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S. 1196 (97th): International Security and Development Cooperation Act of 1981


The text of the bill below is as of Dec 29, 1981 (Passed Congress).


PUBLIC LAW 97-113—DEC. 29, 1981                                    95 STAT. 1519

Public Law 97-113
97th Congress
                                  An Act
To authorize appropriations for the fiscal years 1982 and 1983 for international     Dec. 29, 1981
  security and development assistance and for the Peace Corps, to establish the        [S.1196]
  Peace Corps as an autonomous agency, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the
United States ofAmerica in Congress assembled,                                      International
                                                                                    Security and
                                                                                    Development
                                 SHORT TITLE                                        Cooperation Act
                                                                                    of 1981.
 SECTION 1. This Act may be cited as the "Intemational Security and                 22 u s e 2151
Development Cooperation Act of 1981".                                               note.

    TITLE I—MILITARY SALES AND RELATED FRCXJRAMS
                         REPORTS TO THE CONGRESS

  SEC. 101. (aXl) Section 3(dXl) of the Arms Export Control Act is 22 use 2753.
amended—
        (A) in the text preceding subparagraph (A) by striking out "to a
     transfer of a defense article, or related training or other defense
     service, sold under this Act and may not give his consent to such
     a transfer under section 505(aXl) or 505(aX4) of the Foreign
     Assistance Act of 1961" and inserting in lieu thereof ", or under 22 use 2314.
     section 505(aXl) or 505(aX4) of the Foreign Assistance Act of 1961,
     to a transfer of any major defense equipment valued (in terms of
     its original acquisition cost) at $14,000,000 or more, or any
     defense article or related training or other defense service valued
     (in terms of its original acquisition cost) at $50,000,000 or more,";
        (B) by amending subparagraph (B) to read as follows:
        "(B) a description of the article or service proposed to be
     transferred, including its acquisition cost,";
        (C) in subparagraph (C) by striking out "defense article or
     related training or other defense service" and inserting in lieu
     thereof "article or service"; and
        (D) in the last sentence by striking out "defense articles, or
     related training or other defense services," and inserting in lieu
     thereof "articles or services".
  (2) Section 3(dX3) of such Act is amended by striking out all that
follows "The President may not give his consent" through "section 38
of this Act," and inserting in lieu thereof "to the transfer of any
major defense equipment valued (in terms of its original acquisition
cost) at $14,000,000 or more, or of any defense article or defense
service valued (in terms of its original acquisition cost) at $50,000,000
or more, the export of which has been Licensed or approved under
section 38 of this Act,".                                                  22 use 2778.
  (3) Section 3(dX4) of such Act is amended—
        (A) by inserting "or" at the end of subparagraph (B);
        (B) by striking out "; or" at the end of subparagraph (C) and
     inserting in lieu thereof a period; and

95 STAT. 1520 PUBLIC LAW 97-113—DEC. 29, 1981 (C) by striking out subparagraph (D). 22 use 2768. (bXl) Section 28(a) of such Act is amended by striking out "five" and inserting in lieu thereof "fifteen". (2) Section 28(b) of such Act is amended by striking out "the issuance of a letter of offer in accordance with such request would be subject to the requirements of section 36(b) of this Act" and inserting in lieu thereof "the request involves a proposed sale of major defense equipment for $7,000,000 or more or of any other defense articles or defense services for $25,000,000 or more". 22 use 2776 (c) The first sentence of section 3603)(1) of such Act is amended— (1) by striking out "$25,000,000" and inserting in lieu thereof "$50,000,000"; and (2) by striking out "$7,000,000" and inserting in lieu thereof "$14,000,000". (d) Section 36(c) of such Act is amended in the first sentence of paragraph (1)— (1) by striking out "$7,000,000" and inserting in lieu thereof "$14,000,000"; and (2) by striking out "$25,000,000" and inserting in lieu thereof "$50,000,000". (e) Section 36(d) of such Act is amended by striking out "(c)" and inserting in lieu thereof "(c)(1)". PROPOSED TRANSFERS OR SALES TO THE NORTH ATLANTIC TREATY ORGANIZATION, JAPAN, AUSTRALIA, OR NEW ZEALAND 22 use 2753. ggc. 102. (a) Section 3(d)(2) of the Arms Export Control Act is amended— (1) by striking out "(2) Unless" and inserting in lieu thereof "(2)(A) Except as provided in subparagraph (B), unless"; and (2) by adding at the end thereof the following: "(B) In the CEise of a proposed transfer to the North Atlantic Treaty Organization, or any member country of such Organization, Japan, Australia, or New Zealand, unless the President states in the certifi- cation submitted pursuant to paragraph (1) of this subsection that an emergency exists which requires that consent to the proposed trans- fer become effective immediately in the national security interests of the United States, such consent shall not become effective until fifteen calendar days after the date of such submission and such consent shall become effective then only if the Congress does not adopt, within such fifteen-day period, a concurrent resolution disap- proving the proposed transfer.". (bXl) Section 36(bXl) of such Act is amended in the fifth sentence by striking out "if the Congress, within thirty calendar days after receiving such certification," and inserting in lieu thereof the follow- ing: ", with respect to a proposed sale to the North Atlantic Treaty Organization, any member country of such Organization, Japan, Australia, or New Zealand, if the Congress, within fifteen calendar days after receiving such certification, or with respect to a proposed sale to any other country or organization, if the Congress within thirty calendar days after receiving such certification,". (2) Section 36G)X2) of such Act is amended by inserting before the period at the end thereof a comma and the following: "except that for purposes of consideration of any resolution with respect to the North Atlantic Treaty Organization, any member country of such Organiza- tion, Japan, Australia, or New Zealand, it shall be in order in the Senate to move to discharge a committee to which such resolution
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1521 was referred if such committee has not reported such resolution at the end of five calendar days after its introduction". PERSONNEL PERFORMING DEFENSE SERVICES SEC. 103. Section 21(cX2) of the Arms Export Control Act is Report to amended to read as follows: 22 ijs?276i "(2) Within forty-eight hours of the existence of, or a change in status of significant hostilities or terrorist acts or a series of such acts, which may endanger American lives or property, involving a country in which United States personnel are performing defense services pursuant to this Act or the Foreign Assistance Act of 1961, the note. 22 use 2151 President shall submit to the Speaker of the House of Representa- tives and to the President pro tempore of the Senate a report, in writing, classified if necessary, setting forth— "(A) the identity of such country; "(B) a description of such hostilities or terrorist acts; and "(C) the number of members of the United States Armed Forces and the number of United States civilian personnel that may be endangered by such hostilities or terrorist acts.". CHARGES FOR USE AND NONRECURRING RESEARCH, DEVELOPMENT, AND PRODUCTION COSTS SEC. 104. Section 21(e)(2) of the Arms Export Control Act is amended by inserting "standardization with the Armed Forces of Japan, Australia, or New Zealand in furtherance of the mutual defense treaties between the United States and those countries," immediately after "standardization,". FOREIGN MILITARY SALES AUTHORIZATION AND AGGREGATE CEILINGS SEC. 105. (a) Section 31(a) of the Arms Export Control Act is 22 use 2771. amended by striking out "$500,000,000 for the fiscal year 1981" and inserting in lieu thereof "$800,000,000 for the fiscal year 1982 and $800,000,000 for the fiscal year 1983". (b) Section 31(b) of such Act is amended to read as follows: "(b)(1) The total amount of credits (or participations in credits) extended under section 23 of this Act shall not exceed $800,000,000 for 22 use 2763. the fiscal year 1982 and $800,000,000 for the fiscal year 1983. "(2) The total principal amount of loans guaranteed under section 24(a) of this Act shall not exceed $3,269,525,000 for the fiscal year 22 use 2764. 1982 and $3,269,525,000 for the fiscal year 1983. "(3) Of the aggregate total of credits (or participations in credits) under section 23 of this Act, and of the total principal amount of loans uaranteed under section 24(a) of this Act, not less than f 1,400,000,000 for the fiscal year 1982 and not less than $1,400,000,000 for the fiscal year 1983 shall be available only for Israel, of which not less than $550,000,000 for each such year shall be available as credits under section 23 of this Act. "(4) Of the amount available under paragraph (2) of this subsection for loan guaranties under section 24(a) of this Act, not less than $280,000,000 for fiscal year 1982 and not less than $280,000,000 for the fiscal year 1983 shall be available only for Greece. "(5) The principal amount of loans guaranteed under section 24(a) of this Act for the fiscal year 1982, and for the fiscal year 1983 with respect to Egypt, Greece, Sudan, Somalia, and Turkey shall (if and to the extent each such country so desires) be repaid in not more than
95 STAT. 1522 PUBLIC LAW 97-113—DEC. 29, 1981 twenty years, following a grace period of ten years on repayment of principal. "(6) Of the total amount of credits (or participations in credits) 22 use 2763. extended under section 23 of this Act for the fiscal years 1982 and 1983, not less than $200,000,000 for each such year shall be available only for Egypt, and Egypt shall be released from its contractual hability to repay the United States Government with respect to such credits and participations in credits. "(7) Of the total amount of credits (or participations in credits) extended under section 23 of this Act for the fiscal years 1982 and 1983, not less than $50,000,000 for each such year shall be available only for the Sudan, and the Sudan shall be rele£ised from its contractual liability to repay the United States Government with respect to such credits and participations in credits.". 22 use 2771. (c) Section 31(c) of such Act is amended— (1) in the first sentence by striking out "fiscal year 1981" and inserting in lieu thereof "fiscal year 1982 and for the fiscal year 1983"' (2) in the last sentence by striking out "$500,000,000" and inserting in lieu thereof "$550,000,000'^ and (3) in the last sentence by inserting "each" immediately before "such year". REPEAL OF CEIUNG ON COMMERCIAL SALES 22 use 2778. SEC. 106. Section 38(b)(3) of the Arms Export Control Act is repealed. PERIODIC REVIEW OP ITEMS ON THE MUNITIONS LIST SEC. 107. Section 38 of the Arms Export Control Act is amended by adding at the end thereof the following new subsection: "(f) The President shall periodically review the items on the United States Munitions List to determine what items, if any, no longer Report to warrant export controls under this section. The results of such Congress. reviews shall be reported to the Speaker of the House of Representa- tives and to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. Such a report shall be submitted at least 30 days before any item is removed from the Munitions List and shall describe the nature of any controls to be 50 u s e app. 2401 imposed on that item under the Export Administration Act of 1979.". note. SPECIAL DEFENSE ACQUISITION FUND SEC. 108. (a) The Arms Export Control Act is amended by adding at the end thereof the following new chapter: "CHAPTER 5—SPECIAL DEFENSE ACQUISITION FUND Establishment. "SEC. 51. SPECIAL DEFENSE ACQUISITION FUND.—(aXD Under the 22 u s e 2795. direction of the President and in consultation with the Secretary of State, the Secretary of Defense shall establish a Special Defense Acquisition Fund (hereafter in this chapter referred to as the 'Fund'), to be used as a revolving fund separate from other accounts, under the control of the Department of Defense, to finance the acquisition of defense articles and defense service in anticipation of their transfer 22 u s e 2151 pursuant to this Act, the Foreign Assistance Act of 1961, or as note. otherwise authorized by law, to eligible foreign countries and interna- tional organizations, and may acquire such articles and services with
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1523 the funds in the Fund as he may determine. Acquisition under this chapter of items for which the initial issue quantity requirements for United States Armed Forces have not been fulfilled and are not under current procurement contract shall be emphasized when compatible with security assistance requirements for the transfer of such items. "(2) Nothing in this chapter may be construed to limit or impair any responsibilities conferred upon the Secretary of State or the Secretary of Defense under this Act or the Foreign Assistance Act of 1961. 22 u s e 2151 "(b) The Fund shall consist of— note. "(1) collections from sales made under letters of offer issued pursuant to section 21(aXl) of this Act representing the actual 22 u s e 2761. value of defense articles not intended to be replaced in stock, "(2) collections from sales representing the value of asset use charges (including contractor rental payments for United States Government-owned plant and production equipment) and charges for the proportionate recoupment of nonrecurring research, development, and production costs, and "(3) collections from sales made under letters of offer (or transfers made under the Foreign Assistance Act of 1961) of defense articles and defense services acquired under this chap- ter, representing the value of such items calculated in accord- ance with paragraph (2) or (3) of section 21(a) or section 22 of this Act or section 644(m) of the Foreign Assistance Act of 1961, as 22 u s e 2761, appropriate, 2762. 22 u s e 2403. together with such funds as may be authorized and appropriated or otherwise made available for the purposes of the Fund. "(c)(1) The size of the Fund may not exceed such dollar amount as is prescribed in section 138(g) of title 10, United States Code. For purposes of this limitation, the size of the Fund is the amounts in the Fund plus the value (in terms of acquisition cost) of the defense articles acquired under this chapter which have not been transferred from the Fund in accordance with this chapter. "(2) Amounts in the Fund shall be available for obligation in any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts. "SEC. 52. USE AND TRANSFER OF ITEMS PROCURED BY THE FUND.—(a) 22 u s e 2795a. No defense article or defense service acquired by the Secretary of Defense under this chapter may be transferred to any foreign country or international organization unless such transfer is authorized by this Act, the Foreign Assistance Act of 1961, or other law. 22 u s e 2151 "(b) The President may authorize the temporary use by the United note. States Armed Forces of defense articles and defense services acquired under this chapter prior to their transfer to a foreign country or international organization, if such is necessary to meet national defense requirements and the United States Armed Forces bear the costs of operation and maintenance of such articles or services while in their use and the costs of restoration or replacement upon the termination of such use. "(c) Except as provided in subsection (b) of this section, the Fund may be used to pay for storage, maintenance, and other costs related to the preservation and preparation for transfer of defense articles and defense services acquired under this chapter prior to their transfer, as well as the administrative costs of the Department of Defense incurred in the acquisition of such items to the extent not reimbursed pursuant to section 43(b) of this Act. 22 u s e 2792.
95 STAT. 1524 PUBLIC LAW 97-113—DEC. 29, 1981 22 use 2795b. "SEC. 53. ANNUAL REPORTS TO CONGRESS.—(a) Not later than December 31 of each year, the President shall submit to the Congress a comprehensive report on acquisitions of defense articles and defense services under this chapter. Each such report shall include— "(1) a description of each contract for the acquisition of defense articles or defense services under this chapter which was entered into during the precedingfiscalyear; "(2) a description of each contract for the acquisition of defense articles or defense services under this chapter which the Presi- dent anticipates will be entered into during the current fiscal year; "(3) a description of each defense article or defense service acquired under this chapter which was transferred to a foreign country or international organization during the preceding fiscal year; and "(4) an evaluation of the impact of the utilization of the authority of this chapter on United States defense production and the readiness of the United States Armed Forces. "(b) As part of the annual written report to the Congress required by section 139(a) of title 10, United States Code, regarding procure- ment schedules for each weapon system for which funding authoriza- tion is required, the President shall provide a report estimating the likely procurements to be made through the Fund.". (b) Section 138 of title 10, United States Code, is amended by adding immediately following subsection (f) the following new subsection: "(g) The size of the Special Defense Acquisition Fund established Ante, p. 1522. pursuant to chapter 5 of the Arms Export Control Act may not exceed $300,000,000 in fiscal year 1982 and may not exceed $600,000,000 in fisc^ year 1983 or any fiscal year thereafter.". LEASING OF DEFENSE ARTICLES SEC. 109. (a) The Arms Export Control Act, as amended by section 108 of this Act, is further amended by adding at the end thereof the following new chapter: "CHAPTER 6—LEASES OF DEFENSE ARTICLES 22 use 2796. "SEC. 61. LEASING AUTHORITY.—(a) The President may lease defense articles in the stocks of the Department of Defense to an eligible foreign country or international organization if— "(1) he determines that there are compelling foreign policy and national security reasons for providing such articles on a lease basis rather than on a sales basis under this Act; "(2) he determines that the articles are not for the time needed for public use; and "(3) the country or international oi^anization has agreed to pay in United States dollars all costs incurred by the United States Covernment in leasing such articles, including reimburse- ment for depreciation of such articles while leased, the costs of restoration or replacement if the articles are damaged while leased, and the replacement cost (less any depreciation in the value) of the articles if the articles are lost or destroyed while leased. The requirement of paragraph (3) shall not apply to leases entered into for purposes of cooperative research or aevelopment, military exercises, or communications or electronics interface projects, or to
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1525 any defense article which has passed three-quarters of its normal service life. "(b) Each lease agreement under this section shall be for a fixed duration of not to exceed five years and shall provide that, at any time during the duration of the lease, the President may terminate the lease and require the immediate return of the leased articles. "(c) Defense articles in the stocks of the Department of Defense may be leased or loemed to a foreign country or international organization only under the authority of this chapter or chapter 2 of part II of the Foreign Assistance Act of 1961, and may not be leased to 22 use 23ii. a foreign country or international organization under the authority of section 2667 of title 10, United States Code. "SEC. 62. REPORTS TO THE CONGRESS.—(a) Not less than 30 days 22 use 2796a. before entering into or renewing any agreement with a foreign country or international organization to lease any defense article under this chapter, or to loan any defense article under chapter 2 of part II of the Foreign Assistance Act of 1961, for a period of one year or longer, the President shall transmit to the Speaker of the House of Representatives, and to the chairman of the Committee on Foreign Relations of the Senate and the chedrman of the Committee on Armed Services of the Senate, a written certification which specifies— "(1) the country or international organization to which the defense article is to be leased or loaned; "(2) the type, quantity, and value (in terms of replacement cost) of the defense article to be leased or loaned; "(3) the terms and duration of the lease or loan; and "(4) a justification for the lease or loan, including an explana- tion of why the defense article is being leased or loaned rather than sold under this Act. "(b) The President may waive the requirements of this section (and Waiver. in the case of an agreement described in section 63, may waive the provisions of that section) if he determines, and immediately reports to the Congress, that an emergency exists which requires that the lease or loan be entered into immediately in the national security interests of the United States. "SEC. 63. LEGISLATIVE REVIEW.—(aXD In the case of any agreement 22 use 2796b. involving the lease under this chapter, or the loan under chapter 2 of part II of the Foreign Assistance Act of 1961,toany foreign country or international organization for a period of one year or longer of any defense articles which are either (i) msgor defense equipment valued (in terms of its replacement cost less any depreciation in its value) at $14,000,000 or more, or (ii) defense articles valued (in terms of their replacement cost less any depreciation in their value) at $60,000,000 or more, the agreement may not be entered into or renewed if the Congress, within 30 calendar dajrs after receiving the certification with respect to that proposed agreement pursuant to section 62(a), adopts a concurrent resolution stating that it objects to the proposed lease or loan. "(2) This section shall not apply with respect to a loan or lease to the North Atlantic Treaty Organization, any member country of that Organization, Japan, Australia, or New Zealand. * (b) Any resolution under subsection (a) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. 90 Stat. 765. "(c) For the purpose of expediting the consideration and adoption of concurrent resolutions under subsection (a), a motion to proceed to
95 STAT. 1526 PUBLIC LAW 97-113—DEC. 29, 1981 the consideration of any such resolution after it has heen reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. 22 u s e 2796c. "SEC. 64. APPUCATION OF OTHER PROVISIONS OP LAW.—Any refer- ence to sales of defense articles under this Act in any provision of law restricting the countries or organizations to which such sales may be made shsdl be deemed to include a reference to leases of defense articles under this chapter.". (b) Such Act is further amended— 22 u s e 2752. (1) in section 2(b)— (A) by inserting ", leases," immediately after "sales" both places it appears, (B) by inserting "whether there shall be a lease to a country," immediately after "thereof,", and (C) by inserting ", lease," immediately after "sale" the second place it appears; 22 u s e 2753. (2) in section 3(a)— (A) in the text preceding paragraph (1) by inserting "or leased" immediately after sold", and (B) in paragraph (4) by inserting "or lease" immediately after "purchase"; and 22 u s e 2754. (3) in section 4 by inserting "or leased" immediately after "sold" in the first sentence. Loan terms and (c) Paragraph (5) of section 503(b) of the Foreign Assistance Act of conditions. 1961 is amended to read as follows: 22 u s e 2311. "(5) the loan agreement provides that (A) if the defense article is damaged while on loan, the country or international organiza- tion to which it was loaned will reimburse the United States for the cost of restoring or replacing the defense article, and (B) if the defense article is lost or destroyed while on loan, the country or international organization to which it was loaned will pay to the United States an amount equal to the replacement cost (less any depreciation in the value) of the defense article.". Repeal. (d)(1) Section 109 of the International Security and Development 10 u s e 2667 Cooperation Act of 1980 is repealed. note. 22 u s e 2776. (2) Section 36(a) of the Arms Export Control Act is amended— (A) by inserting "and" at the end of paragraph (8); (B) by striking out "; and" at the end of paragraph (9) and inserting in lieu thereof a period; and (C) by striking out paragraph (10). MIUTARY ASSISTANCE Appropriation SEC. 110. (a) Section 504(a) of the Foreign Assistance Act of 1961 is authorization. amended to read as follows: 22 u s e 2312. "(a)(1) There are authorized to be appropriated to the President to carry out the purposes of this chapter not to exceed $238,500,000 for the fiscal year 1982 and not to exceed $238,500,000 for the fiscal year 1983. "(2) Amounts appropriated under this subsection are authorized to remain available until expended.". 22 u s e 2318. (b) Section 506(a) of such Act is amended by striking out "$50,000,000" and inserting in lieu thereof "$75,000,000". 22 u s e 2311. (c) Section 503(aX3) of such Act is amended by striking out "speci- fied in section 504(a)(1) of this Act, within the dollar limitations of that section," and inserting in lieu thereof "country,". Ilepeal (d) Section 516 of such Act is repealed. 22 u s e 2321J.
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1527 STOCKPILING OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES SEC. 111. Section 514(bX2) of the Foreign Assistance Act of 1961 is 22 use 232ih. amended by striking out "$85,000,000 for the fiscal year 1981" and inserting in Ueu thereof "$130,000,000 for the fiscal year 1982 and $125,000,000 for the fiscal year 1983". INTERNATIONAL MILITARY ASSISTANCE AND SALES PROGRAM MANAGEMENT SEC. 112. Section 515 of the Foreign Assistance Act of 1961 is 22 u s e 23211. amended to read as follows: "SEC. 515. OVERSEAS MANAGEMENT OF ASSISTANCE AND SALES PROGRAMS.^a) In order to carry out his responsibilities for the management of international security assistance programs conducted under this chapter, chapter 5 of this part, and the Arms 22 u s e 2347. Export Control Act, the President may assign members of the Armed 22 u s e 2751 Forces of the United States to a foreign country to perform one or note. more of the following functions: "(1) equipment and services case management; "(2) training management; "(3) program monitoring; "(4) evaluation and planning of the host government's military capabilities and requirements; (5) administrative support; "(6) promoting rationalization, standardization, interopera- bility, and other defense cooperation measures among members of the North Atlantic Treaty Organization and with the Armed Forces of Japan, Australia, and New Zealand; and "(7) liaison functions exclusive of advisory and training assistance. "0)) Advisory and training assistance conducted by military person- Advisory and nel assigned under this section shall be kept to an absolute minimum. training It is the sense of the Congress that advising and training assistance in assistance. countries to which military personnel are assigned under this section shall be provided primarily by other personnel who are not assigned under this section and who are detailed for limited periods to perform specific tasks. "(cXD The number of members of the Armed Forces assigned to a Military foreign country under this section may not exceed six unless specifi- personnel strengths. cally authorized by the Congress. The President may waive this limitation if he determines and reports to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, 30 days prior to the introduction of the additional military personnel, that United States national interests require that more than six members of the Armed Forces be assigned under this section to carry out international security assistance programs in a country not specified in this paragraph. For the fiscal year 1982 and the fiscal year 1983, Indonesia, the Republic of Korea, the Philippines, Thailand, Egjrpt, Jordan, Morocco, Saudi Arabia, Greece, Portugal, Spain, and Turkey are authorized to have military personnel strengths larger than six under this section to carry out international security assistance programs. "(2) The total number of members of the Armed Forces assigned under this section to a foreign country in a fiscal year may not exceed the number justified to the Congress for that country in the congres- sional presentation materials for that fiscal year, unless the Commit- tee on Foreign Relations of the Senate and the Committee on Foreign -194 0—82 98:QL3
95 STAT. 1528 PUBLIC LAW 97-113—DEC. 29, 1981 Affairs of the House of Representatives are notified 30 days in advance of the introduction of the additional military personnel. "(d) Effective October 1,1982, the entire costs (including salaries of United States military personnel) of overseas m£inagement of inter- national security assistance programs under this section shall be charged to or reimbursed from funds made available to carry out this chapter, other than any such costs which are either paid directly for such defense services under section 21(a) of the Arms Export Control 22 use 2761. Act or reimbursed from charges for services collected from foreign governments pursuant to section 21(e) and section 43(b) of that Act. "(e) Members of the Armed Forces a s s ^ e d to a foreign country under this section shall serve under the direction and supervision of the Chief of the United States Diplomatic Mission to that country. "(f) The President shall continue to instruct United States diplo- matic and military personnel in the United States missions abroad that they should not encourage, promote, or influence the purchase by any foreign country of United States-made military equipment, unless they are specifically instructed to do so by an appropriate official of the executive branch.". INTERNATIONAL MILITARY EDUCATION AND TRAINING 22 use 2347a. SEC. 113. Section 542 of the Foreign Assistance Act of 1961 is amended by striking out "$34,000,000 for the fiscal year 1981" and inserting in lieu thereof "$42,000,000 for the fiscal year 1982 and $42,000,000 for thefiscalyear 1983". PEACEKEEPING OPERATIONS 22 use 2348a. SEC. 114. (a) Section 552(a) of the Foreign Assistance Act of 1961 is amended by striking out "$25,000,000 for the fiscal year 1981" and inserting in lieu thereof "$19,000,000 for the fiscal year 1982 and $19,000,000 for thefiscalyear 1983". (b) Section 552(c) of such Act is amended by striking out "(1)" and all that follows through "may not be transferred" and inserting in lieu thereof "the total amount so transferred in any fiscal year may not exceed $15,000,000". FOREIGN INTIMIDATION AND HARASSMENT OF INDIVIDUALS IN THE UNITED STATES SEC. 115. CJhapter 1 of the Arms Export Control Act is amended by adding at the end thereof the following new section: 22 u s e 2756. "SEC. 6. FOREIGN INTIMIDATION AND HARASSMENT OF INDIVIDUALS IN THE UNITED STATES.—NO letters of offer may be issued, no credits or guarantees may be extended, and no export licenses may be issued under this Act with respect to any country determined by the President to be engs^ed in a consistent pattern of acts of intimida- tion or harassment directed against individuals in the Uulted States. Report to The President shall report any such determination promptly to the eongress. Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate.". TITLE n—ECONOMIC SUPPORT FUND AUTHORIZATION OF APPROPRIATIONS 22 use 2346. SEC. 201. Section 531(bXl) of the Foreign Assistance Act of 1961 is amended by striking out "for the fiscal year 1981, $2,065,300,000" and
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1529 inserting in lieu thereof "$2,623,500,000 for the fiscal year 1982 and $2,723,500,000 for the fiscal year 1983". PROVISIONS RELATING TO USE OF FUNDS SEC. 202. Chapter 4 of part 11 of the Foreign Assistance Act of 1961 is amended by striking out sections 532 and 533 and inserting in lieu thereof the following new sections: "SEC. 532. MIDDLE EAST PROGRAMS.—(aXD Of the funds authorized 22 use 2346a. to be appropriated to carry out this chapter for the fiscal year 1982 and for the fiscal year 1983, not less than $785,000,000 for each such year shall be available only for Israel and not less than $750,000,000 for each such year shall be available only for Egypt. Amounts made available for Israel and Egypt for thefiscalyear 1982 pursuant to this paragraph shall be in addition to the amounts made available to those countries pursuant to paragraph (4) of this subsection. "(2) All of the funds made available to Israel and to Egypt under this chapter for the fiscal years 1982 and 1983 shall be provided on a grant basis. "(3) The total amovmt of funds allocated for Israel under this chapter for the fiscal year 1982 and for the fiscal year 1983 may be made available as a cash transfer. In exercising the authority of this paragraph, the President shall ensure that the level of cash transfers made to Israel does not cause an adverse impact on the total amount of nonmilitarv exports from the United States to Israel. "(4) In addition to the amounts requested for Israel and Egypt imder this chapter for the fiscal year 1982, $21,000,000 shall be made available for Israel for the fiscal year 1982 and $21,000,000 shall be made available for Egypt for the fiscal year 1982 in order to replace the funds which were authorized and appropriated for those coun- tries in the fiscal year 1981 but which were reprogrammed in order to provide assistance for Liberia and El Salvador. "(5) Of the amounts provided to Egypt under this chapter for the fiscal year 1982 and for the fiscal year 1983, up to $50,000,000 for each such year may be used under title Xn of chapter 2 of part I of this Act 22 use 2220a. in building agricultural extension services in Egypt for the small farmer in order to upgrade the skills of the agricultural faculty in provincial universities, improve the agricultural curriculum offered and the equipment avaiilable in provincial universities, and establish a provincial university extension service with an outreach program which can directly reach the Egyptian small farmer. "(bXD Of the funds authorized to be appropriated to carry out this chapter for the fiscal year 1982 and for the fiscal year 1983, $11,000,000 for each such year may be used for special requirements in the Middle East, including regional cooperative projects of a scientific and technological nature in accordance with paragraph (2) of this subsection, other regional programs, development programs on the West Bank and in Gaza, population programs, project develop- ment and support, and programs of participant training. "(2) It is the sense of the Congress that, in order to continue to build the structure of peace in the Middle East, the United States should finance, and where appropriate participate in, cooperative projects of a scientific and technological nature involving Israel and Egypt and other Middle East countries wishing to participate. These cooperative projects should include projects in the fields of agriculture, health, energy, the environment, education, water resources, and the social sciences. Of the funds available under paragraph (1) of this subsection for the fiscal year 1982 and for thefiscalyear 1983, $4,000,000 for each
95 STAT. 1530 PUBLIC LAW 97-113—DEC. 29, 1981 such year may be used in accordance with this paragraph for scientific and technological projects which will promote regional cooperation among Israel and Egypt and other Middle East countries. Report to (Z) The President may obligate funds under paragraph (1) of this congressional subsection only if, in accordance with the established prenotification committees. 22 u s e 2394-1. procedures under section 634A of this Act, he transmits a report to the Committee on Foreign Affairs and the Committee on Appropri- ations of the House of Representatives, and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate, at least 15 days prior to such obligation. This report shall set forth— "(A) the name of the proposed recipient of such funds, "(B) the amount of funds to be made available to such recipi- ent, and "(C) the purpose for which such funds are to be made available. Report to "(4) At the end of the fiscal year 1981, at the end of the fiscal year Congress. 1982, and at the end of the fiscal year 1983, the President shall report to the Congress on the use of funds under this chapter during that fiscal year for special requirements in the Middle East. Syria, fund "(c) None of the funds appropriated to carry out this chapter for the restrictions. fiscal year 1982 or the fiscal year 1983 may be made available to S3rria. Lebanon, relief "(d) It is the sense of the Congress that, of the funds authorized to and be appropriated to carry out this chapter, $7,000,000 for the fiscal rehabilitation programs. year 1982 and $7,000,000 or more for the fiscal year 1983 should be made available for Lebanon for relief and rehabilitation programs of international and private voluntary agencies and other not-for-profit United States organizations operating in Lebanon. 22 u s e 2346b. "SEC. 533. EASTERN MEDITERRANEAN PROGRAMS.—(a) Not less than two-thirds of the funds made available to Turkey under this chapter for each of the fiscal years 1982 and 1983 shall be provided on a grant basis. "(b) Of the funds authorized to be appropriated to carry out this chapter for the fiscal year 1982 and for the fiscal year 1983, $15,000,000 for each such year shall be available only for Cyprus. Of that amount, $5,000,000 for the fiscal year 1982 and $10,000,000 for the fiscal year 1983 shall be for scholarship programs to bring Cypriots to the United States for education. 22 u s e 2346c. SEC. 534. PROHIBITION ON U S E OF FUNDS FOR NUCLEAR FACILI- TIES.—Funds available to carry out this chapter for the fiscal year 1982 and for the fiscal year 1983 may not be used to finance the construction of, the operation or maintenance of, or the supplying of fuel for, any nuclear facility in a foreign country unless the President certifies to the Congress that use of funds for such purpose is indispensable to the achievement of nonproliferation objectives which are uniquely significant and of paramount importance to the United States. 22 u s e 2346d. "SEC. 535. EMERGENCY ASSISTANCE.—(a) Of the funds appropriated to carry out this chapter, up to $75,000,000 for the fiscal year 1982 and up to $75,000,000 for the fiscal year 1983 may be made available for emergency use under this chapter when the national interests of the United States urgently require economic support to promote eco- nomic or political stability. "(b) Notwithstanding any provision of this chapter or of an appro- priations Act (including a joint resolution making continuing appro- priations) which earmarks funds available to carry out this chapter for a specific country or purpose, up to 5 percent of each amount so earmarked may be used to carry out this section.
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1531 "SEC. 536. SPECIAL REQUIREMENTS FUND.—Of the amounts appro- Notification of priated to carry out this chapter, up to $75,000,000 for the fiscal year committees 1982 may be made available as a special requirements fund, except 22 use 2346e. that such funds may not be obligated unless the Committee on Foreign Relations of the Senate, the Committee on Foreign AfiTairs of the House of Representatives, and the Committee on Appropriations of each House of the Congress are notified fifteen days in advance of such obligation. "SEC. 537. TUNISIA.—Of the funds authorized to be appropriated to 22 use 2346f. carry out this chapter for the fiscal years 1982 and 1983, not less than $5,000,000 for each such year shall be available for Tunisia. "SEC. 538. COSTA RICA.—Of the funds authorized to be appropriated 22 use 2346g. to carry out this chapter for the fiscal years 1982 and 1983, not less than $15,000,000 for each such year shall be available only for Costa Rica for the purposes of economic assistance. "SEC. 539. NICARAGUA.—Of the funds authorized to be appropriated 22 use 2346h. to carry out this chapter, $20,000,000 for the fiscal year 1982 and $20,000,000 for the fiscal year 1983 shall be available only for Nicaragua.". ACQUISITION OF AGRICULTURAL COMMODITIES AND RELATED PRODUCTS UNDER COMMODITY IMPORT PROGRAMS SEC 203. The Congress directs the President to allocate at least 15 22 u s e 2346 note. percent of the funds which are made available each fiscal year under this title for commodity import programs for use in financing the purchase of agricultural commodities and agricultural-related prod- ucts which are of United States-origin. TITLE III—DEVELOPMENT ASSISTANCE AGRICULTURE, RURAL DEVELOPMENT, AND NUTRITION SEC. 301. (a) The first sentence of section 103(aX2) of the Foreign Assistance Act of 1961 is amended by striking out "$713,500,000 for 22 u s e 2151a. the fiscal year 1981" and inserting in lieu thereof "$700,000,000 for the fiscal year 1982 and $700,000,000 for the fiscal year 1983, of which up to $1,000,000 for each such fiscal year shall be available only to carry out section 316 of the International Security and Development Cooperation Act of 1980". 94 Stat. 3149. (b)(1) It is the sense of the Congress that the United States should Infant feeding strongly support the efforts of developing countries to improve infant practices. feeding practices, in particular through the promotion of breast feeding. As a demonstration of that support, the President is author- ized to use up to $5,000,000 of the funds made available for the fiscal year 1982 to carry out the purposes of sections 103 and 104(c) of the Foreign Assistance Act of 1961 in order to assist developing countries 22 u s e 2151a, establish or improve programs to encourage improved infant feeding 2151b. practices. In carrying out this paragraph, the Agency for Interna- tional Development should provide funds for necessary research to obtain better information on the precise nature and magnitude of problems relating to infant feeding practices, including the use of mfant formula, in developing countries. (2) The President shall, as part of the congressional presentation documentation for the fiscal years 1983 and 1984, include information relevant to the implementation of this subsection, including— (A) a description of actions taken by the Agency for Interna- tional Development to promote breast feeding and to improve
95 STAT. 1532 PUBLIC LAW 97-113—DEC. 29, 1981 supplemental infant feeding practices in developing countries through funds made available in this subsection and through its regular programs in the fields of health, nutrition, and popula- tion activities; (B) a summary of the results of studies authorized by this subsection on the nature and magnitude of problems in develop- ing countries related to infant feeding practices; and (C) a sunmiary of reports by member countries of the World Health Organization on their actions to implement the Interna- tional Code of Marketing of Breast Milk Substitutes. 22 u s e 2151a. (c) Section 103 of such Act is amended by adding at the end thereof the following new subsection: "(g) In order to carry out the purposes of this section, the President may continue to participate in and may provide, on such terms and conditions as he may determine, up to $180,000,000 to the Interna- Appropriation tional Fund for Agricultural Development. There are authorized to authorization. be appropriated to the President for the purposes of this subsection $180,000,000, except that not more than $40,500,000 may be appropri- ated under this subsection for the fiscal year 1982. Amounts appropri- ated under this subsection are authorized to rem£iin available until expended.". POPULATION AND HEALTH Appropriation SEC. 302. (a) Section 104(g) of the Foreign Assistance Act of 1961 is authorization. amended by striking out the first sentence and inserting in lieu 22 u s e 2151b. thereof the following: "There are authorized to be appropriated to the President, in addition to funds otherwise available for such purposes— "(1) $211,000,000 for the fiscal year 1982 and $211,000,000 for the fiscal year 1983 to carry out subsection (b) of this section; and "(2) $133,405,000 for the fiscal year 1982 and $133,405,000 for the fiscal year 1983 to carry out subsection (c) of this section. Of the funds appropriated for each of the fiscal years 1982 and 1983 to carry out subsection (b) of this section, not less than 16 percent or $38,000,000, whichever amount is less, shall be available only for the United Nations Fund for Population Activities.". Abortions and (b) Section 104(f) of such Act is amended by adding at the end involuntary thereof the following: sterilization, biomedical "(3) None of the funds made available to carry out this part may be research. used to pay for any biomedical research which relates, in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning.". EDUCATION AND HUMAN RESOUKCES DEVELOPMENT South African SEC. 303. (a) The second sentence of section 105(a) of the Foreign students, Assistance Act of 1961 m amended by striking out "$101,000,000 for scholarships. 22 u s e 2151c. the fiscal year 1981" and inserting m lieu thereof "$103,600,000 for the fiscal year 1982 and $103,600,000 for the fiscal year 1983". (b) Such section is further amended by adding at the end thereof the following: "For each of the fiscal years 1982 and 1983, the President shall use not less than $4,000,000 of the funds made available for the purposes of this section to finance scholarships for undergraduate or professional education in the United States for South African students who are disadvantaged by virtue of legal restrictions on their ability to get an adequate undergraduate or professional education, except that up to $1,000,000 of the funds made available for each such fiscal year under chapter 4 of part II of this
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1533 Act for southern African re^onal programs may be used to finance 22 use 2346. such scholarships in lieu of an equal amount under this section/'. ENERGY, PRIVATE VOLUNTARY ORGANIZATIONS, AND SELECTED DEVELOPMENT ACTIVITIES SEC. 304. (a) Section 106(dX3) of the Foreign Assistance Act of 1961 22 u s e 2151d. is amended by inserting immediately before the semicolon at the end thereof the following: "and programs of disaster preparedness, including the prediction of and contingency planning for natural disasters abroad". (b) Section 106(eXl) of such Act is amended by striking out "$140,000,000 for the fiscal year 1981" and inserting in lieu thereof "$147,200,000 for the fiscal year 1982 and $147,200,000 for the fiscal year 1983". UNITED NATIONS DECADE FOR WOMEN SEC. 305. Section 113 of the Foreign Assistance Act of 1961 is 22 u s e 2151k. amended by adding at the end thereof the following new subsection: "(c) Not less than $500,000 of the funds made available under this chapter for the fiscal year 1982 shall be expended on international programs which support the original goals of the United Nations Decade for Women. . HUMAN RIGHTS SEC. 306. The first sentence of section 116(e) of the Foreign Assist- ance Act of 1961 is amended by striking out "thefiscalyear 1981" and 22 u s e 2151n. inserting in lieu thereof "each of the fiscal years 1982 and 1983". ENVIRONMENT AND NATURAL RESOURCES SEC. 307. Section 118 of the Foreign Assistance Act of 1961 is 22 u s e 2151p. amended to read as follows: "SEC. 118. ENVIRONMENT AND NATURAL RESOURCES.—(a) The Con- gress finds that if current trends in the degradation of natural resources in developing countries continue, they will severely under- mine the best efforts to meet basic human needs, to achieve sustained economic growth, and to prevent international tension and conflict. The Congress also finds that the world faces enormous, urgent, and complex problems, with respect to natural resources, which require new forms of cooperation between the United States and developing countries to prevent such problems from becoming unmanageable. It is, therefore, in the economic and security interests of the United States to provide leadership both in thoroughly reassessing policies relating to natural resources and the environment, and in cooperat- ing extensively with developing countries in order to achieve environ- mentally sound development. "(b) In order to address the serious problems described in subsec- tion (a), the President is authorized to furnish assistance under this part for developing and strengthening the capacity of developing countries to protect and manage their environment and natural resources. Special efforts shall be made to maintain and where possible to restore the land, vegetation, water, wildlife, and other resources upon which depend economic growth and human well- being, especially of the poor. "(c)(1) The President, in implementing programs and projects under this chapter, shall take fully into account the impact of such programs and projects upon the environment and natural resources of developing countries. Subject to such procedures as the President
95 STAT. 1534 PUBLIC LAW 97-113—DEC. 29, 1981 considers appropriate, the President shall require all agencies and officials responsible for programs or projects under this chapter— "(A) to prepare and take fully into account an environmental impact statement for any program or project under this chapter si^iificantly affecting the environment of the global commons outside the jurisdiction of any coimtry, the environment of the United States, or other aspects of the environment which the President may specify; and "(B) to prepare and take fully into account an environmental assessment of any proposed program or project under this chapter significantly affecting the environment of any foreign country. Such agencies and officials should, where appropriate, use local technical resources in preparing environmental impact statements and environmental assessments pursuant to this subsection. "(2) The President may establish exceptions from the requirements of this subsection for emergency conditions and for cases in which compliance with those requirements would be seriously detrimental to the foreign policy interests of the United States. 22 use 2151a. «(dXl) In enacting section 103(bX3) of this Act the Congress recog- nized the importance of forests and tree cover to the developing countries. The Congress is particularly concerned about the continu- ing and accelerating alteration, destruction, and loss of tropical forests in developing countries. Tropical forests constitute a major world resource. Their destruction and loss pose a serious threat to development and the environment in developing countries. Tropical forest destruction and loss result in shortages of wood, especially wood for fuel; siltation of lakes, reservoirs and irrigation systems; floods; destruction of indigenous peoples; extinction of plant and animal species; reduced capacity for food production; and loss of genetic resources; and can result in desertification and in destabiliza- tion of the earth's climate. Properly managed tropical forests provide a sustained source of fiber and other commodities essential to the economic growth of developing countries. "(2) The concerns expressed in paragraph (1) and the recommenda- tions of the United States Interagency Task Force on Tropical Forests shall be considered by the President— "(A) in formulating and carrying out programs and policies with respect to developing countries, including those relating to bilateral and multilateral assistance and those relating to pri- vate sector activities, and "(B) in seeking opportunities to coordinate public and private development and investment activities which affect forests in developing countries. "(3) It is the sense of the Congress that the President should instruct the representatives of the United States to the United Nations and to other appropriate international organizations to urge— "(A) that higher priority be given in the programs of these organizations to the problems of tropical forest alteration and loss, and "(B) that there be improved cooperation and coordination among these organizations with respect to tropical forest activities.".
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1535 SAHEL DEVELOPMENT PROGRAM—IMPLEMENTATION SEC. 308. (a) Section 121(c) of the Foreign Assistance Act of 1961 is 22 use 2i5is. amended in the third sentence by striking out "$88,442,000 for the fiscal year 1981" and inserting in lieu thereof "$86,558,000 for the fiscal year 1982 and $86,558,000 for the fiscal year 1983". 0)) Section 121 of such Act is amended by adding at the end thereof the following new subsection: "(d) Funds available to carry out this section (including foreign currencies acquired with funds appropriated to carry out this section) may not be made available to any foreign government for disburse- ment unless the Administrator of the Agency for International Development determines that the foreign government will maintain a system of accounts with respect to those funds which will provide adequate identification of and control over the receipt and expendi- ture of those funds.". PRIVATE AND VOLUNTARY ORGANIZATIONS SEC. 309. Section 123 of the Foreign Assistance Act of 1961 is 22 u s e 2151U. amended by adding at the end thereof the following new subsections: "(f) For each of the fiscal years 1982, 1983, and 1984, funds in an amount not less than 12 percent of the aggregate amount appropri- ated for that fiscal year to carry out sections 103(a), 104(b), 104(c), 105, 106,121, and 491 of this Act shall be made available for the activities 22 u s e 2151a, of private and voluntary organizations, and the President shall seek 2151b, 2151c, 2151d, 2151s, to channel funds in an amount not less than 16 percent of such 2292. aggregate amount for the activities of private and voluntary organizations. "(g) After December 31, 1984, funds made available to carry out Funding section 103(a), 104(b), 104(c), 105,106,121, or 491 of this Act may not restrictions. be made available for programs of any United States private and voluntary organization which does not obtain at least 20 percent of its total annual financial support for its international activities from sources other than the United States Government, except that this restriction does not apply with respect to programs which, as of that date, are receiving financial support from the agency primarily responsible for administering this part. The Administrator of the agency primarily responsible for administering this part may, on a case-by-case basis, waive the restriction established by this subsec- tion, after taking into account the effectiveness of the overseas development activities of the organization, its level of volunteer support, its financial viability and stability, and the degree of its dependence for its financial support on the agency primarily respon- sible for administering this part. . HOUSING GUARANTY PROGRAMS SEC. 310. (a) Section 222(a) of the Foreign Assistance Act of 1961 is 22 use 2182. amended— (1) in the second sentence by striking out "$1,555,000,000" and inserting in lieu thereof "$1,718,000,000"; and (2) in the third sentence by striking out "September 30,1982" and inserting in lieu thereof "September 30,1984". (b) Section 223(b) of such Act is amended by adding at the end 22 use 2183. thereof the following: "All of the foregoing fees referred to in this section together with earnings thereon and other income arising from guaranty operations under this title shall be held in a revolving
95 STAT. 1536 PUBLIC LAW 97-113—DEC. 29, 1981 fund account maintained in the Treasury of the United States. All funds in such account may be invested in obligations of the United States. Any interest or other receipts derived from such investments shall be credited to such account and may be used for the purposes cited in this section.". INTERNATIONAL ORGANIZATIONS AND PROGRAMS 22 use 2221. SEC. 311. (a) Section 301 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new subsection: "(h) The President is authorized to permit the United States to participate in and to use any of the funds made available under this part after the date of enactment of this subsection for the purpose of furnishing assistance (on such terms and conditions as the President may determine) to the International Food Policy Research Institute.". 22 use 2222. (b) Section 302(aXl) of such Act is amended by striking out "$233,350,000 for the fiscal year 1981" and inserting in lieu thereof "$218,600,000 for the fiscal year 1982 and $218,600,000 for the fiscal year 1983. Of the funds appropriated under this paragraph for each of the fiscal years 1982 and 1983, (A) not less than 19.6 percent or $45,000,000, whichever amount is less, shall be available only for the United States Children's Fimd, (B) not less than 59.5 percent or $134,500,000, whichever amount is less, shall be available only for the United Nations Development Fund, (C) not less than 4,4 percent or $10,000,000, whichever amount is less, shall be available only for the tJnited Nations Environment Fund, (D) not less than 0.159 percent or $400,000, whichever amount is less, shall be available only for the United Nations Trust Fund for Southern Africa, and (E) not less than 0.196 percent or $500,000, whichever amount is less, shall be available only for the United Nations Institute for Training and Research". TRADE AND DEVELOPMENT PROGRAM SEC. 312. (a) The section caption of section 661 of the Foreign 22 use 2421. Assistance Act of 1961 is amended by striking out "REIMBURSABLE DEVELOPMENT PROGRAMS" and inserting in lieu thereof "TRADE AND DEVELOPMENT PROGRAM". (b) Such section 661 is further amended— (1) by inserting "(a)" immediately before "The President"; (2) in the first sentence by striking out "to use $4,000,000 of the funds made available for the fiscal year 1981 for the purposes of this Act"; and Appropriation (3) by adding at the end thereof the following new subsection: authorization. u(^^ rj^^^.^ ^^^^ authorized to be appropriated to the President for purposes of this section, in addition to funds otherwise available for such purposes, $6,907,000 for the fiscal year 1982 and $6,907,000 for the fiscal year 1983. Amounts appropriated under this subsection are authorissedtoremain available until expended.". AFRICAN D E V E L O P M E N T FOUNDATION SEC. 313. Section 510 of the International Security and Develop- 22 use 290h-8. ment Cooperation Act of 1980 is amended— (1) by striking out "for the fiscal year 1981"; and (2) by striking out "$2,000,000" and inserting in lieu thereof "not less than $2,000,000 for the fiscal year 1982 and up to $2,000,000 for the fiscal year 1983".
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1537 TITLE IV-FOOD FOR PEACE PROGRAMS REPEAL OF OBSOLETE FOREIGN CURRENCY PROVISIONS SEC. 401. The Agricultural Trade Development and Assistance Act of 1954 is amended— (1) in section 101, by striking out "for foreign currencies" and '^ use i70i. inserting in lieu thereof ", to the extent that sales for dollars under the terms applicable to such sales are not possible, for foreign currencies on credit terms and on terms which permit conversion to dollars at the exchange rate applicable to the sales agreement"; (2) by amending section 103(b) to read as follows: ''' use 1703. "(b) except where the President determines that it would be inconsistent with the objectives of this Act, determine the amount of foreign currencies needed for the uses specified in subsections (a), (b), (e), and (h) of section 104 and in title HI, and j use mi, the agreements for credit sales shall provide for pavment of such ^^^^ amounts in dollars or in foreign currencies upon delivery of the agricultural commodities; and such payment may be considered as an advance payment of the earliest installments;"; (3) in section 103(d), by striking out "(1)" and by striking out", or (2) for the purpose only of sales of agricultural commodities for f o r e ^ currencies under title I of this Act, any country or area dominated by a Communist government"; (4) in section 103(1), by striking out "obtain commitments from friendly" and all that follows through "United States of America, and"; (5) in section 104— '^ use i704. (A) in the text preceding subsection (a), by striking out "this title" and inserting in lieu thereof "agreements for such sales entered into prior to January 1, 1972,"; and (B) in paragraph (3) of the proviso following subsection (k), by striking out (except as provided in subsection (c) of this section),"; (6) m section 106(a)— '^ ^^e 1706. (A) by inserting "(1)" after "(a)"; and (B) by adding at the end thereof the following: "(2) Payment by any friendly country for commodities purchased for foreign currencies on credit terms and on terms which permit conversion to dollars shall be upon terms no less favorable to the United States than those for development loans made under section 122 of the Foreign Assistance Act of 1961."; (7) by repealing section 108; and '^ use 1708. (8) by repealing section 109(b). '^ use i709. EMERGENCY OR EXTRAORDINARY RELIEF REQUIREMENTS SEC. 402. Section 104(d) of the Agricultural Trade Development and Assistance Act of 1954 is amended by striking out "$5,000,000" and inserting in lieu thereof "$10,000,000'' SELF-HELP MEASURES TO INCREASE AGRICULTURAL PRODUCTION; VERIFICATION OF SELF-HELP PROVISIONS SEC. 403. (a) Section 109(a) of the Agricultural Trade Development and Assistance Act of 1954 is amended—
95 STAT. 1538 PUBLIC LAW 97-113—DEC. 29, 1981 (1) bv inserting in paragraph (3) immediately before the semi- colon , and reducing illiteracy among the rural poor"; (2) by striking out the period at the end of paragraph (10) and inserting in Ueu thereof ; and"; and (3) by inserting the following new paragraph immediately after paragraph (10); "(11) carrying out programs to improve the health of the rural poor.". (b) Section 109 of the Agricultural Trade Development and Assist- 7 u s e 1709. ance Act of 1954 is amended by adding at the end thereof a new subsection as follows: "(dXD In each agreement entered into under this title and in each amendment to such an agreement, the economic development and self-help measures which the recipient country agrees to undertake shall be described (A) to the maximum extent feasible, in specific and measurable terms, and (B) in a manner which ensures that the needy people in the recipient country will be the major beneficiaries of the self-help measures pursuant to each agreement. "(2) the President shall, to the maximum extent feasible, take appropriate steps to assure that, in each agreement entered into under this title and in each amendment to such an agreement, the self-help measures agreed to are additional to the measures that the recipient country otherwise would have undertaken irrespective of that agreement or amendment. "(3) The President shall take all appropriate steps to determine whether the economic development and self-help provisions of each agreement entered into imder this title, and of each amendment to such an agreement, are being fully carried out.". 7 u s e 1709 note. (c) The amendments made by this section shall not be effective if Ante, p. 1213. the Agriculture and Food Act of 1981 is enacted (either before or after the enactment of this Act) and contains the same amendments. TITLE II MINIMUM SEC. 404. Section 201(bX3) of the Agricultural Trade Development 7 use 1721. and Assistance Act of 1954 is amended by striking out "1,400,000 metric tons" and inserting in lieu thereof "1,200,000 metric tons for nonemergency programs". TITLE V—OTHER ASSISTANCE PROGRAMS AMERICAN SCHOOLS AND HOSPITALS ABROAD 22 use 2174. SEC 501. Section 214(c) of the Foreign Assistance Act of 1961 is amended by striking out "$30,000,000 for the fiscal year 1981" and inserting in lieu thereof "$20,000,000 for the fiscal year 1982 and $20,000,000 for the fiscal year 1983". INTERNATIONAL NARCOTICS CONTROL Marihuana SEC. 502. (aXD Section 481(d) of the Foreign Assistance Act of 1961 eradication, is amended to read as follows: herbicides. 22 u s e 2291. "(dXD The Secretary of State shall inform the Secretary of Health and Human Services of the use or intended use by any country or international organization of any herbicide to eradicate marihuana in a program receiving assistance under this chapter. Report to "(2) The Secretary of Health and Human Services shall monitor the Congress. impact on the health of persons who may use or consume marihuana
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1539 of the spra5dng of a herbicide to eradicate such marihuana in a program receiving assistance under this chapter, and if the Secretary determines that such persons are exposed to amounts of such herbi- cide which are harmful to their health, the Secretary shall prepare and transmit a report to the Congress setting forth such determina- tion together with any recommendations the Secretary may have. "(3) Of the funds authorized to be appropriated for the fiscal year 1982 under section 482, the President is urged to use not less than 22 u s e 2291a. $100,000 to develop a substance that clearly and readily warns persons who may use or consume marihuana that it has been sprayed with the herbicide paraquat or other herbicide harmful to the health of such persons. "(4) If the Secretary of Agriculture determines that a substance has been developed that clearly and readily warns persons who may use or consume marihuana that it has been sprayed with the herbicide paraquat or other herbicide harmful to the health of such persons, such substance shall be used in conjunction with the spraying of paraquat or such other herbicide in any program receiving assistance under this chapter.". (2) Assistance provided from funds appropriated, before the enact- 22 u s e 2291 note. ment of this Act, to carry out section 481 of the Foreign Assistance Act of 1961 may be made available for purposes prohibited by 22 u s e 2291. subsection (d) of such section as in effect immediately before the enactment of this subsection. (3) Funds appropriated for the fiscal year 1980 to carry out section 22 u s e 2291 481 of the Foreign Assistance Act of 1961 which were obligated for note. assistance for the Republic of Colombia may be used for purposes other than those set forth in section 482(aX2) of that Act as in effect immediately before the enactment of the International Security and Development Cooperation Act of 1980. 94 Stat. 3131. (4) Paragraphs (2) and (3) of this subsection shall apply only to the 22 u s e 2291 note. extent provided in advance in an appropriations Act. For such purpose, the funds described in those paragraphs are authorized to be made available for the purposes specified in those paragraphs. (b) Section 481 of the Foreign Assistance Act of 1961 is amended by Report to eongress. adding at the end thereof the following new subsection: 22 u s e 2291. "(e) Not later than February 1 of each year, the President shall transmit to the Speaker of the House of Representatives, and to the Committee on Foreign Relations of the Senate, a report on the status of the United States policy to establish and encourage an interna- tional strategy to prevent the illicit production of and to interdict and intercept trafficking in narcotics.". (c) Section 482(a) of such Act is amended to read as follows: Appropriation "(aXD To carry out the purposes of section 481, there are authorized authorization. 22 u s e 2291a. to be appropriated to the President $37,700,000 for the fiscal year 1982 and $37,700,000 for the fiscal year 1983. "(2) Amounts appropriated under this subsection are authorized to remain available until expended.". INTERNATIONAL DISASTER ASSISTANCE SEC. 503. Section 492(a) of the Foreign Assistance Act of 1961 is 22 use 2292a. amended by striking out "$25,000,000 for the fiscal year 1981" and inserting in lieu thereof "$27,000,000 for the fiscal year 1982 and $27,000,000 for the fiscal year 1983".
95 STAT. 1540 PUBLIC LAW 97-113—DEC. 29, 1981 ASSISTANCE FOR DISPLACED PERSONS IN CENTRAL AMERICA SEC. 504. Chapter 9 of part I of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: 22 use 2292o. "SEC. 495L ASSISTANCE FOR DISPLACED PERSONS IN CENTRAL AMER- ICA.—(aXD The Congress recognizes that prompt United States assist- ance is necessary to help meet the basic human needs of persons displaced by strife in El Salvador. Therefore, the President is author- ized to furnish assistance, on such terms and conditions as he may determine, to help alleviate the suffering of these displaced persons. Assistance provided under this section shall be for humanitarian purposes, with emphasis on the provision of food, medicine, medical care, and shelter and, where possible, implementation of other relief and rehabilitation activities. The Congress encourages the use, where appropriate, of the services of private and voluntary organizations and international relief agencies in the provision of assistance under this section. "(2) The Congress understands that the country of Belize has expressed interest and willingness in the resettlement in its territory of Haitian nationals who desire to settle in Belize. Therefore, the President is authorized to furnish assistance, on such terms and conditions as he may determine, to assist the Government of Belize in the resettlement of Haitian nationals in the national territory of Belize. Appropriation "(b) There are authorized to be appropriated to the President for authorization. tjjg purposes of this section, in addition to amounts otherwise available for such purposes, $5,000,000 for the fiscal year 1982 and $5,000,000 for the fiscal year 1983. Amounts appropriated under this section are authorized to remain available untU expended. "(c) Assistance under this section shall be provided in accordance with the policies and utilizing the general authorities provided in 22 use 2292. section 491.". TITLE VI—PEACE CORPS ESTABLISHMENT AS AN INDEPENDENT AGENCY SEC. 601. (a) The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by inserting the following new section 2A immediately after section 2: "PEACE CORPS AS AN INDEPENDENT AGENCY 22 use 2501-1. ««SEC. 2A. Effective on the date of the enactment of the Interna- tional Security and Development Cooperation Act of 1981, the Peace Corps shall be an independent agency within the executive branch and shall not be an agency within the ACTION Agency or any other department or agency of the United States.". 22 use 2501-1 (b) There are transferred to the Director of the Peace Corps all "°*®- functions relating to the Peace Corps which were vested in the Director of the ACTION Agency on the day before the date of the enactment of this Act. 22 use 2501-1 (c)(X) All personnel, assets, liabilities, contracts, property, records, note. and unexpended balances of appropriations, authorizations, alloca- tions, and other funds as are determined by the Director of the Oftice of Management and Budget, after consultation with the Comptroller Greneral of the United States, the Director of the Peace Corps, and the Director of the ACTION ^ency, to be employed, held, used, or assumed primarily in connection with any function relating to the Peace Corps before the date of the enactment of this Act are
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1541 transferred to the Peace Corps. The transfer of unexpended balances pursuant to the preceding sentence shall be subject to section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c). (2XA) The transfer pursuant to this subsection of full-time person- nel (except special Government employees) and part-time personnel holding permanent positions shall not cause any employee to be separated or reduced in rank, class, grade, or compensation, or otherwise suffer a loss of employment benefits for one year after— (i) the date on which the Director of the Office of Management and Budget submits the report required by subsection (f)(1) of this section, or (ii) the effective date of the transfer of such employee, whichever occurs later. (B) The personnel transferred pursuant to this subsection shall, to the maximum extent feasible, be assigned to such related functions and organizational units in the Peace Corps as such personnel were assigned to immediately before the date of the enactment of this Act. (C) Collective-bargaining agreements in effect on the date of the Collective- enactment of this Act covering personnel transferred pursuant to bargaining this subsection or employed on such date of enactment by the Peace agreements. Corps shall continue to be recognized by the Peace Corps until the termination date of such agreements or until such agreements are modified in accordance with applicable procedures. (3) Under such regulations as the President may prescribe, each Foreign Service person who, immediately before the date of the enactment of this Act, appointments. does not hold an appointment under section 7(a)(2) of the Peace Corps Act and who is determined under paragraph (1) of this subsection to 22 use 2506. be employed primarily in connection with any function relating to the Peace Corps shall, effective on the date of the enactment of this Act, and notwithstanding subparagraph (B) of section 7(a)(2) of the Peace Corps Act, be appointed a member of the Foreign Service under section 7(a)(2) of the Peace Corps Act, and be appointed or assigned to an appropriate class of the Foreign Service, except that— (A) any person who, immediately before such date of enact- ment, holds a career or career-conditional appointment shall not, without the consent of such person, be so appointed until three years after such date of enactment, during which period any such person not consenting to be so appointed may continue to hold such career or career-conditional appointment; and (B) each person so appointed who, immediately before such date of enactment, held a career or career-conditional appoint- ment at grade GS-8 or lower of the General Schedule established by section 5332 of title 5, United States Code, shall be appointed a member of the Foreign Service for the duration of operations under the Peace Corps Act. Each person appointed under this paragraph shall receive basic compensation at the rate of such person's class determined by the President to be appropriate, except that the rate of basic compensa- tion received by such person immediately before the effective date of such person's appointment under this paragraph shall not be reduced as a result of the provisions of this paragraph. (d)(1) Section 4(b) of the Peace Corps Act (22 U.S.C. 2503(b)) is amended by striking out "such agency or officer of the United States Government as he shall direct. The head of any such agency or any such officer" and inserting in lieu thereof "the Director of the Peace Corps. The Director of the Peace Corps".
95 STAT. 1542 PUBLIC LAW 97-113—DEC. 29, 1981 22 u s e 2503 (2) The Director of the Peace Corps shall continue to exercise all the note. 22 u s e 2501 functions under the Peace Corps Act or any other law or authority note. which the Director was performing on December 14,1981. (eXD Section 3 of the Peace Corps Act (22 U.S.C. 2502) is amended by repeaUng subsections (d), (e), and (f) and by redesignating subsec- tion (g) as subsection (d). 22 u s e 2502 (2) The amendment made by paragraph (1) of this subsection shall note. not alter or affect (A) the validity of any action taken before the date of the enactment of this Act under those provisions of law repealed by that amendment, or (B) the liability of any person for any payment described in section 3(f) of the Peace Cori^ Act as in effect immedi- ately before the date of the enactment of this Act. Report to (fXD Not later than the thirtieth day after the date of the enact- congressional ment of this Act, or February 15,1982, whichever occurs later, the committees and Comptroller Director of the Office of Management and Budget, after consultation General. with the Director of the Peace Corps and the D&ector of the ACTION Agency, shall submit to the appropriate committees of the Congress and to the Comptroller General a report on the steps taken to implement the provisions of this title, including descriptions of the dispositions of administrative matters, including matters relating to personnel, assets, liabilities, contracts, property, records, and unex- pended balances or appropriations, authorizations, allocations, and other funds employed, used, held, available, or to be made available ia connection with functions or activities relating to the Peace Corps. (2) Not later than the forty-fifth day sdter the date of the enactment of this Act, or March 1,1982, whichever occurs later, the Comptroller (jeneral shall submit to the appropriate committees of the Congress a report statmg whether, in the judgment of the Comptroller General, determinations made by the Director of the Office of Management and Budget under subsection (cXD of this section were equitable. 22 u s e 2501-1 (g) References in any statute, reorganization plan. Executive note. order, regulation, or other official document or proceeding to the ACTION Agency or the Director of the ACTION Agency with re- spect to functions or activities relating to the Peace Corps shall be deemed to refer to the Peace Corps or the Director of the Peace Corps, respectively. AUTHORIZATION OF APPROPRIATIONS SEC. 602. (a) Section 3(b) of the Peace Corps Act (22 U.S.C. 2502(b)) is amended by s t r i k ^ out "fiscal vear 1981 not to exceed $118,000,000" and inserting in lieu thereof the fiscal year 1982 not to exceed $105,000,000 and for the fiscal year 1983 not to exceed $105,000,000''. (b) Section 3(c) of such Act is amended by striking out "fiscal year 1981" and inserting in lieu thereof "each fiscal year'. INTEGRATION OF DISABLED PEOPLE SEC. 603. Section 3 of the Peace Corps Act (22 U.S.C. 2502) is amended by adding at the end thereof the following new subsection: "(h) In recognition of the fact that there are over 400,000,000 disabled people in the world, 95 percent of whom are among the poorest of the poor, the Peace Corps shall be administered so as to give particular attention to programs, projects, and activities which tend to int^rate disabled people into the national economies of developing countries, thus improving their status and assisting the total development effort.".
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1543 RESTORATION OF CERTAIN AUTHORITIES FORMERLY CONTAINED IN THE FOREIGN SERVICE ACT SEC. 604. (a) Section 10 of the Peace Corps Act (22 U.S.C. 2509) is amended by adding at the end thereof the following new subsections: "(i) The Director of the Peace Corps shall have the same authority as is available to the Secretary of State under section 26(a) of the State Department Basic Authorities Act of 1956. For purposes of this 94 Stat. 2154. subsection, the reference in such section 26(a) to a principal officer of ^^ ^^^ ^^^^• the Foreign Service shall be deemed to be a reference to a Peace Corps representative and the reference in such section to a member of the Foreign Service shall be deemed to be a reference to a person employed, appointed, or assigned under this Act. "0) The provisions of section 30 of the State Department Basic Authorities Act of 1956 shall apply to volunteers and persons 94 Stat. 2155. employed, appointed, or assigned under this Act. For purposes of this 22 use 2702. subsection, references to the Secretary in subsection (b) of such section shall be deemed to be references to the Director of the Peace Corps, references to the Secretary in subsection if) of such section shall be deemed to be references to the President, and the reference in subsection (g) of such section to a principal representative of the United States shall be deemed to be a reference to a Peace Corps representative.". (b) Section 5(h) of such Act is amended by striking out the last two 22 use 2504. sentences. (c) To the extent that the authorities provided by the amendments 22 use 2509 made by subsection (a) are authorities which are not applicable with "°*® respect to the Peace Corps immediately before the enactment of this Act and which require the expenditure of funds, those authorities may not be exercised using any funds appropriated after February 15, 1981, and before the date of the enactment of this Act. MISCELLANEOUS—CONFORMING AMENDMENTS SEC. 605. (a) Section 9 of the Peace Corps Act (22 U.S.C. 2508) is amended by striking out "section 10(aX4)" in the second sentence and inserting in lieu thereof "section 10(aX5)". (b) Section 18 of such Act (22 U.S.C. 2517) is repealed. Repeal. READJUSTMENT ALLOWANCE SEC. 606. The first sentence of section 5(c) of the Peace Corps Act (22 U.S.C. 2504(c)) is amended by striking out "not to exceed $125" and inserting in lieu thereof "not less than $125". TITLE VII-MISCELLANEOUS PROVISIONS ADVANCE ACQUISITION OF PROPERTY SEC. 701. Section 608(a) of the Foreign Assistance Act of 1961 is 22 use 2358. amended— (1) in the first sentence— (A) by inserting ", or (if a substantial savings would occur) other property already owned by an agency of the United States Government," immediately after "excess personal property", and (B) by inserting "or supplementary to" immediately after "in lieu of; and 89-194 0 - 8 2 99:QL3
95 STAT. 1544 PUBLIC LAW 97-113—DEC. 29, 1981 (2) in the second sentence by inserting "any property available from an agency of the United States Government," immediately before "or other property". CONSTRUCTION OP PRODUCTIVE ENTERPRISES IN EGYPT SEC. 702. The first sentence of section 620(k) of the Foreign 22 use 2370. Assistance Act of 1961 is amended by striking out "for fiscal year 1977, fiscal year 1980, or fiscal year 1981". COMPENSATION FOR PARTICIPATING AGENCY EMPLOYEES SEC. 703. The first sentence of section 625(d) of the Foreign 22 use 2385. Assistance Act of 1961 is amended by striking out "together with allowances and benefits under that Act" and inserting in lieu thereof "or under chapter 53 of title 5, United States Code, or at any other rate authorized by law, together with allowances and benefits under 94 Stat. 2071. the Foreign Service Act of 1980". NOTIFICATION OF PROGRAM CHANGES 22 use 2394-1. SEC. 704. Section 634A of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following: "Whenever a proposed reprograming exceeds $1,000,000 and the total amount proposed for obhjgation for a country under this Act in a fiscal year exceeds by more than $5,000,000 the amount specified for that 22 use 2413. country in the report required by section 653(a) of this Act, notifica- tions of such proposed reprogramings shall specify— "(1) the nature and purpose of such proposed obligation, and "(2) to the extent possible at the time of the proposed obliga- tion, the country for which such funds would otherwise have been obligated.". INSPECTOR GENERAL SEC. 705. (a) The Inspector General Act of 1978 is amended— 5 use app. (1) in paragraph (1) of section 2, by inserting "the Agency for International Development," immediately after "Department of Transportation,"; 5 use app. (2) in section 11— (A) in paragraph (1), by inserting "the Agency for Interna- tional Development," immediately after "Administrator of; and (B) in paragraph (2), by inserting "the Agency for Interna- tional Development," immediately after "Transportation or"; and (3) by inserting immediately after section 8 the following new section 8A: "SPECIAL P R O V I S I O N S RELATING TO THE AGENCY FOR INTERNATIONAL DEVELOPMENT ^f.^r|*y "SEC. 8A. (a) In addition to the other duties and responsibilities Tusc app. specified in this Act, the Inspector General of the Agency for International Development— "(1) shall supervise, direct, and control all security activities relating to the programs and operations of that Agency, subject to the supervision of the Administrator of that Agency; and "(2) to the extent requested by the Director of the United States Internationed Development Cooperation Agency (after
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1545 consultation with the Administrator of the Agency for Interna- tional Development), shall supervise, direct, and control all audit, investigative, and security activities relating to programs and operations within the United States International Develop- ment Cooperation Agency. "(b) In addition to the Assistant Inspector Generals provided for in Assistant section 3(d) of this Act, the Inspector General of the Agency for Inspector International Development shall, in accordance with applicable laws GeneralSecurity, for and regulations governing the civil service, appoint an Assistant appointment. Inspector General for Security who shall have the responsibility for 5 u s e app. supervising the performance of security activities relating to pro- grams and operations of the Agency for International Development. "(c) The semiannual reports required to be submitted to the Semiannual Administrator of the Agency for International Development pur- reports. suant to section 5(b) of t h ^ Act shall also be submitted to the Director 5 u s e app. of the United States International Development Cooperation Agency. "(d) In addition to the officers and employees provided for in section 6(a)(6) of this Act, members of the Foreign Service may, at the request 5 u s e app. of the Inspector General of the Agency for International Develop- ment, be assi^ed as emplo^rees of the Inspector General. Members of the Foreign Service so assigned shall bie responsible solely to the Inspector General, and the Inspector General (or his or her designee) shall prepare the performance evaluation reports for such members. "(e) In establishing and staffing field ofQces pursuant to section 6(c) Field offices, of this Act, the Administrator of the Agency for International staffing. Development shall not be bound by overseas personnel ceilings established imder the Monitoring Overseas Du*ect Employment policv. "(f) The reference in section 7(a) of this Act to an employee of the 5 use app. establishment shall, with respect to the Inspector General of the Agency for International Development, be construed to include an employee of or under the United States International Development Cooperation Agency. "fe) The Inspector General of the Agency for International Devel- opment shall be in addition to the officers provided for in section 624(a) of the Foreign Assistance Act of 1961. 22 u s e 2384. "(h) As used in this Act, the term 'Agency for International "Agency for Development' includes any successor agency primarily responsible International for administering part I of the Foreign Assistsmce Act of 1961.". Development.' 22 u s e 2151. (bXD Section 624(g) of the Foreign Assistance Act of 1961 is lT6136d.l6d (2) Section 239(e) of such Act is amended by striking out "Auditor 22 use 2199 General" each of the three places it appears and inserting in lieu thereof "Inspector General". (3) Section 5316 of title 5, United States Code, is amended by striking out "Auditor General of the Agency for International Devel- opment" and inserting in lieu thereof "Inspector General, Agency for International Development". (c) The individual holding the position of Inspector General of the Agency for International Development on the date of enactment of tlus section shall not be required to be reappointed by reason of the enactment of this section. OPERATING EXPENSES SEC. 706. Section 667(a) of the Foreign Assistance Act of 1961 is 22 use 2427. amended— (1) by striking out", for the fiscal year 1981"; and
95 STAT. 1546 PUBLIC LAW 97-113-DEC. 29, 1981 (2) in paragraph (1) by striking out "$293,800,000" and insert- ing in lieu thereof "$335,600,000 for the fiscal year 1982 and $335,600,000 for the fiscal year 1983". TECHNICAL AMENDMENT "Communist SEC. 707. The last sentence of section 620(f) of the Foreign Assist- S^usc 2370 ^^^® ^^* °^ ^^^^ ^ amended to read as follows: "For the purposes of this subsection, the phrase 'Ck)mmunist country* includes specifically, but is not limited to, the following countries: "Czechoslovak Socialist Republic, "Democratic People's Republic of Korea, "Estonia, "German Democratic Republic, "Hungarian People's Republic, "Latvia, "Lithuania, "Mongolian People's Republic, "People's Republic of Albania, "People's Republic of Bulgaria, "People's Republic of China, "Polish People's Republic, "Republic of Cuba, "Socialist Federal Republic of Yugoslavia, ' 'Socialist Republic of Romania, "Socialist Republic of Vietnam, "Tibet, "Union of Soviet Socialist Republics (including its captive constituent republics).". EMERGENCY HUMANITARIAN HELP FOR THE PEOPLE OP POLAND SEC. 708. (a) The people of Poland, with whom the people of the United States have a longstanding friendship, now face serious domestic food shortages which will be worsened by large-scale loss of their livestock this winter if feed supplies do not arrive quickly. Therefore, the President is urged, for urgent humanitarian reasons, to use existing authorities promptly in order to provide to the people of Poland, under as favorable terms as possible, feed grains from Commodity Credit Corporation stocks or other appropriate commodities. (b) For the longer term, the President is encouraged to pursue discussions with other Western countries about a multilateral effort to help the people of Poland achieve self-sustaining economic recov- ery in the years ahead. (c) Chapter 4 of part II of the Foreign Assistance Act of 1961, as amended by section 202 of this Act, is further amended by adding at the end thereof the following new section: 22 use 2346i. "SEC. 540. POLAND.—Notwithstanding any other provision of law, $5,000,000 of the amount authorized to be appropriated to carry out this chapter for the fiscal year 1982 shall be available only for Poland for the purchase, transportation, and distribution of food and medical supplies through private and voluntary agencies where appropriate.". USE OF C E R T A I N POLISH CURRENCIES SEC. 709. (a) Notwithstanding section 1415 of the Simplemental 31 use 724. Appropriation Act, 1953, section 508 of the General Grbvemment Matters, Department of Commerce, and Related Agencies Appropri-
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1547 ation Act, 1962, or any other provision of law, the currencies or '^^ Stat. 283. credits received by the United States from the April 1981 sale and from the October 1981 sale of United States Government-held surplus dairy products to Poland shall, to such extent as may be provided in advance in an appropriation Act, be used by the President in Poland to serve United States interests, including use for activities of common benefit to the people of the United States and the people of Poland, such as joint programs in energy, agriculture, education, science, health, and culture, or for humanitarian activities. (b) Notwithstanding any other provision of law, the availability or expenditure of such foreign currencies or credits shall not affect or reduce appropriations otherwise available for the purposes described in subsection (a). FINDINGS REGARDING GLOBAL SECURITY SEC. 710. (a) The Congress finds that the security of the United States and other countries is increasingly affected by a broad range of global problems including shortages or potential shortages of food, oil, water, wood, and other basic mineral and natural resources; desperate poverty; sickness; population pressures; environmental deterioration, including soil erosion and water pollution; and large- scale and destabilizing refugee problems. (b) The Congress finds that hunger, disease, and extreme poverty are among the most critical of these global problems. As ever greater numbers of people perceive the disparity between their own con- tinuing deprivation and the prosperity of others, and judge their predicament to be neither just nor inevitable, it becomes increasingly likely that there will be unrest and violence with consequent disrup- tion of the flow of essential materials, adverse effects on the world economy, decreased likelihood of cooperative efforts toward meeting the other critical problems threatening national and global security, and increased likelihood of confrontation between nations which possess nuclear arms. (c) Therefore, the Congress finds that the Nation's understanding of global and national security must be broad enough to include the problems cited in this section, and that adequate protection of the security of the United States requires effective action on these global problems, and in particular on the problems of hunger, disease, and extreme poverty. WORLD FOOD SECURITY RESERVES SEC. 711. (a) The Congress finds that— (1) the Congress recently passed and the President signed into law an Act which provides for establishment of a United States food security reserve of up to four million metric tons of wheat to be used for emergency food assistance; (2) the food import needs of developing countries will increase over the next ten years; and (3) other grain exporting countries could take additional steps to assure continuity of food assistance during food crisis years. (b) The President shall encourage other grain exporting countries to establish their own food security reserves or take other measures that complement the United States food security reserve. (c) The President shall report to the Speaker of the House of Report to Representatives and the Committee on Foreign Relations of the Congress.
95 STAT. 1548 PUBLIC LAW 97-113—DEC. 29, 1981 Senate within one year after the enactment of this Act on the actions he has taken and the response of other countries to these proposals. FINDINGS AND DECLARATION OF POUCY REGARDING WORLD HUNGER SEC. 712. The Congress, affirming the value of human life, finds and declares that the elimination of hunger and its causes is of fundamen- tal moral significance and, further, that it is in the political, economic, and security interests of the United States. Therefore, the Congress declares that the elimination of hunger and its causes shall be a primary objective of United States relations with the developing countries. REAFFIRMATION OF SUPPORT FOR HUMAN RIGHTS PROVISIONS SEC. 713. (a) The Congress reaffirms its support for the various statutory provisions which have been enacted in order to promote internationally recognized human rights. (b) It is the sense of the Congress that a strong commitment to the defense of human rights should continue to be a central feature of United States foreign policy. IMMIGRANT VISAS FOR TAIWAN 8 use 1152 note. SEC. 714. The approval referred to in the first sentence of section 8 use 1152. 202(b) of the Immigration and Nationality Act shall be considered to have been granted with respect to Taiwan (China). LEBANON SEC. 715. It is the sense of the Congress that the Government of the United States should continue to support diplomatic efforts to resolve the current crisis in Lebanon, and to pursue a comprehensive and coordinated policy in Lebanon guided by the following principles: (1) maintenance of an effective cease-fire throughout Lebanon; (2) resolution of the issue of the Syrian missiles deployed in Lebanon; (3) freedom, security, and opportunity for the Christian and all other Lebanese communities, including the Moslem, Druze, Armenian, and Jewish communities in Lebanon; (4) reaffirmation of the historic United States-Lebanon rela- tionship and strengthening the longstanding commitment of the United States to the independence, sovereignty, and territorial integrity of Lebanon, without partition, free from terrorism and violence, and free to determine its future without Soviet or other outside interference; (5) generous international support for relief, rehabilitation, and humanitarian assistance for Lebanon, particularly for those Lebanese citizens who have suffered from the terrorism and violence of recent events; (6) restoration of Lebanon's sovereignty free from outside domination or occupation; and (7) support for a free and open national election. USE OF C H E M I C A L AND TOXIN WEAPONS SEC. 716. (a) The Congress condemns the use of, and the provision for use of, chemical agents and toxin weapons against the peoples of Laos, Kampuchea, or Afghanistan.
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1549 (b) It is the sense of the Congress that the President should, acting through the Permanent Representative of the United States to the United Nations and all other appropriate diplomatic agents, seek definite measures to bring to an end actions by any party or government in using, and providing for use, chemicsd agents or toxin weapons against the peoples of Laos, Kampuchea, and Afghanistan, in violation of the spirit and the provisions of— (1) the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (done at Washington, London, and Moscow on April 10,1972); 26 UST 583. (2) the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (signed at Geneva on June 17, 1925); and 26 UST 571. (3) customary international law. (c) It is further the sense of Confess that the President should— (1) allocate the highest possible priority to the development of further evidence clarifying the nature and origins of the chem- ical agents and toxin weapons being used against the peoples of Laos, Kampuchea, and Afghanistan; and (2) vigorously seek a satisfactory explanation from the Govern- ment of the Soviet Union regarding the strong circumstantial and presumptive evidence of its role in the use, or provision for use, of such weapons. (d) The (IJongress reiterates the concern expressed in House Resolu- tion 644 (96th Congress), adopted by the House of Representatives on May 19, 1980, regarding the outbreak of pulmonary anthrax near Sverdlosk on Apr^ 3,1979, and expresses its disappointment that the Soviet Union has failed adequately to respond to requests for data explaining this incident as provided in the Convention on the Prohibi- tion of the Development, Production and Stockpiling of Bacteriolog- ical (Biological) and Toxin Weapons and on Their Destruction. (e) It is mrther the sense of Congress that the negotiation of a treaty prohibiting the development, production, and stockpiling of chemical weapons, with reliable verification provisions, should be given a high priority by the United Stetes Government and by all foreign governments. FINANCIAL OBLIGATIONS OF THE SOVIET UNION TO THE UNITED NATIONS SEC. 717. (a) The Congress finds and declares that— (1) the financing of the United Nations is the collective respon- sibility of all member nations; (2) the International Court of Justice has determined that the expenses of the United Nations incurred in its peacekeeping operations are properly included as a part of the regular expenses of the United Nations; (3) peacekeeping operations are vital to the mission of the United Nations and must be adequately financed if such oper- ations are to continue; and (4) the Government of the Union of Soviet Socialist Republics is currently $180,000,000 in arrears on its pajnnents to the United Nations, primarily as a result of its refusal to pay for the peacekeeping operations of the United Nations. (b) It is the sense of the Congress that the President, acting through the Permanent Representative of the United States to the United Nations, should undertake a diplomatic initiative to obtain payment
95 STAT. 1550 PUBLIC LAW 97-113—DEC. 29, 1981 by the Grovernment of the Union of Soviet Socialist Republics of all its outstanding financial obligations to the United Nations, including its assessments with repect to the peacekeeping operations of the United Nations. CONDEMNATION OP UBYA FOR ITS SUPPORT OF INTERNATIONAL TERRORIST MOVEMENTS SEC. 718. (a) The Congress condemns the Libyan Government for its support of international terrorist movements, its efforts to obstruct positive movement toward the peaceful resolution of problems in the Middle East region, and its actions to destabilize and control govern- ments of neighboring states in Africa. Report to (b) The Congress believes that the President should conduct an Congress. immediate review of concrete steps the United States could take, individually and in concert with its allies, to bring economic and political pressure on Libya to cease such activities, and should submit a report on that review to the Congress within one hundred and eighty days after the date of enactment of this Act. Such a review should include the possibility of tariffs on or prohibitions against the import of crude oil from Libya. UNITED STATES CITIZENS ACTING IN THE SERVICE OF INTERNATIONAL TERRORISM SEC. 719. (a) It is the sense of the Congress that the spread of international terrorism poses a grave and growing danger for world peace and for the national security of the United States. As a part of its vigorous opposition to the activities of international terrorist leaders and the increase of international terrorism, the United States should take all steps necessary to ensure that no United States citizen is acting in the service of terrorism or of the proponents of terrorism. Report to (b) Not later than six months after the enactment of this Act, the Congress. President shall submit to the Speaker of the House of Representa- tives and the chairman of the Committee on Foreign Relations of the Senate a report which includes— (1) a description of all legislation, currently in force, and of all administrative remedies, presently available, which can be employed to prevent the involvement, service, or participation by United States citizens in activities in support of international terrorism or terrorist leaders; (2) an assessment of the adequacy of such legislation and remedies, and of the enforcement resources available to carry out such measures, to prevent the involvement, service, or participa- tion by United States citizens in activities in support of interna- tional terrorism or terrorist leaders; and (3) a description of available legislative and administrative alternatives, together with an assessment of their potential impact and effectiveness, which could be enacted or employed to put an end to the participation by United States citizens in activities in support of international terrorism or terrorist leaders. NONALIGNED COUNTRIES SEC. 720. (a) In considering whether to provide assistance, make sales, extend credits, or guarantee loans under the provisions of the 22 u s e 2151 Foreign Assistance Act of 1961, as amended, or the Arms Export note. Control Act, to any country represented at the Meeting of the 22 u s e 2751 note.
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1551 Ministers of Foreign Affairs and Heads of Delegations of the Non- Aligned Countries to the 36th General Session of the General Assem- bly of the United Nations on September 25 and 28, 1981, the President shall take into account whether such country has dissoci- ated itself from the communique issued following the meeting, (b) Within thirty days after the date of enactment of this section, Report to the President shall submit a report to the Speaker of the House of Congress. Representatives and the Committee on Foreign Relations of the Senate on the countries which have dissociated themselves from the nonaligned countries communique and on their methods of dissociation. PROMOTING THE DEVELOPMENT OF THE HAITIAN PEOPLE AND PROVIDING FOR ORDERLY EMIGRATION FROM HAITI SEC. 721. (aXD It is the sense of the Congress that up to $15,000,000 22 u s e 2151 of the funds available for the fiscal year 1982 to carry out chapter 1 of note. part I of the Foreign Assistance Act of 1961 should be made available 22 u s e 2151. for development assistance for Haiti, subject to the limitation in subsection (b) of this section. (2) To the maximum extent practicable, assistance for Haiti for the fiscal year 1982 under chapter 1 of part I of the Foreign Assistance Act of 1961 should be provided through private and voluntary organizations. (b) Funds available for the fiscal year 1982 to carry out chapter 1 of part I or chapter 2 or chapter 5 of part II of the Foreign Assistance Act of 1961 may be expended for Haiti, and credits and guarantees 22 u s e 2151, extended for the fiscal year 1982 under the Arms Export Control Act 2311, 2347. 22 u s e 2751 may be approved for use for Haiti, only if the President determines note. that the Government of Haiti— (1) is cooperating with the United States in halting illegal emigration from Haiti; (2) is not aiding, abetting, or otherwise supporting illegal emigration from Haiti; (3) has provided assurances that it will cooperate fully in implementing United States development assistance programs in Haiti (including programs for prior fiscal years); and (4) is not engaged in a consistent pattern of gross violations of internationally recognized human rights. (c) Six months after the date of enactment of this Act, the President Report to shall prepare and transmit to the Congress a report on the extent to Congress. which the actions of the Government of Haiti are consistent with paragraphs (1), (2), (3), and (4) of subsection (b) of this section. (d) Notwithstanding the limitations of section 660 of the Foreign Assistance Act of 1961, funds made available under such Act for the 22 u s e 2420. fiscal year 1982 and for the fiscal year 1983 may be used for programs with Haiti to assist in halting significant illegal emigration from Haiti to the United States. COMPREHENSIVE ANALYSIS OF FOREIGN ASSISTANCE SEC. 722. (a) It is the sense of Congress that at a time when major Reports to retrenchments and reappraisals are being made in domestic pro- Congress. grams, it is also logical that, while maintaining past international commitments, the magnitude and direction of future foreign assist- ance programs should also be reviewed. As part of such a review process, the President is requested to provide a comprehensive report to the Congress on his approach to foreign assistance. Such report
95 STAT. 1552 PUBLIC LAW 97-113—DEC. 29, 1981 shall include an analysis and recommendations on the following issues: (1) the relationship between foreign assistance and defense expenditures as means of conducting foreign policy; (2) the appropriate mix between military and economic assistance; (3) the strengths and weaknesses, and appropriate mix, of bilateral and multilateral assistance programs; (4) the relevance of the basic human needs approach to current aid policy; (5) the performance of other aid donors, and the benefits they derive from their programs; (6) criteria for determining the appropriate size and composi- tion of country programs; (7) the appropriateness of the current mix of grants and loans, and the possibility of combining them with new or existing guarantee, insurance, and export credit programs; (8) specific means to more actively engage the private sector in assistance programs; and (9) the usefulness of current functional categories in construct- ing the development assistance budget. (b) The Congress requests that the President provide to the Con- gress a preliminary report by March 31, 1982, and a final report by June 30,1982, with respect to the issues referred to in subsection (a). EXTERNAL DEBT BURDENS OF EGYPT, ISRAEL, AND TURKEY Reports to SEC. 723. The Congress finds that the Governments of Egypt, Israel, Congress. g^j^^j Turkey each have an enormous external debt burden which may be made more difficult by virtue of financing provided for those governments under various United States assistance programs. In order to assist the Congress in examining United States assistance for these countries, the President shall report to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate, not later than one hundred and twenty days after the date of enactment of this Act and not later than one year after the date of enactment of this Act, regarding economic conditions prevailing in Egypt, Israel, and Turkey which may affect their respective ability to meet their international debt obligations and to stabilize their economies. These reports shall also analyze the impact on Egypt's economy of Arab sanctions against Egypt. NICARAGUA SEC. 724. (a) In furnishing assistance under this Act to the Govern- ment of Nicaragua, the President shall take into account the extent to which that Government has engaged in violations of internation- ally recognized human rights (including the right to organize and operate labor unions free from political oppression, the right to freedom of the press, and the right to freedom of religion) and shall MX; encourage the Government of Nicarsigua to respect those rights, (b) In furnishing assistance under this Act to the Government of Nicaragua, the President shall take into account the extent to which that Government has fulfilled its pledge of July 1979 to the member states of the Organization of American States— (1) to establish full respect for human rights in Nicaragua in accordance with the United Nations Universal Declaration of the
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1553 Rights and Duties of Man and the Charter on Human Rights of the Organization of American States; (2) to allow the free movement in Nicaragua of the Inter- American Commission on Human Rights; and (3) to establish the framework for free and democratic elections so that the people of Nicaragua may elect their representatives to city councils, to constitutional assembly, and to Nicaragua's highest-ranking authorities, with such framework to include, but not be limited to, the full and complete opportunity for political activity of the Nicaraguan people. (c) Assistance to the Government of Nicaragua under this Act shall Assistance, termination. be terminated if the President determines and reports to the Con- gress that the Government of Nicaragua cooperates with or harbors any international terrorist organization or is aiding, abetting, or supporting acts of violence or terrorism in other countries, or that Soviet, Cuban, or other foreign combat military forces are stationed or situated within the borders of Nicaragua and the presence of such forces constitutes a threat to the national security of the United States or to any Latin American ally of the United States. (d) Any agreement between the united States and the Government Loans. of Nicaragua regarding the use of funds appropriated to carry out this Act, which are to be made available in the form of loans, shall specifically require that to the maximum extent possible such loan funds, and any local currency generated in conjunction therewith, shall be used for assistance to the private sector. Local currency loan programs in Nicaragua shall be monitored and audited in accordance with section 624(g) of the Foreign Assistance Act of 1961. 22 u s e 2384. (e) For each six-month period in which any funds are expended Reports to Congress. under this Act for Nicaragua, the President shall submit to the Speaker of the House of Representatives, and the chairman of the Committee on Foreign Relations of the Senate, a report accounting fully and in itemized detail for the amounts obligated and actually expended in Nicaragua. ASSISTANCE AND SALES FOR ARGENTINA SEC. 725. (a) Section 620B of the Foreign Assistance Act of 1961 is Repeal. repealed. 22 u s e 2372. Ob) Notwithstanding any other provision of law, assistance may be Report to provided to Argentina under chapter 2, 4, 5, or 6 of part II of the Congress. 22 u s e 2370 Foreign Assistance Act of 1961, credits (including participations in note. credits) may be extended and loans may be guaranteed with respect 22 u s e 2311, to Argentina under the Arms Export Control Act, defense articles 2346, 2347, 2348. and defense services may be sold to Argentina under the Arms 22 u s e 2751 Export Control Act, and export licenses may be issued to or for the note. Government of Argentina under section 38 of the Arms Export Control Act, only if the President has submitted to the Speaker of the 22 u s e 2778. House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a detailed report certifying that— (1) the Government of Argentina hsis made significant progress in complying with internationally recognized principles of human rights; and (2) the provision of such assistance, credits, loan guarantees, defense articles, defense services, or export licenses is in the national interests of the United States. (c) The Congress welcomes the actions of the Government of Argentina to adjudicate numerous cases of those detained under the national executive power of the Argentine Government, and the
95 STAT. 1554 PUBLIC LAW 97-113—DEC. 29, 1981 Congress hopes that progress will continue, especially with regard to providing information on citizens listed as "disappeared" and prison- ers remaining a t the disposition of the national executive power. In the process of making the determination required in paragraph (1) of subsection Ot>), among other things, the President shall consider— (1) efforts by the Government of Argentina to provide informa- tion on citizens identified as "disappeared"; £md (2) efforts by the Government of Argentina to release or bring to justice those prisoners held at the disposition of the national executive power (PEN). REPEAL OF LIMITATIONS ON ASSISTANCE, SALES, AND SALES CREDITS FOR CHILE Report to SEC. 726. (a) Section 406 of the International Security Assistance Congress. and Arms Export Control Act of 1976 (22 U.S.C. 2370 note) is repealed, 22 u s e 2370 (b) Notwithstanding any other provision of law— note. (1) no assistance may be furnished under chapter 2, 4, 5, or 6 of 22 u s e 2311, part n of the Foreign Assistance Act of 1961 to Chile; 2346-2348. (2) no sale of defense articles or services may be made under 22 u s e 2751 the Arms Export Control Act to Chile; note. (3) no credits (including participation in credits) may be extended and no loan may be guaranteed under the Arms Export Control Act with respect to Chile; and (4) no export licenses may be issued under section 38 of the 22 u s e 2778. Arms Export Control Act to or for the Government of Chile; unless and until the President submits to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a detailed report certifying— (A) that the Government of Chile has made significant prog- ress in complying with internationally recognized principles of human rights; (B) that the provision of such assistance, articles or services is in the national interest of the United States; and (C) that the Government of CJhile is not aiding or abetting international terrorism and has taken appropriate steps to cooperate to bring to justice by all legal means available in the United States or Chile those indicted by a United States grand jury in connection with the murders of Orlando Letelier and Ronni Moffitt. ASSISTANCE FOR EL SALVADOR SEC. 727. (a) It is the sense of the Congress that assistance furnished to the Government of El Salvador, both economic and military, should be used to encourage— (1) full observance of internationally recognized human rights in accordance with sections 116 and 502B of the Foreign Assist- 22 u s e 2151n, ance Act of 1961; 2304. (2) full respect for all other fundamental human rights, includ- ing the right of freedom of speech and of the press, the right to organize and operate free labor unions, and the right to freedom of religion; (3) continued progress in implementing essential economic and political reforms, including land reform and support for the private sector; (4) a complete and timely investigation of the deaths of all United States citizens killed in El Salvador since October 1979;
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1555 (5) an end to extremist violence and the establishment of a unified command and control of all government security forces in this effort; (6) free, fair, and open elections at the earliest date; and (7) increased professional capability of the Salvadoran Armed Forces in order to establish a peaceful and secure environment in which economic development and reform and the democratic processes can be fully implemented, thereby permitting a phased withdrawal of United States military training and advisory personnel at the earliest possible date, (b) It is the sense of the Congress that the United States economic assistance to El Salvador should put emphasis on revitalizing the private sector and supporting the free market system. The Congress recognizes that the lack of foreign exchange to buy imported raw materials and intermediate goods is a major impediment to the ability of the Salvadoran economy to provide jobs. The Congress also recognizes that the funds budgeted for economic assistance are only a fraction of the foreign exchange needed, and United States economic aid should be used, wherever possible, to stimulate private sector lending. Therefore, the Congress urges the President to set aside a portion of the economic support funds to provide guarantees to private United States banks willing to give credits to the Salvadoran private sector. RESTRICTIONS ON MIUTARY ASSISTANCE AND SALES TO EL SALVADOR SEC. 728. (aXD The Congress finds that peaceful and democratic 22 use 2370 development in Central America is in the interest of the United "°*® States and of the community of American States generally, that the recent civil strife in El Salvador has caused great human suffering and disruption to the economy of that country, and that substantial assistance to El Salvador is necessary to help alleviate that suffering and to promote economic recovery within a peaceful and democratic process. Moreover, the Congress recognizes that the efforts of the Government of El Salvador to achieve these goals are affected by the activities offerees beyond its control. (2) Taking note of the substantial progress made by the Govern- ment of El Salvador in land and banking reforms, the Congress declares it should be the policy of the United States to encourage and support the Government of El Salvador in the implementation of these reforms. (3) The United States also welcomes the continuing efforts of President DUarte and his supporters in the Government of El Salvador to establish greater control over the activities of members of the armed forces and government security forces. The Congress finds that it is in the interest of the United States to cooperate with the Duarte government in putting an end to violence in El Salvador by extremist elements among both the insurgents and the security forces, and in establishing a unified command and control of all government forces. (4) The United States supports the holding of free, fair, and open elections in El Salvador at the earliest date. The Congress notes the progress being made by the Duarte government in this area, as evidenced by the appointment of an electoral commission. (b) In fiscal year 1982 and 1983, funds may be obligated for Presidential assistance for El Salvador under chapter 2 or 5 of part II of the co^n^^ess^°" *° Foreign Assistance Act of 1961, letters of offer may be issued and 22 iJScf 2311, credits and guarantees may be extended for El Salvador under the 2347.
95 STAT. 1556 PUBLIC LAW 97-113—DEC. 29, 1981 22 use 2751 Arms Export Control Act, and members of the Armed Forces may be ^°^- assigned or detailed to El Salvador to carry out functions under the 22 use 2151 Foreign Assistance Act of 1961 or the Arms Export Control Act, only note, 2751 note, jf JJQ^ later than thirty days after the date of enactment of this Act and every one hundred and eighty days thereafter, the President makes a certification in accordance with subsection (d). (c) If the President does not make such such a certification at any of the specified times then the President shall immediately— (1) suspend all expenditures of fundz and other deliveries of assistance for El Salvador which were obligated under chapters 2 22 use 2311, and 5 of part II of the Foreign Assistance Act of 1961 after the ^^^' date of enactment of this Act; (2) withhold all approvals for use of credits and guarantees for El Salvador which were extended under the Arms Export Con- trol Act after the date of enactment of this Act; (3) suspend all deliveries of defense articles, defense services, and design and construction services to El Salvador which were sold under the Arms Export Control Act after the date of enactment of this Act; and (4) order the prompt withdrawal from El Salvador of all members of the Armed Forces performing defense services, conducting international military education and training activi- ties, or performing management functions under section 515 of 22 use 23211. the Foreign Assistance Act of 1961. Any suspension of assistance pursuant to paragraphs (1) through (4) of this subsection shall remain in effect during fiscal year 1982 and during fiscal year 1983 until such time as the President makes a certification in accordance with subsection (d). (d) The certification required by subsection (b) is a certification by the President to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate of a determination that the Government of El Salvador— (1) is making a concerted and significant effort to comply with internationally recognized human rights; (2) is achieving substantial control over all elements of its own armed forces, so as to bring to an end the indiscriminate torture and murder of Salvadoran citizens by these forces: (3) is making continued progress in implementing essential economic and political reforms, including the land reform program; (4) is committed to the holding of free elections at an early date and to that end has demonstrated its good faith efforts to begin discussions with all major political factions in El Salvador which have declared their willingness to find and implement an equita- ble political solution to the conflict, with such solution to involve a commitment to— (A) a renouncement of further military or paramilitary activity; and (B) tne electoral process with internationally recognized observers. Each such certification shall discuss fully and completely the justifi- cation for making each of the determinations required by paragraphs (1) through (4). (e) On making the first certification under subsection (b) of this section, the President shall also certify to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate that he has determined that the Government of El Salvador has made good faith efforts both to investigate the
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1557 murders of the six United States citizens in El Salvador in December 1980 and January 1981 and to bring to justice those responsible for those murders. REPORTING REQUIREMENT RELATING TO EL SALVADOR SEC. 729. (a) Not later than ninety days after the date of enactment Report to of this section, the President shall prepare and transmit to the Congress. Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a report setting forth— (1) the viewpoints of all major parties to the conflict in El Salvador and of the influential actors in the Salvadoran political system regarding the potential for and interest in negotiations, elections, and a settlement of the conflict; and (2) the views of democratic Latin American nations, Canada, the Organization of American States, and European allies of the United States regarding a negotiated settlement to such conflict. (b) It is the sense of the Congress that the President shall, as soon as Special envoy, possible, send a special envoy or use other appropriate means to consultation on El Salvador. consult with and gather information from appropriate representa- tives of the parties to the Salvadoran conflict, democratic govern- ments of Latin America, Canada, and European allies of the United States regarding the attainment of a negotiated settlement in El Salvador. RESTRICTIONS ON AID TO EL SALVADOR SEC. 730. None of the funds authorized to be appropriated by this Act may be made available for the provision of assistance to El Salvador for the purpose of planning for compensation, or for the purpose of compensation, for the confiscation, nationalization, acqui- sition, or expropriation of any agricultural or banking enterprise, or of the properties or stock shares which may be pertaining thereto. EL SALVADORAN REFUGEES SEC. 731. It is the sense of the Congress that the administration 8 use 1157 note. should continue to review, on a case-by-case basis, petitions for extended voluntary departure made by citizens of El Salvador who claim that they are subject to persecution in their homeland, and should take full account of the civil strife in El Salvador in making decisions on such petitions. CONSOLIDATED REPORTS: ARMS EXPORT CONTROL ACT SEC. 732. Section 25 of the Arms Export Control Act is amended to 22 u s e 2765. read as follows: "SEC. 25. ANNUAL ESTIMATE AND JUSTIFICATION FOR SALES PRO- Report to Congress. GRAM.—(a) No later than February 1 of each year, the President shall transmit to the Congress, as a part of the annual presentation materials for security assistance programs proposed for the next fiscal year, a report which sets forth— "(1) an arms sales proposal covering all sales and licensed commercial exports under this Act of major weapons or weapons- related defense equipment for $7,000,000 or more, or of any other weapons or weapons-related defense equipment for $25,000,000 or more, which are considered eligible for approval during the current calendar year, together with an indication of which sales and licensed commercial exports are deemed most likely actually
95 STAT. 1558 PUBLIC LAW 97-113—DEC. 29, 1981 to result in the issuance of a letter of offer or of an export license during such year; "(2) an estimate of the total amount of sales and licensed commercial exports expected to be made to each foreign nation from the United States; ''(3) the United States national security considerations involved in expected sales or licensed commercial exports to each country, an analjrsis of the relationship between anticipated sales to each country and arms control efforts concerning such country and an analysis of the impact of such anticipated sales on the stability of the region that includes such country; "(4) an estimate with regard to the international volume of arms trafiRc to and from nations purchasing arms as set forth in paragraphs (1) and (2) of this subsection, together with best estimates of the sale and delivery of weapons and weapons- related defense equipment by all major arms suppliers to all m£nor recipient countries during the preceding fiscal year; (5) an estimate of the aggregate dollar value and quantity of defense articles and defense services, military education and training, grant militant assistance, and credits and guarantees, to be furnished by the United States to each foreign country and international organization in the next fiscal year; "(6) £in analysis and description of the services performed during the preceding fiscal year by officers and employees of the United States Government carrying out functions on a full-time basis under this Act for which reimbursement is provided under 22 use 2792, section 43(b) or section 21(a) of this Act, including the number of ^""^- personnel involved in performing such services; 22 use 2764. "(7) the total amount of funds in the reserve under section 24(c) at the end of the fiscal year immediately preceding the fiscal year in which a report under this section is made, together with an assessment of the adequacy of such total amount of funds as a reserve for the payment of claims under guarantees issued pursuant to section 24 in view of the current debt servicing capacity of borrowing countries, as reported to the Congress pursuant to section 634(aX5) of the Foreign Assistance Act of 22 use 2394. 1961; "(8) a list of all countries with respect to which findings made 22 use 2753. by the President pursuant to section 3(aXl) of this Act are in effect on the date of such transmission; "(9) the progress made under the program of the Republic of Korea to modernize its armed forces, the role of the United States in mutual security efforts in the Republic of Korea and the military balance between the People's Republic of Korea and the Republic of Korea; (10) the amount and nature of Soviet military assistance to the armed forces of Cuba during the preceding fiscal year and the military capabilities of those armed forces; "(11) the status of each loan and each contract of guaranty or insurance theretofore made under the Foreign Assistance Act of 22 use 2151 1961, predecessor Acts, or any Act authorizing international ^°^- security assistance, with respect to which there remains out- standing any unpaid obligation or potential liability; the status of each extension of credit for the procurement of defense articles or defense services, and of each contract of guaranty in connec- tion with any such procurement, theretofore made under the 22 use 2751 Arms Export Control Act with respect to which there remains "°*®* outstanding any unpaid obligation or potential liability; and
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1559 "(12) such other information as the President may deem necessary. "(b) Not later than thirty days following the receipt of a request Submittal of made by the Committee on Foreign Relations of the Senate or the information to Congress. Committee on Foreign Affairs of the House of Representatives for additional information with respect to any information submitted pursuant to subsection (a), the President shall submit such informa- tion to such committee. "(c) The President shall make every effort to submit all of the information required by subsection (a) or (b) wholly in unclassified form. Whenever the President submits any such information in classified form, he shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary, in unclassified form, of such classified information.". CONSOLIDATED REPORTS: FOREIGN ASSISTANCE ACT OF 1961 SEC. 733. Section 634(a) of the Foreign Assistance Act of 1961 is Reports to amended— Congress. (1) by amending the first sentence to read as follows: "In order 22 u s e 2394. that the Congress and the American people may be better and more currently informed regarding American foreign policy and the effectiveness of assistance provided by the United States Government to other countries and to international organiza- tions, the CJhairman of the Development Coordination 0)mmit- tee shall prepare and transmit to the Congress, no later than February 1 of each year, as a part of the annual presentation materials for foreign assistance, a report as described in this subsection. This report shall include— ; (2) in paragraph (IXB), by striking out "the progressive devel- oping countries are making toward achieving those objectives which are indicative of improved well-being of the poor majority, which objectives shall include but not be limited to ; (3) in paragraph (2)— (A) by striking out "and" at the end of subparagraph (D); (B) by adding "and" at the end of subparagraph (E); and (C) by adding at the end thereof the following: "(F) of any contract in excess of $100,000 administered by the Agency for International Dievelopment which was entered into in the precedingfiscalyear without competitive selection procedures, and the reasons for doing so;"; (4) by amending paragraph (4) to read as follows: "(4) the status of each sale of agricultural commodities on credit terms theretofore made under the Agricultural Trade Development and Assistance Act of 1954 with respect to which ^ use I69i note. there remains outstanding any unpaid obligation; and the status of each transaction with respect to which a loan, contract or guarantee of insurance, or extension of credit (or participation therein) was theretofore made under the Export-Import Bank Act of 1945 with respect to which there remains outstanding any 12 use 635 note. unpaid obligation or potential liability; except that such report shall include individually only any loan, contract, sale, extension of credit, or other transactions listed in this paragraph which is in excess of $1,000,000;"; (5) In paragraph (7), by striking out "and" after the semicolon; and (6) by striking out paragraph (8) and inserting in lieu thereof the following new paragraphs: 89-194 0—82 100:QL3
95 STAT. 1560 PUBLIC LAW 97-113—DEC. 29, 1981 "(8) the amount of all foreign currencies acquired without payment of dollars on hand of each foreign country as of September 30 of the preceding fiscal year; "(9) the Development Coordination Committee's operations 22 u s e 2399c. pursuant to section 640B(f) of this Act; "(10) the aggregate dollar value and quantity of grant military assistance, military education and training, and any other defense articles and services furnished under this Act by the United States to each foreign country and international organi- zation for the preceding fiscal year; "(11) information concerning the activities of the Minority Resource Center during the preceding fiscal year; and "(12) other information appropriate to the conduct of the foreign assistance program of the United States Government.". REPEALS SEC. 734. (a) The following provisions of the following Acts are repealed: 22 u s e 2151w, (1) The Foreign Assistance Act of 1961: Sections 125(b), 301(b), 2221, 2222, 2261, 301(eX3), 302(aX3), 451(b), 481(c)(2), 495D(e), 495H(c)(2), 513, 2291, 2292J, 2292n, 2321f, 601(eX2), 613(c), 620(b), 620(i), 620(m), 640B(g), 657, 659, and 668, 2351, 2363, 2370, and the second sentence of section 542. 2399c, 2417, (2) The International Security and Development Cooperation 2419, 2428, 2347. Act of 1980: Sections 108, 313(b), 603, 713, 714, 720, and 721. 22 u s e 2370 note. (3) The International Development Cooperation Act of 1979: 94 Stat. 3137, Sections 124,504(b), 506,50703), 508(b), and 509(c). 3148, 3156, (4) The Special International Security Assistance Act of 1979: 3160-3163. Sections 4(eX2), 7(b), 8(c), and 9. 93 Stat. 367; 22 u s e 2151n note, (5) The International Development and Food Assistance Act of 2151 note, 3201 1978: Sections 117(bX2), 122(b), 201,303, and 603(aXl). note, 2151y note, (6) The International Development and Food Assistance Act of 2151 note. 1977: Sections 132(a), 133(cX6), and 214. 22 u s e 3402, 3405-3407. (7) Section 213 of the International Development and Food 22 u s e 2222 Assistance Act of 1975 note, 2151u note, (8) The Foreign Assistance Act of 1974: Sections 3,25,26,27,43, 7 u s e 1711 note, 49,50(c) and 51(c). 22 u s e 2151 note, 2395a. (9) The Foreign Assistance Act of 1973: Sections 36(e), 37, and 22 u s e 2151 38. note, 7 u s e 1708 (10) The Arms Export Control Act: Section 43(c), and the fifth note. paragraph of section 1. 7 u s e 1691a note. (11) llie International Security Assistance Act of 1979: Sec- 22 u s e 2175a, tions 60t)), 20(a), 25, and 28. 2370 note, 2406 (12) The International Security Assistance Act of 1978: Sec- note, 2166 note, tions 150b), 23(d), 23(eX2), 24(c), 25, and 27. 2551 note. 22 u s e 1942 (13) liie International Security Assistance Act of 1977: Sec- note, 2151 note. tions 14,22,24(c), 25, and 28(aX2). 22 u s e 2792, (14) Section 507 of the International Security Assistance and 2751. Arms Export Control Act of 1976. 22 u s e 2321h note, 2776 note, (15) Section 7 of the Act entitled "An Act to amend the Foreign 2151 note. Military Sales Act, and for other purposes", approved January 22 u s e 2751 note, 12,1971 (22 U.S.C. 2410a). 2428b, 2151 note, (b) Section 620(sXl) of the Foreign Assistance Act of 1961 is 287c note. 22 u s e 2406 amended— note, 2370, 2751 (1) in subparagraph (A) by inserting "and" after the semicolon; note, 2370 note. (2) in subparagraph (B)— 22 u s e 2151 note. (A) by inserting "or other" after "foreign exchange", and 22 u s e 2370.
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1561 (B) by striking out "; and" and inserting in lieu thereof a period; and (3) by repealing subparagraph (C). (c) Except as otherwise explicitly provided by their terms, amend- ments to the Foreign Assistance Act of 1961 and the Arms Export 22 u s e 2151 Control Act which are applicable only to a single fiscal or calendar note. year or which require reports or other actions on a nonrecurring 22 u s e 2751 note. basis shall be deemed to have expired and shall be removed from law upon the expiration of the applicable time periods for the fulfillment of the required actions. REPORT ON NUCLEAR ACTIVITIES SEC. 735. Beginning with the fiscal year 1983 and for each fiscal Report to year thereafter, the President shall prepare and transmit to the Congress. 22 u s e 2429a-l. Congress, as part of the presentation materials for foreign assistance programs proposed for that fiscal year, a classified report describing the nuclear programs and related activities of any country for which a waiver of section 669 or 670 of the Foreign Assistant Act of 1961 is in 22 u s e 2429, Post, p. 1562. effect, including an eissessment of— (1) the extent and effectiveness of International Atomic Energy Agency safeguards at that country's nuclear facilities; and (2) the capability, actions, and intentions of the government of that country with respect to the manufacture or acquisition of a nuclear explosive device. ASSISTANCE TO PAKISTAN SEC. 736. Chapter 1 of part III of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following: "SEC. 620E. ASSISTANCE TO PAKISTAN.—(a) The Congress recognizes 22 use 2375. that Soviet forces occup3dng Afghanistan pose a security threat to Pakistan. The Congress also recognizes that an independent and democratic Pakistan with continued friendly ties with the United States is in the interest of both nations. The Congress finds that United States assistance will help Pakistan maintain its independ- ence. Assistance to Pakistan is intended to benefit the people of Pakistan by helping them meet the burdens imposed by the presence of Soviet forces in Afghanistan and by promoting economic develop- ment. In authorizing assistance to Pakistan, it is the intent of Congress to promote the expeditious restoration of full civil liberties and representative government in Pakistan. The Congress further recognizes that it is in the mutual interest of Pakistan and the United States to avoid the profoundly destabilizing effects of the prolifera- tion of nuclear explosive devices or the capacity to manufacture or otherwise acquire nuclear devices. "Ot)) The United States reaffirms the commitment made in its 1959 bilateral agreement with Pakistan relating to aggression from a 10 UST 317. Communist or Communist-dominated state. "(c) Security assistance for Pakistan shall be made available in order to assist Pakistan in dealing with the threat to its security posed by the Soviet presence in Afghanistan. The United States will take appropriate steps to ensure that defense articles provided by the United States to Pakistan are used for defensive purposes. "(d) The President may waive the prohibitions of section 669 of this Waiver. Act at any time during the period beginning on the date of enactment 22 use 2429. of this section and ending on September 30, 1987, to provide assist-
95 STAT. 1562 PUBLIC LAW 97-113—DEC. 29, 1981 ance to Pakistan during that period if he determines that to do so is in the national interest of the United States.". PROHIBITIONS RELATING TO NUCLEAR TRANSFERS AND NUCLEAR DETONATIONS 22 u s e 2429a SEC. 737. (a) The Congress finds that any transfer of a nuclear note. explosive device to a non-nuclear-weapon state or, in the case of a non-nuclear-weapon state, any receipt or detonation of a nuclear explosive device would cause grave damage to bUateral relations between the United States and that country. 22 u s e 2429. (b) Section 669(bX2) of the Foreign Assistance Act of 1961 is amended to read as follows: "(2XA) A certification under paragraph (1) of this subsection shall take effect on the date on which the certification is received by the Congress. However, if, within thirty calendar days after receiving this certification, the Congress adopts a concurrent resolution stating in substance that the Congress disapproves the furnishing of assist- ance pursuant to the certification, then upon the adopton of that resolution the certification shall cease to be effective and all deliv- eries of assistance furnished under the authority of that certification shall be suspended immediately. "(B) Any concurrent resolution under this p a r e ^ a p h shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export 90 Stat. 765. Control Act of 1976. "(C) For the purpose of expediting the consideration and adoption of concurrent resolutions under this paragraph, a motion to proceed to the consideration of any such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.". 22 u s e 2429a. (c) Section 670 of such Act is amended to read as follows: "SEC. 670. NUCLEAR REPROCESSING TRANSFERS, TRANSFERS OF NUCLEAR EXPLOSIVE DEVICES, AND NUCLEAR DETONATIONS.—(aXD Except as provided in paragraph (2) of this subsection, no funds authorized to be appropriated by this Act or the Arms Export Control 22 u s e 2751 Act may be used for the purpose of providing economic assistance note. (including assistance under chapter 4 of part II), providing military 22 u s e 2346. assistance or grant military education and training, providing assist- 22 u s e 2348. ance under chapter 6 of part II, or extending military credits or making guarantees, to any country which on or after the date of 22 u s e 2151 enactment of the International Security Assistance Act of 1977 note. delivers nuclear reprocessing equipment, materials, or technology to any other country or receives such equipment, materials, or technol- ogy from any other country (except for the transfer of reprocessing technology associated with the investigation, under international evaluation programs in which the United States participates, of technologies which are alternatives to pure plutonium reprocessing). Transmittal of "(2) Notwithstanding paragraph (1) of this subsection, the Presi- certification to dent may furnish assistance which would otherwise be prohibited Congress. under that paragraph if he determines and certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that the termination of such assist- ance would be seriously prejudicial to the achievement of United States nonproliferation objectives or otherwise jeopardize the common defense and security. The President shall transmit with such certification a statement setting forth the specific reasons therefor.
PUBLIC LAW 97-113—DEC. 29, 1981 95 STAT. 1563 "(3XA) A certification under paragraph (2) of this subsection shall Congressional take effect on the date on which the certification is received by the disapproval. Congress. However, if, within 30 calendar days after receiving this certification, the Congress adopts a concurrent resolution stating in subst£uice that the Congress disapproves the furnishing of assistance pursuant to the certification, then upon the adoption of that resolu- tion the certification shall cease to be effective and all deliveries of assistance furnished under the authority of that certification shall be suspended immediately. "(B) Any concurrent resolution under this paragraph shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. 90 Stat. 765. "(C) For the purpose of expediting the consideration and adoption of concurrent resolutions under this paragraph, a motion to proceed to the consideration of any such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. "(bXD Except as provided in paragraphs (2) and (3) of this subsec- tion, no funds authorized to be appropriated by this Act or the Arms Export Control Act may be used for the purpose of providing 22 u s e 2751 economic assistance (including assistance under chapter 4 of part II), note. 22 u s e 2346. providing military assistance or grant military education and train- ing, providing assistance under chapter 6 of part II, or extending 22 u s e 2348. military credits or making guarantees, to any country which on or after the date of enactment of the International Security Assistance Act of 1977— 22 u s e 2151 "(A) transfers a nuclear explosive device to a non-nuclear- note. weapon state, or "(B) is a non-nuclear-weapon state and either— "(i) receives a nuclear explosive device, or "(ii) detonates a nuclear explosive device. "(2XA) Notwithstanding paragraph (1) of this subsection, the Presi- Transmittal of dent may, for a period of not more than 30 days of continuous session, certification to Congress. furnish assistance which would otherwise be prohibited under para- graph (1) of this subsection if, before furnishing such sissistance, the President transmits to the Speaker of the House of Representatives, and to the chairman of the Committee on Foreign Relations of the Senate, a certification that he has determined that an immediate termination of assistance to that country would be detrimental to the national security of the United States. Not more than one such certification may be transmitted for a country with respect to the same detonation, transfer, or receipt of a nuclear explosive device. "(B) If the President transmits a certification to the (Jongress under subparagraph (A), a joint resolution which would permit the Presi- dent to exercise the waiver authority of parcigraph (3) of this subsec- tion shall, if introduced in either House within thirty days of continuous session after the Congress receives this certification, be considered in the Senate and House of Representatives in accordance with subparagraphs (C) and (D) of this paragraph. "(C) Any joint resolution under this paragraph shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export CJontrol Act of 1976. "(D) For the purpose of expediting the consideration and adoption of joint resolutions under this paragraph, a motion to proceed to the consideration of such a joint resolution after it has been reported by
95 STAT. 1564 PUBLIC LAW 97-113—DEC. 29, 1981 the appropriate committee shall be treated as highly privileged in the House of Representatives. "Joint "(E) For purposes of this paragraph, the term 'joint resolution* resolution." means a joint resolution the matter aiter the resolving clause of which is as follows: 'That the CJongress having received on a certification by the President under section 22 u s e 2429a. 670G)X2) of the Foreign Assistance Act of 1961 with respect to , the Congress hereby authorizes the President to exercise the waiver authority contained in section 670(bX3) of that Act.', with the date of receipt of the certification inserted in the first blank and the name of the country inserted in the second blank. Transmittal of "(3) Notwithstanding paragraph (1) of this subsection, if the Con- certification to Congress. gress enacts a joint resolution under paragraph (2) of this subsection, the President may furnish assistance which would otherwise be prohibited under paragraph (1) if he determines and certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that the termination of such assistance would be seriously prejudicial to the achievement of United States nonproliferation objectives or otherwise jeopardize the common defense and securil^. The President shall transmit with such certification a statement setting forth the specific reasons therefor. "(4) For purposes of this subsection, continuity of session is broken only by an adjournment of Congress sine die and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of any period of time in which Congress is in continuous session. "Non-nuclear weapon state." '(5) As used in this subsection, the term 'non-nuclear-weapon state' means any country which is not a nuclear-weapon state, as defined in article IX(3) of the Treaty on the Non-Proliferation of Nuclear 21 UST 483. Weapons.". Approved December 29, 1981. LEGISLATIVE HISTORY—S. 1196 (H.R. 3136) (H.R. 3566): HOUSE REPORTS: No. 97-58 accompanying H.R. 3566 and No. 97-195 accompanying H.R. 3136 (both from Comm. on Foreign Affairs), and No. 97-413 (Comm. of Conference). SENATE REPORT No. 97-83 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 127 (1981): Sept. 23, 24, 30, Oct. 20, 21, 22, considered and passed Senate. Dec. 9, H.R. 3566 considered and passed House; proceedings vacated and S. 1196, amended, passed in lieu. Dec. 15, Senate agreed to conference report. Dec. 16, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 53 (1981): Dec. 29, Presidential statement.