[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



                    U.S. GOVERNMENT PRINTING OFFICE
                           WASHINGTON : 2010
51-120 PS                                                               
_______________________________________________________________________

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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 [email protected].

                                  (v)


                             ABBREVIATIONS

                              ----------                              



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























                            C O N T E N T S

                               __________
                                                                   Page

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

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

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

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

 1. Foreign Assistance and Arms Export Acts......................    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 
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=======================================================================

              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
---------------------------------------------------------------------------
    * Note.--The Foreign Assistance Act will be referred to as the FA 
Act and ``this Act.''
---------------------------------------------------------------------------

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:
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \15\ Sec. 1304 of Public Law 99-399 (100 Stat. 898) added para. 
(3).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \16\ Sec. 101 of the International Development Cooperation Act of 
1979 (Public Law 96-53; 93 Stat. 359) added para. (3) and subsec. (f).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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,''.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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,''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------

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

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

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

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

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

    ``(B) There is authorized to be appropriated to the President, 
$60,000,000 for each of the fiscal years 2001 and 2002 to be used to 
carry out this paragraph. Funds appropriated under this subparagraph 
are authorized to remain available until expended.''.
    Sec. 103 of the International Malaria Control Act of 2000 (Public 
Law 106-570; 114 Stat. 3039; 22 U.S.C. 2151b-1) provided the following:
---------------------------------------------------------------------------

``sec. 103. assistance for malaria prevention, treatment, control, and 
elimination.
---------------------------------------------------------------------------

    ``(a) Assistance.--
---------------------------------------------------------------------------

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

    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

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

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

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.
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------

  ``(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,''.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
                  (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;
---------------------------------------------------------------------------
    \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\
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    \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).
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                  (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.
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
          (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.''.
---------------------------------------------------------------------------
          (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).
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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]
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    \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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
                  (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:
---------------------------------------------------------------------------

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

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

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

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

    ``* * * 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.--''.
---------------------------------------------------------------------------
    (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]
---------------------------------------------------------------------------
    \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]
---------------------------------------------------------------------------
    \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]
---------------------------------------------------------------------------
    \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:''.
---------------------------------------------------------------------------
    (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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \200\ 22 U.S.C. 2179. Sec. 104 of the FA Act of 1969 (Public Law 
91-175; 83 Stat. 806) added sec. 219.
---------------------------------------------------------------------------
    (b) Any agreement entered into under subsection (a) of this 
section shall include such terms and conditions as the 
President deems appropriate to insure, among other things, that 
all information, products, uses, processes, patents, and other 
developments obtained or utilized in the development of this 
prototype plant will be available without further cost to the 
United States for the use and benefit of the United States 
throughout the world, and to insure that the United States, its 
officers and employees have a permanent right to review data 
and have access to such plant for the purpose of observing its 
operations and improving science and technology in the field of 
desalination.
    (c) In carrying out the provisions of this section, the 
President may enter into contracts with public or private 
agencies and with any person without regard to sections 3648 
and 3709 of the Revised Statutes of the United States (31 
U.S.C. 529 and 41 U.S.C. 5).
    (d) Nothing in this section shall be construed as intending 
to deprive the owner of any background patent or any right 
which such owner may have under that patent.
    (e) In carrying out the provisions of this section, the 
President may utilize the personnel, services, and facilities 
of any Federal agency.
    (f) The United States costs, other than its administrative 
costs, for the study, design, construction, and operation of a 
prototype plant under this section shall not exceed either 50 
per centum of the total capital costs of the facilities 
associated with the production of water, and 50 per centum of 
the operation and maintenance costs for the demonstration 
period, or $20,000,000, whichever is less. There are authorized 
to be appropriated, subject to the limitations of this 
subsection, such sums as may be necessary to carry out the 
provisions of this section, including administrative costs 
thereof. Such sums are authorized to remain available until 
expended.
    (g) No funds appropriated for the Office of Saline Water 
pursuant to the appropriation authorized by the Act of July 11, 
1969 (83 Stat. 45, Public Law 91-43), or prior authorization 
Acts, shall be used to carry out the purposes of this section.
    Sec. 220.\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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

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

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

    ``(c) Overseas Private Investment Corporation.--
---------------------------------------------------------------------------

  ``(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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (D) \293\ loss due to business interruption caused by 
        any of the risks set forth in subparagraphs (A), (B), 
        and (C).
---------------------------------------------------------------------------
    \293\ Sec. 6(a)(1)(D) of the OPIC Amendments Act of 1985 (Public 
Law 99-204; 99 Stat. 1671) added subpara. (D).
---------------------------------------------------------------------------
    (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--''.
---------------------------------------------------------------------------
    (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.''.
---------------------------------------------------------------------------
    (2) To enter into pooling or other risk-sharing agreements 
with \313\ multinational insurance or financing agencies or 
groups of such agencies.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (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.--
---------------------------------------------------------------------------
    \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).
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          (1) Authority for pilot program.--In order to study 
        the feasibility and desirability of a program of equity 
        financing, the Corporation is authorized to establish a 
        4-year pilot program under which it may, on the limited 
        basis prescribed in paragraphs (2) through (5), 
        purchase, invest in, or otherwise acquire equity or 
        quasi-equity securities of any firm or entity, upon 
        such terms and conditions as the Corporation may 
        determine, for the purpose of providing capital for any 
        project which is consistent with the provisions of this 
        title except that--
                  (A) the aggregate amount of the Corporation's 
                equity investment with respect to any project 
                shall not exceed 30 percent of the aggregate 
                amount of all equity investment made with 
                respect to such project at the time that the 
                Corporation's equity investment is made, except 
                for securities acquired through the enforcement 
                of any lien, pledge, or contractual arrangement 
                as a result of a default by any party under any 
                agreement relating to the terms of the 
                Corporation's investment; and
                  (B) the Corporation's equity investment under 
                this subsection with respect to any project, 
                when added to any other investments made or 
                guaranteed by the Corporation under subsection 
                (b) or (c) with respect to such project, shall 
                not cause the aggregate amount of all such 
                investment to exceed, at the time any such 
                investment is made or guaranteed by the 
                Corporation, 75 percent of the total investment 
                committed to such project as determined by the 
                Corporation.
The determination of the Corporation under subparagraph (B) 
shall be conclusive for purposes of the Corporation's authority 
to make or guarantee any such investment.
          (2) \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:
---------------------------------------------------------------------------

``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.''.
    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:
---------------------------------------------------------------------------

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

``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'', * * *

  ``(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--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \401\ 22 U.S.C. 2211c.
---------------------------------------------------------------------------
          (2) Field testing.--The Administrator shall field-
        test the methods developed under paragraph (1). As part 
        of the testing, institutions and programs may use the 
        methods on a voluntary basis to demonstrate their 
        ability to reach the very poor.
          (3) Certification.--Not later than April 1, 2005, the 
        Administrator shall, from among the low-cost poverty 
        measurement methods developed under paragraph (1), 
        certify no fewer than two such methods as approved 
        methods for measuring the poverty levels of current, 
        incoming, or prospective clients of microenterprise 
        institutions for purposes of assistance under section 
        252.
    (b) Application.--The Administrator shall require that, 
with reasonable exceptions, all implementing partner 
organizations applying for microenterprise assistance under 
this title use one of the certified methods, beginning not 
later than October 1, 2006, to determine and report the poverty 
levels of current, incoming, or prospective clients.

SEC. 255.\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:
---------------------------------------------------------------------------

``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--
---------------------------------------------------------------------------

  ``(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''.
---------------------------------------------------------------------------
          (1) The extent to which the recipients of financial 
        services \410\ from the entity do not have access to 
        the local formal financial sector.
---------------------------------------------------------------------------
    \410\ Sec. 2(c)(2) of Public Law 108-31 (117 Stat. 775) struck out 
``credit'' and inserted in lieu thereof ``financial services''.
---------------------------------------------------------------------------
          (2) The extent to which the recipients of financial 
        services \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).
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

``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.''.
    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.''.

          (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.
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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;''
---------------------------------------------------------------------------

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''.
---------------------------------------------------------------------------
          (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;
---------------------------------------------------------------------------
    \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;
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------

  ``(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\
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
                  (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).
---------------------------------------------------------------------------
                  (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--
---------------------------------------------------------------------------
    \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;''.
---------------------------------------------------------------------------
          (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)''.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
    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''.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
                  (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
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
                  (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
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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;
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    \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
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    \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--
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  ``(1) participating in the planning, development, and implementation of,

  ``(2) initiating recommendations for, and

  ``(3) monitoring of,
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    the activities described in section 297 of this title.''.
---------------------------------------------------------------------------
    (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\
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    \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,
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    \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;
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    \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\
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    \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;
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    \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
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    \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\
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    \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)''.
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    (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).
---------------------------------------------------------------------------
    (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.
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    \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.
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    \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.
---------------------------------------------------------------------------
    \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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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:
---------------------------------------------------------------------------

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

* * * * * * *

``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.
---------------------------------------------------------------------------
          (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.
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    (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.
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    \557\ 22 U.S.C. 2275.
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    (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.
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    \558\ 22 U.S.C. 2276.
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               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--
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    \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:
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``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).
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          (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
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    \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.
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    \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''.
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    (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''.
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          (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''.
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          (1) the host country is fully committed to the long-
        term viability of the program or project that is to be 
        undertaken through the debt-for-nature exchange;
          (2) a long-term plan has been prepared by the host 
        country, or private conservation group, which 
        adequately provides for the long-term viability of the 
        program or project that is to be undertaken through the 
        debt-for-nature exchange or that such a plan will be 
        prepared in a timely manner; and
          (3) there is a government agency or a local 
        nongovernmental organization, or combination thereof, 
        in the host country with the capability, commitment, 
        and record of environmental concern to oversee the 
        long-term viability of the program or project that is 
        to be undertaken through the debt-for-nature exchange.
  Sec. 465.\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.
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    \570\ Sec. 4(b) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4915) inserted ``, including reciprocal 
maritime agreements,''.
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    (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).
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    (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.--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (e) \581\ Definitions.--For purposes of this chapter and 
other provisions of this Act relating specifically to 
international narcotics matters--
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
                  (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--
---------------------------------------------------------------------------
    \583\ Sec. 5(b) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4931) amended and restated para. (4).
---------------------------------------------------------------------------
                  (A) any assistance under this Act (including 
                programs under title IV of chapter 2, relating 
                to the Overseas Private Investment 
                Corporation), other than--
                          (i) assistance under this chapter,
                          (ii) any other narcotics-related 
                        assistance under this part (including 
                        chapter 4 of part II), but any such 
                        assistance provided under this clause 
                        shall be subject to the prior 
                        notification procedures applicable to 
                        reprogrammings pursuant to section 634A 
                        of this Act,
                          (iii) disaster relief assistance, 
                        including any assistance under chapter 
                        9 of this part,
                          (iv) assistance which involves the 
                        provision of food (including 
                        monetization of food) or medicine, and
                          (v) assistance for refugees;
                  (B) sales, or financing on any terms, under 
                the Arms Export Control Act;
                  (C) the provision of agricultural 
                commodities, other than food, under the Food 
                for Peace Act; \584\ and
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
                  (A) that is a significant direct source of 
                illicit narcotic or psychotropic drugs or other 
                controlled substances significantly affecting 
                the United States; or \586\
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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:
---------------------------------------------------------------------------

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

``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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \596\ Sec. 131(b)(2) of Public Law 104-164 (110 Stat. 1429) added 
paras. (2) and (3).
---------------------------------------------------------------------------
    (B) At the time of submission of the annual congressional 
presentation documents required by section 634(a), the 
President shall provide a detailed report on any contributions 
received in the preceding fiscal year, the amount of such 
contributions, and the purposes for which such contributions 
were used.
    (3) \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).
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    (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.''.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

SEC. 490A.\633\ * * * [REPEALED--1995]

      
---------------------------------------------------------------------------
    \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
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    ``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
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    ``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
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    ``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.--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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

  ``(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--
---------------------------------------------------------------------------
    \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''.
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  (o) Support for SADCC Projects.--
          (1) Authority to provide assistance.--To the extent 
        funds are provided for such purpose in the annual 
        Foreign Operations, Export Financing, and Related 
        Programs Appropriations Act, funds made available to 
        carry out this chapter may be used to assist sector 
        projects, in the sectors specified in paragraph (2), 
        that are supported by the Southern Africa Development 
        Coordination Conference (SADCC) to enhance the economic 
        development of the member states forming that regional 
        institution.
          (2) Sectors.--The sectors with respect to which 
        assistance may be provided under this subsection are 
        the following: transportation; manpower development; 
        agriculture and natural resources; energy (including 
        the improved utilization of electrical power sources 
        which already exist in the member states and offer the 
        potential to swiftly reduce the dependence of those 
        states on South Africa for electricity); and industrial 
        development and trade (including private sector 
        initiatives).
          (3) Relation to dfa policies and authorities.--To the 
        maximum extent feasible, the assistance authorized by 
        this subsection shall be provided consistent with the 
        policies and authorities contained in the preceding 
        subsection of this section.
  Sec. 497.\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).
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          (1) Urgent humanitarian needs.--Meeting urgent 
        humanitarian needs (including those arising from the 
        health effects of exposure to radiation in the 
        Chernobyl region), in particular--
                  (A) meeting needs for medicine, medical 
                supplies and equipment, and food, including the 
                nutritional needs of infants such as processed 
                baby food; and
                  (B) continuing efforts to rebuild from the 
                earthquake in Armenia.
          (2) \682\ Democracy and rule of law.--Establishing a 
        democratic and free society by fostering--
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    \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--
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
          (3) \693\ The assistance is furnished for the 
        alleviation of suffering resulting from a natural or 
        man-made disaster.
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    \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).
---------------------------------------------------------------------------
          (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.--
---------------------------------------------------------------------------

  ``(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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

``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.''.
---------------------------------------------------------------------------
    (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.''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    (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:
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    \716\ 22 U.S.C. 2296f.
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          (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.
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    \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.
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    \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.
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    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.
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    \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).
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    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).
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
          (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).
---------------------------------------------------------------------------
                  (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\
---------------------------------------------------------------------------
    \783\ Sec. 103(b)(3) of Public Law 104-164 (110 Stat. 1424) added 
this sentence.
---------------------------------------------------------------------------
    (2) The President shall keep the Congress fully and 
currently informed of all defense articles, defense services, 
and military education and training provided under this 
section, including providing the Congress with a report 
detailing all defense articles, defense services, and military 
education and training delivered to the recipient country or 
international organization upon delivery of such articles or 
upon completion of such services or education and training. 
Such report shall also include whether any savings were 
realized by utilizing commercial transport services rather than 
acquiring those services from United States Government 
transport assets.\784\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

``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.''.
    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:
---------------------------------------------------------------------------

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

``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]
---------------------------------------------------------------------------
    \786\ Sec. 12(b)(5) of the FA Act of 1973 (Public Law 93-189) 
repealed secs. 507, 508, and 509.
---------------------------------------------------------------------------
    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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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--
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    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).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.--
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    \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
---------------------------------------------------------------------------

    ``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
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------
    \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]
---------------------------------------------------------------------------
    \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]
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    Sec. 519.\816\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    Sec. 520.\817\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

                Chapter 3--Foreign Military Sales \818\

    Sec. 521.\819\ Administration of Sales Programs Involving 
Defense Articles and Services. * * * [Repealed--1968]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    Sec. 525.\827\ Guaranties. * * * [Repealed--1968]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                 Chapter 4--Economic Support Fund \828\



--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                           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.
 
--------------------------------------------------------------------------------------------------------------------------------------------------------


    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.
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
    (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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

    ``(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.
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    \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.
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    \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.
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    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--
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    \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.
---------------------------------------------------------------------------
          (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.
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    \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\
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    \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.
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    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).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \860\ 22 U.S.C. 2347c. Added by sec. 112(c)(1) of Public Law 104-
164 (110 Stat. 1427).
---------------------------------------------------------------------------
    (b) High-Income Foreign Countries Described.--The high-
income foreign countries described in this subsection are 
Austria, Finland, the Republic of Korea, Singapore, and Spain.

SEC. 547.\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:
---------------------------------------------------------------------------

``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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------
    (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:
---------------------------------------------------------------------------

``sec. 107. contributions to international organizations.
---------------------------------------------------------------------------

    ``(a) * * *
    ``(b) Contributions for International Peacekeeping Activities.--
There is authorized to be appropriated under the heading `Contributions 
for International Peacekeeping Activities' $725,981,000 for the fiscal 
year 2003 for the Department to carry out the authorities, functions, 
duties, and responsibilities in the conduct of the foreign affairs of 
the United States with respect to international peacekeeping activities 
and to carry out other authorities in law consistent with such 
purposes.''.
    The 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:
---------------------------------------------------------------------------

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

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

``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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

``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--
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    \886\ 22 U.S.C. 2349aa-1.
---------------------------------------------------------------------------
          (1) to enhance the antiterrorism skills of friendly 
        countries by providing training and equipment to deter 
        and counter terrorism;
          (2) to strengthen the bilateral ties of the United 
        States with friendly governments by offering concrete 
        assistance in this area of great mutual concern; and
          (3) to increase respect for human rights by sharing 
        with foreign civil authorities modern, humane, and 
        effective antiterrorism techniques.
    Sec. 573.\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:
---------------------------------------------------------------------------

``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.
---------------------------------------------------------------------------
    \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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
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    \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.
---------------------------------------------------------------------------
    \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.
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    \920\ Sec. 501 of the International Development and Food Assistance 
Act of 1978 (Public Law 95-424; 92 Stat. 956) added subsec. (e).
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    (2) \921\ * * * [Repealed--1981]
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    \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--
---------------------------------------------------------------------------
    \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.
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    \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--
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    \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.
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    \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.
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    \930\ Sec. 301(a) of the FA Act of 1968 (Public Law 90-554) added 
subsec. (f).
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    (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--
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    \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.
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    \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''.
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    (b) Whenever commodities are transferred to the United 
States Government as repayment of assistance under this Act, 
such commodities may be used in furtherance of the purposes and 
within the limitations of this Act.
    (c) \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.
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    \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.
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    (b) Before suit against the United States Government has 
been instituted, the head of the agency of the United States 
Government concerned may settle and pay any claim arising under 
the circumstances described in subsection (a) of this section. 
No claim may be paid under this subsection unless the amount 
tendered is accepted by the claimant in full satisfaction.
    (c) Funds appropriated pursuant to this Act shall not be 
expended by the United States Government for the acquisition of 
any drug product or pharmaceutical product manufactured outside 
the United States if the manufacture of such drug product or 
pharmaceutical product in the United States would involve the 
use of, or be covered by, an unexpired patent of the United 
States which has not previously been held invalid by an 
unappealed or unappealable judgment or decree of a court of 
competent jurisdiction, unless such manufacture is expressly 
authorized by the owner of such patent.
    Sec. 607.\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:
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    \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.''.
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          (1) Advances or reimbursements which are received 
        under this section within one hundred and eighty days 
        after the close of the fiscal year in which such 
        services and commodities are delivered.
          (2) Advances or reimbursements received pursuant to 
        agreements executed under this section in which 
        reimbursement will not be completed within one hundred 
        and eighty days after the close of the fiscal year in 
        which such services and commodities are delivered: 
        Provided, That such agreements require the payment of 
        interest at the current rate established pursuant to 
        section 2(b)(1)(B) of the Export-Import Bank Act of 
        1945 (59 Stat. 526), and repayment of such principal 
        and interest does not exceed a period of three years 
        from the date of signing of the agreement to provide 
        the service: Provided further, That funds available for 
        this paragraph in any fiscal year shall not exceed 
        $1,000,000 of the total funds authorized for use in 
        such fiscal year by chapter 1 of part I of this Act, 
        and shall be available only to the extent provided in 
        appropriation Acts. Interest shall accrue as of the 
        date of disbursement to the agency or organization 
        providing such services.\940\
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    \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).
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    (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\
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    \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.
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    (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--
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    \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).
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          (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--
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    \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).
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          (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,''.
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    (b) Property classified as domestic excess property under 
the Federal Property and Administrative Services Act of 1949, 
as amended, shall not be transferred to the agency primarily 
responsible for administering part I for use pursuant to the 
provisions of part I or section 607 unless (1) such property is 
transferred for use exclusively by an agency of the United 
States Government, or (2) it has been determined in the same 
manner as provided for surplus property in section 203(j) of 
the Federal Property and Administrative Services Act of 1949, 
as amended, that such property is not needed for donation 
pursuant to that subsection. The foregoing restrictions shall 
not apply to the transfer in any fiscal year for use pursuant 
to the provisions of part I of amounts of such property with a 
total original acquisition cost to the United States Government 
not exceeding $45,000,000.
    Sec. 609.\950\ * * * [Repealed--1998]
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    \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
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  ``(1) deposit in the Special Account, under terms and conditions as may 
be agreed upon, currency of the recipient country in amounts equal to such 
proceeds;

  ``(2) make available to the United States Government such portion of the 
Special Account as may be determined by the President to be necessary for 
the requirements of the United States Government: Provided, That such 
portion shall not be less than 10 per centum in the case of any country to 
which such minimum requirement has been applicable under any Act repealed 
by this Act; and

  ``(3) utilize the remainder of the Special Account for programs agreed to 
by the United States Government to carry out the purposes for which new 
funds authorized by this Act would themselves be available: Provided, That 
whenever funds from such Special Account are used by a country to make 
loans, all funds received in repayment of such loans prior to termination 
of assistance to such country shall be reused only for such purposes as 
shall have been agreed to between the country and the United States 
Government.
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    ``(b) Any unencumbered balances of funds which remain in the 
Account upon termination of assistance to such country under this Act 
shall be disposed of for such purposes as may, subject to approval by 
Act of the Congress, be agreed to between such country and the United 
States Government.''.
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    Sec. 610.\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:
---------------------------------------------------------------------------

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

``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''.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
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    \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\
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    \967\ Sec. 301(b) of the FA Act of 1965 (Public Law 89-171) added 
this paragraph.
---------------------------------------------------------------------------
    (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.
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    \968\ Sec. 301(e) of the FA Act of 1966 (Public Law 89-583) added 
subsec. (c).
---------------------------------------------------------------------------
    (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.
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    \974\ Sec. 301(c)(2) of the FA Act of 1965 (Public Law 89-171) 
added subsec. (d).
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    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.
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    (4) \979\ (A) The authority of this subsection may not be 
used in any fiscal year to authorize--
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    \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.
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    \980\ Sec. 705(2) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2317) struck out ``Communist or Communist-supported'' at this 
point.
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    (5) The authority of this section may not be used to waive 
the limitations on transfers contained in section 610(a) of 
this Act.
    (b) Whenever the President determines it to be important to 
the national interest, he may use funds available for the 
purposes of chapter 4 of part I in order to meet the 
responsibilities or objectives of the United States in Germany, 
including West Berlin, and without regard to such provisions of 
law as he determines should be disregarded to achieve this 
purpose.
    (c) The President is authorized to use amounts not to 
exceed $50,000,000 of the funds made available under this Act 
pursuant to his certification that it is inadvisable to specify 
the nature of the use of such funds, which certification shall 
be deemed to be a sufficient voucher for such amounts.\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.
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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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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).
---------------------------------------------------------------------------
          (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:
---------------------------------------------------------------------------

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  ``(A) returned the property,

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

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

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

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

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

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

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

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

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

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

    ``(g) Waiver.--The President may waive the prohibitions in 
subsections (a) and (b) for a country, on an annual basis, if the 
President determines and so notifies Congress that it is in the 
national interest to do so.
    ``(h) Definitions.--For the purpose of this section, the term 
``United States person'' means a United States citizen or corporation, 
partnership, or association at least 50 percent beneficially owned by 
United States citizens.
    ``(i) Certain Claims for Expropriation by the Government of 
Nicaragua.--
---------------------------------------------------------------------------

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

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

    \1007\ Sec. 1203 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 277) added the last 
sentence.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \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)''.
---------------------------------------------------------------------------
    (i) \1009\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \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)''.
---------------------------------------------------------------------------
    (m) \1016\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (n) \1017\ * * * [Repealed--1977]
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \1018\ Sec. 301(d)(4) of the FA Act of 1965 (Public Law 89-171) 
added subsec. (o).
---------------------------------------------------------------------------
    (p) \1019\ * * * [Repealed--1974]
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

``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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
    (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:
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

``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--
---------------------------------------------------------------------------

  ``(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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
                  (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--
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    \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.
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    \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).
---------------------------------------------------------------------------
    (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]
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    (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:
---------------------------------------------------------------------------

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

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

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

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

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

    See also sec. 102 of the Arms Export Control Act, as amended by the 
Agriculture Export Relief Act of 1998 (Public Law 105-194; 112 Stat. 
627).
    \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''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------

    \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--
---------------------------------------------------------------------------

  ``(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.
---------------------------------------------------------------------------
    \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,''.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------
    \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.--
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  ``(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''.
---------------------------------------------------------------------------
                  (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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

``agency for international development budget justification
---------------------------------------------------------------------------

    ``Sec. 576. The Agency for International Development shall submit 
to the Committees on Appropriations a detailed budget justification 
that is consistent with the requirements of section 515, for each 
fiscal year. The Agency shall submit to the Committees on 
Appropriations a proposed budget justification format no later than 
November 15, 2000, or 30 days after the enactment of this Act, 
whichever occurs later. The proposed format shall include how the 
Agency's budget justification will address: (1) estimated levels of 
obligations for the current fiscal year and actual levels for the 2 
previous fiscal years; (2) the President's request for new budget 
authority and estimated carryover obligational authority for the budget 
year; (3) the disaggregation of budget data and staff levels by program 
and activity for each bureau, field mission, and central office; and 
(4) the need for a user-friendly, transparent budget narrative.''.
    Sec. 587 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1999 (division A, sec. 101(d) of Public 
Law 105-277; 112 Stat. 2681; 22 U.S.C. 2381 note), as amended by sec. 
5002(b) of Public Law 106-31 (113 Stat. 109), provided the following:
---------------------------------------------------------------------------

``aid office of security
---------------------------------------------------------------------------

    ``Sec. 587. (a) Establishment of Office.--There shall be 
established within the Office of the Administrator of the Agency for 
International Development, an Office of Security. Such Office of 
Security shall, notwithstanding any other provision of law except 
section 207 of the Foreign Service Act of 1980 and section 103 of 
Public Law 99-399, have the responsibility for the supervision, 
direction, and control of all security activities relating to the 
programs and operations of that Agency.
    ``(b) Transfer and Allocation of Appropriations and Personnel.--
There are transferred to the Office of Security all security functions 
exercised by the Office of Inspector General of the Agency for 
International Development exercised before the date of enactment of 
this Act. The Administrator shall transfer from the Office of the 
Inspector General of such Agency to the Office of Security established 
by subsection (a), the personnel (including the Senior Executive 
Service position designated for the Assistant Inspector General for 
Security), assets, liabilities, grants, contracts, property, records, 
and unexpended balances of appropriations, and other funds held, used, 
available to, or to be made available in connection with such 
functions. Unexpended balances of appropriations, and other funds made 
available or to be made available in connection with such functions, 
shall be transferred to and merged with funds appropriated by this Act 
under the heading `Operating Expenses of the Agency for International 
Development'.
    ``(c) Transfer of Employees.--Any employee in the career service 
who is transferred pursuant to this section shall be placed in a 
position in the Office of Security established by subsection (a) which 
is comparable to the position the employee held in the Office of the 
Inspector General of the Agency for International Development.''.
    Sec. 599E of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1993 (Public Law 102-391; 106 Stat. 1698), 
provided the following:
    ``The President shall include with each budget for a fiscal year 
submitted to the Congress under section 1105 of title 31, United States 
Code, materials that shall identify clearly and separately the amounts 
requested in the budget for appropriation for that fiscal year for 
salaries and expenses related to administrative activities of the 
Agency for International Development.''.
    \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.
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    \1074\ 22 U.S.C. 2381a. Sec. 302(b) of the FA Act of 1968 (Public 
Law 90-554) added sec. 621A.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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;
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    \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\
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    \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''.
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    (b) The establishment of priorities in the procurement, 
delivery, and allocation of military equipment shall be 
determined by the Secretary of Defense.
    Sec. 624.\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]
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    \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.''.
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          (1) * * * [Repealed--1964]
          (2) * * * [Repealed--1964]
          (3) * * * [Repealed--1964] \1084\ and in the 
        selection of one of
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    \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]
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    \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.
---------------------------------------------------------------------------
    \1087\ Sec. 302 of the FA Act of 1971 (Public law 92-226) added 
subsec. (e).
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    (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]
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    \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.
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    \1090\ 22 U.S.C. 2385.
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    (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]
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    \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).
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    (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.
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    \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''.
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    (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.
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    \1123\ 22 U.S.C. 2391.
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    (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:
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``transfer authority
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    ``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:
---------------------------------------------------------------------------

``allocations
---------------------------------------------------------------------------

    ``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.
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    \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).
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    (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).
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    (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).
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    (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.
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          (1) rent of buildings and space in buildings in the 
        United States, and for repair, alteration, and 
        improvements of such leased properties;
          (2) expenses of attendance at meetings concerned with 
        the purposes of such appropriations of this Act, 
        including (notwithstanding the provisions of section 9 
        of Public Law 60328 (31 U.S.C. 673)) expenses in 
        connection with meetings and persons whose employment 
        is authorized by section 626;
          (3) contracting with individuals for personal service 
        abroad: Provided, That such individuals shall not be 
        regarded as employees of the United States Government 
        for the purpose of any law administered by the Civil 
        Service Commission;
          (4) purchase, maintenance, operation, and hire of 
        aircraft: Provided, That aircraft for administrative 
        purposes may be purchased only as specifically provided 
        for in an appropriation or other Act;
          (5) purchase and hire of passenger motor vehicles: 
        Provided, That, except as may otherwise be provided in 
        an appropriation or other Act, passenger motor vehicles 
        for administrative purposes outside the United States 
        may be purchased for replacement only, and such 
        vehicles may be exchanged or sold and replaced by an 
        equal number of such vehicles and the cost, including 
        exchange allowance, of each such replacement shall not 
        exceed the current market price in the United States of 
        a mid-sized sedan or station wagon meeting the 
        requirements established by the General Services 
        Administration for a Class III vehicle of United States 
        manufacture (or, if the replacement vehicle is a right-
        hand drive vehicle, 120 percent of that price) \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.
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          (15) ice and drinking water for use outside the 
        United States;
          (16) services of commissioned officers of the 
        Environmental Science Services Administration and for 
        the purposes of providing such services to the 
        Environmental Science Services Administration \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''.
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          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
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    Sec. 639.\1200\ Famine or Disaster Relief. * * * 
[Repealed--1975]
---------------------------------------------------------------------------
    \1200\ Sec. 101(6) of Public Law 94-161 (89 Stat. 849) repealed 
sec. 639.
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    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.
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    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.
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    Sec. 640.\1203\ Military Sales. * * * [Repealed--1968]
---------------------------------------------------------------------------
    \1203\ Sec. 45(a) of the Foreign Military Sales Act (Public Law 90-
629) repealed sec. 640.
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    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.
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    \1204\ 22 U.S.C. 2399. Sec. 302(f) of the FA Act of 1968 (Public 
Law 90-554) added sec. 640A.
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    (b) In order to secure recovery under this section, the 
President may, as he deems appropriate, (1) institute suit in 
the United States district court for any judicial district in 
which the person alleged to have performed or participated in 
an act described by this section may reside or may be found, 
and (2) upon posting by registered mail to such person a notice 
of claim describing the basis therefor and identifying the 
funds to be withheld, withhold from funds owed by any agency of 
the United States Government to such person an amount equal to 
the refund, damages, liquidated damages, and exemplary damages 
claimed by the United States under this section. Any such 
withholding of funds from any person shall constitute a final 
determination of the rights and liabilities of such person 
under this section with respect to the amount so withheld, 
unless within one year of receiving the notice of claim such 
person brings suit for recovery, which is hereby authorized, 
against the United States in any United States district court.
    (c) For purposes of this section, the term ``person'' 
includes any individual, corporation, partnership, association, 
or other legal entity.
    Sec. 640B.\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)).
---------------------------------------------------------------------------

    ``(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]
---------------------------------------------------------------------------
    \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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

                  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''.
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
    (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.''.
---------------------------------------------------------------------------
          (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''.
---------------------------------------------------------------------------
    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).
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    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''.
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    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''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    Sec. 658.\1261\ Limitations on Use of Funds. * * * 
[Repealed--1978]
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.''.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

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

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

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

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

    ``Sec. 582. (a) Authority.--Funds made available to carry out the 
provisions of chapter 1 of part I and chapter 4 of part II of the 
Foreign Assistance Act of 1961, may be used, notwithstanding section 
660 of that Act, to enhance the effectiveness and accountability of 
civilian police authority in Jamaica and El Salvador through training 
and technical assistance in human rights, the rule of law, strategic 
planning, and through assistance to foster civilian police roles that 
support democratic governance including assistance for programs to 
prevent conflict and foster improved police relations with the 
communities they serve.
    ``(b) Report.--
---------------------------------------------------------------------------

  ``(1) The Administrator of the United States Agency for International 
Development shall submit, at the time of submission of the agency's 
Congressional Budget Justification Document for fiscal year 2004, and 
annually thereafter, a report to the Committees on Appropriations 
describing the progress these programs are making toward improving police 
relations with the communities they serve and institutionalizing an 
effective community-based police program.

  ``(2) The requirements of paragraph (1) are in lieu of the requirements 
contains in section 587(b) of Public Law 107-115.
---------------------------------------------------------------------------

    ``(c) Notification.--Assistance provided under subsection (a) shall 
be subject to the regular notification procedures of the Committees on 
Appropriations.''.
    Sec. 104 of the International Narcotics Control Corrections Act of 
1994 (Public Law 103-447; 108 Stat. 4691; 22 U.S.C. 2420 note) provided 
the following exemption:
---------------------------------------------------------------------------

``sec. 104. exemption of narcotics-related military assistance for fiscal 
year 1995 from prohibition on assistance for law enforcement agencies.
---------------------------------------------------------------------------

    ``(a) Exemption.--For fiscal year 1995, section 660 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2420) shall not apply with respect 
to--
---------------------------------------------------------------------------

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

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

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

    ``(b) Notification to Congress.--At least 15 days before any 
transfer under subsection (a)(1) or any obligation of funds under 
subsection (a)(2) or (a)(3), the President shall notify the appropriate 
congressional committees (as defined in section 481(e) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2291(e)) in accordance with the 
procedures applicable to reprogramming notifications under section 634A 
of that Act (22 U.S.C. 2394).
    ``(c) Coordination With International Narcotics Control Assistance 
Program.--Assistance provided pursuant to this section shall be 
coordinated with international narcotics control assistance under 
chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 
2291 et seq.).''.
---------------------------------------------------------------------------
    (b) Subsection (a) of this section shall not apply--
          (1) with respect to assistance rendered under section 
        515(c) of the Omnibus Crime Control and Safe Streets 
        Act of 1968 \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;
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
  (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

``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
---------------------------------------------------------------------------

    ``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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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;
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
                  (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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------

 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''.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

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

``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.
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          (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:
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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:
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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)''.
---------------------------------------------------------------------------
          (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''.
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    (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.
---------------------------------------------------------------------------
    \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:
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``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.
---------------------------------------------------------------------------

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

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

  ``(2) the term `excess defense article' has the same meaning given to 
that term in section 644(g) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2403(g)).''.
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    \9\ Sec. 109(b)(2)(A) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1526) inserted 
``or leased''.
    \10\ Sec. 115(b)(2)(A) of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 201) 
inserted ``and no agreement shall be entered into for a cooperative 
project (as defined in section 27 of this Act)''.
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          (1) \11\ the President finds that the furnishing of 
        defense articles and defense services to such country 
        or international organization will strengthen the 
        security of the United States and promote world peace;
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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;
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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,
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    \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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
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    \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.
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    (b) Defense articles and defense services may be sold, 
procured and sold, or manufactured and sold, pursuant to 
subsection (a) of this section only if (1) the end item to 
which the articles apply is to be procured for the armed forces 
of a friendly country or international organization, (2) the 
articles would be supplied to the prime contractor as 
government-furnished equipment or materials if the end item 
were being procured for the use of the United States Armed 
Forces, and (3) the articles and services are available only 
from United States Government sources or are not available to 
the prime contractor directly from United States commercial 
sources at such times as may be required to meet the prime 
contractor's delivery schedule.
    (c) For the purpose of this section, the terms ``defense 
articles'' and ``defense services'' mean defense articles and 
defense services as defined in sections 47(3) and 47(4) of this 
Act.

       Chapter 2C \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).
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    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    (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.''.
---------------------------------------------------------------------------
    (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).''.
---------------------------------------------------------------------------
    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.''.
---------------------------------------------------------------------------
    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.''.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (b) \153\ * * * [Repealed--1974]
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

``sec. 1231. annual report on foreign sales of significant military 
equipment manufactured in the united states.
---------------------------------------------------------------------------

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

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

    ``(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--
---------------------------------------------------------------------------
    \239\ Sec. 1255 of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1429), added subsec. 
(g).
---------------------------------------------------------------------------
          (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
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    ``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
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    ``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.
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    ``(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,''.
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          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------

    \369\ 22 U.S.C. 2799a.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------

    \370\ 22 U.S.C. 2799b.
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------

          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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    (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.
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          * * * * * * *

                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.
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          (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.
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          (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--
---------------------------------------------------------------------------
    \8\ 42 U.S.C. 17334.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \9\ 42 U.S.C. 17335.
---------------------------------------------------------------------------
          (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.--
---------------------------------------------------------------------------
    \10\ 42 U.S.C. 17336.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \11\ 42 U.S.C. 17337.
---------------------------------------------------------------------------
          (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:
---------------------------------------------------------------------------
    \12\ 42 U.S.C. 17351.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------
    \21\ 42 U.S.C. 17373.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \22\ 42 U.S.C. 17374.
---------------------------------------------------------------------------
          (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''.
---------------------------------------------------------------------------
    \1\ Entire Act codified at 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

SEC. 2.\2\ FINDINGS.

    Congress makes the following findings:
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2152f note.
---------------------------------------------------------------------------
          (1) As of July 2004, there were more than 143,000,000 
        children living in sub-Saharan Africa, Asia, Latin 
        America, and the Caribbean who were identified as 
        orphans, having lost one or both of their parents. Of 
        this number, approximately 16,200,000 children were 
        identified as double orphans, having lost both 
        parents--the vast majority of whom died of AIDS. These 
        children often are disadvantaged in numerous and 
        devastating ways and most households with orphans 
        cannot meet the basic needs of health care, food, 
        clothing, and educational expenses.
          (2) It is estimated that 121,000,000 children 
        worldwide do not attend school and that the majority of 
        such children are young girls. According to the United 
        Nations Children's Fund (UNICEF), orphans are less 
        likely to be in school and more likely to be working 
        full time.
          (3) School food programs, including take-home 
        rations, in developing countries provide strong 
        incentives for children to remain in school and 
        continue their education. School food programs can 
        reduce short-term hunger, improve cognitive functions, 
        and enhance learning, behavior, and achievement.
          (4) Financial barriers, such as school fees and other 
        costs of education, prevent many orphans and other 
        vulnerable children in developing countries from 
        attending school. Providing children with free primary 
        school education, while simultaneously ensuring that 
        adequate resources exist for teacher training and 
        infrastructure, would help more orphans and other 
        vulnerable children obtain a quality education.
          (5) The trauma that results from the loss of a parent 
        can trigger behavior problems of aggression or 
        emotional withdrawal and negatively affect a child's 
        performance in school and the child's social relations. 
        Children living in families affected by HIV/AIDS or who 
        have been orphaned by AIDS often face stigmatization 
        and discrimination. Providing culturally appropriate 
        psychosocial support to such children can assist them 
        in successfully accepting and adjusting to their 
        circumstances.
           (6) Orphans and other vulnerable children in 
        developing countries routinely are denied their 
        inheritance or encounter difficulties in claiming the 
        land and other property which they have inherited. Even 
        when the inheritance rights of women and children are 
        spelled out in law, such rights are difficult to claim 
        and are seldom enforced. In many countries it is 
        difficult or impossible for a widow, even if she has 
        young children, to claim property after the death of 
        her husband.
          (7) The HIV/AIDS pandemic has had a devastating 
        affect on children and is deepening poverty in entire 
        communities and jeopardizing the health, safety, and 
        survival of all children in affected areas.
          (8) The HIV/AIDS pandemic has increased the number of 
        orphans worldwide and has exacerbated the poor living 
        conditions of the world's poorest and most vulnerable 
        children. AIDS has created an unprecedented orphan 
        crisis, especially in sub-Saharan Africa, where 
        children have been hardest hit. An estimated 14,000,000 
        orphans have lost 1 or both parents to AIDS. By 2010, 
        it is estimated that over 25,000,000 children will have 
        been orphaned by AIDS.
          (9) Approximately 2,500,000 children under the age of 
        15 worldwide have HIV/AIDS. Every day another 2,000 
        children under the age of 15 are infected with HIV. 
        Without treatment, most children born with HIV can 
        expect to die by age two, but with sustained drug 
        treatment through childhood, the chances of long-term 
        survival and a productive adulthood improve 
        dramatically.
          (10) Few international development programs 
        specifically target the treatment of children with HIV/
        AIDS in developing countries. Reasons for this include 
        the perceived low priority of pediatric treatment, a 
        lack of pediatric health care professionals, lack of 
        expertise and experience in pediatric drug dosing and 
        monitoring, the perceived complexity of pediatric 
        treatment, and mistaken beliefs regarding the risks and 
        benefits of pediatric treatment.
          (11) Although a number of organizations seek to meet 
        the needs of orphans or other vulnerable children, 
        extended families and local communities continue to be 
        the primary providers of support for such children.
          (12) The HIV/AIDS pandemic is placing huge burdens on 
        communities and is leaving many orphans with little 
        support. Alternatives to traditional orphanages, such 
        as community-based resource centers, continue to evolve 
        in response to the massive number of orphans that has 
        resulted from the pandemic.
          (13) The AIDS orphans crisis in sub-Saharan Africa 
        has implications for political stability, human 
        welfare, and development that extend far beyond the 
        region, affecting governments and people worldwide, and 
        this crisis requires an accelerated response from the 
        international community.
          (14) Although section 403(b) of the United States 
        Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
        Act of 2003 (22 U.S.C. 7673(b)) establishes the 
        requirement that not less than 10 percent of amounts 
        appropriated for HIV/AIDS assistance for each of fiscal 
        years 2006 through 2008 shall be expended for 
        assistance for orphans and other vulnerable children 
        affected by HIV/AIDS, there is an urgent need to 
        provide assistance to such children prior to 2006.
          (15) Numerous United States and indigenous private 
        voluntary organizations, including faith-based 
        organizations, provide assistance to orphans and other 
        vulnerable children in developing countries. Many of 
        these organizations have submitted applications for 
        grants to the Administrator of the United States Agency 
        for International Development to provide increased 
        levels of assistance for orphans and other vulnerable 
        children in developing countries.
          (16) Increasing the amount of assistance that is 
        provided by the Administrator of the United States 
        Agency for International Development through United 
        States and indigenous private voluntary organizations, 
        including faith-based organizations, will provide 
        greater protection for orphans and other vulnerable 
        children in developing countries.
          (17) It is essential that the United States 
        Government adopt a comprehensive approach for the 
        provision of assistance to orphans and other vulnerable 
        children in developing countries. A comprehensive 
        approach would ensure that important services, such as 
        basic care, psychosocial support, school food programs, 
        increased educational opportunities and employment 
        training and related services, the protection and 
        promotion of inheritance rights for such children, and 
        the treatment of orphans and other vulnerable children 
        with HIV/AIDS, are made more accessible.
          (18) Assistance for orphans and other vulnerable 
        children can best be provided by a comprehensive 
        approach of the United States Government that--
                  (A) ensures that Federal agencies and the 
                private sector coordinate efforts to prevent 
                and eliminate duplication of efforts and waste 
                in the provision of such assistance; and
                  (B) to the maximum extent possible, focuses 
                on community-based programs that allow orphans 
                and other vulnerable children to remain 
                connected to the traditions and rituals of 
                their families and communities.

SEC. 3. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN IN 
                    DEVELOPING COUNTRIES. * * * \3\
---------------------------------------------------------------------------

    \3\ Sec. 3 added a new sec. 135 to the Foreign Assistance Act of 
1961 (at 22 U.S.C. 2152f).
---------------------------------------------------------------------------

SEC. 4.\2\ STRATEGY OF THE UNITED STATES.

    (a) Requirement for Strategy.--Not later than 180 days 
after the date of enactment of this Act, the President shall 
develop, and transmit to the appropriate congressional 
committees, a strategy for coordinating, implementing, and 
monitoring assistance programs for orphans and vulnerable 
children.
    (b) Consultation.--The strategy described in subsection (a) 
should be developed in consultation with the Special Advisor 
for Assistance to Orphans and Vulnerable Children (appointed 
pursuant to section 135(e)(1) of the Foreign Assistance Act of 
1961 (as added by section 3 of this Act)) and with employees of 
the field missions of the United States Agency for 
International Development to ensure that the strategy--
          (1) will not impede the efficiency of implementing 
        assistance programs for orphans and vulnerable 
        children; and
          (2) addresses the specific needs of indigenous 
        populations.
    (c) Content.--The strategy required by subsection (a) shall 
include--
          (1) the identity of each agency or department of the 
        Federal Government that is providing assistance for 
        orphans and vulnerable children in foreign countries;
          (2) a description of the efforts of the head of each 
        such agency or department to coordinate the provision 
        of such assistance with other agencies or departments 
        of the Federal Government or nongovernmental entities;
          (3) a description of a coordinated strategy, 
        including coordination with other bilateral and 
        multilateral donors, to provide the assistance 
        authorized in section 135 of the Foreign Assistance Act 
        of 1961, as added by section 3 of this Act;
          (4) an analysis of additional coordination mechanisms 
        or procedures that could be implemented to carry out 
        the purposes of such section;
          (5) a description of a monitoring system that 
        establishes performance goals for the provision of such 
        assistance and expresses such goals in an objective and 
        quantifiable form, to the extent feasible; and
          (6) a description of performance indicators to be 
        used in measuring or assessing the achievement of the 
        performance goals described in paragraph (5).

SEC. 5.\4\ ANNUAL REPORT.

    (a) Report.--Not later than one year after the date on 
which the President transmits to the appropriate congressional 
committees the strategy required by section 4(a), and annually 
thereafter, the President shall transmit to the appropriate 
congressional committees a report on the implementation of this 
Act and the amendments made by this Act.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2152g.
---------------------------------------------------------------------------
    (b) Contents.--The report shall contain the following 
information for grants, cooperative agreements, contracts, 
contributions, and other forms of assistance awarded or entered 
into under section 135 of the Foreign Assistance Act of 1961 
(as added by section 3 of this Act):
          (1) The amount of funding, the name of recipient 
        organizations, the location of programs and activities, 
        the status of progress of programs and activities, and 
        the estimated number of orphans and other vulnerable 
        children who received direct or indirect assistance 
        under the programs and activities.
          (2) The results of the monitoring and evaluation 
        system with respect to assistance for orphans and other 
        vulnerable children.
          (3) The percentage of assistance provided in support 
        of orphans or other vulnerable children affected by 
        HIV/AIDS.
          (4) Any other appropriate information relating to the 
        needs of orphans and other vulnerable children in 
        developing countries that could be addressed through 
        the provision of assistance authorized in section 135 
        of the Foreign Assistance Act of 1961, as added by 
        section 3 of this Act, or under any other provision of 
        law.

SEC. 6.\5\ APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this Act, the term ``appropriate congressional 
committees'' means the Committee on Appropriations and the 
Committee on Foreign Relations of the Senate and the Committee 
on Appropriations and the Committee on International Relations 
of the House of Representatives.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 2152g note.
                  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.
---------------------------------------------------------------------------

SEC. 602.\2\ PURPOSES.
---------------------------------------------------------------------------

    \2\ 22 U.S.C. 7701.
---------------------------------------------------------------------------
    The purposes of this title are--
          (1) to provide United States assistance for global 
        development through the Millennium Challenge 
        Corporation, as described in section 604; and
          (2) to provide such assistance in a manner that 
        promotes economic growth and the elimination of extreme 
        poverty and strengthens good governance, economic 
        freedom, and investments in people.

SEC. 603.\3\ DEFINITIONS.
---------------------------------------------------------------------------

    \3\ 22 U.S.C. 7702.
---------------------------------------------------------------------------
    In this title:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                  (A) the Committee on International Relations 
                and the Committee on Appropriations of the 
                House of Representatives; and
                  (B) the Committee on Foreign Relations and 
                the Committee on Appropriations of the Senate.
          (2) Board.--The term ``Board'' means the Board of 
        Directors of the Corporation established pursuant to 
        section 604(c).
          (3) Candidate country.--The term ``candidate 
        country'' means a country that meets the requirements 
        of section 606.
          (4) Chief executive officer.--The term ``Chief 
        Executive Officer'' means the chief executive officer 
        of the Corporation appointed pursuant to section 
        604(b).
          (5) Compact.--The term ``Compact'' means a Millennium 
        Challenge Compact described in section 609.
          (6) Corporation.--The term ``Corporation'' means the 
        Millennium Challenge Corporation established by section 
        604(a).
          (7) Eligible country.--The term ``eligible country'' 
        means a candidate country that is determined, under 
        section 607, to be an eligible country to receive 
        assistance under section 605.
          (8) \4\ Investments in the people.--The term 
        ``investments in the people'' means government policies 
        or programs of an eligible country that promote the 
        health, education, and other factors which contribute 
        to the well-being and productivity of their people, 
        such as decent, affordable housing for all.
---------------------------------------------------------------------------
    \4\ Sec. 534(q) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2005 (division D of Public Law 
108-447; 118 Stat. 2809) added para. (8).
---------------------------------------------------------------------------

SEC. 604.\5\ ESTABLISHMENT AND MANAGEMENT OF THE MILLENNIUM CHALLENGE 
                    CORPORATION.

    (a) Establishment.--There is established in the executive 
branch a corporation to be known as the ``Millennium Challenge 
Corporation'' that shall be responsible for carrying out this 
title. The Corporation shall be a government corporation, as 
defined in section 103 of title 5, United States Code.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 7703.
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    (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.
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    \7\ 22 U.S.C. 7704.
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    (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--
---------------------------------------------------------------------------
    \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.
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    \13\ 22 U.S.C. 7708.
---------------------------------------------------------------------------
    (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--
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    \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).
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          (1) shall consult with the appropriate congressional 
        committees with respect to the proposed Compact 
        negotiation; and
          (2) shall identify the objectives and mechanisms to 
        be used for the negotiation of the Compact.
    (b) Congressional and Public Notification After Entering 
Into a Compact.--Not later than 10 days after entering into a 
Compact with an eligible country, the Board, acting through the 
Chief Executive Officer--
          (1) shall provide notification of the Compact to the 
        appropriate congressional committees, including a 
        detailed summary of the Compact and a copy of the text 
        of the Compact; and
          (2) shall publish such detailed summary and the text 
        of the Compact in the Federal Register and on the 
        Internet website of the Corporation.

SEC. 611.\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.''.
---------------------------------------------------------------------------
    (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
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

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

    ``(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.''.
---------------------------------------------------------------------------
    (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''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2394b.
---------------------------------------------------------------------------
    (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'').
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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:
---------------------------------------------------------------------------
    \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.
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          (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).
---------------------------------------------------------------------------
          (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.
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          (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''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------

               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--
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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''.
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          (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''.
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
          (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:
---------------------------------------------------------------------------

``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--
---------------------------------------------------------------------------

  ``(1) be a national of the United States who is a trained health care 
professional and who meets the educational and licensure requirements 
necessary to be such a professional such as a physician, nurse, physician 
assistant, nurse practitioner, pharmacist, other type of health care 
professional, or other individual determined to be appropriate by the 
President; or

  ``(2) be a retired commissioned officer of the Public Health Service 
Corps.
---------------------------------------------------------------------------

    ``(d) Recruitment.--The President shall ensure that information on 
the program is widely distributed, including the distribution of 
information to schools for health professionals, hospitals, clinics, 
and nongovernmental organizations working in the areas of international 
health and aid.
    ``(e) Placement of Participants.--
---------------------------------------------------------------------------

  ``(1) In general.--To the maximum extent practicable, participants in the 
program shall serve in the poorest areas of the affected countries, where 
health care needs are likely to be the greatest. The decision on the 
placement of a participant should be made in consultation with relevant 
officials of the affected country at both the national and local level as 
well as with local community leaders and organizations.

  ``(2) Coordination.--Placement of participants in the program shall be 
coordinated with the United States Agency for International Development in 
countries in which that Agency is conducting HIV/AIDS, tuberculosis, or 
malaria programs. Overall coordination of placement of participants in the 
program shall be made by the Coordinator of United States Government 
Activities to Combat HIV/AIDS Globally (as described in section 1(f) of the 
State Department Basic Authorities Act of 1956 (as added by section 102(a) 
of this Act)).
---------------------------------------------------------------------------

    ``(f) Incentives.--The President may offer such incentives as the 
President determines to be necessary to encourage individuals to 
participate in the program, such as partial payment of principal, 
interest, and related expenses on government and commercial loans for 
educational expenses relating to professional health training and, 
where possible, deferment of repayments on such loans, the provision of 
retirement benefits that would otherwise be jeopardized by 
participation in the program, and other incentives.
    ``(g) Report.--Not later than 18 months after the date of enactment 
of this Act, the President shall submit to the appropriate 
congressional committees a report on steps taken to establish the 
program, including--
---------------------------------------------------------------------------

  ``(1) the process of recruitment, including the venues for recruitment, 
the number of candidates recruited, the incentives offered, if any, and the 
cost of those incentives;

  ``(2) the process, including the criteria used, for the selection of 
participants;

  ``(3) the number of participants placed, the countries in which they were 
placed, and why those countries were selected; and

  ``(4) the potential for expansion of the program.
---------------------------------------------------------------------------

    ``(h) Authorization of Appropriations.--
---------------------------------------------------------------------------

  ``(1) In general.--In addition to amounts otherwise available for such 
purpose, there are authorized to be appropriated to the President, from 
amounts authorized to be appropriated under section 401, such sums as may 
be necessary for each of the fiscal years 2004 through 2008 to carry out 
the program.

  ``(2) Availability of funds.--Amounts appropriated pursuant to the 
authorization of appropriations under paragraph (1) are authorized to 
remain available until expended.''.

    (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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \60\ 22 U.S.C. 7652.
---------------------------------------------------------------------------
    (b) \61\ Requirements.--The 5-year United States Government 
strategy required by section 101 of this Act shall--
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
          (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.--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    (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.''.
---------------------------------------------------------------------------

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

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

             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.
---------------------------------------------------------------------------

                   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.''.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------
    \4\ Sec. 111(a) added paras. (4) through (6) to sec. 104(c) of the 
Foreign Assistance Act of 1961.
---------------------------------------------------------------------------
    (b) Training and Training Facilities in Sub-Saharan 
Africa.--Section 496(i)(2) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2293(i)(2)) is amended by adding at the end the 
following new sentence: ``In addition, providing training and 
training facilities, in sub-Saharan Africa, for doctors and 
other health care providers, notwithstanding any provision of 
law that restricts assistance to foreign countries.''.

SEC. 112. VOLUNTARY CONTRIBUTION TO GLOBAL ALLIANCE FOR VACCINES AND 
                    IMMUNIZATIONS AND INTERNATIONAL AIDS VACCINE 
                    INITIATIVE.

    (a) Authorization of Appropriations.--Section 302 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2222) is amended by 
adding at the end the following new subsections: * * * \5\
---------------------------------------------------------------------------
    \5\ Sec. 112(a) added new subsecs. (k) and (l) to sec. 302 of the 
Foreign Assistance Act of 1961.
---------------------------------------------------------------------------
    (b) Report.--At the close of fiscal year 2001, the 
President shall submit a report to the appropriate 
congressional committees on the effectiveness of the Global 
Alliance for Vaccines and Immunizations and the International 
AIDS Vaccine Initiative during that fiscal year in meeting the 
goals of--
          (1) improving access to sustainable immunization 
        services;
          (2) expanding the use of all existing, safe, and 
        cost-effective vaccines where they address a public 
        health problem;
          (3) accelerating the development and introduction of 
        new vaccines and technologies;
          (4) accelerating research and development efforts for 
        vaccines needed primarily in developing countries; and
          (5) making immunization coverage a centerpiece in 
        international development efforts.
    (c) Appropriate Congressional Committees Defined.--In 
subsection (b), the term ``appropriate congressional 
committees'' means the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate and the Committee on 
International Relations and the Committee on Appropriations of 
the House of Representatives.

SEC. 113.\6\ COORDINATED DONOR STRATEGY FOR SUPPORT AND EDUCATION OF 
                    ORPHANS IN SUB-SAHARAN AFRICA.

    (a) Statement of Policy.--It is in the national interest of 
the United States to assist in mitigating the burden that will 
be placed on sub-Saharan African social, economic, and 
political institutions as these institutions struggle with the 
consequences of a dramatically increasing AIDS orphan 
population, many of whom are themselves infected by HIV and 
living with AIDS. Effectively addressing that burden and its 
consequences in sub-Saharan Africa will require a coordinated 
multidonor strategy.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 6811.
---------------------------------------------------------------------------
    (b) Development of Strategy.--The President shall 
coordinate the development of a multidonor strategy to provide 
for the support and education of AIDS orphans and the families, 
communities, and institutions most affected by the HIV/AIDS 
epidemic in sub-Saharan Africa.
    (c) Definition.--In this section, the term ``HIV/AIDS'' 
means, with respect to an individual, an individual who is 
infected with the human immunodeficiency virus (HIV), the 
pathogen that causes the acquired immune deficiency virus 
(AIDS), or living with AIDS.

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

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

                 Subtitle B--World Bank AIDS Trust Fund

                  CHAPTER 1--ESTABLISHMENT OF THE FUND

SEC. 121.\8\ ESTABLISHMENT.

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

SEC. 122.\9\ GRANT AUTHORITIES.

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

SEC. 123.\10\ ADMINISTRATION.

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

SEC. 124.\11\ ADVISORY BOARD.

    (a) In General.--There should be an Advisory Board to the 
Trust Fund.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 6824.
---------------------------------------------------------------------------
    (b) Appointments.--The members of the Advisory Board should 
be drawn from--
          (1) a broad range of individuals with experience and 
        leadership in the fields of development, health care 
        (especially HIV/AIDS), epidemiology, medicine, 
        biomedical research, and social sciences; and
          (2) representatives of relevant United Nations 
        agencies and nongovernmental organizations with on-the-
        ground experience in affected countries.
    (c) Responsibilities.--The Advisory Board should provide 
advice and guidance to the Board of Trustees on the development 
and implementation of programs and projects to be assisted by 
the Trust Fund and on leveraging donations to the Trust Fund.
    (d) Prohibition on Payment of Compensation.--
          (1) In general.--Except for travel expenses 
        (including per diem in lieu of subsistence), no member 
        of the Advisory Board should receive compensation for 
        services performed as a member of the Board.
          (2) United states representative.--Notwithstanding 
        any other provision of law (including an international 
        agreement), a representative of the United States on 
        the Advisory Board may not accept compensation for 
        services performed as a member of the Board, except 
        that such representative may accept travel expenses, 
        including per diem in lieu of subsistence, while away 
        from the representative's home or regular place of 
        business in the performance of services for the Board.

                           CHAPTER 2--REPORTS

SEC. 131.\12\ REPORTS TO CONGRESS.

    (a) Annual Reports by Treasury Secretary.--
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 6831.
---------------------------------------------------------------------------
          (1) In general.--Not later than 1 year after the date 
        of the enactment of this Act, and annually thereafter 
        for the duration of the Trust Fund, the Secretary of 
        the Treasury shall submit to the appropriate committees 
        of Congress a report on the Trust Fund.
          (2) Report elements.--The report shall include a 
        description of--
                  (A) the goals of the Trust Fund;
                  (B) the programs, projects, and activities, 
                including any vaccination approaches, supported 
                by the Trust Fund;
                  (C) private and governmental contributions to 
                the Trust Fund; and
                  (D) the criteria that have been established, 
                acceptable to the Secretary of the Treasury and 
                the Administrator of the United States Agency 
                for International Development, that would be 
                used to determine the programs and activities 
                that should be assisted by the Trust Fund.
    (b) GAO Report on Trust Fund Effectiveness.--Not later than 
2 years after the date of the enactment of this Act, the 
Comptroller General of the United States shall submit to the 
appropriate committees of the Congress a report evaluating the 
effectiveness of the Trust Fund, including--
          (1) the effectiveness of the programs, projects, and 
        activities described in subsection (a)(2)(B) in 
        reducing the worldwide spread of AIDS; and
          (2) an assessment of the merits of continued United 
        States financial contributions to the Trust Fund.
    (c) Appropriate Committees Defined.--In subsection (a), the 
term ``appropriate committees'' means the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate and 
the Committee on International Relations, the Committee on 
Banking and Financial Services, and the Committee on 
Appropriations of the House of Representatives.

            CHAPTER 3--UNITED STATES FINANCIAL PARTICIPATION

SEC. 141.\13\ AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to any other funds authorized 
to be appropriated for multilateral or bilateral programs 
related to HIV/AIDS or economic development, there is 
authorized to be appropriated to the Secretary of the Treasury 
$150,000,000 for each of the fiscal years 2001 and 2002 for 
payment to the Trust Fund.
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 6841.
---------------------------------------------------------------------------
    (b) Allocation of Funds.--Of the amounts authorized to be 
appropriated by subsection (a) for the fiscal years 2001 and 
2002, $50,000,000 are authorized to be available each such 
fiscal year only for programs that benefit orphans.

SEC. 142.\14\ CERTIFICATION REQUIREMENT.

    (a) In General.--Prior to the initial obligation or 
expenditure of funds appropriated pursuant to section 141, the 
Secretary of the Treasury shall certify that adequate 
procedures and standards have been established to ensure 
accountability for and monitoring of the use of funds 
contributed to the Trust Fund, including the cost of 
administering the Trust Fund.
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 6842.
---------------------------------------------------------------------------
    (b) Transmittal of Certification.--The certification 
required by subsection (a), and the bases for that 
certification, shall be submitted by the Secretary of the 
Treasury to Congress.

              TITLE II--INTERNATIONAL TUBERCULOSIS CONTROL

SEC. 201.\15\ SHORT TITLE.

    This title may be cited as the ``International Tuberculosis 
Control Act of 2000''.
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

SEC. 202.\16\ FINDINGS.

    Congress makes the following findings:
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 2151b note.
---------------------------------------------------------------------------
          (1) Since the development of antibiotics in the 
        1950s, tuberculosis has been largely controlled in the 
        United States and the Western World.
          (2) Due to societal factors, including growing urban 
        decay, inadequate health care systems, persistent 
        poverty, overcrowding, and malnutrition, as well as 
        medical factors, including the HIV/AIDS epidemic and 
        the emergence of multi-drug resistant strains of 
        tuberculosis, tuberculosis has again become a leading 
        and growing cause of adult deaths in the developing 
        world.
          (3) According to the World Health Organization--
                  (A) in 1998, about 1,860,000 people worldwide 
                died of tuberculosis-related illnesses;
                  (B) one-third of the world's total population 
                is infected with tuberculosis; and
                  (C) tuberculosis is the world's leading 
                killer of women between 15 and 44 years old and 
                is a leading cause of children becoming 
                orphans.
          (4) Because of the ease of transmission of 
        tuberculosis, its international persistence and growth 
        pose a direct public health threat to those nations 
        that had previously largely controlled the disease. 
        This is complicated in the United States by the growth 
        of the homeless population, the rate of incarceration, 
        international travel, immigration, and HIV/AIDS.
          (5) With nearly 40 percent of the tuberculosis cases 
        in the United States attributable to foreign-born 
        persons, tuberculosis will never be controlled in the 
        United States until it is controlled abroad.
          (6) The means exist to control tuberculosis through 
        screening, diagnosis, treatment, patient compliance, 
        monitoring, and ongoing review of outcomes.
          (7) Efforts to control tuberculosis are complicated 
        by several barriers, including--
                  (A) the labor intensive and lengthy process 
                involved in screening, detecting, and treating 
                the disease;
                  (B) a lack of funding, trained personnel, and 
                medicine in virtually every nation with a high 
                rate of the disease;
                  (C) the unique circumstances in each country, 
                which requires the development and 
                implementation of country-specific programs; 
                and
                  (D) the risk of having a bad tuberculosis 
                program, which is worse than having no 
                tuberculosis program because it would 
                significantly increase the risk of the 
                development of more widespread drug-resistant 
                strains of the disease.
          (8) Eliminating the barriers to the international 
        control of tuberculosis through a well-structured, 
        comprehensive, and coordinated worldwide effort would 
        be a significant step in dealing with the increasing 
        public health problem posed by the disease.

SEC. 203. ASSISTANCE FOR TUBERCULOSIS PREVENTION, TREATMENT, CONTROL, 
                    AND ELIMINATION.

    Section 104(c) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151b(c)), as amended by section 111(a) of this Act, is 
further amended by adding at the end the following: * * *

                 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''.
---------------------------------------------------------------------------
    \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).''.
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                  (A) Education.--To assist in the development 
                of the capacity of the Government of 
                Afghanistan to provide education to the people 
                of Afghanistan, including assistance such as--
                          (i) support for an educated citizenry 
                        through improved access to basic 
                        education, with particular emphasis on 
                        basic education for children, 
                        especially orphans;
                          (ii) programs to enable the 
                        Government of Afghanistan to recruit 
                        and train teachers, with special focus 
                        on the recruitment and training of 
                        female teachers;
                          (iii) programs to enable the 
                        Government of Afghanistan to develop 
                        school curricula that incorporate 
                        relevant information such as landmine 
                        awareness, food security and 
                        agricultural education, civic 
                        education, and human rights education, 
                        including education relating to 
                        religious freedom;
                          (iv) programs to construct, renovate, 
                        or rebuild, and to equip and provide 
                        teacher training, for primary schools, 
                        secondary schools, and universities; 
                        and
                          (v) programs to increase educational 
                        exchanges and partnerships between the 
                        United States and Afghanistan.
                  (B) Rule of law.--To assist in the 
                development of the rule of law and good 
                governance and reduced corruption in 
                Afghanistan, including assistance such as--
                          (i) support for the activities of the 
                        Government of Afghanistan to implement 
                        its constitution, to develop modern 
                        legal codes and court rules, to provide 
                        for the creation of legal assistance 
                        programs, and other initiatives to 
                        promote the rule of law in Afghanistan;
                          (ii) support for improvements in the 
                        capacity and physical infrastructure of 
                        the justice system in Afghanistan, such 
                        as for professional training (including 
                        for women) to improve the 
                        administration of justice, for programs 
                        to enhance prosecutorial and judicial 
                        capabilities and to protect 
                        participants in judicial cases, for 
                        improvements in the instruction of law 
                        enforcement personnel (including human 
                        rights training), and for the promotion 
                        of civilian police roles that support 
                        democracy;
                          (iii) support for rehabilitation and 
                        rebuilding of courthouses and detention 
                        facilities;
                          (iv) support for the effective 
                        administration of justice at the 
                        national, regional, and local levels, 
                        including programs to improve penal 
                        institutions and the rehabilitation of 
                        prisoners, and to establish a 
                        responsible and community-based police 
                        force;
                          (v) support to increase the 
                        transparency, accountability, and 
                        participatory nature of governmental 
                        institutions, including programs 
                        designed to combat corruption and other 
                        programs for the promotion of good 
                        governance, such as the development of 
                        regulations relating to financial 
                        disclosure for public officials, 
                        political parties, and candidates for 
                        public office, and transparent 
                        budgeting processes and financial 
                        management systems;
                          (vi) support for establishment of a 
                        central bank and central budgeting 
                        authority;
                          (vii) support for international 
                        organizations that provide civil 
                        advisers to the Government of 
                        Afghanistan; and
                          (viii) support for Afghan and 
                        international efforts to investigate 
                        human rights atrocities committed in 
                        Afghanistan by the Taliban regime, 
                        opponents of such regime, and terrorist 
                        groups operating in Afghanistan, 
                        including the collection of forensic 
                        evidence relating to such atrocities.
                  (C) Civil society and democracy.--To support 
                the development of democratic institutions in 
                Afghanistan, including assistance for--
                          (i) international monitoring and 
                        observing of, and the promotion of, 
                        free and fair elections;
                          (ii) strengthening democratic 
                        political parties;
                          (iii) international exchanges and 
                        professional training for members or 
                        officials of government, political, and 
                        civic or other nongovernmental 
                        entities;
                          (iv) national, regional, and local 
                        elections and political party 
                        development;
                          (v) an independent media;
                          (vi) programs that support the 
                        expanded participation of women and 
                        members of all ethnic groups in 
                        government at national, regional, and 
                        local levels; and
                          (vii) programs to strengthen civil 
                        society organizations that promote 
                        human rights, including religious 
                        freedom, freedom of expression, and 
                        freedom of association, and support 
                        human rights monitoring.
                  (D) Protection of sites.--To provide for the 
                protection of Afghanistan's culture, history, 
                and national identity, including the 
                rehabilitation of Afghanistan's museums and 
                sites of cultural significance.
          (6) Market economy.--To support the establishment of 
        a market economy, the establishment of private 
        financial institutions, the adoption of policies to 
        promote foreign direct investment, the development of a 
        basic telecommunication infrastructure, and the 
        development of trade and other commercial links with 
        countries in the region and with the United States, 
        including policies to--
                  (A) encourage the return of Afghanistan 
                citizens or nationals living abroad who have 
                marketable and business-related skills;
                  (B) establish financial institutions, 
                including credit unions, cooperatives, and 
                other entities providing microenterprise 
                credits and other income-generation programs 
                for the poor, with particular emphasis on 
                women;
                  (C) facilitate expanded trade with countries 
                in the region;
                  (D) promote and foster respect for basic 
                workers' rights and protections against 
                exploitation of child labor;
                  (E) develop handicraft and other small-scale 
                industries; and
                  (F) provide financing programs for the 
                reconstruction of Kabul and other major cities 
                in Afghanistan.
          (7) Assistance to women and girls.--
                  (A) Assistance objectives.--To assist women 
                and girls in Afghanistan in the areas of 
                political and human rights, health care, 
                education, training, security, and shelter, 
                with particular emphasis on assistance--
                          (i) to support construction of, 
                        provide equipment and medical supplies 
                        to, and otherwise facilitate the 
                        establishment and rehabilitation of, 
                        health care facilities in order to 
                        improve the health care of women, 
                        children, and infants;
                          (ii) to expand immunization programs 
                        for women and children;
                          (iii) to establish, maintain, and 
                        expand primary and secondary schools 
                        for girls that include mathematics, 
                        science, and languages in their primary 
                        curriculum;
                          (iv) to develop and expand technical 
                        and vocational training programs and 
                        income-generation projects for women;
                          (v) to provide special educational 
                        opportunities for girls whose schooling 
                        was ended by the Taliban, and to 
                        support the ability of women to have 
                        access to higher education;
                          (vi) to develop and implement 
                        programs to protect women and girls 
                        against sexual and physical abuse, 
                        abduction, trafficking, exploitation, 
                        and sex discrimination in the delivery 
                        of humanitarian supplies and services;
                          (vii) to provide emergency shelters 
                        for women and girls who face danger 
                        from violence;
                          (viii) to direct humanitarian 
                        assistance to widows, who make up a 
                        very large and needy population in war-
                        torn Afghanistan;
                          (ix) to support the work of women-led 
                        and local nongovernmental organizations 
                        with demonstrated experience in 
                        delivering services to Afghan women and 
                        children;
                          (x) to disseminate information 
                        throughout Afghanistan on the rights of 
                        women and on international standards of 
                        human rights, including the rights of 
                        religious freedom, freedom of 
                        expression, and freedom of association;
                          (xi) to provide women's rights and 
                        human rights training for military, 
                        police, and legal personnel; and
                          (xii) to support the Afghan 
                        Independent \14\ Human Rights 
                        Commission in programs to promote 
                        women's rights and human rights, 
                        including the rights of religious 
                        freedom, freedom of expression, and 
                        freedom of association, and in the 
                        investigation and monitoring of women's 
                        rights and human rights abuses.
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    \14\ Sec. 7104(k)(2) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
struck out ``National'' and inserted in lieu thereof ``Afghan 
Independent''.
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                  (B) Availability of funds.--For each of the 
                fiscal years 2003 through 2006--
                          (i) $15,000,000 is authorized to be 
                        appropriated to the President to be 
                        made available to the Afghan Ministry 
                        of Women's Affairs; and
                          (ii) $5,000,000 is authorized to be 
                        appropriated to the President to be 
                        made available to the National Human 
                        Rights Commission of Afghanistan.
                  (C) Relation to other available funds.--
                Amounts made available under subparagraph (B) 
                are in addition to amounts otherwise available 
                for such purposes.
    (b) Limitation.--
          (1) In general.--Amounts made available to carry out 
        this title (except amounts made available for 
        assistance under paragraphs (1) through (3) and 
        subparagraphs (F) through (I) of paragraph (4) of 
        subsection (a)) may be provided only if the President 
        first determines and certifies to Congress with respect 
        to the fiscal year involved that progress is being made 
        toward adopting a constitution and establishing a 
        democratically elected government for Afghanistan that 
        respects human rights.
          (2) Waiver.--
                  (A) In general.--The President may waive the 
                application of paragraph (1) if the President 
                first determines and certifies to Congress that 
                it is important to the national interest of the 
                United States to do so.
                  (B) Contents of certification.--A 
                certification transmitted to Congress under 
                subparagraph (A) shall include a written 
                explanation of the basis for the determination 
                of the President to waive the application of 
                paragraph (1).
    (c) Enterprise Fund.--
          (1) Authorization of appropriations.--In addition to 
        funds otherwise available for such purpose, there are 
        authorized to be appropriated to the President for an 
        enterprise fund for Afghanistan $300,000,000. The 
        provisions contained in section 201 of the Support for 
        East European Democracy (SEED) Act of 1989 (excluding 
        the authorizations of appropriations provided in 
        subsection (b) of that section) shall apply with 
        respect to such enterprise fund and to funds made 
        available to such enterprise fund under this 
        subsection.
          (2) Availability of funds.--Amounts appropriated 
        pursuant to paragraph (1) are authorized to remain 
        available until expended.
    (d) \15\ Monitoring of Assistance for Afghanistan.--
---------------------------------------------------------------------------
    \15\ Sec. 7104(g) of the Afghanistan Freedom Support Act Amendments 
of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) added subsec. 
(d).
---------------------------------------------------------------------------
          (1) Report.--
                  (A) In general.--The Secretary of State, in 
                consultation with the Administrator for the 
                United States Agency for International 
                Development, shall submit to the Committee on 
                Foreign Relations of the Senate and the 
                Committee on International Relations of the 
                House of Representatives a report on the 
                obligations of United States assistance for 
                Afghanistan from all United States Government 
                departments and agencies.
                  (B) Contents.--Each such report shall set 
                forth, for the preceding annual period and 
                cumulatively, a description of--
                          (i) the activities and the purposes 
                        for which funds were obligated;
                          (ii) the source of the funds stated 
                        specifically by fiscal year, agency, 
                        and program;
                          (iii) the participation of each 
                        United States Government department or 
                        agency; and
                          (iv) such other information as the 
                        Secretary considers appropriate to 
                        fully inform Congress on such matters.
                  (C) Additional requirements.--The first 
                report submitted under this paragraph shall 
                include a cumulative account of information 
                described in subparagraph (B) from all prior 
                periods beginning with fiscal year 2001. The 
                first report under this paragraph shall be 
                submitted not later than March 15, 2005. 
                Subsequent reports shall be submitted every 12 
                months thereafter and may be included in the 
                report required under section 206(c)(2).
          (2) Submission of information for report.--The head 
        of each United States Government agency referred to in 
        paragraph (1) shall provide on a timely basis to the 
        Secretary of State such information as the Secretary 
        may reasonably require to allow the Secretary to 
        prepare and submit the report required under paragraph 
        (1).

SEC. 104.\16\ COORDINATION OF ASSISTANCE.

    (a) In General.--The President shall \17\ designate, within 
the Department of State, a coordinator who shall be responsible 
for--
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 7514.
    \17\ Sec. 7104(c)(2) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
struck out ``is strongly urged to'' and inserted in lieu thereof 
``shall''.
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          (1) designing an overall strategy to advance United 
        States interests in Afghanistan;
          (2) ensuring program and policy coordination among 
        agencies of the United States Government in carrying 
        out the policies set forth in this title;
          (3) pursuing coordination with other countries and 
        international organizations with respect to assistance 
        to Afghanistan;
          (4) ensuring that United States assistance programs 
        for Afghanistan are consistent with this title;
          (5) ensuring proper management, implementation, and 
        oversight by agencies responsible for assistance 
        programs for Afghanistan; and
          (6) resolving policy and program disputes among 
        United States Government agencies with respect to 
        United States assistance for Afghanistan.
    (b) Rank and Status of the Coordinator.--The coordinator 
designated under subsection (a) shall have the rank and status 
of ambassador.
    (c) \18\ Assistance Plan.--
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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).
---------------------------------------------------------------------------
          (1) Submission to congress.--The coordinator 
        designated under subsection (a) shall annually submit 
        the Afghanistan assistance plan of the Administration 
        to--
                  (A) the Committee on Foreign Relations of the 
                Senate;
                  (B) the Committee on International Relations 
                of the House of Representatives;
                  (C) the Committee on Appropriations of the 
                Senate; and
                  (D) the Committee on Appropriations of the 
                House of Representatives.
          (2) Contents.--The assistance plan submitted under 
        paragraph (1) shall describe--
                  (A) how the plan relates to the strategy 
                provided pursuant to section 304; and
                  (B) how the plan builds upon United States 
                assistance provided to Afghanistan since 2001.
    (d) \18\ Coordination With International Community.--
          (1) In general.--The coordinator designated under 
        subsection (a) shall work with the international 
        community and the Government of Afghanistan to ensure 
        that assistance to Afghanistan is implemented in a 
        coherent, consistent, and efficient manner to prevent 
        duplication and waste.
          (2) International financial institutions.--The 
        coordinator designated under subsection (a), under the 
        direction of the Secretary of State, shall work through 
        the Secretary of the Treasury and the United States 
        Executive Directors at the international financial 
        institutions (as defined in section 1701(c)(2) of the 
        International Financial Institutions Act (22 U.S.C. 
        262r(c)(2))) to coordinate United States assistance for 
        Afghanistan with international financial institutions.

SEC. 105.\19\ SENSE OF CONGRESS REGARDING PROMOTING COOPERATION IN 
                    OPIUM PRODUCING AREAS.

    It is the sense of Congress that the President should--
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 7515.
---------------------------------------------------------------------------
          (1) to the extent practicable, under such procedures 
        as the President may prescribe, withhold United States 
        bilateral assistance from, and oppose multilateral 
        assistance to, opium-producing areas of Afghanistan if, 
        within such areas, appropriate cooperation is not 
        provided to the United States, the Government of 
        Afghanistan, and international organizations with 
        respect to the suppression of narcotics cultivation and 
        trafficking, and if withholding such assistance would 
        promote such cooperation;
          (2) redistribute any United States bilateral 
        assistance (and to promote the redistribution of any 
        multilateral assistance) withheld from an opium-
        producing area to other areas with respect to which 
        assistance has not been withheld as a consequence of 
        this section; and
          (3) define or redefine the boundaries of opium 
        producing areas of Afghanistan for the purposes of this 
        section.

SEC. 106.\20\ ADMINISTRATIVE PROVISIONS.

    (a) Applicable Administrative Authorities.--Except to the 
extent inconsistent with the provisions of this title, the 
administrative authorities under chapters 1 and 2 of part III 
of the Foreign Assistance Act of 1961 shall apply to the 
provision of assistance under this title to the same extent and 
in the same manner as such authorities apply to the provision 
of economic assistance under part I of such Act.
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 7516.
---------------------------------------------------------------------------
    (b) Use of the Expertise of Afghan-Americans.--In providing 
assistance authorized by this title, the President should--
          (1) maximize the use, to the extent feasible, of the 
        services of Afghan-Americans who have expertise in the 
        areas for which assistance is authorized by this title; 
        and
          (2) in the awarding of contracts and grants to 
        implement activities authorized under this title, 
        encourage the participation of such Afghan-Americans 
        (including organizations employing a significant number 
        of such Afghan-Americans).
    (c) Donations of Manufacturing Equipment; Use of Colleges 
and Universities.--In providing assistance authorized by this 
title, the President, to the maximum extent practicable, 
should--
          (1) encourage the donation of appropriate excess or 
        obsolete manufacturing and related equipment by United 
        States businesses (including small businesses) for the 
        reconstruction of Afghanistan; and
          (2) utilize research conducted by United States 
        colleges and universities and the technical expertise 
        of professionals within those institutions, 
        particularly in the areas of agriculture and rural 
        development.
    (d) Administrative Expenses.--Of the funds made available 
to carry out the purposes of assistance authorized by this 
title in any fiscal year, up to 7 percent may be used for 
administrative expenses of Federal departments and agencies in 
connection with the provision of such assistance.
    (e) Monitoring.--
          (1) Comptroller general.--The Comptroller General 
        shall monitor the provision of assistance under this 
        title.
          (2) Inspector general of usaid.--The Inspector 
        General of the United States Agency for International 
        Development shall conduct audits, inspections, and 
        other activities, as appropriate, associated with the 
        expenditure of the funds to carry out this title.
    (f) Priority for Direct Assistance to the Government of 
Afghanistan.--To the maximum extent practicable, assistance 
authorized under this title should be provided directly to the 
Government of Afghanistan (including any appropriate ministry 
thereof).

SEC. 107.\21\ RELATIONSHIP TO OTHER AUTHORITY.

    The authority to provide assistance under this title is in 
addition to any other authority to provide assistance to the 
Government of Afghanistan.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 7517.
---------------------------------------------------------------------------

SEC. 108.\22\ AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to 
the President to carry out this title (other than section 
103(c)) such sums as may be necessary for each of the fiscal 
years 2005 and 2006.\23\
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 7518.
    \23\ Sec. 7104(m) of the Afghanistan Freedom Support Act Amendments 
of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) struck out 
``$1,825,000,000 for fiscal year 2004 and $425,000,000 for each of 
fiscal years 2005 and 2006.'' and inserted in lieu thereof ``such sums 
as may be necessary for each of the fiscal years 2005 and 2006.''. 
Previously, sec. 2214 of Public Law 108-106 (117 Stat. 1232) struck out 
``$425,000,000 for each of the fiscal years 2003 through 2006'' and 
inserted in lieu thereof ``$1,825,000,000 for fiscal year 2004 and 
$425,000,000 for each of fiscal years 2005 and 2006''.
---------------------------------------------------------------------------
    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are--
          (1) authorized to remain available until expended; 
        and
          (2) in addition to funds otherwise available for such 
        purposes, including, with respect to food assistance 
        under section 103(a)(1), funds available under title II 
        of the Agricultural Trade Development and Assistance 
        Act of 1954, the Food for Progress Act of 1985, and 
        section 416(b) of the Agricultural Act of 1949.

TITLE II--MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN OTHER FOREIGN 
               COUNTRIES AND INTERNATIONAL ORGANIZATIONS

SEC. 201.\24\ SUPPORT FOR SECURITY DURING TRANSITION IN AFGHANISTAN.

    It is the sense of Congress that, during the transition to 
a broad-based, multi-ethnic, gender-sensitive, fully 
representative government in Afghanistan, the United States 
should support--
---------------------------------------------------------------------------
    \24\ 22 U.S.C. 7531.
---------------------------------------------------------------------------
          (1) the development of a civilian-controlled and 
        centrally-governed standing Afghanistan army that 
        respects human rights and prohibits the use of children 
        as soldiers or combatants;
          (2) the creation and training of a professional 
        civilian police force that respects human rights; and
          (3) a multinational security force in Afghanistan.

SEC. 202.\25\ AUTHORIZATION OF ASSISTANCE.

    (a) Drawdown Authority.--
---------------------------------------------------------------------------
    \25\ 22 U.S.C. 7532.
    Pursuant to sec. 506 of the Foreign Assistance Act of 1961 (Public 
Law 87-195) and sec. 202 of this Act, on 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).
---------------------------------------------------------------------------
          (1) In general.--The President is authorized to 
        exercise his authorities under section 506 of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2318) to 
        direct the drawdown of defense articles, defense 
        services, and military education and training--
                  (A) for the Government of Afghanistan, in 
                accordance with this section; and
                  (B) for eligible foreign countries, and 
                eligible international organizations, in 
                accordance with this section and sections 203 
                and 205.
          (2) Authority to acquire by contract or otherwise.--
        The assistance authorized under paragraph (1) may 
        include the supply of defense articles, defense 
        services, counter-narcotics, crime control and police 
        training services, other support, and military 
        education and training that are acquired by contract or 
        otherwise.
    (b) Amount of Assistance.--The aggregate value (as defined 
in section 644(m) of the Foreign Assistance Act of 1961) of 
assistance provided under subsection (a) may not exceed 
$550,000,000,\26\ except that such limitation shall be 
increased by any amounts appropriated pursuant to the 
authorization of appropriations in section 204(b)(1) and shall 
not count toward any limitation contained in section 506 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2318).
---------------------------------------------------------------------------
    \26\ Sec. 9008 of the Department of Defense Appropriations Act, 
2005 (Public Law 108-287; 118 Stat. 1008) struck out ``$450,000,000'' 
and inserted in lieu thereof ``$550,000,000''. Previously, sec. 2206 of 
Public Law 108-106 (117 Stat. 1231) struck out ``$300,000,000'' and 
inserted in lieu thereof ``$450,000,000''.
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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--
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------

  ``(1) United states policy relating to disarmament of private militias.--

  ``(A) In general.--It shall be the policy of the United States to take 
immediate steps to provide active support for the disarmament, 
demobilization, and reintegration of armed soldiers, particularly child 
soldiers, in Afghanistan, in close consultation with the President of 
Afghanistan.

  ``(B) Report.--The report required under section 206(c)(2) of the 
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7536(c)(2)) shall 
include a description of the progress to implement paragraph (1).''.
---------------------------------------------------------------------------

    \33\ Sec. 7104(k)(1) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
struck out ``2007'' and inserted in lieu thereof ``2010''.
---------------------------------------------------------------------------
                  (A) since the previous report, the progress 
                in recruiting, training, and deploying an 
                Afghan National Army and police force, 
                including the numbers and ethnic composition of 
                recruits; the number of graduates from military 
                and police training; the numbers of graduates 
                retained by the Afghan National Army and police 
                forces since the previous report; the numbers 
                of graduates operationally deployed and to 
                which areas of the country; the degree to which 
                these graduates are assuming security 
                responsibilities; whether Afghan army and 
                police units are establishing effective central 
                governmental authority over areas of the 
                country, and which areas; and the numbers of 
                instances of armed attacks against Afghan 
                central governmental officials, United States 
                or international officials, troops or aid 
                workers, or between the armed forces of 
                regional leaders;
                  (B) the degree to which armed regional 
                leaders are cooperating and integrating with 
                the central government, providing security and 
                order within their regions of influence, 
                engaging in armed conflict or other forms of 
                competition that are deleterious to peace, 
                security, and the integration of a unified 
                Afghanistan under the central government;
                  (C) the amount of humanitarian relief 
                provided since the previous report to 
                returnees, isolated populations and other 
                vulnerable groups, as well as demining 
                assistance and landmine survivors 
                rehabilitation; and the numbers of such persons 
                not assisted since the previous report;
                  (D) the steps taken since the previous report 
                toward national reconstruction, including 
                establishment of the ministries and other 
                institutions of the Government of Afghanistan;
                  (E) the numbers of Civil Affairs Teams 
                working with regional leaders, as well as the 
                quick impact infrastructure projects undertaken 
                by such teams since the previous report;
                  (F) efforts undertaken since the previous 
                report to rebuild the justice sector, including 
                the establishment of a functioning judiciary, a 
                competent bar, reintegration of women legal 
                professionals and a reliable penal system, and 
                the respect for human rights; and
                  (G) a description of the progress of the 
                Government of Afghanistan with respect to the 
                matters described in paragraph (1)(B).
    (d) Expansion of the International Security Assistance 
Force.--
          (1) \34\ Efforts to expand international peacekeeping 
        and security operations in afghanistan.--
---------------------------------------------------------------------------
    \34\ Sec. 7104(i) of the Afghanistan Freedom Support Act Amendments 
of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) amended and 
restated para. (1). It formerly read as follows:
    ``(1) Sense of congress.--Congress urges the President, in order to 
fulfill the objective of establishing security in Afghanistan, to take 
all appropriate measures to assist Afghanistan in establishing a secure 
environment throughout the country, including by--
---------------------------------------------------------------------------

  ``(A) sponsoring in the United Nations Security Council a resolution 
authorizing an expansion of the International Security Assistance Force, or 
the establishment of a similar security force; and

  ``(B) enlisting the European and other allies of the United States to 
provide forces for an expansion of the International Security Assistance 
Force in Afghanistan, or the establishment of a similar security force.''.

                  (A) Efforts.--The President shall encourage, 
                and, as authorized by law, enable other 
                countries to actively participate in expanded 
                international peacekeeping and security 
                operations in Afghanistan, especially through 
                the provision of military personnel for 
                extended periods of time.
                  (B) Reports.--The President shall prepare and 
                transmit a report on the efforts carried out 
                pursuant to subparagraph (A) to the Committee 
                on Foreign Relations of the Senate and the 
                Committee on International Relations of the 
                House of Representatives. The first report 
                under this subparagraph shall be transmitted 
                not later than 60 days after the date of the 
                enactment of the Afghanistan Freedom Support 
                Act Amendments of 2004 and subsequent reports 
                shall be transmitted every 6 months thereafter 
                and may be included in the report required by 
                subsection (c)(2).
          (2) Authorization of appropriations.--(A) There is 
        authorized to be appropriated to the President 
        $500,000,000 for each of fiscal years 2003 and 2004 to 
        support the International Security Assistance Force or 
        the establishment of a similar security force.
          (B) Amounts made available under subparagraph (A) may 
        be appropriated pursuant to chapter 4 of part II of the 
        Foreign Assistance Act of 1961, section 551 of such 
        Act, or section 23 of the Arms Export Control Act.
          (C) Funds appropriated pursuant to subparagraph (A) 
        shall be subject to the notification requirements under 
        section 634A of the Foreign Assistance Act of 1961.
    (e) \35\ United States Policy Relating To International 
Peacekeeping and Security Operations.--It shall be the policy 
of the United States to make every effort to support the 
expansion of international peacekeeping and security operations 
in Afghanistan in order to--
---------------------------------------------------------------------------
    \35\ Sec. 7104(h)(2) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
added subsec. (e).
---------------------------------------------------------------------------
          (1) increase the area in which security is provided 
        and undertake vital tasks related to promoting 
        security, such as disarming warlords, militias, and 
        irregulars, and disrupting opium production; and
          (2) safeguard highways in order to allow the free 
        flow of commerce and to allow material assistance to 
        the people of Afghanistan, and aid personnel in 
        Afghanistan, to move more freely.

SEC. 207.\36\ SENSE OF CONGRESS AND REPORT REGARDING COUNTER-DRUG 
                    EFFORTS IN AFGHANISTAN.

    (a) Sense of Congress.--It is the sense of Congress that--
---------------------------------------------------------------------------
    \36\ 22 U.S.C. 7536a. Added by sec. 7104(j)(2)(B) of the 
Afghanistan Freedom Support Act Amendments of 2004 (sec. 7104 of Public 
Law 108-458; 118 Stat. 3638).
---------------------------------------------------------------------------
          (1) the President should make the substantial 
        reduction of illegal drug production and trafficking in 
        Afghanistan a priority in the Global War on Terrorism;
          (2) the Secretary of Defense, in coordination with 
        the Secretary of State and the heads of other 
        appropriate Federal agencies, should expand cooperation 
        with the Government of Afghanistan and international 
        organizations involved in counter-drug activities to 
        assist in providing a secure environment for counter-
        drug personnel in Afghanistan; and
          (3) the United States, in conjunction with the 
        Government of Afghanistan and coalition partners, 
        should undertake additional efforts to reduce illegal 
        drug trafficking and related activities that provide 
        financial support for terrorist organizations in 
        Afghanistan and neighboring countries.
    (b) Report Required.--(1) The Secretary of Defense and the 
Secretary of State shall jointly prepare a report that 
describes--
          (A) the progress made toward substantially reducing 
        poppy cultivation and heroin production capabilities in 
        Afghanistan; and
          (B) the extent to which profits from illegal drug 
        activity in Afghanistan are used to financially support 
        terrorist organizations and groups seeking to undermine 
        the Government of Afghanistan.
    (2) The report required by this subsection shall be 
submitted to Congress not later than 120 days after the date of 
the enactment of the 9/11 Recommendations Implementation Act.

SEC. 208.\37\ RELATIONSHIP TO OTHER AUTHORITY.

    (a) Additional Authority.--The authority to provide 
assistance under this title is in addition to any other 
authority to provide assistance to the Government of 
Afghanistan.
---------------------------------------------------------------------------
    \37\ 22 U.S.C. 7537. Originally enacted as sec. 207; redesignated 
as sec. 208 by sec. 7104(j)(2)(A) of the Afghanistan Freedom Support 
Act Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 
3638).
---------------------------------------------------------------------------
    (b) Laws Restricting Authority.--Assistance under this 
title to the Government of Afghanistan may be provided 
notwithstanding section 512 of Public Law 107-115 or any 
similar provision of law.

SEC. 209.\38\ SUNSET.

    The authority of this title shall expire after September 
30, 2006.
---------------------------------------------------------------------------
    \38\ 22 U.S.C. 7538. Originally enacted as sec. 208; redesignated 
as sec. 209 by sec. 7104(j)(2)(A) of the Afghanistan Freedom Support 
Act Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 
3638).
---------------------------------------------------------------------------

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301.\39\ REQUIREMENT TO COMPLY WITH PROCEDURES RELATING TO THE 
                    PROHIBITION ON ASSISTANCE TO DRUG TRAFFICKERS.

    Assistance provided under this Act shall be subject to the 
same provisions as are applicable to assistance under the 
Foreign Assistance Act of 1961 and the Arms Export Control Act 
under section 487 of the Foreign Assistance Act of 1961 
(relating to the prohibition on assistance to drug traffickers; 
22 U.S.C. 2291f), and the applicable regulations issued under 
that section.
---------------------------------------------------------------------------
    \39\ 22 U.S.C. 7551.
---------------------------------------------------------------------------

SEC. 302.\40\ SENSE OF CONGRESS REGARDING PROTECTING AFGHANISTAN'S 
                    PRESIDENT.

    It is the sense of Congress that--
---------------------------------------------------------------------------
    \40\ 22 U.S.C. 7552.
---------------------------------------------------------------------------
          (1) any United States physical protection force 
        provided for the personal security of the President of 
        Afghanistan should be composed of United States 
        diplomatic security, law-enforcement, or military 
        personnel, and should not utilize private contracted 
        personnel to provide actual physical protection 
        services;
          (2) United States allies should be invited to 
        volunteer active-duty military or law enforcement 
        personnel to participate in such a protection force; 
        and
          (3) such a protection force should be limited in 
        duration and should be succeeded by qualified Afghan 
        security forces as soon as practicable.

SEC. 303.\41\ DONOR CONTRIBUTIONS TO AFGHANISTAN AND REPORTS.

    (a) Findings.--The Congress finds that inadequate amounts 
of international assistance promised by donor states at the 
Tokyo donors conference and elsewhere have been delivered to 
Afghanistan, imperiling the rebuilding and development of civil 
society and infrastructure, and endangering peace and security 
in that war-torn country.
---------------------------------------------------------------------------
    \41\ 22 U.S.C. 7553.
---------------------------------------------------------------------------
    (b) Sense of Congress.--It is the sense of Congress that 
the United States should use all appropriate diplomatic means 
to encourage all states that have pledged assistance to 
Afghanistan to deliver as soon as possible the total amount of 
assistance pledged.
    (c) Reports.--
          (1) In general.--The Secretary of State shall submit 
        reports to the Committee on Foreign Relations and the 
        Committee on Appropriations of the Senate and the 
        Committee on International Relations and the Committee 
        on Appropriations of the House of Representatives, in 
        accordance with this paragraph, on the status of 
        contributions of assistance from donor states to 
        Afghanistan. The first report shall be submitted not 
        later than 60 days after the date of enactment of this 
        Act, the second report shall be submitted 90 days 
        thereafter, and subsequent reports shall be submitted 
        every 180 days thereafter through December 31, 2004.
          (2) Further requirements.--Each report, which shall 
        be unclassified and posted upon the Department of 
        State's Internet website, shall include, by donor 
        country, the total amount pledged, the amount delivered 
        within the previous 60 days, the total amount of 
        assistance delivered, the type of assistance and type 
        of projects supported by the assistance.

SEC. 304.\42\ REPORTS.

    (a) \43\ In General.--The Secretary of State shall submit 
reports to the Committees on Foreign Relations and 
Appropriations of the Senate, and the Committees on 
International Relations and Appropriations of the House of 
Representatives on progress made in accomplishing the 
``Purposes of Assistance'' set forth in section 102 of this Act 
utilizing assistance provided by the United States for 
Afghanistan.
---------------------------------------------------------------------------
    \42\ 22 U.S.C. 7554.
    \43\ Sec. 7104(e)(3)(A) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
struck out ``The Secretary'' and inserted in lieu thereof ``(a) In 
General.--The Secretary''.
---------------------------------------------------------------------------
    (b) \44\ Deadline for Submission.--The first report shall 
be submitted in conjunction with reports required under section 
303 of this title and thereafter through December 31, 2004.
---------------------------------------------------------------------------
    \44\ Sec. 7104(e)(3)(B) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
struck out ``The first report'' and inserted in lieu thereof ``(b) 
Deadline for Submission.--The first report''.
---------------------------------------------------------------------------
    (c) \45\ Form of Reports.--Any report or other matter that 
is required to be submitted to Congress (including a committee 
of Congress) by this Act may contain a classified annex.
---------------------------------------------------------------------------
    \45\ Sec. 7104(e)(3)(C) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
added subsec. (c).
---------------------------------------------------------------------------

SEC. 305.\46\ FORMULATION OF LONG-TERM STRATEGY FOR AFGHANISTAN.

    (a) Strategy.--
---------------------------------------------------------------------------
    \46\ 22 U.S.C. 7555. Sec. 7104(e)(4)(A) of the Afghanistan Freedom 
Support Act Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 
Stat. 3638) added sec. 305.
---------------------------------------------------------------------------
          (1) In general.--Not later than 180 days after the 
        date of enactment of this section, the President shall 
        formulate a 5-year strategy for Afghanistan and submit 
        such strategy to--
                  (A) the Committee on Foreign Relations of the 
                Senate;
                  (B) the Committee on International Relations 
                of the House of Representatives;
                  (C) the Committee on Appropriations of the 
                Senate; and
                  (D) the Committee on Appropriations of the 
                House of Representatives.
          (2) Contents.--The strategy formulated under 
        paragraph (1) shall include specific and measurable 
        goals for addressing the long-term development and 
        security needs of Afghanistan, including sectors such 
        as agriculture and irrigation, parliamentary and 
        democratic development, the judicial system and rule of 
        law, human rights, education, health, 
        telecommunications, electricity, women's rights, 
        counternarcotics, police, border security, anti-
        corruption, and other law-enforcement activities, as 
        well as the anticipated costs and time frames 
        associated with achieving those goals.
    (b) Monitoring.--
          (1) Annual report.--The President shall transmit on 
        an annual basis through 2010 a report describing the 
        progress made toward the implementation of the strategy 
        required by subsection (a) and any changes to the 
        strategy since the date of the submission of the last 
        report to--
                  (A) the Committee on Foreign Relations of the 
                Senate;
                  (B) the Committee on International Relations 
                of the House of Representatives;
                  (C) the Committee on Appropriations of the 
                Senate; and
                  (D) the Committee on Appropriations of the 
                House of Representatives.
         (2) Afghanistan Freedom Support Act Amendments of 2004

 Section 7104 of Public Law 108-458 [Intelligence Reform and Terrorism 
  Prevention Act of 2004; S. 2845], 118 Stat. 3638 at 3780, approved 
                           December 17, 2004


          Note.--The Afghanistan Freedom Support Act Amendments 
        of 2004 amended the Afghanistan Freedom Support Act of 
        2002. Amendments have been incorporated into that Act. 
        The remaining freestanding measures are presented here.



SEC. 7104. ASSISTANCE FOR AFGHANISTAN.

    (a) \1\ Short Title.--This section may be cited as the 
``Afghanistan Freedom Support Act Amendments of 2004''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 7501 note.
---------------------------------------------------------------------------
    (b) \2\ Coordination of Assistance.--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 7511 note.
---------------------------------------------------------------------------
          (1) Findings.--Consistent with the report of the 
        National Commission on Terrorist Attacks Upon the 
        United States, Congress makes the following findings:
                  (A) The United States and its allies in the 
                international community have made progress in 
                promoting economic and political reform within 
                Afghanistan, including the establishment of a 
                central government with a democratic 
                constitution, a new currency, and a new army, 
                the increase of personal freedom, and the 
                elevation of the standard of living of many 
                Afghans.
                  (B) A number of significant obstacles must be 
                overcome if Afghanistan is to become a secure 
                and prosperous democracy, and such a transition 
                depends in particular upon--
                          (i) improving security throughout the 
                        country;
                          (ii) disarming and demobilizing 
                        militias;
                          (iii) curtailing the rule of the 
                        warlords;
                          (iv) promoting equitable economic 
                        development;
                          (v) protecting the human rights of 
                        the people of Afghanistan;
                          (vi) continuing to hold elections for 
                        public officials; and
                          (vii) ending the cultivation, 
                        production, and trafficking of 
                        narcotics.
                  (C) The United States and the international 
                community must make a long-term commitment to 
                addressing the unstable security situation in 
                Afghanistan and the burgeoning narcotics trade, 
                endemic poverty, and other serious problems in 
                Afghanistan in order to prevent that country 
                from relapsing into a sanctuary for 
                international terrorism.
          (2) Sense of congress.--It is the sense of Congress 
        that the United States Government should take, with 
        respect to Afghanistan, the following actions:
                  (A) Work with other nations to obtain long-
                term security, political, and financial 
                commitments and fulfillment of pledges to the 
                Government of Afghanistan to accomplish the 
                objectives of the Afghanistan Freedom Support 
                Act of 2002 (22 U.S.C. 7501 et seq.), 
                especially to ensure a secure, democratic, and 
                prosperous Afghanistan that respects the rights 
                of its citizens and is free of international 
                terrorist organizations.
                  (B) Use the voice and vote of the United 
                States in relevant international organizations, 
                including the North Atlantic Treaty 
                Organization and the United Nations Security 
                Council, to strengthen international 
                commitments to assist the Government of 
                Afghanistan in enhancing security, building 
                national police and military forces, increasing 
                counter-narcotics efforts, and expanding 
                infrastructure and public services throughout 
                the country.
                  (C) Take appropriate steps to increase the 
                assistance provided under programs of the 
                Department of State and the United States 
                Agency for International Development throughout 
                Afghanistan and to increase the number of 
                personnel of those agencies in Afghanistan as 
                necessary to support the increased assistance.
  (c) Coordinator for Assistance.--
          (1) \3\ Findings.--Congress makes the following 
        findings:
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 7514 note.
---------------------------------------------------------------------------
                  (A) The Final Report of the National 
                Commission on Terrorist Attacks Upon the United 
                States criticized the provision of United 
                States assistance to Afghanistan for being too 
                inflexible.
                  (B) The Afghanistan Freedom Support Act of 
                2002 (22 U.S.C. 7501 et seq.) contains 
                provisions that provide for flexibility in the 
                provision of assistance for Afghanistan and are 
                not subject to the requirements of typical 
                foreign assistance programs and provide for the 
                designation of a coordinator to oversee United 
                States assistance for Afghanistan.
          (2) * * *
          * * * * * * *
    (e) General Provisions Relating to the Afghanistan Freedom 
Support Act of 2002.--
          (1) Assistance to promote economic, political and 
        social development.--
                  (A) \4\ Declaration of policy.--Congress 
                reaffirms the authorities contained in title I 
                of the Afghanistan Freedom Support Act of 2002 
                (22 U.S.C. 7501 et seq.), relating to economic 
                and democratic development assistance for 
                Afghanistan.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 7513 note.
---------------------------------------------------------------------------
                  (B) Provision of assistance.--* * *
          (2) \5\ Declarations of general policy.--Congress 
        makes the following declarations:
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 7511 note.
---------------------------------------------------------------------------
                  (A) The United States reaffirms the support 
                that it and other countries expressed for the 
                report entitled ``Securing Afghanistan's 
                Future'' in their Berlin Declaration of April 
                2004. The United States should help enable the 
                growth needed to create an economically 
                sustainable Afghanistan capable of the poverty 
                reduction and social development foreseen in 
                the report.
                  (B) The United States supports the 
                parliamentary elections to be held in 
                Afghanistan by April 2005 and will help ensure 
                that such elections are not undermined, 
                including by warlords or narcotics traffickers.
                  (C) The United States continues to urge North 
                Atlantic Treaty Organization members and other 
                friendly countries to make much greater 
                military contributions toward securing the 
                peace in Afghanistan.
          * * * * * * *
    (f) Education, the Rule of Law, and Related Issues.--
          (1) \6\ Declaration of policy.--Congress declares 
        that, although Afghanistan has adopted a new 
        constitution and made progress on primary education, 
        the United States must invest in a concerted effort in 
        Afghanistan to improve the rule of law, good 
        governance, and effective policing, to accelerate work 
        on secondary and university education systems, and to 
        establish new initiatives to increase the capacity of 
        civil society.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 7513 note.
---------------------------------------------------------------------------
          * * * * * * *
    (h) United States Policy To Support Disarmament of Private 
Militias and Expansion of International Peacekeeping and 
Security Operations in Afghanistan.--
          (1) \7\ United states policy relating to disarmament 
        of private militias.--
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 7536 note.
---------------------------------------------------------------------------
                  (A) In general.--It shall be the policy of 
                the United States to take immediate steps to 
                provide active support for the disarmament, 
                demobilization, and reintegration of armed 
                soldiers, particularly child soldiers, in 
                Afghanistan, in close consultation with the 
                President of Afghanistan.
                  (B) Report.--The report required under 
                section 206(c)(2) of the Afghanistan Freedom 
                Support Act of 2002 (22 U.S.C. 7536(c)(2)) 
                shall include a description of the progress to 
                implement paragraph (1).
          * * * * * * *
                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''.
---------------------------------------------------------------------------
    (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''.
---------------------------------------------------------------------------
    (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''.
---------------------------------------------------------------------------

               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)''.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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--''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
          (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''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \2\ See 17 CFR Parts 249 and 274 (73 F.R. 23328).
---------------------------------------------------------------------------

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''.
---------------------------------------------------------------------------
    \1\ Freestanding sections of this Act are codified at 50 U.S.C. 
1701 note.
---------------------------------------------------------------------------
    (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--
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    \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).
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          (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.
---------------------------------------------------------------------------
    \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'.''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \4\ Public Law 109-344; 120 Stat. 1869; enacted October 13, 2006.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \5\ Sec. 5(b) of the Darfur Peace and Accountability Act of 2006 
(Public Law 109-344; 120 Stat. 1876) added this sentence.
---------------------------------------------------------------------------
    (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]
---------------------------------------------------------------------------

    \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:
---------------------------------------------------------------------------

``sec. 7. additional authorities.
---------------------------------------------------------------------------

    ``Notwithstanding any other provision of law, the President is 
authorized to provide assistance, other than military assistance, to 
areas that were outside of the control of the Government of Sudan on 
April 8, 2004, including to provide assistance for emergency relief, 
development and governance, or to implement any program in support of 
any viable peace agreement at the local, regional, or national level in 
Sudan.''.
---------------------------------------------------------------------------

SEC. 8. TECHNICAL CORRECTION.

    Section 12 of the International Organizations Immunities 
Act (22 U.S.C. 288f-2) is amended by striking ``Organization of 
African Unity'' and inserting ``African Union''.
                          (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).
---------------------------------------------------------------------------

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).
---------------------------------------------------------------------------
                  (B) If, under subparagraph (A) the President 
                determines and certifies in writing to the 
                appropriate congressional committees that the 
                Government of Sudan has not engaged in good 
                faith negotiations to achieve a permanent, 
                just, and equitable peace agreement, or has 
                unreasonably interfered with humanitarian 
                efforts, then the President, after consultation 
                with the Congress, shall implement the measures 
                set forth in paragraph (2).
                  (C) If, under paragraph (A) the President 
                determines and certifies in writing to the 
                appropriate congressional committees that the 
                Sudan People's Liberation Movement has not 
                engaged in good faith negotiations to achieve a 
                permanent, just, and equitable peace agreement, 
                then paragraph (2) shall not apply to the 
                Government of Sudan.
                  (D) If the President certifies to the 
                appropriate congressional committees that the 
                Government of Sudan is not in compliance with 
                the terms of a permanent peace agreement 
                between the Government of Sudan and the Sudan 
                People's Liberation Movement, then the 
                President, after consultation with the 
                Congress, shall implement the measures set 
                forth in paragraph (2).
                  (E) If, at any time after the President has 
                made a certification under subparagraph (B), 
                the President makes a determination and 
                certifies in writing to the appropriate 
                congressional committees that the Government of 
                Sudan has resumed good faith negotiations, or 
                makes a determination and certifies in writing 
                to the appropriate congressional committees 
                that the Government of Sudan is in compliance 
                with a peace agreement, then paragraph (2) 
                shall not apply to the Government of Sudan.
          (2) Measures in support of the peace process.--
        Subject to the provisions of paragraph (1), the 
        President--
                  (A) shall, through the Secretary of the 
                Treasury, instruct the United States executive 
                directors to each international financial 
                institution to continue to vote against and 
                actively oppose any extension by the respective 
                institution of any loan, credit, or guarantee 
                to the Government of Sudan;
                  (B) should consider downgrading or suspending 
                diplomatic relations between the United States 
                and the Government of Sudan;
                  (C) shall take all necessary and appropriate 
                steps, including through multilateral efforts, 
                to deny the Government of Sudan access to oil 
                revenues to ensure that the Government of Sudan 
                neither directly nor indirectly utilizes any 
                oil revenues to purchase or acquire military 
                equipment or to finance any military 
                activities; and
                  (D) shall seek a United Nations Security 
                Council Resolution to impose an arms embargo on 
                the Government of Sudan.
    (c) Report on the Status of Negotiations.--If, at any time 
after the President has made a certification under subsection 
(b)(1)(A), the Government of Sudan discontinues negotiations 
with the Sudan People's Liberation Movement for a 14-day 
period, then the President shall submit a quarterly report to 
the appropriate congressional committees on the status of the 
peace process until negotiations resume.
    (d) Report on United States Opposition To Financing by 
International Financial Institutions.--The Secretary of the 
Treasury shall submit a semiannual report to the appropriate 
congressional committees describing the steps taken by the 
United States to oppose the extension of a loan, credit, or 
guarantee if, after the Secretary of the Treasury gives the 
instructions described in subsection (b)(2)(A), such financing 
is extended.
    (e) \5\ Report on Efforts To Deny Oil Revenues.--Not later 
than 45 days after the President takes an action under 
subsection (b)(2)(C), the President shall submit to the 
appropriate congressional committees a comprehensive plan for 
implementing the actions described in such subsection.
---------------------------------------------------------------------------
    \5\ In a memorandum of March 14, 2005, the President delegated the 
reporting function under sec. 6(e) to the Secretary of State (70 F.R. 
14967; March 24, 2005).
---------------------------------------------------------------------------
    (f) Definition.--In this section, the term ``international 
financial institution'' means the International Bank for 
Reconstruction and Development, the International Development 
Association, the International Monetary Fund, the African 
Development Bank, and the African Development Fund.

SEC. 7. 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--
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    (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:
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    \3\ 22 U.S.C. 7102.
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          (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.
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    \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''.
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                          (ii) assistance under chapter 8 of 
                        part I of that Act;
                          (iii) any other narcotics-related 
                        assistance under part I of that Act or 
                        under chapter 4 or 5 part II of that 
                        Act, but any such assistance provided 
                        under this clause shall be subject to 
                        the prior notification procedures 
                        applicable to reprogrammings pursuant 
                        to section 634A of that Act;
                          (iv) disaster relief assistance, 
                        including any assistance under chapter 
                        9 of part I of that Act;
                          (v) antiterrorism assistance under 
                        chapter 8 of part II of that Act;
                          (vi) assistance for refugees;
                          (vii) humanitarian and other 
                        development assistance in support of 
                        programs of nongovernmental 
                        organizations under chapters 1 and 10 
                        of that Act;
                          (viii) programs under title IV of 
                        chapter 2 of part I of that Act, 
                        relating to the Overseas Private 
                        Investment Corporation; and
                          (ix) other programs involving trade-
                        related or humanitarian assistance; and
                  (B) sales, or financing on any terms, under 
                the Arms Export Control Act, other than sales 
                or financing provided for narcotics-related 
                purposes following notification in accordance 
                with the prior notification procedures 
                applicable to reprogrammings pursuant to 
                section 634A of the Foreign Assistance Act of 
                1961.
          (8) Severe forms of trafficking in persons.--The term 
        ``severe forms of trafficking in persons'' means--
                  (A) sex trafficking in which a commercial sex 
                act is induced by force, fraud, or coercion, or 
                in which the person induced to perform such act 
                has not attained 18 years of age; or
                  (B) the recruitment, harboring, 
                transportation, provision, or obtaining of a 
                person for labor or services, through the use 
                of force, fraud, or coercion for the purpose of 
                subjection to involuntary servitude, peonage, 
                debt bondage, or slavery.
          (9) Sex trafficking.--The term ``sex trafficking'' 
        means the recruitment, harboring, transportation, 
        provision, or obtaining of a person for the purpose of 
        a commercial sex act.
          (10) State.--The term ``State'' means each of the 
        several States of the United States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the United 
        States Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and 
        territories and possessions of the United States.
          (11) Task force.--The term ``Task Force'' means the 
        Interagency Task Force to Monitor and Combat 
        Trafficking established under section 105.
          (12) United states.--The term ``United States'' means 
        the fifty States of the United States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the Virgin 
        Islands, American Samoa, Guam, the Commonwealth of the 
        Northern Mariana Islands, and the territories and 
        possessions of the United States.
          (13) Victim of a severe form of trafficking.--The 
        term ``victim of a severe form of trafficking'' means a 
        person subject to an act or practice described in 
        paragraph (8).
          (14) Victim of trafficking.--The term ``victim of 
        trafficking'' means a person subjected to an act or 
        practice described in paragraph (8) or (9).

SEC. 104. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

    (a) Countries Receiving Economic Assistance.--Section 
116(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151(f)) is amended to read as follows: * * * \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).
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                  (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.--
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    \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).
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                  (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:
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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).''.
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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--
---------------------------------------------------------------------------
    \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.
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    \26\ Sec. 101(a) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3560) added 
subsec. (h).
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    (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).
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          (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.--
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    \28\ 22 U.S.C. 7105.
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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.\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\
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    \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''.
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                  (C) Education and training for trafficked 
                women and girls.
                  (D) The safe integration or reintegration of 
                trafficked individuals into an appropriate 
                community or family, with full respect for the 
                wishes, dignity, and safety of the trafficked 
                individual.
                  (E) Support for developing or increasing 
                programs to assist families of victims in 
                locating, repatriating, and treating their 
                trafficked family members, in assisting the 
                voluntary repatriation of these family members 
                or their integration or resettlement into 
                appropriate communities, and in providing them 
                with treatment.
                  (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).
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                          (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\
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    \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.
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    (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.
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    \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),''.
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                  (B) Requirement to expand benefits and 
                services.--Subject to subparagraph (C) and, in 
                the case of nonentitlement programs, to the 
                availability of appropriations, the Secretary 
                of Health and Human Services, the Secretary of 
                Labor, the Board of Directors of the Legal 
                Services Corporation, and the heads of other 
                Federal agencies shall expand benefits and 
                services to victims of severe forms of 
                trafficking in persons in the United States,and 
                aliens classified as a nonimmigrant under 
                section 101(a)(15)(T)(ii),\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\
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    \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)--
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    \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.
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                                  (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.
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    \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''.
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                          (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.
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    \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.
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                          (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).
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                                  (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.
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    \43\ Sec. 4(a)(3) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2877) added 
clause (iv).
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                  (F) \44\ Eligibility for interim assistance 
                of children.--
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    \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).
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                          (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.
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    \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''.
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                          (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:
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    \46\ Sec. 804(a)(2) of Public Law 109-162 (119 Stat. 3055) inserted 
``, the Secretary of Homeland Security'' after ``Attorney General''.
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          (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\
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    \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.--
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    \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)--
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  ``(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--
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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).
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                  (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''.
---------------------------------------------------------------------------
                  (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)).''.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 7101 note.
---------------------------------------------------------------------------
          (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.--
---------------------------------------------------------------------------
    \6\ 8 U.S.C. 1232.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \8\ 28 U.S.C. 534 note.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \9\ 8 U.S.C. 1351 note.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 7110 note.
---------------------------------------------------------------------------
          * * * * * * *

                TITLE IV--CHILD SOLDIERS PREVENTION \11\

          * * * * * * *
---------------------------------------------------------------------------
    \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.
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          (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:
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``sec. 303. rule of construction.
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    ``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--
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    \5\ As enrolled.
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                          ``(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.
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    \6\ 22 U.S.C. 7106 note.
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    (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--
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    \7\ 22 U.S.C. 7111.
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                  (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.--
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    \8\ 22 U.S.C. 7112.
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          (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.).
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    \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.
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    \1\ 22 U.S.C. 7101 note.
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    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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (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.
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    \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.
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    \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.
---------------------------------------------------------------------------
    \5\ Sec. 3 of Executive Order 13333 (March 18, 2004; 69 F.R. 13455) 
added secs. 4 through 7.
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    (b) The Secretary of State, in consultation with the 
members of the Task Force or their representatives, shall 
promulgate regulations to implement section 105 of the Act.
    Sec. 5.\5\ Enhanced Prevention of Trafficking in Persons. 
(a) The Secretary of State, in consultation with the members of 
the Task Force or their representatives, shall carry out the 
functions under subsection 106(c) and subsection 106(d) of the 
Act.
    (b) The Secretary of State shall have the authority to 
determine, under section 106(e)(1) of the Act, foreign 
destinations where sex tourism is significant. The Secretary of 
Homeland Security, in consultation with the members of the Task 
Force or their representatives and appropriate officials of the 
Departments of Commerce and Transportation, shall carry out all 
other functions under subsection 106(e) of the Act, including 
promulgation of any appropriate regulations relating to the 
distribution of the materials described in subsec. 106(e).
    (c) The head of each executive branch agency responsible 
for the establishment and conduct of initiatives and programs 
described in subsections 106(a) through (e) of the Act shall 
consult with appropriate nongovernmental organizations 
consistent with section 106(f) of the Act.
    (d) The Secretary of State shall have responsibility to 
initiate appropriate regulatory implementation of the 
requirements set out in section 106(g) of the Act with respect 
to contracts, including proposing appropriate amendments to the 
Federal Acquisition Regulation. Each affected executive branch 
department or agency shall implement, within that department or 
agency, the requirements set out in section 106(g) of the Act 
with respect to grants and cooperative agreements.
    Sec. 6.\5\ Research on Trafficking in Persons. The entities 
named in section 112A of the Act shall carry out the research 
initiatives required by section 112A of the Act, and shall 
award grants according to such policies and guidelines as may 
be established by the SPOG described in section 105(f) of the 
Act, as well as any applicable agency rules and regulations.
    Sec. 7.\5\ Guidance for Exercising Authority and Performing 
Duties. In exercising authority delegated by, or performing 
functions assigned in, this order, officers of the United 
States shall ensure that all actions taken by them are 
consistent with the President's constitutional authority to:
          (a) conduct the foreign affairs of the United States;
          (b) withhold information the disclosure of which 
        could impair the foreign relations, the national 
        security, the deliberative processes of the Executive, 
        or the performance of the Executive's constitutional 
        duties;
          (c) recommend for congressional consideration such 
        measures as the President may judge necessary or 
        expedient; and
          (d) supervise the unitary Executive Branch.
    Sec. 8.\6\ Judicial Review. This order does not create any 
rights or benefits, enforceable at law or equity, against the 
Untied States, its departments, its agencies, or other 
entities, its officers or employees, or any other person.
---------------------------------------------------------------------------
    \6\ Originally sec. 4; redesignated as sec. 8 by sec. 2 of 
Executive Order 13333 (March 18, 2004; 69 F.R. 13455).
              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''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
          * * * * * * *

                 TITLE II--TRADE AND DEVELOPMENT AGENCY

          * * * * * * *

SEC. 202. RENAMING OF TRADE AND DEVELOPMENT PROGRAM; CONFORMING 
                    CHANGES.

    (a) \2\ Renaming of Trade and Development Program.--The 
Trade and Development Program shall, on or after the effective 
date of this section, be known as the Trade and Development 
Agency.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2421 note.
---------------------------------------------------------------------------
    (b) Appointment of Present Director Not Affected.--The 
enactment of this title shall not affect the appointment of the 
individual who is the Director of the Trade and Development 
Program on the effective date of this section.
    (c) * * *
    (d) * * *
    (e) \2\ Reference in Other Laws.--Any reference in any law 
to the Trade and Development Program shall be deemed to be a 
reference to the Trade and Development Agency.

               TITLE III--AID, TRADE, AND COMPETITIVENESS

SEC. 301.\3\ SHORT TITLE.

    This title may be cited as the ``Aid, Trade, and 
Competitiveness Act of 1992''.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2421a note.
---------------------------------------------------------------------------

SEC. 302.\4\ CAPITAL PROJECTS OFFICE WITHIN THE AGENCY FOR 
                    INTERNATIONAL DEVELOPMENT.

    (a) Establishment of Office.--The Administrator of AID 
shall establish a capital projects office to carry out the 
purposes described in subsection (b).
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2421a.
---------------------------------------------------------------------------
    (b) Purposes of Office.--The purposes referred to in 
subsection (a) are--
          (1) to develop an AID program that would focus solely 
        on developmentally sound capital projects, taking into 
        consideration development needs of the host country and 
        the export opportunities for the United States; and
          (2) to consider specifically opportunities for United 
        States high-technology firms, including small- and 
        medium-sized firms, in supporting capital projects for 
        developing countries and for countries making the 
        transition from nonmarket to market economies.
    (c) Activities of AID.--The Administrator of AID (acting 
through the capital projects office), in coordination with the 
appropriate members of the Trade Promotion Coordination 
Committee--
          (1) shall support capital projects in developing 
        countries and in countries making the transition from 
        nonmarket to market economies;
          (2) shall periodically review infrastructure needs in 
        developing countries and countries making the 
        transition from nonmarket to market economies and shall 
        explore opportunities for United States firms in the 
        development of new capital projects in these countries, 
        keeping both United States firms and the Congress 
        informed of these reviews;
          (3) shall ensure that each capital project for which 
        AID provides funding is developmentally sound, as 
        determined under the criteria developed by the 
        Development Assistance Committee of the Organization 
        for Economic Cooperation and Development;
          (4) shall coordinate its activities with other AID 
        offices, and work with AID country missions, in 
        developing capital projects that provide opportunities 
        for United States firms consistent with AID's primary 
        mission to help developing countries with traditional 
        development projects;
          (5) shall coordinate, where appropriate, funds 
        available to AID for tied-aid purposes; and
          (6) shall play a special role in helping to meet the 
        infrastructure needs of countries making the transition 
        from nonmarket to market economies by meeting the 
        challenge of infrastructure assistance provided by 
        foreign governments to those countries, including by 
        undertaking a comprehensive study of the infrastructure 
        needs of the various countries making the transition 
        from nonmarket to market economies--
                  (A) to identify those sectors in the 
                economies of these countries that are most in 
                need of rebuilding, and
                  (B) to identify the state of technology in 
                these countries and the opportunity for United 
                States high technology firms to help develop a 
                technological infrastructure in these 
                countries, including an assessment of export 
                opportunities for United States high technology 
                companies.
The results of the study conducted pursuant to paragraph (6) 
shall be reported to the appropriate congressional committees 
within 12 months after the date of the enactment of this Act.

SEC. 303.\5\ CAPITAL PROJECTS FOR POVERTY ALLEVIATION AND ENVIRONMENTAL 
                    SAFETY AND SUSTAINABILITY.

    (a) Purposes.--The Administrator of AID shall develop a 
program, in accordance with subsection (b), that focuses on 
developmentally sound capital projects for basic infrastructure 
that will measurably alleviate the worst manifestations of 
poverty or directly promote environmental safety and 
sustainability at the community level, taking into 
consideration development needs of the host country and export 
opportunities for services and goods from the United States.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 2421b.
---------------------------------------------------------------------------
    (b) Activities of AID.--In order to carry out subsection 
(a), the Administrator of AID shall, working with AID technical 
support staff, regional bureau staff, and country missions, 
identify and provide funding for capital projects to alleviate 
the worst manifestations of poverty or to promote environmental 
safety and sustainability at the community level in countries 
receiving assistance under part I of the Foreign Assistance Act 
of 1961. Such projects may include basic sanitation systems, 
basic water supply and treatment, pollution control, and rural 
infrastructure benefiting poor communities or establishing 
environmentally sustainable patterns of rural development. Such 
projects should have measurable positive effects on indicators 
of human and environmental health.

SEC. 304.\6\ COORDINATION.

    The President shall use the Trade Promotion Coordination 
Committee to coordinate activities under this title with other 
relevant activities of the United States Government.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2421c.
---------------------------------------------------------------------------

SEC. 305.\3\ REPORTS TO CONGRESS ON CAPITAL PROJECTS.

    Not later than May 1, 1993, the President shall submit to 
the Congress a report describing--
          (1) the extent to which United States Government 
        resources have been expended specifically to support 
        the projects described in this title in developing 
        countries and countries making the transition from 
        nonmarket to market economies;
          (2) the extent to which the activities of the United 
        States Government have been coordinated pursuant to 
        section 304; and
          (3) the extent to which United States Government 
        capital projects and tied-aid credit programs have 
        affected United States exports.

SEC. 306.\7\ FUNDING FOR CAPITAL PROJECTS.

    (a) Funding Level.--The Congress strongly urges the 
President to use at least $650,000,000 for fiscal year 1993 and 
at least $700,000,000 for fiscal year 1994 of the total amounts 
made available for assistance under chapter 4 of part II of the 
Foreign Assistance Act of 1961 (relating to the economic 
support fund), assistance under the Support for East European 
Democracy (SEED) Act of 1989, assistance under the Freedom for 
Russia and Emerging Eurasian Democracies and Open Markets 
Support Act of 1992, and assistance under the Multilateral 
Assistance Initiative for the Philippines, for grants for 
developmentally sound capital projects. Such grants may be 
combined with financing offered by private financial entities 
or other entities.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 2421d.
---------------------------------------------------------------------------
    (b) Development Assistance Capital Projects.--Funds 
appropriated to carry out chapter 1 or chapter 10 of part I of 
the Foreign Assistance Act of 1961 (relating to development 
assistance and the Development Fund for Africa) may not be used 
for capital projects that do not meet the criteria contained in 
section 303 of this Act. This subsection does not apply with 
respect to capital projects for which funds have been obligated 
or expended before the date of the enactment of this Act.

SEC. 307.\3\ REPORT ON THE FEASIBILITY OF AID CREDIT GUARANTEES TO 
                    FINANCE CAPITAL PROJECTS.

    Not later than May 1, 1993, the President shall submit to 
the Committee on Foreign Affairs and the Committee on 
Appropriations of the House of Representatives and the 
Committee on Foreign Relations and the Committee on 
Appropriations of the Senate a report on the feasibility of 
allowing AID to offer credit guarantees for the financing of 
capital projects.

SEC. 308.\8\ DEFINITIONS.

    For purposes of this title--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2421e.
---------------------------------------------------------------------------
          (1) the term ``AID'' means the Agency for 
        International Development; and
          (2) the term ``capital project'' means a project 
        involving the construction, expansion, alteration of, 
        or the acquisition of equipment for, a physical 
        facility or physical infrastructure, including related 
        engineering design (concept and detail) and other 
        services, the procurement of equipment (including any 
        related services), and feasibility studies or similar 
        engineering and economic services.

               TITLE IV--UNITED STATES COMMERCIAL CENTERS

SEC. 401.\9\ UNITED STATES COMMERCIAL CENTERS.

    (a) Establishment.--The Secretary of Commerce, in his or 
her role as chairperson of the Trade Promotion Coordinating 
Committee, is authorized and encouraged to establish United 
States Commercial Centers (hereinafter in this section referred 
to as ``Centers'') in Asia, in Latin America, and in Africa.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 4723a.
---------------------------------------------------------------------------
    (b) Purpose of the Centers.--The purpose of the Centers 
shall be to provide additional resources for the promotion of 
exports of United States goods and services to the host 
countries, by familiarizing United States exporters with the 
industries, markets, and customs of the host countries, thus 
facilitating commercial ties and trade.
    (c) Functions of the Centers.--Each Center shall--
          (1) collect and publish economic and market data with 
        respect to the host country;
          (2) provide, on a user-fee basis, preliminary 
        technical and clerical assistance, language 
        translation, and administrative assistance, and 
        information regarding the legal systems, laws, 
        regulations, and procedures of the host country, to 
        United States exporters seeking to do business in the 
        host country; and
          (3) in other ways promote exports of United States 
        goods and services to the host country.
    (d) Specific Services To Be Provided.--To carry out its 
objectives, each Center shall make available the following (on 
a user-fee basis):
          (1) Business facilities.--Business facilities, 
        including exhibition space, conference rooms, office 
        space (including telephones and other basic office 
        equipment), and, where warranted by impeding 
        deficiencies in the public system, high quality 
        international telecommunications facilities.
          (2) Business services.--Business support services, 
        including language translation services, clerical 
        services, and a commercial library containing a 
        comprehensive collection of reference materials 
        covering United States and host country industries and 
        markets.
          (3) Commercial law information services.--Commercial 
        law information services, including--
                  (A) a clearinghouse for information regarding 
                the relevant commercial laws, practices, and 
                regulations of the host country;
                  (B) publications to assist United States 
                businesses;
                  (C) legal referral services; and
                  (D) lists of local agents and distributors.
    (e) Other Trade Promotion Activities.--Each Center shall 
also promote United States export trade by--
          (1) facilitating contacts between buyers, sellers, 
        bankers, traders, distributors, agents, and necessary 
        government officials from the United States and the 
        host country;
          (2) coordinating trade missions; and
          (3) assisting with applications, contracts, and 
        clearances for imports into the host country and 
        exports from the United States.
    (f) Staffing of Centers.--Each Center shall be staffed by 
members of the United States and Foreign Commercial Service, 
participants in the Market Development Cooperator Program 
established under section 2303 of the Export Enhancement Act of 
1988 (15 U.S.C. 4723), other employees of the Department of 
Commerce, and employees of appropriate executive branch 
departments and agencies which are members of the Trade 
Promotion Coordinating Committee.
    (g) Center Facilities and Their Relationship to United 
States Department of Commerce Operations in Host Countries.--
          (1) Physical accommodations for the centers.--The 
        Secretary of Commerce shall locate each Center in the 
        primary commercial city of the host country. The 
        Secretary shall acquire office space, exhibition space, 
        and other facilities and equipment that are necessary 
        for each Center to perform its functions. To the extent 
        feasible, each Center shall be located in the central 
        commercial district of the host city.
          (2) Consolidation of department of commerce 
        operations in host countries.--For the purpose of 
        obtaining maximum effectiveness and efficiency and to 
        the extent consistent with the purposes of the Centers, 
        the Secretary of Commerce is encouraged to place all 
        personnel of the Department of Commerce who are 
        assigned to the city in which a Center is located in 
        the same facilities as those in which the Center 
        conducts its activities.
    (h) Use of Market Development Cooperator Program.--The 
Secretary of Commerce shall, to the greatest extent feasible, 
use the Market Development Cooperator Program established under 
section 2303 of the Export Enhancement Act of 1988 (15 U.S.C. 
4723) to assist in carrying out the purposes of the Centers 
established under this section.
    (i) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary of Commerce to carry out 
this section $8,000,000 for fiscal year 1993, and $5,500,000 
for fiscal year 1994. Funds made available under this 
subsection may be used for the acquisition of real property.
    (j) \10\ * * * [Repealed--1995]
---------------------------------------------------------------------------
    \10\ Sec. 1021(b) of Public Law 104-66 (109 Stat. 707) repealed 
subsec. (j), which had required the Secretary of Commerce to report 
annually to the House Committee on International Relations and the 
Senate Committee on Banking, Housing, and Urban Affairs on the status, 
activities, and effectiveness of the Centers.
---------------------------------------------------------------------------
    (k) Definitions.--For purposes of this section--
          (1) the term ``United States exporter'' means--
                  (A) a United States citizen,
                  (B) a corporation, partnership, or other 
                association created under the laws of the 
                United States or of any State, or
                  (C) a foreign corporation, partnership, or 
                other association, more than 95 percent of 
                which is owned by persons described in 
                subparagraphs (A) and (B),
        that exports, or seeks to export, goods or services 
        produced in the United States;
          (2) the term ``State'' means any of the several 
        States, the District of Columbia, or any commonwealth, 
        territory, or possession of the United States; and
          (3) the term ``United States'' means the several 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.

               TITLE V--OTHER EXPORT PROMOTION ACTIVITIES

SEC. 501.\11\ ADDITIONAL PROCUREMENT OFFICERS.

    (a) Appointment.--The Secretary of Commerce, in 
consultation with the Secretary of the Treasury, shall appoint 
one or more full-time additional procurement officers, for each 
multilateral development bank, to promote exports of goods and 
services from the United States by doing the following:
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 262s-2 note.
---------------------------------------------------------------------------
          (1) Acting as the liaison between the business 
        community and one or more multilateral development 
        banks, whether or not the banks have offices in the 
        United States. The Secretary of Commerce shall ensure 
        that the procurement officer has access to, and 
        disseminates to United States businesses, information 
        relating to projects which are being proposed by the 
        multilateral development bank involved, and bid 
        specifications and deadlines for projects about to be 
        developed by the bank. The procurement officer shall 
        make special efforts to disseminate such information to 
        small- and medium-sized businesses interested in 
        participating in such projects. The procurement officer 
        shall explore opportunities for disseminating such 
        information through private sector, nonprofit 
        organizations.
          (2) Taking actions to assure that United States 
        businesses are fully informed of bidding opportunities 
        for projects for which loans have been made by the 
        multilateral development bank involved.
          (3) Taking actions to assure that United States 
        businesses can focus on projects in which they have a 
        particular interest or competitive advantage, and to 
        permit them to compete and have an equal opportunity in 
        submitting timely and conforming bidding documents.
    (b) Definition.--As used in this section, the term 
``multilateral development bank'' has the meaning given that 
term in section 1701(c) of the International Financial 
Institutions Act (22 U.S.C. 262r(c)).
    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary of Commerce $1,000,000 for 
each of the fiscal years 1993 and 1994 to carry out this 
section. Amounts appropriated pursuant to this subsection shall 
be available only for the purpose of making the appointment of 
additional procurement officers required by subsection (a).

            TITLE VI--ENTERPRISE FOR THE AMERICAS INITIATIVE

SEC. 601.\12\ SHORT TITLE.

    This title may be cited as the ``Enterprise for the 
Americas Act of 1992''.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 2151 note. Title VI, sec. 602, amended the Foreign 
Assistance Act of 1961, adding a new Part IV--Enterprise for the 
Americas Initiative, codified at 22 U.S.C. 2430.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 604.\13\ INTERNATIONAL UNIVERSITY FOR THE AMERICAS.

    (a) Purpose.--The purpose of this section is to promote 
economic integration and the consolidation and strengthening of 
democratic institutions in the Western Hemisphere, and to 
commemorate the 500th anniversary of the discovery of the 
Americas by Christopher Columbus through the establishment of 
an institution of higher education, which shall be known as the 
``International University for the Americas''.
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 2077.
---------------------------------------------------------------------------
    (b)  Establishment.--The Secretary of State, in 
consultation with other governments in the Western Hemisphere, 
shall determine the most appropriate location for the 
International University for the Americas. In making that 
determination, the Secretary shall ensure that--
          (1) the location chosen is in the Americas and is 
        easily accessible to all peoples in the region; and
          (2) the relevant government--
                  (A) has demonstrated a commitment to economic 
                integration and democratic values though its 
                policies and programs; and
                  (B) has expressed an interest in that 
                location being chosen as a site and has agreed 
                to contribute some amount of assistance, either 
                in cash or kind, toward the costs of developing 
                the institution.
    (c) Faculty, Students, and Curriculum.--In developing the 
bylaws of the International University for the Americas, the 
Secretary of State shall ensure that they contain provisions to 
ensure that faculty and students are drawn from all the nations 
in the Western Hemisphere, and that the curriculum is designed 
to develop expertise in fields that will promote the economic 
integration of the Americas and the consolidation of democracy 
throughout the Hemisphere.
    (d) Annual Report.--The annual reports submitted pursuant 
to section 614 of the 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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

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

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''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

  TITLE I--PROMOTING IMMUNIZATION AND ORAL REHYDRATION IN DEVELOPING 
                               COUNTRIES

SEC. 101. FINDINGS.

    The Congress finds that--
          (1) the United Nations Children's Fund (UNICEF) 
        reports that 3.5 million children die annually because 
        they have not been immunized against the six major 
        childhood diseases: polio, measles, whooping cough, 
        diphtheria, tetanus, and tuberculosis;
          (2) at present less than 20 percent of children in 
        the developing world are fully immunized against these 
        diseases;
          (3) each year more than five million additional 
        children are permanently disabled and suffer diminished 
        capacities to contribute to the economic, social, and 
        political development of their countries because they 
        have not been immunized;
          (4) ten million additional childhood deaths from 
        immunizable and potentially immunizable diseases could 
        be averted annually by the development of techniques in 
        biotechnology for new and cost-effective vaccines;
          (5) the World Health Assembly, the Executive Board of 
        the United Nations Children's Fund, and the United 
        Nations General Assembly are calling upon the nations 
        of the world to commit the resources necessary to meet 
        the challenge of universal access to childhood 
        immunization by 1990;
          (6) at the 1984 ``Bellagio Conference'' it was 
        determined that the goal of universal childhood 
        immunization by 1990 is indeed achievable; and
          (7) the Congress has expressed its expectation that 
        the Agency for International Development will set as a 
        goal the immunization by 1990 of at least 80 percent of 
        all the children in those countries in which the Agency 
        has a program.

SEC. 102. UNITED STATES PARTICIPATION IN GLOBAL EFFORT.

    (a) United States Government Support.--The Congress calls 
upon the President to direct the Agency for International 
Development, working through the Centers for Disease Control 
and other appropriate Federal agencies, to work in a global 
effort to provide enhanced support toward achieving the goal of 
universal access to childhood immunization by 1990 by--
          (1) assisting in the delivery, distribution, and use 
        of vaccines, including--
                  (A) the building of locally sustainable 
                systems and technical capacities in developing 
                countries to reach, by the appropriate age, not 
                less than 80 percent of their annually 
                projected target population with the full 
                schedule of required immunizations; and
                  (B) the development of a sufficient network 
                of indigenous professionals and institutions 
                with responsibility for developing, monitoring, 
                and assessing immunization programs and 
                continually adapting strategies to reach the 
                goal of preventing immunizable diseases; and
          (2) performing, supporting, and encouraging research 
        and development activities, both in the public and 
        private sector, that will be targeted at developing new 
        vaccines and at modifying and improving existing 
        vaccines to make them more appropriate for use in 
        developing countries.
    (b) Private Sector Support.--In support of this global 
effort, the President should appeal to the people of the United 
States and the United States private sector to support public 
and private efforts to provide the resources necessary to 
achieve universal access to childhood immunization by 1990.

SEC. 103.\2\ * * *

                 TITLE II--PROMOTING DEMOCRACY IN HAITI

SEC. 201. FINDINGS CONCERNING HAITI.

    The Congress finds that--
---------------------------------------------------------------------------
    \2\ Sec. 103 amended sec. 104(c) of the Foreign Assistance Act of 
1961, fiscal year 1987 funding authorization for Child Survival Fund 
and development assistance for health.
---------------------------------------------------------------------------
          (1) the establishment of an interim government in 
        Haiti committed to a restoration of democracy provides 
        Haiti with an opportunity to build the political, 
        social, and economic institutions necessary to promote 
        Haiti's development, to provide a better future for the 
        people of Haiti, and to provide the framework for more 
        effective mutual cooperation with the United States, 
        Haiti's neighbor in the Caribbean, and the other 
        nations of the Hemisphere;
          (2) the magnitude of the political, economic, and 
        social tasks facing the people of Haiti will make the 
        achievement of a better future a difficult task which 
        will require a determined and sustained effort by the 
        Haitian people over a long period of time and will 
        require significant external assistance from the United 
        States and other donors; and
          (3) it is in the interest of the United States to 
        provide appropriate support for the development of 
        Haiti, a close neighbor which is one of the world's 
        poorest nations and which is committed to the 
        establishment of a democratic government.

SEC. 202. ECONOMIC ASSISTANCE FOR HAITI.

    (a) Earmarking of Funds.--Not less than $108,000,000 of the 
aggregate amounts available for fiscal year 1987 to carry out 
sections 103 through 106 of the Foreign Assistance Act of 1961 
(relating to development assistance), chapter 4 of part II of 
that Act (relating to the Economic Support Fund), and titles I 
and II of the Agricultural Trade Development and Assistance Act 
of 1954 (relating to the Food for Peace Program) \3\ shall be 
available only for Haiti.
---------------------------------------------------------------------------
    \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'.''.
---------------------------------------------------------------------------
    (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\ * * *
---------------------------------------------------------------------------
    \4\ Subsec. (e) amended the Foreign Assistance Act of 1961, sec. 
401(s)(2), fiscal year 1987 funding authorization for the Inter-
American Foundation.
---------------------------------------------------------------------------
    (f) Additional Assistance for Economic Development in 
Haiti.--In order to assist economic development in Haiti, a 
Foreign Commercial Service officer should be assigned to the 
United States Embassy in Haiti.

SEC. 203. MILITARY TRAINING AND OTHER NONLETHAL ASSISTANCE FOR HAITI.

    (a) Authorization of Assistance.--Up to $4,000,000 of the 
aggregate amounts available for fiscal year 1987 to carry out 
chapter 2 of part II of the Foreign Assistance Act of 1961 
(relating to grant military assistance), chapter 5 of part II 
of that Act (relating to international military education and 
training), and the Arms Export Control Act (relating to FMS 
assistance) may be made available for Haiti for education, 
training, and other nonlethal assistance (such as 
transportation equipment, communications equipment, and 
uniforms).
    (b) Conditions on Military Assistance.--Funds made 
available pursuant to subsection (a) may be obligated only if 
the President certifies to the Congress the following:
          (1) The Government of Haiti has submitted a formal 
        request to the United States specifying a comprehensive 
        plan for the reform and reorganization of the mission, 
        command, and control structures of the Haitian armed 
        forces consistent with a transition to democracy, the 
        rule of law, constitutional government, and an elected 
        civilian government. Such a plan should include a 
        publicly announced commitment by the armed forces of 
        Haiti to abide by international human rights standards 
        and adoption of a code of conduct to assure adherence 
        to these standards.
          (2) The Government of Haiti is making substantial 
        efforts--
                  (A) to prevent the involvement of the Haitian 
                armed forces in human rights abuses and 
                corruption by removing from those forces and 
                prosecuting, in accordance with due process, 
                those military personnel responsible for the 
                human rights abuses and corruption;
                  (B) to ensure that freedom of speech and 
                assembly are respected;
                  (C) to conduct investigations into the 
                killings of unarmed civilians in Gonaives, 
                Martissant, and Fort Dimanche, to prosecute, in 
                accordance with due process, those responsible 
                for those killings, and to prevent any similar 
                occurrences in the future;
                  (D) to provide education and training to the 
                Haitian armed forces with respect to 
                internationally recognized human rights and the 
                civil and political rights essential to 
                democracy, in order to enable those forces to 
                function consistent with those rights; and
                  (E) to take steps to implement the policy of 
                the Government of Haiti requiring former 
                members of the Volunteers for National Security 
                (VSN) to turn in their weapons and to take the 
                necessary actions to enforce this requirement.
    (c) \5\ * * * [Repealed--1998]
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \3\ Title III of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1302), provided an appropriation of $1,300,000,000 for Egypt, as did 
title III of the 1987 Act (Public Law 99-591; 100 Stat. 3341-224).
---------------------------------------------------------------------------
    (2) Egypt shall be released from its contractual liability 
to repay the United States Government with respect to the 
credits extended pursuant to paragraph (1).
    (e) FMS Financing for Greece.--(1) Of the total amount of 
credits extended under section 23 of the Arms Export Control 
Act, $500,000,000 for each of the fiscal years 1986 \4\ and 
1987 shall be available only for Greece.
---------------------------------------------------------------------------
    \4\ Title III of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1302), provided $450,000,000 for Greece; the 1987 Act (Public Law 99-
591; 100 Stat. 3341-225) appropriated $343,000,000 for Greece.
---------------------------------------------------------------------------
    (2) For each of the fiscal years 1986 and 1987, of the 
total amount of credits extended for Greece under section 23 of 
the Arms Export Control Act, Greece shall receive the same 
proportion of credits extended at concessional rates of 
interest as the proportion of credits extended at concessional 
rates of interest which Turkey receives out of the total amount 
of credits extended for Turkey under that section, and the 
average annual rate of interest on the credits extended for 
Greece at concessional rates of interest shall be comparable to 
the average annual rate of interest on the credits extended for 
Turkey at concessional rates of interest. Credits extended for 
Greece for each of the fiscal years 1986 and 1987 at 
concessional rates of interest shall not be counted toward any 
ceiling established by law on concessional financing under the 
Arms Export Control Act.
    (f) FMS Financing and MAP for Turkey.--For each of the 
fiscal years 1986 \5\ and 1987, the aggregate total of 
financing under the Arms Export Control Act and assistance 
under chapter 2 of part II of the Foreign Assistance Act of 
1961 provided for Turkey may not exceed $714,280,000. Of this 
amount, up to $215,000,000 may be used for assistance under 
chapter 2 of part II of the Foreign Assistance Act of 1961, 
with the understanding that the United States Government is 
acting with urgency and determination to oppose any actions 
aimed at effecting a permanent bifurcation of Cyprus.
---------------------------------------------------------------------------
    \5\ Title III of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1302), provided Foreign Military Sales appropriation of $427,852,000 
for Turkey; the 1987 Act (Public Law 99-591; 100 Stat. 3341-225) 
appropriated $490,000 for Turkey.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 106. GUARANTY RESERVE FUND.

    (a) Report on Replenishment.--For the purpose of providing 
recommendations for improving the security interests of the 
United States and the friends and allies of the United States, 
the President shall prepare and transmit to the Congress within 
90 days after the date of enactment of this Act a report which 
sets forth the history of United States foreign military sales 
financing under the Foreign Assistance Act of 1961 and the Arms 
Export Control Act. Such report shall include recommendations 
on replenishing the Guaranty Reserve Fund under section 24 of 
the Arms Export Control Act and recommendations on other 
matters agreed to in consultation with the chairman and ranking 
minority member of the Committee on Foreign Relations of the 
Senate and of the Committee on Foreign Affairs of the House of 
Representatives.
          * * * * * * *

SEC. 129.\6\ CONVENTIONAL ARMS TRANSFERS.

    (a) Negotiations.--At the earliest possible date, the 
President should, in consultation with United States allies, 
initiate discussions with the Soviet Union and France aimed at 
beginning multilateral negotiations to limit and control the 
transfer of conventional arms to less developed countries.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2751 note.
---------------------------------------------------------------------------
    (b) Report.--Within one year after the date of enactment of 
this Act, the President shall submit to the Speaker of the 
House of Representatives and the chairman of the Committee on 
Foreign Relations of the Senate a report which specifies steps 
being taken to fulfill the requirements of subsection (a) and 
which examines and analyzes United States policies concerning 
the export of conventional arms, especially sophisticated 
weapons, and possible approaches to developing multilateral 
limitations on conventional arms sales. This report shall 
examine and analyze--
          (1) the lessons of earlier efforts to negotiate 
        restraints on the export of conventional arms;
          (2) the evolution of supplier practices and policies;
          (3) the evolution of recipient country attitudes 
        regarding conventional arms transfers;
          (4) the effect upon regional stability and security 
        of conventional arms transfer by the United States and 
        its allies and the Soviet Union and its allies;
          (5) the relationship between arms imports and the 
        external debt of recipient countries, the allocation of 
        their internal resources, and their economic well-
        being;
          (6) the relationship between arms exports by Western 
        European countries and the needs of those countries to 
        support their domestic military procurement programs;
          (7) the prospects for engaging the Soviet Union in 
        serious discussions concerning arms transfers, both 
        globally and as they relate to regional security 
        problems;
          (8) possible measures by the United States and 
        Western European suppliers to control levels of 
        sophisticated weapons sales, both regionally and 
        globally; and
          (9) the timing and phasing of international 
        conventional arms control negotiations.

SEC. 130.\7\ FOREIGN MILITARY SALES FOR JORDAN.

    (a) Middle East Peace.--The foreign military sales 
financing authorized by this Act for Jordan is provided and 
increased in the recognition of progress Jordan has made in the 
search for a just and lasting peace in the Middle East, to 
encourage further progress, in recognition of the continuing 
defense needs of Jordan, and in the expectation that Jordan 
will enter into direct negotiations with Israel based on United 
Nations Security Council Resolutions 242 and 338 in order to 
resolve the state of war between those two countries.
---------------------------------------------------------------------------
    \7\ Similar language enacted in sec. 545 of the Foreign Assistance 
and Related Programs Appropriations Act, 1986 (sec. 101(i) of Public 
Law 99-190; 99 Stat. 1311).
---------------------------------------------------------------------------
    (b) Sense of Congress.--It is the sense of the Congress 
that no foreign military sales financing authorized by this Act 
may be used to finance the procurement by Jordan of United 
States advanced aircraft, new air defense weapons systems, or 
other new advanced military weapons systems, and no 
notification may be made pursuant to section 36(b) of the Arms 
Export Control Act with respect to a proposed sale to Jordan of 
United States advanced aircraft, new air defense systems, or 
other new advanced military weapons systems, unless Jordan is 
publicly committed to the recognition of Israel and to 
negotiate promptly and directly with Israel under the basic 
tenets of United Nations Security Council Resolutions 242 and 
338.
    (c) \8\ Certification.--Any notification made pursuant to 
section 36(b) of the Arms Export Control Act with respect to a 
proposed sale to Jordan of United States advanced aircraft, new 
air defense systems, or other new advanced military weapons, 
shall be accompanied by a Presidential certification of 
Jordan's public commitment to the recognition of Israel and to 
negotiate promptly and directly with Israel under the basic 
tenets of United Nations Security Council Resolutions 242 and 
338.
---------------------------------------------------------------------------
    \8\ On June 23, 1995, the President certified ``that Jordan is 
publicly committed to the recognition of Israel and to negotiate [sic] 
promptly and directly with Israel under basic tenets of United Nations 
Security Council Resolutions 242 and 338.'' (Presidential Determination 
No. 95-27; 60 F.R. 35461).
---------------------------------------------------------------------------

SEC. 131. CERTIFICATION CONCERNING AWACS SOLD TO SAUDI ARABIA.

    (a) The President's 1981 AWACS Communication to the 
Senate.--(1) The Congress finds that in his October 28, 1981, 
communication to the Senate concerning the proposed sale of 
AWACS aircraft and F15 enhancement items to Saudi Arabia which 
was then being reviewed by the Congress (hereafter in this 
section referred to as the ``1981 AWACS communication''), the 
President stated the following:
        ``Transfer of the AWACS will take place . . . only 
        after the Congress has received in writing a 
        Presidential certification, containing agreements with 
        Saudi Arabia, that the following conditions have been 
        met:
        ``1. Security of Technology
          ``A. That a detailed plan for the security of 
        equipment, technology, information, and supporting 
        documentation has been agreed to by the United States 
        and Saudi Arabia and is in place; and
          ``B. The security provisions are no less stringent 
        than measures employed by the U.S. for protection and 
        control of its equipment of like kind outside the 
        continental U.S.; and
          ``C. The U.S. has the right of continual on-site 
        inspection and surveillance by U.S. personnel of 
        security arrangements for all operations during the 
        useful life of the AWACS. It is further provided that 
        security arrangements will be supplemented by 
        additional U.S. personnel if it is deemed necessary by 
        the two parties; and
          ``D. Saudi Arabia will not permit citizens of third 
        nations either to perform maintenance on the AWACS or 
        to modify any such equipment without prior, explicit 
        mutual consent of the two governments; and
          ``E. Computer software, as designated by the U.S. 
        Government, will remain the property of the USG.
        ``2. Access to Information
          ``That Saudi Arabia has agreed to share with the 
        United States continuously and completely the 
        information that it acquires from use of the AWACS.
        ``3. Control Over Third-Country Participation
          ``A. That Saudi Arabia has agreed not to share access 
        to AWACS equipment, technology, documentation, or any 
        information developed from such equipment or technology 
        with any nation other than the U.S. without the prior, 
        explicit mutual consent of both governments; and
          ``B. There are in place adequate and effective 
        procedures requiring the screening and security 
        clearance of citizens of Saudi Arabia and that only 
        cleared Saudi citizens and cleared U.S. nationals will 
        have access to AWACS equipment, technology, or 
        documentation, or information derived therefrom, 
        without the prior, explicit mutual consent of the two 
        governments.
        ``4. AWACS Flight Operations
          ``That the Saudi AWACS will be operated solely within 
        the boundaries of Saudi Arabia, except with the prior, 
        explicit mutual consent of the two governments, and 
        solely for defensive purposes as defined by the United 
        States, in order to maintain security and regional 
        stability.
        ``5. Command Structure
          ``That agreements as they concern organizational 
        command and control structure for the operation of 
        AWACS are of such a nature to guarantee that the 
        commitments above will be honored.
        ``6. Regional Peace and Security
          ``That the sale contributes directly to the stability 
        and security of the area, enhances the atmosphere and 
        prospects for progress toward peace, and that 
        initiatives toward the peaceful resolution of disputes 
        in the region have either been successfully completed 
        or that significant progress toward that goal has been 
        accomplished with the substantial assistance of Saudi 
        Arabia.''.
    (2) The Congress finds that the President also stated in 
the 1981 AWACS communications that should circumstances arise 
that might require changes in the arrangements described in 
that communication, ``they would be made only with 
Congressional participation''.
    (b) Requirement for Presidential Certification.--As 
provided in the 1981 AWACS communication, before the E3A 
airborne warning and control system (AWACS) aircraft which were 
the subject of that communication are transferred to Saudi 
Arabia, the President shall submit to the Congress a written 
Presidential certification, containing agreements with Saudi 
Arabia, that the conditions set forth in that communication 
have been met.
    (c) Congressional Participation in Changes in AWACS 
Arrangements.--In order to facilitate the congressional 
participation provided for in the 1981 AWACS communication, the 
President shall notify the Congress promptly of any changes 
being considered by the United States in the arrangements 
described in that communication.

SEC. 132. COOPERATIVE AGREEMENTS ON AIR DEFENSE IN CENTRAL EUROPE.

    (a) General Authorities.--The Secretary of Defense may 
carry out the European air defense agreements. In carrying out 
those agreements, the Secretary--
          (1) may provide without monetary charge to the 
        Federal Republic of Germany articles and services as 
        specified in the agreements; and
          (2) may accept from the Federal Republic of Germany 
        (in return for the articles and services provided under 
        paragraph (1)) articles and services as specified in 
        the agreements.
    (b) Special Authorities.--In connection with the 
administration of the European air defense agreements, the 
Secretary of Defense may--
          (1) waive any surcharge for administrative services 
        otherwise chargeable under section 21(e)(1)(A) of the 
        Arms Export Control Act;
          (2) waive any charge not otherwise waived for 
        services associated with contract administration for 
        the sale under the Arms Export Control Act of Patriot 
        air defense missile fire units to the Federal Republic 
        of Germany contemplated in the agreements;
          (3) use, to the extent contemplated in the 
        agreements, the NATO Maintenance and Supply Agency--
                  (A) for the supply of logistical support in 
                Europe for the Patriot missile system, and
                  (B) for the acquisition of such logistical 
                support,
        to the extent that the Secretary determines that the 
        procedures of that Agency governing such supply and 
        acquisition are appropriate;
          (4) share, to the extent contemplated in the 
        agreements, the costs of setup charges of facilities 
        for use by that Agency to perform depot-level support 
        of Patriot missile fire units in Europe; and
          (5) delivery to the Federal Republic of Germany one 
        Patriot missile fire unit configured for training, to 
        be purchased by the Federal Republic of Germany under 
        the Arms Export Control Act as contemplated in the 
        agreements, without regard to the requirement in 
        section 22 of that Act for payment in advance of 
        delivery for any purchase under that Act.
    (c) Rate Charged for Certain Services.--Notwithstanding the 
rate required to be charged under section 21 of the Arms Export 
Control Act for services furnished by the United States, in the 
case of 14 Patriot missile fire units which the Federal 
Republic of Germany purchases from the United States under the 
Arms Export Control Act as contemplated in the European air 
defense agreements, the rate charged by the Secretary of 
Defense for packing, crating, handling, and transportation 
services associated with that purchase may not exceed the 
established Department of Defense rate for such services.
    (d) Limitation on Contract Authority.--The authority of the 
Secretary of Defense to enter into contracts under the European 
air defense agreements is available only to the extent that 
appropriated funds, other than those made available under 
section 31 of the Arms Export Control Act, are available for 
that purpose.
    (e) Relation to Fiscal Year 1985 Authorization.--The 
authorities provided by this section are an extension of, and 
not in addition to, the authorities provided by section 1007 of 
the Department of Defense Authorization Act, 1985 (98 Stat. 
2579), relating to the authority of the Secretary of Defense to 
carry out the European air defense agreements during fiscal 
year 1985.
    (f) Definition of European Air Defense Agreements.--For the 
purposes of this section, the term ``European air defense 
agreements'' means--
          (1) the agreement entitled ``Agreement between the 
        Secretary of Defense of the United States of America 
        and the Minister of Defense of the Federal Republic of 
        Germany on Cooperative Measures for Enhancing Air 
        Defense for Central Europe'', signed on December 6, 
        1983; and
          (2) the agreement entitled ``Agreement between the 
        Secretary of Defense of the United States of America 
        and the Minister of Defense of the Federal Republic of 
        Germany in implementation of the 6 December 1983 
        Agreement on Cooperative Measures for Enhancing Air 
        Defense for Central Europe'', signed on July 12, 1984.

                    TITLE II--ECONOMIC SUPPORT FUND

          * * * * * * *

SEC. 202. ASSISTANCE FOR THE MIDDLE EAST.

    (a) Israel.\9\, \10\--(1) Of the amounts 
authorized to be appropriated to carry out chapter 4 of part II 
of the Foreign Assistance Act of 1961, not less than 
$1,200,000,000 for fiscal year 1986 \11\ and not less than 
$1,200,000,000 for fiscal year 1987 shall be available only for 
Israel.
---------------------------------------------------------------------------
    \9\ Title II of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190), contained 
the following:
    ``That it is the sense of the Congress that the recommended levels 
of assistance for Egypt and Israel are based in great measure upon 
their continued participation in the Camp David Accords and upon the 
Egyptian-Israeli peace treaty; and that Egypt and Israel are urged to 
continue their efforts to restore a full diplomatic relationship, 
including ambassadors, and achieve realization of the Camp David 
Accords.''.
    Identical language was contained in title II of the 1987 Act 
(Public Law 99-591; 100 Stat. 3341-221).
    \10\ Sec. 532 of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1308), provided the following:
    ``Sec. 532. The Congress finds that progress on the peace process 
in the Middle East is vitally important to United States security 
interests in the region. The Congress recognizes that, in fulfilling 
its obligations under the Treaty of Peace Between the Arab Republic of 
Egypt and the State of Israel, done at Washington on March 26, 1979, 
Israel incurred severe economic burdens. Furthermore, the Congress 
recognizes that an economically and militarily secure Israel serves the 
security interests of the United States, for a secure Israel is an 
Israel which has the incentive and confidence to continue pursuing the 
peace process. Therefore, the Congress declares that it is the policy 
and the intention of the United States that the funds provided in 
annual appropriations for the Economic Support Fund which are allocated 
to Israel shall not be less than the annual debt repayment (interest 
and principal) from Israel to the United States Government in 
recognition that such a principle serves United States interests in the 
region.''.
    Sec. 531 of the 1987 Act (Public Law 99-591; 100 Stat. 3341-231), 
contained identical language to sec. 532 above.
    \11\ Title II of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1298), provided appropriations for the Economic Support Fund:
    ``* * * not less than $1,200,000,000 shall be available only for 
Israel, which sum shall be available on a grant basis as a cash 
transfer and shall be disbursed within 30 days of enactment of this Act 
or by October 31, 1985, whichever is later * * *.''.
    Title II of the 1987 Act (Public Law 99-591; 100 Stat. 3341-220) 
contained identical language to that above except that the amount is 
``$1,200,000,000'', and the date is ``October 31, 1986''.
---------------------------------------------------------------------------
    (2) The total amounts of funds allocated for Israel under 
that chapter for fiscal year 1986 and fiscal year 1987 shall be 
made available as a cash transfer on a grant basis. Such 
transfer shall be made on an expedited basis in the first 30 
days of the respective fiscal year. In exercising the authority 
of this paragraph, the President shall ensure that the level of 
cash transfer made to Israel does not cause an adverse impact 
on the total level of nonmilitary exports from the United 
States to Israel.
    (b) Egypt.--(1) Of the amounts authorized to be 
appropriated to carry out chapter 4 of part II of the Foreign 
Assistance Act of 1961, not less than $815,000,000 for fiscal 
year 1986 \12\ and not less than $815,000,000 for fiscal year 
1987 shall be available only for Egypt.
---------------------------------------------------------------------------
    \12\ Title II of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1298), provided the following for Economic Support Fund for Egypt:
    ``not less than $815,000,000 shall be available only for Egypt, 
which sum shall be provided on a grant basis, of which not less than 
$115,000,000 shall be provided as a cash transfer in accordance with 
the provisions of section 202(b) of Public Law 99-83, and not less than 
$200,000,000 shall be provided as a Commodity Import Program:''.
    Title II of the 1987 Act (Public Law 99-591; 100 Stat. 3341-220) 
contained identical language, as well as the following:
    ``* * * Provided further, That notwithstanding any other provision 
of law, the Agency for International Development is authorized to 
obligate such funds as it deems necessary in excess of $115,000,000 
from the funds appropriated for assistance to Egypt for the fiscal year 
1987 as direct cash transfer for Egypt: Provided further, That such 
obligations in excess of $115,000,000 shall only be made in support of 
the implementation of a comprehensive structural economic reform 
program by the Government of Egypt: Provided further, That all such 
cash transfers in excess of $115,000,000 shall be subject to the 
regular notification procedures of the Committee on Foreign Affairs of 
the House of Representatives, the Committee on Foreign Relations of the 
Senate, and the Appropriations Committee of the House and Senate: 
Provided further, That such notifications for the provision of cash 
transfers in excess of $115,000,000 shall include detailed descriptions 
of the comprehensive structural economic reform program of the 
Government of Egypt: Provided further, That if the Agency for 
International Development obligates cash transfer assistance for Egypt 
exceeding $115,000,000, as permitted above, then such increased funding 
shall be derived through proportionate reductions in both the Commodity 
Import Program and project assistance: Provided further, That it is the 
sense of the Congress that the recommended levels of assistance for 
Egypt and Israel are based in great measure upon their continued 
participation in the Camp David Accords and upon the Egyptian-Israeli 
peace treaty; and that Egypt and Israel are urged to continue their 
efforts to restore a full diplomatic relationship, including 
ambassadors, and achieve realization of the Camp David Accords: * * 
*''.
---------------------------------------------------------------------------
    (2) All of the funds made available to Egypt under that 
chapter for the fiscal years 1986 and 1987 shall be provided on 
a grant basis.
    (3) Up to $115,000,000 of the amounts provided for Egypt 
for each of the fiscal years 1986 and 1987 pursuant to 
paragraph (1) may be provided as a cash transfer with the 
understanding that Egypt will undertake economic reforms or 
development activities which are additional to those which 
would be undertaken in the absence of the cash transfer.
    (c) Cooperative Scientific and Technological Projects.--It 
is the sense of the Congress that, in order to continue to 
build the structure of peace in the Middle East, the United 
States should finance, and where appropriate participate in, 
cooperative projects of a scientific and technological nature 
involving Israel and Egypt and other Middle East countries 
wishing to participate. These cooperative projects should 
include projects in the fields of agriculture, health, energy, 
the environment, education, water resources, and the social 
sciences.

SEC. 203. ASSISTANCE FOR CYPRUS.

    (a) Earmarks.--Of the amounts authorized to be appropriated 
to carry out chapter 4 of part II of the Foreign Assistance Act 
of 1961, not less than $15,000,000 for fiscal year 1986 \13\ 
and not less than $15,000,000 for fiscal year 1987 shall be 
available only for Cyprus.
---------------------------------------------------------------------------
    \13\ Title II of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190), provided 
the following for Economic Support Fund for Cyprus for FY 1986:
    ``* * * of the funds appropriated or otherwise made available under 
this heading, $15,000,000 shall be available only for Cyprus (except 
that any offshore procurement must meet Agency for International 
Development procurement source and origin regulations)''.
    Title II of the 1987 Act (Public Law 99-591; 100 Stat. 3341-221) 
provided: ``That not less than $15,000,000 of the funds appropriated 
under this paragraph shall be available for Cyprus''.
---------------------------------------------------------------------------
    (b) Cyprus Peace and Reconstruction Fund.--It is the sense 
of the Congress that, at the appropriate time, $250,000,000 
should be authorized to be appropriated to provide assistance 
for Cyprus under chapter 4 of part II of the Foreign Assistance 
Act of 1961 if the President certifies to the Congress that an 
agreement has been concluded by the Greek and Turkish Cypriots 
which is supported by Greece and Turkey and which achieves 
substantial progress toward settlement of the Cyprus dispute. 
Such an agreement should include an agreement on Varosha/
Famagusta, foreign troop levels in the Republic of Cyprus, the 
disposition of the international airport on Cyprus, or other 
significant steps which are evidence of substantial progress 
toward an overall settlement of the Cyprus dispute.

SEC. 204. ASSISTANCE FOR PORTUGAL.

    Of the amounts authorized to be appropriated to carry out 
chapter 4 of part II of the Foreign Assistance Act of 1961, 
$80,000,000 for fiscal year 1986 and $80,000,000 for fiscal 
year 1987 shall be available only for Portugal.

SEC. 205. ACQUISITION OF AGRICULTURAL COMMODITIES UNDER COMMODITY 
                    IMPORT PROGRAMS.

    The President shall use not less than 18 percent of the 
funds which are authorized to be appropriated to carry out 
chapter 4 of part II of the Foreign Assistance Act of 1961 for 
each of the fiscal years 1986 and 1987, and which are made 
available for commodity import programs, for the purchase of 
agricultural commodities of United States-origin.

SEC. 206. TIED AID CREDIT PROGRAM.

    Of the amounts authorized to be appropriated to carry out 
chapter 4 of part II of the Foreign Assistance Act of 1961 
which are allocated for Commodity Import Programs--
          (1) not less than $50,000,000 for fiscal year 1986, 
        and
          (2) an aggregate of not less than $100,000,000 for 
        both fiscal years 1986 and 1987,
shall be deposited in the fund authorized by subsection (c)(2) 
of section 645 of the Trade and Development Enhancement Act of 
1983 (12 U.S.C. 635r) and shall be used by the Agency for 
International Development in carrying out the program of tied 
aid credits for United States exports which is provided for in 
that section. Funds that have not been obligated pursuant to 
the tied aid credit program by the end of the third quarter of 
the fiscal year for which they were appropriated may be used 
for other purposes under chapter 4 of part II of the Foreign 
Assistance Act of 1961 if the Administrator of the Agency for 
International Development certifies to the Congress that (A) no 
trade credit application acceptable and timely under the Trade 
and Development Enhancement Act of 1983 is pending, or (B) 
those funds are not needed for that program because other 
countries are not engaging in predatory financing practices in 
order to compete with United States exports.

SEC. 207. RESTRICTION ON USE OF FUNDS FOR NUCLEAR FACILITIES.

    Funds authorized to be appropriated to carry out chapter 4 
of part II of the Foreign Assistance Act of 1961 for fiscal 
year 1986 or fiscal year 1987 may not be used to finance the 
construction of, the operation or maintenance of, or the 
supplying of fuel for, any nuclear facility in a foreign 
country unless the President certifies to the Congress that 
such country is a party to the Treaty on the Non-Proliferation 
of Nuclear Weapons or the Treaty for the Prohibition of Nuclear 
Weapons in Latin America (the ``Treaty of Tlatelolco''), 
cooperates fully with the International Atomic Energy Agency, 
and pursues nonproliferation policies consistent with those of 
the United States.

SEC. 208. FISCAL YEAR 1985 SUPPLEMENTAL AUTHORIZATION.

    (a) Authorization.--In addition to the amount appropriated 
for such purpose by Public Law 98-473, there are authorized to 
be appropriated $2,008,000,000 for fiscal year 1985 to carry 
out the purposes of chapter 4 of part II of the Foreign 
Assistance Act of 1961. Of this amount, $1,500,000,000 shall be 
available only for Israel, $500,000,000 shall be available only 
for Egypt, and $8,000,000 shall be available only for the 
Middle East Regional Program. Amounts appropriated pursuant to 
this section are authorized to remain available until September 
30, 1986.
    (b) Effective Date.--This section shall take effect on the 
date of enactment of this Act.

                   TITLE III--DEVELOPMENT ASSISTANCE

          * * * * * * *

SEC. 305. PROMOTION OF IMMUNIZATION AND ORAL REHYDRATION.

    (a) * * *
    (b) Annual Reports.--Each annual report required by section 
634 of the Foreign Assistance Act of 1961 shall describe the 
progress achieved during the preceding fiscal year in carrying 
out section 104(c)(3) of such Act.
          * * * * * * *

SEC. 311.\14\ USE OF PRIVATE AND VOLUNTARY ORGANIZATIONS, COOPERATIVES, 
                    AND THE PRIVATE SECTOR.

    (a) Study.--The Administrator of the Agency for 
International Development shall undertake a comprehensive study 
of additional ways to provide development assistance through 
nongovernmental organizations, including United States and 
indigenous private and voluntary organizations, cooperatives, 
the business community, and other private entities. Such study 
shall include--
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 2151u note.
---------------------------------------------------------------------------
          (1) an analysis of the percentage of development 
        assistance allocated to governmental and 
        nongovernmental programs;
          (2) an analysis of structural impediments, within 
        both the United States and foreign governments, to 
        additional use of nongovernmental programs; and
          (3) an analysis of the comparative economic benefits 
        of governmental and nongovernmental programs.
    (b) Report.--The Administrator shall report the results of 
this study to the Congress no later than September 30, 1986.
          * * * * * * *

SEC. 315. MINORITY SET-ASIDE.

    Except to the extent that the Administrator of the Agency 
for International Development determines otherwise, not less 
than 10 percent of the aggregate of the funds made available 
for each of the fiscal years 1986 and 1987 to carry out chapter 
1 of part I of the Foreign Assistance Act of 1961 shall be made 
available only for activities of economically and socially 
disadvantaged enterprises (within the meaning of section 
133(c)(5) of the International Development and Food Assistance 
Act of 1977), historically black colleges and universities, and 
private and voluntary organizations which are controlled by 
individuals who are black Americans, Hispanic Americans, or 
Native Americans, or who are economically and socially 
disadvantaged (within the meaning of section 133(c)(5) (B) and 
(C) of the International Development and Food Assistance Act of 
1977). For purposes of this section, economically and socially 
disadvantaged individuals shall be deemed to include women.

              TITLE IV--OTHER FOREIGN ASSISTANCE PROGRAMS

          * * * * * * *

SEC. 402. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS AND 
                    PROGRAMS.

    (a) * * *
    (b) Fiscal Year 1985 Contribution to United Nations 
Environment Program.--Notwithstanding section 614 of the 
Foreign Assistance Act of 1961 or any other provision of law, 
$10,000,000 \15\ of the funds appropriated for the fiscal year 
1985 to carry out chapter 3 of part I of such Act shall be 
available only for the United Nations Environment Program. This 
subsection shall take effect on the date of enactment of this 
Act.
---------------------------------------------------------------------------
    \15\ Title I of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1294), made available $9,000,000.
---------------------------------------------------------------------------
          * * * * * * *

     TITLE V--INTERNATIONAL TERRORISM AND FOREIGN AIRPORT SECURITY

             Part A--International Terrorism Generally \16\

          * * * * * * *
---------------------------------------------------------------------------
    \16\ Title II of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1300), appropriated $7,420,000 for anti-terrorism assistance for FY 
1986.
    Title II of the 1987 Act (Public Law 99-591; 100 Stat. 3341-223) 
provided the following:
---------------------------------------------------------------------------

``anti-terrorism assistance
---------------------------------------------------------------------------

    ``For necessary expenses to carry out the provisions of chapter 8 
of part II, $9,840,000.''.
    In addition, Title I, chapter V of the Urgent Supplemental 
Appropriations Act, 1986 (Public Law 99-349; 100 Stat. 725), provided 
the following:
---------------------------------------------------------------------------

``Department of State

``anti-terrorism assistance (transfers of funds)
---------------------------------------------------------------------------

    ``For an additional amount to carry out the provisions of chapter 8 
of part II of the Foreign Assistance Act of 1961, $2,739,000, to be 
derived by transfer from any of the funds appropriated or otherwise 
made available in titles I, II, III, and IV of the Foreign Assistance 
and Related Programs Appropriations Act, 1986 (as enacted in Public Law 
99-190).''.
---------------------------------------------------------------------------

SEC. 502. COORDINATION OF ALL UNITED STATES TERRORISM-RELATED \17\ 
                    ASSISTANCE TO FOREIGN COUNTRIES.

    (a) Coordination.--The Secretary of State shall be 
responsible for coordinating all assistance related to 
international terrorism \17\ which is provided by the United 
States Government.
---------------------------------------------------------------------------
    \17\ Sec. 503 of Public Law 99-399 (100 Stat. 871) inserted 
references to ``terrorism-related'' or ``related to international 
terrorism'' in lieu of references to ``anti-terrorism''.
---------------------------------------------------------------------------
    (b) Reports.--Not later than February 1 each year, the 
Secretary of State, in consultation with appropriate United 
States Government agencies, shall report to the appropriate 
committees of the Congress on the assistance related to 
international terrorism \17\ which was provided by the United 
States Government during the preceding fiscal year. Such 
reports may be provided on a classified basis to the extent 
necessary, and shall specify the amount and nature of the 
assistance provided.
    (c) \18\ Rule of Construction.--Nothing contained in this 
section shall be construed to limit or impair the authority or 
responsibility of any other Federal agency with respect to law 
enforcement, domestic security operations, or intelligence 
activities as defined in Executive Order 12333.\19\
---------------------------------------------------------------------------
    \18\ 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.
---------------------------------------------------------------------------

SEC. 503.\20\ PROHIBITION ON ASSISTANCE TO COUNTRIES SUPPORTING 
                    INTERNATIONAL TERRORISM. * * *
---------------------------------------------------------------------------

    \20\ Sec. 503(a) amended sec. 620A of the FAA of 1961. Sec. 503(b) 
amended sec. 3(f) of the AECA.
---------------------------------------------------------------------------

SEC. 504. PROHIBITION ON IMPORTS FROM AND EXPORTS TO LIBYA.

    (a) Prohibition on Imports.--Notwithstanding any other 
provision of law, the President may prohibit any article grown, 
produced, extracted, or manufactured in Libya from being 
imported into the United States.
    (b) Prohibition on Exports.--Notwithstanding any other 
provision of law, the President may prohibit any goods or 
technology, including technical data or other information, 
subject to the jurisdiction of the United States or exported by 
any person subject to the jurisdiction of the United States, 
from being exported to Libya.
    (c) Definition.--For purposes of this section, the term 
``United States'', when used in a geographical sense, includes 
territories and possessions of the United States.

SEC. 505.\21\ BAN ON IMPORTING GOODS AND SERVICES FROM COUNTRIES 
                    SUPPORTING TERRORISM.

    (a) Authority.--The President may ban the importation into 
the United States of any good or service from any country which 
supports terrorism or terrorist organizations or harbors 
terrorists or terrorist organizations.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 2349aa-9.
---------------------------------------------------------------------------
    (b) Consultation.--The President, in every possible 
instance, shall consult with the Congress before exercising the 
authority granted by this section and shall consult regularly 
with the Congress so long as that authority is being exercised.
    (c) Reports.--Whenever the President exercises the 
authority granted by this section, he shall immediately 
transmit to the Congress a report specifying--
          (1) The country with respect to which the authority 
        is to be exercised and the imports to be prohibited;
          (2) the circumstances which necessitate the exercise 
        of such authority;
          (3) why the President believes those circumstances 
        justify the exercise of such authority; and
          (4) why the President believes the prohibitions are 
        necessary to deal with those circumstances.
At least once during each succeeding 6-month period after 
transmitting a report pursuant to this subsection, the 
President shall report to the Congress with respect to the 
actions taken, since the last such report, pursuant to this 
section and with respect to any changes which have occurred 
concerning any information previously furnished pursuant to 
this subsection.
    (d) Definition.--For purposes of this section, the term 
``United States'' includes territories and possessions of the 
United States.

SEC. 506. INTERNATIONAL ANTI-TERRORISM COMMITTEE.

    The Congress calls upon the President to seek the 
establishment of an international committee, to be known as the 
International Anti-Terrorism Committee, consisting of 
representatives of the member countries of the North Atlantic 
Treaty Organization, Japan, and such other countries as may be 
invited and may choose to participate. The purpose of the 
Committee should be to focus the attention and secure the 
cooperation of the governments and the public of the 
participating countries and of other countries on the problems 
and responses to international terrorism, by serving as a forum 
at both the political and law enforcement levels.

SEC. 507. INTERNATIONAL TERRORISM CONTROL TREATY.

    It is the sense of the Congress that the President should 
establish a process by which democratic and open societies of 
the world, which are those most plagued by terrorism, negotiate 
a viable treaty to effectively prevent and respond to terrorist 
attacks. Such a treaty should incorporate an operative 
definition of terrorism, and should establish effective close 
intelligence-sharing, joint counterterrorist training, and 
uniform laws on asylum, extradition, and swift punishment for 
perpetrators of terrorism. Parties to such a treaty should 
include, but not be limited to, those democratic nations who 
are most victimized by terrorism.

SEC. 508. STATE TERRORISM.

    It is sense of the Congress that all civilized nations 
should firmly condemn the increasing use of terrorism by 
certain states as an official instrument for promoting their 
policy goals, as evidenced by such examples as the brutal 
assassination of Major Arthur D. Nicholson, Junior, by a member 
of the Soviet armed forces.

                    Part B--Foreign Airport Security

SEC. 551. SECURITY STANDARDS FOR FOREIGN AIR TRANSPORTATION.

    (a) \22\ Security at Foreign Airports.--* * * [Repealed--
1994]
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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.
---------------------------------------------------------------------------
    (b) Conforming Amendments.--* * * [Repealed--1994]
    (c) Closing of Beirut International Airport.--It is the 
sense of the Congress that the President is urged and 
encouraged to take all appropriate steps to carry forward his 
announced policy of seeking the effective closing of the 
international airport in Beirut, Lebanon, at least until such 
time as the Government of Lebanon has instituted measures and 
procedures designed to prevent the use of that airport by 
aircraft hijackers and other terrorists in attacking civilian 
airlines or their passengers, hijacking their aircraft, or 
taking or holding their passengers hostage.

SEC. 552.\23\ * * * [REPEALED--1994]

SEC. 553.\24\ * * * [REPEALED--1994]

SEC. 554. ENFORCEMENT OF INTERNATIONAL CIVIL AVIATION ORGANIZATION 
                    STANDARDS.

    The Secretary of State and the Secretary of Transportation, 
jointly, shall call on the member countries of the 
International Civil Aviation Organization to enforce that 
Organization's existing standards and to support United States 
actions enforcing such standards.
---------------------------------------------------------------------------
    \23\ Formerly at 49 U.S.C. app. 1515a. Sec. 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
---------------------------------------------------------------------------

SEC. 555. INTERNATIONAL CIVIL AVIATION BOYCOTT OF COUNTRIES SUPPORTING 
                    INTERNATIONAL TERRORISM.

    It is the sense of the Congress that the President--
          (1) should call for an international civil aviation 
        boycott with respect to those countries which the 
        President determines--
                  (A) grant sanctuary from prosecution to any 
                individual or group which has committed an act 
                of international terrorism, or
                  (B) otherwise support international 
                terrorism; and
          (2) should take steps, both bilateral and 
        multilateral, to achieve a total international civil 
        aviation boycott with respect to those countries.

SEC. 556.\25\ * * * [REPEALED--1994]
---------------------------------------------------------------------------

    \25\ Formerly 49 U.S.C. app. 1515 note. Sec. 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.
---------------------------------------------------------------------------

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:
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
          (1) For fiscal year 1986--
                  (A) up to 50 percent of the aggregate amount 
                of such assistance allocated for Bolivia may be 
                provided at any time after the President 
                certifies to the Congress that the Government 
                of Bolivia has enacted legislation that will 
                establish its legal coca requirements, provide 
                for the licensing of the number of hectares 
                necessary to produce the legal requirement, and 
                make unlicensed coca production illegal; and
                  (B) the remaining amount of such assistance 
                may be provided at any time following a 
                certification pursuant to subparagraph (A) if 
                the President certifies to the Congress that 
                the Government of Bolivia has achieved the 
                eradication targets for the calendar year 1985 
                contained in its 1983 narcotics agreements with 
                the United States.
          (2) For fiscal year 1987, such assistance may not be 
        provided unless the President certifies to the Congress 
        that the Government of Bolivia has developed a plan to 
        eliminate illicit narcotics production countrywide and 
        is prepared to enter into an agreement with the United 
        States to implement that plan. If that certification is 
        made, then--
                  (A) \28\ up to 50 percent of the aggregate 
                amount of such assistance allocated for Bolivia 
                may be provided at any time after the President 
                certifies to the Congress that Bolivia has 
                engaged in narcotics interdiction operations 
                which have significantly disrupted the illicit 
                coca industry in Bolivia or has cooperated with 
                the United States in such operations; and
---------------------------------------------------------------------------
    \28\ Sec. 2012(b) of Public Law 99-570 (100 Stat. 3207) amended 
subparas. (A) and (B) of para. (2), which previously read as follows:
    ``(A) up to 50 percent of the aggregate amount of such assistance 
allocated for Bolivia may be provided at any time after the President 
certifies to the Congress that the Government of Bolivia has achieve at 
least half of the eradication target for the calendar year 1986 agreed 
to by the United States and the Government of Bolivia; and
    ``(B) the remaining amount of such assistance may be provided at 
any time the President certifies to the Congress that the Government of 
Bolivia fully achieved that eradication target.''.
---------------------------------------------------------------------------
                  (B) \28\ the remaining amount of such 
                assistance may be provided at any time after 
                the President certifies to the Congress that 
                Bolivia has either met in calendar year 1986 
                the eradication targets for the calendar year 
                1985 contained in its 1983 narcotics agreements 
                with the United States or has entered into an 
                agreement of cooperation with the United States 
                for implementing that plan for 1987 and beyond 
                (including numerical eradication targets) and 
                is making substantial progress toward the 
                plan's objectives, including substantial 
                eradication of illicit coca crops and effective 
                use of United States assistance.
In the certification required by subparagraph (B), the 
President shall explain why the terms of the 1983 agreement 
provided unattainable and the reasons why a new agreement was 
necessary.

SEC. 612.\26\ ASSISTANCE TO PERU.

    (a) Conditions on Assistance.--United States assistance (as 
defined by section 481(i)(4) of the Foreign Assistance Act of 
1961) may be provided for Peru--
          (1) for fiscal year 1986, only if the President 
        reports to the Congress that the Government of Peru has 
        demonstrated substantial progress in developing a plan 
        that will establish its legal coca requirements, 
        license the number of hectares necessary to produce the 
        legal requirement, and eliminate illicit and unlicensed 
        coca production; and
          (2) for fiscal year 1987, only if the President 
        reports to the Congress that the Government of Peru has 
        developed such a plan and is implementing it.
    (b) Upper Huallaga Valley Project.--Funds authorized to be 
appropriated for fiscal year 1987 to carry out chapter 1 of 
part I of the Foreign Assistance Act of 1961 (relating to 
development assistance) may be made available for the project 
of the Agency for International Development in the Upper 
Huallaga Valley of Peru only if the Administrator of that 
Agency, after consultation with the Congress, determines that a 
comprehensive review of that project has been completed which 
establishes the effectiveness of that project in reducing and 
eradicating coca leaf production, distribution, and marketing 
in the Upper Huallaga Valley. The assistance for Peru described 
in this subsection may be provided only if the report required 
by subsection (a)(2) has been submitted to the Congress.

SEC. 613. REALLOCATION OF FUNDS IF CONDITIONS NOT MET.

    If any of the assistance described in section 611 is not 
provided for Bolivia because the conditions specified in that 
section are not met, or if any of the assistance described in 
section 612(a) is not provided for Peru because the conditions 
specified in that section are not met, the President shall 
reprogram such assistance in order to provide additional 
assistance to countries which have taken significant steps to 
halt illicit drug production or trafficking.
          * * * * * * *

SEC. 615. LATIN AMERICAN REGIONAL NARCOTICS CONTROL ORGANIZATION.

    (a) Feasibility Study.--The Secretary of State, with the 
assistance of the National Drug Enforcement Policy Board, shall 
conduct a study of the feasibility of establishing a regional 
organization in Latin America which would combat narcotics 
production and trafficking through regional information-sharing 
and a regional enforcement unit.
    (b) Report.--No later than six months after the date of 
enactment of this Act, a report on the advisability of 
encouraging the establishment of such an organization shall be 
submitted to the Committee on Foreign Affairs and the Committee 
on the Judiciary of the House of Representatives and the 
Committee on Foreign Relations and the Committee on the 
Judiciary of the Senate.

SEC. 616. GREATER EFFORT BY UNITED STATES ARMED FORCES TO SUPPORT 
                    NARCOTICS CONTROL EFFORTS ABROAD.

    No later than 60 days after the date of enactment of this 
Act, the President shall report to the Congress on why the 
United States Armed Forces should not exert greater effort in 
facilitating and supporting interception of narcotics 
traffickers, and in gathering narcotics-related intelligence, 
outside the United States.

SEC. 617. CUBAN DRUG TRAFFICKING.

    (a) Findings.--The Congress finds that--
          (1) the subject of the flow, use, and control of 
        narcotic and psychotropic substances is a matter of 
        great international importance;
          (2) the problem of drug abuse and drug trafficking 
        continues to worsen throughout most parts of the world;
          (3) the concerns of the governments of many countries 
        have become manifest in several bilateral and 
        multilateral narcotics control projects;
          (4) United Nations agencies monitor and apply 
        controls on the flow and use of drugs and coordinate 
        multilateral efforts to control production, 
        trafficking, and abuse of drugs;
          (5) the United Nations Fund for Drug Abuse Control 
        funds narcotics projects throughout the world and has 
        been a vehicle since 1971 for multilateral 
        implementation of narcotics control and reduction 
        programs;
          (6) the International Narcotics Control Board is 
        charged with monitoring compliance with the Single 
        Convention on Narcotic Drugs, 1961, and the Convention 
        on Psychotropic Substances, and Cuba is a party to both 
        Conventions;
          (7) the United Nations Commission on Narcotic Drugs 
        is responsible for formulating policies, coordinating 
        activities, supervising the implementation of 
        international conventions, and making recommendations 
        to governments for international drug control;
          (8) the promotion of drug abuse and participation in 
        drug trafficking is universally considered egregious 
        criminal behavior wherever it occurs, whether it occurs 
        locally, nationally, or internationally;
          (9) a Federal grand jury of the United States has 
        indicted four prominent Cuban officials on charges of 
        conspiring to smuggle drugs into the United States;
          (10) United States Government officials have 
        testified at several congressional hearings that the 
        Government of Cuba is facilitating the flow of illicit 
        drugs into the United States in order to obtain hard 
        currency, support guerrilla/terrorist activities, and 
        undermine United States society; and
          (11) such alleged conduct on the part of the 
        Government of Cuba would be injurious to the world 
        community and counter to the general principle of 
        international law that no country has the right to use 
        or permit the use of its territory in such a manner as 
        to injure another country or persons therein.
    (b) Recommended Actions.--It is the sense of the Congress 
that the President should--
          (1) acting through the Permanent Representative of 
        the United States to the United Nations, take such 
        steps as may be necessary to place the question of the 
        involvement by the Government of Cuba in illicit drug 
        trafficking on the agenda of the United Nations;
          (2) acting through the Representative of the United 
        States to the Organization of American States, request 
        the Organization of American States to consider this 
        question as soon as possible; and
          (3) request other appropriate international 
        organizations and international forums to consider this 
        question.
    (c) Report.--The President shall report to the Congress on 
the actions taken pursuant to this section.
          * * * * * * *

SEC. 619.\29\ DRUG TRAFFICKING AND THE PROBLEM OF TOTAL CONFIDENTIALITY 
                    OF CERTAIN FOREIGN BANK ACCOUNTS.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \29\ 22 U.S.C. 2291 note.
---------------------------------------------------------------------------
          (1) several banks in Latin America and the Caribbean 
        are used by narcotics traffickers as depositories for 
        money obtained in providing illicit drugs to the United 
        States and other countries of the region;
          (2) offshore banks which provide total 
        confidentiality provide a service which materially 
        assists the operations of illicit drug traffickers; and
          (3) cooperation in gaining access to the bank 
        accounts of such narcotics traffickers would materially 
        assist United States authorities in controlling the 
        activities of such traffickers.
    (b) Policy.--The Congress--
          (1) requests the President to negotiate treaties or 
        appropriate international agreements with all countries 
        providing confidential banking services (giving high 
        priority to countries in the Caribbean region) to 
        provide disclosure to the United States Government of 
        information contained in official records, and in 
        records of bank accounts, concerning persons under 
        investigation for violations of United States law, in 
        particular those regarding international drug 
        trafficking;
          (2) directs the President to include reports on the 
        results of such efforts in the annual International 
        Narcotics Control Strategy Report; and
          (3) reaffirms its intention to obtain maximum 
        cooperation on the part of all governments for the 
        purpose of halting international drug trafficking, and 
        constantly to evaluate the cooperation of those 
        governments receiving assistance from the United 
        States.

                     TITLE VII--WESTERN HEMISPHERE

          * * * * * * *

SEC. 702.\30\ EL SALVADOR.

    (a) Support for El Salvador.--(1) The Congress finds that--
---------------------------------------------------------------------------
    \30\ The Foreign Assistance and Related Programs Appropriations 
Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat. 3341-232), 
provided the following:
    ``Sec. 537. None of the funds available in this Act may be used to 
make available to El Salvador any helicopters or other aircraft, and 
licenses may not be issued under section 38 of the Arms Export Control 
Act for the export to El Salvador of any such aircraft, unless the 
Committee on Appropriations of the House of Representatives and the 
Committee on Appropriations of the Senate are notified at least fifteen 
days in advance in accordance with the procedures applicable to 
notifications.
---------------------------------------------------------------------------

* * * * * * *
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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.
---------------------------------------------------------------------------
    \32\ Should read ``Godoy''.
---------------------------------------------------------------------------
    (2) It is the sense of the Congress that--
          (A) human rights groups in Guatemala, particularly 
        the Group for Mutual Support, should be allowed to 
        carry out their work against human rights abuses with 
        the full cooperation, protection, and support of the 
        Government of Guatemala; and
          (B) whether the Government of Guatemala allows human 
        rights groups, including the Group for Mutual Support, 
        to carry out their work should be taken into account by 
        the United States in determining whether there is human 
        rights progress in Guatemala.

SEC. 704. REFUGEES IN HONDURAS.

    Funds authorized to be appropriated by this Act and funds 
authorized to be appropriated for the ``Migration and Refugee 
Assistance'' account for fiscal years 1986 and 1987--
          (1) which are to be used for refugee assistance or 
        other assistance for Nicaraguan Indian refugees in 
        Honduras shall be channeled, to the maximum extent 
        possible, through the United Nations High Commissioner 
        for Refugees, the International Committee of the Red 
        Cross, the Intergovernmental Committee for Migration, 
        or other established and recognized international 
        refugee relief organizations; and
          (2) may not be used to facilitate the involuntary 
        repatriation of Salvadoran refugees who are in 
        Honduras.

SEC. 705. PROMOTING THE DEVELOPMENT OF THE HAITIAN PEOPLE AND PROVIDING 
                    FOR ORDERLY EMIGRATION FROM HAITI.\33\

    (a) Use of PVOs.--To the maximum extent practicable, 
assistance for Haiti under chapter 1 of part I (relating to 
development assistance) and under chapter 4 of part II 
(relating to the economic support fund) of the Foreign 
Assistance Act of 1961 should be provided through private and 
voluntary organizations.
---------------------------------------------------------------------------
    \33\ Title I, chapter V of the Urgent Supplemental Appropriations 
Act, 1986 (Public Law 99-349; 100 Stat. 726), provided:
---------------------------------------------------------------------------

``assistance for haiti
---------------------------------------------------------------------------

    ``Of the funds made available in title II of the Foreign Assistance 
and Related Programs Appropriations Act, 1986 (as enacted in Public Law 
99-190), subject to the notification process of the Committees on 
Appropriations, up to $21,700,000 shall be made available for 
assistance to Haiti. Of this amount, $1,700,000, or the equivalent 
amount in local currencies, may be transferred to the Inter-American 
Foundation for use by the Foundation for programs for Haiti. The 
assistance made available pursuant to this paragraph shall be used to 
promote the transition to democracy by means such as generating local 
currency for use for literacy projects, rural development, and job 
creation. The assistance provided for Haiti pursuant to this paragraph 
shall be in addition to the assistance previously allocated for Haiti.
    ``It is the sense of the Congress that the United States Government 
should cooperate with the Government of Haiti in recovering for the 
Haitian people the wealth that was illegally obtained by former 
president Jean-Claude Duvalier and his former government ministers and 
associates through diversions of funds and property, regardless of 
whether that wealth is located in the United States or abroad.
    ``Notwithstanding any limitations on assistance to Haiti contained 
in Public Law 98-473 or Public Law 99-83, funds in the amount of 
$750,000 previously appropriated for the purposes of chapter 2 of part 
II of the Foreign Assistance Act of 1961, as amended, may be made 
available for Haiti to carry out such purposes: Provided, That none of 
the funds made available pursuant to this paragraph may be made 
available for obligation unless the Appropriations Committees of both 
Houses of Congress are previously notified fifteen days in advance: 
Provided further, That the funds provided under this paragraph shall be 
made available only to provide nonlethal military assistance for 
Haiti.''.
---------------------------------------------------------------------------
    (b) Conditions on Assistance.--Funds available for fiscal 
year 1986 and for fiscal year 1987 to carry out chapter 1 of 
part I (relating to development assistance), chapter 4 of part 
II (relating to the economic support fund), or chapter 5 of 
part II (relating to international military education and 
training) of the Foreign Assistance Act of 1961 may be 
obligated for Haiti only if the President determines that the 
Government of Haiti--
          (1) is continuing to cooperate with the United States 
        in halting illegal emigration to the United States from 
        Haiti;
          (2) is cooperating fully in implementing United 
        States development, food, and other economic assistance 
        programs in Haiti (including programs for prior fiscal 
        years); and
          (3) is making progress toward improving the human 
        rights situation in Haiti and progress toward 
        implementing political reforms which are essential to 
        the development of democracy in Haiti, such as progress 
        toward the establishment of political parties, free 
        elections, free labor unions, and freedom of the press.
    (c) \34\ * * * [Repealed--1998]
---------------------------------------------------------------------------
    \34\ Sec. 2219(a)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (division G, subdivision B of Public Law 
105-277; 112 Stat. 2681), repealed subsec. (c), which had read as 
follows:
    ``(c) Reports to the Congress.--Not later than one year after the 
date of the enactment of this Act and one year thereafter, the 
President shall report to the Congress on the extent to which the 
actions of the Government of Haiti are consistent with each paragraph 
of subsection (b).''.
---------------------------------------------------------------------------
    (d) Assistance in Halting Illegal Emigration From Haiti.--
Notwithstanding the limitations of section 660 of the Foreign 
Assistance Act of 1961 (relating to police training), funds 
made available under such Act may be used for programs with 
Haiti, which shall be consistent with prevailing United States 
refugee policies, to assist in halting significant illegal 
emigration from Haiti to the United States.
    (e) Limitation on MAP and FMS Financing.--Assistance may 
not be provided for Haiti for fiscal year 1986 or fiscal year 
1987 under chapter 2 of part II of the Foreign Assistance Act 
of 1961 (relating to grant military assistance) or under the 
Arms Export Control Act (relating to foreign military sales 
financing), except for necessary transportation, maintenance, 
communications, and related articles and services to enable the 
continuation of migrant and narcotics interdiction operations.
    (f) Literacy and Other Education Programs.--Of the amounts 
authorized to be appropriated to carry out chapter 1 of part I 
of the Foreign Assistance Act of 1961 (relating to development 
assistance) which are allocated for Haiti, $1,000,000 for 
fiscal year 1986 and $1,000,000 for fiscal year 1987 shall be 
available only for literacy and other education programs in 
Haiti.

SEC. 706. MILITARY ASSISTANCE FOR PARAGUAY.

    For the fiscal years 1986 and 1987, none of the funds 
authorized to be appropriated to carry out chapter 2 of part II 
of the Foreign Assistance Act of 1961 (relating to grant 
military assistance) or to carry out the Arms Export Control 
Act (relating to foreign military sales financing) may be used 
for assistance for Paraguay unless the President certifies to 
the Congress that the Government of Paraguay has ended the 
practice of torture and abuse of individuals held in detention 
by its military and security forces and has instituted 
procedures to ensure that those arrested promptly charged and 
brought to trial.

SEC. 707. ASSISTANCE FOR PERU.\35\

    (a) Human Rights Training in IMET Programs.--Respect for 
internationally recognized human rights shall be an important 
component of the training provided for Peru under chapter 5 of 
part II of the Foreign Assistance Act of 1961 for fiscal year 
1986 and for fiscal year 1987.
---------------------------------------------------------------------------
    \35\ See also sec. 612 of this Act.
---------------------------------------------------------------------------
    (b) Strengthening the Peruvian Judicial System.--Of the 
amount authorized to be appropriated by this Act to carry out 
chapter 4 of part II of the Foreign Assistance Act of 1961 
(relating to the economic support fund), $1,000,000 for fiscal 
year 1986 and $1,000,000 for fiscal year 1987 shall be used to 
strengthen the judicial system in Peru under section 534 of the 
Foreign Assistance Act of 1961 (relating to administration of 
justice).
          * * * * * * *

SEC. 709. COMPREHENSIVE REPORTS ON ASSISTANCE FOR LATIN AMERICA AND THE 
                    CARIBBEAN.

    (a) Requirement for Comprehensive Accounting of 
Assistance.--In the annual reports required by section 634 of 
the Foreign Assistance Act of 1961, the President shall provide 
to the Congress a full, complete, and detailed accounting of 
all assistance provided during the fiscal years 1986 and 1987 
for Latin America and the Caribbean under the Foreign 
Assistance Act of 1961 and the Arms Export Control Act.
    (b) Information To Be Included.--The report provided 
pursuant to subsection (a) shall include for each fiscal year, 
among other things, the following with respect to each 
authorization account:
          (1) The specific projects and other activities 
        carried out in each country.
          (2) The number of persons from each country who were 
        provided with training, and the types of training 
        provided.
          (3) The defense articles and defense services 
        provided for each country.
          (4) The types of goods and commodities provided to 
        each country for economic stabilization purposes under 
        chapter 4 of part II of the Foreign Assistance Act of 
        1961 (relating to the economic support fund), and a 
        copy of each agreement for the furnishing of any 
        assistance under that chapter.
          (5) The amounts of local currency generated by United 
        States assistance to each country, the uses of those 
        currencies, and the total amount of those currencies 
        still available for use as of the time of the report.
          (6) A report on any transfers or reprogrammings of 
        funds, and a description of how transferred or 
        reprogrammed funds modified the amounts requested for 
        each account.
          (7) A report on the funds which have been obligated 
        but remain unexpended for each country in each account.
          (8) An analysis of the amount of funds and programs 
        provided through nongovernmental as contrasted to 
        governmental channels.

SEC. 710. USE OF PRIVATE AND VOLUNTARY ORGANIZATIONS.

    To the maximum extent practicable, assistance under chapter 
1 of part I (relating to development assistance) and chapter 4 
of part II (relating to the economic support fund) of the 
Foreign Assistance Act of 1961 for countries in Latin America 
and the Caribbean should be provided through private and 
voluntary organizations which have a proven record of 
development assistance efforts overseas.
          * * * * * * *

SEC. 713. USE OF EMPLOYEE STOCK OWNERSHIP PLANS IN DEVELOPMENT EFFORTS.

    (a) Findings.--The Congress declares that--
          (1) employee stock ownership plans in industrial, 
        farming, banking, and other enterprises in Central 
        America and the Caribbean can be an important component 
        in achieving United States goals in Central America and 
        the Caribbean; and
          (2) employee stock ownership plans should be used as 
        an instrument in financing growth and transfers of 
        equity in the region, in reorganizing state-owned 
        enterprises into viable employee-owned businesses, in 
        expanding political and economic pluralism, and in 
        strengthening democratic institutions in the region.
    (b) Plan for Expanded Use of ESOPs.--The President is urged 
to develop a plan for the expanded use of employee stock 
ownership plans in development efforts of the United States in 
Central America and the Caribbean, with an emphasis on policy 
and infra-structural changes needed to encourage voluntary 
employee stock ownership initiatives by multinational 
corporations and other private sector enterprises which have 
investments, are considering making new investments, or are 
interested in management contracts and joint ventures in the 
region.
    (c) Task Force.--To assist in this effort, there is 
established a Presidential Task Force on Project Economic 
Justice (hereafter in this section referred to as the ``Task 
Force''), which shall consist of individuals appointed by the 
President who are distinguished leaders of the private sector 
of the United States, including significant representation of 
union representatives of workers in successful companies with 
employee stock ownership plans and of nationally recognized 
experts in all phases of design, implementation, and operation 
of employee stock ownership plans. The President shall 
designate one of the members of the Task Force to serve as 
Chairman. The Chairman of the Task Force shall appoint a 
volunteer fund-raising committee, and all the expenses of the 
Task Force shall be paid without the use of public funds.
    (d) Report.--Not later than December 31, 1985, the Task 
Force shall prepare and transmit to the President and the 
Congress a report on the expanded use of employee stock 
ownership plans in the development efforts of the United States 
in Central America and the Caribbean, including specific 
recommendations on strategies for using employee stock 
ownership plans as a means of accelerating the rate of private 
sector capital formation in Central America and the Caribbean 
that is systematically linked to expanding ownership and 
profit-sharing opportunities for all employees.

SEC. 714. INTERNATIONAL ADVISORY COMMISSION FOR THE CARIBBEAN REGION.

    (a) Findings.--The Congress finds that--
          (1) many of the social, agricultural, educational, 
        and economic problems which confront nations in the 
        Caribbean Region result primarily from social and 
        economic injustice and inadequate economic and 
        agricultural development;
          (2) such problems are not addressed sufficiently by 
        current United States policies toward that region;
          (3) the development of the Caribbean Region is of 
        vital importance to the economic and strategic 
        interests of the United States and its allies; and
          (4) for purposes of defining development plans, 
        providing an international forum for Caribbean Region 
        development issues, and providing expert advice to 
        donor-aid countries, an international commission is 
        needed as the prime institution for promoting economic 
        cooperation and development in the Caribbean Region.
    (b) Invitations to Participate in Commission.--
          (1) Invitation to caribbean countries.--The President 
        may invite the countries which comprise the Caribbean 
        Region to participate with the United States in a 
        commission to be known as the International Advisory 
        Commission for the Caribbean Region (hereafter in this 
        section referred to as the ``Commission'').
          (2) Invitation to certain other countries.--The 
        President may also invite the Netherlands, the United 
        Kingdom, France, Canada, the Commonwealth of Puerto 
        Rico, and the Virgin Islands to participate in the 
        Commission.
    (c) Functions of Commission.--It is the sense of the 
Congress that the Commission should--
          (1) examine social, agricultural, educational, and 
        economic issues which affect the Caribbean Region; and
          (2) consult with leaders of the countries in the 
        Caribbean Region and with representatives from public 
        and private organizations involved in matters related 
        to the Caribbean Region in order to evaluate the 
        problems and needs of such countries.
    (d) Funding for Organizational Meeting of Commission.--Of 
the funds authorized to be appropriated to carry out section 
106 of the Foreign Assistance Act of 1961 (relating to 
development assistance for energy, private and voluntary 
organizations, and selected development activities), up to a 
total of $100,000 for fiscal years 1986 and 1987 may be made 
available to--
          (1) pay reasonable administrative expenses associated 
        with the organizational meeting of the Commission; and
          (2) pay reasonable travel and lodging expenses 
        incurred by commissioners from other participant 
        governments incident to their attendance at the 
        organizational meeting of the Commission.
    (e) Request to Congress Relating to United States 
Participation in the Commission.--The President should provide 
cost estimates and request authorization from the Congress in 
order to provide for the participation of the United States in 
the Commission (other than United States participation 
associated with the organizational meeting).
    (f) Appointment of United States Representative and 
Observers.--Upon the creation of the Commission--
          (1) the President should consider appointing one 
        individual as the United States representative to the 
        Commission;
          (2) the Speaker of the House of Representatives 
        should consider appointing two Members of the House, 
        one from each major political party, as observers at 
        the Commission; and
          (3) the majority leader of the Senate should consider 
        appointing two Members of the Senate, one from each 
        major political party, as observers at the Commission.

SEC. 715.\36\ * * *
---------------------------------------------------------------------------

    \36\ Sec. 715 amended sec. 726 of the International Security and 
Development Cooperation Act, 1981 (Public Law 97-113).
---------------------------------------------------------------------------

SEC. 716. RURAL ELECTRIFICATION.

    It is the sense of the Congress that funds appropriated for 
the fiscal years 1986 and 1987 under section 103(a)(2) of the 
Foreign Assistance Act of 1961 (relating to development 
assistance for agriculture, rural development, and nutrition) 
should be used for a comprehensive rural electrification 
program in Central America in order to establish conditions of 
stability and a foundation for economic development.

SEC. 717. FACILITATING INTERNATIONAL COMMERCE THROUGH MEXICO.

    (a) Finding.--Recognizing that increased levels of balanced 
international trade are an essential component in an economic 
development program for the region and that the United States 
has traditionally been the most important trading partner for 
each of the nations of Latin America, it is the sense of the 
Congress that current procedures and laws of the Government of 
Mexico, and practices of its officials, constitute a 
significant impediment to the transit of vehicles carrying the 
commodities of international trade through Mexican territory.
    (b) Negotiations and Cooperative Steps Concerning 
Transit.--As the Government of Mexico has played a valuable 
role in assisting and encouraging the economic and political 
development of the region, and in offering advice to the United 
States as to constructive policies this nation might pursue 
with respect to peace and prosperity in the area, the Secretary 
of State, acting independently or with representatives of other 
Latin America nations, shall initiate negotiations with the 
Government of Mexico aimed at eliminating or reducing those 
impediments to international trade. The agenda for such 
negotiations should include discussions to encourage the 
Government of Mexico to accede to existing international custom 
conventions on international in-transit shipments. Such actions 
are to be taken in concert with the institution by the United 
States, and the nations of the region where the transiting 
shipments originate, of appropriate and cooperative steps to 
make sealed-truck, no-inspection transit administratively 
acceptable to the Government of Mexico and other transited 
countries. Similar bilateral or multilateral negotiations by 
the Secretary of State with nations respecting the same 
international customs conventions is also encouraged.
    (c) Report.--The Secretary of State shall report the status 
of these negotiations to Congress by January 1, 1986.

SEC. 718. CONDEMNING HUMAN RIGHTS VIOLATIONS AND THE SUBVERSION OF 
                    OTHER GOVERNMENTS BY THE GOVERNMENT OF CUBA.

    (a) Condemnation of Certain Action by the Government of 
Cuba.--The Congress condemns--
          (1) the consistent pattern of gross violations of 
        internationally recognized human rights by the Cuban 
        Government, including--
                  (A) cruel, inhumane, and degrading treatment 
                and punishment of prisoners;
                  (B) the suppression of free speech, press, 
                and assembly; and
                  (C) restrictions on religious activity and 
                the freedom to emigrate; and
          (2) the provision by the Cuban government of material 
        aid and personnel support for the purposes of 
        subversion.
    (b) Call Upon the Government of Cuba.--The Congress calls 
upon the Government of Cuba to restore civil liberties and 
cease in the violation of human rights of the Cuban people and 
cease the subversion of other governments through material and 
personnel support.

SEC. 719. REPORTS ON FOREIGN DEBT IN LATIN AMERICA.

    (a) Findings.--The Congress finds that--
          (1) the foreign debt of Latin American countries has 
        soared from $27,000,000,000 in 1970 to over 
        $350,000,000,000 in 1983;
          (2) the foreign debt of Latin American countries is a 
        serious obstacle to their economic progress, threatens 
        their stability, and endangers the democratic processes 
        in those nations;
          (3) the economic and political futures of many of the 
        Latin American countries hang in the balance and depend 
        upon a successful resolution of the foreign debt 
        crisis; and
          (4) the confidence of the American people in the 
        United States system of banking is also involved in a 
        successful resolution of the foreign debt crisis.
    (b) Report.--Not later than January 1, 1986, the Secretary 
of State shall prepare and transmit to the Congress a report 
on--
          (1) the magnitude of the foreign debt crisis in the 
        Western Hemisphere;
          (2) the impact of the foreign debt crisis on the 
        economies of the countries of Latin America;
          (3) the degree to which the national security 
        interests of the United States are implicated in this 
        crisis;
          (4) the steps being taken and the policy being 
        pursued by the United States aimed at dealing with this 
        crisis;
          (5) the degree to which the foreign debt crisis 
        affects the system of banking in the United States; and
          (6) the steps being taken and the policy being 
        pursued by the United States Government aimed at 
        dealing with this crisis.

SEC. 720. ECONOMIC ASSISTANCE FOR URUGUAY.

    Of the amounts authorized to be appropriated to carry out 
chapter 4 of part II of the Foreign Assistance Act of 1961 
(relating to the economic support fund), $15,000,000 for fiscal 
year 1986 and $15,000,000 for fiscal year 1987 shall be 
available only for Uruguay.

SEC. 721. CANADIAN EXPORTS TO THE UNITED STATES.

    (a) Cattle and Hogs.--(1) The Congress finds that--
          (A) livestock prices have been in decline for some 
        time due to excessive supply partially caused by 
        dramatic increases in importation of live cattle and 
        hogs from Canada, which has increased by 1,000 percent 
        in the last decade in the case of hogs alone;
          (B) American livestock producers are suffering from 
        the same general economic crisis affecting all of 
        agriculture, and many will face liquidation or 
        foreclosure in the near future; and
          (C) the disparity between the United States and the 
        Canadian dollar amounts to 32 to 34 percent and results 
        in even further increases in Canadian hogs and cattle 
        being imported into the United States.
    (2) Therefore, it is the sense of the Congress that the 
President should direct appropriate officials of the executive 
branch, including the United States Trade Representative, the 
Secretary of Agriculture, and the Secretary of Commerce, to 
aggressively pursue discussions with the Canadian Government 
directed toward immediate reduction in the Canadian export of 
cattle and hogs to the United States.
    (b) Softwood Timber.--(1) The Congress finds that--
          (A) softwood timber prices have been in decline for 
        some time due to excessive supply partially caused by 
        dramatic increases in importation of processed softwood 
        timber from Canada, which has increased from 18 percent 
        of the United States market in the last two years to 35 
        to 40 percent today;
          (B) American timber producers are suffering from this 
        economic crisis, and the difficulty in acquiring timber 
        from the National Forest System; and
          (C) the disparity between the United States and the 
        Canadian dollar amounts to 32 to 34 percent and results 
        in even further increases in processed softwood timber 
        being imported into the United States.
    (2) Therefore, it is the sense of the Congress that the 
President should direct appropriate officials of the executive 
branch, including the United States Trade Representative, the 
Secretary of Agriculture, and the Secretary of Commerce, to 
aggressively pursue discussions with the Canadian Government 
directed toward immediate reduction in the Canadian export of 
softwood timber to the United States.

SEC. 722. NICARAGUA.

    (a) Settlement of the Conflict.--The Congress--
          (1) strongly supports national reconciliation in 
        Nicaragua and the creation of a framework for 
        negotiating a peaceful settlement to the Nicaraguan 
        conflict; and
          (2) finds that the United States should, in assisting 
        efforts to reach comprehensive and verifiable final 
        agreements based on the Contadora Document of 
        Objectives, encourage the Government of Nicaragua to 
        pursue a dialogue with the armed opposition forces and 
        their political representatives for the purposes of 
        achieving an equitable political settlement of the 
        conflict, including free and fair elections.
    (b) United States Concerns About Nicaraguan Foreign and 
Domestic Policies.--The Congress finds and declares the 
following:
          (1) Despite positive actions by the Congress 
        signaling support for negotiated solutions to conflicts 
        in Central America, there are disturbing trends in 
        Nicaragua's foreign and domestic policies, including--
                  (A) President Daniel Ortega's April 1985 trip 
                to the Soviet Union at a time when the Congress 
                signaled its strong disapproval of increasing 
                Nicaraguan-Soviet ties;
                  (B) the Sandinista government's close 
                military ties with Cuba, the Soviet Union, and 
                its Warsaw Pact allies; the disappointing and 
                insufficient reduction of the number of Cuban 
                advisors in Nicaragua by only 100 out of an 
                approximately 2,500; and the continuing 
                military buildup that Nicaragua's neighbors 
                consider threatening;
                  (C) the Sandinista government's curtailment 
                of individual liberties, political expression, 
                freedom of worship, and the independence of the 
                media;
                  (D) the subordination of military, judicial, 
                and internal security functions to the ruling 
                political party; and
                  (E) the Sandinista government's efforts to 
                export its influence and ideology.
          (2) If Nicaragua does not address the concerns 
        described in paragraph (1), the United States has 
        several options to address this challenge to peace and 
        stability in the region, including political, 
        diplomatic, and trade sanctions. In addition, the 
        United States--
                  (A) should through appropriate regional 
                organizations, such as the Organization of 
                American States, seek to maintain multilateral 
                pressure on Nicaragua to address these 
                concerns; and
                  (B) should, if called upon to do so, give 
                serious consideration to supporting any 
                sanctions adopted by such an organization.
          (3) In assessing whether or not progress is being 
        made in addressing these concerns, the Congress will 
        expect prompt and significant initiatives by the 
        Government of Nicaragua such as--
                  (A) the removal of foreign military advisors 
                from Nicaragua;
                  (B) the end to Sandinista support for 
                insurgencies in other countries in the region, 
                including the cessation of military supplies to 
                the rebel forces fighting the democratically 
                elected government in El Salvador;
                  (C) restoration of individual liberties, 
                political expression, freedom of worship, and 
                the independence of the media; and
                  (D) progress toward international 
                reconciliation and a pluralistic democratic 
                system, including steps to liberalize 
                institutions in order to allow the internal 
                opposition in Nicaragua to become a viable 
                partner in the Nicaraguan political process.
    (c) Resolution of the Conflict in Nicaragua.--
          (1) Basis for policy.--The Congress finds that--
                  (A) the people of Nicaragua are suffering the 
                horrors of a fierce armed conflict that is 
                causing grave hardships and loss of life, has 
                thrown the country into a serious political, 
                social, and economic upheaval, and is of 
                serious concern to the nations of the region 
                and to the United States;
                  (B) this conflict is fundamentally a 
                continuation of efforts of the Nicaraguan 
                people to attain a representative government at 
                peace with its neighbors, efforts which began 
                under the Somoza regime; and
                  (C) the United States recognized these noble 
                aspirations of the Nicaraguan people in the 
                June 23, 1979, resolution of the Seventeenth 
                Meeting of Consultation of Ministers of Foreign 
                Affairs of the Organization of American States, 
                which reads as follows:
``WHEREAS:
          ``The people of Nicaragua are suffering the horrors 
        of a fierce armed conflict that is causing grave 
        hardships and loss of life, and has thrown the country 
        into a serious political, social and economic upheaval;
          ``The inhumane conduct of the dictatorial regime 
        governing the country, as evidenced by the report of 
        the Inter-American Commission on Human Rights, is the 
        fundamental cause of the dramatic situation faced by 
        the Nicaraguan people; and
          ``The spirit of solidarity that guides Hemisphere 
        relations places an unavoidable obligation on the 
        American countries to exert every effort within their 
        power, to put an end to the bloodshed and to avoid the 
        prolongation of this conflict which is disrupting the 
        peace of the Hemisphere;
          ``THE SEVENTEENTH MEETING OF CONSULTATION OF 
        MINISTERS OF FOREIGN AFFAIRS,
``DECLARES:
          ``That the solution of the serious problem is 
        exclusively within the jurisdiction of the people of 
        Nicaragua.
           ``That in the view of the Seventeenth Meeting of 
        Consultation of Ministers of Foreign Affairs this 
        solution should be arrived at on the basis of the 
        following:
                  ``1. Immediate and definitive replacement of 
                the Somoza regime.
                  ``2. Installation in Nicaraguan territory of 
                a democratic government, the composition of 
                which should include the principal 
                representative groups which oppose the Somoza 
                regime and which reflects the free will of the 
                people of Nicaragua.
                  ``3. Guarantee of the respect for human 
                rights of all Nicaraguans without exception.
                  ``4. The holding of free elections as soon as 
                possible, that will lead to the establishment 
                of a truly democratic government that 
                guarantees peace, freedom, and justice.
``RESOLVES:
          ``1. To urge the member states to take steps that are 
        within their reach to facilitate an enduring and 
        peaceful solution of the Nicaraguan problem on the 
        bases set forth above, scrupulously respecting the 
        principle of nonintervention and abstaining from any 
        action that might be in conflict with the above bases 
        or be incompatible with a peaceful and enduring 
        solution to the problem.
          ``2. To commit their efforts to promote humanitarian 
        assistance to the people of Nicaragua and to contribute 
        to the social and economic recovery of the country.
          ``3. To keep the Seventeenth Meeting of Consultation 
        of Ministers of Foreign Affairs open while the present 
        situation continues.''.
          (2) The government of nicaragua.--The Congress 
        further finds that--
                  (A) the Government of National Reconstruction 
                of Nicaragua formally accepted the June 23, 
                1979, resolution as a basis for resolving the 
                Nicaraguan conflict in its ``Plan to Achieve 
                Peace'' which was submitted to the Organization 
                of American States on July 12, 1979;
                  (B) the June 23 1979, resolution and its 
                acceptance by the Government of National 
                Reconstruction of Nicaragua was the formal 
                basis for the removal of the Somoza regime and 
                the installation of the Government of National 
                Reconstruction;
                  (C) the Government of National 
                Reconstruction, now known as the Government of 
                Nicaragua and controlled by the Frente 
                Sandinista (the FSLN), has flagrantly violated 
                the provisions of the June 23, 1979, 
                resolution, the rights of the Nicaraguan 
                people, and the security of the nations in the 
                region, in that it--
                          (i) no longer includes the democratic 
                        members of the Government of National 
                        Reconstruction in the political 
                        process;
                          (ii) is not a government freely 
                        elected under conditions of freedom of 
                        the press, assembly, and organization, 
                        and is not recognized as freely elected 
                        by its neighbors, Costa Rica, Honduras, 
                        and El Salvador;
                          (iii) has taken significant steps 
                        towards establishing a totalitarian 
                        Communist dictatorship, including the 
                        formation of FSLN neighborhood watch 
                        committees and the enactment of laws 
                        that violate human rights and grant 
                        undue executive power;
                          (iv) has committed atrocities against 
                        its citizens as documented in reports 
                        by the Inter-American Commission on 
                        Human Rights of the Organization of 
                        American States;
                          (v) has aligned itself with the 
                        Soviet Union and Soviet allies, 
                        including the German Democratic 
                        Republic, Bulgaria, Libya, and the 
                        Palestine Liberation Organization;
                          (vi) has committed and refuses to 
                        cease aggression in the form of armed 
                        subversion against its neighbors in 
                        violation of the Charter of the United 
                        Nations, the Charter of the 
                        Organization of American States, the 
                        Inter-American Treaty of Reciprocal 
                        Assistance, and the 1965 United Nations 
                        General Assembly Declaration on 
                        Intervention; and
                          (vii) has built up an army beyond the 
                        needs of immediate self-defense, at the 
                        expense of the needs of the Nicaraguan 
                        people and about which the nations of 
                        the region have expressed deepest 
                        concern.
          (3) The nicaraguan democratic opposition.--The 
        Congress further finds that--
                  (A) as a result of these violations, the 
                Government of Nicaragua has lost the support of 
                virtually all independent sectors of Nicaraguan 
                society who initially supported the removal of 
                the Somoza regime (including democratic 
                political parties of the left, center, and 
                right; the leadership of the Church; free 
                unions; and the business, farmer, and 
                professional sectors) and who still seek 
                democracy, reject the rule of the Frente 
                Sandinista, and seek the free elections 
                promised in 1979;
                  (B) the Nicaraguan political opposition has 
                joined with the armed opposition groups in 
                issuing the San Jose Manifesto of March 1, 
                1985, calling for a national dialogue under 
                mediation by the Nicaraguan Bishops Conference 
                to peacefully attain the fulfillment of the 
                Government of Nicaragua's commitments to the 
                Organization of American States, including 
                ``the democratization of Nicaragua, conscious 
                that democracy is the only means to carry out 
                an authentic revolution and secure our national 
                identity and sovereignty'';
                  (C) on June 12, 1985, in San Salvador, El 
                Salvador, the political and armed opposition 
                groups representing the entire democratic 
                political spectrum of Nicaragua formed the 
                United Nicaraguan Opposition and affirmed their 
                ``historical commitment to achieve for 
                Nicaragua the reconciliation of her children, 
                to establish the foundation for democracy and 
                the moral and material reconstruction of the 
                nation''; and
                  (D) the United Nicaraguan Opposition further 
                declared its intention to ``give priority at 
                all times to a political solution which will 
                ease the suffering of our people''.
          (4) Concerns in the region and united states 
        responsibilities.--The Congress further finds that--
                  (A) Nicaragua's neighbors, Costa Rica, El 
                Salvador, and Honduras, have expressed, 
                individually and through the Contadora process, 
                their belief that their peace and freedom is 
                not safe so long as the Government of Nicaragua 
                excludes from power most of Nicaragua's 
                political leadership and is controlled by a 
                small sectarian party, without regard to the 
                will of the majority of Nicaraguans; and
                  (B) the United States, given its role in the 
                installation of the current Government of 
                Nicaragua, has a special responsibility 
                regarding the implementation of the commitments 
                made by that Government in 1979, especially to 
                those who fought against Somoza to bring 
                democracy to Nicaragua with United States 
                support.
          (5) Resolution of the conflict.--The Congress--
                  (A) condemns the Government of Nicaragua for 
                violating its solemn commitments to the 
                Nicaraguan people, the United States, and the 
                Organization of American States;
                  (B) affirms that the Government of Nicaragua 
                will be regarded as having achieved political 
                legitimacy when it fulfills its 1979 commitment 
                to the Organization of American States to 
                implement genuinely democratic elections, under 
                the supervision of the Organization of American 
                States, in which all elements of the Nicaraguan 
                resistance can peacefully participate under 
                conditions recognized as necessary for free 
                elections by international bodies;
                  (C) urges the Government of Nicaragua to 
                enter a national dialogue, as proposed by the 
                Nicaraguan democratic resistance in San Jose, 
                Costa Rica, on March 1, 1985, under mediation 
                by the Nicaraguan Bishops Conference in order 
                to peacefully resolve the current crisis 
                through internationally recognized elections in 
                which all elements of Nicaraguan society can 
                freely participate;
                  (D) supports the Nicaraguan democratic 
                resistance in its efforts to peacefully resolve 
                the Nicaraguan conflict and to achieve the 
                fulfillment of the Government of Nicaragua's 
                solemn commitments to the Nicaraguan people, 
                the United States, and the Organization of 
                American States;
                  (E) supports efforts by the Contadora 
                nations, the Organization of American States, 
                and other appropriate regional organizations to 
                maintain multilateral pressure on Nicaragua to 
                fulfill its commitments; and
                  (F) requests that the Secretary of State 
                transmit the text of this subsection to the 
                Foreign Ministers of the member states of the 
                Organization of American States.
    (d) Prohibition Relating to Military or Paramilitary 
Operations in Nicaragua.--Notwithstanding any other provision 
of law, no funds authorized to be appropriated or otherwise 
made available by this Act (except the funds authorized to be 
appropriated in this section), by the Foreign Assistance Act of 
1961, or by the Arms Export Control Act shall be used to 
provide assistance of any kind, either directly or indirectly, 
to any person or group engaging in an insurgency or other act 
of rebellion against the Government of Nicaragua. The United 
States shall not enter into any arrangement conditioning, 
expressly or impliedly, the provision of assistance under this 
Act or the purchase of defense articles and services under the 
Arms Export Control Act upon the provision of assistance by a 
recipient to persons or groups engaging in an insurgency or 
other act of rebellion against the Government of Nicaragua.
    (e) Limitation on Use of Funds Against Nicaragua.--None of 
the funds authorized to be appropriated in this or any other 
Act can be used to fund directly, or indirectly, activities 
against the Government of Nicaragua which have not been 
authorized by, or pursuant to, law and which would place the 
United States in violation of our obligations under the Charter 
of the Organization of American States, to which the United 
States is a signatory, or under international law as defined by 
treaty commitments agreed to, and ratified by, the Government 
of the United States.
    (f) Food Aid to the Nicaraguan People.--In cooperation with 
Cardinal Miguel Obando y Bravo and private and voluntary 
organizations, the President should explore and promote means 
for providing food aid to the Nicaraguan people through private 
and voluntary organizations and the Catholic Church.
    (g) Humanitarian Assistance for Nicaraguan Democratic 
Resistance.--(1) Effective upon the date of enactment of this 
Act, there are authorized to be appropriated $27,000,000 for 
humanitarian assistance to the Nicaraguan democratic 
resistance. Such assistance shall be provided to such 
department or agency of the United States as the President 
shall designate, except the Central Intelligence Agency or the 
Department of Defense.
    (2) The assistance authorized by this subsection is 
authorized to remain available for obligation until March 31, 
1986.
    (3) One-third of the assistance authorized by this 
subsection shall be available for obligation at any time after 
the appropriation of funds pursuant to such authorization, an 
additional one-third shall be available for obligation upon 
submission of the first report required by subsection (j), and 
the remaining one-third shall be available for obligation upon 
submission of the second such report.
    (4) The President shall establish appropriate procedures to 
ensure that any humanitarian assistance provided by the United 
States Government to the Nicaraguan democratic resistance is 
used only for the intended purpose and is not diverted (through 
barter, exchange, or any other means) for acquisition of 
weapons systems, ammunition, or other equipment, vehicle, or 
material which can be used to inflict serious bodily harm or 
death.
    (5) As used in this subsection, the term ``humanitarian 
assistance'' means the provision of food, clothing, medicine, 
and other humanitarian assistance, and it does not include the 
provision of weapons, weapons systems, ammunition, or other 
equipment, vehicles, or material which can be used to inflict 
serious bodily harm or death.
    (h) Assistance for Implementation of a Contadora 
Agreement.--Effective upon the date of enactment of this Act, 
there are authorized to be appropriated $2,000,000, which are 
authorized to remain available until expended, for payment by 
the Secretary of State for the expenses arising from 
implementation by the Contadora nations (Mexico, Panama, 
Colombia, and Venezuela) of an agreement among the countries of 
Central America based on the Contadora Document of Objectives 
of September 9, 1983, including peacekeeping, verification, and 
monitoring systems.
    (i) Policies With Respect to Nicaragua.--The President is 
hereby urged and requested--
          (1) to pursue vigorously the use of diplomatic and 
        economic measures to resolve the conflict in Nicaragua, 
        including simultaneous negotiations--
                  (A) to implement the Contadora Document of 
                Objectives of September 8, 1983; and
                  (B) to develop, in close consultation and 
                cooperation with other nations, trade and 
                economic measures to complement such policies 
                of the United States and to encourage the 
                Government of Nicaragua to take the necessary 
                steps to resolve the conflict;
          (2) to suspend the economic sanctions imposed by the 
        President on May 1, 1985, and the United States 
        military maneuvers in Honduras and off the coast of 
        Nicaragua, if the Government of Nicaragua agrees--
                  (A) to a cease fire,
                  (B) to open a dialogue with all elements of 
                the opposition, including the Nicaraguan 
                democratic resistance, and
                  (C) to suspend the state of emergency in 
                Nicaragua;
          (3) to call upon the Nicaraguan democratic resistance 
        to remove from their ranks any individuals who have 
        engaged in human rights abuses; and
          (4) to resume bilateral discussions with the 
        Government of Nicaragua with a view to encouraging--
                  (A) a church-mediated dialogue between the 
                Government of Nicaragua and all elements of the 
                opposition, including the Nicaraguan democratic 
                resistance, in support of internal 
                reconciliation as called for by the Contadora 
                Document of Objectives; and
                  (B) a comprehensive, verifiable agreement 
                among the nations of Central America, based on 
                the Contadora Document of Objectives.
    (j) Reports.--The President shall submit a report to the 
Congress 90 days after the date of enactment of this Act, and 
every 90 days thereafter, on any actions taken to carry out 
subsections (g) and (h). Each such report shall include--
          (1) a detailed statement of any progress made in 
        reaching a negotiated settlement referred to in 
        subsection (i)(1), including the willingness of the 
        Nicaraguan democratic resistance and the Government of 
        Nicaragua to negotiate a settlement;
          (2) a detailed accounting of the disbursements made 
        to provide humanitarian assistance with the funds 
        provided pursuant to subsection (g); and
          (3) a discussion of the alleged human rights 
        violations by the Nicaraguan democratic resistance and 
        the Government of Nicaragua, including a statement of 
        the steps taken by the Nicaraguan democratic resistance 
        to comply with the request referred to in subsection 
        (i)(3).
    (k) Submission of Request for Additional Assistance for the 
Central America Peace Process.--If the President determines at 
any time after the enactment of this Act that--
          (1) negotiations based on the Contadora Document of 
        Objectives of September 9, 1983, have produced an 
        agreement, or show promise of producing an agreement, 
        or
          (2) other trade and economic measures will assist in 
        a resolution of the conflict, or to stabilization in 
        the region,
the President may submit to the Congress a request for budget 
and other authority to provide additional assistance for the 
furtherance of the Central America peace process.
    (l) Statement To Be Included.--The President's request 
pursuant to subsection (k) shall include a detailed statement 
as to progress made to resolve the conflict in the region.
    (m) Consultation With the Congress.--In formulating a 
request pursuant to subsection (k), the President shall consult 
with the Congress.
    (n) House Procedures.--(1) The provisions of this 
subsection apply, during the 99th Congress, to the 
consideration in the House of Representatives of a joint 
resolution with respect to the request submitted by the 
President pursuant to subsection (k).
    (2) For purposes of this subsection, the term ``joint 
resolution'' means only a joint resolution introduced within 3 
legislative days after the Congress receives the request 
submitted by the President pursuant to subsection (k)--
          (A) the matter after the resolving clause of which is 
        as follows: ``That the Congress hereby approves the 
        additional authority and assistance for the Central 
        America peace process that the President requested 
        pursuant to the International Security and Development 
        Cooperation Act of 1985, notwithstanding section 10 of 
        Public Law 91672.'';
          (B) which does not have a preamble; and
          (C) the title of which is as follows: ``Joint 
        Resolution relating to Central America pursuant to the 
        International Security and Development Cooperation Act 
        of 1985.''.
    (3) A joint resolution shall, upon introduction, be 
referred to the appropriate committee or committees of the 
House of Representatives.
    (4) If all the committees of the House to which a joint 
resolution has been referred have not reported the same joint 
resolution by the end of 15 legislative days after the first 
joint resolution was introduced, any committee which has not 
reported the first joint resolution introduced shall be 
discharged from further consideration of that joint resolution 
and that joint resolution shall be placed on the appropriate 
calendar of the House.
    (5)(A) At any time after the first joint resolution placed 
on the appropriate calendar has been on that calendar for a 
period of 5 legislative days, it is in order for any Member of 
the House (after consultation with the Speaker as to the most 
appropriate time for the consideration of that joint 
resolution) to move that the House resolve itself into the 
Committee of the Whole House on the State of the Union for the 
consideration of that joint resolution. The motion is highly 
privileged and is in order even though a previous motion to the 
same effect has been disagreed to. All points of order against 
the joint resolution under clauses 2 and 6 of Rule XXI of the 
Rules of the House are waived. If the motion is agreed to, the 
resolution shall remain the unfinished business of the House 
until disposed of. A motion to reconsider the vote by which the 
motion is disagreed to shall not be in order.
    (B) Debate on the joint resolution shall not exceed ten 
hours, which shall be divided equally between a Member favoring 
and a Member opposing the joint resolution. A motion to limit 
debate is in order at any time in the House or in the Committee 
of the Whole and is not debatable.
    (C) An amendment to the joint resolution is not in order.
    (D) At the conclusion of the debate on the joint 
resolution, the Committee of the Whole shall rise and report 
the joint resolution back to the House, and the previous 
question shall be considered as ordered on the joint resolution 
to final passage without intervening motion.
    (6) As used in this subsection, the term ``legislative 
day'' means a day on which the House is in session.
    (o) Senate Procedures.--A joint resolution which is 
introduced in the Senate within 3 calendar days after the day 
on which the Congress receives a Presidential request described 
in subsection (k) and which, if enacted, would grant the 
President the authority to take any or all of the actions 
described in subsection (k) shall be considered in accordance 
with procedures contained in paragraphs (3) through (7) of 
section 8066(c) of the Department of Defense Appropriations 
Act, 1985 (as contained in Public Law 98-473), except that--
          (1) references in such paragraphs to the Committees 
        on Appropriations of the Senate shall be deemed to be 
        references to the appropriate committee or committees 
        of the Senate; and
          (2) amendments to the joint resolution are in order.
    (p) \37\ * * * [Repealed--1987]
---------------------------------------------------------------------------
    \37\ 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--
---------------------------------------------------------------------------

  ``(1) negotiations based on the Contadora Document of Objectives of 
September 9, 1983, have failed to produce an agreement, or

  ``(2) other trade and economic measures have failed to resolve the 
conflict

``the President may submit to the Congress a request for budget and other 
authority to provide additional assistance for the Nicaraguan democratic 
resistance.''.

    (q) Statement To Be Included.--The President's request 
pursuant to subsection (p) shall include a detailed statement 
as to why the negotiations or other measures have failed to 
resolve the conflict in the region.
    (r) Consultation With the Congress.--In formulating a 
request pursuant to subsection (p), the President shall consult 
with the Congress.
    (s) \38\ * * * [Repealed--1987]
---------------------------------------------------------------------------
    \38\ 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)--
---------------------------------------------------------------------------

  ``(A) the matter after the resolving clause of which is as follows: `That 
the Congress hereby approves the additional authority and assistance for 
the Nicaraguan democratic resistance that the President requested pursuant 
to the International Security and Development Cooperation Act of 1985, 
notwithstanding section 10 of Public Law 91672.';

  ``(B) which does not have a preamble; and

  ``(C) the title of which is as follows: `Joint Resolution relating to 
Central America pursuant to the International Security and Development 
Cooperation Act of 1985.'.
---------------------------------------------------------------------------

    ``(3) A joint resolution shall, upon introduction, be referred to 
the appropriate committee or committees of the House of 
Representatives.
    ``(4) If all the committees of the House to which a joint 
resolution has been referred have not reported the same joint 
resolution by the end of 15 legislative days after the first joint 
resolution was introduced, any committee which has not reported the 
first joint resolution introduced shall be discharged from further 
consideration of that joint resolution and that joint resolution shall 
be placed on the appropriate calendar of the House.
    ``(5)(A) At any time after the first joint resolution placed on the 
appropriate calendar has been on that calendar for a period of 5 
legislative days, it is in order for any Member of the House (after 
consultation with the Speaker as to the most appropriate time for the 
consideration of that joint resolution) to move that the House resolve 
itself into the Committee of the Whole House on the State of the Union 
for the consideration of that joint resolution. The motion is highly 
privileged and is in order even though a previous motion to the same 
effect has been disagreed to. All points or order against the joint 
resolution under clauses 2 and 6 of Rule XXI of the Rules of the House 
are waived. If the motion is agreed to, the resolution shall remain the 
unfinished business of the House until disposed of. A motion to 
reconsider the vote by which the motion is disagreed to shall not be in 
order.
    ``(B) Debate on the joint resolution shall not exceed ten hours, 
which shall be divided equally between a Member favoring and a Member 
opposing the joint resolution. A motion to limit debate is in order at 
any time in the House or in the Committee of the Whole and is not 
debatable.
    ``(C) An amendment to the joint resolution is not in order.
    ``(D) At the conclusion of the debate on the joint resolution, the 
Committee of the Whole shall rise and report the joint resolution back 
to the House, and the previous question shall be considered as ordered 
on the joint resolution to final passage without intervening motion.
    ``(6) As used in this subsection, the term `legislative day' means 
a day on which the House is in session.''.
---------------------------------------------------------------------------
    (t) \39\ * * * [Repealed--1987]
---------------------------------------------------------------------------
    \39\ 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--
---------------------------------------------------------------------------

  ``(1) references in such paragraphs to the Committees on Appropriations 
of the Senate shall be deemed to be references to the appropriate committee 
or committees of the Senate; and

  ``(2) amendments to the joint resolution are in order.''.

    (u) Congressional Rulemaking Powers.--Subsections (n), (o), 
(s), and (t) are enacted--
          (1) as exercises of the rulemaking powers of the 
        House of Representatives and Senate, and as such they 
        are deemed a part of the Rules of the House and the 
        Rules of the Senate, respectively, but applicable only 
        with respect to the procedure to be followed in the 
        House and the Senate in the case of joint resolutions 
        under this section, and they supersede other rules only 
        to the extent that they are inconsistent with such 
        rules; and
          (2) with full recognition of the constitutional right 
        of the House and the Senate to change their rules at 
        any time, in the same manner, and to the same extent as 
        in the case of any other rule in the House or Senate, 
        and of the right of the Committee on Rules of the House 
        of Representatives to report a resolution for the 
        consideration of any measure.

                           TITLE VIII--AFRICA

SEC. 801. BALANCE-OF-PAYMENTS SUPPORT FOR COUNTRIES IN AFRICA.

    (a) ESF Commodity Import and Sector Programs.--Agreements 
with countries in Africa which provide for the use of funds 
made available to carry out chapter 4 of part II of the Foreign 
Assistance Act of 1961 for the fiscal years 1986 and 1987 to 
finance imports by those countries (under commodity import 
programs or sector programs) shall require that those imports 
be used to meet long-term development needs in those countries 
in accordance with the following criteria:
          (1) Spare parts and other imports shall be allocated 
        on the basis of evaluations, by the agency primarily 
        responsible for administering part I of that Act, of 
        the ability of likely recipients to use such spare 
        parts and imports in a maximally productive, employment 
        generating, and cost effective way.
          (2) Imports shall be coordinated with investments in 
        accordance with the recipient country's plans for 
        promoting economic development. The agency primarily 
        responsible for administering part I of that Act shall 
        assess such plans to determine whether they will 
        effectively promote economic development.
          (3) Emphasis shall be placed on imports for 
        agricultural activities which will expand agricultural 
        production, particularly activities which expand 
        production for export or production to reduce reliance 
        on imported agricultural products.
          (4) Emphasis shall also be placed on a distribution 
        of imports having a broad development impact in terms 
        of economic sectors and geographic regions.
          (5) In order to maximize the likelihood that the 
        imports financed by the United States under such 
        chapter are in addition to imports which would 
        otherwise occur, consideration shall be given to 
        historical patterns of foreign exchange uses.
          (6)(A) Seventy-five percent of the foreign currencies 
        generated by the sale of such imports by the government 
        of the country shall be deposited in a special account 
        established by that government and, except as provided 
        in subparagraph (B), shall be available only for use in 
        accordance with the agreement for economic development 
        activities which are consistent with the policy 
        directions of section 102 of the Foreign Assistance Act 
        of 1961 and which are the types of activities for which 
        assistance may be provided under sections 103 through 
        106 of that Act.
          (B) The agreement shall require that the government 
        of the country make available to the United States 
        Government such portion of the amount deposited in the 
        special account as may be determined by the President 
        to be necessary for requirements of the United States 
        Government.
    (b) Annual Evaluations.--The agency primarily responsible 
for administering part I of the Foreign Assistance Act of 1961 
shall conduct annual evaluations of the extent to which the 
criteria set forth in this subsection have been met.

SEC. 802.\40\ ECONOMIC SUPPORT ASSISTANCE FOR SOUTHERN AFRICA.

    (a) Funds for Southern Africa Regional Programs.--Of the 
amounts authorized to be appropriated to carry out chapter 4 of 
part II of the Foreign Assistance Act of 1961, not less than 
$30,000,000 for fiscal year 1986 and not less than $30,000,000 
for fiscal year 1987 shall be available only for regional 
programs in southern Africa. Not less than 50 percent of each 
of these amounts shall be allocated to assist sector projects 
supported by the Southern Africa Development Coordination 
Conference (SADCC) to enhance the economic development of the 
nine member states forming this important regional institution, 
especially in the following sectors: transportation, 
agriculture research and training, manpower development, and 
institutional support for the SADCC secretariat.
---------------------------------------------------------------------------
    \40\ Sec. 4(b)(1) of the South African Democratic Transition 
Support Act of 1993 (Public Law 103-149; 107 Stat. 1505) repealed 
subsecs. (c) and (d) of this section. Those subsections stated 
eligibility criteria for funds for South Africa educational training 
programs and for the Human Rights Fund for South Africa through chapter 
4 of part II of the Foreign Assistance Act of 1961 for fiscal years 
1986 and 1987.
---------------------------------------------------------------------------
    (b) Studies Relating to Southern Africa Regional 
Programs.--(1) The administrator of the agency primarily 
responsible for administering part I of the Foreign Assistance 
Act of 1961 shall conduct a study which evaluates--
          (A) the assistance which that agency provides to the 
        Southern Africa Development Coordination Conference and 
        other African regional institutions and economic 
        development organizations, and
          (B) ways to improve such assistance.
    (2) The administrator shall also conduct a study which 
assesses what type of bureaucratic mechanism within that agency 
might be established to coordinate assistance to all African 
regional institutions.
    (3) The administrator shall submit the results of the 
studies conducted pursuant to this subsection to the Congress 
within 3 months after the date of enactment of this Act.

SEC. 803. POLICY TOWARD SOUTH AFRICAN ``HOMELANDS''.

    (a) Findings.--The Congress finds that--
          (1) the sanctity of the family, individual liberty, 
        maximum freedom of choice, ownership of private 
        property, and equal treatment of all citizens, 
        regardless of race, are principles which are fully 
        supported by the American people;
          (2) the forced relocation of blacks by the Government 
        of the Republic of South Africa to designated 
        ``homelands'' divides families, as families are 
        required to remain in the ``homelands'' while fathers 
        seek work in the so-called ``white areas'';
          (3) the forced removal of persons living in so-called 
        ``black spots'' in ``white'' rural areas in South 
        Africa denies them the fundamental right to live and to 
        farm on land they have legally occupied for years, and 
        subjects them to arbitrary arrest and detention when 
        they seek these rights;
          (4) compared to ``white'' South Africa, the 
        designated ``homelands'', which are meant to 
        accommodate the largest South African population group 
        on a fraction of South African territory and were 
        established without the consent of the vast majority of 
        the governed, are characterized by high rates of infant 
        mortality, unemployment, and malnutrition and by a 
        severe shortage of medical services;
          (5) the policy of the Government of the Republic of 
        South Africa denies blacks their rightful claim to full 
        South African citizenship; and
          (6) the recent violence in South Africa must be seen 
        as an inevitable result of the denial of the full 
        rights of citizenship.
    (b) Statement of Policy.--It is the sense of the Congress 
that--
          (1) the policy of separate development and the forced 
        relocation of the people of the Republic of South 
        Africa are inconsistent with fundamental American 
        values and internationally recognized principles of 
        human rights;
          (2) the Government of the United States should 
        continue to regard as citizens of South Africa all 
        persons born within the internationally recognized 
        boundaries of the Republic of South Africa, and not 
        differentiate among these citizens on the basis of the 
        South African Government's claim to have granted 
        independence to various ``homelands'';
          (3) at such times that any ``homeland'' official 
        applies for a visa for travel to the United States, 
        such visa should not be granted unless that official 
        holds a passport which is recognized as valid by the 
        Government of the United States; and
          (4) the Government of the United States should urge 
        that the forced relocation of South African citizens be 
        discontinued and that policies be adopted for all South 
        Africa's citizens which protect the sanctity of the 
        family, individual liberty, maximum freedom of choice, 
        ownership of private property, and equal treatment of 
        all citizens, regardless of race.

SEC. 804. ASSISTANCE FOR ZAIRE.

    (a) Economic Support Assistance.--Funds allocated for 
assistance for Zaire under chapter 4 of part II of the Foreign 
Assistance Act of 1961 for each of the fiscal years 1986 and 
1987 shall be used only for assistance which is provided in 
accordance with the provisions applicable to assistance under 
chapter 1 of part I of the Foreign Assistance Act of 1961. Such 
assistance shall be provided, to the maximum extent 
practicable, through private and voluntary organizations.
    (b) Military Assistance.--For each of the fiscal years 1986 
and 1987--
          (1) the value of assistance provided under chapter 2 
        of part II of the Foreign Assistance Act of 1961 for 
        Zaire may not exceed $7,000,000; and
          (2) financing may not be provided under the Arms 
        Export Control Act of Zaire.

SEC. 805. ASSISTANCE FOR TUNISIA.

    (a) Policy Concerning Security Assistance.--The United 
States provides security assistance to Tunisia in recognition 
of the traditional friendship between the United States and 
Tunisia and our common interests in the region. The provision 
of such assistance is also based on the expectation that 
political stability and development in Tunisia will be best 
advanced through continued growth of democratic institutions.
    (b) Earmarking of MAP and ESF.--For each of the fiscal 
years 1986 and 1987--
          (1) not less than $15,000,000 of the amounts 
        authorized to be appropriated to carry out chapter 2 of 
        part II of the Foreign Assistance Act of 1961, and
          (2) not less than $20,000,000 \41\ of the amounts 
        authorized to be appropriated to carry out chapter 4 of 
        part II of that Act,
---------------------------------------------------------------------------
    \41\ Title III of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1301), appropriated for Foreign Military Sales for fiscal year 1986: 
``not less than $27,000,000 of concessional credits shall be provided 
only for Tunisia.''.
---------------------------------------------------------------------------
shall be available only for Tunisia.

SEC. 806. POLITICAL SETTLEMENT IN SUDAN.

    (a) Findings.--The Congress finds that--
          (1) friendship and mutual interests bind the United 
        States and Sudan; and
          (2) the peace, security, and economic development of 
        Sudan depend in large part on addressing the problems 
        associated with the traditional north-south division in 
        that country through political rather than military 
        means.
    (b) \42\ United States Policy.--It is, therefore, the 
policy of the United States that the provision of security 
assistance to Sudan shall be based on the expectation that the 
Government of Sudan will make progress toward reaching a 
political settlement with all parties to the conflict in the 
south of Sudan.
---------------------------------------------------------------------------
    \42\ Sec. 542 of the Foreign Assistance and Related Programs 
Appropriations Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat. 
3341-236), provided:
    ``None of the funds provided in this Act shall be available for the 
Sudan if the President determines that the Sudan is acting in a manner 
that would endanger the stability of the region, or the Camp David 
peace process.''.
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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]
---------------------------------------------------------------------------

    \43\ Sec. 118 of the Further Continuing Appropriations, 1992 
(Public Law 102-145, as amended), repealed sec. 812, subsecs. (c) and 
(d) of which provided the following:
    ``(c) Prohibition on Imports and Exports.--(1) The President shall 
determine, within 30 days after the date of enactment of this Act, 
whether the Ethiopian regime is conducting a deliberate policy of 
starvation of its people and has not granted fundamental human rights 
to its citizens. The President shall submit that determination, and the 
basis for the determination, to the Congress.
    ``(2) If the President determines that such a policy is being 
conducted and that such rights are not being granted, paragraph (3) 
shall take effect if the Congress enacts a joint resolution approving 
that determination.
    ``(3) If the conditions specified in paragraph (1) and (2) are 
met--
---------------------------------------------------------------------------

  ``(A) goods and services of Ethiopian origin may not be imported into the 
United States; and

  ``(B) except for emergency relief, rehabilitation, and recovery 
assistance, goods, and services of United States origin may not be exported 
(directly or indirectly) to Ethiopia.
---------------------------------------------------------------------------

    ``(d) Prohibition on Economic Assistance.--The President shall 
suspend all forms of economic assistance to the Government of Ethiopia. 
This section shall not be construed to prevent the furnishing of 
international disaster assistance under section 491 of the Foreign 
Assistance Act of 1961 or economic assistance which will directly 
benefit people in accordance with section 116 of that Act.''.
---------------------------------------------------------------------------

SEC. 813. ASSISTANCE FOR THE PEOPLE'S REPUBLIC OF MOZAMBIQUE.

    (a) Economic Assistance.--The funds authorized to be 
appropriated for fiscal years 1986 and 1987 to carry out 
chapter 1 of part I (relating to development assistance) and 
chapter 4 of part II (relating to the economic support fund) of 
the Foreign Assistance Act of 1961 that are allocated for 
bilateral assistance to the People's Republic of Mozambique 
shall be used solely for assistance to the private sector of 
the economy of Mozambique to the maximum extent practicable. To 
the maximum extent practicable, such funds shall be channeled 
to non-governmental entities in Mozambique.
    (b) Military Assistance.--(1) None of the funds authorized 
to be appropriated for fiscal year 1986 or fiscal year 1987 to 
carry out chapter 2 of part II (relating to grant military 
assistance) or chapter 5 of part II (relating to international 
military education and training) of the Foreign Assistance Act 
of 1961 shall be used to provide assistance to the People's 
Republic of Mozambique unless the President makes the 
certification described in paragraph (2) before providing any 
such assistance for that fiscal year.
    (2) The certification required by paragraph (1) is a 
certification by the President to the Speaker of the House of 
Representatives and to the chairman of the Committee on Foreign 
Relations of the Senate that the Government of the People's 
Republic of Mozambique--
          (A) is making a concerted and significant effort to 
        comply with internationally recognized human rights;
          (B) is making continued progress in implementing 
        essential economic and political reforms, including the 
        restoration of private property and respect for the 
        right to engage in free enterprise in all sectors of 
        the economy;
          (C) has implemented a plan by September 30, 1986, to 
        reduce the number of foreign military personnel to no 
        more than 55; and
          (D)(i) in the case of a certification with respect to 
        assistance for fiscal year 1986, is committed to 
        holding free elections at a date no later than 
        September 30, 1986, and to that end has demonstrated 
        its good faith efforts to begin discussions with all 
        major political factions in Mozambique which have 
        declared their willingness to find and implement an 
        equitable political solution to the conflict, with such 
        solution to involve a commitment to--
                  (I) the electoral process with 
                internationally recognized observers; and
                  (II) the elimination of all restrictions on 
                the formation and activities of opposition 
                political parties; and
          (ii) in the case of a certification with respect to 
        assistance for fiscal year 1987, held free elections by 
        September 30, 1986.

                             TITLE IX--ASIA

SEC. 901. THE PHILIPPINES.\44\

    (a) Democracy in the Philippines.--It is the sense of the 
Congress that the United States should encourage the 
revitalization of democracy in the Philippines. To that end, 
the Congress affirms its intention to grant future aid to the 
Philippines according to the determination of the Congress that 
United States security interests are enhanced and sufficient 
progress is made by the Government of the Philippines in--
---------------------------------------------------------------------------
    \44\ Title II of the Foreign Assistance and Related Programs 
Appropriations Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat. 
3341-221), provided:
---------------------------------------------------------------------------

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

    ``That not less than an additional sum of $200,000,000 shall be 
available only for the Philippines: * * *.''
    Title I, Chapter V of the Urgent Supplemental Appropriations Act, 
1986 (Public Law 99-349; 100 Stat. 726), further provided:
---------------------------------------------------------------------------

``Special Assistance to the Philippines

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

    ``For an additional amount for the `Economic Support Fund', 
$100,000,000, to remain available until March 31, 1987: Provided, That 
this amount shall be available only for the Philippines: Provided 
further, That none of these funds may be available for obligation 
unless the Appropriations Committees of both Houses of Congress are 
previously notified fifteen days in advance.
---------------------------------------------------------------------------

``military assistance
---------------------------------------------------------------------------

    ``For an additional amount for `Military Assistance', $50,000,000, 
to remain available until March 31, 1987: Provided, That this amount 
shall be available only for the Philippines: Provided further, That 
none of these funds may be available for obligation unless the 
Appropriations Committees of both Houses of Congress are previously 
notified fifteen days in advance.''.
---------------------------------------------------------------------------
          (1) guaranteeing free, fair, and honest elections in 
        1986 and 1987, or sooner should any such elections 
        occur;
          (2) ensuring the full, fair, and open prosecution of 
        those responsible for the murder of Benigno Aquino, 
        including those involved in the cover-up;
          (3) ensuring freedom of speech and freedom of the 
        press, and unrestricted access to the media on the part 
        of all candidates for public office in the local and 
        provincial elections of 1986 and the Presidential 
        election of 1987;
          (4) establishing the writ of habeas corpus and the 
        termination of the Presidential Detention Action and 
        all other forms of detention without charge or trial;
          (5) releasing all individuals detained or imprisoned 
        for peaceful political activities;
          (6) making substantial progress in terminating 
        extrajudicial killings by the Philippine military and 
        security forces and the prosecution of those 
        responsible for such killings in the past;
          (7) implementing structural economic reforms and a 
        strengthening of the private sector, including 
        elimination of corruption and monopolies; and
          (8) enhancing the professional capability of the 
        Philippine armed forces and security forces (including 
        the Philippine Constabulary and the Civilian House 
        Defense Forces).
    (b) Primary Purpose of United States Assistance.--The 
Congress finds and declares that the primary purpose of United 
States assistance to the Philippines should be to maintain and 
foster friendly relations between the people of the Philippines 
and the people of the United States and to encourage the 
restoration of internal security, both of which goals can be 
best served by the achievement of an open and stable democracy.
    (c) Congressional Oversight.--The Congress, in determining 
future aid levels for the Philippines, will take into account 
not only our military bases agreement with that country, but 
also the extent to which the objectives and goals specified in 
subsections (a) and (b) have been implemented. The Congress may 
defer assistance for the Philippines under both chapter 2 of 
part II of the Foreign Assistance Act of 1961 and the Arms 
Export Control Act if--
          (1) significant progress is not achieved with respect 
        to the objectives and goals specified in subsections 
        (a) and (b), or
          (2) the Congress finds that such assistance is used 
        to violate the internationally recognized human rights 
        of the Filipino people.
    (d) \45\ * * * [Repealed--1986]
---------------------------------------------------------------------------
    \45\ Sec. 556 of the Foreign Assistance and Related Programs 
Appropriations Act (in sec. 101(f) of Public Law 99-591; 100 Stat. 
334), repealed sec. (d). It formerly read as follows:
    ``(d) Amounts of Assistance.--Of the amounts authorized to be 
appropriated for each of the fiscal years 1986 and 1987--
---------------------------------------------------------------------------

  ``(1) to carry out the Arms Export Control Act (relating to foreign 
military sales financing), not more than $20,000,000 may be used for 
assistance for the Philippines;

  ``(2) to carry out chapter 2 of part II of the Foreign Assistance Act of 
1981 (relating to grant military assistance), not more than $50,000,000 may 
be used for assistance for the Philippines; and

  ``(3) to carry out chapter 4 of part II of the Foreign Assistance Act of 
1981 (relating to the economic support fund), $110,000,000 shall be 
available only for the Philippines.''.

    (e) Nonlethal Assistance.--Assistance provided for the 
Philippines for fiscal year 1986 under the Arms Export Control 
Act or under chapter 2, of part II of the Foreign Assistance 
Act of 1961 shall be nonlethal in character.
          * * * * * * *

SEC. 903. DISADVANTAGED CHILDREN IN ASIA.

    (a) * * *
    (b) Additional Steps To Help Amerasian Children.--The 
Congress finds that Amerasian children are currently the object 
of discrimination in the countries in Asia where they now 
reside. Therefore, the President shall report to the Congress 
on the quality of life of these children and on what additional 
steps, such as facilitating adoptions, the United States could 
take to enhance the lives of these children.

SEC. 904.\46\ ASSISTANCE FOR AFGHANISTAN.

    (a) Authorization.--The President may make available funds 
authorized to be appropriated to carry out chapter 4 of part II 
of the Foreign Assistance Act of 1961 (relating to the economic 
support fund) for the provision of food, medicine, or other 
humanitarian assistance to the Afghan people, notwithstanding 
any other provision of law.
---------------------------------------------------------------------------
    \46\ 22 U.S.C. 2374 note.
---------------------------------------------------------------------------
    (b) \47\ Earmarking of Funds.--Each fiscal year, not less 
than $15,000,000 of the aggregate amount of funds available to 
carry out chapter 4 of part II of the Foreign Assistance Act of 
1961 shall be available only for humanitarian assistance to the 
Afghan people pursuant to subsection (a) of this section.
---------------------------------------------------------------------------
    \47\ Sec. 541 of the Foreign Assistance and Related Programs 
Appropriations Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat. 
3341-236), provided:
    ``Not less than $300,000,000 of the aggregate amount of funds 
appropriated by this Act to carry out the provisions of chapter 1 of 
part I of the Foreign Assistance Act of 1961 and chapter 4 of part II 
of that Act, shall be available for the provision of food, medicine, or 
other humanitarian assistance to the Afghan people, notwithstanding any 
other provision of law.''.
---------------------------------------------------------------------------
    (c) Effective Dates.--This section shall take effect on the 
date of enactment of this Act, except that subsection (b) shall 
not apply to fiscal year 1985.

SEC. 905. ASSISTANCE FOR THE CAMBODIAN PEOPLE.

    The President may make available to the noncommunist 
resistance forces in Cambodia up to $5,000,000 for fiscal year 
1986, and up to $5,000,000 for fiscal year 1987, of the funds 
authorized to be appropriated to carry out chapter 2 (relating 
to grant military assistance) or chapter 4 (relating to the 
economic support fund) of part II of the Foreign Assistance Act 
of 1961, notwithstanding any other provision of law.

SEC. 906. PROHIBITION ON CERTAIN ASSISTANCE TO THE KHMER ROUGE.

    (a) Prohibition.--Notwithstanding any other provision of 
law, none of the funds authorized to be appropriated by this 
Act or any other Act may be obligated or expended for the 
purpose or with the effect of promoting, sustaining, or 
augmenting, directly or indirectly, the capacity of the Khmer 
Rouge or any of its members to conduct military of paramilitary 
operations in Cambodia or elsewhere in Indochina.
    (b) Deobligation of Certain Funds.--All funds appropriated 
before the date of enactment of this section which were 
obligated but not expended for activities having the purpose or 
effect described in subsection (a) shall be deobligated and 
shall be deposited in the Treasury of the United States as 
miscellaneous receipts.
    (c) Exception for Humanitarian Assistance.--This section 
shall not be construed as limiting the provision of food, 
medicine, or other humanitarian assistance to the Cambodian 
people.

SEC. 907. POLITICAL SETTLEMENT IN SRI LANKA.

    (a) Findings.--The Congress finds that--
          (1) the Government and people of Sri Lanka and the 
        Government and people of the United States share a 
        common devotion to independence, democracy, and human 
        rights;
          (2) the United States is concerned over the armed 
        clashes between the security forces of the Government 
        of Sri Lanka and some Sri Lankans who seek through 
        violent means, including terrorist attacks, to divide 
        that nation;
          (3) there have been acts of terrorism committed 
        against members of the Sri Lankan security forces, as 
        well as against civilians, and there have been human 
        rights abuses by members of the security forces against 
        civilians, particularly Tamils, despite the efforts of 
        the Government, which the Congress believes must be 
        intensified, to put an end to those abuses;
          (4) the differences and grievances in Sri Lanka 
        cannot be resolved through the use of force; and
          (5) the United States is a proud participant through 
        its economic assistance programs in Sri Lanka's highly 
        regarded development efforts and looks forward to 
        enhanced cooperation and assistance in the context of a 
        political settlement in Sri Lanka leading to the kind 
        of peaceful climate in which additional aid could be 
        effectively utilized.
    (b) Political Settlement.--It is, therefore, the sense of 
the Congress that--
          (1) all parties in Sri Lanka, from all communities in 
        and out of government, should renew their efforts to 
        achieve a joint political settlement which meets the 
        legitimate concerns of all the people of Sri Lanka, 
        while preserving the territorial integrity of Sri 
        Lanka; and
          (2) all parties outside Sri Lanka should do nothing 
        which would impede progress toward such a settlement.

SEC. 908. UNITED STATES POLICY TOWARD THE REPUBLIC OF KOREA.

    (a) Findings.--The Congress finds that--
          (1) the Government of the Republic of Korea has taken 
        several significant and encouraging steps in 
        liberalizing the political system in that country;
          (2) among the steps which have facilitated a more 
        democratic environment are the release of hundreds of 
        student demonstrators, the lifting of a political ban 
        on more than 300 opposition leaders, and the holding of 
        a vigorously contested election for the National 
        Assembly in which the opposition made substantial 
        gains;
          (3) despite these steps, the people of the Republic 
        of Korea, who have become increasingly better educated 
        and prosperous as a result of Korea's extraordinarily 
        rapid economic development, have the desire and the 
        capability to participate more fully and effectively in 
        the government of their own country; and
          (4) while internationally recognized human rights are 
        clearly respected much more in the Republic of Korea 
        than in the Democratic People's Republic of Korea, 
        continued progress toward democratization in the south 
        is in the interests of both the Republic of Korea and 
        the United States, inasmuch as long-term political 
        stability cannot be assured in the absence of further 
        progress towards democratic government.
    (b) United States Policy.--It is the policy of the United 
States to provide assistance to the Republic of Korea in order 
to help that country defend itself against external aggression. 
It is the hope of the United States that the continuing close 
relations between our two countries, including such assistance, 
will encourage the establishment of a genuinely democratic 
system in the Republic of Korea, in which internationally 
recognized human rights, including freedom of the press, 
freedom of association, and freedom of assembly are observed.

               TITLE X--FOOD AND AGRICULTURAL ASSISTANCE

          * * * * * * *

SEC. 1008. LONG-TERM AGRICULTURAL COMMODITY AGREEMENTS WITH FOOD 
                    DEFICIT COUNTRIES.

    As part of the United States foreign assistance program, 
the President should explore the possibility of concluding 
long-term agricultural commodity agreements to help stabilize 
and increase the flow of concessional and commercial foodstuffs 
with food deficit countries. The President shall prepare and 
transmit to the Congress a report on his efforts to achieve 
such long-term agreements by June 1, 1986.

                         TITLE XI--PEACE CORPS

          * * * * * * *

SEC. 1103.\48\ LIMITATION ON LENGTH OF PEACE CORPS EMPLOYMENT. * * *
---------------------------------------------------------------------------

    \48\ For text, see Legislation on Foreign Relations Through 2008, 
vol. I-B.
---------------------------------------------------------------------------

SEC. 1104.\48\ PEACE CORPS NATIONAL ADVISORY COUNCIL.

          * * * * * * *

   TITLE XII--MISCELLANEOUS PROVISIONS RELATING TO FOREIGN ASSISTANCE

          * * * * * * *

SEC. 1205.\49\ REPORTS ON ECONOMIC CONDITIONS IN CERTAIN COUNTRIES.

    (a) External Debt Burden of Certain Countries Receiving 
United States Assistance.--The Congress finds that the 
Governments of Egypt, Israel, Turkey, and Portugal each have an 
enormous external debt burden which may be made more difficult 
by virtue of financing provided for those governments under 
various United States assistance programs.
---------------------------------------------------------------------------
    \49\ 22 U.S.C. 2346 note. Sec. 209(e)(1) of the Admiral James W. 
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 
2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of 
Public Law 106-113; 113 Stat. 1536), exempted the reports required 
pursuant to sec. 1205 from the application of sec. 3003(a)(1) of the 
Federal Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 
31 U.S.C. 1113 note), as amended, which provided that ``each provision 
of law requiring the submittal to Congress (or any committee of the 
Congress) of any annual, semiannual, or other regular periodic report 
specified * * * shall cease to be effective, with respect to that 
requirement, May 15, 2000.''.
---------------------------------------------------------------------------
    (b) Annual Reports on Economic Conditions.--In order to 
assist the Congress in examining United States assistance for 
those countries, the President shall report to the Speaker of 
the House of Representatives and to the chairman of the 
Committee on Foreign Relations of the Senate, not later than 
January 15 of each year, regarding economic conditions 
prevailing in Egypt, Israel, Turkey, and Portugal which may 
affect their respective ability to meet their international 
debt obligations and to stabilize their economies.

SEC. 1206. EGYPTIAN-ISRAELI RELATIONS.

    The Congress notes the recent effort of Egypt to move the 
peace process forward. However, the Congress continues to be 
concerned about the less than normal relations between Egypt 
and Israel. It is the sense of the Congress that all United 
States foreign assistance to Egypt is provided in the 
expectation that the Egyptian Government will continue in its 
efforts to bring peace to the region and that it will continue 
to support and fulfill the provisions of the Camp David Accords 
and the Egyptian-Israeli Peace Treaty.
          * * * * * * *

SEC. 1210. REPORT ON UNITED STATES ASSISTANCE TO COAL EXPORTING 
                    NATIONS.

    Not later then 30 days after the date of enactment of this 
Act, the President shall submit to the appropriate committees 
of the Congress a report describing the status and terms of, 
and containing all other pertinent information relating to, any 
United States Government assistance which is provided to 
foreign nations that produce or export coal for the purpose of 
financing or assisting in the development of coal production, 
transportation, export, or other coal-related activities or 
operations.
          * * * * * * *

                  TITLE XIII--MISCELLANEOUS PROVISIONS

SEC. 1301.\50\ EFFECTIVE DATE.

    Except as otherwise provided in this Act, this Act shall 
take effect on October 1, 1985.
---------------------------------------------------------------------------
    \50\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

SEC. 1302.\51\ CODIFICATION OF POLICY PROHIBITING NEGOTIATIONS WITH THE 
                    PALESTINE LIBERATION ORGANIZATION

    (a) United States Policy.--The United States in 1975 
declared in a memorandum of agreement with Israel, and has 
reaffirmed since, that ``The United States will continue to 
adhere to its present policy with respect to the Palestine 
Liberation Organization, whereby it will not recognize or 
negotiate with the Palestine Liberation Organization so long as 
the Palestine Liberation Organization does not recognize 
Israel's right to exist and does not accept Security Council 
Resolutions 242 and 338.''.
---------------------------------------------------------------------------
    \51\ 22 U.S.C. 2151 note. Sec. 531 of the Foreign Assistance 
Appropriations Act, 1986 (Sec. 101(i) of Public Law 99-190; 99 Stat. 
1307), provided the following:
    ``In reaffirmation of the 1975 memorandum of agreement between the 
United States and Israel, and in accordance with section 1302 of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83), no employee of or individual acting on behalf of the United 
States Government shall recognize or negotiate with the Palestine 
Liberation Organization or representatives thereof, so long as the 
Palestine Liberation Organization does not recognize Israel's right to 
exist, does not accept Security Council Resolutions 242 and 338, and 
does not renounce the use of terrorism.''. Sec. 530 of the Foreign 
Assistance and Related Programs Appropriations Act, 1987 (sec. 101(f) 
of Public Law 99-591; 100 Stat. 3341-231) contained identical language.
    Sec. 527 of the Foreign Assistance and Related Agencies 
Appropriations Act 1987 (see. 101(f) of Public Law 99-591; 100 Stat. 
3341-230) provided:
    ``Notwithstanding any other provision of law or this Act, none of 
the funds provided for ``International organizations and programs'' 
shall be available for the United States proportionate share for any 
programs for the Palestine Liberation Organization, the Southwest 
African Peoples Organization, Libya, Iran, or, at the discretion of the 
President, Communist countries listed in section 620(f) of the Foreign 
Assistance Act of 1961, as amended.''.
---------------------------------------------------------------------------
    (b) Reaffirmation and Codification of Policy.--The United 
States hereby reaffirms that policy. In accordance with that 
policy, no officer or employee of the United States Government 
and no agent or other individual acting on behalf of the United 
States Government shall negotiate with the Palestine Liberation 
Organization or any representatives thereof (except in 
emergency or humanitarian situations) unless and until the 
Palestine Liberation Organization recognizes Israel's right to 
exist, accepts United Nations Security Council Resolutions 242 
and 338 and renounces the use of terrorism, except that no 
funds authorized to be appropriated by this or any other Act 
may be obligated or made available for the conduct of the 
current dialogue on the Middle East process with any 
representative of the Palestine Liberation Organization if the 
President knows and advises the Congress that the 
representative directly participated in the planning or 
execution of a particular terrorist activity which resulted in 
the death or kidnapping of a United States citizen.\52\
---------------------------------------------------------------------------
    \52\ Sec. 108 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 15; approved 
February 16, 1990), added text to this point from ``, except that no 
funds * * *''.
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SEC. 1303.\53\ COMMISSION FOR THE PRESERVATION OF AMERICA'S HERITAGE 
                    ABROAD.

    (a) Purpose.--Because the fabric of a society is 
strengthened by visible reminders of the historical roots of 
the society, it is in the national interest of the United 
States to encourage the preservation and protection of the 
cemeteries, monuments, and historic buildings associated with 
the foreign heritage of United States citizens.
---------------------------------------------------------------------------
    \53\ 16 U.S.C. 469j. The Department of State, Foreign Operations, 
and Related Programs Appropriations Act, 2009 (division H of Public Law 
111-8; 123 Stat. 839), provides the following:
---------------------------------------------------------------------------

``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.''.
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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'').
---------------------------------------------------------------------------
    \55\ 15 U.S.C. 4011 note.
---------------------------------------------------------------------------
    (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\ * * *
---------------------------------------------------------------------------
    \1\ Sec. 101(b)(1) is cited as the ``Foreign Assistance and Related 
Programs Appropriations Act, 1984.''
---------------------------------------------------------------------------
    (2) Section 101(b)(2) of this joint resolution may be cited 
as the ``International Security and Development Assistance 
Authorizations Act of 1983''.

                    authorizations of appropriations

    There is authorized to be appropriated to the President 
$1,315,000,000 for the fiscal year 1984 to carry out section 23 
of the Arms Export Control Act. The total principal amount of 
loans guaranteed under section 24(a) of the Arms Export Control 
Act shall not exceed $4,446,500,000 for the fiscal year 1984.
    There are authorized to be appropriated for the fiscal year 
1984 the following amounts to carry out the following 
provisions of the Foreign Assistance Act of 1961:
          (1) $725,213,000 to carry out section 103.
          (2) $244,600,000 to carry out section 104(b).
          (3) $133,400,000 to carry out section 104(c).
          (4) $121,477,000 to carry out section 105.
          (5) $160,000,000 to carry out section 106.
          (6) $103,000,000 to carry out section 121.
          (7) $30,000,000 to carry out section 214.
          (8) $266,214,000 to carry out chapter 3 of part I.
          (9) $47,000,000 to carry out section 481.
          (10) $25,000,000 to carry out section 491.
          (11) $3,074,000,000 to carry out chapter 4 of part 
        II.
          (12) $639,700,000 to carry out section 503.
          (13) $56,452,000 to carry out chapter 5 of part II.
          (14) $46,200,000 to carry out chapter 6 of part II.
          (15) $22,000,000 to carry out section 661.
          (16) $370,000,000 to carry out section 667.
    There is authorized to be appropriated to the President to 
carry out the African Development Foundation Act $3,000,000 for 
the fiscal year 1984.
    There is authorized to be appropriated to carry out the 
Peace Corps Act $116,000,000 of the fiscal year 1984.
    Section 10 of Public Law 91-672 and section 15(a) of the 
State Department Basic Authorities Act of 1956 shall not apply 
with respect to funds appropriated for ``Migration and Refugee 
Assistance'' or for the Inter-American Foundation by the joint 
resolution of October 1, 1983 (Public Law 98-107), as amended 
by this joint resolution.

                  assistance for israel and egypt \2\

          * * * * * * *

           conditions on military assistance for el salvador

    Not more than 70 percent of the amount available for the 
fiscal year 1984 for military assistance for El Salvador under 
chapters 2 and 5 of part II of the Foreign Assistance Act of 
1961 and under the Arms Export Control Act may be expended 
until--
---------------------------------------------------------------------------
    \2\ This para. amended sec. 31 of the Arms Export Control Act and 
sec. 532 of the Foreign Assistance Act of 1961, to provide 
authorization levels for Israel and Egypt for fiscal year 1984.
---------------------------------------------------------------------------
          (1) Salvadoran authorities have substantially 
        concluded all investigative actions in the case of the 
        National Guardsmen charged with murder in the deaths of 
        the four United States churchwomen in December 1980 
        that were set forth in communications from the 
        Department of State (including the letters dated July 8 
        and September 23, 1983); and
          (2) Salvadoran authorities have brought the accused 
        to trial and have obtained a verdict.
    Not more than 90 percent of the amount made available for 
the fiscal year 1984 for military assistance for El Salvador 
under chapters 2 and 5 of part II of the Foreign Assistance Act 
of 1961 and under the Arms Export Control Act may be expended 
until the President has determined and certified to the 
Congress that--
          (1) the Government of El Salvador has not taken any 
        action which would alter, suspend, or terminate the 
        land reform program for phase I or phase III 
        promulgated under Decree 154 (dated March 5, 1980) or 
        Decree 207 (dated April 28, 1980) in a manner 
        detrimental to the rights of the beneficiaries or the 
        potential beneficiaries under those decrees; and
          (2) the Government of El Salvador continues to make 
        documented progress on implementing the land reform 
        program.

                           minority set-aside

    Except to the extent that the Administrator of the Agency 
for International Development determines otherwise, not less 
than 10 percent of the aggregate of the funds made available 
for the fiscal year 1984 to carry out chapter 1 of part I of 
the Foreign Assistance Act of 1961 shall be made available only 
for activities of economically and socially disadvantaged 
enterprises (within the meaning of section 133(c)(5) of the 
International Development and Food Assistance Act of 1977), 
historically Black colleges and universities, and private and 
voluntary organizations which are controlled by individuals who 
are Black Americans, Hispanic Americans, or Native Americans, 
or who are economically and socially disadvantaged (within the 
meaning of section 133(c)(5) (B) and (C) of the International 
Development and Food Assistance Act of 1977). For purposes of 
this section, economically and socially disadvantaged 
individuals shall be deemed to include women.

                        minority resource center

    None of the funds authorized to be appropriated for the 
fiscal year 1984 to carry out the Foreign Assistance Act of 
1961 may be used to eliminate the Minority Resource Center as a 
separate and distinct entity within the Agency for 
International Development, including implementation of a 
consolidation of the Minority Resource Center with the Office 
of Small and Disadvantaged Business Utilization under section 
133(c)(8) of the International Development and Food Assistance 
Act of 1977.

   promoting the development of the haitian people and providing for 
                     orderly emigration from haiti

    It is the sense of the Congress that for the fiscal year 
1984 up to $24,000,000 of the funds available to carry out 
chapter 1 of part I of the Foreign Assistance Act of 1961, and 
up to $10,000,000 of the funds available to carry out chapter 4 
of part II of such Act, should be made available for 
development assistance for Haiti, subject to the limitation 
contained in the third paragraph of this heading.
    To the maximum extent practicable, assistance for Haiti 
under chapter 1 of part I and under chapter 4 of part II of the 
Foreign Assistance Act of 1961 should be provided through 
private and voluntary organizations.
    Funds available for fiscal year 1984 to carry out chapter 1 
of part I or chapter 2, 4, or 5 of part II of the Foreign 
Assistance Act of 1961 may be obligated for Haiti, and credits 
may be extended and guarantees may be issued under the Arms 
Export Control Act for Haiti, only if the President determines 
that the Government of Haiti--
          (1) is continuing to cooperate with the United States 
        in halting illegal emigration to the United States from 
        Haiti;
          (2) is cooperating fully in implementing United 
        States development, food, and other economic assistance 
        programs in Haiti (including programs for prior fiscal 
        years); and
          (3) is making a concerted and significant effort to 
        improve the human rights situation in Haiti by 
        implementing the political reforms which are essential 
        to the development of democracy in Haiti, including the 
        establishment of political parties, free elections, and 
        freedom of the press.
    Six months after the date of enactment of this section, the 
President shall report to the Congress on the extent to which 
the actions of the Government of Haiti are consistent with each 
numbered provision contained in the third paragraph of this 
heading.
    Notwithstanding the limitations of section 660 of the 
Foreign Assistance Act of 1961, funds made available under such 
Act for the fiscal year 1984 may be used for programs with 
Haiti, which shall be consistent with prevailing United States 
refugee policies, to assist in halting significant illegal 
emigration from Haiti to the United States.

                     private sector revolving fund

    The amendment contained in section 407 of H.R. 2992, as 
reported by the Committee on Foreign Affairs of the House of 
Representatives on May 17, 1983, is hereby enacted.\3\
---------------------------------------------------------------------------
    \3\ This amendment added a new sec. 108 to the Foreign Assistance 
Act of 1961.
---------------------------------------------------------------------------

                    antiterrorism assistance program

    The amendments contained in title II of H.R. 2992, as 
reported by the Committee on Foreign Affairs of the House of 
Representatives on May 17, 1983, are hereby enacted,\4\ except 
that, for purposes of such enactment, section 575 of the 
Foreign Assistance Act of 1961 shall read as follows:
---------------------------------------------------------------------------
    \4\ These amendments added a new chapter 8 to part II of the 
Foreign Assistance Act of 1961.
---------------------------------------------------------------------------
    ``Sec. 575. Appropriations.--There is authorized to be 
appropriated to the President to carry out this chapter 
$5,000,000 for the fiscal year 1984. Amounts appropriated under 
this section are authorized to remain available until 
expended.''.
          * * * * * * *
   (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\ * * *
---------------------------------------------------------------------------
    \1\ Sec. 108(a) amended the Arms Export Control Act by adding a new 
chapter 5 concerning the Special Defense Acquisition Fund.
---------------------------------------------------------------------------
    (b) Section 138 of title 10, United States Code, is amended 
by adding immediately following subsection (f) the following 
new subsection:
    ``(g) The size of the Special Defense Acquisition Fund 
established pursuant to chapter 5 of the Arms Export Control 
Act may not exceed $300,000,000 in fiscal year 1982, may not 
exceed $600,000,000 in fiscal year 1983, and may not exceed 
$900,000,000 in fiscal year 1984 or any fiscal year 
thereafter.''.\2\
---------------------------------------------------------------------------
    \2\ Sec. 1103 of the Department of Defense Authorization Act, 1983 
(Public Law 97-252; 96 Stat. 738), amended subsec. (g) by inserting the 
ceiling figure for fiscal year 1984.
---------------------------------------------------------------------------
          * * * * * * *

                    TITLE II--ECONOMIC SUPPORT FUND

          * * * * * * *

  acquisition of agricultural commodities and related products under 
                       commodity import programs

    Sec. 203.\3\ The Congress directs the President to allocate 
at least 15 percent of the funds which are made available each 
fiscal year under this title for commodity import programs for 
use in financing the purchase of agricultural commodities and 
agricultural related products which are of United States-
origin.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2346 note.
---------------------------------------------------------------------------

                   TITLE III--DEVELOPMENT ASSISTANCE

             agriculture, rural development, and nutrition

    Sec. 301. (a) * * *
    (b)(1) It is the sense of the Congress that the United 
States should strongly support the efforts of developing 
countries to improve infant feeding practices, in particular 
through the promotion of breast feeding. As a demonstration of 
that support, the President is authorized to use up to 
$5,000,000 of the funds made available for the fiscal year 1982 
to carry out the purposes of sections 103 and 104(c) of the 
Foreign Assistance Act of 1961 in order to assist developing 
countries establish or improve programs to encourage improved 
infant feeding practices. In carrying out this paragraph, the 
Agency for International Development should provide funds for 
necessary research to obtain better information on the precise 
nature and magnitude of problems relating to infant feeding 
practices, including the use of infant formula, in developing 
countries.
    (2) The President shall, as part of the congressional 
presentation documentation for the fiscal years 1983 and 1984, 
include information relevant to the implementation of this 
subsection, including--
          (A) a description of actions taken by the Agency for 
        International Development to promote breast feeding and 
        to improve supplemental infant feeding practices in 
        developing countries through funds made available in 
        this subsection and through its regular programs in the 
        fields of health, nutrition, and population activities;
          (B) a summary of the results of studies authorized by 
        this subsection on the nature and magnitude of problems 
        in developing countries related to infant feeding 
        practices; and
          (C) a summary of reports by member countries of the 
        World Health Organization on their actions to implement 
        the International Code of Marketing of Breast Milk 
        Substitutes.
          * * * * * * *

                   TITLE IV--FOOD FOR PEACE PROGRAMS

          * * * * * * *

self-help measures to increase agricultural production; verification of 
                          self-help provisions

    Sec. 403. (a) * * *
    (b) * * *
    (c) \4\ The amendments made by this section shall not be 
effective if the Agriculture and Food Act of 1981 is enacted 
(either before or after the enactment of this Act) and contains 
the same amendments.
---------------------------------------------------------------------------
    \4\ Subsecs. (a) and (b) of sec. 403 contained amendments to Public 
Law 83-480. The Agriculture and Food Act of 1981, referred to in 
subsec. (c) was enacted on December 22, 1981 (Public Law 97-98; 95 
Stat. 1213), and contained the same amendments as sec. 403. The 
amendments made by subsecs. (a) and (b), therefore, did not come into 
force.
---------------------------------------------------------------------------
          * * * * * * *

                   TITLE V--OTHER ASSISTANCE PROGRAMS

          * * * * * * *

                    international narcotics control

    Sec. 502. (a)(1) \5\ * * *
---------------------------------------------------------------------------
    \5\ Para. (1) amended sec. 481(d) of the FA Act of 1961.
---------------------------------------------------------------------------
    (2) \6\ Assistance provided from funds appropriated, before 
the enactment of this Act, to carry out section 481 of the 
Foreign Assistance Act of 1961 may be made available for 
purposes prohibited by subsection (d) of such section as in 
effect immediately before the enactment of this subsection.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2291 note.
---------------------------------------------------------------------------
    (3) \6\ Funds appropriated for the fiscal year 1980 to 
carry out section 481 of the Foreign Assistance Act of 1961 
which were obligated for assistance for the Republic of 
Colombia may be used for purposes other than those set forth in 
section 482(a)(2) of that Act as in effect immediately before 
the enactment of the International Security and Development 
Cooperation Act of 1980.
    (4) \6\ Paragraphs (2) and (3) of this subsection shall 
apply only to the extent provided in advance in an 
appropriations Act. For such purpose, the funds described in 
those paragraphs are authorized to be made available for the 
purposes specified in those paragraphs.
          * * * * * * *

                         TITLE VI--PEACE CORPS

                 establishment as an independent agency

    Sec. 601. (a) \7\ * * *
---------------------------------------------------------------------------
    \7\ Sec. 601(a) amended the Peace Corps Act by adding a new sec. 2A 
providing for the Peace Corps as an independent agency. For text, see 
Legislation on Foreign Relations Through 2008, vol. I-B.
---------------------------------------------------------------------------
    (b) \8\ * * *
---------------------------------------------------------------------------
    \8\ For text of freestanding provisions of sec. 601, see 
Legislation on Foreign Relations Through 2008, vol. I-B.
---------------------------------------------------------------------------
          * * * * * * *

 restoration of certain authorities formerly contained in the foreign 
                              service act

    Sec. 604. (a) \9\ * * *
---------------------------------------------------------------------------
    \9\ Sec. 604(a) amended sec. 10 of the Peace Corps Act by adding 
new subsecs. (i) and (j). For text, see Legislation on Foreign 
Relations Through 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.
---------------------------------------------------------------------------
          * * * * * * *

          emergency humanitarian help for the people of poland

    Sec. 708. (a) The people of Poland, with whom the people of 
the United States have a longstanding friendship, now face 
serious domestic food shortages which will be worsened by 
large-scale loss of their livestock this winter if feed 
supplies do not arrive quickly. Therefore, the President is 
urged, for urgent humanitarian reasons, to use existing 
authorities promptly in order to provide to the people of 
Poland, under as favorable terms as possible, feed grains from 
Commodity Credit Corporation stocks or other appropriate 
commodities.
    (b) For the longer term, the President is encouraged to 
pursue discussions with other Western countries about a 
multilateral effort to help the people of Poland achieve self-
sustaining economic recovery in the years ahead.
    (c) \13\ * * *
---------------------------------------------------------------------------
    \13\ Subsec. (c) amended the Foreign Assistance Act of 1961 by 
adding a new sec. 540 providing $5,000,000 for Poland during fiscal 
year 1982.
---------------------------------------------------------------------------

                    use of certain polish currencies

    Sec. 709. (a) Notwithstanding section 1415 of the 
Supplemental Appropriation Act, 1953, section 508 of the 
General Government Matters, Department of Commerce, and Related 
Agencies Appropriation Act, 1962, or any other provision of 
law, the currencies or credits received by the United States 
from the April 1981 sale and from the October 1981 sale of 
United States Government-held surplus dairy products to Poland 
shall, to such extent as may be provided in advance in an 
appropriation Act, be used by the President in Poland to serve 
United States interests, including use for activities of common 
benefit to the people of the United States and the people of 
Poland, such as joint programs in energy, agriculture, 
education, science, health, and culture, or for humanitarian 
activities.
    (b) Notwithstanding any other provision of law, the 
availability or expenditure of such foreign currencies or 
credits shall not affect or reduce appropriations otherwise 
available for the purposes described in subsection (a).

                   findings regarding global security

    Sec. 710. (a) The Congress finds that the security of the 
United States and other countries is increasingly affected by a 
broad range of global problems including shortages or potential 
shortages of food, oil, water, wood, and other basic mineral 
and natural resources; desperate poverty; sickness; population 
pressures; environmental deterioration, including soil erosion 
and water pollution; and large-scale and destabilizing refugee 
problems.
    (b) The Congress finds that hunger, disease, and extreme 
poverty are among the most critical of these global problems. 
As ever greater numbers of people perceive the disparity 
between their own continuing deprivation and the prosperity of 
others, and judge their predicament to be neither just nor 
inevitable, it becomes increasingly likely that there will be 
unrest and violence with consequent disruption of the flow of 
essential materials, adverse effects on the world economy, 
decreased likelihood of cooperative efforts toward meeting the 
other critical problems threatening national and global 
security, and increased likelihood of confrontation between 
nations which possess nuclear arms.
    (c) Therefore, the Congress finds that the Nation's 
understanding of global and national security must be broad 
enough to include the problems cited in this section, and that 
adequate protection of the security of the United States 
requires effective action on these global problems, and in 
particular on the problems of hunger, disease, and extreme 
poverty.

                      world food security reserves

    Sec. 711. (a) The Congress finds that--
          (1) the Congress recently passed and the President 
        signed into law an Act which provides for establishment 
        of a United States food security reserve of up to four 
        million metric tons of wheat to be used for emergency 
        food assistance;
          (2) the food import needs of developing countries 
        will increase over the next ten years; and
          (3) other grain exporting countries could take 
        additional steps to assure continuity of food 
        assistance during food crisis years.
    (b) The President shall encourage other grain exporting 
countries to establish their own food security reserves or take 
other measures that complement the United States food security 
reserve.
    (c) The President shall report to the Speaker of the House 
of Representatives and the Committee on Foreign Relations of 
the Senate within one year after the enactment of this Act on 
the actions he has taken and the response of other countries to 
these proposals.

       findings and declaration of policy regarding world hunger

    Sec. 712. The Congress, affirming the value of human life, 
finds and declares that the elimination of hunger and its 
causes is of fundamental moral significance and, further, that 
it is in the political, economic, and security interests of the 
United States. Therefore, the Congress declares that the 
elimination of hunger and its causes shall be a primary 
objective of United States relations with the developing 
countries.

          reaffirmation of support for human rights provisions

    Sec. 713. (a) The Congress reaffirms its support for the 
various statutory provisions which have been enacted in order 
to promote internationally recognized human rights.
    (b) It is the sense of the Congress that a strong 
commitment to the defense of human rights should continue to be 
a central feature of United States foreign policy.

                       immigrant visas for taiwan

    Sec. 714.\14\ The approval referred to in the first 
sentence of section 202(b) of the Immigration and Nationality 
Act shall be considered to have been granted with respect to 
Taiwan (China).
---------------------------------------------------------------------------
    \14\ 8 U.S.C. 1152 note.
---------------------------------------------------------------------------

                                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\
---------------------------------------------------------------------------
    \15\ For text, see Legislation on Foreign Relations Through 2005, 
vol. V.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
    (2) To the maximum extent practicable, assistance for Haiti 
for the fiscal year 1982 under chapter 1 of part I of the 
Foreign Assistance Act of 1961 should be provided through 
private and voluntary organizations.
    (b) Funds available for the fiscal year 1982 to carry out 
chapter 1 of part I or chapter 2 or chapter 5 of part II of the 
Foreign Assistance Act of 1961 may be expended for Haiti, and 
credits and guarantees extended for the fiscal year 1982 under 
the Arms Export Control Act may be approved for use for Haiti, 
only if the President determines that the Government of Haiti--
          (1) is cooperating with the United States in halting 
        illegal emigration from Haiti:
          (2) is not aiding, abetting, or otherwise supporting 
        illegal emigration from Haiti;
          (3) has provided assurances that it will cooperate 
        fully in implementing United States development 
        assistance programs in Haiti (including programs for 
        prior fiscal years); and
          (4) is not engaged in a consistent pattern of gross 
        violations of internationally recognized human rights.
    (c) Six months after the date of enactment of this Act, the 
President shall prepare and transmit to the Congress a report 
on the extent to which the actions of the Government of Haiti 
are consistent with paragraphs (1), (2), (3), and (4) of 
subsection (b) of this section.
    (d) Notwithstanding the limitations of section 660 of the 
Foreign Assistance Act of 1961, funds made available under such 
Act for the fiscal year 1982 and for the fiscal year 1983 may 
be used for programs with Haiti to assist in halting 
significant illegal emigration from Haiti to the United States.

              comprehensive analysis of foreign assistance

    Sec. 722. (a) It is the sense of Congress that at a time 
when major retrenchments and reappraisals are being made in 
domestic programs, it is also logical that, while maintaining 
past international commitments, the magnitude and direction of 
future foreign assistance programs should also be reviewed. As 
part of such a review process, the President is requested to 
provide a comprehensive report to the Congress on his approach 
to foreign assistance. Such report shall include an analysis 
and recommendations on the following issues:
          (1) the relationship between foreign assistance and 
        defense expenditures as means of conducting foreign 
        policy;
          (2) the appropriate mix between military and economic 
        assistance;
          (3) the strengths and weaknesses, and appropriate 
        mix, of bilateral and multilateral assistance programs;
          (4) the relevance of the basic human needs approach 
        to current aid policy;
          (5) the performance of other aid donors, and the 
        benefits they derive from their programs;
          (6) criteria for determining the appropriate size and 
        composition of country programs;
          (7) the appropriateness of the current mix of grants 
        and loans, and the possibility of combining them with 
        new or existing guarantee, insurance, and export credit 
        programs;
          (8) specific means to more actively engage the 
        private sector in assistance programs; and
          (9) the usefulness of current functional categories 
        in constructing the development assistance budget.
    (b) The Congress requests that the President provide to the 
Congress a preliminary report by March 31, 1982, and a final 
report by June 30, 1982, with respect to the issues referred to 
in subsection (a).

           external debt burdens of egypt, israel, and turkey

    Sec. 723. The Congress finds that the Governments of Egypt, 
Israel, and Turkey each have an enormous external debt burden 
which may be made more difficult by virtue of financing 
provided for those governments under various United States 
assistance programs. In order to assist the Congress in 
examining United States assistance for these countries, the 
President shall report to the Speaker of the House of 
Representatives and to the chairman of the Committee on Foreign 
Relations of the Senate, not later than one hundred and twenty 
days after the date of enactment of this Act and not later than 
one year after the date of enactment of this Act, regarding 
economic conditions prevailing in Egypt, Israel, and Turkey 
which may affect their respective ability to meet their 
international debt obligations and to stabilize their 
economies. These reports shall also analyze the impact on 
Egypt's economy of Arab sanctions against Egypt.

                               nicaragua

    Sec. 724. (a) In furnishing assistance under this Act to 
the Government of Nicaragua, the President shall take into 
account the extent to which that Government has engaged in 
violations of internationally recognized human rights 
(including the right to organize and operate labor unions free 
from political oppression, the right to freedom of the press, 
and the right to freedom of religion) and shall encourage the 
Government of Nicaragua to respect those rights.
    (b) In furnishing assistance under this Act to the 
Government of Nicaragua, the President shall take into account 
the extent to which that Government has fulfilled its pledge of 
July 1979 to the member states of the Organization of American 
States--
          (1) to establish full respect for human rights in 
        Nicaragua in accordance with the United Nations 
        Universal Declaration of the Rights and Duties of Man 
        and the Charter on Human Rights of the Organization of 
        American States;
          (2) to allow the free movement in Nicaragua of the 
        Inter-American Commission on Human Rights; and
          (3) to establish the framework for free and 
        democratic elections so that the people of Nicaragua 
        may elect their representatives to city councils, to 
        constitutional assembly, and to Nicaragua's highest-
        ranking authorities, with such framework to include, 
        but not be limited to, the full and complete 
        opportunity for political activity of the Nicaraguan 
        people.
    (c) Assistance to the Government of Nicaragua under this 
Act shall be terminated if the President determines and reports 
to the Congress that the Government of Nicaragua cooperates 
with or harbors any international terrorist organization or is 
aiding, abetting, or supporting acts of violence or terrorism 
in other countries, or that Soviet, Cuban, or other foreign 
combat military forces are stationed or situated within the 
borders of Nicaragua and the presence of such forces 
constitutes a threat to the national security of the United 
States or to any Latin American ally of the United States.
    (d) Any agreement between the United States and the 
Government of Nicaragua regarding the use of funds appropriated 
to carry out this Act, which are to be made available in the 
form of loans, shall specifically require that to the maximum 
extent possible such loan funds, and any local currency 
generated in conjunction therewith, shall be used for 
assistance to the private sector. Local currency loan programs 
in Nicaragua shall be monitored and audited in accordance with 
section 624(g) of the Foreign Assistance Act of 1961.
    (e) For each six-month period in which any funds are 
expended under this Act for Nicaragua, the President shall 
submit to the Speaker of the House of Representatives, and the 
chairman of the Committee on Foreign Relations of the Senate, a 
report accounting fully and in itemized detail for the amounts 
obligated and actually expended in Nicaragua.
    Sec. 725.\20\ Assistance and Sales for Argentina. * * * 
[Repealed--1989]
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

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).
---------------------------------------------------------------------------
          (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, * * *''.
---------------------------------------------------------------------------

                       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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          * * * * * * *

                                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.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2764.
---------------------------------------------------------------------------
          * * * * * * *
    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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
          * * * * * * *
    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:
---------------------------------------------------------------------------

``military or paramilitary operations in angola
---------------------------------------------------------------------------

    ``Sec. 118.(a) Notwithstanding any other provision of law, no 
assistance of any kind may be provided for the purpose, or which would 
have the effect, of promoting or augmenting, directly or indirectly, 
the capacity of any nation, group, organization, movement, or 
individual to conduct military or paramilitary operations in Angola 
unless and until--
---------------------------------------------------------------------------

  ``(1) the President determines that such assistance should be furnished 
in the national security interests of the United States;

  ``(2) the President submits to the Committee on Foreign Affairs of the 
House of Representatives and the Committee on Foreign Relations of the 
Senate a report containing--

  ``(A) a description of the amounts and categories of assistance which he 
recommends be furnished and the identity of the proposed recipients of such 
assistance; and

  ``(B) a certification that he has determined that the furnishing of such 
assistance is important to the national security interests of the United 
States and a detailed statement of the reasons supporting such 
determination; and

  ``(3) the Congress enacts a joint resolution approving the furnishing of 
such assistance.
---------------------------------------------------------------------------

    ``(b) If introduced within 30 days after the submission of the 
report required by paragraph (2) of subsection (a), a resolution under 
paragraph (3) of subsection (a) shall be considered in the Senate in 
accordance with the provisions of section 601(b) of the International 
Security Assistance and Arms Export Control Act of 1976 and in the 
House of Representatives in accordance with the procedures applicable 
to the consideration of resolutions of disapproval under section 36(b) 
of the Arms Export Control Act.
    ``(c) The prohibition contained in subsection (a) does not apply 
with respect to assistance which is furnished solely for humanitarian 
purposes.
    ``(d) The provisions of this section may not be waived under any 
other provision of law.
    ``(e) Section 404 of the International Security Assistance and Arms 
Export Control Act of 1976 is repealed.''.
---------------------------------------------------------------------------

            prohibition on military assistance to nicaragua

    Sec. 119.\6\ None of the funds authorized to be 
appropriated by this title shall be made available for any aid 
or assistance to Nicaragua.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

                    TITLE II--ECONOMIC SUPPORT FUND

          * * * * * * *

               TITLE III--DEVELOPMENT ASSISTANCE PROGRAMS

          * * * * * * *

                  assistance to the eastern caribbean

    Sec. 313. (a) The Congress urges the President to use up to 
$7,000,000 for the fiscal year 1981 for bilateral development 
assistance for the countries of the eastern Caribbean.
    (b) \7\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \7\ 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.
---------------------------------------------------------------------------

                    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).
---------------------------------------------------------------------------
          (3) by enacting title IX of chapter 2 of part I of 
        the Foreign Assistance Act of 1961, and recent 
        amendments to that Act, the Congress has sought to 
        enable the poor to participate in the process of 
        development;
          (4) \12\ the Inter-American Foundation, established 
        by Congress in the Foreign Assistance Act of 1969 to 
        support the efforts of the people of Latin America and 
        the Caribbean to solve their development problems, has 
        demonstrated a successful approach to development; and
          (5) \12\ an African Development Foundation similar in 
        structure to the Inter-American Foundation, but adapted 
        to the specific needs of Africa, can complement current 
        United States development programs in Africa.

                             establishment

    Sec. 503.\13\ (a) There is established a body corporate to 
be known as the ``African Development Foundation'' (hereafter 
in this title referred to as the ``Foundation'').
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 290h-1.
---------------------------------------------------------------------------
    (b) The Foundation shall establish a principal office in 
the United States and may establish such branch offices in 
Africa as may be necessary to carry out its functions.

                                purposes

    Sec. 504.\14\ (a) In order to enable the people of African 
countries to develop their potential, fulfill their 
aspirations, and enjoy better, more productive lives the 
purposes of the Foundation shall be--
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 290h-2.
---------------------------------------------------------------------------
          (1) to strengthen the bonds of friendship and 
        understanding between the people of Africa and the 
        United States;
          (2) to support self-help activities at the local 
        level designed to enlarge opportunities for community 
        development;
          (3) to stimulate and assist effective and expanding 
        participation process; and
          (4) to encourage the establishment and growth of 
        development institutions which are indigenous to 
        particular countries in Africa and which can respond to 
        the requirements of the poor in those countries.
    (b) The Foundation shall carry out the purposes specified 
in subsection (a) in cooperation with, and response to, 
organizations indigenous to Africa which are representative of 
the needs and aspirations of the poor in Africa and, in 
carrying out such purposes, the Foundation shall, to the extent 
possible, coordinate its development assistance activities with 
the activities of the United States Government and private, 
regional, and international organizations.

                               functions

    Sec. 505.\15\ (a)(1) In order to carry out the purposes set 
forth in section 504, the Foundation may make grants, loans, 
and loan guarantees to any African private or public group 
(including public international organizations),\16\ 
association, or other entity engaged in peaceful activities 
for--
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 290h-3.
    \16\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 
Stat. 2268-13), added the parenthetical text.
---------------------------------------------------------------------------
          (A) the fostering of local development institutions 
        and the support of development efforts initiated by 
        communities themselves;
          (B) the development of self-evaluation techniques by 
        participants in projects supported under this section, 
        for the purpose of transferring experience gained in 
        such projects to similar development activities;
          (C) development research by Africans and the transfer 
        of development resources, expertise, and knowledge 
        within Africa;
          (D) the procurement of such technical or other 
        assistance as is deemed appropriate by the recipient of 
        such grant, loan, or guarantee, to carry out the 
        purposes of this title; and
          (E) other projects that would carry out the purposes 
        set forth in section 504.
    (2) The total amount of grants, loans and loan guarantees 
that may be made under this section for a project may not 
exceed $250,000.
    (3) The Foundation may disseminate to the American public 
and to United States and multilateral development institutions 
insights gained from African development projects assisted 
under this title.
    (b) In making grants, loans, and loan guarantees under 
subsection (a), the Foundation shall give priority to projects 
which community groups undertake to foster their own 
development and in the initiation, design, implementation, and 
evaluation of which there is the maximum feasible participation 
of the poor. Where appropriate and in keeping with the purposes 
of this title, the Foundation may make such grants, loans, and 
loan guarantees to African entities which are representative 
and knowledgeable of, and sensitive to, the needs and 
aspirations of the poor and which would disburse funds acquired 
under such grants, loans, and loan guarantees to other African 
entities to carry out the purposes of this title.

                                 powers

    Sec. 506.\17\ (a) The Foundation, as a corporation--
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 290h-4.
---------------------------------------------------------------------------
          (1) shall have perpetual succession unless dissolved 
        by an Act of Congress;
          (2) may sue and be sued, complain, and defend, in its 
        corporate name in any court of competent jurisdiction;
          (3) may adopt, alter, and use a seal, which shall be 
        judicially noticed;
          (4) may prescribe, amend, and repeal such rules and 
        regulations as may be necessary for carrying out the 
        functions of the Foundation;
          (5) may make and perform such contracts and other 
        agreements with any individual, corporation, or other 
        private or public entity however designated and 
        wherever situated, as may be necessary for carrying out 
        the functions of the Foundation;
          (6) may determine and prescribe the manner in which 
        its obligations shall be incurred and its expenses 
        allowed and paid, including expenses for representation 
        not exceeding $10,000 in any fiscal year;
          (7) may, as necessary for carrying out the functions 
        of the Foundation, employ and fix the compensation of 
        not to exceed the following number of persons at any 
        one time: 25 during the fiscal year 1981, 50 during the 
        fiscal year 1982, and 75 thereafter;
          (8) may lease, purchase, or otherwise acquire, own, 
        hold, improve, use, or otherwise deal in and with such 
        property (real, personal, or mixed) or any interest 
        therein, wherever situated, as may be necessary for 
        carrying out the functions of the Foundation;
          (9) may accept gifts or donations of services or of 
        property (real, personal, or mixed), tangible or 
        intangible, in furtherance of the purposes of this 
        title;
          (10) may use the United States mails in the same 
        manner and on the same conditions as the executive 
        departments of the Government;
          (11) may, with the consent of any agency of the 
        United States, use the information, services, 
        facilities, and personnel of that agency in carrying 
        out the purposes of this title; and
          (12) shall have such other powers as may be necessary 
        and incident to carrying out this title.
    (b) The Foundation shall be a nonprofit corporation and 
shall have no capital stock. No part of its revenue, earnings, 
or other income or property shall inure to the benefit of any 
of its directors, officers, or employees, and such revenue, 
earnings, or other income or property shall only be used from 
carrying out the purposes of this title. No director, officer, 
or employee of the corporation shall in any manner directly or 
indirectly participate in the deliberation upon or the 
determination of any question affecting his or her personal 
interests or the interests of any corporation, partnership, or 
organization in which he or she is directly or indirectly 
interested.
    (c) The Foundation, including its franchise and income, 
shall be exempt from taxation now or hereafter imposed by the 
United States, by any territory or possession of the United 
States, or by any State, county, municipality, or local taxing 
authority.
    (d) Upon termination of the corporate life of the 
Foundation its assets shall be liquidated and, unless otherwise 
provided by Congress, shall be transferred to the United States 
Treasury as the property of the United States.

                               management

    Sec. 507.\18\ (a)(1) The management of the Foundation shall 
be vested in a board of directors (hereafter in this title 
referred to as the ``Board'') composed of seven members 
appointed by the President, by and with the advice and consent 
of the Senate. The President shall designate one member of the 
Board to serve as Chairperson of the Board and one member to 
serve as Vice Chairperson of the Board. Five members of the 
Board shall be appointed from private life. Two members of the 
Board shall be appointed from among officers and employees of 
agencies of the United States concerned with African affairs. 
All members of the Board shall be appointed on the basis of 
their understanding of and sensitivity to community level 
development processes. Members of the Board shall be appointed 
so that no more than four members of the Board are members of 
any one political party.\19\
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 290h-5.
    \19\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1209), added the last sentence to this section. Title II also 
provided that this amendment ``shall not affect an appointment made to 
the Board prior to the date of enactment of this Act'' [November 21, 
1989].
---------------------------------------------------------------------------
    (2) Members of the Board shall be appointed for terms of 
six years, except that of the members first appointed, as 
designated by the President at the time of their appointment, 
two shall be appointed for terms of two years and two shall be 
appointed for terms of four years. A member of the Board 
appointed to fill a vacancy occurring before the expiration of 
the term for which that member's predecessor was appointed 
shall be appointed only for the remainder of that term. Upon 
the expiration of his or her term a member shall continue to 
serve until a successor is appointed and shall have qualified.
    (b) Members of the Board shall serve without additional 
compensation, but may be reimbursed for actual and necessary 
expenses not exceeding $100 per day, and for transportation 
expenses, while engaged in their duties on behalf of the 
Foundation.
    (c) A majority of the Board shall constitute a quorum.
    (d)(1) The Board of Directors shall appoint a president of 
the Foundation on such terms as the Board may determine. The 
president of the Foundation shall receive compensation at a 
rate not to exceed that provided for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.\20\
---------------------------------------------------------------------------
    \20\ The rate of compensation at level IV of the Executive Schedule 
in 2009 is $153,200 per annum (Executive Order 13483; 73 F.R. 78592; 
December 18, 2008).
---------------------------------------------------------------------------
    (2) Experts and consultants may be employed by the Board as 
authorized by section 3109 of title 5, United States Code.
    (e)(1) The Board shall establish an advisory council to be 
composed of such number of individuals as may be selected by 
the Board from among individuals knowledgeable about 
development activities in Africa. The advisory council may 
include African recipients of grants, loans, or loan guarantees 
under this title.
    (2) The Board shall, at least once each year, consult the 
advisory council concerning the objectives and activities of 
the Foundation.
    (3) Members of the advisory council shall receive no 
compensation for their services but may be allowed travel and 
other expenses in accordance with section 5703 of title 5, 
United States Code, which are incurred by them in the 
performance of their functions under this subsection.

                   government corporation control act

    Sec. 508.\21\ The Foundation shall be subject to title I of 
the Government Corporation Control Act.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 290h-6.
---------------------------------------------------------------------------

                    limitation on spending authority

    Sec. 509.\22\ Any authority provided by this title 
involving the expenditure of funds (other than the funds made 
available pursuant to section 510) shall be effective for a 
fiscal year only to such extent or in such amounts as are 
provided in advance in appropriation Acts.
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 290h-7.
---------------------------------------------------------------------------

                    authorizations of appropriations

    Sec. 510.\23\ There are authorized to be appropriated to 
carry out this title, in addition to amounts otherwise 
available for that purpose, $3,872,000 for fiscal year 1986 and 
$3,872,000 for fiscal year 1987. Funds appropriated under this 
section are authorized to remain available until expended.
---------------------------------------------------------------------------
    \23\ 22 U.S.C. 290h-8. The authorizations for fiscal year 1986 and 
fiscal year 1987 were provided by sec. 510 of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83, 99 
Stat. 264). Authorizations for previous years include: fiscal year 
1982--$2,000,000; fiscal year 1983--$2,000,000; fiscal year 1984--
$3,000,000; fiscal year 1985--no authorization; fiscal years 1988 
through 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:
---------------------------------------------------------------------------

``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), 
$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:
---------------------------------------------------------------------------

``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.''.
---------------------------------------------------------------------------
    Sec. 511.\24\ Expiration of Authorities * * * [Repealed--
1989]
---------------------------------------------------------------------------
    \24\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1209), repealed sec. 511 (22 U.S.C. 290h-9). 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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                  TITLE VII--MISCELLANEOUS PROVISIONS

          * * * * * * *

        interagency group on human rights and foreign assistance

    Sec. 710. It is the sense of the Congress that--
          (1) the Interagency Group on Human Rights and Foreign 
        Assistance has been an effective mechanism for 
        coordinating and implementing United States human 
        rights policies;
          (2) the President should consider establishing the 
        Interagency Group on a more permanent basis;
          (3) the Interagency Group should examine proposals 
        for not only economic assistance but also for security 
        assistance; and
          (4) the President should report his recommendations 
        for strengthening the Interagency Group to the Congress 
        no later than July 1, 1981.

                        peace in the middle east

    Sec. 711.\26\ (a) It is the sense of the Congress that all 
parties to the Arab-Israeli conflict need to reaffirm their 
unequivocal commitment to the peace process in order to achieve 
further progress toward a comprehensive settlement, to 
reinforce the principles of the Camp David accords, and to take 
actions to encourage parties not currently involved in the 
peace process to become active participants in peace efforts.
---------------------------------------------------------------------------
    \26\ 22 U.S.C. 3401 note.
---------------------------------------------------------------------------
    (b) It is further the sense of the Congress that to further 
these goals (1) all parties to the conflict should accept 
Israel's unequivocal right to exist within secure and 
recognized borders; (2) the Governments of Israel and Egypt 
should maintain and strengthen their commitment to the process 
of normalization of relations and continue actions to support 
that commitment; (3) the Governments of Israel and Egypt should 
reaffirm their commitment to United Nations Resolution 242 and 
its applicability, in all its aspects, to territories under 
negotiations; and (4) the governments of countries in the 
Middle East should assure that their policies and actions are 
consistent with the objectives of achieving peace and of 
involving other parties in the peace process.

                         assistance for jordan

    Sec. 712. It is the sense of the Congress that for Jordan 
to receive any funds authorized to be appropriated by this Act, 
it should be judged by the President that Jordan is acting in 
good faith to achieve peace in the Middle East and that the 
expenditure of such funds for Jordan will serve to further 
peace in the Middle East.
    Sec. 713.\27\ External Debt Burdens of Egypt, Israel, 
Portugal, and Turkey * * * [Repealed--1981]
---------------------------------------------------------------------------
    \27\ Sec. 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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------

                             cuban refugees

    Sec. 715. (a) The Congress finds that--
          (1) the flow of refugees for political, economic, or 
        other compelling reasons is a growing and world-wide 
        phenomenon;
          (2) the United States represents freedom of thought 
        and action and economic opportunity and has 
        historically played a major role in providing a home to 
        the refugees of the world;
          (3) an orderly and lawful refugee process is 
        necessary for the furtherance of United States domestic 
        well-being;
          (4) continuation of the traditional compassionate and 
        humanitarian policy of the United States regarding 
        entry to its shores of refugees and other victims of 
        oppression is threatened by the precipitate influx of 
        large numbers of Cubans fleeing their country;
          (5) the United States has sought to negotiate with 
        the Government of Cuba to establish a lawful, safe, and 
        orderly process by which Cubans may be allowed to leave 
        their country; and
          (6) the Cuban refugee crisis is a problem of 
        international concern and other nations should 
        contribute to its resolution.
    (b)(1) The Congress urges the President to take the 
necessary steps to encourage and secure greater international 
cooperation with respect to the large number of Cuban natives 
who have recently fled or are attempting to flee Cuba. Such 
steps should include seeking the agreement of other countries 
to admit some of those persons into their respective countries 
and to contribute funds and other assistance for the 
resettlement of those persons.
    (2) In order to encourage countries throughout the world 
which are recipients of United States bilateral and 
multilateral assistance to permit and to help finance the 
resettlement of Cuban and other refugees within their borders, 
the President shall, to the maximum extent feasible, attempt to 
channel such assistance to countries which have demonstrated a 
willingness to provide assistance to Cuban and other refugees.
    (c) It is the sense of the Congress that, in carrying out 
subsection (b)(1), the President should seek the discussion, in 
an appropriate international forum such as the United Nations 
or the Organization of American States, of the situation 
involving the flight of large numbers of Cuban natives from 
Cuba, of the resettlement of Cuban refugees, and of means by 
which a more orderly process may be established to handle 
future crises of a similar nature.

            incarceration and deportation of certain cubans

    Sec. 716.\29\ The Congress finds that the United States 
Government has already incarcerated recently arrived Cubans who 
are admitted criminals, are security threats, or have incited 
civil disturbances in Federal processing facilities. The 
Congress urges the Executive branch, consistent with United 
States law, to seek the deportation of such individuals.
---------------------------------------------------------------------------
    \29\ 8 U.S.C. 1522 note.
---------------------------------------------------------------------------

  prohibition on assistance to the governments of cuba, vietnam, and 
                                cambodia

    Sec. 717. None of the funds authorized to be appropriated 
by this Act may be used to provide assistance to the 
Governments of Cuba, Vietnam, or Cambodia. Nothing in this 
section shall be construed to prohibit food assistance or 
humanitarian assistance which is distributed directly to the 
people of Cambodia.

  cooperation of other governments in the boycott of the 1980 summer 
                        olympic games in moscow

    Sec. 718. In determining the levels of assistance to be 
provided to a foreign government with funds authorized to be 
appropriated by this Act, the President shall take into account 
the position of that government with respect to the United 
States proposed boycott of the 1980 summer Olympic games in 
Moscow.

                          elections in uganda

    Sec. 719. The President shall encourage the holding of 
free, open elections in Uganda and shall, in considering 
assistance for Uganda with funds authorized to be appropriated 
by this Act, take into account whether such elections are held.
    Sec. 720.\30\ Report to Congress on the Implementation of 
the Lancaster House Declaration of Rights in Zimbabwe * * * 
[Repealed--1981]
---------------------------------------------------------------------------
    \30\ Sec. 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.
---------------------------------------------------------------------------
    Sec. 721.\31\ Restriction on Assistance to El Salvador * * 
* [Repealed--1981]
---------------------------------------------------------------------------
    \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]
---------------------------------------------------------------------------
    \1\ Sec. 734(a)(11) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
subsec. (b), which had required a report from the President regarding 
the stockpiling authorities for the Republic of Korea. The President 
submitted this report to Congress on January 2, 1980.
---------------------------------------------------------------------------
          * * * * * * *

 authorization and aggregate ceiling for foreign military sales credits

    Sec. 17. (a) * * *
    (b) \2\ Of the principal amount of loans guaranteed for the 
fiscal year 1980 under section 24 of the Arms Export Control 
Act--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2271 note.
---------------------------------------------------------------------------
          (1) with respect to Turkey, not to exceed 
        $50,000,000,
          (2) with respect to Greece, not to exceed 
        $42,000,000, and
          (3) with respect to Sudan, not to exceed $25,000,000,
shall be repaid in not less than 20 years, following a grace 
period of 10 years on repayment of principal.
          * * * * * * *

      national disclosure policy for sensitive weapons technology

    Sec. 20. (a) \3\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \3\ Sec. 734(a)(11) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
subsec. (a), which had required a report from the President concerning 
the results of a review of the interagency procedures and disclosure 
criteria used by the U.S. in determining whether sensitive weapons 
technology will be transferred to other countries. The President 
submitted this report to Congress on March 25, 1980.
---------------------------------------------------------------------------
    (b) * * *
          * * * * * * *

     transfer of war reserve materiel and other property to taiwan

    Sec. 23.\4\ (a) Notwithstanding any other provision of law, 
during the calendar year 1980 the President is authorized to 
transfer to Taiwan under such terms and conditions as he may 
deem appropriate, such United States war reserve materiel that 
was located on Taiwan on January 1, 1979, as he may determine.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 3302 note.
---------------------------------------------------------------------------
    (b) Notwithstanding any other provision of law, during the 
calendar years 1979 and 1980 the President is authorized to 
transfer to Taiwan, under such terms and conditions as he may 
deem appropriate, such rights of the United States in property 
(other than war reserve materiel) that was located on Taiwan on 
January 1, 1979, as he may determine.

                      ammunition sold to thailand

    Sec. 24. The Royal Thai Government shall be released from 
its contractual obligation to pay to the United States 
Government such amount as is due on or before October 30, 1979, 
as a condition precedent under the letter of offer accepted by 
the Royal Thai Government on April 12, 1977, to the transfer of 
title to the last increment of United States ammunition stocks 
sold to the Royal Thai Government under such letter of offer 
pursuant to the Memorandum of Agreement of March 22, 1977, 
relating to the storage of ammunition in Thailand.
    Sec. 25.\5\ Assistance for Jordan * * * [Repealed--1981]
---------------------------------------------------------------------------
    \5\ Sec. 734(a)(11) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 25, which had required a determination and report by the President 
that Jordan was acting in good faith to achieve further progress toward 
a comprehensive peace settlement in the Middle East before funds could 
be used for assistance to Jordan during fiscal year 1980. Such a 
determination was transmitted to Congress on January 10, 1980.
---------------------------------------------------------------------------

                             shaba airlift

    Sec. 26. Notwithstanding any other provision of law, the 
President is authorized to make available the services of the 
Department of Defense for the purpose of facilitating the 
removal from Zaire of those foreign armed forces which were 
transported to Zaire by the United States at the time of the 
crisis in Shaba Province in 1978.

         fiscal year 1979 supplemental authorization for turkey

    Sec. 27.\6\ (a) It is hereby determined that the national 
interests of the United States would be served by the 
furnishing of additional economic support fund assistance to 
Turkey in order to promote the economic and political stability 
of that country, and to strengthen its ability to fulfill its 
responsibilities as a member of the North Atlantic Treaty 
Organization.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2346c note.
---------------------------------------------------------------------------
    (b) In furtherance of subsection (a) of this section, and 
in addition to amounts otherwise available for such purposes, 
there are authorized to be appropriated to the President to 
carry out the purposes of chapter 4 of part II of the Foreign 
Assistance Act of 1961 $100,000,000 for the fiscal year 1979, 
which amount shall be available only for Turkey.\7\
---------------------------------------------------------------------------
    \7\ Supplemental Appropriations Act, 1979 (Public Law 96-38; 93 
Stat. 102), provided an additional $100,000,000 for the Economic 
Support Fund for Turkey, ``to remain available until expended''.
---------------------------------------------------------------------------
    (c) Amounts appropriated under this section may be made 
available until expended.
    (d) Notwithstanding any assistance authorized for Turkey 
under this Act, it remains the policy of the United States that 
all foreign troops in Cyprus, except those stationed in Cyprus 
under the auspices of the United Nations, should be withdrawn 
from Cyprus.
    (e) It is the sense of the Congress that the recent 
announcement by the leaders of the Greek Cypriots and the 
Turkish Cypriots to resume intercommunal negotiations is an 
encouraging recognition by the parties that the human rights 
and fundamental freedoms of all the citizens of the Republic of 
Cyprus will be respected. The Congress urges all parties to the 
negotiations to demonstrate good faith in the negotiations and 
to move promptly toward a full, just, and lasting settlement.
    Sec. 28.\8\ Prohibition on Assistance to Panama * * * 
[Repealed--1981]
---------------------------------------------------------------------------
    \8\ Sec. 734(a)(11) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) 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]
---------------------------------------------------------------------------
    \1\ Sec. 734(a)(3) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 124, which had prohibited assistance for Panama during fiscal year 
1980 unless the President determined that such aid was in the national 
interest.
---------------------------------------------------------------------------

          assistance to latin american and caribbean countries

    Sec. 125.\2\ It is the sense of the Congress that the 
United States should place greater emphasis on public and 
private resources for development programs in Latin America and 
the Caribbean which address problems common to the Western 
Hemisphere. It is further the sense of the Congress that 
provision of such assistance to Latin American and Caribbean 
countries, including transitional developing countries, is 
consistent with the purposes of part I of the Foreign 
Assistance Act of 1961.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

           increased contributions for development assistance

    Sec. 126.\2\ In recognition of the rapidly growing economic 
strength and ability to contribute to international development 
and security efforts of other nations, it is the sense of the 
Congress that the President should take all appropriate steps 
to negotiate with those nations with adequate financial 
resources to provide assistance to increase their contributions 
for development assistance through multilateral programs as 
well as through bilateral efforts.

                        TITLE II--FOOD FOR PEACE

          * * * * * * *

                         TITLE III--PEACE CORPS

          * * * * * * *

    TITLE IV--INSTITUTE FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION

                          statement of policy

    Sec. 401.\3\ As declared by Congress in the Foreign 
Assistance Act of 1961, a principal objective of the foreign 
policy of the United States is the encouragement and sustained 
support of the people of developing countries in their efforts 
to acquire the knowledge and resources essential to development 
and to build the economic, political, and social institutions 
which will improve the quality of their lives. The Congress 
reaffirms the profound humanitarian and foreign policy concerns 
of the United States in the economic and social progress of the 
developing countries and in the alleviation of the worst 
physical manifestations of poverty in these countries.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 3501.
---------------------------------------------------------------------------
    In furtherance of that objective, the Congress recognizes 
that developing countries require extensive scientific and 
technological capacity in order to deal effectively with their 
development problems, relate to the industrialized nations, and 
constructively participate in the shaping of a stable world 
order.
    It is therefore in the mutual interest of the United States 
and the developing countries to increase scientific and 
technological cooperation and jointly to support long-term 
research on critical problems that impede development and limit 
the efficient use of the world's human, natural, and capital 
resources.

              purposes and establishment of the institute

    Sec. 402.\4\ (a) To strengthen the capacity of the people 
of developing countries to solve their development problems 
through scientific and technological innovation, to foster 
research on problems of development, and to facilitate 
scientific and technological cooperation with developing 
countries, the President is authorized to establish an 
Institute for Scientific and Technological Cooperation 
(hereafter in this title referred to as the ``Institute''), 
which shall be subject to the foreign policy guidance of the 
Secretary of State.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 3502.
---------------------------------------------------------------------------
    (b) The Institute shall be guided by the policies set forth 
in sections 101 and 102 of the Foreign Assistance Act of 1961 
and shall direct a substantial share of its resources to those 
objectives.

                       functions of the institute

    Sec. 403.\5\ (a) In carrying out its purposes, the 
Institute shall--
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 3503.
---------------------------------------------------------------------------
          (1) assist developing countries to strengthen their 
        own scientific and technological capacity in order for 
        them to undertake the research and experimentation 
        necessary for development;
          (2) support research, in the United States and in 
        developing countries, on critical development problems, 
        with emphasis on research relating to technologies 
        which are labor-intensive or which do not generate 
        additional unemployment or underemployment and with 
        emphasis on those problems which are the greatest 
        impediment to improvement in the lives of the majority 
        of the poor;
          (3) foster the exchange of scientists and other 
        technological experts with developing countries, and 
        other forms of exchange and communication to promote 
        the joint solution of problems of mutual concern to the 
        United States and developing countries;
          (4) advise and assist other agencies of the United 
        States Government in planning and executing policies 
        and programs of scientific and technological 
        cooperation with developing countries;
          (5) facilitate the participation of private United 
        States institutions, businesses, and individuals in 
        scientific and technological cooperation with 
        developing countries; and
          (6) gather, analyze, and disseminate information 
        relevant to the scientific and technological needs of 
        developing countries.
    (b) In carrying out the functions specified in subsection 
(a), the Institute shall take particular care to review all of 
its programs, projects, and other activities to ensure that 
technologies which are developed, utilized, or promoted are 
assessed with regard to minimizing any new problems and that 
participants in such programs, projects, and activities are 
fully aware of the need for such review with respect to any 
technology-related activities for which they are responsible.
    (c) For purposes of carrying out the functions of the 
Institute, the President may utilize, in addition to 
authorities conferred by this title, such authority contained 
in the Foreign Assistance Act of 1961, the Foreign Service Act 
of 1980,\6\ title V of the Foreign Relations Authorization Act, 
Fiscal Year 1979, and title IV of the International Development 
and Food Assistance Act of 1978, as the President deems 
necessary.
---------------------------------------------------------------------------
    \6\ 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''.
---------------------------------------------------------------------------
    (d) The Institute shall carry out its functions in 
consultation and cooperation with the agencies of the United 
States Government, international organizations, and agencies of 
other governments engaged in promoting economic, social, and 
technological development in developing countries.
    (e) The President shall prescribe appropriate procedures to 
assure coordination of the activities of the Institute with 
other activities of the United States Government in furthering 
the use of science and technology in the cause of development.

                          general authorities

    Sec. 404.\7\ (a) To carry out the purposes and functions of 
the Institute, the President may--
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 3504.
---------------------------------------------------------------------------
          (1) make and perform contracts and other agreements 
        with any individual, institution, corporation, or other 
        body of persons however designated, within or outside 
        the United States, and with governments or government 
        agencies, domestic or foreign;
          (2) make advances, grants, and loans to any 
        individual, institution, corporation, or other body of 
        persons however designated, within or outside the 
        United States, and to governments or government 
        agencies, domestic or foreign;
          (3) employ such personnel as necessary and fix their 
        compensation;
          (4) make provision for compensation, transportation, 
        housing, subsistence (or per diem in lieu thereof), and 
        health care or health and accident insurance for 
        foreign nationals engaged in activities authorized by 
        this title while they are away from their homes, 
        without regard to the provisions of any other law;
          (5) accept and use money, funds, property, and 
        services of any kind by gift, devise, bequest, grant, 
        or otherwise in furtherance of the purposes of the 
        Institute;
          (6) acquire by purchase, lease, loan, bequest, or 
        gift and hold and dispose of by sale, lease, loan, or 
        grant, real and personal property of all kinds;
          (7) prescribe, amend, and repeal such rules and 
        regulations as may be necessary to the conduct of the 
        business of the Institute;
          (8) utilize information, services, facilities, 
        officers, and employees of any agency of the United 
        States Government;
          (9) establish a principal office in the United States 
        and such other offices within or outside the United 
        States, as may be necessary;
          (10) make such expenditures as may be necessary for 
        administering the provisions of this title;
          (11) adopt, alter, and use an official seal for the 
        Institute, which shall be judicially noticed; and
          (12) take such other actions as may be necessary and 
        incidental to carrying out the functions of the 
        Institute.
    (b) Any authority provided by this section involving the 
expenditures of appropriated funds shall be effective for a 
fiscal year only to such extent or in such amounts as are 
provided in appropriation Acts.

                       director of the institute

    Sec. 405.\8\ (a) There shall be a Director of the Institute 
(hereafter in this title referred to as the ``Director'') who 
shall be the chief executive officer of the Institute. The 
Director shall be appointed by the President, by and with the 
advice and consent of the Senate, and shall receive 
compensation at the rate payable for level III of the Executive 
Schedule under section 5314 of title 5 of the United States 
Code.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 3505.
---------------------------------------------------------------------------
    (b) The President may exercise any authorities conferred 
upon him by this title through the Director or any other agency 
or officer of the United States Government as he shall direct. 
The Director or head of any such agency or any such officer may 
delegate to any of his subordinates authority to perform any of 
such functions.

              deputy director and other statutory officers

    Sec. 406.\9\ (a) A Deputy Director of the Institute shall 
be appointed by the President, by and with the advice and 
consent of the Senate. The Deputy Director shall receive 
compensation at the rate payable for level IV of the Executive 
Schedule under section 5315 of title 5 of the United States 
Code.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 3506.
---------------------------------------------------------------------------
    (b) The Deputy Director shall perform such duties and 
exercise such powers as the Director may prescribe.
    (c) The President may establish up to two additional 
positions in the Institute to be compensated at the rate 
payable for level V of the Executive Schedule under section 
5316 of title 5 of the United States Code.

   council on international scientific and technological cooperation

    Sec. 407.\10\ (a) In order to further the purposes of the 
Institute, the President is authorized to establish a Council 
on International Scientific and Technological Cooperation 
(hereafter in this title referred to as the ``Council'').
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 3507.
---------------------------------------------------------------------------
    (b)(1) The Council shall--
          (A) advise the Director with respect to the policies, 
        programs, planning, and procedures of the Institute;
          (B) make recommendations to the Director on the use 
        of the resources available to the Institute; and
          (C) advise the Director on matters involving the 
        activities of the Institute overseas and appropriate 
        relationship with the private sector, within and 
        outside the United States.
    (2) The Council shall prepare an annual report setting 
forth the major recommendations made and advice given pursuant 
to paragraph (1) of this subsection.
    (c) The Director shall seek the advice of the Council 
before making any decision with respect to the selection or 
termination of, or any significant change in, the areas and 
issues in which the Institute conducts its activities, and with 
respect to the transfer of specific programs and projects from 
any other Government agency to the Institute. The Council shall 
have the authority to review all new programs and initiatives 
before their implementation and to make recommendations with 
regard to the approval or disapproval of new programs and 
initiatives having a cost in excess of $500,000 or a duration 
greater than two years.
    (d) The Council shall consist of up to twenty-five members 
appointed by the President, one of whom the President shall 
designate as Chairman. The members of the Council shall be 
appointed for terms of four years, except that the members 
first appointed shall be appointed for terms of one, two, 
three, or four years, as designated by the President at the 
time of their appointment, so that the terms of approximately 
one-fourth of the members of the Council expire in any year. 
The members of the Council shall be selected from among--
          (1) citizens of the United States who are widely 
        recognized for their broad knowledge of, or expertise 
        in, science and technology, or their interest in the 
        scientific and technological problems of developing 
        countries;
          (2) citizens of foreign countries who by their 
        knowledge and expertise are capable of providing advice 
        and guidance to the Institute on the application of 
        science and technology to the problems of developing 
        countries, except that not more than one-third of the 
        membership of the Council shall consist of members who 
        are citizens of foreign countries; and
          (3) officials of the United States Government, except 
        that not to exceed five members of the Council may be 
        appointed under this paragraph, one of whom shall be 
        the Secretary of State or his designee.
    (e) Members of the Council who are not officials of the 
United States Government shall be entitled to compensation, not 
to exceed the daily equivalent of the highest rate which may be 
paid to an employee under the General Schedule established by 
section 5332 of title 5 of the United States Code, while in the 
performance of their duties under this title, and to 
reimbursement for expenses and per diem in lieu of subsistence 
while away from their homes or regular places of business in 
the same manner as persons employed intermittently in 
Government service are allowed expenses under section 5703 of 
title 5 of the United States Code. Members of the Council who 
are not officials of the United States Government shall not be 
deemed officers, employees, or otherwise in the service or 
employment of the United States Government for any purpose, 
except that members of the Council who are United States 
citizens shall be deemed Government employees for the purposes 
of sections 202, 203, 205, 207, 208, and 209 of title 18 of the 
United States Code.
    (f) The Council may appoint from among its members an 
Executive Committee, and such other committees it deems 
necessary, to assist it in exercising its powers and functions. 
The Executive Committee shall consist of seven members, one of 
whom shall be the Chairman of the Council and not more than 
three of whom shall be employees of the United States 
Government. The Executive Committee shall exercise such powers 
and functions as are delegated to it by the Council.

                         institute fellowships

    Sec. 408.\11\ (a) The President is authorized to award up 
to twenty fellowships annually for periods up to two years, 
such awards to be renewable for an additional period not to 
exceed two years, to individuals who have demonstrated 
exceptional competence and ability in the fields of scientific, 
technological, economic, or social endeavor selected by the 
Institute for concentration. The awards shall be made so as to 
encompass a wide diversity of disciplines and backgrounds, and 
shall be made on the basis of criteria established by the 
President upon the advice of the Council. Up to ten of the 
awards in any year may be made to citizens of countries other 
than the United States. Individuals awarded fellowships shall 
be designated as Institute Fellows.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 3508.
---------------------------------------------------------------------------
    (b) The President may assign Institute Fellows to undertake 
such activities, in the United States or abroad, as will 
further the purposes of the Institute.
    (c) The amount of the awards made pursuant to this section 
shall be established by the President, but shall not in any 
case exceed the highest rate which may be paid to an employee 
under the General Schedule established by section 5332 of title 
5 of the United States Code. In addition, where appropriate, 
the President may make provisions for transportation, housing 
(when assigned outside country of residence), subsistence (or 
per diem in lieu thereof), and health care or health or 
accident insurance for Institute Fellows and their dependents 
while engaged in activities authorized by this title.
    (d) Except as provided otherwise in this section, Institute 
Fellows shall not be deemed employees or otherwise in the 
service or employment of the United States Government. 
Institute Fellows shall be considered employees for purposes of 
compensation of injuries under chapter 81 of title 5 of the 
United States Code and the tort claim provisions of chapter 171 
of title 28 of the United States Code. In addition, Institute 
Fellows who are United States citizens shall be considered 
Government employees for purposes of sections 202, 203, 205, 
207, 208, and 209 of title 18 of the United States Code.
    (e) Alien participants in any program of the Institute, 
including Institute Fellows and their dependents, may be 
admitted to the United States, if otherwise qualified as non-
immigrants under section 101(a)(15) of the Immigration and 
Nationality Act, for such time and under such conditions as may 
be prescribed by regulations promulgated by the Secretary of 
State and the Attorney General.

                          conflict of interest

    Sec. 409.\12\ Members of the Council and Institute Fellows 
shall avoid any action, in their activities with respect to the 
Institute, which might result in, or create the appearance of, 
a conflict of interest, including but not limited to--
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 3509.
---------------------------------------------------------------------------
          (1) using their office or position for private gain;
          (2) giving preferential treatment to any person;
          (3) making recommendations or decisions relating to 
        any activity authorized by this title in other than an 
        impartial and independent manner;
          (4) misusing Government property or official 
        information obtained through their office or position 
        which has not been made available to the general 
        public; or
          (5) affecting adversely the confidence of the public 
        in the integrity of the Institute.

                    authorization of appropriations

    Sec. 410.\13\ There are authorized to be appropriated to 
the President to carry out this title, in addition to funds 
otherwise available for such purpose, $12,000,000 for the 
fiscal year 1981.\14\ Funds appropriated under this section are 
authorized to remain available until expended.
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 3510.
    \14\ Sec. 312 of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3148) added the 
authorization figure for fiscal year 1981. The authorization for fiscal 
year 1980 was $23,750,000. However, these funds were never 
appropriated.
---------------------------------------------------------------------------
    Sec. 411.\15\ Annual Report * * * [Repealed--1983]
---------------------------------------------------------------------------
    \15\ Sec. 1011(a)(6) of the Department of State Authorization Act, 
Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1061) repealed 
sec. 411, which had required an annual report to Congress regarding the 
operations of the Institute.
---------------------------------------------------------------------------

                         conforming amendments

    Sec. 412. (a) Section 5314 of title 5 of the United States 
Code, relating to level III of the Executive Schedule, is 
amended by adding at the end thereof the following:
          ``(70) Director, Institute for Scientific and 
        Technological Cooperation.''
    (b) Section 5315 of title 5 of the United States Code, 
relating to level IV of the Executive Schedule, is amended by 
adding at the end thereof the following:
          ``(128) Deputy Director, Institute for Scientific and 
        Technological Cooperation.''.
    (c) Section 5316 of title 5 of the United States Code, 
relating to level V of the Executive Schedule, is amended by 
adding at the end thereof the following:
          ``(152) Additional officers, Institute for Scientific 
        and Technological Cooperation (2).''.
    Sec. 413.\16\ Establishment in International Development 
Cooperation Agency * * * [Repealed--1998]
---------------------------------------------------------------------------
    \16\ Formerly at 22 U.S.C. 3512. 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.''.
---------------------------------------------------------------------------

                       expiration of authorities

    Sec. 414.\17\ The authorities contained in this title shall 
expire on September 30, 1984.
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 3513.
---------------------------------------------------------------------------

                   TITLE V--MISCELLANEOUS PROVISIONS

   earmarking for lebanon of unobligated balances in the middle east 
                       special requirements fund

    Sec. 501. Of the funds continued available for the fiscal 
year 1979 for the Middle East Special Requirements Fund by 
section 103 of the Foreign Assistance and Related Programs 
Appropriations Act, 1979, which are unobligated on the date of 
enactment of this Act, $5,000,000 shall be available only for 
Lebanon and may hereafter be continued available only for such 
country.

                      military assistance to sudan

    Sec. 502.\18\ In addition to the amount authorized to be 
appropriated for grant military assistance for the fiscal year 
1980 by section 504(a)(1) of the Foreign Assistance Act of 
1961, there is authorized to be appropriated to carry out the 
purposes of chapter 2 of part II of that Act for the fiscal 
year 1980 $1,700,000. Not more than $1,700,000 of the funds 
available to carry out that chapter for the fiscal year 1980 
may be allocated and made available for assistance for Sudan. 
For purposes of the last sentence of section 504(a)(1) and for 
purposes of section 515(b)(1) of the Foreign Assistance Act of 
1961, this section shall be deemed to be part of such section 
504(a)(1).
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 2312 note.
---------------------------------------------------------------------------
          * * * * * * *

                          human rights reports

    Sec. 504. (a) * * *
    (b) \19\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \19\ Sec. 734(a)(3) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
subsec. (b), which had required a report from the Secretary of State on 
the impact on U.S. foreign relations of the human rights reports 
required by the Foreign Assistance Act of 1961. The Secretary of State 
submitted this report to Congress on November 15, 1979.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 506.\20\ Prohibition on Assistance to Vietnam, 
Cambodia, and Cuba * * * [Repealed--1981]
---------------------------------------------------------------------------
    \20\ Sec. 734(a)(3) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 506, which had prohibited aid to Vietnam, Cambodia, and Cuba 
during fiscal year 1980.
---------------------------------------------------------------------------

                  nonproliferation of nuclear weapons

    Sec. 507.\21\ (a) In accordance with the Nuclear Non-
Proliferation Act of 1978, the Congress strongly urges all 
nations which are not parties to the Treaty on Non-
Proliferation of Nuclear Weapons to become parties to that 
treaty.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 3201 note.
---------------------------------------------------------------------------
    (b) \22\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \22\ Sec. 734(a)(3) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
subsec. (b), which had required a report from the Secretary of State 
specifying what efforts the Department of State had made to encourage 
nations which are not parties to the Treaty on Nonproliferation of 
Nuclear Weapons to become parties to such treaty. The Secretary of 
State submitted this report to Congress on November 19, 1979.
---------------------------------------------------------------------------

                      accelerated loan repayments

    Sec. 508. (a) * * *
    (b) \23\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \23\ Sec. 734(a)(3) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
subsec. (b), which had required that the annual reports on foreign 
assistance submitted to Congress in 1980 and 1981 describe the efforts 
made to negotiate accelerated loan repayments.
---------------------------------------------------------------------------

                    refugee crisis in southeast asia

    Sec. 509. (a)(1) The refugee crisis in Indochina is 
unfolding as one of the great human tragedies of our time.
    (2) At least seven hundred and fifty thousand human beings 
have fled Vietnam, Kampuchea, and Laos since the spring of 
1975.
    (3) Approximately three hundred thousand human beings 
currently remain in refugee camps throughout Southeast Asia.
    (4) As many as two hundred and fifty thousand human beings 
may have perished in their attempts to reach freedom and many 
thousands more face death should the present situation 
continue.
    (5) The international borders are closing to the refugees 
fleeing from Indochina.
    (6) The international community has failed to respond 
adequately to the crisis, despite the existence of adequate 
mechanisms to respond.
    (b) It is the sense of the Congress that the President 
should continue to support the efforts of the Secretary General 
of the United Nations to use appropriate fora to deal with the 
refugee crisis in Southeast Asia.
    (c) \24\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \24\ Sec. 734(a)(3) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
subsec. (c), which had required periodic reports from the President on 
the prospects for permanent resettlement of Indochinese refugees so 
that no disruption of the economy of a host country would result.
---------------------------------------------------------------------------

                        certain travel expenses

    Sec. 510. Section 5924(4)(B) of title 5, United States 
Code,\25\ is amended by striking out ``one annual trip each way 
for each dependent of an employee of the Department of State or 
the United States Information Agency, or'' and inserting in 
lieu thereof ``(i) in the case of dependents traveling to 
obtain secondary education, one annual trip, or in the case of 
dependents traveling to obtain undergraduate college education, 
two annual trips, each way for each dependent of an employee of 
the Department of State, of the International Communication 
Agency, or of the Agency for International Development, or 
(ii)''.
---------------------------------------------------------------------------
    \25\ Sec. 5924 of title 5, U.S.C., provides for certain costs of 
living allowances for U.S. Government employees living in a foreign 
area.
---------------------------------------------------------------------------
          * * * * * * *

                            effective dates

    Sec. 512. (a) Except as provided in subsection (b) of this 
section and in section 503(b), this Act shall take effect on 
October 1, 1979.
    (b) Sections 114(b), 123, 501, and 509 of this Act shall 
take effect on the date of enactment of this Act.
     (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.
---------------------------------------------------------------------------

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

                    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.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2292d.
---------------------------------------------------------------------------
          * * * * * * *

                     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.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 2151u note.
---------------------------------------------------------------------------
    (b) \6\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                        TITLE II--FOOD FOR PEACE

    Sec. 201.\7\ Effectiveness of Food Assistance in Meeting 
Basic Food Needs * * * [Repealed--1981]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

 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.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

                      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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                   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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

     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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    Sec. 603.\14\ (a)(1) \15\ Reports to Congress on Debt 
Relief Agreements * * * [Repealed--1981]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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]
---------------------------------------------------------------------------
    \3\ Sec. 734(a)(12) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
subsec. (b), which had required a report from the President concerning 
multilateral discussions with other arms suppliers on the issue of 
restraining the flow of conventional arms to developing countries. The 
President submitted this report to Congress on December 28, 1979.
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          * * * * * * *

special security assistance program for the modernization of the armed 
                    forces of the republic of korea

    Sec. 23.\4\ (a)(1) The President is authorized until 
December 31, 1982--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2428b.
---------------------------------------------------------------------------
          (A) to transfer, without reimbursement, to the 
        Republic of Korea, only in conjunction with the 
        withdrawal of the 2d Infantry Division and support 
        forces from Korea, such United States Government-owned 
        defense articles as he may determine which are located 
        in Korea in the custody of units of the United States 
        Army scheduled to depart from Korea; and
          (B) to furnish to the Republic of Korea, without 
        reimbursement, defense services (including technical 
        and operational training) in Korea directly related to 
        the United States Government-owned defense articles 
        transferred to the Republic of Korea under this 
        subsection.
    (2) Any transfer under the authority of this section shall 
be made in accordance with all the terms and conditions of the 
Foreign Assistance Act of 1961 applicable to the furnishing of 
defense articles and defense services under chapter 2 of part 
II of that Act, except that no funds heretofore or hereafter 
appropriated under that Act shall be available to reimburse any 
agency of the United States Government for any such transfer or 
related services.
    (b) In order that transfers of defense articles under 
subsection (a) will not cause significant adverse impact on the 
readiness of the Armed Forces of the United States, the 
President is authorized, in lieu of such transfers, to transfer 
additional defense articles from the stocks of the Department 
of Defense, wherever located, to the Republic of Korea to 
compensate for the military capability of defense articles 
withdrawn from Korea in any case where he determines that--
          (1) the transfer of specific defense articles located 
        in Korea would have a significant adverse impact on the 
        readiness of the United States Armed Forces;
          (2) the defense capability provided by those defense 
        articles is needed by the Armed Forces of the Republic 
        of Korea in order to maintain the military balance on 
        the Korean peninsula; and
          (3) a comparable defense capability could be provided 
        by less advance defense articles in the stocks of the 
        Department of Defense which could be transferred 
        without significant adverse impact on the readiness of 
        the United States Armed Forces.
The President shall report to the Congress each determination 
made under this subsection prior to the transfer of the defense 
articles described in such determination.
    (c) The President shall transmit to the Congress, together 
with the presentation materials for security assistance 
programs proposed for each fiscal year through and including 
the fiscal year 1983, a report describing the types, 
quantities, and value of defense articles furnished or intended 
to be furnished to the Republic of Korea under this section.
    (d) \5\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \5\ Sec. 734(a)(12) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
subsec. (d), which had required a report from the President 120 days 
prior to each phase of troop withdrawal from Korea regarding the 
viability of such withdrawal.
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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]
---------------------------------------------------------------------------
    \6\ Sec. 734(a)(12) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
para. (2), which had required a report from the President prior to any 
future withdrawals of U.S. ground forces from Korea concerning a number 
of issues which might be affected by the withdrawal.
---------------------------------------------------------------------------
    Sec. 24.\7\ United States Relations With the Soviet Union * 
* * [Repealed--1993]
---------------------------------------------------------------------------
    \7\ Formerly at 22 U.S.C. 2151 note. Sec. 706 of the FRIENDSHIP Act 
(Public Law 103-199; 107 Stat. 2317) repealed sec. 24.
    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.
---------------------------------------------------------------------------
    Sec. 25.\8\ Report on Review of Arms Sales Controls on Non-
Lethal Items * * * [Repealed--1981]
---------------------------------------------------------------------------
    \8\ Sec. 734(a)(12) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 25, which had required a report from the President on a review of 
arms sales control on non-lethal items. The President submitted this 
report to Congress on January 26, 1979.
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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\
---------------------------------------------------------------------------
    \9\ Pursuant to article X of the treaty, the State Department on 
December 23, 1978, delivered notice, effective January 1, 1979, that 
the United States was terminating the treaty. Under article X, the 
treaty remained in force until January 1, 1980.
---------------------------------------------------------------------------
    Sec. 27.\10\ Rhodesia Embargo * * * [Repealed--1981]
---------------------------------------------------------------------------
    \10\ Sec. 734(a)(12) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 27. It formerly read as follows:
    ``Sec. 27. In furtherance of the foreign policy interests of the 
United States, the Government of the United States shall not enforce 
sanctions against Rhodesia after December 31, 1978, provided that the 
President determines that--
    ``(1) the Government of Rhodesia has demonstrated its willingness 
to negotiate in good faith at an all-parties conference, held under 
international auspices, on all relevant issues; and
    ``(2) a government has been installed, chosen by free elections in 
which all political and population groups have been allowed to 
participate freely, with observation by impartial, internationally-
recognized observers.''.
---------------------------------------------------------------------------

                 negotiations between israel and egypt

    Sec. 28.\11\ (a) The Congress finds that--
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 2346a note.
---------------------------------------------------------------------------
          (1) a lasting settlement of the Arab-Israel conflict 
        is vital to United States national interests as well as 
        to the interests of the countries of the region;
          (2) support for a strong and secure Israel and the 
        maintenance for this purpose of Israel's effective 
        defense capabilities as essential to peace remains a 
        fundamental tenet of United States foreign policy;
          (3) direct, face-to-face negotiations between Israel 
        and Egypt without preconditions is a historic opening 
        for peace, and the support of such negotiations by 
        other moderate Arab countries, can best promote a peace 
        settlement based on mutual concessions and 
        accommodations;
          (4) the establishment of secure, recognized, and 
        defensible borders between Israel and its neighbors 
        will discourage hostilities; and
          (5) full, normalized relations between Israel and its 
        Arab neighbors, including trade, travel, tourism, 
        communications, and diplomatic relations are vital for 
        peace.
    (b) It is the sense of the Congress that the Government of 
the United States should continue to promote direct 
negotiations between Israel and Egypt and to encourage other 
Arab countries to enter into negotiations leading to peace 
treaties with Israel.
    (c) It is further the sense of the Congress that the United 
States should be responsive to Israel's economic needs and 
defense requirements, including the provision of additional 
advanced aircraft, in order to maintain Israel's defense 
capability which is essential to peace.
          * * * * * * *

                           savings provision

    Sec. 30.\12\ Enactment of this Act shall not affect the 
authorizations of appropriations and limitations of authority 
applicable to the fiscal year 1978 which are contained in 
provisions of law amended by this Act (other than sections 31 
(a), (b), and (d) of the Arms Export Control Act).
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 1754 note.
           (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.
---------------------------------------------------------------------------
          * * * * * * *

            security supporting assistance program for egypt

    Sec. 9.\2\ It is the sense of the Congress that the 
security supporting assistance program for Egypt plays an 
important role in the Middle East peace effort and that the 
Executive branch should concentrate its efforts in order to 
make the program a success.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2346 note. Sec. 29(c)(2) of the International 
Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 747) 
struck out subsecs. (b) through (e) of sec. 9. These subsections 
concerned the creation and activities of a Special Interagency Task 
Force to review the U.S. security supporting assistance program for 
Egypt.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 14.\3\ Prohibition on Assistance for Nuclear 
Powerplants * * * [Repealed--1981]
---------------------------------------------------------------------------
    \3\ Sec. 734(a)(13) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 14, which had prohibited the use of funds made available under the 
Foreign Assistance Act of 1961 during fiscal year 1978 to finance the 
construction of, the operation or maintenance of, or the supply of fuel 
for, any nuclear powerplant under an agreement for cooperation between 
the United States and any other country.
---------------------------------------------------------------------------
          * * * * * * *

            fiscal year 1977 authorizations and limitations

    Sec. 21.\4\ Authorizations of appropriations and 
limitations of authority applicable to the fiscal year 1977 
contained in provisions of law amended by this Act shall not be 
affected by enactment of this Act.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
    Sec. 22.\5\ Assistance and Sales to Greece and Turkey * * * 
[Repealed--1981]
---------------------------------------------------------------------------
    \5\ Sec. 734(a)(13) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 22, which set out certain conditions for assistance and sales to 
Greece and Turkey during fiscal year 1978.
---------------------------------------------------------------------------
    Sec. 23.\6\ Arms Sales and United States Defense Readiness 
* * * [Repealed--1978]
---------------------------------------------------------------------------
    \6\ Sec. 29(c)(2) of the International Security Assistance Act of 
1978 (Public Law 95-384; 92 Stat. 747) repealed sec. 23, which had 
required a report to Congress on the impact of U.S. foreign arms sales 
and transfers on U.S. defense readiness and national security.
---------------------------------------------------------------------------

                     study of technology transfers

    Sec. 24.\7\ (a) The President shall conduct a comprehensive 
study of the policies and practices of the United States 
Government with respect to the national security and military 
implications of international transfers of technology in order 
to determine whether such policies and practices should be 
changed. Such study shall examine--
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 2751 note.
---------------------------------------------------------------------------
          (1) the nature of technology transfer;
          (2) the effect of technology transfers on United 
        States technological superiority;
          (3) the rationale for transfers of technology from 
        the United States to foreign countries;
          (4) the benefits and risks of such transfers;
          (5) trends in technology transfers by the United 
        States and other countries;
          (6) the need for controls on transfers of technology, 
        including controls on the use of transferred 
        technology, the effectiveness of existing end-use 
        controls, and possible unilateral sanctions if end-use 
        restrictions are violated;
          (7) the effectiveness of existing organizational 
        arrangements in the Executive branch in regulating 
        technology transfers from the United States;
          (8) the adequacy of existing legislation and 
        regulations with respect to transfers of technology 
        from the United States; and
          (9) the possibilities for international agreements 
        with respect to transfers of technology.
    (b) In conducting the study required by subsection (a), the 
President shall utilize the resources and expertise of the Arms 
Control and Disarmament Agency, the Department of State, the 
Department of Defense, the Department of Commerce, the National 
Science Foundation, the Office of Science and Technology 
Policy, and such other entities within the Executive branch as 
he deems necessary.
    (c) \8\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \8\ Sec. 734(a)(13) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
subsec. (c), which had required a report from the President regarding 
the findings made and conclusions reached as a result of the study 
conducted pursuant to subsec. (a). The President submitted this report 
to Congress on August 21, 1978.
---------------------------------------------------------------------------
    Sec. 25.\9\ Policy on Zaire * * * [Repealed--1981]
---------------------------------------------------------------------------
    \9\ Sec. 734(a)(13) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 25, which had prohibited U.S. aid for Zaire during fiscal year 
1978 supporting any military or paramilitary operations in Zaire 
(unless the President determined that such assistance would be in the 
U.S. national security interests).
---------------------------------------------------------------------------

         policy statement on united states arms sales to israel

    Sec. 26.\7\ In accordance with the historic special 
relationship between the United States and Israel and previous 
agreements and continuing understandings, the Congress joins 
with the President in reaffirming that a policy of restraint in 
United States arms transfers, including arms sales ceilings, 
shall not impair Israel's deterrent strength or undermine the 
military balance in the Middle East.

           review of arms sales controls on non-lethal items

    Sec. 27.\7\ The President shall undertake a review of all 
regulations relating to arms control for the purpose of 
defining and categorizing lethal and non-lethal products and 
establishing the appropriate level of control for each 
category.

                           republic of korea

    Sec. 28. (a)(1) It is the sense of the Congress that the 
President should take all effective measures to assure that the 
Republic of Korea is cooperating fully with the investigation 
(including any resulting prosecutions) being conducted by the 
Department of Justice with respect to allegations of improper 
activity in the United States by agents of the Republic of 
Korea.
    (2) \10\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \10\ Sec. 734(a)(13) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
para. (2), which required a report every 90 days from the President 
regarding the extent to which Korea was cooperating with the 
investigation being conducted by the Department of Justice.
---------------------------------------------------------------------------
    (b) It is the further sense of the Congress that the 
President should take all effective measures to assure that the 
Republic of Korea is cooperating fully with the investigations 
being conducted by committees of Congress.

                           piaster conversion

    Sec. 29.\11\ No provision of law shall be construed to 
prevent payment of claims of former and present Vietnamese 
employees of the Agency for International Development, who 
presently reside in the United States, for the conversion of 
Vietnamese piasters to dollars because such conversion cannot 
take place in the territory of the former Republic of Vietnam 
or because the official with whom such piasters were deposited 
was not a United States disbursing officer.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 2431 note.
     (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.
---------------------------------------------------------------------------

    \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'.''.
---------------------------------------------------------------------------
    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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

        limitation on use of funds; missing in action in vietnam

    Sec. 132. (a) \4\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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'').
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                             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.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2321a note.
---------------------------------------------------------------------------
     (d) \2\ Funds made available pursuant to other provisions 
of law for foreign military educational and training activities 
shall remain available for obligation and expenditure for their 
original purposes in accordance with the provisions of law 
originally applicable to those purposes or in accordance with 
the provisions of law currently applicable to those purposes.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2347 note.
---------------------------------------------------------------------------
          * * * * * * *

                           arms sales policy

    Sec. 201. (a) * * *
    (b) Any reference to the Foreign Military Sales Act shall 
be deemed to be a reference to the Arms Export Control Act.
    Sec. 202. (a) * * *
    (b) \3\ * * * [Repealed--1978]
---------------------------------------------------------------------------
    \3\ Sec. 29(c)(1)(A) of the International Security Assistance Act 
of 1978 (Public Law 95-384; 92 Stat. 747) struck out subsec. (b), which 
had required a study by the President regarding U.S. arms sales 
policies and practices.
---------------------------------------------------------------------------
          * * * * * * *

      control of licenses with respect to arms exports and imports

    Sec. 212. (a) * * *
    (b)(1) Section 414 of the Mutual Security Act of 1954 is 
repealed. Any reference to such section shall be deemed to be a 
reference to section 38 of the Arms Export Control Act and any 
reference to licenses issued under section 38 of the Arms 
Export Control Act shall be deemed to include a reference to 
licenses issued under section 414 of the Mutual Security Act of 
1954.
    (2) All determinations, authorizations, regulations, 
orders, contracts, agreements, and other actions issued, 
undertaken, or entered into under section 414 of the Mutual 
Security Act of 1954 shall continue in full force and effect 
until modified, revoked, or superseded by appropriate 
authority.
           * * * * * * *
    Sec. 217.\4\ Report on Sales of Excess Defense Articles * * 
* [Repealed--1978]
---------------------------------------------------------------------------
    \4\ Sec. 29(c)(1) of the International Security Assistance Act of 
1978 (Public Law 95-384; 92 Stat. 747) repealed secs. 217 and 218.
---------------------------------------------------------------------------
    Sec. 218.\4\ Study of the Effects of Arms Export Control 
Provisions * * * [Repealed--1978]
           * * * * * * *
    Sec. 404.\5\ Limitation on Certain Assistance to and 
Activities in Angola * * * [Repealed--1980]
---------------------------------------------------------------------------
    \5\ Sec. 118(e) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3141) repealed 
sec. 404.
---------------------------------------------------------------------------
    Sec. 405.\6\ Soviet Intervention in Angola * * * 
[Repealed--1993]
---------------------------------------------------------------------------
    \6\ Sec. 703 of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 
2317) repealed sec. 405.
---------------------------------------------------------------------------
    Sec. 406.\7\ Limitations on Economic Assistance, Military 
Assistance, Sales, and Sales Credits for Chile * * * 
[Repealed--1981]
---------------------------------------------------------------------------
    \7\ Sec. 726(a) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1554) repealed 
sec. 406, which had prohibited military assistance, sales, the issuance 
of export licenses under the Arms Export Control Act, Economic Support 
Fund aid, and peacekeeping programs for Chile and had placed conditions 
and limitations on economic assistance for Chile during the transition 
quarter and fiscal year 1977. While sec. 726 lifted this prohibition, 
it also imposed certain conditions and restrictions on future U.S. aid 
to Chile.
---------------------------------------------------------------------------

             control of military forces in the indian ocean

    Sec. 407.\8\ It is the sense of Congress that the President 
should undertake to enter into negotiations with the Soviet 
Union intended to achieve an agreement limiting the deployment 
of naval, air, and land forces of the Soviet Union and the 
United States in the Indian Ocean and littoral countries. Such 
negotiations should be convened as soon as possible and should 
consider, among other things, limitations with respect to--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2151 note. 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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 2291 note.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                    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.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 2293 note.
---------------------------------------------------------------------------

                           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.
---------------------------------------------------------------------------
          * * * * * * *

                                 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.
---------------------------------------------------------------------------

                     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.
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 2162 note.
---------------------------------------------------------------------------
    (b) The aggregate total of credits, including 
participations in credits, extended pursuant to the Arms Export 
Control Act and of the principal amount of loans guaranteed 
pursuant to section 24(a) of such Act during the period 
beginning July 1, 1976, and ending September 30, 1976, may not 
exceed an amount equal to one-fourth of the amount authorized 
by section 31(b) of such Act to be extended and guaranteed for 
the fiscal year 1976.
    Sec. 507.\15\ Base Agreements With Spain, Greece, and 
Turkey * * * [Repealed--1981]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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

                            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.
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 2751 note.
---------------------------------------------------------------------------
          * * * * * * *

                     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.
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 2394a.
---------------------------------------------------------------------------

              extension of airport at pinecreek, minnesota

    Sec. 608. The consent of Congress is hereby granted for the 
State of Minnesota or a subdivision or instrumentality thereof 
to enter into an agreement with the Government of Canada, a 
Canadian Province, or a subdivision or instrumentality of 
either, providing for the extension of the Pinecreek Airport at 
Pinecreek, Minnesota, into the Province of Manitoba, Canada, 
and the operation of the airport by a joint Canadian-American 
airport authority. The effectiveness of such agreement shall be 
conditioned on its approval by the Secretary of State.
     (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.
---------------------------------------------------------------------------
          * * * * * * *

                   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.
---------------------------------------------------------------------------
    \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'.''.
---------------------------------------------------------------------------

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

``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).
---------------------------------------------------------------------------

    ``(b) Limitations.--
---------------------------------------------------------------------------

  ``(1) The authority provided by subsection (a) may be exercised only to 
implement multilateral official debt relief and referendum agreements, 
commonly referred to as `Paris Club Agreed Minutes'.

  ``(2) The authority provided by subsection (a) may be exercised only in 
such amounts or to such extent as is provided in advance by appropriations 
Acts.

  ``(3) The authority provided by subsection (a) may be exercised only with 
respect to countries with heavy debt burdens that are eligible to borrow 
from the International Development Association, but not from the 
International Bank for Reconstruction and Development, commonly referred to 
as `IDA-only' countries.
---------------------------------------------------------------------------

    ``(c) Conditions.--The authority provided by subsection (a) may be 
exercised only with respect to a country whose government--
---------------------------------------------------------------------------

  ``(1) does not have an excessive level of military expenditures;

  ``(2) has not repeatedly provided support for acts of international 
terrorism;

  ``(3) is not failing to cooperate on international narcotics control 
matters;

  ``(4) (including its military or other security forces) does not engage 
in a consistent pattern of gross violations of internationally recognized 
human rights; and

  ``(5) is not ineligible for assistance because of the application of 
section 527 of the Foreign Relations Authorization Act, Fiscal Years 1994 
and 1995.
---------------------------------------------------------------------------

    ``(d) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to the funds appropriated by this Act 
under the heading `Debt Restructuring'.
    ``(e) Certain Prohibitions Inapplicable.--A reduction of debt 
pursuant to subsection (a) shall not be considered assistance for the 
purposes of any provision of law limiting assistance to a country. The 
authority provided by subsection (a) may be exercised notwithstanding 
section 620(r) of the Foreign Assistance Act of 1961 or section 321 of 
the International Development and Food Assistance Act of 1975.''.
---------------------------------------------------------------------------

 participation by other countries in providing assistance to israel or 
                                 egypt

    Sec. 322. It is the sense of the Senate that the President 
should attempt to negotiate an equitable share of participation 
by the countries of Western Europe, Japan, and the United 
Nations in providing assistance to Israel or Egypt.
                  (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]
---------------------------------------------------------------------------
    \1\ Sec. 734(a)(8) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 3, which had prohibited the use of funds during fiscal year 1975 
to procure agricultural fertilizers for South Vietnam and set a ceiling 
for the procurement of such fertilizers in future years for South 
Vietnam.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 17.\2\ Review of Military Assistance Program * * * 
[Repealed--1978]
---------------------------------------------------------------------------
    \2\ Sec. 29(c)(4) of the International Security Assistance Act of 
1978 (Public Law 95-384; 92 Stat. 747) repealed sec. 17.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 25.\3\ Limitation Upon Assistance to or for Chile * * 
* [Repealed--1981]
---------------------------------------------------------------------------
    \3\ Sec. 734(a)(8) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 25, which had limited assistance to Chile during fiscal year 1975 
to $25,000,000 (which could not include military aid or security 
supporting assistance).
---------------------------------------------------------------------------
    Sec. 26.\4\ Limitation on Military Assistance and Excess 
Defense Articles to Korea * * * [Repealed--1981]
---------------------------------------------------------------------------
    \4\ Sec. 734(a)(8) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-118; 95 Stat. 1560) repealed 
sec. 26, which had set a ceiling of $145,000,000 in military assistance 
and $165,000,000 in excess defense articles for Korea during fiscal 
year 1975.
---------------------------------------------------------------------------
    Sec. 27.\5\ Limitation on Assistance for India * * * 
[Repealed--1981]
---------------------------------------------------------------------------
    \5\ Sec. 734(a)(8) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113 95 Stat. 1560) repealed sec. 
27, which had set a limit of $50,000,000 in economic and military 
assistance for India during fiscal year 1975.
---------------------------------------------------------------------------

                       famine or disaster relief

    Sec. 28.\6\ (a) * * *
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2399 note.
---------------------------------------------------------------------------
    (b) Of the funds appropriated to carry out section 639 of 
the Foreign Assistance Act of 1961, during fiscal year 1975 not 
less than $25,000,000 shall be made available to Cyprus for the 
purposes of such section 639.
          * * * * * * *
    Secs. 34-40.\7\ * * * [Repealed--1976]
---------------------------------------------------------------------------
    \7\ Sec. 413(a) of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 761) repealed 
secs. 34, 35, 36, 37, 38, 39, and 40, all relating to U.S. Policy in 
Indochina.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 43.\8\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \8\ Sec. 734(a)(8) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 43, which had prohibited the use of funds authorized by this Act 
from supporting the construction, operation, maintenance, or the supply 
of fuel for any nuclear powerplant in Israel or Egypt.
---------------------------------------------------------------------------
          * * * * * * *

                       gorgas memorial institute

    Sec. 47. The first section of the Act entitled ``An Act to 
authorize a permanent annual appropriation for the maintenance 
and operation of the Gorgas Memorial'', approved May 7, 
1928,\9\ is amended by striking out ``$500,000'' and inserting 
``$2,000,000'' in lieu thereof.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 278.
---------------------------------------------------------------------------

     international commission of control and supervision in vietnam

    Sec. 48.\10\ (a) There are authorized to be appropriated to 
the Department of State for fiscal year 1975 not to exceed 
$16,526,000 for payments by the United States to help meet 
expenses of the International Commission of Control and 
Supervision in Vietnam. Funds appropriated under this 
subsection are authorized to be made available for 
reimbursement to the Agency for International Development of 
amounts expended by the Agency during fiscal year 1975 as 
interim United States payments to help meet expenses of the 
International Commission of Control and Supervision.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 2431 note.
---------------------------------------------------------------------------
    (b) There are authorized to be appropriated to the 
Department of State not to exceed $11,200,000 for reimbursement 
to the Agency for International Development of amounts expended 
by the Agency for International Development to help meet 
expenses of the International Commission on Control and 
Supervision in fiscal year 1974.
    (c) Reimbursements received by the Agency for International 
Development under this section may be credited to applicable 
appropriations of the Agency and shall be available for the 
purposes for which such appropriations are authorized to be 
used during fiscal year 1975.
    Sec. 49.\11\ Policy on Assistance to Africa * * * 
[Repealed--1981]
---------------------------------------------------------------------------
    \11\ Sec. 734(a)(8) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 49, which had required a report from the President on action taken 
to provide the developing countries of Africa with an equitable share 
of U.S. economic assistance.
---------------------------------------------------------------------------

  policy on the independence of angola, mozambique, and guinea-bissau

    Sec. 50.\12\ (a)(1) Congress finds that the Government of 
Portugal's recognition of the right to independence of the 
African territories of Angola, Mozambique, and Guinea-Bissau 
marks a significant advance toward the goal of self-
determination for all the peoples of Africa, without which 
peace on the continent is not secure.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 2166 note.
---------------------------------------------------------------------------
    (2) Congress finds that progress toward independence for 
the Portuguese African territories will have a significant 
impact on the international organizations and the community of 
nations.
    (3) Congress commends the Portuguese Government's 
initiatives on these fronts as evidence of a reaffirmation of 
that Government's support for her obligations under both the 
United Nations Charter and the North Atlantic Treaty 
Organizations.
    (b) Therefore, Congress calls upon the President and the 
Secretary of State to take the following actions designed to 
make clear United States support for a peaceful and orderly 
transition to independence in the Portuguese African 
territories:
          (1) An official statement should be issued of United 
        States support for the independence of Angola, 
        Mozambique, and Guinea-Bissau, and of our desire to 
        have good relations with the future governments of the 
        countries.
          (2) It should be made clear to the Government of 
        Portugal that we view the efforts toward a peaceful and 
        just settlement of the conflict in the African 
        territories as consistent with Portugal's obligations 
        under the North Atlantic Treaty Organization 
        partnership.
          (3) The United States should encourage United Nations 
        support for a peaceful transition to independence, 
        negotiated settlement of all differences, and the 
        protection of human rights of all citizens of the three 
        territories.
          (4) The United States should open a dialog with 
        potential leaders of Angola, Mozambique, and Guinea-
        Bissau and assure them of our commitment to their 
        genuine political and economic independence.
          (5) The economic development needs of the three 
        territories will be immense when independence is 
        achieved. Therefore, it is urged that the United States 
        Agency for International Development devote attention 
        to assessing the economic situation in Angola, 
        Mozambique, and Guinea-Bissau and be ready to cooperate 
        with the future governments in providing the kind of 
        assistance that will help make their independence 
        viable. In addition, the United States Government 
        should take the initiative among other donors, both 
        bilateral and multilateral, in seeking significant 
        contribution of development assistance for the three 
        territories.
          (6) In light of the need of Angola, Mozambique, and 
        Guinea-Bissau for skilled and educated manpower, a 
        priority consideration should be given to expanding 
        current United States programs of educational 
        assistance to the territories as a timely and 
        substantive contribution to their independence.
    (c) \13\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \13\ Sec. 734(a)(8) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
subsec. (c), which had required a report from the President on the 
implementation of the proposals outlined in subsec. (b). The President 
submitted this report to Congress on June 4, 1975.
---------------------------------------------------------------------------

                        conventional arms trade

    Sec. 51.\14\ (a) It is the sense of the Congress that the 
recent growth in international transfers of conventional arms 
to developing nations--
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 2551 note.
---------------------------------------------------------------------------
          (1) is a cause for grave concern for the United 
        States and other nations in that in particular areas of 
        the world it increases the danger of potential violence 
        among nations, and diverts scarce world resources from 
        more peaceful uses; and
          (2) could be controlled progressively through 
        negotiations and agreements among supplier and 
        recipient nations.
    (b) Therefore, the President is urged to propose to the 
Geneva Conference of the Committee on Disarmament that it 
consider as a high priority agenda item discussions among 
participating nations of that Conference for the purposes of--
          (1) agreeing to workable limitations on conventional 
        arms transfers; and
          (2) establishing a mechanism through which such 
        limitations could be effectively monitored.
    (c) \15\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \15\ Sec. 734(a)(8) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
subsec. (c), which had required a report from the President on steps he 
has taken to carry out this section. The President submitted this 
report on June 30, 1975.
---------------------------------------------------------------------------

      involvement of puerto rico in the caribbean development bank

    Sec. 52. (a) The President may transmit to the Caribbean 
Development Bank an instrument stating that the Commonwealth of 
Puerto Rico has the authority to conclude an agreement of 
accession with such Bank and to assume rights and obligations 
pursuant to such agreement. However, such agreement may only be 
concluded after it has been approved by the United States 
Secretary of State.
    (b) The instrument transmitted by the President to the 
Caribbean Development Bank under subsection (a) shall state 
that the United States shall not assume any financial or other 
responsibility for the performance of any obligation incurred 
by the Commonwealth of Puerto Rico pursuant to such agreement 
of accession or pursuant to any other aspect of its membership 
or participation in such Bank.
    (c) Such agreement of accession shall provide that the 
Commonwealth of Puerto Rico may not receive from the Caribbean 
Development Bank any funds provided to the Bank by the United 
States.
          * * * * * * *

   policy with respect to countries most seriously affected by food 
                               shortages

    Sec. 55.\16\ (a) The United Nations has designated thirty-
two countries as ``Most Seriously Affected'' by the current 
economics crisis. These are countries without the internal food 
production capability or the foreign exchange availability to 
secure food to meet their immediate food requirements. The 
Congress calls upon the President and Secretary of State to 
take the following actions designed to mobilize appropriate 
resources to meet the food emergency:
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 2175 note.
---------------------------------------------------------------------------
          (1) Review and make appropriate adjustments in the 
        level of programming of our food and fertilizer 
        assistance programs with the aim of increasing to the 
        maximum extent feasible the volume of food and 
        fertilizer available to those countries most seriously 
        affected by current food shortages.
          (2) Call upon all traditional and potential new 
        donors of food, fertilizer, or the means financing 
        these commodities to immediately increase their 
        participation in efforts to address the emergency food 
        needs of the developing world.
          (3) Make available to these most seriously affected 
        countries the maximum feasible volume of food 
        commodities, with appropriate regard to the current 
        domestic price and supply situations.
          (4) Maintain regular and full consultation with the 
        appropriate committees of the Congress and report to 
        the Congress and the Nation on steps which are being 
        taken to help meet this food emergency. In accordance 
        with this provision, the President shall report to the 
        Congress on a global assessment of food needs for 
        fiscal year 1975, specifying expected food grain 
        deficits and currently planned programming of food 
        assistance, and steps which are being taken to 
        encourage other countries to increase their 
        participation in food assistance or the financing of 
        food assistance. Such report should reach the Congress 
        promptly and should be supplemented quarterly for the 
        remainder of fiscal year 1975.
          (5) The Congress directs that during the fiscal year 
        ending June 30, 1975, not more than 30 percent of 
        concessional food aid should be allocated to countries 
        other than those which are most seriously affected by 
        current food shortages, unless the President 
        demonstrates to the appropriate Committees of the 
        Congress that use of such food assistance is solely for 
        humanitarian food purposes.
          (6) The Congress calls upon the President to proceed 
        with the implementation of resolutions and 
        recommendations adopted by the World Food Conference. 
        The Congress believes that it is incumbent upon the 
        United States to take a leading role in assisting in 
        the development of a viable and coherent world food 
        policy which would begin the task of alleviating 
        widespread hunger and suffering prevalent in famine-
        stricken nations. The President shall report to the 
        Congress within 120 days of enactment of this Act on 
        the implementation of the resolutions and the extent to 
        which the United States is participating in the 
        implementation of resolutions adopted at the World Food 
        Conference.

                     repayment of loans in default

    Sec. 56.\17\ It is the sense of the Congress that any 
country receiving assistance under the Foreign Assistance Act 
of 1961 which is in default, at least 90 days prior to the date 
of enactment of this Act, of any payment of principal or 
interest due on any loan or credit received from the United 
States shall promptly pay all such principal and interest. It 
is further the sense of the Congress that the President shall 
promptly enter into negotiations with each such country to help 
effectuate the payment of such principal and interest, or to 
effectuate the transfer by such country to the United States of 
goods, services, concessions, or actions beneficial to the 
United States, in lieu of the payment of such principal and 
interest.
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 2379 note.
                  (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.
---------------------------------------------------------------------------
    Sec. 29.\3\ * * * [Repealed--1974]
---------------------------------------------------------------------------
    \3\ Sec. 29(b) of the FA Act of 1974 (Public Law 93-559) repealed 
sec. 29 relating to access to certain military bases abroad.
---------------------------------------------------------------------------

                      termination of indochina war

    Sec. 30.\1\ No funds authorized or appropriated under this 
or any other law may be expended to finance military or 
paramilitary operations by the United States in or over 
Vietnam, Laos, or Cambodia.

                       limitation on use of funds

    Sec. 31.\1\ No funds authorized or appropriated under any 
provision of law shall be made available for the purpose of 
financing directly or indirectly any military or paramilitary 
combat operations by foreign forces in Laos, Cambodia, North 
Vietnam, South Vietnam, or Thailand unless (1) such operations 
are conducted by the forces of that government receiving such 
funds within the borders of that country, or (2) specifically 
authorized by law enacted after the date of enactment of this 
Act.

                          political prisoners

    Sec. 32.\4\ It is the sense of Congress that the President 
should deny any economic or military assistance to the 
government of any foreign country which practices the 
internment or imprisonment of that country's citizens for 
political purposes.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

                       albert schweitzer hospital

    Sec. 33.\4\ There is authorized to be appropriated to the 
President for fiscal year 1974 $1,000,000 \5\ to make grants, 
on such terms and conditions as he may specify, to the Albert 
Schweitzer Hospital in Gabon.
---------------------------------------------------------------------------
    \5\ The Foreign Assistance and Related Programs Appropriations Act, 
1974 (Public Law 93-240; 87 Stat. 1175), appropriated $1,000,000.
---------------------------------------------------------------------------

           prisoners of war and individuals missing in action

    Sec. 34.\4\ (a) The Congress declares that--
          (1) the families of those one thousand three hundred 
        individuals missing in action during the Indochina 
        conflict have suffered extraordinary torment in 
        ascertaining the full and complete information about 
        their loved ones who are formally classified as missing 
        in action;
          (2) United States involvement in the Indochina 
        conflict has come to a negotiated end with the signing 
        of the Vietnam Agreement in Paris on January 27, 1973, 
        and section 307 of the Second Supplemental 
        Appropriations Act, 1973, requires that ``None of the 
        funds herein appropriated under this Act may be 
        expended to support directly or indirectly combat 
        activities in or over Cambodia, Laos, North Vietnam and 
        South Vietnam or off the shores of Cambodia, Laos, 
        North Vietnam and South Vietnam by United States 
        forces, and after August 15, 1973, no other funds 
        heretofore appropriated under any other Act may be 
        expended for such purpose.'';
          (3) the question of the return of prisoners of war 
        and accounting for individuals missing in action and 
        dead in Laos is covered by article 18 of the Protocol 
        signed by representatives of the Lao Patriotic Front 
        (Pathet Lao) and the Royal Laotian Government in 
        Vientiane on September 14, 1973 (which implements 
        article 5 of the Agreement signed by the Pathet Lao and 
        that government in Vientiane on February 21, 1973, 
        requiring the release of all prisoners ``regardless of 
        nationality'' captured and held in Laos), and paragraph 
        C of such article 18 provides that, within ``15 to 30 
        days'' from the date of the signing of the Protocol, 
        each side is to report the number of those prisoners 
        and individuals still held, with an indication of their 
        nationality and status, together with a list of names 
        and any who died in captivity; and
          (4) few of the United States men lost in Laos during 
        the military engagements in Indochina have been 
        returned, and with knowledge about many of these men 
        not yet being fully disclosed, and the North Vietnam 
        cease-fire provisions calling for inspection of crash 
        and grave sites and for other forms of cooperation have 
        not been fully complied with.
    (b) It is, therefore, the sense of the Congress that--
          (1) the provisions for the release of prisoners and 
        an accounting of individuals missing and dead, as 
        provided for in article 18 of the Protocol signed on 
        September 14, 1973, by the Pathet Lao and the Royal 
        Laotian Government, be adhered to in spirit and in 
        deed; and
          (2) the faithful compliance with the spirit of the 
        Laotian Agreement and Protocol on the question of 
        individuals missing in action will encourage all 
        parties in Indochina to cooperate in providing complete 
        information on all nationals of any nation who may be 
        captured or missing at any place in Indochina.

                            rights in chile

    Sec. 35.\6\ It is the sense of the Congress that (1) the 
President should request the Government of Chile to protect the 
human rights of all individuals, Chilean and foreign, as 
provided in the Universal Declaration of Human Rights, the 
Convention and Protocol Relating the Status of Refugees, and 
other relevant international legal instruments guaranteeing the 
granting of asylum, safe conduct, and the humane treatment or 
release of prisoners; (2) the President should support 
international humanitarian initiatives by the United Nations 
High Commissioner for Refugees and the International Committee 
of the Red Cross to insure the protection and safe conduct and 
resettlement of political refugees, the humane treatment of 
political prisoners, and the full inspection of detention 
facilities under international auspices; (3) the President 
should support and facilitate efforts by voluntary agencies to 
meet emergency relief needs; and (4) the President should 
request of the Inter-American Commission on Human Rights to 
undertake an immediate inquiry into recent events occurring in 
Chile.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

            revision of social progress trust fund agreement

    Sec. 36.\7\ (a) The President or his delegate shall seek, 
as soon as possible, a revision of the Social Progress Trust 
Fund Agreement (dated June 19, 1961) between the United States 
and the Inter-American Development Bank. Such revision should 
provide for the--\8\
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 1942 note.
    \8\ Sec. 586 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by 
reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), 
authorized the President to abolish the Inter-American Foundation and 
made conforming amendments to legislation related to the Inter-American 
Foundation to reflect the abolishment. These amendments are to be 
effective and executed only after the Director of the Office of 
Management and Budget transmits to Congress a certification that 
responsibilities delegated to the Director, primarily that of 
administering and winding-up any outstanding obligations of the Inter-
American Foundation, have been fully discharged.
    That certification and subsequent administration have not yet been 
executed. Upon execution of these requirements, sec. 586(h)(2)(A)(i) of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec. 
1000(a)(2) of Public Law 106-113; 113 Stat. 1535), will strike out 
``provide for the--'' at this point, strike out para. (1), and strike 
out para. designation ``(2)''.
---------------------------------------------------------------------------
          (1) \8\ periodic transfer of unencumbered capital 
        resources of such trust fund, and of any future 
        repayments or other accruals otherwise payable to such 
        trust fund, to the Inter-American Foundation, to be 
        administered by the Foundation for purposes of part IV 
        of the Foreign Assistance Act of 1969 (22 U.S.C. 290f 
        and following);
          (2) utilization of such unencumbered capital 
        resources, future repayments, and other accruals by the 
        Inter-American Development Bank for purposes of 
        sections 1 and 2 of the Latin American Development Act 
        \9\ (22 U.S.C. 1942 and 1943) in such a way that the 
        resources received in the currencies of the more 
        developed member countries are utilized to the extent 
        possible for the benefit of the lesser developed member 
        countries; or
---------------------------------------------------------------------------
    \9\ For text, see Legislation on Foreign Relations Through 2008, 
vol. I-B.
---------------------------------------------------------------------------
          (3) \10\ both the transfer described in paragraph (1) 
        and the utilization described in paragraph (2).
---------------------------------------------------------------------------
    \10\ Sec. 586(h)(2)(A)(ii) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2000 (H.R. 3422, 
enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 113 
Stat. 1535), will strike out para. (3), upon execution of that 
section's requirements.
---------------------------------------------------------------------------
    (b) Any transfer or \11\ utilization under this section 
shall be in such proportions as may be agreed to between the 
United States and the Inter-American Development Bank.
---------------------------------------------------------------------------
    \11\ Sec. 586(h)(2)(B) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by 
reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), 
will strike out ``transfer or'' upon execution of that section's 
requirements. Sec. 586(h)(2)(C) of that Act will strike out subsec. 
(c), upon execution of that section's requirements, and will 
redesignate subsec. (d) as subsec. (c).
---------------------------------------------------------------------------
    (c) \11\ Any transfer under subsection (a)(1) shall be in 
the amounts, and in available currencies, determined in 
consultation with the Inter-American Foundation, to be required 
for its program purposes.''.
    (d) \11\ The revision of the Social Progress Trust Fund 
Agreement pursuant to this section shall provide that the 
President or his delegate shall specify, from time to time, 
after consultation with the Inter-American Development Bank, 
the particular currencies to be used in making the transfer of 
\11\ utilization described in the section.
    (e) \12\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \12\ Sec. 734(a)(9) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
subsec. (e), which had required a report from the President on his 
action taken pursuant to this section. The President submitted this 
report on January 3, 1974.
---------------------------------------------------------------------------
    Sec. 37.\13\ Prohibition on Assistance to North Vietnam * * 
* [Repealed--1981]
---------------------------------------------------------------------------
    \13\ Sec. 734(a)(9) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 37, which had prohibited the use of funds authorized in this Act 
(fiscal year 1974) for assistance to North Vietnam.
---------------------------------------------------------------------------
    Sec. 38.\14\ Report Concerning Certain Use of Military 
Assistance in Africa * * * [Repealed--1981]
---------------------------------------------------------------------------
    \14\ Sec. 734(a)(9) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 38, which had required the President to make a determination with 
respect to the use, if any, by any non-African country in support of 
its military activities in its African territories of U.S. economic 
military, or food assistance. The President submitted this 
determination to Congress on May 3, 1974.
---------------------------------------------------------------------------

                          world food shortages

    Sec. 39.\15\ (a) It is the sense of the Congress that the 
United States should participate fully in efforts to alleviate 
current and future food shortages which threaten the world. To 
this end, the President shall--
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 2220 note.
---------------------------------------------------------------------------
          (1) encourage, support, and expedite studies relating 
        to the long-range implications of the world food 
        situation (including studies of national and world 
        production, distribution, and utilization of 
        agricultural commodities and other foodstuffs) and 
        support the organizing of a world food conference under 
        United Nations auspices in 1974;
          (2) request the member nations of the General 
        Agreement on Tariffs and Trade to explore the means of 
        assuring equitable access by all nations to national 
        markets and mineral and agricultural resources;
          (3) Consult and cooperate with appropriate 
        international agencies, such as the Food and 
        Agricultural Organization of the United Nations, in 
        determining the need for, the feasibility of, and cost 
        of an equitably-shared basis of, establishing an 
        international system of strategic food reserves; and
          (4) report his findings and recommendations to the 
        Congress on the implementation of this section no later 
        than December 31, 1974.
    (b) It is further the sense of the Congress that--
          (1) in making assessments which would affect or 
        relate to the level of domestic production, the 
        Executive Branch should include in the estimates of 
        overall utilization the expected demands for 
        humanitarian food assistance through such programs as 
        are carried out under the Agricultural Trade 
        Development and Assistance Act of 1954 (Public Law 
        480); \16\ and
---------------------------------------------------------------------------
    \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'.''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 304. * * *
    (c) * * *
    (3) The provisions of this subsection \2\ and section 657 
of such Act, as added by subsection (b) of this Act, shall 
apply with respect to each fiscal year commencing on or after 
July 1, 1971.
---------------------------------------------------------------------------
    \2\ This subsection provided that the definition of ``Value'' 
appearing in sec. 644(m) was not applicable when the word ``Value'' was 
used in sec. 657.
---------------------------------------------------------------------------

                   PART IV--MISCELLANEOUS PROVISIONS

          * * * * * * *
    Sec. 403. Paragraph (9) of section 5314 of title 5, United 
States Code, relating to level III of the Executive Schedule, 
is amended by inserting before the period at the end thereof 
the following: ``and an Under Secretary of State for 
Coordinating Security Assistance Programs''.
          * * * * * * *
    Sec. 407.\3\ (a) It is the purpose of this section to 
enable the Congress generally, and the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of 
the House of Representatives in particular, to carry out the 
purposes and intent of the Legislative Reorganization Acts of 
1946 and 1970, with respect to--
---------------------------------------------------------------------------
    \3\ See also sec. 15 of the State Department Basic Authorities Act 
of 1956 (Public Law 84-885; 70 Stat. 890), and sec. 701 of the United 
States Information and Education Exchange Act of 1948 (Public Law 80-
402; 62 Stat. 6), in Legislation on Foreign Relations Through 2008, 
vol. II-A.
---------------------------------------------------------------------------
          (1) the analysis, appraisal, and evaluation of the 
        application, administration, and execution of the laws 
        relating to the Department of State and the United 
        States Information Agency and of matters relating to 
        the foreign relations of the United States; and
          (2) providing periodic authorizations of 
        appropriations for that Department and Agency.
          * * * * * * *
    Sec. 410.\4\ The Congress strongly urges the President to 
undertake such negotiations as may be necessary to implement 
that portion of the recommendations of the Report of the 
President's Commission for the Observance of the Twenty-fifth 
Anniversary of the United Nations (known as the ``Lodge 
Commission'') which proposes that the portion of the regular 
assessed costs to be paid by the United States to the United 
Nations be reduced so that the United States is assessed in 
each year not more than 25 per centum of such costs assessed 
all members of the United Nations for that year.
---------------------------------------------------------------------------
    \4\ See also Appropriations Limitation on Contributions to 
International Organizations (Public Law 92-544; 86 Stat. 1109), 
Legislation on Foreign Relations Through 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.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2302 note.
---------------------------------------------------------------------------
    Sec. 4. Except as otherwise provided in this Act, any 
assistance furnished out of funds appropriated under section 2 
of this Act and any transfer made under section 3 of this Act 
shall be furnished or transferred, as the case may be, in 
accordance with all of the purposes and limitations applicable 
by statute to that type of assistance or transfer under the 
Foreign Assistance Act of 1961 (including the provisions of 
section 652 of such Act, as added by section 8 of this Act).
          * * * * * * *
    Sec. 6. (a) * * *
    (b) \2\ Excess foreign currencies held in Pakistan not 
allocated on the date of enactment of this section are 
authorized to be appropriated for a period of one year from 
such date of enactment to help Pakistan withstand the disaster 
which has occurred.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2261 note.
---------------------------------------------------------------------------
    Sec. 7.\3\ (a) In line with the expressed intention of the 
President of the United States, none of the funds authorized or 
appropriated pursuant to this or any other Act may be used to 
finance the introduction of United States ground combat troops 
into Cambodia, or to provide United States advisers to or for 
military, paramilitary, police, or other security or 
intelligence forces \4\ in Cambodia.
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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.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2751 note.
---------------------------------------------------------------------------
    Sec. 6.\1\ It is the sense of the Congress that--
          (1) the President should immediately institute a 
        thorough and comprehensive review of the military aid 
        programs of the United States, particularly with 
        respect to the military assistance and sales operations 
        of the Department of Defense, and
          (2) the President should take such actions as may be 
        appropriate--
                  (A) to initiate multilateral discussions 
                among the United States, the Union of Soviet 
                Socialist Republics, Great Britain, France, 
                West Germany, Italy and other countries on the 
                control of the worldwide trade in armaments,
                  (B) to commence a general debate in the 
                United Nations with respect to the control of 
                the conventional arms trade, and
                  (C) to use the power and prestige of his 
                office to signify the intention of the United 
                States to work actively with all nations to 
                check and control the international sales and 
                distribution of conventional weapons of death 
                and destruction.
    Sec. 7.\2\ * * *
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    \2\ Sec. 734(a)(15) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 7, which prohibited the sale, grant, loan, or transfer of any 
international fighter aircraft by the United States to any foreign 
country other than South Vietnam without specific authorization made in 
accordance with the Foreign Assistance Act of 1961 or the Foreign 
Military Sales Act.
---------------------------------------------------------------------------
    Sec. 8.\3\ (a) \4\ * * * [Repealed--1976]
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2321b.
    \4\ Sec. 210(c)(2) of the International Security Assistance and 
Arms Export Control Act of 1976 struck out subsecs. (a), (b), (c), and 
(e) of sec. 8, which related to excess defense articles. Sec. 210(c)(2) 
further stated, ``All funds in the suspense account referred to in 
subsection (a) of such section on July 1, 1976, shall be transferred to 
the general fund of the Treasury.''.
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    (b) \4\ * * * [Repealed--1976]
    (c) \4\ * * * [Repealed--1976]
    (d) The President shall promptly and fully inform the 
Speaker of the House of Representatives and the Committee on 
Foreign Relations and the Committee on Appropriations of the 
Senate of each decision to furnish on a grant basis to any 
country excess defense articles which are major weapons systems 
to the extent such major weapons system was not included in the 
presentation material previously submitted to the Congress. The 
annual presentation materials for security assistance programs 
shall include a table listing by country the total value of all 
deliveries of excess defense articles, disclosing both the 
aggregate original acquisition cost and the aggregate value at 
the time of delivery.\5\
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    \5\ This report, which was originally required on a quarterly 
basis, was changed to an annual report by sec. 29(a) of the 
International Security Assistance Act of 1978 (Public Law 95-384; 92 
Stat. 747).
---------------------------------------------------------------------------
    (e) \4\ * * * [Repealed--1976]
    Sec. 9.\6\ * * * [Repealed--1973]
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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.
---------------------------------------------------------------------------
    Sec. 10.\7\ (a) Notwithstanding any provision of law 
enacted before the date of enactment of this section, no money 
appropriated for foreign assistance (including foreign military 
sales) shall be available for obligation or expenditure--
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 2412.
---------------------------------------------------------------------------
          (1) unless the appropriation thereof has been 
        previously authorized by law; or
          (2) in excess of an amount previously prescribed by 
        law.
    (b) To the extent that legislation enacted after the making 
of an appropriation for foreign assistance (including foreign 
military sales) authorizes the obligation or expenditure 
thereof, the limitation contained in subsection (a) shall have 
no effect.
    (c) The provisions of this section shall not be superseded 
except by a provision of law enacted after the date of 
enactment of this section which specifically repeals or 
modifies the provisions of this section.
    Sec. 11.\8\ For purposes of sections 8 and 9--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2321c.
---------------------------------------------------------------------------
          (1) ``defense article'' and ``excess defense 
        articles'' have the same meanings as given them in 
        section 644 (d) and (g), respectively, of the Foreign 
        Assistance Act of 1961; and
          (2) ``foreign country'' includes any department, 
        agency, or independent establishment of the foreign 
        country.
    Sec. 12. The joint resolution entitled ``Joint resolution 
to promote the maintenance of international peace and security 
in Southeast Asia'' approved August 10, 1964 (78 Stat. 384; 
Public Law 88-408), is terminated effective upon the day that 
the second session of the Ninety-first Congress is last 
adjourned.
    Sec. 13.\9\ No funds authorized or appropriated pursuant to 
this or any other law may be used to transport chemical 
munitions from the Island of Okinawa to the United States. Such 
funds as are necessary for the detoxification or destruction of 
the above described chemical munitions are hereby authorized 
and shall be used for the detoxification or destruction of 
chemical munitions only outside the United States. For purposes 
of this section, the term ``United States'' means the several 
States and the District of Columbia.
---------------------------------------------------------------------------
    \9\ 50 U.S.C. 1512 note.
            (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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (1) strengthen the bonds of friendship and 
        understanding among the peoples of this hemisphere;
          (2) support self-help efforts designed to enlarge the 
        opportunities for individual development;
          (3) stimulate and assist effective and ever wider 
        participation of the people in the development process;
          (4) encourage the establishment and growth of 
        democratic institutions, private and governmental, 
        appropriate to the requirements of the individual 
        sovereign nations of this hemisphere.
In pursuing these purposes, the Foundation shall place primary 
emphasis on the enlargement of educational opportunities at all 
levels, the production of food and the development of 
agriculture, and the improvement of environmental conditions 
relating to health, maternal and child care, family planning, 
housing, free trade union development, and other social and 
economic needs of the people.
    (c) The Foundation shall carry out the purposes set forth 
in subsection (b) of this section primarily through and with 
private organizations, individuals, and international 
organizations by undertaking or sponsoring appropriate research 
and by planning, initiating, assisting, financing, 
administering, and executing programs and projects designed to 
promote the achievement of such purposes.
    (d) In carrying out its functions under this section, the 
Foundation shall, to the maximum extent possible, coordinate 
its undertakings with the developmental activities in the 
Western Hemisphere of the various organs of the Organization of 
American States, the United States Government, international 
organizations, and other entities engaged in promoting social 
and economic development of Latin America.
    (e) The Foundation, as a corporation--
          (1) shall have perpetual succession unless sooner 
        dissolved by an Act of Congress;
          (2) may adopt, alter, and use a corporate seal, which 
        shall be judicially noticed;
          (3) may make and perform contracts and other 
        agreements with any individual, corporation, or other 
        body of persons however designated whether within or 
        without the United States of America, and with any 
        government or governmental agency, domestic or foreign;
          (4) \5\ shall determine and prescribe the manner in 
        which its obligations shall be incurred and its 
        expenses, including expenses for representation (not to 
        exceed $10,000 in any fiscal year), allowed and paid;
---------------------------------------------------------------------------
    \5\ Sec. 406(4) of the Foreign Assistance Act of 1971 (Public Law 
92-226; 86 Stat. 20) amended and restated sec. 401(e)(4). It formerly 
read as follows: ``(4) shall determine and prescribe the manner in 
which its obligations shall be incurred and its expenses allowed and 
paid;''.
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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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

``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.''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \13\ Sec. 501(c) of Public Law 97-241 (96 Stat. 297) added subsec. 
(u).
---------------------------------------------------------------------------
  (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).
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
  (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.
---------------------------------------------------------------------------

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

             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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                       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.''.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 269a note.
---------------------------------------------------------------------------

      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.''.
---------------------------------------------------------------------------

                     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.
---------------------------------------------------------------------------

 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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                             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.
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------

                               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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------

                             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.
---------------------------------------------------------------------------

          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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                          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.''.
---------------------------------------------------------------------------

                    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

  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.
---------------------------------------------------------------------------
    \29\ For text of the Millennium Challenge Act of 2003 (Public Law 
108-199), see page 623.
---------------------------------------------------------------------------

                       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.
---------------------------------------------------------------------------
    \30\ For text, see page 1083.
---------------------------------------------------------------------------

                     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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                       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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \34\ Title XI of the Supplemental Appropriations Act, 2009 (Public 
Law 111-32; 123 Stat. 1894), provided the following:
---------------------------------------------------------------------------

``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 \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                  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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                            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.
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------

  ``(I) the Bank determines that--

  ``(aa) the defense articles or service are nonlethal; and

  ``(bb) the primary end use of the defense articles or services will be 
for civilian purposes; and

  ``(II) at least 15 calendar days before the date on which the Board of 
Directors of the Bank gives final approval to Bank participation in the 
transaction, the Bank provides notice of the transaction to the Committees 
on Banking, Finance and Urban Affairs and on Appropriations of the House of 
Representatives and the Committees on Banking, Housing, and Urban Affairs 
and on Appropriations of the Senate.
---------------------------------------------------------------------------

    ``(ii) Not more than 10 percent of the loan, guarantee, and 
insurance authority available to the Bank for a fiscal year may be used 
by the Bank to support the sale of defense articles or services to 
which subparagraph (A) does not apply by reason of clause (i) of this 
subparagraph.
    ``(iii) Not later than September 1 of each fiscal year, the 
Comptroller General of the United States, in consultation with the 
Bank, shall submit to the Committees on Banking, Finance and Urban 
Affairs and on Appropriations of the House of Representatives and the 
Committees on Banking, Housing, and Urban Affairs and on Appropriations 
of the Senate a report on the end uses of any defense articles or 
services described in clause (i) with respect to which the Bank 
provided support during the second preceding fiscal year.''.
---------------------------------------------------------------------------

                         subsidy appropriation

    For the cost of direct loans, loan guarantees, insurance, 
and tied-aid grants as authorized by section 10 of the Export-
Import Bank Act of 1945, as amended, 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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                           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.
---------------------------------------------------------------------------
    \44\ Similar language was first enacted as sec. 504 of the Foreign 
Assistance Appropriations Act, 2006.
---------------------------------------------------------------------------

                          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.
---------------------------------------------------------------------------
    \47\ Language similar to that in subsecs. (c), (d), and (e) was 
first enacted as sec. 115 of the Foreign Assistance Appropriations Act, 
1978.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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):
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \69\ Similar language was first enacted in sec. 562 of the Foreign 
Assistance Appropriations Act, 1993.
---------------------------------------------------------------------------
    (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.--
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \77\ Language pertaining to the Arab League boycott of Israel was 
first enacted as sec. 598(b) of the Foreign Assistance Appropriations 
Act, 1993.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

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

    ``Sec. 2106. Not later than 60 days after the date of enactment of 
this Act, the President shall submit a report to the Congress 
detailing: (1) information regarding the Palestinian security services, 
including their numbers, accountability, and chains of command, and 
steps taken to purge from their ranks individuals with ties to 
terrorist entities; (2) specific steps taken by the Palestinian 
Authority to dismantle the terrorist infrastructure, confiscate 
unauthorized weapons, arrest and bring terrorists to justice, destroy 
unauthorized arms factories, thwart and preempt terrorist attacks, and 
cooperate with Israel's security services; (3) specific actions taken 
by the Palestinian Authority to stop incitement in Palestinian 
Authority-controlled electronic and print media and in schools, 
mosques, and other institutions it controls, and to promote peace and 
coexistence with Israel; (4) specific steps the Palestinian Authority 
has taken to further democracy, the rule of law, and an independent 
judiciary, and transparent and accountable governance; (5) the 
Palestinian Authority's cooperation with United States officials in 
investigations into the late Palestinian leader Yasser Arafat's 
finances; and (6) the amount of assistance pledged and actually 
provided to the Palestinian Authority by other donors: Provided, That 
not later than 180 days after enactment of this Act, the President 
shall submit to the Congress an update of this report: Provided 
further, That up to $5,000,000 of the funds made available for 
assistance for the West Bank and Gaza by this chapter under `Economic 
Support Fund' shall be used for an outside, independent evaluation by 
an internationally recognized accounting firm of the transparency and 
accountability of Palestinian Authority accounting procedures and an 
audit of expenditures by the Palestinian Authority.''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                         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.
---------------------------------------------------------------------------
    \89\ Language was first enacted as sec. 695 of the Foreign 
Assistance Appropriations Act, 2008.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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

``world hunger
---------------------------------------------------------------------------

    ``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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \118\ Similar language was first enacted as secs. 581 and 583 of 
the Foreign Assistance Appropriations Act, 2006.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \122\ 8 U.S.C. 1182 note. Similar language was first enacted as 
sec. 699L of the Foreign Assistance Appropriations Act, 2008.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \125\ Language related to disability programs was first enacted as 
sec. 579 of the Foreign Assistance Appropriations Act, 2005.
---------------------------------------------------------------------------
    (b) Funds appropriated under the heading ``Operating 
Expenses'' 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--
---------------------------------------------------------------------------
    \126\ Similar language was first enacted as sec. 594 of the Foreign 
Assistance Appropriations Act, 2006.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.


--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                           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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

            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.
---------------------------------------------------------------------------

  ``(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.
---------------------------------------------------------------------------
    \3\ Secs. 7062 and 7063 of Public Law 111-8 (123 Stat. 898) provide 
the following:
---------------------------------------------------------------------------

``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. (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.''.
---------------------------------------------------------------------------
          (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:
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.''.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------

              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\
---------------------------------------------------------------------------
    \9\ For text of the Bretton Woods Agreements Act, see Legislation 
on Foreign Relations Through 2008, vol. III.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------

                      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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \3\ Public Law 111-6 (123 Stat. 522) struck out ``March 6, 2009'' 
and inserted in lieu thereof ``March 11, 2009''.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \5\ Visa set-aside program (Public Law 102-395; 106 Stat. 1874).
---------------------------------------------------------------------------
          * * * * * * *
    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.
---------------------------------------------------------------------------
    \6\ For text, see Legislation on Foreign Relations Through 2008, 
vol. III.
---------------------------------------------------------------------------
          * * * * * * *
    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.
---------------------------------------------------------------------------
    \7\ Relating to Foreign Service Officers serving in Iraq and 
Afghanistan.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------

                        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


--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                           Note.--Fiscal year 2007 appropriations were continued into fiscal year 2008 in Public Law 110-92 (121
 
 
--------------------------------------------------------------------------------------------------------------------------------------------------------


   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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

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

    \2\ 22 U.S.C. 2706a.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 269a note.
---------------------------------------------------------------------------

        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:
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 269a note.
---------------------------------------------------------------------------

 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.
---------------------------------------------------------------------------
    \6\ 12 U.S.C. 635 note.
---------------------------------------------------------------------------

                         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.
---------------------------------------------------------------------------
    \7\ 12 U.S.C. 635a note.
---------------------------------------------------------------------------

                overseas private investment corporation

                           noncredit account

    The Overseas Private Investment Corporation is authorized 
to make, without regard to fiscal year limitations, as provided 
by 31 U.S.C. 9104, such expenditures and commitments within the 
limits of funds available to it and in accordance with law as 
may be necessary: Provided, That the amount available for 
administrative expenses to carry out the credit and insurance 
programs (including an amount for official reception and 
representation expenses which shall not exceed $35,000) shall 
not exceed $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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

                    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------

                           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.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 262h note.
---------------------------------------------------------------------------

                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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \16\ 50 U.S.C. 1701 note.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \18\ On August 28, 2008, the Secretary of State made this 
determination and certification (Department of State Public Notice 
6357; 73 F.R. 52720).
---------------------------------------------------------------------------
                  (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                    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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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'').
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 2651a note.
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

``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): 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
---------------------------------------------------------------------------

    ``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.''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \28\ 22 U.S.C. 3948 note.
---------------------------------------------------------------------------
    (b) Restrictions.--
          (1) The number of individuals hired in any fiscal 
        year pursuant to the authority contained in subsection 
        (a) may not exceed 175.
          (2) The authority to hire individuals contained in 
        subsection (a) shall expire on September 30, 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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \30\ On June 25, 2008, the Secretary of State exercised this waiver 
authority (Department of State Public Notice 6286; 73 F.R. 40007).
---------------------------------------------------------------------------

                          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.
---------------------------------------------------------------------------
    \31\ On February 29, 2008, the Deputy Secretary of State exercised 
this waiver authority (Department of State Public Notice 6139; 73 F.R. 
15041).
---------------------------------------------------------------------------

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)).
---------------------------------------------------------------------------
    \32\ Sec. 2 of Public Law 110-257 (122 Stat. 2426) inserted ``the 
African National Congress (ANC),'' after ``the Karenni National 
Progressive Party,''.
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \33\ 8 U.S.C. 1182 note.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \34\ 22 U.S.C. 2651a note.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \35\ On May 9, 2008, the Secretary of State exercised this waiver 
authority (Department of State Public Notice 6244; 73 F.R. 31908).
---------------------------------------------------------------------------

                           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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \37\ 8 U.S.C. 1182 note.
---------------------------------------------------------------------------
    (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
---------------------------------------------------------------------------

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

                        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.
---------------------------------------------------------------------------
    \1\ Chapter 6 of title I of Public Law 110-28 (121 Stat. 129) 
provided the following:
---------------------------------------------------------------------------

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

                          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.
---------------------------------------------------------------------------
    \2\ Chapter 8 of title I of Public Law 110-28 (121 Stat. 146) 
provided the following:
---------------------------------------------------------------------------

``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'', $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.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
    (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


--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                           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.
---------------------------------------------------------------------------

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

                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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                         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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

``withdrawal of foreign forces
---------------------------------------------------------------------------

    ``1. All Forces in Bosnia and Herzegovina as of the date this Annex 
enters into force which are not of local origin, whether or not they 
are legally and militarily subordinated to the Republic of Bosnia and 
Herzegovina, the Federation of Bosnia and Herzegovina, or Republika 
Srpska, shall be withdrawn together with their equipment from the 
territory of Bosnia and Herzegovina within thirty (30) days. 
Furthermore, all Forces that remain on the territory of Bosnia and 
Herzegovina must act consistently with the territorial integrity, 
sovereignty, and political independence of Bosnia and Herzegovina. In 
accordance with Article II, paragraph 1, this paragraph does not apply 
to UNPROFOR, the International Police Task Force referred to in the 
General Framework Agreement, the IFOR or other elements referred to in 
Article I, paragraph 1(c).
    ``2. In particular, all foreign Forces, including individual 
advisors, freedom fighters, trainers, volunteers, and personnel from 
neighboring and other States, shall be withdrawn from the Territory of 
Bosnia and Herzegovina in accordance with Article III, paragraph 1.''.
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 assistance for the independent states of the former soviet union \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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------

      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.
---------------------------------------------------------------------------
    \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'.''.
---------------------------------------------------------------------------

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

    ``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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                               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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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:
---------------------------------------------------------------------------

``limitation on assistance to the palestinean authority
---------------------------------------------------------------------------

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

                    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                       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.
---------------------------------------------------------------------------
    \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 * * *''.
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \97\ Similar language first enacted as sec. 563 of the Foreign 
Assistance Appropriations Act, 2003.
---------------------------------------------------------------------------
          (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:
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \99\ First enacted as sec. 568 of the Foreign Assistance 
Appropriations Act, 2002.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \100\ First enacted as sec. 584 of the Foreign Assistance 
Appropriations Act, 1999.
---------------------------------------------------------------------------

                       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.
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

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

    ``Sec. 2106. Not later than 60 days after the date of enactment of 
this Act, the President shall submit a report to the Congress 
detailing: (1) information regarding the Palestinian security services, 
including their numbers, accountability, and chains of command, and 
steps taken to purge from their ranks individuals with ties to 
terrorist entities; (2) specific steps taken by the Palestinian 
Authority to dismantle the terrorist infrastructure, confiscate 
unauthorized weapons, arrest and bring terrorists to justice, destroy 
unauthorized arms factories, thwart and preempt terrorist attacks, and 
cooperate with Israel's security services; (3) specific actions taken 
by the Palestinian Authority to stop incitement in Palestinian 
Authority-controlled electronic and print media and in schools, 
mosques, and other institutions it controls, and to promote peace and 
coexistence with Israel; (4) specific steps the Palestinian Authority 
has taken to further democracy, the rule of law, and an independent 
judiciary, and transparent and accountable governance; (5) the 
Palestinian Authority's cooperation with United States officials in 
investigations into the late Palestinian leader Yasser Arafat's 
finances; and (6) the amount of assistance pledged and actually 
provided to the Palestinian Authority by other donors: Provided, That 
not later than 180 days after enactment of this Act, the President 
shall submit to the Congress an update of this report: Provided 
further, That up to $5,000,000 of the funds made available for 
assistance for the West Bank and Gaza by this chapter under `Economic 
Support Fund' shall be used for an outside, independent evaluation by 
an internationally recognized accounting firm of the transparency and 
accountability of Palestinian Authority accounting procedures and an 
audit of expenditures by the Palestinian Authority.''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \102\ Popularly referred to as the Lautenberg amendment. For 
earliest version of this section, see sec. 573 of the Foreign 
Assistance Appropriations Act, 1998.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \103\ Similar language first enacted as sec. 596 of the Foreign 
Assistance Appropriations Act, 2001.
---------------------------------------------------------------------------

                           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.
---------------------------------------------------------------------------
    \104\ Sec. 576 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1997 (Public Law 104-208), as 
amended, provided the following:
---------------------------------------------------------------------------

``transparency of budgets
---------------------------------------------------------------------------

    ``Sec. 576. (a) Limitation.--Beginning three years after the date 
of the enactment of this Act, the Secretary of the Treasury shall 
instruct the United States Executive Director of each international 
financial institution to use the voice and vote of the United States to 
oppose any loan or other utilization of the funds of their respective 
institution, other than to address basic human needs, for the 
government of any country which the Secretary of the Treasury 
determines--
---------------------------------------------------------------------------

  ``(1) does not have in place a functioning system for reporting to 
civilian authorities audits of receipts and expenditures that fund 
activities of the armed forces and security forces;

  ``(2) has not provided to the institution information about the audit 
process requested by the institution.
---------------------------------------------------------------------------

    ``(b) Definition.--For purposes of this section, the term 
`international financial institution' shall include the institutions 
identified in section 532(b) of this Act.''.
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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.
---------------------------------------------------------------------------
    \116\ 22 U.S.C. 3948 note.
---------------------------------------------------------------------------
    (b) Restrictions.--
          (1) The number of individuals hired in any fiscal 
        year pursuant to the authority contained in subsection 
        (a) may not exceed 175.
          (2) The authority to hire individuals contained in 
        subsection (a) shall expire on September 30, 2008.
    (c) Conditions.--The authority of subsection (a) may only 
be used to the extent that an equivalent number of positions 
that are filled by personal services contractors or other 
nondirect-hire employees of USAID, who are compensated with 
funds appropriated to carry out part I of the Foreign 
Assistance Act of 1961, including funds appropriated under the 
heading ``Assistance for Eastern Europe and the Baltic 
States'', are eliminated.
    (d) Priority Sectors.--In exercising the authority of this 
section, primary emphasis shall be placed on enabling USAID to 
meet personnel positions in technical skill areas currently 
encumbered by contractor or other nondirect-hire personnel.
    (e) Consultations.--The USAID Administrator shall consult 
with the Committees on Appropriations at least on a quarterly 
basis concerning the implementation of this section.
    (f) Program Account Charged.--The account charged for the 
cost of an individual hired and employed under the authority of 
this section shall be the account to which such individual's 
responsibilities primarily relate. Funds made available to 
carry out this section may be transferred to and merged and 
consolidated with funds appropriated for ``Operating Expenses 
of the United States Agency for International Development''.
    (g) Management Reform Pilot.--Of the funds made available 
in subsection (a), USAID may use, in addition to funds 
otherwise available for such purposes, up to $10,000,000 to 
fund overseas support costs of members of the Foreign Service 
with a Foreign Service rank of four or below: Provided, That 
such authority is only used to reduce USAID's reliance on 
overseas personal services contractors or other nondirect-hire 
employees compensated with funds appropriated to carry out part 
I of the Foreign Assistance Act of 1961, including funds 
appropriated under the heading ``Assistance for Eastern Europe 
and the Baltic States''.
    (h) Disaster Surge Capacity.--Funds appropriated by this 
Act to carry out part I of the Foreign Assistance Act of 1961, 
including funds appropriated under the heading ``Assistance for 
Eastern Europe and the Baltic States'', may be used, in 
addition to funds otherwise available for such purposes, for 
the cost (including the support costs) of individuals detailed 
to or employed by the United States Agency for International 
Development whose primary responsibility is to carry out 
programs in response to natural disasters.

                          hipc debt reduction

    Sec. 578. Section 501(b) of H.R. 3425, as enacted into law 
by section 1000(a)(5) of division B of Public Law 106-113 (113 
Stat. 1501A-311),\117\ is amended by adding at the end the 
following new paragraph:
---------------------------------------------------------------------------
    \117\ 22 U.S.C. 2395a note.
---------------------------------------------------------------------------
          ``(5) The Act of March 11, 1941 (chapter 11; 55 Stat. 
        31; 22 U.S.C. 411 et seq.; commonly known as the `Lend-
        Lease Act').''.

                        opic transfer authority

                     (including transfer of funds)

    Sec. 579. Whenever the President determines that it is in 
furtherance of the purposes of the Foreign Assistance Act of 
1961, up to a total of $20,000,000 of the funds appropriated 
under title II of this Act may be transferred to and merged 
with funds appropriated by this Act for the Overseas Private 
Investment Corporation Program Account, to be subject to the 
terms and conditions of that account: Provided, That such funds 
shall not be available for administrative expenses of the 
Overseas Private Investment Corporation: Provided further, That 
funds earmarked by this Act shall not be transferred pursuant 
to this section: Provided further, That the exercise of such 
authority shall be subject to the regular notification 
procedures of the Committees on Appropriations.

  limitation on funds relating to attendance of federal employees at 
            conferences occurring outside the united states

    Sec. 580. None of the funds made available in this Act may 
be used to send or otherwise pay for the attendance of more 
than 50 employees of agencies or departments of the United 
States Government who are stationed in the United States, at 
any single international conference occurring outside the 
United States, unless the Secretary of State determines that 
such attendance is in the national interest: Provided, That for 
purposes of this section the term ``international conference'' 
shall mean a conference attended by representatives of the 
United States Government and representatives of foreign 
governments, international organizations, or nongovernmental 
organizations.

limitation on assistance to foreign countries that refuse to extradite 
  to the united states any individual accused in the united states of 
                   killing a law enforcement officer

    Sec. 581. None of the funds made available in this Act for 
the Department of State may be used to provide assistance to 
the central government of a country which has notified the 
Department of State of its refusal to extradite to the United 
States any individual indicted in the United States for killing 
a law enforcement officer, as specified in a United States 
extradition request, unless the Secretary of State certifies to 
the Committees on Appropriations in writing that the 
application of the restriction to a country or countries is 
contrary to the national interest of the United States.

          prohibition against direct funding for saudi arabia

    Sec. 582.\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).
---------------------------------------------------------------------------

      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).
---------------------------------------------------------------------------
    (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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          ``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--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    (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'').
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 7612a.
---------------------------------------------------------------------------
    (2) Funds deposited during any fiscal year in the HIV/AIDS 
Fund shall be available without fiscal year limitation and used 
for pharmaceuticals and other products needed to provide care 
and treatment of persons with HIV/AIDS and related infections, 
including, but not limited to--
          (A) anti-retroviral drugs;
          (B) other pharmaceuticals and medical items needed to 
        provide care and treatment to persons with HIV/AIDS and 
        related infections;
          (C) laboratory and other supplies for performing 
        tests related to the provision of care and treatment to 
        persons with HIV/AIDS and related infections;
          (D) other medical supplies needed for the operation 
        of HIV/AIDS treatment and care centers, including 
        products needed in programs for the prevention of 
        mother-to-child transmission;
          (E) pharmaceuticals and health commodities needed for 
        the provision of palliative care; and
          (F) laboratory and clinical equipment, as well as 
        equipment needed for the transportation and care of 
        HIV/AIDS supplies, and other equipment needed to 
        provide prevention, care and treatment of HIV/AIDS 
        described above.
    (3) There may be deposited during any fiscal year in the 
HIV/AIDS Fund payments for HIV/AIDS pharmaceuticals and 
products provided from the HIV/AIDS Fund received from 
applicable appropriations and funds of the United States Agency 
for International Development, the Department of Health and 
Human Services, the Department of Defense, or other Federal 
agencies and other sources at actual cost of the HIV/AIDS 
pharmaceuticals and other products, actual cost plus the 
additional costs of providing such HIV/AIDS pharmaceuticals and 
other products, or at any other price agreed to by the 
Coordinator or his designee.
    (4) There may be deposited in the HIV/AIDS Fund payments 
for the loss of, or damage to, HIV/AIDS pharmaceuticals and 
products held in the HIV/AIDS Fund, rebates, reimbursements, 
refunds and other credits applicable to the operation of the 
HIV/AIDS Fund.
    (5) At the close of each fiscal year the Coordinator may 
transfer out of the HIV/AIDS Fund to other HIV/AIDS 
programmatic areas such amounts as the Coordinator determines 
to be in excess of the needs of the HIV/AIDS Fund.
    (6) At the close of each fiscal year the Coordinator shall 
submit a report to the Committees on Appropriations detailing 
the financial activities of the HIV/AIDS Fund, including 
sources of income and information regarding disbursements.
          * * * * * * *

  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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \3\ Sec. 525 of the Foreign Assistance Appropriations Act, 2004, 
provided the following:
---------------------------------------------------------------------------

``usaid overseas program
---------------------------------------------------------------------------

    ``Sec. 525. Funds appropriated by this and subsequent 
appropriations Acts to carry out the provisions of part I of the 
Foreign Assistance Act of 1961, including funds appropriated under the 
heading `Assistance for Eastern Europe and the Baltic States', may be 
made available to employ individuals overseas on a limited appointment 
basis pursuant to the authority of sections 308 and 309 of the Foreign 
Service Act of 1980: Provided, That in fiscal years 2004, 2005, and 
2006 the authority of this section may be used to hire not more than 85 
individuals in each such year.''.
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 3948 note.
---------------------------------------------------------------------------
          * * * * * * *
 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.
---------------------------------------------------------------------------
    \1\ 10 U.S.C. 113 note.
---------------------------------------------------------------------------
    (b) Each report shall include the following information:
          (1) For each of Iraq and Afghanistan for the half-
        fiscal year ending during the month preceding the due 
        date of the report, the amount expended for military 
        operations of the Armed Forces and the amount expended 
        for reconstruction activities, together with the 
        cumulative total amounts expended for such operations 
        and activities.
          (2) An assessment of the progress made toward 
        preventing attacks on United States personnel.
          (3) An assessment of the effects of the operations 
        and activities in Iraq and Afghanistan on the readiness 
        of the Armed Forces.
          (4) An assessment of the effects of the operations 
        and activities in Iraq and Afghanistan on the 
        recruitment and retention of personnel for the Armed 
        Forces.
          (5) For the half-fiscal year ending during the month 
        preceding the due date of the report, the costs 
        incurred for repair of Department of Defense equipment 
        used in the operations and activities in Iraq and 
        Afghanistan.
          (6) The foreign countries, international 
        organizations, and nongovernmental organizations that 
        are contributing support for the ongoing military 
        operations and reconstruction activities, together with 
        a discussion of the amount and types of support 
        contributed by each during the half-fiscal year ending 
        during the month preceding the due date of the report.
          (7) The extent to which, and the schedule on which, 
        the Selected Reserve of the Ready Reserve of the Armed 
        Forces is being involuntarily ordered to active duty 
        under section 12304 of title 10, United States Code.
          (8) For each unit of the National Guard of the United 
        States and the other reserve components of the Armed 
        Forces on active duty pursuant to an order to active 
        duty under section 12304 of title 10, United States 
        Code, the following information:
                  (A) The unit.
                  (B) The projected date of return of the unit 
                to its home station.
                  (C) The extent (by percentage) to which the 
                forces deployed within the United States and 
                outside the United States in support of a 
                contingency operation are composed of reserve 
                component forces.
          * * * * * * *

    TITLE II--IRAQ AND AFGHANISTAN RECONSTRUCTION AND INTERNATIONAL 
                               ASSISTANCE

          * * * * * * *

                               CHAPTER 2

                     BILATERAL ECONOMIC ASSISTANCE

          * * * * * * *

                  OTHER BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                iraq relief and reconstruction fund \2\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

                     (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.
---------------------------------------------------------------------------
    \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
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \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''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \6\ As enrolled. Should read ``notwithstanding''.
    \7\ Sec. 534(m)(3) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2005 (division D of Public Law 
108-447; 118 Stat. 2809), struck out ``212(8)(A)'' and inserted in lieu 
thereof ``212(a)(8)(A)''.
---------------------------------------------------------------------------
    (d) \8\ Date of Approval.--Upon the approval of such an 
application for adjustment of status, the Secretary of Homeland 
Security \3\ shall create a record of the alien's admission as 
a lawful permanent resident as of the date of the alien's 
inspection and parole described in subsection (b)(1), (b)(2) 
and (b)(3).
---------------------------------------------------------------------------
    \8\ Sec. 534(m)(4) and (5) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2005 (division D of 
Public Law 108-447; 118 Stat. 2809), struck out subsec. (d) and 
redesignated subsecs. (e) and (f) as subsecs. (d) and (e), 
respectively. Former subsec. (d) read as follows:
    ``(d) Ceiling.--The number of aliens who may be provided adjustment 
of status under this provision shall not exceed 5,000.''.
---------------------------------------------------------------------------
    (e) \8\ No Offset in Number of Visas Available.--When an 
alien is granted the status of having been lawfully admitted 
for permanent residence under this section the Secretary of 
State shall not be required to reduce the number of immigrant 
visas authorized to be issued under the Immigration and 
Nationality Act.
    (f) \9\ Adjudication of Applications.--The Secretary of 
Homeland Security shall--
---------------------------------------------------------------------------
    \9\ Sec. 534(m)(6) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2005 (division D of Public Law 
108-447; 118 Stat. 2809), added subsec. (f).
---------------------------------------------------------------------------
          (1) adjudicate application for adjustment under this 
        section, notwithstanding any limitation on the number 
        of adjustments under this section or any deadline for 
        such applications that previously existed in law or 
        regulation; and
          (2) not charge a fee in addition to any fee that 
        previously was submitted with such application.
          * * * * * * *

TITLE VIII--INTERNATIONAL DEBT FORGIVENESS AND INTERNATIONAL FINANCIAL 
                          INSTITUTIONS REFORM

SEC. 801. DEBT RELIEF UNDER THE HEAVILY INDEBTED POOR COUNTRIES (HIPC) 
                    INITIATIVE.

    (a) Repeal of Limitation on Availability of Earnings on 
Profits  of  Nonpublic  Gold  Sales.--Paragraph  (1)  of  
section 62 of the Bretton Woods Agreements Act, as added by 
section 503(a)  of  H.R.  3425  of  the  106th  Congress  (as  
enacted  by section 1000(a)(5) of Public Law 106-113 (113 Stat. 
1536)), is amended--* * * \10\
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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.
---------------------------------------------------------------------------
    \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]
---------------------------------------------------------------------------
    \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\
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    \16\ For amended text, see Legislation on Foreign Relations Through 
2008, vol. III.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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.

--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                          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.''.
 
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2000, and for other purposes, namely:

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE

          * * * * * * *

                overseas private investment corporation

          * * * * * * *

                            program account

    For the cost of direct and guaranteed loans, $24,000,000, 
as authorized by section 234 of the Foreign Assistance Act of 
1961 to be derived by transfer from the Overseas Private 
Investment Corporation noncredit account: Provided, That such 
costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That such sums shall be available for direct 
loan obligations and loan guaranty commitments incurred or made 
during fiscal years 2000 and 2001: Provided further, That such 
sums shall remain available through fiscal year 2008 for the 
disbursement of direct and guaranteed loans obligated in fiscal 
year 2000, and through fiscal year 2009 for the disbursement of 
direct and guaranteed loans obligated in fiscal year 2001: 
Provided further, That in addition, such sums as may be 
necessary for administrative expenses to carry out the credit 
program may be derived from amounts available for 
administrative expenses to carry out the credit and insurance 
programs in the Overseas Private Investment Corporation 
Noncredit Account and merged with said account: Provided 
further, That funds made available under this heading or in 
prior appropriations Acts that are available for the cost of 
financing under section 234 of the Foreign Assistance Act of 
1961, shall be available for purposes of section 234(g) of such 
Act, to remain available until expended.
          * * * * * * *

                      TITLE V--GENERAL PROVISIONS

          * * * * * * *

  voluntary separation incentives for employees of the united states 
                  agency for international development

    Sec. 579.\1\ (a) Definitions.--For the purposes of this 
section--
---------------------------------------------------------------------------
    \1\ 5 U.S.C. 5597 note.
---------------------------------------------------------------------------
          (1) the term ``agency'' means the United States 
        Agency for International Development;
          (2) the term ``Administrator'' means the 
        Administrator, United States Agency for International 
        Development; and
          (3) the term ``employee'' means an employee (as 
        defined by section 2105 of title 5, United States Code) 
        who is employed by the agency, is serving under an 
        appointment without time limitation, and has been 
        currently employed for a continuous period of at least 
        3 years, but does not include--
                  (A) a reemployed annuitant under subchapter 
                III of chapter 83 or chapter 84 of title 5, 
                United States Code, or another retirement 
                system for employees of the agency;
                  (B) an employee having a disability on the 
                basis of which such employee is or would be 
                eligible for disability retirement under the 
                applicable retirement system referred to in 
                subparagraph (A);
                  (C) an employee who is to be separated 
                involuntarily for misconduct or unacceptable 
                performance, and to whom specific notice has 
                been given with respect to that separation;
                  (D) an employee who has previously received 
                any voluntary separation incentive payment by 
                the Government of the United States under this 
                section or any other authority and has not 
                repaid such payment;
                  (E) an employee covered by statutory 
                reemployment rights who is on transfer to 
                another organization; or
                  (F) any employee who, during the 24-month 
                period preceding the date of separation, 
                received a recruitment or relocation bonus 
                under section 5753 of title 5, United States 
                Code, or who, within the 12-month period 
                preceding the date of separation, received a 
                retention allowance under section 5754 of such 
                title 5, United States Code.
    (b) Agency Strategic Plan.--
          (1) In general.--The Administrator, before obligating 
        any resources for voluntary separation incentive 
        payments under this section, shall submit to the 
        Committees on Appropriations and the Office of 
        Management and Budget a strategic plan outlining the 
        intended use of such incentive payments and a proposed 
        organizational chart for the agency once such incentive 
        payments have been completed.
          (2) Contents.--The agency's plan shall include--
                  (A) the positions and functions to be reduced 
                or eliminated, identified by organizational 
                unit, geographic location, occupational 
                category and grade level;
                  (B) the number and amounts of voluntary 
                separation incentive payments to be offered;
                  (C) a description of how the agency will 
                operate without the eliminated positions and 
                functions; and
                  (D) the time period during which incentives 
                may be paid.
          (3) Approval.--The Director of the Office of 
        Management and Budget shall review the agency's plan 
        and approve or disapprove the plan and may make 
        appropriate modifications in the plan with respect to 
        the coverage of incentives as described under paragraph 
        (2)(A), and with respect to the matters described in 
        paragraphs (2)(B) through (D).
    (c) Authority to Provide Voluntary Separation Incentive 
Payments.--
          (1) In general.--A voluntary separation incentive 
        payment under this section may be paid by the agency to 
        employees of such agency and only to the extent 
        necessary to eliminate the positions and functions 
        identified by the strategic plan.
          (2) Amount and treatment of payments.--A voluntary 
        separation incentive payment under this section--
                  (A) shall be paid in a lump sum after the 
                employee's separation;
                  (B) shall be paid from appropriations or 
                funds available for the payment of the basic 
                pay of the employees;
                  (C) shall be equal to the lesser of--
                          (i) an amount equal to the amount the 
                        employee would be entitled to receive 
                        under section 5595(c) of title 5, 
                        United States Code, if the employee 
                        were entitled to payment under such 
                        section; or
                          (ii) an amount determined by the 
                        agency head not to exceed $25,000;
                  (D) may not be made except in the case of any 
                employee who voluntarily separates (whether by 
                retirement or resignation) on or before January 
                1, 2003; \2\
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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:
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 290f note.
---------------------------------------------------------------------------
          (1) Director.--The term ``Director'' means the 
        Director of the Office of Management and Budget.
          (2) Foundation.--The term ``Foundation'' means the 
        Inter-American Foundation.
          (3) Function.--The term ``function'' means any duty, 
        obligation, power, authority, responsibility, right, 
        privilege, activity, or program.
    (b) Abolition of Inter-American Foundation.--During fiscal 
years 2000 and 2001,\4\ the President is authorized to abolish 
the Inter-American Foundation. The provisions of this section 
shall only be effective upon the effective date of the 
abolition of the Inter-American Foundation.
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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).
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2395a note.
---------------------------------------------------------------------------
    (b) Provisions of Law.--The provisions of law referred to 
in subsection (a) are the following:
          (1) Sections 221 and 222 of the Foreign Assistance 
        Act.
          (2) The Arms Export Control Act (22 U.S.C. 2751 et 
        seq.).
          (3) Section 5(f) of the Commodity Credit Corporation 
        Charter Act, section 201 of the Agricultural Trade Act 
        of 1978 (7 U.S.C. 5621), or section 202 of such Act (7 
        U.S.C. 5622), or predecessor provisions under the Food 
        for Peace Act of 1966.
          (4) Title I of the Agricultural Trade Development and 
        Assistance Act of 1954 (7 U.S.C. 1701 et seq.).
          (5) \2\ The Act of March 11, 1941 (chapter 11; 55 
        Stat. 31; 22 U.S.C. 411 et seq.; commonly known as the 
        ``Lend-Lease Act'').
---------------------------------------------------------------------------
    \2\ Sec. 578 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2232), added para. (5).
---------------------------------------------------------------------------
    (c) Other Debt Reduction Authorities.--The authority 
provided in this section is in addition to any other debt 
relief authority and does not in any way limit such authority.
    (d) Eligible Countries.--A country that is performing 
satisfactorily under an economic reform program shall be 
eligible for cancellation of debt under this section if--
          (1) the country, as of December 31, 2000, is eligible 
        to borrow from the International Development 
        Association;
          (2) the country, as of December 31, 2000, is not 
        eligible to borrow from the International Bank for 
        Reconstruction and Development; and
          (3)(A) the country has outstanding public and 
        publicly guaranteed debt, the net present value of 
        which on December 31, 1996, was at least 150 percent of 
        the average annual value of the exports of the country 
        for the period 1994 through 1996; or
          (B)(i) the country has outstanding public and 
        publicly guaranteed debt, the net present value of 
        which, as of the date the President determines that the 
        country is eligible for debt relief under this section, 
        is at least 150 percent of the annual value of the 
        exports of the country; or
          (ii) the country has outstanding public and publicly 
        guaranteed debt, the net present value of which, as of 
        the date the President determines that the country is 
        eligible for debt relief under this section, is at 
        least 250 percent of the annual fiscal revenues of the 
        country, and has minimum ratios of exports to Gross 
        Domestic Product of 30 percent, and of fiscal revenues 
        to Gross Domestic Product of 15 percent.
    (e) Priority.--In carrying out subsection (a), the 
President should seek to leverage scarce foreign assistance and 
give priority to heavily indebted poor countries with 
demonstrated need and the capacity to use such relief 
effectively.
    (f) Exceptions.--A country shall not be eligible for 
cancellation of debt under this section if the government of 
the country--
          (1) has an excessive level of military expenditures;
          (2) has repeatedly provided support for acts of 
        international terrorism, as determined by the Secretary 
        of State under section 6(j)(1) of the Export 
        Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)) 
        or section 620A(a) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2371(a));
          (3) is failing to cooperate on international 
        narcotics control matters; or
          (4) (including its military or other security 
        forces), engages in a consistent pattern of gross 
        violations of internationally recognized human rights.
    (g) Additional Requirement.--A country which is otherwise 
eligible to receive cancellation of debt under this section may 
receive such cancellation only if the country has committed, in 
connection with a social and economic reform program--
          (1) to enable, facilitate, or encourage the 
        implementation of policy changes and institutional 
        reforms under economic reform programs, in a manner 
        that ensures that such policy changes and institutional 
        reforms are designed and adopted through transparent 
        and participatory processes;
          (2) to adopt an integrated development strategy of 
        the type described in section 1624(a) of the 
        International Financial Institutions Act, to support 
        poverty reduction through economic growth, that 
        includes monitorable poverty reduction goals;
          (3) to take steps so that the financial benefits of 
        debt relief are applied to programs to combat poverty 
        (in particular through concrete measures to improve 
        economic infrastructure, basic services in education, 
        nutrition, and health, particularly treatment and 
        prevention of the leading causes of mortality) and to 
        redress environmental degradation;
          (4) to take steps to strengthen and expand the 
        private sector, encourage increased trade and 
        investment, support the development of free markets, 
        and promote broad-scale economic growth;
          (5) to implement transparent policy making and budget 
        procedures, good governance, and effective 
        anticorruption measures;
          (6) to broaden public participation and popular 
        understanding of the principles and goals of poverty 
        reduction, particularly through economic growth, and 
        good governance; and
          (7) to promote the participation of citizens and 
        nongovernmental organizations in the economic policy 
        choices of the government.
    (h) Certain Prohibitions Inapplicable.--Except as the 
President may otherwise determine for reasons of national 
security, a cancellation of debt under this section shall not 
be considered to be assistance for purposes of any provision of 
law limiting assistance to a country. The authority to provide 
for cancellation of debt under this section may be exercised 
notwithstanding section 620(r) of the Foreign Assistance Act of 
1961, or any similar provision of law.
    (i) Authorization of Appropriations.--For the cost (as 
defined in section 502(5) of the Federal Credit Reform Act of 
1990) of the cancellation of any debt under this section, there 
are authorized to be appropriated to the President such sums as 
may be necessary for each of the fiscal years 2000-2010, 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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

SEC. 503. ACTIONS TO FUND THE PROVISION OF MULTILATERAL DEBT RELIEF.

    (a) Contributions for Debt Reductions for the Poorest 
Countries.--The Bretton Woods Agreements Act (22 U.S.C. 286 et 
seq.) is amended by adding at the end the following: * * * \5\
---------------------------------------------------------------------------
    \5\ Sec. 503(a) added a new sec. 62 to the Bretton Woods Agreements 
Act. For text, see Legislation on Foreign Relations Through 2008, vol. 
III.
---------------------------------------------------------------------------
    (b) \6\ Certification.--Within 15 days after the United 
States Executive Director casts the votes necessary to carry 
out the instruction described in section 62 of the Bretton 
Woods Agreements Act, the Secretary of the Treasury shall 
certify to the Congress that neither the profits nor the 
earnings on the investment of profits from the gold sales made 
pursuant to the instruction or of the funds attributable to 
United States participation in SCA-2 will be used to augment 
the resources of any reserve account of the International 
Monetary Fund for the purpose of making loans.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 286nn note.
---------------------------------------------------------------------------

SEC. 504.\7\ ADDITIONAL PROVISIONS.

    (a) Publication of IMF Operational Budgets.--The Secretary 
of the Treasury shall instruct the United States Executive 
Director at the International Monetary Fund to use the voice, 
vote, and influence of the United States to urge vigorously the 
International Monetary Fund to publish the operational budgets 
of the International Monetary Fund, on a quarterly basis, not 
later than one year after the end of the period covered by the 
budget.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 262o-2 note.
---------------------------------------------------------------------------
    (b) Report to the Congress Showing Costs of United States 
Participation in the International Monetary Fund.--The 
Secretary of the Treasury shall prepare and transmit to the 
Committees on Banking and Financial Services, on 
Appropriations, and on International Relations of the House of 
Representatives and the Committees on Banking, Housing, and 
Urban Affairs, on Foreign Relations, and on Appropriations of 
the Senate a quarterly report, which shall be made readily 
available to the public, on the costs or benefits of United 
States participation in the International Monetary Fund and 
which shall detail the costs and benefits to the United States, 
as well as valuation gains or losses on the United States 
reserve position in the International Monetary Fund.
    (c) Continuation of Forgoing of Reimbursement of IMF for 
Expenses of Administering ESAF.--The Secretary of the Treasury 
shall instruct the United States Executive Director at the 
International Monetary Fund to use the voice, vote, and 
influence of the United States to urge vigorously the 
International Monetary Fund to continue to forgo reimbursements 
of the expenses incurred by the International Monetary Fund in 
administering the Enhanced Structural Adjustment Facility, 
until the Heavily Indebted Poor Countries Initiative (as 
defined in section 1623 of the International Financial 
Institutions Act) is terminated.
    (d) No Gold Sales by International Monetary Fund Without 
Prior Authorization by the Congress.--(1) The first sentence of 
section 5 of the Bretton Woods Agreements Act (22 U.S.C. 286c) 
is amended in clause (g) by striking ``approve either the 
disposition of more than 25 million ounces of Fund gold for the 
benefit of the Trust Fund established by the Fund on May 6, 
1976, or the establishment of any additional trust fund whereby 
resources of the International Monetary Fund would be used for 
the special benefit of a single member, or of a particular 
segment of the membership, of the Fund.'' and inserting 
``approve any disposition of Fund gold, unless the Secretary 
certifies to the Congress that such disposition is necessary 
for the Fund to restitute gold to its members, or for the Fund 
to provide liquidity that will enable the Fund to meet member 
country claims on the Fund or to meet threats to the systemic 
stability of the international financial system.''.
    (2) Not less than 30 days prior to the entrance by the 
United States into international negotiations for the purpose 
of reaching agreement on the disposition of Fund gold whereby 
resources of the Fund would be used for the special benefit of 
a single member, or of a particular segment of the membership 
of the Fund, the Secretary of the Treasury shall consult with 
the Committees on Banking and Financial Services, on 
Appropriations, and on International Relations of the House of 
Representatives and the Committees on Foreign Relations, on 
Appropriations, and on Banking, Housing and Urban Affairs of 
the Senate.
    (e) \8\ * * * [Repealed--2007]
---------------------------------------------------------------------------
    \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.--
---------------------------------------------------------------------------
    \1\ Sec. 306 of the Intelligence Authorization Act, Fiscal Year 
2002 (Public Law 107-108; 115 Stat. 1399) provided the following:
---------------------------------------------------------------------------

``sec. 306. report on implementation of recommendations of the national 
commission on terrorism and other entities.
---------------------------------------------------------------------------

    ``(a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Director of Central Intelligence shall 
submit to the Permanent Select Committee on Intelligence of the House 
of Representatives and the Select Committee on Intelligence of the 
Senate a report concerning whether, and to what extent, the 
Intelligence Community has implemented recommendations relevant to the 
Intelligence Community as set forth in the following:
---------------------------------------------------------------------------

  ``(1) The report prepared by the National Commission on Terrorism 
established by section 591 of the Omnibus Consolidated and Emergency 
Supplemental Appropriations Act, 1999 (Public Law 105-277).

  ``(2) The report prepared by the United States Commission on National 
Security for the 21st Century, Phase III, dated February 15, 2001.

  ``(3) The second annual report of the advisory panel to assess domestic 
response capabilities for terrorism involving weapons of mass destruction 
established pursuant to section 1405 of the National Defense Authorization 
Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 2301 note).
---------------------------------------------------------------------------

    ``(b) Recommendations Determined Not To Be Adopted.--In a case in 
which the Director determines that a recommendation described in 
subsection (a) has not been implemented, the report under that 
subsection shall include a detailed explanation of the reasons for not 
implementing that recommendation.''.
---------------------------------------------------------------------------
          (1) Establishment.--There is established a national 
        commission on terrorism to review counter-terrorism 
        policies regarding the prevention and punishment of 
        international acts of terrorism directed at the United 
        States. The commission shall be known as ``The National 
        Commission on Terrorism''.
          (2) Composition.--The commission shall be composed of 
        10 members appointed as follows:
                  (A) Three members shall be appointed by the 
                Majority Leader of the Senate.
                  (B) Three members shall be appointed by the 
                Speaker of the House of Representatives.
                  (C) Two members shall be appointed by the 
                Minority Leader of the Senate.
                  (D) Two members shall be appointed by the 
                Minority Leader of the House of 
                Representatives.
                  (E) The appointments of the members of the 
                commission should be made no later than 3 
                months after the date of the enactment of this 
                Act.
          (3) Qualifications.--The members should have a 
        knowledge and expertise in matters to be studied by the 
        commission.
          (4) Chair.--The Speaker of the House of 
        Representatives, after consultation with the majority 
        leader of the Senate and the minority leaders of the 
        House of Representatives and the Senate, shall 
        designate one of the members of the Commission to serve 
        as chair of the Commission.
          (5) Period of appointment: vacancies.--Members shall 
        be appointed for the life of the Commission. Any 
        vacancy in the Commission shall be filled in the same 
        manner as the original appointment.
          (6) Security clearances.--All Members of the 
        Commission should hold appropriate security clearances.
    (b) Duties.--
          (1) In general.--The commission shall consider issues 
        relating to international terrorism directed at the 
        United States as follows:
                  (A) Review the laws, regulations, policies, 
                directives, and practices relating to 
                counterterrorism in the prevention and 
                punishment of international terrorism directed 
                towards the United States.
                  (B) Assess the extent to which laws, 
                regulations, policies, directives, and 
                practices relating to counterterrorism have 
                been effective in preventing or punishing 
                international terrorism directed towards the 
                United States. At a minimum, the assessment 
                should include a review of the following:
                          (i) Evidence that terrorist 
                        organizations have established an 
                        infrastructure in the western 
                        hemisphere for the support and conduct 
                        of terrorist activities.
                          (ii) Executive branch efforts to 
                        coordinate counterterrorism activities 
                        among Federal, State, and local 
                        agencies and with other nations to 
                        determine the effectiveness of such 
                        coordination efforts.
                          (iii) Executive branch efforts to 
                        prevent the use of nuclear, biological, 
                        and chemical weapons by terrorists.
                  (C) Recommend changes to counterterrorism 
                policy in preventing and punishing 
                international terrorism directed toward the 
                United States.
          (2) Report.--Not later than 6 months after the date 
        on which the Commission first meets, the Commission 
        shall submit to the President and the Congress a final 
        report of the findings and conclusions of the 
        commission, together with any recommendations.
    (c) Administrative Matters.--
          (1) Meetings.--
                  (A) The commission shall hold its first 
                meeting on a date designated by the Speaker of 
                the House which is not later than 30 days after 
                the date on which all members have been 
                appointed.
                  (B) After the first meeting, the commission 
                shall meet upon the call of the chair.
                  (C) A majority of the members of the 
                commission shall constitute a quorum, but a 
                lesser number may hold meetings.
          (2) Authority of individuals to act for commission.--
        Any member or agent of the commission may, if 
        authorized by the commission, take any action which the 
        commission is authorized to take under this section.
          (3) Powers.--
                  (A) The commission may hold such hearings, 
                sit and act at such times and places, take such 
                testimony, and receive such evidence as the 
                commission considers advisable to carry out its 
                duties.
                  (B) The commission may secure directly from 
                any agency of the Federal Government such 
                information as the commission considers 
                necessary to carry out its duties. Upon the 
                request of the chair of the commission, the 
                head of a department or agency shall furnish 
                the requested information expeditiously to the 
                commission.
                  (C) The commission may use the United States 
                mails in the same manner and under the same 
                conditions as other departments and agencies of 
                the Federal Government.
          (4) Pay and expenses of commission members.--
                  (A) Subject to appropriations, each member of 
                the commission who is not an employee of the 
                government shall be paid at a rate not to 
                exceed the daily equivalent of the annual rate 
                of basic pay prescribed for level IV of the 
                Executive Schedule under section 5315 of title 
                5, United States Code, for each day (including 
                travel time) during which such member is 
                engaged in performing the duties of the 
                commission.
                  (B) Members and personnel for the commission 
                may travel on aircraft, vehicles, or other 
                conveyances of the Armed Forces of the United 
                States when travel is necessary in the 
                performance of a duty of the commission except 
                when the cost of commercial transportation is 
                less expensive.
                  (C) The members of the commission may be 
                allowed travel expenses, including per diem in 
                lieu of subsistence, at rates authorized for 
                employees of agencies under subchapter I of 
                chapter 57 of title 5, United States Code, 
                while away from their homes or regular places 
                of business in the performance of services for 
                the commission.
                  (D)(i) A member of the commission who is an 
                annuitant otherwise covered by section 8344 or 
                8468 of title 5, United States Code, by reason 
                of membership on the commission shall not be 
                subject to the provisions of such section with 
                respect to membership on the commission.
                  (ii) A member of the commission who is a 
                member or former member of a uniformed service 
                shall not be subject to the provisions of 
                subsections (b) and (c) of section 5532 of such 
                title with respect to membership on the 
                commission.
          (5) Staff and administrative support.--
                  (A) The chairman of the commission may, 
                without regard to civil service laws and 
                regulations, appoint and terminate an executive 
                director and up to three additional staff 
                members as necessary to enable the commission 
                to perform its duties. The chairman of the 
                commission may fix the compensation of the 
                executive director and other personnel without 
                regard to the provisions of chapter 51, and 
                subchapter III of chapter 53, of title 5, 
                United States Code, relating to classification 
                of positions and General Schedule pay rates, 
                except that the rate of pay may not exceed the 
                maximum rate of pay for GS-15 under the General 
                Schedule.
                  (B) Upon the request of the chairman of the 
                commission, the head of any department or 
                agency of the Federal Government may detail, 
                without reimbursement, any personnel of the 
                department or agency to the commission to 
                assist in carrying out its duties. The detail 
                of an employee shall be without interruption or 
                loss of civil service status or privilege.
    (d) Termination of Commission.--The commission shall 
terminate 30 days after the date on which the commission 
submits a final report.
    (e) Funding.--There are authorized to be appropriated such 
sums as may be necessary to carry out the provisions of this 
section.
          * * * * * * *

         TITLE VI--INTERNATIONAL FINANCIAL PROGRAMS AND REFORM

          * * * * * * *

                          advisory commission

    Sec. 603.\2\ (a) In General.--The Secretary of the Treasury 
shall establish an International Financial Institution Advisory 
Commission (in this section referred to as the ``Commission'').
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 262r note.
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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:
---------------------------------------------------------------------------
    \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.
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    \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:
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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:
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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, shall not apply to the provision of loans and assistance to 
the Government of Serbia and Montenegro through international financial 
institutions.
    ``(c) The determination and certification referred to in subsection 
(a) is a determination by the President and a certification to the 
Committees on Appropriations that the Government of Serbia and 
Montenegro is--
---------------------------------------------------------------------------

  ``(1) cooperating with the International Criminal Tribunal for the former 
Yugoslavia including access for investigators, the provision of documents, 
and the surrender and transfer of indictees or assistance in their 
apprehension, including Ratko Mladic and Radovan Karadzic, unless the 
Secretary of State determines and reports to the Committees on 
Appropriations that these individuals are no longer residing in Serbia;

  ``(2) taking steps that are consistent with the Dayton Accords to end 
Serbian financial, political, security and other support which has served 
to maintain separate Republika Srpska institutions; and

  ``(3) taking steps to implement policies which reflect a respect for 
minority rights and the rule of law.
---------------------------------------------------------------------------

    ``(d) This section shall not apply to Montenegro, Kosovo, 
humanitarian assistance or assistance to promote democracy.''.
---------------------------------------------------------------------------
          (1) \8\ does not have in place a functioning system 
        for reporting to civilian authorities audits of 
        receipts and expenditures that fund activities of the 
        armed forces and security forces;
---------------------------------------------------------------------------
    \8\ Sec. 572(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2430), amended and restated subsec. (a)(1). It formerly read as 
follows:
    ``(1) does not have in place a functioning system for a civilian 
audit of all receipts and expenditures that fund activities of the 
armed forces and security forces;''.
---------------------------------------------------------------------------
          (2) \9\ has not provided to the institution 
        information about the audit process requested by the 
        institution.
---------------------------------------------------------------------------
    \9\ Sec. 572(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2430), amended and restated subsec. (a)(2). It formerly read as 
follows:
    ``(2) has not provided a summary of a current audit to the 
institution.''.
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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).
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------
    \14\ Sec. 1308(g)(1)(D) and (2) of the Security Assistance Act of 
2002 (division B of Public Law 107-228; 116 Stat. 1441) struck out 
subsec. (d); inserted ``and'' at the end of subsec. (b); and replaced 
``; and'' at the end of subsec. (c) with a period. Subsec. (d) formerly 
provided as follows:
    ``(d) cooperation, training, or exchanges of information, 
technology or personnel between the DPRK and any other nation 
supporting the development or deployment of a ballistic missile 
capability.''.
---------------------------------------------------------------------------
          (a) a best estimate on fuel used by the military 
        forces of the Democratic People's Republic of Korea 
        (DPRK);
          (b) the deployment position and military training and 
        activities of the DPRK forces and best estimate of the 
        associated costs of these activities; and
          (c) steps taken to reduce the DPRK level of forces.
          * * * * * * *

         civil liability for acts of state sponsored terrorism

    Sec. 589.\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''.
---------------------------------------------------------------------------
    \1\ 31 U.S.C. 5302 note.
---------------------------------------------------------------------------

SEC. 402. FINDINGS.

    The Congress finds that--
          (1) Mexico is an important neighbor and trading 
        partner of the United States;
          (2) on January 31, 1995, the President approved a 
        program of assistance to Mexico, in the form of swap 
        facilities and securities guarantees in the amount of 
        $20,000,000,000, using the exchange stabilization fund;
          (3) the program of assistance involves the 
        participation of the Board of Governors of the Federal 
        Reserve System, the International Monetary Fund, the 
        Bank for International Settlements, the International 
        Bank for Reconstruction and Development, the Inter-
        American Development Bank, the Bank of Canada, and 
        several Latin American countries;
          (4) the involvement of the exchange stabilization 
        fund and the Board of Governors of the Federal Reserve 
        System means that United States taxpayer funds will be 
        used in the assistance effort to Mexico;
          (5) assistance provided by the International Monetary 
        Fund, the International Bank for Reconstruction and 
        Development, and the Inter-American Development Bank 
        may require additional United States contributions of 
        taxpayer funds to those entities;
          (6) the immediate use of taxpayer funds and the 
        potential requirement for additional future United 
        States contributions of taxpayer funds necessitates 
        congressional oversight of the disbursement of funds; 
        and
          (7) the efficacy of the assistance to Mexico is 
        contingent on the pursuit of sound economic policy by 
        the Government of Mexico.

SEC. 403. PRESIDENTIAL REPORTS.

    (a) Reporting Requirement.--Not later than June 30, 1995, 
and every 6 months thereafter, the President shall transmit to 
the appropriate congressional committees a report concerning 
all guarantees issued to, and short-term and long-term currency 
swaps with, the Government of Mexico by the United States 
Government, including the Board of Governors of the Federal 
Reserve System.
     (b) Contents of Reports.--Each report described in 
subsection (a) shall contain a description of the following 
actions taken, or economic situations existing, during the 
preceding 6-month period or, in the case of the initial report, 
during the period beginning on the date of enactment of this 
Act:
          (1) Changes in wage, price, and credit controls in 
        the Mexican economy.
          (2) Changes in taxation policy of the Government of 
        Mexico.
          (3) Specific actions taken by the Government of 
        Mexico to further privatize the economy of Mexico.
          (4) Actions taken by the Government of Mexico in the 
        development of regulatory policy that significantly 
        affected the performance of the Mexican economy.
          (5) Consultations concerning the program approved by 
        the President, including advice on economic, monetary, 
        and fiscal policy, held between the Government of 
        Mexico and the Secretary of the Treasury (including any 
        designee of the Secretary) and the conclusions 
        resulting from any periodic reviews undertaken by the 
        International Monetary Fund pursuant to the Fund's loan 
        agreements with Mexico.
          (6) All outstanding loans, credits, and guarantees 
        provided to the Government of Mexico, by the United 
        States Government, including the Board of Governors of 
        the Federal Reserve System, set forth by category of 
        financing.
          (7) The progress the Government of Mexico has made in 
        stabilizing the peso and establishing an independent 
        central bank or currency board.
    (c) Summary of Treasury Department Reports.--In addition to 
the information required to be included under subsection (b), 
each report required under this section shall contain a summary 
of the information contained in all reports submitted under 
section 404 during the period covered by the report required 
under this section.

SEC. 404. REPORTS BY THE SECRETARY OF THE TREASURY.

    (a) Reporting Requirement.--Beginning on the last day of 
the first month which begins after the date of enactment of 
this Act, and on the last day of every month thereafter, the 
Secretary of the Treasury shall submit to the appropriate 
congressional committees a report concerning all guarantees 
issued to, and short-term and long-term currency swaps with, 
the Government of Mexico by the United States Government, 
including the Board of Governors of the Federal Reserve System.
    (b) Contents of Reports.--Each report described in 
subsection (a) shall include a description of the following 
actions taken, or economic situations existing, during the 
month in which the report is required to be submitted:
          (1) The current condition of the Mexican economy.
          (2) The reserve positions of the central bank of 
        Mexico and data relating to the functioning of Mexican 
        monetary policy.
          (3) The amount of any funds disbursed from the 
        exchange stabilization fund pursuant to the program of 
        assistance to the Government of Mexico approved by the 
        President on January 31, 1995.
          (4) The amount of any funds disbursed by the Board of 
        Governors of the Federal Reserve System pursuant to the 
        program of assistance referred to in paragraph (3).
          (5) Financial transactions, both inside and outside 
        of Mexico, made during the reporting period involving 
        funds disbursed to Mexico from the exchange 
        stabilization fund or proceeds of Mexican Government 
        securities guaranteed by the exchange stabilization 
        fund.
          (6) All outstanding guarantees issued to, and short-
        term and medium-term currency swaps with, the 
        Government of Mexico by the Secretary of the Treasury, 
        set forth by category of financing.
          (7) All outstanding currency swaps with the central 
        bank of Mexico by the Board of Governors of the Federal 
        Reserve System and the rationale for, and any expected 
        costs of, such transactions.
          (8) The amount of payments made by customers of 
        Mexican petroleum companies that have been deposited in 
        the account at the Federal Reserve Bank of New York 
        established to ensure repayment of any payment by the 
        United States Government, including the Board of 
        Governors of the Federal Reserve System, in connection 
        with any guarantee issued to, or any swap with, the 
        Government of Mexico.
          (9) Any setoff by the Federal Reserve Bank of New 
        York against funds in the account described in 
        paragraph (8).
          (10) To the extent such information is available, 
        once there has been a setoff by the Federal Reserve 
        Bank of New York, any interruption in deliveries of 
        petroleum products to existing customers whose payments 
        were setoff.
          (11) The interest rates and fees charged to 
        compensate the Secretary of the Treasury for the risk 
        of providing financing.

SEC. 405. TERMINATION OF REPORTING REQUIREMENTS.

    The requirements of sections 403 and 404 shall terminate on 
the date that the Government of Mexico has paid all obligations 
with respect to swap facilities and guarantees of securities 
made available under the program approved by the President on 
January 31, 1995.

SEC. 406. PRESIDENTIAL CERTIFICATION REGARDING SWAP OF CURRENCIES TO 
                    MEXICO THROUGH EXCHANGE STABILIZATION FUND OR 
                    FEDERAL RESERVE.

    (a) In General.--Notwithstanding any other provision of 
law, no loan, credit, guarantee, or arrangement for a swap of 
currencies to Mexico through the exchange stabilization fund or 
by the Board of Governors of the Federal Reserve System may be 
extended or (if already extended) further utilized, unless and 
until the President submits to the appropriate congressional 
committees a certification that--
          (1) there is no projected cost (as defined in the 
        Credit Reform Act of 1990) to the United States from 
        the proposed loan, credit, guarantee, or currency swap;
          (2) all loans, credits, guarantees, and currency 
        swaps are adequately backed to ensure that all United 
        States funds are repaid;
          (3) the Government of Mexico is making progress in 
        ensuring an independent central bank or an independent 
        currency control mechanism;
          (4) Mexico has in effect a significant economic 
        reform effort; and
          (5) the President has provided the documents 
        described in paragraphs (1) through (28) of House 
        Resolution 80, adopted March 1, 1995.\2\
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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.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151n note.
    \2\ Sec. 590 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on 
October 24, 2000, enacted by reference in sec. 101(a) of Public Law 
106-429; 114 Stat. 1900A-59), repealed ``paragraph (2)'' [sic], which 
had read as follows: ``(2) a description of the military expenditures 
of each country receiving United States foreign assistance, and the 
efforts each country is making to reduce those expenditures;''
---------------------------------------------------------------------------
          * * * * * * *

                              environment

    Sec. 532.\3\ (a) * * *
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 262l.
---------------------------------------------------------------------------
    (b) * * *
    (c)(1) In furtherance of the policies contained in section 
533(a) of Public Law 101-513 and section 1308 of the 
International Development and Finance Act of 1989 (Public Law 
101-240), and as a basis for measuring more effectively 
progress by the MDBs toward improved environmental performance, 
the Secretary of the Treasury shall instruct the United States 
Executive Directors of the MDBs to encourage each MDB, at a 
minimum, to meet the benchmarks established in paragraph (2) in 
the areas of sustainable energy development, forest 
conservation, forced displacement of populations, and 
environmental impact assessment. On March 1, 1993 and March 1, 
1994, the Secretary of the Treasury shall submit a report to 
the Congress describing in detail the progress being made by 
the MDBs in meeting these benchmarks.
    (2) For the purposes of paragraph (1), benchmarks are as 
follows:
          (A) In the area of sustainable energy development--
                  (i) all loans in the energy sector should be 
                based on, or support development of, ``least-
                cost'' integrated resource plans. Such plans 
                shall include analyses of possible end-use 
                energy efficiency measures and nonconventional 
                renewable energy options, and such plans shall 
                reflect the quantifiable environmental costs of 
                proposed energy developments;
                  (ii) a substantial portion of loans and 
                grants in the energy, industry, and 
                transportation sectors shall be devoted to end-
                use energy efficiency improvements and 
                nonconventional renewable energy development; 
                and
                  (iii) all organizational units within the 
                MDBs should create staff positions in a 
                management role in end-use efficiency and 
                renewable energy, which positions shall be 
                staffed by individuals with professional 
                experience in program design and management and 
                educational degrees in relevant technical 
                disciplines.
          (B) In the area of forest conservation--
                  (i) forestry loans should not support 
                commercial logging in relatively undisturbed 
                primary forests, nor should loans result in any 
                significant loss of tropical forests;
                  (ii) forestry loans should not be disbursed 
                until legal, economic, land tenure, and other 
                policy conditions needed to ensure 
                sustainability are in place;
                  (iii) loans should not support mineral, 
                petroleum, or other industrial development in, 
                or construction or upgrading of roads through, 
                relatively undisturbed primary forests unless 
                adequate safeguards and monitoring systems, 
                developed in consultation with local 
                populations, are already in place to prevent 
                degradation of the surrounding forests;
                  (iv) loans should be consistent with and 
                support the needs and rights of indigenous 
                peoples and other long-term forest inhabitants 
                and should not be made to countries which have 
                shown an unwillingness to resolve fairly the 
                territorial claims of such people; and
                  (v) support for protection of biological 
                diversity, in close consultation with local 
                communities, should be increased to account for 
                a larger proportion of MDB lending.
          (C) In the area of forced displacement of 
        populations--
                  (i) the World Bank, Inter-American 
                Development Bank, and Asian Development Bank 
                should maintain a listing, available to the 
                Secretary of the Treasury, of all ongoing 
                projects involving forced displacement of 
                populations, including the number of people 
                displaced and a report on the status of the 
                implementation of their resettlement policy 
                guidelines for each such project, and obtain 
                agreements with borrowers to ensure that all 
                ongoing projects involving forced displacement 
                will be in full compliance with their 
                resettlement policy guidelines by mid-1993; and
                  (ii) the African Development Bank should 
                adopt and implement policy guidelines on forced 
                displacement similar to such guidelines of the 
                other MDBs.
          (D) In the area of procedures for environmental 
        impact assessment (EIA)--
                  (i) each MDB should require that draft and 
                final EIA reports be made available to the 
                public in borrowing and donor countries and 
                that the public be offered timely opportunities 
                for comment on the EIA process, including 
                initial scoping sessions, review of EIA 
                categories assigned to individual projects, and 
                opportunities to comment on draft and final EIA 
                reports;
                  (ii) each MDB should apply EIA requirements 
                to all sector loans and develop and apply the 
                methodology for environmental assessment of 
                structural adjustment loans;
                  (iii) each MDB should require that the EIA 
                process include analyses of the potential 
                impacts of proposed projects on the global 
                environment; and
                  (iv) each MDB should require the head of the 
                appropriate environmental unit, rather than 
                project officers, determine the appropriate 
                type of environmental analysis required under 
                the bank's EIA procedures.
    (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.
---------------------------------------------------------------------------
    \4\ As enrolled. Should read ``Global Warming Initiative''.
---------------------------------------------------------------------------
          * * * * * * *

           notification to congress on debt relief agreements

    Sec. 548.\5\ The Secretary of State shall transmit to the 
Appropriations Committees of the Congress and to such other 
Committees as appropriate, a copy of the text of any agreement 
with any foreign government which would result in any debt 
relief no less than thirty days prior to its entry into force, 
other than one entered into pursuant to this Act, together with 
a detailed justification of the interest of the United States 
in the proposed debt relief: Provided, That the term ``debt 
relief'' shall include any and all debt prepayment, debt 
rescheduling, and debt restructuring proposals and agreements: 
Provided further, That the Secretary of State and the Secretary 
of the Treasury should in every feasible instance notify the 
Appropriations Committees of the Congress and such other 
Committees as appropriate not less than 15 days prior to any 
formal multilateral or bilateral negotiation for official debt 
restructuring, rescheduling, or relief: Provided further, That 
the Secretary of State or the Secretary of the Treasury, as 
appropriate, shall report not later than February 1 of each 
year a consolidated statement of the budgetary implications of 
all debt-related agreements entered into force during the 
preceding fiscal year.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 2395a note. Similar language through the first 
proviso was first enacted as sec. 563 of the Foreign Assistance 
Appropriations, 1988. The second and third provisos were first enacted 
in sec. 550 of the Foreign Assistance Appropriations Act, 1991.
---------------------------------------------------------------------------
          * * * * * * *

                         aid budget submission

    Sec. 599E.\6\ The President shall include with each budget 
for a fiscal year submitted to the Congress under section 1105 
of title 31, United States Code, materials that shall identify 
clearly and separately the amounts requested in the budget for 
appropriation for that fiscal year for salaries and expenses 
related to administrative activities of the Agency for 
International Development.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2381 note.
---------------------------------------------------------------------------
          * * * * * * *
    This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1993''.
     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.
---------------------------------------------------------------------------
    (j) Definitions.--For purposes of this section--
          (1) the term ``United States assistance'' has the 
        same meaning as is given to such term by section 
        481(i)(4) of the Foreign Assistance Act of 1961 and 
        includes United States military assistance as defined 
        in paragraph (2); and
          (2) the term ``United States military assistance'' 
        means--
                  (A) assistance to carry out chapter 2 
                (relating to grant military assistance) or 
                chapter 5 (relating to international military 
                education and training) of part II of the 
                Foreign Assistance Act of 1961; and
          (B) assistance to carry out section 23 of the Arms 
        Export Control Act.
          * * * * * * *

                     environment and global warming

  Sec. 533.\3\ (a) It is the policy of the United States that 
sustainable economic growth must be predicated on the 
sustainable management of natural resources. The Secretary of 
the Treasury shall instruct the United States Executive 
Director of each multilateral development bank (MDB) to promote 
vigorously within each MDB the expansion of programs in areas 
which address the problems of global climate change through 
requirements to--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 262l. Similar language was first enacted as sec. 540 
of the Foreign Assistance Appropriations Act, 1986.
---------------------------------------------------------------------------
          (1) expand programs in energy conservation, end use 
        energy efficiency, and renewable energy and promotion 
        by--
                  (A) continuing to augment and expand 
                professional staffs with expertise in these 
                areas;
                  (B) giving priority to these areas in the 
                ``least cost'' energy sector investment plans;
                  (C) encouraging and promoting these areas in 
                policy-based energy sector lending;
                  (D) developing loans for these purposes; and
                  (E) convening seminars for MDB staff and 
                board members on these areas and alternative 
                energy investment opportunities;
          (2) provide analysis for each proposed loan to 
        support additional power generating capacity comparing 
        demand reduction costs to proposal costs;
          (3) continue to assure that environmental impact 
        assessments (EIA) of proposed energy projects are 
        conducted early in the project cycle, include 
        consideration of alternatives to the proposed project, 
        and encourage public participation in the EIA process;
          (4) continue to include the environmental costs of 
        proposed projects with significant environmental 
        impacts in economic assessments; and
          (5) continue to provide technical assistance as a 
        component of energy sector lending.
  (b) The Secretary of the Treasury shall, not later than March 
1, 1991, submit an annual report to the Congress which shall 
include--
          (1) a detailed description of how the natural 
        resource management initiatives mandated by this 
        section have been incorporated in the Administration's 
        efforts to address Third World Debt (the Brady Plan);
          (2) a detailed description of progress made by each 
        of the MDBs in adopting and implementing programs 
        meeting the standards set out in subsection (a) 
        including, in particular, efforts by the Department of 
        the Treasury to assure implementation of this section, 
        progress made by each MDB in subsection (a)(1)(B), and 
        the amounts and proportion of lending in the energy 
        sector for projects or programs in subsection (a)(1);
          (3) the progress the Inter-American Development Bank 
        has made in implementing environmental reforms;
          (4) an updated analysis of each MDB's forestry sector 
        loans, and a current analysis of each MDB's energy 
        sector loans, and their impact on emissions of 
        CO2 and the status of proposals for specific 
        forestry and energy sector activities to reduce 
        CO2 emissions; and
          (5) the progress the International Bank for 
        Reconstruction and Development has made in implementing 
        the recommendations set forth in the April 1, 1988, 
        report on ``Debt-for-Nature Swaps'' by the World Bank.
  (c)(1) The Administrator of the Agency for International 
Development shall update and issue guidance to all Agency 
missions and bureaus detailing the elements of the ``Global 
Warming Initiative'',\4\ which will continue to emphasize the 
need to reduce emissions of greenhouse gases, especially 
CO2 and CFCs, through strategies consistent with 
continued economic development. This initiative shall continue 
to emphasize the need to accelerate sustainable development 
strategies in areas such as reforestation, biodiversity, end-
use energy efficiency, least-cost energy planning, and 
renewable energy, and shall encourage mission directors to 
incorporate the elements of this initiative in developing their 
country programs.
---------------------------------------------------------------------------
    \4\ See sec. 534 of the Foreign Assistance Appropriations Act, 
1990, page 1155.
---------------------------------------------------------------------------
  (2) The Administrator shall pursue this initiative by, among 
other things--
          (A) increasing the number and expertise of personnel 
        devoted to this initiative in all bureaus and missions;
          (B) devoting increased resources to technical 
        training of mission directors;
          (C) accelerating the activities of the Multi-Agency 
        Working Group on Power Sector Innovation;
          (D) focusing tropical forestry assistance programs on 
        the key middle- and low-income developing countries 
        (hereinafter ``key countries'') which are projected to 
        contribute large amounts of greenhouse gases to the 
        global environment;
          (E) assisting countries in developing a systematic 
        analysis of the appropriate use of their total tropical 
        forest resources, with the goal of developing a 
        national program for sustainable forestry;
          (F) focusing energy assistance activities on the key 
        countries, where assistance would have the greatest 
        impact on reducing emissions from greenhouse gases; and
          (G) continuing to follow the directives with respect 
        to key countries and countries that receive large 
        Economic Support Fund assistance contained in section 
        534(b)(3) of Public Law 101-167.
  (3) None of the funds appropriated in this Act shall be 
available for any program, project or activity which would--
          (A) result in any significant loss of tropical 
        forests; or
          (B) involve commercial \5\ timber extraction in 
        primary tropical forest areas unless an environmental 
        assessment: \6\
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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).
---------------------------------------------------------------------------
                  (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\
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    \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.''.
---------------------------------------------------------------------------
  (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.''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    (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:
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2291 note.
---------------------------------------------------------------------------
          (A) Those funds may be transferred to and 
        consolidated with the funds made available to carry out 
        section 481 of the Foreign Assistance Act of 1961 in 
        order to provide additional narcotics control 
        assistance for those countries. Funds transferred under 
        this paragraph may only be used to provide increased 
        funds for activities previously justified to the 
        Congress. Transfers may be made under this paragraph 
        without regard to the 20-percent increase limitation 
        contained in section 610 of the Foreign Assistance Act.
          (B) Any such funds not used under subparagraph (A) 
        shall be reprogrammed within the account for which they 
        were appropriated (subject to the regular reprogramming 
        procedures of the Committees on Appropriations) in 
        order to provide additional security assistance for 
        those countries.
    (2) As used in this section, the term ``security 
assistance'' means economic support fund assistance, foreign 
military financing, and international military education and 
training.
          * * * * * * *

      modernization of military capabilities of certain countries

    Sec. 573.\4\ (a) Authority To Transfer Excess Defense 
Articles.--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2321j note.
---------------------------------------------------------------------------
          (1) NATO southern flank countries.--The President may 
        transfer--
                  (A) to any NATO southern flank country which 
                is eligible for United States security 
                assistance and which is integrated into NATO's 
                military structure; and
                  (B) to any major non-NATO ally on the 
                southern and southeastern flank of NATO which 
                is eligible for United States security 
                assistance, such excess defense articles as may 
                be necessary to help modernize the defense 
                capabilities of such country.
          (2) Major illicit drug producing countries.--Subject 
        to subsection (f), the President may transfer to any 
        country--
                  (A) which is a major illicit drug producing 
                country,
                  (B) which has a democratic government, and
                  (C) whose armed forces do not engage in a 
                consistent pattern of gross violations of 
                internationally recognized human rights, such 
                excess defense articles as may be necessary to 
                carry out subsection (f)(1).
          (3) Terms of transfers.--Excess defense articles may 
        be transferred under this section without cost to the 
        recipient country.
    (b) Limitations on Transfers.--The President may transfer 
excess defense articles under this section only if--
          (1) they are drawn from existing stocks of the 
        Department of Defense;
          (2) funds available to the Department of Defense for 
        the procurement of defense equipment are not expended 
        in connection with the transfer; and
          (3) the President determines that the transfer of the 
        excess defense articles will not have an adverse impact 
        on the military readiness of the United States.
    (c) Notification to Congress.--
          (1) Advance notice.--The President may not transfer 
        excess defense articles under this section until thirty 
        days after the President has provided notice of the 
        proposed transfer to the committees specified in 
        paragraph (2). This notification shall include--
                  (A) a certification of the need for the 
                transfer;
                  (B) an assessment of the impact of the 
                transfer on the military readiness of the 
                United States; and
                  (C) the value of the excess defense articles 
                to be transferred.
          (2) Committees to be notified.--Notice shall be 
        provided pursuant to paragraph (1) to the Committee on 
        Foreign Affairs, and the Committee on Appropriations of 
        the House of Representatives and the Committee on Armed 
        Services, the Committee on Foreign Relations, and the 
        Committee on Appropriations of the Senate.
    (d) Waiver of Requirement for Reimbursement of DOD 
Expenses.--Section 632(d) of the Foreign Assistance Act of 1961 
does not apply with respect to transfers of excess defense 
articles under this section.
    (e) \5\ Maintenance of Military Balance in Eastern 
Mediterranean.--
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \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--
---------------------------------------------------------------------------
    \7\ Sec. 580 provided that ``Except as provided in section 581, the 
United States may not sell or otherwise make available any Stingers to 
any country bordering the Persian Gulf under the Arms Export Control 
Act of chapter 2 of part II of the Foreign Assistance Act of 1961.''.
    \8\ Sec. 573(b)(4) provided:
    ``(4) the recipient country has agreed to a United States buyback 
of all the remaining missiles and components which have not been 
destroyed or fired in order to return them to the possession and 
control of the United States when another United States air defense 
system which meets the military requirements can be made available or 
not more than 18 months from the enactment of this legislation.''.
    \9\ Sec. 566(b)(4) provided the same intent as the previous note.
---------------------------------------------------------------------------
          (1) the Stingers are needed by Bahrain to counter an 
        immediate air threat or to contribute to the protection 
        of United states personnel, facilities, equipment, or 
        operations;
          (2) no other appropriate system is available from the 
        United States;
          (3) Bahrain has agreed, in writing, to such 
        safeguards to protect against diversion of the Stingers 
        as may be required by the United States; and
          (4) Bahrain has agreed in writing to return to the 
        possession and control of the United States all 
        Stingers made available under those sections and 
        subsection (b) of this section, other than Stingers 
        which have been fired or otherwise destroyed, at any 
        time the United States determines, subject to 
        subsection (c).
    (b) Replacement Stingers.--Notwithstanding section 580, 
Stingers may be made available to Bahrain under the Arms Export 
Control Act of the Foreign Assistance Act of 1961 after 
September 30, 1989, in order to replace, on a one-for-one 
basis, Stingers previously made available under this 
subsection, sec. 573 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1988, or 
section 566 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989, that have been fired 
or otherwise destroyed, subject to the following conditions:
          (1) Determinations.--Replacement Stingers may be made 
        available to Bahrain pursuant to this subsection only 
        if the President makes the determinations specified in 
        paragraphs (1) through (4) of subsection (a).
          (2) Notice to congress before stingers are 
        transferred.--At least 30 days before making any 
        replacement Stingers available to Bahrain pursuant to 
        this subsection, the President shall notify the 
        committees designated in subsection (a) that he has 
        made the determinations required by paragraph (1). Any 
        such notification shall include the information 
        required in a certification under section 36(b) of the 
        Arms Export Control Act. This paragraph applies without 
        regard to the value of the Stingers to be made 
        available.
    (c) Return of Stingers to the United States.--All Stingers 
made available to Bahrain pursuant to subsections (a) and (b), 
other than those fired or otherwise destroyed, shall be 
returned to the possession and control of the United states not 
later than September 30, 1991, unless the President--
          (1) determines that each of the conditions specified 
        in subsection (a) continues to apply; and
          (2) notifies the committees designated in subsection 
        (a) not later than September 15, 1991, in accordance 
        with the regular reprogramming procedures of such 
        committees, that the United States intends to waive the 
        requirement that the Stingers be returned to the United 
        States by the date specified in the subsection.
          * * * * * * *

       establishing categories of aliens for purposes of refugee 
                             determinations

    Sec. 599D.\10\ (a) In General.--In the case of an alien who 
is within a category of aliens established under subsection 
(b), the alien may establish, for purposes of admission as a 
refugee under section 207 of the Immigration and Nationality 
Act, that the alien has a well-founded fear of persecution on 
account of race, religion, nationality, membership in a 
particular social group, or political opinion by asserting such 
a fear and asserting a credible basis for concern about the 
possibility of such persecution.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
                  (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.
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \18\ 8 U.S.C. 1255 note.
---------------------------------------------------------------------------
          (1) applies for such adjustment,
          (2) has been physically present in the United States 
        for at least 1 year and is physically present in the 
        United States on the date the application for such 
        adjustment is filed,
          (3) is admissible to the United States as an 
        immigrant, except as provided in subsection (c), and
          (4) pays a fee (determined by the Attorney General) 
        for the processing of such application.
    (b) Aliens Eligible for Adjustment of Status.--The benefits 
provided in subsection (a) shall only apply to an alien who--
          (1) was a national of an independent state of the 
        former Soviet Union, Estonia, Latvia, Lithuania,\19\ 
        Vietnam, Laos, or Cambodia, and
---------------------------------------------------------------------------
    \19\ Sec. 582(b)(2) of Public Law 102-391 (106 Stat. 1686) struck 
out ``of the Soviet Union,'' and inserted in lieu thereof ``of an 
independent state of the former Soviet Union, Estonia, Latvia, 
Lithuania,''. Sec. 905(b)(2) of the FREEDOM Support Act (Public Law 
102-511; 106 Stat. 3356) made the same amendment.
---------------------------------------------------------------------------
          (2) was inspected and granted parole into the United 
        States during the period beginning on August 15, 1988, 
        and ending on September 30, 2009,\20\ after being 
        denied refugee status.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    (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)''.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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.
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  (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.''.
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    (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.
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    \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.
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    (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--
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    \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''.
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          (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.
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    \4\ Sec. 219(b)(1) of Public Law 104-186 (110 Stat. 1748) struck 
out ``Clerk'' and inserted in lieu thereof ``Chief Administrative 
Officer''.
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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.
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    \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--
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  ``(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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