq, findings....... PL 110-28 Sec 1314.... 1350
Reports to Congress.............. PL 110-28 Sec 1314.... 1350
Spending plan and notification PL 110-28 Sec 3808.... 1362
procedures.
Statement of appropriations...... PL 110-28 Sec 3....... 1350
Technical amendment.............. PL 110-28 Sec 6801.... 1363
Transfer of funds................ PL 110-28 Sec 1313.... 1350
United States Agency for PL 110-28 Title I..... 1355
International Development.
PL 110-28 Title III... 1358
United States Emergency Refugee PL 110-28 Title I..... 1357
and Migration Assistance Fund.
PL 110-28 Title III... 1359
Uganda
Encouragement of free, open PL 96-533 Sec 719..... 1024
elections.
UNICEF. See United Nations
Children's Fund
United Nations
Contributions restriction........ PL 110-161 Sec 602.... 1284
Delegations funding restrictions. PL 110-161 Sec 112.... 1257
PL 111-8 Sec 7054..... 1176
Financial obligations to......... PL 97-113 Sec 717..... 1001
Fund for Drug Abuse Control
Authorization, 1989............ PL 87-195 Sec 302(j).. 184
Funds use for international PL 96-53 Sec 114...... 1028
development, 1979.
High Commissioner for Refugees
Actions in China............... PL 108-333 Sec 304(a). 779
Arbitration procedures......... PL 108-333 Sec 304(b). 780
Human Rights, Commission on
North Korea activities......... PL 108-333 Sec 105.... 774
Human Rights Council............. PL 110-161 Sec 695.... 1340
PL 111-8 Sec 7052..... 1175
Peacekeeping operations
Funding limitations............ PL 87-195 Sec 554..... 299
PL 111-8 Sec 7050..... 1175
Population Fund.................. PL 111-8 Sec 7079..... 1193
Prohibition of assistance PL 109-102 Sec 540.... 1432
payments to members.
PL 110-161 Sec 640.... 1306
PL 111-8 Sec 7048..... 1174
Regular assessed costs to be paid PL 92-226 Sec 410..... 1077
by the United States.
Restrictions on voluntary PL 109-102 Sec 502.... 1409
contributions to agencies.
Transparency and accountability.. PL 111-8 Sec 7088(a).. 1198
United Nations--Continued
Travel restrictions on PL 109-446 Sec 6...... 598
representatives of the
Palestinian Authority and the
PLO stationed in New York City.
Voting record.................... PL 101-167 Sec 527.... 1567
War crimes tribunals drawdown.... PL 111-8 Sec 7049..... 1174
United Nations Children's Fund
Immunization and oral rehydration
in developing countries
Findings....................... PL 99-529 Sec 101..... 926
United Nations Development Program
Afghanistan
Appropriations, 2009........... PL 111-32 Sec 1102(f). 1210
Transparency and accountability.. PL 110-161 Sec 668(b). 1325
United Nations Population Fund
Appropriations, 2006............. PL 109-102 Sec 560.... 1444
Appropriations, 2008............. PL 110-161 Sec 660.... 1319
United Nations Security Council
Promotion of U.S. policy toward PL 109-456 Sec 201.... 594
the Democratic Republic of the
Congo.
United States Agency for
International Development
Aid credit guarantees to finance PL 102-549 Sec 307.... 918
capital projects report.
Appropriations, 2006............. PL 109-102 Title II... 1383
Appropriations, 2008............. PL 110-161 Title III.. 1266
...................... 1267
Appropriations, 2009
Andean counterdrug programs.... PL 111-8 Title III.... 1122
Capital Investment Fund........ PL 111-8 Title I...... 1110
PL 111-8 Title II..... 1101
Civilian Stabilization PL 111-8 Title I...... 1099
Initiative.
PL 111-8 Title II..... 1110
Development assistance......... PL 111-8 Title III.... 1115
Development Credit Authority... PL 111-8 Title III.... 1116
Disability programs............ PL 111-8 Sec 7089..... 1198
Economic Support Fund.......... PL 111-8 Title III.... 1118
Global health and child PL 111-8 Title III.... 1111
survival.
Inspector General Office....... PL 111-8 Title I...... 1101
PL 111-8 Title II..... 1111
Millennium Challenge PL 111-8 Title III.... 1125
Corporation.
Operating expenses............. PL 111-8 Title II..... 1109
PL 111-32 Title XI.... 1203
Transition initiatives......... PL 111-8 Title III.... 1115
Authorization, 1986 and 1987..... PL 87-195 Sec 667..... 404
Capital projects for poverty PL 102-549 Sec 303.... 917
alleviation.
Capital projects office.......... PL 102-549 Sec 302.... 916
Child Survival and Health
Programs Fund
Appropriations, 2007........... PL 110-28 Title I..... 1355
Development Grants Program
Appropriations, 2008........... PL 110-161 Sec 674.... 1330
Disaster and famine assistance
Appropriations, 2007........... PL 110-28 Title III... 1358
Endangered species assistance.... PL 87-195 Sec 119(g).. 82
Environmental assistance PL 87-195 Sec 106(e).. 66
activities funding.
Global health and child survival
Appropriations, 2008........... PL 110-161 Title III.. 1262
Hiring authority
Appropriations, 2005........... PL 108-447 Sec 528.... 1473
Inspector General Office
operating expenses
Appropriations, 2006........... PL 109-102 Title II... 1390
Management....................... PL 109-102 Sec 577.... 1454
United States Agency for
International Development--
Continued
Management--Continued
PL 110-161 Sec 676.... 1331
PL 111-8 Sec 7059..... 1178
Millennium Challenge Corporation PL 108-9 Sec 615...... 637
program coordination.
Operating expenses
Appropriations, 2006........... PL 109-102 Title II... 1389
PL 109-234 Title I.... 1373
Appropriations, 2007........... PL 110-28 Title I..... 1355
PL 110-28 Title III... 1358
Appropriations, 2008........... PL 110-252 Title I.... 1229
...................... 1233
Overseas program................. PL 108-9 Sec 525...... 1476
Piaster conversion............... PL 95-92 Sec 29....... 1049
Property Management Fund......... PL 101-513 Sec 585.... 1562
Reports to Congress.............. PL 101-513 Sec 562.... 1561
Voluntary separation incentives PL 106-113 Sec 579.... 1517
for employees.
United States-China Economic and
Security Review Commission
Appropriations, 2008............. PL 110-161 Title I.... 1254
Appropriations, 2009............. PL 111-8 Title I...... 1108
Financial management............. PL 110-161 Sec 118.... 1259
United States Commercial Centers
Authorization, 1993 and 1994..... PL 102-549 Sec 401(i). 920
Definitions...................... PL 102-549 Sec 401(k). 920
Establishment.................... PL 102-549 Sec 401(a). 918
Functions........................ PL 102-549 Sec 401(c). 919
Market Development Cooperator PL 102-549 Sec 401(h). 920
Program.
Purpose.......................... PL 102-549 Sec 401(b). 919
Relationship to Department of PL 102-549 Sec 401(g). 920
Commerce operations.
Services......................... PL 102-549 Sec 401(d). 919
Staffing......................... PL 102-549 Sec 401(f). 919
Trade promotion activities....... PL 102-549 Sec 401(e). 919
United States Emergency Refugee and
Migration Assistance Fund
Appropriations, 2006............. PL 109-102 Title II... 1397
Appropriations, 2007............. PL 110-28 Title I..... 1357
PL 110-28 Title III... 1359
Appropriations, 2008............. PL 110-161 Title III.. 1277
PL 110-252 Title I.... 1230
United States Institute of Peace
Appropriations, 2008............. PL 110-161 Title I.... 1255
Appropriations, 2009............. PL 111-8 Title I...... 1106
United States Leadership Against PL 108-25............. 657
HIV/AIDS, Tuberculosis and Malaria
Act of 2003
Allocation of funds.............. PL 108-25 Sec 403..... 714
Annual study..................... PL 108-25 Sec 101(g).. 681
Assistance to combat HIV/AIDS.... PL 108-25 Sec 301..... 694
Assistance to combat tuberculosis PL 108-25 Sec 302..... 697
Authority to consolidate and PL 108-25 Sec 5....... 668
combine reports.
Authorization, 2004.............. PL 108-25 Sec 503..... 717
Authorization, 2008-2012......... PL 108-25 Sec 401..... 711
Children and families affected by PL 108-25 Sec 314..... 708
HIV/AIDS pilot program.
Debt relief report............... PL 108-25 Sec 502..... 717
Definitions...................... PL 108-25 Sec 3....... 666
Distribution of HIV/AIDS funds... PL 108-25 Sec 402(b).. 714
Family survival partnerships PL 108-25 Sec 315..... 709
pilot program.
Findings......................... PL 108-25 Sec 2....... 658
Global AIDS Coordinator message.. PL 108-25 Sec 101(h).. 681
United States Leadership Against
HIV/AIDS, Tuberculosis and Malaria
Act of 2003--Continued
Global Fund to Fight Aids, PL 108-25 Sec 202..... 684
Tuberculosis and Malaria
participation.
Global strategy development...... PL 108-25 Sec 101(b).. 668
Health policies and systems of PL 108-25 Sec 204..... 692
partner countries.
HIV/AIDS antiretroviral treatment PL 108-25 Sec 402(a).. 714
HIV/AIDS Response Coordinator PL 108-25 Sec 102..... 681
position.
Injection safety strategies...... PL 108-25 Sec 306..... 703
Inspectors General plan.......... PL 108-25 Sec 101(f).. 680
Malaria.......................... PL 108-25 Sec 303..... 697
Malaria Response Coordinator..... PL 108-25 Sec 304..... 699
Mother-to-child HIV transmission PL 108-25 Sec 312(c).. 707
prevention report.
PL 108-25 Sec 313..... 707
Prescription drugs, study........ PL 108-25 Sec 307..... 703
Private sector HIV/AIDS PL 108-25 Sec 404..... 716
assistance in sub-Saharan Africa.
Progress......................... PL 108-25 Sec 101(c).. 677
Public-private partnerships, PL 108-25 Sec 201..... 684
sense of Congress.
Purpose.......................... PL 108-25 Sec 4....... 667
Reports.......................... PL 108-25 Sec 101(b).. 673
PL 108-25 Sec 101(d).. 679
PL 108-25 Sec 101(e).. 679
Treatment activities by relevant PL 108-25 Sec 305..... 702
executive branch agencies,
report.
Women, children and families PL 108-25 Sec 311..... 704
assistance.
PL 108-25 Sec 312..... 705
United States Microfinance Loan
Facility
Disbursements.................... PL 87-195 Sec 257(b).. 163
Establishment.................... PL 87-195 Sec 257(a).. 162
Funding.......................... PL 87-195 Sec 257(d).. 164
Provisions....................... PL 87-195 Sec 257(c).. 163
United States Senate-China
Interparliamentary Group
Appropriations, 2008............. PL 110-161 Title I.... 1255
Appropriations, 2009............. PL 111-8 Title I...... 1109
University programs
Appropriations, 2006............. PL 109-102 Sec 534(i). 1428
Uranium
Exports.......................... PL 96-533 Sec 110..... 1013
Uruguay
Economic assistance.............. PL 99-83 Sec 720...... 964
USAID. See United States Agency for
International Development
Uzbekistan
Foreign aid
Appropriations, 2006........... PL 109-102 Sec 586.... 1458
Appropriations, 2008........... PL 110-161 Sec 685.... 1336
PL 110-161 Sec 698.... 1341
Appropriations, 2009........... PL 111-8 Sec 7076..... 1192
V
Vaccine Fund
Authorization, 2004-2008......... PL 87-195 Sec 302(k).. 184
Valid obligations.................. 31 USC................ 1590
Audit, control and reporting..... 31 USC Sec 1554....... 1594
Authority for exemptions in 31 USC Sec 1557....... 1596
appropriation laws.
Availability of appropriation 31 USC Sec 1553....... 1593
accounts to pay obligations.
Valid obligations--Continued
Availability of funds following 31 USC Sec 1558....... 1596
resolution of formal protest or
challenge.
Balances available............... 31 USC Sec 1502....... 1591
Closing of appropriation accounts 31 USC Sec 1555....... 1595
available for indefinite periods.
Comptroller General reports on 31 USC Sec 1556....... 1596
appropriation accounts.
Definitions...................... 31 USC Sec 1551....... 1592
Documentary evidence requirement 31 USC Sec 1501....... 1591
for Government obligations.
Preparation and submission of 31 USC Sec 1108....... 1590
appropriations requests to the
President.
Procedure for appropriation 31 USC Sec 1552....... 1593
accounts available for definite
periods.
Vessels. See Naval Vessel Transfer
Act of 2008; Naval Vessels
Transfer Act of 2005
Victims of torture
Foreign aid...................... PL 87-195 Sec 130..... 95
PL 110-161 Sec 681.... 1333
PL 111-8 Sec 7069..... 1183
Victims of trafficking
Protection and assistance........ PL 87-195 Sec 134..... 98
Victims of war
Foreign aid
Appropriations, 2006........... PL 109-102 Sec 534(a). 1426
Appropriations, 2009........... PL 111-8 Sec 7034..... 1156
Vietnam
Accounting of Americans missing PL 95-88 Sec 132(b)... 1051
in action.
Adjustment of status for parolees PL 101-167 Sec 599E... 1579
Agency for International PL 95-92 Sec 29....... 1049
Development employees, piaster
conversion.
Foreign aid
Appropriations, 2006........... PL 109-102 Title II... 1392
Appropriations, 2009........... PL 111-8 Sec 7071(h).. 1188
Funds use prohibition.......... PL 93-189 Sec 31...... 1070
PL 95-424 Sec 602..... 1042
PL 96-533 Sec 717..... 1023
Immigration...................... PL 100-202 Sec 584.... 1586
Indochina war funding prohibition PL 93-189 Sec 30...... 1070
International Commission of PL 93-559 Sec 48...... 1065
Control and Supervision in
Vietnam.
Parolees......................... PL 106-429 Sec 586.... 1499
Prisoners of war and individuals PL 93-189 Sec 34...... 1071
missing in action.
Refugees
Appropriations, 2005........... PL 108-447 Sec 594.... 1474
Appropriations, 2006........... PL 109-102 Sec 534(f). 1428
Appropriations, 2009........... PL 111-8 Sec 7034(d).. 1158
Crisis......................... PL 96-53 Sec 509...... 1037
Status for adult children of PL 104-208 Sec 584.... 1542
former reeducation camp
internees.
Vietnam (Socialist Republic of)
Foreign aid prohibitions......... PL 87-195 Sec 620(f).. 333
Visas
Denial........................... PL 110-161 Sec 105.... 1256
Colombian insurgent and PL 106-246 Sec 3205... 1513
paramilitary group supporters.
Illegal armed groups........... PL 109-102 Sec 557.... 1442
Related to removal of aliens... PL 110-161 Sec 694.... 1340
Taiwan........................... PL 97-113 Sec 714..... 999
Voluntary organizations. See
Private and voluntary
organizations
W
War crimes
Africa........................... PL 109-102 Sec 590.... 1460
PL 110-161 Sec 687.... 1337
PL 111-8 Sec 7070(d).. 1185
War Crimes Tribunal
Drawdown......................... PL 109-102 Sec 545.... 1435
PL 110-161 Sec 645.... 1308
PL 111-8 Sec 7049..... 1174
War criminals
Funding prohibitions............. PL 109-102 Sec 561.... 1445
PL 110-161 Sec 658.... 1317
War Reserves Stockpile for Allies
Authority to transfer items...... PL 109-159 Sec 1(a)... 607
Certification of materiel........ PL 109-159 Sec 1(b)... 607
Definition....................... PL 109-159 Sec 1(d)... 608
Termination of................... PL 109-159 Sec 1(c)... 608
Water for the Poor Act of 2005. See
Senator Paul Simon Water for the
Poor Act of 2005.
Water programs
Appropriations, 2009............. PL 111-8 Title III.... 1114
Desalting plant prototype........ PL 87-195 Sec 219..... 107
Safe drinking water programs..... PL 87-195 Sec 135..... 103
Weapons of mass destruction
Iran
Money laundering prevention.... PL 109-293 Sec 501.... 605
Syria Accountability and Lebanese PL 108-175............ 649
Sovereignty Restoration Act of
2003.
West Bank and Gaza
Economic Support Fund
Appropriations, 2009........... PL 111-8 Title III.... 1117
Foreign aid
Appropriations, 2006........... PL 109-102 Sec 559.... 1443
PL 109-102 Title II... 1391
Appropriations, 2008........... PL 110-161 Sec 657.... 1316
PL 110-161 Title III.. 1268
PL 110-252 Sec 1404... 1237
Appropriations, 2009........... PL 111-8 Sec 7039..... 1162
Limitations.................... PL 87-195 Sec 620L.... 355
PL 109-102 Sec 544.... 1435
PL 109-446 Sec 3...... 597
PL 110-161 Sec 644.... 1308
Refugees programs and oversight PL 111-32 Sec 1114.... 1216
Western Sahara
U.S. policy...................... PL 99-83 Sec 808...... 978
WHO. See World Health Organization
William Wilberforce Trafficking
Victims Protection Reauthorization
Act of 2008. See Trafficking in
persons.
Women
Afghanistan
Appropriations, 2009........... PL 111-32 Sec 1102(b). 1208
Appropriations, 2009............. PL 111-8 Sec 7062..... 1181
PL 111-8 Title III.... 1115
Economic assistance.............. PL 87-195 Sec 113..... 69
Female genital mutilation........ PL 104-208 Sec 579.... 1541
Gender-based violence prevention
Appropriations, 2006........... PL 109-102 Sec 573.... 1452
Appropriations, 2008........... PL 110-161 Sec 670.... 1327
Appropriations, 2009........... PL 111-8 Sec 7063..... 1182
Integration into national PL 87-195 Sec 305..... 186
economies.
World Bank
Activities report................ PL 111-32 Sec 1403.... 1219
World Bank--Continued
Inspection panel................. PL 110-161 Sec 699H... 1346
Transparency and accountability.. PL 110-161 Sec 668(c). 1325
PL 111-8 Sec 7088(b).. 1198
World Bank AIDS Trust Fund
Administration................... PL 106-264 Sec 123.... 734
Advisory Board................... PL 106-264 Sec 124.... 734
Authorization, 2001 and 2002..... PL 106-264 Sec 141.... 736
Certification requirement........ PL 106-264 Sec 142.... 736
Establishment.................... PL 106-264 Sec 121.... 732
Grant authorities................ PL 106-264 Sec 122.... 733
Reports.......................... PL 106-264 Sec 131.... 735
World Food Program
Appropriations, 2006............. PL 109-102 Sec 534(h). 1428
Appropriations, 2009............. PL 111-8 Sec 7034(h).. 1158
Funds rescission................. PL 110-252 Sec 1410(a) 1243
World Health Organization
Tuberculosis program assistance.. PL 87-195 Sec 104B(f). 59
Z
Zaire
Foreign aid...................... PL 99-83 Sec 804...... 977
Shaba Province airlift........... PL 96-92 Sec 26....... 1026
Zimbabwe
Foreign aid
Appropriations, 2006........... PL 109-102 Sec 572.... 1452
Appropriations, 2008........... PL 110-161 Sec 673.... 1329
PL 111-8 Sec 7070(c).. 1185
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