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S. 1443 (93rd): Foreign Assistance Act of 1973


The text of the bill below is as of Dec 17, 1973 (Passed Congress).


714                                         PUBLIC LAW 93-189-DEC. 17, 1973                        [87 STAT.

                          Public Law 93-189                                          ->;;.;.«' .
December 17, 1973                                            AN   ACT
      1^^- ^'^'^^'i             To amend the Foreign Assistance Act of 1961, and for other purposes.

                             Be it enacted hy the Senate and House of Representatives of the
  Foreign A s s i s t -    United States of America in Congress asserabled, That this Act may
ance Act of 1973.
                           be cited as the "Foreign Assistance Act of 1973".
                                    POLICY; DEVELOPMENT ASSISTANCE AUTHORIZATIONS

                             SEC. 2. Chapter 1 of part I of the Foreign Assistance Act of 1961 is
                           amended as follows:
                             (1) In the chapter heading, immediately after "CHAPTER 1—POL-
                          ICY", insert " ; DEVJ:LOPMENT ASSISTANCE AUTHORIZATIONS".
  81 sta^- 445•              (2) In section 102—
  22
  no uTTo^
       s e 2151.
            n,r,                   ^^^ insert"(a)"immediately after "STATEMENT or P O L I C Y . — " ;
                                and
                                   (B) add at the end thereof the following:
                             "(b) The Congress further finds and declares that, with the help of
                          United States economic assistance, progress has been made in creating
                          a base for the economic progress of the less developed countries. At the
                          same time, the conditions which shaped the United States foreign
                          assistance program in the past have changed. While the United States
                          must continue to seek increased cooperation and mutually beneficial
                          relations with other nations, our relations with the less developed coun-
                          tries must be revised to reflect the new realities. I n restructuring our
                          relationships with these countries, the President should place appro-
                          priate emphasis on the following criteria:
                             "(1) Bilateral development aid should concentrate increasingly on
                          sharing American technical expertise, farm commodities, and indus-
                          trial goods to meet critical development problems, and less on large-
                           scale capital transfers, which when made should be in association with
                          contributions from other industrialized countries working together in a
                          multilateral framework.
                             " (2) Future United States bilateral support for development should
                           focus on critical problems in those functional sectors which affect the
                          lives of the majority of the people in the developing countries: food
                          production; rural development and nutrition; population planning and
                           health; and education, public administration, and human resource
                           development.
                             "(3) United States cooperation in development should be carried
                           out to the maximum extent possible through the private sector, includ-
                           ing those institutions which already have ties in the developing areas,
                          such as educational institutions, cooperatives, credit unions, and volun-
                          tary agencies.
                             "(4) Development planning must be the responsibility of each
                           sovereign country. United States assistance should be administered in
                           a collaborative style to support the development goals chosen by each
                           country receiving assistance.
                             " (5) United States bilateral development assistance should give the
                           highest priority to undertakings submitted by host governments
                           wliich directly improve the lives of the poorest of their people and
                           their capacity to participate in the development of their countries.
                             "(6) The economic and social development programs to which the
                           United States lends support should reflect, to the maximum extent
                           practicable, the role of United States private investment in such eco-
                           nomic and social development programs.

87 STAT. ] PUBLIC LAW 93-189-DEC. 17, 1973 715 "(7) Under the policy guidance of the Secretary of State, the agency primarily responsible for administering this part should have the responsibility for coordinating all United States development- related activities." (3) At the end thereof, add the following new sections: si stat. 445. " S E C . 103. FOOD AND NUTRITION.—In order to alleviate starvation, ^^ " ^ ^ ^^'^' hunger, and malnutrition, and to provide basic services to poor people, enhancing their capacity for self-help, the President is authorized to furnish assistance, on such terms and conditions as he may determine, for agriculture, rural development, and nutrition. There are author- ized to be appropriated to the President for the purposes of this sec- tion, in addition to funds otherwise available for such purposes, $291,000,000 for each of the fiscal years 1974 and 1975, which amounts are authorized to remain available until expended. " S E C . 104. POPULATION PLANNING AND H E A L T H . — I n order to increase the opportunities and motivation for family planning, to reduce the rate of population growth, to prevent and combat disease, and to help provide health services for the great majority, the President is authorized to furnish assistance on such terms and conditions as he may determine, for population planning and health. There are authorized to be appropriated to the President for the purposes of this section, in addition to the funds otherwise available for such purposes, $145,000,000 for each of the fiscal years 1974 and 1975, which amounts are authorized to remain available until expended. " S E C . 105. EDUCATION AND H U M A N EESOURCES DEVELOPMENT.—In order to reduce illiteracy, to extend basic education and to increase manpower training in skills related to development, the President is authorized to furnish assistance on such terms and conditions as he may determine, for education, public administration, and human resource development. There are authorized to be appropriated to the President for the purposes of this section, in addition to funds other- wise available for such purposes, $90,000,000 for each of the fiscal years 1974 and 1975, which amounts are authorized to remain available until expended. " S E C . 106. SELECTED DEVELOPMENT PROBLEMS.—The President is authorized to furnish assistance on such terms and conditions as he may determine, to help solve economic and social development prob- lems in fields such as transportation, power, industry, urban develop- ment, and export development. There are authorized to be approprirled to the President for the purposes of this section, in addition to funds otherwise available for such purposes, $53,000,000 for each of the fiscal years 1974 and 1975, which amounts are authorized to remain available until expended. " S E C . 107. SELECTED COUNTRIES AND ORGANIZATIONS.—The President is authorized to furnish assistance on such terms and conditions as he may determine, in support of the general economy of recipient coun- tries or for development programs conducted by private or interna- tional organizations. There are authorized to be appropriated to the President for the purposes of this section, in addition to funds other- wise available for such purposes, $39,000,000 for each of the fiscal years 1974 and 1975, which amounts are authorized to remain available until expended. " S E C . 108. APPLICATION OF EXISTING PROVISIONS.—Assistance under this chapter shall be furnished in accordance with the provisions of titles I, I I , or X of chapter 2 of this part, and nothing in this chapter ^^ ^^^^ ^^'^^ shall be construed to make inapplicable the restrictions, criteria, 2171, 2219. authorities, or other provisions of this or any other Act in accordance with which assistance furnished under this chapter would otherwise have been provided.
716 PUBLIC LAW 93-189-DEC. 17, 1973 [87 STAT. " S E C . 109. TRANSFER or FUNDS.—Notwithstanding section 108 of this Act, whenever the President determines it to be necessary for the pur- poses of this chapter, not to exceed 15 per centum of the funds made available for any provision of this chapter may be transferred to, and consolidated with, the funds made available for any other provision of this chapter, and may be used for any of the purposes for which such funds may be used, except that the total in the provision for the benefit of which the transfer is made shall not be increased by more than 25 per centum of the amount of funds made available for such provision. 7 ^sta5^*' y^' '^^^ authority of sections 610(a) and 614(a) of this Act may not be ^so^sut^.^sbs. used to transfer funds made available under this chapter for use for 22 use 2360, purposcs of any other provision of this Act. ^^^'^' " S E C . 110. COST-SHARING AND FUNDING L I M I T S . — ( a ) No assistance shall be furnished by the United States Government to a country under sections 103 through 107 of this Act until the country provides assurances to the President, and the President is satisfied, that such country will provide at least 25 per centum of the costs of the entire program, project, or activity with respect to which such assistance is to be furnished, except that such costs borne by such country may be provided on an 'in-kind' basis. " ( b ) No grant assistance shall be disbursed by the United States Government under sections 103 through 107 of this Act for a project, for a period exceeding thirty-six consecutive months, without further justification satisfactory to the Congress and efforts being made to obtain sources of financing within that country and from other foreign countries and multilateral organizations. " S E C . 111. DEVELOPMENT AND U S E OF COOPERATIVES.—In order to strengthen the participation of the urban and rural poor in their coun- try's development, not less than $20,000,000 of the funds made avail- able for the purposes of this chapter shall be available during the fiscal years 1974 and 1975 only for assistance in the development of coopera- tives in the less developed countries which will enable and encourage greater numbers of the poor to help themselves toward a better life. " S E C . 112. PROHIBITING POLICE TRAINING.—(a) No part of any appropriation made available to carry out this Act shall be used to conduct any police training or related program in a foreign country. " ( b ) Subsection (a) of this section shall not apply— " (1) with respect to assistance rendered under section 515 (c) of the Omnibus Crime Control and Safe Streets Act of 1968, as ^2 Stat. 207; amended, or with respect to any authority of the Drug Enforce- 42 use 3763. mcut Administration or the Federal Bureau of Investigation which relates to crimes of the nature which are unlawful under the laws of the United States; or " (2) to any contract entered into prior to the date of enactment of this section with any person, organization, or agency of the United States Government to provide personnel to conduct, or assist in conducting, any such program. Notwithstanding paragraph (2), subsection (a) shall apply to any renewal or extension of any contract referred to in such paragraph entered into on or after such date of enactment. " S E C . 113. INTEGRATING WOMEN INTO NATIONAL ECONOMIES.—Sec- tions 103 through 107 of this Act shall be administered so as to give particular attention to those programs, projects, and activities which tend to integrate women into the national economies of foreign coun- tries, thus improving their status and assisting the total development effort. " S E C . 114. LIMITING U S E OF FUNDS FOR ABORTIONS.—None of the funds made available to carry out this part shall be used to pay for the performance of abortions as a method of family planning or to moti- vate or coerce any person to practice abortions."
87 STAT. ] PUBLIC LAW 93-189-DEC. 17, 1973 717 DEVELOPMENT LOAN F U N D SEC. 3. (a) Section 203 of the Foreign Assistance Act of 1961 is H ^'^'^ 2i°63. amended to read as follows: " S E C . 203. FISCAL PROVISIONS.—Not more than 50 per centum of dollar receipts scheduled to be paid during each of the fiscal years 1974 and 1975 from loans made pursuant to this part and from loans made under predecessor foreign assistance legislation are authorized to be made available for each such fiscal year for use for purposes of making loans under chapter 1 of this part. Such receipts shall remain available until expended." Repeal; effec- (b) Effective July 1,1975, such section 203 is repealed. tive d a t e . T E C H N I C A L COOPERATION A N D DEVELOPMENT GRANTS SEC. 4. Title I I of chapter 2 of part I of the Foreign Assistance Act of 1961 is amended as follows: (1) I n section 211(a), in the last sentence immediately after the 80 Stat. 797. 22 u s e 2171. word "assistance", insert the word "directly". (2) I n section 214, strike out subsections (c) and (d) and insert in 8077Stat. Stat. 381; 798; lieu thereof the following: 83 stat. sos "(c) To carry out the purposes of this section, there are authorized 22 use 21- 4. to be appropriated to the President for each of the fiscal years 1974 and 1975 $19,000,000, which amounts are authorized to remain avail- able until expended. " ( d ) There are authorized to be appropriated to the President to carry out the purposes of this section, in addition to funds otherwise available for such purposes, for each of the fiscal years 1974 and 1975 $6,500,000 in foreign currencies which the Secretary of the Treasury determines to be excess to the normal requirements of the United States. "(e) Not later than June 30, 1974, the Secretary of State shall sub- mit to the Congress such recommendations (including recommenda- tions concerning which agency of the United States Government should administer such assistance) as he considers desirable for assist- ance to schools, libraries, and hospital centers for medical education and research, outside the United States, founded or sponsored by United States citizens and serving as study and demonstration centers for ideas and practices of the United States." HOUSING GUARANTIES SEC. 5. Title I I I of chapter 2 of part I of the Foreign Assistance Act of 1961 is amended as follows: (1) In section 221, strike out "$205,000,000" and insert in lieu thereof H use 21^81 "$305,000,000". 22 use 2181. (2) I n section 223(i), strike out "June 30, 1974" and insert in lieu ^2 use 2183. thereof "June 30, 1975". OVERSEAS PRIVATE I N V E S T M E N T CORPORATION SEC. 6. Title I V of chapter 2 of part I of the Foreign Assistance Act of 1961 is amended as follows: (1) I n section 235(a) (4), strike out "June 30, 1974" and insert in 22 vie Hk. lieu thereof "December 31,1974". .1 (^) h^^^'^'^'l 240 ( h ) , strike out "June 30, 1973" and insert in lieu It ulc 2200. thereof "December 31, 1974".
718 PUBLIC LAW 93-189-DEC. 17, 1973 [87 STAT. A L L I A N C E FOR PROGRESS Appropriation. 81 Stat. 4 5 1 . SEC. 7. Section 252(b) of the Foreign Assistance Act of 1961 is 22 u s e 2212. amended to read as follows: "(b) There are authorized to be appropriated to the President for the fiscal year 1974, $934,000, and for the fiscal year 1975, $934,000, for grants to the National Association of the Partners of the Alliance, Inc., in accordance with the purposes of this title." PROGRAMS RELATING TO P O P U L A T I O N GROWTH 86 Stat. 23. 22 u s e 2151. SEC. 8. Section 292 of the Foreign Assistance Act of 1961 is amended by striking out "for each of the fiscal years 1972 and 1973, $125,000,000" •ind inserting in lieu thereof "for the fiscal year 1974, $125,000,000, and for the fiscal year 1975, $130,000,000". INTERNATIONAL ORGANIZATIONS A N D PROGRAMS SEC. 9. Chapter 3 of part I of the Foreign Assistance Act of 1961 is amended as follows: 75 Stat. 433; 81 Stat. 453. (1) At the end of section 301 add the following new subsection: 22 u s e 2221. " (e) (1) In the case of the United Nations and its affiliated organiza- tions, including the International Atomic Energy Agency, the Presi- dent shall, acting through the United States representative to such organizations, propose and actively seek the establishment by the gov- erning authorities of such organizations a single professionally quali- fied group of appropriate size for the purpose of providing an independent and continuous program of selective examination, review, and evaluation of the programs and activities of such organizations. Such proposal shall provide that such group shall be established in accordance with such terms of reference as such governing authority may prescribe and that the reports of such group on each examination, review\ and evaluation shall be submitted directly to such governing authority for transmittal to the representative of each individual mem- ber nation. Such proposal shall further include a statement of auditing and reporting standards, as prepared by the Comptroller General of the United States, for the consideration of the governing authority of the international organization concerned to assist in formulating terms of reference for such review and evaluation group. "(2) In the case of the International Bank for Keconstruction and Development and the Asian Development Bank, the President shall, acting through the United States representative to such organizations, propose and actively seek the establishment by the governing authori- ties of such organizations professionally qualified groups of appropri- ate size for the purpose of providing an independent and continuous program of selective examination, review, and evaluation of the pro- grams and activities of such organizations. Such proposal shall provide that such groups shall be established in accordance with such terms of I'eference as such governing authorities may prescribe, and that the reports of such groups on each examination, review, and evaluation shall be submitted directly to such governing authority for transmittal to the representative of each individual member nation. Such proposal shall further include a statement of auditing and reporting standards, as prepared by the Comptroller General of the United States, for the consideration of the governing authority of the international organi- zation concerned to assist in formulating terms of reference for such i-eview and evaluation groups. Reports to P r e s - "(3) Reports received by the Imited States representatives to these ident, transmit- tal to C o n g r e s s . international organizations under this subsection and related informa- tion on actions taken as a result of recommendations made therein shall
87 STAT.] PUBLIC LAW 93-189-DEC. 17, 1973 719 be submitted promptly to the President for transmittal to the Congress and to the Comptroller General. The Comptroller General shall peri- odically review such reports and related information and shall report simultaneously to the Congress and to the President any suggestions the Comptroller General may deem appropriate concerning auditing and reporting standards followed by such groups, the recommenda- tions made and actions taken as a result of such recommendations." (2) I n section 302(a), strike out "for the fiscal year 1972, 86 Stat. 23. 22 u s e 2222. $138,000,000 and for the fiscal year 1973, $138,000,000" and insert in lieu thereof "for the fiscal year 1974, $127,822,000 and for the fiscal year 1975, $150,000,000". (3) I n section 302(b) (2), strike out "for use in the fiscal year 1972, $15,000,000, and for use in the fiscal year 1973, $15,000,000" and insert in lieu thereof "for use in the fiscal year 1974, $14,500,000, and for use in the fiscal year 1975, $14,500,000,". (4) Section 302(d) is amended to read as follows: 82 Stat. 962. " ( d ) Of the funds made available to carry out this chapter for each of the fiscal years 1974 and 1975, $18,000,000 shall be available in each such fiscal year only for contributions to the United Nations Children's Fund." (5) I n section 302(e), strike out "$1,000,000 for the fiscal year 1972 86 Stat. 23. and $1,000,000 for the fiscal year 1973" and insert in lieu thereof "$2,000,000 for the fiscal year 1974 and $2,000,000 for the fiscal year 1975". CONTINGENCY FUND 75 Stat. 434; SEC. 10. Section 451(a) of the Foreign Assistance Act of 1961 is 86 Stat. 24. amended to read as follows: " ( a ) There is authorized to be appropri- 22 u s e 2261. ated to the President for each of the fiscal years 1974 and 1975 not to exceed $30,000,000, to provide assistance authorized by this part primarily for disaster relief purposes, in accordance with the pro- visions applicable to the furnishing of such assistance." INTERNATIONAL NARCOTICS CONTROL 86 Stat. 496. SEC. 11. (a) Section 481 of the Foreign Assistance Act of 1961 is 22 u s e 2291. amended by inserting " ( a ) " immediately after "INTERNATIONAL NAR- COTICS CONTROL.—" and by adding at the end thereof the following new subsection: P r e s i d e n t i a l re- " ( b ) ( 1 ) Not later than forty-five days after the date on Avhich each ports to e o n g r e s s . calendar quarter of each year ends, the President shall transmit to the Speaker of the House of Kepresentatives, and to the Committee on Foreign Relations of the Senate, a report on the programing and obligation, on a calendar quarter basis, of funds under this chapter prior to such date. "(2) Not later than forty-five days after the date on which the second calendar quarter of each year ends and not later than forty-five days after the date on which the fourth calendar quarter of each year ends, the President shall transmit to the Speaker of the House of Representatives, and to the Committee on Foreign Relations of the Senate, a complete and detailed semiannual report on the activities and operations carried out under this chapter prior to such date. Such semiannual report shall include, but shall not be limited to— " ( A ) the status of each agreement concluded prior to such date with other countries to carry out the purposes of this chapter; and " ( B ) the aggregate of obligations and expenditures made, and the types and quantity of equipment provided, on a calendar quarter basis, prior to such date—
720 PUBLIC LAW 93-189-DEC. 17, 1973 [87 STAT. " ( i ) to carry out the purposes of this chapter with respect to each country and each international organization receiving assistance under this chapter, including- the cost of United States personnel engaged in carrying out such purposes in each such country and with each such international organization; " (ii) to carry out each program conducted under this chap- ter in each country and by each international organization, including the cost of United States personnel engaged in car- rying out each such program; and " (lii) for administrative support services within the United States to carry out the purposes of this chapter, including the cost of United States personnel engaged in carrying out such purposes in the United States." 22 use 2^918 (b) Section 482 of the Foreign Assistance Act of 1961 is amended by striking out "$42,500,000" and all that follows down through the period at the end of such section and inserting in lieu thereof "$42,500,000 for each of the fiscal years 1974 and 1975. Amounts appropriated under this section are authorized to remain available until expended." MILITARY ASSISTANCE SEC. 12. (a) Chapter 1 of part I I of the Foreign Assistance Act of 75 stat^^436; 1961 is amended by adding at the end thereof the following new Jl Stat. 456 22 u s e 2302. section: "SEC. 502A. EXCESS DEFENSE ARTICLES.—Excess defense articles shall be provided whenever possible rather than providing such articles by the procurement of new items." (b) Chapter 2 of part I I of the Foreign Assistance Act of 1961 is amended as follows: II f,^^!: ^f^; (1) Section 503 is amended to read as follows: 22 u s e 2311. "" """ " ' ' " S E C . 503. GEXERAL AUTHORITY.— (a) The President is authorized to furnish military assistance, on such terms and conditions as he may determine, to any friendly country or international organization, the assisting of which the President finds will strengthen the security of the United States and promote world peace and which is otherwise eligible to receive such assistance, by— "(1) acquiring from any source and providing (by loan or grant) any defense article or defense service; or "(2) assigning or detailing members of the Armed Forces of the United States and other personnel of the Department of Defense to perform duties of a noncombatant nature. "(b) I n addition to such other terms and conditions as the President may determine pursuant to subsection ( a ) , defense articles may be loaned thereunder only if— "(1) there is a bona fide reason, other than the shortage of funds, for providing such articles on a loan basis rather than on a grant basis; "(2) there is a reasonable expectation that such articles will be returned to the agency making the loan at the end of the loan period, unless the loan is then renewed; " (3) the loan pejiod is of fixed duration not exceeding five years, during which such article may be recalled for any reason by the United States; "(4) the agency'making the loan is reimbursed for the loan based on the amount charged to the appropriation for military assistance under subsection (c) ; and "(5) arrangements are made with the agency making the loan to be reimbursed in the event such article islost or destroyed while on loan, such reimbursement being made first out of any funds
87 STAT. ] PUBLIC LAW 93-189-DEC. 17, 1973 721 available to carry out this chapter and based on the depreciated value of the article at the time of loss or destruction. "(c) (1) I n the case of any loan of a defense article or defense service made under this section, there shall be a charge to the appropriation for military assistance for any fiscal year while the article or service is on loan in an amount based on— " ( A ) the out-of-pocket expenses authorized to be incurred in connection with such loan during such fiscal year; and " ( B ) the depreciation which occurs during such year while such article is on loan. "(2) The provisions of this subsection shall not apply— " (A) to any particular defense article or defense service which the United States Government agreed, prior to the date of enact- ment of this subsection, to lend; and " ( B ) to any defense article or defense service, or portion thereof, acquired with funds appropriated for military assistance under this Act." (2) In section 504(a)— so stat. 802; (A) strike out "$500,000,000 for the fiscal year 1972" and insert ^^.^'^'gc^^sis in lieu thereof "$512,500,000 for the fiscal year 1974"; and (B) strike out "forty countries" and insert in lieu thereof "thirty-one countries". (3) Section 505 is amended by adding the following new subsections g/stat^ 4S6^^' at the end thereof: 22 use 2314. "(e) In considering a request for aj)proval of any transfer of any fe^se"aVaci°eV^" weapon, weapons system, munitions, aircraft, military boat, military vessel, or other implement of war to another country, the President shall not give his consent under subsection (a) (1) or (a) (4) to the transfer unless the United States itself would transfer the defense article under consideration to that country, and prior to the date he intends to give his consent to the transfer, the President notifies the tif^caucfn"^^^ "°' Speaker of the House of Representatives and the Committee on For- speaker of the eign Relations of the Senate in writing of each such intended consent. House and ^°^"^.^_ the justification for giving such consent, the defense article for which ^^^^^^°"^ he intends to give his consent to be so transferred, and the foreign country to which that defense article is to be transferred. In addition, the President shall not give his consent under subsection (a) (1) or (a) (4) to the transfer of any significant defense articles on the United States Munitions List unless the foreign country requesting consent to transfer agrees to demilitarize such defense articles prior to transfer, or the proposed recipient foreign country provides a commitment in writing to the United States Government that it will not transfer such defense articles, if not demilitarized, to any other foreign country or person without first obtaining the consent of the President. "(f) Effective July 1, 1974, no defense article shall be furnished to any country on a grant basis unless such country shall have agreed that the net proceeds of sale received by such countrv in disposing of any weapon, weapons system, munition, aircraft, military boat, mili- tary vessel, or other implement of war received under this chapter will be paid to the United States Government and shall be available to pay all official costs of the United States Government payable in the cur- rency of that country, including all costs relating to the financing of international educational and cultural exchange activities in which that country participates under the programs authorized by the Mutual Educational and Cultural Exchange Act of 1961." 75 stat. S27. (4) In section 506(a)— ^^22 use 24si (A) strike out "the fiscal year 1972" in each place it appears and ""yl'stat. 437; insert in lieu thereof "the fiscal year 1974"; si stat. 457; _ (B) strike out "vital to the security" and insert in lieu thereof ^^2fuse%"3i8. "in the security interests"; and 22-150 O - 75 - 48
722 PUBLIC LAW 93-189-DEC. 17, 1973 [87 STAT. (C) strike out "$300,000,000" and insert in lieu thereof "$250,000,000". Repeals. 22 u s e 2319- (5) Sections 507,508, 509,512, and 514 are repealed. 2321, 2321e, (6) Section 513 is amended— 2321g, 86 Stat. 25. (A)^ by striking out "THAILAND.—" in the section heading and 22 u s e 2321f. inserting in lieu thereof "THAILAND AND L A O S . — ( a ) " ; and (B) by adding at the end thereof the following new subsection: " (b) After June 30,1974, no military assistance snail be furnished by the United States to Laos directly or through any other foreign country unless that assistance is authorized under this Act or the For- Post, p. 729. eign Military Sales Act." 86 Stat. 29. 22 u s e 2415. (c) Section 655 (c) shall not apply to assistance authorized to be fur- nished under any provision of law for fiscal year 1974. SECURITY SUPPORTING ASSISTANCE SEC. 13. Chapter 4 of part I I of the Foreign Assistance Act of 1961 is amended— 86 Stat. 26. (1) in section 532 by striking out "for the fiscal year 1972 not 22 use 2346a. to exceed $618,000,000, of which not less than $50,000,000 shall be available solely for Israel" and inserting in lieu thereof "for the fiscal year 1974 not to exceed $125,000,000, of which not less than $50,000,000 shall be available solely for Israel"; and Repeal. 22 use 2346b. (2) by striking out section 533. TERMINATION OF ASSISTANCE 22 u s e 2367. SEC. 14. Section 617 of the Foreign Assistance Act of 1961 is amended by striking out "twelve" and inserting in lieu thereof "eight". PROHIBITIONS SEC. 15. The first full paragraph of section 620 (e) (1) of the Foreign 77 Stat. 386; Assistance Act of 1961 is amended by striking out "no other provision 78 Stat. 1013. 22 u s e 2370. of this Act shall be construed to authorize the President to waive the provisions of this subsection," and inserting in lieu thereof "the pro- visions of this subsection shall not be waived with respect to any coun- try unless the President determines and certifies that such a waiver is Report to e o n - important to the national interests of the United States. Such certifica- gress. tion shall be reported immediately to Congress." E M P L O Y M E N T OF P E R S O N N E L 78 Stat. 1014. SEC. 16. Section 625 of the Foreign Assistance Act of 1961 is amended 22 u s e 2385. by adding at the end thereof the following new subsection: " ( k ) (1) In accordance with such regulations as the President may prescribe, the following categories of personnel who serve in the agency Ante, p. 714. primarily responsible for administering part I of this Act shall become participants in the Foreign Service Retirement and Disability System: " (A) persons serving under unlimited appointments in employ- ment subject to subsection (d) (2) of this section as Foreign Serv- ice Reserve officers and as Foreign Service staff officers and employees; and " ( B ) a person serving in a position to which he was appointed by the President, whether with or without the advice and consent of the Senate, if (i) such person shall have served previously under an unlimited appointment pursuant to such subsection (d) (2) or a comparable provision of predecessor legislation to this Act, and (ii) following service specified in clause (i) of this sub- paragraph, such person shall have served continuously with such
87 STAT.] PUBLIC LAW 93-189-DEC. 17, 1973 723 agency or its predecessor agencies only in positions established under the authority of sections 624(a) and 631(b) or comparable 75 stat. 447; provisions of predecessor legislation to this Act. _ 22'usc 2384, "(2) Upon becoming a participant in the Foreign Service Retire- 2391. ment and Disability System, any such officer or employee shall make a special contribution to the Foreign Service Retirement and Dis- ability Fund in accordance with the provisions of section 852 of the Foreign Service Act of 1946, as amended. Thereafter, compulsory con- ^4 su^. M4^ tributions will be made with respect to each such participating officer or employee in accordance with the provisions of section 811 of the Foreign Service Act of 1946, as amended. ^^ J'|^- ^^^^ "(3) The provisions of section 636 and title V I I I of the Foreign eo stat. 1016; Service Act of 1946, as amended, shall apply to participation in the ^''22*usc^ioo6 Foreign Service Retirement and Disability System by any such officer loei. or employee. " (4) If an officer who becomes a participant in the Foreign Service Retirement and Disability System under paragraph (1) of this sub- section is appointed by the President, by and with the advice and consent of the Senate, or by the President alone, to a position in any agency of the United States Government, any United States delega- tion or mission to any international organization, in any international commission, or in any international body, such officer shall not, by virtue of the acceptance of such an appointment, lose his status as a participant in the system. "(5) Any such officer or employee who becomes a participant in the tiJ^^"n^*°'"^ '"*" Foreign Service Retirement and Disability System under paragraph (1) of this subsection shall be mandatorily retired (A) at the end of the month in which he reaches age seventy, or (B) earlier if, during the third year after the effective date of this subsection, he attains age sixty-four or if he is over age sixty-four; during the fourth year at aoe sixty-three; during the fifth year at age sixty-two; during the sixth year at age sixty-one; and thereafter at the end of the month in which he reaches age sixty. However, no participant shall be manda- torily retired under this paragraph while serving in a position to which appointed by the President, by and with the advice and consent of the Senate. Any participant who completes a period of authorized service after reaching the mandatory retirement age specified in this paragraph shall be retired at the end of the month in which such serv- ice is completed. " (6) Whenever the President deems it to be in the public interest, he sio^"'''" ^'''^"" may extend any participant's service for a period not to exceed five vears after the mandatory retirement date of such officer or employee. "(7) This subsection shall become effective on the first day of'the Effective date. first month which begins more than one year after the date of its enactment, except that any officer or employee who, before such effec- tive date, meets the requirements for participation in the Foreign Service Retirement and Disability System under paragraph (1) of this subsection may elect to become a participant before the effective date of this subsection. Such officer or employee shall become a par- ticipant on the first day of the second month following the date of liis application for earlier participation. Any officer or employee who becomes a participant in the system under the provisions of para- graph (1) of this subsection, who is age fifty-seven or over on the effective date of this subsection, may retire voluntarily at any time before mandatory retirement under paragraph (5) of this subsection and receive retirement benefits under section 821 of the Foreign Serv- ice Act of 1946, as amended. 22 use 1076. "(8) Any officer or employee Avho is separated for cause while a participant in the Foreign Service Retirement and Disability System
724 PUBLIC LAW 93-189-DEC. 17, 1973 [87 STAT. pursuant to this subsection, shall be entitled to benefits in accordance with section 637 (b^ and (d) of the Foreign Service Act of 1946, as 74 Stat. 836. amended. The provisions of subsection (e) of this section shall apply 22 use 1007. 22 use 1003, to participants in lieu of the provisions of sections 633 and 634 of the 1004. Foreign Service Act of 1946, as amended." REPORTS A N D INrORMATION" 80 Stat. 807. 22 u s e 2394. SEC. 17. Section 634 of the Foreign Assistance Act of 1961 is amended by striking out subsection (f) and inserting in lieu thereof the following new subsections: P r e s i d e n t i a l re- ports to Speaker "(f) The President shall transmit to the Speaker of the House of of the House and Representatives and to the Committee on Foreign Relations of the congressional Senate a comprehensive report showing, as of June 30 and December committee. 81 of each year, the status of each loan and each contract of guarantee or insurance theretofore made under this Act, with respect to which there remains outstanding any unpaid obligation or potential liability; the status of each sale of defense articles or defense services on credit terms, and each contract of guarantee in connection with any such sale, 82 Stat. 1320. theretofore made under the Foreign Military Sales Act, with respect 22 u s e 2751 note. to which there remains outstanding any unpaid obligation or potential liability; the status of each sale of agriculture commodities on credit terms theretofore made under the Agricultural Trade Development 68 Stat. 454. and Assistance Act of 1954, with respect to which there remains out- 7 u s e 1691 note. standing any unpaid obligation; and the status of each transaction in which a loan, contract of guarantee or insurance, or extension of credit (or participation therein) was theretofore made under the 59 Stat. 526. Export-Import Bank Act of 1945, with respect to which there remains 12 u s e 635 outstanding any unpaid obligation or potential liability. Such report note. shall include individually only any loan, contract, sale, extension of credit, or other transaction listed in this subsection in excess of $1,000,000. P r e s i d e n t i a l re- " ( g ) The President shall transmit to the Speaker of the House of port to Speaker of the House and Representatives and to the Committee on Foreign Relations of the congressional Senate, not later than January 31 of each year, a comprehensive report, committee. based upon the latest data available, showing— "(1) a summary of the worldwide dimensions of debt-servicing problems among such countries, together with a detailed state- ment of the debt-servicing problems of each such country; "(2) a summary of all forms of debt relief granted by the United States with respect to such countries, together wath a detailed statement of the specific debt relief granted with respect to each such country and the purpose for which it was granted; "(3) a summary of the worldwide effect of the debt relief granted by the United States on the availability of funds, authority, or other resovirces of the United States to make any such loan, sale, contract of guarantee or insurance, or extension of credit, together with a detailed statement of the effect of such debt relief with respect to each such country; and "(4) a summary of the net aid flow from the United States to such countries, taking into consideration the debt relief granted by the United States, together with a detailed analysis of such net aid flow with respect to each such country." ADMINISTRATIVE EXPENSES 75 Stat. 460; 86 Stat. 28. SEC. 18. Section 637(a) of the Foreign Assistance Act of 1961 is 22 u s e 2397. amended by striking out "for the fiscal year 1972, $50,000,000, and for the fiscal year 1973, $50,000,000" and inserting in lieu thereof "for each of the fiscal years 1974 and 1975, $45,000,000".
87 STAT. ] PUBLIC LAW 93-189-DEC. 17, 1973 725 TECHNICAL AMENDMENT SEC. 19. Section 638 of the Foreign Assistance Act of 1961 is ^^ f ^'-/j^^' amended by striking out "PEACE CORPS ASSISTANCE" and inserting in ^^j^usc 2398. lieu thereof "EXCLUSIONS". A F R I C A N S A H E L F A M I N E A N D DISASTER R E L I E F A N D DEVELOPMENT PROGRAM SEC. 20. Chapter 2 of part I I I of the Foreign Assistance Act of 1961 is amended by inserting after section 639 the following new sections: 79 stat. eei. "SEC. 639A. F A M I N E AND DISASTER RELIEF TO THE AFRICAN " ^^'^ "^^• SAHEL.— (a) The Congress affirms the response of the United States Government in providing famine and disaster relief and related assist- ance in connection with the drought in the Sahelian nations of Africa. The President shall report to Congress as soon as possible on solutions ^""^^^l^J^^^^g ' f to this problem of famine and further propose how any of these solu- ^°'^ ° °"^''^®'- tions may be carried out by multilateral organizations. "(b) Notwithstanding any prohibitions or restrictions contained in Appropriation. this or any other Act, there is authorized to be appropriated to the President, in addition to funds otherwise available for such purposes, $25,000,000 to remain available until expended, for use by the Presi- dent, under such terms and conditions as he may determine, for emer- gency and recovery needs, including drought, famine, and disaster relief, and rehabilitation and related assistance, for the drought- stricken Sahelian nations of Africa. "SEC. 639B. AFRICAN SAHEL DEVELOPMENT PROGRAM.—The Con- gress supports the initiative of the United States Government in undertaking consultations and planning with the countries concerned, with other nations providing assistance, with the United Nations, and with other concerned international and regional organizations, toward the development and support of a comprehensive long-term African Sahel development program." COORDINATION; SHIPPING DIFFERENTIAL SEC. 21. Chapter 2 of part I I I of the Foreign Assistance Act of 1961 H use 2^399b. is amended by adding at the end thereof the following new sections: "SEC. 640B. COORDINATION.—(a) The President shall establish a sys- co^otdrna^i^rcom- tem for coordination of United States policies and programs which mittee. affect United States interests in the development of low-income coun- Establishment; tries. To that end, the President shall establish a Development Coordi- '"^"^ ^" ^^' nation Committee which shall advise him with respect to coordination of United States policies and programs affecting the development of the developing countries, including programs of bilateral and multi- lateral development assistance. The Committee shall include the head of the agency primarily responsible for administering part I, Chair- si stat. 445. man, and representatives of the Departments of State, Treasury, Com- 22 ^^ 'u"s ^e 2151. ^"'' merce, Agriculture, and Labor, the Executive Office of the President, and other executive departments and agencies, as the President shall designate. "(b) The President shall prescribe appropriate procedures to assure coordination amon^— "(1) the various departments and agencies of the United States Government having representatives in diplomatic missions abroad; and "(2) representatiA^es of the United States Government in each country, under the direction of the Chief of the United States Diplomatic Mission.
726 PUBLIC LAW 93-189-DEC. 17, 1973 [87 STAT. The President shall keep the Congress advised of his actions under this subsection. "(c) Programs authorized by this Act shall be undertaken with the foreign policy guidance of the Secretary of State. Presidential " ( d ) The President shall report to the Congress during the first reports to Con 'g"ress'° " """ quarter of each calendar year on United States actions affecting the development of the low-income countries and on the impact of those undertakings upon the national income, employment, wages, and work- ing conditions in the United States. Grants, use for "SEC. 6 4 0 C . SHIPPING DIFFERENTIAL.—For the purpose of facili- payment. tatlug implementation of section 901(b) of the Merchant Marine Act, Ts^ltat^'se'sf' 1^36 (46 U.S.C. 1241(b)), funds made available for the purposes of 84 Stat. 1034. chaptcr 1 of part I or for purposes of part V may be used to make Polf^^ ^72^ gi'ants to recipients to pay all or any portion of such dift'erential as is determined by the Secretary of Commerce to exist between United States and foreign-flag vessel charter or freight rates. Grants made under this section shall be paid with United States-owned foreign cur- rencies wherever feasible." DEFINITIONS SEC. 22. Section 644 of the Foreign Assistance Act of 1961 is amended as follows: 22 use 2403. (1) Subscctiou (g) is amended to read as follows: " ( g ) 'Excess defense articles' means the quantity of defense articles owned by the United States Government, and not procured in antici- pation of military assistance or sales requirements, or pursuant to a military assistance or sales order, which is in excess of the Approved Force Acquisition Objective and Approved Force Retention Stock of all Department of Defense Components at the time such articles are dropped from inventory by the supplying agency for delivery to coun- tries or international organizations under this Act." i^^pe^i- (2) Subsection (i) is repealed. 86 Stat. 32. (3) Subscction (m) is amended to read as follows: " ( m ) 'Value'means— " (1) with respect to an excess defense article, the actual value of the article plus the gross cost incurred by the United States Gov- ernment in repairing, rehabilitating, or modifying the article, 75 Stat. 454. except that for purposes of section 632(d) such actual value shall 22 u s e 2392 not be taken into account; "(2) with respect to a nonexcess defense article delivered from inventoiy to foreign countries or international oi'ganizations under this Act, the acquisition cost to the United States Govern- ment, adjusted as appropriate for condition and market value; "(3) with respect to a nonexcess defense article delivered from new procurement to foreign countries or international organiza- tions under this Act, the contract or production costs of such article; and "(4) with respect to a defense service, the cost to the United States Government of such service." A N N U A L FOREIGN ASSISTANCE REPORT 22usc2^°i7 ^^^- -^- Section 657 of the Foreign Assistance Act of 1961 is amended to read as follows: "SEC. 657. A N N U A L FOREIGN ASSISTANCE REPORT.— (a) In order that the Congress and the American people may be better and more cur- rently informed regarding the volume and cost of assistance extended by the United States Government to foreign countries and inter- national organizations, and in order that the Congress and the Amer- ican people may be better informed regarding the sale of arms to
87 STAT. ] PUBLIC LAW 93-189-DEC. 17, 1973 727 foreign countries and international organizations by private industry of the United States, not later than December 31 of each year the po^rto'con^grisT President shall transmit to the Congress an annual report, for the fiscal year ending prior to the fiscal year in which the report is trans- mitted, showing— "(1) the aggregate dollar value of all foreign assistance pro- vided by the United States Government by any means to all foreign countries and international organizations, and the aggre- gate dollar value of such assistance by category provided by the United States Government to each such country and organization, during that fiscal year; "(2) the total amounts of foreign currency paid by each foreign country or international organization to the United States Gov- ernment in such fiscal year, what each payment was made for, whether any portion of such payment was returned by the United States Government to the country or organization from which the payment was obtained or whether any such portion was trans- ferred' by the United States Govei-nment to another foreign country or international organization, and, if so returned or transferred, the kind of assistance obtained by that country or organization with those foreign currencies and the dollar value of such kind of assistance ; "(3) the aggregate dollar value of all weapons, weapons sys- tems, munitions, aircraft, military boats, military vessels, and other implements of war, and the aggregate dollar value of each category of such implements of war, exported under any export license, to all foreign countries and international organizations, and to each such country and organization, during that fiscal year; "(4) all exports of significant defense articles on the United States Munitions List to any foreign government, international organization, or other foreign recipient or purchaser, by the United States under this Act or any other authority, or by any individual, corporation, partnership, or other association doing business in the United States, including but not limited to, full information as to the particular defense articles so exported, the particular recipient or purchaser, the terms of the export, includ- ing its selling price, if any, and such other information as may be appropriate to enable the Congi'ess to evaluate the distribution of United States defense articles abroad; and "(5) such other matters relating to foreign assistance provided by the United States Government as the President considers appropriate, including explanations of the information required under clauses (1) through (4) of this subsection. "(b) All information contained in any repoi't transmitted under ^.^P^^bUc informa- this section shall be public information. However, in the case of any ^supplemental re- item of information to be included in any such report that the Presi- P"""'' t'-ansmittai dent, on an extraordinary basis, determines is clearly detrimental to '° ^°"^'"*^^- the security of the United States, he shall explain in a supplemental report why publication of each specific item would be detrimental to the security of the United States. A supplemental report shall be transmitted to the Congress at the same time that the report is transmitted. "(c) If the Congress is not in session at the time a report or sup])le- mental report is transmitted to the Congress, the Secretary of the Senate and the Clerk of the House of Eepresentatives shall accept the report or supplemental report on behalf of their respective Houses of Congress aiid present the report or supplemeiital report to the two Houses immediately upon their convening.
728 PUBLIC LAW 93-189-DEC. 17, 1973 [87 STAT. Definitions. " ( d ) F o r the purposes of this section— "(1) 'foreign assistance' means any tangible or intangible item provided by the United States Government under this or any other law to a foreign country or international organization, including, but not limited to, any training, service, or technical advice, any item of real, personal, or mixed property, any agri- cultural commodity. United States dollars, and any currencies owned by the United States Government of any foreign country; and "(2) 'provided by the United States Government' includes, but is not limited to, foreign assistance provided by means of gift, loan, sale, credit, or guaranty." INDOCHINA POSTWAR RECONSTRUCTION 75 Stat. 424. 22 u s e 2151 SEC. 24. The Foreign Assistance Act of 1961 is amended by adding note. at the end thereof the following new p a r t : "PAET V Refugees of " S E C . 801. GENERAL AUTHORITY.—The President is authorized to South Vietnam, Cambodia, and furnish, on such terms and conditions as he may determine, assistance Laos, assist- for relief and reconstruction of South Vietnam, Cambodia, and Laos, ance. including especially humanitarian assistance to refugees, civilian war casualties, and other persons disadvantaged by hostilities or conditions related to those hostilities in South Vietnam, Cambodia, and Laos. Xo assistance shall be furnished under this section to South Vietnam unless the President receives assurances satisfactory to him that no assistance furnished under this part, and no local currencies generated as a result of assistance furnished under this part, will be used for support of police, or prison construction and administration, within South Vietnam. "SEC. 802. AUTHORIZATION.—There are authorized to be appropri- ated to the President to carry out the purposes of this chapter, in addition to funds otherwise available for such purposes, for the fiscal year 1974 not to exceed $504,000,000, which amount is authorized to remain available until expended. "SEC. 803. ASSISTANCE TO SOUTH VIETNAMESE CHILDREN.— (a) It is the sense of the Congress that inadequate provision has been made (1) for the establishment, expansion, and improvement of day care centers, orphanages, hostels, school feeding programs, health and wel- fare programs, and training related to these programs which are designed for the benefit of South Vietnamese children, disadvantaged by hostilties in Vietnam or conditions related to those hostilities, and (2) for the adoption by United States citizens of South Vietnamese children who are orphaned or abandoned, or whose parents or sole sur- ^iving parent, as the case may be, has irrevocably relinquished all parental rights, particularly children fathered by United States citizens. " (b) The President is, therefore, authorized to provide assistance, on terms and conditions he considers appropriate, for the purposes described in clauses (1) and (2) of subsection (a) of this section. Of the funds appropriated pursuant to section 802 for fiscal year 1974, $5,000,000, or its equivalent in local currency, shall be available until expended solely to carry out this section. Not more than 10 per centum of the funds made available to carry out this section may be expended for the purposes referred to in clause (2) of subsection (a). Assistance provided under <:his section shall be furnished, to the maximum extent practicable, under the auspices of and by international agencies or private voluntary agencies.
87 STAT. ] PUBLIC LAW 93-189-DEC. 17, 1973 '729 "SEC. 804. CENITR FOR PLASTIC AND RECONSTRUCTIVE SURGERY I N SAIGON.—Of the funds appropriated pursuant to section 802 for the fiscal year 1974, not less tnan $712,000 shall be available solely for furnishing assistance to the Center for Plastic and Reconstructive Surgery in Saigon. "SEC. 805. AUTHORITY.—All references to part I, whether hereto- 75 Stat. 424. 22 u s e 2151. fore or hereafter enacted, shall be deemed to be references also to this part unless otherwise specifically provided. The authorities available to administer part I of this Act shall be available to administer pro- grams authorized in this part." FOREIGN MILITARY SALES ACT AMENDMENTS SEC. 25. The Foreign Military Sales Act is amended as follows: (1) Section 1 is amended by adding at the end thereof the following 84*stat°'20S3^^' new paragraph: 22 use 2751. "In order to reduce the role of the United States Government in the u.s. defense a •!• ji 1 £ j.'i 11J! • j ^ _ e * i ' a r t i c l e s and serv- lurnishing 01 defense articles and deiense services to lorei^n countries ices to foreign and international organizations, and return such transactions to com- countries, reduc- niercial channels, the United States Government shall reduce its sales, *^°"' credit sales, and guaranties of such articles and defense services as soon as, and to the maximum extent, practicable." (2) Section 3 is amended— 22 use 2753. (A) by striking out "and" at the end of paragraph (2) of sub- section (a) and inserting before "unless" the following: "and not to use or permit the use of such article for purposes other than those for which furnished"; (B) by redesignating paragraph (3) of subsection (a) as para- graph (4) and inserting after paragraph (2) the following new paragraph: " (3) the country or international organization shall have agreed s'^°a®':'\°" °^ that it will maintain the security of such article and will provide substantially the same degree of security protection afforded to such article by the United States Government; and"; (C) by inserting the following immediately before the last sentence of subsection (a) : "In considering a request for approval of any transfer of any ^ ^""^"^ ^® condi- weapon, weapons system, munitions, aircraft, military boat, mill- tions. tary vessel, or other implement of war to another country, the President shall not give his consent under paragraph (2) to the transfer unless the United States itself would transfer tne defense article under consideration to that country, and prior to the date he intends to give his consent to the transfer, the President notifies Report to the Speaker of the House of Representatives and the Committee H^u^s'l^Lni con- on Foreign Relations of the Senate in writing of each such gressionai commit- intended consent, the justification for giving such consent, the *^^- defense article for which he intends to give his consent to be so transferred, and the foreign country to which that defense article is to be transferred. In addition, the President shall not give his consent under paragraph (2) to the transfer of any significant defense articles on the United States Munitions List unless the foreign country requesting consent to transfer agrees to demili- tarize such defense articles prior to transfer, or the proposed recipient foreign country provides a commitment in writing to the United States Government that it will not transfer such defense articles, if not demilitarized, to any other foreign country or person without first obtaining the consent of the President."; and (D) by adding at the end thereof the following new subsections:
730 PUBLIC LAW 93-189-DEC. 17, 1973 [87 STAT. eir?bUit"for7ur "^^^ Except as Otherwise provided in subsection ( d ) , any foreign ttief sales. °' "" country which hereafter uses defense articles or defense services fur- nished such country under this Act, in substantial violation of any provision of this Act or any agreement entered into under this Act, shall be immediately ineligible for further cash sales, credits, or guarantees. " ( d ) No sophisticated weapons, including sophisticated jet aircraft or spare parts and associated ground equipment for such aircraft, shall be furnished under this or any other Act to any foreign country on or after the date that the President determines that such country lias violated any agreement it has made in accordance with paragraph (2) of subsection (a) of this section or section 505(a) of the Foreign ai^ ^'^456^^' Assistance Act of 1961 or any other provision of law requiring similar 22 use 2314. agreements. Such country shall remain ineligible in accordance with this subsection until sucli time as the President determines that such violation has ceased, that the country concerned has given assurances satisfactory to the President that such violation will not reoccur, and that, if such violation involved the transfer of sophisticated weapons without the consent of the President, such weapons have been returned to the country concerned." 22 use 27^5"' (^) Section 22 is amended to read as follows: "SEC. 22. PROCUREMENT FOR CASH SALES.— (a) Except as otherwise provided in this section, the President may, without requirement for charge to any appropriation or contract authorization otherwise pro- vided, enter into contracts for the procurement of defense articles or defense services for sale for United States dollars to any foreign coun- try or international organization if such country or international orga- nization provides the United States Government with a dependable undertaking (1) to pay the full amount of such contract which will assure the United States Government against any loss on the contract, and (2) to make funds available in such amounts and at such times as may be required to meet the payments required by the contract, and any damages and costs that may accrue from the cancellation of such contract, in advance of the time such payments, damages, or costs are due. " ( b ) The President may, when he determines it to be in the national interest, accept a dependable undertaking of a foreign country or inter- national organization with respect to any such sale, to make full pay- ment within 120 days after delivery of the defense articles or the rendering of the defense services. Appropriations available to the Department of Defense may be used to meet the payments required by the contracts for the procurement of defense articles and defense serv- ices and shall be reimbursed by the amounts subsequently received from the country or international organization to whom articles or services are sold." 82 Stat. 1324. ( 4 ) l u SectioU 2 4 ( c ) — 22 use 2764. ^^^ strike out "pursuant to section 31" and insert in lieu thereof "to carry out this Act"; and (B) insert "principal amount of" immediately before the words "contractual liability" wherever they appear. Foreign military (.5) I n sectiou 31 (a), Strike out "$400,000,000 for the fiscal year 1972" cei'^ng" ' ' and insert in lieu thereof "$325,000,000 for fiscal year 1974". 84 Stat. 2053; (g) jj^ section 31 (b), strike o u t " (excluding credits covered by guar- ^2rusc 2771. anties issued pursuant to section 24(b), and the face amount of guar- anties issued pursuant to sections 24 (a) and (b) shall not exceed $550,000,000 for the fiscal year 1972, of which amount not less than $300,000,000 shall be available to Israel only" and insert in lieu thereof "and of the principal amount of loans guaranteed pursuant to section 24(a) shall not exceed $730,000,000 for the fiscal year 1974, of which amount not less than $300,000,000 shall be available to Israel only".
87 STAT. ] PUBLIC LAW 93-189-DEC. 17, 1973 731 (7) I n section 33(a)— 82 Stat. 1325; 86 Stat. 32. [A) strike out "of cash sales pursuant to sections 21 and 22,"; 22 u s e 2773. ^B) strike o u t " (excluding credits covered by guaranties issued pursuant to section 24 ( b ) ) , of the face amount of contracts of guaranty issued pursuant to sections 24 (a) and ( b ) " and insert 22 u s e 2764. in lieu thereof "of the principal amount of loans guaranteed pur- suant to section 2 4 ( a ) " ; and (C) strike out "$100,000,000" and insert in lieu thereof "$150,000,000". (8) I n section 33(b)— (A) strike out "of cash sales pursuant to sections 21 and 22,"; and (B) strike out "(excluding credits covered by guaranties issued pursuant to section 2 4 ( b ) ) , of the face amount of contracts of guaranty issued pursuant to sections 24 (a) and ( b ) " and insert in lieu thereof "of the principal amount of loans guaranteed pur- suant to section 24(a)". (9) Section 33(c) is repealed. Repeal. 86 Stat. 32. (10) In section 36, strike out subsections (a) and (b). 82 Stat. 1326. (11) I n section 37(b), insert after "indebtedness" the following: 22 u s e 2776. "under section 24(b) (excluding such portion of the sales proceeds as 22 u s e 2777. may be required at the time of disposition to be obligated as a reserve for payment of claims under guaranties issued pursuant to section 24(b), which sums are made available for such obligations)". (12) Add at the end thereof the following new section: "SEC. 47. DEFINITIONS.—For purposes of this Act, the term— 82 Stat. 1320. 22 u s e 2751. "(1) 'excess defense article' has the meaning provided by section Ante, p . 726. 644 (g) of the Foreign Assistance Act of 1961; and "(2) 'value' means, in the case of an excess defense article, not less than the greater of— " ( A ) the gross cost incurred by the United States Government in repairing, rehabilitating, or modifying such article, plus the scrap value; or " ( B ) the market value, if ascertainable." A M E N D M E N T S TO FOREIGN M I L I T A R Y SALES ACT A M E N D M E N T S OF 1 9 7 1 SEC. 26. The Act entitled "An Act to amend the Foreign Military Sales Act, and for other purposes", approved January 12, 1971 (84 Stat. 2053), is amended as follows: (1) Section 8(a) is amended by inserting immediately before clause E x c e s s defense articles. (1) the following: "(less amounts to be transferred under section 84 Stat. 2054; 632 (d) of the Foreign Assistance Act of 1961)". 86 Stat. 33. (2) Section 8(b) is amended— 22 u s e 2321b. 81 Stat. 460. (A) by striking out "The provisions" and inserting in lieu 22 u s e 2392. thereof "In the case of excess defense articles which are generated abroad, the provisions"; and (B) by striking out "$185,000,000" and inserting in lieu thereof "$150,000,000". (3) Section 8(c) is amended to read as follows: 'Value, "(c) For purposes of this section, the term 'value' has the same meaning as given it in section 644 (m) of the Foreign Assistance Act of 1961." (4) Section 9 is repealed. Ante, p . 726. Repeal. 22 u s e 2314a.
732 PUBLIC LAW 93-189-DEC. 17, 1973 [87 STAT. P-UBLIO DISCLOSURE OF C E R T A I N M U N I T I O N S CONTROL L I C E N S E S 76A^ IS: 69^8.' S E C 27. Section 414 of the Mutual Security Act of 1954 is amended 22 use 1934. by adding at the end thereof the following new subsection: g r es^fi^na\°co' ^-" e s s i o n a l com' "(®) Liceuses issued for the export of articles on the United States mittees. Munitions List in excess of $100,000 shall be reported promptly to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, which report shall contain— " (1) the items to be exported under the license; " (2) the quantity of each such item to be furnished; "(3) the name and address of the consignee and of the ultimate user of each such item; and " (4) an injunction whenever appropriate, concerning the neces- sity to protect the confidentiality of the information provided." ASIAN DEVELOPMENT BANK 86 Stat. 58.^ §£€. 28. Scctiou 17 of the Asian Development Bank Act is amended 22 u s e 285n. by striking out "$60,000,000 for fiscal year 1972 and $40,000,000 for fiscal year 1973" and inserting in lieu thereof "$100,000,000". ACCESS TO CERTAIN M I L I T A R Y BASES ABROAD SEC. 29. Xone of the funds authorized to be appropriated by this Act may be used to provide any kind of assistance to any foreign country in which a military base is located if— (1) such base was constructed or is being maintained or oper- ated with funds furnished by the United States; and (2) personnel of the United States carry out military opera- tions from such base; unless and until the President has determined that the government of such country has, consistent with security, authorized access, on a regular basis, to bona fide news media correspondents of the United States to such military base. TERMINATION OF I N D O C H I N A WAR SEC. 30. No funds authorized or appropriated under this or any other law may be expended to finance military or paramilitary opera- tions by the United States in or over Vietnam, Laos, or Cambodia. LIMITATION O N U S E OF FUNDS SEC. 31. Xo funds authorized or appropriated under any provision of law shall be made available for the purpose of financing directly or indirectly any military or paramilitary combat operations by foreign forces in Laos, Cambodia, North Vietnam, South Vietnam, or Thai- land unless (1) such operations are conducted by the forces of that government receiving such funds within the borders of that country, or (2) specifically authorized by law enacted after the date of enact- ment of this Act.
87 STAT. ] PUBLIC LAW 93-189-DEC. 17, 1973 733 POLITICAL PRISONEES SEC. 32. I t is the sense of Congress that the President should deny any economic or military assistance to the government of any foreign country which practices the internment or imprisonment of that coun- try's citizens for political purposes. ALBERT SCHWEITZER HOSPITAL SEC. 33. There is authorized to be appropriated to the President for fiscal year 1974 $1,000,000 to make grants, on such terms and conditions as he may specify, to the Albert Schweitzer Hospital in Gabon. PRISONERS o r WAR AND INDIVIDUALS MISSING I N ACTION SEC. 34. (a) The Congress declares that— (1) the families of those one thousand three hundred individ- uals missing in action during the Indochina conflict have suffered extraordinary torment in ascertaining the full and complete infor- mation about their loved ones who are formally classified as missing in action; (2) United States involvement in the Indochina conflict has come to a negotiated end with the signing of the Vietnam Agree- ment in Paris on January 27,1973, and section 307 of the Second 24 usx 1. Supplemental Appropriations Act, 1973, requires that "None of ^"'e, p. 129. the funds herein appropriated under this Act may be expended to support directly or indirectly combat activities in or over Cam- bodia, Laos, North Vietnam, and South Vietnam or off the shores of Cambodia, Laos, North Vietnam and South Vietnam by United States forces, and after August 15, 1973, no other funds hereto- fore appropriated under any other Act may be expended for such • J purpose."; (3) the question of the return of prisoners of war and account- ing for individuals missing in action and dead in Laos is covered by article 18 of the Protocol signed by representatives of the Lao Patriotic Front (Pathet Lao) and the Royal Laotian Government in Vientiane on September 14, 1973 (which implements article 5 of the Agreement signed by the Pathet Lao and that government in Vientiane on February 21, 1973, requiring the release of all prisoners "regardless of nationality" captured and held in Laos), and i^aragraph C of such article 18 provides that, within "15 to 30 days" from the date of the signing of the Protocol, each side is to report the number of those prisoners and individuals still held, with an indication of their nationality and status, together with a list of names and any Avho died in captivity; and (4) few of the United States men lost in Laos during the mili- tary engagements in Indochina have been returned, and with knowledge about many of these men not yet being fully disclosed, and the North Vietnam cease-fire provisions calling for inspection of crash and grave sites and for other forms of cooperation have not been fully complied with. (b) I t is. therefore, the sense of the Congress that— (1) the provisions for the release of prisoners and an accounting ^f individuals missing and dead, as provided for in article 18 of the Protocol signed on September 14, 1973, by the Pathet Lao and the Royal Laotian Government, be adhered to in spirit and in deed: and
734 PUBLIC LAW 93-189-DEC. 17, 1973 [87 STAT. (2) the faithful compliance with the spirit of the Laotian Agree- ment and Protocol on the question of individuals missing in action will encourage all parties in Indochina to cooperate in providing complete information on all nationals of any nation who may be captured or missing at any place in Indochina. RIGHTS IN CHILE SEC. 35. I t is the sense of the Congress that (1) the President should request the Government of Chile to protect the human rights of all individuals, Chilean and foreign, as provided in the Universal Decla- ration of Human Rights, the Convention and Protocol Relating the Status of Refugees, and other relevant international legal instruments guaranteeing the granting of asylum, safe conduct, and the humane treatment or release of prisoners; (2) the President should support international humanitarian initiatives by the United Nations High Commissioner for Refugees and the International Committee of the Red Cross to insure the protection and safe conduct and resettlement of political refugees, the humane treatment of political prisoners, and the full inspection of detention facilities under international auspices; (3) the President should support and facilitate efforts by voluntary agencies to meet emergency relief needs; and (4) the President should request of the Inter-American Commission on Human Rights to undertake an immediate inquiry into recent events occurring in Chile. REvisioisr or SOCIAL PROGRESS TRUST FUND AGREEMENT SEC. 36. (a) The President or his delegate shall seek, as soon as pos- sible, a revision of the Social Progress Trust Fund Agreement (dated June 19, 1961) between the United States and the Inter-American 12 UST 632. I )evelopment Bank. Such revision should provide for the— (1) periodic transfer of unencumbered capital resources of such trust fund, and of any future repayments or other accruals other- wise payable to such trust fund, to the Inter-American Founda- tion, to be administered by the Foundation for purposes of part I V of the Foreign Assistance Act of 1969 (22 U.S.C. 290f and 83^Stat^^821; followiug); (2) utilization of such unencumbered capital resources, future repayments, and other accruals by the Inter-American Develop- ment Bank for purposes of sections 1 and 2 of the Latin American 74 Stat. 869. Development Act (22 U.S.C. 1942 and 1943) in such a way that the resources received in the currencies of the more developed member countries are utilized to the extent possible for the benefit of the lesser developed member countries; or (3) both the transfer described in paragraph (1) and the uti- lization described in paragraph (2). (b) Any transfer or utilization under this section shall be in such proportions as may be agreed to between the United States and the Inter-American Development Bank. (c) Any transfer under subsection (a) (1) shall be in the amounts, and in available currencies, determined in consultation with the Inter- American Foundation, to be required for its program purposes. (d) The revision of the Social Progress Trust Fund Agreement pur- suant to this section shall provide that the President or his delegate shall specify, from time to time, after consultation with the Inter- American Development Bank, the particular currencies to be used in making the transfer or utilization described in this section. Presidential re- (e) Xot later than January 1, 1974, the President shall report to port to Congress. Congress on his action taken pursuant to this section.
87 STAT. ] PUBLIC LAW 93-189-DEC. 17, 1973 735 P R O H I B I T I O N ON ASSISTANCE TO N O R T H VIETNAM SEC. 37. Notwithstanding any other provision of law, no funds authorized by this Act shall be expended to aid or assist in the recon- struction of the Democratic Kepublic of Vietnam (North Vietnam), unless by an Act of Congress assistance to North Vietnam is specifically authorized. REPORT C O N C E R N I N G CERTAIN USE OF M I L I T A R Y ASSISTANCE I N AFRICA P r e s i d e n t i a l r<5- SEC. 38. The President of the United States shall, as soon as prac- port to Congress. ticable following the date of the enactment of this Act, make a deter- mination and report to Congress with respect to the use, if any, by any non-African country in support of its military activities in its African terrorities of— (1) assistance furnished under the Foreign Assistance Act of 1961 after the date of the enactment of this Act; 75 stat. 424. (2) defense articles or services furnished after such date under no^te."^^ ^^^^ the Foreign Military Sales Act; or 82 stat. 1320 (3) agricultural commodities furnished after such date under ^^^l ^^^ ^^^^ the Agricultural Trade Development and Assistance Act of 1954. esstat. 454. 7 u s e 1691- 1736d. WORLD FOOD SHORTAGES SEC. 39. (a) I t is the sense of the Congress that the United States should participate fully in efforts to alleviate current and future food shortages which threaten the world. To this end, the President shall— (1) encourage, support, and expedite studies relating to the studies. long-range implications of the world food situation (including studies of national and world production, distribution, and utili- zation of agricultural commodities and other foodstuff's) and support the organizing of a world food conference under United Nations auspices in 1974; (2) request the member nations of the General Agreement on Tariffs and Trade to explore the means for assuring equitable access by all nations to national markets and mineral and agri- cultural resources; (3) consult and cooperate with appropriate international agencies, such as the Food and Agriculture Organization of the United Nations, in determining the need for, the feasibility of, and cost on an equitably-shared basis of, establishing an inter- national system of strategic food reserves; and (4) report his findings and recommendations to the Congress re^ort^to^colT- on the iiliplementation of this section no later than December 31, gress. 1974. (b) I t is further the sense of the Congress that— (1) in making assessments which would affect or relate to the level of domestic production, the Executive Branch should include in the estimates of overall utilization the expected demands for humanitarian food assistance through such programs as are carried out under the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480); and (2) legislation providing increased flexibility for responding to emergency and humanitarian requirements for food assistance should be considered as promptly as possible to the end that the last sentence of section 401 of the Agricultural Trade Develop- ment and Assistance Act of 1954 (Public Law 480), may be so stat. isas. amended by striking the period and inserting in lieu thereof a ^ "^c 1731.
736 PUBLIC LAW 93-190-DEC. 18, 1973 [87 STAT. comma and the following: "unless the Secretary determines that some part of the exportable supj)ly should be used to carry out the national interest and humanitarian objectives of this Act."' U S E OF LOCAL CUERBNCIES Effective date. SEC. 40. Effective July 1. 1974, no amount of any foreign currency (including principal and interest from loan repayments) which accrues in connection with any sale for foreign currency under any pro- vision of law may be used under any agreement entered into after the date of the enactment of this Act, or any revision or extension entered into after such date of any prior or subsequent agreement, to provide any assistance to any foreign country to procure equipment, materials, facilities, or services for the common defense, including internal security, unless such agreement is specifically authorized by legislation enacted after such date. Approved December 17, 1973. Public Law 93-190 December 18,1973 AN ACT ^^' ^^^^^ To confer jurisdiction upon the district court of the United States of certain civil actions brought by the Senate Select Committee on Presidential Campaign Activities, and for other purposes. Be it enacted hy the Senate and House of Representatives of the U.S. District United States of America in Congress assembled^ That (a) the District trict'of°coiumbia' Court of the United States for the District of Columbia shall have Jurisdiction over original jurisdiction, without regard to the sum or value of the matter broughrby"senate 1^ coutroversy, of any civil action heretofore or hereafter brought by Select Committee the Senate Select Committee on Presidential Campaign Activities, cTampai^gn^Actiti- which was creatcd on February 7, 1973, by Senate Resolution Num- ties. bered 60, to enforce or secure a declaration concerning the validity of any subpoena or order heretofore or hereafter issued by said Committee to the President or the Vice President or any other officer of the United States or any officer or employee of any department or agency of the United States to procure the production before the said Committee of any information, documents, taped recordings, or other materials relevant to matters the said Committee is authorized to investigate, and the said District Court shall have jurisdiction to enter any such judgment or decree in any such civil action as may be neces- sary or appropriate to enforce obedience to any such subpoena or order. Prosecution au- (jj) ^ h c Senate Select Committee on Presidential Campaign Activi- thority. ties shall have authority to prosecute in its own name or in the name of the United States in the District Court of the United States for the District of Columbia any civil action heretofore or hereafter brought by said Committee to enforce or secure a declaration concerning the validity of any subpoena or order heretofore or hereafter issued by said Committee to the President or Vice President or any other officer of the United States or any officer or employee of any department of