[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:
---------------------------------------------------------------------------
\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.
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``(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.''.
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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.
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\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,''.
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* * * * * * *
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.''.
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(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.''.
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(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''.
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(b) Mandatory Sanctions.--The sanctions to be imposed
pursuant to subsection (a) are as follows:
(1) Procurement sanction.--For a period of two years,
the United States Government shall not procure, or
enter into any contract for the procurement of, any
goods or services from the sanctioned person.
(2) Export sanction.--For a period of two years, the
United States Government shall not issue any license
for any export by or to the sanctioned person.
SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.
(a) Prohibition.--If the President determines that the
government of any foreign country transfers or retransfers
goods or technology so as to contribute knowingly and
materially to the efforts by Iran or Iraq (or any agency or
instrumentality of either such country) to acquire chemical,
biological, or nuclear weapons or \4\ to acquire destabilizing
numbers and types of advanced conventional weapons, then--
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\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''.
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(1) the sanctions described in subsection (b) shall
be imposed on such country; and
(2) in addition, the President may apply, in the
discretion of the President, the sanction described in
subsection (c).
(b) Mandatory Sanctions.--Except as provided in paragraph
(2), the sanctions to be imposed pursuant to subsection (a)(1)
are as follows:
(1) Suspension of united states assistance.--The
United States Government shall suspend, for a period of
one year, United States assistance to the sanctioned
country.
(2) Multilateral development bank assistance.--The
Secretary of the Treasury shall instruct the United
States Executive Director to each appropriate
international financial institution to oppose, and vote
against, for a period of one year, the extension by
such institution of any loan or financial or technical
assistance to the sanctioned country.
(3) Suspension of codevelopment or coproduction
agreements.--The United States shall suspend, for a
period of one year, compliance with its obligations
under any memorandum of understanding with the
sanctioned country for the codevelopment or
coproduction of any item on the United States Munitions
List (established under section 38 of the Arms Export
Control Act), including any obligation for
implementation of the memorandum of understanding
through the sale to the sanctioned country of technical
data or assistance or the licensing for export to the
sanctioned country of any component part.
(4) Suspension of military and dual-use technical
exchange agreements.--The United States shall suspend,
for a period of one year, compliance with its
obligations under any technical exchange agreement
involving military and dual-use technology between the
United States and the sanctioned country that does not
directly contribute to the security of the United
States, and no military or dual-use technology may be
exported from the United States to the sanctioned
country pursuant to that agreement during that period.
(5) United states munitions list.--No item on the
United States Munitions List (established pursuant to
section 38 of the Arms Export Control Act) may be
exported to the sanctioned country for a period of one
year.
(c) Discretionary Sanction.--The sanction referred to in
subsection (a)(2) is as follows:
(1) Use of authorities of international emergency
economic powers act.--Except as provided in paragraph
(2), the President may exercise, in accordance with the
provisions of that Act, the authorities of the
International Emergency Economic Powers Act with
respect to the sanctioned country.
(2) Exception.--Paragraph (1) does not apply with
respect to urgent humanitarian assistance.
SEC. 1606. WAIVER.
The President may waive the requirement to impose a
sanction described in section 1603, in the case of Iran, or a
sanction described in section 1604(b) or 1605(b), in the case
of Iraq and Iran, 15 days after the President determines and so
reports to the Committees on Armed Services and Foreign
Relations of the Senate and the Committees on Armed Services
and Foreign Affairs \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.
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\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).
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SEC. 1607. REPORTING REQUIREMENT.
(a) \6\ * * * [Repealed--2002]
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\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.
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(b) Report on Individual Transfers.--Whenever the President
determines that a person or foreign government has made a
transfer which is subject to any sanction under this title, the
President shall, within 30 days after such transfer, submit to
the Committees on Armed Services and Foreign Relations of the
Senate and the Committees on Armed Services and Foreign Affairs
\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.
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\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--
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``(i) urgent humanitarian assistance or medicine, and
``(ii) assistance under chapter 11 of part I (as enacted by the Freedom
for Russia and Emerging Eurasian Democracies and Open Markets Support Act
of 1992);''.
(B) sales and assistance under the Arms
Export Control Act;
(C) financing by the Commodity Credit
Corporation for export sales of agricultural
commodities; and
(D) financing under the Export-Import Bank
Act.
(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''.
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\1\ 10 U.S.C. 101 note.
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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\
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\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''.
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(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:
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``(1) Army.--For the Army, $399,000,000.
``(2) Navy.--For the Navy, $30,000,000.
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``(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.
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``sec. 1203. authorization of appropriations for fiscal year 1993.
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``(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:
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``(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.
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``(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.''
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``sec. 1204. relationship to other authorizations.
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``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''.
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(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\
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\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:
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``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.''.
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(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).
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\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.
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(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.
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\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.
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* * * * * * *
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
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\8\ 10 U.S.C. 113 note.
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(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]
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\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''.
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\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.''.
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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\
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\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).
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(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.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
(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''.
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\1\ 22 U.S.C. 2151 note.
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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.''.
---------------------------------------------------------------------------
(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)''.
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(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).
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(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\
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\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
(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\
---------------------------------------------------------------------------
\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--
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\21\ 22 U.S.C. 5851.
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(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--
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\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\
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\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.--
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
(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.
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\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.
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\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.
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\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.
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\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--
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\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--
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\46\ 22 U.S.C. 5874.
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(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]
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\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.
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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.
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(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.
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\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.
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\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.
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\56\ 22 U.S.C. 2452 note.
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(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).
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(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.
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\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.
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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.
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\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.''.
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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.
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* * * * * * *
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''.
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\1\ See also Legislation on Foreign Relations Through 2005, vol.
II.
\2\ 22 U.S.C. 2751 note.
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* * * * * * *
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--
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\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.
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(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.
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\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).
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(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--
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\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).
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(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.
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\1\ 22 U.S.C. 2452 note.
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(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.
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\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''.
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* * * * * * *
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\
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\3\ The Department of State and Related Agencies Appropriations
Act, 1992 (title V of Public Law 102-140; 105 Stat. 822), provided the
following:
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``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:
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``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.''.
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(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]
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\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:
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``eastern europe student exchange endowment fund.
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``(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.--
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``(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.
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``(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--
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``(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.
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``(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.''.
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SEC. 226.\5\ ENHANCED EDUCATIONAL EXCHANGE PROGRAM.
(a) Programs for Foreign Students and Scholars.--
---------------------------------------------------------------------------
\5\ 22 U.S.C. 2452 note.
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(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.
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\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''.
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(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.
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\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''.
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(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''.
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(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).
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(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.
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SEC. 2.\2\ PURPOSES.
The purposes of this Act are--
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\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.''.
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(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;
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\3\ So in original. Should read peoples.
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(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''.
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(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.
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\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.''.
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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).
---------------------------------------------------------------------------
(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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
\8\ 22 U.S.C. 5402. Sec. 903 of the FREEDOM Support Act (Public Law
102-511; 106 Stat. 3355) added sec. 3.
---------------------------------------------------------------------------
(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.
---------------------------------------------------------------------------
(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)--
---------------------------------------------------------------------------
\10\ 22 U.S.C. 5412.
---------------------------------------------------------------------------
(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.
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\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--
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\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.
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(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--
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\17\ 22 U.S.C. 5422.
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(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.
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\18\ 22 U.S.C. 5423.
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(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--
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\19\ 22 U.S.C. 5424.
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(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--
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\20\ 22 U.S.C. 5425.
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(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--
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\21\ 22 U.S.C. 5426.
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(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\
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\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.
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\24\ 22 U.S.C. 2199 note.
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(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\
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\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.
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\26\ 12 U.S.C. 635 note.
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(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\
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\27\ Sec. 304(a) amended the Foreign Assistance Act of 1961 by
inserting a new sec. 225.
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(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.
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\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.
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(b) \31\ Effective Date.--The amendments made by this section
shall apply to obligations issued after the date of the
enactment of this Act.
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\31\ 26 U.S.C. 7872 note.
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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.--
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\32\ 22 U.S.C. 5441.
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(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.
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\33\ 22 U.S.C. 5442.
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(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--
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\34\ 22 U.S.C. 5443.
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(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.
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\35\ 22 U.S.C. 5451.
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(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.
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\36\ 22 U.S.C. 5452.
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(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.
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(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.
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\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.
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\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.
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\40\ 22 U.S.C. 5463.
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(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--
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\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.
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(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.
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(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.
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(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.
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\47\ 22 U.S.C. 5475.
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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.
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\48\ 22 U.S.C. 5476.
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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--
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\49\ 22 U.S.C. 5491.
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(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.
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(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.
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\51\ 22 U.S.C. 5493.
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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.
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\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.''.
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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.
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(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.
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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.
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\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.
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(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
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\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''.
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(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\
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\1\ Second Supplemental Appropriations Act, 1984, provided the
following:
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``clement j. zablocki memorial outpatient facility in poland
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``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\
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\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.
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findings and declarations
Sec. 802.\2\ The Congress finds and declares that--
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\2\ 22 U.S.C. 4501.
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(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;
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\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''.
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(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--
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\4\ 22 U.S.C. 4502.
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(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).
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\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--
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\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''.
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(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
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\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\
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\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\
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\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--
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\21\ 22 U.S.C. 4505.
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(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.
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\22\ 22 U.S.C. 4506.
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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.
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\23\ 22 U.S.C. 4507.
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allocation of funds
Sec. 809.\24\ Of the funds authorized to be appropriated by
section 102(1) of this Act--\25\
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\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.
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(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.
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\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.
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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;
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\1\ Sec. 3 of Executive Order 13030, December 12, 1996 (61 F.R.
66187), added reference to para. (5).
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(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:''.
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(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.
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\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''.
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(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''.
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\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.
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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.
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SEC. 102.\2\ FINDINGS.
Congress finds that--
---------------------------------------------------------------------------
\2\ 19 U.S.C. 3701.
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(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--
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\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--
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\4\ 19 U.S.C. 3703.
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(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.
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(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.
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\6\ 19 U.S.C. 3705.
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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.
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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\
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\8\ Subtitle B, pertaining to trade, may be found in Legislation on
Foreign Relations Through 2005, vol. III.
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* * * * * * *
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.
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\10\ 19 U.S.C. 3732.
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(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.
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(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.
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(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.
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(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.
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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--
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\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.
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* * * * * * *
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''.
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\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.
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* * * * * * *
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\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.
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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--
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\3\ 22 U.S.C. 2151 note.
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(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''.
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\1\ 22 U.S.C. 2151 note.
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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''.
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\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''.
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\1\ 22 U.S.C. 2151 note.
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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--
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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.
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\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:
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\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.--
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\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:
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``andean counterdrug initiative
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``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).
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(1) Limitation.--Except as provided in paragraph (2),
none of the funds appropriated or otherwise made
available by any Act shall be available for support of
Plan Colombia unless and until--
(A) the President submits a report to
Congress requesting the availability of such
funds; and
(B) Congress enacts a joint resolution
approving the request of the President under
subparagraph (A).
(2) Exceptions.--The limitation in paragraph (1) does
not apply to--
(A) appropriations made by this Act, the
Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2001, the
Military Construction Appropriations Act, 2001,
the Commerce, Justice, State and the Judiciary
Appropriations Act, 2001, the Treasury and
General Government Appropriations Act, 2001, or
the Department of Defense Appropriations Act,
2001, for the purpose of support of Plan
Colombia; or
(B) the unobligated balances from any other
program used for their originally appropriated
purpose to combat drug production and
trafficking, foster peace, increase the rule of
law, improve human rights, expand economic
development, and institute justice reform in
the countries covered by Plan Colombia.
(3) Waiver.--The limitations in subsection (a) may be
waived by an Act of Congress.
(b) \3\ Limitation on Assignment of United States Personnel
in Colombia.--
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\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:
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``sec. 1021. use of funds for unified counterdrug and counterterrorism
campaign in colombia.
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``(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).
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``(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:
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``(1) The number of United States military personnel assigned for
temporary or permanent duty in Colombia in connection with support of Plan
Colombia may not exceed 800.
``(2) The number of United States individual citizens retained as
contractors in Colombia in connection with support of Plan Colombia who are
funded by Federal funds may not exceed 600.
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``(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--
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``(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.
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``(2) The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.''.
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(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
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\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''.
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(B) the employment of any United States
individual civilian retained as a contractor in
Colombia if that employment would cause the
total number of United States individual
civilian contractors employed in Colombia in
support of Plan Colombia who are funded by
Federal funds to exceed 400.\5\
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\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''.
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(2) Exception.--The limitation contained in paragraph
(1) shall not apply if--
(A) the President submits a report to
Congress requesting that the limitation not
apply; and
(B) Congress enacts a joint resolution
approving the request of the President under
subparagraph (A).
(c) Waiver.--The President may waive the limitation in
subsection (b)(1) for a single period of up to 90 days in the
event that the Armed Forces of the United States are involved
in hostilities or that imminent involvement by the Armed Forces
of the United States in hostilities is clearly indicated by the
circumstances.
(d) Statutory Construction.--Nothing in this section may be
construed to affect the authority of the President to carry out
any emergency evacuation of United States citizens or any
search or rescue operation for United States military personnel
or other United States citizens.
(e) Report on Support for Plan Colombia.--Not later than
June 1, 2001, and not later than June 1 and December 1 of each
of the succeeding 4 fiscal years, the President shall submit a
report to 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.
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(b) Table of Contents.--The table of contents of this Act
is as follows:
Page
Sec. 1. Short title; table of contents............................ 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:
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\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.
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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.
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(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.
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(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.--
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\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--* * *
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\9\ For the Cuban Democracy Act of 1992, as amended, see
Legislation on Foreign Relations Through 2005, vol. III.
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(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.
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\10\ 22 U.S.C. 6033.
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(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.
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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.
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\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.
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(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.
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\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''.
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(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.
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(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.
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(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.
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(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.
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(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.''.
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(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.
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\22\ 22 U.S.C. 6043.
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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.
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\24\ 22 U.S.C. 6045.
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SEC. 116.\25\ CONDEMNATION OF CUBAN ATTACK ON AMERICAN AIRCRAFT.
(a) Findings.--The Congress makes the following findings:
---------------------------------------------------------------------------
\25\ 22 U.S.C. 6046.
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(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.
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(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.
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(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--
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\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.
---------------------------------------------------------------------------
(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:
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\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.
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\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.
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(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.
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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.
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(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.
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``(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.
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(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''.
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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).
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\12\ 7 U.S.C. 1738g.
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(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.
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\13\ 7 U.S.C. 1738h.
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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''.
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(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
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\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''.
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(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\
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\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''.
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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.
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\20\ 7 U.S.C. 1738j.
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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--
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\21\ 7 U.S.C. 1738k.
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(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.);''.
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(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.
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(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\
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\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--''.
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(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).
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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).
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(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.
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\30\ 7 U.S.C. 1738q. Added by sec. 2 of Public Law 102-532 (106
Stat. 3509).
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(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.
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\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).
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(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
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\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.
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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.
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\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).
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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;
(B) the P.L.O., the Palestinian Authority,
and successor entities are complying with all
the commitments described in paragraph (4); and
(C) funds provided pursuant to the exercise
of this authority and the authorities under
section 583(a) of Public Law 103-236 and
section 3(a) of Public Law 103-125 have been
used for the purposes for which they were
intended.
(3) Requirement for continuing p.l.o. compliance.--
(A) The President shall ensure that P.L.O. performance
is continuously monitored and if the President at any
time determines that the P.L.O. has not continued to
comply with all the commitments described in paragraph
(4), he shall so notify the relevant congressional
committees and any suspension under subsection (a) of a
provision of law specified in subsection (d) shall
cease to be effective.
(B) Beginning six months after the date of enactment
of this Act, if the President on the basis of the
continuous monitoring of the P.L.O.'s performance
determines that the P.L.O. is not complying with the
requirements described in subsection (c), he shall so
notify the relevant congressional committees and no
assistance shall be provided pursuant to the exercise
by the President of the authority provided by
subsection (a) until such time as the President makes
the certification provided for in subsection (c).
(4) P.L.O. commitments described.--The commitments
referred to in paragraphs (2)(B) and (3)(A) are the
commitments made by the P.L.O--
(A) in its letter of September 9, 1993, to
the Prime Minister of Israel; in its letter of
September 9, 1993, to the Foreign Minister of
Norway to--
(i) recognize the right of the State
of Israel to exist in peace and
security;
(ii) accept United Nations Security
Council Resolutions 242 and 338;
(iii) renounce the use of terrorism
and other acts of violence;
(iv) assume responsibility over all
P.L.O. elements and personnel in order
to assure their compliance, prevent
violations and discipline violators;
(v) call upon the Palestinian people
in the West Bank and Gaza Strip to take
part in the steps leading to the
normalization of life, rejecting
violence and terrorism, and
contributing to peace and stability;
and
(vi) submit to the Palestine National
Council for formal approval the
necessary changes to the Palestinian
National Covenant eliminating calls for
Israel's destruction, and
(B) in, and resulting from, the good faith
implementation of the Declaration of
Principles, including good faith implementation
of subsequent agreements with Israel, with
particular attention to the objective of
preventing terrorism, as reflected in the
provisions of the Interim Agreement
concerning--
(i) prevention of acts of terrorism
and legal measures against terrorists,
including the arrest and prosecution of
individuals suspected of perpetrating
acts of violence and terror;
(ii) abstention from and prevention
of incitement, including hostile
propaganda;
(iii) operation of armed forces other
than the Palestinian Police;
(iv) possession, manufacture, sale,
acquisition or importation of weapons;
(v) employment of police who have
been convicted of serious crimes or
have been found to be actively involved
in terrorist activities subsequent to
their employment;
(vi) transfers to Israel of
individuals suspected of, charged with,
or convicted of an offense that falls
within Israeli criminal jurisdiction;
(vii) cooperation with the government
of Israel in criminal matters,
including cooperation in the conduct of
investigations; and
(viii) exercise of powers and
responsibilities under the agreement
with due regard to internationally
accepted norms and principles of human
rights and the rule of law.
(5) \1\ Policy justification.--As part of the
President's written policy justification to be
submitted to the relevant Congressional Committees
pursuant to paragraph (1), the President will report
on--
(A) the manner in which the P.L.O. has
complied with the commitments specified in
paragraph (4), including responses to
individual acts of terrorism and violence,
actions to discipline perpetrators of terror
and violence, and actions to preempt acts of
terror and violence;
(B) the extent to which the P.L.O. has
fulfilled the requirements specified in
subsection (c);
(C) actions that the P.L.O. has taken with
regard to the Arab League boycott of Israel;
(D) the status and activities of the P.L.O.
office in the United States;
(E) all United States assistance which
benefits, directly or indirectly, the projects,
programs, or activities of the Palestinian
Authority in Gaza, Jericho, or any other area
it may control, since September 13, 1993,
including--
(i) the obligation and disbursal of
such assistance, by project, activity,
and date, as well as by prime
contractor and all subcontractors;
(ii) the organizations or individuals
responsible for the receipt and
obligation of such assistance;
(iii) the intended beneficiaries of
such assistance; and
(iv) the amount of international
donor funds that benefit the P.L.O. or
the Palestinian Authority in Gaza,
Jericho, or any other area the P.L.O.
or the Palestinian Authority may
control, and to which the United States
is a contributor; and
(F) statements by senior officials of the
P.L.O., the Palestinian Authority, and
successor entities that question the right of
Israel to exist or urge armed conflict with or
terrorism against Israel or its citizens,
including an assessment of the degree to which
such statements reflect official policy of the
P.L.O., the Palestinian Authority, or successor
entities.
(c) Requirement for Continued Provision of Assistance.--Six
months after the enactment of this Act, United States
assistance shall not be provided pursuant to the exercise by
the President of the authority provided by subsection (a),
unless and until the President determines and so certifies to
the Congress that--
(1) if the Palestinian Council has been elected and
assumed its responsibilities, it has, within 2 months,
effectively disavowed and thereby nullified the
articles of the Palestine National Covenant which call
for Israel's destruction, unless the necessary changes
to the Covenant have already been approved by the
Palestine National Council;
(2) the P.L.O., the Palestinian Authority, and
successor entities have exercised their authority
resolutely to establish the necessary enforcement
institutions; including laws, police, and a judicial
system, for apprehending, transferring, prosecuting,
convicting, and imprisoning terrorists;
(3) \2\ the P.L.O., has limited participation in the
Palestinian Authority and its successors to individuals
and groups that neither engage in nor practice
terrorism or violence in the implementation of their
political goals;
---------------------------------------------------------------------------
\2\ As enrolled. Should probably read ``the P.L.O. has limited
participation''.
---------------------------------------------------------------------------
(4) the P.L.O., the Palestinian Authority, and
successor entities have not provided any financial or
material assistance or training to any group, whether
or not affiliated with the P.L.O., to carry out actions
inconsistent with the Declaration of Principles,
particularly acts of terrorism against Israel;
(5) the P.L.O., the Palestinian Authority, or
successor entities have cooperated in good faith with
Israeli authorities in--
(A) the preemption of acts of terrorism;
(B) the apprehension, trial, and punishment
of individuals who have planned or committed
terrorist acts subject to the jurisdiction of
the Palestinian Authority or any successor
entity; and
(C) the apprehension of and transfer to
Israeli authorities of individuals suspected
of, charged with, or convicted of, planning or
committing terrorist acts subject to Israeli
jurisdiction in accordance with the specific
provisions of the Interim Agreement;
(6) the P.L.O., the Palestinian Authority, and
successor entities have exercised their authority
resolutely to enact and implement laws requiring the
disarming of civilians not specifically licensed to
possess or carry weapons;
(7) the P.L.O., the Palestinian Authority, and
successor entities have not funded, either partially or
wholly, or have ceased funding, either partially or
wholly, any office, or other presence of the
Palestinian Authority in Jerusalem unless established
by specific agreement between Israel and the P.L.O.,
the Palestinian Authority, or successor entities;
(8) the P.L.O., the Palestinian Authority, and
successor entities are cooperating fully with the
Government of the United States on the provision of
information on United States nationals known to have
been held at any time by the P.L.O. or factions
thereof; and
(9) the P.L.O., the Palestinian Authority, and
successor entities have not, without the agreement of
the Government of Israel, taken any steps that will
change the status of Jerusalem or the West Bank and
Gaza Strip, pending the outcome of the permanent status
negotiations.
(d) \3\ Provisions That May Be Suspended.--The provisions
that may be suspended under the authority of subsection (a) are
the following:
---------------------------------------------------------------------------
\3\ Sec. 3 of the Middle East Peace Facilitation Act of 1993, as
amended (Public Law 103-125; 107 Stat. 1309), authorized the President
to suspend certain provisions of law as they applied to the P.L.O. or
entities associated with it if certain conditions were met and the
President so certified and consulted with relevant congressional
committees. This authority was continued in the Middle East Peace
Facilitation Act of 1994 (Public Law 103-236), and again in the Middle
East Peace Facilitation Act of 1995 (Public Law 104-107).
The President issued certifications, as provided for in the 1993,
1994, and 1995 Acts, in Presidential Determination No. 94-13 of January
14, 1994 (59 F.R. 4777), which was extended until January 1, 1995, by
Presidential Determination No. 94-30 of June 30, 1994 (59 F.R. 35607);
until July 1, 1995, by Presidential Determination No. 95-12 of December
31, 1994 (60 F.R. 2673); until August 15, 1995, by Presidential
Determination No. 95-31 of July 2, 1995 (60 F.R. 35827); until October
1, 1995, by Presidential Determination No. 95-36 of August 14, 1995 (60
F.R. 44725); until November 1, 1995, by Presidential Determination No.
95-50 of September 30, 1995 (60 F.R. 53093); until December 31, 1995,
by Presidential Determination No. 96-5 of November 13, 1995 (60 F.R.
57821); until March 31, 1996, by Presidential Determination No. 96-8 of
January 4, 1996 (61 F.R. 2889); until June 15, 1996, by Presidential
Determination No. 96-20 of April 1, 1996 (61 F.R. 26019); until August
12, 1996, by Presidential Determination No. 96-32 of June 14, 1996 (61
F.R. 32629); until February 12, 1997, by Presidential Determination No.
96-41 of August 12, 1996 (61 F.R. 43137); and until August 12, 1997, by
Presidential Determination No. 97-17 of February 21, 1997 (62 F.R.
9903).
Authority to waive certain provisions is continued in general
provisions of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2006 (Public Law 109-102); see secs.
534(d), 544, 547, and 550. See also sec. 555, restricting aid unless
the Secretary of State certifies that certain conditions have been met
pertaining to Palestinian statehood, sec. 558, prohibiting assistance
to the Palestinian Broadcasting Corporation, and sec. 559, West Bank
and Gaza Program.
On December 5, 1997, the President waived the provisions of sec.
1003 of the Anti-Terrorism Act of 1987 (Public Law 100-204) through
June 4, 1998 (Presidential Determination No. 98-8; 62 F.R. 66255);
further waived through November 26, 1998 (Presidential Determination
No. 98-29; June 3, 1998; 63 F.R. 32711); through May 24, 1999
(Presidential Determination No. 98-5; November 25, 1998; 63 F.R.
68145); through October 21, 1999 (Presidential Determination No. 99-25;
May 24, 1999; 64 F.R. 29537); through April 21, 2000 (Presidential
Determination 00-2; October 21, 1999; 64 F.R. 58755); through October
21, 2000 (Presidential Determination No. 2000-19; April 21, 2000; 65
F.R. 24852); through October 17, 2001 (Presidential Determination No.
01-13; April 17, 2001; 66 F.R. 20585); through April 16, 2002
(Presidential Determination No. 2002-03; October 16, 2001; 66 F.R.
53505); through October 16, 2002 (Presidential Determination No. 2002-
14; April 16, 2002; 67 F.R. 20427); through April 16, 2003
(Presidential Determination No. 03-03; October 16, 2002; 67 F.R.
65471); through October 16, 2003 (Presidential Determination No. 2003-
20; April 16, 2003; 68 F.R. 20327); through April 14, 2004
(Presidential Determination No. 2004-04; October 14, 2003; 68 F.R.
60841); through October 14, 2004 (Presidential Determination No. 2004-
28; April 14, 2004; 69 F.R. 21679); through April 14, 2005
(Presidential Determination No. 2005-02; October 14, 2004; 69 F.R.
62795); through October 14, 2005 (Presidential Determination No. 2005-
22; April 14, 2005; 70 F.R. 21611); and through April 14, 2006
(Presidential Determination No. 2006-01; October 14, 2005; 70 F.R.
62225).
---------------------------------------------------------------------------
(1) Section 307 of the Foreign Assistance Act of 1961
(22 U.S.C. 2227) \4\ as it applies with respect to the
P.L.O. or entities associated with it.
---------------------------------------------------------------------------
\4\ For text, see Legislation on Foreign Relations Through 2005,
vol. I-A.
---------------------------------------------------------------------------
(2) Section 114 of the Department of State
Authorization Act, fiscal years 1984 and 1985 (22
U.S.C. 287e note) \5\ as it applies with respect to the
P.L.O. or entities associated with it.
---------------------------------------------------------------------------
\5\ For text, see Legislation on Foreign Relations Through 2005,
vol. II.
---------------------------------------------------------------------------
(3) Section 1003 of the Foreign Relations
Authorization Act, fiscal years 1988 and 1989 (22
U.S.C. 5202).\6\
---------------------------------------------------------------------------
\6\ For text, see Legislation on Foreign Relations Through 2005,
vol. II.
---------------------------------------------------------------------------
(4) Section 37 of the Bretton Woods Agreement Act (22
U.S.C. 286W) \7\ as it applies on the granting to the
P.L.O. of observer status or other official status at
any meeting sponsored by or associated with the
International Monetary Fund. As used in this paragraph,
the term ``other official status'' does not include
membership in the International Monetary Fund.
---------------------------------------------------------------------------
\7\ For text, see Legislation on Foreign Relations Through 2005,
vol. III.
---------------------------------------------------------------------------
(e) Definitions.--As used in this title:
(1) Relevant Congressional Committees.--The term
``relevant congressional committees'' mean--
(A) the Committee on International Relations,
the Committee on Banking and Financial
Services, and the Committee on Appropriations
of the House of Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
(2) United States Assistance.--The term ``United
States assistance'' means any form of grant, loan, loan
guarantee, credit, insurance, in kind assistance, or
any other form of assistance.
transition provision
Sec. 605. (a) In General.--Section 583(a) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236) is amended by striking ``November 1, 1995'' and
inserting ``January 1, 1996''.\8\
---------------------------------------------------------------------------
\8\ For amended text, see page 305.
---------------------------------------------------------------------------
(b) Consultation.--For purposes of any exercise of the
authority provided in section 583(a) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-
236) prior to November 15, 1995, the written policy
justification dated June 1, 1995, and submitted to the Congress
in accordance with section 583(b)(1) of such Act, and the
consultations associated with such policy justification, shall
be deemed to satisfy the requirements of section 583(b)(1) of
such Act.
reporting requirement
Sec. 606. Section 804(b) of the P.L.O. Commitments
Compliance Act of 1989 (title VIII of Public Law 101-246) is
amended--\9\
---------------------------------------------------------------------------
\9\ For text, see Legislation on Foreign Relations Through 2005,
vol. II.
---------------------------------------------------------------------------
(1) in the matter preceding paragraph (1), by
striking ``section (3)(b)(1) of the Middle East Peace
Facilitation Act of 1994'' and inserting ``section
604(b)(1) of the Middle East Peace Facilitation Act of
1995''; and
(2) in paragraph (1), by striking ``section (4)(a) of
the Middle East Peace Facilitation Act of 1994 (Oslo
commitments)'' and inserting ``section 604(b)(4) of the
Middle East Peace Facilitation Act of 1995''.
(3) Middle East Peace Facilitation Act of 1994
Title V, Part E of Public Law 103-236 [Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 488, approved
April 23, 1994; amended by Public Law 103-306 [Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1995; H.R.
4426], 108 Stat. 1608, approved August 23, 1994; Public Law 104-17 (109
Stat. 191), approved July 2, 1995; Public Law 104-22 (109 Stat. 260),
approved August 14, 1995; Public Law 104-30 (109 Stat. 277), approved
September 30, 1995; Public Law 104-47 (109 Stat. 423), approved
November 13, 1995; Public Law 104-89 (109 Stat. 960), approved January
4, 1996; and by Public Law 104-99 [Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1996, H.R. 1868,
enacted by reference in sec. 301 of Public Law 104-99; H.R. 2880], 110
Stat. 26, approved January 26, 1996, enacted again as Public Law 104-
107 [H.R. 1868], 110 Stat. 704, approved February 12, 1996
PART E--MIDDLE EAST PEACE FACILITATION
SEC. 581. SHORT TITLE.
This part may be cited as the ``Middle East Peace
Facilitation Act of 1994''.
SEC. 582. FINDINGS.
The Congress finds that--
(1) the Palestine Liberation Organization has
recognized the State of Israel's right to exist in
peace and security; accepted United Nations Security
Council Resolutions 242 and 338; committed itself to
the peace process and peaceful coexistence with Israel,
free from violence and all other acts which endanger
peace and stability; and assumed responsibility over
all Palestine Liberation Organization elements and
personnel in order to assure their compliance, prevent
violations, and discipline violators;
(2) Israel has recognized the Palestine Liberation
Organization as the representative of the Palestinian
people;
(3) Israel and the Palestine Liberation Organization
signed a Declaration of Principles on Interim Self-
Government Arrangements on September 13, 1993, at the
White House;
(4) the United States has resumed a bilateral
dialogue with the Palestine Liberation Organization;
and
(5) in order to implement the Declaration of
Principles on Interim Self-Government Arrangements and
facilitate the Middle East peace process, the President
has requested flexibility to suspend certain provisions
of law pertaining to the Palestine Liberation
Organization.
SEC. 583. AUTHORITY TO SUSPEND CERTAIN PROVISIONS.
(a) In General.--Subject to subsection (b), beginning July
1, 1994, the President may suspend for a period of not more
than 6 months any provision of law specified in subsection (c).
The President may continue the suspension for a period or
periods of not more than 6 months until March 31, 1996,\1\ if,
before each such period, the President satisfies the
requirements of subsection (b). Any suspension shall cease to
be effective after 6 months, or at such earlier date as the
President may specify.
---------------------------------------------------------------------------
\1\ Sec. 1 of Public Law 104-17 (109 Stat. 191) extended this
authority from July 1, 1995 to August 15, 1995. Further extensions were
provided in Public Law 104-22 (109 Stat. 260)--extending to October 1,
1995; Public Law 104-30 (109 Stat. 277)--extending to November 1, 1995;
Public Law 104-47 (109 Stat. 423)--extending to December 31, 1995; and
Public Law 104-89 (109 Stat. 960)--extending to March 31, 1996. The
latter extensions further provided the following, with appropriate
dates adjusted:
``(b) Consultation.--For purposes of any exercise of the authority
provided in section 583(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236) prior to January 10,
1996, the written policy justification dated December 1, 1995, and
submitted to the Congress in accordance with section 583(b)(1) of such
Act, shall be deemed to satisfy the requirements of section 583(b)(1)
of such Act.''.
Sec. 605(a) Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1996 (Public Law 104-107; 110 Stat. 760),
struck out ``November 1, 1995'' and inserted in lieu thereof ``January
1, 1996'', an amendment already similarly provided in Public Law 104-47
and further amended by Public Law 104-89.
---------------------------------------------------------------------------
(b) Conditions.--
(1) \2\ Consultation.--Prior to each exercise of the
authority provided in subsection (a), the President
shall consult with the relevant congressional
committees. The President may not exercise that
authority until 30 days after a written policy
justification is submitted to the relevant
congressional committees.
---------------------------------------------------------------------------
\2\ In a July 26, 1994, memorandum the President delegated
responsibility of fulfilling functions in paras. (1) and (6) to the
Secretary of State.
---------------------------------------------------------------------------
(2) Presidential certification.--The President may
exercise the authority provided in subsection (a) only
if the President certifies to the relevant
congressional committees each time he exercises such
authority that--
(A) it is in the national interest of the
United States to exercise such authority; and
(B) the Palestine Liberation Organization
continues to abide by all the commitments
described in paragraph (4).
(3) Requirement for continuing plo compliance.--Any
suspension under subsection (a) of a provision of law
specified in subsection (c) shall cease to be effective
if the President certifies to the relevant
congressional committees that the Palestine Liberation
Organization has not continued to abide by all the
commitments described in paragraph (4).
(4) PLO commitments described.--The commitments
referred to in paragraphs (2) and (3) are the
commitments made by the Palestine Liberation
Organization--
(A) in its letter of September 9, 1993, to
the Prime Minister of Israel; in its letter of
September 9, 1993, to the Foreign Minister of
Norway to--
(i) recognize the right of the State
of Israel to exist in peace and
security;
(ii) accept United Nations Security
Council Resolutions 242 and 338;
(iii) renounce the use of terrorism
and other acts of violence;
(iv) assume responsibility over all
PLO elements and personnel in order to
assure their compliance, prevent
violations and discipline violators;
(v) call upon the Palestinian people
in the West Bank and Gaza Strip to take
part in the steps leading to the
normalization of life, rejecting
violence and terrorism, and
contributing to peace and stability;
and
(vi) submit to the Palestine National
Council for formal approval the
necessary changes to the Palestinian
National Covenant eliminating calls for
Israel's destruction, and
(B) in, and resulting from, the good faith
implementation of, the Declaration of
Principles on Interim Self-Government
Arrangements signed on September 13, 1993.
(5) Expectation of congress regarding any extension
of presidential authority.--The Congress expects that
any extension of the authority provided to the
President in subsection (a) will be conditional on the
Palestine Liberation Organization--
(A) renouncing the Arab League boycott of
Israel;
(B) urging the nations of the Arab League to
end the Arab League boycott of Israel;
(C) cooperating with efforts undertaken by
the President of the United States to end the
Arab League boycott of Israel; \3\
---------------------------------------------------------------------------
\3\ Sec. 565A of Public Law 103-306 (108 Stat. 1650) struck out
``and'' at the end of subpara. (C); struck out the period at the end of
subpara. (D) and inserted in lieu thereof ``; and''; and added subpara.
(E).
---------------------------------------------------------------------------
(D) condemning individual acts of terrorism
and violence; and \3\
(E) \3\ amending its National Covenant to
eliminate all references calling for the
destruction of Israel.
(6) Reporting requirement.--As part of the
President's written policy justification referred to in
paragraph (1), the President will report on the PLO's
response to individual acts of terrorism and violence,
as well as its actions concerning the Arab League
boycott of Israel as enumerated in paragraph (5) and on
the status of the PLO office in the United States as
enumerated in subsection (c)(3).
(c) \4\ Provisions That May Be Suspended.--The provisions
that may be suspended under the authority of subsection (a) are
the following:
---------------------------------------------------------------------------
\4\ Sec. 3 of the Middle East Peace Facilitation Act of 1993, as
amended (Public Law 103-125; 107 Stat. 1309), authorized the President
to suspend certain provisions of law as they applied to the P.L.O. or
entities associated with it if certain conditions were met and the
President so certified and consulted with relevant congressional
committees. This authority was continued in the Middle East Peace
Facilitation Act of 1994 (Public Law 103-236), and again in the Middle
East Peace Facilitation Act of 1995 (Public Law 104-107).
The President issued certifications, as provided for in the 1993,
1994, and 1995 Acts, in Presidential Determination No. 94-13 of January
14, 1994 (59 F.R. 4777), which was extended until January 1, 1995, by
Presidential Determination No. 94-30 of June 30, 1994 (59 F.R. 35607);
until July 1, 1995, by Presidential Determination No. 95-12 of December
31, 1994 (60 F.R. 2673); until August 15, 1995, by Presidential
Determination No. 95-31 of July 2, 1995 (60 F.R. 35827); until October
1, 1995, by Presidential Determination No. 95-36 of August 14, 1995 (60
F.R. 44725); until November 1, 1995, by Presidential Determination No.
95-50 of September 30, 1995 (60 F.R. 53093); until December 31, 1995,
by Presidential Determination No. 96-5 of November 13, 1995 (60 F.R.
57821); until March 31, 1996, by Presidential Determination No. 96-8 of
January 4, 1996 (61 F.R. 2889); until June 15, 1996, by Presidential
Determination No. 96-20 of April 1, 1996 (61 F.R. 26019); until August
12, 1996, by Presidential Determination No. 96-32 of June 14, 1996 (61
F.R. 32629); until February 12, 1997, by Presidential Determination No.
96-41 of August 12, 1996 (61 F.R. 43137); and until August 12, 1997, by
Presidential Determination No. 97-17 of February 21, 1997 (62 F.R.
9903).
Authority to waive certain provisions is continued in general
provisions of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2006 (Public Law 109-102); see secs.
534(d), 544, 547, and 550. See also sec. 555, restricting aid unless
the Secretary of State certifies that certain conditions have been met
pertaining to Palestinian statehood, sec. 558, prohibiting assistance
to the Palestinian Broadcasting Corporation, and sec. 559, West Bank
and Gaza Program.
On December 5, 1997, the President waived the provisions of sec.
1003 of the Anti-Terrorism Act of 1987 (Public Law 100-204) through
June 4, 1998 (Presidential Determination No. 98-8; 62 F.R. 66255);
further waived through November 26, 1998 (Presidential Determination
No. 98-29; June 3, 1998; 63 F.R. 32711); through May 24, 1999
(Presidential Determination No. 98-5; November 25, 1998; 63 F.R.
68145); through October 21, 1999 (Presidential Determination No. 99-25;
May 24, 1999; 64 F.R. 29537); through April 21, 2000 (Presidential
Determination 00-2; October 21, 1999; 64 F.R. 58755); through October
21, 2000 (Presidential Determination No. 2000-19; April 21, 2000; 65
F.R. 24852); through October 17, 2001 (Presidential Determination No.
01-13; April 17, 2001; 66 F.R. 20585); through April 16, 2002
(Presidential Determination No. 2002-03; October 16, 2001; 66 F.R.
53505); through October 16, 2002 (Presidential Determination No. 2002-
14; April 16, 2002; 67 F.R. 20427); through April 16, 2003
(Presidential Determination No. 03-03; October 16, 2002; 67 F.R.
65471); through October 16, 2003 (Presidential Determination No. 2003-
20; April 16, 2003; 68 F.R. 20327); through April 14, 2004
(Presidential Determination No. 2004-04; October 14, 2003; 68 F.R.
60841); through October 14, 2004 (Presidential Determination No. 2004-
28; April 14, 2004; 69 F.R. 21679); through April 14, 2005
(Presidential Determination No. 2005-02; October 14, 2004; 69 F.R.
62795); through October 14, 2005 (Presidential Determination No. 2005-
22; April 14, 2005; 70 F.R. 21611); and through April 14, 2006
(Presidential Determination No. 2006-01; October 14, 2005; 70 F.R.
62225).
---------------------------------------------------------------------------
(1) Section 307 of the Foreign Assistance Act of 1961
(22 U.S.C. 2227) \5\ as it applies with respect to the
Palestine Liberation Organization or entities
associated with it.
---------------------------------------------------------------------------
\5\ For text, see Legislation on Foreign Relations Through 2005,
vol. I-A.
---------------------------------------------------------------------------
(2) Section 114 of the Department of State
Authorization Act, Fiscal years 1984 and 1985 (22
U.S.C. 287e note) \6\ as it applies with respect to the
Palestine Liberation Organization or entities
associated with it.
---------------------------------------------------------------------------
\6\ For text, see Legislation on Foreign Relations Through 2005,
vol. II.
---------------------------------------------------------------------------
(3) Section 1003 of the Foreign Relations
Authorization Act, Fiscal years 1988 and 1989 (22
U.S.C. 5202).\7\
---------------------------------------------------------------------------
\7\ For text, see Legislation on Foreign Relations Through 2005,
vol. II.
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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
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\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.
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\1\ Sec. 1 of Public Law 103-166 (107 Stat. 1978) struck out
``January 1'' and inserted in lieu thereof ``July 1''.
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(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