text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/231

 PUBLIC LAW 99-83—AUG. 8, 1985

99 STAT. 209

(b) REQUIREMENT FOR PRESIDENTIAL CERTIFICATION.—As provided

in the 1981 AWACS communication, before the E-3A airborne warning and control system (AWACS) aircraft which were the subject of that communication are transferred to Saudi Arabia, the President shall submit to the Congress a written Presidential certification, containing agreements with Saudi Arabia, that the conditions set forth in that communication have been met. (c) CONGRESSIONAL PARTICIPATION IN CHANGES IN AWACS ARRANGEMENTS.—In order to facilitate the congressional participation provided for in the 1981 AWACS communication, the President shall notify the Congress promptly of any changes being considered by the United States in the arrangements described in that communication.

President of U.S.

SEC. 132. COOPERATIVE AGREEMENTS ON AIR DEFENSE IN CENTRAL EUROPE.

(a) GENERAL AUTHORITIES.—The Secretary of Defense may carry out the European air defense agreements. In carrying out those agreements, the Secretary— (1) may provide without monetary charge to the Federal Republic of Germany articles and services as specified in the agreements; and (2) may accept from the Federal Republic of Germany (in return for the articles and services provided under paragraph (1)) articles and services as specified in the agreements. (b) SPECIAL AUTHORITIES.—In connection with the administration of the European air defense agreements, the Secretary of Defense may— (1) waive any surcharge for administrative services otherwise chargeable under section 21(e)(l)(A) of the Arms Export Control Act; (2) waive any charge not otherwise waived for services associated with contract administration for the sale under the Arms Export Control Act of Patriot air defense missile fire units to the Federal Republic of Germany contemplated in the agreements; (3) use, to the extent contemplated in the agreements, the NATO Maintenance and Supply Agency— (A) for the supply of logistical support in Europe for the Patriot missile system, and (B) for the acquisition of such logistical support, to the extent that the Secretary determines that the procedures of that Agency governing such supply and acquisition are appropriate; (4) share, to the extent contemplated in the agreements, the costs of setup charges of facilities for use by that Agency to perform depot-level support of Patriot missile fire units in Europe; and (5) deliver to the Federal Republic of Germany one Patriot missile fire unit configured for training, to be purchased by the Federal Republic of Germany under the Arms Export Control Act as contemplated in the agreements, without regard to the requirement in section 22 of that Act for payment in advance of delivery for any purchase under that Act. (c) RATE CHARGED FOR CERTAIN SERVICES.—Notwithstanding the

Federal Republic of Germany.

Federal Republic of Germany.

22 USC 2761.

22 USC 2762. Federal

rate required to be charged under section 21 of the Arms Export Republic of Control Act for services furnished by the United States, in the case Germany.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/232

 99 STAT. 210

22 USC 2751 "o^-

PUBLIC LAW 99-83—AUG. 8, 1985 of 14 Patriot missile fire units which the Federal Republic of Germany purchases from the United States under the Arms Export Control Act as contemplated in the European air defense agreements, the rate charged by the Secretary of Defense for packing, crating, handling, and transportation services associated with that purchase may not exceed the established Department of Defense rate for such services. (d) LIMITATION ON CONTRACT AUTHORITY.—The authority of the

22 USC 2770.

Secretary of Defense to enter into contracts under the European air defense agreements is available only to the extent that appropriated funds, other than those made available under section 31 of the Arms Export Control Act, are available for that purpose. (e) RELATION TO FISCAL YEAR 1985 AUTHORIZATION.—The authori-

ties provided by this section are an extension of, and not in addition to, the authorities provided by section 1007 of the Department of Defense Authorization Act, 1985 (98 Stat. 2579), relating to the authority of the Secretary of Defense to carry out the European air defense agreements during fiscal year 1985. (f) DEFINITION OF EUROPEAN AIR DEFENSE AGREEMENTS.—For the

purposes of this section, the term "European air defense agreements" means— (1) the agreement entitled "Agreement between the Secretary of Defense of the United States of America and the Minister of Defense of the Federal Republic of Germany on Cooperative Measures for Enhancing Air Defense for Central Europe", signed on December 6, 1983; and (2) the agreement entitled "Agreement between the Secretary of Defense of the United States of America and the Minister of Defense of the Federal Republic of Germany in implementation of the 6 December 1983 Agreement on Cooperative Measures for Enhancing Air Defense for Central Europe", signed on July 12, 1984. TITLE II~ECONOMIC SUPPORT FUND SEC. 201. PURPOSES AND USES OF ESF; AUTHORIZATIONS OF APPROPRIATIONS. SEC. 201. (a) POLICY REVISIONS AND AUTHORIZATIONS OF APPROPRIA-

TIONS.—Chapter 4 of part II of the Foreign Assistance Act of 1961 is 22 USC amended by striking out sections 531, 532, 533, 534, 536, 537, 538, 2346-2346C, 539, and 540 and inserting the following new sections after the 2346e-2346i. chapter heading: 22 USC 2346. "SEC. 531. AUTHORITY.—(a) The Congress recognizes that, under special economic, political, or security conditions, the national interests of the United States may require economic support for countries or in amounts which could not be justified solely under 22 USC 2151. chapter 1 of part I. In such cases, the President is authorized to furnish assistance to countries and organizations, on such terms and conditions as he may determine, in order to promote economic or President of U.S. political stability. To the maximum extent feasible, the President shall provide assistance under this chapter consistent with the policy directions, purposes, and programs of part I of this Act. "(b) The Secretary of State shall be responsible for policy decisions and justifications for economic support programs under this chapter, including determinations of whether there will be an economic support program for a country and the amount of the program for

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/233

 PUBLIC LAW 99-83—AUG. 8, 1985 each country. The Secretary shall exercise this responsibility in cooperation with the Administrator of the agency primarily responsible for administering part I of this Act. "(c) As part of the annual presentation materials for foreign assistance submitted to the Congress, the agency primarily responsible for administering this part shall provide a detailed justification for the uses and the purposes of the funds provided under this chapter. Such material shall include, but not be limited to, information concerning the amounts and kinds of cash grant transfers, the amounts and kinds of budgetary and balance-of-payments support provided, and the amounts and kinds of project assistance provided with funds made available under this chapter. "(d) To the maximum extent feasible, funds made available pursuant to this chapter for commodity import programs or other program assistance shall be used to generate local currencies, not less than 50 percent of which shall be available to support activities consistent with the objectives of sections 103 through 106 of this Act, and administered by the agency primarily responsible for administering part I of this Act. "(e) Amounts appropriated to carry out this chapter shall be available for economic programs only and may not be used for military or paramilitary purposes. "SEC. 532. AUTHORIZATIONS OF APPROPRIATIONS.—(a) There are authorized to be appropriated to the President to carry out the purposes of this chapter— "(1) $2,015,000,000 for the fiscal year 1986 and $2,015,000,000 for the fiscal year 1987 for the following countries signing the Camp David agreement: Israel and Egypt; and "(2) $1,785,000,000 for the fiscal year 1986 and $1,785,000,000 for the fiscal year 1987 for assistance under this chapter for recipients or purposes other than the countries referred to in paragraph (1).'. "(b) Amounts appropriated to carry out this chapter are authorized to remain available until expended.". (b) EMERGENCY ASSISTANCE.—Section 535 of such Act is amended— (1) by striking out "1982" and "1983" inserting in lieu thereof "1986'^^and "1987", respectively; and (2) by redesignating that section as section 533. SEC. 202. ASSISTANCE FOR THE MIDDLE EAST.

99 STAT. 211

22 USC 2151.

22 USC

2151a-2151d. Prohibition.

22 USC 2346a.

22 USC 2346d.

22 USC 2346d, 2346b.

(a) ISRAEL.—(1) Of the amounts authorized to be appropriated to carry out chapter 4 of part II of the Foreign Assistance Act of 1961, 22 USC 2346. not less than $1,200,000,000 for fiscal year 1986 and not less than $1,200,000,000 for fiscal year 1987 shall be available only for Israel. (2) The total amounts of funds allocated for Israel under that chapter for fiscal year 1986 and fiscal year 1987 shall be made available as a cash transfer on a grant basis. Such transfer shall be made on an expedited basis in the first 30 days of the respective fiscal year. In exercising the authority of this paragraph, the Presi- President of U.S. dent shall ensure that the level of cash transfer made to Israel does not cause an adverse impact on the total level of nonmilitary exports from the United States to Israel. (b) EGYPT.—(1) Of the amounts authorized to be appropriated to carry out chapter 4 of part II of the Foreign Assistance Act of 1961, not less than $815,000,000 for fiscal year 1986 and not less than $815,000,000 for fiscal year 1987 shall be available only for Egypt.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/234

 99 STAT. 212

PUBLIC LAW 99-83—AUG. 8, 1985 (2) All of the funds made available to Egypt under that chapter for the fiscal years 1986 and 1987 shall be provided on a grant basis. (3) Up to $115,000,000 of the amounts provided for Egypt for each of the fiscal years 1986 and 1987 pursuant to paragraph (1) may be provided as a cash transfer with the understanding that Egypt will undertake economic reforms or development activities which are additional to those which would be undertaken in the absence of the cash transfer. (c) COOPERATIVE SCIENTIFIC AND TECHNOLOGICAL PROJECTS.—It is

t

the sense of the Congress that, in order to continue to build the structure of peace in the Middle East, the United States should finance, and where appropriate participate in, cooperative projects of a scientific and technological nature involving Israel and Egypt and other Middle East countries wishing to participate. These cooperative projects should include projects in the fields of agriculture, health, energy, the environment, education, water resources, and the social sciences. SEC. 203. ASSISTANCE FOR CYPRUS.

22 USC 2346.

(a) EARMARKS.—Of the amounts authorized to be appropriated to Carry out chapter 4 of part II of the Foreign Assistance Act of 1961, not less than $15,000,000 for fiscal year 1986 and not less than $15,000,000 for fiscal year 1987 shall be available only for Cyprus. (b) CYPRUS PEACE AND RECONSTRUCTION FUND.—It is the sense of the Congress that, at the appropriate time, $250,000,000 should be authorized to be appropriated to provide assistance for Cyprus under chapter 4 of part II of the Foreign Assistance Act of 1961 if the President certifies to the Congress that an agreement has been concluded by the Greek and Turkish Cypriots which is supported by Greece and Turkey and which achieves substantial progress toward settlement of the Cyprus dispute. Such an agreement should include an agreement on Varosha/Famagusta, foreign troop levels in the Republic of Cyprus, the disposition of the international airport on Cyprus, or other significant steps which are evidence of substantial progress toward an overall settlement of the Cyprus dispute. SEC. 204. ASSISTANCE FOR PORTUGAL.

Of the amounts authorized to be appropriated to carry out chapter 4 of part II of the Foreign Assistance Act of 1961, $80,000,000 for fiscal year 1986 and $80,000,000 for fiscal year 1987 shall be available only for Portugal. SEC. 205. ACQUISITION OF AGRICULTURAL COMMODITY IMPORT PROGRAMS.

COMMODITIES

UNDER

The President shall use not less than 18 percent of the funds which are authorized to be appropriated to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 for each of the fiscal years 1986 and 1987, and which are made available for commodity import programs, for the purchase of agricultural commodities of United States-origin. SEC. 206. TIED AID CREDIT PROGRAM.

Exports. Commerce and

Of the amounts authorized to be appropriated to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 which are allocated for Commodity Import Program s CD not less than $50,000,000 for fiscal year 1986, and

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/235

 PUBLIC LAW 99-83—AUG. 8, 1985 (2) an aggregate of not less than $100,000,000 for both iiscal years 1986 and 1987, shall be deposited in the fund authorized by subsection (c)(2) of section 645 of the Trade and Development Enhancement Act of 1983 (12 U.S.C. 635r) and shall be used by the Agency for International Development in carrying out the program of tied aid credits for United States exports which is provided for in that section. Funds that have not been obligated pursuant to the tied aid credit projp-am by the end of the third quarter of the fiscal year for which they were appropriated may be used for other purposes under chapter 4 of part II of the Foreign Assistance Act of 1961 if the Administrator of the Agency for International Development certifies to the Congress that (A) no trade credit application acceptable and timely under the Trade and Development Enhancement Act of 1983 is pending, or (B) those funds are not needed for that program because other countries are not engaging in predatory financing practices in order to compete with United States exports.

99 STAT. 213

22 USC 2346. 12 USC 635o note.

SEC. 207. RESTRICTION ON USE OF FUNDS FOR NUCLEAR FACILITIES.

Funds authorized to be appropriated to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 for fiscal year 1986 or fiscal year 1987 may not be used to finance the construction of, the operation or maintenance of, or the supplying of fuel for, any nuclear facility in a foreign country unless the President certifies to the Congress that such country is a party to the Treaty on the NonProliferation of Nuclear Weapons or the Treaty for the Prohibition of Nuclear Weapons in Latin America (the "Treaty of Tlatelolco"), cooperates fully with the International Atomic Energy Agency,, and pursues nonproliferation policies consistent with those of the United States.

International agreements.

21 UST 483. 22 uST 762.

SEC. 208. FISCAL YEAR 1985 SUPPLEMENTAL AUTHORIZATION.

(a) AUTHORIZATION.—In addition to the amount appropriated for such purpose by Public Law 98-473, there are authorized to be appropriated $2,008,000,000 for fiscal year 1985 to carry out the purposes of chapter 4 of part II of the Foreign Assistance Act of 1961. Of this amount, $1,500,000,000 shall be available only for Israel, $500,000,000 shall be available only for Egypt, and $8,000,000 shall be available only for the Middle East Regional Program. Amounts appropriated pursuant to this section are authoriztjd to remain available until September 30, 1986. (b) EFFECTIVE DATE.—This section shall take effect on the date of enactment of this Act.

98 Stat. 1837.

TITLE III—DEVELOPMENT ASSISTANCE SEC. 301. DEVELOPMENT ASSISTANCE POLICY.

Section 1020t)) of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new paragraphs: "(13) United States encouragement of policy reforms is necessary if developing countries are to achieve economic growth with equity. "(14) Development assistance should, as a fundamental cbjective, promote private sector activity in open and competitive markets in developing countries, recognizing such activity to be a productive and efficient means of achieving equitable and long term economic growth.

22 USC 2151-1.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/236

 99 STAT. 214

PUBLIC LAW 99-83—AUG. 8, 1985 "(15) United States cooperation in development should recognize as essential the need of developing countries to have access to appropriate technology in order to improve food and water, health and housing, education and employment, and agriculture and industry. "(16) United States assistance should focus on establishing and upgrading the institutional capacities of developing countries in order to promote long term development. An important component of institution building involves training to expand the human resource potential of people in developing countries.". SEC. 302. AGRICULTURE. RURAL DEVELOPMENT, AND NUTRITION.

22 USC 2151a.

22 USC 2151a note. 22 USC 2151b.

Section 103(a)(2) of the Foreign Assistance Act of 1961 is amended by striking out the first sentence and inserting in lieu thereof the following: "There are authorized to be appropriated to the President for purposes of this section, in addition to funds otherwise available for such purposes, $760,000,000 for fiscal year 1986 and $760,000,000 for fiscal year 1987. Of these amounts, the President may use such amounts as he deems appropriate to carry out the provisions of section 316 of the International Security and Development Cooperation Act of 1980.". SEC. 303. POPULATION AND HEALTH.

Section 104(g) of the Foreign Assistance Act of 1961 is amended to read as follows: "(g) AUTHORIZATIONS OF APPROPRIATIONS.—(1) There are authorized to be appropriated to the President, in addition to funds otherwise available for such purposes— "(A) $290,000,000 for fiscal year 1986 and $290,000,000 for fiscal year 1987 to carry out subsection (b) of this section; and "(B) $205,000,000 for fiscal year 1986 and $205,000,000 for fiscal year 1987 to carry out subsection (c) of this section. "(2) Funds appropriated under this subsection are authorized to remain available until expended.". SEC. 304. CHILD SURVIVAL FUND.

22 USC 2151b.

Section 104(c)(2)(B) of the Foreign Assistance Act of 1961 is amended by striking out "$25,000,000" and inserting in lieu thereof "$25,000,000 for fiscal year 1986 and $25,000,000 for fiscal year 1987". SEC. 305. PROMOTION OF IMMUNIZATION AND ORAL REHYDRATION.

Children and youth.

(a) POLICY AND GOAL.—Section 104(c) of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new paragraph: "(3) The Congress recognizes that the promotion of primary health care is a major objective of the foreign assistance program. The Congress further recognizes that simple, relatively low cost means already exist to reduce incidence of communicable diseases among children, mothers, and infants. The promotion of vaccines for immunization, and salts for oral rehydration, therefore, is an essential feature of the health assistance program. To this end, the Congress expects the agency primarily responsible for administering this part to set as a goal the protection of not less than 80 percent of all children, in those countries in which such agency has established

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/237

 PUBLIC LAW 99-83—AUG. 8, 1985

99 STAT. 215

development programs, from immunizable diseases by January 1, 1991.". (b) ANNUAL REPORTS.—Each annual report required by section 634 of the Foreign Assistance Act of 1961 shall describe the progfress achieved during the preceding fiscal year in carrying out section 104(c)(3) of such Act.

22 USC 2151b note. 22 USC 2394. Ante, p. 214.

SEC. 306. EDUCATION AND HUMAN RESOURCES DEVELOPMENT.

The second sentence of section 105(a) of the Foreign Assistance Act of 1961 is amended to read as follows: "There are authorized to be appropriated to the President for the purposes of this section, in addition to funds otherwise available for such purposes, $180,000,000 for fiscal year 1986 and $180,000,000 for fiscal year 1987, which are authorized to remain available until expended..

22 USC 2151c.

SEC. 307. ENERGY, PRIVATE VOLUNTARY ORGANIZATIONS, AND SELECTED DEVELOPMENT ACTIVITIES.

(a) AUTHORIZATIONS.—Section 106(e)(1) of the Foreign Assistance 22 USC 2151d. Act of 1961 is amended to read as follows: "(e)(1) There are authorized to be appropriated to the President for purposes of this section, in addition to funds otherwise available for such purposes, $207,000,000 for fiscal year 1986 and $207,000,000 for fiscal year 1987.". (b) COOPERATIVE DEVELOPMENT PROGRAM.—Section 106 of such Act is amended by adding at the end thereof the following new subsection: "(f) Of the amounts authorized to be appropriated to carry out this chapter, $5,000,000 for fiscal year 1986 and $5,000,000 for fiscal year 1987 shall be used to finance cooperative projects among the United States, Israel, and developing countries.". SEC. 308. PRIVATE SECTOR REVOLVING FUND.

Section 1080^) of the Foreign Assistance Act of 1961 is amended by striking out "fiscal year 1984, up to $20,000,000" in the first sentence and inserting in lieu thereof "each of the fiscal years 1986 and 1987, up to $18,000,000".

22 USC 2151f.

SEC. 309. PRIVATE AND VOLUNTARY ORGANIZATIONS AND COOPERATIVES IN OVERSEAS DEVELOPMENT.

(a) NOTIFICATION DATE.—Section 123(e) of the Foreign Assistance Act of 1961 is amended by striking out "thirty days in the third sentence and inserting in lieu thereof "one year. (b) EARMARKING FOR PVOS.—Section 123(f) of such Act is amended— (1) by striking out "1982, 1983, and 1984" and inserting in lieu thereof "1986 through 1989"; (2) by striking out "twelve" and inserting in lieu thereof "thirteen and one h a l f; and (3) by adding at the end thereof the following new sentence: "Funds made available under chapter 4 of part II of this Act for the activities of private and voluntary organizations may be considered in determining compliance with the requirements of this subsection.".

22 USC 2151u.

22 USC 2346.

SEC. 310. PROMOTION OF DEMOCRATIC COOPERATIVES.

Section 123 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new subsection:

22 USC 2151u.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/238

 99 STAT. 216

PUBLIC LAW 99-83—AUG. 8, 1985 "(h) The Congress recognizes that, in addition to their role in social and economic development, cooperatives provide an opportunity for people to participate directly in democratic decisionmaking. Therefore, assistance under this chapter shall be provided to rural and urban cooperatives which offer large numbers of low- and middle-income people in developing countries an opportunity to participate directly in democratic decisionmaking. Such assistance shall be designed to encourage the adoption of self-help, private sector cooperative techniques and practices which have been successful in the United States.".

22 USC 2151u note.

SEC. 311. USE OF PRIVATE AND VOLUNTARY ORGANIZATIONS, COOPERATIVES, AND THE PRIVATE SECTOR.

(a) STUDY.—The Administrator of the Agency for International Development shall undertake a comprehensive study of additional ways to provide development assistance through nongovernmental organizations, including United States and indigenous private and voluntary organizations, cooperatives, the business community, and other private entities. Such study shall include— (1) an analysis of the percentage of development assistance allocated to governmental and nongovernmental programs; (2) an analysis of structural impediments, within both the United States and foreign governments, to additional use of nongovernmental programs; and (3) an analysis of the comparative economic benefits of governmental and nongovernmental programs. (b) REPORT.—The Administrator shall report the results of this study to the Congress no later than September 30, 1986. SEC. 312. TARGETED ASSISTANCE.

(a) REQUIREMENTS.—Section 128 of the Foreign Assistance Act of 1961 is amended to read as follows: President of U.S. "SEC. 128. TARGETED ASSISTANCE.—(a) The President shall use Disadvantaged poverty measurement standards, such as those developed by the persons. International Bank for Reconstruction and Development, and other appropriate measurements in determining target populations for United States development assistance, and shall strengthen United States efforts to assure that a substantial percentage of development assistance under this chapter directly improves the lives of the poor majority, with special emphasis on those individuals living in absolute poverty. Research and "(b) To the maximum extent possible, activities under this chapter development. that attempt to increase the institutional capabilities of private organizations or governments, or that attempt to stimulate scientific and technological research, shall be designed and monitored to ensure that the ultimate beneficiaries of these activities are the poor majority.". (b) ANNUAL REPORTS.—Section 634(a)(1)(B) of such Act is amended 22 USC 2394. by inserting immediately before the semicolon the following: ", such assessment to include an evaluation of the extent to which programs under chapter 1 of part I directly benefit the poor majority'. 22 USC 2151. 22 USC 2151z.

SEC. 313. HOUSING AND OTHER GUARANTY PROGRAMS. 22 USC 2182.

(a) INCREASING AUTHORIZED H I G PROGRAM LEVEL.—Section 222(a) of the Foreign Assistance Act of 1961 is amended by striking out "$1,958,000,000" in the second sentence and inserting in lieu thereof "$2,158,000,000".

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/239

 PUBLIC LAW 99-83—AUG. 8, 1985 (b) EXTENDING H I G PROGRAM AUTHORITY.—Such section is further amended by striking out "1986" in the third sentence and inserting in lieu thereof "1988". (c) MINIMUM ANNUAL HIG PROGRAM LEVELS.—Section 222 of such Act is amended by adding at the end thereof the following: "(k) The total principal amount of guaranties issued under this section for each of the fiscal years 1986 and 1987 shall be comparable to the total principal amount of such guaranties issued for fiscal year 1984, subject to the dollar limitations on the issuance of guaranties under this section which are contained in subsection (a) and in appropriation Acts.". (d) AGRICULTURAL AND PRODUCTIVE CREDIT AND SELF-HELP COMMUNITY DEVELOPMENT PROGRAMS.—Section 222A(h) of such Act

is amended by striking out "1986" and inserting in lieu thereof "1988".

99 STAT. 217

22 USC 2182.

22 USC 2182a.

SEC. 314. TRADE CREDIT INSURANCE PROGRAM.

Section 224(e) of the Foreign Assistance Act of 1961 is amended by striking out "not to exceed $300,000,000 in the fiscal year 1985" and inserting in lieu therof "except that the aggregate amount of outstanding commitments under subsection (a) may not exceed $300,000,000 of contingent liability for loan principal during fiscal 1986 and {rear principal may not exceed $400,000,000 of contingent liability for oan during fiscal year 1987".

22 USC 2184.

SEC. 315. MINORITY SET-ASIP.E.

Except to the extent that the Administrator of the Agency for International Development determines otherwise, not less than 10 percent of the aggregate of the funds made available for each of the fiscal years 1986 and 1987 to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be made available only for activities of economically and socially disadvantaged enterprises (within the meaning of section 133(c)(5) of the International Development and Food Assistance Act of 1977), historically black colleges and universities, and private and voluntary organizations which are controlled by individuals who are black Americans, Hispanic Americans, or Native Americans, or who are economically and socially disadvantaged (within the meaning of section 133(c)(5)(B) and (C) of the International Development and Food Assistance Act of 1977). For purposes of this section, economically and socially disadvantaged individuals shall be deemed to include women.

22 USC 2151. 22 USC 2151 note.

TITLE IV—OTHER FOREIGN ASSISTANCE PROGRAMS SEC. 401. AMERICAN SCHOOLS AND HOSPITALS ABROAD.

Section 214(c) of the Foreign Assistance Act of 1961 is amended to read as follows: "(c)(l) To carry out the purposes of this section, there are authorized to be appropriated to the President $35,000,000 for fiscal year 1986 and $35,000,000 for fiscal year 1987. "(2) Amounts appropriated under paragraph (1) are authorised to remain available until expended.".

22 USC 2174. Appropriation authorization.

SEC. 402. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS AND PROGRAMS.

(a) AUTHORIZATIONS AND EARMARKINGS.—Section 302(a)(l) of the Foreign Assistance Act of 1961 is amended to read as follows:

22 USC 2222.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/240

 99 STAT. 218 Grants.

t

PUBLIC LAW 99-83—AUG. 8, 1985 "(a)(1) There are authorized to be appropriated to the President $270,000,000 for fiscal year 1986 and $270,000,000 for fiscal year 1987 for grants to carry out the purposes of this chapter, in addition to funds available under other Acts for such purposes. Of the amount appropriated for each of the fiscal years 1986 and 1987 pursuant to these authorizations— "(A) 59.65 percent shall be for the United Nations Development Program; "(B) 19.30 percent shall be for the United Nations Children's Fund; "(C) 7.20 percent shall be for the International Atomic Energy Agency, except that these funds may be contributed to that Agency only if the Secretary of State determines (and so reports to the Congress) that Israel is not being denied its right to participate in the activities of that Agency; "(D) 5.44 percent shall be for Organization of American States development Eissistance programs; "(E) 3.51 percent shall be for the United Nations Environment Program; "(F) 0.70 percent shall be for the World Meteorological Organization; "(G) 0.70 percent shall be for the United Nations Capital Development Fund; "(H) 0.35 percent shall be for the United Nations Education and Training Program for Southern Africa; "(I) 0.18 percent shall be for the United Nations Voluntary Fund for the Decade for Women; "(J) 0.07 percent shall be for the Convention on International Trade in Endangered Species; "(K) 0.70 percent shall be for the World Food Program; "(L) 0.18 percent shall be for the United Nations Institute for Namibia; "(M) 0.12 percent shall be for the United Nations Trust Fund for South Africa; "(N) 0.04 percent shall be for the United Nations Voluntary Fund for Victims of Torture; "(O) 0.07 percent shall be for the United Nations Industrial Development Organization; "(P) 0.55 percent shall be for the United Nations Development Program Trust Fund to Combat Poverty and Hunger in Africa; "(Q) 0.97 percent shall be for contributions to international conventions and scientific organizations; "(R) 0.18 percent for the United Nations Centre on Human Settlements (Habitat); and "(S) 0.09 percent shall be for the World Heritage Fund.". (b) FISCAL YEAR 1985 CONTRIBUTION TO UNITED NATIONS ENVIRON-

22 USC 2364. 22 USC 2221. Effective date.

MENT PROGRAM.—Notwithstanding section 614 of the Foreign Assistance Act of 1961 or any other provision of law, $10,000,000 of the funds appropriated for the fiscal year 1985 to carry out chapter 3 of part I of such Act shall be available only for the United Nations Environment Program. This subsection shall take effect on the date of enactment of this Act.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/241

 PUBLIC LAW 99-83—AUG. 8, 1985

99 STAT. 219

SEC. 403. WITHHOLDING OF UNITED STATES PROPORTIONATE SHARE FOR CERTAIN PROGRAMS OF INTERNATIONAL ORGANIZATIONS.

Chapter 3 of part I of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: "SEC. 307. WITHHOLDING OF UNITED STATES PROPORTIONATE SHARE FOR CERTAIN PROGRAMS OF INTERNATIONAL ORGANIZATIONS.—(a)

Notwithstanding any other provision of law, none of the funds authorized to be appropriated by this chapter shall be available for the United States proportionate share for programs for the SouthWest Africa People's Organization, Libya, Iran, Cuba, or the Palestine Liberation Organization or for projects whose purpose is to provide benefits to the Palestine Liberation Organization or entities associated with it. "(b) The Secretary of State— "(1) shall review, at least annually, the budgets and accounts of all international organizations receiving payments of any funds authorized to be appropriated by this chapter; and "(2) shall report to the appropriate committees of the Congress the amounts of funds expended by each such organization for the purposes described in subsection (a) and the amount contributed by the United States to each such organization.".

22 USC 2227. South-West Africa People's Organization. Libya. Iran. Cuba. Palestine Liberation Organization. Report.

SEC. 404. INTERNATIONAL DISASTER ASSISTANCE.

The first sentence of section 492(a) of the Foreign Assistance Act of 1961 is amended to read as follows: "There are authorized to be appropriated to the President to carry out section 491, $25,000,000 for fiscal year 1986 and $25,000,000 for fiscal year 1987.". SEC. 405. TRADE AND DEVELOPMENT PROGRAM. The first sentence of section 661(b) of the Foreign Assistance Act of 1961 is amended to read as follows: "There are authorized to be appropriated to the President for purposes of this section, in addition to funds otherwise available for such purposes, $20,000,000 for fiscal year 1986 and $20,000,000 for fiscal year 1987.".

Appropriation authorization. 22 USC 2292a.

Appropriation authorization. 22 USC 2421.

SEC. 406. OPERATING EXPENSES.

Section 667(a)(1) of the Foreign Assistance Act of 1961 is amended to read as follows: "(1) $387,000,000 for fiscal year 1986 and $387,000,000 for fiscal year 1987 for necessary operating expenses of the agency primarily responsible for administering part I of this Act; and.

22 USC 2427.

22 USC 2151.

TITLE V—INTERNATIONAL TERRORISM AND FOREIGN AIRPORT SECURITY Part A—International Terrorism Generally SEC. 501. ANTI-TERRORISM ASSISTANCE PROGRAM.

(a) AUTHORIZATIONS.—Section 575 of the Foreign Assistance Act of 1961 is amended to read as follows: "SEC. 575. AUTHORIZATIONS OF APPROPRIATIONS.—(a) There are authorized to be appropriated to the President to carry out this chapter $9,840,000 for fiscal year 1986 and $9,840,000 for fiscal year 1987. "(b) Amounts appropriated under this section are authorized to remain available until expended.".

22 USC 2349aa-4.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/242

 99 STAT. 220

PUBLIC LAW 99-83—AUG. 8, 1985

22 USC

(b) ITEMS ON THE MUNITIONS LIST.—Section 573(d)(4) of such Act is amended to read as follows: "(4)(A) Except as provided in subparagraph (B), articles on the United States Munitions List established pursuant to the Arms 22 USC 2751 Export Control Act may not be made available under this chapter. note. "(B) For fiscal years 1986 and 1987, articles on the United States Munitions List may be made available under this chapter if— "(i) they are small arms in category I (relating to firearms), ammunition in category III (relating to ammunition) for small arms in category I, or articles in category X (relating to protective personnel equipment), and they are directly related to antiterrorism training being provided under this chapter; "(ii) the recipient country is not prohibited by law from receiving assistance under one or more of the following provi22 USC 2311, sions: chapter 2 of this part, chapter 5 of this part, or the Arms 2347. Export Control Act; and President of U.S. "(iii) at least 15 days before the articles are made available to the foreign country, the President notifies the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of the proposed transfer, in accordance with the procedures applicable to reprogramming notifications pursuant to section 634A of this Act. Post, p. 278. "(C) The value (in terms of original acquisition cost) of all equipment and commodities provided under subsection (a) of this section, including articles described in subparagraph (B)(i) of this paragraph, may not exceed $325,000 in fiscal year 1986 or $325,000 in fiscal year 1987.". (c) RESTRICTION.—Section 573 of such Act is amended by adding at 22 USC the end thereof the following new subsection: 2349aa-2. "(f) Funds made available to carry out this chapter may not be used for personnel compensation or benefits.". Repeal. (d) EXPIRATION OF AUTHORITY.—Section 577 of such Act is 22 USC repealed. 2349aa-2.

2349aa-6.

22 USC 2349aa-7.

SEC. 502. COORDINATION OF ALL UNITED STATES ANTI-TERRORISM ASSISTANCE TO FOREIGN COUNTRIES.

(a) COORDINATION.—The Secretary of State shall be responsible for coordinating all anti-terrorism assistance to foreign countries provided by the United States Government. (b) REPORTS.—Not later than February 1 each year, the Secretary of State, in consultation with appropriate United States Government agencies, shall report to the appropriate committees of the Congress on the anti-terrorism assistance provided by the United States Government during the preceding fiscal year. Such reports may be provided on a classified basis to the extent necessary, and shall specify the amount and nature of the assistance provided. SEC. 503. PROHIBITION ON ASSISTANCE TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM. 22 USC 2371. Prohibition. 7 USC 1691 note, 22 USC 2501 note.

(a) PROHIBITION.—Section 620A of the Foreign Assistance Act of 1961 is amended to read as follows: "SEC. 620A. PROHIBITION ON ASSISTANCE TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM.—(a) The United States shall not

provide any assistance under this Act, the Agricultural Trade Development and Assistance Act of 1954, the Peace Corps Act, or the

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/243

 PUBLIC LAW 99-83—AUG. 8, 1985

99 STAT. 221

Arms Export Control Act, to any country which the President determines— "(1) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism, or "(2) otherwise supports international terrorism. "(b) The President may waive the application of subsection (a) to a country if the President determines that national security or humanitarian reasons justify such waiver. The President shall publish each waiver in the Federal Register and, at least 15 days before the waiver takes effect, shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of the waiver (including the justification for the waiver) in accordance with the procedures applicable to reprogramming notifications pursuant to section 634A of this Act. "(c) If sanctions are imposed on a country pursuant to subsection (a) because of its support for international terrorism, the President should call upon other countries to impose similar sanctions on that country.". (b) CONFORMING AMENDMENT.—Section 3(f) of the Arms Export Control Act is amended by striking out ", credits, and guaranties" and ", credits, or guaranties" each place they appear.

22 USC 2751 note.

SEC. 504. PROHIBITION ON IMPORTS FROM AND EXPORTS TO LIBYA. (a) PROHIBITION ON IMPORTS.—Notwithstanding any other provi-

President of U.S. Federal Register, publication.

Post, p. 278.

22 USC 2753.

22 USC

2349aa-8.

sion of law, the President may prohibit any article grown, produced, extracted, or manufactured in Libya from being imported into the United States. (b) PROHIBITION ON EXPORTS.—Notwithstanding any other provision of law, the President may prohibit any goods or technology, including technical data or other information, subject to the jurisdiction of the United States or exported by any person subject to the jurisdiction of the United States, from being exported to Libya. (c) DEFINITION.—For purposes of this section, the term "United States", when used in a geographical sense, includes territories and possessions of the United States. SEC. 505. BAN ON IMPORTING GOODS AND SERVICES FROM COUNTRIES SUPPORTING TERRORISM.

22 USC 2349aa-9.

(a) AUTHORITY.—The President may ban the importation into the United States of any good or service from any country which supports terrorism or terrorist organizations or harbors terrorists or terrorist organizations. (b) CONSULTATION.—The President, in every possible instance, President of U.S. shall consult with the Congress before exercising the authority granted by this section and shall consult regularly with the Congress so long as that authority is being exercised. (c) REPORTS.—Whenever the President exercises the authority President of U.S. granted by this section, he shall immediately transmit to the Congress a report specifying— (1) the country with respect to which the authority is to be exercised and the imports to be prohibited; (2) the circumstances which necessitate the exercise of such authority; (3) why the President believes those circumstances justify the exercise of such authority; and

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/244

 99 STAT. 222

PUBLIC LAW 99-83—AUG. 8, 1985

(4) why the President believes the prohibitions are necessary to deal with those circumstances. President of U.S. At least once during each succeeding 6-month period after transmitting a report pursuant to this subsection, the President shall report to the Congress with respect to the actions taken, since the last such report, pursuant to this section and with respect to any changes which have occurred concerning any information previously furnished pursuant to this subsection. (d) DEFINITION.—For purposes of this section, the term "United States" includes territories and possessions of the United States. SEC. 506. INTERNATIONAL ANTI-TERRORISM COMMITTEE. Establishment.

The Congress calls upon the President to seek the establishment of an international committee, to be known as the International Anti-Terrorism Committee, consisting of representatives of the member countries of the North Atlantic Treaty Organization, Japan, and such other countries as may be invited and may choose to participate. The purpose of the Committee should be to focus the attention and secure the cooperation of the governments and the public of the participating countries and of other countries on the problems and responses to international terrorism, by serving as a forum at both the political and law enforcement levels. SEC. 507. INTERNATIONAL TERRORISM CONTROL TREATY.

It is the sense of the Congress that the President should establish a process by which democratic and open societies of the world, which are those most plagued by terrorism, negotiate a viable treaty to effectively prevent and respond to terrorist attacks. Such a treaty should incorporate an operative definition of terrorism, and should establish effective close intelligence-sharing, joint counterterrorist training, and uniform laws on asylum, extradition, and swift punishment for perpetrators of terrorism. Parties to such a treaty should include, but not be limited to, those democratic nations who are most victimized by terrorism. SEC. 508. STATE TERRORISM. Arthur D. Nicholson, Jr.

Aircraft and air carriers.

It is the sense of the Congress that all civilized nations should firmly condemn the increasing use of terrorism by certain states as an official instrument for promoting their policy goals, as evidenced by such examples as the brutal assassination of Major Arthur D. Nicholson, Junior, by a member of the Soviet armed forces. Part B—Foreign Airport Security SEC. 551. SECURITY STANDARDS FOR FOREIGN AIR TRANSPORTATION.

(a) SECURITY AT FOREIGN AIRPORTS.—Section 1115 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1515) is amended to read as follows: "SECURITY STANDARDS IN FOREIGN AIR TRANSPORTATION ASSESSMENT OF SECURITY MEASURES

"SEC. 1115. (a)(1) The Secretary of Transportation shall conduct at such intervals as the Secretary shall deem necessary an assessment of the effectiveness of the security measures maintained at those foreign airports being served by air carriers, those foreign airports

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/245

 PUBLIC LAW 99-83—AUG. 8, 1985 from which foreign air carriers serve the United States, those foreign airports which pose a high risk of introducing danger to international air travel, and at such other foreign airports as the Secretary may deem appropriate. "(2) Each such assessment shall be made by the Secretary of Transportation in consultation with the appropriate aeronautic authorities of the foreign government concerned and each air carrier serving the foreign airport at which the Secretary is conducting such assessment. "(3) The assessment shall determine the extent to which an airport effectively maintains and administers security measures. In making an assessment of any airport under this subsection, the Secretary shall use a standard which will result in an analysis of the security measures at such airport based upon, at a minimum, the standards and appropriate recommended practices contained in Annex 17 to the Convention on International Civil Aviation, as those standards and recommended practices are in effect on the date of such assessment.

99 STAT. 223

61 Stat. 1180.

"C»NSULTATION WITH THE SECRETARY OF STATE

"(b) In carrying out subsection (a), the Secretary of Transportation shall consult the Secretary of State with respect to the terrorist threat which exists in each country. The Secretary of Transportation shall also consult with the Secretary of State in order to determine which foreign airports are not under the de facto control of the government of the country in which they are located and pose a high risk of introducing danger to international air travel. "REPORT OF ASSESSMENTS

"(c) Each report to the C>)ngress required by section 315 of this Act shall contain a summary of the assessments conducted pursuant to subsection (a).

49 USC app. 1356.

"NOTIFICATION TO FOREIGN COUNTRY OF DETERMINATION

"(d) Whenever, after an assessment in accordance with subsection (a), the Secretary of Transportation determines that an airport does not maintain and administer effective security measures, the Secretary (after advising the Secretary of State) shall notify the appropriate authorities of such foreign government of such determination, and recommend the steps necessary to bring the security measures in use at that airport up to the standard used by the Secretary in making such assessment "NOTICE AND SANCTIONS

"(e)(1) Paragraph (2) of this subsection shall become effective— "(A) 90 days after notification to the foreign government pursuant to subsection (d), if the Secretary of Transportation finds that the foreign government has failed to bring the security measures at the identified airport up to the standard used by the Secretary in making an assessment of such airport under subsection (a); or "(B) immediately upon the Secretary of Transportation's determination under subsection (d) if the Secretary of Transportation determines, after consultation with the Secretary of

Effective date.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/246

 99 STAT. 224

Post, p. 226.

Federal Register, publication.

49 USC app. 1502.

Report.

PUBLIC LAW 99-83—AUG. 8, 1985 State, that a condition exists that threatens the safety or security of passengers, aircraft, or crew traveling to or from such airport. The Secretary of Transportation shall immediately notify the Secretary of State of any determination made pursuant to subparagraph (B) so that the Secretary of State may comply with the requirement of section 552(a) of the International Security and Development Cooperation Act of 1985 that a travel advisory be issued. "(2) Subject to paragraph (1), if the Secretary of Transportation determines pursuant to this section that an airport does not maintain and administer effective security measures— "(A) the Secretary of Transportation— "(i) shall publish the identity of such airport in the Federal Register, "(ii) shall cause the identity of such airport to be posted and prominently displayed at all United States airports regularly being served by scheduled air carrier operations, and "(iii) shall notify the news media of the identity of such airport; "(B) each air carrier and foreign air carrier providing service between the United States and such airport shall provide notice of such determination by the Secretary to any passenger purchasing a ticket for transportation between the United States and such airport, with such notice to be made by written material included on or with such ticket; "(C) the Secretary of Transportation, after consultation with the appropriate aeronautical authorities of the foreign government concerned and each air carrier serving such airport, may, notwithstanding section 1102 of this Act and with the approval of the Secretary of State, withhold, revoke, or impose conditions on the operating authority of any air carrier or foreign air carrier to engage in foreign air transportation utilizing such airport; and "(D) the President may prohibit air carriers and foreign air carriers from providing service between the United States and any other foreign airport which is directly or indirectly served by aircraft flying to or from the airport with respect to which the determination is made under this section. "(3) The Secretary of Transportation shall promptly submit to the Congress a report (with a classified annex if necessary) on any action taken under this subsection, setting forth information concerning the attempts made to secure the cooperation of the foreign government in meeting the standard used by the Secretary in making the gissessment of the airport under subsection (a). LIFTING OF SANCTIONS

"(f)(1) The sanctions required to be imposed with respect to an airport pursuant to subsection (e)(2)(A) and (B) may be lifted only if the Secretary of Transportation, in consultation with the Secretary of State, has determined that effective security measures are maintained and administered at that airport. "(2) The Congress shall be notified if any sanction imposed pursuant to subsection (e) is lifted. .

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/247

 PUBLIC LAW 99-83—AUG. 8, 1985

99 STAT. 225

"AUTHORITY FOR IMMEDIATE SUSPENSION OF AIR SERVICE

"(g) Notwithstanding sections 1102 and 1114 of this Act, whenever the Secretary of Transportation determines that— "(1) a condition exists that threatens the safety or security of passengers, aircraft, or crew traveUng to or from a foreign airport, and "(2) the public interest requires an immediate suspension of services between the United States and the identified airport, the Secretary of Transportation shall, without notice or hearing and with the approval of the Secretary of State, suspend the right of any air carrier or foreign air carrier to engage in foreign air transportation to or from that foreign airport and the right of any person to operate aircraft in foreign air commerce to or from that foreign airport.

49 USC app. 1502, 1514.

"CONDITIONS OF AUTHORITY

"(h) The provisions of this section shall be deemed to be a condition to any authority granted under title IV or title VI of this Act to any air carrier or any foreign air carrier, issued under authority vested in the Secretary of Transportation.".

49 USC app. l^"^!' i'*21.

(b) CONFORMING AMENDMENTS.— (1) INFORMATION IN SEMIANNUAL REPORTS.—Section 315(a) of

the Federal Aviation Act of 1958 (49 U.S.C. App. 1356(a)) is amended by adding at the end thereof the following new sentence: "Each semiannual report submitted by the Administrator pursuant to the preceding sentence shall include the information described in section 1115(c) of this Act.". (2) CIVIL PENALTIES.—Section 901(a)(1) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1471(a)(1)) is amended by inserting "or 1115(e)(2)(B)" after "1114". (3) TABLE OF CONTENTS.—That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the center heading "TITLE XI—MISCELLANEOUS"

is amended by striking out "Sec. 1115. Security standards in foreign air transportation.".

and inserting in lieu thereof "Sec. 1115. Security standards in foreign air transportation. "(a) Assessment of security measures. "(b) Consultation with the Secretary of State. "(c) Report of assessments. "(d) Notification to foreign country of determination. "(e) Notice and sanctions. "(f) Lifting of sanctions. "(g) Authority for immediate suspension of air service. "(h) Conditions of authority.". (c) CLOSING OF BEIRUT INTERNATIONAL AIRPORT.—It

is the sense of the Congress that the President is urged and encouraged to take all appropriate steps to carry forward his announced policy of seeking the effective closing of the international airport in Beirut, Lebanon, at least until such time as the Government of Lebanon has instituted measures and procedures designed to prevent the use of that airport by aircraft hijackers and other terrorists in attacking civilian airlines or their passengers, hijacking their aircraft, or taking or holding their passengers hostage.

Ante, p. 222.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/248

 99 STAT. 226 49 USC app. 1515a.

PUBLIC LAW 99-83—AUG. 8, 1985 SEC. 552. TRAVEL ADVISORY AND SUSPENSION OF FOREIGN ASSISTANCE. (a) TRAVEL ADVISORY.—Upon being notified by the Secretary of

Transportation that the Secretary has determined, pursuant to subsection (e)(1)(B) of section 1115 of the Federal Aviation Act of 1958 that a condition exists that threatens the safety or security of Ante, p. 222. passengers, aircraft, or crew traveUing to or from a foreign airport which the Secretary of Transportation has determined pursuant to that section to be an airport which does not maintain and administer effective security measures, the Secretary of State shall immediately issue a travel advisory with respect to that airport. Any Federal Register, trp'-'el advisory issued pursuant to this subsection shall be published publication. in the Federal Register. The Secretary of State shall take the necessary steps to widely publicize that travel advisory. President of U.S. (b) SUSPENSION OF FOREIGN ASSISTANCE.—The President shall sus22 USC 2151 pend all assistance under the Foreign Assistance Act of 1961 or the note. Arms Export Control Act to any country in which is located an 22 USC 2751 airport with respect to which section 1115(e)(2) of the Federal Avianote. tion Act of 1958 becomes effective if the Secretary of State determines that such country is a high terrorist threat country. The President may waive the requirements of this subsection if the President determines and reports to the Congress that national security interests or a humanitarian emergency require such waiver. (c) LIFTING SANCTIONS.—The sanctions required to be imposed

pursuant to this section may be lifted only if, pursuant to section 1115(f) of the Federal Aviation Act of 1958, the Secretary of Transportation, in consultation with the Secretary of State, has determined that effective security measures are maintained and administered at the airport with respect to which the Secretary of Transportation had made the determination described in section 1115 of that Act. (d) NOTIFICATION TO CONGRESS.—The Congress shall be notified if any sanction imposed pursuant to this section is lifted. SEC. 553. UNITED STATES AIRMARSHAL PROGRAM. (a) STUDY OF NEED FOR EXPANSION OF PROGRAM.—The Secretary of

Transportation, in coordination with the Secretary of State, shall study the need for an expanded airmarshal program on international flights of United States air carriers. The Secretary of Transportation shall report the results of this study to the Congress within 6 months after the date of enactment of this Act. 49 USC app. 1356b.

(b) AUTHORITY TO CARRY FIREARMS AND MAKE ARRESTS.—The

Secretary of Transportation, with the approval of the Attorney General and the Secretary of State, may authorize persons, in connection with the performance of their air transportation security duties, to carry firearms and to make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States, if they have reasonable grounds to believe that the person to be arrested has committed or is committing a felony. SEC. 554. ENFORCEMENT OF INTERNATIONAL ORGANIZATION STANDARDS.

CIVIL

AVIATION

The Secretary of State and the Secretary of Transportation, jointly, shall call on the member countries of the International Civil Aviation Organization to enforce that Organization's existing standards and to support United States actions enforcing such standards.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/249

 PUBLIC LAW 99-83—AUG. 8, 1985

99 STAT. 227

SEC. 555. INTERNATIONAL CIVIL AVIATION BOYCOTT OF COUNTRIES SUPPORTING INTERNATIONAL TERRORISM.

It is the sense of the Congress that the President— (1) should call for an international civil aviation boycott with respect to those countries which the President determines— (A) grant sanctuary from prosecution to any individual or group which has committed an act of international terrorism, or (B) otherwise support international terrorism; and (2) should take steps, both bilateral and multilateral, to achieve a total international civil aviation boycott with respect to those countries. SEC. 556. MULTILATERAL AND BILATERAL AGREEMENTS WITH RESPECT TO AIRCRAFT SABOTAGE, AIRCRAFT HIJACKING, AND AIRPORT SECURITY.

President of U.S.

49 USC app. 1515 note.

The Secretary of State shall seek multilateral and bilateral agreement on strengthening enforcement measures and standards for compliance with respect to aircraft sabotage, aircraft hijacking, and airport security. SEC. 557. RESEARCH ON AIRPORT SECURITY TECHNIQUES FOR DETECTING EXPLOSIVES.

In order to improve security at international airports, there are authorized to be appropriated to the Secretary of Transportation from the Airport and Airway Trust Fund (in addition to amounts otherwise available for such purpose) $5,000,000, without fiscal year limitation, to be used for research on and the development of airport security devices or techniques for detecting explosives. SEC. 558. HIJACKING OF TWA FLIGHT 847 AND OTHER ACTS OF TERRORISM.

The Congress joins with all Americans in celebrating the release of the hostages taken from Trans World Airlines flight 847. It is the sense of the Congress that— (1) purser Uli Derickson, pilot John Testrake, co-pilot Philip Maresca, flight engineer Benjamin Zimmermann, and the rest of the crew of Trans World Airlines flight 847 displayed extraordinary valor and heroism during the hostages' ordeal and therefore should be commended; (2) the hijackers who murdered United States Navy Petty Officer Stethem should be immediately brought to justice; (3) all diplomatic means should continue to be employed to obtain the release of the 7 United States citizens previously kidnapped and still held in Lebanon; (4) acts of international terrorism should be universally condemned; and (5) the Secretary of State should be supported in his efforts to gain international cooperation to prevent future acts of terrorism. SEC. 559. EFFECTIVE DATE.

This part shall take effect on the date of enactment of this Act.

Uli Derickson. John Testrake. Philip Maresca. Benjamin Zimmermann. Robert Stethem.

49 USC app. 1515 note.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/250

 99 STAT. 228 International Narcotics Control Act of 1985. Drugs and drug abuse. 22 USC 2151 note.

22 USC 2291a. 22 USC 2291.

PUBLIC LAW 99-83—AUG. 8, 1985 TITLE VI—INTERNATIONAL NARCOTICS CONTROL SEC. 601. SHORT TITLE.

This title may be cited as the 'International Narcotics Control Act of 1985". SEC. 602. AUTHORIZATIONS FOR INTERNATIONAL NARCOTICS CONTROL ASSISTANCE.

Subsection (a)(1) of section 482 of the Foreign Assistance Act of 1961 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 $57,529,000 for fiscal year 1986 and $57,529,000 for fiscal year 1987.". SEC. 603. DEVELOPMENT AND ILLICIT NARCOTICS PRODUCTION.

22 USC 2151x.

Section 126(b) of the Foreign Assistance Act of 1961 is amended— (1) by inserting "and under chapter 4 of part 11" immediately after "this chapter"; and (2) by inserting "(1)" after "(b)" and by adding at the end thereof the following new paragraph: "(2) The agency primarily responsible for administering this part may utilize resources for activities aimed at increasing awareness of the effects of production and trafficking of illicit narcotics on source and transit countries.". SEC. 604. REPORTS ON ASSISTANCE.

INTERNATIONAL

NARCOTICS

CONTROL

Section 481(b) of the Foreign Assistance Act of 1961 is amended to read as follows: "(b)(1) Not later than 45 days after the end of each calendar President of U.S. quarter, 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 programming and obligation, on a calendar basis, of funds under this chapter prior to the end of that quarter. The last such report for each fiscal year shall include the aggregate obligations and expenditures made, and the types and quantity of equipment provided, on a calendar quarter basis, prior to end of that fiscal year— "(A) to carry out the purposes of this chapter with respect to each country and each international organization receiving assistance under this chapter, including the cost of the United States personnel engaged in carrying out such purposes in each such country and with each such international organization; "(B) to carry out each program conducted under this chapter in each country and by each international organization, including the cost of United States personnel engaged in carrying out each such program; and "(C) for administrative support services within the United States to carry out the purposes of this chapter, including the cost of United States personnel engaged in carrying out such purposes in the United States. "(2) Not later than August 1 of each year, the President shall President of U.S. transmit to the Speaker of the House of Representatives, and to the Committee on Foreign Relations of the Senate, a complete and detailed midyear report on the activities and operations carried out under this chapter prior to such date. Such midyear report shall include, but not be limited to, the status of each agreement con22 USC 2291.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/251

 PUBLIC LAW 99-83—AUG. 8, 1985

99 STAT. 229

eluded prior to such date with other countries to carry out the purposes of this chapter.". SEC. 605. EXEMPTION FROM BAN ON INVOLVEMENT OF UNITED STATES PERSONNEL IN ARREST ACTIONS IN NARCOTICS CONTROL EFFORTS ABROAD.

Section 481(c) of the Foreign Assistance Act of 1961 is amended by 22 USC 2291. adding at the end thereof the following new paragraph: "(2) Paragraph (1) of this subsection shall not prohibit officers and employees of the United States from being present during direct police arrest actions with respect to narcotic control efforts in a foreign country to the extent that the Secretary of State and the government of that country agree to such an exemption. The Sec- Report. retary of State shall report any such agreement to the Congress before the agreement takes effect.". SEC. 606. ANNUAL REPORTS ON INVOLVEMENT OF FOREIGN COUNTRIES IN ILLICIT DRUG TRAFFIC.

Section 481(e) of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new paragraph: "(6) Each report pursuant to this subsection shall describe the involvement of any foreign government (including any communist government) in illicit drug trafficking during the preceding fiscal year, including— "(A) the direct or indirect involvement of such government (or any official thereof) in the production, processing, or shipment of narcotic and psychotropic drugs and other controlled substances, and "(B) any other activities of such government (or any official thereof) which have facilitated illicit drug trafficking.".

22 USC 2291.

SEC. 607. PROCUREMENT OF WEAPONS TO DEFEND AIRCRAFT INVOLVED IN NARCOTICS CONTROL EFFORTS.

Of the funds available to carry out chapter 2 of part II of the Foreign Assistance Act of 1961 (relating to grant military assist- 22 USC 2311. ance), $1,000,000 for each of the fiscal years 1986 and 1987 shall be made available to arm, for defensive purposes, aircraft used in narcotic control eradication or interdiction efforts. The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate shall be notified of the use of any such funds for that purpose at least 15 days in advance in accordance with the reprogramming procedures applicable under section 634A of the Foreign Assistance Act of 1961. Post, p. 278. SEC. 608. REQUIREMENT FOR COST-SHARING IN INTERNATIONAL NARCOTICS CONTROL ASSISTANCE PROGRAMS.

Section 482 of the Foreign Assistance Act of 1961 is amended by 22 USC 229ia. adding at the end thereof the following new subsection: "(d) Assistance may be provided under this chapter to a foreign country only if the country provides assurances to the President, and the President is satisfied, that the country will provide at least 25 percent of the costs of any narcotics control program, project, or activity for which such assistance is to be provided. The costs borne by the country may include 'in-kind' contributions.".

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/252

 99 STAT. 230

PUBLIC LAW 99-83—AUG. 8, 1985 SEC. 609. PROHIBITION ON USE OF FOREIGN ASSISTANCE FOR REIMBURSEMENTS FOR DRUG CROP ERADICATIONS.

Chapter 8 of part I of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section: 22 USC 2291b.

"SEC. 483. PROHIBITION ON U S E OF FOREIGN ASSISTANCE FOR REIMBURSEMENTS FOR DRUG CROP ERADICATIONS.—Funds made avail-

able to carry out this Act may not be used to reimburse persons whose illicit drug crops are eradicated.". SEC. 610. ASSISTANCE FOR JAMAICA.

22 USC 2346.

In allocating assistance for Jamaica for fiscal year 1986 under chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund), the President shall give major consideration to whether the Government of Jamaica has prepared, presented, and committed itself to a comprehensive plan or strategy for the control and reduction of illicit cultivation, production, processing, transportation, and distribution of marijuana within a specifically stated period of time. SEC. 611. ASSISTANCE FOR BOLIVIA.

22 USC 2311, 2346, 2347. 22 USC 2761.

Agriculture and agricultural commodities.

Assistance may be provided to Bolivia for fiscal years 1986 and 1987 under chapter 2 (relating to grant military assistance), chapter 4 (relating to the economic support fund), and chapter 5 (relating to international military education and training) of part II of the Foreign Assistance Act of 1961, and under chapter 2 of the Arms Export Control Act (relating to foreign military sales financing), only under the following conditions: (1) For fiscal year 1986— (A) up to 50 percent of the aggregate amount of such assistance allocated for Bolivia may be provided at any time after the President certifies to the Congress that the Government of Bolivia has enacted legislation that will establish its legal coca requirements, provide for the licensing of the number of hectares necessary to produce the legal requirement, and make unlicensed coca production illegal; and (B) the remaining amount of such assistance may be provided at any time following a certification pursuant to subparagraph (A) if the President certifies to the Congress that the Government of Bolivia achieved the eradication targets for the calendar year 1985 contained in its 1983 narcotics agreements with the United States. (2) For fiscal year 1987, such assistance may not be provided unless the President certifies to the Congress that the Government of Bolivia has developed a plan to eliminate illicit narcotics production countrywide and is prepared to enter into an agreement with the United States to implement that plan. If that certification is made, then— (A) up to 50 percent of the aggregate amount of such assistance allocated for Bolivia may be provided at any time after the President certifies to the Congress that the Government of Bolivia has achieved at least half of the eradication target for the calendar year 1986 agreed to by the United States and the Government of Bolivia; and (B) the remaining amount of such assistance may be provided at any time after the President certifies to the

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/253

 PUBLIC LAW 99-83—AUG. 8, 1985

99 STAT. 231

Congress that the Government of Bolivia fully achieved that eradication target. SEC. 612. ASSISTANCE TO PERU.

(a) CONDITIONS ON ASSISTANCE.—United States assistance (asi defined by section 481(i)(4) of the Foreign Assistance Act of 1961) may be provided for Peru— (1) for Hscal year 1986, only if the President reports to the Congress that the Government of Peru has demonstrated substantial prepress in developing a plan that will establish its l ^ a l coca requirements, license the number of hectares necessary to produce the legal requirement, and eliminate illicit and unlicensed coca production; and (2) for fiscal year 1987, only if the President reports to the Congress that the Government of Peru has developed such a plan and is implementing it. (b) UPPER HUALLAGA VALLEY PROJECT.—Funds authorized to be appropriated for fiscal year 1987 to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance) may be made available for the project of the Agency for International Development in the Upper Huallaga Valley of Peru only if the Administrator of that Agency, after consultation with the Congress, determines that a comprehensive review of that project has been completed which establishes the effectiveness of that project in reducing and eradicating coca leaf production, distribution, and marketing in the Upper Huallaga Valley. The assistance for Peru described in this subsection may be provided only if the report r ^ u i r e d by subsection (a)(2) has been submitted to the Congress.

22 USC 2291. Agriculture and agricultural commodities.

Agriculture and agricultural commodities. 22 USC 2151.

SEC. 613. REALLOCATION OF FUNDS IF CONDITIONS NOT MET.

If any of the assistance described in section 611 is not provided for President of U.S. Bolivia because the conditions specified in that section are not met, or if any of the assistance described in sections 612(a) is not provided for Peru because the conditions specified in that section are not met, the President shall reprogram such assistance in order to provide additional assistance to countries which have taken significant steps to halt illicit drug production or trafficking. SEC. 614. CONDITIONS ON UNITED STATES CONTRIBUTIONS TO THE UNITED NATIONS FUND FOR DRUG ABUSE CONTROL.

Section 482(a) of the Foreign Assistance Act of 1961 is amended by 22 USC 2291a. adding at the end thereof the following new subsection: "(3) Funds authorized to be appropriated by this section for flsK^al year 1986 and for fiscal year 1987 may be used for a contribution to the United Nations Fund for Drug Abuse Control only if that organization includes in its crop substitution projects a plan for cooperation with the law enforcement forces of the host country.". SEC. 615. LATIN AMERICAN REGIONAL NARCOTICS CONTROL ORGANIZATION.

(a) FEASIBILITY STUDY.—The Secretary of State, with the assist- Law enforceance of the National Drug Enforcement Policy Board, shall conduct ment. a study of the feasibility of establishing a regional organization in Latin America which would combat narcotics production and trafficking through regional information-sharing and a regional enforcement unit.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/254

 99 STAT. 232

PUBLIC LAW 99-83—AUG. 8, 1985 (b) REPORT.—No later than six months after the date of enactment of this Act, a report on the advisability of encouraging the establishment of such an organization shall be submitted to the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate. SEC. 616. GREATER EFFORT BY UNITED STATES ARMED FORCES TO SUPPORT NARCOTICS CONTROL EFFORTS ABROAD.

President of U.S. No later than 60 days after the date of enactment of this Act, the Report. President shall report to the Congress on why the United States Armed Forces should not exert greater effort in facilitating and supporting interception of narcotics traffickers, and in gathering narcotics-related intelligence, outside the United States. SEC. 617. CUBAN DRUG TRAFFICKING.

fc.ii '• ' i *

18 UST 1407, 32 UST 543.

(a) FINDINGS.—The Congress finds that— (1) the subject of the flow, use, and control of narcotic and psychotropic substances is a matter of great international importance; (2) the problem of drug abuse and drug trafficking continues to worsen throughout most parts of the world; (3) the concerns of the governments of many countries have become manifest in several bilateral and multilateral narcotics control projects; (4) United Nations agencies monitor and apply controls on the flow and use of drugs and coordinate multilateral efforts to control production, trafficking, and abuse of drugs; (5) the United Nations Fund for Drug Abuse Control funds narcotics projects throughout the world and has been a vehicle since 1971 for multilateral implementation of narcotics control and reduction programs; (6) the International Narcotics Control Board is charged with monitoring compliance with the Single Convention on Narcotic Drugs, 1961, and the Convention on Psychotropic Substances, and Cuba is a party to both Conventions; (7) the United Nations Commission on Narcotic Drugs is responsible for formulating policies, coordinating activities, supervising the implementation of international conventions, and making recommendations to governments for international drug control; (8) the promotion of drug abuse and participation in drug trafficking is universally considered egregious criminal behavior wherever it occurs, whether it occurs locally, nationally, or internationaly; (9) a Federal grand jury of the United States has indicted four prominent Cuban officials on charges of conspiring to smuggle drugs into the United States; (10) United States Government officials have testified at several congressional hearings that the Government of Cuba is facilitating the flow of illicit drugs into the United States in order to obtain hard currency, support guerrilla/terrorist activities, and undermine United States society; and (11) such alleged conduct on the part of the Government of Cuba would be injurious to the world community and counter to the general principle of international law that no country has

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/255

 PUBLIC LAW 99-83—AUG. 8, 1985 the right to use or permit the use of its territory in such a manner as to injure another country or persons therein, (b) RECOMMENDED ACTIONS.—It is the sense of the Congress that the President should— (1) acting through the Permanent Representative of the United States to the United Nations, take such steps as may be necessary to place the question of the involvement by the Government of Cuba in illicit drug trafficking on the agenda of the United Nations; (2) acting through the Representative of the United States to the Organization of American States, request the Organization of American States to consider this question as soon as possible; and (8) request other appropriate international organizations and international forums to consider this question. (c) REPORT.—The President shall report to the Congress on the actions taken pursuant to this section. SEC. 618. PROHIBITION ON ASSISTANCE TO COUNTRIES WHICH DO NOT TAKE ADEQUATE STEPS TO HALT DRUG TRAFFICKING. Section 481(h) of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new paragraph: "(4) In addition to the requirements applicable to major illicit drug producing countries pursuant to paragraph (1), the President shall not provide any assistance under this Act or the Arms Export Control Act to any other country which the President determines has not taken adequate steps to prevent— "(A) the processing (in whole or in part) in such country of narcotic and psychotropic drugs or other controlled substances, "(B) the transportation through such country of narcotic and psychotropic drugs or other controlled substances, and "(C) the use of such country as a refuge for illegal drug traffickers.". SEC. 619. DRUG TRAFFICKING AND THE PROBLEM OF TOTAL CONFIDENTIALITY OF CERTAIN FOREIGN BANK ACCOUNTS. (a) FINDINGS.—The Congress finds that— (1) several banks in Latin America and the Caribbean are used by narcotics traffickers as depositories for money obtained in providing illicit drugs to the United States and other countries of the region; (2) offshore banks which provide total confidentiality provide a service which materially assists the operations of illicit drug traffickers; and (3) cooperation in gaining access to the bank accounts of such narcotics traffickers would materially assist United States authorities in controlling the activities of such traffickers. (b) POLICY.—The Congress— (1) requests the President to negotiate treaties or appropriate international agreements with all countries providing confidential banking services (giving high priority to countries in the Caribbean region) to provide disclosure to the United States Government of information contained in official records, and in records of bank accounts, concerning persons under investigation for violations of United States law, in particular those regarding international drug trafficking;

99 STAT. 233

22 USC 2291.

22 USC 2751 ^°^-

xoy ^

22 USC 2291 note.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/256

 99 STAT. 234

PUBLIC LAW 99-83—AUG. 8, 1985 (2) directs the President to include reports on the results of such efforts in the annual International Narcotics Control Strategy Report; and (3) reaffirms its intention to obtain maximum cooperation on the part of all governments for the purpose of halting international drug trafficking, and constantly to evaluate the cooperation of those governments receiving assistance from the United States. TITLE VII—WESTERN HEMISPHERE SEC. 701. CENTRAL AMERICA DEMOCRACY, PEACE, AND DEVELOPMENT INITIATIVE.

Part I of the Foreign Assistance Act of 1961 is amended by adding after chapter 5 the following new chapter:

"CHAPTER 6—CENTRAL AMERICA DEMOCRACY, PEACE, AND DEVELOPMENT INITIATIVE 22 USC 2271.

Human rights.

461. STATEMENT OF POLICY.—(a) The Congress finds that ' l l) the building of democracy, the restoration of peace, the improvement of living conditions, and the application of equal justice under law in Central America are important to the interests of the United States and the community of American States; and "(2) the interrelated issues of social and human progress, economic growth, political reform, and regional security must be effectively dealt with to assure a democratic and economically and politically secure Central America. "(b)(1) The achievement of democracy, respect for human rights, peace, and equitable economic growth depends primarily on the cooperation and the human and economic resources of the people and governments of Central America. The Congress recognizes that the United States can make a significant contribution to such peaceful and democratic development through a consistent and coherent policy which includes a long-term commitment of assistance. This policy should be designed to support actively— "(A) democracy and political reform, including opening the political process to all members of society; "(B) full observance of internationaly recognized human rights, including free elections, freedom of the press, freedom of association, and the elimination of all human rights abuses; "(C) leadership development, including training and educational programs to improve public administration and the administration of justice; "(D) land reform, reform in tax systems, encouragement of private enterprise and individual initiative, creation of favorable investment climates, curbing corruption where it exists, and spurring balanced trade; "(E) the establishment of the rule of law and an effective judicial system; and "(F) the termination of extremist violence by both the left and the right as well as vigorous action to prosecute those guilty of crimes and the prosecution to the extent possible of past offenders. "SEC.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/257

 PUBLIC LAW 99-83—AUG. 8, 1985

99 STAT. 235

"(2) The policy described in paragraph (1) should also promote equitable economic growth and development, including controlling the flight of capital and the effective use of foreign assistance and adhering to approved programs for economic stabilization and fiscal responsibility. Finally, this policy should foster dialog and negotiations— "(A) to achieve peace based upon the objectives of democratization, reduction of armament, an end to subversion, and the withdrawal of foreign military forces and advisers; and "(B) to provide a security shield against violence and intimidation. "(3) It is the purpose of this chapter to establish the statutory framework and to authorize the appropriations and financing necessary to carry out the policy described in this section. "(c) The Congress finds, therefore, that the people of the United States are willing to sustain and expand a program of economic and military assistance in Central America if the recipient countries can demonstrate progress toward and a commitment to these goals. "SEC. 462. CONDITIONS ON FURNISHING ASSISTANCE.—The Presi-

dent shall ensure that assistance authorized by this Act and the Arms Export Control Act to Central American countries is furnished in a manner which fosters demonstrated progress toward and commitment to the objectives set forth in section 461. Where necessary to achieve this purpose, the President shall impose conditions on the furnishing of such assistance. In carrying out this section, the President shall consult with the Congress in regard to progress toward the objectives set forth in section 461, and any conditions imposed on the furnishing of assistance in furtherance of those objectives. "SEC. 463. PEACE PROCESS IN CENTRAL AMERICA.—The Congress—

"(1) strongly supports the initiatives taken by the Contadora group and the resulting Document of Objectives which has been agreed to by Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua and which sets forth a framework for negotiating a peaceful settlement to the conflict and turmoil in the region; and "(2) finds that the United States should provide such assistance and support as may be appropriate in helping to reach comprehensive and verifiable final agreements, based on the Document of Objectives, which will ensure peaceful and enduring solutions to the Central American conflicts. "SEC. 464. ECONOMIC ASSISTANCE COORDINATION.—(a) The Congress finds that participation by Central American countries in an effective forum for dialog on, and the continuous review and advancement of. Central America's political, economic, and social development would foster cooperation between the United States and Central American countries. "(b) It is the sense of the Congress that— "(1) the President should enter into negotiations with the countries of Central America to establish a Central American Development Organization (hereafter in this section referred to as the 'Organization') to help provide a continuous and coherent approach to the development of the Central American region; and "(2) the establishment of the Organization should be based upon the following principles:

51-194

O

-

9: QL. 3

Part 1

President of U.S. 22 USC 2272. 22 USC 2751 note.

International agreements. 22 USC 2273.

22 USC 2274.

Central American Development Organization, establishment.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/258

 99 STAT. 236

PUBLIC LAW 99-83—AUG. 8, 1985

"(A) Participation in the Organization should be open to the United States, other donors, and those Central American countries that commit themselves to, among other things, respecting internationaly recognized human rights, building democracy, and encouraging equitable economic growth through policy reforms. "(B) The Organization should be structured to include representatives from both the public and private sectors, including representatives from the labor, agriculture, and business communities. "(C) The Organization should meet periodically to carry out the functions described in subparagraphs (D) and (E) of this paragraph and should be supported by a limited professional secretariat. "(D) The Organization should make recommendations affecting Central American countries on such matters as— "(i) political, economic, and social development objectives, including the strengthening of democratic pluralism and the safeguarding of internationaly recognized human rights; "(ii) mobilization of resources and external assistance needs; and "(iii) reform of economic policies and structures. "(E) The Organization should have the capacity for monitoring country performance on recommendations issued in accordance with subparagraph (D) of this paragraph and for evaluating progress toward meeting such country objectives. "(F) To the maximum extent practicable, the United States should follow the recommendations of the Organization in disbursing bilateral economic assistance for any Central American country. No more than 75 percent of Prohibition. such United States assistance in any fiscal year should be disbursed until the recommendations of the Organization for that fiscal year have been made final and communicated to the donor countries. The limitation on disbursements contained in the preceding sentence should apply only to recommendations made final and communicated to donor countries prior to the fourth quarter of such fiscal year. The United States representative to the Organization should urge other donor countries to similarly implement the recommendations of the Organization. "(G) The administrator of the agency primarily responsible for administering part I of this Act, or his designee, 22 USC 2151. should represent the United States Government in the Organization and should carry out his functions in that capacity under the continuous supervision and general direction of the Secretary of State. "(c) Subject to subsection (d)(2), the President is authorized to President of U.S. participate in the Organization. "(d)(1) The administrator of the agency primarily responsible for administering part I of this Act, under the supervision and direction of the Secretary of State, shall prepare a detailed proposal to carry out this section and shall keep the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate fully and currently informed concerning the development of this proposal.

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/259

 PUBLIC LAW 99-83—AUG. 8, 1985 "(2) The President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a copy of the text of any agreement, which he proposes to sign, that would provide for the establishment of and United States participation in the Organization no less than sixty days prior to his signature. During that sixty-day period there shall be full and formal consultations with and review by those committees in accordance with procedures applicable to reprogramming notifications pursuant to section 634A of this Act. "SEC. 465. AUTHORIZATIONS FOR FISCAL YEARS 1988 AND 1989.—(a)

In addition to amounts otherwise available for such purposes, there are authorized to be appropriated to the President, for the purpose of furnishing nonmilitary assistance for Central American countries, $1,200,000,000 for each of the fiscal years 1988 and 1989, which are authorized to remain available until expended. "(b) For the purpose of providing the assistance described in subsection (a), funds appropriated pursuant to the authorizations in that subsection may be transferred by the President for obligation in accordance with the authorities of part I of this Act (including chapter 4 of part II), the Peace Corps Act, the Migration and Refugee Assistance Act of 1962, the United States Information and Education Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961, the National Endowment for Democracy Act, and the State Department Basic Authorities Act of 1956. "SEC. 466. DEFINITIONS.—For the purposes of this chapter, the term 'Central American countries' includes Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama, and regional programs which benefit such countries.".

99 STAT. 237 President of U.S.

Post, p. 278. 22 USC 2275.

22 USC 2151. 22 USC 2346, 2501 note. 22 USC 2601 note, 1431 note, 2451 note, 4411 note, 2651 note. 22 USC 2276.

SEC. 702. EL SALVADOR.

(a) SUPPORT FOR E L SALVADOR.—(1) The Congress finds that— Human rights. (A) a free and democratic El Salvador is in the security Jose Napoleon Duarte. interest of the United States; (B) Jose Napoleon Duarte was elected President of El Salvador in 1984 in the most democratic election held in El Salvador in many years; (C) political violence in El Salvador has declined dramatically under President Duarte's leadership; (D) President Duarte's policies of respect for human rights, political pluralism, dialogue and reconciliation with the Salvadoran guerrilla forces, legal and social reform, and effective defense against the violent overthrow of the Salvadoran government are deserving of praise from all who believe in a democratic form of government; (E) the March 31, 1985, legislative and municipal elections were successfully carried out, with 64 percent of the electorate defying guerrilla attacks to vote; (F) the victory of President Duarte's Christian Democratic Party reaffirms the support for these policies by his fellow citizens, the essential test of any government or movement; (G) in spite of the state of siege technically in effect due t a the insurgent threat, observance of free speech, free press, and free assembly are widely enjoyed in El Salvador and permit public airing of opposing political views; (H) President Duarte is firmly committed to judicial reform and prosecution of cases involving "death squads";

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/260

 99 STAT. 238

PUBLIC LAW 99-83—AUG. 8, 1985

(I) President Duarte's leadership and popular support has notably weakened the popular support given the guerrillas, as evidenced by the high levels of voter participation in the free elections held in El Salvador since 1982, the reduction in territory in which the guerrillas can freely operate, their inability to mount frontal military attacks, and their resort to economic sabotage, ambushes, political assassination, and urban terrorism with blatant disregard for basic human rights; and (J) President Duarte has succeeded in reversing the decline in his country's economy which, though still weak, has better prospects than in recent years. (2) Therefore, it is the sense of the Congress that— (A) President Duarte is to be congratulated for his outstanding leadership under difficult circumstances and for his efforts to foster democratic government and institutions in his country, and he is encouraged to continue his efforts to promote political pluralism, democratic institutions, and respect for human rights in his country; and (B) the armed services of El Salvador are to be congratulated for their improved performance and professionalism in defending Salvadoran citizens and their democratically elected government from attack by armed insurgents, and especially for their role in helping to protect and uphold the electoral process. (3) The Congress reaffirms the importance of continued support for democratic principles and institutions and respect for human rights by the various sectors of Salvadoran society, which is a major factor in United States support for El Salvador. (b) OBJECTIVES.—The Congress expects that— (1) the Government of El Salvador will be willing to pursue a dialogue with the armed opposition forces and their political representatives for the purposes of achieving an equitable political settlement of the conflict, including free and fair elections; (2) the elected civilian government will be in control of the Salvadoran military and security forces, and those forces will comply with applicable rules of international law and with Presidential directives pertaining to the protection of civilians during combat operations, including Presidential directive C111-03-984 (relating to aerial fire support); (3) the Government of El Salvador will make demonstrated progress, during the period covered by each report pursuant to subsection (c), in ending the activities of the death squads; (4) the Government of El Salvador will make demonstrated progress, during the period covered by each report pursuant to subsection (c), in establishing an effective judicial system; and (5) the Government of El Salvador will make demonstrated progress, during the period covered by each report pursuant to subsection (c), in implementing the land reform program. (c) REPORTS.—On October 1, 1985, April 1, 1986, October 1, 1986, President of U.S. and April 1, 1987, the President shall report to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate on the extent to which the objectives described in subsection (b) are being met. With respect to the objective described in paragraph (4) of that subsection, each report shall discuss whether the commission proposed by the President of El Salvador to investigate human rights cases has been established, funded, and given sufficient investigative powers; whether the evidence that commission collects may be used in the Salvadoran

�


text:
Page:United States Statutes at Large Volume 99 Part 1.djvu/261

 PUBLIC LAW 99-83—AUG. 8, 1985

99 STAT. 239

judicial process; whether that commission has issued a comprehensive report with regard to its investigation of all Americans murdered in El Salvador; and whether those responsible for the Las Hojas massacre are being prosecuted. (d) AIRCRAFT FOR AERIAL WARFARE.—(1) The authorities of part II of the Foreign Assistance Act of 1961 and the Arms Export Control 22 USC 2301. Act may not be used to make available to El Salvador any heli- 22 USC 2751 copters or other aircraft, and licenses may not be issued under note. section 38 of the Arms Export Control Act for the export to El 22 USC 2778. Salvador of any such aircraft, unless the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified at least 15 days in advance in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961. Post, p. 278. (2) Paragraph (1) shall take effect on the date of enactment of this Effective date. Act and shall remain in effect until October 1, 1987. (e) SPECIAL ACCOUNT FOR LOCAL CURRENCIES.—(1) All local currencies, which are generated with the funds provided to El Salvador for balance-of-payments support for fiscal years 1986 and 1987 under chapter 4 of part II of the Foreign Assistance Act of 1961 22 USC 2346. (relating to the economic support fund), shall be deposited in accordance with section 609 of that Act in a special account established by 22 USC 2359. the Government of El Salvador. (2) Local currencies deposited pursuant to paragraph (1) shall be used for projects assisting agrarian reform and the agricultural sector (and particular emphasis shall be placed on projects for these purposes); judicial reform; employment generation; health, education, and other social services; infrastructure repair; and credits and other support for the private sector (principally for small and medium sized businesses). (3) For purposes of this subsection— (A) the term "agrarian reform" means projects assisting or enhancing the abilities of agencies, cooperatives, and farms to implement land reform decrees in El Salvador, notwithstanding section 620(g) of the Foreign Assistance Act of 1961; and 22 USC 2370. (B) the term "judicial reform" means projects assisting or enhancing the abilities of agencies of the Salvadoran Government to investigate and prosecute politically motivated violence. (f) DEVELOPMENT ASSISTANCE.—Of the amounts available to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, 22 USC 2151. $79,600,000 for fiscal year 1986 and $79,600,000 for fiscal year 1987 shall be available only for El Salvador. (g) SUSPENSION OF ASSISTANCE IF A MILITARY COUP OCCURS.—All

assistance authorized by this Act which is allocated for El Salvador shall be suspended if the elected President of that country is deposed by military coup or decree. SEC. 703. ASSISTANCE FOR GUATEMALA.

(a) CONDITIONS ON MILITARY ASSISTANCE AND SALES.—For fiscal years 1986 and 1987, assistance may be provided for Guatemala under chapter 2 of part II of the Foreign Assistance Act of 1961 22 USC 2311. (relating to grant military assistance) and sales may be made and financing may be provided for Guatemala under the Arms Export Control Act (relating to foreign military sales) only if the President 22 USC 2751 note. makes the following certifications to the Congress:

�