[Congressional Record Volume 140, Number 15 (Tuesday, February 22, 1994)]
[Senate]
[Page S]
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[Congressional Record: February 22, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. PELL (by request):
  S. 1856. A bill entitled the ``Peace, Prosperity, and Democracy Act 
of 1994''; to the Committee on Foreign Relations.


              Peace, prosperity and democracy act of 1994

  Mr. PELL. Mr. President, by request, I introduce for appropriate 
reference a bill entitled the ``Peace, Prosperity, and Democracy Act of 
1994.''
  This proposed legislation has been requested by the Department of 
State, and I am introducing it in order that there may be a specific 
bill to which Members of the Senate and the public may direct their 
attention and comments.
  I reserve my right to support or oppose this bill, as well as any 
suggested amendments to it, when the matter is considered by the 
Committee on Foreign Relations.
  I ask unanimous consent that the bill be printed in the Record at 
this point, together with the sectional analysis and the letter from 
the Secretary of State, which has received on February 2, 1994.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1856

       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 ``Peace, Prosperity, and 
     Democracy Act of 1994.''

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

Sec. 3. Statement of policy.

                    TITLE I--SUSTAINABLE DEVELOPMENT

             CHAPTER 1--SUSTAINABLE DEVELOPMENT AUTHORITIES

Sec. 1101. Statement of policy.
Sec. 1102. Policies concerning sustainable development programs.
Sec. 1103. Voluntary cooperation in development.
Sec. 1104. Microenterprise and other credit programs.
Sec. 1105. Availability of funds.

                 CHAPTER 2--DEVELOPMENT FUND FOR AFRICA

Sec. 1201. Sustainable development programs for Sub-Saharan Africa.

                  CHAPTER 3--ROLE OF RELATED PROGRAMS

Sec. 1301. Statement of policy regarding role of International 
              Financial Institutions.
Sec. 1302. Statement of policy regarding role of Peace Corps.
Sec. 1303. Statement of policy regarding role of African Development 
              and Inter-American Foundations.
Sec. 1304. Statement of policy regarding role of Pubic Law 480 Non-
              Emergency Title II and Title III Programs.

                      TITLE II--BUILDING DEMOCRACY

Sec. 2001. Findings and statement of policy.

                     CHAPTER 1--PROMOTING DEMOCRACY

                 Subchapter A--Countries in Transition

Sec. 2101. Authority.
Sec. 2102. Objectives and types of assistance.
Sec. 2103. Availability of funds; authorities.

       Subcapter B--Independent States of the Former Soviet Union

Sec. 2201. Statement of policy.
Sec. 2202. Availability of funds.

                Subchapter C--Central and Eastern Europe

Sec. 2301. Statement of policy.
Sec. 2302. Availability of funds.

                  CHAPTER 2--INFORMATION AND EXCHANGE

Sec. 2401. Policy.

                       TITLE III--PROMOTING PEACE

Sec. 3001. Statement of Policy.

              CHAPTER 1--PEACEKEEPING AND RELATED PROGRAMS

Sec. 3101. Statement of policy.
Sec. 3102. General authority.
Sec. 3103. Drawdown authorities.

            CHAPTER 2--NONPROLIFERATION AND DISARMAMENT FUND

Sec. 3201. Statement of policy.
Sec. 3202. Provision of assistance.
Sec. 3203. Availability of Funds.
Sec. 3204. Drawdown authorities.

      CHAPTER 3--REGIONAL PEACE, SECURITY AND DEFENSE COOPERATION

Sec. 3301. Statement of policy.
Sec. 3302. Authority and purposes.
Sec. 3303. Considerations in providing defense cooperation assistance.
Sec. 3304. Availability of funds.

  CHAPTER 4--INTERNATIONAL NARCOTICS TRAFFICKING, TERRORISM AND CRIME 
                               PREVENTION

Sec. 3401. Statement of policy.
Sec. 3402. Authorities.
Sec. 3403. Provisions related to anti-narcotics programs.
Sec. 3404. Provisions related to law enforcement training.
Sec. 3405. Waiver of certain restrictions on assistance.
Sec. 3406. Availability of funds.

              TITLE IV--PROVIDING HUMANITARIAN ASSISTANCE

Sec. 4001. Statement of policy.

                     CHAPTER 1--REFUGEE ASSISTANCE

Sec. 4101. Statement of policy and purposes.
Sec. 4102. Availability of funds.

                     CHAPTER 2--DISASTER ASSISTANCE

Sec. 4201. Policy.
Sec. 4202. Authority to provide assistance.
Sec. 4203. Availability of funds.

                  CHAPTER 3--EMERGENCY FOOD ASSISTANCE

Sec. 4301. Statement of policy regarding emergency food assistance 
              under Public Law 480, Title II.

         TITLE V--PROMOTING GROWTH THROUGH TRADE AND INVESTMENT

Sec. 5001. Statement of policy.

           CHAPTER 1--OVERSEAS PRIVATE INVESTMENT CORPORATION

Sec. 5101. Purpose and policy.
Sec. 5102. Investment insurance, financing, and other programs.
Sec. 5103. Enhancing private political risk insurance industry.
Sec. 5104. Issuing authority and reserves.
Sec. 5105. Guidelines and requirements for OPIC support.

                CHAPTER 2--TRADE AND DEVELOPMENT AGENCY

Sec. 5201. Purposes.
Sec. 5202. Authority to provide assistance.
Sec. 5203. Availability of funds.

                  CHAPTER 3--ROLE OF RELATED PROGRAMS

Sec. 5301. Statement of policy regarding role of Public Law 480 Title I 
              programs.
Sec. 5302. Statement of policy regarding role of Export-Import Bank.

                     TITLE VI--ADVANCING DIPLOMACY

Sec. 6001. Statement of policy.

TITLE VII--SPECIAL AUTHORITIES, RESTRICTIONS ON ASSISTANCE, AND REPORTS

                     CHAPTER 1--SPECIAL AUTHORITIES

Sec. 7101. Authority to transfer between accounts.
Sec. 7102. Special waiver authority.
Sec. 7103. Unanticipated contingencies.
Sec. 7104. Assistance for law enforcement agencies.
Sec. 7105. Termination expenses.
Sec. 7106. Exemption of assistance through nongovernmental 
              organizations from restrictions.
Sec. 7107. Exemption of training activities from prohibitions.
Sec. 7108. Nonapplicability to defense assistance of certain neutrality 
              act provisions.
Sec. 7109. Exemption from prohibitions for assistance to address 
              certain special needs.
Sec. 7110. Authority to conduct reimbursable programs.
Sec. 7111. Drawdown authority.
Sec. 7112. Interest accruing to nongovernmental organizations.
Sec. 7113. Development education.
Sec. 7114. Strengthening the capacity of nongovernmental organizations, 
              including research and educational institutions.
Sec. 7115. Violations of international humanitarian law.
Sec. 7116. Laws relating to contracts and government expenditures.
Sec. 7117. Transportation charges incurred by the Red Cross and 
              nongovernmental organizations.

                 CHAPTER 2--RESTRICTIONS ON ASSISTANCE

Sec. 7201. Ineligible countries.
Sec. 7202. Impact of foreign assistance programs on jobs in the United 
              States.
Sec. 7203. Family planning activities.
Sec. 7204. Competition with United States exports.
Sec. 7205. Nuclear nonproliferation.
Sec. 7206. Major illicit drug producing and drug transit countries.
Sec. 7207. Assistance for elections.
Sec. 7208. Assignment of personnel.
Sec. 7209. Assistance limited to economic programs.
Sec. 7210. Impact of sustainable development assistance on environment 
              and natural resources.

            CHAPTER 3--REPORTS AND NOTIFICATIONS TO CONGRESS

Sec. 7301. Congressional presentation documents.
Sec. 7302. Human rights policy and reports.
Sec. 7303. International narcotics control report.
Sec. 7304. Annual allocation report.
Sec. 7305. Notification of program changes.
Sec. 7306. Evaluation and monitoring of program performance.

                     TITLE VIII--GENERAL PROVISIONS

           CHAPTER 1--EXERCISE AND COORDINATION OF FUNCTIONS

Sec. 8101. Delegations by the President.
Sec. 8102. Role of the Secretary of State.
Sec. 8103. The Secretary of Defense.
Sec. 8104. United States Agency for International Development.
Sec. 8105. The Director of the Arms Control and Disarmament Agency.
Sec. 8106. Authority to establish offices abroad.
Sec. 8107. Presidential findings and determinations.

                 CHAPTER 2--ADMINISTRATIVE AUTHORITIES

                   Subchapter A--General Authorities

Sec. 8201. Allocation of funds and reimbursement among agencies.
Sec. 8202. General authorities.
Sec. 8203. Authorized administrative uses of funds.

     Subchapter B--Department of Defense Administrative Authorities

Sec. 8211. Administrative Expenses.
Sec. 8212. End use and retransfer assurances.
Sec. 8213. Approval of third country transfers.
Sec. 8214. Exchange training.

      CHAPTER 3--SPECIAL REQUIREMENTS AND AUTHORITIES RELATING TO 
                  APPROPRIATIONS AND LOCAL CURRENCIES

          Subchapter A--Provisions Relating to Appropriations

Sec. 8301. Requirement for authorization of appropriations.
Sec. 8302. Authority for extended period of availability of 
              appropriations.
Sec. 8303. Reduction in earmarks.
Sec. 8304. Obligation upon apportionment.

                     Subchapter B--Local Currencies

Sec. 8311. Use of certain foreign currencies.
Sec. 8312. Interest on U.S.-owned foreign currency proceeds.

           CHAPTER 4--PROCUREMENT AND DISPOSITION OF ARTICLES

Sec. 8401. Use of private enterprise.
Sec. 8402. Procurement standards and procedures.
Sec. 8403. Shipping on United States vessels.
Sec. 8404. Excess and other available property.
Sec. 8405. Grant transfers of excess defense articles.
Sec. 8406. Stockpiling of defense articles for foreign countries.
Sec. 8407. Location of stockpiles.
Sec. 8408. Additions to war reserve stocks.
Sec. 8409. Retention and use of certain items and funds.

            CHAPTER 5--PERSONNEL AND ADMINISTRATIVE EXPENSES

                         Subchapter A--General

Sec. 8501. Statutory officers in the United States Agency for 
              International Development.
Sec. 8502. Employment of personnel.
Sec. 8503. Experts, consultants, and retired officers.
Sec. 8504. Detail of personnel to foreign governments and international 
              organizations.
Sec. 8505. Head of offices abroad.
Sec. 8506. Chairman of OECD Development Assistance Committee.
Sec. 8507. Assignment of DOD personnel to civil offices.
Sec. 8508. Discrimination against United States personnel providing 
              assistance.
Sec. 8509. Availability of funds for operating expenses generally.
Sec. 8510. Availability of funds for operating expenses of the 
              inspector general.
Sec. 8511. Availability of funds.

   Subchapter B--Overseas Management of Assistance and Sale Programs 
             Administered Through the Department of Defense

Sec. 8521. Authorized functions.
Sec. 8522. Costs.
Sec. 8523. Role of chief of mission

 Subchapter C--Administrative Provisions for the Trade and Development 
                                 Agency

Sec. 8531. Director and personnel
Sec. 8532. Audits
Sec. 8533. Annual report.

   Subchapter D--Administrative Provisions for the Overseas Private 
                         Investment Corporation

Sec. 8541. Stock of the Corporation.
Sec. 8542. Organization and management.
Sec. 8543. Income and revenues.
Sec. 8544. General provisions relating to insurance and financing 
              program.
Sec. 8545. General provisions and powers.
Sec. 8546. Annual report; maintanence of information.
Sec. 8547. Definitions.

         Subchapter E--Definitions and Miscellaneous Provisions

Sec. 8551. Definitions.
Sec. 8552. Activities under other laws not affected.

             TITLE IX--TECHNICAL AND CONFORMING PROVISIONS

Sec. 9101. Effective date.
Sec. 9102. Savings provisions.
Sec. 9103. Miscellaneous provisions.
Sec. 9104. Conforming and other amendments.
Sec. 9105. Transition rules for military assistance.
Sec. 9106. Repeal of obsolete provisions.

     SEC. 3. STATEMENT OF POLICY.

       Statement of Policy.--
       (1) The people of the United States are embarking on a new 
     era of domestic renewal that will draw strength through 
     expanding cooperation abroad to advance United States 
     economic and political interests and to meet the challenges 
     of a new century.
       (2) The interests of the United States are best served by a 
     community of nations that respects individual human rights 
     and democracy, resolves conflicts peacefully, engages in free 
     and open trade, uses the world's limited natural resources in 
     a sustainable manner, and in which fundamental human needs 
     are met.
       (3) Sustainable development is in the long-term interest of 
     the United States because without such development, economic, 
     political and security problems will multiply and generate 
     future costs and burdens; and because overpopulation and 
     environmental destruction threaten to undercut the best 
     efforts of nations to build peace and prosperity.
       (4) Strengthening democracy and human rights advances 
     United States interests: democracies are conducive to free 
     markets; they are more reliable partners, more receptive to 
     cooperation in environmental protection and other global 
     problems, and less prone to wage war on each other or sponsor 
     terrorism. Strengthening democracy is especially critical to 
     achieving what must remain an overriding goal of the United 
     States: helping to create a world in which respect for human 
     rights and fundamental freedoms can flourish.
       (5) In this new era of more diffuse challenges to the 
     security of the United States, the United States recognizes 
     the need to maintain and restore peace through arms control, 
     nonproliferation, regional peace processes, and collective 
     defense, efforts, and for continued vigilance against a wide-
     range of increasingly transnational security challenges, 
     including international narcotics trafficking, terrorism and 
     other international crime that affect the personal safety of 
     the people of the United States.
       (6) United States Government support for efforts to 
     alleviate suffering and help people help themselves reflects 
     the ideals of the people of the United States who have a long 
     and unequaled record of responding quickly and substantially 
     to humanitarian crises caused by natural and manmade 
     disasters.
       (7) An open and growing world trading system will benefit 
     United States workers through expanding global markets and 
     create a more prosperous and secure world. Promotion of 
     broad-based economic growing in developing countries is an 
     important means for expanding the fastest growing markets for 
     United States exports.
       (8) Diplomacy effectively advances United States security 
     and prosperity, meets long-term global challenges, and builds 
     cooperative arrangements with allies and multilateral 
     organizations.
       (9) Foreign assistance programs are in the national 
     interest of the United States, and to meet the diverse 
     challenges of a new century, the United States must command a 
     full range of creative foreign policy tools to shape a 
     comprehensive, long-term approach to promoting the United 
     States national interests reflected in the objectives of this 
     Act: Promoting Sustainable Development, Building Democracy, 
     Promoting Peace, Providing Humanitarian Assistance, Promoting 
     Growth Through Trade and Investment, and Advancing Diplomacy.

                    TITLE I--SUSTAINABLE DEVELOPMENT

             CHAPTER 1--SUSTAINABLE DEVELOPMENT AUTHORITIES

     SEC. 1101. STATEMENT OF POLICY.

       Statement of Policy.--
       (1) United States prosperity and security in the Twenty-
     first Century will depend on the successful pursuit of global 
     sustainable development based on an abiding commitment to 
     democratic, free-market principles.
       (2) The transnational threats of persistent poverty, global 
     environmental degradation and rapid population growth 
     threaten to undercut the best efforts of the world community 
     to ensure a more prosperous and peaceful future. Addressing 
     these threats will require, among other things, an 
     appropriate mix of people-to-people, bilateral and 
     multilateral assistance to complement local action.
       (3) The people of the United States have long demonstrated 
     a moral commitment to help those in need and to provide 
     assistance that reflects the traditional humanitarian ideals 
     of the people of the United States.
       (4) The promotion of long-term, equitable, and 
     environmentally sustainable development can help to prevent 
     humanitarian crises and to reduce the vulnerability of 
     people, particularly children, to natural and manmade 
     disasters, which are costly in terms of both human life and 
     financial resources.
       (5) United States support for people-to-people, bilateral 
     and multilateral sustainable development programs must, 
     therefore, be targeted on broad-based, economic growth that 
     reduces hunger and poverty, protects the environment, 
     enhances human capabilities, upholds democratic values, and 
     improves the quality of life for current generations while 
     preserving that opportunity for future generations through, 
     among other things, helping the poor majority of women, men, 
     and children in developing countries participate in the 
     development process.
       (6) Sustainable development efforts will be significantly 
     enhanced through the broad participation and active 
     engagement of the United States-based private sector, 
     including universities, labor unions, and private voluntary 
     organizations, and the people of each nation as producers, 
     workers, and citizens of their communities, in shaping 
     development policies and in defining, implementing, and 
     evaluating programs and projects.
       (7) The ultimate measure of success of programs under this 
     title is to reach a point where improvements in the quality 
     of life and the environment are such that assistance is no 
     longer necessary and can be replaced by new forms of 
     diplomacy, cooperation and commerce.

     SEC. 1102. POLICIES CONCERNING SUSTAINABLE DEVELOPMENT 
                   PROGRAMS.

       (a) Purposes of Sustainable Development Programs.--The 
     promotion of sustainable development is in the long-term 
     interests of the United States. Sustainable development 
     signifies broad-based, economic growth which protects the 
     environment, enhances human capabilities, upholds democratic 
     values, and improves the quality of life for current 
     generations while preserving that opportunity for future 
     generations. The objectives of sustainable development are 
     pursued by supporting the self-help efforts of people in 
     developing countries to implement sound policies that 
     increase self-reliance, equity, and productive capacity, to 
     invest in their people, and build effective and accountable 
     indigenous political, economic and social institutions.
       (b) Sustainable Development Objectives.--The purposes 
     described in subsection (a) can best be achieved through a 
     balanced, participatory and comprehensive cooperation program 
     targeted on the following four inter-dependent objectives--
       (1) Encouraging broad-based economic growth.--
       (A) Rationale.--Broad-based economic growth signifies 
     equitable and inclusive economic expansion in developing 
     countries. Such growth is in the economic, political, and 
     strategic interests of the United States because it permits 
     countries to progress toward economic self-reliance, improve 
     the living standards of their citizens, reduce the incidence 
     of poverty, promote food security and nutritional well-being, 
     slow population growth, and increase opportunities for 
     mutually beneficial international trade and investment. 
     Broadly-based economic progress also improves the prospects 
     for the spread of democracy and political pluralism. Economic 
     stagnation or narrowly based-economic growth may fuel 
     political instability and threaten international security and 
     cooperation.
       (B) Objective.--Broadly-based, sustainable growth requires, 
     in addition to sound economic policies:
       (i) investments in people, particularly poor people, in the 
     form of health, nutrition, education, shelter and other 
     critical social services;
       (ii) a broader role for and access to markets for both 
     women and men through improved policies that protect and 
     advance economic rights for all citizens without regard to 
     gender, race, religion, language or social status, increase 
     self-reliance in meeting basic needs, and raise real incomes 
     for poor people;
       (iii) stronger and more accountable public and private 
     institutions at the local and national level, and sound 
     public investments;
       (iv) enhanced food security, including improved access to 
     safe food and adequate nutrition through sustainable 
     improvements in agriculture and post-harvest food 
     preservation;
       (v) sound debt management, including responsible relief as 
     appropriate;
       (vi) investments in people's productive capabilities, 
     including measures to upgrade people's technical and 
     managerial knowledge and skills; and
       (vii) measures to ensure that the poor have access to 
     productive resources, including affordable and resource-
     conserving technologies, technical as well as market-related 
     information, and credit, especially for small farms, small 
     and micro-enterprises, and the poorest self-employed sector, 
     and otherwise, fully participate in the benefits of growth in 
     employment and income.
       (2) Protecting the Global Environment.--
       (A) Rationale.--The economic and social well-being and the 
     security of the United States, indeed the health of our 
     citizens, depend critically on the global environment and 
     physical resource base. Consumption patterns, systems of 
     industrial and agricultural production, demographic trends, 
     and use of natural resources directly affect the 
     sustainability of long-term development and growth, and of 
     the ecosystem. Development that does not take account of its 
     environmental consequences will not be economically 
     sustainable in the long run. Improved resource management is 
     a critical element of a balanced pattern of development. Both 
     developed and developing countries share responsibility to 
     present and future generations for the rational and 
     sustainable management of natural resources and for 
     environmental protection. Developing countries not only 
     suffer from the consequences of environmental degradation, 
     but also contribute to that degradation as they struggle to 
     meet the basic needs of their people. Therefore, 
     environmental sustainability cannot be secured without 
     reducing poverty, nor can poverty be eliminated without 
     sustainable management of the natural resource base.
       (B) Objective.--Sustainable development programs authorized 
     by this chapter should address the root causes of 
     environmental harm, promote environmentally-sound patterns of 
     growth and support improved management of natural resources 
     and protection of the environment. These activities shall 
     include efforts to address urgent global environmental 
     challenges, including the loss of biological diversity and 
     global climate change, as well as efforts to address 
     significant environmental problems within countries and 
     regions. Such efforts shall seek to promote sound 
     environmental policies and practices which simultaneously 
     enhance long-term economic growth.
       (3) Supporting Democratic Participation.--
       (A) Rationale.--It is in the national interest of the 
     United States and in keeping with our democratic traditions 
     to support democratic aspirations and values, foster the 
     spread of enduring democratic institutions, and encourage 
     universal respect for civil and human rights. The 
     establishment of local governance, civil society and 
     democratic institutions, including business associations and 
     labor unions, is an essential element of the ability of 
     nations to sustain development efforts.
       (B) Objective.--Sustainable development programs must help 
     to build the strengthen organizations and institutions that 
     foster participation in economic and political decision-
     making at the local and national levels. Such programs shall 
     help promote: respect for human rights and the rule of law; 
     an expanding role for nongovernmental and citizens 
     organizations and their capacity to effectively participate 
     in political and economic decision-making and to implement 
     development programs; means to enhance citizen access to 
     public information; the ability of all citizens to choose 
     freely their government and to hold that government 
     accountable for its actions; efforts which advance legal, 
     social, and economic equality for women, workers, and 
     minorities; respect for the rights of women, workers, and 
     minorities; and principles of tolerance among and within 
     religious and ethnic groups.
       (4) Stabilizing World Population Growth.--
       (A) Rationale.--Excessive population growth rates, among 
     other factors, aggravates poor health, perpetuates poverty, 
     and inhibits saving and investment, particularly investments 
     in people in the form of basic health, child survival, and 
     education services. Continued excessive growth in world 
     population rates will undercut sustainable development 
     efforts. Unsustainable population growth is directly tied to 
     degradation of the natural resource base and the environment 
     and contributes to economic stagnation and political 
     instability. The problems associated with excessive 
     population growth are interrelated with economic and social 
     inequities, particularly the low status of women, and 
     patterns of resource consumption. Excessive population growth 
     impedes development and retards progress on global issues of 
     direct concern to the United States.
       (B) Objective.--The primary objectives are: to reduce 
     population growth to rates that are consistent with 
     sustainable, broadly-based development, to provide women and 
     men with the means to freely and responsibly choose the 
     number and spacing of their children, and to contribute to 
     improved reproductive health. This calls for a focus on 
     enhanced access to and quality of voluntary family planing 
     services and reproductive health care. This also calls for 
     strong and sustained programs in child survival and the 
     prevention of HIV/AIDS. Improvement of female education and 
     raising the economic and social status of women, carried out 
     within the context of encouraging broad-based economic 
     growth, are particularly important complementary activities 
     that contribute to these objectives.
       (C) Principles.--To achieve the objectives of this section, 
     sustainable development programs authorized by this chapter 
     shall be carried out in accordance with the following 
     principles--
       (1) Popular Participation.--
       (A) In general.--Sustainable development depends for its 
     success on the empowerment of people to make political and 
     economic decisions. Participation, in the form of active 
     involvement of program participants in the identification, 
     design, implementation, and evaluation of development 
     programs is critical to the success of those programs. 
     Therefore, assistance under this chapter should incorporate 
     the local-level perspectives of all participants, especially 
     the rural and urban poor and women, in the identification, 
     design, implementation, and evaluation of projects, programs, 
     and development policies, as well as in the design of country 
     assistance strategies and overall strategic objectives.
       (B) Role of women in the development process.--The 
     expansion of women's opportunities is essential to reduce 
     poverty, lower population growth and bring about effective 
     and sustainable development. The active involvement of women 
     in economic, political, and social activities is necessary to 
     promote democracy and to assure sustainable development. 
     Women, including local and indigenous women's groups, must be 
     involved as agents as well as beneficiaries of change in all 
     aspects of the development process. Women, therefore, should 
     be integrally involved in policies, programs, and projects 
     undertaken to achieve the objectives and purposes of this 
     section.
       (C) Nongovernmental organizations.--For development to be 
     broad-based and sustainable, it is imperative to consult 
     with, and fully engage in the policy and program planning 
     process, nongovernmental organizations representatives of, 
     and knowledgeable about, local people and their interests. 
     Nongovernmental organizations, including private voluntary 
     organizations, cooperatives and credit unions, labor unions, 
     women's groups, and indigenous local organizations, should be 
     fully utilized in meeting the objectives and purposes of this 
     section through, among other things, regular involvement in 
     the formulation of development strategies for countries and 
     sectors.
       (D) Utilization of United States institutional 
     capabilities.--Programs undertaken to achieve the sustainable 
     development objectives of this chapter should recognize and 
     take advantage of--
       (i) United States capabilities in science and technology;
       (ii) access to education and training in United States 
     colleges, universities, and technical training facilities; 
     and
       (iii) United States public sector expertise.
       This may be encouraged through, among other things, long-
     term collaboration between public and private institutions of 
     science, technology, and education in the United States and 
     developing countries.
       (2) Managing for Results.--
       (A) In General.--Assistance cannot substitute for a 
     developing country's own efforts to improve the lives of its 
     people, nor can the United States afford to provide 
     assistance which does not yield enduring results in terms of 
     improving the lives of the poor, encourage a stable and 
     prosperous global order, and contribute to the interests of 
     the people of the United States.
       (B) Country Requirements.--Sustainable development programs 
     under this chapter shall be concentrated in countries that 
     have a demonstrated need for such programs, that will make 
     effective use of such programs, and that have a commitment to 
     achieving clear development objectives. Indicators of such 
     countries include the extent to which: there is a high 
     incidence of hunger and poverty, there is an enabling 
     environment in which government economics and sound policies 
     are conducive to accomplishing the sustainable development 
     objectives contained in subsection (b) of this section, 
     government decision-making is transparent, government 
     institutions are accountable to the public, an independent 
     and honest judiciary is maintained, local government bodies 
     are democratically elected, and political parties, 
     nongovernmental organizations and the media operate without 
     undue constraints.
       (C) Measuring Results.--The United States assistance 
     program under this chapter will assess the commitment and 
     progress of countries in moving toward the sustainable 
     development objectives contained in subsection (b) of this 
     section and the contributions made to this progress by 
     assistance provided under this chapter. The United States 
     will establish open and transparent systems to monitor these 
     results, and will be prepared to shift scarce resources from 
     unproductive programs, sectors or countries to those which 
     have demonstrated the commitment and ability to use them 
     effectively.
       (3) International coordination.--The United States shall 
     seek wherever possible to coordinate its sustainable 
     development program with other bilateral and multilateral 
     donors, as well as with the private sector, in order to 
     maximize the effectiveness of resources allocated to 
     sustainable development.

     SEC. 1103 VOLUNTARY COOPERATION IN DEVELOPMENT.

       (a) Statement of Policy.--
       (1) The sustained participation of United States private 
     voluntary organizations, labor unions, cooperatives, and 
     credit unions that are engaged in activities that are 
     relevant to the development needs of developing countries 
     serves as an important means of improving the lives of the 
     poor in those countries and enhances the likelihood that the 
     goals of this title will be attained.
       (2) The sustained participation of United States and 
     overseas cooperatives and credit unions provides an 
     opportunity for people in developing countries to participate 
     directly in democratic decisionmaking for their economic and 
     social benefit through ownership and control of business 
     enterprises and through the mobilization of local capital and 
     saving. These organizations should be utilized in fostering 
     democracy, free markets, and self-help, community-based 
     development.
       (3) Similarly, sustained participation of United States 
     colleges and universities in the economic development 
     programs of the developing countries and the building of 
     indigenous university systems that support the educational, 
     research, and service needs of their societies is vital to 
     their achieving sustainable economic growth and open 
     democratic political systems and, at the same time, supports 
     the internationalization of United States educational 
     institutions by strengthening their faculty and the programs 
     available to their students.
       (4) Such sustained participation would be enhanced through 
     provisions within the United States Agency for International 
     Development to provide such organizations and institutions 
     with the opportunity to participate in the planning, 
     development and implementation and evaluation of programs 
     that involve those organizations and institutions.
       (b) Partnership Relationship.--The President is encouraged 
     to establish a formal, effective, and continuing partnership 
     relationship with private voluntary organizations, 
     cooperatives, and credit unions which have experience in 
     working in developing countries, and with United States 
     colleges and universities, with the objective of enhancing 
     attainment of the goals set forth in this title. Individuals 
     who are from such organizations and institutions and who have 
     expertise and administrative experience in programs relevant 
     to the development needs of developing countries should be 
     consulted on a regular basis so as to bring their expertise 
     to bear on those objectives.
       (c) American Schools and Hospitals.--The President is 
     authorized to use funds made available to carry out the 
     provisions of this Act for support of--
       (1) schools and libraries, outside the United States, that 
     are sponsored by United States citizens and serve as study 
     and demonstration centers for ideas and practices of the 
     United States, and
       (2) hospital centers for medical education and research, 
     outside the United States, that are sponsored by United 
     States citizens,
     where such support is in furtherance of the objectives of 
     this title.

     SEC. 1104. MICROENTERPRISE AND OTHER CREDIT PROGRAMS.

       Credit resources can be a cost effective tool in fostering 
     sustainable development where borrowers and projects are 
     credit worth and where the costs of such credit assistance 
     are capable of being reasonably estimated. Subject to section 
     8202(i), the President is authorized to provide assistance 
     for credit programs in furtherance of the sustainable 
     objectives, as follows:
       (1) Micro- and Small Enterprise Development.--To promote 
     the full participation in a country's economy by all members 
     of society through increased access to formal financial 
     markets.
       (2) Shelter, Urban Development, and Environmental 
     Infrastructure.--To address needs and shelter, urban services 
     and facilities, and urban environmental management systems, 
     including water treatment and waste disposal systems.
       (3) Other Projects and Programs.--To carry out other 
     purposes of this chapter that can be met with credit 
     resources.

     SEC. 1105. AVAILABILITY OF FUNDS.

       The President is authorized to carry out programs in 
     support of the sustainable development objectives of this 
     chapter. Funds shall be available to carry out the provisions 
     of this chapter as authorized and appropriated to the 
     President each fiscal year.

                 Chapter 2--Development Fund for Africa

     SEC. 1201. SUSTAINABLE DEVELOPMENT PROGRAMS AND SUB-SAHARAN 
                   AFRICA.

       (a) Statement of Policy.--
       (1) Sub-Saharan Africa faces serious obstacles to 
     sustainable development, including high levels of poverty, 
     high levels of disease burden especially tropical diseases 
     and HIV/AIDS, environmental degradation, high population 
     growth rates and, in some countries, civil conflicts that 
     threaten the welfare of millions of people.
       (2) Sub-Saharan Africa is also undergoing significant 
     but fragile economic, social, and political change, 
     including economic reforms and transition to democracies, 
     which hold promise of progress in sustainable development.
       (3) Sub-Saharan Africa possesses numerous species, as well 
     as major forest reserves, which will become increasingly 
     threatened in the absence of sustainable development.
       (4) The challenges facing sub-Saharan Africa require a 
     steady, long-term approach to development, and therefore the 
     purpose of the Development Fund for Africa shall continue to 
     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.
       (5) Experience has shown that in order to be effective and 
     sustainable, assisted development projects and programs must 
     be based on local consultation and involvement.
       (6) By addressing the broad sustainable development 
     objectives of encouraging broad-based economic growth, 
     reducing excessive population growth rates, preserving the 
     environment, and strengthening democratic governance and 
     expanding popular participation, programs for sub-Saharan 
     Africa can directly improve the lives of the poor majority of 
     Africans.
       (b) Local Perspectives.--In carrying out sustainable 
     development programs for sub-Saharan Africa, the local-level 
     perspectives of the rural and urban poor, including women, in 
     sub-Saharan Africa shall be taken into account during the 
     planning process for project and program assistance.
       (c) Availability of Funds.--Funds appropriated to carry out 
     the provisions of chapter 1 for sustainable development 
     programs may be made available, in accordance with the 
     provisions of that chapter, to carry out such programs for 
     sub-Saharan Africa.
       (d) Relationship to Certain Provisions of Law.--Assistance 
     may be furnished for activities under this chapter 
     notwithstanding sections 7201(a)(7) and 8402 of this Act, and 
     any similar provisions of law.

                  Chapter 3--Role of Related Programs

     SEC. 1301. STATEMENT OF POLICY REGARDING ROLE OF 
                   INTERNATIONAL FINANCIAL INSTITUTIONS.

       (1) By fostering sound macroeconomic policies, the 
     international financial institutions--
       (A) further the interest of the United States in a free, 
     open, and stable international economic and financial system; 
     and
       (B) encourage developing countries to participate more 
     fully in the world economy, thus expanding the opportunities 
     for United States exports and investment.
       (2) At the same time, structural and sectoral level reforms 
     supported by the international financial institutions, and 
     programs aimed at addressing such problems as basic 
     education, environmental protection, health, and population, 
     should reinforce the goals of United States sustainable 
     development programs.
       (3) The increasing coordination of the activities of the 
     international financial institutions with those of bilateral 
     assistance programs provides an opportunity for those 
     institutions to be informed of local perspectives, 
     priorities, and capabilities best gained through 
     decentralized, consultative processes.
       (4) The United States should give priority to developing an 
     international consensus on good governance, accountability 
     and transparency, the rule of law, and public participation 
     as central to the development process.
       (5) The ability of international financial institutions to 
     serve these ends depends on maintenance of strong United 
     States influence in them and fulfillment of United States 
     financial commitments.

     SEC. 1302. STATEMENT OF POLICY REGARDING ROLE OF PEACE CORPS.

       (1) The purposes of the Peace Corps, as set forth in the 
     Peace Corps Act, are consistent with a fundamental objective 
     of this Act--to broaden the participation of people in 
     developing countries in the economic and social life of their 
     countries.
       (2) The benefits provided by both the sustainable 
     development programs authorized by this Act and programs 
     authorized by the Peace Corps Act will be enhanced by 
     collaboration that, while not infringing on the traditional 
     autonomy of the Peace Corps, recognizes that the ability of 
     the Peace Corps to address issues of concern to the people of 
     developing countries at the grassroots level complements the 
     programs authorized by this Act.

     SEC. 1303. STATEMENT OF POLICY REGARDING ROLE OF AFRICAN 
                   DEVELOPMENT AND INTER-AMERICAN FOUNDATIONS.

       (1) The purposes of the Inter-American Foundation and the 
     African Development Foundation as set forth in section 401(b) 
     and 504 of their respective Acts are consistent with 
     fundamental premises of sustainable development programs, 
     such as the need to expand the participation of individuals 
     in social and economic institutions so that they have a stake 
     in the resolution of social and economic issues.
       (2) Both Foundations have demonstrated that sustainable 
     development may be fostered at the local level by responding 
     to the expressed needs of the people who live and work in the 
     local community, and providing them with the means to carry 
     out their own development initiatives.
       (3) By working at the grassroots level to enhance incomes, 
     expand social benefits, and encourage increased 
     participation, the programs of the African Development 
     Foundation and the Inter-American Foundation, while 
     independent, are part of an overall framework of support for 
     developing countries which aims to see sustainable 
     development occur at the local and the national levels.

     SEC. 1304. STATEMENT OF POLICY REGARDING ROLE OF P.L. 480 
                   NON-EMERGENCY TITLE II AND TITLE III PROGRAMS.

       Statement of Policy.--
       (1) The use of United States agricultural commodities 
     through the P.L. 480 non-emergency Title II program, serves 
     the dual purposes of supporting the efforts of poor countries 
     to meet their need for additional food resources while at the 
     same time promoting the long-term sustainable development 
     efforts of those countries.
       (2) By giving priority through the P.L. 480 Title III 
     program to those least developed, food deficit countries with 
     high levels of malnutrition that have long-term plans for 
     broad-based equitable and sustainable development and a 
     demonstrated commitment and capacity to use food assistance 
     effectively, these programs show a consistency of purpose 
     with the sustainable development programs authorized by this 
     Act.

                      TITLE II--BUILDING DEMOCRACY

     SEC. 2001. FINDINGS AND STATEMENT OF POLICY.

       (a) Findings.--
       (1) There is a growing worldwide movement toward more open, 
     just and democratic societies. This trend is essential to 
     achieving the United States ultimate objective of worldwide 
     respect for human rights and fundamental freedoms without 
     distinction as to race, sex, language or religion. At the 
     same time, this trend holds great promise for promoting the 
     peace of the world and the foreign policy, security, and 
     general welfare of the United States.
       (2) Expansion of democratic values and systems must be 
     promoted through bilateral, multilateral, and people-to-
     people programs with the sustained assistance and moral 
     support of the international community, and of the 
     established democracies in particular.
       (3) Democratic development takes time to take root in 
     society and in the political system. There is a need for the 
     international community to assist in the consolidation of 
     democratic values, practices and institutions to prevent the 
     reversal of democratic trends.
       (4) Frequently, newly democratizing countries are beset by 
     ethnic conflicts, resurgent nationalism and anti-democratic 
     movements, and political reaction to economic reform. A 
     growing number of countries seek to end years of protracted 
     internal conflict through the implementation of 
     internationally-sanctioned political settlements, designed to 
     create a democratic form of governance, a durable peace, and 
     the institutional requisites for long-term development.
       (5) Furthermore, democratic institutions in countries where 
     democracy has taken root can be similarly threatened by 
     regional and civil unrest, and other threats to international 
     peace and security.
       (6) Narcotics trafficking, terrorism and other forms of 
     international crime--and the corruption that they engender of 
     political, administrative and other democratic institutions--
     pose similar threats to such countries, and efforts to combat 
     these scourges need to be integrated into and coordinated 
     with broader efforts to develop and consolidate democratic 
     institutions.
       (7) To advance, countries in such circumstances may require 
     international assistance not normally included in 
     humanitarian relief programs, peacekeeping operations, or 
     long-term development programs, and the international 
     community needs to be able to respond swiftly to meet such 
     needs.
       (8) Failure by the United States to respond effectively to 
     threats to democracy and human rights abroad could risk 
     important United States interests, jeopardize substantial 
     savings in United States defense that a more democratic and 
     predictable world will bring, imperil United States 
     investments and economic reforms that will result in trade 
     and economic benefits to the United States, and heighten the 
     risk that many transitions might ultimately fail and generate 
     costly humanitarian emergencies.
       (9) Accordingly, the United States must have the capacity 
     to respond rapidly, effectively, and in an integrated fashion 
     to the new opportunities and challenges associated with 
     democratic development.
       (b) Statement of Policy.--
       (1) In addition to promoting strong democratic societies as 
     an integral part of the sustainable development programs 
     authorized under title I of this Act, it should be the policy 
     of the United States to assist countries making the 
     transition to democracy, and countries where democratic 
     gains are threatened, by providing timely assistance in 
     building effective democratic institutions and free market 
     economies.
       (2) At the same time, the promotion of democracy is the 
     responsibility of the global community. The United States 
     should give priority to working bilaterally and 
     multilaterally to ensure commitment of substantial resources 
     toward the promotion of democracy in transitional countries, 
     and to coordinating policies and programs among institutions 
     and donors.

                     Chapter 1--Promoting Democracy

                 Subchapter A--Countries in Transition

     SEC. 2101. AUTHORITY.

       The President may provide assistance under this subchapter 
     for countries--
       (1) that have recently emerged or are in the process of 
     emerging as democratic societies; or
       (2) that have recently emerged or are emerging from civil 
     strife and either have a democratically-elected government or 
     are making progress toward developing a democratic form of 
     government; or
       (3) where democratic progress or institutions are 
     threatened.

     SEC. 2102. OBJECTIVES AND TYPES OF ASSISTANCE.

       (a) Objectives.--Programs under this subchapter should be 
     designed to facilitate the worldwide trend toward more open, 
     just and democratic societies, and may include programs to--
       (1) promote the development of functioning democratic 
     institutions and political pluralism, including programs to 
     facilitate--
       (A) establishment of fully democratic and representative 
     political systems based on free and fair elections that 
     permit multi-party participation;
       (B) protection of basic human rights and fundamental 
     liberties and individual freedoms including freedom of 
     speech, religion and association, access to information and 
     public participation in decisionmaking;
       (C) development of legal, legislative, constitutional, 
     electoral, journalistic, educational, and other institutions, 
     both governmental and nongovernmental which are essential 
     elements of civil society in free pluralistic societies;
       (D) establishment and professional development of non-
     partisan military, security and police forces, accountable to 
     civil authorities;
       (E) development of intercommunal conflict resolution 
     mechanisms; and
       (F) strengthening of policy making skills and 
     accountability of democratic governments.
       (2) address political, economic and humanitarian needs that 
     arise in connection with transitions, or that if unmet 
     undermine or threaten democratic institutions; and
       (3) help meet security challenges on a transitional basis 
     that threaten to impede or reverse democratic reforms or 
     institutions.
       (b) Assistance may only be provided to military or law 
     enforcement forces under this subchapter--
       (1) to orient militaries or law enforcement agencies to 
     their respective roles in a democratic order, including 
     through training, contacts with counterparts in established 
     democracies, and other programs designed to enhance respect 
     for human rights and understanding of principles of civilian 
     control in a democratic society;
       (2) to enhance the practical accountability of law 
     enforcement agencies to civil justice institutions;
       (3) to promote demilitarization of society, through 
     programs aimed at demobilization, down-sizing, and 
     rationalization and professionalization of military 
     structures; or
       (4) to the extend otherwise permitted under section 7104 of 
     this Act; or
       (5) to meet the challenges described in subsection (a)(3).
       In providing assistance under this subsection the President 
     shall consider the extent to which the recipients demonstrate 
     a commitment to respect human rights and fundamental 
     freedoms.

     SEC. 2103. AVAILABILITY OF FUNDS; AUTHORITIES.

       (a) Availability of Funds.--Funds shall be available to 
     carry out the provisions of this subchapter as authorized and 
     appropriated to the President each fiscal year. The amount of 
     funds that are authorized and appropriated to carry out the 
     provisions of this subchapter that may be made available for 
     assistance administered through the Department of Defense 
     shall be authorized and appropriated separately.
       (b) Authority.--Assistance may be provided under this 
     subchapter notwithstanding any other provision of law.

      Subchapter B--Independent States of the former Soviet Union

     SEC. 2201. STATEMENT OF POLICY.

       (1) The international community has an unparalleled stake 
     in the success of the democratic and economic transformation 
     taking place in the independent states of the former Soviet 
     Union, and the integration of those states into the community 
     of peaceful and democratic nations.
       (2) United States programs that facilitate this process 
     constitute and should be seen as critical investments in 
     America's future. The people of the United States and the 
     independent states share an interest in ensuring that 
     assistance is focused on programs that will have lasting 
     effect, that support an ongoing process which can survive the 
     buffeting of political and economic setbacks, and that lay a 
     broad foundation for reform that is not dependent on the 
     success or failure of particular initiatives.
       (3) United States leadership in supporting reform in the 
     independent states will remain critical. At the same time, 
     the United States must work closely with allies and 
     international institutions to ensure that international 
     support for reform in these states is coordinated, and that 
     the costs of programs to support the ongoing transformation 
     is allocated fairly among those with a shared stake in its 
     success.
       (4) The establishment and development of democratic 
     institutions and market economies in the independent states 
     of the former Soviet Union present among the most important 
     foreign policy challenges of out times. Failure to meet these 
     challenges could threaten United States national security 
     interests and jeopardize substantial savings in United States 
     defense. Success will generate trade and investment 
     opportunities for American businesses from which the United 
     States stands to reap enduring employment and other economic 
     benefits, and the prospects of a more peaceful and stable 
     world having lasting benefits for all.

     SEC. 2202. AVAILABILITY OF FUNDS.

       Funds shall be available to carry out the provisions of 
     this subchapter as authorized and appropriated to the 
     President each fiscal year. Such funds may be made available 
     on the same basis as funds authorized to be appropriated for 
     fiscal year 1993 under chapter 11 of part I of the Foreign 
     Assistance Act of 1961. Such funds shall be considered to be 
     assistance under this Act for purposes of making available 
     the administrative authorities contained in this Act.

                Subchapter C--Central and Eastern Europe

     SEC. 2301. STATEMENT OF POLICY.

       It should be the policy of the United States to continue to 
     facilitate the reintegration of Central and East European 
     countries into the community of democratic nations based on 
     free enterprise, market economies. United States assistance 
     programs can continue to make a substantial contribution to 
     these objectives by building on earlier initiatives, 
     including important ongoing initiatives that were established 
     under the Support for East European Democracy (SEED) Act of 
     1989. In furtherance of these objectives, the United States 
     should support economic and political reform in Central and 
     East European countries by making available assistance for 
     SEED Actions as authorized by the SEED Act and for Assistance 
     provided under the authorities of this Act to such countries 
     that are taking steps toward--
       (1) constitutional democracy and political pluralism, based 
     on progress toward free and fair elections, and a multi-party 
     political system;
       (2) economic reform, based on progress toward a market-
     oriented economy;
       (3) respect for internationally recognized human rights, 
     and the protection of fundamental civil liberties based on 
     progress toward democratic and independent judicial 
     institutions; and
       (4) a willingness to build, or continue, a constructive and 
     lasting relationship with the United States based on shared 
     values and principles.

     SEC 2302. AVAILABILITY OF FUNDS.

       Funds shall be available to carry out the provisions of 
     this subchapter as authorized and appropriated to the 
     President each fiscal year. Such funds shall be considered to 
     be assistance under this Act for purposes of making available 
     the administrative authorities contained in the Act.

                  Chapter 2--Information and Exchange

     SEC. 2401. POLICY.

       (a) In general.--The fostering of democratic societies, 
     values, and institutions abroad is crucial to the future 
     security and prosperity of the United States. Information and 
     exchange programs carried out by the United States are 
     central to fostering such democratic values and 
     encouraging the development of democratic institutions and 
     processes around the world.
       (b) Role of Programs Conducted by USIA.--Programs 
     administered by the United States Information Agency should 
     support democratization abroad through the communication of 
     knowledge and the exchange of people, ideas and values, and 
     should promote, through in-country personal contacts, 
     exchanges, training programs, and informational activities, a 
     better understanding of the nature of democracy in such areas 
     as--
       (1) the role of the citizen and government in democracy and 
     civil society;
       (2) the principles of a free market economy;
       (3) respect for the rule of law;
       (4) the free flow of information;
       (5) free and fair elections;
       (6) responsible and representive local government; and
       (7) democratic reform of education.

                       TITLE III--PROMOTING PEACE

     SEC. 3001. STATEMENT OF POLICY.

       (1) For over forty years the specter of international 
     communism weighed heavily on United States economic and 
     military assistance priorities. The collapse of communism and 
     the end of the Cold War have opened up new possibilities for 
     international cooperation to contain and, more importantly, 
     to prevent conflict, thereby creating the opportunity for 
     realizing international peace and security.
       (2) Political destabilization, prompted in part by the 
     demise of communism, has also unleashed long suppressed 
     internal and regional conflict in Eastern Europe, the former 
     Soviet Union, and elsewhere. At the same time, the 
     proliferation of weapons of mass destruction and technologies 
     pose unrelenting challenges for peace and security that the 
     international community cannot afford to ignore.
       (3) In addition, the transnational scourges of narcotics 
     trafficking, terrorism and other international criminal 
     activity threaten at the most fundamental level the ability 
     of Americans and others to live their lives in safety.
       (4) To address such problems during this historic 
     transition in post-Cold War world affairs, United States 
     bilateral and multilateral assistance under this title will 
     be a necessary complement to effective diplomacy and 
     international efforts to secure lasting peace. Failure to 
     invest at this time in programs designed to prevent conflict, 
     and to promote international peace and security, threatens 
     the prospects for substantial savings in United States 
     defense and other expenditures in the future.

              Chapter 1--Peacekeeping and Related Programs

     SEC. 3101. STATEMENT OF POLICY.

       (1) In the wake of the Cold War, serious threats persist to 
     the security and interests of the United States, and a range 
     of conflicts within and among states and other humanitarian 
     disasters continue to threaten international peace and 
     security, undermine the stability of regions in the world, 
     generate disruptive flows of refugees, and cause human 
     suffering on a large scale. When the interests of the United 
     States are at stake, including its treaty obligations and 
     humanitarian concerns, it will rely on a variety of 
     unilateral, bilateral, and multilateral means to respond to 
     such conflicts and crises.
       (2) Diplomacy by our Nation and others can prevent or 
     ameliorate foreign conflicts, crises, and breaches of the 
     peace that could impose higher costs and burdens on the 
     United States if left unaddressed. It is therefore the 
     intention of the Congress through United States leadership to 
     promote the security, welfare, and other foreign policy goals 
     of the United States by supporting timely, preventive 
     diplomatic efforts, unilaterally and in conjunction with 
     other nations.
       (3) The United States reaffirms its support for appropriate 
     peace operations when they advance United States interests, 
     including the fulfillment of United States treaty 
     obligations, or foreign policy goals, such as encouraging the 
     spread of democratic and market institutions, and addressing 
     grave humanitarian crises. A decision to support or 
     participate in such operations should always be based on an 
     assessment by the United States Government as to whether 
     United States interests are best served by doing so.

     SEC. 3102. GENERAL AUTHORITY.

       (a) In General.--The President is authorized--
       (1) to pay assessed and other contributions and expenses of 
     international peacekeeping activities and other international 
     activities directed to the maintenance or restoration of 
     international peace and security, including the provision of 
     related humanitarian relief; and
       (2) to furnish assistance to foreign countries, 
     and international and regional organizations and 
     arrangements for peacekeeping, international activities 
     directed to the restoration or maintenance of 
     international peace and security and other programs 
     carried out in furtherance of the national interest of the 
     United States.
       (b) Availability of Funds.--
       (1) Funds shall be available to carry out the provisions of 
     subsection (a)(1) as authorized and appropriated to the 
     President each fiscal year.
       (2) Funds shall be available to carry out the provisions of 
     subsection (a)(2) as authorized and appropriated to the 
     President each fiscal year.
       (3) If the President determines and reports to Congress 
     that doing so would promote the purposes of this chapter, 
     funds made available under either paragraph (1) or (2) may be 
     transferred to, and consolidated with, funds available for 
     the other such paragraph, and may be used for any of the 
     purposes for which funds under that paragraph may be used.
       (c) Authority.--Funds made available to carry out this 
     chapter may be made available notwithstanding any provisions 
     of law that restrict assistance to foreign countries.

     SEC. 3103. DRAWDOWN AUTHORITIES.

       (a) Unforeseen Emergencies.--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 purposes is important to 
     the national interests of the United States, the President 
     may direct the drawdown of articles and services, of an 
     aggregate value not to exceed $100,000,000 in any fiscal 
     year, from the inventory and resources of any agency of the 
     United States Government.
       (b) Reimbursement.--There are authorized to be appropriated 
     to the President such sums as may be necessary to reimburse 
     the applicable appropriation, fund, or account for articles 
     and services provided under this section.

            Chapter 2--Nonproliferation and Disarmament Fund

     SEC. 3201. STATEMENT OF POLICY.

       One of the principal threats to the security of the United 
     States in the Post-Cold War era is the risk of proliferation 
     of deadly weapons--nuclear, chemical, biological, and 
     advanced conventional weapons--as well as their delivery 
     systems. The United States should give high priority to 
     pursuing arms control agreements and preventing proliferation 
     by supporting and enhancing bilateral and multilateral 
     efforts to--
       (1) establish effective controls on destabilizing weapon 
     systems and materials;
       (2) dismantle existing systems;
       (3) create verifiable safeguards and regimes and effective 
     export controls on related technologies and materials; and
       (4) increase the effectiveness and help ensure the 
     implementation of existing nonproliferation and arms control 
     and agreements, particularly in the states of the former 
     Soviet Union and in Central and Eastern Europe.

     SEC. 3202. PROVISION OF ASSISTANCE.

       Assistance may be provided under this chapter to 
     facilitate--
       (1) supporting the dismantlement and destruction of 
     nuclear, biological, and chemical weapons, their delivery 
     systems, and conventional weapons;
       (2) supporting bilateral and multilateral efforts to halt 
     the proliferation on nuclear, biological, and chemical 
     weapons, their delivery systems, related technologies, and 
     other weapons;
       (3) establishing programs for safeguarding against the 
     proliferation of nuclear, biological, chemical and other 
     weapons;
       (4) establishing programs for preventing diversion of 
     weapons-related scientific and technical expertise to 
     terrorist groups or to third countries;
       (5) increasing effectiveness of existing nonproliferation 
     and arms control agreements and promotion of arms control and 
     security in regions of tension;
       (6) assisting international agencies in the application of 
     nonproliferation treaty safeguards, in the verification of 
     international nonproliferation regimes, and in the promotion 
     of peaceful uses of technologies and materials related to 
     such weapons; and
       (7) establishing programs for facilitating the conversion 
     of military technologies and capabilities and defense 
     industries into civilian activities.

     SEC. 3203. AVAILABILITY OF FUNDS.

       Funds shall be available to carry out the provisions of 
     this chapter as authorized and appropriated to the President 
     each fiscal year.

     SEC. 3204. DRAWDOWN AUTHORITIES.

       (a) Unforeseen Emergencies.--If the President determines 
     that it is in the national interest of the United States to 
     provide assistance under this chapter in amounts in excess of 
     funds otherwise available under this chapter for such 
     purposes, the President may direct the articles and services, 
     of an aggregate value not to exceed $100,000,000 in any 
     fiscal year, from the inventory and resources of any agency 
     of the United States Government.
       (b) Reimbursement.--There are authorized to be appropriated 
     to the President such sums as may be necessary to reimburse 
     the applicable appropriation, fund, or account for articles 
     and services provided under this section.

      Chapter 3--Regional Peace, Security and Defense Cooperation

     SEC. 3301. STATEMENT OF POLICY.

       (1) During the Cold War, regional conflicts were often 
     inspired by hegemonist aspirations of aggressive communism. 
     In the post-Cold War era, regional and internal conflicts, 
     fueled by more discrete problems such as ethnic discord, 
     competing territorial claims and other sources of tension, 
     persist and are among the greatest threats and barriers to 
     the achievement of international peace and stability, and a 
     safe and lawful world order.
       (2) Prudent investment of United States resources to 
     assist, through bilateral and collective efforts, in 
     preventing or containing armed conflict, in restoring peace 
     and stability, and in addressing the sources of conflict, is 
     essential for achieving a peaceful world.
       (3) Recent successes in the Near East exemplify the value 
     of United States dedication to resolving conflict in an area 
     whose security and stability is of vital interest to the 
     United States:
       (A) To permit continued progress in reaching a full 
     settlement and a comprehensive, just and lasting peace 
     between Israel and its Arab neighbors, the United States must 
     assist Israel in maintaining adequate defense capabilities to 
     ensure its territorial integrity and continued survival.
       (B) Recognizing that the success of the agreement between 
     Israel and the Palestine Liberation Organization will depend 
     in large measure on promoting economic development and 
     improving the well-being of people of the West Bank and Gaza, 
     the United States should lead in building peace and 
     prosperity in the Near East through bilateral assistance and 
     by encouraging multilateral and other donors to contribute 
     the necessary resources to promote sustainable economic 
     development throughout that region.
       (4) The United States must also build security partnerships 
     with other allies and friendly nations to assist in their 
     maintaining adequate capabilities to preserve internal 
     security, as well as to engage in collective defense efforts 
     against states that seek territorial expansion or regional 
     hegemony.
       (5) Furthermore, to contribute to an international response 
     capability, the United States recognizes the need to provide 
     urgent and immediate assistance, bilaterally and 
     multilaterally, to contain and resolve conflicts. To respond 
     to such urgent challenges and to promote international 
     vigilance in order to stem incipient regional conflicts 
     worldwide, the United States sees great value in maintaining 
     alliances, coalitions and other cooperative defense 
     relationships that permit more effective collective defense 
     efforts.
       (6) As more conflicts are resolved, and as peacetime 
     conditions permit, continued United States assistance under 
     this chapter should focus increasingly on conflict prevention 
     and the promotion of regional arms control, with an emphasis 
     on nonproliferation and defense education and training 
     appropriate for a revised military role in a more peaceful 
     and stable world.

     SEC. 3302. AUTHORITY AND PURPOSES.

       Assistance under this chapter may be provided for the 
     following purposes--
       (1) to support and promote the process of resolving 
     conflict and establishing a just and lasting peace, to 
     contribute to the development of institutions of democratic 
     government, and to meet economic, political and security 
     needs, in the Near East;
       (2) to meet immediate threats to international peace and 
     security posed by regional and internal conflicts through 
     bilateral or multilateral collective defense efforts, and to 
     meet other political, economic and humanitarian threats to 
     security; and
       (3) to enhance the ability of countries worldwide willing 
     to share the burden of contributing to regional alliances, 
     coalition operations, and other collective security efforts 
     to counter threats to and maintain international peace and 
     security.

     SEC. 3303. CONSIDERATIONS IN PROVIDING DEFENSE COOPERATION 
                   ASSISTANCE.

       In providing assistance under this chapter, the President 
     should take into account the desirability of shifting 
     resources away from the provision of defense articles to 
     economic development purposes as rapidly as is warranted by 
     the easing of threats to regional peace and security, and the 
     need to maintain ongoing defense relations.

     SEC. 3304. AVAILABILITY OF FUNDS.

       Funds shall be available to carry out the provisions of 
     this chapter as authorized and appropriated to the President 
     each fiscal year. The amount of funds that are authorized and 
     appropriated to carry out the provisions of this chapter that 
     may be made available for assistance administered through the 
     Department of Defense shall be authorized and appropriated 
     separately.

  Chapter 4--International Narcotics Trafficking, Terrorism and Crime 
                               Prevention

     SEC. 3401. STATEMENT OF POLICY.

       (1) International criminal activities, particularly 
     international narcotics trafficking and international 
     terrorism, pose insidious, unparalleled transnational threats 
     in the post-Cold War period, and endanger stability and 
     democratic development.
       (2) The political and economic upheavals triggered 
     worldwide by international narcotics and crime-related 
     violence and corruption have had a devastating effect in the 
     United States and elsewhere, and make the prevention and 
     suppression of such international criminal activities among 
     the most important foreign policy objectives of the United 
     States.
       (3) Failure to address the problems of narcotics 
     trafficking and related illicit activities will lead 
     inevitably to further and intensified crime, violence, 
     corruption, disease and poverty.
       (4) The threats posed by terrorism to international peace 
     and security and a stable, safe world order are equally 
     profound, and must be combatted through effective 
     international cooperation, including the provision of 
     training and equipment.
       (5) The war against narcotics trafficking, international 
     terrorism and other forms of international criminal activity 
     requires the provision of bilateral and multilateral 
     assistance by the United States, including as appropriate 
     through defense establishments, and can be waged most 
     successfully by enlisting broad-based international 
     cooperation that facilitates flexible responses to stem all 
     such activity.
       (6) In order to combat such activities, it is imperative 
     that international cooperation be improved, and efforts in 
     this regard should include assistance to promote enhanced 
     police investigative techniques, prosecutorial and defense 
     skills, and judicial training and administration.

     SEC. 3402. AUTHORITIES.

       Assistance under this chapter may be provided for the 
     following purposes--
       (1) to control narcotics and psychotropic drugs and other 
     controlled substances including through programs to promote 
     alternative development, and including through enforcement, 
     demand reduction and treatment programs;
       (2) to enhance the rule of law and the ability of law 
     enforcement and, as appropriate, defense personnel of foreign 
     countries to combat international criminal activity including 
     corruption, money laundering, economic crimes, illegal trade, 
     narcotics manufacturing and trafficking and terrorism;
       (3) to enhance anti-terrorism skills of foreign law 
     enforcement and, as appropriate, defense personnel to deter 
     terrorists and terrorist groups from engaging in 
     international terrorist acts such as bombing, kidnapping, 
     assassination, hostage-taking and hijacking; and
       (4) to provide concrete anti-crime, anti-terrorism and 
     antinarcotics assistance to friendly countries to strengthen 
     bilateral ties and to increase respect for human rights by 
     sharing with foreign civil authorities modern, humane and 
     effective anti-crime and anti-terrorism techniques; and
       (5) to combat through effective cooperation international 
     criminal activity, including organized crime and its role in 
     attempting to influence the process of government, and to 
     increase international awareness of the need for concerted 
     efforts through bilateral and multilateral means, such as the 
     United Nations Commission on Crime Prevention and Criminal 
     Justice; and
       (6) to promote international criminal justice, including 
     through assistance to promote enhanced police investigative 
     techniques, prosecutional and defense skills, and judicial 
     training and administration.

     SEC. 3403. PROVISIONS RELATED TO ANTI-NARCOTICS PROGRAMS.

       (a) Furnishing Assistance.--The President is authorized to 
     furnish assistance under this chapter for the purposes of 
     controlling narcotics and psychotropic drugs and other 
     controlled substances notwithstanding any other provision of 
     law, and is authorized to furnish narcotics-related 
     assistance under other provisions of this title 
     notwithstanding any other provision of law that restricts 
     assistance to foreign countries (except section 7201(a)(6)).
       (b) Agreements With Other Countries.--In order to promote 
     cooperation for the purposes of this chapter, the President 
     is authorized to conclude agreements, including reciprocal 
     maritime agreements, 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.
       (c) Contribution by Recipient Country to Counter-Narcotics 
     Efforts.--To ensure local commitment to the anti-narcotics 
     activities assisted under this chapter, the government of a 
     country receiving such 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. The government of a country may 
     bear such costs on an ``in kind'' basis.
       (d) Use of Herbicides for Aerial Eradication of 
     Narcotics.--The President, with the assistance of appropriate 
     Federal agencies, shall monitor the use of any herbicides 
     provided under this chapter for aerial eradication in order 
     to determine the impact of such use on the environment and on 
     the health of individuals.
       (e) Limitations on 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 for purposes described in section 3402(1) are used 
     only in ways that are consistent with the purposes for which 
     such equipment was made available. In the reports submitted 
     pursuant to section 7303, the President shall discuss any 
     evidence indicating misuse by a foreign country of aircraft 
     or other equipment made available for purposes described in 
     section 3402(1), and the actions taken by the United States 
     Government in accordance with this Act to prevent future 
     misuse of such equipment by that foreign country.
       (f) Prohibition on Assistance to Drug Traffickers.--The 
     President shall take all reasonable steps to ensure that 
     assistance under this Act is not provided to or through any 
     individual or entity that has been convicted of, or against 
     whom a government has formal criminal charges pending 
     regarding, 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 
     narcotic or psychotropic drugs or other controlled 
     substances. This subsection shall not be construed to 
     restrict assistance that is provided under this Act to 
     facilitate alternative development programs.
       (g) Coordination of All United States Anti-Narcotics 
     Assistance.--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. Nothing 
     contained in this subsection 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.

     SEC. 3404. PROVISIONS RELATED TO LAW ENFORCEMENT TRAINING.

       (a) Training by State Department Personnel.--Employees of 
     the Department of State shall not engage in the training of 
     law enforcement personnel for anti-terrorism programs under 
     this chapter, with the exception of training (including short 
     term refresher training) or services provided to law 
     enforcement personnel by employees of the Bureau of 
     Diplomatic Security with regard to crisis management, 
     facility security, or VIP protection.
       (b) Assistance Relating to Intelligence Activities--Anti-
     terrorism assistance under this chapter shall not include 
     activities involved in the collection of intelligence as 
     defined in Executive Order 12333, other than limited training 
     in the organization of intelligence for antiterrorism 
     purposes under the provisions of this chapter.
       (c) Types of Assistance.--Anti-crime and anti-terrorism 
     assistance under this chapter should emphasize the provision 
     of training rather than the provision of articles. Such 
     training should be provided with due regard for a country's 
     commitment to democracy and respect for human rights, and 
     where appropriate should incorporate a component to promote 
     respect for human rights. To the extent equipment or other 
     articles are provided under assistance programs pursuant to 
     this chapter, items that support more effective 
     administrative efforts should receive the highest 
     consideration.

     SEC. 3405. WAIVER OF CERTAIN RESTRICTIONS ON ASSISTANCE.

       Section 7201(a)(7) of this Act and any similar provisions 
     of law shall not apply to the provision of assistance under 
     this chapter.

     SEC. 3406. AVAILABILITY OF FUNDS.

       Funds shall be available to carry out the provisions of 
     this chapter as authorized and appropriated to the President 
     each fiscal year. The amount of funds that are authorized and 
     appropriated to carry out the provisions of this chapter that 
     may be made available for assistance administered through the 
     Department of Defense shall be authorized and appropriated 
     separately.

              TITLE IV--PROVIDING HUMANITARIAN ASSISTANCE

     SEC. 4001. STATEMENT OF POLICY.

       (1) The post-Cold War era has been marked by a sudden 
     proliferation of crises and transitions that have led to a 
     massive civilian death toll, widespread human suffering, and 
     an unprecedented number of people becoming refugees and 
     displaced persons.
       (2) Civil war, international conflict, and natural 
     disasters have all contributed to these humanitarian crises 
     which have jeopardized the stability of nascent democracies 
     and strained the ability of fragile economies to meet these 
     unexpected requirements.
       (3) In significant measure, the effects of manmade and 
     natural disasters, at times amplified by prolonged 
     environmental degradation, threaten continued sustained 
     development and are at the same time magnified by the lack of 
     that development.
       (4) Bilateral and multilateral programs that provide 
     support to countries faced with large numbers of refugees, 
     rapidly respond to natural and manmade disasters, and 
     otherwise meet humanitarian and crisis needs are essential 
     for the continued democratization and economic growth of 
     countries that, by themselves, do not have the resources to 
     cope with crises of such magnitude.

                     Chapter 1--Refugee Assistance

     SEC. 4101. STATEMENT OF POLICY AND PURPOSES.

       (a) Statement of Policy.--
       (1) United States leadership in international refugee and 
     migration affairs reflects our humanitarian values and 
     traditions.
       (2) United States refugee assistance upholds humanitarian 
     principles that the United States shares with others in the 
     international community.
       (3) Too often, situations involving serious violations of 
     human rights, conflict, or disaster create or threaten to 
     create large-scale refugee and migration programs in which 
     the victims are forced to flee their homes for safety and 
     survival.
       (4) United States advances the ability of the international 
     community to address humanitarian crises involving the forced 
     migration of peoples through support for, participation in 
     and assistance to, the international and other institutions 
     involved in the protection of and assistance to victims of 
     persecution, conflict and other forms of human rights 
     violations and forced displacements.
       (5) United States efforts to improve international 
     cooperation and burdensharing in carrying out these programs 
     underscore that these issues are the subject of international 
     concern and shared responsibility.
       (6) Prompt and effective responses can avert further crises 
     and instability and can alleviate the suffering of the 
     victims of displacement.
       (7) It is imperative that the United States have the 
     resources and the flexibility to be able to provide effective 
     and immediate assistance in this regard.
       (b) Purposes of Assistance.--Assistance under this chapter 
     may be made available to--
       (1) provide assistance to or on behalf of refugees, 
     conflict victims, displaced persons, and other victims of 
     forced migration, who are outside the United States, 
     including assistance on behalf of those persons who will be 
     considered for admission to the United States and for the 
     initial reintegration of persons who have been repatriated to 
     their countries of origin;
       (2) contribute to the activities of the United Nations High 
     Commissioner for Refugees, the International Organization for 
     Migration, the International Committee of the Red Cross, the 
     United Nations Relief and Works Agency for Palestine Refugees 
     in the Near East, and other relevant organizations and 
     institutions; and
       (3) provide such other assistance as may be necessary to 
     promote the prevention and solution of refugee and other 
     migration problems, in countries of origin as well as in 
     countries of asylum, and including for resettlement and 
     demining efforts.
       (c) Emergency Refugee and Migration Assistance.--
       (1) Whenever the President determines it to be important to 
     the national interest he is authorized to furnish assistance 
     for the purposes of section 4102 when such needs are 
     unexpected and urgent.
       (2) There is established a United States Emergency Refugee 
     and Migration Assistance Fund to carry out the purposes of 
     this subsection. There is authorized to be appropriated to 
     the President from time to time such amounts as may be 
     necessary for the fund to carry out the purposes of this 
     subsection. The President shall promptly notify the Congress 
     concerning the use of funds under this subsection.
       (d) Waiver of Restrictions on Assistance.--The President 
     may carry out activities under this chapter notwithstanding 
     any other provision of law.

     SEC. 4102. AVAILABILITY OF FUNDS.

       Funds shall be available to carry out the provisions of 
     this chapter as authorized and appropriated to the President 
     each fiscal year.

                     Chapter 2--Disaster Assistance

     SEC. 4201. POLICY

       (a) Humanitarian Concerns and Traditions of the American 
     People.--Prompt United States assistance to alleviate human 
     suffering caused by natural and manmade disasters is a 
     longstanding tradition and an important expression of the 
     humanitarian interest of the people of the United States. The 
     willingness of the United States to provide assistance 
     through bilateral, multilateral, and people-to-people means 
     for the relief and rehabilitation of people and countries 
     affected by such disasters is hereby reaffirmed.
       (b) Reaching Those Most in Need.--In carrying out this 
     chapter, the President shall insure that, to the greatest 
     extent possible, the assistance provided by the United States 
     reaches those most in need of relief and rehabilitation as a 
     result of natural and manmade disasters.

     SEC. 4202. AUTHORITY TO PROVIDE ASSISTANCE.

       (a) In General.--The President is authorized to furnish 
     assistance for international disaster relief and 
     rehabilitation. Such assistance may include assistance 
     relating to disaster preparedness, prevention, and 
     mitigation, and to the prediction of, and contingency 
     planning for, natural and manmade disasters abroad.
       (b) Nonapplicability of Other Provisions.--Assistance may 
     be furnished under this chapter notwithstanding any other 
     provision of this or any other Act.
       (c) Borrowing Authority.--
       (1) Authority.--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 available to 
     carry out other titles of this Act for use in providing 
     assistance in accordance with the authorities and general 
     policies of this chapter.
       (2) Reimbursement.--Amounts subsequently 
     appropriated to carry out 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.
       (d) Reconstruction.--A portion of the funds made available 
     to carry out this section may be used, in addition to amounts 
     otherwise available for such purposes, to respond rapidly to 
     reconstruction and institution-building needs arising from 
     natural or manmade disasters.

     SEC. 4203. AVAILABILITY OF FUNDS.

       Funds shall be available to carry out the provisions of 
     this chapter as authorized and appropriated to the President 
     each fiscal year.

                  Chapter 3--Emergency Food Assistance

     SEC. 4301. STATEMENT OF POLICY REGARDING EMERGENCY FOOD 
                   ASSISTANCE UNDER PUBLIC LAW 480, TITLE II.

       (1) The United States continues to provide leadership in 
     addressing famine and other urgent or extraordinary worldwide 
     relief needs.
       (2) In particular, the use of United States agricultural 
     commodities through bilateral and multilateral channels to 
     meet emergency food needs has saved lives, ameliorated 
     suffering, and has been a tangible expression of the best in 
     the humanitarian spirit of the American people.
       (3) This assistance is often provided in conjunction with 
     assistance furnished under the other chapters of this title 
     to provide a comprehensive program of relief for those less 
     fortunate that we who are refugees or other victims of forced 
     migration, or are suffering the consequences of natural or 
     manmade disasters.

         TITLE V--PROMOTING GROWTH THROUGH TRADE AND INVESTMENT

     SEC. 5001. STATEMENT OF POLICY.

       (1) In an increasingly interdependent world, the security 
     and well-being of the United States will be shaped by the 
     ability of the United States to compete and prosper in a 
     global economy.
       (2) The United States remains committed to the principles 
     of free trade among nations as the most effective means to 
     promote expanding international markets and global economic 
     prosperity.
       (3) Economic growth and creation of employment 
     opportunities in the United States are directly and 
     materially enhanced by international economic growth and 
     trade liberalization.
       (4) United States trade and investment represent a powerful 
     means of promoting economic growth and development and 
     emerging economies and economies in transition. Expanding 
     United States trade and investment opportunities in the 
     markets of the future is best sustained by free-market 
     orientation and sustained developmemt in those countries.
       (5) The twin tracks of commercial engagement and longer-
     term sustainable development represent complementary means of 
     advancing United States interests by creating a more 
     prosperous, therefore more secure, world.
       (6) The provision of a comprehensive and coordinated 
     program of export financing, investment insurance, guaranties 
     and feasibility studies significantly enhances the ability of 
     the private sector to pursue trade and investment 
     opportunities in developing countries.

           Chapter 1--Overseas Private Investment Corporation

     SEC. 5101. PURPOSE AND POLICY.

       (a) Purpose.--The Overseas Private Investment Corporation 
     shall be an agency of the United States under the foreign 
     policy guidance of the Secretary of State. The purpose of the 
     Corporation is to mobilize and facilitate the participation 
     of United States private capital and skills in the economic 
     and social development of less developed friendly countries 
     and areas, and countries in transition from nonmarket to 
     market economies, thereby complementing the development 
     assistance objectives of the United States, facilitating the 
     competitiveness of the United States private sector, and 
     promoting United States economic growth.
       (b) Development, Export, and Per Capita Income Criteria.--
     The Corporation, in determining whether to provide insurance, 
     reinsurance, or financing for a project, shall especially--
       (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 preference to projects which promote United States 
     exports and increase United States economic growth; and
       (3) give preferential consideration to investment projects 
     in countries that have per capita incomes of $1,230 or less 
     in 1992 United States dollars; and restrict its activities in 
     countries with per capita incomes of $5,335 or more in 1992 
     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)).
       (c) Guidelines for Activities of OPIC.--In carrying out its 
     purpose, the Corporation, utilizing broad criteria, shall 
     undertake--
       (1) to conduct insurance, reinsurance, and financing 
     operations on a self-sustaining basis, taking into account in 
     its financing operations the economic and financial soundness 
     of projects;
       (2) to utilize private credit and investment institutions 
     and the Corporation's financing authority as the principal 
     means of mobilizing capital investment funds;
       (3) 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;
       (4) to conduct its insurance operations with due regard to 
     principles to risk management, including efforts to share its 
     insurance risks and reinsurance risks;
       (5) to consider in the conduct of its operations the extent 
     to which the governments of less developed countries 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;
       (6) to foster private initiative and competition and 
     discourage monopolistic practices;
       (7) to further to the greatest degree possible, in a manner 
     consistent with its goals, the balance-of-payments and 
     economic and employment objectives of the United States;
       (8) to conduct its activities in consonance with 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; and
       (9) 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.

     SEC. 5102. INVESTMENT INSURANCE, FINANCING, AND OTHER 
                   PROGRAMS.

       (a) Investment Insurance.--
       (1) Risks for which insurance issued.--The Corporation is 
     authorized 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:
       (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 in the project, in whole or in 
     part, or as compensation for the sale or disposition of all 
     or any part of the investment.
       (B) Loss of investment, in whole or in part, in the 
     approved project due to expropriation or confiscation by 
     action or a foreign government.
       (C) Loss due to war, revolution, insurrection, or civil 
     strife.
       (D) Loss due to business interruption caused by any of the 
     risks set forth in subparagraphs (A), (B), and (C).
       (2) Risk sharing arrangements with foreign governments and 
     multilateral organizations.--Recognizing that major private 
     investments in emerging democracies, economies in 
     transformation and 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, 
     and political subdivisions thereof) and with multilateral 
     organizations and institutions for sharing liabilities 
     assumed under investment insurance for such investments and 
     may, in connection with such arrangements, issue insurance to 
     investors not otherwise eligible for insurance under this 
     chapter, except that--
       (A) liabilities assumed by the Corporation under the 
     authority of this paragraph shall be consistent with the 
     purposes of this chapter, and
       (B) the maximum share of liabilities so assumed shall not 
     exceed the proportionate participation by eligible investors 
     in the project.
       (3) Maximum contingent liability with respect to single 
     investor.--Not more than 10 percent of the maximum contingent 
     liability for investment insurance which the Corporation is 
     permitted to have outstanding under section 5104(a)(1) shall 
     be issued to a single investor.
       (4) Other insurance functions.--
       (A) In general.--The Corporation is authorized to--
       (i) 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
       (ii) employ such insurance companies, financial 
     institutions, other persons, or groups, where appropriate, as 
     its agent, or to act 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 5101 and shall be on 
     equitable terms.
       (B) Risk-sharing agreements.--The Corporation is authorized 
     to enter into pooling or other risk-sharing agreements with 
     multilateral insurance or financing agencies or groups of 
     such agencies.
       (C) Ownership interest in risk-sharing entities.--The 
     Corporation is authorized to hold an ownership interest in 
     any association or other entity established for the purposes 
     of sharing risks under investment insurance.
       (b) Investment Financing.--
       (1) Direct lending.
       (A) In general.--The Corporation is authorized to make 
     loans in United States dollars, repayable in dollars, and to 
     make loans in foreign currencies, to firms privately owned or 
     of mixed private and public ownership, upon such terms and 
     conditions as the Corporation may determine.
       (B) Use of loan for new technologies, products, or 
     services.--The Corporation may designate up to 25 percent of 
     any loan under this subsection of 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.
       (2) Equity investment.
       (A) In general.--The Corporation is authorized to purchase, 
     invest in, or otherwise acquire equity securities or 
     securities with equity characteristics of any firm or entity, 
     upon such terms and conditions as the Corporation may 
     determine, to be funded in the same manner as direct loans 
     under the Federal Credit Reform Act of 1990 for the purpose 
     of providing capital for any project which is consistent with 
     the provisions of this chapter, except that--
       (i) 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
       (ii) the Corporation's equity investment under this 
     paragraph with respect to any project, when added to any 
     other investments made or guaranteed by the Corporation under 
     this paragraph 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. Such 
     determination under this clause shall be conclusive for 
     purposes of the Corporation's authority to make or guarantee 
     any such investment.
       (B) Additional criteria.--In making investment decisions 
     under this paragraph, the Corporation shall give 
     consideration to the extent to which the Corporation's equity 
     investment will assist in obtaining the financing required 
     for such projects.
       (C) Disposition of equity interest.--Taking into 
     consideration, among other things, the Corporation's 
     financial interests and the desirability of fostering the 
     development of local capital markets in emerging democracies, 
     economies in transformation and 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.
       (3) Investment guarantee.
       (A) Authority.--The Corporation is authorized to issue to 
     eligible investors guarantees 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, subject to subparagraphs (B), (C), and (D).
       (B) Guarantees on other than loan investments.--A guarantee 
     issued under subparagraph (A) on other than a loan investment 
     may not exceed 75 percent of such investment.
       (C) Limit on amount of investment guaranteed.--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) for which 
     guarantees are issued under subparagraph (A) with respect to 
     any project shall not exceed, at the time of issuance of any 
     such guarantee, 75 percent of the total investment 
     committed to any such project as determined by the 
     Corporation. Such determination by the Corporation shall 
     be conclusive for purposes of the Corporation's authority 
     to issue any such guarantee.
       (D) Maximum contingent liability with respect to single 
     investor.--Not more than 15 percent of the maximum contingent 
     liability for investment guarantees which the Corporation is 
     permitted to have outstanding under section 5104(a)(2) may be 
     issued to a single investor.
       (c) Investment Encouragement.--The Corporation is 
     authorized 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, using wherever feasible and 
     effective the facilities of private investors, except that 
     the Corporation shall not finance any survey to ascertain the 
     existence, location, extent, or quality of oil or gas 
     resources.
       (d) Special Activities.--The Corporation is authorized 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, intermediate financial and 
     investment institutions, and cooperatives. 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 8201 of this Act or from other sources, 
     public or private.

     SEC. 5103. ENHANCING PRIVATE POLITICAL RISK INSURANCE 
                   INDUSTRY.

       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 chapter, the 
     Corporation shall undertake 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 8544(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.

     SEC. 5104. ISSUING AUTHORITY AND RESERVES.

       (a) Issuing Authority.--
       (1) Insurance.--The maximum contingent liability 
     outstanding at any one time pursuant to insurance issued 
     under section 5102(a) shall not exceed in the aggregate 
     $15,000,000,000.
       (2) Financing.--The Corporation is authorized to commit 
     investment financing under section 5102(b) of up to 
     $5,000,000,000 for the period of fiscal years beginning 
     October 1, 1994, terminating on the date specified in 
     paragraph (3).
       (3) Termination of authority.--The authority of subsection 
     (a) and (b) of section 5102 shall continue until September 
     30, 1999.
       (b) Insurance Reserve.--
       (1) Maintenance and purposes.--The Corporation shall 
     maintain an insurance reserve. Such reserve shall be 
     available for the discharge of liabilities, as provided in 
     subsection (d), until such time as all such liabilities have 
     been discharged or have expired or until such reserve has 
     been expended in accordance with the provisions of this 
     section.
       (2) Funding.--The insurance reserve shall consist of--
       (A) any funds in the insurance reserve of the Corporation 
     on September 30, 1993,
       (B) amounts transferred to the reserve pursuant to this 
     Act, and
       (C) such sums as are appropriated pursuant to subsection 
     (d) of this section for such purposes.
       (c) Order of Payments To Discharge Liabilities.--Any 
     payment made to discharge liabilities under investment 
     insurance or reinsurance issued under section 5102, under 
     similar predecessor guarantee authority, or under 5103, shall 
     be paid first out of the insurance reserve, as long as such 
     reserve remains available, and thereafter out of funds made 
     available pursuant to subsection (d) of this section. Any 
     payments made to discharge liabilities under guarantees 
     issued under section 5102(b) shall be paid in accordance with 
     the Federal Credit Reform Act of 1990.
       (d) Availability of Funds.--
       (1) Availability.--Subject to paragraph (2), funds shall be 
     available to carry out the provisions of this chapter as 
     authorized and appropriated to the President to replenish or 
     increase the insurance reserve, to discharge the liabilities 
     under insurance or reinsurance issued by the Corporation, or 
     to discharge obligations of the Corporation purchased by the 
     Secretary of the Treasury pursuant to subsection (e).
       (2) Limitation on appropriations.--No appropriation shall 
     be made under paragraph (1) to augment the insurance reserve 
     until the amount of funds in the insurance reserve is less 
     than $25,000,000. Any appropriations to augment the insurance 
     reserve shall then only be made to satisfy the full faith and 
     credit provision of section 8545(c).
       (e) Issuance of Obligations.--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; except that the 
     aggregate amount of such obligations outstanding at any one 
     time may 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 the Secretary may use as a public debt 
     transaction the proceeds of the sale of any securities issued 
     under chapter 31 of title 31, United States Code. The purpose 
     for which securities may be issued under chapter 31 of title 
     31, United States Code, shall include any such purchase.

     SEC. 5105. GUIDELINES AND REQUIREMENTS FOR OPTIC SUPPORT.

       (a) Development Impact Profile.--In order to carry out the 
     policy set forth in section 5101(b)(1), the Corporation shall 
     prepare and maintain for each investment project it insures, 
     reinsures, or finances a development impact profile 
     consisting of data appropriate to measure the projected and 
     actual effects of such project on development.
       (b) Small Business Development.--
       (1) Broadened participation by small businesses.--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.
       (2) Preferential consideration.--The Corporation shall 
     undertake to the maximum degree possible consistent with its 
     purposes--
       (A) to give preferential consideration in its investment 
     insurance, reinsurance, financing, and investment 
     encouragement activities to investment projects sponsored by 
     or involving United States small business or cooperatives;
       (B) to maintain the proportion of projects sponsored by or 
     significantly involving United States small business to at 
     least 30 percent of all projects insured, reinsured, financed 
     or encouraged by the Corporation.
       (c) Environmental Considerations.--
       (1) Environmental, health, or safety hazard.--The 
     Corporation shall refuse to insure, reinsure, 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.
       (2) Resource sustainable development.--The Corporation, in 
     determining whether to provide insurance, reinsurance, or 
     financing for a project, shall ensure that the project is 
     consistent with the goals set forth in section 7210 of this 
     Act.
       (3) Environmental impact statements and assessments.--The 
     requirements of section 7210(b) relating to environmental 
     impact statements and environmental assessments shall apply 
     to any investment which the Corporation insures, reinsures, 
     guarantees, or finances under this chapter in connection with 
     a project in a country.
       (4) Notification of foreign governments.--Before finally 
     providing insurance, reinsurance, guarantees, or financing 
     under this chapter for any environmentally sensitive 
     investment in connection with a project in a country, the 
     Corporation shall notify appropriate government officials of 
     that country of--
       (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).
       (5) Consideration of comments received.--Before finally 
     providing insurance, reinsurance, or financing for any 
     investment subject to paragraph (4), the Corporation shall 
     take into account any comments it receives on the project 
     involved.
       (d) Human Rights.--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.
       (e) Worker Rights.--
       (1) Limitation on opic activities.--The Corporation may 
     insure, reinsure, 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 502(a)(4) of 
     the Trade Act of 1974 (19 U.S.C. 2462(a)(4)), 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 chapter:
       ``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 worker rights.--The 
     Corporation shall, in making its determinations under 
     paragraph (1), use the reports submitted to the Congress 
     pursuant to section 505(c) of the Trade Act of 1974 (19 
     U.S.C. 2465(c)).
       (3) Waiver.--Paragraph (1) shall not prohibit the 
     Corporation from providing any insurance, reinsurance, 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.
       (f) Harm to Employment in the United States.--
       (1) Replacement of united states production.--(A) The 
     Corporation shall refuse to insure, reinsure, or finance an 
     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 the investor's or 
     sponsor's employees in the United States because the investor 
     or sponsor is replacing his or her United States production 
     with production from such investment, and the production from 
     such investment involves substantially the same product for 
     substantially the same market as the investor's or sponsor's 
     United States production.
       (B) If the Corporation determines that an investment is not 
     likely to have the effects described in subparagraph (A), the 
     Corporation shall monitor conformance with the 
     representations made by the investor on which the Corporation 
     relied in making that determination.
       (2) Reduction of employees in the united states.--The 
     Corporation shall refuse to insure, reinsure, or finance an 
     investment if the Corporation determines that such investment 
     is likely to cause a significant reduction in the number of 
     employees in the United States.
       (3) Export processing zones.--Notwithstanding any other 
     provision of law, the Corporation shall refuse to insure, 
     reinsure, or finance an investment for the purpose of 
     establishing or developing in a foreign country any export 
     processing zone or designated area in which the tax, tariff, 
     labor, environment, and safety laws of that country do not 
     apply, in part or in whole, to activities carried out within 
     that zone or area, unless such assistance is not likely to 
     cause a loss of jobs within the United States as determined 
     in consideration of the restrictions contained in paragraphs 
     (1) and (2).
       (g) Performance Requirements.--The Corporation shall refuse 
     to insure, reinsure, or finance an investment which is 
     subject to performance requirements which would reduce 
     substantially the positive trade benefits likely to accrue to 
     the United States from the investment.
       (h) Prohibited Trade Practices.--
       (1) Payments to violators barred.--No payment may be made 
     under any insurance or reinsurance which is issued under this 
     chapter on or after April 24, 1978, 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 
     chapter, 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 of section 30A of the Securities 
     Exchange Act of 1934 or section 104 of the Foreign Corrupt 
     Practices Act of 1977.
       (2) Regulations.--The Corporation shall have in effect 
     regulations setting forth appropriate conditions under which 
     any person who has been finally determined by a court of the 
     United States to have violated section 30A of the Securities 
     Exchange Act of 1934 or section 104 of the Foreign Corrupt 
     Practices Act of 1977 shall be suspended, for a period of not 
     more than 5 years, from eligibility to receive any insurance, 
     reinsurance, guarantee, financing, or other financial support 
     authorized by this chapter, if that violation related to a 
     project insured, reinsured, guaranteed, financed, or 
     otherwise supported by the Corporation under this chapter.
       (i) Fraud or Misrepresentation.--No payment may be made 
     under any guarantee, insurance, or reinsurance issued under 
     this chapter for any loss arising out of fraud or 
     misrepresentation for which the party seeking payment is 
     responsible.
       (j) Public Hearing.--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 this 
     chapter 1 and this section or whether any investment in a 
     particular country shall have been or shall be extended 
     insurance, reinsurance, or financing under this chapter.
       (k) Restrictions.--Restrictions in this or any other Act to 
     the government of a country do not apply with respect to this 
     title.

                Chapter 2--Trade and Development Agency

     SEC. 5201. PURPOSES.

       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 developing and middle-income countries.

     SEC. 5202. AUTHORITY TO PROVIDE ASSISTANCE.

       (a) Authority.--The Director of the Trade and Development 
     Agency is authorized to work with foreign countries to carry 
     out the purposes of this chapter 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.
       (b) Use of Funds.--Funds under this chapter may be used to 
     provide support for feasibility studies for 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 chapter may 
     also be used for architectural and engineering design, 
     including--
       (1) 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
       (2) detail design, which sets forth specific dimensions and 
     criteria for structural, mechanical, electrical, and 
     architectural operations, and identifies other resources 
     required for project operations.
       (c) Information Dissemination.--
       (1) The Trade and Development Agency shall disseminate 
     information about its project activities to the private 
     sector.
       (2) 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 and 
     development and export promotion related to development 
     projects.
       (d) Nonapplicability of other provisions.--Funds made 
     available to carry out this chapter may be made available 
     notwithstanding any other provision of law.

     SEC. 5203. AVAILABILITY OF FUNDS.

       Funds shall be available to carry out the provisions of 
     this chapter as authorized and appropriated to the President 
     each fiscal year.

                  Chapter 3--Role of Related Programs

     SEC. 5301. STATEMENT OF POLICY REGARDING ROLE OF P.L. 480 
                   TITLE I PROGRAMS.

       (1) P.L. 480 Title I programs provide an important resource 
     in the efforts of the United States to support continued 
     growth in the world economy.
       (2) By using the abundant agricultural productivity of the 
     United States to enhance the food security of developing 
     countries, these programs complement other international 
     programs of the United States to--
       (A) help to combat world hunger and malnutrition and their 
     causes,
       (B) promote broad-based, equitable, and sustainable 
     development,
       (C) expand international trade, and
       (D) develop and expand export markets for United States 
     agricultural commodities.
       (3) By fostering the demand for United States agricultural 
     commodities and helping to meet the food needs of developing 
     countries that have difficulty meeting those needs through 
     commercial channels, P.L. 480 Title I programs are an 
     integral part of United States efforts to encourage expansion 
     of the world economy and the participation of the United 
     States private sector in that expansion.

     SEC. 5302. STATEMENT OF POLICY REGARDING ROLE OF EXPORT-
                   IMPORT BANK.

       (1) While the Export-Import Bank of the United States does 
     not provide foreign assistance, its programs can complement 
     sustainable development programs in helping to expand United 
     States exports.
       (2) The purpose of the Export-Import Bank of the United 
     States is to provide financing support for United States 
     exports, thereby creating and maintaining jobs in the United 
     States.
       (3) The role of the Export-Import Bank of the United States 
     is an important factor in bolstering global free trade and 
     fair trade, and its programs help to level the global playing 
     field in export financing.
       (4) The Export-Import Bank of the United States is an 
     important supplement to the private sector's export financing 
     capacities for creating and maintaining jobs.
       (5) With one out of every six manufacturing jobs in the 
     United States dependent on exports, it is necessary to 
     promote trade with both existing and developing markets.
       (6) The programs of the Export-Import Bank of the United 
     States serve to provide inroads for United States exporters 
     into developing country markets.
       (7) The role of the Export-Import Bank of the United States 
     in providing trade and project finance supports United States 
     domestic employment and global economic growth and 
     development.

                     TITLE VI--ADVANCING DIPLOMACY

     SEC. 6001. STATEMENT OF POLICY.

       (1) Success in achieving the goals of this Act depends 
     above all on the skills of those who serve America in the 
     Department of State and other United States government 
     departments and agencies engaged in international programs.
       (2) Diplomacy is the most cost-effective foreign policy 
     instrument for promoting American prosperity and safeguarding 
     United States security by managing crises and preventing 
     future conflict.
       (3) United States leadership in addressing emerging global 
     challenges will depend increasingly on skillful diplomacy to 
     build cooperative arrangements with major allies and 
     multilateral organizations that leverage our political 
     influence, and our economic, technical, military and 
     humanitarian assistance.
       (4) Diplomacy is essential to the realization of each of 
     the five other Titles of this Act--
       (A) Promoting Sustainable Development requires integrated 
     and coordinated efforts between diplomats and aid specialists 
     to deal with immediate environmental, economic, and cultural 
     challenges and opportunities abroad while building the 
     foundation for long-term bilateral, regional and global 
     cooperation.
       (B) Promoting Democracy requires foreign affairs 
     professionals in the Department of State and other United 
     States government departments and agencies engaged in 
     international programs to reach out beyond traditional 
     bilateral and multilateral relations to inform foreign 
     publics about the virtues and challenges of democracy and 
     market economics and to promote human rights, democratic 
     institution building, and development of open, civil 
     societies.
       (C) Promoting Peace requires creative and sustained 
     diplomacy--backed by economic, technical, humanitarian and 
     military resources--to avert conflict, facilitate negotiated 
     resolution of disputes, and render peace processes 
     irreversible; and to build regimes to restrain proliferation, 
     narcotics trafficking, terrorism and other forms of criminal 
     activity.
       (D) Humanitarian Assistance requires diplomats and 
     other involved United States government personnel to 
     respond promptly to facilitate bilateral relief, engage 
     relevant multilateral organizations, and ensure that 
     relief programs do not become objects of political 
     manipulation locally or among donor agencies; at the same 
     time, effective preventive diplomacy can forestall costly 
     political and military disasters.
       (E) Promoting Growth Through Trade and Investment requires 
     diplomats with advanced technical knowledge, legal skills, 
     and shrewd political judgment to assist economic reform, 
     develop commercial opportunities, and structure regional and 
     global agreements to achieve more open markets and greater 
     economic integration.
       (5) Advancing diplomacy in all of the above areas will 
     require--
       (A) Funds that can be used flexibly by the President to 
     respond decisively to unforeseen opportunities and dangers 
     and for structuring new multilateral arrangements that can 
     become the basis for sustainable cooperation to prevent 
     future crises and solve long-term problems.
       (B) Foreign assistance, public diplomacy abroad, and a 
     national consensus at home in support of the goals of 
     American foreign policy.
       (C) Modern technology and infrastructure to support foreign 
     and civil service professionals who must deal with 
     international transactions that are rising exponentially in 
     volume, speed and complexity.
       (D) Greater harmonization of our foreign affairs 
     institutions and instruments, with a view to avoiding 
     duplicative administrative structures, staffs and programs.

TITLE VII--SPECIAL AUTHORITIES, RESTRICTIONS ON ASSISTANCE, AND REPORTS

                     Chapter 1--Special Authorities

     SEC. 7101. AUTHORITY TO TRANSFER BETWEEN ACCOUNTS.

       (a) General Transfer Authority.--Whenever the President 
     determines it to be necessary for the purposes of this Act, 
     not to exceed 10 percent of the funds made available to carry 
     out any provision of this Act--
       (1) may be transferred to, and consolidated with, the funds 
     in any other account or fund available to carry out any 
     provision of this Act; and
       (2) may be used for any of the purposes for which funds in 
     that account or fund may be used.
       (b) Limitation on Amount of Increase in an Account.--The 
     total amount in the account or fund for the benefit of which 
     a transfer is made under subsection (a) during any fiscal 
     year may not be increased by more than 20 percent of the 
     amount of funds otherwise made available for such account or 
     fund.
       (c) Exceptions.--
       (1) The percentage limitations contained in subsections (a) 
     and (b) shall not be applicable with regard to transfers of 
     funds to carry out the provisions of subchapter A of chapter 
     1 of title II or of chapter 1 of title III.
       (2) The authority of this section shall not be used to 
     transfer funds from amounts made available to carry out the 
     provisions of title I of this Act, except that the authority 
     of this section may be used to transfer such funds for the 
     purposes of section 8509 in an amount not to exceed 5 percent 
     of the amount of the funds made available for section 
     8509(a).
       (d) Notification to Congress.--The authority of subsection 
     (a) may be exercised only if 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 are notified in 
     advance of the exercise of that authority.

     SEC. 7102. SPECIAL WAIVER AUTHORITY.

       (a) Authority.--The President may authorize the taking of 
     any action (or the refraining from the taking of any action) 
     under this Act, any annual (or periodic) foreign assistance 
     authorization or appropriations acts, or the Arms Export 
     Control Act without regard to any of the provisions described 
     in subsection (c) if he determines--
       (1) in cases under the Arms Export Control Act, that to do 
     so is essential to the national interests of the United 
     States; and
       (2) in any other cases under such Acts, that to do so is 
     important to the national interests of the United States.
       (b) Other Acts.--The President may authorize the taking of 
     any action (or the refraining from the taking of any action) 
     under any other Act without regard to the provisions 
     described in paragraphs (1) and (2) of subsection (c), or of 
     any annual (or periodic) foreign assistance authorization or 
     appropriations Acts, if the President determines that to do 
     so is important to the national interest of the United 
     States.
       (c) Laws Which May Be Waived.--The provisions referred to 
     in subsection (a) and (b) are--
       (1) the provisions of this Act,
       (2) the provisions of the Arms Export Control Act,
       (3) any other provisions of law that restrict the authority 
     to provide assistance, make sales or leases, or take other 
     actions (or refrain from taking actions) under the Acts in 
     paragraphs (1) and (2), and
       (4) any law relating to receipts and credits accruing to 
     the United States, except for those provisions of law 
     contained in section 8551(a)(7).
       (d) Consultation With Congress.--Before exercising the 
     authority granted in this section, the President shall 
     consult with, and shall provide a written policy 
     justification 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.
       (e) Notification to Congress.--A determination under 
     subsection (a) or (b) shall be effective only if the 
     President notifies the Speaker of the House of 
     Representatives and the chairman of the Committee on Foreign 
     Relations of the Senate, in writing, of that determination.
       (f) Annual Ceilings.--
       (1) In general.--The authority of this section may not be 
     used in any fiscal year to authorize--
       (A) more than $1,000,000,000 in sales or leases to be made 
     under the Arms Export Control Act;
       (B) the use of more than $500,000,000 of funds made 
     available for use under this Act; and
       (C) the use of more than $100,000,000 of foreign currencies 
     accruing under this Act or any other law.
       (2) Sales under the arms export control act.--If the 
     authority of this section is used both to authorize a sale or 
     lease under the Arms Export Control Act and to authorize 
     funds to be used under this Act with respect to the financing 
     of that sale or lease, then the use of the funds shall be 
     counted against the limitation in paragraph (1)(B) and the 
     portion, if any, of the sale or lease which is not so 
     financed shall be counted against the limitation in paragraph 
     (1)(A).
       (3) Leases.--For purposes of paragraph (1)(A) the 
     replacement cost, less any depreciation in the value, of the 
     defense articles authorized to be leased shall be counted 
     against the limitation in that paragraph.
       (4) Country limits.--(A) Not more than $100,000,000 of the 
     $500,000,000 limitation provided in paragraph (1)(B) may be 
     allocated to any one country in any fiscal year unless that 
     country is a victim of active aggression.
       (B) Not more than $750,000,000 of the aggregate limitation 
     of $1,500,000,000 provided in paragraphs (1)(A) and (1)(B) 
     may be allocated to any one country in any fiscal year.

     SEC. 7103. UNANTICIPATED CONTINGENCIES.

       (a) Authority.--Notwithstanding any other provision of law, 
     the President is authorized to use funds made available to 
     carry out any provision of this Act in order to furnish, for 
     any unanticipated contingency, assistance or contributions 
     authorized by any provision of this Act in accordance with 
     the provisions applicable to the furnishing of such 
     assistance or contributions.
       (b) Annual Ceiling.--The authority of this section may not 
     be used to authorize the use of more than $100,000,000 during 
     any fiscal year.
       (c) Report to Congress.--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 the authority of this 
     section is exercised.
       (d) Prohibition on Gifts.--Funds used under the authority 
     of this section may not be used to pay for any gifts to any 
     official of any foreign government.

     SEC. 7104. ASSISTANCE FOR LAW ENFORCEMENT AGENCIES.

       (a) Statement of Policy.--
       (1) In many countries, law enforcement agencies may lag 
     behind other institutions in their development as democratic 
     organizations and in their ability to contribute to civilian 
     order and may lack autonomy from military authorities.
       (2) Absent external assistance and encouragement, such 
     agencies may, in fact, undermine civilian democratic rule.
       (3) United States and international assistance to these 
     agencies may therefore be critical for the support of fragile 
     and emerging democracies.
       (b) Uses of Assistance.--In addition to assistance provided 
     in support of the functions of law enforcement agencies under 
     chapter 4 of title III, assistance may be provided under 
     other provisions of this Act in support of the functions 
     of law enforcement agencies only:
       (1) to reinforce the civilian democratic role of agencies 
     through, to the extent practicable as part of a larger effort 
     to support the development of the administration of justice 
     in the country--
       (A) programs to enhance professionalism (including programs 
     to improve investigative and forensic capabilities, to 
     enhance protection of participants in judicial cases, and to 
     improve administrative and management functions);
       (B) contacts with counterparts in established democracies; 
     and
       (C) programs designed to enhance respect for human rights 
     and understanding of principles of civilian control in a 
     democratic society;
       (2) to enhance the practical accountability of law 
     enforcement agencies to civil justice institutions;
       (3) to improve penal institutions and the rehabilitation of 
     offenders when doing so is considered part of a larger 
     administration of justice program;
       (4) to assist a country which has a democratic tradition, 
     does not have standing armed forces, and does not engage in a 
     consistent pattern of gross violations of internationally 
     recognized human rights;
       (5) for maritime law enforcement and other maritime skills, 
     including training;
       (6) to protect and maintain wildlife habitats and to 
     develop sound wildlife management and plant conservation 
     programs;
       (7) to improve the functioning of customs agencies, 
     exclusive of traditional law enforcement activities;
       (8) for assistance to police forces in connection with 
     their participation in the regional security system of the 
     Eastern Caribbean; and
       (9) to meet the challenges described in section 2102(a)(3).
       (c) Other Assistance.--Funds made available to carry out 
     the provisions of title I, and chapter 2 of title IV (insofar 
     as such funds are used for reconstruction activities), may be 
     used in support of law enforcement functions only pursuant to 
     subsections (b) (1), (2), and (6) of this section.

     SEC. 7105. TERMINATION EXPENSES.

       (a) In General.--Funds made available under this Act, the 
     former authority of the Foreign Assistance Act of 1961, the 
     former authority of section 23 of the Arms Export Control 
     Act, or other predecessor legislation shall 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.
       (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. 7106. EXEMPTION OF ASSISTANCE THROUGH NONGOVERNMENTAL 
                   ORGANIZATIONS FROM RESTRICTIONS.

       (a) Restrictions Not Applicable.--Subject to subsection 
     (c), 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 or programs of international organizations or 
     arrangements.
       (b) National Interest Criteria.--The President shall take 
     into consideration, in any case in which a restriction on 
     assistance would be applicable but for this section, whether 
     assistance for programs of nongovernmental organizations or 
     programs of international organizations or arrangements is in 
     the national interest of the United States.
       (c) Notice to Congress.--Whenever the authority of this 
     section is used to furnish assistance for a program of a 
     nongovernmental organization or of an international 
     organization or arrangement, the President shall notify 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. Such notification shall 
     describe the program assisted, the assistance provided, and 
     the reasons for furnishing such assistance.

     SEC. 7107. EXEMPTION OF TRAINING ACTIVITIES FROM 
                   PROHIBITIONS.

       Provisions of this or any other Act shall not be construed 
     to prohibit assistance for any training activity funded under 
     this Act for a country as long as that country has a 
     democratically elected government and the assistance is 
     otherwise consistent with section 7201(a)(1), section 
     7201(a)(2) and section 7201(a)(5).

     SEC. 7108. NONAPPLICABILITY TO DEFENSE ASSISTANCE OF CERTAIN 
                   NEUTRALITY ACT PROVISIONS.

       The functions authorized under this Act may be performed 
     without regard to such provisions as the President may 
     specify of the Neutrality Act of 1939.

     SEC. 7109. EXEMPTION FROM PROHIBITIONS FOR ASSISTANCE TO 
                   ADDRESS CERTAIN SPECIAL NEEDS.

       (a) Exemption.--Unless expressly provided to the contrary, 
     provisions of this or any other Act, including provisions in 
     previously enacted legislation, shall not be construed to 
     prohibit the following activities:
       (1) meeting the needs of individuals with disabilities;
       (2) addressing the needs of displaced children;
       (3) child survival activities;
       (4) the prevention and control of acquired immune 
     deficiency syndrome (AIDS);
       (5) environmentally sound, sustainable resource management, 
     and more efficient energy systems;
       (6) reconstruction as a result of natural or manmade 
     disasters; or
       (7) helping to reduce excessive population growth rates.
       (b) Exceptions.--Subsection (a) does not apply to 
     governments of countries to which assistance is prohibited 
     under paragraphs (2) and (5) of section 7201(a).

     SEC. 7110. AUTHORITY TO CONDUCT REIMBURSABLE PROGRAMS.

       (a) General Authority.--Whenever the President considers it 
     consistent with and within the limitations of this Act, any 
     agency of the United States Government is authorized to 
     furnish services and articles on an advance-of-funds or 
     reimbursement basis to friendly countries, international 
     organizations and arrangements, and nongovernmental 
     organizations and may contract in advance of appropriations 
     or reimbursement of such purposes.
       (b) Personal Service Contracts.--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 in a 
     manner otherwise permitted by law (or Office of Management 
     and Budget Circular A-76 or any successor circular) 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 Office of Personnel Management.
       (c) Limitations on Assistance Not Applicable.--Limitations 
     in this or any other Act on assistance do not apply with 
     respect to this section.
       (d) Use of Payments.--Advances and reimbursements received 
     under this section may either be credited to the currently 
     applicable appropriation, account, or fund of the agency 
     concerned or shall be available until expended.

     SEC. 7111. DRAWDOWN AUTHORITY.

       (a) Unforeseen Emergencies.--If the President determines 
     that--(1) an unforeseen emergency exists which requires 
     immediate military assistance to a foreign country or 
     international organization, and
       (2) the emergency requirement cannot be met under the 
     authority of the Arms Export Control Act or any other law 
     except this section,

     the President may direct, for the purposes of this Act, the 
     drawdown of articles and services, of an aggregate value not 
     to exceed $100,000,000 in any fiscal year, from the inventory 
     and resources of the Department of Defense.
       (b) Special Circumstances.--If the President determines 
     that it is in the national interest of the United States to 
     do so, the President may direct the drawdown of articles and 
     services, of an aggregate value not to exceed $150,000,000 in 
     any fiscal year, from the inventory and resources of any 
     agency of the United States Government for the purposes and 
     under the authorities of--
       (1) chapter 4 of title III of this Act;
       (2) chapter 1 of title IV of this Act; or
       (3) chapter 2 of title IV of this Act.
       (c)(1) The authority of this section may be exercised only 
     if 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 are notified in advance of the 
     exercise of that authority.
       (2) Continuing information.--The President shall keep the 
     Congress fully and currently informed of all articles and 
     services provided under this section.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the President such sums as may be 
     necessary to reimburse the applicable appropriation, fund, or 
     account for articles and services provided under this 
     section.

     SEC. 7112. INTEREST ACCRUING TO NONGOVERNMENTAL 
                   ORGANIZATIONS.

       Upon the approval of the President, a nongovernmental 
     organization may place in an interest bearing account--
       (1) funds made available on a grant basis under this Act 
     (or predecessor legislation); and
       (2) local currencies which accrue to that organization as a 
     result of grant assistance provided under this Act (or 
     predecessor legislation) or assistance under titles I through 
     III of the Agricultural Trade Development and Assistance Act 
     of 1954, section 416(b) of the Agricultural Act of 1949, or 
     the Food for Progress Act of 1985.

     Any interest so earned may be retained by the nongovernmental 
     organization and used for the purpose for which the 
     assistance was provided to that organization, which may 
     include support for an endowment.

     SEC. 7113. DEVELOPMENT EDUCATION.

       The President may use funds made available for sustainable 
     development assistance under this Act to support development 
     education programs, with emphasis on those conducted by 
     private voluntary organizations and cooperatives, in order to 
     assist in the education of United States citizens about 
     developing countries, the development process, the 
     interdependence of developed and developing countries, and 
     the importance to the United States of developing countries.

     SEC. 7114. STRENGTHENING THE CAPACITY OF NONGOVERNMENTAL 
                   ORGANIZATIONS, INCLUDING RESEARCH AND 
                   EDUCATIONAL INSTITUTIONS.

       The President may use funds made available for assistance 
     under this Act to furnish assistance to nongovernmental 
     organizations, including research and educational 
     institutions, in the United States and abroad for the purpose 
     of strengthening their capacity to develop and carry out 
     programs concerned with the economic and social development 
     of developing countries.

     SEC. 7115. VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW.

       (a) Authority for Use of Funds.--The President may use 
     funds made available to carry out the purposes of chapters 1 
     and 4 of title III of this Act to support activities of 
     international tribunals, commissions, or panels to 
     investigate or prosecute persons responsible for genocide, 
     crimes against humanity, and other violations of 
     international humanitarian law.
       (b) Drawdown Authority.--If the President determines that 
     doing so is important to support the activities described in 
     subsection (a), the President may direct the drawdown of 
     articles and services, of an aggregate value not to exceed 
     $25,000,000 in any fiscal year, from the inventory and 
     resources of any agency of the United States.
       (c) Reimbursement.--There are authorized to be appropriated 
     to the President such sums as may be necessary to reimburse 
     the applicable appropriation, fund, or account for articles 
     and services provided under this subsection (b).

     SEC. 7116. LAWS RELATING TO CONTRACTS AND GOVERNMENT 
                   EXPENDITURES.

       Whenever the President determines it to be in furtherance 
     of the purposes of this Act, the functions authorized under 
     this Act may be performed without regard to such 
     provisions of law regulating the making, performance, 
     amendment, or modification of contracts and the 
     expenditure of funds of the United States Government as 
     the President may specify, except for those provisions 
     contained in section 8551(a)(7) of this Act.

     SEC. 7117. TRANSPORTATION CHARGES INCURRED BY THE RED CROSS 
                   AND NONGOVERNMENTAL ORGANIZATIONS.

       In order to further the efficient use of United States 
     voluntary contributions for development and for relief and 
     rehabilitation in furtherance of the purposes of this Act, 
     the President may use funds made available for assistance 
     under this Act, to pay transportation charges on shipments by 
     the American National Red Cross and by United States 
     nongovernmental organizations.

Chapter 2--Restrictions on Assistance SEC. 7201. INELIGIBLE COUNTRIES.
       (a) Restrictions.--Except as provided in subsection (b), 
     assistance under this Act may not be furnished to the 
     government of a country that is:
       (1) Communist countries.--A communist country, as 
     designated under subsection (d).
       (2) Human rights violators.--A country described in 
     subsection (e).
       (3) Expropriation of United States Property.--A country 
     whose government--
       (A) has on or after January 1, 1962--
       (i) expropriated the property of any United States person,
       (ii) repudiated or nullified any contract with any United 
     States person, or
       (iii) taken any other action (such as discriminatory taxes 
     or other exactions) which has the effect of seizing ownership 
     or control of the property of any United States person, and
       (B) has not within a reasonable period of time provided 
     adequate and effective compensation or is not engaged in good 
     faith efforts to negotiate a settlement, if the United States 
     person has exhausted host country legal and other formal 
     remedies.
       (4) Military coups.--A country whose duly-elected Head of 
     Government is deposed by military coup or decree unless 
     subsequent to the military coup or decree a democratically-
     elected government has taken office.
       (5) Terrorist countries.--A country whose government the 
     President determines repeatedly provides support for acts of 
     international terrorism.
       (6) Major illicit drug producing or major drug transit 
     countries.--A country described in section 7206.
       (7) Countries in Arrears.--A country that is more than one 
     year in arrears to the United States Government on any 
     payment of interest or principal on any loan made or credit 
     extended under this Act, the Arms Export Control Act, or the 
     former authorities of the Foreign Assistance Act of 1961.
       (b) Exceptions.--
       (1) In general.--Funds may be obligated and expended for 
     assistance restricted by subsection (a), or other provisions 
     of law that restrict assistance to countries, under any of 
     the following circumstances:
       (A) National interest.--The President determines that the 
     furnishing of such assistance is important to the national 
     interests of the United States.
       (B) Alleviating suffering resulting from a disaster.--The 
     assistance is for the alleviation of suffering resulting from 
     a natural or manmade disaster.
       (C) Directly benefitting the needy.--The assistance will 
     directly benefit the needy people in the country.
       (D) Refugees and displaced persons.--The assistance is for 
     the purposes described in section 4101(b).
       (E) Promoting human rights and democracy.--The assistance 
     will be furnished through nongovernmental organizations to 
     directly promote increased respect for internationally 
     recognized human rights and the development of democracy.
       (2) With respect to the restrictions imposed by subsection 
     (g) or any other provision of law to which this subsection 
     applies, references in this subsection to furnishing 
     assistance shall be deemed to include the taking of other 
     action that, but for this subsection, would be restricted by 
     such provision.
       (c) Report to Congress.--Assistance restricted by 
     subsection (a) may not be provided under subsection (b) until 
     the President has submitted to the Speaker of the House of 
     Representatives and the chairman of the Committee on Foreign 
     Relations of the Senate, a report with respect to 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 meets the criteria 
     specified in subsection (b).
       (d) Communist Country List.--
       (1) Establishment.--The President shall designate those 
     countries that are Communist countries for purposes of 
     subsection (a)(1).
       (2) Publication of list.--The initial list of countries 
     designated pursuant to this subsection shall be published in 
     the Federal Register and shall be provided to the Congress. 
     Thereafter, any additions to or deletions from such list 
     shall be similarly published and provided.
       (3) Removal of countries from the list; exemptions.--The 
     President may remove a country from the Communist country 
     list established pursuant to this section, or may exempt a 
     listed country from the application of subsection (a)(1) or 
     other provisions of law that reference subsection (a)(1), if 
     the President promptly reports such removal or exemption to 
     the Speaker of the House of Representatives and the chairman 
     of the Committee on Foreign Relations of the Senate.
       (e) Human Rights Violators.--
       (1) Ineligibility.--Subsection (a)(2) shall apply to any 
     country the government of which engages in a consistent 
     pattern of gross violations of internationally recognized 
     human rights.
       (2) Matters to be considered.--In implementing subsection 
     (a)(2), consideration shall be given to the following:
       (A) The relevant findings of appropriate international 
     organizations and nongovernmental organizations.
       (B) The extent of cooperation by the government in question 
     in permitting an unimpeded investigation by indigenous 
     nongovernmental organizations, other nongovernmental 
     organizations, and international organizations (such as the 
     International Committee of the Red Cross), of alleged 
     violations of internationally recognized human rights.
       (C) Specific actions that have been taken by the President 
     or the Congress relating to the human rights practices of the 
     government in question.
       (D) The likely effect that a determination of ineligibility 
     under this subsection is expected to have on the human rights 
     process of the country concerned.
       (f) Terrorist Countries.--The President shall promptly 
     report to the Speaker of the House of Representatives and the 
     chairman of the Committee on Foreign Relations of the Senate 
     the rescission of a determination that the government of a 
     country repeatedly provides support for acts of international 
     terrorism.
       (g) Related Restrictions on Assistance.--
       (1) Human rights violators.--Subsection (a)(2) shall be 
     deemed to prohibit, in addition to the furnishing of 
     assistance under this Act--
       (A) sales of defense articles, defense services, or design 
     and construction services under the Arms Export Control Act;
       (B) licenses under section 38 of the Arms Export Control 
     Act 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; and
       (C) licenses required under the Export Administration Act 
     of 1979 for the export of crime control and detection 
     instruments and equipment.
       (2) Terrorist countries.--Subsection (a)(5) shall be deemed 
     to prohibit, in addition to the furnishing of assistance 
     under this Act, the furnishing of assistance under the 
     Agricultural Trade Development and Assistance Act of 1954 and 
     the Peace Corps Act, and the provision of loans, guaranties, 
     and insurance under the Export-Import Bank Act of 1945.
       (3) Major illicit drug producing and major drug transit 
     countries.--
       (A) Subsection (a)(6) shall be deemed to prohibit, in 
     addition to the furnishing of assistance under this Act, (i) 
     sales under the Arms Export Control Act, (ii) the provision 
     of agricultural commodities other than food under the 
     Agricultural Trade Development and Assistance Act of 1954, 
     and (iii) loans, guarantees and insurance under the Export-
     Import Bank Act of 1945.
       (B) Notwithstanding subparagraph (A), subsection 
     (a)(6) shall not be deemed to prohibit (i) disaster relief 
     assistance, refugee assistance or assistance that involves 
     the provision of food (including monetization of food) or 
     medicine (including any such assistance provided under 
     title IV), and (ii) assistance for narcotics education and 
     awareness activities.
       (C) With respect to any country for which assistance is 
     prohibited under section (a)(6), the President should 
     instruct the United States Executive Director of the 
     International Bank for Reconstruction and Development, the 
     United States Executive Director of the International 
     Development Association, the United States Executive Director 
     of the Inter-American Development Bank, and the United States 
     Executive Director of the Asian Development Bank to vote, 
     during the period in which assistance is prohibited under 
     subsection (a)(6), 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, 
     except as provided in subsection (b).

     SEC. 7202. IMPACT OF FOREIGN ASSISTANCE PROGRAMS ON JOBS IN 
                   THE UNITED STATES.

       Funds made available to carry out the provisions of this 
     Act may not be made available to provide--
       (1) any financial incentive to a business enterprise 
     located in the United States for the purpose of inducing that 
     enterprise to relocate outside the United States if such 
     incentive or inducement is likely to reduce the number of 
     individuals employed in the United States by that enterprise 
     because that enterprise would replace production in the 
     United States with production outside the United States;
       (2) assistance for the purpose of establishing or 
     developing in a foreign country any export processing zone or 
     designated area in which the tax, tariff, labor, environment, 
     and safety laws of that country do not apply, in part or in 
     whole, to activities carried out within that zone or area, 
     unless the President determines and certifies that such 
     assistance is not likely to cause a loss of jobs within the 
     United States; or
       (3) assistance 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 in any designated 
     zone or area in that country.

     In recognition that the application of paragraph (3) should 
     be commensurate with the level of development of the 
     recipient country and sector, that paragraph does not 
     preclude assistance for the informal section in such country, 
     for microenterprises and small-scale enterprises, or for 
     small-holder agriculture.

     SEC. 7203. FAMILY PLANNING ACTIVITIES.

       Funds made available to carry out this Act may not be--
       (1) used to coerce any person to practice abortions; or
       (2) used to pay for the performance of involuntary 
     sterilizations or to coerce or provide any financial 
     incentive to any person to undergo sterilizations.

     SEC. 7204. COMPETITION WITH UNITED STATES EXPORTS.

       In determining whether to provide assistance under this 
     Act, the President should take into consideration whether 
     such assistance would be furnished for direct support for any 
     project or activity that is specifically designed to increase 
     exports of any agricultural, textile, or apparel commodity 
     from a developing country where such exports--
       (1) would be in direct competition with United States 
     exports, and
       (2) can reasonably be expected to cause substantial injury 
     to United States exporters of the same or substantially 
     similar commodity.

     SEC. 7205. NUCLEAR NONPROLIFERATION.

       (a) Nuclear Enrichment Transfers.--
       (1) Except as provided in paragraph (2) of this subsection, 
     no funds made available to carry out the provisions of this 
     Act may be used for the purpose of providing assistance, to 
     any country that, on or after the date of enactment of the 
     International Security Assistance Act of 1977, delivers 
     nuclear enrichment equipment, materials, or technology to a 
     nonnuclear weapon state or, if a nonnuclear weapon state, 
     receives such equipment, materials, or technology from any 
     other country, unless before such delivery--
       (A) 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
       (B) 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.
       (2)(A) Notwithstanding paragraph (1) of the subsection, 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--
       (i) the termination of such assistance would have a serious 
     adverse effect on vital United States interests; and
       (ii) the President has received reliable assurances that 
     the country in question will not acquire or develop nuclear 
     weapons or assist other nations in doing so.

     A certification under subparagraph (A) of this paragraph 
     shall set forth the reasons supporting such determination in 
     each particular case.
       (B) A certification under subparagraph (A) of this 
     paragraph 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 adopts a joint resolution stating in substance 
     that the Congress disapproves the furnishing of assistance 
     pursuant to the certification, then upon the adoption 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.
       (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 the purpose of expediting the consideration and 
     adoption of joint resolutions under this paragraph, 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.
       (b) Nuclear Reprocessing Transfers, Illegal Exports for 
     Nuclear Explosive Devices.--
       (1) Except as provided in paragraph (2) of this subsection, 
     no funds made available to carry out the provisions of this 
     Act may be used for the purpose of providing assistance to 
     any country that--
       (A) on or after the date of enactment of the International 
     Security Assistance Act of 1977, delivers nuclear 
     reprocessing equipment, materials, or technology to a 
     nonnuclear weapon state or, if a nonnuclear weapon state, 
     receives such equipment, materials, or technology from any 
     other country (except for the transfer of reprocessing 
     technology associated with the investigation, under 
     international evaluation programs in which the United States 
     participates, or technologies which are alternatives to pure 
     plutonium reprocessing); or
       (B) is a nonnuclear-weapon state which, on or after the 
     date of enactment of the International Security and 
     Development Cooperation Act of 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 this subparagraph, an export or attempted export 
     by a person who is an agent of, or is otherwise acting on 
     behalf of or in the interest of, a country shall be 
     considered to be an export or attempted export by that 
     country.
       (2) Notwithstanding paragraph (1) of this subsection, the 
     President may furnish assistance which would otherwise be 
     prohibited under that paragraph if the President determines 
     and certifies in writing 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.
       (3)(A) A certification under paragraph (2) of this 
     subsection shall take effect on the day on which the 
     certification is received by the Congress. However, if within 
     30 calendar days after receiving this certification, the 
     Congress adopts a joint resolution stating in substance that 
     the Congress disapproves the furnishing of assistance 
     pursuant to the certification, then upon the adoption 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.
       (C) For the purpose of expediting the consideration and 
     adoption of joint resolutions under this paragraph, 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.
       (c) Transfers of Nuclear Explosive Devices and Nuclear 
     Detonations.--
       (1) Except as provided in paragraphs (2) and (3) of this 
     subsection, no funds made available to carry out the 
     provisions of this Act may be used for the purpose of 
     providing assistance to any country that, on or after the 
     date of enactment of the International Security Assistance 
     Act of 1977--
       (A) transfers a nuclear explosive device to a nonnuclear-
     weapon state, or
       (B) is a nonnuclear-weapon state and either--
       (i) receives a nuclear explosive device, or
       (ii) detonates a nuclear explosive device.
       (2)(A) Notwithstanding paragraph (1) of this subsection, 
     the President may, for a period of not more than 30 days of 
     continuous session, furnish assistance which would otherwise 
     be prohibited under paragraph (1) of this subsection if, 
     before furnishing such assistance, the President 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 the President has determined that an 
     immediate termination of assistance to 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 subparagraph (3) of this subsection shall, if introduced 
     in either House within 30 days of continuous session after 
     the Congress receives this certification, be considered in 
     the Senate and House of Representatives in accordance with 
     subparagraphs (C) and (D) 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 the purpose of expediting the consideration and 
     adoption of a joint resolution under this paragraph, a motion 
     to proceed to the consideration of such a joint resolution 
     after it has been reported by the appropriate committee shall 
     be treated as highly privileged in the House of 
     Representatives.
       (E) 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 7205(c)(2) of the Peace, Prosperity, and Democracy 
     Act of 1994 with respect to, the Congress hereby authorizes 
     the President to exercise the waiver authority contained in 
     section 7205(c)(3) 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.
       (3) Notwithstanding paragraph (1) of this subsection, if 
     the Congress enacts a joint resolution under paragraph (2) of 
     this subsection, the President may furnish assistance which 
     would otherwise be prohibited under paragraph (1) 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 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.
       (4) 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.
       (d) As used in this section, the term ``nonnuclear-weapon 
     state'' means any country which is not a nuclear-weapons 
     state, as defined in article IX(3) on the Treaty on the Non-
     Proliferation of Nuclear Weapons.
       (e) Pakistan.--No assistance 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 assistance is to be furnished or military equipment or 
     technology is to be sold or transferred, that Pakistan does 
     not possess a nuclear explosive device and that the proposed 
     United States assistance program will reduce significantly 
     the risk that Pakistan will possess a nuclear explosive 
     device.

     SEC. 7206. MAJOR ILLICIT DRUG PRODUCING AND DRUG TRANSIT 
                   COUNTRIES.

       (a) Application of Restriction.--Section 7201(a)(6) shall 
     apply to any major illicit drug producing country and any 
     major drug-transit country if the President determines, at 
     the time of the submission of the report required by section 
     7303, that during the previous fiscal year the country has 
     not cooperated with the United States, and has otherwise not 
     taken adequate steps to control the illicit cultivation, 
     production, and smuggling of, trafficking in, and abuse of 
     narcotic and psychotropic drugs. The President may rescind 
     such a determination, and section 7201(a)(6) shall cease to 
     apply, if the President subsequently determines that the 
     country has resumed cooperating with the United States, or 
     otherwise has taken adequate steps to control the illicit 
     cultivation, production, and smuggling of, trafficking in, 
     and abuse of narcotic and psychotropic drugs.
       (b) Withholding.--For any country that was a major illicit 
     drug producing or drug-transit country (as defined in 
     sections 8551(a) (11) and (12)) during the previous fiscal 
     year, the President may withhold from obligation or 
     expenditure up to fifty percent of assistance which is 
     allocated to such country each fiscal year in the report 
     required by section 7304 until the determination provided for 
     in section 7206 is made.
       (c) In implementing subsection (a), the President should 
     consider the extent to which the country has--
       (1) accomplished the goals described in an applicable 
     bilateral narcotics agreement with the United States or a 
     multilateral agreement;
       (2) investigated and immobilized major organizations 
     involved in the production, processing, or distribution of 
     narcotics and dangerous drugs;
       (3) achieved significant increases in seizures of the 
     proceeds and instrumentalities of the illicit drug trade;
       (4) achieved significant reductions, where applicable, in 
     the net production of illicit narcotic crops through forced 
     or voluntary eradication efforts;
       (5) prevented and punished the laundering in that country 
     of drug-related moneys;
       (6) prevented and punished public corruption 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;
       (7) processed expeditiously United States and other 
     extradition requests related to narcotics trafficking;
       (8) increased public awareness of the heinous nature of 
     drug abuse and reduced the demand and the consumption of 
     narcotics and dangerous drugs;
       (9) if it is a producer of licit opium, taken steps to 
     prevent significant diversion of its licit cultivation and 
     production into the illicit market, to maintain production of 
     stockpiles at levels no higher than those consistent with 
     licit market demands, and to prevent illicit cultivation and 
     production.

     SEC. 7207. ASSISTANCE FOR ELECTIONS.

       Funds made available for assistance under this Act that are 
     used to enhance the independence and performance of electoral 
     processes may not be used for the purpose of influencing the 
     outcome of any election in any country.

     SEC. 7208. ASSIGNMENT OF PERSONNEL.

       (a) Assignment or Detail.--Members of the Armed Forces may 
     be assigned or detailed to perform functions related to 
     assistance under this Act administered through the Department 
     of Defense, provided they not perform duties of a combatant 
     nature, including any duty related to training and advising 
     that may engage United States Armed Forces personnel in 
     combat activities, outside the United States in connection 
     with the performance of those defense services.
       (b) Exception.--The limitation contained in subsection (a) 
     shall not apply if the President determines, and reports to 
     the Congress, that its application would not be in the 
     national interest of the United States.

     SEC. 7209. ASSISTANCE LIMITED TO ECONOMIC PROGRAMS.

       (a) In General.--Assistance provided under title I of this 
     Act may not be used for military or paramilitary purposes.
       (b) Exception for Certain Programs.--The provisions of 
     subsection (a) of this section shall not apply to economic 
     assistance involving the participation of military personnel 
     in training activities, conferences, and other sustainable 
     development programs consistent with the purposes of section 
     1102.

     SEC. 7210. IMPACT OF SUSTAINABLE DEVELOPMENT ASSISTANCE ON 
                   ENVIRONMENT AND NATURAL RESOURCES.

       (a) Statement of Policy.--It is the sense of the Congress 
     that--
       (1) the economic and social well-being and the security of 
     the United States and other countries are affected by how 
     the world's environment and physical resource base are 
     managed, and that consumption patterns, systems of 
     industrial and agricultural production, and the manner of 
     use of natural resources all have an impact on the 
     opportunities for long-term development and growth and 
     survival for all countries;
       (2) environmentally responsible management of physical 
     resources is necessary by both developed and developing 
     countries to insure their availability for future generations 
     and to assure that the burdens of improved resource 
     management do not fall disproportionately on the poor;
       (3) sustainable development is development that meets the 
     needs of the present without compromising the ability of 
     future generations to meet their own needs; and
       (4) sustainable development programs authorized by this Act 
     should assist countries to adopt policies and to carry out 
     programs that promote economic growth that is environmentally 
     sound.
       (b) Impact Assessment.--The President, in implementing 
     sustainable development programs under this Act, should 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 should--
       (1) prepare and take fully into account an initial 
     environmental examination of every program or project to 
     determine whether it significantly affects the environment;
       (2) prepare and take fully into account an environmental 
     impact statement for any program or project 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
       (3) prepare and take fully into account an environmental 
     assessment of any proposed program or project significantly 
     affecting the environment of any foreign country.

     Where appropriate, local technical resources should be used 
     in preparing environmental impact statements and 
     environmental assessments pursuant to this section.
       (c) Exceptions.--The President should establish exceptions 
     for emergency conditions and for cases in which 
     implementation of procedures described in subsection (b) 
     would be seriously detrimental to the foreign policy 
     interests of the United States.

            Chapter 3--Reports and Notifications to Congress

     SEC. 7301. CONGRESSIONAL PRESENTATION DOCUMENTS.

       (a) Requirement for Submission.--The President shall 
     prepare, and submit to the Congress in a timely manner, 
     annual congressional documents for the programs authorized 
     under titles I, II, and III of this Act.
       (b) Materials To Be Included.--The documents submitted 
     pursuant to subsection (a) shall include--
       (1) the rationale for the allocation of assistance or 
     contributions to each country, regional, or centrally funded 
     program, or activities under section 3102;
       (2) a description of how each program or activity under 
     section 3102 supports the objectives of the title for which 
     such program is being justified including, for programs 
     administered by the United States Agency for International 
     Development, to the extent determined at the time of 
     submission of these documents, the strategic objectives for 
     such programs; and
       (3) a description of planned country, regional, or 
     centrally funded programs or activities under section 3102 
     for the coming fiscal year.

     SEC. 7302. HUMAN RIGHTS POLICY AND REPORTS.

       (a) Promotion of Human Rights.--It is the sense of the 
     Congress that the United States should, 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.
       (b) Conduct of Assistance.--In furtherance of subsection 
     (a), the President should formulate and conduct United States 
     assistance in a manner which will--
       (1) promote and advance human rights;
       (2) strengthen a relationship between civilian and military 
     sectors appropriate to a democratic system of government; and
       (3) avoid identification of the United States, through 
     these 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.
       (c) Matters To Be Considered.--In carrying out subsection 
     (b) and in preparing the annual reports required by 
     subsection (d), consideration should be given to the 
     following:
       (1) The relevant findings of appropriate international 
     organizations and nongovernmental organizations.
       (2) The extent of cooperation by the government in question 
     in permitting an unimpeded investigation by indigenous 
     nongovernmental organizations, other nongovernmental 
     organizations, and international organizations (such as the 
     International Committee of the Red Cross), of alleged 
     violations of internationally recognized human rights.
       (d) Annual Human Rights Report.--In furtherance of 
     subsections (a) and (b), the President shall transmit to the 
     Congress, not later than January 31 each year, a full and 
     complete report with respect to practices regarding the 
     status of internationally recognized human rights, regarding 
     whether the country engages in a consistent pattern of gross 
     violations of internationally recognized human rights within 
     the meaning of section 8551(a)(5). The report shall be 
     submitted with respect to every foreign country that is a 
     member of the United Nations. Wherever appropriate, such 
     reports shall include information on practices regarding 
     coercion in population control, including coerced abortion 
     and involuntary sterilization. The report shall also include 
     the steps taken to alter United States programs under this 
     Act in any country because of human rights considerations.
       (e) Information To Be Provided.--Each annual report under 
     subsection (d), shall include--
       (1) information about observance of and respect for human 
     rights and fundamental freedom in the country in question, 
     and
       (2) a detailed description of practices by the recipient 
     government with respect to human rights and fundamental 
     freedom, including where appropriate information provided by 
     organizations, including nongovernmental organizations.

     SEC. 7303. INTERNATIONAL NARCOTICS CONTROL REPORT.

       Not later than March 1 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 
     comprehensive report on the state of international narcotics 
     production and trafficking, and on United States efforts to 
     prevent the illicit cultivation and manufacture of and 
     trafficking in narcotics and psychotropic drugs and other 
     controlled substances.

     SEC. 7304. ANNUAL ALLOCATION REPORT.

       (a) Report on Allocations of Assistance.--Not later than 30 
     days after the enactment of any law appropriating funds to 
     carry out any provision of this Act, the President shall 
     notify the Congress of--
       (1) each foreign country and international organization to 
     which the United States Government intends to provide any 
     portion of the funds under such law; and
       (2) the amount of funds under that law, by category of 
     assistance, that the United States Government intends to 
     provide to each such country or organization.
       (b) Exceptions.--Subsection (a) does not apply with respect 
     to--
       (1) funds appropriated under section 8509 or section 8510 
     (relating to operating expenses of the United States Agency 
     for International Development and the Inspector General of 
     that agency, respectively); or
       (2) any law making continuing appropriations.
       (c) Use of Special Authority.--The authority of section 
     7201 of this Act may not be used to waive the provisions of 
     this section.

     SEC. 7305. NOTIFICATION OF PROGRAM CHANGES.

       (a) Notification of Program Changes.--Unless 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 
     are notified at least fifteen days in advance, funds 
     appropriated for a fiscal year to carry out this Act may not 
     be obligated for any assistance or contributions under any 
     title of this Act--
       (1) for programs administered by the United States Agency 
     for International Development under title I--
       (A) for a country, regional, or centrally funded program 
     for which assistance under that title was not justified in 
     congressional presentation documents for that fiscal year;
       (B) for a country, regional, or centrally funded program in 
     excess of the amount justified under that title in 
     congressional presentation documents or allocated pursuant to 
     section 7304 for that fiscal year;
       (C) for a project or activity not previously justified to 
     such Committees or, in the case of programs that are 
     administered through strategic objectives, for a new 
     strategic objective for a country, regional or centrally 
     funded program; or
       (D) for a nonproject assistance activity, including 
     commodity import program assistance;
       (2) for assistance administered through the Department of 
     Defense under this Act--
       (A) for a country, international organization or 
     arrangement, for which assistance under that title was not 
     justified in congressional presentation documents for that 
     fiscal year;
       (B) in excess of the amount allocated pursuant to section 
     7304 for that country, organization or arrangement, under 
     that title for that fiscal year; or
       (C) 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 twenty percent in 
     excess of the quantities justified to Congress.
       (3) for other programs under this Act--
       (A) for a country, international organization or 
     arrangement, or operation for which assistance or 
     contribution under that title was not justified in 
     congressional presentation documents for that fiscal year;
       (B) in excess of the amount allocated pursuant to section 
     7304 for that country or organization or arrangement under 
     that title for that fiscal year; or
       (C) for a project, activity, or operation not previously 
     justified, or in excess of the amount previously justified, 
     to such Committees.
       (b) Appropriations Subject to Requirements.--Subsection (a) 
     applies with respect to all funds appropriated for assistance 
     and contributions under this Act other than--
       (1) chapters 1 and 2 of title V (relating to the Overseas 
     Private Investment Corporation and the Trade and Development 
     Agency, respectively),
       (2) section 1104 (relating to the micro and small 
     enterprise development, housing and urban, and other guaranty 
     programs),
       (3) programs for refugee assistance and for disaster relief 
     and rehabilitation, including assistance programs under title 
     IV of this Act.
       (c) Emergency Exceptions.--
       (1) Waiver.--Subsection (a), or any similar requirement to 
     provide advance notification to the Congress or Congressional 
     committees, may be waived if the President determines that 
     doing so is necessitated by emergency circumstances.
       (2) Exercise of authority.--In the case of any waiver under 
     paragraph (1) notification to the Congress or the appropriate 
     Congressional committees shall be provided as early as 
     practicable, but in no event later than three days after 
     taking the action to which such notification requirement was 
     applicable. Any notification under this paragraph shall 
     contain an explanation of the circumstances necessitating the 
     use of the authority of this subsection.

     SEC. 7306. EVALUATION AND MONITORING OF PROGRAM PERFORMANCE.

       (a) Need for Evaluation.--In order to effectively and 
     responsibly manage the resources made available for 
     sustainable development purposes, the President must have a 
     capacity to evaluate objectively the extent of progress in 
     achieving development results and to derive lessons from that 
     development experience.
       (b) Actions To Be Taken.--In furtherance of subsection (a), 
     the President shall establish a program performance, 
     monitoring, and evaluation capacity within the United States 
     Agency for International Development that will do the 
     following:
       (1) Enhance, through training and other means, the use of 
     program performance, monitoring, and evaluation as a 
     management tool, by both the agency and its counterparts in 
     countries receiving assistance, in the planning, designing, 
     and implementation of foreign assistance projects and 
     programs.
       (2) Develop a program performance information system to 
     afford agency managers at all levels, and counterparts in 
     countries receiving assistance, a means for monitoring and 
     assessing achievement of impact and interim performance of 
     the agency's major programs in support of the strategic 
     management of economic assistance.
       (3) Prepare and disseminate objective and periodic reports 
     on the progress of the agency in meeting development 
     objectives and on lessons learned from its development 
     programs and assure the widest possible distribution of 
     findings, particularly to beneficiaries of projects and 
     programs.
       (4) Establish a system which ensures the incorporation of 
     evaluation findings in decisions of the agency about program 
     direction and resource allocation.
       (c) The President shall prepare an annual report to the 
     Congress to include the following:
       (1) An assessment of progress toward the achievement of 
     sustainable development objectives, based on the findings of 
     program performance monitoring and evaluation studies 
     conducted by the United States Agency for International 
     Development and on such other empirical analyses as may be 
     appropriate.
       (2) An analysis, on a country-by-country basis, of the 
     results of sustainable development in each country receiving 
     assistance under title I from such Agency, including a 
     discussion of the United States interests and objectives that 
     were served by such assistance.

                     TITLE VIII--GENERAL PROVISIONS

           Chapter 1--Exercise and Coordination of Functions

     SEC. 8101. DELEGATIONS BY THE PRESIDENT.

       (a) In General.--The President may exercise any functions 
     conferred upon the President by this Act through such agency 
     or officer of the United States Government as the President 
     shall direct.
       (b) Authority To Issue Regulations and Delegate.--The head 
     of any agency or such officer exercising functions under this 
     Act--
       (1) may from time to time promulgate such rules and 
     regulations as may be necessary to carry out such functions; 
     and
       (2) may delegate authority, including to any other agency 
     upon obtaining the concurrence of the head of that agency, to 
     perform any such functions, including, if he or she shall so 
     specify, the authority successively to redelegate any such 
     functions.

     SEC. 8102. ROLE OF THE SECRETARY OF STATE.

       (a) Continuous Supervision.--Under the direction of the 
     President, the Secretary of State shall be responsible for 
     the continuous supervision and general direction of 
     assistance under this Act, including determining whether such 
     assistance shall involve the provision of defense articles 
     and defense services, to the end that all such assistance is 
     effectively integrated both at home and abroad and the 
     foreign policy of the United States is best served thereby.
       (b) Powers and Functions.--Nothing in this Act shall be 
     construed to infringe upon the powers and functions of the 
     Secretary of State.

     SEC. 8103. THE SECRETARY OF DEFENSE.

       (a) With respect to assistance under this Act administered 
     through the Department of Defense, the Secretary of Defense 
     shall have primary responsibility for--
       (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 monitoring of end-item use by the recipient 
     countries;
       (4) the supervision of the training of foreign military and 
     related civilian personnel;
       (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 assistance 
     administered through the Department of Defense under this 
     Act.
       (b) The establishment of priorities in the procurement, 
     delivery, and the allocation of military equipment shall be 
     determined by the Secretary of Defense.

     SEC. 8104. UNITED STATES AGENCY FOR INTERNATIONAL 
                   DEVELOPMENT.

       The United States Agency for International Development 
     shall be an agency of the United States under the foreign 
     policy guidance and subject to the supervision and direction 
     of the Secretary of State.

     SEC. 8105. THE DIRECTOR OF THE ARMS CONTROL AND DISARMAMENT 
                   AGENCY.

       Decisions to furnish assistance administered through the 
     Department of Defense under subchapter A, chapter 1, title 
     II, and chapter 3, title III 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 such assistance will--
       (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. 8106. AUTHORITY TO ESTABLISH OFFICES ABROAD.

       The President may maintain offices or staffs outside the 
     United States in such countries and for such period of time 
     as may be necessary to carry out this Act.

     SEC. 8107. PRESIDENTIAL FINDINGS AND DETERMINATIONS.

       (a) Findings and Determinations To Be Written and Signed.--
     In any case in which the President is required to make a 
     report by any provision of this Act, the Arms Export Control 
     Act, or any annual or periodic foreign assistance authorizing 
     or appropriations legislation, to the Congress or to any 
     committee or officer of either House of Congress concerning 
     any finding or determination, that finding or determination 
     shall be reduced to writing and signed by the President.
       (b) Restriction.--No action shall be taken pursuant to any 
     such finding or determination prior to the date on which that 
     finding or determination is reduced to writing and signed by 
     the President.
       (c) Publication in Federal Register.--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.

                 Chapter 2--Administrative Authorities

                   Subchapter A--General Authorities

     SEC. 8201. ALLOCATION OF FUNDS AND REIMBURSEMENT AMONG 
                   AGENCIES.

       (a) Allocations or Transfers to Agencies.--The President, 
     or with respect to funds appropriated to any agency, the head 
     of such agency, as the case may be, may allocate or transfer 
     to any agency of the United States Government any funds 
     available for providing assistance under this or any other 
     Act, including any advance to the United States Government by 
     any country or international organization for the procurement 
     of articles or services. Such funds shall be available for 
     obligation and expenditure for the purposes for which 
     authorized, in accordance with the authority pursuant to 
     which they were made available or the authority governing the 
     activities of the agency to which such funds are allocated or 
     transferred.
       (b) Procurement From Other Agencies.--
       (1) Authority.--Any officer of the United States Government 
     carrying out functions under this Act may utilize the 
     services and the facilities of, or procure articles from, any 
     agency of the United States Government as the President shall 
     direct, or with the consent of the head of such agency.
       (2) Separate account.--Funds allocated pursuant to this 
     subsection to any such agency may be established in separate 
     appropriation accounts on the books of the Treasury.
       (c) Reimbursement to Agencies.--
       (1) General.--In the case of any article, service, or 
     facility procured from any agency of the United States 
     Government to carry out any provision of this Act (except 
     with respect to assistance under sections 3103, 3204 and 
     7111, 7115(b)), reimbursement or payment shall be made to 
     such agency from funds available to carry out that provision.
       (2) Amount of reimbursement.--Such reimbursement or payment 
     shall be at--
       (A) replacement cost,
       (B) if required by law, actual cost,
       (C) in the case of defense articles procured from the 
     Department of Defense, value as defined in section 8551(20), 
     or, if required by law, actual costs,
       (D) in the case of services procured from the Department of 
     Defense, the amount of the additional costs incurred by the 
     Department of Defense in providing such services, or, if 
     required by law, actual costs, or
       (E) at any other cost agreed to by the owning or disposing 
     agency.
       (3) Crediting of reimbursement.--The amount of any such 
     reimbursement or payment shall either be credited to current 
     applicable appropriations, funds, or accounts of such agency, 
     to be available for the same purposes and for the same time 
     period as the appropriation, fund or account to which 
     transferred, or any such credited funds shall remain 
     available for such purposes until expended.
       (4) Limitation on department of defense drawdowns.--During 
     any fiscal year, the aggregate value of articles and services 
     of which the President may direct the drawdown from the 
     inventory and resources of the Department of Defense may not 
     exceed--
       (A) $50,000,000 under section 3103,
       (B) $15,000,000 under section 3204,
       (C) $75,000,000 under section 7111(b), and
       (D) $5,000,000 under section 7115(b).
       (d) Reimbursement to the Department of Defense.--
     Reimbursement or payment to the Department of Defense under 
     subsection (c) shall exclude salaries of members of the Armed 
     Forces (other than the Coast Guard) and unfunded estimated 
     costs of civilian retirement and other benefits, unless 
     otherwise required by law.
       (e) Establishment of Accounts.--
       (1) Authority to establish; uses.--In furnishing assistance 
     under this or any other 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--
       (A) 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 last 
     sentence of section 3727(b) and section 3727(c) of title 31, 
     United States Code, and the second and third paragraphs of 
     section 3737 of the Revised Statutes of the United States (41 
     U.S.C. 15); and
       (B) 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.
       (2) Accounting for expenditures.--Expenditure of funds 
     which have been made available through accounts established 
     under paragraph (1) shall be accounted for on standard 
     documentation required for expenditure of funds of the United 
     States Government.
       (f) Charging to Appropriations.--
       (1) Initial charging.--Any appropriation or account 
     available to carry out provisions of this Act 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 that title.
       (2) Final charging.--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, except that such final charges shall not be 
     required in the case of expenses (other than those provided 
     under sections 8509 and 8510) incurred in furnishing 
     assistance 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.
       (3) Application to programs administered through dod.--This 
     subsection shall not apply to assistance administered through 
     the Department of Defense under this Act.
       (g) Responsibility of Agencies.--The agency receiving the 
     funds pursuant to the authority of subsections (a) or (b) 
     shall be the agency responsible for the management and use of 
     such funds.

     SEC. 8202. GENERAL AUTHORITIES.

       (a) Terms of Assistance.--Except as otherwise specifically 
     prohibited in this Act, assistance under this Act may be 
     furnished on a grant, loan, or guaranty basis, or on such 
     terms, including cash, credit, or other terms or repayment 
     (including repayment in foreign currencies or by transfer to 
     the United States Government of articles), or as a 
     contribution to an international organization or arrangement, 
     as may be determined to be best suited to the achievement of 
     the purposes of this Act.
       (b) Terms and Conditions.--The President may furnish 
     assistance under this Act on such terms and conditions 
     (consistent with other provisions of law) as the President 
     deems appropriate, and, consistent with the provisions of 
     this Act, may charge such fees for guarantees and loans under 
     this Act as the President deems appropriate. Credit 
     assistance shall be consistent with the provisions of the 
     Federal Credit Reform Act of 1990. In the case of 
     contributions or other assistance provided for an 
     international organization or arrangement under this or any 
     other Act, such organization or arrangement may utilize its 
     own procurement, administrative, accounting, and audit rules 
     and procedures.
       (c) Advances Contracts, Etc.--In furtherance of the 
     purposes and subject to the limitations of this Act, the 
     President in providing assistance under this or any other Act 
     may make loans (in conformity with the provisions of the 
     Federal Credit Reform Act of 1990), advances, and grants to, 
     make and perform agreements and contracts with, or enter into 
     other transactions with, any person, corporation, or other 
     body of persons, any government or government agency, and any 
     international organization or arrangement.
       (d) Gifts.--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) Insurance.--
       (1) Foreign participants.--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 assistance administered by such agency while 
     such participants are absent from their homes for the 
     purpose of participation in such program.
       (2) Foregin employees.--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) Admission to United States.--Alien participants in any 
     program of furnishing 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 (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) Assistance Authorities.--In furnishing and 
     administering assistance under this Act, the President--
       (1) may issue letters of credit and letters of commitment;
       (2) may collect, compromise, reschedule or otherwise settle 
     any obligations assigned to, or held by, and any legal or 
     equitable rights accruing to, the President and may (as the 
     President deems appropriate) refer any such obligations or 
     rights to the Attorney General for suit or collection;
       (3) may--
       (A) acquire and dispose of (upon such terms and conditions 
     as the President deems appropriate) any property, including 
     any instrument evidencing indebtedness or ownership, and
       (B) guarantee payment against any such instrument;
       (4) may establish the character of, and decide the 
     necessity for, obligations and expenditures of funds used in 
     furnishing and administering such assistance and the manner 
     in which such obligations and expenditures shall be incurred, 
     allowed, and paid, subject to provisions of law specifically 
     applicable to corporations of the United States Government;
       (5) shall cause to be maintained an integral set of 
     accounts which shall be audited by the General Accounting 
     Office in accordance with principles and procedures 
     applicable to commercial corporate transactions as provided 
     by chapter 91 of title 31, United States Code;
       (6) may transfer such of the funds appropriated or 
     otherwise made available under titles II and III of this Act 
     as the President may determine for assistance to a recipient 
     country 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 made available on a nonrepayable basis and 
     transferred under his paragraph, from funds made available 
     under the former authority of section 503(a)(3) of the 
     Foreign Assistance Act of 1961, or from funds made available 
     on a non-repayable basis under the former authority of 
     section 23 of the Arms Export Control Act shall be priced to 
     exclude the costs of salaries of members of the Armed Forces 
     of the United States (other than the Coast Guard).
       (h) Guarantees.--Guarantees issued to carry out the 
     purposes of this Act shall be subject to the following:
       (1) Full faith and credit.--The full faith and credit of 
     the United States may be pledged for the full payment and 
     performance of guarantees issued under this Act or 
     predecessor legislation.
       (2) Charges.--The President may charge appropriate fees 
     and/or interest in connection with the activities carried out 
     under such authority.
       (3) Relationship to other provisions of law.--Guarantees 
     may be provided under this Act without regard to section 8402 
     of this Act.
       (4) Denomination of liability.--The losses guaranteed may 
     be in dollars or in other currencies. In the case of losses 
     guaranteed in currencies other than dollars, the guarantees 
     issued shall be subject to an overall payment limitation 
     expressed in dollars.
       (i) Subsidy Cost of Guarantees and Loans.--The President 
     may use funds made available under this Act to pay the cost 
     (as defined in section 13201 of the Budget Enforcement Act of 
     1990) of direct loans and loan guarantees made or entered 
     into (and associated administrative costs) in furtherance of 
     the purposes of this Act. Funds appropriated to pay the cost 
     (as defined in section 13201 of the Budget Enforcement Act of 
     1990) of direct loans and loan guarantees made or entered 
     into to carry out the provisions of this Act shall be 
     provided in conformity with section 504(b)(1) of the Federal 
     Credit Reform Act of 1990.
       (j) Claims Relating to Guarantees.--Claims arising as a 
     result of any guarantee program authorized by this Act 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.
       (k) Financial Transactions With Foreign Governments in 
     Default of Obligations to the United States.--Section 955 of 
     title 18, United States Code, shall not apply to any person--
       (1) who acts for or participates in any operation or 
     transaction arising under this Act, or
       (2) who acquires any obligation issued in connection with 
     any operation or transaction arising under this Act.
       (l) Educational Institutions.--Any cost-type contract or 
     agreement (including grants) entered into with an institution 
     of higher education for the purpose of carrying out programs 
     authorized by this Act may provide for the payment of the 
     reimbursable indirect costs of that institution on the basis 
     of predetermined fixed-percentage rates applied to the total 
     or an element thereof, of the reimbursable direct costs 
     incurred.
       (m) Training Working Capital Fund.--The head of any agency 
     administering assistance under this Act is authorized to 
     establish, with funds made available for assistance under 
     this Act (or predecessor legislation) administered by such 
     agency, a working capital fund, which shall be available 
     without fiscal year limitation, for expenses and equipment 
     necessary to the maintenance and operation of a program of 
     providing short-term and long-term training and training-
     related services of foreign nationals in the United States or 
     third countries, including such expenses as (1) tuition and 
     fees, (2) room, board, and maintenance allowances, and (3) 
     contracts and the cost of administering contracts entered 
     into in furtherance of the program.
       (n) Multiyear Commitments.--A contract or agreement which 
     entails commitments for the expenditure of funds under this 
     Act may, subject to any future action of the Congress, extend 
     at any time for not more than 5 years.

     SEC. 8203. AUTHORIZED ADMINISTRATIVE USES OF FUNDS.

       (a) Personnel, Printing, Procurement of Supplies, and Other 
     Administrative Expenses.--Funds made available to carry out 
     this Act may be used for the following:
       (1) Compensation, allowances, and travel of personnel, 
     including Foreign Service personnel, whose services are 
     utilized primarily for the purposes of this Act and for other 
     administrative and operating expense 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.
       (2) Printing and binding without regard to the provisions 
     of any other law.
       (3) 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 the Claims Act, 
     31 U.S.C. 3721 and such laws and regulations governing the 
     obligation and expenditure of funds of the United States 
     Government (other than sections 1341, 1342, and 1517 of title 
     31, United States Code) as may be necessary to accomplish the 
     purposes of this Act.
       (b) Uses of Assistance Funds.--
       (1) Authorized uses.--Funds described in paragraph (2) 
     shall be available for the following:
       (A) Expenses of attendance at meetings concerned with the 
     purposes of this Act, including (notwithstanding section 
     1346(a) and 1346(c) of title 31, United States Code), 
     expenses in connection with meetings of persons whose 
     employment is authorized by section 8503.
       (B) Contracting with individuals for personal services. 
     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, except 
     that the head of the contracting agency may determine the 
     applicability to such individuals of any other law 
     administered by such agency concerning the employment of such 
     individuals.
       (C) Purchase, maintenance, operation, and hire of aircraft, 
     except that aircraft for administrative purposes may be 
     purchased only as specifically provided for in an 
     appropriation or other Act.
       (D)(i) Purchase and hire of passenger motor vehicles, 
     subject to clause (ii).
       (ii) Passenger motor vehicles other than one for the 
     official use of the Administrator of the United States Agency 
     for International Development may be purchased for use in the 
     United States only as may be specifically provided in an 
     appropriation or other Act.
       (E) Entertainment and representation.
       (F) Awards.
       (G) Exchange of funds without regard to loss by exchange.
       (H) 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. A certificate of the amount of such 
     expenditure, the nature of which it is considered inadvisable 
     to specify, shall be made by the President, and every such 
     certificate shall be deemed a sufficient voucher for the 
     amount therein specified.
       (I) Insurance of official motor vehicles or aircraft 
     acquired for use in foreign countries.
       (J) Expenses of--
       (i) preparing and transporting to their former homes (or 
     with respect to foreign participants engaged in any program 
     under this Act to their former homes or places of burial), 
     and
       (ii) caring for and disposing of the remains of an 
     individual, or the remains of a member of an individual's 
     family, who may die while such individual is away from home 
     participating in activities carried out with funds described 
     in paragraph (2).
       (K) Purchase of uniforms.
       (L) Payment of per diem in lieu of subsistence to foreign 
     participants engaged in any program under this Act 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.
       (M) Use in accordance with authorities of the Foreign 
     Service Act of 1980 (22 U.S.C. 3901 et seq.) not otherwise 
     provided for.
       (N) Ice and drinking water for use outside the Unite 
     States.
       (O) Services of commissioned officers of the National 
     Oceanic and Atmospheric Administration. For the purposes of 
     providing such services the National Oceanic and Atmospheric 
     Administration may appoint not to exceed 20 commissioned 
     officers in addition to those otherwise authorized.
       (P) Expenses in connection with--
       (i) travel of personnel outside the United States, 
     including travel expenses of dependents (including expenses 
     during necessary stopovers while engaged in such travel), and 
     the 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
       (ii) the costs of transporting automobiles to and from a 
     place of storage, and the costs of storing automobiles of 
     such personnel, when it is in the public interest or more 
     economical to authorize storage.
       (Q) Assistance for the implementation of programs under the 
     Agricultural Trade Development and Assistance Act of 1954, 
     the Agricultural Act of 1949, and the Food for Progress Act 
     of 1985.
       (R) Other expenses determined by the President to be 
     necessary to carry out the purposes of this Act.
       (2) Funds which may be used.--Paragraph (1) applies
       (A) appropriations to carry out this Act,
       (B) allocations or transfers to or from agency of the 
     United States Government, from other appropriations, for 
     functions directly related to the purposes of this Act, and
       (C) funds made available for other purposes to the United 
     States Agency for International Development.
       (c) Facilities.--
       (1) Living quarters, offices, schools, and hospitals.--
     Notwithstanding any other provision of law, funds available 
     for assistance under this Act may be used in any fiscal year 
     (in addition to funds available for such use under other 
     authorities in this Act)--
       (A) to rent, lease, construct or otherwise acquire 
     essential living quarters, office space, and necessary 
     supporting facilities for use of personnel carrying out 
     activities authorized by this Act, including to maintain, 
     furnish, improve, and make necessary repairs to such 
     property, which may also include the cost of fuel, water, and 
     utilities for such properties;
       (B) to construct or otherwise acquire outside the United 
     States 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; and
       (C) to staff, operate, and maintain such schools and 
     hospitals.
       (2) Disposal.--Property acquired under this subsection (or 
     predecessor provisions of this Act) may be disposed of, and 
     the proceeds of such disposal shall remain available until 
     expended for use for the purposes specified in paragraph (1).
       (d) Education of Dependents.--Funds available for 
     assistance under this Act may be used in any fiscal year to 
     provide assistance 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.
       (e) Training of Personnel.--
       (1) Payment of costs.--Funds available under this Act may 
     be used to pay costs of training United States citizen 
     personnel employed or assigned pursuant to section 8502(d), 
     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.
       (2) Limitation on dual employment.--Such training shall not 
     be considered employment or holding of office under section 
     5533 of title 5, United States Code.
       (3) Acceptance of certain payments.--Any payments or 
     contributions in connection with such training 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. Any such payments or 
     contributions to any employee in the nature of compensation 
     shall be in lieu, or in reduction, of compensation received 
     from the United States Government.

     Subchapter B--Department of Defense Administrative Authorities

     SEC. 8211. ADMINISTRATIVE EXPENSES.

       Funds allocated to the Department of Defense for the 
     purpose of providing assistance under this Act shall be 
     available for the following:
       (1) Administrative, extraordinary (not to exceed $300,000 
     in any fiscal year), and operating expenses incurred in 
     furnishing assistance under this Act administered through the 
     Department of Defense, including the purchase of passenger 
     motor vehicles for replacement only for use outside of the 
     United States.
       (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, in accordance with the provisions of section 5702 
     of title 5, United States Code, applicable to civilian 
     officers and employees.
       (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 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.

     SEC. 8212. END USE AND RETRANSFER ASSURANCES.

       (a) Conditions.--Defense articles or defense services may 
     not be made available under this Act to a foreign country, 
     unless that country has agreed to the following (in addition 
     to such other provisions as the President may require):
       (1) The country will not, without the consent of the 
     President--
       (A) transfer title to, or possession of, any defense 
     articles or defense services so furnished to it to anyone not 
     an officer, employee, or agent of that country,
       (B) use or permit the use of such articles or services for 
     purposes other than those for which furnished.
       (2) The country will maintain the security of such articles 
     or services, and will provide substantially the same degree 
     of security protection afforded to such articles or services 
     by the United States Government.
       (b) Ineligibility.--
       (1) Termination of assistance for substantial violations.--
     Assistance administered by the Department of Defense under 
     this Act to any country and deliveries of defense articles 
     and defense services provided with such assistance shall be 
     terminated, and new commitments to provide such assistance to 
     that country shall not be made, as hereinafter provided if 
     such country uses defense articles or defense services 
     described in paragraph (2) 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 pursuant to which those defense articles or defense 
     services were furnished--
       (A) by using such articles or services for a purpose not 
     provided for in this Act or, if such agreement provides that 
     such articles or services may only be used for purposes more 
     limited, 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; 
     or
       (C) by failing to maintain the security of such articles or 
     services.
       (2) Defense articles and defense services subject to 
     requirements.--Paragraph (1) applies with respect to any 
     defense articles or defense services furnished (through 
     financing or otherwise) under this Act, or furnished under 
     any predecessor foreign assistance legislation.
       (c) Exception.--No prior consent shall be required under 
     this subchapter and section 3 of the Arms Export Control Act 
     for transfer by a foreign country of defense articles sold by 
     the United States under that Act under the following 
     circumstances:
       (1) such articles constitute components incorporated into a 
     foreign defense article;
       (2) the recipient is the government of a NATO country, or 
     the government of Australia or Japan;
       (3) the United States-origin components were not 
     significant military equipment, were not military defense 
     equipment for which notification to Congress was required by 
     section 36(b) of the Arms export Control Act, and are not 
     identified by regulation as Missile Technology Control Regime 
     items; and
       (4) the foreign country or persons transferring the items 
     provide notification to the United States Government within 
     thirty days following such transfer.

     SEC. 8213. APPROVAL OF THIRD COUNTRY TRANSFERS.

       (a) In General.--In considering a request for approval of 
     any transfer of any weapon, weapons system, munitions, 
     aircraft, military vessel, or other implement of war to 
     another country, the President shall not give his consent 
     under section 8212 to the transfer unless the United States 
     itself would transfer the defense article under consideration 
     to that country.
       (b) Significant Military Equipment.--In addition, the 
     President shall not give consent under this subchapter to the 
     transfer of any significant military equipment on the United 
     States Munitions List unless the foreign country requesting 
     consent to transfer agrees to demilitarize such equipment 
     prior to transfer, or the proposed recipient provides a 
     commitment in writing to the United States Government that it 
     will not transfer such equipment if not demilitarized to any 
     other foreign country or person without first obtaining the 
     consent of the President.

     SEC. 8214. EXCHANGE TRAINING.

       The President is authorized to provide for attendance of 
     foreign military personnel at professional military education 
     institutions in the United States (other than service 
     academies) without charge, and without charge to funds 
     available to carry out titles II and III notwithstanding 
     section 8201, if such attendance is pursuant to an agreement 
     providing for the exchange of students on a generally 
     reciprocal basis each fiscal year between those United States 
     professional military education institutions and comparable 
     institutions of foreign countries and international 
     organizations.

      Chapter 3--Special Requirements and Authorities Relating to 
                  Appropriations and Local Currencies

          Subchapter A--Provisions Relating to Appropriations

     SEC. 8301. REQUIREMENT FOR AUTHORIZATION OF APPROPRIATIONS.

       (a) Requirement for Authorization.--Funds appropriated for 
     foreign assistance under this Act shall not be available for 
     obligation or expenditure--
       (1) unless the appropriation thereof has been specifically 
     authorized by law; or
       (2) in excess of an amount prescribed by law.
       (b) Subsequent Authorizations.--To the extent that 
     legislation enacted after the making of an appropriation for 
     foreign assistance under this Act authorizes the obligation 
     or expenditure thereof, the limitation contained in 
     subsection (a) shall not apply.
       (c) Relation to Other Provisions.--The provisions of this 
     section shall not be superseded except by a provision of law 
     that specifically repeals or modifies the provisions of this 
     section.

     SEC. 8302. AUTHORITY FOR EXTENDED PERIOD OF AVAILABILITY OF 
                   APPROPRIATIONS.

       Amounts appropriated to carry out this Act are authorized--
       (1) to be made available, in appropriations Acts, until 
     expended; and
       (2) in addition to amounts otherwise available for such 
     purposes.

     SEC. 8303. REDUCTION IN EARMARKS.

       (a) Proportional Reductions.--If--
       (1) the amount appropriated for a fiscal period to carry 
     out any provision of this Act is less than the amount 
     authorized to be appropriated to carry out such provision, 
     and
       (2) the provision or provisions authorizing such 
     appropriations provides that a specified amount of the amount 
     authorized to be appropriated to carry out that provision for 
     that fiscal period shall be available only for a particular 
     country, organization, or purpose.

     then the amount so specified shall be deemed to be reduced to 
     the amount which bears the same ratio to the specified amount 
     as the amount appropriated bears to the amount authorized to 
     be appropriated.
       (b)(1) Funds may be made available notwithstanding any 
     provision of law described in paragraph (2) if--
       (A) compliance with such provision is made impossible by 
     operation of law, or
       (B) the President determines that the country or 
     organization for whom such funds would have been made 
     available has significantly reduced its military, political, 
     or economic cooperation with the United States during the 
     preceding 12-month period.
       (2) The provisions of law to which this subsection applies 
     are any provisions requiring that a specified amount of funds 
     appropriated to carry out any provision of this Act shall be 
     available only for a particular country, organization, or 
     purpose.

     SEC. 8304. OBLIGATION UPON APPORTIONMENT.

       Funds appropriated to carry out this Act may be obligated 
     upon apportionment in accordance with title 31, section 
     1501(a)(5)(C), United States Code.

                     Subchapter B--Local Currencies

     SEC. 8311. USE OF CERTAIN FOREIGN CURRENCIES.

       (a) Authority To Use Foreign Currencies for Assistance 
     Programs.--Except as otherwise provided in this Act or other 
     provisions of law, foreign currencies described in subsection 
     (b) are authorized to be appropriated for use in providing 
     assistance under this Act.
       (b) Foreign Currencies Which May Be Used for Assistance.--
     The foreign currencies which may be used under subsection (a) 
     are any foreign currencies received as a result of the 
     furnishing of assistance under this Act (or any predecessor 
     legislation authorizing nonmilitary assistance) other than 
     assistance administered through the Department of Defense 
     which are in excess of--
       (1) 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; and
       (2) the amounts required for payment by the agencies of the 
     United States Government of their obligations outside the 
     United States, as such requirements may be established from 
     time to time by the President.
       (c) Payment of Obligations of Government Agencies.--Foreign 
     currencies described in subsection (b) which are in excess of 
     the amounts described in paragraph (1) of that subsection 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.
       (d) Use of Foreign Currencies Not Owned by the United 
     States Government.--With the concurrence of the relevant 
     inspector general, the use of foreign currencies that accrue 
     or are otherwise available as a result of assistance provided 
     under this Act (including predecessor legislation) that are 
     not owned by the United States Government, shall be the 
     responsibility of the government owning such currencies to 
     audit.

     SEC. 8312. INTEREST ON U.S. OWNED FOREIGN CURRENCY PROCEEDS.

       (a) Requirement for Payment of Interest.--In cases where 
     assistance is to be furnished to any recipient country under 
     this Act on a basis which will result in the accrual of 
     foreign currency proceeds to the United States, agreements 
     with respect to such assistance should include provisions for 
     the receipt of interest income on the foreign currency 
     proceeds deposited in authorized depositories.
       (b) Waiver of Requirement.--The President may waive any 
     requirement for receipt of such income if the President 
     decides it would not be in the national interest to conclude 
     arrangements for the receipt of interest income pursuant to 
     subsection (a).

           Chapter 4--Procurement and Disposition of Articles

     SEC. 8401. USE OF PRIVATE ENTERPRISE.

       (a) In General.--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) to the maximum extent practicable carry out programs of 
     assistance through private channels and, to the extent 
     practicable, in conjunction with local private or 
     governmental participation;
       (2) utilize wherever practicable the products and services 
     of United States private enterprise to provide the necessary 
     equipment, supplies, and skills to develop and operate a 
     specific project or program of assistance in a developing 
     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.
       (b) Technical Assistance.--In providing technical 
     assistance under this Act, the President 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, engineering, 
     surveying, mapping, construction or agriculture, the 
     facilities and resources of Federal agencies, which do not 
     administer programs under this Act, may 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.
       (c) Assistance Provided Through the Department of 
     Defense.--The President shall assure that there is made 
     available to suppliers in the United States, and particularly 
     to small independent enterprises, information with respect to 
     purchases of defense articles and defense services made by 
     the Department of Defense pursuant to this Act. Such 
     information shall be furnished as far in advance as possible.

     SEC. 8402. PROCUREMENT STANDARDS AND PROCEDURES.

       (a)(1) Limitations on Procurement Outside the United 
     States.--Funds made available for programs under this Act may 
     be used by the President for procurement--
       (A) only in the United States, the recipient country, or 
     developing countries; or
       (B) in any other country but only if)
       (i) such program requires articles 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) Bulk Commodities.--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) Procurement Method for Institutions of Higher 
     Education.--The President may establish separate procurement 
     standards and procedures for projects under this Act to limit 
     competition to a selection among institutions of higher 
     education when the projects would benefit substantially from 
     the resources and special capabilities of such institutions.

     SEC. 8403. SHIPPING ON UNITED STATES VESSELS.

       (a) Certain Laws Not Applicable.--The ocean transportation 
     between foreign countries of articles purchased with foreign 
     currencies made available or derived from funds made 
     available under this Act or the Agricultural Trade 
     Development and Assistance Act of 1954 (7 U.S.C. 1691 and 
     following), or any predecessor Acts, and transfers a fresh 
     fruit and fresh fruit products under this Act, shall not be 
     governed by section 901(b) of the Merchant Marine Act, 1936 
     (46 U.S.C. app. 1241(b)), or any other law relating to the 
     ocean transportation of commodities on United States flag 
     vessels.
       (b) Shipping Differential.--For purposes of facilitating 
     implementation of section 901(b) of the Merchant Marine Act, 
     1936 (46 U.S.C. app. 1241(b)), funds made available for 
     commodities and services under this Act may be used to make 
     grants to recipients or otherwise pay all or any portion of 
     such differential as is determined by the Secretary of 
     Transportation 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.

     SEC. 8404. EXCESS AND OTHER AVAILABLE PROPERTY.

       (a) Policy Regarding Use of Excess and Other Available 
     Property.--In furnishing assistance under this Act--
       (1) excess personal property, or
       (2) if a substantial savings would occur, other property 
     already owned by an agency of the United States Government,

     may be utilized wherever practicable in lieu of or 
     supplementary to the procurement of new items for United 
     States-assisted projects and programs.
       (b) Authority To Use Certain Property for Assistance 
     Purposes.--The President is authorized to use funds made 
     available under this Act to acquire--
       (1) property classified as domestic or foreign excess 
     pursuant to the Federal Property and Administrative Services 
     Act of 1949 (40 U.S.C. 471 and following);
       (2) any property available from an agency of the United 
     States Government; or
       (3) other property,

     for use of such property as assistance in furtherance of the 
     purposes of this Act. Property acquired pursuant to this 
     section may be furnished pursuant to any provision of this 
     Act for which funds are authorized for the furnishing of 
     assistance.
       (c)(1) The President is also authorized for purposes 
     described in subsection (b) to maintain in a separate account 
     funds made available under this Act, free from fiscal year 
     limitations (notwithstanding section 1535(d) of title 31, 
     United States Code) to pay costs (including personnel costs) 
     of acquisition and storage (including in advance of known 
     requirements), renovation and rehabilitation, packing, 
     crating, handling, transportation, and related costs of 
     handling and providing such property as assistance.
       (2) The separate account established pursuant to this 
     section may be repaid--
       (A) from funds made available pursuant to any provision of 
     this Act for which funds are authorized for the furnishing of 
     assistance for all costs incurred; or
       (B) pursuant to section 7110 for all costs incurred.
       (d) Conditions on Use of Excess Property.--
       (1) Limitation.--Government-owned excess property may not 
     be made available for use under this Act unless approval is 
     given and a determination is made in accordance with 
     paragraph (2)--
       (A) before the shipment of such property for use in a 
     specified country, or
       (B) if the property is already in such country, before the 
     transfer of the property.
       (2) Determination.--A shipment or transfer subject to 
     paragraph (1) may take place only after the President 
     approves the shipment or transfer and makes a written 
     determination--
       (A) that there is a need for such property in the quantity 
     requested and that such property is suitable for the purpose 
     requested;
       (B) as to the status and responsibility of the designated 
     end-user and his ability effectively to use and maintain such 
     property; and
       (C) 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.
       (e) This section shall not apply--
       (1) in the case of excess property of the Department of 
     Defense that is furnished as assistance under section 8405 of 
     this Act; and
       (2) in the case of funds made available for assistance 
     under this Act that is administered through the Department of 
     Defense.

     SEC. 8405. GRANT TRANSFERS OF EXCESS DEFENSE ARTICLES.

       (a) Authority.--Notwithstanding any other provision of law, 
     the President may transfer excess defense articles to 
     countries for which receipt of such articles was separately 
     justified in the fiscal year in which the transfer is 
     authorized, such excess defense articles as may be necessary 
     to carry out the purposes of titles II or III of this Act.
       (b) Generally Applicable Provisions.--
       Definition.--For purposes of this section, excess property 
     of the Coast Guard may be transferred on the same basis as 
     excess defense articles otherwise authorized to be 
     transferred by this section.
       (2) Terms of transfers.--Excess defense articles may be 
     transferred under section without cost to the recipient 
     country or international organization.
       (3) Limitations on transfers.--The President may transfer 
     excess defense articles under this section only if--
       (A) they are drawn from existing stocks of the Department 
     of Defense (or the Coast Guard);
       (B) funds available to the Department of Defense (or the 
     Coast Guard) for the procurement of defense equipment are not 
     expended in connection with the transfer;
       (C) the transfer of the excess defense articles will not 
     have an adverse impact on the military readiness of the 
     United States; and
       (D) transferring the articles under the authority of those 
     sections is preferable to selling them, 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 either a 
     transfer or sale.
       (4) Advance notification to congress.--The President may 
     not transfer excess defense articles that are significant 
     military equipment or an article valued (in terms of its 
     original acquisition cost) at $7,000,000 or more under this 
     section until 15 days after the President has provided notice 
     of the proposed transfer to the Committee on Armed Services, 
     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.
       (5) Waiver of requirement for reimbursement of department 
     of defense expenses.--Section 8201 shall not apply with 
     respect to transfers of excess defense articles under this 
     section.
       (6) Transportation and related costs.--Funds available to 
     the Department of Defense (or the Coast Guard) shall not be 
     expended for crating, packing, handling and transportation of 
     excess defense articles transferred under the authority of 
     this section, except under the following conditions:
       (A) where it is determined that it is in the United States 
     national interest to do so,
       (B) the recipient is an international organization or is a 
     developing country receiving less than $10,000,000 of 
     assistance described in subparagraphs (A) and (B) of section 
     8551(21) of this Act in the fiscal year in which the 
     transportation is provided,
       (C) the total weight of the transfer does not exceed 25,000 
     pounds,
       (D) such overseas transportation is accomplished on a space 
     available basis, and
       (E) the recipient agrees to pay packing, crating, and other 
     handling costs incurred as a result of the transfer.

     SEC. 8406. STOCKPILING OF DEFENSE ARTICLES FOR FOREIGN 
                   COUNTRIES.

       (a) Removal From Stockpiling.--Defense articles in the 
     inventory of the Department of Defense which are set aside, 
     reserved, or in any way earmarked or intended for future use 
     by any foreign country may not be made available to or for 
     use by any foreign country unless--
       (1) such transfer is authorized under this Act or the Arms 
     Export Control Act; and
       (2) the value of such transfer is charged against funds 
     authorized to carry out the provisions of this Act or against 
     any limitations specified in such legislation, as 
     appropriate, for the fiscal period in which the defense 
     articles are transferred.
       (b) Value.--
       (1) Definition.--For purposes of subsection (a), `value' 
     means acquisition cost plus crating, packing, handling, and 
     transportation costs incurred in carrying out this section.
       (2) Limitation.--A defense article transferred from any 
     stockpile which is made available to or for use by any 
     foreign country may not be considered an excess defense 
     article for the purpose of determining the value of that 
     defense article.

     SEC. 8407. LOCATION OF STOCKPILES.

       Except for stockpiles located in the Republic of Korea, 
     Thailand, a country which is a member of the North Atlantic 
     Treaty Organization, a country which is a major non-NATO 
     ally, or such other countries as the President may designate, 
     no stockpile may be located outside the boundaries of a 
     United States military base or a military base used primarily 
     by the United States.

     SEC. 8408. ADDITIONS TO WAR RESERVE STOCKS.

       (a) Limitation.--The value of defense articles to be added 
     to those 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) in stockpiles located in foreign countries may 
     not exceed in any fiscal year an amount specified in 
     legislation authorizing military assistance programs for that 
     fiscal year.
       (b) Authorization of Additions.--The value of such 
     additions to stockpiles in foreign countries shall not exceed 
     such sums as may be authorized for a fiscal year.

     SEC. 8409. RETENTION AND USE OF CERTAIN ITEMS AND FUNDS.

       (a) Retention and Use of Certain Articles.--
       (1) Authority to retain, transfer, and use.--Any 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 deems 
     appropriate 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.
       (2) Laws governing disposal of government property.--Any 
     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 articles or to conserve their 
     usefulness.
       (3) Proceeds credited to appropriations.--Funds realized 
     from any disposal or transfer shall revert to the respective 
     appropriation, fund, or account used to procure such articles 
     or to the appropriation, fund, or account currently available 
     for the same general purpose.
       (b) Articles Received as Payment.--Whenever articles are 
     transferred to the United States Government as repayment of 
     assistance under this Act or the former authority of the 
     Foreign Assistance Act, such articles may be used in 
     furtherance of the purposes and within the limitations of 
     this Act.
       (c) Failed Transactions.--Funds realized as a result of any 
     failure of a transaction financed under this Act to conform 
     to the requirements of this Act, to applicable rules and 
     regulations of the United States Government, or to the terms 
     of any agreement or contract entered into under 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.
       (d) Disposal of Defense Articles.--Funds realized by the 
     United States Government from the sale, transfer, or disposal 
     of defense articles furnished under the former authority of 
     chapter 2 of part II of the Foreign Assistance Act of 1961, 
     and no longer needed for the purposes for which furnished, 
     shall be credited to the respective appropriation, fund, or 
     account currently available for the same general purpose.

            Chapter 5--Personnel and Administrative Expenses

                         Subchapter A--General

     SEC. 8501. STATUTORY OFFICERS IN THE UNITED STATES AGENCY FOR 
                   INTERNATIONAL DEVELOPMENT.

       (a) Appointment.--The President may appoint, by and with 
     the advice and consent of the Senate, 12 officers in the 
     United States Agency for International Development.
       (b) Title.--The President may designate the title of any 
     officer appointed under subsection (a).
       (c) Order of Succession.--The President may also fix the 
     order of succession among the officers appointed under 
     subsection (a) of this section in the event of the absence, 
     death, resignation, or disability of one or more of those 
     officers.

     SEC. 8502. EMPLOYMENT OF PERSONNEL.

       (a) Authority.--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.
       (b) Assistance Functions in the United States.--
       (1) Appointments without regard to certain civil service 
     laws.--Of the personnel employed in the United States by the 
     United States Agency for International Development, 110 may 
     be appointed or removed 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, subject to paragraph (2) of this subsection.
       (2) Compensation.--Of the personnel appointed under 
     paragraph (1), 51 may be compensated at rates higher than 
     those payable for GS-15 of the General Schedule under section 
     5332 of title 5, United States Code, but not in excess of the 
     highest rate payable under section 5376 of such title.
       (3) Reinstatement rights.--Under such regulations as the 
     President may prescribe, any individual employed under 
     paragraph (1) 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 or comparable 
     grade and pay.
       (c) Department of Defense Functions in the United States.--
     Of the personnel employed in the United States by the 
     Department of Defense to carry out this Act or the Arms 
     Export Control Act not to exceed 8 may be compensated at 
     rates higher than those payable for GS-15 of the General 
     Schedule under section 5332 of title 5 of the United States 
     Code, but not in excess of the highest rate payable under 
     section 5376 of such title. 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, United States Code.
       (d) Performance of Functions Outside the United States.--
       (1) Authority to employ or assign.--For the purpose of 
     performing functions under this Act outside the United 
     States, the President may--
       (A) employ or assign individuals, or
       (B) 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.
       (2) Compensation.--Individuals employed or assigned under 
     paragraph (1) 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.
       (3) Reemployment rights.--Individuals so employed or 
     assigned shall be entitled to the same benefits as are 
     provided by section 310 of that Act for individuals appointed 
     to the Foreign Service, except to the extent that the 
     President may specify otherwise in cases in which the period 
     of employment or assignment exceeds 30 months.
       (e) Certain Funds Deemed Obligated for Certain Services.--
     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 for personnel employed by agencies of the United 
     States Government (other than the United States Agency for 
     International Development or the Department of Defense) as 
     well as personnel not employed by the United States 
     Government.

     SEC. 8503. EXPERTS, CONSULTANTS, AND RETIRED OFFICERS.

       (a) Authority To Employ.--Experts and consultants or 
     organizations thereof may, in accordance with section 3109 of 
     title 5 of the United States Code, be employed for the 
     performance of functions under this Act.
       (b) Mandatory Retirement Age Not Applicable.--Service of an 
     individual as an expert or consultant under subsection (a) of 
     this section shall not be considered as employment or holding 
     of office or position bringing such individual within the 
     provisions of section 3323(a) of title 5 of the United States 
     Code.
       (c) Employment of Certain Persons Without Compensation.--
     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 (50 U.S.C. App. 2160(b)), and 
     regulations issued thereunder.

     SEC. 8504. DETAIL OF PERSONNEL TO FOREIGN GOVERNMENTS AND 
                   INTERNATIONAL ORGANIZATIONS.

       (a) Details to Foreign Governments.--When 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 any officer or employee of that 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 or allegiance to another 
     government or acceptance of compensation or other benefits 
     from any foreign country by such officer or employee.
       (b) Details to International Organizations.--When 
     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 to any international organization or 
     arrangement, any officer or employee of that agency to 
     service 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.
       (c) Status of Personnel Detailed.--
       (1) Retention of benefits.--Any officer or employee, while 
     detailed under this section--
       (A) shall be considered an officer or employee of the 
     United States Government and of the agency of the United 
     States Government from which detailed for the purpose of 
     preserving his or her allowances, privileges, rights, 
     seniority, and other benefits as such; and
       (B) shall continue to receive compensation, allowances, and 
     benefits from funds appropriated to that agency or made 
     available to that agency under this Act, or may be detailed 
     on a leave without pay status.
       (2) Allowance.--Any officer or employee assigned, detailed, 
     or appointed under this section, section 8503, section 8505, 
     or section 8506 may 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. The authorization of such allowances and other 
     benefits and the payment thereof out of any appropriations 
     available therefore shall be considered as meeting all the 
     requirements of section 5536 of title 5, United States Code.
       (d) Terms of Detail.--Details may be made under this 
     section or section 408 of the Mutual Security Act of 1954 in 
     accordance with any of the following paragraphs:
       (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, and 
     allowances, or any part thereof, payable to the officer or 
     employee concerned during the period of detail. Such 
     reimbursements (including foreign currencies) shall be 
     credited to the appropriation, fund, or account utilized for 
     paying such compensation, travel expenses, benefits, or 
     allowances, or to the appropriation, fund, or account 
     currently available for such purposes;
       (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. 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, such credit to be based upon the compensation, 
     travel expenses, benefits and allowances, or any part 
     thereof, payable to such officer or employee during the 
     period of detail in accordance with subsection (c).

     SEC. 8505. HEAD OF OFFICES ABROAD.

       (a) Appointment.--The President may appoint a head and 
     deputy head of each office or staff maintained under section 
     8106.
       (b) Compensation and Allowances.--Such head 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 deems 
     appropriate.

     SEC. 8506. CHAIRMAN OF OECD DEVELOPMENT ASSISTANCE COMMITTEE.

       (a) Appointment.--The President may--
       (1) appoint any United States citizen who is not an 
     employee of the United States Government, or
       (2) assign any United States citizens who is an employee of 
     the United States Government, to serve as Chairman of the 
     Development Assistance Committee (or any successor committee) 
     of the Organization for Economic Cooperation and Development, 
     upon election thereto by members of that Committee.
       (b) Compensation and Allowances.--An individual appointed 
     or assigned under subsection (a) 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 deems appropriate. Such individual, if 
     appointed under subsection (a)(1), shall be deemed to be an 
     employee of the United States Government for purposes of 
     chapters 81, 83, 84, 87, and 89 of title 5, United States 
     Code. Such individual may also, in the President's 
     discretion, receive any other benefits and perquisites 
     available under this Act to heads of offices or staffs 
     maintained under section 8106.

     SEC. 8507. ASSIGNMENT OF DOD PERSONNEL TO CIVIL OFFICES.

       Nothwithstanding section 973(b) of title 10 United States 
     Code, personnel of the Department of Defense may be assigned 
     or detailed to any civil office to carry out this Act.

     SEC. 8508. DISCRIMINATION AGAINST UNITED STATES PERSONNEL 
                   PROVIDING ASSISTANCE.

       It is the Sense of the Congress that--
       (1) the assignment of officers and employees of the United 
     States to carry out any assistance program funded under this 
     Act in any foreign country, should not take into account the 
     race, religion, national origin, or sex of any such officer 
     or employee, and such assignments should be made solely on 
     the basis of ability and relevant experience.
       (2) assistance under this Act should not 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) from participating in the 
     furnishing of assistance under this Act on the basis of race, 
     religion, national origin, or sex.

     SEC. 8509. AVAILABILITY OF FUNDS FOR OPERATING EXPENSES 
                   GENERALLY.

       (a) In General.--Funds shall be available to carry out the 
     provisions of this section as authorized and appropriated to 
     the President each fiscal year.
       (b) Additional Amounts.--There are authorized to be 
     appropriated to the President such additional 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.

     SEC. 8510. AVAILABILITY OF FUNDS FOR OPERATING EXPENSES OF 
                   THE INSPECTOR GENERAL.

       (a) In General.--Funds shall be available to carry out the 
     provisions of this section as authorized and appropriated to 
     the President each fiscal year.
       (b) Additional Amounts.--There are authorized to be 
     appropriated to the President such additional 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 office.

     SEC. 8511. AVAILABILITY OF FUNDS.

       Notwithstanding any other provision of law, the United 
     States Agency for International Development may obligate and 
     expend funds in advance of appropriations in an amount 
     sufficient to maintain operations at posts abroad for up to 
     three days.

  Subchapter B--Overseas Management of Assistance and Sales Programs 
             Administered Through the Department of Defense

     SEC. 8521. AUTHORIZED FUNCTIONS.

       (a) In General.--In order to carry out responsibilities for 
     the management of assistance and sales programs administered 
     through the Department of Defense under this Act and under 
     the Arms Export Control Act, the President may assign members 
     of the Armed Forces to a foreign country to perform one or 
     more of the following functions:
       (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.
       (7) Liaison functions exclusive of advisory and training 
     assistance.
       (b) Advisory and Training Assistance.--Advisory and 
     training assistance conducted by members of the Armed Forces 
     assigned for purposes of providing defense articles or 
     defense services shall be kept to an absolute minimum. 
     Advising and training assistance in countries to which 
     members of the Armed Forces are assigned for such purposes 
     should be provided primarily by other personnel who are not 
     assigned for such purposes and who are detailed for limited 
     periods to perform specific tasks.

     SEC. 8522. COSTS.

       The entire costs (excluding salaries of members of the 
     Armed Forces other than the Coast Guard) of overseas 
     management of programs for providing defense articles and 
     defense services under this Act shall be charged to or 
     reimbursed from funds allocated to the Department of Defense, 
     pursuant to the authorities of this Act, other than any such 
     costs which are either--
       (1) paid directly for such defense services under section 
     21(a) of the Arms Export Control Act, or
       (2) reimbursed from charges for services collected from 
     foreign governments pursuant to section 21(e) and section 
     43(b) of that Act.

     SEC. 8523. ROLE OF CHIEF OF MISSION.

       Members of the Armed Forces assigned to a foreign country 
     under section 8521 of this Act shall serve under the 
     direction and supervision of the Chief of the United States 
     Diplomatic Mission to that country.

 Subchapter C--Administrative Provisions for the Trade and Development 
                                 Agency

     SEC. 8531. DIRECTOR AND PERSONNEL.

       (a) 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.
       (b) Officers and Employees.--
       (1) The Director may appoint such officers and employees of 
     the Trade and Development Agency as the Director considers 
     appropriate.
       (2) The officers and employees appointed under this 
     paragraph shall have such functions as the Director my 
     determine.
       (3) 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 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.
       (4) 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.

     SEC. 8532. AUDITS.

       (a) 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.
       (b) 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.
       (c) 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).
       (d) 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 designated by the Comptroller General.

     SEC. 8533. ANNUAL REPORT.

       The President shall, not later than December 31 of each 
     year, 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 activities of the Trade and 
     Development Agency in the preceding fiscal year.

   Subchapter D--Administrative Provisions for the Overseas Private 
                         Investment Corporation

     SEC. 8541. STOCK OF THE CORPORATION.

       The Secretary of the Treasury shall hold the capital stock 
     of the Corporation.

     SEC. 8542. 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.
       (b) Board of Directors.--
       (1) In general.--All powers of the Corporation shall vest 
     in and be exercised by or under the authority of its Board of 
     Directors (hereafter in this subchapter referred to as `the 
     Board') which shall consist of 15 Directors (including the 
     Chair and Vice Chair), with 8 Directors constituting a quorum 
     for the transaction of business.
       (2) Composition of the board.--
       (A) Chair.--The Chair of the Board shall be the 
     Administrator of the United States Agency for International 
     Development, ex officio.
       (B) Vice chair.--The Vice Chair of the Board shall be the 
     United States Trade Representative, ex officio, except that 
     the United States Trade Representative may designate the 
     Deputy United States Trade Representative to serve as Vice 
     Chairman in place of the United States Trade Representative.
       (C) President of opic.--The President of the Corporation 
     shall serve as a Director, ex officio.
       (D) Public sector directors.--(i) In addition to the 
     directors provided for in subparagraphs (A) through (C), five 
     Directors who are officers or employees of the Government of 
     the United States shall be designated by the President of the 
     United States, including an officer or employee of the 
     Department of Labor.
       (ii) The Directors designated under this subparagraph shall 
     receive no additional compensation by virtue of their service 
     as such a Director.
       (E) Private sector directors.--Eight Directors who are not 
     otherwise officers or employees of the Government of the 
     United States shall be appointed by the President of the 
     United States, by and with the advice and consent of the 
     Senate. Of these, at least--
       (i) two shall be experienced in small business,
       (ii) one shall be experienced in organized labor, and
       (iii) one shall be experienced in cooperatives.
       (F) Each director appointed under subparagraph (e).--
       (i) shall be appointed for a term of not more than 3 years; 
     the terms of not more than three such Directors shall expire 
     in any 1 year;
       (ii) shall serve until their successors are appointed and 
     qualified and may be reappointed to subsequent terms; and
       (iii) shall be compensated at the daily equivalent of the 
     annual rate of pay in effect 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 
     Director is actually engaged in the business of the 
     Corporation, and may be paid travel or transportation 
     expenses to the extent authorized for employees serving 
     intermittently in the Government service under section 5703 
     of title 5, United States Code.
       (c) Appointment of the President.--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. In 
     making such appointment, the President shall take into 
     account the private business experience of the appointee. The 
     President of the Corporation shall be its Chief Executive 
     Officer and shall be responsible for the operations and 
     management of the Corporation, subject to bylaws and policies 
     established by the Board.
       (d) Officers and Staff.--
       (1) Executive Vice President.--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.
       (2) Other officers and staff.--(A) The Corporation may 
     appoint such other officers and such employees (including 
     attorneys) and agents as the Corporation considers 
     appropriate.
       (B) The officers, employees, and agents appointed under 
     this subsection shall have such functions as the Corporation 
     may determine.
       (C) Of the officers, employees, and agents appointed under 
     this paragraph, 20 may be appointed, compensated or removed 
     without regard to civil service laws and regulations.
       (D) Under such regulations as the President of the United 
     States 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.

     SEC. 8543. 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, except for 
     payments to the financing account, shall be held by the 
     Corporation and shall be available to carry out its 
     purposes, including without limitation--
       (1) payment of all expenses of the Corporation, including 
     investment promotion expenses;
       (2) transfers and additions to the insurance reserve, 
     financing accounts and such other funds, accounts or reserves 
     as the Corporation may establish, at such time and in such 
     amounts as the Board may determine; and
       (3) 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 paragraphs (1) 
     and (2).

     SEC. 8544. GENERAL PROVISIONS RELATING TO INSURANCE AND 
                   FINANCING PROGRAM.

       (a) Agreements With Countries.--Insurance, reinsurance, and 
     guarantees issued under chapter 1 of title V shall not cover 
     investment made in connection with projects in any country or 
     area unless the President of the United States has agreed 
     with the government of such country or area to institute a 
     program for such insurance, reinsurance, or guarantees.
       (b) Protection of Interests of the Corporation.--The 
     Corporation shall determine that suitable arrangements exist 
     for protecting the interest of the Corporation in connection 
     with any insurance, reinsurance, or guarantee issued under 
     chapter 1 of title V, including arrangements concerning 
     ownership, use, and disposition of the currency, credits, 
     assets, or investments on account of which payment under such 
     insurance, guarantee, or reinsurance is to be made, and any 
     right, title, claim, or cause of action existing in 
     connection therewith.
       (c) Full Faith and Credit Pledged.--All guarantees issued 
     pursuant to predecessor guarantee authority, and all 
     insurance, reinsurance, and guarantees issued pursuant to 
     chapter 1 of title V shall constitute obligations, in 
     accordance with the terms of such insurance, reinsurance, or 
     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.
       (d) Fees.--Fees may be charged for providing insurance, 
     reinsurance, financing, and other services under chapter 1 of 
     title V in amounts to be determined by the Corporation. Fees 
     paid for project-specific transaction costs and other 
     transaction costs, including but not limited to project-
     related travel and expenses for legal representation, 
     associated with services provided to specific investors or 
     potential investors pursuant to section 5102, including 
     financing, insurance, reinsurance, missions, seminars, 
     conferences, and other pre-investment services, shall be 
     available for obligation for the purposes for which they 
     were collected notwithstanding any other provision of law. 
     Transaction costs relating to investment financing 
     commitments entered into pursuant to section 5102(b) shall 
     be considered cash flows from the Government resulting 
     from financing commitments and shall be paid out of the 
     appropriate financing account established pursuant to 
     section 505(b) of the Federal Credit Reform Act of 1990.
       (e) Insurance, Reinsurance, and Financing Limited to 20 
     Years.--No insurance, reinsurance, or financing of any equity 
     investment under chapter 1 of title V shall extend beyond 20 
     years from the date on which such insurance, reinsurance, or 
     financing is issued.
       (f) Amount of Compensation Paid on Claims.--Compensation 
     for any insurance, reinsurance, or financing issued under 
     chapter 1 of title V 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 
     guarantee, except that the Corporation may provide that--
       (1) appropriate adjustments in the insured dollar value may 
     be made to reflect the replacement cost of project assets;
       (2) compensation for a claim of loss under insurance of an 
     equity may be computed on the basis of the net book value 
     attributable to such equity investment on the date of loss; 
     and
       (3) compensation for loss due to business interruption may 
     be computed on a basis to be determined by the Corporation 
     which reflects amounts lost.

     Notwithstanding the preceding sentence, the Corporation shall 
     limit the amount of direct insurance and reinsurance issued 
     under section 5102 or 5103 so that risk of loss as to at 
     least 10 percent of the total investment of the insured and 
     its affiliates in the project is borne by the insured and 
     such affiliates, except that this limitation shall not apply 
     to direct insurance or reinsurance of loans by banks or other 
     financial institutions to unrelated parties.
       (g) Limitation With Respect to Foreign Credit 
     Institutions.--Insurance, guarantees, or reinsurance 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.
       (h) Settlement and Arbitration of Claims.--Claims arising 
     as a result of insurance, reinsurance, or guarantee 
     operations under chapter 1 of title V or under predecessor 
     guarantee 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.
       (i) Contracts Presumed To Comply With Act.--Each insurance, 
     reinsurance, or guarantee 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.
       (j) 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 5102 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.
       (k) 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 5102(a) shall not 
     be considered in determining whether the Corporation has made 
     or has outstanding loans, guaranties, or investments to the 
     extent of any limitation on obligations, commitments, and 
     equity investment imposed by or pursuant to chapter 1 of 
     title V. The provision 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.
       (l) Termination.--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 contracts or commitments that were entered or were being 
     processed under chapter 1 of title V prior to the effective 
     date of the termination of assistance.

     SEC. 8545. GENERAL PROVISIONS AND POWERS.

       (a) Principal Office.--The Corporation shall have its 
     principal office in the Distict of Columbia and shall be 
     deemed, for purposes of venue in civil actions, to be a 
     resident of the District of Columbia.
       (b) Audits.--
       (1) In general.--The Corporation shall be subject to the 
     applicable provisions of chapter 91 of title 31, United 
     States Code, except as otherwise provided in this Act.
       (2) Independent audit.--An independent certified public 
     accountant shall perform a financial and compliance audit of 
     the financial statements of the Corporation each year, in 
     accordance with generally accepted Government auditing 
     standards for a financial and compliance audit. 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 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 
     report to the Congress in the manner and at such times as the 
     Comptroller General considers necessary.
       (3) Audit by comptroller general.--The Comptroller General 
     shall, if the Comptroller General considers it necessary or 
     upon the request of the Congress, audit the financial 
     statements of the Corporation in the manner provided in 
     paragraph (2).
       (4) Availability of information.--All books, accounts, 
     financial records, reports, files, work papers, 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 General Accounting 
     Office designated by the Comptroller General.
       (c) Powers.--To carry out the purposes of chapter 1 of 
     title V, the Corporation is authorized--
       (1) to adopt and use a corporate seal, which shall be 
     judicially noticed;
       (2) to sue and be sued in its corporate name;
       (3) 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;
       (4) 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;
       (5) 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 considers 
     appropriate;
       (6) to indemnify directors, officers, employees, and agents 
     of the Corporation for liabilities and expenses incurred in 
     connection with their Corporation activities;
       (7) to require bonds of offices, employees, and agents and 
     to pay the premiums therefor;
       (8) notwithstanding any other provision of law, to 
     represent itself or to contract for representation in all 
     legal and arbitral proceedings;
       (9) 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 section 
     5102;
       (10) to purchase, discount, rediscount, sell, and 
     negotiate, with or without its endorsement or guarantee, and 
     guarantee notes, participation certificates, and other 
     evidence of indebtedness (except that the Corporation shall 
     not issue its own securities, except participation 
     certificates for the purpose of carrying out section 
     5101(c)(3), participation certificates in connection with 
     transactions authorized by 5102(b), or participation 
     certificates as evidence of indebtedness held by the 
     Corporation in connection with settlement of claims under 
     section 8544(h));
       (11) to make and carry out such contracts and agreements as 
     are necessary and advisable in the conduct of its business;
       (12) to exercise any priority of the government of the 
     United States in collecting debts from the estates of 
     bankrupt, insolvent, or decedent parties;
       (13) to determine the character of an 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;
       (14) to collect or compromise any obligations assigned to 
     or held by the Corporation, including any legal or equitable 
     rights accruing to the Corporation; and
       (15) to take such actions as may be necessary or 
     appropriate to carry out the powers of the Corporation.
       (d) Inspector General.--
       (1) Authority.--The Inspector General of the United States 
     Agency for International Development may conduct audits, 
     investigations, and inspections of all phases of the 
     Corporation's operations and activities.
       (2) Relation to president of corporation.--The Inspector 
     General shall report to and be under the general supervision 
     of the President of the Corporation with respect to 
     activities undertaken pursuant to this subsection, except 
     that the President of the Corporation shall not prevent or 
     prohibit the Inspector General from initiating, carrying out, 
     or completing any such activity in accordance with the 
     duties, authorities, and responsibilities contained in the 
     Inspector General Act or 1978 and any other applicable law or 
     regulation.
       (3) Expenses.--The Inspector General shall be reimbursed by 
     the Corporation for all expenses incurred by the Inspector 
     General in connection with the Inspector General's 
     responsibilities under this subsection.
       (4) Inspector general act.--For purposes of the Inspector 
     General Act of 1978, the Corporation shall continue to be 
     considered a Federal entity and the President of the 
     Corporation shall be considered the head of the Federal 
     entity.
       (5) Semiannual report.--The semiannual report required 
     under section 5 of the Inspector General Act of 1978 shall 
     include information relating to activities of the Inspector 
     General undertaken pursuant to this subsection.
       (e) Exemption From State and Local Taxation.--The 
     Corporation (including its franchise, capital, reserves, 
     surplus, advances, intangible property, and income) shall be 
     exempt from all taxation at any time imposed by any State, 
     the District of Columbia, or any county, municipality, or 
     local taxing authority.

     SEC. 8546. ANNUAL REPORT; MAINTENANCE OF INFORMATION.

       (a) Annual Report.--After the end of each fiscal year, the 
     President shall submit to the Congress a complete and 
     detailed report of the Corporation's operations during such 
     fiscal year. Such report shall include--
       (1) an assessment, based upon the development impact 
     profiles required by section 5105(a), 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 the 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 refused to provide any insurance, reinsurance, 
     financing, or other financial support, on account of 
     violations of human rights referred to in section 8543(d)
       (b) Projections of Effects on Employment.--
       (1) In general.--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 
     fiscal year covered by the report, the Corporation initially 
     issued any insurance, reinsurance, or guarantee or provided 
     financing. Each such report shall include projections of--
       (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) Information in aggregate form.--The projections 
     required by this subsection shall be based on an analysis of 
     each of the projects described in paragraph (1). Such 
     projections may, however, present information and analysis in 
     aggregate form, but only if--
       (A) those projects which are projected to have a positive 
     effect on employment in the United States and those projects 
     which are projected to have a negative effect on employment 
     in the United States are grouped separately; and
       (B) there is set forth for each such grouping the key 
     characteristics of the projects within that grouping, 
     including the number of projects in each economic sector, the 
     countries in which the projects in each economic sector are 
     located, and the projected level of the impact of the 
     projects in each economic sector on employment in the United 
     States and on United States trade.
       (c) Maintenance of Information.--The Corporation shall 
     maintain as part of its records--
       (1) all information collected in preparing the report 
     required by section 240A(c) of the Foreign Assistance Act of 
     1961 (as in effect before the enactment of the Overseas 
     Private Investment Corporation Amendments Act of 1988), 
     whether the information was collected by the Corporation 
     itself or by a contractor; and
       (2) a copy of the analysis of each project analyzed in 
     preparing the projections required by subsection (b) of this 
     section or the report required by section 240A(c) of the 
     Foreign Assistance Act of 1961 (as in effect before the 
     enactment of the Overseas Private Investment Corporation 
     Amendments Act of 1988).
       (d) Protection of Certain Information.--Subsection (b) does 
     not require the inclusion in any information submitted 
     pursuant to that subsection 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. 8547. DEFINITIONS.

       As used in chapter 1 of title V and this subchapter, the 
     following terms have the following meanings:
       (1) Board.--The term ``Board'' means the Board of Directors 
     of the Overseas Private Investment Corporation.
       (2) Corporation.--The term ``Corporation'' means the 
     Overseas Private Investment Corporation.
       (3) Eligible investor.--(A) The term ``eligible investor'' 
     means--
       (i) a United States citizen;
       (ii) a corporation, partnership, or other association, 
     including a nonprofit association, which is created under the 
     laws of the United States, any State, the District of 
     Columbia, or any commonwealth, territory, or possession of 
     the United States, and which is substantially beneficially 
     owned by United States citizens; and
       (iii) a foreign corporation, partnership, or other 
     association which is wholly owned by one or more United 
     States citizens or corporations, partnerships, or other 
     associations described in clause (ii), except that the 
     eligibility of any such foreign corporation shall be 
     determined without regard to any shares held by other than 
     United States citizens or corporations, partnerships, or 
     other associations described in clause (ii) if, in the 
     aggregate, such shares equal less than 5 percent of the total 
     issued and subscribed share capital of such foreign 
     corporation.
       (B) For purposes of subparagraph (A)--
       (i) in the case of insurance or a guarantee for any loan 
     investment, a final determination of whether a person is an 
     eligible investor may be made at the time the insurance or 
     guarantee is issued; and
       (ii) in the case of insurance or a guarantee for any other 
     investment, an investor must be an eligible investor at the 
     time a claim arises as well as the time the insurance or 
     guarantee is issued.
       (4) Expropriation.--The term ``expropriation'' includes any 
     abrogation, repudiation, or impairment by a foreign 
     government 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.
       (5) Investment.--The term ``investment'' includes any 
     contribution or commitment or funds, commodities, services, 
     patents, processes, or techniques, in the form of--
       (A) a loan or loans to an approved project,
       (B) the purchase of a share of ownership in any such 
     project,
       (C) participation in royalties, earning, or profits of any 
     such project, and
       (D) the furnishing of commodities or services pursuant to a 
     lease or other contract.
       (6) Predecessor guarantee authority.--The term 
     ``predecessor guarantee authority'' means prior guarantee 
     authorities (other than housing guarantee authorities) 
     repealed by the Foreign Assistance Act of 1969, sections 
     202(b) and 413(b) of the Mutual Security act of 1954, and 
     section 111(b)(3) of the Economic Cooperation Act of 1948 
     (exclusive of authority relating to informational media 
     guarantees).

         Subchapter E--Definitions and Miscellaneous Provisions

     SEC. 8551. DEFINITIONS.

       (a) For purposes of this Act, the following terms have the 
     following meanings:
       (1) Agency of the United States Government.--The term 
     ``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.
       (2) Country--The term ``country'' includes area.
       (3) Developing country.--The term ``developing country'' 
     includes advanced developing country.
       (4) Function.--The term ``function'' includes any duty, 
     obligation, power, authority, responsibility, right, 
     privilege, discretion, or activity.
       (5) Gross violations of internationally recognized human 
     rights.--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, and other flagrant denial of the right to life, 
     liberty, or the security of person.
       (6) Includes.--The term ``includes'' means includes but is 
     not limited to.
       (7) Notwithstanding.--The terms ``notwithstanding any other 
     provision of law'' and ``notwithstanding any provision of 
     this or any other Act'' shall not apply to title 31, United 
     States Code, 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.
       (8) Officer or employee.--The term ``officer or employee'' 
     means civilian personnel of the United States Government and 
     members of the Armed Forces.
       (9) Nonnuclear-weapon state.--The term ``nonnuclear-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.
       (10) United States.--The term ``United States'', when used 
     in the geographic sense, includes the Commonwealth of Puerto 
     Rico, the Commonwealth of the Northern Mariana Islands, Guam, 
     American Samoa, the Virgin Islands, and any other territory 
     or possession of the United States.
       (11) Major illicit drug producing country.--The term 
     ``major illicit drug producing country'' means a country 
     producing five metric tons or more of opium or opium 
     derivative during a fiscal year or producing five hundred 
     metric tons or more of coca or marijuana (as the case may be) 
     during a fiscal year.
       (12) Major drug transit country.--The term ``major drug 
     transit country'' means a country--
       (A) that is a significant direct source of illicit narcotic 
     or psychotropic drugs or other controlled substances 
     significantly affecting the United States;
       (B) through which are transported such drugs or substances; 
     or
       (C) through which significant sums of drug-related profits 
     or monies are laundered with the knowledge or complicity of 
     the government.
       (13) Narcotic and psychotropic drugs and other controlled 
     substances.--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 or countries 
     concerned.
       (14) Agriculture.--The term ``agriculture'' includes 
     aquaculture and fisheries.
       (15) Farmers.--The term ``farmers'' includes fishermen and 
     other persons employed in cultivating and harvesting food 
     resources from salt and fresh waters.
       (16) Institution of higher education.--The term 
     ``institution of higher education'' has the same meaning that 
     term is given by section 1201(a) of the Higher Education Act 
     of 1965.
       (17) Armed forces.--The term ``Armed Forces'' means the 
     Army, Navy, Air Force, Marine Corps, and Coast Guard of the 
     United States.
       (18) Defense article and related terms.--The terms 
     ``defense article'', ``significant military equipment'', and 
     ``major defense equipment'' shall have the same meaning as in 
     the Arms Export Control Act. The term ``defense service'' 
     includes any service (including education and training), 
     test, inspection, repair, publication, or technical or other 
     assistance or defense information used for the purpose of 
     furnishing assistance administered through the Department of 
     Defense under this Act.
       (19) Excess defense articles.--The term ``excess defense 
     articles'' means the quantity of defense articles owned by 
     the United States Government, and not procured in 
     anticipation of defense assistance or sales requirements, or 
     pursuant to a defense assistance or sales order, which is in 
     excess of the Approved Acquisition Objective 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.
       (20) Value.--The term ``value'' means--
       (A) 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 
     8201(c) such actual value shall not be taken into account;
       (B) with respect to a nonexcess defense article delivered 
     from inventory to a foreign country or international 
     organization under this Act, the acquisition cost to the 
     United States Government, adjusted as appropriate for 
     condition and market value;
       (C) with respect to a nonexcess defense article delivered 
     from new procurement to a foreign country or international 
     organization under this Act, the contract or production costs 
     of such article.
       (21) Assistance Administered through the Department of 
     Defense.--The term ``assistance administered through the 
     Department of Defense'' means--
       (A) the financing (including the guarantee of financing) of 
     sales of defense articles (including excess defense articles) 
     and defense services (including education and training) made 
     or licensed pursuant to sections 21, 22, 29, and 38 of the 
     Arms Export Control Act and the lease of defense articles 
     made pursuant to chapter 6 of that Act;
       (B) the provision of education or training through the 
     Department of Defense under this Act;
       (C) the provision of excess defense articles through the 
     Department of Defense under section 8405 of this Act; or
       (D) the provision of assistance through the Department of 
     Defense under sections 3103, 3204, 7111 and 7115(b) of this 
     Act.

     SEC. 8552. ACTIVITIES UNDER OTHER LAWS NOT AFFECTED.

       Unless expressly provided to the contrary, provisions of 
     this Act and other provisions of law applicable to foreign 
     assistance shall not be construed to prohibit (or, with 
     respect to the Export-Import Bank of the United States, apply 
     to) activities authorized by or conducted under the Peace 
     Corps Act, the United States Information and Educational 
     Exchange Act of 1948, the Mutual Educational and Cultural 
     Exchange Act of 1961, the Export-Import Bank Act of 1945, the 
     Agricultural Act of 1949, the Agricultural Trade Development 
     and Assistance Act of 1954, the Food for Progress Act of 
     1985, the Inter-American Foundation Act, the African 
     Development Foundation Act, commercial export promotion 
     activities of the Department of Agriculture (including the 
     Commodity Credit Corporation), or to programs for which funds 
     are made available outside Budget Function 150.

             TITLE IX--TECHNICAL AND CONFORMING PROVISIONS

     SEC. 9101. EFFECTIVE DATE.

       Except as otherwise provided in this Act, the provisions of 
     this Act shall take effect on October 1, 1994.

     SEC. 9102. SAVING PROVISIONS.

       (a) In General.--(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 repealed by this Act shall continue in full 
     force and effect until modified by appropriate authority.
       (2) Wherever provisions of this Act establish conditions 
     which must be complied with before use may be made of 
     authority contained in, or funds made available to carry out 
     the provisions of, this Act, compliance with, or satisfaction 
     of, substantially similar conditions under provisions 
     repealed by this Act shall be deemed to constitute compliance 
     with the conditions established by this Act.
       (3) Funds made available pursuant to provisions of law 
     repealed by this Act 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.
       (4) References in law to provisions repealed by this Act 
     may hereafter be deemed to be references to corresponding 
     provisions of this Act, on a case-by-case basis as may be 
     appropriate.
       (b) Certain Presidential Appointees.--The repeal by this 
     Act of any provision of the Foreign Assistance Act of 1961 
     providing for the appointment of an individual to a position 
     by the President, by and with the advice and consent of the 
     Senate, and the reenactment by this Act of that provision in 
     substantively identical form does not require the 
     reappointment of the individual holding that position on the 
     effective date specified in section 9101.
       (c) Section 124(c) Authority.--Section 124(c) of the 
     Foreign Assistance Act of 1961, as in effect before the 
     effective date specified in section 9101 of this Act, shall 
     be deemed to remain in effect on and after that date. For 
     purposes of this section, references in section 124(c) to 
     sections 101 and 102 of the Foreign Assistance Act of 1961 
     shall be deemed to be references to sections 1101 and 1102 of 
     this Act, respectively.
       (d) Guarantees and Loans Under Former Authority.--
     Guarantees  committed or outstanding under the former 
     authorities of sections 108, 222, and 222A of the Foreign 
     Assistance Act of 1961, as in effect before the effective 
     date specified in section 9101 of this Act, loans 
     obligated under section 108 on or before such date, the 
     fees and interest collected in connection with such 
     guarantees and loans, and income on claims receivable with 
     respect to such guarantees and loans, shall continue to be 
     subject to provisions of such Act originally applicable to 
     those guarantees and loans and the Federal Credit Reform 
     Act of 1990.

     SEC 9103. MISCELLANEOUS PROVISIONS.

       (a) Federal Act of State Doctrine.--
       (1) In general.--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 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 section 
     620(e)(1) of the Foreign Assistance Act of 1961 as in effect 
     before the effective date of this section.
       (2) Exceptions.--This subsection shall not be applicable--
       (A) 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
       (B) 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.
       (b) Accounting and Valuation of Foreign Currencies.--
       (1) 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 United States 
     Government.
       (2) 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) Valuation of Expropriated Property.--
       (1) Valuation.--If the President requests such an 
     evaluation, the Foreign Claims Settlement Commission is 
     authorized to evaluate the value of the property which is the 
     subject of an action described in section 7201(a) (3) of this 
     Act and render an advisory report with respect to the value 
     of such property to the President.
       (2) Definition of United States Person.--For purposes of 
     section (a)(3), the term `United States person' means a 
     United States citizen or a corporation, partnership, or 
     association at least 50 percent beneficially owned by United 
     States citizens.
       (d) Participation in Foreign Police Actions.--
       (1) Prohibtion 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) Exceptions.--Paragraph (1) does not prohibit an officer 
     or employee of the United States--
       (A) 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.
       (B) 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.
       (3) 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 of 
     that country.
       (4) 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.
       (5) Exception for status of forces arrangements.--This 
     section does not apply to the activities of the United States 
     Armed Forces in carrying out their responsibilities under 
     applicable Status of Forces arrangements.
       (6) Definition.--For purposes of this subsection, 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.

     SEC. 9104. CONFORMING AND OTHER AMENDMENTS.

       (a) Title 5, United States Code.--Subchapter II of chapter 
     53 of title 5, United States Code, is amended--
       (1) in section 5314, by striking out ``Director, Institute 
     for Scientific and Technological Cooperation.'';
       (2) in section 5315, by striking out ``Deputy Director, 
     Institute for Scientific and Technological Cooperation.''; 
     and
       (3) in section 5316, by striking out ``Additional officers, 
     Institute for Scientific and Technological Cooperation 
     (2).''.
       (b) Title 15, United States Code.--Section 638(e)(1) of 
     title 15, United States Code is amended by striking out ``for 
     the Agency'' through ``countries'' and inserting in lieu 
     thereof ``the provisions of this section shall not be 
     applicable to the programs administered by the United States 
     Agency for International Development''.
       (c) Arms Export Control Act.--The Arms Export Control Act 
     is amended as follows:
       (1) Section 2(b) is amended by striking out--
       (A) ``or financing for'' in paragraph (1);
       (B) ``financing,'' both other places it appears.
       (2) Section 3(c) is amended--
       (A) in paragraph (1), by striking out ``(1)(A) No'' and all 
     that follows through ``(B) No cash'' and inserting in lieu 
     thereof ``(1) No'';
       (B) in paragraph (1), as amended by subparagraph (A), by 
     striking out ``under this Act, or any predecessor Act,'' and 
     inserting in lieu thereof ``, through sale, financing or 
     otherwise, under this Act or the Peace, Prosperity, and 
     Democracy Act of 1994 (or under any predecessor military 
     sales or foreign assistance legislation)'';
       (C) in paragraph (3)(A), by striking out ``subparagraph 
     (A)'' and all that follows through ``such paragraphs,'' and 
     inserting in lieu thereof ``paragraph (1)''; and
       (D) in paragraph (3)(B), by striking out ``subparagraph (B) 
     of''.
       (3) Section 3 is amended--
       (A) in subsection (d), by striking out ``section 505(a)(1) 
     or 505(a)(4) of the Foreign Assistance Act of 1961'' and 
     inserting in lieu thereof ``section 8212(a)(1) of the Peace, 
     Prosperity, and Democracy Act of 1994''; and
       (B) in subsection (e), by striking out ``section 505 of the 
     Foreign Assistance Act of 1961'' and inserting in lieu 
     thereof ``section 8212(a)(1) of the Peace, Prosperity, and 
     Democracy Act of 1994''.
       (4) Section 4 is amended by inserting after ``such friendly 
     countries'' ``or, if financed with assistance furnished under 
     the Peace, Prosperity, and Democracy Act of 1994, for such 
     other purposes as are provided for under that Act''.
       (5) Section 5(a) is amended by striking out ``, and no 
     credits (including participations in credits) or guaranties 
     extended to or for'' and inserting in lieu thereof ``to''.
       (6) Section 6 is amended--
       (A) by striking out ``, no credits or guarantees may be 
     extended,''; and
       (B) by inserting ``and no assistance administered through 
     the Department of Defense may be furnished under the Peace, 
     Prosperity, and Democracy Act of 1994'' after ``this Act''.
       (7) Section 21 is amended--
       (A) by amending (a)(1)(c) to read as follows, ``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 
     that is concurrently receiving assistance under the Peace, 
     Prosperity, and Democracy Act of 1994 or is separately 
     justified for the fiscal year in which the associated 
     letter of offer is issued, only those additional costs 
     that are incurred by the United States in furnishing such 
     training'';
       (B) by amending subsection (c)(1) to read as follows:
       ``(A) Members of the Armed Forces assigned or detailed to 
     provide defense services under this Act may not perform 
     duties of a combatant nature, including any duty related to 
     training and advising that may engage United States Armed 
     Forces personnel in combat activities, outside the United 
     States in connection with the performance of those defense 
     services.
       ``(B) Subparagraph (A) shall not apply if the President 
     determines, and reports to the Congress, that its application 
     would not be in the national interest of the United 
     States.''; and
       (C) in subsection (e)--
       (i) by deleting subparagraph (1)(B);
       (ii) by deleting ``(C)'' in subparagraph (1)(c) and 
     inserting in lieu there ``(D)'';
       (iii) by deleting paragraph (2); and
       (iv) by deleting ``(3)'' and inserting in lieu thereof 
     ``(2)''.
       (8) Section 23 is repealed.
       (9) Section 24 is amended--
       (A) by amending this section caption to read ``Provisions 
     Relating to Former Credit and Guaranty Authorities'';
       (B) in subsection (a), by striking out ``The'' in the first 
     sentence and inserting in lieu thereof ``To the extent 
     necessary to carry out the provisions under the heading 
     ``Foreign Military Sales Debt Reform'' in title III of the 
     Foreign Operations, Export Financing, and Related Programs 
     Appropriations Act, 1988 (as contained in section 101(e) of 
     Public Law 100-202), the'';
       (C) in subsection (b) by inserting ``before the effective 
     date of the Peace, Prosperity, and Democracy Act of 1994''
     after ``section 23''; and
       (D) by striking out subsection (c) and inserting in lieu 
     thereof the following:
       ``(c) The single reserve established under this section for 
     the payment of claims under guarantees issued under the 
     authority of this section may be referred to as the `Foreign 
     Military Loan Liquidating Account'.
       ``(d) Any guarantees issued under the authority of this 
     section are backed by the full faith and credit of the United 
     States.''.
       (10) Section 25(a) is amended--
       (A) in paragraph (5)(A) by striking out ``military 
     education'' and all that follows through ``guarantees,'' and 
     inserting in lieu thereof ``and assistance administered 
     through the Department of Defense under the Peace, 
     Prosperity, and Democracy Act of 1994,'';
       (B) in paragraph (5)(B) by striking out ``credits or 
     guaranties under this Act'' and inserting in lieu thereof 
     ``assistance administered through the Department of Defense 
     under the Peace, Prosperity, and Democracy Act of 1994''; and
       (C) in paragraph (11) by inserting before the semicolon at 
     the end of the paragraph the following:

     ``, and the status of each provision of assistance 
     administered through the Department of Defense for the 
     procurement of defense articles or defense services under the 
     Peace, Prosperity, and Democracy Act of 1994 with respect to 
     which there remains outstanding any unpaid obligation or 
     potential liability''.
       (11) Section 25(d), as added by 112(b) of the International 
     Security and Development Cooperation Act of 1985, is amended 
     by striking out ``under this Act or under section 503(a)(3) 
     of the Foreign Assistance Act of 1961'' and inserting in lieu 
     thereof ``with assistance administered through the Department 
     of Defense under the Peace, Prosperity, and Democracy Act of 
     1994''.
       (12) Section 31 is amended--
       (A) by striking out ``Authorization and Aggregate Ceiling 
     on Foreign Military Sales Credits.'' and all that follows 
     through ``(d)'' and inserting in lieu thereof ``Aggregate 
     Costs''; and
       (B) by striking out ``of chapter 2 of part II of the 
     Foreign Assistance Act of 1961'' and inserting in lieu 
     thereof ``the Peace, Prosperity, and Democracy Act of 1994''.
       (13) Section 36(a) is amended--
       (A) in paragraph (7), by striking out ``under chapters 2, 
     5, 6 or 8 of part II of the Foreign Assistance Act of 1961'' 
     and inserting in lieu thereof ``assistance administered 
     through the Department of Defense under the Peace, 
     Prosperity, and Democracy Act of 1994''; and
       (B) in paragraph (10), by striking out ``section 
     505(a)(1)(B) of the Foreign Assistance Act of 1961'' and 
     inserting in lieu thereof ``sections 8212 and 8213 of the 
     Peace, Prosperity, and Democracy Act of 1994''.
       (14) Section 37 is amended--
       (A) in the section caption by striking out ``Relating to 
     Foreign Military Sales Credits'';
       (B) in subsection (a), by striking out ``section 23'' and 
     inserting in lieu thereof ``the former authority of section 
     23 or under the authority of the Peace, Prosperity, and 
     Democracy Act of 1994''; and
       (C) in subsection (b), by inserting ``the former authority 
     of'' after ``extended pursuant to''.
       (15) Section 42 is amended--
       (A) in subsection (a) by striking out ``, but subject to 
     subsection (b) of this section,'' in the first sentence and 
     inserting in lieu thereof ``;'';
       (B) in subsection (b), by striking out ``No credit sale 
     shall be extended under section 23, and no guarantee shall be 
     issued under section 24'' and inserting in lieu thereof ``No 
     assistance shall be furnished under the Peace, Prosperity, 
     and Democracy Act of 1994 to be administered through the 
     Department of Defense for the financing of sales of defense 
     articles or services''; and
       (C) in subsection (d)(1), by striking out ``and guaranties 
     under sections 21, 22, 23, 24,'' and inserting in lieu 
     thereof ``under sections 21, 22,''.
       (16) Section 47(1) is amended by deleting ``section 644(g) 
     of the Foreign Assistance Act of 1991'' and inserting in lieu 
     thereof, ``section 8551(19) of the Peace, Prosperity, and 
     Democracy Act of 1994''.
       (d) United States Agency for International Development.--
     References in any Act to the ``Agency for International 
     Development'' shall be deemed to be a reference to the United 
     States Agency for International Development.

     SEC. 9105. TRANSITION RULES AND MILITARY ASSISTANCE.

       (a) Desposition of Certain Previously Provided Military 
     Equipment.--The President may waive requirements imposed 
     pursuant to sections 505(a)(4) and (f) of the Foreign 
     Assistance Act of 1961, as in effect before the effective 
     date of this title, with respect to defense articles or 
     related training or other defense services furnished before 
     that date.
       (b) Commitment of Prior Year Military Assistance.--If the 
     President at any time notifies Congress that no further sales 
     will be made pursuant to the Arms Export Control Act after 
     the date of such notification to a specified country under 
     circumstances then prevailing, any uncommitted funds 
     allocated for such country that were transferred under the 
     authority of section 8202(g)(6) of this Act, the former 
     authority of section 23 of the Arms Export Control Act, and 
     the former authority of section 503(a)(3) of the Foreign 
     Assistance Act of 1961 for the purpose of financing such 
     sales may be committed to finance such sales to other 
     eligible countries subject to advance notification to the 
     Committees on Appropriations and Foreign Relations of the 
     Senate and the Committee on Appropriations and Foreign 
     Affairs of the House of Representatives.
       (c) Sales.--Sales under the Arms Export Control Act which 
     are wholly paid from funds that, prior to the effective date 
     of this Act, were transferred under the former authority of 
     section 503(a)(3) of the Foreign Assistance Act of 1961 or 
     were made available on a nonrepayable or grant basis under 
     section 23 of the Arms Export Control Act, shall be priced on 
     the same basis as described in section 8201(d).

     SEC. 9106. REPEAL OF OBSOLETE PROVISIONS.

       (a) 1992 Jobs Through Export Act.--Title III of the Jobs 
     Through Exports Act of 1992 is repealed.
       (b) 1988 OPIC Act.--The Overseas Private Investment 
     Corporation Amendments Act of 1988 (as enacted by reference 
     by section 555 of the Foreign Operations, Export Financing, 
     and Related Programs Appropriations Act, 1989) is repealed.
       (c) 1988 Internatinal Narcotics Control Act.--The 
     International Narcotics Control Act of 1988 is repealed.
       (d) 1988 Foreign Operations Appropriations Act.--Section 
     537(h)(2) of the Foreign Operations, Export Financing, and 
     Related Programs Appropriations Act, 1988, as included in 
     P.L. 100-202, is repealed.
       (e) Narcotics Control Trade Act.--Section 802(e) and 804 of 
     the Narcotics Control Trade Act (which is title VIII of the 
     Trade Act of 1974) are repealed.
       (f) 1987 Foreign Assistance Appropriations Act.--Section 
     539(g)(2) of the Foreign Assistance and Related Programs 
     Appropriations Act, 1987, as included in P.L. 99-591, is 
     repealed.
       (g) 1986 Drug Act.--The International Narcotics Control Act 
     of 1986 (which is title II of the Anti-Drug Abuse Act of 
     1986) is repealed.
       (h) 1986 Assistance Act.--The Special Foreign Assistance 
     Act of 1986 is repealed except for section 1 and section 204.
       (i) 1986 Anglo-Irish Agreement Support Act.--Section 6 of 
     the Anglo-Irish Agreement Support Act of 1986 is repealed.
       (j) 1985 Assistance Act.--The International Security and 
     Development Cooperation Act of 1985 is repealed except for 
     section 1, section 131, section 132, section 504, section 
     505, part B of title V (other than section 558 and section 
     559), section 1302, section 1303, and section 1304.
       (k) 1985 Jordan Supplemental Act.--The Jordan Supplemental 
     Economic Assistance Authorization Act of 1985 is repealed.
       (l) 1985 African Famine Act.--The African Famine Relief and 
     Recovery Act of 1985 is repealed.
       (m) 1983 Assistance Act.--The International Security and 
     Development Assistance Authorization Act of 1983 is repealed.
       (n) 1983 Lebanon Assistance Act.--The Lebanon Emergency 
     Assistance Act of 1983 is repealed.
       (o) 1981 Assistance Act.--The International Security and 
     Development Cooperation Act of 1981 is repealed except for 
     section 1, section 709, and section 714.
       (p) 1981 OPIC Amendments Act.--The OPIC Amendments Act of 
     1981 is repealed.
       (q) 1980 Assistance Act.--The International Security and 
     Development Cooperation Act of 1980 is repealed except for 
     section 1, section 110, section 315, and title V.
       (r) 1979 Development Assistance Act.--The International 
     Development Cooperation Act of 1979 is repealed.
       (s) 1979 Security Assistance Act.--The International 
     Security Assistance Act of 1979 is repealed.
       (t) 1979 Special Security Assistance Act.--The Special 
     International Security Assistance Act of 1979 is repealed.
       (u) 1978 Development Assistance Act.--The International 
     Development and Food Assistance Act of 1978 is repealed, 
     except for section 1, title IV, and section 603(a)(2).
       (v) 1978 Security Assistance Act.--The International 
     Security Assistance Act of 1978 is repealed.
       (w) 1977 Development Assistance Act.--The International 
     Development and Food Assistance Act of 1977 is repealed 
     except for section 1, section 132(b), and section 133.
       (x) 1977 Security Assistance Act.--The International 
     Security Assistance Act of 1977 is repealed.
       (y) 1976 Security Assistance Act.--The International 
     Security Assistance and Arms Export Control Act is repealed 
     except for section 1, section 201(b), section 212(b), section 
     601, and section 608.
       (z) 1975 Development Assistance Act.--The International 
     Development and Food Assistance Act of 1975 is repealed.
       (aa) 1975 BIB Act.--Public Law 94-104 is repealed.
       (bb) 1974 Assistance Act.--The Foreign Assistance Act of 
     1974 is repealed.
       (cc) 1973 Emergency Assistance Act.--The Emergency Security 
     Assistance Act of 1973 is repealed.
       (dd) 1973 Assistance Act.--The Foreign Assistance Act of 
     1973 is repealed.
       (ee) 1973 Department of State Appropriations Authorization 
     Act.--Section 13 of the Department of State Appropriations 
     Authorization Act of 1973 is repealed.
       (ff) 1971 Assistance Act.--The Foreign Assistance Act of 
     1971 is repealed.
       (gg) 1971 Special Assistance Act.--The Special Foreign 
     Assistance Act of 1971 is repealed.
       (hh) 1971 FMS Act.--The Act entitled ``An Act to amend the 
     Foreign Military Sales Act, and for other purposes'', 
     approved January 12, 1971 (Public Law 91-672), is repealed.
       (ii) 1969 Assistance Act.--The Foreign Assistance Act of 
     1969 is repealed except for the first section and part IV.
       (jj) 1968 Assistance Act.--The Foreign Assistance Act of 
     1968 is repealed.
       (kk) 1964 Assistance Act.--The Foreign Assistance Act of 
     1964 is repealed.
       (ll) Foreign Assistance Act of 1961.--The Foreign 
     Assistance Act of 1961, as amended, is repealed except for 
     the first section, section 226, chapter 11 of part I, and 
     part IV.
       (mm) Latin American Development Act.--The Latin American 
     Development Act is repealed.
       (nn) 1959 Mutual Security Act.--The Mutual Security Act of 
     1959 is repealed.
       (oo) 1954 Mutual Security Act.--Section 402 and section 417 
     of the Mutual Security Act of 1954 are repealed.
       (pp) 1979 Reorganization Plan.--Reorganization Plan No. 2 
     of 1979 is repealed.
       (qq) Freedom Support Act.--Section 907 of the FREEDOM 
     Support Act is repealed.
       (rr) Migration and Refugee Assistance Act.--The Migration 
     and Refugee Assistance Act of 1962 is repealed.
       (ss) 1982-3 State Authorization Act.--Section 109 of the 
     Department of State Authorization Act, Fiscal Years 1982 and 
     1983, is repealed.
       (tt) 1984-5 Department of State Authorization Act.--
     Sections 1004 and 1005(a) of the Department of State 
     Authorization Act, Fiscal Years 1984 and 1985, are repealed.
       (uu) Savings Provision.--Except as otherwise provided in 
     this Act, the repeal by this Act of any provision of law that 
     amended or repealed another provision of law does not affect 
     in any way that amendment or repeal.
                                  ____


 SECTIONAL ANALYSIS OF THE PEACE, PROSPERITY, AND DEMOCRACY ACT OF 1994

       The Peace, Prosperity, and Democracy Act of 1994 repeals 
     the Foreign Assistance Act of 1961 and provides a policy 
     framework and authorities for programs to promote the 
     prosperity and security of the United States by supporting 
     bilateral, multilateral, and people-to-people partnerships 
     for the advancement of market economies and democracy.

                              Short Title

                        Section 1--Short Title.

       This section states that the short title of this bill is 
     ``The Peace, Prosperity, and Democracy Act of 1994''.

                           Table of Contents

                     Section 2--Table of Contents.

       This section contains the table of contents for the bill.

                          Statement of Policy

                    Section 3--Statement of Policy.

       This section states the policy framework for the bill. This 
     framework emphasizes the importance and interrelationship of 
     the programs authorized, or otherwise included in the Act, 
     for advancing United States economic and political interests 
     both at home and abroad. The financial, material, and human 
     resources included in the bill correspond to six mutually 
     reinforcing objectives:
       (1) Promoting sustainable development.--Programs that 
     encourage broad-based economic growth, protect the 
     environment, stabilize world population, and promote 
     democratic participation in development.
       (2) Promoting democracy.--Global engagement in support of 
     human rights, democratic institution building, good 
     governance, and open, civil societies, especially in 
     countries making the transition from communism to democracy.
       (3) Promoting peace.--Preventive diplomacy, maintaining and 
     restoring peace, regional peace processes, and cooperation 
     against the proliferation of weapons of mass destruction, 
     terrorism, narcotics trafficking, and international crime.
       (4) Providing humanitarian and crisis assistance.--Quick, 
     flexibile assistance, including and assistance to facilitate 
     the provision of emergency food aid and private 
     contributions, and multilateral efforts to victims of natural 
     and man-made disasters.
       (5) Promoting growth through trade and investment.--
     Enhanced employment at home and abroad through programs to 
     expand trade and investment and foster market reform in 
     partnership with American business, universities, state and 
     local governments, and international financial institutions.
       (6) Advancing diplomacy.--Diplomatic persuasion and 
     preventive diplomacy to advance United States security and 
     prosperity, to meet long-term global challenges, and to build 
     cooperative arrangements with allies and multilateral 
     organizations.

                    Title I--Sustainable Development


             chapter 1--sustainable development authorities

                   Section 1101--Statement of Policy.

       This section sets forth the basic policy rational for 
     sustainable development programs stating, in part, that 
     United States support for people-to-people, bilateral, and 
     multilateral sustainable development programs must be 
     targeted on broad-based economic growth that reduces hunger 
     and poverty, protects the environment, enhances human 
     capabilities, upholds democratic values, and improves the 
     quality of life for current generations while preserving that 
     opportunity for future generations.

  Section 1102--Policies Concerning Sustainable Development Programs.

       This section describes the basic purposes of sustainable 
     development programs and states that these purposes can best 
     be achieved through a balanced, participatory and 
     comprehensive cooperation program targeted on four inter-
     dependent objectives: (1) encouraging broad-based economic 
     growth, (2) protecting the global environment, (3) supporting 
     democratic participation, and (4) stabilizing world 
     population growth.
       The section further defines several underlying principles 
     that apply in carrying out sustainable development programs: 
     (1) popular participation, stating that sustainable 
     development depends for its success on the empowerment of 
     people to make political and economic decisions, the 
     expansion of women's opportunities is essential to 
     sustainable development, the necessity to consult with, and 
     fully engage, nongovernmental organizations, and to involve 
     U.S. institutions (particularly educational institutions) to 
     achieve broad-based sustainable development; (2) managing for 
     results, stating that United States sustainable development 
     programs cannot substitute for a developing country's own 
     efforts to improve the lives of its people, that such 
     programs are to be concentrated in countries that have a 
     demonstrated need for, and will make effective use of, those 
     programs; and (3) coordination of sustainable development 
     programs with other bilateral and multilateral donors.

          Section 1103--Voluntary Cooperation in Development.

       This section expresses the sense of Congress concerning the 
     importance of the participation of United States private 
     voluntary organizations, labor unions, cooperatives, credit 
     unions, and colleges and universities in the development 
     process. The section also authorizes the use of funds made 
     available under the bill for support of American schools and 
     hospitals abroad. Such support must satisfy sustainable 
     development criteria but may be located in any country 
     eligible to receive assistance under the bill. As under the 
     current Foreign Assistance Act, programs for American schools 
     and hospitals abroad are not subject to the statutory 
     limitations on assistance to countries that are otherwise 
     applicable to sustainable development programs.

        Section 1104--Microenterprise and Other Credit Programs.

       This section recognizes the importance of and authorizes 
     assistance for microenterprise and other credit programs in 
     furtherance of the achievement of sustainable development 
     objectives.

                  Section 1105--Availability of Funds.

       This section authorizes the President to carry out 
     sustainable development programs and states that funds shall 
     be available to carry out this chapter in amounts as 
     authorized and appropriated.


                 chapter 2--development fund for africa

 Section 1201--Sustainable Development Programs for Sub-Saharan Africa.

       This section contains a statement of policy regarding sub-
     Saharan Africa and the need for a steady, long-term approach 
     to the development problems in the region. Funds appropriated 
     for sustainable development programs may be made available 
     for sustainable development programs for sub-Saharan Africa. 
     Such programs may be provided notwithstanding sections 
     7201(a)(7) and 8402 of this bill, and any similar provision 
     of law.


                  chapter 3--role of related programs

 Section 1301--Statement of Policy Regarding the Role of International 
                        Financial Institutions.

       This section contains a statement of policy regarding the 
     role of the international financial institutions in the 
     achievement of sustainable development objectives.

   Section 1302--Statement of Policy Regarding the Role of the Peace 
                                 Corps.

       This section contains a statement of policy regarding Peace 
     Corps' activities and their complementarity with sustainable 
     development programs authorized by this title.

    Section 1303--Statement of Policy Regarding the Rule of African 
              Development and Inter-American Foundations.

       This section contains a statement of policy regarding 
     African Development and Inter-American Foundation activities 
     and their complementarity with sustainable development 
     programs authorized this title.

   Section 1304--Statement of Policy Regarding Role of P.L. 480 Non-
               Emergency Title II and Title III Programs.

       This section contains a statement of policy regarding the 
     role of non-emergency P.L. 480 title II and title III 
     programs in fostering sustainable development. By giving 
     priority to those countries that have demonstrated a 
     commitment to, among other things, promoting food security 
     (met through both domestic production and use of foreign 
     exchange earnings to import food), these programs show a 
     consistency of purpose with the sustainable development 
     programs authorized by this bill.

                      Title II--Building Democracy

            Section 2001--Findings and Statement of Policy.

       This section sets forth the findings and statement of 
     policy relevant to providing assistance to assist in building 
     democracy worldwide. Subsection (a) sets forth findings 
     regarding the worldwide movement toward democracy (which is 
     essential to achieving respect for individual human rights 
     and fundamental freedoms), the threats posed to democratizing 
     countries and democratic institutions and the need for the 
     international community and the United States to respond 
     rapidly to the new challenges associated with democratic 
     development.
       Subsection (b) states a United States policy of assisting 
     countries in transition to democracy and where democratic 
     gains are threatened, and notes at the same time that 
     promoting democracy is the global community's responsibility.


                     chapter 1--promoting democracy

                         Subchapter A--General

                        Section 2101--Authority.

       This section authorizes the President to provide assistance 
     for countries in transition to democracy or where democratic 
     progress or institutions are threatened.

           Section 2102--Objectives and Types of Assistance.

       This section states that programs should be designed to 
     facilitate the worldwide trend toward more open, just and 
     democratic societies and lists examples of such programs. 
     Subsection (b) lists the objectives for which assistance may 
     be provided to military or law enforcement forces under this 
     authority, and notes human rights as a relevant consideration 
     in providing assistance under this subsection.

           Section 2103--Availability of Funds; Authorities.

       This section states that funds shall be available to carry 
     out this subchapter in amounts as authorized and 
     appropriated. This section further states that amounts made 
     available under this subchapter for assistance administered 
     through the Department of Defense are to be separately 
     authorized and appropriated. Assistance provided under this 
     chapter may be made available notwithstanding any other 
     provision of law.

      Subchapter B--Independent States of the Former Soviet Union

                   Section 2201--Statement of Policy.

       This section contains a statement of policy emphasizing the 
     importance of the success of democratic and economic 
     transformation in the independent states of the former Soviet 
     Union and the role of the United States leadership and the 
     international community in supporting such reforms.

                 Section 2202--Provision of Assistance.

       This section states that funds shall be available to carry 
     out this subchapter in amounts as authorized and appropriate. 
     It also provides that such funds may be made available under 
     chapter 11 of part I of the Foreign Assistance Act of 1961, 
     and shall be considered assistance under this bill for 
     purposes of the bill's administrative authorities. The 
     responsibilities of the Coordinator designated under section 
     102 of the FREEDOM Support Act would apply to any assistance 
     made available under this chapter.

                Subchapter C--Central and Eastern Europe

                   Section 2301--Statement of Policy.

       This section contains statements of policy which stress the 
     importance of supporting economic and political reform, and 
     respect for human rights in Central and East European 
     countries.

                  Section 2302--Availability of Funds.

       This section states that funds shall be available to carry 
     out this subchapter in amounts as authorized and appropriated 
     to take actions under the Support for East European Democracy 
     (SEED) Act of 1989, notwithstanding any other provision of 
     law, and makes the bill's administrative authorities 
     applicable to such funds. The responsibilities of the 
     Coordinator designated under section 601 of the SEED Act of 
     1989 would apply to any assistance made available under this 
     chapter.


                  chapter 2--information and exchange

                         Section 2401--Policy.

       This section contains statements of policy concerning the 
     importance of USIA's information and exchange programs to 
     fostering democracy around the world.

                       Title III--Promoting Peace

                   Section 3001--Statement of Policy.

       This section contains a statement of policy relating to 
     promoting peace, which refers to the need for assistance to 
     address threats to peace during the Post-Cold War transition.


              chapter 1--peacekeeping and related programs

                   Section 3101--Statement of Policy.

       This section contains statements of policy concerning 
     peacekeeping and related programs which enumerate types of 
     post-Cold War global crises and threats to peace and refer to 
     Congressional support for appropriate bilateral and 
     multilateral peace operations in creating an environment of 
     security and stability.

                    Section 3102--General Authority.

       This section provides the authority for the United States 
     and assessed and voluntary contributions for international 
     peacekeeping and other international activities directed to 
     the maintenance or restoration of international peace and 
     security. Subsection (b) states that funds will be made 
     available for each of these accounts in authorizing and 
     appropriations legislation, and also provides authority to 
     transfer funds between these accounts. Subsection (c) 
     authorizes such funds to be made available notwithstanding 
     any other provision of law. The Administration intends to 
     supplement these accounts in the future with a DOD account 
     to pay U.S. assessed contributions for UN peace operations 
     involving activities under Chapter VII of the UN Charter, 
     thereby effecting a ``shared responsibility'' approach to 
     U.S. participation in international peace operations. As 
     under current law, assessed contributions for peacekeeping 
     are not considered assistance for purposes of applying 
     limitations or restrictions on assistance under this bill 
     or any other act.

                  Section 3103--Drawdown Authorities.

       This section authorizes the President to drawdown up to 
     $100,000,000 per fiscal year from the inventory and resources 
     of any United States Government agency for peacekeeping and 
     related programs.


            CHAPTER 2--NONPROLIFERATION AND DISARMAMENT FUND

                   Section 3201--Statement of Policy.

       This section contains statements of policy concerning the 
     risk posed by the proliferation of deadly weapons and the 
     importance of arms control and bilateral and multilateral 
     efforts to prevent proliferation.

                 Section 3202--Provision of Assistance.

       This section authorizes the provision of assistance to 
     facilitate six nonproliferation and disarmament related 
     purposes.

                  Section 3203--Availability of Funds.

       This section states that funds shall be available to carry 
     out this chapter in amounts as authorized and appropriated.

                  Section 3204--Drawdown Authorities.

       This section authorizes the President to drawdown up to 
     $100,000,000 per fiscal year from the inventory and resources 
     of any United States Government agency for nonproliferation 
     and disarmament.


      CHAPTER 3--REGIONAL PEACE, SECURITY AND DEFENSE COOPERATION

                   Section 3301--Statement of Policy.

       This section contains statement of policy regarding 
     regional peace (including Near East Peace), stability and 
     defense cooperation.

                 Section 3302--Authority and Purposes.

       This section authorizes the provision of assistance for 
     three listed purposes relating to supporting Near East peace, 
     meeting threats to international peace, and enabling 
     countries to share the burden in collective security efforts.

     Section 3303--Considerations in Providing Defense Cooperation 
                              Assistance.

       This section states considerations relevant in providing 
     assistance under this chapter concerning the shifting of 
     resources away from the provision of defense articles to 
     economic development purposes.

                  Section 3304--Availability of Funds.

       This section states that funds shall be available to carry 
     out this chapter in amounts as authorized and appropriated. 
     This section further states that amounts made available under 
     this chapter for assistance administered through the 
     Department of Defense are to be separately authorized and 
     appropriated.


  CHAPTER 4--INTERNATIONAL NARCOTICS TRAFFICKING, TERRORISM AND CRIME 
                               PREVENTION

                   Section 3401--Statement of Policy.

       This section contains a statement of policy which cites the 
     threats posed by narcotics trafficking, international 
     terrorism and other forms of international criminal activity 
     and the need for United States bilateral and multilateral 
     assistance and international cooperation to stem all such 
     activity.

                       Section 3403--Authorities.

       This section sets forth the purposes for which anti-
     narcotics, anti-terrorism and anti-crime assistance may be 
     provided which includes enhancing anti-narcotics, anti-
     terrorism, and anti-crime skills of foreign law enforcement 
     forces.

      Section 3402--Provisions related to Anti-narcotics Programs.

       This section sets forth several additional authorities and 
     limitations relating to anti-narcotics programs concerning 
     authority to provide anti-narcotics and anti-narcotics 
     related assistance notwithstanding certain provisions of law, 
     agreements with other countries, contributions by recipient 
     countries to counter-narcotics efforts, monitoring the use of 
     herbicides for aerial eradication of narcotics, limitations 
     on uses of aircraft and other equipment, prohibition on 
     assistance to drug traffickers, and coordination authority of 
     the Secretary of State for all United States assistance to 
     combat illicit narcotics production or trafficking.

     Section 3404--Provisions Related to Law Enforcement Training.

       This section contains additional provisions concerning law 
     enforcement training provided for anti-terrorism and anti-
     crime programs.

      Section 3405--Waiver of Certain Restrictions on Assistance.

       This section provides that the prohibition on assistance 
     for countries in arrears on debts owed to the United States 
     contained in section 7201(a)(7) of the bill and any other 
     similar provisions of law shall not apply to assistance under 
     this chapter.

                  Section 3406--Availability of Funds.

       This section states that funds shall be available to carry 
     out this chapter in amounts as authorized and appropriated. 
     This section further states that amounts made available under 
     this chapter for assistance administered through the 
     Department of Defense are to be separately authorized and 
     appropriated.

              Title IV--Providing Humanitarian Assistance

                   Section 4001--Statement of Policy.

       This section contains a statement of policy regarding the 
     importance of providing humanitarian and crisis assistance in 
     a post Cold War era where the need for such assistance seems 
     to be increasing at a significant pace.


                     CHAPTER 1--REFUGEE ASSISTANCE

            Section 4101--Statement of Policy and Purposes.

       This section authorizes the President to provide refugee 
     and migration assistance, and emergency refugee and migration 
     assistance, to promote the prevention and solution of refugee 
     and other migration problems. The authorities of this section 
     may be exercised notwithstanding any other provision of law.

                  Section 4102--Availability of Funds.

       This section states that funds shall be available to carry 
     out this chapter in amounts as authorized and appropriated.


                     CHAPTER 2--DISASTER ASSISTANCE

                         Section 4201--Policy.

       This section contains a statement of policy regarding the 
     provision of assistance under this chapter.

             Section 4202--Authority to Provide Assistance.

       This section authorizes the President to provide assistance 
     for international relief and rehabilitation assistance 
     relating to natural and manmade disasters, and also 
     authorizes the use of a portion of the funds made available 
     under this chapter for rapid response reconstruction and 
     institution building activities following natural or manmade 
     disasters. Assistance under this chapter may be furnished 
     notwithstanding any other provision of law. This section also 
     allows the President to obligate up to $50,000,000 in any 
     fiscal year of funds appropriated for any other title of this 
     bill to be used for the purposes and under the authorities of 
     this chapter.

                  Section 4203--Availability of Funds.

       This section states that funds shall be available to carry 
     out this chapter in amounts as authorized and appropriated.


                  CHAPTER 3--EMERGENCY FOOD ASSISTANCE

 Section 4301--Statement of Policy Regarding Emergency Food Assistance 
                    Under Public Law 480, Title II.

       This section contains of statement of policy regarding 
     emergency food assistance under Public Law 480, title II.

         Title V--Promoting Growth Through Trade and Investment

                   Section 5001--Statement of Policy.

       This section contains a statement of policy concerning 
     relationship between programs that promote United States 
     trade and investment in developing countries and the economic 
     growth and development of those countries.


           CHAPTER 1--OVERSEAS PRIVATE INVESTMENT CORPORATION

                   Section 5101--Purpose and Policy.

       This section establishes the Overseas Private Investment 
     Corporation (OPIC) and outlines general administrative 
     guidelines for OPIC operations. The section is similar to 
     section 231 of current law with the addition to the purpose 
     section of facilitating competitiveness of the U.S. private 
     sector and promoting U.S. economic growth. The guidelines 
     continue to require that OPIC consider the development impact 
     of each project, and give preferential treatment to 
     investments in the least developed countries. A new guideline 
     is added giving preference to projects involving U.S. 
     exports.

   Section 5102--Investment Insurance, Financing, and other Programs.

       This section authorizes OPIC insurance, financing, 
     investment encouragement and special activities. Subsection 
     (a) authorizes OPIC to issue investment insurance against 
     inconvertibility, expropriation, civil strife, and business 
     interruption; authorizes OPIC to share liabilities with 
     foreign governments and multilateral organizations, and 
     prohibits OPIC from issuing insurance to a single investor 
     for more than 10% of its maximum contingent liability. This 
     section is virtually identical to section 234(a) of current 
     law, except a requirement for OPIC to submit a report to 
     Congress each time it proposes to expand the type of risk 
     insured under ``civil strife'' or ``business interruption'' 
     coverage has been removed. Provisions previously found in 
     section 234(f) authorizing the Corporation to contract with 
     insurance companies or financial institutions, to enter into 
     risk-sharing agreements, and to issue reinsurance have been 
     included in this subsection, in order to bring all insurance 
     authorities into a single subsection. These provisions are 
     virtually identical to section 234(f) of current law.
       This section also authorizes in a single subsection (b) all 
     OPIC investment financing programs thereby bringing together 
     several existing programs. Subsection (b)(1) authorizes a 
     direct lending program previously found in section 234(c) of 
     current law. The direct lending program is improved to make 
     all investment projects eligible for a direct loan. The 
     direct loan is a streamlined financing method which minimizes 
     costly administrative and legal requirements often associated 
     with the guarantee program. (Under the credit reform concept, 
     budgetary differences between direct loans and loan 
     guarantees were eliminated.) In addition, certain 
     restrictions on using direct loans to finance operations for 
     the extraction of oil and gas and other minerals have been 
     removed. Subsection (b)(2) authorizes an equity finance 
     program. This section is similar to section 234(g) of current 
     law, except geographic limitations and consulting 
     requirements have been removed, and the program is made an 
     on-going finance program. Subsection (b)(3) authorizing OPIC 
     to issue investment guarantees is virtually identical to 
     section 234(b) of current law.
       Subsection (c) authorizes OPIC to engage in various 
     investment encouragement activities, virtually identical to 
     section 234(d) of current law, except that certain 
     restrictions on the financing of studies to determine the 
     feasibility of extraction of oil and gas and other minerals 
     have been removed. Subsection (d) authorizes OPIC to 
     administer special assistance programs. This is virtually 
     identical to section 234(e) of current law.

  Section 5103--Enhancing Private Political Risk Reinsurance Industry.

       This section authorizes OPIC to enter into cooperative 
     programs with the private political risk industry and is 
     virtually identical to section 234A(a) of current law, except 
     the requirement for a statutory advisory group is eliminated 
     as part of a government-wide initiative to reduce such 
     activities.

             Section 5104--Issuing Authority and Reserves.

       This section provides for issuing authority and 
     establishment of reserves. Subsection (a) raises the maximum 
     contingent liability for insurance from $9 billion in current 
     law to $15 billion, and authorizes an OPIC finance program 
     level of $5 billion through the period October 1, 1994 to 
     September 30, 1999. This section also extends OPIC's 
     operating authority for five years to September 30, 1999 from 
     September 30, 1994.
       Subsection (b) directs OPIC to maintain appropriate 
     reserves against insurance liabilities similar to section 
     235(c) of current law. Subsection (c) outlines the payments 
     of funds to discharge liabilities and is similar to section 
     235(d) of current law. Subsection (d) states that funds will 
     be made available in authorizing and appropriations 
     legislation to replenish the insurance reserve and is similar 
     to section 235(f) of current law. Subsection (e) authorizes 
     OPIC to issue obligations for purchase by the Secretary of 
     the Treasury to discharge its liabilities when necessary and 
     is virtually identical to section 235(f) of current law.

      Section 5105--Guidelines and Requirements for OPIC Support.

       This section provides general guidelines and requirements 
     for OPIC project support. Subsection (a) directs the 
     Corporation to prepare a development impact profile for each 
     project it insures, reinsures, or finances. This is virtually 
     identical to section 239(h) of current law. Subsection (b) 
     provides that OPIC give preferential treatment to projects 
     involving U.S. small business. This is virtually identical to 
     section 240 and section 231(e) of current law, except that 
     the requirement that up to 50 percent of annual net income be 
     set aside for small business activity has been deleted as 
     adding little to the existing requirements for preferential 
     treatment for small businesses and cooperatives.
       Subsection (c) prohibits the Corporation from insuring, 
     reinsuring or financing any project deemed to pose an 
     environmental, health or safety hazard, or to threaten a 
     national park or projected area. It also provides that OPIC's 
     projects shall be consistent with the objective of resource 
     sustainable development outlined in section 7210 of this 
     bill, that OPIC prepare an environmental impact statement or 
     assessment for each project, and that OPIC notify foreign 
     government officials of applicable World Bank and U.S. 
     standards and guidelines relating to any project. This 
     section is virtually identical to subsections 231(n), 
     237(m), and 239(g) of current law.
       Subsection (d) provides that the Corporation shall take 
     country human rights into account in operation of its 
     program. This section is similar to section 239(i) of current 
     law.
       Subsection (e) restricts OPIC activity to countries taking 
     steps to adopt laws protecting the rights of workers, and 
     requiring specific worker rights contract language. This is 
     virtually identical to section 231A of current law.
       Subsection (f) prohibits OPIC from insuring, reinsuring, or 
     financing an investment that would cause an investor to 
     reduce his workforce in the United States or that would cause 
     a reduction in overall U.S. employment. This section is 
     similar to subsection 231(k) and (l) of current law. This 
     provision adds a new provision which restricts OPIC's 
     activities as it relates to export processing zones.
       Subsection (g), prohibits OPIC from involvement in any 
     investment subject to performance requirements. This is 
     identical to section (m) of current law.
       Subsection (h) prohibits the payment of any claims to, and 
     bars from OPIC eligibility for 5 years, any investor found 
     guilty under the Securities Exchange Act or the Foreign 
     Corrupt Practices Act in connection with an OPIC-supported 
     investment. This language is virtually identical to section 
     237(l) of current law.
       Subsection (i) prohibits OPIC from making any payment for 
     losses incurred due to fraud or misrepresentation. This is 
     identical to section 237(g) of current law.
       Subsection (j) mandates that OPIC hold an annual public 
     hearing. This is identical to section 312(A)(b) of current 
     law.
       Subsection (k) clarifies that restrictions in this or any 
     other Act do not include assistance to the United States 
     private sector provided under this title.


                chapter 2--trade and development agency

                        Section 5201--Purposes.

       This section establishes the Trade and Development Agency 
     as an agency of the United States, under the foreign policy 
     guidance of the Secretary of State, to promote United States 
     private sector participation in developing and middle-income 
     countries.

             Section 5202--Authority to Provide Assistance.

       This section authorizes the Trade and Development Agency to 
     carry out the programs specified in this section. Funds used 
     for the purposes of this section may be made available 
     notwithstanding any other provision of law.

                  Section 5203--Availability of Funds.

       This section states that funds shall be available to carry 
     out this chapter in amounts as authorized and appropriated.


                  chapter 3--role of related programs

 Section 5301--Statement of Policy Regarding Role of P.L. 480 Title I 
                               Programs.

       This section contains a statement of policy regarding the 
     role of P.L. 480 title I programs.

 Section 5302--Statement of Policy Regarding the Role of Export-Import 
                                 Bank.

       This section contains a statement of policy regarding the 
     role of the Export-Import Bank of the United States
       Title VI--Advancing Diplomacy

                   Section 6001--Statement of Policy.

       This section contains a statement of policy stressing that 
     diplomacy is a cost-effective instrument of foreign policy 
     and is essential to the realization of each of the five 
     titles of this bill, and that advancing diplomacy in these 
     five areas will require funds that can be used flexibly, 
     national consensus in support of American foreign policy 
     goals, modern technology and infrastructure to support 
     foreign and civil service professionals and greater 
     harmonization of our foreign affairs institutions and 
     instruments.

Title VII--Special Authorities, Restrictions on Assistance, and Reports


                     chapter 1--special authorities

         Section 7101--Authority to Transfer between Accounts.

       This section, based on current section 610 of the Foreign 
     Assistance Act, provides authority to transfer funds between 
     accounts, subject to notification in advance of the 
     Committees on Foreign Affairs and Appropriations of the House 
     of Representatives, and the Committees on Foreign Relations 
     and Appropriations of the Senate. As under the current 
     section 610, there would be a cap of twenty percent on the 
     amount that could be transferred into any account under the 
     authority of this section and no account could be decreased 
     by more than 10 percent; the existing limitations on 
     transferring funds from development assistance are 
     retained. A departure from current law is that the 
     percentage limitations do not apply to transfers for 
     peacekeeping purposes or for building democracy programs 
     under title II of the bill.

                Section 7102--Special Waiver Authority.

       This section, based on current section 614 of the Foreign 
     Assistance Act, provides authority to take certain actions 
     without regard to certain provisions of law upon an 
     appropriate determination by the President. The exercise of 
     this authority is subject to a requirement that the President 
     consult with, and provide a written policy justification to, 
     the Committees on Foreign Affairs and Appropriations of the 
     House of Representatives, and the Committees on Foreign 
     Relations and Appropriations of the Senate.

               Section 7103--Unanticipated Contingencies.

       This section, based on current section 451 of the Foreign 
     Assistance Act, provides authority to use funds under the 
     bill in order to furnish, for any unanticipated contingency, 
     assistance authorized by any provision of the bill, in 
     accordance with the provisions applicable to furnishing such 
     assistance. Such assistance may be furnished notwithstanding 
     any other provision of law. This provision would increase the 
     annual cap on the use of this authority from $50 million 
     under current section 451 to $100 million.

         Section 7104--Assistance for Law Enforcement Agencies.

       This section contains the circumstances under which 
     assistance in support of law enforcement functions may be 
     provided.

                  Section 7105--Termination Expenses.

       This section, based on current section 617 of the Foreign 
     Assistance Act, provides authority to conduct an orderly 
     wind-up of programs following the termination of assistance 
     to a country. The section clarifies existing wind-up 
     authorities as they pertain to the expenditure of previously 
     appropriated funds, and with respect to guarantees.

     Section 7106--Exemption of Assistance through Nongovernmental 
                             Organizations.

       This section provides that restrictions on assistance to 
     countries shall not be construed to restrict assistance under 
     the bill in support of programs of nongovernmental 
     organizations.

   Section 7107--Exemption of Training Activities from Prohibitions.

       This section provides that restrictions on assistance shall 
     not be construed to prohibit assistance for training 
     activities under the bill for certain countries described 
     therein.

    Section 7108--Nonapplicability to Defense Assistance of Certain 
                       Neutrality Act Provisions.

       This section provides that functions authorized under the 
     Foreign Assistance Act may be performed without regard to 
     such provisions as the President may specify of the 
     Neutrality Act of 1939.

  Section 7109--Exemption from Prohibitions for Assistance to Address 
                         Certain Special Needs.

       This section exempts certain programs (e.g., child survival 
     activities, population, AIDS) from prohibitions on the 
     provision of assistance unless the prohibition is made 
     specifically applicable to such programs.

       Section 7110--Authority to Conduct Reimbursable Programs.

       This section, very similar to section 607 of the current 
     Foreign Assistance Act, authorizes any agency of the United 
     States to provide services, and articles on a reimbursable 
     basis to friendly countries, international organizations and 
     arrangements, and nongovernmental organizations.

                   Section 7111--Drawdown Authority.

       This section, similar to section 506 of current law, 
     authorizes the President to draw down articles and services 
     from the Department of Defense in the case of unforeseen 
     emergencies, or for disaster or refugee purposes, or for 
     programs under chapter 4 of title III of the bill.

   Section 7112--Interest Accruing to Nongovernmental Organizations.

       This section authorizes nongovernmental organizations to 
     deposit grant funds, or local currencies which may accrue to 
     the organization under various programs, to retain interest 
     earned on those funds and currencies for use for the purposes 
     for which assistance to that organization was provided, 
     including for the establishment and support of an endowment.

                  Section 7113--Development Education.

       This section authorizes the President to support 
     development education programs, and is similar to the 
     provisions of section 316 of the International Security and 
     Development Cooperation Act of 1980.

      Section 7114--Strengthening the Capacity of Nongovernmental 
    Organizations, Including Research and Educational Institutions.

       This section authorizes the President to support programs 
     of strengthening the capacity of nongovernmental 
     organizations, including research and educational 
     institutions. This section is similar to section 122(d) of 
     the current Foreign Assistance Act.

      Section 7115--Violations of International Humanitarian Law.

       This section authorizes the President to use certain funds 
     made available under title III of the bill, as well as the 
     drawdown authority contained in that title, to support the 
     activities of international tribunals to investigate or 
     prosecute persons responsible for violations of international 
     humanitarian law.

 Section 7116--Laws Relating to Contracts and Government Expenditures.

       This section provides the President with the authority to 
     waive certain provisions of law governing the making, 
     performance, amendment, or modification of contracts and the 
     expenditure of funds, except for provisions contained in 
     section 8551(a)(7). This provision is essentially the same as 
     section 633(a) of the Foreign Assistance Act.

  Section 7117--Transportation Charges Incurred by the Red Cross and 
                     Nongovernmental Organizations.

       This section provides the authority to use funds to pay the 
     transportation costs, incurred by the Red Cross and other 
     nongovernmental organizations, of voluntary contributions 
     made to those organizations. The authority is similar to 
     section 123(b) of the Foreign Assistance Act.


                 chapter 2--restrictions on assistance

                  Section 7201--Ineligible Countries.

       This section provides that assistance may generally not be 
     furnished to the government of a country that is a communist 
     country, a country the government of which engages in a 
     consistent pattern of gross violations of human rights, a 
     country that has taken certain actions with regard to the 
     expropriation of the property of United States persons, a 
     country whose duly-elected head of government is deposed by 
     military coup or decree, a country whose government the 
     President determines repeatedly provides support for acts of 
     international terrorism, certain major drug-producing or 
     major drug-transit countries, and a country in arrears on 
     certain debt owed to the United States. There are exceptions 
     to these restrictions for cases in which the President 
     determines that the furnishing of assistance is important to 
     the national interests of the United States, to alleviate 
     suffering resulting from a disaster, to directly benefit the 
     needy, for assistance for refugees and displaced persons, and 
     to promote human rights and democracy.

  Section 7202--Impact of Foreign Assistance Programs on Jobs in the 
                             United States.

       This section is a restatement of current law regarding the 
     impact of foreign assistance programs on jobs in the United 
     States. While this section states that the paragraph on 
     workers rights does not preclude assistance for the informal 
     sector, micro- and small-enterprise, and small-holder 
     agriculture, there is no intent to condone such practices 
     even at those levels of economic activity. Rather, it is a 
     recognition that the nature of those small-scale activities, 
     and the administrative cost of ensuring compliance with such 
     a standard, may make implementation of any of these 
     activities impossible. If it becomes known, however, that a 
     project is supporting significant violations of workers 
     rights, assistance to that project would be terminated.

               Section 7203--Family Planning Activities.

       This section sets forth restrictions on the use of funds 
     made available to carry out this bill for certain family 
     planning activities.

         Section 7204--Competition with United States Exports.

       This section describes considerations that the President 
     should take into account in providing assistance under the 
     bill with respect to certain export-related activities.

                Section 7205--Nuclear Nonproliferation.

       This section is essentially a restatement of the current 
     law restrictions involving nuclear nonproliferation. This 
     section also includes the existing prohibition on assistance 
     and military sales and transfers made by the United States 
     Government to Pakistan.

 Section 7206--Major Illicit Drug Producing and Drug Transit Countries.

       This section sets forth criteria applicable in determining 
     whether a country is covered by the prohibition on assistance 
     under section 7201(a)(6), relating to major illicit drug 
     producing and drug transit countries. The section further 
     authorizes the President to withhold fifty percent of 
     assistance to any such country until a determination is made 
     under this section.

                Section 7207--Assistance for Elections.

       This section provides that economic assistance used to 
     enhance the independence and performance of electoral 
     processes may not be used for the purpose of influencing the 
     outcome of any election in any country. This provision is 
     similar to the requirement contained in current section 
     116(e) of the Foreign Assistance Act.

                 Section 7208--Assignment of Personnel.

       This section, which is based on current section 503(a)(2) 
     of the Foreign Assistance Act and section 21(c)(1) of the 
     Arms Export Control Act, restricts the performance of duties 
     of a combatant nature. The provisions of current law have 
     been interpreted as not prohibiting the performance of such 
     duties by U.S. personnel during periods in which the United 
     States is itself involved in combat, but there are additional 
     situations in which the application of this restriction would 
     be in the national interest of the United States, and an 
     appropriate waiver provision has therefore been added.

         Section 7209--Assistance Limited to Economic Programs.

       This section states that title I funds may not be used for 
     military or paramilitary purposes. This section clarifies 
     current limitations by specifically excluding sustainable 
     development training, as well as other sustainable 
     development activities, under title I that may involve 
     military personnel, from the prohibition in this section.

     Section 7210--Impact of Sustainable Development Assistance on 
                   Environment and Natural Resources.

       This section, based on the current section 117 of the 
     Foreign Assistance Act, requires certain environmental 
     reviews of sustainable development programs.


            chapter 3--reports and notifications to congress

          Section 7301--Congressional Presentation Documents.

       This section contains requirements for submission of 
     congressional presentation documents for most programs 
     contained in the bill.

             Section 7302--Human Rights Policy and Report.

       This section sets forth the sense of the Congress regarding 
     respect for human rights and fundamental freedoms throughout 
     the world, and reflects the importance human rights and 
     related concerns should play in formulating and conducting 
     United States assistance and military sales programs. 
     Subsection (d) requires the submission of annual human rights 
     report not later than February 28 each year.

         Section 7303--International Narcotics Control Report.

       This section on annual narcotics control report to be 
     submitted to the Congress by March 1.

                Section 7304--Annual Allocation Report.

       This section, based on current section 653(a) of the 
     Foreign Assistance Act, requires an annual report not later 
     than 30 days after the enactment of any law appropriating 
     funds to carry out any provision of this bill.

             Section 7305--Notification of Program Changes.

       This section contains notification of program change 
     requirements for most programs in the bill. The section 
     modifies current law only with respect to sustainable 
     development programs.

    Section 7306--Evaluation and Monitoring of Program Performance.

       This section directs that a program performance, 
     monitoring, and evaluation capacity be established within the 
     Agency for International Development.

                     Title VIII--General Provisions


           chapter 1--exercise and coordination of functions

              Section 8101--Delegations by the President.

       This section generally retains the language in section 
     621(a) of current law. It authorizes the President to carry 
     out provisions of this bill through any U.S. Government 
     agency or officer.

             Section 8102--Role of the Secretary of State.

       This section generally retains the language in section 
     622(c) of current law concerning the role of the Secretary of 
     State in supervising and directing assistance under this 
     bill.

                Section 8103--The Secretary of Defense.

       This section generally retains the language in section 623 
     of current law concerning the responsibility of the Secretary 
     of Defense with respect to assistance under the bill 
     administered by the Department of Defense.

   Section 8104--United States Agency for International Development.

       This section establishes the United States Agency for 
     International Development as an agency of the United States 
     under the foreign policy guidance and subject to the 
     supervision and direction of the Secretary of State.

 Section 8105--The Director of the Arms Control and Disarmament Agency.

       This section retains language in section 511 of current law 
     concerning the role of the Director of the Arms Control and 
     Disarmament Agency in decisions to provide assistance under 
     this bill administered through the Department of Defense.

          Section 8106--Authority to Establish Offices Abroad.

       This section essentially retains provisions of sections 
     631(a) of current law. It authorizes the President to 
     establish offices and staffs abroad to carry out the purposes 
     of this bill.

        Section 8107--Presidential Findings and Determinations.

       This section is based on current law (sections 654 (a) and 
     (b)) and procedures concerning findings and determinations 
     required in foreign assistance legislation which must be 
     reported to Congress. This provision does not affect on 
     presidential findings concerning covert operations which 
     remain subject to the reporting requirements of section 501 
     of the National Security Act of 1947.


                 chapter 2--administrative authorities

                   Subchapter A--General Authorities

  Section 8201--Allocation of Funds and Reimbursement Among Agencies.

       This section expands slightly the provisions of section 632 
     of current law. The President, or, with respect to funds 
     appropriated to any agency, the head of such agency (as the 
     case may be), is allowed to allocate or transfer to the U.S. 
     Government agency any of the funds made available to carry 
     out this or any other bill to procure commodities, services, 
     defense articles, or defense services. This section lays out 
     technical provisions concerning procurement from other 
     agencies, reimbursement to agencies, establishment of 
     accounts, and charges to appropriations.

                   Section 8202--General Authorities.

       This section provides general authorities for carrying out 
     this bill. These authorities follow the lines of section 635 
     of current law. They include authority to furnish assistance 
     on a grant, loan, or guaranty basis, or as a contribution to 
     an international organization or arrangement. They also 
     include provisions relating to: the terms and conditions of 
     assistance; contracting; receipt of gifts; health and 
     accident insurance for foreign employees and participants; 
     U.S. admission of alien participants; credit authorities; 
     authority to transfer or merge funds made available under 
     this bill with former FMF accounts; guarantees; claims 
     related to guarantees; indirect costs of educational 
     institution; and multi-year commitments. Subsection (i) 
     authorizes the use of funds made available under this bill 
     for the subsidy cost of credit activities to carry out the 
     bill's purposes (including a loan program to finance the 
     purchase of defense articles and services) subject to the 
     provisions of the Federal Credit Reform Act of 1990. This 
     section deletes the provision contained in current law which 
     prohibited the use of funds to take equity positions in 
     organizations.

         Section 8203--Authorized Administrative Uses of Funds.

       This section generally follows section 636 of current law. 
     Authorities retained, and in some instances clarified, 
     include those relating to: compensation of personnel and for 
     support costs; procurement of administrative supplies and 
     services; travel; housing; purchase and maintenance of motor 
     vehicles; construction of facilities; education of 
     dependents; training of personnel; and other operating 
     authorities. Authority relating to compensation of personnel 
     and for support costs is likely to be used for programs under 
     chapters 2 and, with regard to international narcotics 
     programs, 4 of title III and chapter 1 of title IV of the 
     bill. Dollar limitations with respect to the construction of 
     support facilities and schools for dependents are not 
     retained.

     Subchapter B--Department of Defense Administrative Authorities

                 Section 8211--Administrative Expenses.

       This section authorizes as in current law the use of funds 
     allocated to the Department of Defense for the purpose of 
     providing assistance under this bill for administrative, 
     extraordinary and operating expenses incurred in furnishing 
     assistance administered through the Department of Defense, 
     expense reimbursement of certain military officers, and 
     maintenance and furnishing of U.S.-owned facilities for 
     training foreign military and related civilian personnel.

            Section 8212--End Use and Retransfer Assurances.

       This section contains conditions in current law (section 
     505) under which defense articles or defense services may be 
     made available under this bill requiring U.S. consent to 
     retransfer the articles or services or use them for purposes 
     other than for which furnished, and maintain the security of 
     such articles or services. Section (b) sets forth the 
     requirement that assistance be terminated to a country for 
     unauthorized transfer or use of such articles or services, or 
     for failing to maintain the security of such articles or 
     services. Subsection (c) sets forth an exception to the 
     requirement for U.S. consent in certain cases.

           Section 8213--Approval of Third Country Transfers.

       This section sets forth the current law standards (section 
     505) to be applied in approving a transfer of implements of 
     war and significant military equipment to another country.

                    Section 8214--Exchange Training.

       This section continues current law authority (section 544) 
     for the attendance of foreign military personnel at 
     professional military education institutions in the U.S. 
     under certain terms and conditions regarding reciprocity.


      chapter 3--special requirements and authorities relating to 
                  appropriations and local currencies

          Subchapter A--Provisions Relating to Appropriations

     Section 8301--Requirement for Authorization of Appropriations.

       This section sets forth the current law requirement for the 
     specific authorization of funds for foreign assistance, and 
     provides circumstances under which this limitation shall not 
     apply.

    Section 8302--Authority for Extended Period of Availability of 
                            Appropriations.

       This section authorizes amounts appropriated to carry out 
     this bill to remain available until expended.

                  Section 8303--Reduction in Earmarks.

       This section contains two authorities regarding earmarks of 
     funds. Subsection (a) authorizes the proportion reduction of 
     earmarks in the event that the amount appropriated for the 
     account being earmarked is less than the amount authorized 
     for that account. Subsection (b) states that earmarked funds 
     may be made available notwithstanding the earmark if 
     compliance with the earmark is made impossible by operation 
     of law or the President determines that the country or 
     organization for which the funds are earmarked has 
     significantly reduced its military, political, or economic 
     cooperation with the United States.

              Section 8304--Obligation Upon Apportionment.

       This section provides discretionary authority for funds 
     appropriated to carry out this bill to be obligated upon 
     their apportionment.

                     Subchapter B--Local Currencies

            Section 8311--Use of Certain Foreign Currencies.

       This section amends and updates section 612 of current law. 
     It authorizes the use of United States owned excess foreign 
     currencies to provide economic assistance.

    Section 8312--Interest on U.S. Owned Foreign Currency Proceeds.

       This section retains a similar provision in section 612 of 
     current law. It states that agreement switch respect to 
     assistance that will result in the accrual of foreign 
     currency proceeds should include provisions for the receipt 
     of such interest income on such proceeds.


           chapter 4--procurement and disposition of articles

                Section 8401--Use of Private Enterprise.

       This section amends provisions in current law, in sections 
     601(b)(5) and (8), 602(c), and 621(a) of current law. It 
     directs the President to encourage and facilitate 
     participation by private enterprise in achieving the purposes 
     of the bill. It encourages the use of contracts, including 
     cost-plus incentive fee contracts, to provide the technical 
     skills, goods and professional services needed in such fields 
     as education, health, housing, and agriculture. It also 
     requests that the President ensure that U.S. suppliers, 
     especially small independent enterprises, are kept informed 
     as to expected purchases of defense articles and services by 
     the Department of Defense pursuant to this bill.

          Section 8402--Procurement Standards and Procedures.

       This section largely restates section 604 of current law, 
     regarding the requirement to procure commodities from the 
     United States. With regard to OPIC activities, the 
     requirements of this section insofar as they might affect 
     downstream procurement by OPIC borrowers are superseded by 
     section 3106 of this bill.

            Section 8403--Shipping on United States Vessels.

       This section exempts certain goods acquired with foreign 
     currencies from U.S. flag vessel cargo preference 
     requirements and is identical to section 603 of current law. 
     Also, this section allows the use of foreign assistance funds 
     to pay ocean freight differentials that may exist between 
     United States and foreign flag carriers on shipments that are 
     subject to cargo preference requirements, similar to the 
     authority contained in section 640C of current law.

           Section 8404--Excess and Other Available Property.

       This section sets forth policy with respect to the use of 
     excess and other available property (other than excess 
     property of the Department of Defense). It provides authority 
     for the acquisition of government-owned excess property and 
     use as assistance in the furtherance of the purposes of this 
     bill. Sections 607(c) and 608 of current law are rewritten 
     and expanded by this provision.

        Section 8405--Grant Transfers of Excess Defense Articles.

       This section modifies current authorities to transfer 
     excess defense articles (contained in sections 516, 517, 518 
     and 519) to countries for which receipt of such articles was 
     separately justified in the fiscal year in which the transfer 
     is authorized as may be necessary to carry out the purposes 
     of titles II or III of this bill. It provides new authority 
     for the Department of Defense to provide transportation under 
     limited circumstances.

  Section 8406--Stockpiling of Defense Articles for Foreign Countries.

       This section contains restrictions on the transfer of 
     defense articles contained in dual-use stockpiles.

                 Section 8407--Location of Stockpiles.

       This section contains provisions that govern the location 
     of stockpiles.

             Section 8408--Additions to War Reserve Stocks.

       This section contains provisions regarding the ceilings on 
     the value of defense articles that can be added to dual-use 
     stockpiles

      Section 8409--Retention and Use of Certain Items and Funds.

       This section authorizes the retention, transfer, use, or 
     disposal of any commodities or defense articles procured for 
     a foreign country or international organization when changing 
     circumstances make it inadvisable to furnish such commodities 
     or defense articles. This section generally follows the 
     provisions of section 605 of current law.


            chapter 5--personnel and administrative expenses

                         Subchapter A--General

   Section 8501--Statutory Officers in the Agency for International 
                              Development

       This section generally follows section 624 (a) and (b) of 
     current law. It permits the President to appoint 12 statutory 
     officers in the Agency for International Development, with 
     the advice and consent of the Senate. The President may 
     designate titles and fix the order of succession among the 
     officers appointed.

                 Section 8502--Employment of Personnel.

       This section rewrites and generally retains many of the 
     provisions of section 625 of current law. It authorizes the 
     hiring of personnel to carry out certain functions under the 
     bill. It sets forth compensation assistance functions, 
     performance functions outside the United States, and 
     reemployment rights.

       Section 8503--Experts, Consultants, and Retired Officers.

       This section authorizes the employment of individual 
     experts and consultants and organizations thereof. It covers 
     reimbursement for expenses and employment of certain persons 
     without compensation.

     Section 8504--Detail of Personnel to Foreign Governments and 
                      International Organizations.

       This section authorizes the detail of personnel to foreign 
     governments and international organizations to assist in 
     carrying out the purposes of this bill. This section 
     consolidates provisions of sections 627, 628, 629, and 630 of 
     current law, including the status of personnel detailed, 
     retention of benefits, allowances, and terms of detail. The 
     current prohibition on acceptance of compensation or other 
     benefits from foreign governments, retained in the bill, does 
     not include payment of travel expenses for detailees.

                 Section 8505--Head of Offices Abroad.

       This section retains section 631(b) of current law 
     authorizing the President to appoint heads of offices abroad, 
     including provision for compensation and allowances.

    Section 8506--Chairman of OECD Development Assistance Committee.

       This section retains section 631(c) of current law 
     authorizing the President to appoint the Chairman of the 
     Development assistance Committee of the Organization for 
     Economic Cooperation and Development and provides for the 
     compensation and allowances the person so appointed is to 
     receive.

      Section 8507--Assignment of DOD Personnel to Civil Offices.

       This section retains section 633(c) of current law 
     authorizing the President to detail Department of Defense 
     personnel to civil offices to carry out the purposes of this 
     bill.

Section 8508--Discrimination Against United States Personnel Providing 
                              Assistance.

       This section is based on sections 666 and 505(g) of current 
     law. It states that the President should not take into 
     account race, religion, national origin, or sex in assigning 
     officers or employees to carry out any assistance programs 
     funded by this bill in any foreign country, and that such 
     assignments should be made solely on the basis of ability and 
     relevant experience. This section affirms U.S. policy that 
     assistance should not be provided to any country which 
     prevents any U.S. person from participating in the furnishing 
     of assistance on the basis of race, religion, national 
     origin, or sex.

 Section 8509--Availability of Funds for Operating Expenses Generally.

       This section states that funds shall be available to carry 
     out this chapter in amounts as authorized and appropriated.

   Section 8510--Availability of Funds for Operating Expenses of the 
                           Inspector General.

       This section states that funds shall be available to carry 
     out this chapter in amounts as authorized and appropriated.

                  Section 8511--Availability of Funds.

       This section provides authority for the Agency for 
     International Development to obligate and expend funds in 
     advance of appropriations to maintain operations abroad for 
     up to three days.

  Subchapter B--Overseas Management of Assistance and Sales Programs 
             Administered Through the Department of Defense

                  Section 8521--Authorized Functions.

       This section authorizes the President to assign members of 
     the Armed Forces to a foreign country to perform certain 
     functions. It also provides that advisory and training 
     assistance conducted by members of the Armed Forces under 
     this chapter shall be kept to an absolute minimum.

                          Section 8522--Costs.

       This section governs costs of overseas management and sales 
     programs under this chapter.

                Section 8523--Role of Chief of Mission.

       This section provides that members of the Armed Forces 
     assigned to a foreign country under this chapter shall serve 
     under the direction and supervision of the Chief of the 
     United States Diplomatic Mission to that country.

 Subchapter C--Administrative Provisions for the Trade and Development 
                                 Agency

                 Section 8531--Director and Personnel.

       This section states that the head of the Trade and 
     Development Agency is a Director to be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The section contains further personnel authorities.

                         Section 8532--Audits.

       This section provides for an independent annual financial 
     and compliance audit of the financial statements the Trade 
     and Development Agency.

                      Section 8533--Annual Report.

       This section contains a requirement for an annual report to 
     be prepared by TDA.

   Subchapter D--Administrative Provisions for the Overseas Private 
                         Investment Corporation

                Section 8541--Stock of the Corporation.

       This section states that the Secretary of the Treasury 
     shall hold OPIC's capital stock. The language updates section 
     232 of current law by striking the reference to OPIC's start-
     up capital and initial issuance of stock.

               Section 8542--Organization and Management.

       This section establishes a Board of Directors and outlines 
     the appointment of the President and Executive Vice President 
     and the hiring of staff. The provisions are similar to 
     section 233 of current law.

                   Section 8543--Income and Revenues.

       This section outlines the uses of OPIC's income and 
     revenues and is similar to section 236 of current law. To 
     fulfill its self-sustaining mandate, the Corporation shall 
     pay administrative expenses from Corporation revenue and 
     income.

 Section 8544--General Provisions Relating to Insurance and Financing 
                                Program.

       This section provides general provisions on program 
     operations. Subsection (a) prohibits OPIC from supporting 
     projects in any country unless OPIC has signed a bilateral 
     agreement with respect to OPIC activity. It is virtually 
     identical to section 237(a) of current law.
       Subsection (b) directs OPIC to ensure that the interests of 
     the Corporation are adequately protected. This is virtually 
     identical to section 237(b) of current law.
       Subsection (c) pledges the full faith and credit of the 
     United States for OPIC insurance and guarantees. This is 
     virtually identical to section 237(c) of current law.
       Subsection (d) permits the charging of fees for OPIC 
     services. This is similar to section 237(d) of current law.
       Subsection (e) limits OPIC insurance, reinsurance and 
     financing to 20 years and is similar to section 237(e) of 
     current law.
       Subsection (f) outlines the amount of compensation OPIC may 
     pay on its insurance, reinsurance or guarantees. This section 
     is similar to section 237(f) of current law.
       Subsection (g) limits the extent of OPIC insurance, 
     reinsurance or guarantees of investments in foreign banks or 
     financial institutions. This is virtually identical to 
     section 237(h) of current law.
       Subsection (h) authorizes the Corporation to arbitrate 
     claims arising from its programs and is virtually identical 
     to section 237(i) of current law.
       Subsection (i) states that each OPIC contract shall be 
     presumed to be in compliance with statue. This is virtually 
     identical to section 237(j) of current law.
       Subsection (j) provides penalties for fraud. This is 
     identical to section 237(n) of current law.
       Subsection (k) clarifies use of OPIC's authority to protect 
     the value of local currency received as salvage on insurance 
     claims in making direct loans or investments of local 
     currency in the local economy. This is similar to section 
     237(o) of current law.
       Subsection (l) clarifies termination of contracts or 
     commitments where assistance is terminated.

              Section 8545--General Provisions and Powers.

       This section provides general Corporation operating 
     provisions and powers. Subsection (a) establishes the 
     Corporation in the District of Columbia. This is virtually 
     identical to section 239(a) of current law.
       Subsection (b) provides for an annual independent audit of 
     OPIC and for audits by the Comptroller General when necessary 
     or by Congressional request. This section is similar to 
     section 239(c) of current law, except that it requires annual 
     audits instead of once every three years.
       Subsection (c) delineates OPIC's corporate powers and is 
     similar to section 239(d) of current law.
       Subsection (d) authorizes investigations by the Inspector 
     General and is similar to section 239(e) of current law.
       Subsection (e) provides an exemption from state and local 
     taxation. It is virtually identical to section 239(j) of 
     current law.

        Section 8546--Annual Report; Maintenance of Information.

       This section requires submission of a report to Congress 
     and maintenance of certain information. Subsection (a) 
     directs the President to submit an annual report to Congress 
     and subsection (b) mandates that each annual report contain a 
     projection of the aggregate U.S. employment effects of all 
     OPIC projects. These sections are similar to sections 240A(a) 
     and (b) of current law except certain reporting requirements 
     are modified to report in the aggregate rather than per 
     project.
       Subsection (c) requires OPIC to maintain information on its 
     projects and their employment and development effects. This 
     section is virtually identical to section 240A(d) of current 
     law.
       Subsection (d), protects certain information from public 
     disclosure. This is virtually identical to section 240A(f) of 
     current law.

                       Section 8547--Definitions.

       This section defines certain terms used in this title and 
     is similar to section 238 of current law.

         Subchapter E--Definitions and Miscellaneous Provisions

                       Section 8551--Definitions.

       This section provides definitions of terms used in this 
     bill.

    Section 8552--Activities Under Certain Other Laws not affected.

       This section provides that unless expressly provided to the 
     contrary, provisions of this bill and other provisions 
     applicable to foreign assistance shall not be construed to 
     prohibit activities authorized by or conduced under the Acts 
     and programs specified in this section. Under this section, 
     legislation that prohibits assistance under ``this or any 
     other Act'' (or comparable formulation) would apply to 
     activities authorized by or conducted under the statutes 
     and programs specified in section 8552 only if the 
     legislation also specifically identified each statute or 
     program as subject to the prohibition.

             Title IX--Technical and Conforming Provisions

                     Section 9101--Effective Date.

       This section establishes the effective date of the bill as 
     October 1, 1994.

                   Section 9102--Savings Provisions.

       This section contains savings provisions to allow 
     continuity of operations once the new legislation is enacted 
     into law.

                Section 9103--Miscellaneous Provisions.

       This section contains various miscellaneous provisions 
     related to other provisions in the bill.

             Section 9104--Conforming and Other Amendments.

       This section makes conforming and other amendments to other 
     provisions of law.

        Section 9105--Transition Rules for Military Assistance.

       This section contains special transition rules applicable 
     to military assistance programs.

              Section 9106--Repeal of Obsolete Provisions.

       This section repeals various obsolete provisions of law. 
     Except where inconsistent with the provisions of this title, 
     the repeal by this section of any provision of law that 
     amended or repealed another provision of law does not affect 
     in any way that amendment or repeal.
                                  ____



                                       The Secretary of State,

                                 Washington, DC, February 2, 1994.
     Hon. Al Gore,
     President of the Senate.
       Dear Mr. President: On behalf of the President, I hereby 
     transmit the proposed Peace, Prosperity and Democracy Act of 
     1994, which represents new permanent charter legislation for 
     international cooperation and assistance programs and 
     activities. The bill would replace the Foreign Assistance Act 
     of 1961, as amended, and would also amend or repeal other 
     relevant statutory provisions affecting international 
     assistance programs. Specific authorizations for funding 
     levels would be provided in separate annual or biennial 
     authorization acts.
       The proposed legislation responds to the historic changes 
     in the world over the past several years, and the 
     opportunities and challenges those changes present for the 
     United States. The bill is premised on the view that our 
     overseas programs should serve both our vital domestic 
     interests and our commitment to a more democratic, prosperous 
     and secure international community. The end of the Cold War 
     enables us to focus on these ends, and the bill will give us 
     the means to work in partnership with nations that truly care 
     about democratic and economic development and the peace and 
     security of their societies, as well as the world, in a 
     manner consistent with the most fundamental interests of the 
     United States.
       To this end, the bill sets forth a comprehensive 
     legislative framework that substantially reduces the number 
     of accounts, restructures them according to six major 
     thematic objectives, and strengthens authorities for United 
     States international cooperation and assistance programs. The 
     programs will therefore be more accountable for achieving 
     measurable results, and will reflect better to the Congress 
     and the American people how these objectives are served by 
     United States international cooperation.
       The first five titles of the bill contain authorities to 
     achieve the following objectives: Title I, Sustainable 
     Development; Title II, Building Democracy; Title III, 
     Promoting Peace; Title IV, Providing Humanitarian Assistance; 
     and Title V, Promoting Growth through Trade and Investment. 
     Title VI (Advancing Diplomacy) addresses the crucial 
     relationship between diplomacy and the achievement of the 
     goals contained in titles I-V.
       Title VII contains special authorities, restrictions and 
     reporting requirements concerning the provision of 
     assistance. Title VIII contains necessary administrative 
     authorities and Title IX sets forth savings provisions, 
     repeals of previously enacted laws, and amendments to conform 
     existing law to the provisions of this bill.
       This bill is the result of a thorough assessment of the 
     statutory authorities and flexibility needed to implement a 
     new, effective post-Cold War foreign policy. It also reflects 
     views expressed in bipartisan consultations with the 
     Congress, and the contributions of many concerned outside 
     groups and non-governmental organizations. I urge prompt 
     enactment of this bill.
       The Office of Management and Budget advises that there is 
     no objection to the presentation of this proposed legislation 
     to Congress and that its enactment would be in accord with 
     the program of the President.
           Sincerely,
                                               Warren Christopher.
                                 ______

      By Mr. MITCHELL (for himself and Mr. Chafee):
  S. 1857. A bill to authorize appropriations to assist in carrying out 
the North American Wetlands Conservation Act for fiscal year 1995 
through fiscal year 2000, and for other purposes; to the Committee on 
Environment and Public Works.


    north american wetlands conservation reauthorization act of 1994

  Mr. MITCHELL. Mr. President, today I join my colleague from the 
Environment and Public Works Committee, Senator Chafee, in introducing 
legislation to extend and improve the North American Wetlands 
Conservation Act before its spending authorization expires at the end 
of 1994.
  I introduced the North American Wetlands Conservation Act in 1989 to 
protect, enhance, and restore North American wetland ecosystems and the 
migratory birds and other fish and wildlife that depend on these 
habitats. More than one-third of all rare and endangered species of 
plants and animals are dependent on wetland ecosystems.
  The destruction of wetlands in the United States, where many 
migratory bird species breed, spells disaster for these species just as 
surely as the destruction of forests in Central and tropical South 
America, where they winter. From the mid-1950's to the mid-1970's, 9 
million acres of wetlands were drained, filled, and cleared in the 
lower 48 States. Less than half of the original 200 million acres 
remain, and the destruction continues today at a rate of nearly 300,000 
acres per year.
  The North American Wetlands Conservation Act began a long-term 
commitment between the United States, Canada, and Mexico to implement 
the North American Waterfowl Management Plan to halt the decline of 
many species of ducks, geese, and other migratory birds. The act 
provides a mechanism for transfer of United States funds to Canada and 
Mexico, so that critical habitat throughout North America can be 
protected.
  A key component of the act is to encourage public/private 
partnerships for wetlands conservation projects in the United States, 
Canada, and Mexico. We cannot effectively conserve any of our natural 
resources without the participation of not only the national 
Government, but also with the involvement of State, provincial, 
territorial and local governments, and private individuals, 
conservation organizations, and businesses.
  These partnerships, with groups such as The Nature Conservancy and 
Ducks Unlimited, have proved very fruitful in wetlands conservation. 
From 1991 through the present, the North American Wetlands Conservation 
Act has stimulated over 300 partnerships and more than $160 million 
from non-Federal entities to protect and promote the conservation of 
almost 7 million acres of wetlands. In Maine's Cobscook Bay, a Federal 
contribution of $550,000 attracted over $1.3 million from the Maine 
chapter of the Nature Conservancy and other non-Federal partners for 
nearly 2,000 acres of wetland protection.
  Nevertheless, North American duck populations are still below the 40-
year average. Much work remains to be done to reach our goal of 
restoring waterfowl numbers to the levels that existed two decades ago. 
As more and more people move to coastal areas like Maine, coastal 
wetlands will be increasingly threatened. We are always learning about 
other values of wetlands aside from habitat for waterfowl. Wetlands are 
valuable because of the roles they play in flood control and water 
recharge as well.
  For that reason, today Senator Chafee and I are introducing 
legislation which would keep the key elements of the North American 
Wetlands Conservation Act, but increase the authorization for the act 
from $15 to $20 million for 1995 and 1996, and up to $40 million in the 
year 2000. I urge all of my colleagues to join me in supporting this 
most effective and efficient program. Mr. President, I ask unanimous 
consent that my statement, Senator Chafee's statement, and the full 
text of the bill be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1857

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That 
     section 7(c) of the North American Wetlands Conservation Act 
     (16 U.S.C. 4406(c)) is amended by striking ``not to exceed 
     $15,000,000 for each of fiscal years 1991, 1992, 1993, and 
     1994'' and inserting in lieu thereof ``not to exceed 
     $20,000,000 for fiscal years 1995 and 1996, $30,000,000 for 
     fiscal years 1997 and 1998, and $40,000,000 for fiscal years 
     1999 and 2000.''

  Mr. CHAFEE. Mr. President, today, I am pleased to introduce, along 
with my distinguished colleague Senator Mitchell, a bill to reauthorize 
the North American Wetlands Conservation Act--a true wetlands success 
story. This is a voluntary, nonregulatory wetlands protection program 
that has the support of private landowners, hunter, bird watchers, and 
resource agencies all across North America.
  Under this act, public and private partners in the United States, 
Canada, and Mexico have protected, restored, or enhanced hundreds of 
thousands of wetlands that are home to migratory waterfowl, songbirds, 
endangered species, and other fish and wildlife species. The success of 
this effort to bring State and Federal Government agencies together 
with a wide array of private conservation groups demonstrates what can 
be achieved with cooperative, creative approaches to conservation.

  The North American Wetlands Conservation Act, signed by President 
Bush in 1989, was a response to two facts. First, waterfowl and other 
migratory bird resources do not recognize political boundaries. Second, 
populations of these birds have drastically declined in this century as 
a result of extensive wetlands losses in many parts of North America. 
The North American Act provides Federal grants to encourage 
partnerships to protect and restore wetlands and to accomplish the 
goals of the North American Waterfowl Management Plan--developed to 
reverse the decline of waterfowl populations.
  Any grant made under the North American Act must be matched at least 
one-to-one by non-Federal moneys. Since the act was first funded in 
1990, over 260 proposals have been approved and received about $91 
million in Federal dollars. These moneys have been matched by more than 
$187 million in partner funds--a two-to-one match. These projects have 
managed to improve about 5 million acres of wetlands in the United 
States, Canada, and Mexico--an astounding accomplishment over only 3 
years.
  None of this would be possible without the dedication and work of a 
large number of private conservation groups across the United States, 
Canada, and Mexico. Ducks Unlimited and the Nature Conservancy have 
been particularly active, as well as many other local and national 
conservation groups too numerous to mention. In addition, many of the 
projects have received valuable cooperation from and the participation 
of North American farmers.
  The wetlands conservation projects funded by the act are diverse, 
creative, and tailored to meet local circumstances. A $1.8 million 
grant to restore wetlands and control erosion in the floodplain of the 
Minnesota River--in combination with $5 million in State funds and 
private donations--is financing one of the largest wetlands restoration 
and wildlife conservation projects ever undertaken in Minnesota. It 
will protect and restore 8,400 acres of wetlands. In California, rice 
farmers are encouraged to keep rice fields flooded for migratory 
waterfowl during the winter--providing thousands of acres of 
overwintering habitat. A recently approved technical assistance project 
will assist the Government of Mexico in developing Wetlands Resources 
Geographic Information System, to inventory and provide information 
about Mexico's relatively unknown wetlands.
  The bill Senator Mitchell and I are introducing today would increase 
the authorization for the North American Act for $15 million to $20 
million for 1995 and 1996, and up to $40 million in the year 2000. In 
my view, this is one of the most cost efficient investments in fish and 
wildlife conservation we can make. Under this act, private and public 
partners are practicing the cooperative ecosystem conservation others 
are only talking about. We should continue this partnership for 
wetlands and wildlife by reauthorizing the North American Wetlands 
Conservation Act.
  In recognition of the great success of the North American Act, the 
bill does not make any changes beyond reauthorizing the act at this 
point. There will be an opportunity to explore possible improvements to 
the act when the bill is considered by the Committee on Environment and 
Public Works. I urge all of my colleagues to support this program and 
to cosponsor this bill.
                                 ______

      By Mr. BAUCUS (for himself and Mr. Danforth):
  S. 1858. A bill to amend the Trade Act of 1974 to make ``Super 301'' 
permanent; to the Committee on Finance.


                         SUPER 301 LEGISLATION

  Mr. BAUCUS. Mr. President, a week-and-a-half ago, I was very proud to 
see President Bill Clinton stand next to Japanese Prime Minister 
Hosokawa and declare trade negotiations between United States and Japan 
a failure.
  Now, it might seem odd I would be proud that happened, but I say so 
because it was an honest statement. That is, neither side was papering 
over real differences in trade matters that have occurred and are now 
occurring between our two countries.
  By doing so, President Clinton ended more than 20 years of hypocrisy 
with Japan that emphasized diplomacy rather than results. The 
President, rather, demanded real, concrete progress on trade issues, 
not just more rhetoric. Again, I commend him for that.
  He showed the courage that is necessary to break a pattern that five 
American Presidents before him have tolerated.


                           THE CLINTON POLICY

  But ultimately the United States-Japan trade policy will be judged by 
action. The Clinton administration has taken some initial steps towards 
resolving the long simmering telecommunications trade dispute with 
Japan. That is good. However, it has yet to act on the broader issue of 
United States-Japan trade.
  It is time for the United States to demonstrate the courage to back 
its convictions with action.


                               SUPER 301

  To that end, I am today introducing legislation to establish a 
strengthened version of Super 301.
  Super 301 is a provision of the 1988 Trade Act. It is aimed at 
identifying and focusing our trade negotiating resources on the most 
protectionist foreign markets. Under Super 301, the administration must 
annually identify the most closed foreign markets and initiate unfair 
trade actions under section 301 to open those markets.
  During 1989 and 1990, Super 301 was tremendously successful in prying 
open foreign markets for American products. In Japan, it was successful 
in opening markets for supercomputers, processed forest products, and 
satellites. It also convinced Brazil to end its system of import 
licenses.
  In addition, a number of nations, including Korea and Taiwan, dropped 
trade barriers to American products merely to avoid being named under 
Super 301.
  Super 301 was the most successful market opening tool the United 
States ever had for opening closed foreign markets--particularly Japan. 
Unfortunately, Super 301 was only authorized for 2 years--1989 and 
1990.


                           THE NEW SUPER 301

  The legislation I am introducing today revives Super 301 and 
strengthens it in two important ways.
  First, it makes Super 301 a permanent feature of U.S. trade law. 
Super 301 has a close relative known as Special 301. Special 301 is 
quite similar to Super 301 except that it is focused on protection of 
intellectual property rather than general trade barriers.
  But Special 301 is different in one other important way; it is an 
annual process without an expiration date. Because it is permanent, 
Special 301 has been able to exert continuing influence on other 
nations to end piracy of U.S. intellectual property.
  Our experience with Special 301 demonstrates that market opening 
trade statutes work best if they are a regular annual part of U.S. 
trade policy. We should make Super 301 permanent.
  Second, this legislation increases the time period between the 
release of the National Trade Estimate and the announcement of Super 
301 priorities. This makes the statute more flexible by allowing more 
time to negotiate with countries that might be willing to open their 
markets to avoid being named under Super 301.
  In 1989, former U.S. Trade Representative Carla Hills characterized 
the period just prior to Super 301 announcements as one of the most 
productive in trade negotiating history. Extending this period should 
allow our trade negotiators to maximize the gains from Super 301.


                          SUPER 301 AND JAPAN

  Super 301 has always been aimed largely at Japan. It establishes a 
meaningful framework under which the most important trade barriers in 
Japan can be identified and enforceable negotiations can begin. And if 
Japan fails to agree to eliminate its trade barriers, the United States 
can retaliate against Japan exports to the United States.
  Super 301 is such an invaluable tool in dealing with Japan that some 
had anticipated that the administration would revive it by Executive 
order. But the Clinton administration has not yet taken action.
  Regardless of the administrations' decision on an Executive order, 
Super 301 must be established by legislation to demonstrate that it is 
a permanent element of U.S. trade policy.
  On a related note, Senator Danforth and others have expressed 
concerns that the Uruguay round GATT agreement may compromise United 
States trade laws. Those concerns must be carefully examined. U.S. 
trade laws, including Super 301, section 301, countervailing duty law, 
and antidumping law, are critical.
  Before we proceed to approve any international trade agreement, we 
should ensure that our full arsenal of trade laws--including Super 
301--are safely in place.
  Super 301 is the core of a strategy for opening closed foreign 
markets. The President endorsed this strategy during the campaign. It 
is time for the administration to implement Super 301 by Executive 
order. Separately, Congress should act to revive it for use against 
Japan and other closed markets regardless of the administrations 
actions.
                                 ______

      By Mr. KERRY (for himself, Mr. Gregg and Mr. Bumpers):
  S. 1859. A bill to terminate the Department of Energy's program to 
promote the use of liquid metal reactors for the disposal of high-level 
radioactive waste; to the Committee on Energy and Natural Resources.


                Breeder Reactor Termination Act of 1994

  Mr. KERRY. Mr. President, 2 weeks ago, the administration announced 
that it plans to terminate the advanced liquid metal reactor. Secretary 
of Energy Hazel O'Leary explained the decision to a Washington Post 
reporter by saying ``It is an investment in technology for which there 
is no marketplace.'' and ``These projects * * * are totally counter to 
where we want to go in our nonproliferation'' efforts.
  Mr. President, I want to applaud the administration's decision in the 
strongest terms. The advanced liquid metal reactor [ALMR] is an 
expensive pork-barrel project that poses serious environmental and 
proliferation risks.
  It was almost terminated several times last year. The House of 
Representatives voted overwhelmingly to terminate the breeder program 
in June of last year in a bipartisan 272-146 vote on an amendment to 
the energy appropriations bill. However, parochial politics rallied and 
the Kerry-Gregg-Bumpers amendment to terminate the project was narrowly 
defeated when the Senate considered the bill. In the House-Senate 
conference, the House language was dropped from the bill. The House 
voted to terminate the program again on H.R. 3400, the rescission bill. 
But the provision to terminate the ALMR was not included in the 
rescission bill in the Senate.
  My fear, Mr. President, is that parochial interests will bring the 
ALMR to life once again.
  Despite assurances from Secretary O'Leary that every attempt will be 
made to find alternate employment for those who are employed on the 
ALMR project, pressure to continue funding for the project is building. 
And even if the administration resists the pressure to fund the ALMR, 
the project may be revived during the appropriations process.
  This is why Senators Gregg and Bumpers and I are introducing today 
the Breeder Reactor Termination Act of 1994 which would terminate the 
ALMR once and for all.
  The ALMR is a successor to the Clinch River Breeder Reactor, which 
Congress terminated in 1983 because of cost, environmental, and nuclear 
proliferation concerns. While advances in technology have been made 
during that decade, the disadvantages of the breeder remain essentially 
unchanged. Breeders convert uranium into plutonium, the material used 
to make nuclear weapons. By promoting a fuel cycle based on plutonium, 
the ALMR inevitably increases the risks of nuclear proliferation.
  Now, some have claimed that this technology is not a breeder. But, 
Mr. President, the Argonne National Laboratories annual report for last 
year says--and I quote--``Because the IFR can be operated as a breeder 
reactor, it can produce more fuel than it consumes.'' In addition, the 
facility at Argonne West is called the EBR2--standing for experimental 
breeder reactor.

  The ALMR does exactly what the President has said we should not do--
reprocess plutonium. For this reason, the New York Times last September 
called for an end to funding for the ALMR which--and I quote--
``produces electricity by converting uranium that can't be used in 
warheads into plutonium, which can.''
  ALMR's are not necessary to preserve the nuclear option, as 
proponents of the ALMR argue. To the contrary, the nuclear power 
industry has indicated that its future depends upon the success of a 
new generation of advanced light water reactors. All of the nuclear 
reactors licensed in the United States today are light water reactors 
which run on uranium--as opposed to plutonium--which are slow 
reactors--so they cannot breed--and which do not reprocess. The DOE 
currently has a program to develop advanced light water reactors and 
this program is funded jointly with industry. In addition, a National 
Academy of Science report gave light water reactors the highest ranking 
for overall performance in its evaluation.
  The capital costs of producing plutonium fuel are necessarily higher 
than those of uranium fuel because of the extra costs of reprocessing. 
As a result, the price of uranium ore would have to increase 
fifteenfold before the ALMR would be competitive with light water 
reactors. The only way in which this could happen is if light water 
reactors first became so widely used that they depleted the supply of 
uranium. The NAS estimates that even if this happened, the ALMR would 
not be cost competitive with light water reactors until 2025 at the 
earliest, and possibly not until the year 2075.
  Even given that scenario, it is highly questionable that ALMR 
technology will ever be competitive from an economic standpoint as a 
source of electricity. Even if uranium prices did dramatically increase 
to make breeders competitive with advance light water reactors, that 
wouldn't guarantee that breeders would be cost competitive with other 
sources of electricity--such as energy efficiency improvements, natural 
gas, wind, or, someday, solar.
  Recognizing the lack of economic justification and the absence of 
significant commercial interest in this technology for power 
generation, proponents of the ALMR now promote a waste management 
mission for the technology called actinide recycling--fissioning of 
radioactive wastes. Now, this is the technology that many of my 
colleagues find so compelling. It sounds very attractive to develop a 
technology that would make something useful out of something we now 
think of as waste. However, there are already attractive technologies 
to dispose of radioactive wastes. These include vitrification and 
storage or running the waste through a light water reactor. A number of 
studies have found that fissioning of radioactive wastes is neither a 
safe nor a feasible means of waste disposition from an environmental 
perspective. The Department of Energy published a report in July which 
stated ``The spent fuel alternative, using light water reactors, was 
the most practical and economical alternative evaluated.'' Even the 
American Nuclear Energy Council has stated in congressional testimony 
that ``we see no benefit in considering transuranic burning as a waste 
solution for current fuel.'' Actinide recycling itself generates highly 
radioactive fission products along with heavy toxic metals, in effect 
substituting one daunting toxic waste disposal problem for another. It 
is the only technology that reprocesses the plutonium--the other 
methods burn but cannot breed.

  Further, Mr. President, the economics of the program remain highly 
questionable despite the proclaimed shift in emphasis. The National 
Academy of Sciences and independent scientists at Lawrence Livermore 
National Laboratory and elsewhere have questioned the economic 
viability of using this technology for waste management purposes. The 
NAS said last year that the ``potential to alleviate some of the waste 
disposal problem for LWR fuel through actinide recycling * * * is not 
considered justification for advancing the advanced LMR.'' Scientists 
at Lawrence Livermore, in fact, have estimated that using the ALMR for 
waste management could quadruple the cost of high-level waste disposal.
  Another claim that proponents of the ALMR have made is that the ALMR 
is necessary for the disposal of military plutonium. However, many 
other safer and more cost-effective alternatives for plutonium disposal 
exist including running waste through a light water reactor and then 
disposing of it and mixing the plutonium with spent fuel wastes, 
followed by vitrification and then disposal.
  The prepublication copy of a 1994 NAS study asserts that military 
plutonium disposition should not be a justification for the ALMR. An 
Office of Technology Assessment study released in September found that 
``* * * the concept of plutonium transformation using fast reactors 
appears to have some limitations. To consume plutonium in a fast 
reactor requires significant design changes from the original LMR that 
was intended to produce plutonium. It could also be expensive: the 
required reprocessing could multiply the total volume of radioactive 
waste by 10, thereby driving up costs.''
  ALMR's will not be able to dispose of military plutonium in a timely 
fashion. It would take another 20 years for ALMR's to be commercially 
available. Then, they would have to recycle military plutonium through 
their reactor cores for 100 years to transmute the plutonium into 
fission products. Meanwhile, the plutonium would have to be carefully 
stored and safeguarded.
  Mr. President, as a result of the proliferation and environmental 
concerns the ALMR raises, I have had to conclude that continuing 
research into its viability is far too expensive an indulgence for a 
nation groaning under the burden of $4 trillion of debt.

  I realize that cutting this program will entail the loss of jobs. And 
that troubles me deeply. And I certainly understand why it troubles the 
Senators from Illinois and Idaho. But Mr. President, according to the 
DOE's own numbers, our proposal will only speed up job loss since all 
other proposals would also terminate the project over the next 5 years.
  Although I would rather not speed up the rate of job loss, I am 
convinced that we do not have any time to waste in terminating the ALMR 
before its costs escalate as the costs of big science projects so often 
do. Originally, the Clinch River breeder was supposed to cost $700 
million but by the time the project was terminated, cost estimates had 
risen to $8 billion.
  Based on the concerns associated with the ALMR, numerous taxpayer, 
environmental, and nonproliferation groups, including the National 
Taxpayers Union, Citizens Against Government Waste, the Safe Energy 
Communication Council, the National Resources Defense Council, the 
Nuclear Control Institute, U.S. Public Interest Research Group, Public 
Citizen, and the Sierra Club oppose the program in its current form.
  Taking into account technological, economic, and environmental 
factors as well as potential energy contribution, the Department of 
Energy's own Office of Policy, Planning, and Evaluation during the Bush 
administration ranked the ALMR 21st on a list of 23 electricity 
initiatives.
  Mr. President, last fall I joined Senator Bryan in offering an 
amendment to terminate the wool and mohair subsidy, which passed. The 
wool and mohair subsidy was simply a waste of money. The ALMR is a 
waste of money and dangerous. It is nuclear mohair. I urge my 
colleagues to follow the House's good example and vote to terminate the 
program as well.
  Mr. President, I ask unanimous consent that the full text of the bill 
and an article from the Washington Post appear in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1859

       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 ``Breeder Reactor Termination 
     Act of 1994''.

     SEC. 2. CONGRESSIONAL FINDINGS.

       The Congress finds that--
       (1) the advanced reactor program of the Department of 
     Energy promotes the use of liquid metal reactors for the 
     disposal of high-level radioactive waste through a process 
     referred to as ``actinide recycle'' and for other purposes;
       (2) independent scientific experts believe that liquid 
     metal reactors would greatly increase the cost of radioactive 
     waste disposal and would not provide significant 
     environmental benefits;
       (3) liquid metal reactors are not necessary to preserve the 
     nuclear power option, which will instead depend upon the 
     success of advanced light water reactors;
       (4) arms control experts believe that liquid metal reactors 
     raise grave nuclear proliferation concerns because of the 
     potential for production of plutonium through breeding and 
     reprocessing; and
       (5) the need to reduce the Federal budget deficit demands 
     that budget priorities be established carefully in order to 
     eliminate unnecessary spending.

     SEC. 3. TERMINATION OF ADVANCED LIQUID METAL REACTOR PROGRAM.

       (a) Termination.--
       (1) In General.--Notwithstanding the provisions of sections 
     2121 through 2126 of the Energy Policy Act of 1992 (106 Stat. 
     3081; 42 U.S.C. 13491 et seq.), the Secretary of Energy shall 
     take such actions as are necessary to terminate, as soon as 
     possible, the advanced liquid metal reactor program of the 
     Department of Energy, including the program's promotion of 
     the use of liquid metal reactors for the disposal of high-
     level radioactive waste.
       (2) Regulatory Support.--Termination under paragraph (1) 
     shall include termination of Department of Energy support for 
     regulatory applications to the Nuclear Regulatory Commission 
     for design certification for advanced liquid metal reactors 
     or related licensed facilities.
       (b) Reassignment of Personnel.--In carrying out subsection 
     (a), the Secretary of Energy shall, to the extent 
     practicable, reassign the personnel of the Department who 
     would be displaced by termination of the advanced liquid 
     metal reactor program to other activities of the Department, 
     such as nuclear nonproliferation and environmental cleanup at 
     facilities of the Department of Energy.
       (c) Use of Savings To Reduce Deficit.--It is the policy of 
     the Congress that the savings realized from the termination 
     of the advanced liquid metal reactor program should be used 
     to reduce the Federal budget deficit.
                                  ____


               [From the Washington Post, Feb. 12, 1994]

            Energy Department to Scrap Research on Plutonium

                         (By R. Jeffrey Smith)

       The Energy Department, in a setback to the Japanese 
     government and the U.S. nuclear industry, this week announced 
     the cancellation of $112 million worth of research on the use 
     of plutonium in nuclear reactors.
       Secretary Hazel R. O'Leary said her decision to kill a 
     ``breeder reactor'' program and a plutonium-recycling study 
     was an effort to discourage plutonium use by the world's 
     nuclear industry and limit opportunities for illicit 
     diversion of the material for production of nuclear arms.
       The Bush administration had supported the work as a hedge 
     against a shortage of uranium for nuclear fuel and as a favor 
     to the Japanese government. Last year, the Clinton 
     administration continued support for the research to help 
     find a way to dispose of plutonium and nuclear waste.
       Japan had pledged to contribute $30 million to the U.S. 
     research in an effort to help develop a simpler way to 
     extract and recycle plutonium from spent reactor fuel. Japan 
     is building a chain of breeder reactors, which produce 
     plutonium at the same time they generate nuclear power. It 
     also is nearing completion of a reprocessing plant for 
     plutonium-laden fuel.
       The U.S. government dropped plans to build a breeder 
     reactor in the late 1970s out of concern that the extra 
     plutonium, a key ingredient of nuclear arms, might somehow 
     fall into the wrong hands. But research continued, totaling 
     $8.74 billion to date.
       O'Leary said in an interview that the number of nuclear 
     reactors around the globe will expand only slightly during 
     the next 20 years, leaving an ample supply of natural uranium 
     for conventional reactors. Additional uranium will become 
     available from thousands of retired nuclear warheads.
       ``It is an investment in technology for which there is no 
     marketplace,'' O'Leary said. She said she was also influenced 
     by a National Research Council report on plutonium disposal 
     last month that concluded advanced reactors ``are not 
     competitive for this [disposal] mission because of the cost 
     and delay of their development, licensing, and 
     construction.''
       O'Leary said, ``These projects * * * are totally counter to 
     where we want to go in our nonproliferation'' efforts.
       But she said she ``labored over this for a very long 
     time,'' partly because of protests from lawmakers in Illinois 
     and Idaho, where the bulk of the research funds are spent at 
     Argonne National Laboratory and the Idaho National 
     Engineering Laboratory.
       Overall, spending on nuclear energy research and 
     development would decline by $95 million, or 25 percent, in 
     fiscal 1995 under the Energy Department's budget proposal.
       Some of the plutonium research funds would be reallocated 
     for work by scientists in Illinois and Idaho on reactor 
     safety and nonproliferation.
       Under O'Leary's proposed budget, the department would 
     substantially boost its spending for research on renewable 
     energy resources, natural gas production and increased energy 
     efficiency by $340 million, or 33 percent.
       O'Leary's cancellation of the plutonium programs was 
     praised by a coalition of environmental groups known as the 
     Safe Energy Communication Council.
       But her decision was criticized by Carl Goldstein of the 
     U.S. Council for Energy Awareness, a nuclear industry trade 
     group.
       New reactors fueled by plutonium ``are scientifically valid 
     and eventually they may be commercially valid,'' he said, 
     adding that ``there is a lot of support for these programs'' 
     on Capitol Hill.

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