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


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                  COMMITTEE ON INTERNATIONAL RELATIONS


 
                     COMMITTEE ON FOREIGN RELATIONS

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


        Legislation on
        Foreign Relations
        Through 2005

                                     
[GRAPHIC] [TIFF OMITTED] TONGRESS.#15

                                     


                         JOINT COMMITTEE PRINT

                               APRIL 2006


                               VOLUME I-B

                         OF VOLUMES I-A AND I-B

                        CURRENT LEGISLATION AND

                        RELATED EXECUTIVE ORDERS


                     U.S. House of Representatives

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


 
                     COMMITTEE ON FOREIGN RELATIONS

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


        Legislation on
        Foreign Relations
        Through 2005

                                     
[GRAPHIC] [TIFF OMITTED] TONGRESS.#15

                                     

                               APRIL 2006

                               VOLUME I-B

                         OF VOLUMES I-A AND I-B

                        CURRENT LEGISLATION AND

                        RELATED EXECUTIVE ORDERS

                     U.S. House of Representatives

                              U.S. Senate


 Printed for the use of the Committees on International Relations and 
   Foreign Relations of the House of Representatives and the Senate 
                              respectively



                    u.s. government printing office
                           washington : 2006
25-514 PS                                                               
                                             

_______________________________________________________________________

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                  COMMITTEE ON INTERNATIONAL RELATIONS

                   HENRY J. HYDE, Illinois, Chairman

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

         Thomas E. Mooney, Sr., Staff Director/General Counsel

               Robert R. King, Democratic Staff Director

                                 ______

                     COMMITTEE ON FOREIGN RELATIONS

                  RICHARD G. LUGAR, Indiana, Chairman

CHUCK HAGEL, Nebraska                JOSEPH R. BIDEN, Jr., Delaware
LINCOLN CHAFEE, Rhode Island         PAUL S. SARBANES, Maryland
GEORGE ALLEN, Virginia               CHRISTOPHER J. DODD, Connecticut
NORM COLEMAN, Minnesota              JOHN F. KERRY, Massachusetts
GEORGE V. VOINOVICH, Ohio            RUSSELL D. FEINGOLD, Wisconsin
LAMAR ALEXANDER, Tennessee           BARBARA BOXER, California
JOHN E. SUNUNU, New Hampshire        BILL NELSON, Florida
LISA MURKOWSKI, Alaska               BARACK OBAMA, Illinois
MEL MARTINEZ, Florida

                 Kenneth A. Myers, Jr., Staff Director

              Antony J. Blinken, Democratic Staff Director

                                  (ii)

  
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                                FOREWORD

                              ----------                              

    This volume of legislation and related material is part of 
a five volume set of laws and related material frequently 
referred to by the Committees on Foreign Relations of the 
Senate and International Relations of the House of 
Representatives, amended to date and annotated to show 
pertinent history or cross references.
    Volumes I (A and B), II (A and B), III and IV contain 
legislation and related material and are republished with 
amendments and additions on a regular basis. Volume V, which 
contains treaties and related material, will be revised as 
necessary.
    We wish to express our appreciation to Dianne E. Rennack 
and Larry Q. Nowels of the Foreign Affairs, Defense, and Trade 
Division of the Congressional Research Service of the Library 
of Congress who prepared volume I-B of this year's compilation.
                                           Henry J. Hyde,
                    Chairman, Committee on International Relations.
                                           Richard G. Lugar,
                          Chairman, Committee on Foreign Relations.

                                                    April 27, 2006.

                                 (iii)
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                            EXPLANATORY NOTE

                              ----------                              

    The body of statutory law set out in this volume was in 
force, as amended, at the end of 2005.
    This volume sets out ``session law'' as originally enacted 
by Congress and published by the Archivist of the United States 
as ``slip law'' and later in the series United States Statutes 
at Large (as subsequently amended, if applicable). Amendments 
are incorporated into the text and distinguished by a footnote. 
Session law is organized in this series by subject matter in a 
manner designed to meet the needs of the Congress.
    Although laws enacted by Congress in the area of foreign 
relations are also codified by the Law Revision Counsel of the 
House of Representatives, typically in title 22 United States 
Code, those codifications are not positive law and are not, in 
most instances, the basis of further amendment by the Congress. 
Cross references to the United States Code are included as 
footnotes for the convenience of the reader.
    All Executive orders and State Department delegations of 
authority are codified and in force as of January 11, 2006.
    Corrections may be sent to Dianne E. Rennack at Library of 
Congress, Congressional Research Service, Washington D.C., 
20540-7460, or by e-mail at drennack@crs.loc.gov.

                                  (v)
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                             ABBREVIATIONS

                              ----------                              



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

                                  (vi)
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                            C O N T E N T S

                               __________
                                                                   Page

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

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

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

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

 1. Other Foreign Assistance Related Legislation and Materials...     6
 2. Executive Orders, Delegations of Authority, and 
    Reorganization Plans Relating to Foreign Assistance and Arms 
    Exports......................................................   554
 3. Armed Forces Legislation.....................................   596
 4. 10 U.S.C. 7307--Disposals to Foreign Nations of Naval Vessels  1345

B. AGRICULTURAL COMMODITIES......................................  1348

 1. Agricultural Trade Development and Assistance................  1349
 2. Agricultural Trade...........................................  1486
 3. Agricultural Act of 1980 and Related Material................  1531
 4. National Agricultural Research, Extension, and Teaching 
    Policy Act of 1977 (Public Law 95-113) (partial text)........  1545
 5. Agriculture and Food Act of 1981 (Public Law 97-98) (partial 
    text)........................................................  1551
 6. International Carriage of Perishable Foodstuffs Act (Public 
    Law 97-325)..................................................  1557
 7. Pesticide Monitoring Improvements (Public Law 100-418) 
    (partial text)...............................................  1561

C. THE PEACE CORPS...............................................  1563

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

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

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

                                 (vii)

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


                         A. FOREIGN ASSISTANCE

                                CONTENTS

                                                                   Page

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

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

      
     1. Other Foreign Assistance Related Legislation and Materials

                       a. Policy Toward Iraq \1\

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

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

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

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

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

                  TITLE I--WAR-RELATED APPROPRIATIONS

          * * * * * * *

                               CHAPTER 3

                    DEPARTMENT OF DEFENSE--MILITARY

          * * * * * * *

                         Iraq Freedom Fund \2\

                          (transfer of funds)

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

``Iraq Freedom Fund

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

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

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

    ``(a) In General.--Funds are hereby authorized to be appropriated 
for fiscal year 2006 for the Iraq Freedom Fund in the amount of 
$5,240,725,000.
    ``(b) Limitation on Availability of Certain Amount.--Of the amount 
authorized to be appropriated by subsection (a), $1,000,000,000 shall 
be available only for support of activities of the Joint Improvised 
Explosive Device Task Force.
    ``(c) Classified Programs.--Of the amount authorized to be 
appropriated by subsection (a), $2,500,000,000 shall be available only 
for classified programs.
    ``(d) Transfer.--
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  ``(1) Transfer authorized.--Subject to paragraph (2), amounts authorized 
to be appropriated by subsection (a) may be transferred from the Iraq 
Freedom Fund to any accounts as follows:

  ``(A) Operation and maintenance accounts of the Armed Forces.

  ``(B) Military personnel accounts.

  ``(C) Research, development, test, and evaluation accounts of the 
Department of Defense.

  ``(D) Procurement accounts of the Department of Defense.

  ``(E) Accounts providing funding for classified programs.

  ``(F) The operating expenses account of the Coast Guard.

  ``(2) Notice to congress.--A transfer may not be made under the authority 
in paragraph (1) until five days after the date on which the Secretary of 
Defense notifies the congressional defense committees in writing of the 
transfer.

  ``(3) Treatment of transferred funds.--Amounts transferred to an account 
under the authority in paragraph (1) shall be merged with amounts in such 
account and shall be made available for the same purposes, and subject to 
the same conditions and limitations, as amounts in such account.

  ``(4) Effect on authorization amounts.--A transfer of an amount to an 
account under the authority in paragraph (1) shall be deemed to increase 
the amount authorized for such account by an amount equal to the amount 
transferred.''.

          Not less than $1,771,180,000 for classified programs, 
        which shall be in addition to amounts provided for 
        elsewhere in this chapter, and under this heading, for 
        procurement and research, development, test and 
        evaluation;
          Not less than $1,100,000,000 for increased fuel 
        costs, for transfer to ``Defense Working Capital 
        Funds'';
          Up to $1,400,000,000 for transfer to ``Operation and 
        Maintenance, Defense-Wide'', only for purposes further 
        specified in section 1310 of this chapter;
          Up to $489,300,000 for transfer to the ``Natural 
        Resources Risk Remediation Fund'';
          Up to $400,000,000 for transfer to Department of 
        Homeland Security, ``United States Coast Guard, 
        Operating Expenses'', to support military activities in 
        connection with operations in and around Iraq and the 
        global war on terrorism;
          Up to $57,600,000 for research, development, test, 
        and evaluation; and
          Up to $25,000,000 for counter-terrorism military 
        training activities for foreign governments in 
        connection with the global war on terrorism, including 
        equipment, supplies and services, on such terms as the 
        Secretary of Defense, with the concurrence of the 
        Secretary of State and 15 days following submission of 
        a financial plan for the use of such funds to the 
        congressional defense committees, may determine:
Provided further, That in addition to the transfers authorized 
in the preceding proviso, the Secretary of Defense may transfer 
the funds provided herein to appropriations for military 
personnel; operation and maintenance; Overseas Humanitarian, 
Disaster Assistance, and Civic Aid; procurement; research, 
development, test and evaluation; military construction; the 
Defense Health Program appropriation; and working capital 
funds: Provided further, That the funds transferred under this 
heading shall be merged with and shall be available for the 
same purposes and for the same time period, as the 
appropriation to which transferred: Provided further, That the 
transfer authority provided in this paragraph is in addition to 
any other transfer authority available to the Department of 
Defense: Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are 
not necessary for the purposes provided herein, such amounts 
may be transferred back to this appropriation: Provided 
further, That the Secretary of Defense shall, not fewer than 5 
days prior to making transfers from this appropriation, notify 
the congressional defense committees in writing of the details 
of any such transfer: Provided further, That the Secretary of 
Defense shall submit a report no later than July 1, 2003, and 
then 30 days after the end of each fiscal quarter to the 
congressional defense committees summarizing the details of the 
transfer of funds from this appropriation.

                Natural Resources Risk Remediation Fund

                          (transfer of funds)

    There is established in the Treasury of the United States a 
special account to be known as the ``Natural Resources Risk 
Remediation Fund''. Funds transferred to, appropriated to, and 
contributions made to, the Natural Resources Risk Remediation 
Fund may be made available for expenses necessary, in and 
around Iraq, to address emergency fire fighting, repair of 
damage to oil facilities and related infrastructure, and 
preserve a distribution capability, and may remain available 
until expended: Provided, That up to $489,300,000 of the funds 
appropriated to the Iraq Freedom Fund in this Act may be 
transferred to this fund: Provided further, That the Secretary 
of Defense may accept from any person, foreign government, or 
international organization, and credit to this fund, any 
contribution of money for such purposes: Provided further, That 
funds available in the Defense Cooperation Account may be 
transferred to and merged with the Natural Resources Risk 
Remediation Fund: Provided further, That the Secretary of 
Defense may transfer funds available in the Natural Resources 
Risk Remediation Fund to other appropriations or funds of the 
Department of Defense to carry out such purposes, or to 
reimburse such appropriations or funds for expenses incurred 
for such purposes: Provided further, That funds so transferred 
shall be merged with and shall be available for the same 
purposes and for the same time period as the appropriation or 
fund to which transferred: Provided further, That the transfer 
authority provided in this paragraph is in addition to any 
other transfer authority available to the Department of 
Defense: Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are 
not necessary for the purposes provided, such amounts may be 
transferred back to this appropriation: Provided further, That 
in administering the Natural Resources Risk Remediation Fund 
during fiscal year 2003, the Secretary of Defense may transfer 
funds from the Iraq Freedom Fund only to the extent that 
amounts transferred from the Defense Cooperation Account and 
amounts accepted pursuant to the authority of the second 
proviso of this paragraph are not currently available: Provided 
further, That, hereafter, contributions of money deposited into 
the Natural Resources Risk Remediation Fund shall be reported 
to the Congress in the same report, and under the same terms 
and conditions, as the report required for contributions to the 
Defense Cooperation Account under section 2608, chapter 155 of 
title 10, United States Code: Provided further, That the 
Secretary of Defense shall submit a report no later than 30 
days after the end of each fiscal quarter to the congressional 
defense committees of any transfer of funds from this 
appropriation.
          * * * * * * *

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 1301. Except as otherwise specifically provided in 
this chapter, amounts provided to the Department of Defense 
under each of the headings in this chapter shall be available 
for the same time period, and subject to the same terms and 
conditions, as the amounts appropriated or otherwise made 
available in the Department of Defense Appropriations Act, 2003 
(Public Law 107-248) and Making Further Continuing 
Appropriations for the Fiscal Year 2003, and for Other Purposes 
(Public Law 108-7).
    Sec. 1302. None of the funds provided in this chapter may 
be used to finance programs or activities denied by Congress in 
previous fiscal year 2003 appropriations acts which make 
appropriations to the Department of Defense or to initiate a 
procurement or research, development, test and evaluation new 
start program without prior notification to the congressional 
defense committees.
    Sec. 1303. None of the funds in this chapter may be used to 
develop or procure any item or capability that will not be 
fielded within 4 years of enactment of this Act.
          * * * * * * *

                     (including transfer of funds)

    Sec. 1307. In addition to amounts made available elsewhere 
in this Act for the Department of Defense, $165,000,000 is 
appropriated to the Department of Defense to reimburse 
applicable appropriations for the value of drawdown support 
provided by the Department of Defense under the Afghanistan 
Freedom Support Act of 2002: Provided, That this appropriation 
shall not increase the limitation set forth in section 202(b) 
of that Act: Provided further, That the Secretary of Defense 
may transfer the funds provided herein to the applicable 
appropriations of the Department of Defense: Provided further, 
That the funds transferred shall be merged with and shall be 
available for the same purposes and for the same time period as 
the appropriation to which transferred: Provided further, That 
the transfer authority provided in this section is in addition 
to any other transfer authority available to the Department of 
Defense: Provided further, That notwithstanding any other 
provision of law, none of the funds provided in this or any 
other appropriations Act for the Department of Defense may be 
used for the drawdown authority in section 202 of the 
Afghanistan Freedom Support Act of 2002 (Public Law 107-327) 
prior to notifying in writing the House and Senate Committees 
on Appropriations of the source of the funds to be used for 
such purpose.
    Sec. 1308. Funds appropriated in this Act, or made 
available by the transfer of funds in or pursuant to this Act, 
for intelligence activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 of the 
National Security Act of 1947 (50 U.S.C. 414).
    Sec. 1309. (a) Of the amounts available to the Secretary of 
Defense, $63,500,000 may be used to reimburse applicable 
appropriations for the value of support provided by the 
Department of Defense under the Iraq Liberation Act of 1998: 
Provided, That this appropriation shall not increase the 
limitation set forth in section (4)(a)(2)(B) of that Act.
    (b) Section (4)(a)(2) of the Iraq Liberation Act of 1998 
\3\ is amended by adding the following new subparagraph at the 
end: * * *
---------------------------------------------------------------------------
    \3\ For text, as amended, see page 23.
---------------------------------------------------------------------------
    (c) Notwithstanding any other provision of law, none of the 
funds provided in this or any other appropriations Act for the 
Department of Defense may be used for the drawdown authority in 
section (4)(a)(2) of the Iraq Liberation Act of 1998 (including 
the drawdown authority of this section) unless the House and 
Senate Committees on Appropriations are notified in writing of 
the sources of the funds to be used for such purpose not later 
than 7 days following the exercise of the drawdown authority.

                     (including transfer of funds)

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

                          (transfer of funds)

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

                          (transfer of funds)

    Sec. 1313. As of October 31, 2003, all unobligated \4\ 
balances of funds remaining in the ``Defense Emergency Response 
Fund'' shall be transferred to, and merged with, the ``Iraq 
Freedom Fund'', and shall be available for the same purposes, 
and under the same terms and conditions, as funds appropriated 
to the ``Iraq Freedom Fund'' in this chapter.
---------------------------------------------------------------------------
    \4\ Sec. 1105(a) of Public Law 108-106 (117 Stat. 1214) inserted 
``unobligated'' before ``balances''. Subsec. 1105(b) of that Act 
provided the following:
    ``(b) Effective November 1, 2003, adjustments to obligations that 
before such date would have been properly chargeable to the Defense 
Emergency Response Fund shall be charged to any current appropriations 
account of the Department of Defense available for the same purpose.''.
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          * * * * * * *

                               CHAPTER 5

          * * * * * * *

                  OTHER BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                iraq relief and reconstruction fund \5\

                     (including transfers of funds)

    For necessary expenses for humanitarian assistance in and 
around Iraq and to carry out the purposes of the Foreign 
Assistance Act of 1961 for rehabilitation and reconstruction in 
Iraq, there is appropriated to the President, $2,475,000,000, 
to remain available until September 30, 2004, including for the 
costs of: (1) water/sanitation infrastructure; (2) feeding and 
food distribution; (3) supporting relief efforts related to 
refugees, internally displaced persons, and vulnerable 
individuals, including assistance for families of innocent 
Iraqi civilians who suffer losses as a result of military 
operations; (4) electricity; (5) healthcare; (6) 
telecommunications; (7) economic and financial policy; (8) 
education; (9) transportation; (10) rule of law and governance; 
(11) humanitarian demining; and (12) agriculture: Provided, 
That these funds shall be apportioned only to the Department of 
State, the United States Agency for International Development, 
the Department of the Treasury, the Department of Defense, and 
the Department of Health and Human Services, as appropriate, 
for expenses to meet such costs: Provided further, That funds 
appropriated under this heading shall be used to fully 
reimburse accounts administered by the Department of State, the 
Department of the Treasury and the United States Agency for 
International Development, not otherwise reimbursed from funds 
appropriated by this chapter, for obligations incurred for the 
purposes provided under this heading prior to enactment of this 
Act from funds appropriated for foreign operations, export 
financing, and related programs: Provided further, That prior 
to the initial apportionment of funds made available under this 
heading to any agency or department, the President, or his 
designee, shall consult with the Committees on Appropriations 
on plans for the use of the funds appropriated under this 
heading that will be used for assistance for Iraq: Provided 
further, That upon a determination that all or part of the 
funds transferred from this appropriation are not necessary for 
the purposes provided herein, such amounts may be transferred 
back to this appropriation: Provided further, That the United 
States may accept from any person, foreign government, or 
international organization, and credit to this Fund, any 
contribution of money for such purposes: Provided further, That 
funds appropriated under this heading shall be available 
notwithstanding any other provision of law, including section 
10 of Public Law 91-672 and section 15 of the State Department 
Basic Authorities Act of 1956: Provided further, That funds 
appropriated under this heading or transferred under provisions 
of this chapter or section 632 of the Foreign Assistance Act of 
1961 that are made available for assistance for Iraq shall be 
subject to notification of the Committees on Appropriations, 
except that notifications shall be transmitted at least 5 days 
in advance of the obligation of funds.
---------------------------------------------------------------------------
    \5\ In a memorandum of May 6, 2003 (68 F.R. 25275), as amended by a 
memorandum signed by the President on December 5, 2003 (69 F.R. 1645), 
the President stated the following:
    ``The functions of the President under the heading `Iraq Relief and 
Reconstruction Fund' in the Emergency Wartime Supplemental 
Appropriations Act, 2003 (Public Law 108-11), or in any subsequent 
appropriation under this heading, including with respect to 
apportionment, reimbursement, consultation, transfer of funds, 
retransfer of funds, and acceptance and crediting of contributions, are 
assigned to the Director of the Office of Management and Budget.
    ``In accordance with Presidential direction relating to Iraq relief 
and reconstruction, multiple agencies are deployed with the Coalition 
Provisional Authority (CPA) and are serving as implementing partners or 
executing agents for programs and projects. These agencies will 
identify funding requirements for such programs and projects through 
CPA. OMB will work with CPA to transfer funds to the appropriate 
implementing agency. The Director of OMB shall coordinate with the 
Secretary of Defense or his designee prior to apportioning funds. With 
respect to programs administered by the Department of State or the 
United States Agency for International Development, the Director of OMB 
shall coordinate with the Secretary of State or his designee prior to 
apportioning funds.''.
---------------------------------------------------------------------------

                         Economic Support Fund

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

                     Loan Guarantees to Israel \6\

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

                    GENERAL PROVISIONS, THIS CHAPTER

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

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

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

                 TITLE VI--GENERAL PROVISIONS--THIS ACT

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

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

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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

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

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

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

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

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

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

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

``United States Information Agency

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

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

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

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

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

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

SEC. 6. WAR CRIMES TRIBUNAL FOR IRAQ.

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

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

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

SEC. 8. RULE OF CONSTRUCTION.

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

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

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

SEC. 1601. SHORT TITLE.

    This title may be cited as the ``Iran-Iraq Arms Non-
Proliferation Act of 1992''.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 1701 note. In a September 27, 1994, memorandum for 
the Secretary of State, the President delegated all functions vested in 
the President by this title to the Secretary of State, in consultation 
with the Secretaries of Defense, Treasury, Commerce, the Director of 
the Arms Control and Disarmament Agency, and other heads of appropriate 
departments and agencies (59 F.R. 50685).
    Secs. 1503 and 1504 of the Emergency Wartime Supplemental 
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 559), as 
amended, provided the following:
    ``Sec. 1503. The President may suspend the application of any 
provision of the Iraq Sanctions Act of 1990: Provided, That nothing in 
this section shall affect the applicability of the Iran-Iraq Arms Non-
Proliferation Act of 1992 (Public Law 102-484), except that such Act 
shall not apply to humanitarian assistance and supplies: Provided 
further, That the President may make inapplicable with respect to Iraq 
section 620A of the Foreign Assistance Act of 1961 or any other 
provision of law that applies to countries that have supported 
terrorism: Provided further, That military equipment, including 
equipment as defined by title XVI, section 1608(1)(A) of Public Law 
102-484, shall not be exported under the authority of this section: 
Provided further, That section 307 of the Foreign Assistance Act of 
1961 shall not apply with respect to programs of international 
organizations for Iraq: Provided further, That provisions of law that 
direct the United States Government to vote against or oppose loans or 
other uses of funds, including for financial or technical assistance, 
in international financial institutions for Iraq shall not be construed 
as applying to Iraq: Provided further, That the President shall submit 
a notification 5 days prior to exercising any of the authorities 
described in this section to the Committee on Appropriations of each 
House of the Congress, the Committee on Foreign Relations of the 
Senate, and the Committee on International Relations of the House of 
Representatives: Provided further, That not more than 60 days after 
enactment of this Act and every 90 days thereafter the President shall 
submit a report to the Committee on Appropriations of each House of the 
Congress, the Committee on Foreign Relations of the Senate, and the 
Committee on International Relations of the House of Representatives 
containing a summary of all licenses approved for export to Iraq of any 
item on the Commerce Control List contained in the Export 
Administration Regulations, 15 CFR Part 774, Supplement 1, including 
identification of end users of such items: Provided further, That the 
authorities contained in this section shall expire on September 30, 
2004, or on the date of enactment of a subsequent Act authorizing 
assistance for Iraq and that specifically amends, repeals or otherwise 
makes inapplicable the authorities of this section, whichever occurs 
first.
    ``Sec. 1504. Notwithstanding any other provision of law, the 
President may authorize the export to Iraq of any nonlethal military 
equipment controlled under the International Trafficking in Arms 
Regulations on the United States Munitions List established pursuant to 
section 38 of the Arms Export Control Act (22 U.S.C. 2778), if the 
President determines and notifies within 5 days prior to export the 
Committee on Appropriations of each House of the Congress, the 
Committee on Foreign Relations of the Senate, and the Committee on 
International Relations of the House of Representatives that the export 
of such nonlethal military equipment is in the national interest of the 
United States: Provided, That, subject to the notification requirements 
of this section, exports may be authorized of lethal military equipment 
designated by the Secretary of State for use by a reconstituted (or 
interim) Iraqi military or police force, and of small arms designated 
by the Secretary of State for use for private security purposes: 
Provided further, That the authorities contained in this section shall 
expire on September 30, 2004, or on the date of enactment of a 
subsequent Act authorizing assistance for Iraq and that specifically 
amends, repeals or otherwise makes inapplicable the authorities of this 
section, whichever occurs first.''.
    Presidential Determination No. 2003-23 of May 7, 2003 (68 F.R. 
26459), stated the following:
    ``* * * I hereby:
    ``(1) suspend the application of all of the provisions, other than 
section 586E, of the Iraq Sanctions Act of 1990, Public Law 101-513, 
and
    ``(2) make inapplicable with respect to Iraq section 620A of the 
Foreign Assistance Act of 1961, Public Law 87-195, as amended (the 
`FAA'), and any other provision of law that applies to countries that 
have supported terrorism.
    ``In addition, I delegate the functions and authorities conferred 
upon the President by:
    ``(1) section 1503 of the Act to submit reports to the designated 
committees of the Congress to the Secretary of Commerce, or until such 
time as the principal licensing responsibility for the export to Iraq 
of items on the Commerce Control List has reverted to the Department of 
Commerce, to the Secretary of the Treasury; and,
    ``(2) section 1504 of the Act to the Secretary of State.''.
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SEC. 1602. UNITED STATES POLICY.

    (a) In General.--It shall be the policy of the United 
States to oppose, and urgently to seek the agreement of other 
nations also to oppose, any transfer to Iran or Iraq of any 
goods or technology, including dual-use goods or technology, 
wherever that transfer could materially contribute to either 
country's acquiring chemical, biological, nuclear, or 
destabilizing numbers and types of advanced conventional 
weapons.
    (b) Sanctions.--(1) In the furtherance of this policy, the 
President shall apply sanctions and controls with respect to 
Iran, Iraq, and those nations and persons who assist them in 
acquiring weapons of mass destruction in accordance with the 
Foreign Assistance Act of 1961, the Nuclear Non-Proliferation 
Act of 1978, the Chemical and Biological Weapons Control and 
Warfare Elimination Act of 1991, chapter 7 of the Arms Export 
Control Act, and other relevant statutes, regarding the non-
proliferation of weapons of mass destruction and the means of 
their delivery.
    (2) The President should also urgently seek the agreement 
of other nations to adopt and institute, at the earliest 
practicable date, sanctions and controls comparable to those 
the United States is obligated to apply under this subsection.
    (c) Public Identification.--The Congress calls on the 
President to identify publicly (in the report required by 
section 1607) any country or person that transfers goods or 
technology to Iran or Iraq contrary to the policy set forth in 
subsection (a).

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

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

SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.

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

SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.

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

SEC. 1606. WAIVER.

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

SEC. 1607. REPORTING REQUIREMENT.

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

SEC. 1608. DEFINITIONS.

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

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

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

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

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

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

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

SECTION 1.\1\ SHORT TITLE

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

SEC. 2. TABLE OF CONTENTS * * *

SEC. 3.\1\ DEFINITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

``Persian Gulf Regional Defense Fund

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

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

SEC. 103. ADDITIONAL TRANSFER AUTHORITY

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

SEC. 104. ADMINISTRATION OF TRANSFERS

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

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

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

SEC. 106. MONTHLY REPORTS ON TRANSFERS

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

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

          * * * * * * *

SEC. 203. AUTHORIZATION FROM DEFENSE COOPERATION ACCOUNT

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

SEC. 204. CONFORMING REPEAL

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

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

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

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

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

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

SEC. 403. FORM OF REPORTS

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

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

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

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

                      TITLE VI--GENERAL PROVISIONS

          * * * * * * *

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

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

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

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

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

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

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

SEC. 801. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR OPERATING 
                    EXPENSES

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

SEC. 803. APPLICABILITY OF RECURRING GENERAL PROVISIONS

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

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

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

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

                      TITLE V--GENERAL PROVISIONS

          * * * * * * *

                       iraq sanctions act of 1990

SEC. 586. SHORT TITLE.

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

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

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

SEC. 586B. CONSULTATIONS WITH CONGRESS.

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

SEC. 586C. TRADE EMBARGO AGAINST IRAQ.

  (a) Continuation of Embargo.--Except as otherwise provided in 
this section, the President shall continue to impose the trade 
embargo and other economic sanctions with respect to Iraq and 
Kuwait that the United States is imposing, in response to 
Iraq's invasion of Kuwait, pursuant to Executive Orders 
Numbered 12724 and 12725 (August 9, 1990) and, to the extent 
they are still in effect, Executive Orders Numbered 12722 and 
12723 \2\ (August 2, 1990). Notwithstanding any other provision 
of law, no funds, credits, guarantees, or insurance 
appropriated or otherwise made available by this or any other 
Act for fiscal year 1991 or any fiscal year thereafter shall be 
used to support or administer any financial or commercial 
operation of any United States Government department, agency, 
or other entity, or of any person subject to the jurisdiction 
of the United States, for the benefit of the Government of 
Iraq, its agencies or instrumentalities, or any person working 
on behalf of the Government of Iraq, contrary to the trade 
embargo and other economic sanctions imposed in accordance with 
this section.
---------------------------------------------------------------------------
    \2\ Executive Orders 12723 and 12725, relating to Kuwait, were 
revoked by Executive Order 12771 of July 25, 1991 (56 F.R. 35993; July 
29, 1991). The national emergency with respect to Iraq detailed in 
Executive Orders 12722 and 12724 was extended by unnumbered notice on 
July 26, 1991 (56 F.R. 35995; July 29, 1991).
---------------------------------------------------------------------------
  (b) Humanitarian Assistance.--To the extent that transactions 
involving foodstuffs or payments for foodstuffs are exempted 
``in humanitarian circumstances'' from the prohibitions 
established by the United States pursuant to United Nations 
Security Council Resolution 661 (1990), those exemptions shall 
be limited to foodstuffs that are to be provided consistent 
with United Nations Security Council Resolution 666 (1990) and 
other relevant Security Council resolutions.\3\
---------------------------------------------------------------------------
    \3\ United Nations Security Council Resolution 678, adopted 
November 29, 1990, recalled and reaffirmed the intentions of earlier 
U.N. resolutions relating to Iraq's invasion of Kuwait on August 2, 
1990. Earlier resolutions, in part: condemned the Iraqi invasion of 
Kuwait, demanded that Iraq withdraw immediately and unconditionally 
from Kuwait, called upon Iraq and Kuwait to begin negotiations for the 
resolution of their differences (Resolution 660 adopted August 2, 
1990); prevented trade relations between Iraq and U.N. Member States, 
or the import of any Iraqi or Kuwaiti products, and established a 
Committee of the Security Council to examine progress of this trade 
embargo (Resolution 661 adopted August 6, 1990); determined that the 
annexation of Kuwait by Iraq had no legal validity (Resolution 662 of 
August 9, 1990); demanded that Iraq facilitate and permit the immediate 
departure from Kuwait and Iraq of third country citizens (Resolution 
664 adopted August 18, 1990); called upon Member States to blockade 
maritime activity to the region (Resolution 665 adopted August 25, 
1990); considered an exemption of the trade embargo for foodstuffs to 
Iraq and Kuwait (Resolution 666 adopted September 13, 1990); condemned 
Iraq's aggressions against international diplomatic premises and 
personnel in Kuwait (Resolution 667 adopted September 16, 1990); 
expanded responsibilities of the Committee established under Resolution 
661 (Resolution 669 adopted September 14, 1990); further defined the 
trade embargo to include air traffic, and called upon Member States to 
detain Iraqi ships in port (Resolution 670 adopted September 25, 1990); 
condemned the taking of third nation nationals hostage, and condemned 
the destruction of Kuwaiti property by Iraq (Resolution 674 adopted 
October 29, 1990); and condemned Iraqi attempts to alter the 
demographic composition of the Kuwaiti population (Resolution 677 
adopted November 28, 1990).
    Resolution 678, adopted by the U.N. Security Council on November 
29, 1990, in part:
    ``Demands that Iraq comply fully with resolutions 660 (1990) and 
all subsequent relevant resolutions, and decides, while maintaining all 
its decisions, to allow Iraq one final opportunity, as a pause of 
goodwill, to do so;
    ``Authorizes Member States cooperating with the Government of 
Kuwait, unless Iraq on or before 15 January 1991 fully implements, as 
set forth in paragraph 1 above, the foregoing resolutions, to use all 
necessary means to uphold and implement resolution 660 (1990) and all 
subsequent relevant resolutions and to restore international peace and 
security in the area;''.
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  (c) Notice to Congress of Exceptions to and Termination of 
Sanctions.--
          (1) Notice of regulations.--Any regulations issued 
        after the date of enactment of this Act with respect to 
        the economic sanctions imposed with respect to Iraq and 
        Kuwait by the United States under Executive Orders 
        Numbered 12722 and 12723 (August 2, 1990) and Executive 
        Orders Numbered 12724 and 12725 (August 9, 1990) \2\ 
        shall be submitted to the Congress before those 
        regulations take effect.
          (2) Notice of termination of sanctions.--The 
        President shall notify the Congress at least 15 days 
        before the termination, in whole or in part, of any 
        sanction imposed with respect to Iraq or Kuwait 
        pursuant to those Executive orders.
  (d) Relation to Other Laws.--
          (1) Sanctions legislation.--The sanctions that are 
        described in subsection (a) are in addition to, and not 
        in lieu of the sanctions provided for in section 586G 
        of this Act or any other provision of law.
          (2) National emergencies and united nations 
        legislation.--Nothing in this section supersedes any 
        provision of the National Emergencies Act or any 
        authority of the President under the International 
        Emergency Economic Powers Act or section 5(a) of the 
        United Nations Participation Act of 1945.

SEC. 586D.\4\ COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ.

  (a) Denial of Assistance.--None of the funds appropriated or 
otherwise made available pursuant to this Act to carry out the 
Foreign Assistance Act of 1961 (including title IV of chapter 2 
of part I, relating to the Overseas Private Investment 
Corporation) or the Arms Export Control Act may be used to 
provide assistance to any country that is not in compliance 
with the United Nations Security Council sanctions against Iraq 
unless the President determines and so certifies to the 
Congress that--
---------------------------------------------------------------------------
    \4\ In Presidential Determination No. 91-46 of July 13, 1991, the 
President invoked the authority of this section when he determined and 
certified ``that assistance for Jordan under chapter 4 of part II of 
the Foreign Assistance Act of 1961, as amended, and under section 23 of 
the Arms Export Control Act, is in the national interest of the United 
States.''. He further determined, by virtue of authority given in sec. 
502(c) of Public Law 102-27, that such assistance ``would be beneficial 
to the peace process in the Middle East'' (56 F.R. 33839; July 24, 
1991).
    In Presidential Determination No. 91-53 of September 16, 1991, the 
President made the same determinations regarding assistance for Jordan 
under chapter 5 of part II of the Foreign Assistance Act of 1961, as 
amended (56 F.R. 49837; October 2, 1991).
---------------------------------------------------------------------------
          (1) such assistance is in the national interest of 
        the United States;
          (2) such assistance will directly benefit the needy 
        people in that country; or
          (3) the assistance to be provided will be 
        humanitarian assistance for foreign nationals who have 
        fled Iraq and Kuwait.
  (b) Import Sanctions.--If the President considers that the 
taking of such action would promote the effectiveness of the 
economic sanctions of the United Nations and the United States 
imposed with respect to Iraq, and is consistent with the 
national interest, the President may prohibit, for such a 
period of time as he considers appropriate, the importation 
into the United States of any or all products of any foreign 
country that has not prohibited--
          (1) the importation of products of Iraq into its 
        customs territory, and
          (2) the export of its products to Iraq.

SEC. 586E. PENALTIES FOR VIOLATIONS OF EMBARGO.

  Notwithstanding section 206 of the International Emergency 
Economic Powers Act (50 U.S.C. 1705) and section 5(b) of the 
United Nations Participation Act of 1945 \5\ (22 U.S.C. 
287c(b))--
---------------------------------------------------------------------------
    \5\ See Legislation on Foreign Relations Through 2005, vol. III; 
and Legislation on Foreign Relations Through 2005, vol. II, 
respectively.
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          (1) a civil penalty of not to exceed $250,000 may be 
        imposed on any person who, after the date of enactment 
        of this Act, violates or evades or attempts to violate 
        or evade Executive Order Numbered 12722, 12723, 12724, 
        or 12725 \2\ or any license, order, or regulation 
        issued under any such Executive order; and
          (2) whoever, after the date of enactment of this Act, 
        willfully violates or evades or attempts to violate or 
        evade Executive Order Numbered 12722, 12723, 12724, or 
        12725 \2\ or any license, order, or regulation issued 
        under any such Executive order--
                  (A) shall, upon conviction, be fined not more 
                than $1,000,000, if a person other than a 
                natural person; or
                  (B) if a natural person, shall, upon 
                conviction, be fined not more than $1,000,000, 
                be imprisoned for not more than 12 years, or 
                both.
Any officer, director, or agent of any corporation who 
knowingly participates in a violation, evasion, or attempt 
described in paragraph (2) may be punished by imposition of the 
fine or imprisonment (or both) specified in subparagraph (B) of 
that paragraph.

SEC. 586F. DECLARATIONS REGARDING IRAQ'S LONG-STANDING VIOLATIONS OF 
                    INTERNATIONAL LAW.

  (a) Iraq's Violations of International Law.--The Congress 
determines that--
          (1) the Government of Iraq has demonstrated repeated 
        and blatant disregard for its obligations under 
        international law by violating the Charter of the 
        United Nations, the Protocol for the Prohibition of the 
        Use in War of Asphyxiating, Poisonous or Other Gases, 
        and of Bacteriological Methods of Warfare (done at 
        Geneva, June 17, 1925), as well as other international 
        treaties;
          (2) the Government of Iraq is a party to the 
        International Covenant on Civil and Political Rights 
        and the International Covenant on Economic, Social, and 
        Cultural Rights and is obligated under the Covenants, 
        as well as the Universal Declaration of Human Rights, 
        to respect internationally recognized human rights;
          (3) the State Department's Country Reports on Human 
        Rights Practices for 1989 again characterizes Iraq's 
        human rights record as ``abysmal'';
          (4) Amnesty International, Middle East Watch, and 
        other independent human rights organizations have 
        documented extensive, systematic, and continuing human 
        rights abuses by the Government of Iraq, including 
        summary executions, mass political killings, 
        disappearances, widespread use of torture, arbitrary 
        arrests and prolonged detention without trial of 
        thousands of political opponents, forced relocation and 
        deportation, denial of nearly all civil and political 
        rights such as freedom of association, assembly, 
        speech, and the press, and the imprisonment, torture, 
        and execution of children;
          (5) since 1987, the Government of Iraq has 
        intensified its severe repression of the Kurdish 
        minority of Iraq, deliberately destroyed more than 
        3,000 villages and towns in the Kurdish regions, and 
        forcibly expelled more than 500,000 people, thus 
        effectively depopulating the rural areas of Iraqi 
        Kurdistan;
          (6) Iraq has blatantly violated international law by 
        initiating use of chemical weapons in the Iran-Iraq 
        war;
          (7) Iraq has also violated international law by using 
        chemical weapons against its own Kurdish citizens, 
        resulting in tens of thousands of deaths and more than 
        65,000 refugees;
          (8) Iraq continues to expand its chemical weapons 
        capability, and President Saddam Hussein has threatened 
        to use chemical weapons against other nations;
          (9) persuasive evidence exists that Iraq is 
        developing biological weapons in violation of 
        international law;
          (10) there are strong indications that Iraq has taken 
        steps to produce nuclear weapons and has attempted to 
        smuggle from the United States, in violation of United 
        States law, components for triggering devices used in 
        nuclear warheads whose manufacture would contravene the 
        Treaty on the Non-Proliferation of Nuclear Weapons, to 
        which Iraq is a party; and
          (11) Iraqi President Saddam Hussein has threatened to 
        use terrorism against other nations in violation of 
        international law and has increased Iraq's support for 
        the Palestine Liberation Organization and other 
        Palestinian groups that have conducted terrorist acts.
  (b) Human Rights Violations.--The Congress determines that 
the Government of Iraq is engaged in a consistent pattern of 
gross violations of internationally recognized human rights. 
All provisions of law that impose sanctions against a country 
whose government is engaged in a consistent pattern of gross 
violations of internationally recognized human rights shall be 
fully enforced against Iraq.
  (c) Support for International Terrorism.--(1) The Congress 
determines that Iraq is a country which has repeatedly provided 
support for acts of international terrorism, a country which 
grants sanctuary from prosecution to individuals or groups 
which have committed an act of international terrorism, and a 
country which otherwise supports international terrorism. The 
provisions of law specified in paragraph (2) and all other 
provisions of law that impose sanctions against a country which 
has repeatedly provided support for acts of international 
terrorism, which grants sanctuary from prosecution to an 
individual or group which has committed an act of international 
terrorism, or which otherwise supports international terrorism 
shall be fully enforced against Iraq.
  (2) The provisions of law referred to in paragraph (1) are--
          (A) section 40 of the Arms Export Control Act;
          (B) section 620A of the Foreign Assistance Act of 
        1961;
          (C) sections 555 and 556 of this Act (and the 
        corresponding sections of predecessor foreign 
        operations appropriations Acts); and
          (D) section 555 of the International Security and 
        Development Cooperation Act of 1985.
  (d) Multilateral Cooperation.--The Congress calls on the 
President to seek multilateral cooperation--
          (1) to deny dangerous technologies to Iraq;
          (2) to induce Iraq to respect internationally 
        recognized human rights; and
          (3) to induce Iraq to allow appropriate international 
        humanitarian and human rights organizations to have 
        access to Iraq and Kuwait, including the areas in 
        northern Iraq traditionally inhabited by Kurds.

SEC. 586G. SANCTIONS AGAINST IRAQ.

  (a) \6\ Imposition.--Except as provided in section 586H, the 
following sanctions shall apply with respect to Iraq:
---------------------------------------------------------------------------
    \6\ Sec. 1603 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2752) provided the following:
---------------------------------------------------------------------------

``sec. 1603. application to iran of certain iraq sanctions.
---------------------------------------------------------------------------

    ``The sanctions against Iraq specified in paragraphs (1) through 
(4) of section 586G(a) of the Iraq Sanctions Act of 1990 (as contained 
in Public Law 101-513), including denial of export licenses for United 
States persons and prohibitions on United States Government sales, 
shall be applied to the same extent and in the same manner with respect 
to Iran.''.
    See also title XVI of that Act--Iran-Iraq Arms Non-Proliferation 
Act of 1992.
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          (1) FMS sales.--The United States Government shall 
        not enter into any sale with Iraq under the Arms Export 
        Control Act.
          (2) Commercial arms sales.--Licenses shall not be 
        issued for the export to Iraq of any item on the United 
        States Munitions List.
          (3) Exports of certain goods and technology.--The 
        authorities of section 6 of the Export Administration 
        Act of 1979 (50 U.S.C. App. 2405) shall be used to 
        prohibit the export to Iraq of any goods or technology 
        listed pursuant to that section or section 5(c)(1) of 
        that Act (50 U.S.C. App. 2404(c)(1)) on the control 
        list provided for in section 4(b) of that Act (50 
        U.S.C. App. 2403(b)).
          (4) Nuclear equipment, materials, and technology.--
                  (A) NRC licenses.--The Nuclear Regulatory 
                Commission shall not issue any license or other 
                authorization under the Atomic Energy Act of 
                1954 (42 U.S.C. 2011 and following) for the 
                export to Iraq of any source or special nuclear 
                material, any production or utilization 
                facility, any sensitive nuclear technology, any 
                component, item, or substance determined to 
                have significance for nuclear explosive 
                purposes pursuant to section 109b. of the 
                Atomic Energy Act of 1954 (42 U.S.C. 2139(b)), 
                or any other material or technology requiring 
                such a license or authorization.
                  (B) Distribution of nuclear materials.--The 
                authority of the Atomic Energy Act of 1954 
                shall not be used to distribute any special 
                nuclear material, source material, or byproduct 
                material to Iraq.
                  (C) DOE authorizations.--The Secretary of 
                Energy shall not provide a specific 
                authorization under section 57b. (2) of the 
                Atomic Energy Act of 1954 (42 U.S.C. 
                2077(b)(2)) for any activity that would 
                constitute directly or indirectly engaging in 
                Iraq in activities that require a specific 
                authorization under that section.
          (5) Assistance from international financial 
        institutions.--The United States shall oppose any loan 
        or financial or technical assistance to Iraq by 
        international financial institutions in accordance with 
        section 701 of the International Financial Institutions 
        Act (22 U.S.C. 262d).
          (6) Assistance through the export-import bank.--
        Credits and credit guarantees through the Export-Import 
        Bank of the United States shall be denied to Iraq.
          (7) Assistance through the commodity credit 
        corporation.--Credit, credit guarantees, and other 
        assistance through the Commodity Credit Corporation 
        shall be denied to Iraq.
          (8) Foreign assistance.--All forms of assistance 
        under the Foreign Assistance Act of 1961 (22 U.S.C. 
        2151 and following) other than emergency assistance for 
        medical supplies and other forms of emergency 
        humanitarian assistance, and under the Arms Export 
        Control Act (22 U.S.C. 2751 and following) shall be 
        denied to Iraq.
  (b) Contract Sanctity.--For purposes of the export controls 
imposed pursuant to subsection (a)(3), the date described in 
subsection (m)(1) of section 6 of the Export Administration Act 
of 1979 (50 U.S.C. App. 2405) shall be deemed to be August 1, 
1990.

SEC. 586H. WAIVER AUTHORITY.

  (a) In General.--The President may waive the requirements of 
any paragraph of section 586G(a) if the President makes a 
certification under subsection (b) or subsection (c).
  (b) Certification of Fundamental Changes in Iraqi Policies 
and Actions.--The authority of subsection (a) may be exercised 
60 days after the President certifies to the Congress that--
          (1) the Government of Iraq--
                  (A) has demonstrated, through a pattern of 
                conduct, substantial improvement in its respect 
                for internationally recognized human rights;
                  (B) is not acquiring, developing, or 
                manufacturing (i) ballistic missiles, (ii) 
                chemical, biological, or nuclear weapons, or 
                (iii) components for such weapons; has forsworn 
                the first use of such weapons; and is taking 
                substantial and verifiable steps to destroy or 
                otherwise dispose of any such missiles and 
                weapons it possesses; and
                  (C) does not provide support for 
                international terrorism;
          (2) the Government of Iraq is in substantial 
        compliance with its obligations under international 
        law, including--
                  (A) the Charter of the United Nations;
                  (B) the International Covenant on Civil and 
                Political Rights (done at New York, December 
                16, 1966) and the International Covenant on 
                Economic, Social, and Cultural Rights (done at 
                New York, December 16, 1966);
                  (C) the Convention on the Prevention and 
                Punishment of the Crime of Genocide (done at 
                Paris, December 9, 1948);
                  (D) the Protocol for the Prohibition of the 
                Use in War of Asphyxiating, Poisonous or Other 
                Gases, and of Bacteriological Methods of 
                Warfare (done at Geneva, June 17, 1925);
                  (E) the Treaty on the Non-Proliferation of 
                Nuclear Weapons (done at Washington, London, 
                and Moscow, July 1, 1968); and
                  (F) the Convention on the Prohibition of the 
                Development, Production and Stockpiling of 
                Bacteriological (Biological) and Toxin Weapons 
                and on Their Destruction (done at Washington, 
                London, and Moscow, April 10, 1972); and
           (3) the President has determined that it is 
        essential to the national interests of the United 
        States to exercise the authority of subsection (a).
  (c) Certification of Fundamental Changes in Iraqi Leadership 
and Policies.--The authority of subsection (a) may be exercised 
30 days after the President certifies to the Congress that--
          (1) there has been a fundamental change in the 
        leadership of the Government of Iraq; and
          (2) the new Government of Iraq has provided reliable 
        and credible assurance that--
                  (A) it respects internationally recognized 
                human rights and it will demonstrate such 
                respect through its conduct;
                  (B) it is not acquiring, developing, or 
                manufacturing and it will not acquire, develop, 
                or manufacture (i) ballistic missiles, (ii) 
                chemical, biological, or nuclear weapons, or 
                (iii) components for such weapons; has forsworn 
                the first use of such weapons; and is taking 
                substantial and verifiable steps to destroy or 
                otherwise dispose of any such missiles and 
                weapons it possesses;
                  (C) it is not and will not provide support 
                for international terrorism; and
                  (D) it is and will continue to be in 
                substantial compliance with its obligations 
                under international law, including all the 
                treaties specified in subparagraphs (A) through 
                (F) of subsection (b)(2).
  (d) Information To Be Included in Certifications.--Any 
certification under subsection (b) or (c) shall include the 
justification for each determination required by that 
subsection. The certification shall also specify which 
paragraphs of section 586G(a) the President will waive pursuant 
to that certification.

SEC. 586I. DENIAL OF LICENSES FOR CERTAIN EXPORTS TO COUNTRIES 
                    ASSISTING IRAQ'S ROCKET OR CHEMICAL, BIOLOGICAL, OR 
                    NUCLEAR WEAPONS CAPABILITY.

  (a) Restriction on Export Licenses.--None of the funds 
appropriated by this or any other Act may be used to approve 
the licensing for export of any supercomputer to any country 
whose government the President determines is assisting, or 
whose government officials the President determines are 
assisting, Iraq to improve its rocket technology or chemical, 
biological, or nuclear weapons capability.
  (b) Negotiations.--The President is directed to begin 
immediate negotiations with those governments with which the 
United States has bilateral supercomputer agreements, including 
the Government of the United Kingdom and the Government of 
Japan, on conditions restricting the transfer to Iraq of 
supercomputer or associated technology.

SEC. 586J. REPORTS TO CONGRESS.

  (a) Study and Report on the International Export to Iraq of 
Nuclear, Biological, Chemical, and Ballistic Missile 
Technology.--(1) The President shall conduct a study on the 
sale, export, and third party transfer or development of 
nuclear, biological, chemical, and ballistic missile technology 
to or with Iraq including--
          (A) an identification of specific countries, as well 
        as companies and individuals, both foreign and 
        domestic, engaged in such sale or export of, nuclear, 
        biological, chemical, and ballistic missile technology;
          (B) a detailed description and analysis of the 
        international supply, information, support, and 
        coproduction network, individual, corporate, and state, 
        responsible for Iraq's current capability in the area 
        of nuclear, biological, chemical, and ballistic missile 
        technology; and
          (C) a recommendation of standards and procedures 
        against which to measure and verify a decision of the 
        Government of Iraq to terminate the development, 
        production, coproduction, and deployment of nuclear, 
        biological, chemical, and offensive ballistic missile 
        technology as well as the destruction of all existing 
        facilities associated with such technologies.
  (2) The President shall include in the study required by 
paragraph (1) specific recommendations on new mechanisms, to 
include, but not be limited to, legal, political, economic and 
regulatory, whereby the United States might contribute, in 
conjunction with its friends, allies, and the international 
community, to the management, control, or elimination of the 
threat of nuclear, biological, chemical, and ballistic missile 
proliferation.
  (3) Not later than March 30, 1991, the President shall submit 
to the Committee on Appropriations and the Committee on Foreign 
Relations of the Senate and the Committee on Appropriations and 
the Committee on Foreign Affairs \7\ of the House of 
Representatives, a report, in both classified and unclassified 
form, setting forth the findings of the study required by 
paragraph (1) of this subsection.
---------------------------------------------------------------------------
    \7\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
  (b) Study and Report on Iraq's Offensive Military 
Capability.--(1) The President shall conduct a study on Iraq's 
offensive military capability and its effect on the Middle East 
balance of power including an assessment of Iraq's power 
projection capability, the prospects for another sustained 
conflict with Iran, joint Iraqi-Jordanian military cooperation, 
the threat Iraq's arms transfer activities pose to United 
States allies in the Middle East, and the extension of Iraq's 
political-military influence into Africa and Latin America.
  (2) Not later than March 30, 1991, the President shall submit 
to the Committee on Appropriations and the Committee on Foreign 
Relations of the Senate and the Committee on Appropriations and 
the Committee on Foreign Affairs \7\ of the House of 
Representatives, a report, in both classified and unclassified 
form, setting forth the findings of the study required by 
paragraph (1).
  (c) Report on Sanctions Taken by Other Nations Against 
Iraq.--(1) The President shall prepare a report on the steps 
taken by other nations, both before and after the August 2, 
1990, invasion of Kuwait, to curtail the export of goods, 
services, and technologies to Iraq which might contribute to, 
or enhance, Iraq's nuclear, biological, chemical, and ballistic 
missile capability.
  (2) The President shall provide a complete accounting of 
international compliance with each of the sanctions resolutions 
adopted by the United Nations Security Council against Iraq 
since August 2, 1990, and shall list, by name, each country 
which to his knowledge, has provided any assistance to Iraq and 
the amount and type of that assistance in violation of each 
United Nations resolution.\3\
  (3) The President shall make every effort to encourage other 
nations, in whatever forum or context, to adopt sanctions 
toward Iraq similar to those contained in this section.
  (4) Not later than every 6 months after the date of enactment 
of this Act, the President shall submit to the Committee on 
Appropriations and the Committee on Foreign Relations of the 
Senate and the Committee on Appropriations and the Committee on 
Foreign Affairs \7\ of the House of Representatives, a report 
in both classified and unclassified form, setting forth the 
findings of the study required by paragraph (1) of this 
subsection.
          * * * * * * *
      b. Assistance to Eastern Europe and the Former Soviet Union

                   (1) Belarus Democracy Act of 2004

  Public Law 108-347 [H.R. 854], 118 Stat. 1383, approved October 20, 
                                  2004

  AN ACT To provide for the promotion of democracy, human rights, and 
 rule of law in the Republic of Belarus and for the consolidation and 
         strengthening of Belarus sovereignty and independence.

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

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Belarus Democracy Act of 
2004''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 5811 note.
---------------------------------------------------------------------------

SEC. 2.\1\ FINDINGS.

    Congress makes the following findings:
          (1) The United States supports the promotion of 
        democracy, respect for human rights, and the rule of 
        law in the Republic of Belarus consistent with its 
        commitments as a participating state of the 
        Organization for Security and Cooperation in Europe 
        (OSCE).
          (2) The United States has a vital interest in the 
        independence and sovereignty of the Republic of Belarus 
        and its integration into the European community of 
        democracies.
          (3) In November 1996, Lukashenka orchestrated an 
        illegal and unconstitutional referendum that enabled 
        him to impose a new constitution, abolish the duly-
        elected parliament, the 13th Supreme Soviet, install a 
        largely powerless National Assembly, and extend his 
        term of office to 2001.
          (4) Democratic forces in Belarus have organized 
        peaceful demonstrations against the Lukashenka regime 
        in cities and towns throughout Belarus which led to 
        beatings, mass arrests, and extended incarcerations.
          (5) Victor Gonchar, Anatoly Krasovsky, and Yuri 
        Zakharenka, who have been leaders and supporters of the 
        democratic forces in Belarus, and Dmitry Zavadsky, a 
        journalist known for his critical reporting in Belarus, 
        have disappeared and are presumed dead.
          (6) Former Belarus Government officials have come 
        forward with credible allegations and evidence that top 
        officials of the Lukashenka regime were involved in the 
        disappearances.
          (7) The Belarusian authorities have mounted a major 
        systematic crackdown on civil society through the 
        closure, harassment, and repression of nongovernmental 
        organizations, and independent trade unions.
          (8) The Belarusian authorities actively suppress 
        freedom of speech and expression, including engaging in 
        systematic reprisals against independent media.
          (9) The Lukashenka regime has reversed the revival of 
        Belarusian language and culture, including through the 
        closure of the National Humanities Lyceum, the last 
        remaining high school where classes were taught in the 
        Belarusian language.
          (10) The Lukashenka regime harasses the autocephalic 
        Belarusian Orthodox Church, the Roman Catholic Church, 
        the Jewish community, the Hindu Lights of Kalyasa 
        community, evangelical Protestant churches (such as 
        Baptist and Pentecostal groups), and other minority 
        religious groups.
          (11) The Law on Religious Freedom and Religious 
        Organizations, passed by the National Assembly and 
        signed by Lukashenka on October 31, 2002, establishes 
        one of the most repressive legal regimes in the OSCE 
        region, severely limiting religious freedom and placing 
        excessively burdensome government controls on religious 
        practice.
          (12) The parliamentary elections of October 15, 2000, 
        and the presidential election of September 9, 2001, 
        were determined to be fundamentally unfair and 
        nondemocratic.
          (13) The Government of Belarus has made no 
        substantive progress in addressing criteria established 
        by the OSCE in 2000, ending repression and the climate 
        of fear, permitting a functioning independent media, 
        ensuring transparency of the elections process, and 
        strengthening of the functions of parliament.

SEC. 3.\1\ ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN 
                    BELARUS.

    (a) Purposes of Assistance.--The assistance under this 
section shall be available for the following purposes:
          (1) To assist the people of the Republic of Belarus 
        in regaining their freedom and to enable them to join 
        the European community of democracies.
          (2) To encourage free and fair presidential, 
        parliamentary, and local elections in Belarus, 
        conducted in a manner consistent with internationally 
        accepted standards and under the supervision of 
        internationally recognized observers.
          (3) To assist in restoring and strengthening 
        institutions of democratic governance in Belarus.
    (b) Authorization for Assistance.--To carry out the 
purposes of subsection (a), the President is authorized to 
furnish assistance and other support for the activities 
described in subsection (c), to be provided primarily for 
indigenous Belarusian groups that are committed to the support 
of democratic processes.
    (c) Activities Supported.--Activities that may be supported 
by assistance under subsection (b) include--
          (1) the observation of elections and the promotion of 
        free and fair electoral processes;
          (2) development of democratic political parties;
          (3) radio and television broadcasting to and within 
        Belarus;
          (4) the development of nongovernmental organizations 
        promoting democracy and supporting human rights;
          (5) the development of independent media working 
        within Belarus and from locations outside the country 
        and supported by nonstate-controlled printing 
        facilities;
          (6) international exchanges and advanced professional 
        training programs for leaders and members of the 
        democratic forces in skill areas central to the 
        development of civil society; and
          (7) other activities consistent with the purposes of 
        this Act.
    (d) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated to the President to carry out this section 
        such sums as may be necessary for each of the fiscal 
        years 2005 and 2006.
          (2) Availability of funds.--Amounts appropriated 
        pursuant to the authorization of appropriations under 
        paragraph (1) are authorized to remain available until 
        expended.

SEC. 4.\1\ RADIO BROADCASTING TO BELARUS.

    (a) Purpose.--It is the purpose of this section to 
authorize increased support for United States Government and 
surrogate radio broadcasting to the Republic of Belarus that 
will facilitate the unhindered dissemination of information.
    (b) Authorization of Appropriations.--In addition to such 
sums as are otherwise authorized to be appropriated, there are 
authorized to be appropriated such sums as may be necessary for 
fiscal year 2005 and each subsequent fiscal year for radio 
broadcasting to the people of Belarus in languages spoken in 
Belarus.

SEC. 5.\1\ SENSE OF CONGRESS RELATING TO SANCTIONS AGAINST BELARUS.

    (a) Sense of Congress.--It is the sense of Congress that 
the sanctions described in subsection (c) should apply with 
respect to the Republic of Belarus until the President 
determines and certifies to the appropriate congressional 
committees that the Government of Belarus has made significant 
progress in meeting the conditions described in subsection (b).
    (b) Conditions.--The conditions referred to in subsection 
(a) are the following:
          (1) The release of individuals in Belarus who have 
        been jailed based on political or religious beliefs.
          (2) The withdrawal of politically motivated legal 
        charges against all opposition figures and independent 
        journalists in Belarus.
          (3) A full accounting of the disappearances of 
        opposition leaders and journalists in Belarus, 
        including Victor Gonchar, Anatoly Krasovsky, Yuri 
        Zakharenka, and Dmitry Zavadsky, and the prosecution of 
        those individuals who are responsible for their 
        disappearances.
          (4) The cessation of all forms of harassment and 
        repression against the independent media, independent 
        trade unions, nongovernmental organizations, religious 
        organizations (including their leadership and members), 
        and the political opposition in Belarus.
          (5) The implementation of free and fair presidential 
        and parliamentary elections in Belarus consistent with 
        OSCE commitments.
    (c) Prohibition on Loans and Investment.--
          (1) United states government financing.--No loan, 
        credit guarantee, insurance, financing, or other 
        similar financial assistance should be extended by any 
        agency of the United States Government (including the 
        Export-Import Bank and the Overseas Private Investment 
        Corporation) to the Government of Belarus, except with 
        respect to the provision of humanitarian goods and 
        agricultural or medical products.
          (2) Trade and development agency.--No funds available 
        to the Trade and Development Agency should be available 
        for activities of the Agency in or for Belarus.
    (d) Multilateral Financial Assistance.--It is further the 
sense of Congress that, in addition to the application of the 
sanctions described in subsection (c) to the Republic of 
Belarus (until the President determines and certifies to the 
appropriate congressional committees that the Government of 
Belarus has made significant progress in meeting the conditions 
described in subsection (b)), the Secretary of the Treasury 
should instruct the United States Executive Director of each 
international financial institution to which the United States 
is a member to use the voice and vote of the United States to 
oppose any extension by those institutions of any financial 
assistance (including any technical assistance or grant) of any 
kind to the Government of Belarus, except for loans and 
assistance that serve humanitarian needs.

SEC. 6.\1\ MULTILATERAL COOPERATION.

    It is the sense of Congress that the President should 
continue to seek to coordinate with other countries, 
particularly European countries, a comprehensive, multilateral 
strategy to further the purposes of this Act, including, as 
appropriate, encouraging other countries to take measures with 
respect to the Republic of Belarus that are similar to measures 
described in this Act.

SEC. 7.\1\  REPORT.

    (a) Report.--Not later than 90 days after the date of the 
enactment of this Act, and not later than 1 year thereafter, 
the President shall transmit to the appropriate congressional 
committees a report that describes, with respect to the 
preceding 12-month period, and to the extent practicable the 
following:
          (1) The sale or delivery of weapons or weapons-
        related technologies from the Republic of Belarus to 
        any country, the government of which the Secretary of 
        State has determined, for purposes of section 6(j)(1) 
        of the Export Administration Act of 1979 (50 U.S.C. 
        App. 2405(j)(1)), has repeatedly provided support for 
        acts of international terrorism.
          (2) An identification of each country described in 
        paragraph (1) and a detailed description of the weapons 
        or weapons-related technologies involved in the sale.
          (3) An identification of the goods, services, 
        credits, or other consideration received by Belarus in 
        exchange for the weapons or weapons-related 
        technologies.
          (4) The personal assets and wealth of Aleksandr 
        Lukashenka and other senior leadership of the 
        Government of Belarus.
    (b) Form.--A report transmitted pursuant to subsection (a) 
shall be in unclassified form but may contain a classified 
annex.

SEC. 8.\1\ DECLARATION OF POLICY.

    Congress hereby--
          (1) calls upon the Lukashenka regime to cease its 
        persecution of political opponents or independent 
        journalists and to release those individuals who have 
        been imprisoned for opposing his regime or for 
        exercising their right to freedom of speech;
          (2) expresses its grave concern about the 
        disappearance of Victor Gonchar, Anatoly Krasovsky, 
        Yuri Zakharenko, and Dmitry Zavadsky and calls upon the 
        Lukashenka regime to cooperate fully with the 
        Belrussian civil initiative ``We Remember'' and to 
        extend to this organization all necessary information 
        to find out the truth about the disappearances;
          (3) calls upon the Lukashenka regime to cooperate 
        fully with the Parliamentary Assembly of the Council of 
        Europe (PACE) and its specially appointed 
        representatives in matters regarding the resolution of 
        the cases of the disappeared; and
          (4) commends the democratic opposition in Belarus for 
        their commitment to participate in October 2004 
        Parliamentary elections as a unified coalition and for 
        their courage in the face of the repression of the 
        Lukashenka regime in Belarus.

SEC. 9.\1\ DEFINITIONS.

    In this Act:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on International Relations of the House of 
        Representatives and the Committee on Foreign Relations 
        of the Senate.
          (2) OSCE.--The term ``OSCE'' means the Organization 
        for Security and Cooperation in Europe.
          (3) Senior leadership of the government of belarus.--
        The term ``senior leadership of the Government of 
        Belarus'' includes--
                  (A) the President, Prime Minister, Deputy 
                Prime Ministers, government ministers, Chairmen 
                of State Committees, and members of the 
                Presidential Administration of Belarus;
                  (B) any official of the Government of Belarus 
                who is personally and substantially involved in 
                the suppression of freedom in Belarus, 
                including judges and prosecutors; and
                  (C) any other individual determined by the 
                Secretary of State (or the Secretary's 
                designee) to be personally and substantially 
                involved in the formulation or execution of the 
                policies of the Lukashenka regime that are in 
                contradiction of internationally recognized 
                human rights standards.
                   (2) Russian Democracy Act of 2002

 Public Law 107-246 [H.R. 2121], 116 Stat. 1511, approved October 23, 
                                  2002

AN ACT To make available funds under the Foreign Assistance Act of 1961 
 to expand democracy, good governance, and anti-corruption programs in 
 the Russian Federation in order to promote and strengthen democratic 
  government and civil society and independent media in that country.

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

SECTION 1.\1\ SHORT TITLE.

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

SEC. 2.\2\ FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2295 note.
---------------------------------------------------------------------------
          (1) Since the dissolution of the Soviet Union, the 
        leadership of the Russian Federation has publicly 
        committed itself to building--
                  (A) a society with democratic political 
                institutions and practices, the observance of 
                universally recognized standards of human 
                rights, and religious and press freedom; and
                  (B) a market economy based on internationally 
                accepted principles of transparency, 
                accountability, and the rule of law.
          (2) In order to facilitate this transition, the 
        international community has provided multilateral and 
        bilateral technical assistance, and the United States' 
        contribution to these efforts has played an important 
        role in developing new institutions built on democratic 
        and liberal economic foundations and the rule of law.
          (3)(A) Since 1992, United States Government 
        democratic reform programs and public diplomacy 
        programs, including training, and small grants have 
        provided access to and training in the use of the 
        Internet, brought nearly 40,000 Russian citizens to the 
        United States, and have led to the establishment of 
        more than 65,000 nongovernmental organizations, 
        thousands of independent local media outlets, despite 
        governmental opposition, and numerous political 
        parties.
          (B) These efforts contributed to the substantially 
        free and fair Russian parliamentary elections in 1995 
        and 1999.
          (4) The United States has assisted Russian efforts to 
        replace its centrally planned, state-controlled economy 
        with a market economy and helped create institutions 
        and infrastructure for a market economy. Approximately 
        two-thirds of the Russian Federation's gross domestic 
        product is now generated by the private sector, and the 
        United States recognized Russia as a market economy on 
        June 7, 2002.
          (5)(A) The United States has fostered grassroots 
        entrepreneurship in the Russian Federation by focusing 
        United States economic assistance on small- and medium-
        sized businesses and by providing training, consulting 
        services, and small loans to more than 250,000 Russian 
        entrepreneurs.
          (B) There are now more than 900,000 small businesses 
        in the Russian Federation, producing 12 to 15 percent, 
        depending on the estimate, of the gross domestic 
        product of the Russian Federation.
          (C) United States-funded programs have contributed to 
        fighting corruption and financial crime, such as money 
        laundering, by helping to--
                  (i) establish a commercial legal 
                infrastructure;
                  (ii) develop an independent judiciary;
                  (iii) support the drafting of a new criminal 
                code, civil code, and bankruptcy law;
                  (iv) develop a legal and regulatory framework 
                for the Russian Federation's equivalent of the 
                United States Securities and Exchange 
                Commission;
                  (v) support Russian law schools;
                  (vi) create legal aid clinics; and
                  (vii) bolster law-related activities of 
                nongovernmental organizations.
          (6) Because the capability of Russian democratic 
        forces and the civil society to organize and defend 
        democratic gains without international support is 
        uncertain, and because the gradual integration of the 
        Russian Federation into the global order of free-
        market, democratic nations would enhance Russian 
        cooperation with the United States on a wide range of 
        political, economic, and security issues, the success 
        of democracy in Russia is in the national security 
        interest of the United States, and the United States 
        Government should develop a far-reaching and flexible 
        strategy aimed at strengthening Russian society's 
        support for democracy and a market economy, 
        particularly by enhancing Russian democratic 
        institutions and education, promoting the rule of law, 
        and supporting Russia's independent media.
          (7) Since the tragic events of September 11, 2001, 
        the Russian Federation has stood with the United States 
        and the rest of the civilized world in the struggle 
        against terrorism and has cooperated in the war in 
        Afghanistan by sharing intelligence and through other 
        means.
          (8) United States-Russia relations have improved, 
        leading to a successful summit between President Bush 
        and President Putin in May 2002, resulting in a 
        ``Foundation for Cooperation''.
    (b) Purposes.--The purposes of this Act are--
          (1) to strengthen and advance institutions of 
        democratic government and of free and independent 
        media, and to sustain the development of an independent 
        civil society in the Russian Federation based on 
        religious and ethnic tolerance, internationally 
        recognized human rights, and an internationally 
        recognized rule of law; and
          (2) to focus United States foreign assistance 
        programs on using local expertise and to give local 
        organizations a greater role in designing and 
        implementing such programs, while maintaining 
        appropriate oversight and monitoring.

SEC. 3.\2\ UNITED STATES POLICY TOWARD THE RUSSIAN FEDERATION.

    (a) Sense of Congress.--It is the sense of Congress that 
the United States Government should--
          (1) recognize that a democratic and economically 
        stable Russian Federation is inherently less 
        confrontational and destabilizing in its foreign policy 
        and therefore that the promotion of democracy in Russia 
        is in the national security interests of the United 
        States; and
          (2) continue and increase assistance to the 
        democratic forces in the Russian Federation, including 
        the independent media, regional administrations, 
        democratic political parties, and nongovernmental 
        organizations.
    (b) Statement of Policy.--It shall be the policy of the 
United States--
          (1) to facilitate Russia's integration into the 
        Western community of nations, including supporting the 
        establishment of a stable democracy and a market 
        economy within the framework of the rule of law and 
        respect for individual rights, including Russia's 
        membership in the appropriate international 
        institutions;
          (2) to engage the Government of the Russian 
        Federation and Russian society in order to strengthen 
        democratic reform and institutions, and to promote 
        transparency and good governance in all aspects of 
        society, including fair and honest business practices, 
        accessible and open legal systems, freedom of religion, 
        and respect for human rights;
          (3) to advance a dialogue among United States 
        Government officials, private sector individuals, and 
        representatives of the Government of the Russian 
        Federation regarding Russia's integration into the 
        Western community of nations;
          (4) to encourage United States Government officials 
        and private sector individuals to meet regularly with 
        democratic activists, human rights activists, 
        representatives of the independent media, 
        representatives of nongovernmental organizations, civic 
        organizers, church officials, and reform-minded 
        politicians from Moscow and all other regions of the 
        Russian Federation;
          (5) to incorporate democratic reforms, the promotion 
        of independent media, and economic reforms in a broader 
        United States dialogue with the Government of the 
        Russian Federation;
          (6) to encourage the Government of the Russian 
        Federation to address, in a cooperative and transparent 
        manner consistent with internationally recognized and 
        accepted principles, cross-border issues, including the 
        nonproliferation of weapons of mass destruction, 
        environmental degradation, crime, trafficking, and 
        corruption;
          (7) to consult with the Government of the Russian 
        Federation and the Russian Parliament on the adoption 
        of economic and social reforms necessary to sustain 
        Russian economic growth and to ensure Russia's 
        transition to a fully functioning market economy and 
        membership in the World Trade Organization;
          (8) to persuade the Government of the Russian 
        Federation to honor its commitments made to the 
        Organization for Security and Cooperation in Europe 
        (OSCE) at the November 1999 Istanbul Conference, and to 
        conduct a genuine good neighbor policy toward the other 
        independent states of the former Soviet Union in the 
        spirit of internationally accepted principles of 
        regional cooperation; and
          (9) to encourage the G-8 partners and international 
        financial institutions, including the World Bank, the 
        International Monetary Fund, and the European Bank for 
        Reconstruction and Development, to develop financial 
        safeguards and transparency practices in lending to the 
        Russian Federation.

SEC. 4. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF 1961. * * *

SEC. 5.\2\ ACTIVITIES TO SUPPORT THE RUSSIAN FEDERATION.

    (a) Assistance Programs.--In providing assistance to the 
Russian Federation under chapter 11 of part I of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2295 et seq.), the President 
is authorized to--
          (1) work with the Government of the Russian 
        Federation, the Duma, and representatives of the 
        Russian Federation judiciary to help implement a 
        revised and improved code of criminal procedure and 
        other laws;
          (2) establish civic education programs relating to 
        democracy, public policy, the rule of law, and the 
        importance of independent media, including the 
        establishment of ``American Centers'' and public policy 
        schools at Russian universities and encourage 
        cooperative programs with universities in the United 
        States to offer courses through Internet-based off-site 
        learning centers at Russian universities; and
          (3) support the Regional Initiatives (RI) program, 
        which provides targeted assistance in those regions of 
        the Russian Federation that have demonstrated a 
        commitment to reform, democracy, and the rule of law, 
        and which promotes the concept of such programs as a 
        model for all regions of the Russian Federation.
    (b) Radio Free Europe/Radio Liberty and Voice of America.--
RFE/RL, Incorporated, and the Voice of America should use new 
and innovative techniques, in cooperation with local 
independent media sources and using local languages as 
appropriate and as possible, to disseminate throughout the 
Russian Federation information relating to democracy, free-
market economics, the rule of law, and human rights.

SEC. 6. AUTHORIZATION OF ASSISTANCE FOR DEMOCRACY, INDEPENDENT MEDIA, 
                    AND THE RULE OF LAW.

    Of the amounts made available to carry out the provision of 
chapter 11 of part I of the Foreign Assistance Act of 1961 (22 
U.S.C. 2295 et seq.) and the FREEDOM Support Act for fiscal 
year 2003, $50,000,000 is authorized to be available for the 
activities authorized by paragraphs (2) and (3) of section 498 
of the Foreign Assistance Act of 1961, as amended by section 
4(a) of this Act.

SEC. 7. PRESERVING THE ARCHIVES OF HUMAN RIGHTS ACTIVIST AND NOBEL 
                    PEACE PRIZE WINNER ANDREI SAKHAROV.

    (a) Authorization.--The President is authorized, on such 
terms and conditions as the President determines to be 
appropriate, to make a grant to Brandeis University for an 
endowment for the Andrei Sakharov Archives and Human Rights 
Center for the purpose of collecting and preserving documents 
related to the life of Andrei Sakharov and the administration 
of such Center.
    (b) Funding.--There is authorized to be appropriated to the 
President to carry out subsection (a) not more than $1,500,000.

SEC. 8. EXTENSION OF LAW.

    The provisions of section 108(c) of H.R. 3427, as enacted 
by section 1000(a)(7) of Public Law 106-113, shall apply to 
United States contributions for fiscal year 2003 to the 
organization described in section 108(c) of H.R. 3427.\3\
---------------------------------------------------------------------------
    \3\ Sec. 108(c) of H.R. 3427, enacted in Public Law 106-113 (113 
Stat. 1537-409), provided the following:
    ``(c) Restrictions on United States Voluntary Contributions To 
United Nations Development Program.--
---------------------------------------------------------------------------

  ``(1) Limitation.--Of the amounts made available under subsection (a) for 
each of the fiscal years 2000 and 2001 for United States voluntary 
contributions to the United Nations Development Program an amount equal to 
the amount the United Nations Development Program will spend in Burma 
during each fiscal year shall be withheld unless during such fiscal year 
the Secretary of State submits to the appropriate congressional committees 
the certification described in paragraph (2).

  ``(2) Certification.--The certification referred to in paragraph (1) is a 
certification by the Secretary of State that all programs and activities of 
the United Nations Development Program (including United Nations 
Development Program--Administered Funds) in Burma--

  ``(A) are focused on eliminating human suffering and addressing the needs 
of the poor;

  ``(B) are undertaken only through international or private voluntary 
organizations that have been deemed independent of the State Peace and 
Development Council (SPDC) (formerly known as the State Law and Order 
Restoration Council (SLORC)), after consultation with the leadership of the 
National League for Democracy and the leadership of the National Coalition 
Government of the Union of Burma;

  ``(C) provide no financial, political, or military benefit to the SPDC; 
and

  ``(D) are carried out only after consultation with the leadership of the 
National League for Democracy and the leadership of the National Coalition 
Government of the Union of Burma.''.
(3) Act For Reform In Emerging New Democracies and Support and Help for 
 Improved Partnership with Russia, Ukraine, and Other New Independent 
                                 States

                             FRIENDSHIP Act

    Partial text of Public Law 103-199 [H.R. 3000], 107 Stat. 2317, 
                       approved December 17, 1993

--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                           Note.--The FRIENDSHIP Act amends several Public Laws presented in Legislation on Foreign Relations.
                           In volume I-A, see: Foreign Assistance Act of 1961; Arms Export Control Act; International Security
                          Assistance and Arms Export Control Act of 1976; International Security Assistance Act of 1978; and
                          International Security and Development Cooperation Act of 1981.
                           In volume I-B, see: Department of Defense Appropriations Authorization Act, 1975; Department of
                          Defense Authorization Act, 1986; National Defense Authorization Act, Fiscal Year 1987; National
                          Defense Authorization Act for Fiscal Years 1988 and 1989; National Defense Authorization Act, Fiscal
                          Year 1989; and Joint Resolution of August 8, 1985 relating to U.S./Soviet communications.
                           In volume II, see: Department of State Authorization Act, Fiscal Years 1982 and 1983; Foreign
                          Relations Authorization Act, Fiscal Years 1986 and 1987; Foreign Relations Authorization Act, Fiscal
                          Years 1988 and 1989; Foreign Relations Authorization Act, Fiscal Years 1990 and 1991; Foreign
                          Relations Authorization Act, Fiscal Years 1992 and 1993; Mutual Educational and Cultural Exchange Act
                          of 1961; Soviet-Eastern European Research and Training Act of 1983; Fascell Fellowship Act; Board for
                          International Broadcasting Authorization Act, Fiscal Years 1984 and 1985; Arms Control and Disarmament
                          Act; and Foreign Service Buildings Act, 1926.
                           In volume III, see: Export Administration Act of 1979 and Omnibus Trade and Competitiveness Act of
                          1988.
                           In volume IV, see: Title 18 U.S.C.; Global Climate Protection Act of 1987; and Arctic Research and
                          Policy Act of 1984.
                           The FRIENDSHIP Act also amended: Intelligence Authorization Act, Fiscal Year 1987; Intelligence
                          Authorization Act, Fiscal Year 1988; Intelligence Authorization Act, Fiscal Year 1990; Act of November
                          2, 1966 (Fur Seal Act); Federal Civil Defense Act of 1950; and Subversive Activities Control Act of
                          1950.
 
--------------------------------------------------------------------------------------------------------------------------------------------------------

AN ACT For reform in emerging new democracies and support and help for 
 improved partnership with Russia, Ukraine, and other new independent 
                   states of the former Soviet Union.

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

SECTION 1. SHORT TITLES.

    This Act may be cited as the ``Act For Reform In Emerging 
New Democracies and Support and Help for Improved Partnership 
with Russia, Ukraine, and Other New Independent States'' or as 
the ``FRIENDSHIP Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows: * * *

SEC. 3. DEFINITION.

    As used in this Act (including the amendments made by this 
Act), the terms ``independent states of the former Soviet 
Union'' and ``independent states'' have the meaning given those 
terms by section 3 of the Freedom for Russia and Emerging 
Eurasian Democracies and Open Markets Support Act of 1992 (22 
U.S.C. 5801).

             TITLE I--POLICY OF FRIENDSHIP AND COOPERATION

SEC. 101. STATEMENT OF PURPOSE.

    The purpose of this Act is to amend or repeal numerous 
statutory provisions that restrict or otherwise impede normal 
relations between the United States and the Russian Federation, 
Ukraine, and the other independent states of the former Soviet 
Union. All of the statutory provisions amended or repealed by 
this Act were relevant and appropriate at the time of 
enactment, but with the end of the Cold War, they have become 
obsolete. It is not the purpose of this Act to rewrite or erase 
history, or to forget those who suffered in the past from the 
injustices or repression of communist regimes in the Soviet 
Union, but rather to update United States law to reflect 
changed international circumstances and to demonstrate for 
reformers and democrats in the independent states of the former 
Soviet Union the resolve of the people of the United States to 
support the process of democratic and economic reform and to 
conduct business with those states in a new spirit of 
friendship and cooperation.

SEC. 102. FINDINGS.

    The Congress finds and declares as follows:
          (1) The Vancouver Declaration issued by President 
        Clinton and President Yeltsin in April 1993 marked a 
        new milestone in the development of the spirit of 
        cooperation and partnership between the United States 
        and Russia. The Congress affirms its support for the 
        principles contained in the Vancouver Declaration.
          (2) The Vancouver Declaration underscored that--
                  (A) a dynamic and effective partnership 
                between the United States and Russia is vital 
                to the success of Russia's historic 
                transformation;
                  (B) the rapid integration of Russia into the 
                community of democratic nations and the world 
                economy is important to the national interest 
                of the United States; and
                  (C) cooperation between the United States and 
                Russia is essential to the peaceful resolution 
                of international conflicts and the promotion of 
                democratic values, the protection of human 
                rights, and the solution of global problems 
                such as environmental pollution, terrorism, and 
                narcotics trafficking.
          (3) The Congress enacted the FREEDOM Support Act 
        (Public Law 102-511), as well as other legislation such 
        as the Soviet Nuclear Threat Reduction Act of 1991 
        (title II of Public Law 102-228) and the Former Soviet 
        Union Demilitarization Act of 1992 (title XIV of Public 
        Law 102-484), to help meet the historic opportunities 
        and challenges presented by the transformation that has 
        taken place, and is continuing to take place, in what 
        once was the Soviet Union.
          (4) The process of reform in Russia, Ukraine, and the 
        other independent states of the former Soviet Union is 
        ongoing. The holding of a referendum in Russia on April 
        25, 1993, that was free and fair, and that reflected 
        the support of the Russian people for the process of 
        continued and strengthened democratic and economic 
        reform, represents an important and encouraging 
        hallmark in this ongoing process.
          (5) There remain in force many United States laws 
        that are relics of the Cold War, and repeals or 
        revisions of these provisions can play an important 
        role in efforts to foster and strengthen the bonds of 
        trust and friendship, as well as mutually beneficial 
        trade and economic relations, between the United States 
        and Russia, the United States and Ukraine, and the 
        United States and the other independent states of the 
        former Soviet Union.

SEC. 103. STATUTORY PROVISIONS THAT HAVE BEEN APPLICABLE TO THE SOVIET 
                    UNION.

    (a) In General.--There are numerous statutory provisions 
that were enacted in the context of United States relations 
with a country, the Soviet Union, that are fundamentally 
different from the relations that now exist between the United 
States and Russia, between the United States and Ukraine, and 
between the United States and the other independent states of 
the former Soviet Union.
    (b) Extent of Such Provisions.--Many of the provisions 
referred to in subsection (a) imposed limitations specifically 
with respect to the Soviet Union, and its constituent 
republics, or utilized language that reflected the tension that 
existed between the United States and the Soviet Union at the 
time of their enactment. Other such provisions did not refer 
specifically to the Soviet Union, but nonetheless were directed 
(or may be construed as having been directed) against the 
Soviet Union on the basis of the relations that formerly 
existed between the United States and the Soviet Union, 
particularly in its role as the leading communist country.
    (c) Findings and Affirmation.--The Congress finds and 
affirms that provisions such as those described in this 
section, including--
          (1) section 216 of the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 4316),
          (2) sections 136 and 804 of the Foreign Relations 
        Authorization Act, Fiscal Years 1986 and 1987 (Public 
        Law 99-93),
          (3) section 1222 of the Foreign Relations 
        Authorization Act, Fiscal Years 1988 and 1989 (Public 
        Law 100-204; 101 Stat. 1411),
          (4) the Multilateral Export Control Enhancement 
        Amendments Act (50 U.S.C. 2410 note, et seq.),
          (5) the joint resolution providing for the 
        designation of ``Captive Nations Week'' (Public Law 86-
        90),
          (6) the Communist Control Act of 1954 (Public Law 83-
        637),
          (7) provisions in the Immigration and Nationality Act 
        (8 U.S.C. 1101 et seq.), including sections 101(a)(40), 
        101(e)(3), and 313(a)(3),
          (8) section 2 of the joint resolution entitled ``A 
        joint resolution to promote peace and stability in the 
        Middle East'', approved March 9, 1957 (Public Law 85-
        7), and
          (9) section 43 of the Bretton Woods Agreements Act 
        (22 U.S.C. 286aa),
should not be construed as being directed against Russia, 
Ukraine, or the other independent states of the former Soviet 
Union, connoting an adversarial relationship between the United 
States and the independent states, or signifying or implying in 
any manner unfriendliness toward the independent states.

                 TITLE II--TRADE AND BUSINESS RELATIONS

SEC. 201. POLICY UNDER EXPORT ADMINISTRATION ACT.

    (a) Conforming Amendments.--* * *
    (b) Policy Regarding KAL.--
          (1) The Congress finds that--
                  (A) President Yeltsin should be commended for 
                meeting personally with representatives of the 
                families of the victims of the shootdown of 
                Korean Airlines (KAL) Flight 7;
                  (B) President Yeltsin's Government has met on 
                two separate occasions with United States 
                Government and family members to answer 
                questions associated with the shootdown and has 
                arranged for the families to interview Russians 
                involved in the incident or the search and 
                rescue operations that followed;
                  (C) President Yeltsin's Government has also 
                cooperated fully with the International Civil 
                Aviation Organization (ICAO) to allow it to 
                complete its investigation of the incident and 
                has provided numerous materials requested by 
                the ICAO, including radar data and so-called 
                ``black boxes'', the digital flight data and 
                cockpit voice recorders from the flight;
                  (D) the Export Administration Act of 1979 
                continues to state that the United States 
                should continue to object to exceptions to the 
                International Control List for the Union of 
                Soviet Socialist Republics in light of the KAL 
                tragedy, even though the ``no exceptions'' 
                policy was rescinded by President Bush in 1990;
                  (E) the Government of the United States is 
                seeking compensation from the Russian 
                Government on behalf of the families of the KAL 
                victims, and the Congress expects the 
                Administration to continue to pursue issues 
                related to the shootdown, including that of 
                compensation, with officials at the highest 
                level of the Russian Government; and
                  (F) in view of the cooperation provided by 
                President Yeltsin and his government regarding 
                the KAL incident and these other developments, 
                it is appropriate to remove such language from 
                the Export Administration Act of 1979.
          (2) * * *
          * * * * * * *

                        TITLE IX--MISCELLANEOUS

          * * * * * * *

SEC. 905.\1\ MONUMENT TO HONOR VICTIMS OF COMMUNISM.

    (a) Findings.--Congress finds that--
---------------------------------------------------------------------------
    \1\ Listed at 40 U.S.C. 8903 note. Sec. 326 of the Department of 
the Interior and Related Agencies Appropriations Act, 1999 (Public Law 
105-277; 112 Stat. 2681-291) provided the following:
    ``Sec. 326. Notwithstanding the provisions of section 1010(b) of 
the Commemorative Works Act (40 U.S.C. 1001 et seq.), the legislative 
authority for the international memorial to honor the victims of 
communism, authorized under section 905 of Public Law 103-199 (107 
Stat. 2331), shall expire December 17, 2007.''.
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          (1) since 1917, the rulers of empires and 
        international communism led by Vladimir I. Lenin and 
        Mao Tse-tung have been responsible for the deaths of 
        over 100,000,000 victims in an unprecedented imperial 
        communist holocaust through conquests, revolutions, 
        civil wars, purges, wars by proxy, and other violent 
        means;
          (2) the imperialist regimes of international 
        communism have brutally suppressed the human rights, 
        national independence, religious liberty, intellectual 
        freedom, and cultural life of the peoples of over 40 
        captive nations;
          (3) there is a danger that the heroic sacrifices of 
        the victims of communism may be forgotten as 
        international communism and its imperial bases continue 
        to collapse and crumble; and
          (4) the sacrifices of these victims should be 
        permanently memorialized so that never again will 
        nations and peoples allow so evil a tyranny to 
        terrorize the world.
    (b) Authorization of Memorial.--
          (1) Authorization.--
                  (A) The National Captive Nations Committee, 
                Inc., is authorized to construct, maintain, and 
                operate in the District of Columbia an 
                appropriate international memorial to honor 
                victims of communism.
                  (B) The National Captive Nations Committee, 
                Inc., is encouraged to create an independent 
                entity for the purposes of constructing, 
                maintaining, and operating the memorial.
                  (C) Once created, this entity is encouraged 
                and authorized, to the maximum extent 
                practicable, to include as active participants 
                organizations representing all groups that have 
                suffered under communism.
          (2) Compliance with standards for commemorative 
        works.--The design, location, inscription, and 
        construction of the memorial authorized by paragraph 
        (1) shall be subject to the requirements of the Act 
        entitled ``An Act to provide standards for placement of 
        commemorative works on certain Federal lands in the 
        District of Columbia and its environs, and for other 
        purposes'', approved November 14, 1986 (40 U.S.C. 1001 
        et seq.).
    (c) Payment of Expenses.--The entity referred to in 
subsection (b)(1) shall be solely responsible for acceptance of 
contributions for, and payment of the expenses of, the 
establishment of the memorial. No Federal funds may be used to 
pay any expense of the establishment of the memorial.
    (d) Deposit of Excess Funds.--If, upon payment of all 
expenses of the establishment of the memorial, including the 
maintenance and preservation amount provided for in section 
8(b) of the Act entitled ``An Act to provide standards for 
placement of commemorative works on certain Federal lands in 
the District of Columbia and its environs, and for other 
purposes'', approved November 14, 1986 (40 U.S.C. 1008(b)), or 
upon expiration of the authority for the memorial under section 
10(b) of such Act (40 U.S.C. 4010(b)), there remains a balance 
of funds received for the establishment of the memorial, the 
entity referred to in subsection (b)(1) shall transmit the 
amount of the balance to the Secretary of the Treasury for 
deposit in the account provided for in section 8(b)(1) of such 
Act (40 U.S.C. 1008(b)(1)).
   (4) Freedom for Russia and Emerging Eurasian Democracies and Open 
                      Markets Support Act of 1992

                          FREEDOM Support Act

Partial text of Public Law 102-511 [S. 2532], 106 Stat. 3320, approved 
    October 24, 1992; amended by Public Law 104-66 [Federal Reports 
 Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707, approved 
 December 21, 1995; and by Public Law 105-277 [Department of Education 
  Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681-363, approved 
                            October 21, 1998

AN ACT To support freedom and open markets in the independent states of 
            the former Soviet Union, and for other purposes.

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

SECTION 1.\1\ SHORT TITLES.

    This Act may be cited as the ``Freedom for Russia and 
Emerging Eurasian Democracies and Open Markets Support Act of 
1992'' or the ``FREEDOM Support Act''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 5801 note.
---------------------------------------------------------------------------

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

                                                                    Page

Sec. 1. Short titles..............................................    73
Sec. 2. Table of contents.........................................    73
Sec. 3. Definition of independent states..........................    74

                       TITLE I--GENERAL PROVISIONS

Sec. 101. Findings................................................    74
Sec. 102. Program coordination, implementation, and oversight.....    76
Sec. 103. Report on overall assistance and economic cooperation 
    strategy......................................................    77
Sec. 104. Annual report...........................................    77

           TITLE II--BILATERAL ECONOMIC ASSISTANCE ACTIVITIES

Sec. 201. Support for economic and democratic development in the 
    independent states............................................    79
Sec. 202. Ineligibility for assistance of institutions withholding 
    certain documents of United States nationals..................    79

             TITLE III--BUSINESS AND COMMERCIAL DEVELOPMENT

Sec. 301. American Business Centers...............................    80
Sec. 302. Business and Agriculture Advisory Council...............    82
Sec. 303. Funding for export promotion activities and capital 
    projects......................................................    82
Sec. 304. Interagency working group on energy of the Trade 
    Promotion Coordinating Committee..............................    83
Sec. 306. Policy on combatting tied aid practices.................    83
Sec. 307. Technical assistance for the Russian Far East...........    84
Sec. 308. Funding for OPIC programs...............................    84

                      TITLE IV--THE DEMOCRACY CORPS

Sec. 401. Authorization for establishment of the Democracy Corps..    84

    TITLE V--NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVITIES

Sec. 501. Findings................................................    87
Sec. 502. Eligibility.............................................    87
Sec. 503. Nonproliferation and disarmament activities in the 
    independent states............................................    88
Sec. 504. Nonproliferation and disarmament fund...................    89
Sec. 505. Limitations on defense conversion authorities...........    90
Sec. 506. Soviet weapons destruction..............................    91
Sec. 507. Waiver of certain provisions............................    91
Sec. 508. Notice and reports to Congress..........................    92
Sec. 509. International nonproliferation initiative...............    93
Sec. 510. Report on special nuclear materials.....................    95
Sec. 511. Research and development foundation.....................    95

                  TITLE VI--SPACE TRADE AND COOPERATION

Sec. 601. Facilitating discussions regarding the acquisition of 
    space hardware, technology, and services from the former 
    Soviet Union..................................................    97
Sec. 602. Office of Space Commerce................................    98
Sec. 603. Report to Congress......................................    98
Sec. 604. Definitions.............................................    98

                      TITLE VII--AGRICULTURAL TRADE

Sec. 703. Assistance for private voluntary organizations..........    99
Sec. 704. Distribution of aid to the independent states of the 
    former Soviet Union...........................................    99
Sec. 707. Direct credit sales.....................................    99

 TITLE VIII--UNITED STATES INFORMATION AGENCY, DEPARTMENT OF STATE, AND 
                     RELATED AGENCIES AND ACTIVITIES

Sec. 802. New diplomatic posts in the independent states..........   100
Sec. 804. Certain positions at United States missions.............   100
Sec. 805. International Development Law Institute.................   100
Sec. 807. Exchanges and training and similar programs.............   100

                       TITLE IX--OTHER PROVISIONS

Sec. 902. Johnson Act.............................................   102
Sec. 903. Support for East European Democracy (SEED) Act..........   102
Sec. 906. Eligibility of Baltic states for nonlethal defense 
    articles......................................................   102
Sec. 907. Restriction on assistance to Azerbaijan.................   103

              TITLE X--INTERNATIONAL FINANCIAL INSTITUTIONS

Sec. 1004. Support for Macroeconomic Stabilization in the 
    Independent States of the Former Soviet Union.................   104
Sec. 1007. Report on Debt of the Former Soviet Union Held By 
    Commercial Financial Institutions.............................   105
Sec. 1009. Multilateral Investment Guarantees for the Independent 
    States of the Former Soviet Union.............................   105

SEC. 3.\2\ DEFINITION OF INDEPENDENT STATES.

    For purposes of this Act, the terms ``independent states of 
the former Soviet Union'' and ``independent states'' mean the 
following: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, 
Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, 
and Uzbekistan.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 5801.
---------------------------------------------------------------------------

                      TITLE I--GENERAL PROVISIONS

SEC. 101.\3\ FINDINGS.

    The Congress finds that--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 5811.
---------------------------------------------------------------------------
          (1) recent developments in Russia and the other 
        independent states of the former Soviet Union present 
        an historic opportunity for a transition to a peaceful 
        and stable international order and the integration of 
        the independent states of the former Soviet Union into 
        the community of democratic nations;
          (2) the entire international community has a vital 
        interest in the success of this transition, and the 
        dimension of the problems now faced in the independent 
        states of the former Soviet Union makes it imperative 
        for donor countries and institutions to provide the 
        expertise and support necessary to ensure continued 
        progress on economic and political reforms;
          (3) the United States is especially well-positioned 
        because of its heritage and traditions to make a 
        substantial contribution to this transition by building 
        on current technical cooperation, medical, and food 
        assistance programs, by assisting in the development of 
        democratic institutions, and by fostering conditions 
        that will encourage the United States business 
        community to engage in trade and investment;
          (4) failure to meet the opportunities presented by 
        these developments could threaten United States 
        national security interests and jeopardize substantial 
        savings in United States defense that these 
        developments have made possible;
          (5) the independent states of the former Soviet Union 
        face unprecedented environmental problems that 
        jeopardize the quality of life and the very existence 
        of not only their own peoples but also the peoples of 
        other countries, and it is incumbent on the 
        international community to assist the independent 
        states in addressing these problems and in promoting 
        sustainable use of resources and development;
          (6) the success of United States assistance for the 
        independent states of the former Soviet Union depends 
        on--
                  (A) effective coordination of United States 
                efforts with similar activities of friendly and 
                allied donor countries and of international 
                financial institutions, and
                  (B) reciprocal commitments by the governments 
                of the independent states to work toward the 
                creation of democratic institutions and an 
                environment hospitable to foreign investment 
                based upon the rule of law, including 
                negotiation of bilateral and multilateral 
                agreements on open trade and investment, 
                adoption of commercial codes, establishment of 
                transparency in regulatory and other 
                governmental decision making, and timely 
                payment of obligations carried over from 
                previous governmental entities; and
          (7) trade and investment opportunities in the 
        independent states of the former Soviet Union will 
        generate employment and other economic benefits for the 
        United States as the economies of the independent 
        states of the former Soviet Union begin to realize 
        their enormous potential as both customers and 
        suppliers.

SEC. 102.\4\ PROGRAM COORDINATION, IMPLEMENTATION, AND OVERSIGHT.

    (a) Coordination.--The President shall designate, within 
the Department of State, a coordinator who shall be responsible 
for--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 5812. See Executive Order 12884 of December 1, 1993 
(58 F.R. 64099; December 3, 1993), providing for the delegation of 
functions under the Freedom Support Act and related provisions in the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act.
    See also secs. 421-426 of the Admiral James W. Nance and Meg 
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 
(H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
113; 113 Stat. 1536), relating to Russia and Ukrainian business 
management education.
---------------------------------------------------------------------------
          (1) designing an overall assistance and economic 
        cooperation strategy for the independent states of the 
        former Soviet Union;
          (2) ensuring program and policy coordination among 
        agencies of the United States Government in carrying 
        out the policies set forth in this Act (including the 
        amendments made by this Act and chapter 12 of part I of 
        the Foreign Assistance Act of 1961); \5\
---------------------------------------------------------------------------
    \5\ Sec. 596(c) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by 
reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), 
struck out ``this Act)'' and inserted in lieu thereof ``this Act and 
chapter 12 of part I of the Foreign Assistance Act of 1961)''.
---------------------------------------------------------------------------
          (3) pursuing coordination with other countries and 
        international organizations with respect to assistance 
        to independent states;
          (4) ensuring that United States assistance programs 
        for the independent states are consistent with this Act 
        (including the amendments made by this Act and chapter 
        12 of part I of the Foreign Assistance Act of 1961); 
        \5\
          (5) ensuring proper management, implementation, and 
        oversight by agencies responsible for assistance 
        programs for the independent states; and
          (6) resolving policy and program disputes among 
        United States Government agencies with respect to 
        United States assistance for the independent states.
    (b) Export Promotion Activities.--Consistent with 
subsection (a), coordination of activities related to the 
promotion of exports of United States goods and services to the 
independent states of the former Soviet Union shall continue to 
be primarily the responsibility of the Secretary of Commerce, 
in the Secretary's role as Chair of the Trade Promotion 
Coordination Committee.
    (c) International Economic Activities.--Consistent with 
subsection (a), coordination of activities relating to United 
States participation in international financial institutions 
and relating to organization of multilateral efforts aimed at 
currency stabilization, currency convertibility, debt 
reduction, and comprehensive economic reform programs shall 
continue to be primarily the responsibility of the Secretary of 
the Treasury, in the Secretary's role as Chair of the National 
Advisory Council on International Monetary and Financial 
Policies and as the United States Governor of the international 
financial institutions.
    (d) Accountability for Funds.--Any agency managing and 
implementing an assistance program for the independent states 
of the former Soviet Union shall be accountable for any funds 
made available to it for such program.

SEC. 103.\6\ REPORT ON OVERALL ASSISTANCE AND ECONOMIC COOPERATION 
                    STRATEGY.

    (a) Requirement for Submission.--As soon as practicable 
after the date of enactment of this Act, the coordinator 
designated pursuant to section 102(a) shall submit to the 
Congress a report on the overall assistance and economic 
cooperation strategy for the independent states of the former 
Soviet Union that is required to be developed pursuant to 
paragraph (1) of that section.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 5813.
---------------------------------------------------------------------------
    (b) Assistance Plan.--The report submitted pursuant to 
subsection (a) shall include a plan specifying--
          (1) the amount of the funds authorized to be 
        appropriated for fiscal year 1993 by chapter 11 of part 
        I of the Foreign Assistance Act of 1961 proposed to be 
        allocated for each of the categories of activities 
        authorized by section 498 of that Act and to carry out 
        section 301 of this Act (relating to American Business 
        Centers), section 303 of this Act (relating to export 
        promotion activities and capital projects), and title 
        IV of this Act (relating to the Democracy Corps);
          (2) the amount of other funds made available for 
        fiscal year 1993 to carry out the Foreign Assistance 
        Act of 1961 proposed to be allocated for assistance 
        under that Act for the independent states of the former 
        Soviet Union; and
          (3) the amount of funds available for fiscal year 
        1993 under the Foreign Assistance Act of 1961 that are 
        proposed to be made to each agency to carry out 
        activities for the independent states under that Act or 
        this Act.

SEC. 104.\7\ ANNUAL REPORT.

    Not later than January 31 of each year, the President shall 
submit to the Congress a report on United States assistance for 
the independent states of the former Soviet Union under this 
Act or other provisions of law. Each such report shall 
include--
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 5814.
    In a January 29, 1993, memorandum for the Secretary of State, the 
President delegated the functions and authorities relating to the 
report required in this section to the Secretary of State, and further 
authorized their redelegation by the Secretary (Memorandum of January 
29, 1993; 58 F.R. 8201; February 12, 1993).
    Subsequently, in sec. 2(a) of Executive Order 12884 of December 1, 
1993 (58 F.R. 64099; December 3, 1993), the President delegated to the 
Coordinator (as established in sec. 102 of this Act) those functions 
conferred upon the President in sec. 104, further providing that ``the 
Coordinator is authorized to assign responsibility for particular 
aspects of the reports described in that section to the heads of 
appropriate agencies''.
    Title II of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2182), 
provided the following:
---------------------------------------------------------------------------

``assistance for the independent states of the former soviet union
---------------------------------------------------------------------------

    ``(a) For necessary expenses to carry out the provisions of 
chapters 11 and 12 of part I of the Foreign Assistance Act of 1961 and 
the FREEDOM Support Act, for assistance for the Independent States of 
the former Soviet Union and for related programs, $514,000,000, to 
remain available until September 30, 2007: Provided, That the 
provisions of such chapters shall apply to funds appropriated by this 
paragraph: Provided further, That funds made available for the Southern 
Caucasus region may be used, notwithstanding any other provision of 
law, for confidence-building measures and other activities in 
furtherance of the peaceful resolution of the regional conflicts, 
especially those in the vicinity of Abkhazia and Nagorno-Karabagh: 
Provided further, That notwithstanding any other provision of law, 
funds appropriated under this heading in this Act or prior Acts making 
appropriations for foreign operations, export financing, and related 
programs, that are made available pursuant to the provisions of section 
807 of Public Law 102-511 shall be subject to a 6 percent ceiling on 
administrative expenses.
    ``(b) Of the funds appropriated under this heading, not less than 
$50,000,000 should be made available, in addition to funds otherwise 
available for such purposes, for assistance for child survival, 
environmental and reproductive health, and to combat HIV/AIDS, 
tuberculosis and other infectious diseases, and for related activities.
    ``(c) Of the funds appropriated under this heading that are made 
available for assistance for Ukraine, not less than $5,000,000 should 
be made available for nuclear reactor safety initiatives, and not less 
than $1,500,000 shall be made available for coal mine safety programs.
    ``(d) Of the funds appropriated under this heading, $2,500,000 
shall be made available for the Business Information Service for the 
Newly Independent States.
    ``(e)(1) Of the funds appropriated under this heading that are 
allocated for assistance for the Government of the Russian Federation, 
60 percent shall be withheld from obligation until the President 
determines and certifies in writing to the Committees on Appropriations 
that the Government of the Russian Federation--
---------------------------------------------------------------------------

  ``(A) has terminated implementation of arrangements to provide Iran with 
technical expertise, training, technology, or equipment necessary to 
develop a nuclear reactor, related nuclear research facilities or programs, 
or ballistic missile capability; and

  ``(B) is providing full access to international non-government 
organizations providing humanitarian relief to refugees and internally 
displaced persons in Chechnya.
---------------------------------------------------------------------------

    ``(2) Paragraph (1) shall not apply to--
---------------------------------------------------------------------------

  ``(A) assistance to combat infectious diseases, child survival 
activities, or assistance for victims of trafficking in persons; and

  ``(B) activities authorized under title V (Nonproliferation and 
Disarmament Programs and Activities) of the FREEDOM Support Act.
---------------------------------------------------------------------------

    ``(f) Section 907 of the FREEDOM Support Act shall not apply to--
---------------------------------------------------------------------------

  ``(1) activities to support democracy or assistance under title V of the 
FREEDOM Support Act and section 1424 of Public Law 104-201 or non-
proliferation assistance;

  ``(2) any assistance provided by the Trade and Development Agency under 
section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 2421);

  ``(3) any activity carried out by a member of the United States and 
Foreign Commercial Service while acting within his or her official 
capacity;

  ``(4) any insurance, reinsurance, guarantee or other assistance provided 
by the Overseas Private Investment Corporation under title IV of chapter 2 
of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);

  ``(5) any financing provided under the Export-Import Bank Act of 1945; or

  ``(6) humanitarian assistance.''.
---------------------------------------------------------------------------

    See also in that Act, in title II, para. on nonproliferation, anti-
terrorism, demining and related programs; sec. 517, relating to the 
independent states of the former Soviet Union; sec. 531, relating to 
financial market assistance in transition countries; and sec. 596, 
relating to allocation of appropriations according to stipulations in 
the conference report (H. Rept. 109-265, November 2, 2005) accompanying 
Public Law 109-102 (for allocation of Assistance for the Independent 
States of the Former Soviet Union, see p. 92).
---------------------------------------------------------------------------
          (1) an assessment of the progress each independent 
        state has made in meeting the standards set forth in 
        section 498A of the Foreign Assistance Act of 1961, 
        including a description of the steps each independent 
        state has taken or is taking toward meeting those 
        standards and a discussion of additional steps that 
        each independent state could take to meet those 
        standards;
          (2) a description of the United States assistance for 
        each independent state that was provided during the 
        preceding fiscal year, is planned for the current 
        fiscal year, and is proposed for the coming fiscal 
        year, specifying the extent to which such assistance 
        for the preceding fiscal year and for current fiscal 
        year has actually been delivered;
          (3) an assessment of the effectiveness of United 
        States assistance in achieving its purposes; \8\
---------------------------------------------------------------------------
    \8\ Sec. 596(d) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by 
reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), 
struck out ``and'' at the end of para. (3), replaced the period at the 
end of para. (4) with ``; and'', and added a new para. (5).
---------------------------------------------------------------------------
          (4) an evaluation of the manner in which the 
        ``notwithstanding'' authority provided in section 
        498B(j)(1) of the Foreign Assistance Act of 1961, and 
        the ``notwithstanding'' authority provided in any other 
        provision of law with respect to assistance for the 
        independent states, has been used and why the use of 
        that authority was necessary; and \8\
          (5) \8\ with respect to the countries of the South 
        Caucasus and Central Asia--
                  (A) an identification of the progress made by 
                the United States in accomplishing the policy 
                described in section 3 of the Silk Road 
                Strategy Act of 1999;
                  (B) an evaluation of the degree to which the 
                assistance authorized by chapter 12 of part I 
                of the Foreign Assistance Act of 1961 has 
                accomplished the purposes identified in that 
                chapter;
                  (C) a description of the progress being made 
                by the United States to resolve trade disputes 
                registered with and raised by the United States 
                embassies in each country, and to negotiate a 
                bilateral agreement relating to the protection 
                of United States direct investment in, and 
                other business interests with, each country; 
                and
                  (D) recommendations of any additional 
                initiatives that should be undertaken by the 
                United States to implement the policy and 
                purposes contained in the Silk Road Strategy 
                Act of 1999.

           TITLE II--BILATERAL ECONOMIC ASSISTANCE ACTIVITIES

SEC. 201. SUPPORT FOR ECONOMIC AND DEMOCRATIC DEVELOPMENT IN THE 
                    INDEPENDENT STATES.

    Part I of the Foreign Assistance Act of 1961 is amended by 
adding after chapter 10 the following:
---------------------------------------------------------------------------
    \9\ Codified at 22 U.S.C. 2295-2295C. Incorporated into the Foreign 
Assistance Act of 1961 (Public Law 87-195) as secs. 498-498C. For text, 
see Legislation on Foreign Relations Through 2005, vol. I-A.
---------------------------------------------------------------------------

 ``chapter 11--support for the economic and democratic development of 
     the independent states of the former soviet union * * *'' \9\

SEC. 202.\10\ INELIGIBILITY FOR ASSISTANCE OF INSTITUTIONS WITHHOLDING 
                    CERTAIN DOCUMENTS OF UNITED STATES NATIONALS.

    (a) Prohibition.--Except as provided in subsections (b) and 
(c), an agency, instrumentality, or other governmental entity 
of an independent state of the former Soviet Union shall not be 
eligible to receive assistance under chapter 11 of part I of 
the Foreign Assistance Act of 1961 if--
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 2295a note.
---------------------------------------------------------------------------
          (1) on the date of enactment of this Act, there is 
        outstanding a final judgment by a court of competent 
        jurisdiction in that independent state that that 
        governmental entity is withholding unlawfully books or 
        other documents of religious or historical significance 
        that are the property of United States persons; and
          (2) within 90 days of a request by such United States 
        persons, the Secretary of State determines that 
        execution of the court's judgment is blocked as the 
        result of extrajudicial causes such as any of the 
        following:
                  (A) A declared refusal of the defendant to 
                comply.
                  (B) The unwillingness or failure of local 
                authorities to enforce compliance.
                  (C) The issuance of an administrative decree 
                nullifying a court's judgment or forbidding 
                compliance.
                  (D) The passage of legislation, after a 
                court's judgment, nullifying that judgment or 
                forbidding compliance with that judgment.
    (b) Exception for Humanitarian Assistance.--The prohibition 
contained in subsection (a) shall not apply to the provision of 
assistance to alleviate suffering resulting from a natural or 
man-made disaster.
    (c) Waiver Authority.--The Secretary of State may waive the 
application of subsection (a) whenever the Secretary finds 
that--
          (1) the court's judgment has been executed; or
          (2) it is important to the national interest of the 
        United States to do so.
    (d) Report.--Nine months after the date of enactment of 
this Act, the Secretary of State shall report to the Speaker of 
the House of Representatives and the Chairman of the Committee 
on Foreign Relations of the Senate on the status of final 
judgments described in subsection (a)(1).
    (e) United States Person.--For purposes of this section, 
the term ``United States person'' means--
          (1) any citizen, national, or permanent resident 
        alien of the United States; and
          (2) any corporation, partnership, or other juridical 
        entity which is 50 percent or more beneficially owned 
        by individuals described in paragraph (1).

             TITLE III--BUSINESS AND COMMERCIAL DEVELOPMENT

SEC. 301.\11\ AMERICAN BUSINESS CENTERS.

    (a) Establishment.--The President is authorized and 
encouraged to establish American Business Centers in the 
independent states of the former Soviet Union receiving 
assistance under chapter 11 of part I of the Foreign Assistance 
Act of 1961 where the President determines that such centers 
can be cost-effective in promoting the objectives described in 
section 498 of that Act and United States economic interests 
and in establishing commercial partnerships between the people 
of the United States and the peoples of the independent states.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 5821. Sec. 2(b) of Executive Order 12884 of December 
1, 1993 (58 F.R. 64099; December 3, 1993) delegated to the Coordinator 
(as established in sec. 102 of this Act) those functions conferred upon 
the President in sec. 301, ``insofar as it related to determinations 
and directives''.
    Sec. 3 of Executive Order 12884, as amended, however, ``delegated 
to the Secretary of State the functions conferred upon the President 
by:
---------------------------------------------------------------------------

  ``(a) sections 301(a) and 307 of the Act, except insofar as provided 
otherwise in section 2(b) of this order;''.
---------------------------------------------------------------------------

    This delegation of authority is subject to the authority of the 
Coordinator (as established in sec. 102).
---------------------------------------------------------------------------
    (b) Environmental Business Centers and Agribusiness 
Centers.--For purposes of this section, the term ``American 
Business Centers'' includes the following:
          (1) Environmental business centers in those 
        independent states that offer promising market 
        possibilities for the export of United States 
        environmental goods and services. To the maximum extent 
        practicable, these environmental business centers 
        should be established as a component of other centers.
          (2) Agribusiness centers that include the 
        participation of private United States agribusinesses 
        or agricultural cooperatives, private nonprofit 
        organizations, State universities and land grant 
        colleges, and financial institutions, that make 
        appropriate contributions of equipment, materials, and 
        personnel for the operation of such centers. The 
        purposes of these agribusiness centers shall be--
                  (A) to enhance the ability of farmers and 
                other agribusiness practitioners in the 
                independent states to better meet the needs of 
                the people of the independent states;
                  (B) to assist the transition from a command 
                and control system in agriculture to a free 
                market system; and
                  (C) to facilitate the demonstration and use 
                of United States agricultural equipment and 
                technology.
    (c) Additional Policy Guidance.--To the maximum extent 
possible, and consistent with the particular purposes of the 
specific types of centers, the President should direct that--
          (1) the American Business Centers established 
        pursuant to this section place special emphasis on 
        assistance to United States small- and medium-sized 
        businesses to facilitate their entry into the 
        commercial markets of the independent states;
          (2) such centers offer office space, business 
        facilities, and market analysis services to United 
        States firms, trade associations, and State economic 
        development offices on a user-fee basis that minimizes 
        the cost of operating such centers;
          (3) such centers serve as a repository for 
        commercial, legal, and technical information, including 
        environmental and export control information;
          (4) such centers identify existing or potential 
        counterpart businesses or organizations that may 
        require specific technical coordination or assistance;
          (5) such centers be established in several sites in 
        the independent states; and
          (6) host countries be asked to make appropriate 
        contributions of real estate and personnel for the 
        establishment and operation of such centers.
    (d) Funding.--
          (1) Reimbursement agreement.--Not later than 90 days 
        after the date of enactment of this Act, the 
        Administrator of the Agency for International 
        Development shall conclude a reimbursement agreement 
        with the Secretary of Commerce for the Department of 
        Commerce's services in establishing and operating 
        American Business Centers pursuant to this section.
          (2) Authorization of appropriations.--Of the amount 
        authorized to be appropriated to carry out chapter 11 
        of part I of the Foreign Assistance Act of 1961, up to 
        $12,000,000 for fiscal year 1993 are authorized to be 
        appropriated to carry out this section, in addition to 
        amounts otherwise available for such purpose.

SEC. 302.\12\ BUSINESS AND AGRICULTURE ADVISORY COUNCIL.

    (a) Establishment.--The President is authorized to 
establish an advisory council to be known as the Independent 
States Business and Agriculture Advisory Council (hereinafter 
in this section referred to as the ``Council'')--
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 5822.
---------------------------------------------------------------------------
          (1) to consult with and advise the President 
        periodically regarding programs of assistance for the 
        independent states of the former Soviet Union; and
          (2) to evaluate, and consult periodically with the 
        President regarding, the adequacy of bilateral and 
        multilateral assistance programs that would facilitate 
        exports by United States companies to, and investments 
        by United States companies in, the independent states.
    (b) Membership.--The Council should consist of 15 members, 
appointed by the President, who are drawn from United States 
companies reflecting diverse businesses and perspectives that 
have experience and expertise in dealing with the independent 
states of the former Soviet Union. The President should 
designate one such member to serve as Chair of the Council. 
Five such members should be appointed upon the recommendation 
of the Speaker and the Minority Leader of the House of 
Representatives and 5 should be appointed upon the 
recommendation of the Majority Leader and Minority Leader of 
the Senate. Members of the Council shall receive no 
compensation from the United States Government by reason of 
their service on the Council.
    (c) Staff.--Upon request of the Chair of the Council, the 
head of any United States Government agency may detail, on a 
nonreimbursable basis, any of the personnel of such agency to 
the Council to assist the Council.

SEC. 303.\13\ FUNDING FOR EXPORT PROMOTION ACTIVITIES AND CAPITAL 
                    PROJECTS.

    (a) Allocation of A.I.D. Funds.--The President is 
encouraged to use a portion of the funds made available for the 
independent states of the former Soviet Union under chapter 11 
of part I of the Foreign Assistance Act of 1961--
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 5823.
---------------------------------------------------------------------------
          (1) to fund the export promotion, finance, and 
        related activities carried out pursuant to subsection 
        (b)(1), including activities relating to the export of 
        intermediary goods; and
          (2) to fund capital projects, including projects for 
        telecommunications, environmental cleanup, power 
        production, and energy related projects.
    (b) Export Promotion, Finance, and Related Activities.--The 
Secretary of Commerce, as Chair of the Trade Promotion 
Coordination Committee, should, in conjunction with other 
members of that committee, design and implement programs to 
provide adequate commercial and technical assistance to United 
States businesses seeking markets in the independent states of 
the former Soviet Union, including the following:
          (1) Increasing the United States and Foreign 
        Commercial Service presence in the independent states, 
        in particular in the Russian Far Eastern cities of 
        Vladivostok and Khabarovsk.
          (2) Preparing profiles of export opportunities for 
        United States businesses in the independent states and 
        providing other technical assistance.
          (3) Utilizing the Market Development Cooperator 
        Program under section 2303 of the Export Enhancement 
        Act of 1988 (15 U.S.C. 4723).
          (4) Developing programs specifically for the purpose 
        of assisting small- and medium-sized businesses in 
        entering commercial markets of the independent states. 
        In carrying out this paragraph, the Secretary of 
        Commerce, to the extent possible, should work directly 
        with private sector organizations with proven 
        experience in trade and economic relations with the 
        independent states.
          (5) Supporting projects undertaken by the United 
        States business community on the basis of partnership, 
        joint venture, contractual, or other cooperative 
        agreements with appropriate entities in the independent 
        states.
          (6) Supporting export finance programs, feasibility 
        studies, political risk insurance, and other related 
        programs through increased funding and flexibility in 
        the implementation of such programs.
          (7) Supporting the Business Information Service 
        (BISNIS) and its related programs.

SEC. 304.\14\ INTERAGENCY WORKING GROUP ON ENERGY OF THE TRADE 
                    PROMOTION COORDINATING COMMITTEE.

    The Trade Promotion Coordinating Committee should utilize 
its interagency working group on energy to assist United States 
energy sector companies to develop a long-term strategy for 
penetrating the energy market in the independent states of the 
former Soviet Union. The working group should--
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 5824.
---------------------------------------------------------------------------
          (1) work with officials from the independent states 
        in creating an environment conducive to United States 
        energy investment;
          (2) help to coordinate assistance to United States 
        companies involved with projects to clean up former 
        Soviet nuclear weapons sites and commercial nuclear 
        waste; and
          (3) work with representatives from United States 
        business and industry involved with the energy sector 
        to help facilitate the identification of business 
        opportunities, including the promotion of oil, gas, and 
        clean coal technology and products, energy efficiency, 
        and the formation of joint ventures between United 
        States companies and companies of the independent 
        nations.
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    \15\ Formerly at 22 U.S.C. 5825; repealed by sec. 1021(e) of Public 
Law 104-66 (109 Stat. 713). Sec. 305 required the Secretary of Commerce 
to report annually to Congress on implementation of this Act, on the 
programs of other industrialized nations establishing business in 
former Soviet Union, and on related trade and pricing practices of 
other OECD nations.
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SEC. 305.\15\ * * * [REPEALED--1995]

SEC. 306.\16\ POLICY ON COMBATTING TIED AID PRACTICES.

    Should the Secretary of the Treasury determine that foreign 
countries are engaged in tied aid practices with respect to any 
of the independent states of the former Soviet Union that 
violate the 1991 Helsinki agreement of the Organization for 
Economic Cooperation and Development, the President should give 
priority attention to combatting such practices.
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 5826.
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SEC. 307.\17\ TECHNICAL ASSISTANCE FOR THE RUSSIAN FAR EAST.

    (a) Authorization.--The President is authorized to provide 
technical assistance, through an American university in a 
region which received nonstop air service to and from the 
Russian Far East as of July 1, 1992, to facilitate the 
development of United States business opportunities, free 
markets, and democratic institutions in the Russian Far East.
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    \17\ 22 U.S.C. 5827. Sec. 3(a) of Executive Order 12884 of December 
1, 1993 (58 F.R. 64099; December 3, 1993), as amended, delegated to the 
Secretary of State the functions conferred upon the President by sec. 
307. This delegation of authority is subject to the authority of the 
Coordinator (as established in sec. 102).
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    (b) Authorization of Appropriations.--There are authorized 
to be appropriated $2,000,000 to carry out subsection (a).

SEC. 308.\18\ FUNDING FOR OPIC PROGRAMS.

    (a) Authority to Make Additional Funds Available.--Funds 
authorized to be appropriated for fiscal year 1993 to carry out 
chapter 11 of part I of the Foreign Assistance Act of 1961 may 
be made available to cover costs incurred by the Overseas 
Private Investment Corporation in carrying out programs with 
respect to the independent states of the former Soviet Union 
under title IV of chapter 2 of part I of that Act (22 U.S.C. 
2191 and following), in addition to amounts otherwise available 
for that purpose.
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 5828.
---------------------------------------------------------------------------
    (b) Enactment of OPIC Authorization Act.--The authority of 
subsection (a) shall cease to be effective upon the enactment 
of the Overseas Private Investment Corporation Act Amendments 
Act of 1992.\19\
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    \19\ The Overseas Private Investment Corporation Act Amendments Act 
of 1992 was incorporated into the Jobs Through Exports Act of 1992 
(Public Law 102-549; 106 Stat. 3651), and reauthorized OPIC in the 
Foreign Assistance Act of 1961.
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                     TITLE IV--THE DEMOCRACY CORPS

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

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

   TITLE V--NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVITIES

SEC. 501.\21\ FINDINGS.

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

SEC. 502.\22\ ELIGIBILITY.

    Funds may be obligated for a fiscal year for assistance or 
other programs or activities for an independent state of the 
former Soviet Union under sections 503 and 504 only if the 
President has certified to the Congress,\23\ during that fiscal 
year, that such independent state is committed to--
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 5852.
    In a memorandum of December 30, 1992, for the Secretaries of State 
and Defense, and the Director, OMB, the President delegated authority 
established in sec. 502 of the FREEDOM Support Act and in sec. 1412(d) 
of Public Law 102-484 to the Secretary of State. The President further 
delegated authority in secs. 1412(a), 1431, and 1432 of Public Law 102-
484, and in secs. 503 and 508 of the FREEDOM Support Act to the 
Secretary of Defense. That memorandum further provided that: ``The 
Secretary of Defense shall not exercise authority delegated * * * with 
respect to any former Soviet republic unless the Secretary of State has 
exercised his authority and performed the duty delegated * * * with 
respect to that former Soviet Republic. The Secretary of Defense shall 
not obligated funds in the exercise of authority delegated * * * unless 
the Director of the Office of Management and Budget has determined that 
expenditures during fiscal year 1993 pursuant to such obligation shall 
be counted against the defense category of discretionary spending 
limits for that fiscal year (as defined in section 601(a)(2) of the 
Congressional Budget Act of 1974) for purposes of Part C of the 
Balanced Budget and Emergency Deficit Control Act of 1985.''. (58 F.R. 
3193; January 8, 1993).
    \23\ On January 10, 2003, the President certified ``that waiving 
the restrictions contained in subsection (d) of section 1203 of the 
Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952), as amended, 
and the requirements contained in section 502 of the FREEDOM Support 
Act (22 U.S.C. 5852) during Fiscal Year 2003 with respect to the 
Russian Federation is important to the national security interests of 
the United States.'' (Presidential Determination No. 03-11; 68 F.R. 
2419). The President made similar determinations for FY 2004 for the 
Russian Federation (Presidential Determination No. 2004-08; November 7, 
2003; 68 F.R. 65383), and the Republic of Uzbekistan (Presidential 
Determination No. 2004-19; December 30, 2003; 69 F.R. 2479), and for FY 
2005 for the Russian Federation (Presidential Determination No. 2005-
09; December 6, 2004; 69 F.R. 74933); and the Republic of Uzbekistan 
(Presidential Determination No. 2005-13; December 14, 2004; 70 F.R. 1).
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          (1) making a substantial investment of its resources 
        for dismantling or destroying such weapons of mass 
        destruction, if that independent state has an 
        obligation under a treaty or other agreement to destroy 
        or dismantle any such weapons;
          (2) forgoing any military modernization program that 
        exceeds legitimate defense requirements and forgoing 
        the replacement of destroyed weapons of mass 
        destruction;
          (3) forgoing any use in new nuclear weapons of 
        fissionable or other components of destroyed nuclear 
        weapons; and
          (4) facilitating United States verification of any 
        weapons destruction carried out under section 503(a) or 
        504(a) of this Act or section 212 of the Soviet Nuclear 
        Threat Reduction Act of 1991 (title II of Public Law 
        102-228; 22 U.S.C. 2551 note).\24\
---------------------------------------------------------------------------
    \24\ For the Soviet Nuclear Threat Reduction Act of 1991, see 
Legislation on Foreign Relations Through 2005, vol. II.
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SEC. 503.\25\ NONPROLIFERATION AND DISARMAMENT ACTIVITIES IN THE 
                    INDEPENDENT STATES.

    (a) Authorization.--The President is authorized \26\ to 
promote bilateral and multilateral nonproliferation and 
disarmament activities--
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    \25\ 22 U.S.C. 5853. See also sec. 1138, transfer of funding for 
science and technology centers in the former Soviet Union, and sec. 
1139, research and exchange activities by science and technology 
centers, in the Arms Control, Nonproliferation, and Security Assistance 
Act of 1999 (Division B of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 
(enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536).
    \26\ In a memorandum of December 30, 1992, for the Secretaries of 
State and Defense, and the Director, OMB, the President delegated 
authority established in sec. 502 of the FREEDOM Support Act and in 
sec. 1412(d) of Public Law 102-484 to the Secretary of State. The 
President further delegated authority in secs. 1412(a), 1431, and 1432 
of Public Law 102-484, and in secs. 503 and 508 of the FREEDOM Support 
Act to the Secretary of Defense. That memorandum further provided that: 
``The Secretary of Defense shall not exercise authority delegated * * * 
with respect to any former Soviet republic unless the Secretary of 
State has exercised his authority and performed the duty delegated * * 
* with respect to that former Soviet Republic. The Secretary of Defense 
shall not obligated funds in the exercise of authority delegated * * * 
unless the Director of the Office of Management and Budget has 
determined that expenditures during fiscal year 1993 pursuant to such 
obligation shall be counted against the defense category of 
discretionary spending limits for that fiscal year (as defined in 
section 601(a)(2) of the Congressional Budget Act of 1974) for purposes 
of Part C of the Balanced Budget and Emergency Deficit Control Act of 
1985.''. (58 F.R. 3193; January 8, 1993).
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          (1) by supporting the dismantlement and destruction 
        of nuclear, biological, and chemical weapons, their 
        delivery systems, and conventional weapons of the 
        independent states of the former Soviet Union;
          (2) by supporting bilateral and multilateral efforts 
        to halt the proliferation of nuclear, biological, and 
        chemical weapons, their delivery systems, related 
        technologies, and other weapons of the independent 
        states, including activities such as--
                  (A) the storage, transportation, and 
                safeguarding of such weapons, and
                  (B) the purchase, barter, or other 
                acquisition of such weapons or materials 
                derived from such weapons;
          (3) by establishing programs for safeguarding against 
        the proliferation of nuclear, biological, chemical, and 
        other weapons of the independent states;
          (4) by establishing programs for preventing diversion 
        of weapons-related scientific and technical expertise 
        of the independent states to terrorist groups or to 
        third countries;
          (5) by establishing science and technology centers in 
        the independent states for the purpose of engaging 
        weapons scientists and engineers of the independent 
        states (in particular those who were previously 
        involved in the design and production of nuclear, 
        biological, and chemical weapons) in productive, 
        nonmilitary undertakings; and
          (6) by establishing programs for facilitating the 
        conversion of military technologies and capabilities 
        and defense industries of the former Soviet Union into 
        civilian activities.
    (b) Funding Priorities.--Priority in carrying out this 
section shall be given to the activities described in 
paragraphs (1) through (5) of subsection (a).
    (c) Use of Defense Funds.--
          (1) Authorization.--In recognition of the direct 
        contributions to the national security interests of the 
        United States of the programs and activities authorized 
        by subsection (a), the President is authorized to make 
        available for use in carrying out those programs and 
        activities, in addition to amounts otherwise available 
        for such purposes, funds made available pursuant to 
        sections 108 and 109 of Public Law 102-229 or under the 
        amendments made by section 506(a) of this Act.\27\
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    \27\ For title I of Public Law 102-229, see Legislation on Foreign 
Relations Through 2005, vol. II.
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          (2) Limitation.--Funds described in paragraph (1) may 
        not be obligated for programs and activities under 
        subsection (a) unless the Director of the Office of 
        Management and Budget has determined that expenditures 
        during fiscal year 1993 pursuant to such obligation 
        shall be counted against the defense category of the 
        discretionary spending limits for that fiscal year (as 
        defined in section 601(a)(2) of the Congressional 
        Budget Act of 1974) for purposes of part C of the 
        Balanced Budget and Emergency Deficit Control Act of 
        1985.

SEC. 504.\28\ NONPROLIFERATION AND DISARMAMENT FUND.

    (a) Authorization.--The President is authorized to promote 
bilateral and multilateral nonproliferation and disarmament 
activities--
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    \28\ 22 U.S.C. 5854. Authorities and duties vested in the President 
under this section are delegated to the Secretary of State, in 
consultation with the Secretary of Defense and other appropriate 
agencies (Presidential memorandum of April 21, 1994; 59 F.R. 21619). 
Funds appropriated or otherwise made available for the Nonproliferation 
and Disarmament Fund are, furthermore, allocated to the Secretary of 
State, by the same memorandum.
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          (1) by supporting the dismantlement and destruction 
        of nuclear, biological, and chemical weapons, their 
        delivery systems, and conventional weapons;
          (2) by supporting bilateral and multilateral efforts 
        to halt the proliferation of nuclear, biological, and 
        chemical weapons, their delivery systems, related 
        technologies, and other weapons, including activities 
        such as--
                  (A) the storage, transportation, and 
                safeguarding of such weapons, and
                  (B) the purchase, barter, or other 
                acquisition of such weapons or materials 
                derived from such weapons;
          (3) by establishing programs for safeguarding against 
        the proliferation of nuclear, biological, chemical, and 
        other weapons of the independent states of the former 
        Soviet Union;
          (4) by establishing programs for preventing diversion 
        of weapons-related scientific and technical expertise 
        of the independent states to terrorist groups or to 
        third countries;
          (5) by establishing science and technology centers in 
        the independent states for the purpose of engaging 
        weapons scientists and engineers of the independent 
        states (in particular those who were previously 
        involved in the design and production of nuclear, 
        biological, and chemical weapons) in productive, 
        nonmilitary undertakings; and
          (6) by establishing programs for facilitating the 
        conversion of military technologies and capabilities 
        and defense industries of the former Soviet Union into 
        civilian activities.
    (b) Funding Priorities.--Priority in carrying out this 
section shall be given to the activities described in 
paragraphs (1) through (5) of subsection (a).
    (c) Use of Security Assistance Funds.--
          (1) Authorization.--In recognition of the direct 
        contributions to the national security interests of the 
        United States of the programs and activities authorized 
        by subsection (a), the President is authorized to make 
        available for use in carrying out those programs and 
        activities, in addition to amounts otherwise available 
        for such purposes, up to $100,000,000 of security 
        assistance funds for fiscal year 1993.
          (2) Definition.--As used in paragraph (1), the term 
        ``security assistance funds'' means funds made 
        available for assistance under chapter 4 of part II of 
        the Foreign Assistance Act of 1961 (relating to the 
        Economic Support Fund) or assistance under section 23 
        of the Arms Export Control Act (relating to the 
        ``Foreign Military Financing Program'').
          (3) Exemption from certain restrictions.--Section 
        531(e) of the Foreign Assistance Act of 1961, and any 
        provision that corresponds to section 510 of the 
        Foreign Operations, Export Financing, and Related 
        Programs Appropriations Act, 1991 (relating to the 
        prohibition on financing exports of nuclear equipment, 
        fuel, and technology), shall not apply with respect to 
        funds used pursuant to this subsection.

SEC. 505.\29\ LIMITATIONS ON DEFENSE CONVERSION AUTHORITIES.

    Notwithstanding any other provision of law (including any 
other provision of this Act), funds may not be obligated in any 
fiscal year for purposes of facilitating the conversion of 
military technologies and capabilities and defense industries 
of the former Soviet Union into civilian activities, as 
authorized by sections 503(a)(6) and 504(a)(6) or any other 
provision of law, unless the President has previously obligated 
in the same fiscal year an amount equal to or greater than that 
amount of funds for defense conversion and defense transition 
activities in the United States. For purposes of this section, 
the term ``defense conversion and defense transition activities 
in the United States'' means those United States Government 
funded programs whose primary purpose is to assist United 
States private sector defense workers, United States companies 
that manufacture or otherwise provide defense goods or 
services, or United States communities adversely affected by 
reductions in United States defense spending, such as programs 
funded through the Office of Economic Adjustment in the 
Department of Defense or through \30\ the Economic Development 
Administration.
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    \29\ 22 U.S.C. 5855.
    \30\ Sec. 405(f)(20) of the Department of Education Appropriations 
Act, 1999 (title III of sec. 101(f) of Public Law 105-277 (112 Stat. 
2681-422) struck out ``, through the Defense Conversion Adjustment 
Program (as authorized by the Job Training Partnership Act), or 
through'' and inserted in lieu thereof ``or through''.
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SEC. 506.\31\ SOVIET WEAPONS DESTRUCTION.

    (a) \32\ Additional Funding.--
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    \31\ 22 U.S.C. 5856.
    \32\ Sec. 1421 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 106 Stat. 2565) made amendments 
identical to those in subsecs. (a) and (b).
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          (1) Authorization amount.--Section 221(a) of the 
        Soviet Nuclear Threat Reduction Act of 1991 (title II 
        of Public Law 102-228; 22 U.S.C. 2551 note) is amended 
        by striking out ``$400,000,000'' and inserting in lieu 
        thereof ``$800,000,000''.
          (2) Authorization period.--Section 221(e) of such Act 
        is amended--
                  (A) by inserting ``for fiscal year 1992 or 
                fiscal year 1993'' after ``under part B'';
                  (B) by inserting ``for that fiscal year'' 
                after ``for that program''; and
                  (C) by striking out ``for fiscal year 1992'' 
                and inserting in lieu thereof ``for that fiscal 
                year''.
    (b) \32\ Technical Revisions to Public Law 102-229.--Public 
Law 102-229 is amended--
          (1) in section 108 (105 Stat. 1708), by striking out 
        ``contained in H.R. 3807, as passed the Senate on 
        November 25, 1991'' and inserting in lieu thereof 
        ``(title II of Public Law 102-228)''; and
          (2) in section 109 (105 Stat. 1708)--
                  (A) by striking out ``H.R. 3807, as passed 
                the Senate on November 25, 1991'' and inserting 
                in lieu thereof ``Public Law 102-228 (105 Stat. 
                1696)''; and
                  (B) by striking out ``of H.R. 3807''.
    (c) \32\ Avoidance of Duplicative Amendments.--The 
amendments made by this section shall not be effective if the 
National Defense Authorization Act for Fiscal Year 1993 enacts 
an amendment to section 221(a) of the Soviet Nuclear Threat 
Reduction Act of 1991 that authorizes the transfer of an amount 
that is the same or greater than the amount that is authorized 
by the amendment made by subsection (a)(1) of this section and 
enacts amendments identical to those in subsections (a)(2) and 
(b) of this section. If that Act enacts such amendments, 
sections 503 and 508 of this Act shall be deemed to apply with 
respect to the funds made available under such amendments.

SEC. 507.\33\ WAIVER OF CERTAIN PROVISIONS.

    (a) In General.--Funds made available for fiscal year 1993 
under sections 503 and 504 to provide assistance or otherwise 
carry out programs and activities with respect to the 
independent states of the former Soviet Union under those 
sections may be used notwithstanding any other provision of 
law, other than the provisions cited in subsection (b).
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    \33\ 22 U.S.C. 5857.
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    (b) Exceptions.--Subsection (a) does not apply with respect 
to--
          (1) this title; and
          (2) section 1341 of title 31, United States Code 
        (commonly referred to as the ``Anti-Deficiency Act''), 
        the Congressional Budget and Impoundment Control Act of 
        1974, the Balanced Budget and Emergency Deficit Control 
        Act of 1985, and the Budget Enforcement Act of 1990.

SEC. 508.\34\ NOTICE AND REPORTS TO CONGRESS.

    (a) Notice of Proposed Obligations.--Not less than 15 days 
before obligating any funds under section 503 or 504 or the 
amendments made by section 506(a), the President shall transmit 
to the Speaker of the House of Representatives, the President 
Pro Tempore of the Senate, and the appropriate congressional 
committees a report on the proposed obligation. Each such 
report shall specify--\35\
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    \34\ 22 U.S.C. 5858.
    \35\ In a memorandum of December 30, 1992, for the Secretaries of 
State and Defense, and the Director, OMB, the President delegated 
authority established in sec. 502 of the FREEDOM Support Act and in 
sec. 1412(d) of Public Law 102-484 to the Secretary of State. The 
President further delegated authority in secs. 1412(a), 1431, and 1432 
of Public Law 102-484, and in secs. 503 and 508 of the FREEDOM Support 
Act to the Secretary of Defense. That memorandum further provided that: 
``The Secretary of Defense shall not exercise authority delegated * * * 
with respect to any former Soviet republic unless the Secretary of 
State has exercised his authority and performed the duty delegated * * 
* with respect to that former Soviet Republic. The Secretary of Defense 
shall not obligated funds in the exercise of authority delegated * * * 
unless the Director of the Office of Management and Budget has 
determined that expenditures during fiscal year 1993 pursuant to such 
obligation shall be counted against the defense category of 
discretionary spending limits for that fiscal year (as defined in 
section 601(a)(2) of the Congressional Budget Act of 1974) for purposes 
of Part C of the Balanced Budget and Emergency Deficit Control Act of 
1985.''. (58 F.R. 3193; January 8, 1993).
    In a memorandum of April 21, 1994 (59 F.R. 21619), authorities and 
duties vested in the President under this section as they relate to 
section 504 are delegated to the Secretary of State.
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          (1) the account, budget activity, and particular 
        program or programs from which the funds proposed to be 
        obligated are to be derived and the amount of the 
        proposed obligations; and
          (2) the activities and forms of assistance for which 
        the President plans to obligate such funds.
    (b) Semiannual Report.--Not later than April 30, 1993, and 
not later than October 30, 1993, the President shall transmit 
to the Speaker of the House of Representatives, the President 
Pro Tempore of the Senate, and the appropriate congressional 
committees a report on the activities carried out under 
sections 503 and 504 and the amendments made by section 506(a). 
Each such report shall set forth, for the preceding 6-month 
period and cumulatively, the following:
          (1) The amounts expended for such activities and the 
        purposes for which they were expended.
          (2) The source of the funds obligated for such 
        activities, specified by program.
          (3) A description of the participation of all United 
        States Government departments and agencies in such 
        activities.
          (4) A description of the activities carried out and 
        the forms of assistance provided.
          (5) Such other information as the President considers 
        appropriate to fully inform the Congress concerning the 
        operation of the programs and activities carried out 
        under sections 503 and 504 and the amendments made by 
        section 506(a).
    (c) Appropriate Congressional Committees.--As used in this 
section--
          (1) the term ``appropriate congressional committees'' 
        means--
                  (A) the Committee on Foreign Relations of the 
                Senate, the Committee on Foreign Affairs \36\ 
                of the House of Representatives, and the 
                Committees on Appropriations of the House and 
                the Senate, wherever the account, budget 
                activity, or program is funded from 
                appropriations made under the international 
                affairs budget function (150);
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    \36\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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                  (B) the Committees on Armed Services and the 
                Committees on Appropriations of the Senate and 
                the House of Representatives,\37\ wherever the 
                account, budget activity, or program is funded 
                from appropriations made under the national 
                defense budget function (050); and
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    \37\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. The Committee on 
National Security subsequently returned to the name ``Committee on 
Armed Services''; see sec. 1067 of Public Law 106-65 (113 Stat. 774).
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          (2) the committee to which the specified activities 
        of section 503(a) or 504(a) or subtitle B of the Soviet 
        Nuclear Threat Reduction Act of 1991 \38\ (as the case 
        may be), if the subject of separate legislation, would 
        be referred, under the rules of the respective House of 
        Congress.
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    \38\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II.
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SEC. 509.\39\ INTERNATIONAL NONPROLIFERATION INITIATIVE.

    (a) Assistance for International Nonproliferation 
Activities.--Subject to the limitations and requirements 
provided in this section, during fiscal year 1993 the Secretary 
of Defense, under the guidance of the President, may provide 
assistance to support international nonproliferation 
activities.
---------------------------------------------------------------------------
    \39\ 22 U.S.C. 5859.
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    (b) Activities For Which Assistance May Be Provided.--
Activities for which assistance may be provided under this 
section are activities such as the following:
          (1) Activities carried out by the International 
        Atomic Energy Agency (IAEA) that are designed to ensure 
        more effective safeguards against nuclear proliferation 
        and more aggressive verification of compliance with the 
        Treaty on the Non-Proliferation of Nuclear Weapons, 
        done on July 1, 1968.
          (2) Activities of the On-Site Inspection Agency in 
        support of the United Nations Special Commission on 
        Iraq.
          (3) Collaborative international nuclear security and 
        nuclear safety projects to combat the threat of nuclear 
        theft, terrorism, or accidents, including joint 
        emergency response exercises, technical assistance, and 
        training.
          (4) Efforts to improve international cooperative 
        monitoring of nuclear proliferation through joint 
        technical projects and improved intelligence sharing.
    (c) Form of Assistance.--(1) Assistance under this section 
may include funds and in-kind contributions of supplies, 
equipment, personnel, training, and other forms of assistance.
    (2) Assistance under this section may be provided to 
international organizations in the form of funds only if the 
amount in the ``Contributions to International Organizations'' 
account of the Department of State is insufficient or otherwise 
unavailable to meet the United States fair share of assessments 
for international nuclear nonproliferation activities.
    (3) No amount may be obligated for an expenditure under 
this section unless the Director of the Office of Management 
and Budget determines that the expenditure will be counted 
against the defense category of the discretionary spending 
limits for fiscal year 1993 (as defined in section 601(a)(2) of 
the Congressional Budget Act of 1974) for purposes of part C of 
the Balanced Budget and Emergency Deficit Control Act of 1985.
    (4) No assistance may be furnished under this section 
unless the Secretary of Defense determines and certifies to the 
Congress 30 days in advance that the provision of such 
assistance--
          (A) is in the national security interest of the 
        United States; and
          (B) will not adversely affect the military 
        preparedness of the United States.
    (5) The authority to provide assistance under this section 
in the form of funds may be exercised only to the extent and in 
the amounts provided in advance in appropriations Act.
    (d) Sources of Assistance.--(1) Funds provided as 
assistance under this section shall be derived from amounts 
made available to the Department of Defense for fiscal year 
1993 or from balances in working capital accounts of the 
Department of Defense.
    (2) Supplies and equipment provided as assistance under 
this section may be provided, by loan or donation, from 
existing stocks of the Department of Defense and the Department 
of Energy.
    (3) The total amount of the assistance provided in the form 
of funds under this section may not exceed $40,000,000. Of such 
amount, not more than $20,000,000 may be used for the 
activities of the On-Site Inspection agency in support of the 
United Nations Special Commission on Iraq.
    (4) Not less than 30 days before obligating any funds to 
provide assistance under this section, the Secretary of Defense 
shall transmit to the committees of Congress named in 
subsection (e)(2) a report on the proposed obligation. Each 
such report shall specify--
          (A) the account, budget activity, and particular 
        program or programs from which the funds proposed to be 
        obligated are to be derived and the amount of the 
        proposed obligation; and
          (B) the activities and forms of assistance for which 
        the Secretary of Defense plans to obligate the funds.
    (e) Quarterly Report.--(1) Not later than 30 days after the 
end of each quarter of fiscal year 1993, the Secretary of 
Defense shall transmit to the committees of Congress named in 
paragraph (2) a report of the activities to reduce the 
proliferation threat carried out under this section. Each 
report shall set forth (for the preceding quarter and 
cumulatively)--
          (A) the amounts spent for such activities and the 
        purposes for which they were spent;
          (B) a description of the participation of the 
        Department of Defense and the Department of Energy and 
        the participation of other Government agencies in those 
        activities; and
          (C) a description of the activities for which the 
        funds were spent.
    (2) The committees of Congress to which reports under 
paragraph (1) and under subsection (d)(2) are to be transmitted 
are--
          (A) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations 
        of the Senate; and
          (B) the Committee on Armed Services, the Committee on 
        Appropriations, the Committee on Foreign Affairs, and 
        the Committee on Energy and Commerce of the House of 
        Representatives.\40\
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    \40\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Armed Services of the House of 
Representatives shall be treated as referring to the Committee on 
National Security of the House of Representatives. Sec. 1(a)(4) of that 
Act similarly provided that reference to the Committee on Energy and 
Commerce shall be treated as referring to the Committee on Commerce, 
and sec. 1(a)(5) provided that reference to the Committee on Foreign 
Affairs shall be treated as referring to the Committee on International 
Relations. The Committee on National Security subsequently returned to 
the name ``Committee on Armed Services''; see sec. 1067 of Public Law 
106-65 (113 Stat. 774).
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    (f) Avoidance of Duplicative Authorizations.--This section 
shall not apply if the National Defense Authorization Act for 
Fiscal Year 1993 enacts the same authorities and requirements 
as are contained in this section and authorizes the 
appropriation of the same (or a greater) amount to carry out 
such authorities.

SEC. 510.\41\ REPORT ON SPECIAL NUCLEAR MATERIALS.

    Not later than 180 days after the date of enactment of this 
Act, the Secretary of State shall prepare, in consultation with 
the Secretary of Defense and the Secretary of Energy, and shall 
transmit to the Congress a report on the possible alternatives 
for the ultimate disposition of special nuclear materials of 
the former Soviet Union. This report shall include--
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    \41\ 22 U.S.C. 5860.
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          (1) a cost-benefit analysis comparing (A) the 
        relative merits of the indefinite storage and 
        safeguarding of such materials in the independent 
        states of the former Soviet Union and (B) its 
        acquisition by the United States by purchase, barter, 
        or other means;
          (2) a discussion of relevant issues such as the 
        protection of United States uranium producers from 
        dumping, the relative vulnerability of these stocks of 
        special nuclear materials to illegal proliferation, and 
        the potential electrical and other savings associated 
        with their being made available in the fuel cycle in 
        the United States; and
          (3) a discussion of how highly enriched uranium 
        stocks could be diluted for reactor fuel.

SEC. 511.\42\ RESEARCH AND DEVELOPMENT FOUNDATION.

    (a) Establishment.--The Director of the National Science 
Foundation (hereinafter in this section referred to as the 
``Director'') is authorized to establish an endowed, 
nongovernmental, nonprofit foundation (hereinafter in this 
section referred to as the ``Foundation'') in consultation with 
the Director of the National Institute of Standards and 
Technology.
---------------------------------------------------------------------------
    \42\ 22 U.S.C. 5861.
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    (b) Purposes.--The purposes of the Foundation shall be the 
following:
          (1) To provide productive research and development 
        opportunities within the independent states of the 
        former Soviet Union that offer scientists and engineers 
        alternatives to emigration and help prevent the 
        dissolution of the technological infrastructure of the 
        independent states.
          (2) To advance defense conversion by funding civilian 
        collaborative research and development projects between 
        scientists and engineers in the United States and in 
        the independent states of the former Soviet Union.
          (3) To assist in the establishment of a market 
        economy in the independent states of the former Soviet 
        Union by promoting, identifying, and partially funding 
        joint research, development, and demonstration ventures 
        between United States businesses and scientists, 
        engineers, and entrepreneurs in those independent 
        states.
          (4) To provide a mechanism for scientists, engineers, 
        and entrepreneurs in the independent states of the 
        former Soviet Union to develop an understanding of 
        commercial business practices by establishing linkages 
        to United States scientists, engineers, and businesses.
          (5) To provide access for United States businesses to 
        sophisticated new technologies, talented researchers, 
        and potential new markets within the independent states 
        of the former Soviet Union.
    (c) Functions.--In carrying out its purposes, the 
Foundation shall--
          (1) promote and support joint research and 
        development projects for peaceful purposes between 
        scientists and engineers in the United States and 
        independent states of the former Soviet Union on 
        subjects of mutual interest; and
          (2) seek to establish joint nondefense industrial 
        research, development, and demonstration activities 
        through private sector linkages which may involve 
        participation by scientists and engineers in the 
        university or academic sectors, and which shall include 
        some contribution from industrial participants.
    (d) Funding.--
          (1) Use of certain department of defense funds.--(A) 
        To the extent funds appropriated to carry out subtitle 
        E of title XIV of the National Defense Authorization 
        Act for Fiscal Year 1993 (relating to joint research 
        and development programs with the independent states of 
        the former Soviet Union) are otherwise available for 
        such purpose, such funds may be made available to the 
        Director for use by the Director in establishing the 
        endowment of the Foundation and otherwise carrying out 
        this section.
          (B) For each fiscal year after fiscal year 1993, not 
        more than 50 percent of the funds made available to the 
        Foundation by the United States Government may be funds 
        appropriated in the national defense budget function 
        (function 050).
          (2) Contribution to endowment by participating 
        independent states.--As a condition of participation in 
        the Foundation, an independent state of the former 
        Soviet Union must make a minimum contribution to the 
        endowment of the Foundation, as determined by the 
        Director, which shall reflect the ability of the 
        independent state to make a financial contribution and 
        its expected level of participation in the Foundation's 
        programs.
          (3) Debt conversions.--To the extent provided in 
        advance by appropriations Acts, local currencies or 
        other assets resulting from government-to-government 
        debt conversions may be made available to the 
        Foundation. For purposes of this paragraph, the term 
        ``debt conversion'' means an agreement whereby a 
        country's government-to-government or commercial 
        external debt burden is exchanged by the holder for 
        local currencies, policy commitments, other assets, or 
        other economic activities, or for an equity interest in 
        an enterprise theretofore owned by the debtor 
        government.
          (4) Local currencies.--In addition to other uses 
        provided by law, and subject to agreement with the 
        foreign government, local currencies generated by 
        United States assistance programs may be made available 
        to the Foundation.
          (5) Investment of government assistance.--The 
        Foundation may invest any revenue provided to it 
        through United States Government assistance, and any 
        interest earned on such investment may be used only for 
        the purpose for which the assistance was provided.
          (6) Other funds from government and nongovernmental 
        sources.--The Foundation may accept such other funds as 
        may be provided to it by Government agencies or 
        nongovernmental entities.

                 TITLE VI--SPACE TRADE AND COOPERATION

SEC. 601.\43\ FACILITATING DISCUSSIONS REGARDING THE ACQUISITION OF 
                    SPACE HARDWARE, TECHNOLOGY, AND SERVICES FROM THE 
                    FORMER SOVIET UNION.

    (a) Expedited Review.--Any request for a license or other 
approval described in subsection (c) that is submitted to any 
United States Government agency by the National Aeronautics and 
Space Administration, any of its contractors, or any other 
person shall be considered on an expedited basis by that agency 
and any other agency involved in an applicable interagency 
review process.
---------------------------------------------------------------------------
    \43\ 22 U.S.C. 5871.
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    (b) Notice to Congress if License Denied.--If any United 
States Government agency denies a request for a license or 
other approval described in subsection (c), that agency shall 
immediately notify the designated congressional committees. 
Each such notification shall include a statement of the reasons 
for the denial.
    (c) Description of Discussions.--This section applies to a 
request for any license or other approval that may be necessary 
to conduct discussions with an independent state of the former 
Soviet Union with respect to the possible acquisition of any 
space hardware, space technology, or space service for 
integration into--
          (1) United States space projects that have been 
        approved by the Congress, or
          (2) commercial space ventures,
including discussions relating to technical evaluation of such 
hardware, technology, or service.

SEC. 602.\44\ OFFICE OF SPACE COMMERCE.

    (a) Trade Missions.--The Office of Space Commerce of the 
Department of Commerce is authorized and encouraged to conduct 
one or more trade missions to appropriate independent states of 
the former Soviet Union for the purpose of familiarizing United 
States aerospace industry representatives with space hardware, 
space technologies, and space services that may be available 
from the independent states, and with the business practices 
and overall business climate in the independent states.
---------------------------------------------------------------------------
    \44\ 22 U.S.C. 5872.
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    (b) Monitoring Negotiations.--The Office of Space 
Commerce--
          (1) shall monitor the progress of any discussions 
        described in section 601(c)(1) that are being 
        conducted; and
          (2) shall advise the Administrator of the National 
        Aeronautics and Space Administration as to the impact 
        on United States industry of each potential acquisition 
        of space hardware, space technology, or space services 
        from the independent states of the former Soviet Union, 
        specifically including any anticompetitive issues the 
        Office may observe.

SEC. 603.\45\ REPORT TO CONGRESS.

    Within one year after the date of enactment of this title, 
the President shall submit to the designated congressional 
committees a report describing--
---------------------------------------------------------------------------
    \45\ 22 U.S.C. 5873.
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          (1) the opportunities for increased space-related 
        trade with the independent states of the former Soviet 
        Union;
          (2) a technology procurement plan for identifying and 
        evaluating all unique space hardware, space technology, 
        and space services available to the United States from 
        the independent states;
          (3) specific space hardware, space technology, and 
        space services that have been, or could be, the subject 
        of discussions described in section 601(c);
          (4) the trade missions carried out pursuant to 
        section 602(a), including the private participation in 
        and the results of such missions;
          (5) any barriers, regulatory or practical, that 
        inhibit space-related trade between the United States 
        and independent states, including any such barriers in 
        either the United States or the independent states; and
          (6) any anticompetitive issues raised during the 
        course of negotiations, as observed pursuant to section 
        602(b).

SEC. 604.\46\ DEFINITIONS.

    For purposes of this title--
---------------------------------------------------------------------------
    \46\ 22 U.S.C. 5874.
---------------------------------------------------------------------------
          (1) the term ``contractor'' means a National 
        Aeronautics and Space Administration contractor to the 
        extent that the acquisition of space hardware, space 
        technology, or space services from the independent 
        states of the former Soviet Union may be relevant to 
        the contractor's responsibilities under the contract; 
        and
          (2) the term ``designated congressional committees'' 
        means the Committee on Science, Space, and Technology 
        and the Committee on Foreign Affairs of the House of 
        Representatives \47\ and the Committee on Commerce, 
        Science, and Transportation and the Committee on 
        Foreign Relations of the Senate.
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    \47\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives. Sec. 1(a)(10) 
of that Act similarly provided that references to the Committee on 
Science, Space, and Technology shall be treated as referring to the 
Committee on Science.
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                     TITLE VII--AGRICULTURAL TRADE

          * * * * * * *

SEC. 703. ASSISTANCE FOR PRIVATE VOLUNTARY ORGANIZATIONS.

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

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

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

SEC. 707. DIRECT CREDIT SALES.

    (a) * * *
    (b) * * *
    (c) * * *
    (d) \48\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \48\ 22 U.S.C. 5621 note. Subsecs. (a) through (c) of this section 
amended the Agricultural Trade Act of 1978 at sec. 201 (7 U.S.C. 5621). 
Subsec. (d), struck out by sec. 276 of Public Law 104-127 (110 Stat. 
977) required that the Secretary of Agriculture issue final regulations 
to implement section 201 of the Agricultural Trade Act of 1978 not 
later than 30 days after the date of enactment of this Act.
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          * * * * * * *

TITLE VIII--UNITED STATES INFORMATION AGENCY, DEPARTMENT OF STATE, AND 
                    RELATED AGENCIES AND ACTIVITIES

SEC. 801.\49\ DESIGNATION OF EDMUND S. MUSKIE FELLOWSHIP PROGRAM. * * *
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    \49\ Sec. 801 amended sec. 227 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), 
relating to the Edmund S. Muskie Fellowship Program.
---------------------------------------------------------------------------

SEC. 802. NEW DIPLOMATIC POSTS IN THE INDEPENDENT STATES.

    There are authorized to be appropriated for ``new 
diplomatic posts'' for personnel, support, and other expenses, 
not otherwise provided for, for the Department of State and the 
United States Information Agency to establish and operate new 
diplomatic posts in the independent states of former Soviet 
Union, $25,000,000 for fiscal year 1993, which are authorized 
to remain available until September 30, 1994.
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    \50\ Sec. 803 repealed subsecs. (f) and (g) of sec. 132 of the 
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993.
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SEC. 803.\50\ OCCUPANCY OF NEW CHANCERY BUILDINGS. * * *

SEC. 804. CERTAIN POSITIONS AT UNITED STATES MISSIONS.

    (a) \51\ Amendment.--* * *
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    \51\ Sec. 804(a) amended the Omnibus Diplomatic Security and Anti-
Terrorism Act of 1986 at sec. 1004(a). For text, see Legislation on 
Foreign Relations Through 2005, vol. II.
---------------------------------------------------------------------------
    (b) \52\ Funding.--In addition to the funds made available 
pursuant to section 1005(c) of that Act, funds authorized to be 
appropriated by chapter 11 of part I of the Foreign Assistance 
Act of 1961 may be used in carrying out the amendment made by 
subsection (a) with respect to missions in the independent 
states of the former Soviet Union.
---------------------------------------------------------------------------
    \52\ 22 U.S.C. 4903 note.
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SEC. 805.\53\ INTERNATIONAL DEVELOPMENT LAW INSTITUTE.

    For purposes of the International Organizations Immunities 
Act (22 U.S.C. 288 and following), the International 
Development Law Institute shall be considered to be a public 
international organization in which the United States 
participates under the authority of an Act of Congress 
authorizing such participation.
---------------------------------------------------------------------------
    \53\ 22 U.S.C. 288j. For International Organizations Immunities Act 
(Public Law 79-291), see Legislation on Foreign Relations Through 2005, 
vol. II.
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SEC. 806.\54\ CERTAIN BOARD FOR INTERNATIONAL BROADCASTING CONSTRUCTION 
                    ACTIVITIES. * * *
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    \54\ Sec. 806 amended the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991 (104 Stat. 63), at sec. 301(c). For text, 
see Legislation on Foreign Relations Through 2005, vol. II.
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SEC. 807.\55\ EXCHANGES AND TRAINING AND SIMILAR PROGRAMS.

    (a) Funding for Exchanges and Training and Similar 
Programs.--
---------------------------------------------------------------------------
    \55\ 22 U.S.C. 2452 note.
---------------------------------------------------------------------------
          (1) Authorization of appropriations.--To carry out a 
        broad spectrum of exchanges, and of training and 
        similar programs to promote the objectives described in 
        section 498 of the Foreign Assistance Act of 1961, 
        between the United States and the independent states of 
        the former Soviet Union, there are authorized to be 
        appropriated for fiscal year 1993 (in addition to 
        amounts otherwise available for such purposes) the 
        following:
                  (A) $20,000,000 for exchange programs for 
                secondary school students.
                  (B) $30,000,000 for programs for participants 
                other than secondary school students, including 
                undergraduate and graduate students, farmers 
                and other agribusiness practitioners, and 
                participants in the exchanges carried out under 
                paragraph (2).
          (2) Local and regional self-government exchanges.--
        The Director of the United States Information Agency is 
        authorized to use funds authorized to be appropriated 
        by paragraph (1)(B) to conduct exchanges to provide 
        technical assistance in local and regional self-
        government to the independent states.
          (3) Report on proposed funding allocations.--Within 
        45 days after the date of the enactment of this Act, 
        the coordinator designated pursuant to section 102(a) 
        of this Act shall submit to the Congress a report 
        specifying the amount of funds authorized to be 
        appropriated by paragraph (1) that is proposed to be 
        allocated for each category of program and for each 
        Government agency.
          (4) Program administration.--
                  (A) USIA.--Educational, cultural, and any 
                other exchange programs carried out under this 
                subsection, including any such programs for 
                secondary school students, shall be 
                administered by the United States Information 
                Agency, and funds allocated for such programs 
                shall be transferred to that Agency.
                  (B) Other agencies.--Training and other non-
                exchange programs carried out under this 
                subsection shall be administered by the Agency 
                for International Development or such other 
                Government agency as has experience and 
                expertise in carrying out such programs.
          (5) Administrative expenses.--Up to 5 percent of the 
        funds made available to each Government agency under 
        this subsection may be used by that agency for 
        administrative expenses of program implementation.
    (b) Enhancement of USIA Educational and Cultural Exchange 
Programs.--In addition to amounts otherwise available for such 
purposes, there are authorized to be appropriated to the United 
States Information Agency for fiscal year 1993 for enhancement 
of existing educational and cultural exchange programs the 
following:
          (1) $9,950,000 for Fulbright Academic Exchange 
        Programs.
          (2) $10,850,000 for other programs administered by 
        the Bureau of Educational and Cultural Affairs.
    (c) \56\ Repeal.--Effective 6 months after the date of 
enactment of this Act, section 225 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993, and the item 
relating to that section in the table of contents set forth in 
section 2 of that Act, are repealed.
---------------------------------------------------------------------------
    \56\ 22 U.S.C. 2452 note.
---------------------------------------------------------------------------
    (d) \57\ Agribusiness Exchanges.--
---------------------------------------------------------------------------
    \57\ Sec. 4 of Executive Order 12884 of December 1, 1993 (58 F.R. 
64099; December 3, 1993) delegated to the Secretary of Agriculture 
those functions conferred upon the President in sec. 807(d). This 
delegation of authority is subject to the authority of the Coordinator 
(as established in sec. 102).
---------------------------------------------------------------------------
          (1) Authorization.--The President is authorized to 
        establish regional agribusiness offices at State 
        universities and land grant colleges in the United 
        States for the purpose of expanding exchanges between 
        agribusiness practitioners in the United States and 
        agribusiness practitioners in the independent states of 
        the former Soviet Union.
          (2) Limitation on funding sources.--Funds authorized 
        to be appropriated by this section or other provisions 
        of this Act (including chapter 11 of part I of the 
        Foreign Assistance Act of 1961) may not be used to 
        carry out this subsection.

                       TITLE IX--OTHER PROVISIONS

          * * * * * * *

SEC. 902.\58\ JOHNSON ACT.

    Section 955 of title 18, United States Code, shall not 
apply with respect to any obligations of the former Soviet 
Union, or any of the independent states of the former Soviet 
Union, or any political subdivision, organization, or 
association thereof.
---------------------------------------------------------------------------
    \58\ 18 U.S.C. 955 note. For text of the Johnson Act (Public Law 
80-772), see Legislation on Foreign Relations Through 2005, vol. III.
---------------------------------------------------------------------------

SEC. 903. SUPPORT FOR EAST EUROPEAN DEMOCRACY (SEED) ACT.

    (a) Scope of Authority.--The Support for East European 
Democracy (SEED) Act of 1989 is amended by inserting after 
section 2 (22 U.S.C. 5401) the following: * * *
          * * * * * * *

SEC. 906.\59\ ELIGIBILITY OF BALTIC STATES FOR NONLETHAL DEFENSE 
                    ARTICLES.

    (a) Eligibility.--Estonia, Latvia, and Lithuania shall each 
be eligible--
---------------------------------------------------------------------------
    \59\ 22 U.S.C. 2753 note.
---------------------------------------------------------------------------
          (1) to purchase, or to receive financing for the 
        purchase of, nonlethal defense articles--
                  (A) under the Arms Export Control Act (22 
                U.S.C. 2751 et seq.), without regard to section 
                3(a)(1) of that Act, or
                  (B) under section 503 of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2311), 
                without regard to the requirement in subsection 
                (a) of that section for a Presidential finding; 
                and
          (2) to receive nonlethal excess defense articles 
        transferred under section 519 of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2321m), without regard to the 
        restrictions in subsection (a) of that section.
    (b) Definitions.--As used in this section--
          (1) the term ``defense article'' has the same meaning 
        given to that term in section 47(3) of the Arms Export 
        Control Act (22 U.S.C. 2794(3)); and
          (2) the term ``excess defense article'' has the same 
        meaning given to that term in section 644(g) of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2403(g)).

SEC. 907.\60\ RESTRICTION ON ASSISTANCE TO AZERBAIJAN.

    United States assistance under this or any other Act (other 
than assistance under title V of this Act) may not be provided 
to the Government of Azerbaijan until the President determines, 
and so reports to the Congress, that the Government of 
Azerbaijan is taking demonstrable steps to cease all blockades 
and other offensive uses of force against Armenia and Nagorno-
Karabakh.
---------------------------------------------------------------------------
    \60\ 22 U.S.C. 5812 note. Section 1(a)(1) of Executive Order 12884 
of December 1, 1993 (58 F.R. 64099; December 3, 1993) delegated to the 
Secretary of State those functions conferred upon the President in sec. 
907.
    Title II of the Kenneth M. Ludden Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2002 (Public Law 
107-115; 115 Stat. 2129), under assistance for the independent states 
of the former Soviet Union, provided the following:
    ``(g)(1) Section 907 of the FREEDOM Support Act shall not apply 
to--
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  ``(A) activities to support democracy or assistance under title V of the 
FREEDOM Support Act and section 1424 of Public Law 104-201 or non-
proliferation assistance;

  ``(B) any assistance provided by the Trade and Development Agency under 
section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 2421);

  ``(C) any activity carried out by a member of the United States and 
Foreign Commercial Service while acting within his or her official 
capacity;

  ``(D) any insurance, reinsurance, guarantee or other assistance provided 
by the Overseas Private Investment Corporation under title IV of chapter 2 
of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);

  ``(E) any financing provided under the Export-Import Bank Act of 1945; or

  ``(F) humanitarian assistance.
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    ``(2) The President may waive section 907 of the FREEDOM Support 
Act if he determines and certifies to the Committees on Appropriations 
that to do so--
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  ``(A) is necessary to support United States efforts to counter 
international terrorism; or

  ``(B) is necessary to support the operational readiness of United States 
Armed Forces or coalition partners to counter international terrorism; or

  ``(C) is important to Azerbaijan's border security; and

  ``(D) will not undermine or hamper ongoing efforts to negotiate a 
peaceful settlement between Armenia and Azerbaijan or be used for offensive 
purposes against Armenia.
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    ``(3) The authority of paragraph (2) may only be exercised through 
December 31, 2002.
    ``(4) The President may extend the waiver authority provided in 
paragraph (2) on an annual basis on or after December 31, 2002 if he 
determines and certifies to the Committees on Appropriations in 
accordance with the provisions of paragraph (2).
    ``(5) The Committees on Appropriations shall be consulted prior to 
the provision of any assistance made available pursuant to paragraph 
(2).
    ``(6) Within 60 days of any exercise of the authority under 
paragraph (2) the President shall send a report to the appropriate 
congressional committees specifying in detail the following--
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  ``(A) the nature and quantity of all training and assistance provided to 
the Government of Azerbaijan pursuant to paragraph (2);

  ``(B) the status of the military balance between Azerbaijan and Armenia 
and the impact of United States assistance on that balance; and

  ``(C) the status of negotiations for a peaceful settlement between 
Armenia and Azerbaijan and the impact of United States assistance on those 
negotiations.''.
---------------------------------------------------------------------------

    The President issued such a waiver, pursuant to subsec. (g)(2) of 
that Act, on January 25, 2002 (Presidential Determination No. 2002-06; 
67 F.R. 5921); on January 17, 2003 (Presidential Determination No. 
2003-12; 68 F.R. 3803); on December 30, 2003 (Presidential 
Determination No. 2004-18; 69 F.R. 2057); and on January 13, 2005 
(Presidential Determination No. 2005-18; 70 F.R. 3853).
    Previously, title I of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1999 (sec. 101(d) of Public 
Law 105-277; 112 Stat. 2681-152), provided the following:
---------------------------------------------------------------------------

``overseas private investment corporation

``noncredit account
---------------------------------------------------------------------------

    ``The Overseas Private Investment Corporation is authorized to 
make, without regard to fiscal year limitations, as provided by 31 
U.S.C. 9104, such expenditures and commitments within the limits of 
funds available to it and in accordance with law as may be necessary: 
Provided, That the amount available for administrative expenses to 
carry out the credit and insurance programs (including an amount for 
official reception and representation expenses which shall not exceed 
$35,000) shall not exceed $32,500,000 of which not more than 
$27,500,000 may be made available until the Corporation reports to the 
Committees on Appropriations on measures taken to (1) establish sector 
specific investment funds; and (2) support regional investment 
initiatives in Georgia, Armenia and Azerbaijan through the Caucasus 
Fund: Provided further, That project-specific transaction costs, 
including direct and indirect costs incurred in claims settlements, and 
other direct costs associated with services provided to specific 
investors or potential investors pursuant to section 234 of the Foreign 
Assistance Act of 1961, shall not be considered administrative expenses 
for the purposes of this heading.''.
    \61\ 22 U.S.C. 5812 note.
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             TITLE X--INTERNATIONAL FINANCIAL INSTITUTIONS


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



          * * * * * * *

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

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

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

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

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

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

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

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

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

SECTION 1.\2\ SHORT TITLE.

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

             TITLE III--EMERGENCY AIRLIFT AND OTHER SUPPORT

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

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

SEC. 302. REPORTING REQUIREMENTS.

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

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

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

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

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

                PART A--UNITED STATES INFORMATION AGENCY

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

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

           PART B--BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS

SEC. 221. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 1.\1\ SHORT TITLE.

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

SEC. 2.\2\ PURPOSES.

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

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

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

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

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

SEC. 5.\8\ AUTHORIZATION OF APPROPRIATIONS.

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

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

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

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

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

SEC. 7.\11\ REPORT TO CONGRESS.

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

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

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

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

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

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

SECTION 1. SHORT TITLE

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

                          TITLE I--PANAMA \1\

          * * * * * * *

                TITLE II--EASTERN EUROPE AND YUGOSLAVIA

SEC. 201. ASSISTANCE TO SUPPORT TRANSITION TO DEMOCRACY.

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

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

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

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

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

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

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

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

                     TITLE I--STRUCTURAL ADJUSTMENT

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

                  TITLE II--PRIVATE SECTOR DEVELOPMENT

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

                     TITLE III--TRADE AND INVESTMENT

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

       TITLE IV--EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES

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

                   TITLE V--OTHER ASSISTANCE PROGRAMS

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

                TITLE VI--ADDITIONAL SEED PROGRAM ACTIONS

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

                     TITLE VII--REPORTS TO CONGRESS

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

                  TITLE VIII--MISCELLANEOUS PROVISIONS

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

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

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

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

    ``(a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 and the Support for East European 
Democracy (SEED) Act of 1989, $361,000,000, to remain available until 
September 30, 2007, which shall be available, notwithstanding any other 
provision of law, for assistance and for related programs for Eastern 
Europe and the Baltic States: Provided, That of the funds appropriated 
under this heading $5,000,000 should be made available for rule of law 
programs for the training of judges and prosecutors.
    ``(b) Funds appropriated under this heading shall be considered to 
be economic assistance under the Foreign Assistance Act of 1961 for 
purposes of making available the administrative authorities contained 
in that Act for the use of economic assistance.
    ``(c) The provisions of section 529 of this Act shall apply to 
funds appropriated under this heading: Provided, That notwithstanding 
any provision of this or any other Act, including provisions in this 
subsection regarding the application of section 529 of this Act, local 
currencies generated by, or converted from, funds appropriated by this 
Act and by previous appropriations Acts and made available for the 
economic revitalization program in Bosnia may be used in Eastern Europe 
and the Baltic States to carry out the provisions of the Foreign 
Assistance Act of 1961 and the Support for East European Democracy 
(SEED) Act of 1989.
    ``(d) The President is authorized to withhold funds appropriated 
under this heading made available for economic revitalization programs 
in Bosnia and Herzegovina, if he determines and certifies to the 
Committees on Appropriations that the Federation of Bosnia and 
Herzegovina has not complied with article III of annex 1-A of the 
General Framework Agreement for Peace in Bosnia and Herzegovina 
concerning the withdrawal of foreign forces, and that intelligence 
cooperation on training, investigations, and related activities between 
state sponsors of terrorism and terrorist organizations and Bosnian 
officials has not been terminated.''.
    See also sec. 534(k) of that Act, relating to the Middle East 
Foundation; and sec. 596, which stipulates that funds provided in 
certain accounts ``shall be made available for programs and countries 
in the amounts contained in the respective tables included'' in the 
conference report agreed to in the course of enactment of that Act. See 
H. Rept. 109-265 of November 2, 2005, accompanying Public Law 109-102 
(for allocation of Eastern Europe and the Baltic States funds, see p. 
91).
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  (b) Objectives of SEED Assistance.--The President should 
ensure that the assistance provided to East European countries 
pursuant to this Act is designed--
          (1) to contribute to the development of democratic 
        institutions and political pluralism characterized by--
                  (A) the establishment of fully democratic and 
                representative political systems based on free 
                and fair elections,
                  (B) effective recognition of fundamental 
                liberties and individual freedoms, including 
                freedom of speech, religion, and association,
                  (C) termination of all laws and regulations 
                which impede the operation of a free press and 
                the formation of political parties,
                  (D) creation of an independent judiciary, and
                  (E) establishment of non-partisan military, 
                security, and police forces;
          (2) to promote the development of a free market 
        economic system characterized by--
                  (A) privatization of economic entities,
                  (B) establishment of full rights to acquire 
                and hold private property, including land and 
                the benefits of contractual relations,
                  (C) simplification of regulatory controls 
                regarding the establishment and operation of 
                businesses,
                  (D) dismantlement of all wage and price 
                controls,
                  (E) removal of trade restrictions, including 
                on both imports and exports,
                  (F) liberalization of investment and capital, 
                including the repatriation of profits by 
                foreign investors;
                  (G) tax policies which provide incentives for 
                economic activity and investment,
                  (H) establishment of rights to own and 
                operate private banks and other financial 
                service firms, as well as unrestricted access 
                to private sources of credit, and
                  (I) access to a market for stocks, bonds, and 
                other instruments through which individuals may 
                invest in the private sector; and
          (3) not to contribute any substantial benefit--
                  (A) to Communist or other political parties 
                or organizations which are not committed to 
                respect for the democratic process, or
                  (B) to the defense or security forces of any 
                member country of the Warsaw Pact.
  (c) SEED Actions.--Assistance and other activities under the 
SEED Program (which may be referred to as ``SEED Actions'') 
shall include activities such as the following:
          (1) Leadership in the world bank and international 
        monetary fund.--United States leadership in 
        supporting--
                  (A) loans by the International Bank for 
                Reconstruction and Development and its 
                affiliated institutions in the World Bank group 
                that are designed to modernize industry, 
                agriculture, and infrastructure, and
                  (B) International Monetary Fund programs 
                designed to stimulate sound economic growth.
          (2) Currency stabilization loans.--United States 
        leadership in supporting multilateral agreement to 
        provide government-to-government loans for currency 
        stabilization where such loans can reduce inflation and 
        thereby foster conditions necessary for the effective 
        implementation of economic reforms.
          (3) Debt reduction and rescheduling.--Participation 
        in multilateral activities aimed at reducing and 
        rescheduling a country's international debt, when 
        reduction and deferral of debt payments can assist the 
        process of political and economic transition.
          (4) Agricultural assistance.--Assistance through the 
        grant and concessional sale of food and other 
        agricultural commodities and products when such 
        assistance can ease critical shortages but not inhibit 
        agricultural production and marketing in the recipient 
        country.
          (5) Enterprise funds.--Grants to support private, 
        nonprofit ``Enterprise Funds'', designated by the 
        President pursuant to law and governed by a Board of 
        Directors, which undertake loans, grants, equity 
        investments, feasibility studies, technical assistance, 
        training, and other forms of assistance to private 
        enterprise activities in the Eastern European country 
        for which the Enterprise Fund so is designated.
          (6) Labor market-oriented technical assistance.--
        Technical assistance programs directed at promoting 
        labor market reforms and facilitating economic 
        adjustment.
          (7) Technical training.--Programs to provide 
        technical skills to assist in the development of a 
        market economy.
          (8) Peace corps.--Establishment of Peace Corps 
        programs.
          (9) Support for indigenous credit unions.--Support 
        for the establishment of indigenous credit unions.
          (10) Generalized system of preferences.--Eligibility 
        for trade benefits under the Generalized System of 
        Preferences.
          (11) \4\ Normal trade relations.--The granting of 
        temporary or permanent nondiscriminatory treatment \5\ 
        to the products of an East European country through the 
        application of the criteria and procedures established 
        by section 402 of the Trade Act of 1974 (19 U.S.C. 
        2432; commonly referred to as the ``Jackson-Vanik 
        amendment'').\6\
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    \4\ Sec. 5003(b)(6)(B) of Public Law 105-206 (112 Stat. 790) struck 
out ``Most favored nation trade status'' and inserted in lieu thereof 
``Normal trade relations''.
    \5\ Sec. 5003(b)(6)(A) of Public Law 105-206 (112 Stat. 790) struck 
out ``(commonly referred to as `most favored nation status')'' after 
``permanent nondiscriminatory treatment''.
    \6\ See Legislation on Foreign Relations Through 2005, vol. III.
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          (12) Overseas private investment corporation.--
        Programs of the Overseas Private Investment 
        Corporation.
          (13) Export-import bank programs.--Programs of the 
        Export-Import Bank of the United States.
          (14) Trade and development agency \7\ activities.--
        Trade and Development Agency \7\ activities under the 
        Foreign Assistance Act of 1961.
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    \7\ Sec. 202(e) of Public Law 102-549 (106 Stat. 3658) provided 
that any reference in any law to the Trade and Development Program 
shall be deemed to be a reference to the Trade and Development Agency.
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          (15) Investment treaties.--Negotiation of bilateral 
        investment treaties.
          (16) Special tax treatment of below-market loans.--
        Exempting bonds from Internal Revenue Code rules 
        relating to below-market loans.
          (17) Exchange activities.--Expanded exchange 
        activities under the Fulbright, International Visitors, 
        and other programs conducted by the United States 
        Information Agency.
          (18) Cultural centers.--Contributions toward the 
        establishment of reciprocal cultural centers that can 
        facilitate educational and cultural exchange and 
        expanded understanding of Western social democracy.
          (19) Sister institutions.--Establishment of sister 
        institution programs between American and East European 
        schools and universities, towns and cities, and other 
        organizations in such fields as medicine and health 
        care, business management, environmental protection, 
        and agriculture.
          (20) Scholarships.--Scholarships to enable students 
        to study in the United States.
          (21) Science and technology exchanges.--Grants for 
        the implementation of bilateral agreements providing 
        for cooperation in science and technology exchange.
          (22) Assistance for democratic institutions.--
        Assistance designed to support the development of 
        legal, legislative, electoral, journalistic, and other 
        institutions of free, pluralist societies.
          (23) Environmental assistance.--Environmental 
        assistance directed at overcoming crucial deficiencies 
        in air and water quality and other determinants of a 
        healthful society.
          (24) Medical assistance.--Medical assistance 
        specifically targeted to overcome severe deficiencies 
        in pharmaceuticals and other basic health supplies.
          (25) Encouragement for private investment and 
        voluntary assistance.--Encouraging private investment 
        and voluntary private assistance, using a variety of 
        means including a SEED Information Center System and 
        the provision by the Department of Defense of 
        transportation for private nonfinancial contributions.

SEC. 3.\8\ SCOPE OF AUTHORITY.

    (a) General Authorization.--The President is authorized to 
conduct activities for any East European country that are 
similar to any activity authorized by this Act to be conducted 
in Poland or Hungary (excluding those authorized by section 102 
or the amendments made by sections 301 and 304) if such similar 
activities would effectively promote a transition to market-
oriented democracy.
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    \8\ 22 U.S.C. 5402. Sec. 903 of the FREEDOM Support Act (Public Law 
102-511; 106 Stat. 3355) added sec. 3.
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    (b) Administration of Justice Programs.--In order to 
strengthen the administration of justice in East European 
countries, the President may exercise the same authorities with 
respect to those countries as are available under section 534 
of the Foreign Assistance Act of 1961, subject to the 
limitations and requirements of that section, other than 
subsection (c) and the last two sentences of subsection (e).
    (c) Definition of East European Country.--For purposes of 
this Act, the term ``East European country'' includes Albania, 
Bulgaria, the Czech and Slovak Federal Republic, Estonia, 
Hungary, Latvia, Lithuania, Poland, Romania, and states that 
were part of the former Socialist Federal Republic of 
Yugoslavia.

                     TITLE I--STRUCTURAL ADJUSTMENT

SEC. 101.\9\ MULTILATERAL SUPPORT FOR STRUCTURAL ADJUSTMENT IN POLAND 
                    AND HUNGARY.

  (a) Multilateral Assistance for Poland and Hungary.--
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 5411.
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          (1) In general.--To the extent that Poland and 
        Hungary continue to evolve toward pluralism and 
        democracy and to develop and implement comprehensive 
        economic reform programs, the United States Government 
        shall take the leadership in mobilizing international 
        financial institutions, in particular the International 
        Monetary Fund and the International Bank for 
        Reconstruction and Development and its affiliated 
        institutions in the World Bank group, to provide timely 
        and appropriate resources to help Poland and Hungary.
          (2) World bank structural adjustment loan for 
        poland.--In furtherance of paragraph (1), the Secretary 
        of the Treasury shall direct the United States 
        Executive Director of the International Bank for 
        Reconstruction and Development to urge expeditious 
        approval and disbursement by the Bank of a structural 
        adjustment loan to Poland in an appropriate amount in 
        time to facilitate the implementation of major economic 
        reforms scheduled for early 1990, including the 
        termination of energy, export, and agricultural 
        subsidies and wage indexation.
  (b) Stabilization Assistance, Debt Relief, and Agricultural 
Assistance for Poland.--To the extent that Poland continues to 
evolve toward pluralism and democracy and to develop and 
implement comprehensive economic reform programs, the United 
States Government shall do the following:
          (1) Stabilization assistance.--The United States 
        Government, in conjunction with other member 
        governments of the Organization of Economic Cooperation 
        and Development (OECD) and international financial 
        institutions (including the International Monetary 
        Fund), shall support the implementation of a plan of 
        the Government of Poland to attack hyperinflation and 
        other structural economic problems, address pressing 
        social problems, carry out comprehensive economic 
        reform, and relieve immediate and urgent balance of 
        payments requirements in Poland, through the use of 
        mechanisms such as--
                  (A) the Exchange Stabilization Fund pursuant 
                to section 5302 of title 31, United States 
                Code, and in accordance with established 
                Department of the Treasury policies and 
                procedures; and
                  (B) the authority provided in section 102(c) 
                of this Act.
          (2) Debt relief.--The United States Government--
                  (A) shall urge all members of the ``Paris 
                Club'' of creditor governments and other 
                creditor governments to adopt, and participate 
                in, a generous and early rescheduling program 
                for debts owed by the Government of Poland; and
                  (B) in coordination with other creditor 
                governments, shall seek to expedite 
                consultations between the Government of Poland 
                and its major private creditors in order to 
                facilitate a rescheduling and reduction of 
                payments due on debt owed to such creditors in 
                a manner consistent with the international debt 
                policy announced by the Secretary of the 
                Treasury on March 10, 1989.
          (3) Agricultural assistance.--The United States 
        Government shall provide agricultural assistance for 
        Poland in accordance with section 103.

SEC. 102.\10\ STABILIZATION ASSISTANCE FOR POLAND.

  (a) Immediate Emergency Assistance.--To the extent that the 
ongoing International Monetary Fund review of the Polish 
economy projects a probable balance of payments shortage for 
the fourth quarter of 1989, the United States Government, in 
carrying out paragraph (1) of section 101(b)--
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    \10\ 22 U.S.C. 5412.
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          (1) should work closely with the European Community 
        and international financial institutions to determine 
        the extent of emergency assistance required by Poland 
        for the fourth quarter of 1989, and
          (2) should consider extending a bridge loan to 
        relieve immediate and urgent balance of payments 
        requirements using the Exchange Stabilization Fund in 
        accordance with paragraph (1)(A) of section 101(b).
  (b) Immediate, Multilateral Response to Poland's Economic 
Stabilization Needs.--In furtherance of section 101(b)(1), the 
President, acting in coordination with the European Community, 
should seek to ensure that the industrialized democracies 
undertake an immediate, multilateral effort to respond to 
Poland's request for $1,000,000,000 to support its economic 
stabilization program.
  (c) Additional Authority To Provide Stabilization 
Assistance.--
          (1) Authority.--In order to carry out paragraph (1) 
        of section 101(b), the President is authorized to 
        furnish assistance for Poland, notwithstanding any 
        other provision of law, to assist in the urgent 
        stabilization of the Polish economy and ultimately to 
        promote longer-term economic growth and stability, 
        based on movement toward free market principles. Such 
        assistance may be provided for balance of payments 
        support (including commodity import programs), support 
        for private sector development, or for other activities 
        to further efforts to develop a free market-oriented 
        economy in Poland.
          (2) Authorization of appropriations.--For purposes of 
        providing the assistance authorized by this subsection, 
        there are authorized to be appropriated $200,000,000 
        for fiscal year 1990 to carry out chapter 4 of part II 
        of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 
        and following; relating to the economic support fund), 
        in addition to amounts otherwise available for such 
        purposes.

SEC. 103.\11\ AGRICULTURAL ASSISTANCE.

  (a) Agricultural Assistance Strategy.--
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 5413.
---------------------------------------------------------------------------
          (1) United states assistance.--A principal component 
        of the SEED Program shall be the provision by the 
        United States of food and other agricultural 
        commodities and products to alleviate crucial shortages 
        that may be created in an East European country by the 
        transition from state-directed controls to a free 
        market economy.
          (2) Assistance from other countries.--In order to 
        ensure the necessary quantity and diversity of 
        agricultural assistance for that purpose, the United 
        States shall take all appropriate steps to encourage 
        parallel efforts by the European Community and other 
        agricultural surplus countries.
          (3) Avoiding disincentives to private agricultural 
        production and marketing.--In participating in such 
        multilateral agricultural assistance, the United States 
        shall seek to strike a balance wherein agricultural 
        commodities and products are supplied in such 
        quantities as will be effective in overcoming severe 
        shortages and dampening inflation but without impeding 
        the development of incentives for private agricultural 
        production and marketing in the recipient country.
  (b) Agricultural Assistance for Poland.--Pursuant to section 
101(b)(3), the United States Government--
          (1) shall make available to Poland, in coordination 
        with the European Community, United States agricultural 
        assistance--
                  (A) to alleviate immediate food shortages 
                (such assistance to be specifically targeted 
                toward elements of the Polish population most 
                vulnerable to hunger and malnutrition, in 
                particular the infirm, the elderly, and 
                children), and
                  (B) to facilitate the transition from state-
                directed controls to a free market economy, 
                while avoiding disincentives to domestic 
                agricultural production and reform; and
          (2) in order to ensure the necessary quantity and 
        diversity of such agricultural assistance, shall take 
        all appropriate steps to encourage parallel efforts by 
        the European Community and other agricultural surplus 
        countries.
  (c) FY 1990 Minimum Level of Agricultural Assistance for 
Poland.--In carrying out subsection (b) of this section, the 
level of assistance for Poland for fiscal year 1990 under 
section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 
1431(b)), the Agricultural Trade Development and Assistance Act 
of 1954 (7 U.S.C. 1691 and following), and the Food for 
Progress Act of 1985 (7 U.S.C. 1736o) should not be less than 
$125,000,000. Such assistance--
          (1) to the maximum extent practicable, shall be 
        provided through nongovernmental organizations; and
          (2) shall emphasize feed grains.
  (d) Consistency With Budget Requirements.--Subsection (c) 
should not be construed to authorize or require any budgetary 
obligations or outlays that are inconsistent with House 
Concurrent Resolution 106 of the 101st Congress (setting forth 
the congressional budget for the United States Government for 
fiscal year 1990).

SEC. 104.\12\ DEBT-FOR-EQUITY SWAPS AND OTHER SPECIAL TECHNIQUES.

  (a) Reduction of Debt Burden.--The President shall take all 
appropriate actions to explore and encourage innovative 
approaches to the reduction of the government-to-government and 
commercial debt burden of East European countries which have 
taken substantive steps toward political democracy and economic 
pluralism.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 5414. Sec. 4 of Executive Order 12703, February 20, 
1990 (55 F.R. 6351), delegated the functions conferred upon the 
President in this section relating to debt reduction of certain East 
European countries to the Secretary of the Treasury.
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  (b) Authority for Discounted Sales of Debt.--Notwithstanding 
any other provision of law, the President may undertake the 
discounted sale, to private purchasers, of United States 
Government debt obligations of an East European country which 
has taken substantive steps toward political democracy and 
economic pluralism, subject to subsection (c).
  (c) Condition.--An obligation may be sold under subsection 
(b) only if the sale will facilitate so-called debt-for-equity 
or debt-for-development swaps wherein such newly privatized 
debt is exchanged by the new holder of the obligation for--
          (1) local currencies, policy commitments, or other 
        assets needed for development or other economic 
        activities, or
          (2) for an equity interest in an enterprise 
        theretofore owned by the particular East European 
        government.

                  TITLE II--PRIVATE SECTOR DEVELOPMENT

SEC. 201.\13\ ENTERPRISE FUNDS FOR POLAND AND HUNGARY.

  (a) Purposes.--The purposes of this section are to promote--
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 5421. Sec. 2 of Executive Order No. 12703, February 
20, 1990 (55 F.R. 6351), as amended, delegated the functions conferred 
upon the President in this section relating to Enterprise Funds for 
Poland and Hungary to the Secretary of State.
---------------------------------------------------------------------------
          (1) development of the Polish and Hungarian private 
        sectors, including small businesses, the agricultural 
        sector, and joint ventures with United States and host 
        country participants, and
          (2) policies and practices conducive to private 
        sector development in Poland and Hungary,
through loans, grants, equity investments, feasibility studies, 
technical assistance, training, insurance, guarantees, and 
other measures.
  (b) Authorization of Appropriations.--To carry out the 
purposes specified in subsection (a), there are authorized to 
be appropriated to the President--
          (1) $240,000,000 to support the Polish-American 
        Enterprise Fund; and
          (2) $60,000,000 to support the Hungarian-American 
        Enterprise Fund.
Such amounts are authorized to be made available until 
expended.
  (c) Nonapplicability of Other Laws.--The funds appropriated 
under subsection (b) may be made available to the Polish-
American Enterprise Fund and the Hungarian-American Enterprise 
Fund and used for the purposes of this section notwithstanding 
any other provision of law.
  (d) Designation of Enterprise Funds.--
          (1) Designation.--The President is authorized to 
        designate two private, nonprofit organizations as 
        eligible to receive funds and support pursuant to this 
        section upon determining that such organizations have 
        been established for the purposes specified in 
        subsection (a). For purposes of this Act, the 
        organizations so designated shall be referred to as the 
        Polish-American Enterprise Fund and the Hungarian-
        American Enterprise Fund (hereinafter in this section 
        referred to as the ``Enterprise Funds'').
          (2) Consultation with congress.--The President shall 
        consult with the leadership of each House of Congress 
        before designating an organization pursuant to 
        paragraph (1).
          (3) Board of directors.--(A) Each Enterprise Fund 
        shall be governed by a Board of Directors comprised of 
        private citizens of the United States, and citizens of 
        the respective host country, who have demonstrated 
        experience and expertise in those areas of private 
        sector development in which the Enterprise Fund is 
        involved.
          (B) A majority of the members of the Board of 
        Directors of each Enterprise Fund shall be United 
        States citizens: \14\ Provided, That, as to Enterprise 
        Funds established with respect to more than one host 
        country, such Enterprise Fund may, in lieu of the 
        appointment of citizens of the host countries to its 
        Board of Directors, establish an advisory council for 
        the host region comprised of citizens of each of the 
        host countries or establish separate advisory councils 
        for each of the host countries (hereinafter in this 
        section referred to as the ``Advisory Councils''), with 
        which the Enterprise Fund's policies and proposed 
        activities and such host country citizens shall satisfy 
        the experience and expertise requirements of this 
        clause.
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    \14\ Title II--Bilateral Economic Assistance, Assistance for the 
New Independent States of the Former Soviet Union, of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1996 (as enacted by reference in sec. 301 of Public Law 104-99; 110 
Stat. 26; enacted again as Public Law 104-107; 110 Stat. 714), added 
the proviso.
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          (C) A host country citizen who is not committed to 
        respect for democracy and a free market economy may not 
        serve as a member of the Board of Directors of an 
        Enterprise Fund.
          (4) Eligibility of enterprise funds for grants.--
        Grants may be made to an Enterprise Fund under this 
        section only if the Enterprise Fund agrees to comply 
        with the requirements specified in this section.
          (5) Private character of enterprise funds.--Nothing 
        in this section shall be construed to make an 
        Enterprise Fund an agency or establishment of the 
        United States Government, or to make the officers, 
        employees, or members of the Board of Directors of an 
        Enterprise Fund officers or employees of the United 
        States for purposes of title 5, United States Code.
  (e) Grants to Enterprise Funds.--Funds appropriated to the 
President pursuant to subsection (b) shall be granted to the 
Enterprise Funds by the Agency for International Development to 
enable the Enterprise Funds to carry out the purposes specified 
in subsection (a) and for the administrative expenses of each 
Enterprise Fund.
  (f) Eligible Programs and Projects.--
          (1) In general.--The Enterprise Funds may provide 
        assistance pursuant to this section only for programs 
        and projects which are consistent with the purposes set 
        forth in subsection (a).
          (2) Employee stock ownership plans.--Funds available 
        to the Enterprise Funds may be used to encourage the 
        establishment of Employee Stock Ownership Plans (ESOPs) 
        in Poland and Hungary.
          (3) Indigenous credit unions.--Funds available to the 
        Enterprise Funds may be used for technical and other 
        assistance to support the development of indigenous 
        credit unions in Poland and Hungary. As used in this 
        paragraph, the term ``credit union'' means a member-
        owned, nonprofit, cooperative depository institution--
                  (A) which is formed to permit individuals in 
                the field of membership specified in such 
                institution's charter to pool their savings, 
                lend the savings to one another, and own the 
                organization where they save, borrow, and 
                obtain related financial services; and
                  (B) whose members are united by a common bond 
                and democratically operate the institution.
          (4) Telecommunications modernization in poland.--The 
        Polish-American Enterprise Fund may use up to 
        $25,000,000 for grants for projects providing for the 
        early introduction in Poland of modern telephone 
        systems and telecommunications technology, which are 
        crucial in establishing the conditions for successful 
        transition to political democracy and economic 
        pluralism.
          (5) Economic foundation of nszz solidarnosc.--Funds 
        available to the Polish-American Enterprise Fund may be 
        used to support the Economic Foundation of NSZZ 
        Solidarnosc.
  (g) Matters To Be Considered by Enterprise Funds.--In 
carrying out this section, each Enterprise Fund shall take into 
account such considerations as internationally recognized 
worker rights and other internationally recognized human 
rights, environmental factors, United States economic and 
employment effects, and the likelihood of commercial viability 
of the activity receiving assistance from the Enterprise Fund.
  (h) Retention of Interest.--An Enterprise Fund may hold funds 
granted to it pursuant to this section in interest-bearing 
accounts, prior to the disbursement of such funds for purposes 
specified in subsection (a), and may retain for such program 
purposes any interest earned on such deposits without returning 
such interest to the Treasury of the United States and without 
further appropriation by the Congress.
  (i) Use of United States Private Venture Capital.--In order 
to maximize the effectiveness of the activities of the 
Enterprise Funds, each Enterprise Fund may conduct public 
offerings or private placements for the purpose of soliciting 
and accepting United States venture capital which may be used, 
separately or together with funds made available pursuant to 
this section, for any lawful investment purpose that the Board 
of Directors of the Enterprise Fund may determine in carrying 
out this section. Financial returns on Enterprise Fund 
investments that include a component of private venture capital 
may be distributed, at such times and in such amounts as the 
Board of Directors of the Enterprise Fund may determine, to the 
investors of such capital.
  (j) Financial Instruments for Individual Investment in 
Poland.--In order to maximize the effectiveness of the 
activities of the Polish-American Enterprise Fund, that 
Enterprise Fund should undertake all possible efforts to 
establish financial instruments that will enable individuals to 
invest in the private sectors of Poland and that will thereby 
have the effect of multiplying the impact of United States 
grants to that Enterprise Fund.
  (k) Nonapplicability of Other Laws.--Executive branch 
agencies may conduct programs and activities and provide 
services in support of the activities of the Enterprise Funds 
notwithstanding any other provision of law.
    (l) \15\ Limitation on Payments to Enterprise Fund 
Personnel.--
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    \15\ Sec. 588 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2438), amended and restated subsec. (l). It formerly read as 
follows:
    ``(l) Limitation on Payments to Enterprise Fund Personnel.--No part 
of the funds of either Enterprise Fund shall inure to the benefit of 
any board member, officer, or employee of such Enterprise Fund, except 
as salary or reasonable compensation for services.''.
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          (1) No part of the funds of an Enterprise Fund shall 
        inure to the benefit of any board member, officer, or 
        employee of such Enterprise Fund, except as salary or 
        reasonable compensation for services subject to 
        paragraph (2).
          (2) An Enterprise Fund shall not pay compensation for 
        services to--
                  (A) any board member of the Enterprise Fund, 
                except for services as a board member; or
                  (B) any firm, association, or entity in which 
                a board member of the Enterprise Fund serves as 
                partner, director, officer, or employee.
          (3) Nothing in paragraph (2) shall preclude payment 
        for services performed before the date of enactment of 
        this subsection nor for arrangements approved by the 
        grantor and notified in writing to the Committees on 
        Appropriations.
  (m) Independent Private Audits.--The accounts of each 
Enterprise Fund shall be audited annually in accordance with 
generally accepted auditing standards by independent certified 
public accountants or independent licensed public accountants 
certified or licensed by a regulatory authority of a State or 
other political subdivision of the United States. The report of 
each such independent audit shall be included in the annual 
report required by this section.
  (n) GAO Audits.--The financial transactions undertaken 
pursuant to this section by each Enterprise Fund may be audited 
by the General Accounting Office \16\ in accordance with such 
principles and procedures and under such rules and regulations 
as may be prescribed by the Comptroller General of the United 
States, so long as the Enterprise Fund is in receipt of United 
States Government grants.
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    \16\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public Law 
108-271; 118 Stat. 814) redesignated the ``General Accounting Office'' 
as the ``Government Accountability Office'' and provided that ``Any 
reference to the General Accounting Office in any law, rule, 
regulations, certificate, directive, instruction, or other official 
paper in force on the date of enactment of this Act shall be considered 
to refer and apply to the Government Accountability Office.''.
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  (o) Recordkeeping Requirements.--The Enterprise Funds shall 
ensure--
          (1) that each recipient of assistance provided 
        through the Enterprise Funds under this section keeps--
                  (A) separate accounts with respect to such 
                assistance;
                  (B) such records as may be reasonably 
                necessary to disclose fully the amount and the 
                disposition by such recipient of the proceeds 
                of such assistance, the total cost of the 
                project or undertaking in connection with which 
                such assistance is given or used, and the 
                amount and nature of that portion of the cost 
                of the project or undertaking supplied by other 
                sources; and
                  (C) such other records as will facilitate an 
                effective audit; and
          (2) that the Enterprise Funds, or any of their duly 
        authorized representatives, have access for the purpose 
        of audit and examination to any books, documents, 
        papers, and records of the recipient that are pertinent 
        to assistance provided through the Enterprise Funds 
        under this section.
  (p) Annual Reports.--Each Enterprise Fund shall publish an 
annual report, which shall include a comprehensive and detailed 
description of the Enterprise Fund's operations, activities, 
financial condition, and accomplishments under this section for 
the preceding fiscal year. This report shall be published not 
later than January 31 each year, beginning in 1991.

SEC. 202.\17\ LABOR MARKET TRANSITION IN POLAND AND HUNGARY.

  (a) Technical Assistance.--The Secretary of Labor 
(hereinafter in this section referred to as the ``Secretary''), 
in consultation with representatives of labor and business in 
the United States, shall--
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 5422.
---------------------------------------------------------------------------
          (1) provide technical assistance to Poland and 
        Hungary for the implementation of labor market reforms; 
        and
          (2) provide technical assistance to Poland and 
        Hungary to facilitate adjustment during the period of 
        economic transition and reform.
  (b) Types of Technical Assistance Authorized.--In carrying 
out subsection (a), the Secretary is authorized to provide 
technical assistance regarding policies and programs for 
training and retraining, job search and employment services, 
unemployment insurance, occupational safety and health 
protection, labor-management relations, labor statistics, 
analysis of productivity constraints, entrepreneurial support 
for small businesses, market-driven systems of wage and income 
determinations, job creation, employment security, the 
observance of internationally recognized worker rights 
(including freedom of association and the right to organize and 
bargain collectively), and other matters that the Secretary may 
deem appropriate regarding free labor markets and labor 
organizations.
  (c) Administrative Authorities.--In carrying out subsection 
(a), the Secretary is authorized to do the following:
          (1) Solicit and accept in the name of the Department 
        of Labor, and employ or dispose of in furtherance of 
        the purposes of this section, any money or property, 
        real, personal, or mixed, tangible or intangible, 
        received by gift, devise, bequest, or otherwise. Gifts 
        and donations of property which are no longer required 
        for the discharge of the purposes of this section shall 
        be reported to the Administrator of General Services 
        for transfer, donation, or other disposal in accordance 
        with the Federal Property and Administrative Services 
        Act of 1949 (40 U.S.C. 471 and following).
          (2) Solicit and accept voluntary and uncompensated 
        services notwithstanding section 1342 of title 31, 
        United States Code. A volunteer under this paragraph 
        shall not be deemed to be an employee of the United 
        States except for the purposes of--
                  (A) the tort claims provisions of title 28, 
                United States Code, and
                  (B) subchapter I of chapter 81 of title 5, 
                United States Code, relating to compensation 
                for work injuries.
          (3) Enter into arrangements or agreements with 
        appropriate departments, agencies, and establishments 
        of Poland and Hungary.
          (4) Enter into arrangements or agreements with 
        appropriate private and public sector United States 
        parties, and international organizations.
  (d) Consultation With Appropriate Officers.--In carrying out 
the responsibilities established by this section, the Secretary 
shall seek information and advice from, and consult with, 
appropriate officers of the United States.
  (e) Consultation With Labor and Business Representatives.--
For purposes of this section, consultation between the 
Secretary and United States labor and business representatives 
shall not be subject to the Federal Advisory Committee Act (5 
U.S.C. App.).
  (f) Delegation of Responsibilities.--The Secretary shall 
delegate the authority to carry out the programs authorized by 
this section to the head of the Bureau of International Labor 
Affairs of the Department of Labor.
  (g) Authorization of Appropriations.--There are authorized to 
be appropriated to the Department of Labor for the 3-year 
period beginning October 1, 1989, to carry out this section--
          (1) $4,000,000 for technical assistance to Poland; 
        and
          (2) $1,000,000 for technical assistance to Hungary.

SEC. 203.\18\ TECHNICAL TRAINING FOR PRIVATE SECTOR DEVELOPMENT IN 
                    POLAND AND HUNGARY.

  (a) Technical Training Program.--The Agency for International 
Development shall develop and implement a program for extending 
basic agribusiness, commercial, entrepreneurial, financial, 
scientific, and technical skills to the people of Poland and 
Hungary to enable them to better meet their needs and develop a 
market economy. This program shall include management training 
and agricultural extension activities.
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 5423.
---------------------------------------------------------------------------
  (b) Participation by Enterprise Funds and Other Agencies and 
Organizations.--In carrying out subsection (a), the Agency for 
International Development may utilize the Polish-American 
Enterprise Fund and the Hungarian-American Enterprise Fund and 
other appropriate Government and private agencies, programs, 
and organizations such as--
          (1) the Department of Agriculture;
          (2) the Farmer-to-Farmer Program under section 406(a) 
        (1) and (2) of the Agricultural Trade Development and 
        Assistance Act of 1954 (7 U.S.C. 1736(a) (1) and (2));
          (3) the International Executive Service Corps;
          (4) the Foundation for the Development of Polish 
        Agriculture;
          (5) the World Council of Credit Unions; and
          (6) other United States, Polish, and Hungarian 
        private and voluntary organizations and private sector 
        entities.
  (c) Nonapplicability of Other Provisions of Law.--Assistance 
provided pursuant to subsection (a) under the authorities of 
part I of the Foreign Assistance Act of 1961 may be provided 
notwithstanding any other provision of law.
  (d) Authorization of Appropriations.--For purposes of 
implementing this section, there are authorized to be 
appropriated $10,000,000 for the 3-year period beginning 
October 1, 1989, to carry out chapter 1 of part I of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following; 
relating to development assistance), in addition to amounts 
otherwise available for such purposes.
  (e) Limitation With Respect to Farmer-to-Farmer Program.--Any 
activities carried out pursuant to this Act through the Farmer-
to-Farmer Program under section 406(a) (1) and (2) of the 
Agricultural Trade Development and Assistance Act of 1954 shall 
be funded with funds authorized to be appropriated by this Act 
and local currencies made available under section 205, and 
shall not be funded with funds made available pursuant to 
section 1107 of the Food Security Act of 1985 (7 U.S.C. 1736 
note) or a similar, subsequent provision of law.

SEC. 204.\19\ PEACE CORPS PROGRAMS IN POLAND AND HUNGARY.

  There are authorized to be appropriated to carry out programs 
in Poland and Hungary under the Peace Corps Act, $6,000,000 for 
the 3-year period beginning October 1, 1989, in addition to 
amounts otherwise available for such purposes. Such programs 
shall include the use of Peace Corps volunteers--
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 5424.
---------------------------------------------------------------------------
          (1) to provide English language training, and
          (2) to extend the technical skills described in 
        section 203(a) to the people of Poland and Hungary, 
        using the Associate Volunteer Program to the extent 
        practicable.

SEC. 205.\20\ USE OF POLISH CURRENCY GENERATED BY AGRICULTURAL 
                    ASSISTANCE.

  (a) Additional Assistance For Poland.--A portion of the 
agricultural commodities described in subsection (c) may be 
made available and sold or bartered in Poland to generate local 
currencies to be used--
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 5425.
---------------------------------------------------------------------------
          (1) to complement the assistance for Poland 
        authorized by sections 103(b), 201, and 203 of this 
        Act, and
          (2) to support the activities of the joint commission 
        established pursuant to section 2226 of the American 
        Aid to Poland Act of 1988 (7 U.S.C. 1431 note),
notwithstanding section 416(b)(7) of the Agricultural Act of 
1949 (7 U.S.C. 1431(b)(7)) or any other provision of law.
  (b) Emphasis on Agricultural Development.--The uses of local 
currencies generated under this section should emphasize the 
development of agricultural infrastructure, agriculture-related 
training, and other aspects of agricultural development in 
Poland.
  (c) Commodities Subject to Requirements.--Subsection (a) 
applies with respect to agricultural commodities made available 
for Poland for fiscal years 1990, 1991, and 1992 under section 
416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), the 
Agricultural Trade Development and Assistance Act of 1954 (7 
U.S.C. 1691 and following), and the Food for Progress Act of 
1985 (7 U.S.C. 1736o).
  (d) Other Uses Not Precluded.--The uses of agricultural 
commodities and local currencies specified in subsection (a) 
are in addition to other uses authorized by law.

SEC. 206.\21\ UNITED STATES POLICY OF PRIVATE FINANCIAL SUPPORT FOR 
                    POLISH AND HUNGARIAN CREDIT UNIONS.

  (a) In General.--In order to facilitate the development of 
indigenous credit unions in Poland and Hungary, it is the 
policy of the United States that--
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 5426.
---------------------------------------------------------------------------
          (1) United States citizens, financial institutions 
        (other than federally insured depository institutions), 
        and other persons may make contributions and loans to, 
        make capital deposits in, and provide other forms of 
        financial and technical assistance to credit unions in 
        Poland and Hungary; and
          (2) federally insured depository institutions may 
        provide technical assistance to credit unions in Poland 
        and Hungary, to the extent that the provision of such 
        assistance is prudent and not inconsistent with safe 
        and sound banking practice.
  (b) Amendment to Federal Credit Union Act.--Section 107 of 
the Federal Credit Union Act (12 U.S.C. 1757) is amended by 
redesignating paragraph (16) as paragraph (17) and by inserting 
after paragraph (15) the following new paragraph:
          ``(16) subject to such regulations as the Board may 
        prescribe, to provide technical assistance to credit 
        unions in Poland and Hungary; and''.
  (c) Definitions.--For purposes of subsection (a)--
          (1) the term ``credit union'' means a member-owned, 
        nonprofit, cooperative depository institution--
                  (A) which is formed to permit individuals in 
                the field of membership specified in such 
                institution's charter to pool their savings, 
                lend the savings to one another, and own the 
                organization where they save, borrow, and 
                obtain related financial services; and
                  (B) whose members are united by a common bond 
                and democratically operate the institution; and
          (2) the term ``federally insured depository 
        institution'' means--
                  (A) any insured depository institution (as 
                defined in section 3(c)(2) of the Federal 
                Deposit Insurance Act); and
                  (B) any insured credit union (as defined in 
                section 101(7) of the Federal Credit Union 
                Act).

                    TITLE III--TRADE AND INVESTMENT

SEC. 301. ELIGIBILITY OF POLAND FOR GENERALIZED SYSTEM OF PREFERENCES.

  Subsection (b) of section 502 of the Trade Act of 1974 (19 
U.S.C. 2462(b)) \22\ is amended by striking out ``Poland'' in 
the table within such subsection.
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    \22\ Sec. 502(b) of the Trade Act of 1974 (Public Law 93-618) lists 
those countries excluded from designation of ``Beneficiary Developing 
Country'' under the Generalized System of Preferences. Hungary was 
removed from this list by Public Law 98-573, effective January 4, 1985.
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SEC. 302. OVERSEAS PRIVATE INVESTMENT CORPORATION PROGRAMS FOR POLAND 
                    AND HUNGARY.

  (a) Eligibility of Poland and Hungary for OPIC Programs.--
Section 239(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2199(f)) is amended by inserting ``, Poland, Hungary,'' after 
``Yugoslavia''.\23\
---------------------------------------------------------------------------
    \23\ Sec. 239 of the Foreign Assistance Act of 1961 states the 
general provisions and powers of the Overseas Private Investment 
Corporation. Subsec. (f) requires the President to determine that OPIC 
programs in certain countries are in the national interest.
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  (b) \24\ Enhancement of Nongovernmental Sector.--In 
accordance with its mandate to foster private initiative and 
competition and enhance the ability of private enterprise to 
make its full contribution to the development process, the 
Overseas Private Investment Corporation shall support projects 
in Poland and Hungary which will result in enhancement of the 
nongovernmental sector and reduction of state involvement in 
the economy.
---------------------------------------------------------------------------
    \24\ 22 U.S.C. 2199 note.
---------------------------------------------------------------------------
  (c) \24\ Avoidance of Duplicative Amendments.--If the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1990, contains the same amendment that is 
made by subsection (a) of this section, the amendment made by 
that Act shall not be effective.\25\
---------------------------------------------------------------------------
    \25\ Sec. 597 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1257), stated the same amendment.
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SEC. 303.\26\ EXPORT-IMPORT BANK PROGRAMS FOR POLAND AND HUNGARY.

  (a) Authority to Extend Credit to Poland and Hungary.--
Notwithstanding section 2(b)(2) of the Export-Import Bank Act 
of 1945 (12 U.S.C. 635(b)(2)), the Export-Import Bank of the 
United States may guarantee, insure, finance, extend credit, 
and participate in the extension of credit in connection with 
the purchase or lease of any product by the Republic of Hungary 
or any agency or national thereof or by the Polish People's 
Republic or any agency or national thereof.
---------------------------------------------------------------------------
    \26\ 12 U.S.C. 635 note.
---------------------------------------------------------------------------
  (b) Private Financial Intermediaries to Facilitate Exports to 
Poland.--Consistent with the provisions of the Export-Import 
Bank Act of 1945 (12 U.S.C. 635 and following), the Export-
Import Bank of the United States shall work with private 
financial intermediaries in Poland to facilitate the export of 
goods and services to Poland.

SEC. 304. TRADE CREDIT INSURANCE PROGRAM FOR POLAND.

    (a) * * * \27\
---------------------------------------------------------------------------
    \27\ Sec. 304(a) amended the Foreign Assistance Act of 1961 by 
inserting a new sec. 225.
---------------------------------------------------------------------------
  (b) Conforming Amendment.--Section 224 of that Act is amended 
by inserting ``For Central America'' after ``Program'' in the 
section caption.
  (c) Conforming Reference.--With respect to Poland, any 
reference in the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990, to section 224 of 
the Foreign Assistance Act of 1961 shall be deemed to be a 
reference to section 225 of that Act (as enacted by this 
section).

SEC. 305.\28\ TRADE AND DEVELOPMENT AGENCY \29\ ACTIVITIES FOR POLAND 
                    AND HUNGARY.

    In order to permit expansion of the Trade and Development 
Agency \29\ into Poland and Hungary, there are authorized to be 
appropriated $6,000,000 for the 3-year period beginning October 
1, 1989, to carry out section 661 of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2241), in addition to amounts otherwise 
available for such purpose.
---------------------------------------------------------------------------
    \28\ 22 U.S.C. 2421 note.
    \29\ Sec. 202(e) of Public Law 102-549 (106 Stat. 3658) provided 
that any reference in any law to the Trade and Development Program 
shall be deemed to be a reference to the Trade and Development Agency.
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SEC. 306. BILATERAL INVESTMENT TREATIES WITH POLAND AND HUNGARY.

  The Congress urges the President to seek bilateral investment 
treaties with Poland and Hungary in order to establish a more 
stable legal framework for United States investment in those 
countries.

SEC. 307. CERTAIN POLISH BONDS NOT SUBJECT TO INTERNAL REVENUE CODE 
                    RULES RELATING TO BELOW-MARKET LOANS.

  (a) In General.--Paragraph (5) of section 1812(b) of the Tax 
Reform Act of 1986 is amended--
          (1) by inserting ``or Poland'' after ``Israel'' in 
        the text thereof, and
          (2) by inserting ``or polish'' after ``israel'' in 
        the heading thereof.\30\
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    \30\ Sec. 1812(b)(5) of the Tax Reform Act of 1986 (Public Law 99-
514) may be found at 100 Stat. 2834; 26 U.S.C. 7872 note.
---------------------------------------------------------------------------
  (b) \31\ Effective Date.--The amendments made by this section 
shall apply to obligations issued after the date of the 
enactment of this Act.
---------------------------------------------------------------------------
    \31\ 26 U.S.C. 7872 note.
---------------------------------------------------------------------------

       TITLE IV--EDUCATIONAL, CULTURAL, AND SCIENTIFIC ACTIVITIES

SEC. 401.\32\ EDUCATIONAL AND CULTURAL EXCHANGES AND SISTER 
                    INSTITUTIONS PROGRAMS WITH POLAND AND HUNGARY.

  (a) Educational and Cultural Exchanges.--
---------------------------------------------------------------------------
    \32\ 22 U.S.C. 5441.
---------------------------------------------------------------------------
          (1) Support for expanded u.s. participation.--The 
        United States should expand its participation in 
        educational and cultural exchange activities with 
        Poland and Hungary, using the full array of existing 
        government-funded and privately-funded programs, with 
        particular emphasis on the J. William Fulbright 
        Educational Exchange Program, the International 
        Visitors Program, the Samantha Smith Memorial Exchange 
        Program, the exchange programs of the National Academy 
        of Sciences, youth and student exchanges through such 
        private organizations as The Experiment in 
        International Living, The American Field Service 
        Committee, and Youth for Understanding, and research 
        exchanges sponsored by the International Research and 
        Exchanges Board (IREX).
          (2) Emphasis on skills in business and economics.--
        The United States should place particular emphasis on 
        expanding its participation in educational exchange 
        activities that will assist in developing the skills in 
        business and economics that are necessary for the 
        development of a free market economy in Poland and 
        Hungary.
  (b) Binational Fulbright Commissions.--The United States 
should take all appropriate action to establish binational 
Fulbright commissions with Poland and Hungary in order to 
facilitate and enhance academic and scholarly exchanges with 
those countries.
  (c) Reciprocal Cultural Centers.--The President should 
consider the establishment of reciprocal cultural centers in 
Poland and the United States and in Hungary and the United 
States to facilitate government-funded and privately-funded 
cultural exchanges.
  (d) Sister Institutions Programs.--The President shall act to 
encourage the establishment of ``sister institution'' programs 
between American and Polish organizations and between American 
and Hungarian organizations, including such organizations as 
institutions of higher education, cities and towns, and 
organizations in such fields as medicine and health care, 
business management, environmental protection, and agricultural 
research and marketing.
  (e) Authorization of Appropriations.--To enable the United 
States Information Agency to support the activities described 
in this section, there are authorized to be appropriated 
$12,000,000 for the 3-year period beginning October 1, 1989, in 
addition to amounts otherwise available for such purposes.

SEC. 402.\33\ POLAND-HUNGARY SCHOLARSHIP PARTNERSHIP.

  (a) Establishment of Scholarship Program.--The Administrator 
of the Agency for International Development is authorized to 
establish and administer a program of scholarship assistance, 
in cooperation with State governments, universities, community 
colleges, and businesses, to provide scholarships to enable 
students from Poland and Hungary to study in the United States.
---------------------------------------------------------------------------
    \33\ 22 U.S.C. 5442.
---------------------------------------------------------------------------
  (b) Emphasis on Business and Economics.--The scholarship 
program provided for in this section shall emphasize 
scholarships to enable students from Poland and Hungary to 
study business and economics in the United States. Such 
scholarships may be provided for study in programs that range 
from the standard management courses to more specialized 
assistance in commercial banking and the creation of a stock 
market.
  (c) Grants to States.--In carrying out this section, the 
Administrator may make grants to States to provide scholarship 
assistance for undergraduate or graduate degree programs, and 
training programs of one year or longer, in study areas related 
to the critical development needs of Poland and Hungary.
  (d) Consultation With States.--The Administrator shall 
consult with the participating States with regard to the 
educational opportunities available within each State and on 
the assignment of scholarship recipients.
  (e) Federal Share.--The Federal share for each year for which 
a State receives payments under this section shall not be more 
than 50 percent.
  (f) Non-Federal Share.--The non-Federal share of payments 
under this section may be in cash, including the waiver of 
tuition or the offering of in-State tuition or housing waivers 
or subsidies, or in-kind fairly evaluated, including the 
provision of books or supplies.
  (g) Forgiveness of Scholarship Assistance.--The obligation of 
any recipient to reimburse any entity for any or all 
scholarship assistance provided under this section shall be 
forgiven upon the recipient's prompt return to Poland or 
Hungary, as the case may be, for a period which is at least one 
year longer than the period spent studying in the United States 
with scholarship assistance.
  (h) Private Sector Participation.--To the maximum extent 
practicable, each participating State shall enlist the 
assistance of the private sector to enable the State to meet 
the non-Federal share of payments under this section. Wherever 
appropriate, each participating State shall encourage the 
private sector to offer internships or other opportunities 
consistent with the purposes of this section to students 
receiving scholarships under this section.
  (i) Funding.--Grants to States pursuant to this section shall 
be made with funds made available to carry out chapter 1 of 
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 
and following; relating to development assistance) or chapter 4 
of part II of that Act (22 U.S.C. 2346 and following; relating 
to the economic support fund). In addition to amounts otherwise 
available for such purpose under those chapters, there are 
authorized to be appropriated $10,000,000 for the 3-year period 
beginning October 1, 1989, for use in carrying out this 
section.
  (j) Restrictions not Applicable.--Prohibitions on the use of 
foreign assistance funds for assistance for Poland and Hungary 
shall not apply with respect to the funds made available to 
carry out this section.
  (k) Definition of State.--As used in this section, the term 
``State'' means each of the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, American 
Samoa, the Virgin Islands, the Trust Territory of the Pacific 
Islands, and the Commonwealth of the Northern Mariana Islands.

SEC. 403.\34\ SCIENCE AND TECHNOLOGY EXCHANGE WITH POLAND AND HUNGARY.

  (a) Agreement With Poland.--There are authorized to be 
appropriated to the Secretary of State for purposes of 
continuing to implement the 1987 United States-Polish science 
and technology agreement--
---------------------------------------------------------------------------
    \34\ 22 U.S.C. 5443.
---------------------------------------------------------------------------
          (1) $1,500,000 for fiscal year 1990,
          (2) $2,000,000 for fiscal year 1991, and
          (3) $2,000,000 for fiscal year 1992.
  (b) Agreement With Hungary.--There are authorized to be 
appropriated to the Secretary of State for purposes of 
implementing the 1989 United States-Hungarian science and 
technology agreement--
          (1) $500,000 for fiscal year 1990,
          (2) $1,000,000 for fiscal year 1991, and
          (3) $1,000,000 for fiscal year 1992.
  (c) Definition of Agreements Being Funded.--For purposes of 
this section--
          (1) the term ``1987 United States-Polish science and 
        technology agreement'' refers to the agreement 
        concluded in 1987 by the United States and Poland, 
        entitled ``Agreement Between the Government of the 
        United States of America and the Polish People's 
        Republic on Cooperation in Science and Technology and 
        Its Funding'', together with annexes relating thereto; 
        and
          (2) the term ``1989 United States-Hungarian science 
        and technology agreement'' refers to the agreement 
        concluded in 1989 by the United States and Hungary, 
        entitled ``Agreement Between the Government of the 
        United States of America and the Government of the 
        Hungarian People's Republic for Scientific and 
        Technology Cooperation'', together with annexes 
        relating thereto.

                   TITLE V--OTHER ASSISTANCE PROGRAMS

SEC. 501.\35\ ASSISTANCE IN SUPPORT OF DEMOCRATIC INSTITUTIONS IN 
                    POLAND AND HUNGARY.

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

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

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

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

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

               TITLE VI--ADDITIONAL SEED PROGRAM ACTIONS

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

  The President shall designate, within the Department of 
State, a SEED Program coordinator who shall be directly 
responsible for overseeing and coordinating all programs 
described in this Act and all other activities that the United 
States Government conducts in furtherance of the purposes of 
this Act.
---------------------------------------------------------------------------
    \38\ 22 U.S.C. 5461.
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SEC. 602.\39\ SEED INFORMATION CENTER SYSTEM.

  (a) Establishment.--The President shall establish a SEED 
Information Center System, using existing Executive branch 
agencies and acting in cooperation with the Government of 
Poland and the Government of Hungary.
---------------------------------------------------------------------------
    \39\ 22 U.S.C. 5462. Sec. 3 of Executive Order 12703, February 20, 
1990 (55 F.R. 6351), delegated the functions conferred upon the 
President in this section relating to the establishment of a SEED 
information Center System in cooperation with the Governments of Poland 
and Hungary to the Secretary of Commerce, in consultation with the SEED 
Program Coordinator and other agencies.
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  (b) Functions.--
          (1) In general.--The SEED Information Center System 
        shall serve as a central clearinghouse mechanism for 
        information relating to--
                  (A) business needs and opportunities in 
                Eastern Europe, and
                  (B) voluntary assistance to countries in 
                Eastern Europe.
          (2) Private enterprise development.--The SEED 
        Information Center System shall be organized, among 
        other purposes, to encourage--
                  (A) the submission of economically sound 
                proposals to the Polish-American Enterprise 
                Fund and Hungarian-American Enterprise Fund, 
                and
                  (B) other sources of finance for the 
                development of private enterprise in Eastern 
                Europe.
  (c) Location.--The SEED Information Center System shall be 
based jointly in Washington, District of Columbia; Warsaw, 
Poland; and Budapest, Hungary; and should it become 
appropriate, the capitals of other East European countries.

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

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

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

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

                  TITLE VII--REPORTS TO CONGRESS \42\

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

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

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

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

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

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

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

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

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

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

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

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

                  TITLE VIII--MISCELLANEOUS PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

                     part ii--assistance to poland

SEC. 2221.\1\ SHORT TITLE.

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

SEC. 2222. FUNDING FOR SCIENCE AND TECHNOLOGY AGREEMENT.

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

SEC. 2223. DONATION OF SURPLUS AGRICULTURAL COMMODITIES.

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

SEC. 2224. USE OF POLISH CURRENCIES.

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

SEC. 2226. JOINT COMMISSION.

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

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

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

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

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

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

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

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

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

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

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

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

                              short title

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

                       findings and declarations

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

                              definitions

    Sec. 803.\4\ As used in this title--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 4502.
---------------------------------------------------------------------------
          (1) the term ``institution of higher education'' has 
        the same meaning given such term in section 101 \5\ of 
        the Higher Education Act of 1965; and
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    \5\ Sec. 102(a)(7)(A) of the Higher Education Amendments of 1998 
(Public Law 105-244; 112 Stat. 1619) struck out ``1201(a)'', and 
inserted in lieu thereof ``101''.
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          (2) the term ``Advisory Committee'' means the 
        Advisory Committee for Studies of Eastern Europe and 
        the Independent States of the Former Soviet Union \6\ 
        established by section 804(a).
---------------------------------------------------------------------------
    \6\ Sec. 302(4) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2322) struck out ``Soviet-Eastern European Studies Advisory 
Committee'' and inserted in lieu thereof ``Advisory Committee for 
Studies of Eastern Europe and the Independent States of the Former 
Soviet Union''.
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              establishment of the \7\ advisory committee

    Sec. 804.\8\ (a) There is established within the Department 
of State the Advisory Committee for Studies of Eastern Europe 
and the Independent States of the Former Soviet Union \9\ which 
shall be composed of the Secretary of State, the Secretary of 
Defense, the Secretary of Education, the Librarian of Congress, 
the President of the American Association for the Advancement 
of Slavic Studies, and the President of the Association of 
American Universities. The Secretary of State shall be the 
Chairman.\10\
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    \7\ Sec. 302(5(A) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2317) struck out ``soviet-eastern european studies'' from the 
section heading.
    \8\ 22 U.S.C. 4503.
    \9\ Sec. 302(5)(B) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2322) struck out ``Soviet-Eastern European Studies Advisory 
Committee'' and inserted in lieu thereof ``Advisory Committee for 
Studies of Eastern Europe and the Independent States of the Former 
Soviet Union''.
    \10\ The functions of the Chairman conferred upon the Secretary of 
State by this section were delegated to the Director of the Bureau of 
Intelligence and Research, pursuant to State Department Delegation of 
Authority No. 155 (September 21, 1984, 49 F.R. 39002).
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    (b) The Advisory Committee shall meet at the call of the 
Chairman and shall hold at least one meeting each year. Three 
members of the Advisory Committee shall constitute a quorum.
    (c) The Secretary of State may detail personnel of the 
Department of State to provide technical and clerical 
assistance to the Advisory Committee in carrying out its 
functions under this title.
    (d) The Advisory Committee shall recommend grant policies 
for the advancement of the objectives of this title. In 
proposing recipients for grants under this title, the Advisory 
Committee shall give the highest priority to national 
organizations with an interest and expertise in conducting 
research and training concerning the countries of Eastern 
Europe and the independent states of the former Soviet Union 
\11\ and in disseminating the results of such research. In 
making its recommendations, the Advisory Committee shall 
emphasize the development of a stable, long-term research 
program.
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    \11\ Sec. 302(5)(C) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2322) struck out ``Soviet and Eastern European countries'' and 
inserted in lieu thereof ``the countries of Eastern Europe and the 
independent states of the former Soviet Union''.
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                       authority to make payments

    Sec. 805.\12\ (a) The Secretary of State, after 
consultation with the Advisory Committee, shall make payments, 
in accordance with the provisions of this section, out of funds 
made available to carry out this title.\13\
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    \12\ 22 U.S.C. 4504.
    \13\ The functions of making payments conferred upon the Secretary 
of State by this subsec. were delegated to the Director of the Bureau 
of Intelligence and Research, pursuant to State Department Delegation 
of Authority No. 155 (September 21, 1984, 49 F.R. 39002).
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    (b)(1) One part of the payments made in each fiscal year 
shall be used to conduct a national research program at the 
postdoctoral or equivalent level, such program to include--
          (A) the dissemination of information about the 
        research program and the solicitation of proposals for 
        research contracts from American institutions of higher 
        education and not-for-profit corporations, such 
        contracts to contain shared-cost provisions; and
          (B) the awarding of contracts for such research 
        projects as the respective institution determines will 
        best serve to carry out the purposes of this title 
        after reviewing proposals submitted under subparagraph 
        (A).
    (2) One part of the payments made in each fiscal year shall 
be used--
          (A) to establish and carry out a program of graduate, 
        postdoctoral, and teaching fellowships for advanced 
        training in studies on the countries of Eastern Europe 
        and the independent states of the former Soviet Union 
        \14\ and related studies, such program--
---------------------------------------------------------------------------
    \14\ Sec. 302(6(A) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2322) struck out ``Soviet and Eastern European studies'' in 
paras. (2)(A), (2)(B), and (6) in sec. 805(b), and inserted in lieu 
thereof ``studies on the countries of Eastern Europe and the 
independent states of the former Soviet Union''.
---------------------------------------------------------------------------
                  (i) to be coordinated with the research 
                program described in paragraph (1);
                  (ii) to be conducted, on a shared-cost basis, 
                at American institutions of higher education; 
                and
                  (iii) to include--
                          (I) the dissemination of information 
                        on the fellowship program and the 
                        solicitation of applications for 
                        fellowships from qualified institutions 
                        of higher education and qualified 
                        individuals; and
                          (II) the awarding of such fellowships 
                        as the respective institution 
                        determines will best serve to carry out 
                        the purposes of this title after 
                        reviewing applications submitted under 
                        subclause (I); and
          (B) to disseminate research, data, and findings on 
        studies on the countries of Eastern Europe and the 
        independent states of the former Soviet Union \14\ and 
        related fields in such a manner and to such extent as 
        the respective institution determines will best serve 
        to carry out the purposes of this title.
    (3) One part of the payments made in each fiscal year shall 
be used--
          (A) to provide fellowship and research support for 
        American specialists in the independent states of the 
        former Soviet Union and the countries of Eastern Europe 
        and related fields \15\ to conduct advanced research 
        with particular emphasis upon the use of data on those 
        state and countries; \16\ and
---------------------------------------------------------------------------
    \15\ Sec. 302(6)(B) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2322) struck out ``fields of Soviet and Eastern European studies 
and related studies'' in paras. (3)(A) and (3)(B) of sec. 805(b), and 
inserted in lieu thereof ``independent states of the former Soviet 
Union and the countries of Eastern Europe and related fields''.
    \16\ Sec. 302(6(C) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2322) struck out ``the Soviet Union and Eastern European 
countries'' and inserted in lieu thereof ``those states and 
countries''.
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          (B) to conduct seminars, conferences, and other 
        similar workshops designed to facilitate research 
        collaboration between Government and private 
        specialists in the independent states of the former 
        Soviet Union and the countries of Eastern Europe and 
        related fields.\15\
    (4) One part of the payments made in each fiscal year shall 
be used to conduct specialized programs in advanced training 
and research on a reciprocal basis in the independent states of 
the former Soviet Union \17\ and the countries of Eastern 
Europe designed to facilitate access for American specialists 
to research institutes, personnel, archives, documentation, and 
other research and training resources located in those states 
and countries.\18\
---------------------------------------------------------------------------
    \17\ Sec. 302(6)(D)(i) of the FRIENDSHIP Act (Public Law 103-199; 
107 Stat. 2322) struck out ``Union of Soviet Socialist Republics'' the 
first place it appeared in para. (4), and inserted in lieu thereof 
``independent states of the former Soviet Union''.
    \18\ Sec. 302(6)(D)(ii) of the FRIENDSHIP Act (Public Law 103-199; 
107 Stat. 2322) struck out ``the Union of Soviet Socialist Republics 
and Eastern European countries'', and inserted in lieu thereof ``those 
states and countries''.
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    (5) One part of the payments made in each fiscal year shall 
be used to support training in the languages of the independent 
states of the former Soviet Union and the countries of Eastern 
Europe.\19\ Such payments shall include grants to individuals 
to pursue such training and to summer language institutes 
operated by institutions of higher education. Preference shall 
be given for Russian language studies and, as appropriate, 
studies of other languages of the independent states of the 
former Soviet Union.\20\
---------------------------------------------------------------------------
    \19\ Sec. 302(6)(E)(i) of the FRIENDSHIP Act (Public Law 103-199; 
107 Stat. 2322) struck out ``language training in Russian and Eastern 
European languages.'' in the first sentence and inserted in lieu 
thereof ``training in the languages of the independent states of the 
former Soviet Union and the countries of Eastern Europe.''.
    \20\ Sec. 302(6)(E)(ii) of the FRIENDSHIP Act (Public Law 103-199; 
107 Stat. 2322) inserted ``and, as appropriate, studies of other 
languages of the independent states of the former Soviet Union'' in the 
last sentence.
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    (6) Payments may be made to carry out other research and 
training in studies on the countries of Eastern Europe and the 
independent states of the former Soviet Union \14\ not 
otherwise described in this section.

            applications; payments to eligible organizations

    Sec. 806.\21\ (a) Any institution seeking funding under 
this title shall prepare and submit an application to the 
Secretary of State once each fiscal year. Each such application 
shall--
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 4505.
---------------------------------------------------------------------------
          (1) provide a description of the purposes for which 
        the payments will be used in accordance with section 
        805; and
          (2) provide such fiscal control and such accounting 
        procedures as may be necessary (A) to ensure a proper 
        accounting of Federal funds paid under this title, and 
        (B) to ensure the verification of the costs of the 
        continuing education and research programs conducted 
        under this title.
    (b) Payments under this title may be made in installments, 
in advance, or by way of reimbursement, with necessary 
adjustments on account of overpayments and underpayments.

                                 report

    Sec. 807.\22\ The Secretary of State shall prepare and 
submit to the President and the Congress at the end of each 
fiscal year in which an institution receives assistance under 
this title a report of the activities of such institution 
supported by such assistance, if the administrative expenses of 
such institution which are covered by such assistance represent 
more than 10 percent of such assistance, together with such 
recommendations as the Advisory Committee deems advisable.
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 4506.
---------------------------------------------------------------------------

                federal control of education prohibited

    Sec. 808.\23\ Nothing contained in this title may be 
construed to authorize any department, agency, officer, or 
employee of the United States to exercise any direction, 
supervision, or control over the curriculum, program of 
instruction or research, administration, or personnel of any 
educational institution.
---------------------------------------------------------------------------
    \23\ 22 U.S.C. 4507.
---------------------------------------------------------------------------

                          allocation of funds

    Sec. 809.\24\ Of the funds authorized to be appropriated by 
section 102(1) of this Act--\25\
---------------------------------------------------------------------------
    \24\ 22 U.S.C. 4508.
    Sec. 105 of the Foreign Relations Authorization Act, Fiscal Years 
1992 and 1993, (Public Law 102-138; 105 Stat. 654) provided the 
following:
    ``(2) Soviet-east european research and training.--For `Soviet-East 
European Research and Training', $4,784,000 for the fiscal year 1992 
and $5,025,000 for the fiscal year 1993.''.
    Previous years' authorizations were: fiscal year 1986--$4,800,000; 
fiscal year 1987--$5,000,000; fiscal year 1988--$4,600,000; fiscal year 
1989--$5,000,000; fiscal year 1990--$4,600,000; fiscal year 1991--
$5,200,000.
    \25\ Sec. 102(1) authorized funds for ``Administration of foreign 
affairs'' within the Department of State for fiscal years 1984 and 
1985. Authorizations for ``Soviet-East European Research and Training'' 
in following years appeared in State Department Authorization Acts for 
those years.
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          (1) up to $5,000,000 for the fiscal year 1984 shall 
        be available to carry out this title; and
          (2) $5,000,000 for the fiscal year 1985 shall be 
        available only to carry out this title.

                              termination

    Sec. 810.\26\ * * * [Repealed--1991]
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    \26\ Formerly at 22 U.S.C. 4509. Sec. 810 was repealed by sec. 209 
of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 
(Public Law 102-138; 105 Stat. 694). It had provided that ``The 
provisions of this title shall cease to be effective at the end of the 
10-year period beginning on the date of enactment of this title.''.
              (13) Central European Enterprise Development

 Partial text of Small Business Act [Act of July 30, 1953, c. 282, 67 
Stat. 232, amended]; further amended by Public Law 101-515 [Departments 
 of Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1991; H.R. 5021], 104 Stat. 2101, approved November 
     5, 1990; Public Law 103-81 [Small Business Guaranteed Credit 
 Enhancement Act of 1993; S. 1274], 107 Stat. 780, approved August 13, 
    1993; and by Public Law 103-405 [Small Business Administration 
 Reauthorization and Amendments Act of 1994; S. 2060], 108 Stat. 4175, 
                       approved October 22, 1994

          * * * * * * *
    Sec. 25.\1\ (a) There is hereby established a Central 
European Small Business Enterprise Development Commission 
(hereinafter in this section referred to as the 
``Commission''). The Commission shall be comprised of a 
representative of each of the following: the Small Business 
Administration, the Association of American Universities, and 
the Association of Small Business Development Centers.
---------------------------------------------------------------------------
    \1\ 15 U.S.C. 652.
---------------------------------------------------------------------------
  (b) The Commission shall develop in Czechoslovakia, Poland 
and Hungary (hereinafter referred to as ``designated Central 
European countries'') a self-sustaining system to provide 
management and technical assistance to small business owners.
          (1) Not later than 90 days after the effective date 
        of this section, the Commission, in consultation with 
        the Agency for International Development, shall enter a 
        contract with one or more entities to--
                  (A) determine the needs of small businesses 
                in the designated Central European countries 
                for management and technical assistance;
                  (B) evaluate appropriate Small Business 
                Development Center-programs which might be 
                replicated in order to meet the needs of each 
                of such countries; and
                  (C) identify and assess the capability of 
                educational institutions in each such country 
                to develop a Small Business Development Center 
                type program.
          (2) Not later than 18 months after the effective date 
        of this section, the Commission shall review the 
        recommendations submitted to it and shall formulate and 
        contract for the establishment of a three-year 
        management and technical assistance demonstration 
        program.
  (c) In order to be eligible to participate, the educational 
institution in each designated Central European country shall--
          (1) obtain the prior approval of the government to 
        conduct the program;
          (2) agree to provide partial financial support for 
        the program, either directly or indirectly, during the 
        second and third years of the demonstration program; 
        and
          (3) agree to obtain private sector involvement in the 
        delivery of assistance under the program.
  (d) The Commission shall meet and organize not later than 30 
days after the date of enactment of this section.
  (e) Members of the Commission shall serve without pay, except 
they shall be entitled to reimbursement for travel, 
subsistence, and other necessary expenses incurred by them in 
carrying out their functions in the same manner as persons 
employed intermittently in the Federal Government are allowed 
expenses under section 5703 of title 5, United States Code.
  (f) Two Commissioners shall constitute a quorum for the 
transaction of business. Meetings shall be at the call of the 
Chairperson who shall be elected by the Members of the 
Commission.
  (g) The Commission shall not have any authority to appoint 
staff, but upon request of the Chairperson, the head of any 
Federal department or agency may detail, on a reimbursable 
basis, any of the personnel of such department or agency to the 
Commission to assist in carrying out the Commission's functions 
under this section without regard to section 3341 of title 5 of 
the United States Code. The Administrator of the General 
Services Administration shall provide, on a reimbursable basis, 
such administrative support services as the Commission may 
request.
  (h) The Commission shall report to Congress not later than 
December 1, 1991, and annually thereafter, on the progress in 
carrying out the provisions of this section.
  (i) There are hereby authorized to be appropriated to the 
Small Business Administration the sum of $3,000,000 for fiscal 
year 1991, $5,000,000 for fiscal year 1992, $2,000,000 for each 
of fiscal years 1993 and 1994, and $1,000,000 for fiscal year 
1995 \2\ to carry out the provisions of this section. Such sums 
shall be disbursed by the Small Business Administration as 
requested by the Commission and may remain available until 
expended. Any authority to enter contracts or other spending 
authority provided for in this section is subject to amounts 
provided for in advance in appropriations Acts.
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    \2\ Sec. 9(b) of the Small Business Guaranteed Credit Enhancement 
Act of 1993 (Public Law 103-81; 107 Stat. 783) struck ``$8,000,000 for 
fiscal year 1993'' and inserted in lieu thereof ``$2,000,000 for each 
of fiscal years 1993 and 1994''. Subsequently, sec. 405 of the Small 
Business Reauthorization and Amendments Act of 1994 (Public Law 103-
403; 108 Stat. 4192) struck out ``and  $2,000,000  for  each  of  
fiscal  years  1993  and  1994''  and  inserted  in  lieu thereof ``, 
$2,000,000 for each of fiscal years 1993 and 1994, and $1,000,000 for 
fiscal year 1995''.
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          * * * * * * *
        (14) Support for East European Democracy (SEED) Program

Executive Order 12703, February 20, 1990, 55 F.R. 6351, 22 U.S.C. 5401 
  note; as amended by Executive Order 13118, March 31, 1999, 64 F.R. 
                                 16595

    By the authority vested in me as President by the 
Constitution and laws of the United States of America, 
including the Support for East European Democracy (SEED) Act 
(P.L. 101-179, hereinafter referred to as the ``Act'') and 
section 301 of Title 3 of the United States Code, it is hereby 
ordered as follows:
    Section 1. SEED Program Coordinator. The functions 
conferred by Title VII of the Act relating to reports to the 
Congress are hereby delegated to the Coordinator of the SEED 
Program. The Coordinator is authorized to assign responsibility 
for particular aspects of the reports to appropriate agencies.
    Sec. 2.\1\ Department of State. The functions conferred 
upon the President by section 201 of the Act relating to 
Enterprise Funds for Poland and Hungary are hereby delegated 
tot he Secretary of State.
---------------------------------------------------------------------------
    \1\ Sec. 10(2) of Executive Order 13118 (64 F.R. 16598) amended and 
restated sec. 2, which formerly had delegated functions pursuant to 
sec. 201 of the SEED Act to the Administrator of the United States 
Agency for International Development.
---------------------------------------------------------------------------
    Sec. 3. Department of Commerce. The functions conferred 
upon the President by section 602 of the Act regarding the 
establishment of a SEED Information Center System in 
cooperation with the Governments of Poland and Hungary are 
hereby delegated to the Secretary of Commerce. This authority 
is to be exercised in consultation with the SEED Program 
Coordinator and in consultation with other agencies as 
appropriate.
    Sec. 4. Department of the Treasury. The functions conferred 
upon the President by section 104 of the Act regarding debt 
reduction of certain East European countries are hereby 
delegated to the Secretary of the Treasury. The Secretary shall 
consult, as appropriate, with other relevant agencies in 
exercising the functions herein delegated.
(15) Delegation of Functions Under the FREEDOM Support Act and Related 
  Provisions of the Foreign Operations, Export Financing, and Related 
                      Programs Appropriations Act

  Executive Order 12884 of December 1, 1993; 58 F.R. 64099; 22 U.S.C. 
 5812 note; amended by Executive Order 13030 of December 12, 1996, 61 
F.R. 66187; and by Executive Order 13118, March 31, 1999, 64 F.R. 16595

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the FREEDOM Support Act (Public Law 102-511) (the 
``Act''), the Foreign Assistance Act of 1961, as amended (the 
``Foreign Assistance Act''), the Foreign Operations, Export 
Financing and Related Programs Appropriations Act, 1993 (Public 
Law 102-391), and section 301 of title 3, United States Code, 
it is hereby ordered as follows:
    Section 1. Secretary of State. (a) There are delegated to 
the Secretary of State the functions conferred upon the 
President by:
          (1) section 907 of the Act;
          (2) paragraphs (1), (2), (3), and (5) \1\ of section 
        498A(b) of the Foreign Assistance Act;
---------------------------------------------------------------------------
    \1\ Sec. 3 of Executive Order 13030, December 12, 1996 (61 F.R. 
66187), added reference to para. (5).
---------------------------------------------------------------------------
          (3) paragraph (1) of section 498A(C) of the Foreign 
        Assistance Act and the requirement to make reports 
        under that section regarding determinations under that 
        paragraph; and
          (4) section 599B of Public Law 102-391.
    (b) The Secretary of State may at any time exercise any 
function delegated to the Coordinator under this order or 
otherwise assigned to the Coordinator.
    Sec. 2. Coordinator. There are delegated to the Coordinator 
designated in accordance with section 102 of the Act the 
functions conferred upon the President by:
    (a) section 104 of the Act, and the Coordinator is 
authorized to assign responsibility for particular aspects of 
the reports described in that section to the heads of 
appropriate agencies;
    (b) section 301 of the Act, insofar as it relates to 
determinations and directives;
    (c) section 498A(a), section 498B(c), and section 498B(g) 
of the Foreign Assistance Act; and
    (d) paragraph (2) of section 498A(c) of the Foreign 
Assistance Act and the requirement to make reports under that 
section regarding determinations under that paragraph.
    Sec. 3.\2\ Secretary of State--Additional Functions. There 
are delegated to the Secretary of State the functions conferred 
upon the President by:
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    \2\ Sec. 1422(a)(4) of the Foreign Affairs Reform and Restructuring 
Act of 1998 (Public Law 105-277; 112 Stat. 2681-792) stated that sec. 3 
``shall cease to be effective''. Sec. 10(1)(a) of Executive Order 13118 
(64 F.R. 16598), however, subsequently struck out ``International 
Development Cooperation Agency. There are delegated to the United 
States International Development Cooperation the functions conferred 
upon the President by:'' and inserted in lieu thereof ``Secretary of 
State--Additional Functions. There are delegated to the Secretary of 
State the functions conferred upon the President by:''.
---------------------------------------------------------------------------
    (a) sections 301(a) and 307 of the Act, except insofar as 
provided otherwise in section 2(b) of this order;
    (b) section 498 and section 498C(b)(2) of the Foreign 
Assistance Act;
    (c) paragraph (3) of section 498A(c) of the Foreign 
Assistance Act and the requirement to make reports under that 
section regarding determinations under that paragraph;
    (d) subsection (d) under the heading ``Assistance for the 
New Independent States of the Former Soviet Union'' contained 
in Title II of Public Law 102-391; and
    (e) section 592 of Public Law 102-391, except to the extent 
otherwise provided in section 5(b) of this order.
    Sec. 4. Secretary of Agriculture. There are delegated to 
the Secretary of Agriculture the functions conferred upon the 
President by section 807(d) of the Act.
    Sec. 5. Other Agencies. The functions conferred upon the 
President by:
    (a) sections 498B(h) and 498B(i) of the Foreign Assistance 
Act are delegated to the head of the agency that is responsible 
for administering the particular program or activity with 
respect to which the authority is to be exercised; and
    (b) the third proviso in section 592 of Public Law 102-391 
are delegated to the head of each agency that is responsible 
for administering relevant programs or activities.
    Sec. 6. General. (a) The functions described in sections 4 
and 5 \3\ of this order shall be exercised subject to the 
authority of the Coordinator under section 102(a) of the Act or 
otherwise.
---------------------------------------------------------------------------
    \3\ Sec. 10(1)(b) of Executive Order 13118 (64 F.R. 16598) struck 
out ``3, 4, and 5'' and inserted in lieu thereof ``4 and 5''.
---------------------------------------------------------------------------
    (b) As used in this order, the word ``function'' includes 
any duty, obligations, power, authority, responsibility, right, 
privilege, discretion, or activity.
    (c) Functions delegated under this order shall be construed 
as excluded from the functions delegated under section 1-102(a) 
of Executive Order No. 12161, as amended.
    (d) Any officer to whom functions are delegated or 
otherwise assigned under this order may, to the extent 
consistent with law, redelegate such functions and authorize 
their successive redelegation.
                      c. Assistance to Africa \1\

        (1) Zimbabwe Democracy and Economic Recovery Act of 2001

 Public Law 107-99 [S. 494], 115 Stat. 962, approved December 21, 2001

AN ACT To provide for a transition to democracy and to promote economic 
                         recovery in Zimbabwe.

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

SECTION 1.\2\ SHORT TITLE.

    This Act may be cited as the ``Zimbabwe Democracy and 
Economic Recovery Act of 2001''.
---------------------------------------------------------------------------
    \1\ See also the Comprehensive Peace in Sudan Act of 2004 (Public 
Law 108-497) and the Sudan Peace Act (Public Law 107-245), in 
Legislation on Foreign Relations Through 2005, vol. I-A.
    \2\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

SEC. 2. STATEMENT OF POLICY.

    It is the policy of the United States to support the people 
of Zimbabwe in their struggle to effect peaceful, democratic 
change, achieve broad-based and equitable economic growth, and 
restore the rule of law.

SEC. 3. DEFINITIONS.

    In this Act:
          (1) International financial institutions.--The term 
        ``international financial institutions'' means the 
        multilateral development banks and the International 
        Monetary Fund.
          (2) Multilateral development banks.--The term 
        ``multilateral development banks'' means the 
        International Bank for Reconstruction and Development, 
        the International Development Association, the 
        International Finance Corporation, the Inter-American 
        Development Bank, the Asian Development Bank, the 
        Inter-American Investment Corporation, the African 
        Development Bank, the African Development Fund, the 
        European Bank for Reconstruction and Development, and 
        the Multilateral Investment Guaranty Agency.

SEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY.

    (a) Findings.--Congress makes the following findings:
          (1) Through economic mismanagement, undemocratic 
        practices, and the costly deployment of troops to the 
        Democratic Republic of the Congo, the Government of 
        Zimbabwe has rendered itself ineligible to participate 
        in International Bank for Reconstruction and 
        Development and International Monetary Fund programs, 
        which would otherwise be providing substantial 
        resources to assist in the recovery and modernization 
        of Zimbabwe's economy. The people of Zimbabwe have thus 
        been denied the economic and democratic benefits 
        envisioned by the donors to such programs, including 
        the United States.
          (2) In September 1999 the IMF suspended its support 
        under a ``Stand By Arrangement'', approved the previous 
        month, for economic adjustment and reform in Zimbabwe.
          (3) In October 1999, the International Development 
        Association (in this section referred to as the 
        ``IDA'') suspended all structural adjustment loans, 
        credits, and guarantees to the Government of Zimbabwe.
          (4) In May 2000, the IDA suspended all other new 
        lending to the Government of Zimbabwe.
          (5) In September 2000, the IDA suspended disbursement 
        of funds for ongoing projects under previously-approved 
        loans, credits, and guarantees to the Government of 
        Zimbabwe.
    (b) Support for Democratic Transition and Economic 
Recovery.--
          (1) Bilateral debt relief.--Upon receipt by the 
        appropriate congressional committees of a certification 
        described in subsection (d), the Secretary of the 
        Treasury shall undertake a review of the feasibility of 
        restructuring, rescheduling, or eliminating the 
        sovereign debt of Zimbabwe held by any agency of the 
        United States Government.
          (2) Multilateral debt relief and other financial 
        assistance.--It is the sense of Congress that, upon 
        receipt by the appropriate congressional committees of 
        a certification described in subsection (d), the 
        Secretary of the Treasury should--
                  (A) direct the United States executive 
                director of each multilateral development bank 
                to propose that the bank should undertake a 
                review of the feasibility of restructuring, 
                rescheduling, or eliminating the sovereign debt 
                of Zimbabwe held by that bank; and
                  (B) direct the United States executive 
                director of each international financial 
                institution to which the United States is a 
                member to propose to undertake financial and 
                technical support for Zimbabwe, especially 
                support that is intended to promote Zimbabwe's 
                economic recovery and development, the 
                stabilization of the Zimbabwean dollar, and the 
                viability of Zimbabwe's democratic 
                institutions.
    (c) Multilateral Financing Restriction.--Until the 
President makes the certification described in subsection (d), 
and except as may be required to meet basic human needs or for 
good governance, the Secretary of the Treasury shall instruct 
the United States executive director to each international 
financial institution to oppose and vote against--
          (1) any extension by the respective institution of 
        any loan, credit, or guarantee to the Government of 
        Zimbabwe; or
          (2) any cancellation or reduction of indebtedness 
        owed by the Government of Zimbabwe to the United States 
        or any international financial institution.
    (d) Presidential Certification That Certain Conditions Are 
Satisfied.--A certification under this subsection is a 
certification transmitted to the appropriate congressional 
committees of a determination made by the President that the 
following conditions are satisfied:
          (1) Restoration of the rule of law.--The rule of law 
        has been restored in Zimbabwe, including respect for 
        ownership and title to property, freedom of speech and 
        association, and an end to the lawlessness, violence, 
        and intimidation sponsored, condoned, or tolerated by 
        the Government of Zimbabwe, the ruling party, and their 
        supporters or entities.
          (2) Election or pre-election conditions.--Either of 
        the following two conditions is satisfied:
                  (A) Presidential election.--Zimbabwe has held 
                a presidential election that is widely accepted 
                as free and fair by independent international 
                monitors, and the president-elect is free to 
                assume the duties of the office.
                  (B) Pre-election conditions.--In the event 
                the certification is made before the 
                presidential election takes place, the 
                Government of Zimbabwe has sufficiently 
                improved the pre-election environment to a 
                degree consistent with accepted international 
                standards for security and freedom of movement 
                and association.
          (3) Commitment to equitable, legal, and transparent 
        land reform.--The Government of Zimbabwe has 
        demonstrated a commitment to an equitable, legal, and 
        transparent land reform program consistent with 
        agreements reached at the International Donors' 
        Conference on Land Reform and Resettlement in Zimbabwe 
        held in Harare, Zimbabwe, in September 1998.
          (4) Fulfillment of agreement ending war in democratic 
        republic of congo.--The Government of Zimbabwe is 
        making a good faith effort to fulfill the terms of the 
        Lusaka, Zambia, agreement on ending the war in the 
        Democratic Republic of Congo.
          (5) Military and national police subordinate to 
        civilian government.--The Zimbabwean Armed Forces, the 
        National Police of Zimbabwe, and other state security 
        forces are responsible to and serve the elected 
        civilian government.
    (e) Waiver.--The President may waive the provisions of 
subsection (b)(1) or subsection (c), if the President 
determines that it is in the national interest of the United 
States to do so.

SEC. 5. SUPPORT FOR DEMOCRATIC INSTITUTIONS, THE FREE PRESS AND 
                    INDEPENDENT MEDIA, AND THE RULE OF LAW.

    (a) In General.--The President is authorized to provide 
assistance under part I and chapter 4 of part II of the Foreign 
Assistance Act of 1961 to--
          (1) support an independent and free press and 
        electronic media in Zimbabwe;
          (2) support equitable, legal, and transparent 
        mechanisms of land reform in Zimbabwe, including the 
        payment of costs related to the acquisition of land and 
        the resettlement of individuals, consistent with the 
        International Donors' Conference on Land Reform and 
        Resettlement in Zimbabwe held in Harare, Zimbabwe, in 
        September 1998, or any subsequent agreement relating 
        thereto; and
          (3) provide for democracy and governance programs in 
        Zimbabwe.
    (b) Funding.--Of the funds authorized to be appropriated to 
carry out part I and chapter 4 of part II of the Foreign 
Assistance Act of 1961 for fiscal year 2002--
          (1) $20,000,000 is authorized to be available to 
        provide the assistance described in subsection (a)(2); 
        and
          (2) $6,000,000 is authorized to be available to 
        provide the assistance described in subsection (a)(3).
    (c) Supersedes Other Laws.--The authority in this section 
supersedes any other provision of law.

SEC. 6. SENSE OF CONGRESS ON THE ACTIONS TO BE TAKEN AGAINST 
                    INDIVIDUALS RESPONSIBLE FOR VIOLENCE AND THE 
                    BREAKDOWN OF THE RULE OF LAW IN ZIMBABWE.

    It is the sense of Congress that the President should begin 
immediate consultation with the governments of European Union 
member states, Canada, and other appropriate foreign countries 
on ways in which to--
          (1) identify and share information regarding 
        individuals responsible for the deliberate breakdown of 
        the rule of law, politically motivated violence, and 
        intimidation in Zimbabwe;
          (2) identify assets of those individuals held outside 
        Zimbabwe;
          (3) implement travel and economic sanctions against 
        those individuals and their associates and families; 
        and
          (4) provide for the eventual removal or amendment of 
        those sanctions.
                 (2) African Growth and Opportunity Act

Partial text of Public Law 106-200 [Trade and Development Act of 2000; 
            H.R. 4283], 114 Stat. 251, approved May 18, 2000

 AN ACT To authorize a new trade and investment policy for sub-Saharan 
Africa, expand trade benefits to the countries in the Caribbean Basin, 
renew the generalized system of preferences, and reauthorize the trade 
                    adjustment assistance programs.

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

   TITLE I--EXTENSION OF CERTAIN TRADE BENEFITS TO SUB-SAHARAN AFRICA

            Subtitle A--Trade Policy for Sub-Saharan Africa

SEC. 101.\1\ SHORT TITLE.

    This title may be cited as the ``African Growth and 
Opportunity Act''.
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    \1\ 19 U.S.C. 3701 note.
---------------------------------------------------------------------------

SEC. 102.\2\ FINDINGS.

    Congress finds that--
---------------------------------------------------------------------------
    \2\ 19 U.S.C. 3701.
---------------------------------------------------------------------------
          (1) it is in the mutual interest of the United States 
        and the countries of sub-Saharan Africa to promote 
        stable and sustainable economic growth and development 
        in sub-Saharan Africa;
          (2) the 48 countries of sub-Saharan Africa form a 
        region richly endowed with both natural and human 
        resources;
          (3) sub-Saharan Africa represents a region of 
        enormous economic potential and of enduring political 
        significance to the United States;
          (4) the region has experienced the strengthening of 
        democracy as countries in sub-Saharan Africa have taken 
        steps to encourage broader participation in the 
        political process;
          (5) certain countries in sub-Saharan Africa have 
        increased their economic growth rates, taken 
        significant steps towards liberalizing their economies, 
        and made progress toward regional economic integration 
        that can have positive benefits for the region;
          (6) despite those gains, the per capita income in 
        sub-Saharan Africa averages approximately $500 
        annually;
          (7) trade and investment, as the American experience 
        has shown, can represent powerful tools both for 
        economic development and for encouraging broader 
        participation in a political process in which political 
        freedom can flourish;
          (8) increased trade and investment flows have the 
        greatest impact in an economic environment in which 
        trading partners eliminate barriers to trade and 
        capital flows and encourage the development of a 
        vibrant private sector that offers individual African 
        citizens the freedom to expand their economic 
        opportunities and provide for their families;
          (9) offering the countries of sub-Saharan Africa 
        enhanced trade preferences will encourage both higher 
        levels of trade and direct investment in support of the 
        positive economic and political developments under way 
        throughout the region; and
          (10) encouraging the reciprocal reduction of trade 
        and investment barriers in Africa will enhance the 
        benefits of trade and investment for the region as well 
        as enhance commercial and political ties between the 
        United States and sub-Saharan Africa.

SEC. 103.\3\ STATEMENT OF POLICY.

    Congress supports--
---------------------------------------------------------------------------
    \3\ 19 U.S.C. 3702.
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          (1) encouraging increased trade and investment 
        between the United States and sub-Saharan Africa;
          (2) reducing tariff and nontariff barriers and other 
        obstacles to sub-Saharan African and United States 
        trade;
          (3) expanding United States assistance to sub-Saharan 
        Africa's regional integration efforts;
          (4) negotiating reciprocal and mutually beneficial 
        trade agreements, including the possibility of 
        establishing free trade areas that serve the interests 
        of both the United States and the countries of sub-
        Saharan Africa;
          (5) focusing on countries committed to the rule of 
        law, economic reform, and the eradication of poverty;
          (6) strengthening and expanding the private sector in 
        sub-Saharan Africa, especially enterprises owned by 
        women and small businesses;
          (7) facilitating the development of civil societies 
        and political freedom in sub-Saharan Africa;
          (8) establishing a United States-Sub-Saharan Africa 
        Trade and Economic Cooperation Forum; and
          (9) the accession of the countries in sub-Saharan 
        Africa to the Organization for Economic Cooperation and 
        Development (OECD) Convention on Combating Bribery of 
        Foreign Public Officials in International Business 
        Transactions.

SEC. 104.\4\ ELIGIBILITY REQUIREMENTS.

    (a) In General.--The President is authorized to designate a 
sub-Saharan African country as an eligible sub-Saharan African 
country if the President determines that the country--
---------------------------------------------------------------------------
    \4\ 19 U.S.C. 3703.
---------------------------------------------------------------------------
          (1) has established, or is making continual progress 
        toward establishing--
                  (A) a market-based economy that protects 
                private property rights, incorporates an open 
                rules-based trading system, and minimizes 
                government interference in the economy through 
                measures such as price controls, subsidies, and 
                government ownership of economic assets;
                  (B) the rule of law, political pluralism, and 
                the right to due process, a fair trial, and 
                equal protection under the law;
                  (C) the elimination of barriers to United 
                States trade and investment, including by--
                          (i) the provision of national 
                        treatment and measures to create an 
                        environment conducive to domestic and 
                        foreign investment;
                          (ii) the protection of intellectual 
                        property; and
                          (iii) the resolution of bilateral 
                        trade and investment disputes;
                  (D) economic policies to reduce poverty, 
                increase the availability of health care and 
                educational opportunities, expand physical 
                infrastructure, promote the development of 
                private enterprise, and encourage the formation 
                of capital markets through micro-credit or 
                other programs;
                  (E) a system to combat corruption and 
                bribery, such as signing and implementing the 
                Convention on Combating Bribery of Foreign 
                Public Officials in International Business 
                Transactions; and
                  (F) protection of internationally recognized 
                worker rights, including the right of 
                association, the right to organize and bargain 
                collectively, a prohibition on the use of any 
                form of forced or compulsory labor, a minimum 
                age for the employment of children, and 
                acceptable conditions of work with respect to 
                minimum wages, hours of work, and occupational 
                safety and health;
          (2) does not engage in activities that undermine 
        United States national security or foreign policy 
        interests; and
          (3) does not engage in gross violations of 
        internationally recognized human rights or provide 
        support for acts of international terrorism and 
        cooperates in international efforts to eliminate human 
        rights violations and terrorist activities.
    (b) Continuing Compliance.--If the President determines 
that an eligible sub-Saharan African country is not making 
continual progress in meeting the requirements described in 
subsection (a)(1), the President shall terminate the 
designation of the country made pursuant to subsection (a).

SEC. 105.\5\ UNITED STATES-SUB-SAHARAN AFRICA TRADE AND ECONOMIC 
                    COOPERATION FORUM.

    (a) Declaration of Policy.--The President shall convene 
annual high-level meetings between appropriate officials of the 
United States Government and officials of the governments of 
sub-Saharan African countries in order to foster close economic 
ties between the United States and sub-Saharan Africa.
---------------------------------------------------------------------------
    \5\ 19 U.S.C. 3704.
---------------------------------------------------------------------------
    (b) Establishment.--Not later than 12 months after the date 
of the enactment of this Act, the President, after consulting 
with Congress and the governments concerned, shall establish a 
United States-Sub-Saharan Africa Trade and Economic Cooperation 
Forum (in this section referred to as the ``Forum'').
    (c) Requirements.--In creating the Forum, the President 
shall meet the following requirements:
          (1) The President shall direct the Secretary of 
        Commerce, the Secretary of the Treasury, the Secretary 
        of State, and the United States Trade Representative to 
        host the first annual meeting with their counterparts 
        from the governments of sub-Saharan African countries 
        eligible under section 104, and those sub-Saharan 
        African countries that the President determines are 
        taking substantial positive steps towards meeting the 
        eligibility requirements in section 104. The purpose of 
        the meeting shall be to discuss expanding trade and 
        investment relations between the United States and sub-
        Saharan Africa and the implementation of this title 
        including encouraging joint ventures between small and 
        large businesses. The President shall also direct the 
        Secretaries and the United States Trade Representative 
        to invite to the meeting representatives from 
        appropriate sub-Saharan African regional organizations 
        and government officials from other appropriate 
        countries in sub-Saharan Africa.
          (2)(A) The President, in consultation with the 
        Congress, shall encourage United States nongovernmental 
        organizations to host annual meetings with 
        nongovernmental organizations from sub-Saharan Africa 
        in conjunction with the annual meetings of the Forum 
        for the purpose of discussing the issues described in 
        paragraph (1).
          (B) The President, in consultation with the Congress, 
        shall encourage United States representatives of the 
        private sector to host annual meetings with 
        representatives of the private sector from sub-Saharan 
        Africa in conjunction with the annual meetings of the 
        Forum for the purpose of discussing the issues 
        described in paragraph (1).
          (3) The President shall, to the extent practicable, 
        meet with the heads of governments of sub-Saharan 
        African countries eligible under section 104, and those 
        sub-Saharan African countries that the President 
        determines are taking substantial positive steps toward 
        meeting the eligibility requirements in section 104, 
        not less than once every 2 years for the purpose of 
        discussing the issues described in paragraph (1). The 
        first such meeting should take place not later than 12 
        months after the date of the enactment of this Act.
    (d) Dissemination of Information by USIS.--In order to 
assist in carrying out the purposes of the Forum, the United 
States Information Service shall disseminate regularly, through 
multiple media, economic information in support of the free 
market economic reforms described in this title.
    (e) HIV/AIDS Effect on the sub-Saharan African Workforce.--
In selecting issues of common interest to the United States-
Sub-Saharan Africa Trade and Economic Cooperation Forum, the 
President shall instruct the United States delegates to the 
Forum to promote a review by the Forum of the HIV/AIDS epidemic 
in each sub-Saharan African country and the effect of the HIV/
AIDS epidemic on economic development in each country.

SEC. 106.\6\ REPORTING REQUIREMENT.

    The President shall submit to the Congress, not later than 
1 year after the date of the enactment of this Act, and 
annually thereafter through 2008, a comprehensive report on the 
trade and investment policy of the United States for sub-
Saharan Africa, and on the implementation of this title and the 
amendments made by this title.
---------------------------------------------------------------------------
    \6\ 19 U.S.C. 3705.
---------------------------------------------------------------------------

SEC. 107.\7\ SUB-SAHARAN AFRICA DEFINED.

    For purposes of this title, the terms ``sub-Saharan 
Africa'', ``sub-Saharan African country'', ``country in sub-
Saharan Africa'', and ``countries in sub-Saharan Africa'' refer 
to the following or any successor political entities:
---------------------------------------------------------------------------
    \7\ 19 U.S.C. 3706.
---------------------------------------------------------------------------
          Republic of Angola (Angola).
          Republic of Benin (Benin).
          Republic of Botswana (Botswana).
          Burkina Faso (Burkina).
          Republic of Burundi (Burundi).
          Republic of Cameroon (Cameroon).
          Republic of Cape Verde (Cape Verde).
          Central African Republic.
          Republic of Chad (Chad).
          Federal Islamic Republic of the Comoros (Comoros).
          Democratic Republic of Congo.
          Republic of the Congo (Congo).
          Republic of Cote d'Ivoire (Cote d'Ivoire).
          Republic of Djibouti (Djibouti).
          Republic of Equatorial Guinea (Equatorial Guinea).
          State of Eritrea (Eritrea).
          Ethiopia.
          Gabonese Republic (Gabon).
          Republic of the Gambia (Gambia).
          Republic of Ghana (Ghana).
          Republic of Guinea (Guinea).
          Republic of Guinea-Bissau (Guinea-Bissau).
          Republic of Kenya (Kenya).
          Kingdom of Lesotho (Lesotho).
          Republic of Liberia (Liberia).
          Republic of Madagascar (Madagascar).
          Republic of Malawi (Malawi).
          Republic of Mali (Mali).
          Islamic Republic of Mauritania (Mauritania).
          Republic of Mauritius (Mauritius).
          Republic of Mozambique (Mozambique).
          Republic of Namibia (Namibia).
          Republic of Niger (Niger).
          Federal Republic of Nigeria (Nigeria).
          Republic of Rwanda (Rwanda).
          Democratic Republic of Sao Tome and Principe (Sao 
        Tome and Principe).
          Republic of Senegal (Senegal).
          Republic of Seychelles (Seychelles).
          Republic of Sierra Leone (Sierra Leone).
          Somalia.
          Republic of South Africa (South Africa).
          Republic of Sudan (Sudan).
          Kingdom of Swaziland (Swaziland).
          United Republic of Tanzania (Tanzania).
          Republic of Togo (Togo).
          Republic of Uganda (Uganda).
          Republic of Zambia (Zambia).
          Republic of Zimbabwe (Zimbabwe).

                     Subtitle B--Trade Benefits \8\
---------------------------------------------------------------------------

    \8\ Subtitle B, pertaining to trade, may be found in Legislation on 
Foreign Relations Through 2005, vol. III.
---------------------------------------------------------------------------
          * * * * * * *

            Subtitle C--Economic Development Related Issues

SEC. 121.\9\ SENSE OF THE CONGRESS REGARDING COMPREHENSIVE DEBT RELIEF 
                    FOR THE WORLD'S POOREST COUNTRIES.

    (a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \9\ 19 U.S.C. 3731.
---------------------------------------------------------------------------
          (1) The burden of external debt has become a major 
        impediment to economic growth and poverty reduction in 
        many of the world's poorest countries.
          (2) Until recently, the United States Government and 
        other official creditors sought to address this problem 
        by rescheduling loans and in some cases providing 
        limited debt reduction.
          (3) Despite such efforts, the cumulative debt of many 
        of the world's poorest countries continued to grow 
        beyond their capacity to repay.
          (4) In 1997, the Group of Seven, the World Bank, and 
        the International Monetary Fund adopted the Heavily 
        Indebted Poor Countries Initiative (HIPC), a commitment 
        by the international community that all multilateral 
        and bilateral creditors, acting in a coordinated and 
        concerted fashion, would reduce poor country debt to a 
        sustainable level.
          (5) The HIPC Initiative is currently undergoing 
        reforms to address concerns raised about country 
        conditionality, the amount of debt forgiven, and the 
        allocation of savings realized through the debt 
        forgiveness program to ensure that the Initiative 
        accomplishes the goals of economic growth and poverty 
        alleviation in the world's poorest countries.
    (b) Sense of the Congress.--It is the sense of the Congress 
that--
          (1) Congress and the President should work together, 
        without undue delay and in concert with the 
        international community, to make comprehensive debt 
        relief available to the world's poorest countries in a 
        manner that promotes economic growth and poverty 
        alleviation;
          (2) this program of bilateral and multilateral debt 
        relief should be designed to strengthen and expand the 
        private sector, encourage increased trade and 
        investment, support the development of free markets, 
        and promote broad-scale economic growth in beneficiary 
        countries;
          (3) this program of debt relief should also support 
        the adoption of policies to alleviate poverty and to 
        ensure that benefits are shared widely among the 
        population, such as through initiatives to advance 
        education, improve health, combat AIDS, and promote 
        clean water and environmental protection;
          (4) these debt relief agreements should be designed 
        and implemented in a transparent manner and with the 
        broad participation of the citizenry of the debtor 
        country and should ensure that country circumstances 
        are adequately taken into account;
          (5) no country should receive the benefits of debt 
        relief if that country does not cooperate with the 
        United States on terrorism or narcotics enforcement, is 
        a gross violator of the human rights of its citizens, 
        or is engaged in conflict or spends excessively on its 
        military; and
          (6) in order to prevent adverse impact on a key 
        industry in many developing countries, the 
        International Monetary Fund must mobilize its own 
        resources for providing debt relief to eligible 
        countries without allowing gold to reach the open 
        market, or otherwise adversely affecting the market 
        price of gold.

SEC. 122.\10\ EXECUTIVE BRANCH INITIATIVES.

    (a) Statement of the Congress.--The Congress recognizes 
that the stated policy of the executive branch in 1997, the 
``Partnership for Growth and Opportunity in Africa'' 
initiative, is a step toward the establishment of a 
comprehensive trade and development policy for sub-Saharan 
Africa. It is the sense of the Congress that this Partnership 
is a companion to the policy goals set forth in this title.
---------------------------------------------------------------------------
    \10\ 19 U.S.C. 3732.
---------------------------------------------------------------------------
    (b) Technical Assistance To Promote Economic Reforms and 
Development.--In addition to continuing bilateral and 
multilateral economic and development assistance, the President 
shall target technical assistance toward--
          (1) developing relationships between United States 
        firms and firms in sub-Saharan Africa through a variety 
        of business associations and networks;
          (2) providing assistance to the governments of sub-
        Saharan African countries to--
                  (A) liberalize trade and promote exports;
                  (B) bring their legal regimes into compliance 
                with the standards of the World Trade 
                Organization in conjunction with membership in 
                that Organization;
                  (C) make financial and fiscal reforms; and
                  (D) promote greater agribusiness linkages;
          (3) addressing such critical agricultural policy 
        issues as market liberalization, agricultural export 
        development, and agribusiness investment in processing 
        and transporting agricultural commodities;
          (4) increasing the number of reverse trade missions 
        to growth-oriented countries in sub-Saharan Africa;
          (5) increasing trade in services; and
          (6) encouraging greater sub-Saharan African 
        participation in future negotiations in the World Trade 
        Organization on services and making further commitments 
        in their schedules to the General Agreement on Trade in 
        Services in order to encourage the removal of tariff 
        and nontariff barriers.

SEC. 123.\11\ OVERSEAS PRIVATE INVESTMENT CORPORATION INITIATIVES.

    (a) Initiation of Funds.--It is the sense of the Congress 
that the Overseas Private Investment Corporation should 
exercise the authorities it has to initiate an equity fund or 
equity funds in support of projects in the countries in sub-
Saharan Africa, in addition to the existing equity fund for 
sub-Saharan Africa created by the Corporation.
---------------------------------------------------------------------------
    \11\ 19 U.S.C. 3733.
---------------------------------------------------------------------------
    (b) Structure and Types of Funds.--
          (1) Structure.--Each fund initiated under subsection 
        (a) should be structured as a partnership managed by 
        professional private sector fund managers and monitored 
        on a continuing basis by the Corporation.
          (2) Capitalization.--Each fund should be capitalized 
        with a combination of private equity capital, which is 
        not guaranteed by the Corporation, and debt for which 
        the Corporation provides guaranties.
          (3) Infrastructure fund.--One or more of the funds, 
        with combined assets of up to $500,000,000, should be 
        used in support of infrastructure projects in countries 
        of sub-Saharan Africa.
          (4) Emphasis.--The Corporation shall ensure that the 
        funds are used to provide support in particular to 
        women entrepreneurs and to innovative investments that 
        expand opportunities for women and maximize employment 
        opportunities for poor individuals.
    (c) Overseas Private Investment Corporation.--
          (1) Investment advisory council.--Section 233 of the 
        Foreign Assistance Act of 1961 is amended by adding at 
        the end the following: \12\
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    \12\ See Legislation on Foreign Relations Through 2005, vol. I-A.
---------------------------------------------------------------------------
    ``(e) Investment Advisory Council.--The Board shall take 
prompt measures to increase the loan, guarantee, and insurance 
programs, and financial commitments, of the Corporation in sub-
Saharan Africa, including through the use of an investment 
advisory council to assist the Board in developing and 
implementing policies, programs, and financial instruments with 
respect to sub-Saharan Africa. In addition, the investment 
advisory council shall make recommendations to the Board on how 
the Corporation can facilitate greater support by the United 
States for trade and investment with and in sub-Saharan Africa. 
The investment advisory council shall terminate 4 years after 
the date of the enactment of this subsection.''.
          (2) Reports to congress.--Within 6 months after the 
        date of the enactment of this Act, and annually for 
        each of the 4 years thereafter, the Board of Directors 
        of the Overseas Private Investment Corporation shall 
        submit to Congress a report on the steps that the Board 
        has taken to implement section 233(e) of the Foreign 
        Assistance Act of 1961 (as added by paragraph (1)) and 
        any recommendations of the investment advisory council 
        established pursuant to such section.

SEC. 124.\13\ EXPORT-IMPORT BANK INITIATIVES.

    (a) Sense of the Congress.--It is the sense of the Congress 
that the Board of Directors of the Bank shall continue to take 
comprehensive measures, consistent with the credit standards 
otherwise required by law, to promote the expansion of the 
Bank's financial commitments in sub-Saharan Africa under the 
loan, guarantee and insurance programs of the Bank.
---------------------------------------------------------------------------
    \13\ 19 U.S.C. 3734.
---------------------------------------------------------------------------
    (b) Sub-Saharan Africa Advisory Committee.--The sub-Saharan 
Africa Advisory Committee (SAAC) is to be commended for aiding 
the Bank in advancing the economic partnership between the 
United States and the nations of sub-Saharan Africa by doubling 
the number of sub-Saharan African countries in which the Bank 
is open for traditional financing and by increasing by tenfold 
the Bank's support for sales to sub-Saharan Africa from fiscal 
year 1998 to fiscal year 1999. The Board of Directors of the 
Bank and its staff shall continue to review carefully the sub-
Saharan Africa Advisory Committee recommendations on the 
development and implementation of new and innovative policies 
and programs designed to promote the Bank's expansion in sub-
Saharan Africa.

SEC. 125.\14\ EXPANSION OF THE UNITED STATES AND FOREIGN COMMERCIAL 
                    SERVICE IN SUB-SAHARAN AFRICA.

    (a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
    \14\ 19 U.S.C. 3735.
---------------------------------------------------------------------------
          (1) The United States and Foreign Commercial Service 
        (hereafter in this section referred to as the 
        ``Commercial Service'') plays an important role in 
        helping United States businesses identify export 
        opportunities and develop reliable sources of 
        information on commercial prospects in foreign 
        countries.
          (2) During the 1980s, the presence of the Commercial 
        Service in sub-Saharan Africa consisted of 14 
        professionals providing services in eight countries. By 
        early 1997, that presence had been reduced by half to 
        seven professionals in only four countries.
          (3) Since 1997, the Department of Commerce has slowly 
        begun to increase the presence of the Commercial 
        Service in sub-Saharan Africa, adding five full-time 
        officers to established posts.
          (4) Although the Commercial Service Officers in these 
        countries have regional responsibilities, this kind of 
        coverage does not adequately service the needs of 
        United States businesses attempting to do business in 
        sub-Saharan Africa.
          (5) The Congress has, on several occasions, 
        encouraged the Commercial Service to focus its 
        resources and efforts in countries or regions in Europe 
        or Asia to promote greater United States export 
        activity in those markets, and similar encouragement 
        should be provided for countries in sub-Saharan Africa 
        as well.
          (6) Because market information is not widely 
        available in many sub-Saharan African countries, the 
        presence of additional Commercial Service Officers and 
        resources can play a significant role in assisting 
        United States businesses in markets in those countries.
    (b) Appointments.--Subject to the availability of 
appropriations, by not later than December 31, 2001, the 
Secretary of Commerce, acting through the Assistant Secretary 
of Commerce and Director General of the United States and 
Foreign Commercial Service, shall take steps to ensure that--
          (1) at least 20 full-time Commercial Service 
        employees are stationed in sub-Saharan Africa; and
          (2) full-time Commercial Service employees are 
        stationed in not less than 10 different sub-Saharan 
        African countries.
    (c) Initiative for Sub-Saharan Africa.--In order to 
encourage the export of United States goods and services to 
sub-Saharan African countries, the International Trade 
Administration shall make a special effort to--
          (1) identify United States goods and services which 
        are the best prospects for export by United States 
        companies to sub-Saharan Africa;
          (2) identify, where appropriate, tariff and nontariff 
        barriers that are preventing or hindering sales of 
        United States goods and services to, or the operation 
        of United States companies in, sub-Saharan Africa;
          (3) hold discussions with appropriate authorities in 
        sub-Saharan Africa on the matters described in 
        paragraphs (1) and (2) with a view to securing 
        increased market access for United States exporters of 
        goods and services;
          (4) identify current resource allocations and 
        personnel levels in sub-Saharan Africa for the 
        Commercial Service and consider plans for the 
        deployment of additional resources or personnel to that 
        region; and
          (5) make available to the public, through printed and 
        electronic means of communication, the information 
        derived pursuant to paragraphs (1) through (4) for each 
        of the 4 years after the date of the enactment of this 
        Act.

SEC. 126.\15\ DONATION OF AIR TRAFFIC CONTROL EQUIPMENT TO ELIGIBLE 
                    SUB-SAHARAN AFRICAN COUNTRIES.

    It is the sense of the Congress that, to the extent 
appropriate, the United States Government should make every 
effort to donate to governments of sub-Saharan African 
countries determined to be eligible under section 104 air 
traffic control equipment that is no longer in use, including 
appropriate related reimbursable technical assistance.
---------------------------------------------------------------------------
    \15\ 19 U.S.C. 3736.
---------------------------------------------------------------------------

SEC. 127.\16\ ADDITIONAL AUTHORITIES AND INCREASED FLEXIBILITY TO 
                    PROVIDE ASSISTANCE UNDER THE DEVELOPMENT FUND FOR 
                    AFRICA.

    (a) Use of Sustainable Development Assistance To Support 
Further Economic Growth.--It is the sense of the Congress that 
sustained economic growth in sub-Saharan Africa depends in 
large measure upon the development of a receptive environment 
for trade and investment, and that to achieve this objective 
the United States Agency for International Development should 
continue to support programs which help to create this 
environment. Investments in human resources, development, and 
implementation of free market policies, including policies to 
liberalize agricultural markets and improve food security, and 
the support for the rule of law and democratic governance 
should continue to be encouraged and enhanced on a bilateral 
and regional basis.
---------------------------------------------------------------------------
    \16\ 19 U.S.C. 3737.
---------------------------------------------------------------------------
    (b) Declarations of Policy.--The Congress makes the 
following declarations:
          (1) The Development Fund for Africa established under 
        chapter 10 of part I of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2293 et seq.) has been an effective 
        tool in providing development assistance to sub-Saharan 
        Africa since 1988.
          (2) The Development Fund for Africa will complement 
        the other provisions of this title and lay a foundation 
        for increased trade and investment opportunities 
        between the United States and sub-Saharan Africa.
          (3) Assistance provided through the Development Fund 
        for Africa will continue to support programs and 
        activities that promote the long term economic 
        development of sub-Saharan Africa, such as programs and 
        activities relating to the following:
                  (A) Strengthening primary and vocational 
                education systems, especially the acquisition 
                of middle-level technical skills for operating 
                modern private businesses and the introduction 
                of college level business education, including 
                the study of international business, finance, 
                and stock exchanges.
                  (B) Strengthening health care systems.
                  (C) Supporting democratization, good 
                governance and civil society and conflict 
                resolution efforts.
                  (D) Increasing food security by promoting the 
                expansion of agricultural and agriculture-based 
                industrial production and productivity and 
                increasing real incomes for poor individuals.
                  (E) Promoting an enabling environment for 
                private sector-led growth through sustained 
                economic reform, privatization programs, and 
                market-led economic activities.
                  (F) Promoting decentralization and local 
                participation in the development process, 
                especially linking the rural production sectors 
                and the industrial and market centers 
                throughout Africa.
                  (G) Increasing the technical and managerial 
                capacity of sub-Saharan African individuals to 
                manage the economy of sub-Saharan Africa.
                  (H) Ensuring sustainable economic growth 
                through environmental protection.
          (4) The African Development Foundation has a unique 
        congressional mandate to empower the poor to 
        participate fully in development and to increase 
        opportunities for gainful employment, poverty 
        alleviation, and more equitable income distribution in 
        sub-Saharan Africa. The African Development Foundation 
        has worked successfully to enhance the role of women as 
        agents of change, strengthen the informal sector with 
        an emphasis on supporting micro and small sized 
        enterprises, indigenous technologies, and mobilizing 
        local financing. The African Development Foundation 
        should develop and implement strategies for promoting 
        participation in the socioeconomic development process 
        of grassroots and informal sector groups such as 
        nongovernmental organizations, cooperatives, artisans, 
        and traders into the programs and initiatives 
        established under this title.
    (c) Additional Authorities.--
          (1) In general.--Section 496(h) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2293(h)) is amended--
        \17\
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    \17\ For text, see Legislation on Foreign Relations Through 2005, 
vol. I-A.
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                  (A) by redesignating paragraph (3) as 
                paragraph (4); and
                  (B) by inserting after paragraph (2) the 
                following:
          ``(3) Democratization and conflict resolution 
        capabilities.--Assistance under this section may also 
        include program assistance--
                  ``(A) to promote democratization, good 
                governance, and strong civil societies in sub-
                Saharan Africa; and
                  ``(B) to strengthen conflict resolution 
                capabilities of governmental, 
                intergovernmental, and nongovernmental entities 
                in sub-Saharan Africa.''.
          (2) Conforming amendment.--Section 496(h)(4) of such 
        Act, as amended by paragraph (1), is further amended by 
        striking ``paragraphs (1) and (2)'' in the first 
        sentence and inserting ``paragraphs (1), (2), and 
        (3)''.

SEC. 128.\18\ ASSISTANCE FROM UNITED STATES PRIVATE SECTOR TO PREVENT 
                    AND REDUCE HIV/AIDS IN SUB-SAHARAN AFRICA.

    It is the sense of the Congress that United States 
businesses should be encouraged to provide assistance to sub-
Saharan African countries to prevent and reduce the incidence 
of HIV/AIDS in sub-Saharan Africa. In providing such 
assistance, United States businesses should be encouraged to 
consider the establishment of an HIV/AIDS Response Fund in 
order to provide for coordination among such businesses in the 
collection and distribution of the assistance to sub-Saharan 
African countries.
---------------------------------------------------------------------------
    \18\ 19 U.S.C. 3738.
---------------------------------------------------------------------------

SEC. 129.\19\ SENSE OF THE CONGRESS RELATING TO HIV/AIDS CRISIS IN SUB-
                    SAHARAN AFRICA.

    (a) Findings.--The Congress finds the following:
---------------------------------------------------------------------------
    \19\ 19 U.S.C. 3739.
---------------------------------------------------------------------------
          (1) Sustained economic development in sub-Saharan 
        Africa depends in large measure upon successful trade 
        with and foreign assistance to the countries of sub-
        Saharan Africa.
          (2) The HIV/AIDS crisis has reached epidemic 
        proportions in sub-Saharan Africa, where more than 
        21,000,000 men, women, and children are infected with 
        HIV.
          (3) Eighty-three percent of the estimated 11,700,000 
        deaths from HIV/AIDS worldwide have been in sub-Saharan 
        Africa.
          (4) The HIV/AIDS crisis in sub-Saharan Africa is 
        weakening the structure of families and societies.
          (5)(A) The HIV/AIDS crisis threatens the future of 
        the workforce in sub-Saharan Africa.
          (B) Studies show that HIV/AIDS in sub-Saharan Africa 
        most severely affects individuals between the ages of 
        15 and 49--the age group that provides the most support 
        for the economies of sub-Saharan African countries.
          (6) Clear evidence demonstrates that HIV/AIDS is 
        destructive to the economies of sub-Saharan African 
        countries.
          (7) Sustained economic development is critical to 
        creating the public and private sector resources in 
        sub-Saharan Africa necessary to fight the HIV/AIDS 
        epidemic.
    (b) Sense of the Congress.--It is the sense of the Congress 
that--
          (1) addressing the HIV/AIDS crisis in sub-Saharan 
        Africa should be a central component of United States 
        foreign policy with respect to sub-Saharan Africa;
          (2) significant progress needs to be made in 
        preventing and treating HIV/AIDS in sub-Saharan Africa 
        in order to sustain a mutually beneficial trade 
        relationship between the United States and sub-Saharan 
        African countries; and
          (3) the HIV/AIDS crisis in sub-Saharan Africa is a 
        global threat that merits further attention through 
        greatly expanded public, private, and joint public-
        private efforts, and through appropriate United States 
        legislation.

SEC. 130.\20\ STUDY ON IMPROVING AFRICAN AGRICULTURAL PRACTICES.

    (a) In general.--The Secretary of Agriculture, in 
consultation with American Land Grant Colleges and Universities 
and not-for-profit international organizations, is authorized 
to conduct a 2-year study on ways to improve the flow of 
American farming techniques and practices to African farmers. 
The study shall include an examination of ways of improving or 
utilizing--
---------------------------------------------------------------------------
    \20\ 19 U.S.C. 3740.
---------------------------------------------------------------------------
          (1) knowledge of insect and sanitation procedures;
          (2) modern farming and soil conservation techniques;
          (3) modern farming equipment (including maintaining 
        the equipment);
          (4) marketing crop yields to prospective purchasers; 
        and
          (5) crop maximization practices.
The Secretary of Agriculture shall submit the study to the 
Committee on Agriculture, Nutrition, and Forestry of the Senate 
and the Committee on Agriculture of the House of 
Representatives not later than September 30, 2001.
    (b) Land Grant Colleges and Not-for-Profit Institutions.--
In conducting the study under subsection (a), the Secretary of 
Agriculture is encouraged to consult with American Land Grant 
Colleges and not-for-profit international organizations that 
have firsthand knowledge of current African farming practices.

SEC. 131.\21\ SENSE OF THE CONGRESS REGARDING EFFORTS TO COMBAT 
                    DESERTIFICATION IN AFRICA AND OTHER COUNTRIES.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \21\ 19 U.S.C. 3741.
---------------------------------------------------------------------------
          (1) desertification affects approximately one-sixth 
        of the world's population and one-quarter of the total 
        land area;
          (2) over 1,000,000 hectares of Africa are affected by 
        desertification;
          (3) dryland degradation is an underlying cause of 
        recurrent famine in Africa;
          (4) the United Nations Environment Programme 
        estimates that desertification costs the world 
        $42,000,000,000 a year, not including incalculable 
        costs in human suffering; and
          (5) the United States can strengthen its partnerships 
        throughout Africa and other countries affected by 
        desertification, help alleviate social and economic 
        crises caused by misuse of natural resources, and 
        reduce dependence on foreign aid, by taking a leading 
        role to combat desertification.
    (b) Sense of the Congress.--It is the sense of the Congress 
that the United States should expeditiously work with the 
international community, particularly Africa and other 
countries affected by desertification, to--
          (1) strengthen international cooperation to combat 
        desertification;
          (2) promote the development of national and regional 
        strategies to address desertification and increase 
        public awareness of this serious problem and its 
        effects;
          (3) develop and implement national action programs 
        that identify the causes of desertification and 
        measures to address it; and
          (4) recognize the essential role of local governments 
        and nongovernmental organizations in developing and 
        implementing measures to address desertification.
          * * * * * * * \22\
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    \22\ The remaining titles of this Act, relating to trade, may be 
found in Legislation on Foreign Relations Through 2005, vol. III.
                     (3) Africa: Seeds of Hope Act

    Partial text of Public Law 105-385 [H.R. 4283], 112 Stat. 3460, 
                       approved November 13, 1998

 AN ACT To support sustainable and broad-based agricultural and rural 
       development in sub-Saharan Africa, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) \1\ Short Title.--This Act may be cited as the 
``Africa: Seeds of Hope Act of 1998''.
---------------------------------------------------------------------------
    \1\ 7 U.S.C. 1691 note.
---------------------------------------------------------------------------
    (b) Table of Contents.--The table of contents is as 
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and declaration of policy.

               TITLE I--ASSISTANCE FOR SUB-SAHARAN AFRICA

Sec. 101. Africa Food Security Initiative.
Sec. 102. Microenterprise assistance.
Sec. 103. Support for producer-owned cooperative marketing associations.
Sec. 104. Agricultural and rural development activities of the Overseas 
          Private Investment Corporation.
Sec. 105. Agricultural research and extension activities.

      TITLE II--WORLDWIDE FOOD ASSISTANCE AND AGRICULTURAL PROGRAMS

            Subtitle A--Nonemergency Food Assistance Programs

Sec. 201. Nonemergency food assistance programs.

         Subtitle B--Bill Emerson Humanitarian Trust Act of 1998

Sec. 211. Short title.
Sec. 212. Bill Emerson Humanitarian Trust Act.

                   TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Report.

SEC. 2.\2\ FINDINGS AND DECLARATION OF POLICY.

    (a) Findings.--Congress finds the following:
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2293 note.
---------------------------------------------------------------------------
          (1) The economic, security, and humanitarian 
        interests of the United States and the nations of sub-
        Saharan Africa would be enhanced by sustainable, broad-
        based agricultural and rural development in each of the 
        African nations.
          (2) According to the Food and Agriculture 
        Organization, the number of undernourished people in 
        Africa has more than doubled, from approximately 
        100,000,000 in the late 1960s to 215,000,000 in 1998, 
        and is projected to increase to 265,000,000 by the year 
        2010. According to the Food and Agriculture 
        Organization, the term ``under nutrition'' means 
        inadequate consumption of nutrients, often adversely 
        affecting children's physical and mental development, 
        undermining their future as productive and creative 
        members of their communities.
          (3) Currently, agricultural production in Africa 
        employs about two-thirds of the workforce but produces 
        less than one-fourth of the gross domestic product in 
        sub-Saharan Africa, according to the World Bank Group.
          (4) African women produce up to 80 percent of the 
        total food supply in Africa according to the 
        International Food Policy Research Institute.
          (5) An effective way to improve conditions of the 
        poor is to increase the productivity of the 
        agricultural sector. Productivity increases can be 
        fostered by increasing research and education in 
        agriculture and rural development.
          (6) In November 1996, the World Food Summit set a 
        goal of reducing hunger worldwide by 50 percent by the 
        year 2015 and encouraged national governments to 
        develop domestic food plans and to support 
        international aid efforts.
          (7) Although the World Bank Group recently has 
        launched a major initiative to support agricultural and 
        rural development, only 10 percent, or $1,200,000,000, 
        of its total lending to sub-Saharan Africa for fiscal 
        years 1993 to 1997 was devoted to agriculture.
          (8)(A) United States food processing and agricultural 
        sectors benefit greatly from the liberalization of 
        global trade and increased exports.
          (B) Africa represents a growing market for United 
        States food and agricultural products. Africa's food 
        imports are projected to rise from less than 8,000,000 
        metric tons in 1990 to more than 25,000,000 metric tons 
        by the 2020.
          (9)(A) Increased private sector investment in African 
        countries and expanded trade between the United States 
        and Africa can greatly help African countries achieve 
        food self-sufficiency and graduate from dependency on 
        international assistance.
          (B) Development assistance, technical assistance, and 
        training can facilitate and encourage commercial 
        development in Africa, such as improving rural roads, 
        agricultural research and extension, and providing 
        access to credit and other resources.
          (10)(A) Several United States private voluntary 
        organizations have demonstrated success in empowering 
        Africans through direct business ownership and helping 
        African agricultural producers more efficiently and 
        directly market their products.
          (B) Rural business associations, owned and controlled 
        by farmer shareholders, also greatly help agricultural 
        producers to increase their household incomes.
    (b) Declaration of Policy.--It is the policy of the United 
States, consistent with title XII of part I of the Foreign 
Assistance Act of 1961, to support governments of sub-Saharan 
African countries, United States and African nongovernmental 
organizations, universities, businesses, and international 
agencies, to help ensure the availability of basic nutrition 
and economic opportunities for individuals in sub-Saharan 
Africa, through sustainable agriculture and rural development.

               TITLE I--ASSISTANCE FOR SUB-SAHARAN AFRICA

SEC. 101.\2\ AFRICA FOOD SECURITY INITIATIVE.

    (a) Additional Requirements in Carrying Out the 
Initiative.--In providing development assistance under the 
Africa Food Security Initiative, or any comparable or successor 
program, the Administrator of the United States Agency for 
International Development--
          (1) shall emphasize programs and projects that 
        improve the food security of infants, young children, 
        school-age children, women and food-insecure 
        households, or that improve the agricultural 
        productivity, incomes, and marketing of the rural poor 
        in Africa;
          (2) shall solicit and take into consideration the 
        views and needs of intended beneficiaries and program 
        participants during the selection, planning, 
        implementation, and evaluation phases of projects;
          (3) shall favor countries that are implementing 
        reforms of their trade and investment laws and 
        regulations in order to enhance free market development 
        in the food processing and agricultural sectors; and
          (4) shall ensure that programs are designed and 
        conducted in cooperation with African and United States 
        organizations and institutions, such as private and 
        voluntary organizations, cooperatives, land-grant and 
        other appropriate universities, and local producer-
        owned cooperative marketing and buying associations, 
        that have expertise in addressing the needs of the 
        poor, small-scale farmers, entrepreneurs, and rural 
        workers, including women.
    (b) Sense of the Congress.--It is the sense of the Congress 
that, if there is an increase in funding for sub-Saharan 
programs, the Administrator of the United States Agency for 
International Development should proportionately increase 
resources to the Africa Food Security Initiative, or any 
comparable or successor program, for fiscal year 2000 and 
subsequent fiscal years in order to meet the needs of the 
countries participating in such Initiative.

SEC. 102.\2\ MICROENTERPRISE ASSISTANCE.

    (a) Bilateral Assistance.--In providing microenterprise 
assistance for sub-Saharan Africa, the Administrator of the 
United States Agency for International Development shall, to 
the extent practicable, use credit and microcredit assistance 
to improve the capacity and efficiency of agriculture 
production in sub-Saharan Africa of small-scale farmers and 
small rural entrepreneurs. In providing assistance, the 
Administrator should use the applied research and technical 
assistance capabilities of United States land-grant 
universities.
    (b) Multilateral Assistance.--
          (1) In general.--The Administrator of the United 
        States Agency for International Development shall 
        continue to work with other countries, international 
        organizations (including multilateral development 
        institutions), and entities assisting microenterprises 
        and shall develop a comprehensive and coordinated 
        strategy for providing microenterprise assistance for 
        sub-Saharan Africa.
          (2) Additional requirement.--In carrying out 
        paragraph (1), the Administrator should encourage the 
        World Bank Consultative Group to Assist the Poorest to 
        coordinate the strategy described in such paragraph.

SEC. 103.\2\ SUPPORT FOR PRODUCER-OWNED COOPERATIVE MARKETING 
                    ASSOCIATIONS.

    (a) Purposes.--The purposes of this section are--
          (1) to support producer-owned cooperative purchasing 
        and marketing associations in sub-Saharan Africa;
          (2) to strengthen the capacity of farmers in sub-
        Saharan Africa to participate in national and 
        international private markets and to promote rural 
        development in sub-Saharan Africa;
          (3) to encourage the efforts of farmers in sub-
        Saharan Africa to increase their productivity and 
        income through improved access to farm supplies, 
        seasonal credit, technical expertise; and
          (4) to support small businesses in sub-Saharan Africa 
        as they grow beyond microenterprises.
    (b) Support for Producer-Owned Cooperative Marketing 
Associations.--
          (1) Activities.--
                  (A) In general.--The Administrator of the 
                United States Agency for International 
                Development is authorized to utilize relevant 
                foreign assistance programs and initiatives for 
                sub-Saharan Africa to support private producer-
                owned cooperative marketing associations in 
                sub-Saharan Africa, including rural business 
                associations that are owned and controlled by 
                farmer shareholders.
                  (B) Additional requirements.--In carrying out 
                subparagraph (A), the Administrator--
                          (i) shall take into account small-
                        scale farmers, small rural 
                        entrepreneurs, and rural workers and 
                        communities; and
                          (ii) shall take into account the 
                        local-level perspectives of the rural 
                        and urban poor through close 
                        consultation with these groups, 
                        consistent with section 496(e)(1) of 
                        the Foreign Assistance Act of 1961 (22 
                        U.S.C. 2293(e)(1)).
          (2) Other activities.--In addition to carrying out 
        paragraph (1), the Administrator is encouraged--
                  (A) to cooperate with governments of foreign 
                countries, including governments of political 
                subdivisions of such countries, their 
                agricultural research universities, and 
                particularly with United States nongovernmental 
                organizations and United States land-grant 
                universities, that have demonstrated expertise 
                in the development and promotion of successful 
                private producer-owned cooperative marketing 
                associations; and
                  (B) to facilitate partnerships between United 
                States and African cooperatives and private 
                businesses to enhance the capacity and 
                technical and marketing expertise of business 
                associations in sub-Saharan Africa.

SEC. 104.\2\ AGRICULTURAL AND RURAL DEVELOPMENT ACTIVITIES OF THE 
                    OVERSEAS PRIVATE INVESTMENT CORPORATION.

    (a) Purpose.--The purpose of this section is to encourage 
the Overseas Private Investment Corporation to work with United 
States businesses and other United States entities to invest in 
rural sub-Saharan Africa, particularly in ways that will 
develop the capacities of small-scale farmers and small rural 
entrepreneurs, including women, in sub-Saharan Africa.
    (b) Sense of the Congress.--It is the sense of the Congress 
that--
          (1) the Overseas Private Investment Corporation 
        should exercise its authority under law to undertake an 
        initiative to support private agricultural and rural 
        development in sub-Saharan Africa, including issuing 
        loans, guaranties, and insurance, to support rural 
        development in sub-Saharan Africa, particularly to 
        support intermediary organizations that--
                  (A) directly serve the needs of small-scale 
                farmers, small rural entrepreneurs, and rural 
                producer-owned cooperative purchasing and 
                marketing associations;
                  (B) have a clear track-record of support for 
                sound business management practices; and
                  (C) have demonstrated experience with 
                participatory development methods; and
          (2) the Overseas Private Investment Corporation 
        should utilize existing equity funds, loan and 
        insurance funds, to the extent feasible and in 
        accordance with existing contractual obligations, to 
        support agriculture and rural development in sub-
        Saharan Africa.

SEC. 105.\2\ AGRICULTURAL RESEARCH AND EXTENSION ACTIVITIES.

    (a) Development of Plan.--The Administrator of the United 
States Agency for International Development, in consultation 
with the Secretary of Agriculture and appropriate Department of 
Agriculture agencies, especially the Cooperative State, 
Research, Education and Extension Service (CSREES), shall 
develop a comprehensive plan to coordinate and build on the 
research and extension activities of United States land-grant 
universities, international agricultural research centers, and 
national agricultural research and extension centers in sub-
Saharan Africa.
    (b) Additional Requirements.--Such plan shall seek to 
ensure that--
          (1) research and extension activities will respond to 
        the needs of small-scale farmers while developing the 
        potential and skills of researchers, extension agents, 
        farmers, and agribusiness persons in sub-Saharan 
        Africa;
          (2) sustainable agricultural methods of farming will 
        be considered together with new technologies in 
        increasing agricultural productivity in sub-Saharan 
        Africa; and
          (3) research and extension efforts will focus on 
        sustainable agricultural practices and will be adapted 
        to widely varying climates within sub-Saharan Africa.

     TITLE II--WORLDWIDE FOOD ASSISTANCE AND AGRICULTURAL PROGRAMS

           Subtitle A--Nonemergency Food Assistance Programs

SEC. 201.\3\ NONEMERGENCY FOOD ASSISTANCE PROGRAMS.

    (a) In General.--In providing nonemergency assistance under 
title II of the Agricultural Trade Development and Assistance 
Act of 1954 (7 U.S.C. 1721 et seq.), the Administrator of the 
United States Agency for International Development shall ensure 
that--
---------------------------------------------------------------------------
    \3\ 7 U.S.C. 1721 note.
---------------------------------------------------------------------------
          (1) in planning, decisionmaking, and implementation 
        in providing such assistance, the Administrator takes 
        into consideration local input and participation 
        directly and through United States and indigenous 
        private and voluntary organizations;
          (2) each of the nonemergency activities described in 
        paragraphs (2) through (6) of section 201 of such Act 
        (7 U.S.C. 1721), including programs that provide 
        assistance to people of any age group who are otherwise 
        unable to meet their basic food needs (including 
        feeding programs for the disabled, orphaned, elderly, 
        sick and dying), are carried out; and
          (3) greater flexibility is provided for program and 
        evaluation plans so that such assistance may be 
        developed to meet local needs, as provided for in 
        section 202(f) of such Act (7 U.S.C. 1722(f)).
    (b) Other Requirements.--In providing assistance under the 
Agriculture Trade Development and Assistance Act of 1954, the 
Secretary of Agriculture and the Administrator of United States 
Agency for International Development shall ensure that 
commodities are provided in a manner that is consistent with 
sections 403(a) and (b) of such Act (7 U.S.C. 1733(a) and (b)).

      Subtitle B--Bill Emerson Humanitarian Trust Act of 1998 \4\

SEC. 211.\5\ SHORT TITLE.

    This subtitle may be cited as the ``Bill Emerson 
Humanitarian Trust Act of 1998''.
---------------------------------------------------------------------------
    \4\ Subtitle B, other than sec. 211, consists entirely of 
amendments to the Agricultural Act of 1980, and technical amendments to 
the Agricultural Trade Suspension Adjustment Act of 1980 and the 
Merchant Marine Act, 1936.
    \5\ 7 U.S.C. 1691 note.
---------------------------------------------------------------------------
          * * * * * * *

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. REPORT.

    Not later than 6 months after the date of the enactment of 
this Act, the Administrator of the United States Agency for 
International Development, in consultation with the heads of 
other appropriate agencies, shall prepare and submit to 
Congress a report on how the Agency plans to implement sections 
101, 102, 103, 105, and 201 of this Act, the steps that have 
been taken toward such implementation, and an estimate of all 
amounts expended or to be expended on related activities during 
the current and previous 4 fiscal years.
              (4) Prohibition on Assistance to Mauritania

 Partial text of Public Law 104-319 [Human Rights, Refugee, and Other 
Foreign Relations Provisions Act of 1996; H.R. 4036], 110 Stat. 3864 at 
                    3866, approved October 19, 1996

   AN ACT Making certain provisions with respect to internationally 
       recognized human rights, refugees, and foreign relations.

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

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Human Rights, Refugee, and 
Other Foreign Relations Provisions Act of 1996''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note. For foreign relations provisions of Public 
Law 104-319, see Legislation on Foreign Relations Through 2005, vol. 
II.
---------------------------------------------------------------------------
          * * * * * * *
---------------------------------------------------------------------------
    \2\ Sec. 201 amended the Foreign Assistance Act of 1961 at sec. 
116(d) (22 U.S.C. 2151n(d)) and at sec. 502B(b) (22 U.S.C. 2304(b)). 
See Legislation on Foreign Relations Through 2005, vol. I-A.
---------------------------------------------------------------------------

                TITLE II--FOREIGN ASSISTANCE PROVISIONS

SEC. 201.\2\ HUMAN RIGHTS REPORTS. * * *

SEC. 202.\3\ ASSISTANCE FOR MAURITANIA.

    (a) Prohibition.--The President should not provide economic 
assistance, military assistance or arms transfers to the 
Government of Mauritania unless the President certifies to the 
Congress that such Government has taken appropriate action to 
eliminate chattel slavery in Mauritania, including--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
          (1) the enactment of anti-slavery laws that provide 
        appropriate punishment for violators of such laws; and
          (2) the rigorous enforcement of such laws.
    (b) Definitions.--For purposes of this section, the 
following definitions apply:
          (1) Economic assistance.--The term ``economic 
        assistance'' means any assistance under part I of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
        seq.), except that such term does not include 
        humanitarian assistance.
          (2) Military assistance or arms transfers.--The term 
        ``military assistance or arms transfers'' means--
                  (A) assistance under chapter 2 of part II of 
                the Foreign Assistance Act of 1961 (22 U.S.C. 
                2311 et seq.; relating to military assistance), 
                including the transfer of excess defense 
                articles under sections 516 through 519 of that 
                Act (22 U.S.C. 2321j through 2321m);
                  (B) assistance under chapter 5 of part II of 
                the Foreign Assistance Act of 1961 (22 U.S.C. 
                2347 et seq.; relating to international 
                military education and training);
                  (C) assistance under the ``Foreign Military 
                Financing Program'' under section 23 of the 
                Arms Export Control Act (22 U.S.C. 2763); or
                  (D) the transfer of defense articles, defense 
                services, or design and construction services 
                under the Arms Export Control Act (22 U.S.C. 
                2751 et seq.), including defense articles and 
                defense services licensed or approved for 
                export under section 38 of that Act (22 U.S.C. 
                2778).
          * * * * * * *
                  (5) African Conflict Resolution Act

Public Law 103-381 [S. 2475], 108 Stat. 3513, approved October 19, 1995

 AN ACT To authorize assistance to promote the peaceful resolution of 
                          conflicts in Africa.

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

SECTION. 1.\1\ SHORT TITLE.

    This Act may be cited as the ``African Conflict Resolution 
Act''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

SEC. 2.\1\ FINDINGS AND STATEMENT OF POLICY.

    (a) Findings.--The Congress makes the following findings:
          (1) It is in the national interest of the United 
        States to help build African capability in conflict 
        resolution. A relatively small investment of assistance 
        in promoting African conflict resolution--
                  (A) would reduce the enormous human suffering 
                which is caused by wars in Africa;
                  (B) would help the United States avoid huge 
                future expenditures necessitated by Somalia-
                like humanitarian disasters; and
                  (C) would reduce the need for United Nations 
                intervention as African institutions develop 
                the ability to resolve African conflicts.
          (2) Africa, to a greater extent than any other 
        continent, is afflicted by war. Africa has been marred 
        by more than 20 major civil wars since 1960. Rwanda, 
        Somalia, Angola, Sudan, Liberia, and Burundi are among 
        those countries that have recently suffered serious 
        armed conflict.
          (3) In the last decade alone, between 2,000,000 and 
        4,000,000 Africans have died because of war. There were 
        5,200,000 refugees and 13,100,000 displaced people in 
        Africa in 1993.
          (4) Millions more Africans are currently at risk of 
        war-related death. Looming or ongoing conflicts in 
        Zaire, Angola, Sudan, Rwanda, and other countries 
        threaten Africa's future.
          (5) War has caused untold economic and social damage 
        to the countries of Africa. Food production is 
        impossible in conflict areas, and famine often results. 
        Widespread conflict has condemned many of Africa's 
        children to lives of misery and, in certain cases, has 
        threatened the existence of traditional African 
        cultures.
          (6) Conflict and instability in Africa, particularly 
        in large, potentially rich countries such as Angola, 
        Sudan, and Zaire, deprive the global economy of 
        resources and opportunities for trade and investment. 
        Peace in these countries could make a significant 
        contribution to global economic growth, while creating 
        new opportunities for United States businesses.
          (7) Excessive military expenditures threaten 
        political and economic stability in Africa while 
        diverting scarce resources from development needs. 
        Demobilization and other measures to reduce the size of 
        African armies, and civilian control of the military 
        under the rule of law are in the interest of 
        international security and economic development.
          (8) Conflict prevention, mediation, and 
        demobilization are prerequisites to the success of 
        development assistance programs. Nutrition and 
        education programs, for example, cannot succeed in a 
        nation at war. Billions of dollars of development 
        assistance have been virtually wasted in war-ravaged 
        countries such as Liberia, Somalia, and Sudan.
          (9) Africans have a long tradition of informal 
        mediation. This tradition should be built upon to 
        create effective institutions through which Africans 
        can resolve African conflicts.
          (10) The effectiveness of U.S. support for conflict 
        resolution programs requires coordination and 
        collaboration with multilateral institutions and other 
        bilateral donors.
          (11) African institutions are playing an active role 
        in conflict resolution and mediation utilizing the 
        experience of elder statesmen. Groups such as the All 
        African Council of Churches have assisted in defusing 
        conflicts. The Economic Community of West African 
        States (ECOWAS) has sought to address the conflict in 
        Liberia by deploying an African peacekeeping force. The 
        Southern African states have been working to prevent a 
        crisis in Lesotho. The Intergovernmental Authority on 
        Desertification and Drought (IGADD) has been engaged in 
        attempting to resolve the conflict in Sudan.
          (12) The Organization of African Unity, under the 
        leadership of Secretary General Salim Salim, has 
        established a conflict resolution mechanism and has 
        been active in mediation and conflict resolution in 
        several African countries.
    (b) United States Policy.--The Congress declares, 
therefore, that a key goal for United States foreign policy 
should be to help institutionalize conflict resolution 
capability in Africa.

SEC. 3.\1\ IMPROVING THE CONFLICT RESOLUTION CAPABILITIES OF THE 
                    ORGANIZATION OF AFRICAN UNITY.

    (a) Authorization of Assistance.--The President is 
authorized to provide assistance to strengthen the conflict 
resolution capability of the Organization of African Unity, as 
follows:
          (1) Funds may be provided to the Organization of 
        African Unity for use in supporting its conflict 
        resolution capability, including providing technical 
        assistance.
          (2) Funds may be used for expenses of sending 
        individuals with expertise in conflict resolution to 
        work with the Organization of African Unity.
    (b) Funding.--Of the foreign assistance funds that are 
allocated for sub-Saharan Africa, not less than $1,500,000 for 
each of the fiscal years 1995 through 1998 should be used to 
carry out subsection (a).

SEC. 4.\1\ IMPROVING CONFLICT RESOLUTION CAPABILITIES OF MULTILATERAL 
                    SUBREGIONAL ORGANIZATIONS IN AFRICA.

    (a) Authorization of Assistance.--The President is 
authorized to provide assistance to strengthen the conflict 
resolution capabilities of subregional organizations 
established by countries in sub-Saharan Africa, as follows:
          (1) Funds may be provided to such organizations for 
        use in supporting their conflict resolution capability, 
        including providing technical assistance.
          (2) Funds may be used for the expenses of sending 
        individuals with expertise in conflict resolution to 
        work with such organizations.
    (b) Funding.--Of the foreign assistance funds that are 
allocated for sub-Saharan Africa, such sums as may be necessary 
for each of the fiscal years 1995 through 1998 may be used to 
carry out subsection (a).

SEC. 5.\1\ IMPROVING CONFLICT RESOLUTION CAPABILITIES OF NON-
                    GOVERNMENTAL ORGANIZATIONS.

    (a) Authorization of Assistance.--The President is 
authorized to provide assistance to nongovernmental 
organizations that are engaged in mediation and reconciliation 
efforts in sub-Saharan Africa.
    (b) Funding.--Of the foreign assistance funds that are 
allocated for sub-Saharan Africa, such sums as may be necessary 
for each of the fiscal years 1995 and 1996 should be used to 
carry out subsection (a).

SEC. 6.\1\ AFRICAN DEMOBILIZATION AND RETRAINING PROGRAM.

    (a) Authorization of Assistance.--In order to facilitate 
reductions in the size of the armed forces of countries of sub-
Saharan Africa, the President is authorized to--
          (1) provide assistance for the encampment and related 
        activities for the purpose of demobilization of such 
        forces; and
          (2) provide assistance for the reintegration of 
        demobilized military personnel into civilian society 
        through activities such as retraining for civilian 
        occupations, creation of income-generating 
        opportunities, their reintegration into agricultural 
        activities, and the transportation to the home areas of 
        such personnel.
    (b) Funding.--Of the foreign assistance funds that are 
allocated for sub-Saharan Africa, $25,000,000 for each of the 
fiscal years 1995 and 1996 should be used for the assistance 
described in subsection (a), if conditions permit.
    (c) Civilian Involvement.--The President is also authorized 
to promote civilian involvement in the planning and 
organization of demobilization and reintegration activities.

SEC. 7.\1\ TRAINING FOR AFRICANS IN CONFLICT RESOLUTION AND 
                    PEACEKEEPING.

    (a) Authorization.--The President is authorized to 
establish a program to provide education and training in 
conflict resolution and peacekeeping for civilian and military 
personnel of countries in sub-Saharan Africa.
    (b) Funding.--Of the funds made available under chapter 5 
of part II of the Foreign Assistance Act of 1961, such sums as 
may be necessary for each of the fiscal years 1995 and 1996 
should be used for the purposes of subsection (a).

SEC. 8.\1\,}\2\ PLAN FOR UNITED STATES SUPPORT FOR CONFLICT 
                    RESOLUTION AND DEMOBILIZATION IN SUB-SAHARAN 
                    AFRICA.

    (a) In General.--Pursuant to the provisions of sections 3 
through 7, the President should develop an integrated long-term 
plan, which incorporates local perspectives, to provide support 
for the enhancement of conflict resolution capabilities and 
demobilization activities in sub-Saharan Africa.
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    \2\ Authorities vested in the President in secs. 8 and 9 were 
delegated to the Administrator of the Agency for International 
Development, in a Presidential memorandum of June 6, 1995 (60 F.R. 
30771).
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    (b) Contents of Plan.--Such plan should include:
          (1) The type, purpose, amount, and duration of 
        assistance that is planned to be provided to conflict 
        resolution units in sub-Saharan Africa.
          (2) The type and amount of assistance that is planned 
        to be provided for the demobilization of military 
        personnel of countries of sub-Saharan Africa, 
        including--
                  (A) a list of which countries will receive 
                such assistance and an explanation of why such 
                countries were chosen for such assistance; and
                  (B) a list of other countries and 
                international organizations that are providing 
                assistance for such demobilization.
          (3) The type and amount of assistance that is planned 
        to be provided to nongovernmental organizations that 
        are engaged in mediation and reconciliation efforts in 
        sub-Saharan Africa.
          (4) A description of proposed training programs for 
        Africans in conflict resolution and peacekeeping under 
        section 7, including a list of prospective participants 
        and plans to expand such programs.
          (5) The mechanisms to be used to coordinate 
        interagency efforts to administer the plan.
          (6) Efforts to seek the participation of other 
        countries and international organizations to achieve 
        the objectives of the plan.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the President shall submit to the 
appropriate congressional committees a report containing a 
description of the plan developed under this section.

SEC. 9.\1\,}\2\ REPORTING REQUIREMENT.

    (a) Requirement.--The President shall submit to the 
appropriate congressional committees a report describing the 
efforts and progress made in carrying out the provisions of 
this Act.
    (b) Date of Submission.--The first report submitted under 
subsection (a) shall be submitted no later than 180 days after 
the date of the enactment of this Act, and shall be submitted 
annually thereafter.

SEC. 10.\1\ CONSULTATION REQUIREMENT.

    The President shall consult with the appropriate 
congressional committees prior to providing assistance under 
sections 3 through 7.

SEC. 11.\1\ APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    For purposes of this Act, the term ``appropriate 
congressional committees'' means the Committee on Foreign 
Affairs \3\ and the Committee on Appropriations of the House of 
Representatives and the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate.
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    \3\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
      (6) South African Democratic Transition Support Act of 1993

 Public Law 103-149 [H.R. 3225], 107 Stat. 1503, approved November 23, 
                                  1993

   AN ACT To support the transition to nonracial democracy in South 
                                Africa.

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

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``South African Democratic 
Transition Support Act of 1993''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 5001 note.
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SEC. 2.\1\ FINDINGS.

    The Congress makes the following findings:
          (1) After decades of apartheid, South Africa has 
        entered a new era which presents a historic opportunity 
        for a transition to a peaceful, stable, and democratic 
        future.
          (2) The United States policy of economic sanctions 
        toward the apartheid government of South Africa, as 
        expressed in the Comprehensive Anti-Apartheid Act of 
        1986, helped bring about reforms in that system of 
        government and has facilitated the establishment of a 
        nonracial government.
          (3) Through broad and open negotiations, the parties 
        in South Africa have reached a landmark agreement on 
        the future of their country. This agreement includes 
        the establishment of a Transitional Executive Council 
        and the setting of a date for nonracial elections.
          (4) The international community has a vital interest 
        in supporting the transition from apartheid toward 
        nonracial democracy.
          (5) The success of the transition in South Africa is 
        crucial to the stability and economic development of 
        the southern African region.
          (6) Nelson Mandela of the African National Congress 
        and other representative leaders in South Africa have 
        declared that the time has come when the international 
        community should lift all economic sanctions against 
        South Africa.
          (7) In light of recent developments, the continuation 
        of these economic sanctions is detrimental to persons 
        disadvantaged by apartheid.
          (8) Those calling for the lifting of economic 
        sanctions against South Africa have made clear that 
        they do not seek the immediate termination of the 
        United Nations-sponsored special sanctions relating to 
        arms transfers, nuclear cooperation, and exports of 
        oil. The Ad Hoc Committee on Southern Africa of the 
        Organization of African Unity, for example, has urged 
        that the oil embargo established pursuant to a 1986 
        General Assembly resolution be lifted after the 
        establishment and commencement of the work of the 
        Transitional Executive Council.

SEC. 3.\1\ UNITED STATES POLICY.

    It is the sense of the Congress that--
          (1) the United States should--
                  (A) strongly support the Transitional 
                Executive Council in South Africa,
                  (B) encourage rapid progress toward the 
                establishment of a nonracial democratic 
                government in South Africa, and
                  (C) support a consolidation of democracy in 
                South Africa through democratic elections for 
                an interim government and a new nonracial 
                constitution;
          (2) the United States should continue to provide 
        assistance to support the transition to a nonracial 
        democracy in South Africa, and should urge 
        international financial institutions and other donors 
        to also provide such assistance;
          (3) to the maximum extent practicable, the United 
        States should consult closely with international 
        financial institutions, other donors, and South African 
        entities on a coordinated strategy to support the 
        transition to a nonracial democracy in South Africa;
          (4) in order to provide ownership and managerial 
        opportunities, professional advancement, training, and 
        employment for disadvantaged South Africans and to 
        respond to the historical inequities created under 
        apartheid, the United States should--
                  (A) promote the expansion of private 
                enterprise and free markets in South Africa,
                  (B) encourage the South African private 
                sector to take a special responsibility and 
                interest in providing such opportunities, 
                advancement, training, and employment for 
                disadvantaged South Africans,
                  (C) encourage United States private sector 
                investment in and trade with South Africa,
                  (D) urge United States investors to develop a 
                working partnership with representative organs 
                of South African civil society, particularly 
                churches and trade unions, in promoting 
                responsible codes of corporate conduct and 
                other measures to address the historical 
                inequities created under apartheid;
          (5) the United States should urge the Government of 
        South Africa to liberalize its trade and investment 
        policies to facilitate the expansion of the economy, 
        and to shift resources to meet the needs of 
        disadvantaged South Africans;
          (6) the United States should promote cooperation 
        between South Africa and other countries in the region 
        to foster regional stability and economic growth; and
          (7) the United States should demonstrate its support 
        for an expedited transition to, and should adopt a long 
        term policy beneficial to the establishment and 
        perpetuation of, a nonracial democracy in South Africa.

SEC. 4.\1\ REPEAL OF APARTHEID SANCTIONS LAWS AND OTHER MEASURES 
                    DIRECTED AT SOUTH AFRICA.

    (a) Comprehensive Anti-Apartheid Act.--* * *
    (b) Other Provisions.--* * *
    (c) Sanctions Measures Adopted by State or Local 
Governments or Private Entities.--
          (1) Policy regarding rescission.--The Congress urges 
        all State or local governments and all private entities 
        in the United States that have adopted any restriction 
        on economic interactions with South Africa, or any 
        policy discouraging such interaction, to rescind such 
        restriction or policy.
          (2) Repeal of provisions relating to withholding 
        federal funds.--Effective October 1, 1995, the 
        following provisions are repealed:
                  (A) The undesignated paragraph entitled 
                ``state and local anti-apartheid policies'' in 
                chapter IX of the Dire Emergency Supplemental 
                Appropriations and Transfers, Urgent 
                Supplementals, and Correcting Enrollment Errors 
                Act of 1989 (22 U.S.C. 5117).
                  (B) Section 210 of the Urgent Supplemental 
                Appropriations Act, 1986 (100 Stat. 749).
    (d) Continuation of UN Special Sanctions.--It is the sense 
of the Congress that the United States should continue to 
respect United Nations Security Council resolutions on South 
Africa, including the resolution providing for a mandatory 
embargo on arms sales to South Africa and the resolutions 
relating to the import of arms, restricting exports to the 
South African military and police, and urging states to refrain 
from nuclear cooperation that would contribute to the 
manufacture and development by South Africa of nuclear weapons 
or nuclear devices.

SEC. 5.\1\ UNITED STATES ASSISTANCE FOR THE TRANSITION TO A NONRACIAL 
                    DEMOCRACY.

    (a) In General.--The President is authorized and encouraged 
to provide assistance under chapter 10 of part I of the Foreign 
Assistance Act of 1961 (relating to the Development Fund for 
Africa) or chapter 4 of part II of that Act (relating to the 
Economic Support Fund) to support the transition to nonracial 
democracy in South Africa. Such assistance shall--
          (1) focus on building the capacity of disadvantaged 
        South Africans to take their rightful place in the 
        political, social, and economic systems of their 
        country;
          (2) give priority to working with and through South 
        African nongovernmental organizations whose leadership 
        and staff represent the majority population and which 
        have the support of the disadvantaged communities being 
        served by such organizations;
          (3) in the case of education programs--
                  (A) be used to increase the capacity of South 
                African institutions to better serve the needs 
                of individuals disadvantaged by apartheid;
                  (B) emphasize education within South Africa 
                to the extent that assistance takes the form of 
                scholarships for disadvantaged South African 
                students; and
                  (C) fund nontraditional training activities;
          (4) support activities to prepare South Africa for 
        elections, including voter and civic education 
        programs, political party building, and technical 
        electoral assistance;
          (5) support activities and entities, such as the 
        Peace Accord structures, which are working to end the 
        violence in South Africa; and
          (6) support activities to promote human rights, 
        democratization, and a civil society.
    (b) Government of South Africa.--
          (1) Limitation on assistance.--Except as provided in 
        paragraph (2), assistance provided in accordance with 
        this section may not be made available to the 
        Government of South Africa, or organizations financed 
        and substantially controlled by that government, unless 
        the President certifies to the Congress that an interim 
        government that was elected on a nonracial basis 
        through free and fair elections has taken office in 
        South Africa.
          (2) Exceptions.--Notwithstanding paragraph (1), 
        assistance may be provided for--
                  (A) the Transitional Executive Council;
                  (B) South African higher education 
                institutions, particularly those traditionally 
                disadvantaged by apartheid policies; and
                  (C) any other organization, entity, or 
                activity if the President determines that the 
                assistance would promote the transition to 
                nonracial democracy in South Africa.
        Any determination under subparagraph (C) should be 
        based on consultations with South African individuals 
        and organizations representative of the majority 
        population in South Africa (particularly consultations 
        through the Transitional Executive Council) and 
        consultations with the appropriate congressional 
        committees.
    (c) Ineligible Organizations.--
          (1) Acts of violence.--An organization that has 
        engaged in armed struggle or other acts of violence 
        shall not be eligible for assistance provided in 
        accordance with this section unless that organization 
        is committed to a suspension of violence in the context 
        of progress toward nonracial democracy.
          (2) Views inconsistent with democracy and free 
        enterprise.--Assistance provided in accordance with 
        this section may not be made available to any 
        organization that has espoused views inconsistent with 
        democracy and free enterprise unless such organization 
        is engaged actively and positively in the process of 
        transition to a nonracial democracy and such assistance 
        would advance the United States objective of promoting 
        democracy and free enterprise in South Africa.

SEC. 6.\1\ UNITED STATES INVESTMENT AND TRADE.

    (a) Tax Treaty.--The President should begin immediately to 
negotiate a tax treaty with South Africa to facilitate United 
States investment in that country.
    (b) OPIC.--The President should immediately initiate 
negotiations with the Government of South Africa for an 
agreement authorizing the Overseas Private Investment 
Corporation to carry out programs with respect to South Africa 
in order to expand United States investment in that country.
    (c) Trade and Development Agency.--In carrying out section 
661 of the Foreign Assistance Act of 1961, the Director of the 
Trade and Development Agency should provide additional funds 
for activities related to projects in South Africa.
    (d) Export-Import Bank.--The Export-Import Bank of the 
United States should expand its activities in connection with 
exports to South Africa.
    (e) Promoting Disadvantaged Enterprises.--
          (1) Investment and trade programs.--Each of the 
        agencies referred to in subsections (b) through (d) 
        should take active steps to encourage the use of its 
        programs to promote business enterprises in South 
        Africa that are majority-owned by South Africans 
        disadvantaged by apartheid.
          (2) United states government procurement.--To the 
        extent not inconsistent with the obligations of the 
        United States under any international agreement, the 
        Secretary of State and the head of any other department 
        or agency of the United States carrying out activities 
        in South Africa shall, to the maximum extent 
        practicable, in procuring goods or services, make 
        affirmative efforts to assist business enterprises 
        having more than 50 percent beneficial ownership by 
        South African blacks or other nonwhite South Africans, 
        notwithstanding any law relating to the making or 
        performance of, or the expenditure of funds for, United 
        States Government contracts.

SEC. 7.\1\ INFORMATION AND EDUCATIONAL EXCHANGE PROGRAMS.

    The Director of the United States Information Agency should 
use the authorities of the United States Information and 
Educational Exchange Act of 1948 to promote the development of 
a nonracial democracy in South Africa.

SEC. 8.\1\ OTHER COOPERATIVE AGREEMENTS.

    In addition to the actions specified in the preceding 
sections of this Act, the President should seek to conclude 
cooperative agreements with South Africa on a range of issues, 
including cultural and scientific issues.

SEC. 9.\1\ INTERNATIONAL FINANCIAL INSTITUTIONS AND OTHER DONORS.

    (a) In General.--The President should encourage other 
donors, particularly Japan and the European Community 
countries, to expand their activities in support of the 
transition to nonracial democracy in South Africa.
    (b) International Financial Institutions.--The Secretary of 
the Treasury should instruct the United States Executive 
Director of each relevant international financial institution, 
including the International Bank for Reconstruction and 
Development and the International Development Association, to 
urge that institution to initiate or expand its lending and 
other financial assistance activities to South Africa in order 
to support the transition to nonracial democracy in South 
Africa.
    (c) Technical Assistance.--The Secretary of the Treasury 
should instruct the United States Executive Director of each 
relevant international financial institution to urge that 
institution to fund programs to initiate or expand technical 
assistance to South Africa for the purpose of training the 
people of South Africa in government management techniques.

SEC. 10.\1\ CONSULTATION WITH SOUTH AFRICANS.

    In carrying out this Act, the President should consult 
closely with South African individuals and organizations 
representative of the majority population in South Africa 
(particularly consultations through the Transitional Executive 
Council) and others committed to abolishing the remnants of 
apartheid.
           (7) Horn of Africa Recovery and Food Security Act

  Public Law 102-274 [S. 985], 106 Stat. 115, approved April 21, 1992

AN ACT To assure the people of the Horn of Africa the right to food and 
     the other basic necessities of life and to promote peace and 
                       development in the region.

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

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Horn of Africa Recovery and 
Food Security Act''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

SEC. 2.\1\ FINDINGS.

    The Congress makes the following findings:
          (1) The Horn of Africa (the region comprised of 
        Ethiopia, Somalia, Sudan, and Djibouti) is 
        characterized by an extraordinary degree of food 
        insecurity as a result of war, famine, mounting debt, 
        recurrent drought, poverty, and agricultural 
        disruption, as well as gross violations of human 
        rights, political repression, environmental 
        destruction, and the breakdown of such essential 
        services as primary education and health care.
          (2) Internal conflict and famine have killed an 
        estimated 2,000,000 people in Ethiopia, Sudan, and 
        Somalia since 1985, and generated another 8,000,000 
        displaced persons and refugees, a number so high as to 
        make millions wards of the United Nations and the 
        international community. Relief officials now estimate 
        that another 15,000,000 to 20,000,000 people are 
        threatened by starvation as civil war and drought 
        continue to ravage the area.
          (3) Governments and armed opposition groups in 
        Ethiopia, Sudan, and Somalia have been guilty of gross 
        violations of human rights, which further erode food 
        security in those countries.
          (4) Assistance policies have failed in large part 
        because of political and economic insecurity, which 
        have prevented the development of programs to achieve 
        sustainable development and programs to achieve food 
        security.
          (5) Appropriate assistance should promote real food 
        security, which means access by all people at all times 
        to enough food for an active and healthy life and the 
        availability of sufficient income and food to prevent 
        chronic dependency upon food assistance.
          (6) The end of the Cold War rivalries in the Horn of 
        Africa affords the United States the opportunity to 
        develop a policy which addresses the extraordinary food 
        security problem in the region.
          (7) Notwithstanding other pressing needs, the United 
        States must accordingly fashion a new foreign policy 
        toward the Horn of Africa and cooperate with other 
        major donors and the United Nations--
                  (A) to develop an emergency relief plan which 
                meets the immediate basic human needs that 
                arise as long as civil strife and famine 
                afflict the region;
                  (B) to promote immediately cease-fires, 
                secure relief corridors, and an end to these 
                conflicts; and
                  (C) to provide creative developmental 
                assistance which attacks the root causes of 
                famine and war and assists these nations on the 
                path to long-term security, reconstruction, 
                voluntary repatriation, economic recovery, 
                democracy, and peace, and which targets 
                assistance to assist the poor majority more 
                effectively.

SEC. 3.\1\ STATEMENT OF POLICY REGARDING INDIVIDUAL COUNTRIES.

    (a) Ethiopia.--It is the sense of the Congress that the 
President should--
          (1) call upon the authorities who now exercise 
        control over the central government in Ethiopia to 
        protect the basic human rights of all citizens, to 
        release from detention all political prisoners and 
        other detainees who were apprehended by the Mengistu 
        regime, and to facilitate the distribution of 
        international relief and emergency humanitarian 
        assistance throughout the country;
          (2) urge all authorities in Ethiopia to make good 
        faith efforts to--
                  (A) make permanent the cease-fire now in 
                place and to permit the restoration of 
                tranquility in the country, and (B) make 
                arrangements for a transitional government that 
                is broadly-based, that accommodates all 
                appropriate points of view, that respects human 
                rights, and that is committed to a process of 
                reform leading to the writing of a constitution 
                and the establishment of representative 
                government; and
          (3) support efforts to ensure that the people of 
        Eritrea are able to exercise their legitimate political 
        rights, consistent with international law, including 
        the right to participate actively in the determination 
        of their political future, and call upon the 
        authorities in Eritrea to keep open the ports of 
        Mitsiwa and Aseb and to continue to permit the use of 
        those ports for the delivery and distribution of 
        humanitarian assistance to Eritrea and to Ethiopia as a 
        whole.
    (b) \2\ Somalia.--It is the sense of the Congress that the 
President should--
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    \2\ Two concurrent resolutions were considered and agreed to in the 
102d Congress to reenforce this sense of the Congress. S. Con. Res. 
132, agreed to in the Senate on August 3, 1992, and in the House on 
August 10, 1992, resolved:
    ``That the Congress--
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  ``(1) condemns in the strongest possible terms the senseless and wanton 
destruction wrought by the political factions in Somalia;

  ``(2) strongly urges these factions to abide by the United Nations 
ceasefire and to allow the deployment of security forces to protect 
humanitarian relief deliveries and workers;

  ``(3) commends the dedicated and energetic efforts of United Nations 
Secretary-General Boutros Boutros Ghali, and his Special Envoy to Somalia, 
Ambassador Mohammed Sahnoun;

  ``(4) pays tribute to the courageous and heroic actions of the relief 
agencies working in Somalia;

  ``(5) calls upon the international community, through the United Nations, 
and in particular the United Nations specialized agencies, to immediately 
expand its relief efforts in Somalia;

  ``(6) recognizes with appreciation the July 27, 1992, statement of the 
President urging the United Nations to deploy a sufficient number of 
security guards to permit relief supplies to move into and within Somalia, 
and committing funds for such an effort; and

  ``(7) urges the President to work with the United Nations Security 
Council to deploy these security guards immediately, with or without the 
consent of the Somalia factions, in order to assure that humanitarian 
relief gets to those most in need, particularly the women, children and 
elderly of Somalia.''.
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    H. Con. Res. 370, agreed to in the House on October 2, 1992, and in 
the Senate on October 8, 1992, resolved:
    ``That the President should--
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  ``(1) express to the United Nations Security Council the desire and the 
willingness of the United States to participate, consistent with applicable 
United States legal requirements, in the deployment of armed United Nations 
security guards, as authorized by the Security Council, in order to secure 
emergency relief activities and enable greater numbers of international and 
Somali organizations and people to provide relief and rehabilitation 
assistance;

  ``(2) express to the United Nations Security Council that the exigency of 
the crisis in Somalia warrants authorization by the Security Council of the 
deployment of United Nations security guards even in the event that an 
invitation by the various warring Somali factions cannot be obtained;

  ``(3) encourage discussion of alternative strategies for solving the 
political crisis in Somalia;

  ``(4) support the United Nations-sponsored relief coordination conference 
for Somalia scheduled for mid-October 1992; and

  ``(5) make every effort to ensure that adequate United States financial 
support exists for the United Nations to carry out its humanitarian and 
peacekeeping/peacemaking mission in Somalia.''.

          (1) use whatever diplomatic steps he considers 
        appropriate to encourage a peaceful and democratic 
        solution to the problems in Somalia;
          (2) commit increased diplomatic resources and 
        energies to resolving the fundamental political 
        conflicts which underlie the protracted humanitarian 
        emergencies in Somalia; and
          (3) ensure, to the maximum extent possible and in 
        conjunction with other donors, that emergency 
        humanitarian assistance is being made available to 
        those in need, and that none of the beneficiaries 
        belong to military or paramilitary units.
    (c) Sudan.--It is the sense of the Congress that the 
President should--
          (1) urge the Government of Sudan and the Sudanese 
        People's Liberation Army to adopt at least a temporary 
        cessation of hostilities in order to assure the 
        delivery of emergency relief to civilians in affected 
        areas;
          (2) encourage active participation of the 
        international community to meet the emergency relief 
        needs of Sudan; and
          (3) take steps to achieve a permanent peace.

SEC. 4.\1\ HORN OF AFRICA RELIEF AND REHABILITATION PROGRAM.

    (a) Equitable Distribution of Relief and Rehabilitation 
Assistance.--It should be the policy of the United States in 
promoting equitable distribution of relief and rehabilitation 
assistance in the Horn of Africa--
          (1) to assure noncombatants (particularly refugees 
        and displaced persons) equal and ready access to all 
        food, emergency, and relief assistance and, if relief 
        or relief agreements are blocked by one faction in a 
        region, to continue supplies to the civilian population 
        located in the territory controlled by any opposing 
        faction;
          (2) to provide relief, rehabilitation, and recovery 
        assistance to promote self-reliance; and
          (3) to assure that relief is provided on the basis of 
        need without regard to political affiliation, 
        geographic location, or the ethnic, tribal, or 
        religious identity of the recipient.
    (b) Maximizing International Relief Efforts.--It should be 
the policy of the United States in seeking to maximize relief 
efforts for the Horn of Africa--
          (1) to redouble its commendable efforts to secure 
        safe corridors of passage for emergency food and relief 
        supplies in affected areas and to expand its support 
        for the growing refugee population;
          (2) to commit sufficient resources under title II of 
        the Agricultural Trade Development and Assistance Act 
        of 1954 (relating to emergency and private assistance 
        programs), and under chapter 9 of part I of the Foreign 
        Assistance Act of 1961 (relating to international 
        disaster assistance), to meet urgent needs in the 
        region and to utilize unobligated security assistance 
        to bolster these resources;
          (3) to consult with member countries of the European 
        Community, Japan, and other major donors in order to 
        increase overall relief and developmental assistance 
        for the people in the Horn of Africa;
          (4) to lend the full support of the United States to 
        all aspects of relief operations in the Horn of Africa, 
        and to work in support of United Nations and other 
        international and voluntary agencies, in breaking the 
        barriers currently threatening the lives of millions of 
        refugees and others in need; and
          (5) to urge the Secretary General of the United 
        Nations to immediately appoint United Nations field 
        coordinators for each country in the Horn of Africa who 
        can act with the Secretary General's full authority.
    (c) Horn of Africa Civil Strife and Famine Assistance.--
          (1) Authorization of assistance.--The President is 
        authorized to provide international disaster assistance 
        under chapter 9 of part I of the Foreign Assistance Act 
        of 1961 for civil strife and famine relief and 
        rehabilitation in the Horn of Africa.
          (2) Description of assistance to be provided.--
        Assistance pursuant to this subsection shall be 
        provided for humanitarian purposes and shall include--
                  (A) relief and rehabilitation projects to 
                benefit the poorest people, including--
                          (i) the furnishing of seeds for 
                        planting, fertilizer, pesticides, farm 
                        implements, crop storage and 
                        preservation supplies, farm animals, 
                        and vaccine and veterinary services to 
                        protect livestock;
                          (ii) blankets, clothing, and shelter;
                          (iii) emergency health care; and
                          (iv) emergency water and power 
                        supplies;
                  (B) emergency food assistance (primarily 
                wheat, maize, other grains, processed foods, 
                and oils) for the affected and displaced 
                civilian population of the Horn of Africa; and
                  (C) inland and ocean transportation of, and 
                storage of, emergency food assistance, 
                including the provision of trucks.
        Assistance described in subparagraphs (B) and (C) shall 
        be in addition to any such assistance provided under 
        title II of the Agricultural Trade Development and 
        Assistance Act of 1954.
          (3) Use of pvos for relief, rehabilitation, and 
        recovery projects.--Assistance under this subsection 
        should be provided, to the maximum extent possible, 
        through United States, international, and indigenous 
        private and voluntary organizations.
          (4) Management support activities.--Up to two percent 
        of the amount made available for each fiscal year under 
        paragraph (5) for use in carrying out this subsection 
        may be used by the agency primarily responsible for 
        administering part I of the Foreign Assistance Act of 
        1961 for management support activities associated with 
        the planning, monitoring, and supervision of emergency 
        humanitarian and food assistance in the Horn of Africa 
        provided under this subsection and subsection (d).
          (5) Transfer of security assistance funds.--The 
        authority of section 610 of the Foreign Assistance Act 
        of 1961 may be used to transfer for use in carrying out 
        this subsection, without regard to the 20-percent 
        increase limitation contained in that section, 
        unobligated security assistance funds made available 
        for fiscal year 1992 and 1993. As used in this 
        paragraph, the term ``security assistance funds'' means 
        funds available for economic support assistance, 
        foreign military financing assistance, or international 
        military education and training.
    (d) Emergency Food Assistance.--The President is urged to 
use the authorities of title II of the Agricultural Trade 
Development and Assistance Act of 1954 to provide supplemental 
emergency food assistance for the various civilian victims of 
civil strife in the Horn of Africa, in accordance with 
paragraphs (2)(B), (2)(C), and (3) of subsection (c), in 
addition to the assistance otherwise provided for such 
purposes.

SEC. 5.\1\ HORN OF AFRICA PEACE INITIATIVE.

    (a) Support for Grassroots Participation.--It shall be the 
policy of the United States in promoting peace and development 
in the Horn of Africa--
          (1) to support expanded pluralistic and popular 
        participation, the process by which all groups of 
        people are empowered to involve themselves directly in 
        creating the structures, policies, and programs to 
        contribute to equitable economic development, and to 
        local, national, and regional peace initiatives;
          (2) to ensure that all citizens enjoy the protection 
        of civil, political, economic, social, religious, and 
        cultural rights, an independent judiciary, and 
        representative governmental institutions, regardless of 
        gender, religion, ethnicity, occupation, or 
        association; and
          (3) to provide assistance to indigenous 
        nongovernmental institutions that carry out activities 
        in government-controlled or opposition-controlled 
        territories and have the capacity or potential to 
        promote conflict resolution, to advance development 
        programs, or to carry out relief activities such as 
        those described in section 4(c)(2).
    (b) Consultations.--The President is encouraged to 
undertake immediate consultations with appropriate countries, 
with armed and unarmed parties in the Horn of Africa, and with 
the Secretary General of the United Nations, in order to bring 
about negotiated settlements of the armed conflicts in the Horn 
of Africa.
    (c) Mechanisms.--It is the sense of the Congress that the 
President should--
          (1) direct the United States Representative to the 
        United Nations to--
                  (A) urge the Secretary General of the United 
                Nations to make cease-fires, safe corridors for 
                emergency relief, and negotiated settlements of 
                the armed conflicts in the Horn of Africa a 
                high and urgent priority;
                  (B) propose that the United Nations Security 
                Council establish a United Nations arms embargo 
                to end the supply of arms to the region, 
                pending the resolution of civil wars and other 
                armed conflicts; and
                  (C) pledge diplomatic and material resources 
                for enhanced United Nations peacekeeping and 
                peacemaking activities in the region, including 
                monitoring of cease-fires;
          (2) play an active and ongoing role in other fora in 
        pressing for negotiated settlements to armed conflicts 
        in the Horn of Africa; and
          (3) support and participate in regional and 
        international peace consultations that include broad 
        representation from the countries and factions 
        concerned.

SEC. 6.\1\ HORN OF AFRICA FOOD SECURITY AND RECOVERY STRATEGY.

    (a) Targeting Assistance to Aid the Poor Majority; Use of 
PVOs and International Organizations.--
          (1) Targeting Assistance.--United States 
        developmental assistance for the Horn of Africa should 
        be targeted to aid the poor majority of the people of 
        the region (particularly refugees, women, the urban 
        poor, and small-scale farmers and pastoralists) to the 
        maximum extent practicable. United States Government 
        aid institutions should seek to--
                  (A) build upon the capabilities and 
                experiences of United States, international, 
                and indigenous private and voluntary 
                organizations active in local grassroots 
                relief, rehabilitation, and development 
                efforts;
                  (B) consult closely with such organizations 
                and significantly incorporate their views into 
                the policymaking process; and
                  (C) support the expansion and strengthening 
                of their activities without compromising their 
                private and independent nature.
          (2) PVOs and international organizations.--While 
        support from indigenous governments is crucial, 
        sustainable development and food security in the Horn 
        of Africa should be enhanced through the active 
        participation of indigenous private and voluntary 
        organizations, as well as international private and 
        voluntary organizations, and international 
        organizations that have demonstrated their ability to 
        work as partners with local nongovernmental 
        organizations and are committed to promoting local 
        grassroots activities on behalf of long-term 
        development and self-reliance in the Horn of Africa.
          (3) Policy on assistance to governments.--United 
        States assistance should not be provided to the 
        Government of Ethiopia, the Government of Somalia, or 
        the Government of Sudan until concrete steps toward 
        peace, democracy, and human rights are taken in the 
        respective country.
          (4) Support for pvos.--Meanwhile, the United States 
        should provide developmental assistance to those 
        countries by supporting United States, indigenous, and 
        international private and voluntary organizations 
        working in those countries. Such assistance should be 
        expanded as quickly as possible.
    (b) Examples of Programs.--Assistance pursuant to this 
section should include programs to--
          (1) reforest and restore degraded natural areas and 
        reestablish resource management programs;
          (2) reestablish veterinary services, local crop 
        research, and agricultural development projects;
          (3) provide basic education, including efforts to 
        support the teaching of displaced children, and rebuild 
        schools;
          (4) educate young people outside of their countries 
        if conflict within their countries continues;
          (5) reconstitute and expand the delivery of primary 
        and maternal health care; and
          (6) establish credit, microenterprise, and income 
        generation programs for the poor.
    (c) Voluntary Relocation and Repatriation.--Assistance 
pursuant to this section should also be targeted to the 
voluntary relocation and voluntary repatriation of displaced 
persons and refugees after peace has been achieved. Assistance 
pursuant to this Act may not be made available for any costs 
associated with any program of involuntary or forced 
resettlement of persons.
    (d) Debt Relief; International Fund for Reconstruction.--
Developmental assistance for the Horn of Africa should be 
carried out in coordination with long-term strategies for debt 
relief of countries in the region and with emerging efforts to 
establish an international fund for reconstruction of 
developing countries which settle civil wars within their 
territories.
    (e) Assistance Through PVOs and International 
Organizations.--Unless a certification has been made with 
respect to that country under section 8, development assistance 
and assistance from the Development Fund for Africa for 
Ethiopia, Somalia, and Sudan shall be provided only through--
          (1) United States, international, and indigenous 
        private and voluntary organizations (as the term 
        ``private and voluntary organization'' is defined in 
        section 496(e)(2) of the Foreign Assistance Act of 
        1961); or
          (2) through international organizations that have 
        demonstrated effectiveness in working in partnership 
        with local nongovernmental organizations and are 
        committed to the promotion of local grassroots 
        activities on behalf of development and self-reliance 
        in the Horn of Africa (such as the United Nations 
        Children's Fund, the International Fund for 
        Agricultural Development, the United Nations High 
        Commissioner for Refugees, the United Nations 
        Development Program, and the World Food Program).
This subsection does not prohibit the organizations referred to 
in paragraphs (1) and (2) from working with appropriate 
ministries or departments of the respective governments of such 
countries.
    (f) Waiver of Restrictions.--Assistance pursuant to this 
section may be made available to Ethiopia, Somalia, and Sudan 
notwithstanding any provision of law (other than the provisions 
of this Act) that would otherwise restrict assistance to such 
countries.
    (g) United States Voluntary Contributions to International 
Organizations for Developmental Assistance for the Horn of 
Africa.--It should be the policy of the United States to 
provide increasing voluntary contributions to United Nations 
agencies (including the United Nations Children's Fund, the 
International Fund for Agricultural Development, the United 
Nations High Commissioner for Refugees, the United Nations 
Development Program, and the World Food Program) for expanded 
programs of assistance for the Horn of Africa and for refugees 
from the Horn of Africa who are in neighboring countries.
    (h) Developmental Assistance Authorities.--Developmental 
assistance to carry out this section shall be provided pursuant 
to the authorities of chapter 1 of part I (relating to 
development assistance) and chapter 10 of part I (relating to 
the Development Fund for Africa) of the Foreign Assistance Act 
of 1961.

SEC. 7.\1\ PROHIBITIONS ON SECURITY ASSISTANCE TO ETHIOPIA, SOMALIA, 
                    AND SUDAN.

    (a) Prohibition.--Economic support assistance, foreign 
military financing assistance, and international military 
education and training may not be provided for fiscal year 1992 
or 1993 for the Government of Ethiopia, the Government of 
Somalia, or the Government of Sudan unless the President makes 
the certification described in section 8 with respect to that 
government.
    (b) Assistance for Ethiopia; Conditional Waiver of Brooke-
Alexander Amendment.--If the President makes the certification 
described in section 8 with respect to the Government of 
Ethiopia, the President may provide economic support 
assistance, foreign military financing assistance, and 
international military education and training for Ethiopia for 
fiscal years 1992 and 1993 notwithstanding section 620(q) of 
the Foreign Assistance Act of 1961 or any similar provision.

SEC. 8.\1\ CERTIFICATION.

    The certification required by sections 6(e) and 7 is a 
certification by the President \3\ to the appropriate 
congressional committees that the government of the specified 
country--
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    \3\ In a memorandum for the Secretary of State on May 26, 1992, the 
President determined and certified that the Government of Ethiopia:
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  ``(1) has begun to implement peace agreements and national reconciliation 
agreements;

  ``(2) has demonstrated a commitment to human rights within the meaning of 
sections 116 and 502B of the Foreign Assistance Act of 1961;

  ``(3) has manifested a commitment to democracy, has established a 
timetable for free and fair elections, and has agreed to implement the 
results of those elections; and

  ``(4) has agreed to distribute developmental assistance on the basis of 
need without regard to political affiliation, geographic locations, or the 
ethnic, tribal, or religious identity of the recipient.'' (Presidential 
Determination No. 92-27 of May 26, 1992; 57 F.R. 24925; June 11, 1992).

          (1) has begun to implement peace agreements, national 
        reconciliation agreements, or both;
          (2) has demonstrated a commitment to human rights 
        within the meaning of sections 116 and 502B of the 
        Foreign Assistance Act of 1961;
          (3) has manifested a commitment to democracy, has 
        held or established a timetable for free and fair 
        elections, and has agreed to implement the results of 
        those elections; and
          (4) in the case of a certification for purposes of 
        section 6(e), has agreed to distribute developmental 
        assistance on the basis of need without regard to 
        political affiliation, geographic location, or the 
        ethnic, tribal, or religious identity of the recipient.

SEC. 9.\1\,}\4\ REPORTING REQUIREMENT.

    Not later than 180 days after the date of enactment of this 
Act and each 180 days thereafter, the President shall submit a 
report to the appropriate congressional committees on the 
efforts and progress made in carrying out this Act.
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    \4\ In a July 19, 1993, memorandum for the Administrator of the 
Agency for International Development, the President delegated to the 
Administrator the functions authorized in sec. 9 (Memorandum of July 
19, 1993; 58 F.R. 39109; July 21, 1993).
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SEC. 10.\1\ DEFINITIONS.

    As used in this Act--
          (1) the term ``appropriate congressional committees'' 
        means the Committee on Foreign Affairs \5\ and the 
        Committee on Appropriations of the House of 
        Representatives and the Committee on Foreign Relations 
        and the Committee on Appropriations of the Senate;
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    \5\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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          (2) the term ``assistance from the Development Fund 
        for Africa'' means assistance under chapter 10 of part 
        I of the Foreign Assistance Act of 1961;
          (3) the term ``development assistance'' means 
        assistance under chapter 1 of part I of the Foreign 
        Assistance Act of 1961;
          (4) the term ``economic support assistance'' means 
        assistance under chapter 4 of part II of the Foreign 
        Assistance Act of 1961;
          (5) the term ``foreign military financing 
        assistance'' means assistance under section 23 of the 
        Arms Export Control Act; and
          (6) the term ``international military education and 
        training'' means assistance under chapter 5 of part II 
        of the Foreign Assistance Act of 1961.
                  (8) Peace Process Support in Liberia

 Public Law 102-270 [S.J. Res. 271], 106 Stat. 106, approved April 16, 
    1992; amended by Public Law 104-99 [Foreign Operations, Export 
 Financing, and Related Programs Appropriations Act, 1996, H.R. 1868, 
enacted by reference in sec. 301 of Public Law 104-99; H.R. 2880], 110 
 Stat. 26, approved January 26, 1996, enacted again as Public Law 104-
       107 [H.R. 1868], 110 Stat. 704, approved February 12. 1996

  JOINT RESOLUTION Expressing the sense of the Congress regarding the 
peace process in Liberia and authorizing limited assistance to support 
                             this process.

Whereas the civil war in Liberia, begun in December 1989, has 
    devastated that country, killing an estimated 25,000 
    civilians and forcing hundreds of thousands of Liberians to 
    flee their homes;
Whereas in an effort to end the fighting, the parties to the 
    Liberian conflict and the leaders of the West African 
    states signed a peace accord in Yamoussoukro, Cote d'Ivoire 
    on October 30, 1991;
Whereas this agreement sets in motion a peace process, 
    including the encampment and disarmament of the fighters 
    and culminating in the holding of free and fair elections;
Whereas despite several difficulties, this peace process 
    continues to proceed largely on track, including the recent 
    opening of roads in Liberia and the initiation of the 
    political campaigns by several parties; and
Whereas the election process outlined in the Yamoussoukro 
    agreement is essential for reestablishing peace, democracy 
    and reconciliation in Liberia, and limited United States 
    assistance could play an important role in promoting this 
    process: Now, therefore, be it

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) \1\ 
the Congress--
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    \1\ 22 U.S.C. 2151 note.
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          (1) strongly supports the peace process for Liberia 
        initiated by the Yamoussoukro peace accord;
          (2) urges all parties to abide by the terms of the 
        Yamoussoukro agreement;
          (3) commends and congratulates the governments of the 
        Economic Community of West African States (ECOWAS) for 
        their leadership in seeking peace in Liberia; and
          (4) extends particularly praise to President 
        Babangida of Nigeria, President Houphouet-Boigny of 
        Cote d'Ivoire, and President Diouf of Senegal for their 
        efforts to resolve this conflict.
    (b) Authorization of Limited Assistance.--The \2\ President 
is authorized to provide--
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    \2\ Sec. 573(a)(1) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 
Stat. 749), struck out ``Notwithstanding section 620(q) of the Foreign 
Assistance Act of 1961 or any similar provision, the'' and inserted in 
lieu thereof ``The''.
    Sec. 573(b) of that Act, furthermore, provided the following:
    ``(b) Funds appropriated by this Act may be made available for 
assistance for Liberia notwithstanding section 620(q) of the Foreign 
Assistance Act of 1961 and section 512 of this Act.''.
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          (1) nonpartisan election and democracy-building 
        assistance to support democratic institutions in 
        Liberia, and
          (2) assistance for the resettlement of refugees, the 
        demobilization and retraining of troops, and the 
        provision of other appropriate assistance: \3\ 
        Provided, That the President determines and so 
        certifies to the Committee on Foreign Relations and the 
        Committee on Appropriations of the Senate and the 
        Committee on Foreign Affairs \4\ and the Committee on 
        Appropriations of the House of Representatives that 
        Liberia has made significant progress toward 
        democratization and that the provision of such 
        assistance will assist that country in making further 
        progress and is otherwise in the national interest of 
        the United States. A separate determination and 
        certification shall be required for each fiscal year in 
        which such assistance is to be provided.
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    \3\ Sec. 573(a)(2) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 
Stat. 749), struck out ``to implement the Yamoussoukro peace accord'' 
at this point.
    \4\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
           (9) African Famine Relief and Recovery Act of 1985

 Partial text of Public Law 99-8 [S. 689], 99 Stat. 21, approved April 
                                2, 1985

 AN ACT To authorize appropriations for famine relief and recovery in 
                                Africa.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``African Famine Relief and 
Recovery Act of 1985''.\1\
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    \1\ 22 U.S.C. 2292 note.
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SEC. 2.\2\ * * *

SEC. 3.\1\ MIGRATION AND REFUGEE ASSISTANCE.

    (a) Authorization of Appropriations.--In addition to 
amounts otherwise available for such purpose, there are 
authorized to be appropriated to the Department of State for 
``Migration and Refugee Assistance'' for the fiscal year 1985, 
$37,500,000 for assisting refugees and displaced persons in 
Africa.
---------------------------------------------------------------------------
    \2\ Sec. 2 amended the Foreign Assistance Act of 1961 by adding a 
new sec. 495K entitled ``African Famine Assistance.''
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    (b) Use of Funds.--
          (1) Projects for immediate development needs.--Up to 
        54 percent of the funds authorized to be appropriated 
        by this section may be made available to the United 
        Nations Office of Emergency Operations in Africa for 
        projects such as those proposed at the second 
        International Conference on Assistance to Refugees in 
        Africa (ICARA II) to address the immediate development 
        needs created by refugees and displaced persons in 
        Africa.
          (2) Emergency relief and recovery efforts.--The 
        remaining funds authorized to be appropriated by this 
        section shall be used by the Bureau for Refugee 
        Programs of the Department of State for emergency 
        relief and recovery efforts in Africa.

SEC. 4.\1\ DEPARTMENT OF DEFENSE ASSISTANCE.

    (a) Special Rule on Reimbursement.--If the Department of 
Defense furnishes goods or services for African supplemental 
famine assistance activities, the Department of Defense shall 
be reimbursed for not more than the costs which it incurs in 
providing those goods or services. These costs do not include 
military pay and allowances, amortization and depreciation, and 
fixed facility costs.
    (b) Definition of African Supplemental Famine Assistance 
Activities.--For purposes of this section, the term ``African 
supplemental famine assistance activities'' means the provision 
of the following fiscal year 1985 supplemental assistance for 
Africa:
          (1) Famine assistance pursuant to section 2 of this 
        Act.
          (2) Migration and refugee assistance pursuant to 
        section 3 of this Act.
          (3) Assistance pursuant to supplemental 
        appropriations for title II of the Agricultural Trade 
        Development and Assistance Act of 1954 (7 U.S.C. 1721-
        1726).
          (4) Assistance with funds appropriated during fiscal 
        year 1985 for the Emergency Refugee and Migration 
        Assistance Fund (22 U.S.C. 2601(c)).

SEC. 5.\1\ GENERAL PROVISIONS RELATING TO ASSISTANCE.

    (a) Countries To Be Assisted.--Amounts authorized to be 
appropriated by this Act shall be available only for assistance 
in those countries in Africa which have suffered during 
calendar years 1984 and 1985 from exceptional food supply 
problems due to drought and other calamities.
    (b) ``Hickenlooper Amendment''.--Assistance may be provided 
with funds authorized to be appropriated by this Act without 
regard to section 620(e)(1) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2370(e)(1)).
    (c) Ensuring That Assistance Reaches Intended Recipients.--
The President shall ensure that adequate procedures have been 
established so that assistance pursuant to this Act is provided 
to the famine victims for whom it is intended.

SEC. 6.\1\ REPORTS ON AFRICAN FAMINE ASSISTANCE.

    (a) Report on United States Contribution to Meet Emergency 
Needs.--
          (1) Requirement for report.--Not later than June 30, 
        1985, the President shall report to the Congress with 
        respect to the United States contribution to meet 
        emergency needs, including food needs, for African 
        famine assistance.
          (2) Information to be included in report.--The report 
        required by this subsection shall describe--
                  (A) the emergency needs, including food 
                needs, for African famine assistance that are 
                identified by the President's Interagency Task 
                Force on the African Food Emergency, private 
                and voluntary organizations active in famine 
                relief, the United Nations Office for Emergency 
                Operations in Africa, the United Nations Food 
                and Agriculture Organization, the World Food 
                Program, and such other organizations as the 
                President considers appropriate; and
                  (B) the projected fiscal year 1985 
                contribution by the United States Government to 
                meet an appropriate share of those needs 
                referred to in subparagraph (A).
    (b) Report on Assistance Provided Pursuant to This Act.--
          (1) Requirement for report.--Not later than September 
        30, 1985, the President shall report to the Congress on 
        the assistance provided pursuant to this Act.
          (2) Information to be included in report.--
                  (A) Use of funds.--The report pursuant to 
                this subsection shall describe the uses, by the 
                Agency for International Development and by the 
                Department of State, of the funds authorized to 
                be appropriated by this Act, including--
                          (i) a description of each project or 
                        program supported with any of those 
                        funds, and the amount allocated to it;
                          (ii) the identity of each private and 
                        voluntary organization or international 
                        organization receiving any of those 
                        funds, and the amount of funds each 
                        received;
                          (iii) the amount of those funds used 
                        for assistance to each country;
                          (iv) the amount of those funds, if 
                        any, which will not have been obligated 
                        as of September 30, 1985; and
                          (v) a list of any projects or 
                        programs supported with those funds 
                        which are not expected to be completed 
                        as of December 31, 1985.
                   d. Assistance to Latin America \1\

          (1) Emergency Supplemental Act, 2000--Plan Colombia

Partial text of Public Law 106-246 [H.R. 4425], 114 Stat. 511, approved 
July 13, 2000; amended by Public Law 107-115 [Kenneth M. Ludden Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
      2002; H.R. 2506], 115 Stat. 2118, approved January 10, 2002

AN ACT Making appropriations for military construction, family housing, 
and base realignment and closure for the Department of Defense for the 
     fiscal year ending September 30, 2001, and for other purposes.

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

        DIVISION B--FISCAL YEAR 2000 SUPPLEMENTAL APPROPRIATIONS

    The following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2000, and for other purposes, namely:
---------------------------------------------------------------------------
    \1\ See also the Foreign Assistance Act of 1969 (Public Law 91-
175), establishing the Inter-American Foundation, in Legislation on 
Foreign Relations Through 2005, vol. I-A.
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          * * * * * * *

                      TITLE III--COUNTERNARCOTICS

          * * * * * * *

                               CHAPTER 2

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                          Department of State

               assistance for counternarcotics activities

    For necessary expenses to carry out section 481 of the 
Foreign Assistance Act of 1961 to support Central and South 
America and Caribbean counternarcotics activities, 
$1,018,500,000, to remain available until expended: Provided, 
That of the funds appropriated under this heading, not less 
than $110,000,000 shall be made available for assistance for 
Bolivia, of which not less than $85,000,000 may be made 
available for alternative development and other economic 
activities: Provided further, That of the funds appropriated 
under this heading, not less than $20,000,000 may be made 
available for assistance for Ecuador, of which not less than 
$8,000,000 may be made available for alternative development 
and other economic activities: Provided further, That of the 
funds appropriated under this heading, not less than 
$18,000,000 shall be made available for assistance for other 
countries in South and Central America and the Caribbean which 
are cooperating with United States counternarcotics objectives: 
Provided further, That of the funds appropriated under this 
heading not less than $60,000,000 shall be made available for 
the procurement, refurbishing, and support for UH-1H Huey II 
helicopters for the Colombian Army: Provided further, That of 
the funds appropriated under this heading, not less than 
$234,000,000 shall be made available for the procurement of and 
support for UH-60 Blackhawk helicopters for use by the 
Colombian Army and the Colombian National Police: Provided 
further, That procurement of UH-60 Blackhawk helicopters from 
funds made available under this heading shall be managed by the 
United States Defense Security Cooperation Agency: Provided 
further, That the President shall ensure that if any helicopter 
procured with funds under this heading is used to aid or abet 
the operations of an illegal self-defense group or illegal 
security cooperative, then such helicopter shall be immediately 
returned to the United States: Provided further, That of the 
amount appropriated under this heading, $2,500,000 shall be 
available for a program for the demobilization and 
rehabilitation of child soldiers in Colombia: Provided further, 
That funds made available under this heading shall be in 
addition to amounts otherwise available for such purposes: 
Provided further, That section 482(b) of the Foreign Assistance 
Act of 1961 shall not apply to funds appropriated under this 
heading: Provided further, That the Secretary of State, in 
consultation with the Secretary of Defense and the 
Administrator of the United States Agency for International 
Development, shall provide to the Committees on Appropriations 
not later than 30 days after the date of the enactment of this 
Act and prior to the initial obligation of any funds 
appropriated under this heading, a report on the proposed uses 
of all funds under this heading on a country-by-country basis 
for each proposed program, project or activity: Provided 
further, That at least 20 days prior to the obligation of funds 
made available under this heading the Secretary of State shall 
inform the Committees on Appropriations: Provided further, That 
the entire amount is designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A) of the Balanced 
Budget and Emergency Deficit Control Act of 1985, as amended: 
Provided further, That the entire amount provided shall be 
available only to the extent an official budget request that 
includes designation of the entire amount of the request as an 
emergency requirement as defined in the Balanced Budget and 
Emergency Deficit Control Act of 1985, as amended, is 
transmitted by the President to the Congress.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 3201. Conditions on Assistance for Colombia. (a) 
Conditions.--
          (1) Certification required.--Assistance provided 
        under this heading may be made available for Colombia 
        in fiscal years 2000 and 2001 only if the Secretary of 
        State certifies to the appropriate congressional 
        committees prior to the initial obligation of such 
        assistance in each such fiscal year, that--
                  (A)(i) the President of Colombia has directed 
                in writing that Colombian Armed Forces 
                personnel who are credibly alleged to have 
                committed gross violations of human rights will 
                be brought to justice in Colombia's civilian 
                courts, in accordance with the 1997 ruling of 
                Colombia's Constitutional court regarding 
                civilian court jurisdiction in human rights 
                cases; and
                  (ii) the Commander General of the Colombian 
                Armed Forces is promptly suspending from duty 
                any Colombian Armed Forces personnel who are 
                credibly alleged to have committed gross 
                violations of human rights or to have aided or 
                abetted paramilitary groups; and
                  (iii) the Colombian Armed Forces and its 
                Commander General are fully complying with 
                (A)(i) and (ii); and
                  (B) the Colombian Armed Forces are 
                cooperating fully with civilian authorities in 
                investigating, prosecuting, and punishing in 
                the civilian courts Colombian Armed Forces 
                personnel who are credibly alleged to have 
                committed gross violations of human rights;
                  (C) the Government of Colombia is vigorously 
                prosecuting in the civilian courts the leaders 
                and members of paramilitary groups and 
                Colombian Armed Forces personnel who are aiding 
                or abetting these groups;
                  (D) the Government of Colombia has agreed to 
                and is implementing a strategy to eliminate 
                Colombia's total coca and opium poppy 
                production by 2005 through a mix of alternative 
                development programs; manual eradication; 
                aerial spraying of chemical herbicides; tested, 
                environmentally safe mycoherbicides; and the 
                destruction of illicit narcotics laboratories 
                on Colombian territory; and
                  (E) the Colombian Armed Forces are developing 
                and deploying in their field units a Judge 
                Advocate General Corps to investigate Colombian 
                Armed Forces personnel for misconduct.
          (2) Consultative process.--The Secretary of State 
        shall consult with internationally recognized human 
        rights organizations regarding the Government of 
        Colombia's progress in meeting the conditions contained 
        in paragraph (1), prior to issuing the certification 
        required under paragraph (1).
          (3) Application of existing laws.--The same 
        restrictions contained in section 564 of the Foreign 
        Operations, Export Financing, and Related Programs 
        Appropriations Act, 2000 (Public Law 106-113) and 
        section 8098 of the Department of Defense 
        Appropriations Act, 2000 (Public Law 106-79) shall 
        apply to the availability of funds under this heading.
          (4) Waiver.--Assistance may be furnished without 
        regard to this section if the President determines and 
        certifies to the appropriate committees that to do so 
        is in the national security interest.
    (b) Definitions.--In this section:
          (1) Aiding or abetting.--The term ``aiding or 
        abetting'' means direct and indirect support to 
        paramilitary groups, including conspiracy to allow, 
        facilitate, or promote the activities of paramilitary 
        groups.
          (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on Appropriations and the Committee on 
        Foreign Relations of the Senate and the Committee on 
        Appropriations and the Committee on International 
        Relations of the House of Representatives.
          (3) Paramilitary groups.--The term ``paramilitary 
        groups'' means illegal self-defense groups and illegal 
        security cooperatives.
          (4) Assistance.--The term ``assistance'' means 
        assistance appropriated under this heading for fiscal 
        years 2000 and 2001, and provided under the following 
        provisions of law:
                  (A) Section 1004 of the National Defense 
                Authorization Act for Fiscal Year 1991 (Public 
                Law 101-510; relating to counter-drug 
                assistance).
                  (B) Section 1033 of the National Defense 
                Authorization Act for Fiscal Year 1998 (Public 
                Law 105-85; relating to counter-drug assistance 
                to Colombia and Peru).
                  (C) Section 23 of the Arms Export Control Act 
                (Public Law 90-629; relating to credit sales).
                  (D) Section 481 of the Foreign Assistance Act 
                of 1961 (Public Law 87-195; relating to 
                international narcotics control).
                  (E) Section 506 of the Foreign Assistance Act 
                of 1961 (Public Law 87-195; relating to 
                emergency drawdown authority).
    Sec. 3202. Regional Strategy. (a) Report Required.--Not 
later than 60 days after the date of the enactment of this Act, 
the President shall submit to the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate, 
the Committee on International Relations and the Committee on 
Appropriations of the House of Representatives, a report on the 
current United States policy and strategy regarding United 
States counternarcotics assistance for Colombia and neighboring 
countries.
    (b) Report Elements.--The report required by subsection (a) 
shall address the following:
          (1) The key objectives of the United States' 
        counternarcotics strategy in Colombia and neighboring 
        countries and a detailed description of benchmarks by 
        which to measure progress toward those objectives.
          (2) The actions required of the United States to 
        support and achieve these objectives, and a schedule 
        and cost estimates for implementing such actions.
          (3) The role of the United States in the efforts of 
        the Government of Colombia to deal with illegal drug 
        production in Colombia.
          (4) The role of the United States in the efforts of 
        the Government of Colombia to deal with the insurgency 
        and paramilitary forces in Colombia.
          (5) How the strategy with respect to Colombia relates 
        to and affects the United States' strategy in the 
        neighboring countries.
          (6) How the strategy with respect to Colombia relates 
        to and affects the United States' strategy for 
        fulfilling global counternarcotics goals.
          (7) A strategy and schedule for providing material, 
        technical, and logistical support to Colombia and 
        neighboring countries in order to defend the rule of 
        law and to more effectively impede the cultivation, 
        production, transit, and sale of illicit narcotics.
          (8) A schedule for making Forward Operating Locations 
        (FOL) fully operational, including cost estimates and a 
        description of the potential capabilities for each 
        proposed location and an explanation of how the FOL 
        architecture fits into the overall Strategy.
    Sec. 3203. Report on Extradition of Narcotics 
Traffickers.--(a) Not later than 6 months after the date of the 
enactment of this title, and every 6 months thereafter, during 
the period Plan Colombia resources are made available, the 
Secretary of State shall submit to the Committee on Foreign 
Relations, the Committee on the Judiciary, and the Committee on 
Appropriations of the Senate; and the Committee on 
International Relations, the Committee on the Judiciary, and 
the Committee on Appropriations of the House of Representatives 
a report setting forth--
          (1) a list of the persons whose extradition has been 
        requested from any country receiving counternarcotics 
        assistance from the United States, indicating those 
        persons who--
                  (A) have been surrendered to the custody of 
                United States authorities;
                  (B) have been detained by the authorities and 
                who are being processed for extradition;
                  (C) have been detained by the authorities and 
                who are not yet being processed for 
                extradition; or
                  (D) are at large;
          (2) a determination whether authorities of each 
        country receiving counternarcotics assistance from the 
        United States are making good faith efforts to ensure 
        the prompt extradition of each of the persons sought by 
        United States authorities; and
          (3) an analysis of--
                  (A) any legal obstacles in the laws of each 
                country receiving counternarcotics assistance 
                from the United States regarding prompt 
                extradition of persons sought by United States 
                authorities; and
                  (B) the steps taken by authorities of the 
                United States and the authorities of each 
                country receiving counternarcotics assistance 
                from the United States to overcome such 
                obstacles.
    Sec. 3204.\2\ Limitations on Support for Plan Colombia and 
on the Assignment of United States Personnel in Colombia. (a) 
Limitation on Support for Plan Colombia.--
---------------------------------------------------------------------------
    \2\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2186), provided the following:
---------------------------------------------------------------------------

``andean counterdrug initiative
---------------------------------------------------------------------------

    ``For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961 to support counterdrug activities in the Andean 
region of South America, $734,500,000, to remain available until 
September 30, 2008: Provided, That in fiscal year 2006, funds available 
to the Department of State for assistance to the Government of Colombia 
shall be available to support a unified campaign against narcotics 
trafficking, against activities by organizations designated as 
terrorist organizations such as the Revolutionary Armed Forces of 
Colombia (FARC), the National Liberation Army (ELN), and the United 
Self-Defense Forces of Colombia (AUC), and to take actions to protect 
human health and welfare in emergency circumstances, including 
undertaking rescue operations: Provided further, That this authority 
shall cease to be effective if the Secretary of State has credible 
evidence that the Colombian Armed Forces are not conducting vigorous 
operations to restore government authority and respect for human rights 
in areas under the effective control of paramilitary and guerrilla 
organizations: Provided further, That the President shall ensure that 
if any helicopter procured with funds under this heading is used to aid 
or abet the operations of any illegal self-defense group or illegal 
security cooperative, such helicopter shall be immediately returned to 
the United States: Provided further, That the Secretary of State, in 
consultation with the Administrator of the United States Agency for 
International Development, shall provide to the Committees on 
Appropriations not later than 45 days after the date of the enactment 
of this Act and prior to the initial obligation of funds appropriated 
under this heading, a report on the proposed uses of all funds under 
this heading on a country-by-country basis for each proposed program, 
project, or activity: Provided further, That funds made available in 
this Act for demobilization/reintegration of members of foreign 
terrorist organizations in Colombia shall be subject to prior 
consultation with, and the regular notification procedures of, the 
Committees on Appropriations: Provided further, That section 482(b) of 
the Foreign Assistance Act of 1961 shall not apply to funds 
appropriated under this heading: Provided further, That assistance 
provided with funds appropriated under this heading that is made 
available notwithstanding section 482(b) of the Foreign Assistance Act 
of 1961 shall be made available subject to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
of the funds appropriated under this heading that are available for 
alternative development/institution building, not less than 
$228,772,000 shall be apportioned directly to the United States Agency 
for International Development including $131,232,000 for assistance for 
Colombia: Provided further, That with respect to funds apportioned to 
the United States Agency for International Development under the 
previous proviso, the responsibility for policy decisions for the use 
of such funds, including what activities will be funded and the amount 
of funds that will be provided for each of those activities, shall be 
the responsibility of the Administrator of the United States Agency for 
International Development in consultation with the Assistant Secretary 
of State for International Narcotics and Law Enforcement Affairs: 
Provided further, That of the funds appropriated under this heading, in 
addition to funds made available for judicial reform programs in 
Colombia, not less than $8,000,000 shall be made available to the 
United States Agency for International Development for organizations 
and programs to protect human rights: Provided further, That not more 
than 20 percent of the funds appropriated by this Act that are used for 
the procurement of chemicals for aerial coca and poppy fumigation 
programs may be made available for such programs unless the Secretary 
of State certifies to the Committees on Appropriations that: (1) the 
herbicide is being used in accordance with EPA label requirements for 
comparable use in the United States and with Colombian laws; and (2) 
the herbicide, in the manner it is being used, does not pose 
unreasonable risks or adverse effects to humans or the environment 
including endemic species: Provided further, That such funds may not be 
made available unless the Secretary of State certifies to the 
Committees on Appropriations that complaints of harm to health or licit 
crops caused by such fumigation are evaluated and fair compensation is 
being paid for meritorious claims: Provided further, That such funds 
may not be made available for such purposes unless programs are being 
implemented by the United States Agency for International Development, 
the Government of Colombia, or other organizations, in consultation 
with local communities, to provide alternative sources of income in 
areas where security permits for small-acreage growers whose illicit 
crops are targeted for fumigation: Provided further, That of the funds 
appropriated under this heading, not less than $2,000,000 should be 
made available for programs to protect biodiversity and indigenous 
reserves in Colombia: Provided further, That funds appropriated by this 
Act may be used for aerial fumigation in Colombia's national parks or 
reserves only if the Secretary of State determines that it is in 
accordance with Colombian laws and that there are no effective 
alternatives to reduce drug cultivation in these areas: Provided 
further, That no United States Armed Forces personnel or United States 
civilian contractor employed by the United States will participate in 
any combat operation in connection with assistance made available by 
this Act for Colombia: Provided further, That funds appropriated under 
this heading that are made available for assistance for the Bolivian 
military may be made available for such purposes only if the Secretary 
of State certifies that the Bolivian military is respecting human 
rights, and civilian judicial authorities are investigating and 
prosecuting, with the military's cooperation, military personnel who 
have been implicated in gross violations of human rights: Provided 
further, That of the funds appropriated under this heading, not more 
than $19,015,000 may be available for administrative expenses of the 
Department of State, and not more than $7,800,000 may be available, in 
addition to amounts otherwise available for such purposes, for 
administrative expenses of the United States Agency for International 
Development.''.
    Sec. 596 of that Act stipulates that funds provided in certain 
accounts ``shall be made available for programs and countries in the 
amounts contained in the respective tables included'' in the conference 
report agreed to in the course of enactment of the Act. See H. Rept. 
109-265 of November 2, 2005, accompanying Public Law 109-102 (for 
allocation of Andean Counterdrug Initiative funds, see p. 99).
---------------------------------------------------------------------------
          (1) Limitation.--Except as provided in paragraph (2), 
        none of the funds appropriated or otherwise made 
        available by any Act shall be available for support of 
        Plan Colombia unless and until--
                  (A) the President submits a report to 
                Congress requesting the availability of such 
                funds; and
                  (B) Congress enacts a joint resolution 
                approving the request of the President under 
                subparagraph (A).
          (2) Exceptions.--The limitation in paragraph (1) does 
        not apply to--
                  (A) appropriations made by this Act, the 
                Foreign Operations, Export Financing, and 
                Related Programs Appropriations Act, 2001, the 
                Military Construction Appropriations Act, 2001, 
                the Commerce, Justice, State and the Judiciary 
                Appropriations Act, 2001, the Treasury and 
                General Government Appropriations Act, 2001, or 
                the Department of Defense Appropriations Act, 
                2001, for the purpose of support of Plan 
                Colombia; or
                  (B) the unobligated balances from any other 
                program used for their originally appropriated 
                purpose to combat drug production and 
                trafficking, foster peace, increase the rule of 
                law, improve human rights, expand economic 
                development, and institute justice reform in 
                the countries covered by Plan Colombia.
          (3) Waiver.--The limitations in subsection (a) may be 
        waived by an Act of Congress.
    (b) \3\ Limitation on Assignment of United States Personnel 
in Colombia.--
---------------------------------------------------------------------------
    \3\ Sec. 1021 of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2042) provided the following:
---------------------------------------------------------------------------

``sec. 1021. use of funds for unified counterdrug and counterterrorism 
campaign in colombia.
---------------------------------------------------------------------------

    ``(a) Authority.--(1) In fiscal years 2005 and 2006, funds 
available to the Department of Defense to provide assistance to the 
Government of Colombia may be used by the Secretary of Defense to 
support a unified campaign by the Government of Colombia against 
narcotics trafficking and against activities by organizations 
designated as terrorist organizations, such as the Revolutionary Armed 
Forces of Colombia (FARC), the National Liberation Army (ELN), and the 
United Self-Defense Forces of Colombia (AUC).
    ``(2) The authority to provide assistance for a campaign under this 
subsection includes authority to take actions to protect human health 
and welfare in emergency circumstances, including the undertaking of 
rescue operations.
    ``(b) Applicability of Certain Laws and Limitations.--The use of 
funds pursuant to the authority in subsection (a) shall be subject to 
the following:
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  ``(1) Sections 556, 567, and 568 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-
115; 115 Stat. 2160, 2165, and 2166).

  ``(2) Section 8076 of the Department of Defense Appropriations Act, 2005 
(Public Law 108-287; 118 Stat. 988).
---------------------------------------------------------------------------

    ``(c) Numerical Limitation on Assignment of United States 
Personnel.--Notwithstanding section 3204(b) of the Emergency 
Supplemental Act, 2000 (Division B of Public Law 106-246; 114 Stat. 
575), as amended by the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2002 (Public Law 107-115; 115 
Stat. 2131), the number of United States personnel assigned to conduct 
activities in Colombia in connection with support of Plan Colombia 
under subsection (a) in fiscal years 2005 and 2006 shall be subject to 
the following limitations:
---------------------------------------------------------------------------

  ``(1) The number of United States military personnel assigned for 
temporary or permanent duty in Colombia in connection with support of Plan 
Colombia may not exceed 800.

  ``(2) The number of United States individual citizens retained as 
contractors in Colombia in connection with support of Plan Colombia who are 
funded by Federal funds may not exceed 600.
---------------------------------------------------------------------------

    ``(d) Limitation on Participation of United States Personnel.--No 
United States Armed Forces personnel, United States civilian employees, 
or United States civilian contractor personnel employed by the United 
States may participate in any combat operation in connection with 
assistance using funds pursuant to the authority in subsection (a), 
except for the purpose of acting in self defense or of rescuing any 
United States citizen, including any United States Armed Forces 
personnel, United States civilian employee, or civilian contractor 
employed by the United States.
    ``(e) Relation to Other Authority.--The authority provided by 
subsection (a) is in addition to any other authority in law to provide 
assistance to the Government of Colombia.
    ``(f) Report on Relationships Between Terrorist Organizations in 
Colombia and Foreign Governments and Organizations.--(1) Not later than 
60 days after the date of the enactment of this Act, the Secretary of 
State, in consultation with the Secretary of Defense and the Director 
of Central Intelligence, shall submit to the congressional defense 
committees and the Committee on Foreign Relations of the Senate and the 
Committee on International Relations of the House of Representatives a 
report that describes--
---------------------------------------------------------------------------

  ``(A) any relationships between foreign governments or organizations and 
organizations based in Colombia that have been designated as foreign 
terrorist organizations under United States law, including the provision of 
any direct or indirect assistance to such organizations; and

  ``(B) United States policies that are designed to address such 
relationships.
---------------------------------------------------------------------------

    ``(2) The report under paragraph (1) shall be submitted in 
unclassified form, but may include a classified annex.''.
---------------------------------------------------------------------------
          (1) Limitation.--Except as provided in paragraph (2), 
        none of the funds appropriated or otherwise made 
        available by this or any other Act (including funds 
        described in subsection (c)) may be available for--
                  (A) the assignment of any United States 
                military personnel for temporary or permanent 
                duty in Colombia in connection with support of 
                Plan Colombia if that assignment would cause 
                the number of United States military personnel 
                so assigned in Colombia to exceed 400; \4\ or
---------------------------------------------------------------------------
    \4\ Title II, para. on Andean Counterdrug Initiative, of the 
Kenneth M. Ludden Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2131) 
struck out ``500'' and inserted in lieu thereof ``400''.
---------------------------------------------------------------------------
                  (B) the employment of any United States 
                individual civilian retained as a contractor in 
                Colombia if that employment would cause the 
                total number of United States individual 
                civilian contractors employed in Colombia in 
                support of Plan Colombia who are funded by 
                Federal funds to exceed 400.\5\
---------------------------------------------------------------------------
    \5\ Title II, para. on Andean Counterdrug Initiative, of the 
Kenneth M. Ludden Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2131) 
struck out ``300'' and inserted in lieu thereof ``400''.
---------------------------------------------------------------------------
          (2) Exception.--The limitation contained in paragraph 
        (1) shall not apply if--
                  (A) the President submits a report to 
                Congress requesting that the limitation not 
                apply; and
                  (B) Congress enacts a joint resolution 
                approving the request of the President under 
                subparagraph (A).
    (c) Waiver.--The President may waive the limitation in 
subsection (b)(1) for a single period of up to 90 days in the 
event that the Armed Forces of the United States are involved 
in hostilities or that imminent involvement by the Armed Forces 
of the United States in hostilities is clearly indicated by the 
circumstances.
    (d) Statutory Construction.--Nothing in this section may be 
construed to affect the authority of the President to carry out 
any emergency evacuation of United States citizens or any 
search or rescue operation for United States military personnel 
or other United States citizens.
    (e) Report on Support for Plan Colombia.--Not later than 
June 1, 2001, and not later than June 1 and December 1 of each 
of the succeeding 4 fiscal years, the President shall submit a 
report to Congress setting forth any costs (including 
incremental costs incurred by the Department of Defense) 
incurred by any department, agency, or other entity of the 
executive branch of Government during the two previous fiscal 
quarters in support of Plan Colombia. Each such report shall 
provide an itemization of expenditures by each such department, 
agency, or entity.
    (f) Bimonthly Reports.--Beginning within 90 days of the 
date of the enactment of this Act, and every 60 days 
thereafter, the President shall submit a report to Congress 
that shall include the aggregate number, locations, activities, 
and lengths of assignment for all temporary and permanent 
United States military personnel and United States individual 
civilians retained as contractors involved in the antinarcotics 
campaign in Colombia.
    (g) Congressional Priority Procedures.--
          (1) Joint resolutions defined.--
                  (A) For purposes of subsection (a)(1)(B), the 
                term ``joint resolution'' means only a joint 
                resolution introduced not later than 10 days of 
                the date on which the report of the President 
                under subsection (a)(1)(A) is received by 
                Congress, the matter after the resolving clause 
                of which is as follows: ``That Congress 
                approves the request of the President for 
                additional funds for Plan Colombia contained in 
                the report submitted by the President under 
                section 3204(a)(1) of the 2000 Emergency 
                Supplemental Appropriations Act.''.
                  (B) For purposes of subsection (b)(2)(B), the 
                term ``joint resolution'' means only a joint 
                resolution introduced not later than 10 days of 
                the date on which the report of the President 
                under subsection (a)(1)(A) is received by 
                Congress, the matter after the resolving clause 
                of which is as follows: ``That Congress 
                approves the request of the President for 
                exemption from the limitation applicable to the 
                assignment of personnel in Colombia contained 
                in the report submitted by the President under 
                section 3204(b)(2)(B) of the 2000 Emergency 
                Supplemental Appropriations Act.''.
          (2) Procedures.--Except as provided in subparagraph 
        (B), a joint resolution described in paragraph (1)(A) 
        or (1)(B) shall be considered in a House of Congress in 
        accordance with the procedures applicable to joint 
        resolutions under paragraphs (3) through (8) of section 
        8066(c) of the Department of Defense Appropriations 
        Act, 1985 (as contained in Public Law 98-473; 98 Stat. 
        1936).
    (h) Plan Colombia Defined.--In this section, the term 
``Plan Colombia'' means the plan of the Government of Colombia 
instituted by the administration of President Pastrana to 
combat drug production and trafficking, foster peace, increase 
the rule of law, improve human rights, expand economic 
development, and institute justice reform.
    Sec. 3205. (a) Denial of Visas for Persons Credibly Alleged 
To Have Aided and Abetted Colombian Insurgent and Paramilitary 
Groups.--None of the funds appropriated or otherwise made 
available in this Act for any fiscal year for the Department of 
State may be used to issue visas to any person who has been 
credibly alleged to have provided direct or indirect support to 
the Revolutionary Armed Forces of Colombia (FARC), the National 
Liberation Army (ELN), or the United Colombian Self Defense 
organization (AUC), including conspiracy to allow, facilitate, 
or promote the illegal activities of such groups.
    (b) Exemption.--Subsection (a) shall not apply if the 
Secretary of State finds, on a case-by-case basis, that the 
entry into the United States of a person who would otherwise be 
excluded under this section is necessary for medical reasons, 
or to permit the prosecution of such person in the United 
States, or the person has cooperated fully with the 
investigation of crimes committed by individuals associated 
with the Revolutionary Armed Forces of Colombia (FARC), the 
National Liberation Army (ELN), or the United Colombian Self 
Defense organization (AUC).
    (c) Waiver.--The President may waive the limitation in 
subsection (a) if the President determines that the waiver is 
in the national interest.
    Sec. 3206. Limitation on Supplemental Funds for Population 
Planning.--Amounts appropriated under this division or under 
any other provision of law for fiscal year 2000 that are in 
addition to the funds made available under title II of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2000 (as enacted into law by section 
1000(a)(2) of Public Law 106-113) shall be deemed to have been 
appropriated under title II of such Act and shall be subject to 
all limitations and restrictions contained in section 599D of 
such Act, notwithstanding section 543 of such Act.
    Sec. 3207. Declaration of Support. (a) Certification 
Required.--Assistance may be made available for Colombia in 
fiscal years 2000 and 2001 only if the Secretary of State 
certifies to the appropriate congressional committees, before 
the initial obligation of such assistance in each such fiscal 
year, that the United States Government publicly supports the 
military and political efforts of the Government of Colombia, 
consistent with human rights conditions in section 3101, 
necessary to effectively resolve the conflicts with the 
guerrillas and paramilitaries that threaten the territorial 
integrity, economic prosperity, and rule of law in Colombia.
    (b) Definitions.--In this section:
          (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means the 
        following:
                  (A) The Committees on Appropriations and 
                Foreign Relations of the Senate.
                  (B) The Committees on Appropriations and 
                International Relations of the House of 
                Representatives.
          (2) Assistance.--The term ``assistance'' means 
        assistance appropriated under this heading for fiscal 
        years 2000 and 2001, and provided under the following 
        provisions of law:
                  (A) Section 1004 of the National Defense 
                Authorization Act for Fiscal Year 1991 (Public 
                Law 101-510; relating to counter-drug 
                assistance).
                  (B) Section 1033 of the National Defense 
                Authorization Act for Fiscal Year 1998 (Public 
                Law 105-85; relating to counter-drug assistance 
                to Colombia and Peru).
                  (C) Section 23 of the Arms Export Control Act 
                (Public Law 90-629; relating to credit sales).
                  (D) Section 481 of the Foreign Assistance Act 
                of 1961 (Public Law 87-195; relating to 
                international narcotics control).
                  (E) Section 506 of the Foreign Assistance Act 
                of 1961 (Public Law 87-195; relating to 
                emergency drawdown authority).
          * * * * * * *
    This division may be cited as the ``Emergency Supplemental 
Act, 2000''.
          * * * * * * *
   (2) Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996

Partial text of Public Law 104-114 [H.R. 927], 110 Stat. 785, approved 
 March 12, 1996; amended by Public Law 105-277 [Foreign Affairs Reform 
  and Restructuring Act of 1998; H.R. 4328], 112 Stat. 2681, approved 
                            October 21, 1998

AN ACT To seek international sanctions against the Castro government in 
   Cuba, to plan for support of a transition government leading to a 
   democratically elected government in Cuba, and for other purposes.

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

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

    (a) Short Title.--This Act may be cited as the ``Cuban 
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 6021 note.
---------------------------------------------------------------------------
    (b) Table of Contents.--The table of contents of this Act 
is as follows:
                                                                    Page

Sec. 1. Short title; table of contents............................   227
Sec. 2. Findings..................................................   228
Sec. 3. Purposes..................................................   231
Sec. 4. Definitions...............................................   231
Sec. 5. Severability..............................................   234

   TITLE I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO 
                               GOVERNMENT

Sec. 101. Statement of policy.....................................   234
Sec. 102. Enforcement of the economic embargo of Cuba.............   235
Sec. 103. Prohibition against indirect financing of Cuba..........   236
Sec. 104. United States opposition to Cuban membership in 
    international financial institutions..........................   236
Sec. 105. United States opposition to termination of the 
    suspension of the Cuban Government from participation in the 
    Organization of American States...............................   237
Sec. 106. Assistance by the independent states of the former 
    Soviet Union for the Cuban Government.........................   237
Sec. 107. Television broadcasting to Cuba.........................   238
Sec. 108. Reports on commerce with, and assistance to, Cuba from 
    other foreign countries.......................................   238
Sec. 109. Authorization of support for democratic and human rights 
    groups and international observers............................   239
Sec. 110. Importation safeguard against certain Cuban products....   240
Sec. 111. Withholding of foreign assistance from countries 
    supporting Juragua nuclear plant in Cuba......................   241
Sec. 112. Reinstitution of family remittances and travel to Cuba..   243
Sec. 113. Expulsion of criminals from Cuba........................   243
Sec. 114. News bureaus in Cuba....................................   243
Sec. 115. Effect of Act on lawful United States Government 
    activities....................................................   244
Sec. 116. Condemnation of Cuban attack on American aircraft.......   244

           TITLE II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA

Sec. 201. Policy toward a transition government and a 
    democratically elected government in Cuba.....................   246
Sec. 202. Assistance for the Cuban people.........................   247
Sec. 203. Coordination of assistance program; implementation and 
    reports to Congress; reprogramming............................   250
Sec. 204. Termination of the economic embargo of Cuba.............   251
Sec. 205. Requirements  and  factors  for  determining  a  
    transition  government........................................   252
Sec. 206. Requirements  for  determining  a  democratically  
    elected  government...........................................   254
Sec. 207. Settlement of outstanding United States claims to 
    confiscated property in Cuba..................................   254

   TITLE III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS

Sec. 301. Findings................................................   255
Sec. 302. Liability for trafficking in confiscated property 
    claimed by United States nationals............................   256
Sec. 303. Proof of ownership of claims to confiscated property....   261
Sec. 304. Exclusivity of Foreign Claims Settlement Commission 
    certification procedure.......................................   262
Sec. 305. Limitation of actions...................................   263
Sec. 306. Effective date..........................................   263

                  TITLE IV--EXCLUSION OF CERTAIN ALIENS

Sec. 401. Exclusion from the United States of aliens who have 
    confiscated property of United States nationals or who traffic 
    in such property..............................................   264

SEC. 2.\2\ FINDINGS.

    The Congress makes the following findings:
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 6021.
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          (1) The economy of Cuba has experienced a decline of 
        at least 60 percent in the last 5 years as a result 
        of--
                  (A) the end of its subsidization by the 
                former Soviet Union of between 5 billion and 6 
                billion dollars annually;
                  (B) 36 years of communist tyranny and 
                economic mismanagement by the Castro 
                government;
                  (C) the extreme decline in trade between Cuba 
                and the countries of the former Soviet bloc; 
                and
                  (D) the stated policy of the Russian 
                Government and the countries of the former 
                Soviet bloc to conduct economic relations with 
                Cuba on strictly commercial terms.
          (2) At the same time, the welfare and health of the 
        Cuban people have substantially deteriorated as a 
        result of this economic decline and the refusal of the 
        Castro regime to permit free and fair democratic 
        elections in Cuba.
          (3) The Castro regime has made it abundantly clear 
        that it will not engage in any substantive political 
        reforms that would lead to democracy, a market economy, 
        or an economic recovery.
          (4) The repression of the Cuban people, including a 
        ban on free and fair democratic elections, and 
        continuing violations of fundamental human rights, have 
        isolated the Cuban regime as the only completely 
        nondemocratic government in the Western Hemisphere.
          (5) As long as free elections are not held in Cuba, 
        the economic condition of the country and the welfare 
        of the Cuban people will not improve in any significant 
        way.
          (6) The totalitarian nature of the Castro regime has 
        deprived the Cuban people of any peaceful means to 
        improve their condition and has led thousands of Cuban 
        citizens to risk or lose their lives in dangerous 
        attempts to escape from Cuba to freedom.
          (7) Radio Marti and Television Marti have both been 
        effective vehicles for providing the people of Cuba 
        with news and information and have helped to bolster 
        the morale of the people of Cuba living under tyranny.
          (8) The consistent policy of the United States 
        towards Cuba since the beginning of the Castro regime, 
        carried out by both Democratic and Republican 
        administrations, has sought to keep faith with the 
        people of Cuba, and has been effective in sanctioning 
        the totalitarian Castro regime.
          (9) The United States has shown a deep commitment, 
        and considers it a moral obligation, to promote and 
        protect human rights and fundamental freedoms as 
        expressed in the Charter of the United Nations and in 
        the Universal Declaration of Human Rights.
          (10) The Congress has historically and consistently 
        manifested its solidarity and the solidarity of the 
        American people with the democratic aspirations of the 
        Cuban people.
          (11) The Cuban Democracy Act of 1992 calls upon the 
        President to encourage the governments of countries 
        that conduct trade with Cuba to restrict their trade 
        and credit relations with Cuba in a manner consistent 
        with the purposes of that Act.
          (12) Amendments to the Foreign Assistance Act of 1961 
        made by the FREEDOM Support Act require that the 
        President, in providing economic assistance to Russia 
        and the emerging Eurasian democracies, take into 
        account the extent to which they are acting to 
        ``terminate support for the communist regime in Cuba, 
        including removal of troops, closing military 
        facilities, and ceasing trade subsidies and economic, 
        nuclear, and other assistance''.
          (13) The Cuban Government engages in the illegal 
        international narcotics trade and harbors fugitives 
        from justice in the United States.
          (14) The Castro government threatens international 
        peace and security by engaging in acts of armed 
        subversion and terrorism such as the training and 
        supplying of groups dedicated to international 
        violence.
          (15) The Castro government has utilized from its 
        inception and continues to utilize torture in various 
        forms (including by psychiatry), as well as execution, 
        exile, confiscation, political imprisonment, and other 
        forms of terror and repression, as means of retaining 
        power.
          (16) Fidel Castro has defined democratic pluralism as 
        ``pluralistic garbage'' and continues to make clear 
        that he has no intention of tolerating the 
        democratization of Cuban society.
          (17) The Castro government holds innocent Cubans 
        hostage in Cuba by no fault of the hostages themselves 
        solely because relatives have escaped the country.
          (18) Although a signatory state to the 1928 Inter-
        American Convention on Asylum and the International 
        Covenant on Civil and Political Rights (which protects 
        the right to leave one's own country), Cuba 
        nevertheless surrounds embassies in its capital by 
        armed forces to thwart the right of its citizens to 
        seek asylum and systematically denies that right to the 
        Cuban people, punishing them by imprisonment for 
        seeking to leave the country and killing them for 
        attempting to do so (as demonstrated in the case of the 
        confirmed murder of over 40 men, women, and children 
        who were seeking to leave Cuba on July 13, 1994).
          (19) The Castro government continues to utilize 
        blackmail, such as the immigration crisis with which it 
        threatened the United States in the summer of 1994, and 
        other unacceptable and illegal forms of conduct to 
        influence the actions of sovereign states in the 
        Western Hemisphere in violation of the Charter of the 
        Organization of American States and other international 
        agreements and international law.
          (20) The United Nations Commission on Human Rights 
        has repeatedly reported on the unacceptable human 
        rights situation in Cuba and has taken the 
        extraordinary step of appointing a Special Rapporteur.
          (21) The Cuban Government has consistently refused 
        access to the Special Rapporteur and formally expressed 
        its decision not to ``implement so much as one comma'' 
        of the United Nations Resolutions appointing the 
        Rapporteur.
          (22) The United Nations General Assembly passed 
        Resolution 47-139 on December 18, 1992, Resolution 48-
        142 on December 20, 1993, and Resolution 49-200 on 
        December 23, 1994, referencing the Special Rapporteur's 
        reports to the United Nations and condemning violations 
        of human rights and fundamental freedoms in Cuba.
          (23) Article 39 of Chapter VII of the United Nations 
        Charter provides that the United Nations Security 
        Council ``shall determine the existence of any threat 
        to the peace, breach of the peace, or act of aggression 
        and shall make recommendations, or decide what measures 
        shall be taken . . ., to maintain or restore 
        international peace and security.''.
          (24) The United Nations has determined that massive 
        and systematic violations of human rights may 
        constitute a ``threat to peace'' under Article 39 and 
        has imposed sanctions due to such violations of human 
        rights in the cases of Rhodesia, South Africa, Iraq, 
        and the former Yugoslavia.
          (25) In the case of Haiti, a neighbor of Cuba not as 
        close to the United States as Cuba, the United States 
        led an effort to obtain and did obtain a United Nations 
        Security Council embargo and blockade against that 
        country due to the existence of a military dictatorship 
        in power less than 3 years.
          (26) United Nations Security Council Resolution 940 
        of July 31, 1994, subsequently authorized the use of 
        ``all necessary means'' to restore the ``democratically 
        elected government of Haiti'', and the democratically 
        elected government of Haiti was restored to power on 
        October 15, 1994.
          (27) The Cuban people deserve to be assisted in a 
        decisive manner to end the tyranny that has oppressed 
        them for 36 years, and the continued failure to do so 
        constitutes ethically improper conduct by the 
        international community.
          (28) For the past 36 years, the Cuban Government has 
        posed and continues to pose a national security threat 
        to the United States.

SEC. 3.\3\ PURPOSES.

    The purposes of this Act are--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 6022.
---------------------------------------------------------------------------
          (1) to assist the Cuban people in regaining their 
        freedom and prosperity, as well as in joining the 
        community of democratic countries that are flourishing 
        in the Western Hemisphere;
          (2) to strengthen international sanctions against the 
        Castro government;
          (3) to provide for the continued national security of 
        the United States in the face of continuing threats 
        from the Castro government of terrorism, theft of 
        property from United States nationals by the Castro 
        government, and the political manipulation by the 
        Castro government of the desire of Cubans to escape 
        that results in mass migration to the United States;
          (4) to encourage the holding of free and fair 
        democratic elections in Cuba, conducted under the 
        supervision of internationally recognized observers;
          (5) to provide a policy framework for United States 
        support to the Cuban people in response to the 
        formation of a transition government or a 
        democratically elected government in Cuba; and
          (6) to protect United States nationals against 
        confiscatory takings and the wrongful trafficking in 
        property confiscated by the Castro regime.

SEC. 4.\4\ DEFINITIONS.

    As used in this Act, the following terms have the following 
meanings:
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 6023.
---------------------------------------------------------------------------
          (1) Agency or instrumentality of a foreign state.--
        The term ``agency or instrumentality of a foreign 
        state'' has the meaning given that term in section 
        1603(b) of title 28, United States Code.
          (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on International Relations and the Committee 
        on Appropriations of the House of Representatives and 
        the Committee on Foreign Relations and the Committee on 
        Appropriations of the Senate.
          (3) Commercial activity.--The term ``commercial 
        activity'' has the meaning given that term in section 
        1603(d) of title 28, United States Code.
          (4) Confiscated.--As used in titles I and III, the 
        term ``confiscated'' refers to--
                  (A) the nationalization, expropriation, or 
                other seizure by the Cuban Government of 
                ownership or control of property, on or after 
                January 1, 1959--
                          (i) without the property having been 
                        returned or adequate and effective 
                        compensation provided; or
                          (ii) without the claim to the 
                        property having been settled pursuant 
                        to an international claims settlement 
                        agreement or other mutually accepted 
                        settlement procedure; and
                  (B) the repudiation by the Cuban Government 
                of, the default by the Cuban Government on, or 
                the failure of the Cuban Government to pay, on 
                or after January 1, 1959--
                          (i) a debt of any enterprise which 
                        has been nationalized, expropriated, or 
                        otherwise taken by the Cuban 
                        Government;
                          (ii) a debt which is a charge on 
                        property nationalized, expropriated, or 
                        otherwise taken by the Cuban 
                        Government; or
                          (iii) a debt which was incurred by 
                        the Cuban Government in satisfaction or 
                        settlement of a confiscated property 
                        claim.
          (5) Cuban government.--(A) The term ``Cuban 
        Government'' includes the government of any political 
        subdivision of Cuba, and any agency or instrumentality 
        of the Government of Cuba.
          (B) For purposes of subparagraph (A), the term 
        ``agency or instrumentality of the Government of Cuba'' 
        means an agency or instrumentality of a foreign state 
        as defined in section 1603(b) of title 28, United 
        States Code, with each reference in such section to ``a 
        foreign state'' deemed to be a reference to ``Cuba''.
          (6) Democratically elected government in cuba.--The 
        term ``democratically elected government in Cuba'' 
        means a government determined by the President to have 
        met the requirements of section 206.
          (7) Economic embargo of cuba.--The term ``economic 
        embargo of Cuba'' refers to--
                  (A) the economic embargo (including all 
                restrictions on trade or transactions with, and 
                travel to or from, Cuba, and all restrictions 
                on transactions in property in which Cuba or 
                nationals of Cuba have an interest) that was 
                imposed against Cuba pursuant to section 620(a) 
                of the Foreign Assistance Act of 1961 (22 
                U.S.C. 2370(a)), section 5(b) of the Trading 
                with the Enemy Act (50 U.S.C. App. 5(b)), the 
                Cuban Democracy Act of 1992 (22 U.S.C. 6001 and 
                following), or any other provision of law; and
                  (B) the restrictions imposed by section 
                902(c) of the Food Security Act of 1985.
          (8) Foreign national.--The term ``foreign national'' 
        means--
                  (A) an alien; or
                  (B) any corporation, trust, partnership, or 
                other juridical entity not organized under the 
                laws of the United States, or of any State, the 
                District of Columbia, or any commonwealth, 
                territory, or possession of the United States.
          (9) Knowingly.--The term ``knowingly'' means with 
        knowledge or having reason to know.
          (10) Official of the cuban government or the ruling 
        political party in cuba.--The term ``official of the 
        Cuban Government or the ruling political party in 
        Cuba'' refers to any member of the Council of 
        Ministers, Council of State, central committee of the 
        Communist Party of Cuba, or the Politburo of Cuba, or 
        their equivalents.
          (11) Person.--The term ``person'' means any person or 
        entity, including any agency or instrumentality of a 
        foreign state.
          (12) Property.--(A) The term ``property'' means any 
        property (including patents, copyrights, trademarks, 
        and any other form of intellectual property), whether 
        real, personal, or mixed, and any present, future, or 
        contingent right, security, or other interest therein, 
        including any leasehold interest.
          (B) For purposes of title III of this Act, the term 
        ``property'' does not include real property used for 
        residential purposes unless, as of the date of the 
        enactment of this Act--
                  (i) the claim to the property is held by a 
                United States national and the claim has been 
                certified under title V of the International 
                Claims Settlement Act of 1949; or
                  (ii) the property is occupied by an official 
                of the Cuban Government or the ruling political 
                party in Cuba.
          (13) Traffics.--(A) As used in title III, and except 
        as provided in subparagraph (B), a person ``traffics'' 
        in confiscated property if that person knowingly and 
        intentionally--
                  (i) sells, transfers, distributes, dispenses, 
                brokers, manages, or otherwise disposes of 
                confiscated property, or purchases, leases, 
                receives, possesses, obtains control of, 
                manages, uses, or otherwise acquires or holds 
                an interest in confiscated property,
                  (ii) engages in a commercial activity using 
                or otherwise benefiting from confiscated 
                property, or (iii) causes, directs, 
                participates in, or profits from, trafficking 
                (as described in clause (i) or (ii)) by another 
                person, or otherwise engages in trafficking (as 
                described in clause (i) or (ii)) through 
                another person, without the authorization of 
                any United States national who holds a claim to 
                the property.
          (B) The term ``traffics'' does not include--
                  (i) the delivery of international 
                telecommunication signals to Cuba;
                  (ii) the trading or holding of securities 
                publicly traded or held, unless the trading is 
                with or by a person determined by the Secretary 
                of the Treasury to be a specially designated 
                national;
                  (iii) transactions and uses of property 
                incident to lawful travel to Cuba, to the 
                extent that such transactions and uses of 
                property are necessary to the conduct of such 
                travel; or
                  (iv) transactions and uses of property by a 
                person who is both a citizen of Cuba and a 
                resident of Cuba, and who is not an official of 
                the Cuban Government or the ruling political 
                party in Cuba.
          (14) Transition government in cuba.--The term 
        ``transition government in Cuba'' means a government 
        that the President determines is a transition 
        government consistent with the requirements and factors 
        set forth in section 205.
          (15) United states national.--The term ``United 
        States national'' means--
                  (A) any United States citizen; or
                  (B) any other legal entity which is organized 
                under the laws of the United States, or of any 
                State, the District of Columbia, or any 
                commonwealth, territory, or possession of the 
                United States, and which has its principal 
                place of business in the United States.

SEC. 5.\5\ SEVERABILITY.

    If any provision of this Act or the amendments made by this 
Act or the application thereof to any person or circumstance is 
held invalid, the remainder of this Act, the amendments made by 
this Act, or the application thereof to other persons not 
similarly situated or to other circumstances shall not be 
affected by such invalidation.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 6024.
---------------------------------------------------------------------------

   TITLE I--STRENGTHENING INTERNATIONAL SANCTIONS AGAINST THE CASTRO 
                               GOVERNMENT

SEC. 101.\6\ STATEMENT OF POLICY.

    It is the sense of the Congress that--
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 6031.
---------------------------------------------------------------------------
          (1) the acts of the Castro government, including its 
        massive, systematic, and extraordinary violations of 
        human rights, are a threat to international peace;
          (2) the President should advocate, and should 
        instruct the United States Permanent Representative to 
        the United Nations to propose and seek within the 
        Security Council, a mandatory international embargo 
        against the totalitarian Cuban Government pursuant to 
        chapter VII of the Charter of the United Nations, 
        employing efforts similar to consultations conducted by 
        United States representatives with respect to Haiti;
          (3) any resumption of efforts by any independent 
        state of the former Soviet Union to make operational 
        any nuclear facilities in Cuba, and any continuation of 
        intelligence activities by such a state from Cuba that 
        are targeted at the United States and its citizens will 
        have a detrimental impact on United States assistance 
        to such state; and
          (4) in view of the threat to the national security 
        posed by the operation of any nuclear facility, and the 
        Castro government's continuing blackmail to unleash 
        another wave of Cuban refugees fleeing from Castro's 
        oppression, most of whom find their way to United 
        States shores, further depleting limited humanitarian 
        and other resources of the United States, the President 
        should do all in his power to make it clear to the 
        Cuban Government that--
                  (A) the completion and operation of any 
                nuclear power facility, or
                  (B) any further political manipulation of the 
                desire of Cubans to escape that results in mass 
                migration to the United States,
        will be considered an act of aggression which will be 
        met with an appropriate response in order to maintain 
        the security of the national borders of the United 
        States and the health and safety of the American 
        people.

SEC. 102.\7\ ENFORCEMENT OF THE ECONOMIC EMBARGO OF CUBA.

    (a) Policy.--
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 6032.
---------------------------------------------------------------------------
          (1) Restrictions by other countries.--The Congress 
        hereby reaffirms section 1704(a) of the Cuban Democracy 
        Act of 1992, which states that the President should 
        encourage foreign countries to restrict trade and 
        credit relations with Cuba in a manner consistent with 
        the purposes of that Act.
          (2) Sanctions on other countries.--The Congress 
        further urges the President to take immediate steps to 
        apply the sanctions described in section 1704(b)(1) of 
        that Act against countries assisting Cuba.
    (b) Diplomatic Efforts.--The Secretary of State should 
ensure that United States diplomatic personnel abroad 
understand and, in their contacts with foreign officials, are 
communicating the reasons for the United States economic 
embargo of Cuba, and are urging foreign governments to 
cooperate more effectively with the embargo.
    (c) Existing Regulations.--The President shall instruct the 
Secretary of the Treasury and the Attorney General to enforce 
fully the Cuban Assets Control Regulations set forth in part 
515 of title 31, Code of Federal Regulations.
    (d) \8\ Trading with the Enemy Act.--
---------------------------------------------------------------------------
    \8\ For amended section of Trading with the Enemy Act, see 
Legislation on Foreign Relations Through 2005, vol. III.
---------------------------------------------------------------------------
          (1) Civil penalties.--Subsection (b) of section 16 of 
        the Trading with the Enemy Act (50 U.S.C. App. 16(b)), 
        as added by Public Law 102-484, is amended to read as 
        follows: * * *
          (2) Conforming amendment; criminal forfeiture.--
        Section 16 of the Trading with the Enemy Act is further 
        amended by striking subsection (b), as added by Public 
        Law 102-393.
          (3) Clerical amendments.--Section 16 of the Trading 
        with the Enemy Act is further amended--* * *
    (e) Denial of Visas to Certain Cuban Nationals.--It is the 
sense of the Congress that the President should instruct the 
Secretary of State and the Attorney General to enforce fully 
existing regulations to deny visas to Cuban nationals 
considered by the Secretary of State to be officers or 
employees of the Cuban Government or of the Communist Party of 
Cuba.
    (f) \9\ Coverage of Debt-for-Equity Swaps by Economic 
Embargo of Cuba.--Section 1704(b)(2) of the Cuban Democracy Act 
of 1992 (22 U.S.C. 6003(b)(2)) is amended--* * *
---------------------------------------------------------------------------
    \9\ For the Cuban Democracy Act of 1992, as amended, see 
Legislation on Foreign Relations Through 2005, vol. III.
---------------------------------------------------------------------------
    (g) Telecommunications services.--Section 1705(e) of the 
Cuban Democracy Act of 1992 (22 U.S.C. 6004(e)) is amended by 
adding at the end the following new paragraphs: * * *
    (h) Codification of Economic Embargo.--The economic embargo 
of Cuba, as in effect on March 1, 1996, including all 
restrictions under part 515 of title 31, Code of Federal 
Regulations, shall be in effect upon the enactment of this Act, 
and shall remain in effect, subject to section 204 of this Act.

SEC. 103.\10\ PROHIBITION AGAINST INDIRECT FINANCING OF CUBA.

    (a) Prohibition.--Notwithstanding any other provision of 
law, no loan, credit, or other financing may be extended 
knowingly by a United States national, a permanent resident 
alien, or a United States agency to any person for the purpose 
of financing transactions involving any confiscated property 
the claim to which is owned by a United States national as of 
the date of the enactment of this Act, except for financing by 
the United States national owning such claim for a transaction 
permitted under United States law.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 6033.
---------------------------------------------------------------------------
    (b) Suspension and Termination of Prohibition.--
          (1) Suspension.--The President is authorized to 
        suspend the prohibition contained in subsection (a) 
        upon a determination made under section 203(c)(1) that 
        a transition government in Cuba is in power.
          (2) Termination.--The prohibition contained in 
        subsection (a) shall cease to apply on the date on 
        which the economic embargo of Cuba terminates as 
        provided in section 204.
    (c) Penalties.--Violations of subsection (a) shall be 
punishable by such civil penalties as are applicable to 
violations of the Cuban Assets Control Regulations set forth in 
part 515 of title 31, Code of Federal Regulations.
    (d) Definitions.--As used in this section--
          (1) the term ``permanent resident alien'' means an 
        alien lawfully admitted for permanent residence into 
        the United States; and
          (2) the term ``United States agency'' has the meaning 
        given the term ``agency'' in section 551(1) of title 5, 
        United States Code.

SEC. 104.\11\ UNITED STATES OPPOSITION TO CUBAN MEMBERSHIP IN 
                    INTERNATIONAL FINANCIAL INSTITUTIONS.

    (a) Continued Opposition to Cuban Membership in 
International Financial Institutions.--
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 6034.
---------------------------------------------------------------------------
          (1) In general.--Except as provided in paragraph (2), 
        the Secretary of the Treasury shall instruct the United 
        States executive director of each international 
        financial institution to use the voice and vote of the 
        United States to oppose the admission of Cuba as a 
        member of such institution until the President submits 
        a determination under section 203(c)(3) that a 
        democratically elected government in Cuba is in power.
          (2) Transition government.--Once the President 
        submits a determination under section 203(c)(1) that a 
        transition government in Cuba is in power--
                  (A) the President is encouraged to take steps 
                to support the processing of Cuba's application 
                for membership in any international financial 
                institution, subject to the membership taking 
                effect after a democratically elected 
                government in Cuba is in power, and
                  (B) the Secretary of the Treasury is 
                authorized to instruct the United States 
                executive director of each international 
                financial institution to support loans or other 
                assistance to Cuba only to the extent that such 
                loans or assistance contribute to a stable 
                foundation for a democratically elected 
                government in Cuba.
    (b) Reduction in United States Payments to International 
Financial Institutions.--If any international financial 
institution approves a loan or other assistance to the Cuban 
Government over the opposition of the United States, then the 
Secretary of the Treasury shall withhold from payment to such 
institution an amount equal to the amount of the loan or other 
assistance, with respect to either of the following types of 
payment:
          (1) The paid-in portion of the increase in capital 
        stock of the institution.
          (2) The callable portion of the increase in capital 
        stock of the institution.
    (c) Definition.--For purposes of this section, the term 
``international financial institution'' means the International 
Monetary Fund, the International Bank for Reconstruction and 
Development, the International Development Association, the 
International Finance Corporation, the Multilateral Investment 
Guaranty Agency, and the Inter-American Development Bank.

SEC. 105.\12\ UNITED STATES OPPOSITION TO TERMINATION OF THE SUSPENSION 
                    OF THE CUBAN GOVERNMENT FROM PARTICIPATION IN THE 
                    ORGANIZATION OF AMERICAN STATES.

    The President should instruct the United States Permanent 
Representative to the Organization of American States to oppose 
and vote against any termination of the suspension of the Cuban 
Government from participation in the Organization until the 
President determines under section 203(c)(3) that a 
democratically elected government in Cuba is in power.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 6035.
---------------------------------------------------------------------------

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

          TITLE II--ASSISTANCE TO A FREE AND INDEPENDENT CUBA

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

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

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

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

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

    (a) Coordinating Official.--The President shall designate a 
coordinating official who shall be responsible for--
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    \28\ 22 U.S.C. 6063.
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          (1) implementing the strategy for distributing 
        assistance described in section 202(b);
          (2) ensuring the speedy and efficient distribution of 
        such assistance; and
          (3) ensuring coordination among, and appropriate 
        oversight by, the agencies of the United States that 
        provide assistance described in section 202(b), 
        including resolving any disputes among such agencies.
    (b) United States--Cuba Council.--Upon making a 
determination under subsection (c)(3) that a democratically 
elected government in Cuba is in power, the President, after 
consultation with the coordinating official, is authorized to 
designate a United States-Cuba council--
          (1) to ensure coordination between the United States 
        Government and the private sector in responding to 
        change in Cuba, and in promoting market-based 
        development in Cuba; and
          (2) to establish periodic meetings between 
        representatives of the United States and Cuban private 
        sectors for the purpose of facilitating bilateral 
        trade.
    (c) Implementation of Plan; Reports to Congress.--
          (1) Implementation with respect to transition 
        government.--Upon making a determination that a 
        transition government in Cuba is in power, the 
        President shall transmit that determination to the 
        appropriate congressional committees and shall, subject 
        to an authorization of appropriations and subject to 
        the availability of appropriations, commence the 
        delivery and distribution of assistance to such 
        transition government under the plan developed under 
        section 202(b).
          (2) Reports to congress.--(A) The President shall 
        transmit to the appropriate congressional committees a 
        report setting forth the strategy for providing 
        assistance described in section 202(b)(2) (A) and (C) 
        to the transition government in Cuba under the plan of 
        assistance developed under section 202(b), the types of 
        such assistance, and the extent to which such 
        assistance has been distributed in accordance with the 
        plan.
          (B) The President shall transmit the report not later 
        than 90 days after making the determination referred to 
        in paragraph (1), except that the President shall 
        transmit the report in preliminary form not later than 
        15 days after making that determination.
          (3) Implementation with respect to democratically 
        elected government.--The President shall, upon 
        determining that a democratically elected government in 
        Cuba is in power, submit that determination to the 
        appropriate congressional committees and shall, subject 
        to an authorization of appropriations and subject to 
        the availability of appropriations, commence the 
        delivery and distribution of assistance to such 
        democratically elected government under the plan 
        developed under section 202(b).
          (4) Annual reports to congress.--Not later than 60 
        days after the end of each fiscal year, the President 
        shall transmit to the appropriate congressional 
        committees a report on the assistance provided under 
        the plan developed under section 202(b), including a 
        description of each type of assistance, the amounts 
        expended for such assistance, and a description of the 
        assistance to be provided under the plan in the current 
        fiscal year.
    (d) Reprogramming.--Any changes in the assistance to be 
provided under the plan developed under section 202(b) may not 
be made unless the President notifies the appropriate 
congressional committees at least 15 days in advance in 
accordance with the procedures applicable to reprogramming 
notifications under section 634A of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2394-1).

SEC. 204.\29\ TERMINATION OF THE ECONOMIC EMBARGO OF CUBA.

    (a) Presidential Actions.--Upon submitting a determination 
to the appropriate congressional committees under section 
203(c)(1) that a transition government in Cuba is in power, the 
President, after consultation with the Congress, is authorized 
to take steps to suspend the economic embargo of Cuba and to 
suspend the right of action created in section 302 with respect 
to actions thereafter filed against the Cuban Government, to 
the extent that such steps contribute to a stable foundation 
for a democratically elected government in Cuba.
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    \29\ 22 U.S.C. 6064.
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    (b) Suspension of Certain Provisions of Law.--In carrying 
out subsection (a), the President may suspend the enforcement 
of--
          (1) section 620(a) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2370(a));
          (2) section 620(f) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2370(f)) with respect to the ``Republic 
        of Cuba'';
          (3) sections 1704, 1705(d), and 1706 of the Cuban 
        Democracy Act of 1992 (22 U.S.C. 6003, 6004(d), and 
        6005);
          (4) section 902(c) of the Food Security Act of 1985; 
        and
          (5) the prohibitions on transactions described in 
        part 515 of title 31, Code of Federal Regulations.
    (c) Additional Presidential Actions.--Upon submitting a 
determination to the appropriate congressional committees under 
section 203(c)(3) that a democratically elected government in 
Cuba is in power, the President shall take steps to terminate 
the economic embargo of Cuba, including the restrictions under 
part 515 of title 31, Code of Federal Regulations.
    (d) Conforming Amendments.--On the date on which the 
President submits a determination under section 203(c)(3)--
          (1) section 620(a) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2370(a)) is repealed;
          (2) section 620(f) of the Foreign Assistance Act of 
        1961 (22 U.S.C. 2370(f)) is amended by striking 
        ``Republic of Cuba'';
          (3) sections 1704, 1705(d), and 1706 of the Cuban 
        Democracy Act of 1992 (22 U.S.C. 6003, 6004(d), and 
        6005) are repealed; and
          (4) section 902(c) of the Food Security Act of 1985 
        is repealed.\30\
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    \30\ 7 U.S.C. 1446g note.
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    (e) Review of Suspension of Economic Embargo.--
          (1) Review.--If the President takes action under 
        subsection (a) to suspend the economic embargo of Cuba, 
        the President shall immediately so notify the Congress. 
        The President shall report to the Congress no less 
        frequently than every 6 months thereafter, until he 
        submits a determination under section 203(c)(3) that a 
        democratically elected government in Cuba is in power, 
        on the progress being made by Cuba toward the 
        establishment of such a democratically elected 
        government. The action of the President under 
        subsection (a) shall cease to be effective upon the 
        enactment of a joint resolution described in paragraph 
        (2).
          (2) Joint Resolutions.--For purposes of this 
        subsection, the term ``joint resolution'' means only a 
        joint resolution of the 2 Houses of Congress, the 
        matter after the resolving clause of which is as 
        follows: ``That the Congress disapproves the action of 
        the President under section 204(a) of the Cuban Liberty 
        and Democratic Solidarity (LIBERTAD) Act of 1996 to 
        suspend the economic embargo of Cuba, notice of which 
        was submitted to the Congress on ____.'', with the 
        blank space being filled with the appropriate date.
          (3) Referral to committees.--Joint resolutions 
        introduced in the House of Representatives shall be 
        referred to the Committee on International Relations 
        and joint resolutions introduced in the Senate shall be 
        referred to the Committee on Foreign Relations.
          (4) Procedures.--(A) Any joint resolution shall be 
        considered in the Senate in accordance with the 
        provisions of section 601(b) of the International 
        Security Assistance and Arms Export Control Act of 
        1976.
          (B) For the purpose of expediting the consideration 
        and enactment of joint resolutions, a motion to proceed 
        to the consideration of any joint resolution after it 
        has been reported by the appropriate committee shall be 
        treated as highly privileged in the House of 
        Representatives.
          (C) Not more than 1 joint resolution may be 
        considered in the House of Representatives and the 
        Senate in the 6-month period beginning on the date on 
        which the President notifies the Congress under 
        paragraph (1) of the action taken under subsection (a), 
        and in each 6-month period thereafter.

SEC. 205.\31\ REQUIREMENTS AND FACTORS FOR DETERMINING A TRANSITION 
                    GOVERNMENT.

    (a) Requirements.--For the purposes of this Act, a 
transition government in Cuba is a government that--
---------------------------------------------------------------------------
    \31\ 22 U.S.C. 6065.
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          (1) has legalized all political activity;
          (2) has released all political prisoners and allowed 
        for investigations of Cuban prisons by appropriate 
        international human rights organizations;
          (3) has dissolved the present Department of State 
        Security in the Cuban Ministry of the Interior, 
        including the Committees for the Defense of the 
        Revolution and the Rapid Response Brigades; and
          (4) has made public commitments to organizing free 
        and fair elections for a new government--
                  (A) to be held in a timely manner within a 
                period not to exceed 18 months after the 
                transition government assumes power;
                  (B) with the participation of multiple 
                independent political parties that have full 
                access to the media on an equal basis, 
                including (in the case of radio, television, or 
                other telecommunications media) in terms of 
                allotments of time for such access and the 
                times of day such allotments are given; and
                  (C) to be conducted under the supervision of 
                internationally recognized observers, such as 
                the Organization of American States, the United 
                Nations, and other election monitors;
          (5) has ceased any interference with Radio Marti or 
        Television Marti broadcasts;
          (6) makes public commitments to and is making 
        demonstrable progress in--
                  (A) establishing an independent judiciary;
                  (B) respecting internationally recognized 
                human rights and basic freedoms as set forth in 
                the Universal Declaration of Human Rights, to 
                which Cuba is a signatory nation;
                  (C) allowing the establishment of independent 
                trade unions as set forth in conventions 87 and 
                98 of the International Labor Organization, and 
                allowing the establishment of independent 
                social, economic, and political associations;
          (7) does not include Fidel Castro or Raul Castro; and
          (8) has given adequate assurances that it will allow 
        the speedy and efficient distribution of assistance to 
        the Cuban people.
    (b) Additional Factors.--In addition to the requirements in 
subsection (a), in determining whether a transition government 
in Cuba is in power, the President shall take into account the 
extent to which that government--
          (1) is demonstrably in transition from a communist 
        totalitarian dictatorship to representative democracy;
          (2) has made public commitments to, and is making 
        demonstrable progress in--
                  (A) effectively guaranteeing the rights of 
                free speech and freedom of the press, including 
                granting permits to privately owned media and 
                telecommunications companies to operate in 
                Cuba;
                  (B) permitting the reinstatement of 
                citizenship to Cuban-born persons returning to 
                Cuba;
                  (C) assuring the right to private property; 
                and
                  (D) taking appropriate steps to return to 
                United States citizens (and entities which are 
                50 percent or more beneficially owned by United 
                States citizens) property taken by the Cuban 
                Government from such citizens and entities on 
                or after January 1, 1959, or to provide 
                equitable compensation to such citizens and 
                entities for such property;
          (3) has extradited or otherwise rendered to the 
        United States all persons sought by the United States 
        Department of Justice for crimes committed in the 
        United States; and
          (4) has permitted the deployment throughout Cuba of 
        independent and unfettered international human rights 
        monitors.

SEC. 206.\32\ REQUIREMENTS FOR DETERMINING A DEMOCRATICALLY ELECTED 
                    GOVERNMENT.

    For purposes of this Act, a democratically elected 
government in Cuba, in addition to meeting the requirements of 
section 205(a), is a government which--
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    \32\ 22 U.S.C. 6066.
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          (1) results from free and fair elections--
                  (A) conducted under the supervision of 
                internationally recognized observers; and
                  (B) in which--
                          (i) opposition parties were permitted 
                        ample time to organize and campaign for 
                        such elections; and
                          (ii) all candidates were permitted 
                        full access to the media;
          (2) is showing respect for the basic civil liberties 
        and human rights of the citizens of Cuba;
          (3) is substantially moving toward a market-oriented 
        economic system based on the right to own and enjoy 
        property;
          (4) is committed to making constitutional changes 
        that would ensure regular free and fair elections and 
        the full enjoyment of basic civil liberties and human 
        rights by the citizens of Cuba;
          (5) has made demonstrable progress in establishing an 
        independent judiciary; and
          (6) has made demonstrable progress in returning to 
        United States citizens (and entities which are 50 
        percent or more beneficially owned by United States 
        citizens) property taken by the Cuban Government from 
        such citizens and entities on or after January 1, 1959, 
        or providing full compensation for such property in 
        accordance with international law standards and 
        practice.

SEC. 207.\33\ SETTLEMENT OF OUTSTANDING UNITED STATES CLAIMS TO 
                    CONFISCATED PROPERTY IN CUBA.

    (a) Report to Congress.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of State shall 
provide a report to the appropriate congressional committees 
containing an assessment of the property dispute question in 
Cuba, including--
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    \33\ 22 U.S.C. 6067.
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          (1) an estimate of the number and amount of claims to 
        property confiscated by the Cuban Government that are 
        held by United States nationals in addition to those 
        claims certified under section 507 of the International 
        Claims Settlement Act of 1949;
          (2) an assessment of the significance of promptly 
        resolving confiscated property claims to the 
        revitalization of the Cuban economy;
          (3) a review and evaluation of technical and other 
        assistance that the United States could provide to help 
        either a transition government in Cuba or a 
        democratically elected government in Cuba establish 
        mechanisms to resolve property questions;
          (4) an assessment of the role and types of support 
        the United States could provide to help resolve claims 
        to property confiscated by the Cuban Government that 
        are held by United States nationals who did not receive 
        or qualify for certification under section 507 of the 
        International Claims Settlement Act of 1949; and
          (5) an assessment of any areas requiring legislative 
        review or action regarding the resolution of property 
        claims in Cuba prior to a change of government in Cuba.
    (d) Sense of Congress.--It is the sense of the Congress 
that the satisfactory resolution of property claims by a Cuban 
Government recognized by the United States remains an essential 
condition for the full resumption of economic and diplomatic 
relations between the United States and Cuba.

  TITLE III--PROTECTION OF PROPERTY RIGHTS OF UNITED STATES NATIONALS

SEC. 301.\34\ FINDINGS.

    The Congress makes the following findings:
---------------------------------------------------------------------------
    \34\ 22 U.S.C. 6081.
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          (1) Individuals enjoy a fundamental right to own and 
        enjoy property which is enshrined in the United States 
        Constitution.
          (2) The wrongful confiscation or taking of property 
        belonging to United States nationals by the Cuban 
        Government, and the subsequent exploitation of this 
        property at the expense of the rightful owner, 
        undermines the comity of nations, the free flow of 
        commerce, and economic development.
          (3) Since Fidel Castro seized power in Cuba in 1959--
                  (A) he has trampled on the fundamental rights 
                of the Cuban people; and
                  (B) through his personal despotism, he has 
                confiscated the property of--
                          (i) millions of his own citizens;
                          (ii) thousands of United States 
                        nationals; and
                          (iii) thousands more Cubans who 
                        claimed asylum in the United States as 
                        refugees because of persecution and 
                        later became naturalized citizens of 
                        the United States.
          (4) It is in the interest of the Cuban people that 
        the Cuban Government respect equally the property 
        rights of Cuban nationals and nationals of other 
        countries.
          (5) The Cuban Government is offering foreign 
        investors the opportunity to purchase an equity 
        interest in, manage, or enter into joint ventures using 
        property and assets some of which were confiscated from 
        United States nationals.
          (6) This ``trafficking'' in confiscated property 
        provides badly needed financial benefit, including hard 
        currency, oil, and productive investment and expertise, 
        to the current Cuban Government and thus undermines the 
        foreign policy of the United States--
                  (A) to bring democratic institutions to Cuba 
                through the pressure of a general economic 
                embargo at a time when the Castro regime has 
                proven to be vulnerable to international 
                economic pressure; and
                  (B) to protect the claims of United States 
                nationals who had property wrongfully 
                confiscated by the Cuban Government.
          (7) The United States Department of State has 
        notified other governments that the transfer to third 
        parties of properties confiscated by the Cuban 
        Government ``would complicate any attempt to return 
        them to their original owners''.
          (8) The international judicial system, as currently 
        structured, lacks fully effective remedies for the 
        wrongful confiscation of property and for unjust 
        enrichment from the use of wrongfully confiscated 
        property by governments and private entities at the 
        expense of the rightful owners of the property.
          (9) International law recognizes that a nation has 
        the ability to provide for rules of law with respect to 
        conduct outside its territory that has or is intended 
        to have substantial effect within its territory.
          (10) The United States Government has an obligation 
        to its citizens to provide protection against wrongful 
        confiscations by foreign nations and their citizens, 
        including the provision of private remedies.
          (11) To deter trafficking in wrongfully confiscated 
        property, United States nationals who were the victims 
        of these confiscations should be endowed with a 
        judicial remedy in the courts of the United States that 
        would deny traffickers any profits from economically 
        exploiting Castro's wrongful seizures.

SEC. 302.\35\ LIABILITY FOR TRAFFICKING IN CONFISCATED PROPERTY CLAIMED 
                    BY UNITED STATES NATIONALS.

    (a) Civil Remedy.--
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    \35\ 22 U.S.C. 6082.
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          (1) Liability for trafficking.--(A) Except as 
        otherwise provided in this section, any person that, 
        after the end of the 3-month period beginning on the 
        effective date of this title, traffics in property 
        which was confiscated by the Cuban Government on or 
        after January 1, 1959, shall be liable to any United 
        States national who owns the claim to such property for 
        money damages in an amount equal to the sum of--
                  (i) the amount which is the greater of--
                          (I) the amount, if any, certified to 
                        the claimant by the Foreign Claims 
                        Settlement Commission under the 
                        International Claims Settlement Act of 
                        1949, plus interest;
                          (II) the amount determined under 
                        section 303(a)(2), plus interest; or
                          (III) the fair market value of that 
                        property, calculated as being either 
                        the current value of the property, or 
                        the value of the property when 
                        confiscated plus interest, whichever is 
                        greater; and
                  (ii) court costs and reasonable attorneys' 
                fees.
          (B) Interest under subparagraph (A)(i) shall be at 
        the rate set forth in section 1961 of title 28, United 
        States Code, computed by the court from the date of 
        confiscation of the property involved to the date on 
        which the action is brought under this subsection.
          (2) Presumption in favor of the certified claims.--
        There shall be a presumption that the amount for which 
        a person is liable under clause (i) of paragraph (1)(A) 
        is the amount that is certified as described in 
        subclause (I) of that clause. The presumption shall be 
        rebuttable by clear and convincing evidence that the 
        amount described in subclause (II) or (III) of that 
        clause is the appropriate amount of liability under 
        that clause.
          (3) Increased liability.--(A) Any person that 
        traffics in confiscated property for which liability is 
        incurred under paragraph (1) shall, if a United States 
        national owns a claim with respect to that property 
        which was certified by the Foreign Claims Settlement 
        Commission under title V of the International Claims 
        Settlement Act of 1949, be liable for damages computed 
        in accordance with subparagraph (C).
          (B) If the claimant in an action under this 
        subsection (other than a United States national to whom 
        subparagraph (A) applies) provides, after the end of 
        the 3-month period described in paragraph (1) notice 
        to--
                  (i) a person against whom the action is to be 
                initiated, or
                  (ii) a person who is to be joined as a 
                defendant in the action,
        at least 30 days before initiating the action or 
        joining such person as a defendant, as the case may be, 
        and that person, after the end of the 30-day period 
        beginning on the date the notice is provided, traffics 
        in the confiscated property that is the subject of the 
        action, then that person shall be liable to that 
        claimant for damages computed in accordance with 
        subparagraph (C).
          (C) Damages for which a person is liable under 
        subparagraph (A) or subparagraph (B) are money damages 
        in an amount equal to the sum of--
                  (i) the amount determined under paragraph 
                (1)(A)(ii), and
                  (ii) 3 times the amount determined applicable 
                under paragraph (1)(A)(i).
          (D) Notice to a person under subparagraph (B)--
                  (i) shall be in writing;
                  (ii) shall be posted by certified mail or 
                personally delivered to the person; and
                  (iii) shall contain--
                          (I) a statement of intention to 
                        commence the action under this section 
                        or to join the person as a defendant 
                        (as the case may be), together with the 
                        reasons therefor;
                          (II) a demand that the unlawful 
                        trafficking in the claimant's property 
                        cease immediately; and
                          (III) a copy of the summary statement 
                        published under paragraph (8).
          (4) Applicability.--(A) Except as otherwise provided 
        in this paragraph, actions may be brought under 
        paragraph (1) with respect to property confiscated 
        before, on, or after the date of the enactment of this 
        Act.
          (B) In the case of property confiscated before the 
        date of the enactment of this Act, a United States 
        national may not bring an action under this section on 
        a claim to the confiscated property unless such 
        national acquires ownership of the claim before such 
        date of enactment.
          (C) In the case of property confiscated on or after 
        the date of the enactment of this Act, a United States 
        national who, after the property is confiscated, 
        acquires ownership of a claim to the property by 
        assignment for value, may not bring an action on the 
        claim under this section.
          (5) Treatment of certain actions.--(A) In the case of 
        a United States national who was eligible to file a 
        claim with the Foreign Claims Settlement Commission 
        under title V of the International Claims Settlement 
        Act of 1949 but did not so file the claim, that United 
        States national may not bring an action on that claim 
        under this section.
          (B) In the case of any action brought under this 
        section by a United States national whose underlying 
        claim in the action was timely filed with the Foreign 
        Claims Settlement Commission under title V of the 
        International Claims Settlement Act of 1949 but was 
        denied by the Commission, the court shall accept the 
        findings of the Commission on the claim as conclusive 
        in the action under this section.
          (C) A United States national, other than a United 
        States national bringing an action under this section 
        on a claim certified under title V of the International 
        Claims Settlement Act of 1949, may not bring an action 
        on a claim under this section before the end of the 2-
        year period beginning on the date of the enactment of 
        this Act.
          (D) An interest in property for which a United States 
        national has a claim certified under title V of the 
        International Claims Settlement Act of 1949 may not be 
        the subject of a claim in an action under this section 
        by any other person. Any person bringing an action 
        under this section whose claim has not been so 
        certified shall have the burden of establishing for the 
        court that the interest in property that is the subject 
        of the claim is not the subject of a claim so 
        certified.
          (6) Inapplicability of act of state doctrine.--No 
        court of the United States shall decline, based upon 
        the act of state doctrine, to make a determination on 
        the merits in an action brought under paragraph (1).
          (7) Licenses not required.--(A) Notwithstanding any 
        other provision of law, an action under this section 
        may be brought and may be settled, and a judgment 
        rendered in such action may be enforced, without 
        obtaining any license or other permission from any 
        agency of the United States, except that this paragraph 
        shall not apply to the execution of a judgment against, 
        or the settlement of actions involving, property 
        blocked under the authorities of section 5(b) of the 
        Trading with the Enemy Act that were being exercised on 
        July 1, 1977, as a result of a national emergency 
        declared by the President before such date, and are 
        being exercised on the date of the enactment of this 
        Act.
          (B) Notwithstanding any other provision of law, and 
        for purposes of this title only, any claim against the 
        Cuban Government shall not be deemed to be an interest 
        in property the transfer of which to a United States 
        national required before the enactment of this Act, or 
        requires after the enactment of this Act, a license 
        issued by, or the permission of, any agency of the 
        United States.
          (8) \36\ Publication by attorney general.--Not later 
        than 60 days after the date of the enactment of this 
        Act, the Attorney General shall prepare and publish in 
        the Federal Register a concise summary of the 
        provisions of this title, including a statement of the 
        liability under this title of a person trafficking in 
        confiscated property, and the remedies available to 
        United States nationals under this title.
---------------------------------------------------------------------------
    \36\ The summary required by this paragraph may be found at 61 F.R. 
24955 (Department of Justice, AG Order No. 2029-96, effective May 17, 
1996).
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    (b) Amount in Controversy.--An action may be brought under 
this section by a United States national only where the amount 
in controversy exceeds the sum or value of $50,000, exclusive 
of interest, costs, and attorneys' fees. In calculating $50,000 
for purposes of the preceding sentence, the applicable amount 
under subclause (I), (II), or (III) of subsection (a)(1)(A)(i) 
may not be tripled as provided in subsection (a)(3).
    (c) Procedural Requirements.--
          (1) In general.--Except as provided in this title, 
        the provisions of title 28, United States Code, and the 
        rules of the courts of the United States apply to 
        actions under this section to the same extent as such 
        provisions and rules apply to any other action brought 
        under section 1331 of title 28, United States Code.
          (2) Service of process.--In an action under this 
        section, service of process on an agency or 
        instrumentality of a foreign state in the conduct of a 
        commercial activity, or against individuals acting 
        under color of law, shall be made in accordance with 
        section 1608 of title 28, United States Code.
    (d) Enforceability of Judgments Against Cuban Government.--
In an action brought under this section, any judgment against 
an agency or instrumentality of the Cuban Government shall not 
be enforceable against an agency or instrumentality of either a 
transition government in Cuba or a democratically elected 
government in Cuba.
    (e) Certain Property Immune From Execution.--Section 1611 
of title 28, United States Code, is amended by adding at the 
end the following new subsection:
    ``(c) Notwithstanding the provisions of section 1610 of 
this chapter, the property of a foreign state shall be immune 
from attachment and from execution in an action brought under 
section 302 of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 to the extent that the property is a 
facility or installation used by an accredited diplomatic 
mission for official purposes.''.
    (f) Election of Remedies.--
          (1) Election.--Subject to paragraph (2)--
                  (A) any United States national that brings an 
                action under this section may not bring any 
                other civil action or proceeding under the 
                common law, Federal law, or the law of any of 
                the several States, the District of Columbia, 
                or any commonwealth, territory, or possession 
                of the United States, that seeks monetary or 
                nonmonetary compensation by reason of the same 
                subject matter; and
                  (B) any person who brings, under the common 
                law or any provision of law other than this 
                section, a civil action or proceeding for 
                monetary or nonmonetary compensation arising 
                out of a claim for which an action would 
                otherwise be cognizable under this section may 
                not bring an action under this section on that 
                claim.
          (2) Treatment of certified claimants.--(A) In the 
        case of any United States national that brings an 
        action under this section based on a claim certified 
        under title V of the International Claims Settlement 
        Act of 1949--
                  (i) if the recovery in the action is equal to 
                or greater than the amount of the certified 
                claim, the United States national may not 
                receive payment on the claim under any 
                agreement entered into between the United 
                States and Cuba settling claims covered by such 
                title, and such national shall be deemed to 
                have discharged the United States from any 
                further responsibility to represent the United 
                States national with respect to that claim;
                  (ii) if the recovery in the action is less 
                than the amount of the certified claim, the 
                United States national may receive payment 
                under a claims agreement described in clause 
                (i) but only to the extent of the difference 
                between the amount of the recovery and the 
                amount of the certified claim; and
                  (iii) if there is no recovery in the action, 
                the United States national may receive payment 
                on the certified claim under a claims agreement 
                described in clause (i) to the same extent as 
                any certified claimant who does not bring an 
                action under this section.
          (B) In the event some or all actions brought under 
        this section are consolidated by judicial or other 
        action in such manner as to create a pool of assets 
        available to satisfy the claims in such actions, 
        including a pool of assets in a proceeding in 
        bankruptcy, every claimant whose claim in an action so 
        consolidated was certified by the Foreign Claims 
        Settlement Commission under title V of the 
        International Claims Settlement Act of 1949 shall be 
        entitled to payment in full of its claim from the 
        assets in such pool before any payment is made from the 
        assets in such pool with respect to any claim not so 
        certified.
    (g) Deposit of Excess Payments by Cuba Under Claims 
Agreement.--Any amounts paid by Cuba under any agreement 
entered into between the United States and Cuba settling 
certified claims under title V of the International Claims 
Settlement Act of 1949 that are in excess of the payments made 
on such certified claims after the application of subsection 
(f) shall be deposited into the United States Treasury.
    (h) Termination of Rights.--
          (1) In general.--All rights created under this 
        section to bring an action for money damages with 
        respect to property confiscated by the Cuban 
        Government--
                  (A) may be suspended under section 204(a); 
                and
                  (B) shall cease upon transmittal to the 
                Congress of a determination of the President 
                under section 203(c)(3) that a democratically 
                elected government in Cuba is in power.
          (2) Pending suits.--The suspension or termination of 
        rights under paragraph (1) shall not affect suits 
        commenced before the date of such suspension or 
        termination (as the case may be), and in all such 
        suits, proceedings shall be had, appeals taken, and 
        judgments rendered in the same manner and with the same 
        effect as if the suspension or termination had not 
        occurred.
    (i) Imposition of Filing Fees.--The Judicial Conference of 
the United States shall establish a uniform fee that shall be 
imposed upon the plaintiff or plaintiffs in each action brought 
under this section. The fee should be established at a level 
sufficient to recover the costs to the courts of actions 
brought under this section. The fee under this subsection is in 
addition to any other fees imposed under title 28, United 
States Code.

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

    (a) Evidence of Ownership.--
---------------------------------------------------------------------------
    \37\ 22 U.S.C. 6083.
---------------------------------------------------------------------------
          (1) Conclusiveness of certified claims.--In any 
        action brought under this title, the court shall accept 
        as conclusive proof of ownership of an interest in 
        property a certification of a claim to ownership of 
        that interest that has been made by the Foreign Claims 
        Settlement Commission under title V of the 
        International Claims Settlement Act of 1949 (22 U.S.C. 
        1643 and following).
          (2) Claims not certified.--If in an action under this 
        title a claim has not been so certified by the Foreign 
        Claims Settlement Commission, the court may appoint a 
        special master, including the Foreign Claims Settlement 
        Commission, to make determinations regarding the amount 
        and ownership of the claim. Such determinations are 
        only for evidentiary purposes in civil actions brought 
        under this title and do not constitute certifications 
        under title V of the International Claims Settlement 
        Act of 1949.
          (3) Effect of determinations of foreign or 
        international entities.--In determining the amount or 
        ownership of a claim in an action under this title, the 
        court shall not accept as conclusive evidence any 
        findings, orders, judgments, or decrees from 
        administrative agencies or courts of foreign countries 
        or international organizations that declare the value 
        of or invalidate the claim, unless the declaration of 
        value or invalidation was found pursuant to binding 
        international arbitration to which the United States or 
        the claimant submitted the claim.
    (b) Amendment of the International Claims Settlement Act of 
1949.--Title V of the International Claims Settlement Act of 
1949 (22 U.S.C. 1643 and following) is amended by adding at the 
end the following new section:

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

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

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

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

  ``exclusivity of foreign claims settlement commission certification 
                               procedure

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

SEC. 305.\39\ LIMITATION OF ACTIONS.

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

SEC. 306.\40\ EFFECTIVE DATE.

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

               TITLE IV--EXCLUSION OF CERTAIN ALIENS \41\

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

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

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

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

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

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

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

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

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

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

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

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

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


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



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

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

SECTION 1.\1\ SHORT TITLE.

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

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

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

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

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

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

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

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

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

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

            TITLE VI--ENTERPRISE FOR THE AMERICAS INITIATIVE

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

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

SEC. 602.\2\ PURPOSE.

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

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

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

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

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

SEC. 605.\7\ REPAYMENT OF PRINCIPAL.

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

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

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

SEC. 607.\10\ ENVIRONMENTAL FRAMEWORK AGREEMENTS.

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

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

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

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

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

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

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

SEC. 611.\20\ OVERSIGHT.

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

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

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

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

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

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

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

SEC. 615.\27\ CONSULTATIONS WITH CONGRESS.

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

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

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

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

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

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

    (a) Notice of Negotiations.--The Secretary of State and the 
Secretary of the Treasury shall, in every feasible instance, 
notify the designated congressional committees not less than 15 
days prior to any formal negotiation for debt relief under this 
title.
---------------------------------------------------------------------------
    \30\ 7 U.S.C. 1738q. Added by sec. 2 of Public Law 102-532 (106 
Stat. 3509).
---------------------------------------------------------------------------
    (b) Transmittal of Text of Agreements.--The Secretary of 
State shall transmit to the designated congressional committees 
a copy of the text of any agreement with any foreign government 
which would result in any debt relief under this title no less 
than 30 days prior to its entry into force, together with a 
detailed justification of the interest of the United States in 
the proposed debt relief.
    (c) Annual Report.--The Secretary of State or the Secretary 
of the Treasury, as appropriate, shall submit to the designated 
congressional committees not later than February 1 of each year 
a consolidated statement of the budgetary implications of all 
debt relief agreements entered into force under this title 
during the preceding fiscal year.
    (d) Designated Congressional Committees.--As used in this 
section, the term ``designated congressional committees'' means 
the Committee on Agriculture and the Committee on Foreign 
Affairs \31\ of the House of Representatives and the Committee 
on Agriculture, Nutrition, and Forestry of the Senate.
---------------------------------------------------------------------------
    \31\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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SEC. 619.\32\ DEFINITION OF QUALIFIED DEBT.

    As used in sections 616, 617, and 618, the term ``qualified 
debt'' means any obligation, or portion of such obligation, of 
an eligible country to pay for purchases of United States 
agricultural commodities guaranteed by the Commodity Credit 
Corporation under export credit guarantee programs authorized 
pursuant to section 5(f) of the Commodity Credit Corporation 
Charter Act or section 4(b) of the Food for Peace Act of 1966--
---------------------------------------------------------------------------
    \32\ 7 U.S.C. 1738r. Added by sec. 2 of Public Law 102-532 (106 
Stat. 3509).
---------------------------------------------------------------------------
          (1) in which the Commodity Credit Corporation 
        obtained a legal right or interest, as a result of 
        assignment or subrogation, not later than September 1, 
        1992; and
          (2) the payment of which obligation has been, not 
        later than September 1, 1992, rescheduled in accordance 
        with principles set forth in an Agreed Minute of the 
        Paris Club.
Such term includes the obligation to pay any interest which was 
due or accrued not later than September 1, 1992, and unpaid as 
of the date of a debt sale pursuant to section 616 or a debt 
sale, reduction, or cancellation pursuant to section 617 (as 
the case may be).
       (5) Urgent Assistance for Democracy in Panama Act of 1990

 Partial text of Public Law 101-243 [H.R. 3952], 104 Stat. 7, approved 
                           February 14, 1990

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

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

SECTION 1. SHORT TITLE

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

                            TITLE I--PANAMA

SEC. 101. IMMEDIATE UNITED STATES ASSISTANCE.

    (a) Economic Assistance Programs.--
          (1) Authority to use funds for economic assistance.--
                  (A) In general.--The President may use up to 
                $32,000,000 of funds made available for 
                economic assistance for Panama for fiscal year 
                1990 notwithstanding the provisions of law 
                specified in subsection (c) of this section.
                  (B) Deobligation/reobligation authority.--
                Funds may be made available for use under 
                subparagraph (A) without regard to the 
                limitation in section 515 of the Foreign 
                Operations, Export Financing, and Related 
                Programs Appropriations Act, 1990 (Public Law 
                101-167), that funds deobligated under that 
                section are available for reobligation only for 
                countries within the same general region for 
                which the funds were originally obligated.
                  (C) Economic assistance defined.--As used in 
                subparagraph (A), the term ``economic 
                assistance'' means assistance under part I of 
                the Foreign Assistance Act of 1961 (22 U.S.C. 
                2151 and following; relating to development and 
                related economic assistance programs) and 
                assistance under chapter 4 of part II of that 
                Act (22 U.S.C. 2346 and following; relating to 
                the economic support fund).
          (2) Authority to use certain guarantee authorities.--
        The President--
                  (A) may use up to $10,000,000 of the guaranty 
                authority available to carry out section 222 of 
                the Foreign Assistance Act of 1961 (22 U.S.C. 
                2182; relating to the housing guaranty 
                program), and
                  (B) may exercise the authorities of section 
                224 of that Act (22 U.S.C. 2184; relating to 
                the trade credit insurance program for Central 
                America),
                with respect to Panama for fiscal year 1990 
                without regard to the provisions of law 
                specified in subsection (c) of this section.
    (b) Law Enforcement Assistance.--
          (1) Administration of justice program.--Up to 
        $1,200,000 of the funds made available for Panama under 
        subsection (a)(1) of this section may be used to 
        provide--
                  (A) assistance authorized by subsection 
                (b)(3) of section 534 of the Foreign Assistance 
                Act of 1961 (22 U.S.C. 2346c; relating to the 
                administration of justice program); and
                  (B) training for the Public Forces and other 
                civilian law enforcement forces of Panama in 
                human rights, civil law, and investigative and 
                civilian law enforcement techniques, 
                notwithstanding section 660 of that Act (22 
                U.S.C. 2420; relating to the prohibition on 
                assistance for law enforcement forces).
                All assistance provided for Panama under this 
                paragraph shall be counted toward the 
                limitation contained in the second sentence of 
                section 534(e) of that Act\1\ and toward the 
                requirement of the second sentence of section 
                599G(c) of the Foreign Operations, Export 
                Financing, and Related Programs Appropriations 
                Act, 1990 (Public Law 101-167).\2\
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    \1\ The second sentence of sec. 534(e) of the Foreign Assistance 
Act of 1961 provided the following regarding funds for the 
Administration of Justice program:
    ``Of the funds made available to carry out this section, not more 
than $7,000,000 may be made available in fiscal year 1990 to carry out 
the provisions of subsection (b)(3) of this section.''.
    \2\ The second sentence of sec. 599G(c) of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1990 (Public 
Law 101-167), provided the following:
    ``Not less than $7,000,000 of the funds made available to carry out 
the provisions of chapter 4 of part II of the Foreign Assistance Act of 
1961 for fiscal year 1990 shall be made available for the purposes of 
subsection 534(b)(3) of the Foreign Assistance Act of 1961.''.
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          (2) Use of military assistance pipeline for panama to 
        procure law enforcement equipment.--
                  (A) Authority.--Prior year military 
                assistance funds that are obligated for Panama 
                shall be available to finance the procurement 
                of defense articles by law enforcement services 
                (other than training) notwithstanding the 
                provisions of law specified in subsection (c) 
                of this section and section 660 of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2420; 
                relating to the prohibition on assistance for 
                law enforcement forces).
                  (B) Limitations on lethal equipment.--Not 
                more than $500,000 of the funds made available 
                under subparagraph (A) may be used for the 
                procurement of lethal equipment. Only lethal 
                equipment that is appropriate for standard 
                civilian law enforcement requirements may be 
                procured with such funds.
                  (C) Prior year military assistance funds 
                defined.--As used in subparagraph (A), the term 
                ``prior military assistance funds'' means funds 
                that were appropriated for a fiscal year prior 
                to fiscal year 1990 to carry out chapter 2 of 
                part II of the Foreign Assistance Act of 1961 
                (22 U.S.C. 2311 and following; relating to the 
                grant military assistance program) or section 
                23 of the Arms Export Control Act (22 U.S.C. 
                2763; relating to foreign military sales 
                credits).
          (3) Congressional notification requirements.--
                  (A) In general.--Except as provided in 
                subparagraph (B) of this paragraph, the 
                President shall notify the congressional 
                committees specified in section 634A of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2394-
                1) in accordance with the procedures applicable 
                to reprogrammings under that section at least 
                15 days before--
                          (i) each obligation of funds under 
                        paragraph (1) of this subsection, and
                          (ii) each commitment to use funds 
                        under paragraph (2) of this subsection.
                  (B) Exception.--Such notification is not 
                required with respect to--
                          (i) obligations under paragraph (1), 
                        and
                          (ii) commitments to use funds under 
                        paragraph (2) for the procurement of 
                        uniforms and communications equipment 
                        (and related defense services),
                        that occur prior to the end of the 15-
                        day period beginning on the date of 
                        enactment of this Act to the extent 
                        that such obligations or commitments, 
                        as the case may be, were previously 
                        justified to the Congress.
    (c) Brooke-Alexander Amendment.--The provisions of law 
referred to in subsections (a)(1), (a)(2), and (b)(2)(A) of 
this section are sections 620(q) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2370(q); and section 518 of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (Public Law 101-167), and the 
corresponding sections of foreign assistance appropriations 
Acts for prior fiscal years.

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

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

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

    (a) Resumption Upon Date of Enactment.--Because the vital 
national interests of the United States so require and because 
the Endara government of Panama has indicated its willingness, 
and is taking steps, to cooperate fully with the United States 
to control narcotics production, trafficking, and money 
laundering, the conditions specified in section 802(b)(4)(B) of 
the Narcotics Control Trade Act (19 U.S.C. 2492(b)(4)(B)) shall 
be deemed to be satisfied as of the date of enactment of this 
Act with respect to the action taken pursuant to section 802(a) 
of that Act that is described in subsection (b) of this 
section.
    (b) Specification of Benefits.--The action referred to in 
subsection (a) is the denial to articles imported from Panama 
of preferential tariff treatment under the Generalized System 
of Preferences (19 U.S.C. 2461 and following) and the Caribbean 
Basic Economic Recovery Act (19 U.S.C. 2701 and following) 
pursuant to Presidential Proclamation 5779 of March 23, 
1988.\3\
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    \3\ For text of Presidential Proclamation 5779, see 53 F.R. 9850.
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SEC. 104. REPORT ON PANAMANIAN BANK SECRECY LAWS.

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

                TITLE II--EASTERN EUROPE AND YUGOSLAVIA

SEC. 201. ASSISTANCE TO SUPPORT TRANSITION TO DEMOCRACY.\4\
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    \4\ For text, see page 119.
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          * * * * * * *
 (6) Survival Assistance to Victims of Civil Strife in Central America

 Public Law 101-215 [H.R. 3696], 103 Stat. 1852, approved December 11, 
  1989, as amended by Public Law 101-513 [Foreign Operations, Export 
 Financing, and Related Programs Appropriations Act, 1991; H.R. 5114], 
               104 Stat. 1979, approved November 5, 1990

  AN ACT To provide survival assistance to victims of civil strife in 
                            Central America.

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

SECTION 1. SURVIVAL ASSISTANCE

    (a) Authorization.--The Agency for International 
Development shall use unobligated funds made available pursuant 
to section 8(a) of Public Law 100-276 to provide medical care 
and other relief for noncombatant victims of strife in Central 
America. Such assistance shall be used to make available 
prosthetic devices and rehabilitation, provide medicines and 
immunizations, assist burn victims, help orphans, and otherwise 
provide assistance for noncombatants who have been physically 
injured or displaced by civil strife in Central America. 
Priority shall be given to those with the greatest needs for 
assistance.
    (b) Use of PVO's and International Relief Organizations.--
Assistance pursuant to this section shall be provided only 
through nonpolitical private and voluntary organizations and 
international relief organizations. Preference in the 
distribution of such assistance shall be given to organizations 
presently providing similar services such as Catholic Relief 
Services, the International Committee of the Red Cross, CARE, 
the United Nations Children's Fund, the United Nations High 
Commission for Refugees, Partners of the Americas, and the Pan 
American Health Organization.
    (c) \1\ Assistance in Nicaragua. * * * [Repealed--1990]
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    \1\ Sec. 577(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2044), repealed subsec. (c). It previously read as follows:
    ``(c) Not more than one-half of the assistance provided under this 
section may be provided through nonpolitical private and voluntary 
organizations and international relief organizations operating inside 
Nicaragua. None of the assistance pursuant to this section may be 
provided to or through the Government of Nicaragua.''.
    Sec. 577(a) of that Act also provided that:
    ``(a) None of the funds appropriated by this Act [Public Law 101-
513] shall be provided for any member of the Nicaraguan resistance who 
has not disarmed and is not abiding by the terms of the cease-fire 
agreement and the addendums to the Toncontin Agreement signed on April 
19, 1990.''.
                 (7) Central American Peace Assistance

Public Law 100-276 [H.J.Res. 523], 102 Stat. 62, approved April 1, 1988

     JOINT RESOLUTION To provide assistance and support for peace, 
           democracy, and reconciliation in Central America.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled,
  Section 1. General Policy.--It is the policy of the United 
States to advance peace and democracy in Central America, and 
to preserve and protect security interests in the region. 
Pursuant to that policy, it is the purpose of this joint 
resolution to assist in bringing peace and democracy to Central 
America, in a manner compatible with the Guatemala Peace Accord 
of August 7, 1987, the Declaration of the Presidents of the 
Central American Nations at San Jose, Costa Rica on January 16, 
1988, the Agreement Between the Government of Nicaragua and the 
Nicaraguan Resistance signed March 23, 1988 at Sapoa, Nicaragua 
(hereinafter referred to as the ``Sapoa Agreement'') and 
consistent with the national security interests of the United 
States.
    Sec. 2. Consistency With Sapoa Agreement.--The assistance 
and support for which this joint resolution provides shall be 
administered consistent with the Sapoa Agreement. No authority 
contained in this joint resolution is intended to be exercised 
in any manner that might be determined by the Verification 
Commission established by the Sapoa Agreement to be 
inconsistent with that Agreement or any subsequent agreement 
between the Government of Nicaragua and the Nicaraguan 
democratic resistance.
    Sec. 3. Purpose of Additional Assistance for the Nicaraguan 
Democratic Resistance.--(a) Congressional Intent.--It is the 
intention of Congress in providing additional assistance to the 
Nicaraguan democratic resistance to reinforce the Central 
American peace process by supporting negotiations leading to a 
permanent negotiated ceasefire agreement. Such an agreement is 
seen by the Congress as an essential step towards the 
establishment of peace and democracy in Nicaragua. The Congress 
provides assistance under this section with the understanding 
and strong expectation that the Government of Nicaragua and the 
Nicaraguan democratic resistance will cease permanently 
offensive military activities against each other and engage in 
good faith negotiations towards a permanent ceasefire.
    (b) Transfer and Use.--(1) The President is authorized to 
transfer to the Agency for International Development 
$17,700,000 of unobligated funds from the appropriations 
accounts specified in section 6 to provide assistance for the 
Nicaraguan democratic resistance in accordance with this joint 
resolution. Funds so transferred shall remain available through 
September 30, 1988.
    (2) The amount which is authorized to be transferred under 
paragraph (1) shall be reduced by the cost to the United States 
Government of any items or services described in subsection 
(c)(1) which were previously, specifically authorized by law 
for the Nicaraguan democratic resistance and which are 
delivered to the Nicaraguan democratic resistance under 
subsection (e).
    (c) Description of Assistance Allowed.--(1) As used in this 
section, ``assistance'' means only food, clothing, shelter, 
medical services, medical supplies, and payment for such items 
or services.
    (2) The term ``assistance'' under this section also 
includes, to the extent consistent with the Sapoa Agreement, 
the use of not to exceed $1,500,000 of the funds made available 
under subsection (b) for the purchase of communications 
equipment.
    (d) Limitations.--The amount of funds transferred under 
subsection (b) which is obligated each month for purchasing 
items and services described in subsection (c)(1)--
          (1) for April and May 1988, shall not exceed 
        $2,900,000, of which not less than $400,000 each month 
        shall be available only for medical supplies and 
        medical services; and
          (2) for any month thereafter, shall not exceed 
        $2,700,000,
except that each such amount for any month shall be reduced by 
the cost to the United States Government of the items and 
services described in subsection (c)(1)) (medical supplies and 
medical services in the case of the second amount specified in 
paragraph (1) which were previously, specifically authorized by 
law for the Nicaraguan democratic resistance and which are 
delivered to the Nicaraguan democratic resistance under 
subsection (e) during that month.
    (e) Transportation.--(1) The President shall transfer to 
the Agency for International Development, from unobligated 
funds from the appropriations accounts specified, in section 6, 
such funds as may be necessary to provide, to the extent 
consistent with the Sapoa Agreement, transportation for the 
assistance authorized by subsection (b), including rental and 
indemnification of aircraft, trucks or other vehicles, and 
transportation for the items and services described in 
paragraph (3) of this subsection.
    (2) Transportation provided under this subsection may not 
be used to deliver any assistance for the Nicaraguan democratic 
resistance other than the assistance authorized by subsection 
(b) and the items and services described in paragraph (3) of 
this subsection.
    (3) Transportation may be provided under this subsection 
for items and services described in subsection (c)(1) which 
were previously, specifically authorized by law for the 
Nicaraguan democratic resistance.
    (f) Prohibitions.--(1) Funds transferred by subsections (b) 
or (e) may not be obligated or expended to purchase aircraft or 
weapons, weapons systems, or ammunition or any other item or 
service not permitted under subsection (c) or to provide any 
transportation other than transportation permitted under 
subsection (e).
    (2) Except for items delivered under subsection (e)(3), no 
item authorized by ``Title II--Central America'' in section 
101(k) of the continuing appropriations resolution for the 
fiscal year 1987 (Public Laws 99-500 and 99-591) or section 111 
of the joint resolution making further continuing 
appropriations for the fiscal year 1988 (Public Law 100-202) 
may be provided to the Nicaragua democratic resistance.
    (g) Assistance for Yatama.--(1) In order to support all 
elements of the Nicaraguan democratic resistance, assistance 
authorized by subsection (b) (including the cost of the United 
States Government of items and services delivered under 
subsection (e)(3)) in the amount of $2,190,000 shall be 
provided only to the Indian resistance force known as Yatama.
    (2) The Agency for International Development shall ensure 
that assistance under this subsection for Yatama is provided 
consistent with the Preliminary Accord signed by Yatama and the 
Government of Nicaragua on February 2, 1988, and any subsequent 
agreement based on that Accord.
    Sec. 4. Direction, Management and Delivery.--(a) Delivery 
of Assistance.--(1) The Agency for International Development 
shall direct, manage and provide for the delivery of assistance 
and support to the Nicaraguan democratic resistance through 
neutral organizations consistent with the Sapoa Agreement and 
as authorized by this joint resolution.
    (2) The President shall transfer not to exceed $2,500,000 
from the unobligated funds in the appropriations accounts 
specified in section 6 for ``Operating Expenses of the Agency 
for International Development'' to meet the necessary 
administrative expenses to carry out the purposes of this joint 
resolution.
    (b) Inapplicability of Certain Prohibitions.--Prohibitions 
on the furnishing of foreign assistance to Nicaragua shall not 
be construed to apply to the provision within Nicaragua of the 
assistance authorized by this joint resolution.
    (c) Accountability Standards, Procedures, and Controls.--In 
implementing this joint resolution, the Agency for 
International Development shall adopt standards, procedures, 
and controls for the accountability of funds comparable to 
those applicable with respect to the assistance for the 
Nicaraguan democratic resistance provided under section 111 of 
the joint resolution making further continuing appropriations 
for the fiscal year 1988 (Public Law 100-202).
    (d) Interagency Cooperation.--All Government agencies shall 
cooperate with the Agency for International Development to 
ensure the orderly, effective direction, management, and 
delivery by the Agency of assistance for the Nicaraguan 
democratic resistance. Such cooperation shall include detailing 
to the Agency, on a reimbursable basis, such personnel as the 
Agency, with the approval of the President, may request.
    (e) Supplemental Authorities.--In addition to the 
authorities otherwise available by law to the Agency for 
International Development, in carrying out this joint 
resolution, the Agency for International Development may 
exercise the same authorities, including authorities relating 
to procurement and expenditure of Government funds other than 
confidential funds, as the agency administering the assistance 
provided pursuant to section 111 of the joint resolution making 
further continuing appropriations for the fiscal year 1988 
(Public Law 100-202) could exercise with respect to provision 
of that assistance.
    Sec. 5. General Authorities and Limitations.--(a) 
Requirements Deemed Satisfied.--The requirements, terms and 
conditions of section 104 of the Intelligence Authorization 
Act, Fiscal Year 1988 (Public Law 100-178), section 8144 of the 
Department of Defense Appropriations Act, 1988 (as contained in 
section 101(b) of Public Law 100-202), section 10 of Public Law 
91-672, section 502 of the National Security Act of 1947, 
section 15(a) of the State Department Basic Authorities Act of 
1956, and any other provision of law shall be deemed to have 
been met for the transfer and use, consistent with the 
provisions of this joint resolution, of the funds made 
available by this joint resolution.
    (b) Continuation of Limitations.--Sections 203(e), 204(b), 
207, 209(b), 209(c), and 216 in ``Title II--Central America'' 
in section 101(k) of the continuing appropriations resolution 
for the fiscal year 1987 (Public Laws 99-500 and 99-591), shall 
apply with respect to funds made available by this joint 
resolution, except that section 216 shall not apply with 
respect to personnel of the Agency for International 
Development or the Department of State.
    Sec. 6. Defense Appropriations Accounts.--The 
appropriations accounts to which this resolution refers are the 
following accounts in the Department of Defense Appropriations 
Act, 1986, as contained in section 101(b) of the further 
continuing appropriations resolution for the fiscal year 1986 
(Public Law 99-190):
          (1) Missile Procurement, Army;
          (2) Other, Procurement, Army;
          (3) Other Procurement, Navy;
          (4) Missile Procurement, Air Force;
          (5) Aircraft Procurement, Air Force; and
          (6) Weapons Procurement, Navy;
except that section 1351 of the National Defense Authorization 
Act for Fiscal Year 1987 (Public Law 99-661) shall apply.
    Sec. 7. Audit of Funds.--The Comptroller General shall 
conduct an independent audit of funds expended in the provision 
of assistance and support under this joint resolution.
    Sec. 8. Children's Survival Assistance.--(a) \1\ 
Authorization.--The President shall transfer to the Agency for 
International Development $17,700,000 of unobligated funds from 
the appropriations accounts specified in section 6 to provide 
medical care and other relief for children who are victims of 
the Nicaraguan civil strife. Such assistance shall be used to 
make available prosthetic devices and rehabilitation, provide 
medicines and immunizations, assist burn victims, help children 
who have been orphaned, and otherwise provide assistance for 
children who have been physically injured or displaced by the 
Nicaraguan civil strife. Priority shall be given to those 
children with the greatest needs for assistance. Funds 
transferred pursuant to this subsection shall remain available 
until expended.
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    \1\ Sec. 1 of Public Law 101-215 (103 Stat. 1852) provided the 
following:
    ``(a) Authorization.--The Agency for International Development 
shall use unobligated funds made available pursuant to section 8(a) of 
Public Law 100-276 to provide medical care and other relief for 
noncombatant victims of civil strife in Central America. Such 
assistance shall be used to make available prosthetic devices and 
rehabilitation, provide medicines and immunizations, assist burn 
victims, help orphans, and otherwise provide assistance for 
noncombatants who have been physically injured or displaced by civil 
strife in Central America. Priority shall be given to those with the 
greatest needs for assistance.''.
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    (b) Use of PVO's and International Relief Organizations.--
Assistance pursuant to this section shall be provided only 
through nonpolitical private and voluntary organizations and 
international relief organizations. Preference in the 
distribution of such assistance shall be given to organizations 
presently providing similar services such as the Catholic 
Relief Services, International Committee of the Red Cross, 
CARE, United Nations Children's Fund, United Nations High 
Commissioner for Refugees, Partners of the Americas, and the 
Pan-American Health Organization.
    (c) Children in Nicaragua.--At least one-half of the 
assistance provided under this section shall be provided 
through nonpolitical private and voluntary organizations and 
international relief organizations operating inside Nicaragua. 
None of this assistance may be provided to or through the 
Government of Nicaragua.
    Sec. 9. Verification Commission.--The President shall 
transfer to the Agency for International Development 
$10,000,000 of unobligated funds from the appropriations 
accounts specified in section 6 for periodic payments to 
support the activities of the Verification Commission 
established by the Sapoa Agreement. Funds transferred pursuant 
to this section shall remain available until expended.
             (8) Latin American Development Act, as amended

  Public Law 86-735 [H.R. 13021], 74 Stat. 869, approved September 8, 
1960; as amended by Public Law 87-195 [Foreign Assistance Act of 1961, 
 S. 1983], 75 Stat. 424, approved September 4, 1961; and by Public Law 
   88-205 [Foreign Assistance Act of 1963, H.R. 7885], 77 Stat. 379, 
                       approved December 16, 1963

 AN ACT To provide for assistance in the development of Latin America 
      and in the reconstruction of Chile, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Latin American Development Act''.\1\
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    \1\ Sec. 401(a) of the FA Act of 1963 (Public Law 88-205) inserted 
the words ``That this Act may be cited as the `Latin American 
Development Act'.''.
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                          statement of policy

    Section 1.\2\ (a) It is the sense of the Congress that--
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    \2\ 22 U.S.C. 1942.
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          (1) the historic, economic, political, and geographic 
        relationships among the American Republics are unique 
        and of special significance and, as appropriate, should 
        be so recognized in future legislation;
          (2) although governmental forms differ among the 
        American Republics, the peoples of all the Americas are 
        dedicated to the creation and maintenance of 
        governments which will promote individual freedom;
          (3) the interests of the American Republics are so 
        interrelated that sound social and economic progress in 
        each is of importance to all and that lack of it in any 
        American Republic may have serious repercussions in 
        others;
          (4) for the peoples of Latin America to continue to 
        progress within the framework of our common heritage of 
        democratic ideals, there is a compelling need for the 
        achievement of social and economic advance adequate to 
        meet the legitimate aspirations of the individual 
        citizens of the countries of Latin America for a better 
        way of life;
          (5) there is a need for a plan of hemispheric 
        development, open to all American Republics which 
        cooperate in such plan, based upon a strong production 
        effort, the expansion of foreign trade, the creation 
        and maintenance of internal financial stability, the 
        growth of free economic and social institutions, and 
        the development of economic cooperation, including all 
        possible steps to establish and maintain equitable 
        rates of exchange and to bring about the progressive 
        elimination of trade barriers;
          (6) mindful of the advantages which the United States 
        has enjoyed through the existence of a large domestic 
        market with no internal trade barriers, and believing 
        that similar advantages can accrue to all countries, it 
        is the hope of the people of the United States that all 
        American Republics will jointly exert sustained common 
        efforts which will speedily achieve that economic 
        cooperation in the Western Hemisphere which is 
        essential for lasting peace and prosperity; and
          (7) accordingly, it is declared to be the policy of 
        the people of the United States to sustain and 
        strengthen principles of individual liberty, free 
        institutions, private enterprise, and genuine 
        independence in the Western Hemisphere through 
        cooperation with all American Republics which 
        participate in a joint development program based upon 
        self-help and mutual efforts.
    (b) In order to carry forward the above policy, the 
Congress hereby--
          (1) urges the President through our constitutional 
        processes to develop cooperative programs on a 
        bilateral or multilateral basis which will set forth 
        specific plans of action designed to foster economic 
        progress and improvements in the welfare and level of 
        living of all the peoples of the American Republics on 
        the basis of joint aid, mutual effort, and common 
        sacrifice;
          (2) proposes the development of workable procedures 
        to expand hemispheric trade and to moderate extreme 
        price fluctuations in commodities which are of 
        exceptional importance in the economies of the American 
        Republics, and encourages the development of regional 
        economic cooperation among the American Republics;
          (3) supports the development of a more accurate and 
        sympathetic understanding among the peoples of the 
        American Republics through a greater interchange of 
        persons, ideas, techniques, and educational, 
        scientific, and cultural achievements;
          (4) supports the strengthening of free democratic 
        trade unions to raise standards of living through 
        improved management-labor relations;
          (5) favors the progressive development of common 
        standards with respect to the rights and the 
        responsibilities of private investment with flows 
        across national boundaries within the Western 
        Hemisphere;
          (6) supports the consolidation of the public 
        institutions and agencies of inter-American 
        cooperation, insofar as feasible, within the structure 
        of the Organization of American States and the 
        strengthening of the personnel resources and authority 
        of the Organization in order that it may play a role of 
        increasing importance in all aspects of hemispheric 
        cooperation; and
          (7) declares that it is prepared to give careful and 
        sympathetic consideration to programs which the 
        President may develop for the purpose of promoting 
        these policies.

                             authorization

    Sec. 2.\3\ In order to carry out the purposes of section 1 
of this Act, there is hereby authorized to be appropriated to 
the President not to exceed $680,000,000,\4\ which shall remain 
available until expended, and which the President may use, 
subject to such further legislative provisions as may be 
enacted, in addition to other funds available for such 
purposes, on such terms and conditions as he may specify: 
Provided, That none of the funds made available pursuant to 
this section shall be used to furnish assistance to any country 
in Latin America being subjected to economic or diplomatic 
sanctions by the Organization of American States. The Secretary 
of State shall keep the Committee on Foreign Relations of the 
Senate and the Committee on Foreign Affairs \5\ of the House 
currently informed about plans and programs for the utilization 
of such funds.
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    \3\ 22 U.S.C. 1943.
    \4\ Sec. 401(b) of the FA Act of 1963 (Public Law 88-205), 
substituted ``$680,000,000'' for ``$500,000,000''. Public Law 87-41, 
approved May 27, 1961, appropriated $500 million for the Inter-American 
Social and Economic Cooperation Program to remain available until 
expended.
    \5\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
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            special authorization for chilean reconstruction

    Sec. 3.\6\ There is hereby authorized to be appropriated to 
the President not to exceed $100,000,000,\7\ which shall remain 
available until expended, for use, in addition to other funds 
available for such purposes, in the reconstruction and 
rehabilitation of Chile on such terms and conditions as the 
President may specify.
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    \6\ 22 U.S.C. 1944.
    \7\ Public Law 87-41 appropriated ``$100,000,000, to remain 
available until expended.''
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                         general provisions \8\

    Sec. 4.\9\ (a) Funds appropriated under sections 2 and 3 of 
this Act may be used for assistance under this Act pursuant to 
such provisions applicable to the furnishing of such assistance 
contained in any successor Act to the Mutual Security Act of 
1954, as amended, as the President determines to be necessary 
to carry out the purposes for which such funds are 
appropriated.
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    \8\ Sec. 4 and title ``general provisions'' were added by sec. 706 
of the FA Act of 1961 (Public Law 87-195; 75 Stat. 724).
    \9\ 22 U.S.C. 1945.
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    (b) Of the funds appropriated under section 2 of this Act 
not more than $800,000 shall be available only for assisting in 
transporting to and settling in Latin America selected 
immigrants from that portion of the Ryukyuan Archipelago under 
United States administration.
                  e. Assistance to the Middle East \1\

             (1) Middle East Peace Commitments Act of 2002

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

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

                   TITLE VI--MISCELLANEOUS PROVISIONS

         Subtitle A--Middle East Peace Commitments Act of 2002

SEC. 601. SHORT TITLE.

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

SEC. 602. FINDINGS.

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

SEC. 603. REPORTS.

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

SEC. 604. IMPOSITION OF SANCTIONS.

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

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

          TITLE VI--MIDDLE EAST PEACE FACILITATION ACT OF 1995

                              short title

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

                                findings

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

                           sense of congress

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

                authority to suspend certain provisions

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

                          transition provision

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

                         reporting requirement

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

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

                 PART E--MIDDLE EAST PEACE FACILITATION

SEC. 581. SHORT TITLE.

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

SEC. 582. FINDINGS.

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

SEC. 583. AUTHORITY TO SUSPEND CERTAIN PROVISIONS.

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

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

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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

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

SEC. 3. AUTHORITY TO SUSPEND CERTAIN PROVISIONS.

    (a) In General.--Subject to subsection (b), the President 
may suspend any provision of law specified in subsection (d). 
Any such suspension shall cease to be effective on July 1, 
1994,\1\ or such earlier date as the President may specify.
---------------------------------------------------------------------------
    \1\ Sec. 1 of Public Law 103-166 (107 Stat. 1978) struck out 
``January 1'' and inserted in lieu thereof ``July 1''.
---------------------------------------------------------------------------
    (b) Conditions.--
          (1) Consultation.--Before exercising the authority 
        provided in subsection (a), the President shall consult 
        with the relevant congressional committees.
          (2) Presidential certification.--The President may 
        exercise the authority provided in subsection (a) only 
        if the President certifies to the relevant 
        congressional committees that--
                  (A) it is in the national interest of the 
                United States to exercise such authority; and
                  (B) the Palestine Liberation Organization 
                continues to abide by all the commitments 
                described in paragraph (4).
          (3) Requirement for continuing plo compliance.--Any 
        suspension under subsection (a) of a provision of law 
        specified in subsection (d) shall cease to be effective 
        if the President certifies to the relevant 
        congressional committees that the Palestine Liberation 
        Organization has not continued to abide by all the 
        commitments described in paragraph (4).
          (4) PLO commitments described.--The commitments 
        referred to in paragraphs (2) and (3) are the 
        commitments made by the Palestine Liberation 
        Organization--
                  (A) in its letter of September 9, 1993, to 
                the Prime Minister of Israel;
                  (B) in its letter of September 9, 1993, to 
                the Foreign Minister of Norway; and
                  (C) in, and resulting from the implementation 
                of, the Declaration of Principles on Interim 
                Self-Government Arrangements signed on 
                September 13, 1993.
    (c) Expectation of Congress Regarding Any Extension of 
Presidential Authority.--The Congress expects that any 
extension of the authority provided to the President in 
subsection (a) will be conditional on the Palestine Liberation 
Organization--
          (1) renouncing the Arab League boycott of Israel;
          (2) urging the nations of the Arab League to end the 
        Arab League boycott of Israel; and
          (3) cooperating with efforts undertaken by the 
        President of the United States to end the Arab League 
        boycott of Israel.
    (d) \2\ Provisions That May Be Suspended.--The provisions 
that may be suspended under the authority of subsection (a) are 
the following:
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    \2\ In memoranda for the Secretary of State, the President has 
certified that it is in the national interests to suspend the 
application of these provisions of law. Presidential Determination No. 
94-13 of January 14, 1994 (5