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Page:United States Statutes at Large Volume 95.djvu/1559

 PUBLIC LAW 97-113—DEC. 29, 1981

95 STAT. 1533

Act for southern African re^onal programs may be used to finance 22 USC 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(d)(3) of the Foreign Assistance Act of 1961 22 USC 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(e)(l) 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 USC 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 Assistance Act of 1961 is amended by striking out "thefiscalyear 1981" and 22 USC 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 USC 2151p. amended to read as follows: "SEC. 118. ENVIRONMENT AND NATURAL RESOURCES.—(a) The Congress finds that if current trends in the degradation of natural resources in developing countries continue, they will severely undermine 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 cooperating extensively with developing countries in order to achieve environmentally sound development. "(b) In order to address the serious problems described in subsection (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 wellbeing, 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

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Rh bringing with it a great increase in the rainfall. We could, with much difficulty, have got our regiments up the mountains, but not half the men could have got up with their belongings; and once there it would have been an impossibility to feed them. It was all that could be done, with the limited number of wagons and mule-trains on hand, to feed the men in the existing camps, for the travel and the rain gradually rendered each road in succession wholly impassable. To have gone up the mountains would have meant early starvation.

The third plan of the Department was even more objectionable than either of the others. There was, some twenty-five miles in the interior, what was called a high interior plateau, and at one period we were informed that we were to be marched thither. As a matter of fact, this so-called high plateau was the sugar-cane country, where, during the summer, the rainfall was prodigious. It was a rich, deep soil, covered with a rank tropic growth, the guinea-grass being higher than the head of a man on horseback. It was a perfect hotbed of malaria, and there was no dry ground whatever in which to camp. To have sent the troops there would have been simple butchery.

Under these circumstances the alternative to leaving the country altogether was to stay where we were, with the hope that half the men would live

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Page:United States Statutes at Large Volume 95.djvu/1560

 95 STAT. 1534

22 USC 2151a.

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 country, 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. «(d)(l) In enacting section 103(b)(3) of this Act the Congress recognized the importance of forests and tree cover to the developing countries. The Congress is particularly concerned about the continuing 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 destabilization 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 recommendations 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 private 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.".

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Page:United States Statutes at Large Volume 95.djvu/1561

 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 USC 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 disbursement 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 expenditure of those funds.". PRIVATE AND VOLUNTARY ORGANIZATIONS

SEC. 309. Section 123 of the Foreign Assistance Act of 1961 is 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 appropriated 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 of private and voluntary organizations, and the President shall seek to channel funds in an amount not less than 16 percent of such aggregate amount for the activities of private and voluntary organizations. "(g) After December 31, 1984, funds made available to carry out section 103(a), 104(b), 104(c), 105,106,121, or 491 of this Act may not 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 subsection, 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 responsible for administering this part..

22 USC 2151U.

22 USC 2151a, 2151b, 2151c, 2151d, 2151s, 2292. Funding restrictions.

HOUSING GUARANTY PROGRAMS

SEC. 310. (a) Section 222(a) of the Foreign Assistance Act of 1961 is 22 USC 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 USC 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

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Page:United States Statutes at Large Volume 95.djvu/1562

 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 USC 2221.

22 USC 2222.

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.". (b) Section 302(a)(l) 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 Fund, (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

22 USC 2421.

SEC. 312. (a) The section caption of section 661 of the Foreign Assistance Act of 1961 is amended by striking out "REIMBURSABLE DEVELOPMENT PROGRAMS" and inserting in lieu thereof "TRADE AND DEVELOPMENT PROGRAM".

Appropriation authorization.

(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 (3) by adding at the end thereof the following new subsection: 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 DEVELOPMENT FOUNDATION

22 USC 290h-8.

SEC. 313. Section 510 of the International Security and Development 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".

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Page:United States Statutes at Large Volume 95.djvu/1563

 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 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: "(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 the agreements for credit sales shall provide for payment 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 for 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— (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)— (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 (8) by repealing section 109(b). 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—

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Page:United States Statutes at Large Volume 95.djvu/1564

 95 STAT. 1538

7 USC 1709.

7 USC 1709 note. Ante, p. 1213.

PUBLIC LAW 97-113—DEC. 29, 1981

(1) by inserting in paragraph (3) immediately before the semicolon, and reducing illiteracy among the rural poor"; (2) by striking out the period at the end of paragraph (10) and inserting in lieu 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 Assistance Act of 1954 is amended by adding at the end thereof a new subsection as follows: "(d)(1) 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 under this title, and of each amendment to such an agreement, are being fully carried out.". (c) The amendments made by this section shall not be effective if 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

7 USC 1721.

SEC. 404. Section 201(b)(3) of the Agricultural Trade Development 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 USC 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 eradication, herbicides. 22 USC 2291.

Report to Congress.

SEC. 502. (a)(1) Section 481(d) of the Foreign Assistance Act of 1961 is amended to read as follows: "(d)(1) 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. "(2) The Secretary of Health and Human Services shall monitor the impact on the health of persons who may use or consume marihuana

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Page:United States Statutes at Large Volume 95.djvu/1565

 PUBLIC LAW 97-113—DEC. 29, 1981

95 STAT. 1539

of the spraying 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 herbicide which are harmful to their health, the Secretary shall prepare and transmit a report to the Congress setting forth such determination 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 $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 enactment of this Act, to carry out section 481 of the Foreign Assistance Act of 1961 may be made available for purposes prohibited by 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 481 of the Foreign Assistance Act of 1961 which were obligated for assistance for the Republic of Colombia may be used for purposes other than those set forth in section 482(a)(2) of that Act as in effect immediately before the enactment of the International Security and Development Cooperation Act of 1980. (4) Paragraphs (2) and (3) of this subsection shall apply only to the 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 adding at the end thereof the following new subsection: "(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 international 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: "(a)(1) To carry out the purposes of section 481, there are authorized 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.".

22 USC 2291a.

22 USC 2291 note. 22 USC 2291.

22 USC 2291 note.

94 Stat. 3131. 22 USC 2291 note.

Report to Congress. 22 USC 2291.

Appropriation authorization. 22 USC 2291a.

INTERNATIONAL DISASTER ASSISTANCE

SEC. 503. Section 492(a) of the Foreign Assistance Act of 1961 is 22 USC 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".

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Page:United States Statutes at Large Volume 95.djvu/1566

 95 STAT. 1540

PUBLIC LAW 97-113—DEC. 29, 1981 ASSISTANCE FOR DISPLACED PERSONS IN CENTRAL AMERICA

22 USC 2292o.

Appropriation authorization.

22 USC 2292.

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: "SEC. 495L ASSISTANCE FOR DISPLACED PERSONS IN CENTRAL AMERICA.—(a)(1) The Congress recognizes that prompt United States assistance is necessary to help meet the basic human needs of persons displaced by strife in El Salvador. Therefore, the President is authorized 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. "(b) There are authorized to be appropriated to the President for 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 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 USC 2501-1.

22 USC 2501-1 "°*®22 USC 2501-1 note.

Effective on the date of the enactment of the International 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.". (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. (c)(X) All personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds as are determined by the Director of the Oftice of Management and Budget, after consultation with the Comptroller General 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 ««SEC. 2A.

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Page:United States Statutes at Large Volume 95.djvu/1567

 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). (2)(A) The transfer pursuant to this subsection of full-time personnel (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 Collectiveenactment 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 USC 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 enactment, 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 appointment 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 compensation 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".

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Page:United States Statutes at Large Volume 95.djvu/1568

 95 STAT. 1542 22 USC 2503 note. 22 USC 2501 note.

22 USC 2502 note.

Report to congressional committees and Comptroller General.

22 USC 2501-1 note.

PUBLIC LAW 97-113—DEC. 29, 1981

(2) The Director of the Peace Corps shall continue to exercise all the functions under the Peace Corps Act or any other law or authority which the Director was performing on December 14, 1981. (e)(1) Section 3 of the Peace Corps Act (22 U.S.C. 2502) is amended by repeaUng subsections (d), (e), and (f) and by redesignating subsection (g) as subsection (d). (2) The amendment made by paragraph (1) of this subsection shall 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 immediately before the date of the enactment of this Act. (f)(1) Not later than the thirtieth day after the date of the enactment of this Act, or February 15, 1982, whichever occurs later, the Director of the Office of Management and Budget, after consultation 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 unexpended 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 General shall submit to the appropriate committees of the Congress a report stating whether, in the judgment of the Comptroller General, determinations made by the Director of the Office of Management and Budget under subsection (c)(1) of this section were equitable. (g) References in any statute, reorganization plan. Executive order, regulation, or other official document or proceeding to the ACTION Agency or the Director of the ACTION Agency with respect 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 year 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.".

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Page:United States Statutes at Large Volume 95.djvu/1569

 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 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 employed, appointed, or assigned under this Act. For purposes of this 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 sentences. (c) To the extent that the authorities provided by the amendments 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.

94 Stat. 2154. ^^ ^^^ ^^^^•

94 Stat. 2155. 22 USC 2702.

22 USC 2504. 22 USC 2509 "°*®

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(a)(4)" in the second sentence and inserting in lieu thereof "section 10(a)(5)". (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 USC 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

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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

22 USC 2370.

SEC. 702. The first sentence of section 620(k) of the Foreign 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

22 USC 2385.

94 Stat. 2071.

SEC. 703. The first sentence of section 625(d) of the Foreign 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 the Foreign Service Act of 1980". NOTIFICATION OF PROGRAM CHANGES

22 USC 2394-1.

22 USC 2413.

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 country in the report required by section 653(a) of this Act, notifications 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 obligation, the country for which such funds would otherwise have been obligated.". INSPECTOR GENERAL

5 USC app. 5 USC app.

SEC. 705. (a) The Inspector General Act of 1978 is amended— (1) in paragraph (1) of section 2, by inserting "the Agency for International Development," immediately after "Department of Transportation,"; (2) in section 11— (A) in paragraph (1), by inserting "the Agency for International Development," immediately after "Administrator of; and (B) in paragraph (2), by inserting "the Agency for International Development," immediately after "Transportation or"; and (3) by inserting immediately after section 8 the following new section 8A: "SPECIAL PROVISIONS RELATING TO THE AGENCY FOR INTERNATIONAL DEVELOPMENT

^f.^r|*y Tusc app.

"SEC. 8A. (a) In addition to the other duties and responsibilities 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

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consultation with the Administrator of the Agency for International Development), shall supervise, direct, and control all audit, investigative, and security activities relating to programs and operations within the United States International Development 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 Inspectorfor International Development shall, in accordance with applicable laws General Security, and regulations governing the civil service, appoint an Assistant appointment. Inspector General for Security who shall have the responsibility for 5 USC app. supervising the performance of security activities relating to programs 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 USC 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 USC app. of the Inspector General of the Agency for International Development, 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 under the Monitoring Overseas Du*ect Employment policv. "(f) The reference in section 7(a) of this Act to an employee of the 5 USC 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 Development shall be in addition to the officers provided for in section 22 USC 2384. 624(a) of the Foreign Assistance Act of 1961. "(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 USC 2151. (b)(1) 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 USC 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 Development" 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 USC 2427. amended— (1) by striking out", for the fiscal year 1981"; and

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PUBLIC LAW 97-113-DEC. 29, 1981 (2) in paragraph (1) by striking out "$293,800,000" and inserting in lieu thereof "$335,600,000 for the fiscal year 1982 and $335,600,000 for the fiscal year 1983". TECHNICAL AMENDMENT

"Communist S^usc 2370

SEC. 707. The last sentence of section 620(f) of the Foreign Assist^^^® ^^* °^ ^^^^ ^ amended to read as follows: "For the purposes of this subsection, the phrase 'Communist 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

22 USC 2346i.

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 recovery 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: "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 CERTAIN POLISH CURRENCIES

31 USC 724.

SEC. 709. (a) Notwithstanding section 1415 of the Simplemental Appropriation Act, 1953, section 508 of the General Grbvernment Matters, Department of Commerce, and Related Agencies Appropri-

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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 largescale 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 continuing 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 disruption 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.

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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 POLICY 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 fundamental 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 internationaly 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 USC 1152 note. SEC. 714. The approval referred to in the first sentence of section 8 USC 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 relationship 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.

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(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, chemical 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 chemical agents and toxin weapons being used against the peoples of Laos, Kampuchea, and Afghanistan; and (2) vigorously seek a satisfactory explanation from the Government 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 Congress reiterates the concern expressed in House Resolution 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 Prohibition of the Development, Production and Stockpiling of Bacteriological (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 States 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 responsibility 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 operations are to continue; and (4) the Government of the Union of Soviet Socialist Republics is currently $180,000,000 in arrears on its payments 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

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by the Government 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

Report to Congress.

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 governments of neighboring states in Africa. (b) The Congress believes that the President should conduct an 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

Report to Congress.

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. (b) Not later than six months after the enactment of this Act, 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 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 participation by United States citizens in activities in support of international 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

22 USC 2151 note. 22 USC 2751 note.

SEC. 720. (a) In considering whether to provide assistance, make sales, extend credits, or guarantee loans under the provisions of the Foreign Assistance Act of 1961, as amended, or the Arms Export Control Act, to any country represented at the Meeting of the

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Ministers of Foreign Affairs and Heads of Delegations of the NonAligned Countries to the 36th General Session of the General Assembly of the United Nations on September 25 and 28, 1981, the President shall take into account whether such country has dissociated itself from the communique issued following the meeting, (b) Within thirty days after the date of enactment of this section, the President shall submit a report to the Speaker of the House of 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.

Report to Congress.

PROMOTING THE DEVELOPMENT OF THE HAITIAN PEOPLE AND PROVIDING FOR ORDERLY EMIGRATION FROM HAITI

SEC. 721. (a)(1) It is the sense of the Congress that up to $15,000,000 of the funds available for the fiscal year 1982 to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 should be made available 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 extended for the fiscal year 1982 under the Arms Export Control Act may be approved for use for Haiti, only if the President determines 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 internationaly recognized human rights. (c) Six months after the date of enactment of this Act, the President shall prepare and transmit to the Congress a report on the extent to 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 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.

22 USC 2151 note. 22 USC 2151.

22 USC 2151, 2311, 2347. 22 USC 2751 note.

Report to Congress.

22 USC 2420.

COMPREHENSIVE ANALYSIS OF FOREIGN ASSISTANCE

SEC. 722. (a) It is the sense of Congress that at a time when major retrenchments and reappraisals are being made in domestic programs, it is also logical that, while maintaining past international commitments, the magnitude and direction of future foreign assistance 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

Reports to Congress.

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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 composition 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 constructing the development assistance budget. (b) The Congress requests that the President provide to the Congress 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 Congress.

SEC. 723. The Congress finds that the Governments of Egypt, Israel, 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

MX;

SEC. 724. (a) In furnishing assistance under this Act to the Government of Nicaragua, the President shall take into account the extent to which that Government has engaged in violations of internationaly 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 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

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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 InterAmerican 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 be terminated if the President determines and reports to the Congress 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 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. (e) For each six-month period in which any funds are expended 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, termination.

Loans.

22 USC 2384. Reports to Congress.

ASSISTANCE AND SALES FOR ARGENTINA

SEC. 725. (a) Section 620B of the Foreign Assistance Act of 1961 is repealed. Ob) Notwithstanding any other provision of law, assistance may be provided to Argentina under chapter 2, 4, 5, or 6 of part II of the Foreign Assistance Act of 1961, credits (including participations in credits) may be extended and loans may be guaranteed with respect to Argentina under the Arms Export Control Act, defense articles and defense services may be sold to Argentina under the Arms Export Control Act, and export licenses may be issued to or for the Government of Argentina under section 38 of the Arms Export Control Act, only if the President has submitted to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a detailed report certifying that— (1) the Government of Argentina hsis made significant progress in complying with internationaly 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

Repeal. 22 USC 2372. Report to Congress. 22 USC 2370 note. 22 USC 2311, 2346, 2347, 2348. 22 USC 2751 note. 22 USC 2778.

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Congress hopes that progress will continue, especially with regard to providing information on citizens listed as "disappeared" and prisoners remaining a t the disposition of the national executive power. In the process of making the determination required in paragraph (1) of subsection (b), among other things, the President shall consider— (1) efforts by the Government of Argentina to provide information on citizens identified as "disappeared"; and (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 Congress. 22 USC 2370 note. 22 USC 2311, 2346-2348. 22 USC 2751 note.

22 USC 2778.

SEC. 726. (a) Section 406 of the International Security Assistance and Arms Export Control Act of 1976 (22 U.S.C. 2370 note) is repealed, (b) Notwithstanding any other provision of law— (1) no assistance may be furnished under chapter 2, 4, 5, or 6 of part n of the Foreign Assistance Act of 1961 to Chile; (2) no sale of defense articles or services may be made under the Arms Export Control Act to Chile; (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 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 progress in complying with internationaly 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

22 USC 2151n, 2304.

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 internationaly recognized human rights in accordance with sections 116 and 502B of the Foreign Assistance Act of 1961; (2) full respect for all other fundamental human rights, including 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;

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(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 MILITARY ASSISTANCE AND SALES TO EL SALVADOR

SEC. 728. (a)(1) The Congress finds that peaceful and democratic 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 Government 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 assistance for El Salvador under chapter 2 or 5 of part II of the Foreign Assistance Act of 1961, letters of offer may be issued and credits and guarantees may be extended for El Salvador under the

22 USC 2370 "°*®

Presidential co^n^^ess^°" *° 22 iJScf 2311, 2347.

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Page:United States Statutes at Large Volume 95.djvu/1582

 95 STAT. 1556

PUBLIC LAW 97-113—DEC. 29, 1981

22 USC 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 USC 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 USC 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 Control 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 activities, or performing management functions under section 515 of 22 USC 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 internationaly 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 equitable political solution to the conflict, with such solution to involve a commitment to— (A) a renouncement of further military or paramilitary activity; and (B) the electoral process with internationaly recognized observers. Each such certification shall discuss fully and completely the justification 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

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202 through to the cool season. We did everything possible to keep up the spirits of the men, but it was exceedingly difficult because there was nothing for them to do. They were weak and languid, and in the wet heat they had lost energy, so that it was not possible for them to indulge in sports or pastimes. There were exceptions; but the average man who went off to shoot guinea-hens or tried some vigorous game always felt much the worse for his exertions. Once or twice I took some of my comrades with me, and climbed up one or another of the surrounding mountains, but the result generally was that half of the party were down with some kind of sickness next day. It was impossible to take heavy exercise in the heat of the day; the evening usually saw a rain-storm which made the country a quagmire; and in the early morning the drenching dew and wet, slimy soil made walking but little pleasure. Chaplain Brown held service every Sunday under a low tree outside my tent; and we always had a congregation of a few score troopers, lying or sitting round, their strong hard faces turned toward the preacher. I let a few of the men visit Santiago, but the long walk in and out was very tiring, and, moreover, wise restrictions had been put as to either officers or men coming in.

In any event there was very little to do in the quaint, dirty old Spanish city, though it was


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Page:United States Statutes at Large Volume 95.djvu/1583

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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 of this section, the President shall prepare and transmit to the 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 possible, send a special envoy or use other appropriate means to consult with and gather information from appropriate representatives of the parties to the Salvadoran conflict, democratic governments of Latin America, Canada, and European allies of the United States regarding the attainment of a negotiated settlement in El Salvador.

Report to Congress.

Special envoy, consultation on 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, acquisition, 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 USC 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 read as follows:

22 USC 2765.

"SEC. 25. ANNUAL ESTIMATE AND JUSTIFICATION FOR SALES PRO- Report to GRAM.—(a) No later than February 1 of each year, the President shall Congress.

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 weaponsrelated 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

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Page:United States Statutes at Large Volume 95.djvu/1584

 95 STAT. 1558

22 USC 2792, ^""^22 USC 2764.

22 USC 2394. 22 USC 2753.

22 USC 2151 ^°^-

22 USC 2751 "°*®*

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 analysis 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 weaponsrelated 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) an 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 section 43(b) or section 21(a) of this Act, including the number of personnel involved in performing such services; "(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(a)(5) of the Foreign Assistance Act of 1961; "(8) a list of all countries with respect to which findings made by the President pursuant to section 3(a)(l) 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 1961, predecessor Acts, or any Act authorizing international security assistance, with respect to which there remains outstanding 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 connection with any such procurement, theretofore made under the Arms Export Control Act with respect to which there remains outstanding any unpaid obligation or potential liability; and

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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 made by the Committee on Foreign Relations of the Senate or the 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 information 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.".

Submittal of information to Congress.

CONSOLIDATED REPORTS: FOREIGN ASSISTANCE ACT OF 1961

SEC. 733. Section 634(a) of the Foreign Assistance Act of 1961 is Reports to Congress. amended— (1) by amending the first sentence to read as follows: "In order 22 USC 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 organizations, the CJhairman of the Development Coordination 0)mmittee 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 (I)(B), by striking out "the progressive developing 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 Development 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 USC 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

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Page:United States Statutes at Large Volume 95.djvu/1586

 95 STAT. 1560

22 USC 2399c.

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 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 organization 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

22 USC 2151w, 2221, 2222, 2261, 2291, 2292J, 2292n, 2321f, 2351, 2363, 2370, 2399c, 2417, 2419, 2428, 2347. 22 USC 2370 note. 94 Stat. 3137, 3148, 3156, 3160-3163. 93 Stat. 367; 22 u s e 2151n note, 2151 note, 3201 note, 2151y note, 2151 note. 22 USC 3402, 3405-3407. 22 USC 2222 note, 2151u note, 7 USC 1711 note, 22 USC 2151 note, 2395a. 22 USC 2151 note, 7 USC 1708 note. 7 USC 1691a note. 22 USC 2175a, 2370 note, 2406 note, 2166 note, 2551 note. 22 USC 1942 note, 2151 note. 22 USC 2792, 2751. 22 USC 2321h note, 2776 note, 2151 note. 22 USC 2751 note, 2428b, 2151 note, 287c note. 22 USC 2406 note, 2370, 2751 note, 2370 note. 22 USC 2151 note. 22 USC 2370.

SEC. 734. (a) The following provisions of the following Acts are repealed: (1) The Foreign Assistance Act of 1961: Sections 125(b), 301(b), 301(e)(3), 302(a)(3), 451(b), 481(c)(2), 495D(e), 495H(c)(2), 513, 601(e)(2), 613(c), 620(b), 620(i), 620(m), 640B(g), 657, 659, and 668, and the second sentence of section 542. (2) The International Security and Development Cooperation Act of 1980: Sections 108, 313(b), 603, 713, 714, 720, and 721. (3) The International Development Cooperation Act of 1979: Sections 124,504(b), 506,50703), 508(b), and 509(c). (4) The Special International Security Assistance Act of 1979: Sections 4(e)(2), 7(b), 8(c), and 9. (5) The International Development and Food Assistance Act of 1978: Sections 117(b)(2), 122(b), 201,303, and 603(a)(l). (6) The International Development and Food Assistance Act of 1977: Sections 132(a), 133(c)(6), and 214. (7) Section 213 of the International Development and Food Assistance Act of 1975 (8) The Foreign Assistance Act of 1974: Sections 3,25,26,27,43, 49,50(c) and 51(c). (9) The Foreign Assistance Act of 1973: Sections 36(e), 37, and 38. (10) The Arms Export Control Act: Section 43(c), and the fifth paragraph of section 1. (11) llie International Security Assistance Act of 1979: Sections 60t)), 20(a), 25, and 28. (12) The International Security Assistance Act of 1978: Sections 150b), 23(d), 23(e)(2), 24(c), 25, and 27. (13) liie International Security Assistance Act of 1977: Sections 14,22,24(c), 25, and 28(a)(2). (14) Section 507 of the International Security Assistance and Arms Export Control Act of 1976. (15) Section 7 of the Act entitled "An Act to amend the Foreign Military Sales Act, and for other purposes", approved January 12, 1971 (22 U.S.C. 2410a). (b) Section 620(s)(l) of the Foreign Assistance Act of 1961 is amended— (1) in subparagraph (A) by inserting "and" after the semicolon; (2) in subparagraph (B)— (A) by inserting "or other" after "foreign exchange", and

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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, amendments to the Foreign Assistance Act of 1961 and the Arms Export Control Act which are applicable only to a single fiscal or calendar year or which require reports or other actions on a nonrecurring 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.

22 USC 2151 note. 22 USC 2751 note.

REPORT ON NUCLEAR ACTIVITIES

SEC. 735. Beginning with the fiscal year 1983 and for each fiscal year thereafter, the President shall prepare and transmit to the 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 effect, including an assessment 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.

Report to Congress. 22 USC 2429a-l.

22 USC 2429, Post, p. 1562.

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 that Soviet forces occupying 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 independence. 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 development. 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 proliferation of nuclear explosive devices or the capacity to manufacture or otherwise acquire nuclear devices. "(b) The United States reaffirms the commitment made in its 1959 bilateral agreement with Pakistan relating to aggression from a 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 Act at any time during the period beginning on the date of enactment of this section and ending on September 30, 1987, to provide assist-

22 USC 2375.

10 UST 317.

Waiver. 22 USC 2429.

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