Notes on 22 U.S.C. § 2151 : US Code - Notes
Search Notes on 22 U.S.C. § 2151 : US Code - Notes
(Pub. L. 87-195, pt. I, Sec. 101, formerly Sec. 102, Sept. 4, 1961,
75 Stat. 424; Pub. L. 87-565, pt. I, Sec. 101, Aug. 1, 1962, 76
Stat. 255; Pub. L. 88-205, pt. I, Sec. 101(c), Dec. 16, 1963, 77
Stat. 379; Pub. L. 89-171, pt. I, Sec. 101, Sept. 6, 1965, 79 Stat.
653; Pub. L. 89-583, pt. I, Sec. 101, Sept. 19, 1966, 80 Stat. 796;
Pub. L. 90-137, pt. I, Sec. 101, Nov. 14, 1967, 81 Stat. 445; Pub.
L. 93-189, Sec. 2(2), Dec. 17, 1973, 87 Stat. 714; Pub. L. 94-161,
title III, Sec. 301, Dec. 20, 1975, 89 Stat. 855; Pub. L. 95-88,
title I, Secs. 101, 113(b), Aug. 3, 1977, 91 Stat. 533, 538;
renumbered and amended Pub. L. 95-424, title I, Sec. 101, Oct. 6,
1978, 92 Stat. 937; Pub. L. 106-309, title II, Sec. 203(a), Oct.
17, 2000, 114 Stat. 1091.)
REFERENCES TO SUBCHAPTER I DEEMED TO INCLUDE CERTAIN PARTS OF
SUBCHAPTER II
References to subchapter I of this chapter are deemed to include
parts IV (Sec. 2346 et seq.), VI (Sec. 2348 et seq.), and VIII
(Sec. 2349aa et seq.) of subchapter II of this chapter, and
references to subchapter II are deemed to exclude such parts. See
section 202(b) of Pub. L. 92-226, set out as a note under section
2346 of this title, and sections 2348c and 2349aa-5 of this title.
AMENDMENTS
2000 - Subsec. (a). Pub. L. 106-309 substituted "five principal
goals" for "four principal goals" in introductory provisions of
third paragraph and added par. (5).
1978 - Subsec. (a). Pub. L. 95-424, in setting forth a new
declaration of policy generally substituted four principal goals of
development cooperation policy, they being (1) the alleviation of
the worst manifestations of poverty, (2) self-sustained economic
growth, (3) respect for civil and economic rights, and (4) the
integration of the developing countries into an open and equitable
economic system, for former seven pars. relating to: (1) primary
responsibility for development being in the less developed
countries themselves; (2) the active involvement of many countries;
(3) the encouragement of regional cooperation; (5) assistance being
of such nature as to help United States balance of payments; (6)
furnishing of assistance in such manner as to promote efficiency,
and (7) the furnishing of agricultural commodities, etc., to
complement assistance under this subchapter.
Subsec. (b). Pub. L. 95-424 substituted provisions relating to
the responsibility of the agency primarily responsible for
administering the program for coordination of all development
related activities, for former seven criteria for restructuring
relationships with less developed countries, those criteria being:
(1) sharing of technical expertise; (2) focusing on critical
problems affecting the majority of the people; (3) use of the
private sector; (4) development goals as the responsibility of each
sovereign nation; (5) priority to undertakings directly improving
the lives of the poorest people; (6) private investment in
development programs; and (7) responsibility for coordination of
activities with the agency having primary responsibility for
administering this part.
Subsecs. (c) to (e). Pub. L. 95-424 struck out subsecs. (c) to
(e).
1977 - Subsec. (a). Pub. L. 95-88, Sec. 113(b)(1), inserted
"environment and natural resources" to enumeration of fundamental
needs of the people of less developed countries which development
assistance must be used in meeting.
Subsec. (b)(2). Pub. L. 95-88, Sec. 113(b)(2), inserted
"environment and natural resources;" after "population planning and
health;".
Subsec. (d). Pub. L. 95-88, Sec. 101(a), substituted provisions
under which the President developed the criteria and factors to be
used in assessing the commitment and progress of countries in
meeting the objectives set forth in subsec. (c) and transmitted a
report by Jan. 31, 1978, to the Speaker of the House and to the
Committee on Foreign Relations of the Senate for provisions under
which the President had established the criteria without
Congressional involvement.
Subsec. (e). Pub. L. 95-88, Sec. 101(b), added subsec. (e).
1975 - Subsecs. (c), (d). Pub. L. 94-161 added subsecs. (c) and
(d).
1973 - Pub. L. 93-189 designated existing provisions as subsec.
(a) and added subsec. (b).
1967 - Pub. L. 90-137, in providing a new statement of policy,
reaffirming basic foreign assistance principles, and recognizing
new problems and need for new priorities, substituted five pars.
concerned with (1) freedom, security, prosperity, aggression,
subversion, ignorance, want, despair, and national security; (2)
economic cooperation and trade among countries, etc. (a reenactment
of former sixth par. less provision for resort to international law
procedures in adjudication of issues among friendly countries in
support of such economic cooperation, etc.); (3) seven principles
pertaining to: self-help efforts and responsibility of the country,
multilateral basis of involvement and cooperation, regional
cooperation, food production and voluntary family planning, balance
of payments, maximum dollar effectiveness, and coordination of
overall assistance; (4) Permanent Peace in the Middle East; and (5)
suspension of assistance after severance of diplomatic relations
for former sixteen pars. relating to: (1) dignity and
interdependence of man, and freedom; (2) resources development,
living standards improvement, and aspirations for justice,
education, etc., now covered in par. (1); (4) free economic
institutions and flow of private investment capital; (5) investment
guaranties; (6) economic cooperation and trade among countries,
etc., as described for par. (2); (7) long-range continuity and
disposal of surplus property and agricultural crops; (8) world
peace, national security, and dangers of international communism;
(9) countries sharing United States views on world crisis; (10)
loan guarantees and related technical assistance and development
program; (11) regional organizations for mutual assistance; (12)
prohibition of assistance for short-term emergency purposes; (13)
common undertaking of countries to meet goals; (14) discretionary
assistance by the President to South Vietnam to gain victory in the
war against communism and return to homeland of Americans from that
struggle; (15) damage or destruction by mob action of United States
property and termination of assistance, now covered in section
2370(j) of this title; and (16) use of United States Armed Forces,
now covered in section 2409 of this title.
1966 - Pub. L. 89-583 provided for termination of assistance to
any foreign country which does not take appropriate measures to
provide compensation for damage or destruction by mob action of
United States property within such country and declared that
furnishing assistance shall not be construed as creating a new
commitment or as affecting any existing commitment to use armed
forces of the United States for the defense of any foreign country.
1965 - Pub. L. 89-171 added expressions of the sense of Congress
that in furnishing assistance under this subchapter excess personal
property shall be utilized wherever practicable in lieu of the
procurement of new items for United States-assisted projects and
programs and that assistance under this chapter and other statutes
should be terminated to any country permitting damage to or
destruction of U.S. property within such country by mob action or
by failing to take adequate preventive measures.
1963 - Pub. L. 88-205 declared that institution of full
investment guaranty programs with all recipient countries would be
regarded as a significant measure of self-help by such countries
improving investment climate, that assistance to maintain freedom
from communism "shall" rather than "should" emphasize long-range
development, that in the administration of programs of assistance,
every precaution be taken to assure that assistance is not diverted
to any short-term emergency purpose or any purpose not essential to
long-range economic development, that other industrialized free-
world countries increase their contributions and assistance to
more equitably share the burden, and the President should in his
discretion, extend or withhold assistance from South Vietnam to
further victory and the return home of Americans involved in the
struggle there.
1962 - Pub. L. 87-565 declared distinctions made by foreign
nations between American citizens because of race, color, or
religion, relating to rights available to such citizens, to be
repugnant to our principals, required in the administration of
these funds, that consideration be given those countries sharing
our world views and which do not divert their resources to military
or propaganda efforts, supported by the Soviet Union or Communist
China, against the United States or countries receiving aid under
this chapter, that the highest emphasis be given to programs for
loans or loan guarantees for use by organizations in making low-
interest loans to individuals in friendly countries for the
purchase of small farms, purchase of homes, aiding or establishing
small businesses, purchase of tools and equipment for an occupation
or trade, or to obtain practical education in vocational skills,
and to programs of technical assistance and development, each
assisted country should be encouraged to recognize needs of the
people in the preparation of national development programs, and
declared that friendly nations are to be invited, where possible,
to join in missions to consult with countries receiving assistance
on the possibilities of joint action to assure effective
development of economic development plans and effective use of
assistance provided them, and that the President may request
international financial institutions to assist in establishing such
missions.
EFFECTIVE DATE OF 1979 AMENDMENT
Pub. L. 96-53, title V, Sec. 512, Aug. 14, 1979, 93 Stat. 380,
provided that:
"(a) Except as provided in subsection (b) of this section and in
section 503(b) [set out as an Effective Date of 1979 Amendment note
under section 2385a of this title] this Act [see Short Title of
1979 Amendments note below] shall take effect on October 1, 1979.
"(b) Sections 114(b) [not classified to the Code], 123 [amending
a provision set out as a note below], 501 [not classified to the
Code], and 509 [set out as a note below] of this Act shall take
effect on the date of enactment of this Act [Aug. 14, 1979]."
EFFECTIVE DATE OF 1978 AMENDMENT
Section 605 of Pub. L. 95-424 provided that: "The amendments made
by this Act [see Short Title of 1978 Amendment note below] shall
take effect on October 1, 1978."
SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109-165, Sec. 1, Jan. 10, 2006, 119 Stat. 3574, provided
that: "This Act [enacting and amending provisions set out as notes
under section 2152 of this title] may be cited as the 'Torture
Victims Relief Reauthorization Act of 2005'."
SHORT TITLE OF 2005 AMENDMENT
Pub. L. 109-95, Sec. 1, Nov. 8, 2005, 119 Stat. 2111, provided
that: "This Act [enacting sections 2152f and 2152g of this title
and provisions set out as notes under sections 2152f and 2152g of
this title] may be cited as the 'Assistance for Orphans and Other
Vulnerable Children in Developing Countries Act of 2005'."
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108-484, Sec. 1, Dec. 23, 2004, 118 Stat. 3922, provided
that: "This Act [enacting sections 2211 to 2211d, 2214, and 2214a
of this title, amending sections 2212 and 2213 of this title,
transferring sections 2151f and 2152b of this title to sections
2212 and 2213, respectively, of this title, repealing section 2152a
of this title, enacting provisions set out as notes under section
2211 of this title, and amending provisions set out as a note under
section 2212 of this title] may be cited as the 'Microenterprise
Results and Accountability Act of 2004'."
SHORT TITLE OF 2003 AMENDMENTS
Pub. L. 108-179, Sec. 1, Dec. 15, 2003, 117 Stat. 2643, provided
that: "This Act [enacting and amending provisions set out as notes
under section 2152 of this title] may be cited as the 'Torture
Victims Relief Reauthorization Act of 2003'."
Pub. L. 108-158, Sec. 1, Dec. 3, 2003, 117 Stat. 1949, provided
that: "This Act [amending sections 2193, 2194, 2195, 2198, and 2200
of this title] may be cited as the 'Overseas Private Investment
Corporation Amendments Act of 2003'."
SHORT TITLE OF 2002 AMENDMENTS
Pub. L. 107-246, Sec. 1, Oct. 23, 2002, 116 Stat. 1511, provided
that: "This Act [amending sections 2295 and 2295b of this title and
enacting provisions set out as notes under section 2295 of this
title] may be cited as the 'Russian Democracy Act of 2002'."
Pub. L. 107-228, div. A, title VI, Sec. 661, Sept. 30, 2002, 116
Stat. 1405, provided that: "This subtitle [subtitle E (Secs. 661-
665) of title VI of div. A of Pub. L. 107-228, enacting section
2151n-2 of this title, amending sections 2151n and 2304 of this
title, and enacting provisions set out as notes under sections
2151n and 2151n-2 of this title] may be cited as the 'Freedom
Investment Act of 2002'."
Pub. L. 107-228, div. B, title X, Sec. 1001, Sept. 30, 2002, 116
Stat. 1425, provided that: "This division [see Tables for
classification] may be cited as the 'Security Assistance Act of
2002'."
SHORT TITLE OF 2000 AMENDMENTS
Pub. L. 106-570, Sec. 1, Dec. 27, 2000, 114 Stat. 3038, provided
that: "This Act [enacting section 2151b-1 of this title and
enacting provisions set out as notes under this section and
sections 2151b-1, 2517, 2656, and 6901 of this title, section 1701
of Title 50, War and National Defense, and preceding section 28101
of Title 49, Transportation] may be cited as the 'Assistance for
International Malaria Control Act'."
Pub. L. 106-570, title I, Sec. 101, Dec. 27, 2000, 114 Stat.
3039, provided that: "This title [enacting section 2151b-1 of this
title and provisions set out as a note under section 2151b-1 of
this title] may be cited as the 'International Malaria Control Act
of 2000'."
Pub. L. 106-373, Sec. 1, Oct. 27, 2000, 114 Stat. 1427, provided
that: "This Act [amending sections 2220a to 2220c and 2220e of this
title] may be cited as the 'Famine Prevention and Freedom From
Hunger Improvement Act of 2000'."
Pub. L. 106-309, Sec. 1, Oct. 17, 2000, 114 Stat. 1078, provided
that: "This Act [enacting sections 2152a to 2152c and 2462 of this
title, amending this section and sections 287e-1, 2151-1, 2151f,
2151i, 2151aa, and 2395 of this title, and enacting provisions set
out as notes under this section and sections 2151f, 2151i, 2152b,
2152c, 2462, and 2517 of this title and section 402 of Title 10,
Armed Forces] may be cited as the 'Microenterprise for Self-
Reliance and International Anti-Corruption Act of 2000'."
Pub. L. 106-309, title I, Sec. 101, Oct. 17, 2000, 114 Stat.
1079, provided that: "This title [enacting sections 2152a and 2152b
of this title, amending section 2151f of this title, and enacting
provisions set out as notes under sections 2151f and 2152b of this
title] may be cited as the 'Microenterprise for Self-Reliance Act
of 2000'."
Pub. L. 106-309, title II, Sec. 201, Oct. 17, 2000, 114 Stat.
1090, provided that: "This title [enacting section 2152c of this
title, amending this section and sections 2151-1 and 2151aa of this
title, and enacting provisions set out as notes under section 2152c
of this title] may be cited as the 'International Anti-Corruption
and Good Governance Act of 2000'."
Pub. L. 106-309, title IV, Sec. 401(a), Oct. 17, 2000, 114 Stat.
1096, provided that: "This section [amending section 2151i of this
title and enacting provisions set out as notes under section 2151i
of this title] may be cited as the 'Support for Overseas
Cooperative Development Act'."
Pub. L. 106-280, Sec. 1(a), Oct. 6, 2000, 114 Stat. 845, provided
that: "This Act [enacting part IX (Sec. 2349bb et seq.) of
subchapter II of this chapter and sections 2305, 2347f, and 2347g
of this title, amending sections 2302, 2318, 2321h, 2321j, 2349aa-
4, 2415, 2776, 2778, 2797, and 6723 of this title, and enacting
provisions set out as notes under sections 2305, 2797, and 2797b of
this title] may be cited as the 'Security Assistance Act of 2000'."
Pub. L. 106-264, title II, Sec. 201, Aug. 19, 2000, 114 Stat.
758, provided that: "This title [amending section 2151b of this
title and enacting provisions set out as a note under section 2151b
of this title] may be cited as the 'International Tuberculosis
Control Act of 2000'."
SHORT TITLE OF 1999 AMENDMENTS
Pub. L. 106-158, Sec. 1, Dec. 9, 1999, 113 Stat. 1745, provided
that: "This Act [enacting section 4727a of Title 15, Commerce and
Trade, amending sections 2191a, 2193, 2195, and 2421 of this title
and section 4727 of Title 15, and enacting provisions set out as a
note under section 2191a of this title] may be cited as the 'Export
Enhancement Act of 1999'."
Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 596(a)],
Nov. 29, 1999, 113 Stat. 1535, 1501A-123, provided that: "This
section [enacting part XII of subchapter I of this chapter and
amending sections 5812 and 5814 of this title] may be cited as the
'Silk Road Strategy Act of 1999'."
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII, Sec.
1201], Nov. 29, 1999, 113 Stat. 1536, 1501A-497, provided that:
"This title [amending sections 2321h, 2321j, 2367, 2753, 2761,
2762, 2776, and 2779a of this title and section 301 of Title 13,
Census, and enacting provisions set out as notes under section 2551
of this title, sections 1 and 301 of Title 13, and section 2099 of
Title 50, Appendix, War and National Defense] may be cited as the
'Security Assistance Act of 1999'."
Pub. L. 106-87, Sec. 1, Nov. 3, 1999, 113 Stat. 1301, provided
that: "This Act [amending section 2152 of this title and provisions
set out as a note under section 2152 of this title] may be cited as
the 'Torture Victims Relief Reauthorization Act of 1999'."
SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104-319, Sec. 1, Oct. 19, 1996, 110 Stat. 3864, provided
that: "This Act [amending sections 277b, 2151n, and 2304 of this
title, enacting provisions set out as notes under this section and
section 2452 of this title, and amending provisions set out as
notes under sections 1157 and 1255 of Title 8, Aliens and
Nationality] may be cited as the 'Human Rights, Refugee, and Other
Foreign Relations Provisions Act of 1996'."
SHORT TITLE OF 1994 AMENDMENTS
Pub. L. 103-447, Sec. 1, Nov. 2, 1994, 108 Stat. 4691, provided
that: "This Act [amending sections 2291, 2291a, 2291e, 2291f, 2291h
to 2291k of this title, section 635 of Title 12, Banks and Banking,
section 981 of Title 18, Crimes and Criminal Procedure, section
1616a of Title 19, Customs Duties, and section 881 of Title 21,
Food and Drugs, repealing section 2291-2 of this title, enacting
provisions set out as notes under this section, sections 1928 and
2420 of this title, and section 1182 of Title 8, Aliens and
Nationality, amending provisions set out as a note under section
5311 of Title 31, Money and Finance, and repealing provisions set
out as notes under this section, sections 2291, 2291h, and 2420 of
this title, section 701 of Title 41, Public Contracts, and section
1902 of Title 46, Appendix, Shipping] may be cited as the
'International Narcotics Control Corrections Act of 1994'."
Pub. L. 103-392, Sec. 1, Oct. 22, 1994, 108 Stat. 4098, provided
that: "This Act [enacting section 2151t-1 of this title, amending
sections 2191, 2195, and 2421 of this title and sections 4052 and
4728 of Title 15, Commerce and Trade, and enacting provisions set
out as a note under section 4701 of Title 15] may be cited as the
'Jobs Through Trade Expansion Act of 1994'."
SHORT TITLE OF 1992 AMENDMENTS
Pub. L. 102-583, Sec. 1, Nov. 2, 1992, 106 Stat. 4914, provided
that Pub. L. 102-583 could be cited as the "International Narcotics
Control Act of 1992", prior to repeal by Pub. L. 103-447, title I,
Sec. 103(a), Nov. 2, 1994, 108 Stat. 4693.
Pub. L. 102-549, Sec. 1, Oct. 28, 1992, 106 Stat. 3651, provided
that: "This Act [enacting sections 2077, 2200b, 2421a to 2421e, and
2430 to 2430i of this title and section 4723a of Title 15, Commerce
and Trade, amending sections 2191, 2191a, 2194, 2195, 2197 to 2199,
2200a, 2421, and 5401 of this title, section 5314 of Title 5,
Government Organization and Employees, section 1738i of Title 7,
Agriculture, and sections 635q to 635s of Title 12, Banks and
Banking, repealing section 2296 of this title, enacting provisions
set out as notes under this section and sections 262s-2, 2296,
2421, and 2421a of this title, and amending provisions set out as a
note under this section] may be cited as the 'Jobs Through Exports
Act of 1992'."
Pub. L. 102-549, title VI, Sec. 601, Oct. 28, 1992, 106 Stat.
3664, provided that: "This title [enacting sections 2077 and 2430
to 2430i of this title, amending section 1738i of Title 7,
Agriculture, repealing section 2296 of this title, and enacting
provisions set out as a note under section 2296 of this title] may
be cited as the 'Enterprise for the Americas Act of 1992'."
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101-623, Sec. 1(a), Nov. 21, 1990, 104 Stat. 3350,
provided that: "This Act [enacting section 2151x-1 of this title
and section 3196 of Title 18, Crimes and Criminal Procedure,
amending sections 2291c, 2321k, 2346c, and 2360 of this title and
section 635 of Title 12, Banks and Banking, and enacting provisions
set out as notes under sections 2291, 2291h, and 2360 of this
title] may be cited as the 'International Narcotics Control Act of
1990'."
SHORT TITLE OF 1989 AMENDMENTS
Pub. L. 101-240, Sec. 1(a), Dec. 19, 1989, 103 Stat. 2492,
provided that: "This Act [enacting sections 262m-7, 262p-4g to 262p-
4k, 262r to 262r-2, 262s-1, 262t, 283z-5 to 283z-8, 286e-12,
286kk, 2281 to 2286, and 7901 to 7908 of this title and section
3904a of Title 12, Banks and Banking, amending sections 262d, 262m-
7, 262p-1, 262p-5, 262s-2, 282b, 283b, 283cc, 284b, 285b, 286b,
286e-9, 286k-1, 286s, 290g-2, 290i-3, and 290k-5 of this title and
sections 635 and 635i-3 of Title 12, transferring former section
262q of this title to section 262s of this title, and former
section 4722 of Title 15, Commerce and Trade, to section 262s-2 of
this title, repealing sections 262i, 262m-6, 276c-3, 283i, 286b-1,
and 286b-2 of this title, enacting provisions set out as notes
under this section, sections 262d, 283z-6, 2291, and 7901 of this
title, and sections 635, 3901, and 3904a of Title 12, amending
provisions set out as a note under section 262l of this title, and
repealing provisions set out as notes under sections 262g-2 and 283
of this title] may be cited as the 'International Development and
Finance Act of 1989'."
Pub. L. 101-240, title VII, Sec. 701, Dec. 19, 1989, 103 Stat.
2521, provided that: "This title [enacting sections 2281 to 2286
and 7901 to 7908 of this title and provisions set out as a note
under section 7901 of this title of this title] may be cited as the
'Global Environmental Protection Assistance Act of 1989'."
Pub. L. 101-231, Sec. 1(a), Dec. 13, 1989, 103 Stat. 1954,
provided that: "This Act [enacting section 2321k of this title,
amending sections 2291, 2291a, 2708, and 2795 of this title and
sections 2492 and 2495 of Title 19, Customs Duties, and enacting
provisions set out as notes under sections 2291 and 2708 of this
title] may be cited as the 'International Narcotics Control Act of
1989'."
Pub. L. 101-222, Sec. 1(a), Dec. 12, 1989, 103 Stat. 1892,
provided that: "This Act [amending sections 1732, 2364, 2371, 2753,
2776, 2778, and 2780 of this title and section 2405 of Title 50,
Appendix, War and National Defense, and enacting provisions set out
as a note under section 2371 of this title] may be cited as the
'Anti-Terrorism and Arms Export Amendments Act of 1989'."
SHORT TITLE OF 1988 AMENDMENTS
Pub. L. 100-690, title IV, Sec. 4001, Nov. 18, 1988, 102 Stat.
4261, provided that title IV of Pub. L. 100-690 could be cited as
the "International Narcotics Control Act of 1988", prior to repeal
by Pub. L. 103-447, title I, Sec. 103(b), Nov. 2, 1994, 108 Stat.
4693.
Pub. L. 100-461, title V, Sec. 555 [H.R. 5263, title I, Sec. 101,
and S. 2757, title I, Sec. 101], Oct. 1, 1988, 102 Stat. 2268-36,
provided that: "This title [amending sections 2191, 2194, 2194b,
2195, 2197, 2199, and 2200a of this title] may be cited as the
'Overseas Private Investment Corporation Amendments Act of 1988'."
SHORT TITLE OF 1986 AMENDMENTS
Pub. L. 99-570, title II, Sec. 2001, Oct. 27, 1986, 100 Stat.
3207-60, provided that title II of Pub. L. 99-570 could be cited as
the "International Narcotics Control Act of 1986", prior to repeal
by Pub. L. 103-447, title I, Sec. 103(c), Nov. 2, 1994, 108 Stat.
4694.
Pub. L. 99-529, Sec. 1, Oct. 24, 1986, 100 Stat. 3010, provided
that: "This Act [enacting section 2151p-1 of this title, amending
sections 290f, 2151b, 2151p, 2151q, 2222, 2291a, 2427, and 3929 of
this title, and enacting provisions set out as a note under section
290f of this title] may be cited as the 'Special Foreign Assistance
Act of 1986'."
SHORT TITLE OF 1985 AMENDMENTS
Pub. L. 99-204, Sec. 1, Dec. 23, 1985, 99 Stat. 1669, provided
that: "This Act [enacting sections 2191a and 2194b of this title,
amending sections 2191, 2194, 2195, and 2197 to 2200a of this title
and section 709 of Title 18, Crimes and Criminal Procedure,
repealing section 2200b of this title, enacting provisions set out
as a note under section 2191a of this title, and repealing
provisions set out as a note under section 2200a of this title] may
be cited as the 'Overseas Private Investment Corporation Amendments
Act of 1985'."
Pub. L. 99-83, Sec. 1(a), Aug. 8, 1985, 99 Stat. 190, provided
that: "This Act [enacting sections 2227, 2271 to 2276, 2291b, 2346
to 2346c, 2347c, 2347d, 2349aa-7 to 2349aa-9, 2511, 2521a, and
2770a of this title, section 469j of Title 16, Conservation, and
sections 1356b and 1515a of former Title 49, Transportation,
amending sections 290f, 290h-8, 290h-9, 2151-1, 2151a to 2151d,
2151f, 2151h, 2151s, 2151u, 2151x, 2151z, 2174, 2182, 2182a, 2184,
2201, 2222, 2291, 2291a, 2292a, 2304, 2311, 2312, 2314, 2321h,
2321i, 2346b, 2347a, 2348a, 2349aa-2, 2349aa-4, 2354, 2361, 2364,
2370, 2371, 2375, 2394, 2394-1, 2396, 2411, 2413, 2420, 2421, 2427,
2429a, 2501, 2502, 2504, 2506, 2510, 2522, 2523, 2752, 2753, 2761,
2763 to 2767, 2771, 2776, 2778, 2791, 2792, 2794, and 2795 of this
title, sections 1431, 1721, 1722, 1727a, and 1736b of Title 7,
Agriculture, section 7307 of Title 10, Armed Forces, and sections
1356, 1471, and 1515 of former Title 49, repealing sections 2293,
2294, 2346 to 2346c, 2346e to 2346i, and 2349aa-6 of this title,
enacting provisions set out as notes under this section and
sections 2151-1, 2151b, 2151u, 2291, 2346, 2374, 2429a, 2506, 2511,
2751, and 2778 of this title, section 4011 of Title 15, Commerce
and Trade, and section 1515 of former Title 49, amending provisions
set out as notes under sections 2370 and 2501 of this title, and
repealing provisions set out as a note under section 2293 of this
title] may be cited as the 'International Security and Development
Cooperation Act of 1985'."
Pub. L. 99-83, title VI, Sec. 601, Aug. 8, 1985, 99 Stat. 228,
provided that: "This title [enacting section 2291b of this title,
amending sections 2151x, 2291, and 2291a of this title, and
enacting provisions set out as a note under section 2291 of this
title] may be cited as the 'International Narcotics Control Act of
1985'."
SHORT TITLE OF 1983 AMENDMENTS
Pub. L. 98-164, title VII, Sec. 701, Nov. 22, 1983, 97 Stat.
1045, provided that: "This title [enacting section 2151q of this
title and amending section 2452 of this title] may be cited as the
'International Environment Protection Act of 1983'."
Pub. L. 98-151, Sec. 101(b)(2), Nov. 14, 1983, 97 Stat. 968,
provided in part that: "Section 101(b)(2) of this joint resolution
[enacting sections 2151f, and 2349aa to 2349aa-6 of this title,
amending sections 2304, 2346a, 2403, and 2771 of this title, and
enacting provisions set out as a note under section 2349aa of this
title] may be cited as the 'International Security and Development
Assistance Authorizations Act of 1983'."
SHORT TITLE OF 1981 AMENDMENTS
Pub. L. 97-113, Sec. 1, Dec. 29, 1981, 95 Stat. 1519, provided
that: "This Act [see Tables for classification] may be cited as the
'International Security and Development Cooperation Act of 1981'."
Pub. L. 97-65, Sec. 1, Oct. 16, 1981, 95 Stat. 1021, provided
that: "This Act [enacting sections 2194a and 2200b of this title,
amending sections 2191, 2193, 2194, 2195, 2197, 2198, 2199, and
2200a of this title, and enacting provisions set out as notes under
sections 2193 and 2200a of this title] may be cited as the
'Overseas Private Investment Corporation Amendments Act of 1981'."
SHORT TITLE OF 1980 AMENDMENTS
Pub. L. 96-533, Sec. 1, Dec. 16, 1980, 94 Stat. 3131, provided:
"This Act [enacting sections 290h to 290h-9, 2226, 2346a, 2346b,
2769, and 2778a of this title, amending sections 2151a to 2151d,
2151n, 2151s, 2151u, 2151v, 2174, 2221, 2222, 2291a, 2292, 2292a,
2292l, 2304, 2311, 2312, 2318, 2321h to 2321j, 2346, 2347a, 2348a,
2354, 2364, 2367, 2370, 2384, 2394, 2399d, 2403, 2411, 2421, 2427,
2502, 2514, 2753, 2761 to 2765, 2771, 2776 to 2779, 2791, 2794, and
3510 of this title, sections 1712 and 1733 of Title 7, Agriculture,
sections 5041 and 5045 of Title 42, The Public Health and Welfare,
and section 2405 of Title 50, Appendix, War and National Defense,
repealing sections 2151q, 2346c to 2346e, and 2348b of this title,
enacting provisions set out as notes under this section and
sections 290h, 2151a, 2291a, 2293, 2370, and 3401 of this title,
section 1522 of Title 8, Aliens and Nationality, and section 2667
of Title 10, Armed Forces, and repealing a provision set out as a
note under section 2293 of this title] may be cited as the
'International Security and Development Cooperation Act of 1980'."
Pub. L. 96-257, Sec. 1, May 31, 1980, 94 Stat. 422, provided:
"That this Act [enacting section 2346e of this title] may be cited
as the 'Special Central American Assistance Act of 1979'."
SHORT TITLE OF 1979 AMENDMENTS
Pub. L. 96-92, Sec. 1, Oct. 29, 1979, 93 Stat. 701, provided
that: "This Act [enacting sections 2346d, 2767, and 2768 of this
title, amending sections 2261, 2291, 2291a, 2304, 2312, 2318, 2321h
to 2321j, 2346 to 2346c, 2347a, 2348, 2348a, 2403, 2753, 2761,
2765, 2771, 2773, 2776, 2778, 2792, and 2794 of this title, and
enacting provisions set out as notes under this section and
sections 2321h, 2346c, 2771, 2776, and 3302 of this title] may be
cited as the 'International Security Assistance Act of 1979'."
Pub. L. 96-53, Sec. 1, Aug. 14, 1979, 93 Stat. 359, provided
that: "This Act [enacting sections 2151x, 2151y, 2374, and 3501 to
3513 of this title, and sections 1736g of Title 7, Agriculture,
amending sections 2151-1, 2151a to 2151d, 2151i, 2151k, 2151n,
2151p, 2151q, 2151s, 2151u, 2151v, 2174, 2182, 2182a, 2183, 2220b,
2222, 2292a, 2292l, 2304, 2357, 2361, 2385a, 2395, 2399c, 2421,
2427, 2502, and 2506 of this title, sections 5314 to 5316 and 5924
of Title 5, Government Organization and Employees, and sections
1703, 1704, 1722, 1726, 1727, 1727a, 1727b, 1727d to 1727f, 1731,
and 1734 of Title 7, and enacting provisions set out as notes under
this section and sections 2151n, 2151y, 2312, 2385a, and 3201 of
this title] may be cited as the 'International Development
Cooperation Act of 1979'."
SHORT TITLE OF 1978 AMENDMENTS
Section 1 of Pub. L. 95-424 provided that: "This Act [enacting
sections 2151-1, 2151t, 2151u, 2151v, 2151w, 2201, 2292l, 2335a,
2393a, 2394-1, 2394-1a and 2395a of this title, amending this
section and sections 2151a, 2151a-1, 2151b, 2151c, 2151d, 2151e,
2151g, 2151h, 2151k, 2151n, 2151p, 2151q, 2151r, 2174, 2181, 2182,
2182a, 2183, 2213, 2220a, 2220d, 2221, 2222, 2292, 2292a, 2292i,
2292k, 2351, 2357, 2358, 2361, 2370, 2381a, 2384, 2394, 2395, 2396,
2397, 2399c, 2403, 2421, and 2427 of this title and sections 1703,
1706, 1727c, and 1727d of Title 7, Agriculture, repealing sections
2151f, 2151l, 2151m, 2151o, 2161, 2162, 2164, 2167, 2168, 2171,
2172, 2175, 2176, 2177, 2178, 2180, 2180a, 2211, 2212, 2213, 2216,
2217, 2217a, 2219, 2219a, 2220, 2224, 2271, 2281, 2292d, 2292g,
2368, 2369, 2408, 2410, 2415, 2416, 2417, 2418, and 2425 of this
title, and enacting provisions set out as notes under this section
and sections 2151v, 2151u, 2222, 2292d, and 2395 of this title and
section 1711 of Title 7] may be cited as the 'International
Development and Food Assistance Act of 1978'."
Pub. L. 95-384, Sec. 1, Sept. 26, 1978, 92 Stat. 730, provided
that: "This Act [enacting sections 2348 to 2348c, 2373, 2417,
2428b, and 2766 of this title, amending sections 1754, 2261, 2291,
2291a, 2304, 2312, 2321b, 2321h to 2321j, 2346 to 2346c, 2347a,
2347b, 2360, 2372, 2413, 2429, 2429a, 2751, 2761, 2762, 2765, 2771,
and 2776 of this title and section 2403 of Title 50, Appendix, War
and National Defense, repealing sections 2441 to 2443 of this
title, and enacting provisions set out as notes under this section
and sections 287c, 1754, 2291, 2311, 2346, 2346a, 2370, and 2751 of
this title] may be cited as the 'International Security Assistance
Act of 1978'."
Pub. L. 95-268, Sec. 1, Apr. 24, 1978, 92 Stat. 213, provided
that: "This Act [enacting section 2200 of this title and amending
sections 2191, 2194, 2195, 2197, 2199, and 2200a of this title] may
be cited as the 'Overseas Private Investment Corporation Amendments
Act of 1978'."
SHORT TITLE OF 1977 AMENDMENTS
Pub. L. 95-92, Sec. 1, Aug. 4, 1977, 91 Stat. 614, provided that:
"This Act [enacting sections 2294, 2346b, 2372, and 2429a of this
title, amending sections 2261, 2291a, 2312, 2321h to 2321j, 2346,
2346a, 2347a, 2370, 2391, 2429, 2443, 2753, 2771, 2778, and 2792 of
this title, and enacting provisions set out as notes under this
section and sections 2346, 2370, 2406, 2431, and 2751 of this
title] may be cited as the 'International Security Assistance Act
of 1977'."
Section 1 of Pub. L. 95-88 provided that: "This Act [enacting
sections 2151o to 2151s, 2292k, and 2429b of this title and
sections 1712, 1713, 1714, and 1727 to 1727f of Title 7,
Agriculture, amending this section and sections 2151a, 2151b,
2151c, 2151d, 2151g, 2151h, 2151i, 2151k, 2151l, 2151m, 2151n,
2174, 2181, 2182, 2182a, 2183, 2222, 2225, 2292a, 2292h, 2357,
2370, 2384, 2385, 2386, 2399c, 2421, and 2427 of this title,
section 5315 of Title 5, Government Organization and Employees, and
sections 1427, 1431, 1692, 1702, 1703, 1706, 1711, 1721, 1722,
1723, 1726, 1731, and 1736b of Title 7, repealing section 2424 of
this title, and enacting provisions set out as notes under this
section and sections 2151b, 2151i, 2174, 2357, and 2384 of this
title and sections 1702, 1708, and 1722 of Title 7] may be cited as
the 'International Development and Food Assistance Act of 1977'."
SHORT TITLE OF 1976 AMENDMENT
Pub. L. 94-329, Sec. 1, June 30, 1976, 90 Stat. 729, provided:
"That this Act [enacting sections 2292h, 2292i, 2321j, 2347, 2347a,
2347b, 2371, 2394a, 2428, 2429, 2755, 2765, 2778, and 2779 of this
title, amending sections 2183, 2222, 2261, 2291, 2291a, 2292f,
2304, 2312, 2314, 2318, 2321b, 2321h, 2321i, 2346a, 2370, 2382,
2383, 2384, 2386, 2392, 2394, 2396, 2403, 2415, 2416, 2417, 2441,
2443, 2751, 2751 note, 2752, 2753, 2761, 2762, 2763, 2771, 2776,
2791, 2792, and 2794 of this title, repealing sections 2321a, 2415
note, 2431, 2431 notes, 2432, 2432 note, 2433, 2433 note, 2434, and
2435, and enacting provisions set out as notes under this section
and sections 2291, 2292, 2314, 2321a, 2321b, 2347, 2352, 2370,
2428, 2431, 2441, 2751, 2753, 2763, 2776, and 2778 of this title]
may be cited as the 'International Security Assistance and Arms
Export Control Act of 1976'."
SHORT TITLE OF 1975 AMENDMENT
Section 1 of Pub. L. 94-161 provided: "That this Act
[redesignating as sections 2292c to 2292e former sections 2262,
2399-1a, and 2399-1b of this title, enacting sections 2151a-1,
2151d, 2151e, 2151n, 2220a to 2220e, 2292 to 2292b, 2292f, and 2425
to 2427 of this title and sections 1691a, 1711, 1726, and 1736f of
Title 7, Agriculture, amending this section and sections 2151a,
2151b, 2151c, 2151h, 2151i, 2151k, 2169, 2174, 2181 to 2183, 2221,
2222, 2225, 2293, 2357 and 2421 of this title and sections 1691,
1703, 1706, 1709, 1721, 1736, 1736a, and 1736b of Title 7,
repealing sections 2151d, 2151e, 2201, 2292, and 2399 of this
title, and enacting provisions set out as a note under section
2220a of this title and as a note under section 1691a of Title 7]
may be cited as the 'International Development and Food Assistance
Act of 1975'."
SHORT TITLE OF 1974 AMENDMENTS
Pub. L. 93-559, Sec. 1, Dec. 30, 1974, 88 Stat. 1795, provided:
"That this Act [enacting sections 2151m, 2175a, 2182a, 2225, 2293,
2304, 2321h, 2321i, 2419 to 2424, 2435, and 2441 to 2443 of this
title, amending sections 278, 2151a to 2151c, 2163, 2181, 2183,
2219a, 2222, 2261, 2312, 2318, 2321b, 2321f, 2346a, 2360, 2364,
2370, 2394, 2399, 2413, 2415, 2416, 2753, 2763, 2764, 2771, 2773,
2775, and 2776 of this title, repealing sections 2151j and 2200 of
this title, enacting provisions set out as notes under sections
2166, 2175, 2311, 2370, 2399, 2406, 2415, 2431 to 2433, 2551, and
2764 of this title, and repealing provisions set out as a note
under this section] may be cited as the 'Foreign Assistance Act of
1974'."
Pub. L. 93-390, Sec. 1, Aug. 27, 1974, 88 Stat. 763, provided:
"That this Act [amending sections 2191, 2194, 2195, 2197, 2199,
2200 and 2200a of this title] may be cited as the 'Overseas Private
Investment Corporation Amendments Act of 1974'."
Pub. L. 93-333, Sec. 1, July 8, 1974, 88 Stat. 290, provided:
"That this Act [enacting section 2292c of this title, amending
section 2292d of this title, and enacting provisions set out as
notes under this section and section 2395 of this title] may be
cited as the 'Foreign Disaster Assistance Act of 1974'."
SHORT TITLE OF 1973 AMENDMENT
Section 1 of Pub. L. 93-189 provided: "That this Act [enacting
sections 2151a to 2151l, 2303, 2399-1a, 2399-1b, 2399c, 2399d, 2431
to 2434 and 2794 of this title, amending this section and sections
285n, 1934, 2163, 2171, 2174, 2181, 2183, 2195, 2199, 2200, 2212,
2219a, 2221, 2222, 2261, 2291, 2291a, 2311, 2312, 2314, 2318,
2321b, 2321f, 2346a, 2367, 2370, 2385, 2394, and section 2397 of
this title, repealing sections 2314a, 2319 to 2321, 2321e, 2321g,
and 2346a, of this title, and enacting provisions set out as notes
under this section and sections 1942, 2163, 2220, 2415, and 2431 of
this title] may be cited as the 'Foreign Assistance Act of 1973'."
SHORT TITLE OF 1972 AMENDMENT
Pub. L. 92-226, Sec. 1, Feb. 7, 1972, 86 Stat. 20, provided:
"That this Act [enacting sections 2180a, 2291, 2292, 2321d to
2321g, 2346 to 2346b, and 2413 to 2418 of this title, amending
sections 276, 290f, 1476, 1928b, 2162, 2163, 2169, 2172, 2174,
2181, 2183, 2198, 2199, 2200, 2212, 2219a, 2222, 2261, 2312, 2314,
2318, 2319, 2321b, 2370, 2384, 2394, 2397, 2403, 2411, 2684, 2771,
2773, and 2791 of this title and section 5314 of Title 5,
Government Organization and Employees, repealing sections 2165 and
2241 to 2243 of this title, and enacting provisions set out as
notes under this section and sections 287e, 2411, 2417, and 2680 of
this title] may be cited as the 'Foreign Assistance Act of 1971'."
SHORT TITLE OF 1971 AMENDMENT
Pub. L. 91-652, Sec. 1, Jan. 5, 1971, 84 Stat. 1942, provided:
"That this Act [enacting section 2411 of this title, amending
sections 2261 and 2242 of this title, and enacting provisions set
out as notes under sections 2261, 2302, and 2411 of this title] may
be cited as the 'Special Foreign Assistance Act of 1971'."
SHORT TITLE OF 1969 AMENDMENT
Pub. L. 91-175, Sec. 1, Dec. 30, 1969, 83 Stat. 805, provided
that: "This Act [enacting sections 290f, 2179, 2180, 2194 to 2200a
and 2321a of this title, amending sections 2162, 2163, 2172, 2174,
2181 to 2183, 2191 to 2193, 2212, 2219a, 2221, 2222, 2242, 2261,
2312, 2318, 2360, 2362, 2370, 2384, 2394, 2396, 2397 and 2402 of
this title, section 846 of former Title 31, Money and Finance, and
sections 3343, 3581, 3582 and 5314 to 5316 of Title 5, Government
Organization and Employees, and enacting provision set out as a
note under this section], may be cited as the 'Foreign Assistance
Act of 1969'."
SHORT TITLE OF 1968 AMENDMENT
Pub. L. 90-554, Sec. 1, Oct. 8, 1968, 82 Stat. 960, provided:
"That this Act [enacting sections 2381a, 2399b, and 2410 of this
title and section 617 of Title 16, Conservation, amending sections
2161, 2162, 2171, 2172, 2174, 2181, 2184, 2212, 2218, 2219a, 2222,
2242, 2261, 2312, 2318-2320, 2354, 2357, 2370, 2381, 2385, 2396,
and 2397 of this title, and enacting provisions set out as a note
under this section] may be cited as the 'Foreign Assistance Act of
1968'."
SHORT TITLE OF 1967 AMENDMENT
Section 1 of Pub. L. 90-137 provided: "That this Act [enacting
sections 2167 to 2169, 2178, 2219, 2219a, 2220, 2224, 2243, 2302,
2341 to 2345, and 2409 of this title, amending this section and
sections 276, 276c-1, 1928b to 1928d, 1934, 2161, 2162, 2165, 2171,
2172, 2174, 2181 to 2184, 2192, 2211, 2212, 2218, 2221, 2222, 2241,
2242, 2261, 2271, 2301, 2302, 2311, 2312, 2314, 2318 to 2321, 2341
to 2345, 2351, 2358, 2360, 2361, 2364, 2384 to 2386, 2389, 2392,
2394 to 2397, 2399a, and 2403 of this title, repealing sections
2217b and 2317(a) of this title, and enacting provision set out as
a note under section 2395 of this title] may be cited as the
'Foreign Assistance Act of 1967'."
SHORT TITLE OF 1966 AMENDMENT
Section 1 of Pub. L. 89-583 provided: "That this Act [enacting
sections 2217 to 2217b, 2218, 2281, and 2322 of this title and
amending this section and sections 2161, 2162, 2165, 2171, 2172,
2174, 2181, 2182, 2184, 2211, 2212, 2221, 2222, 2241, 2242, 2261,
2312, 2314, 2316, 2318, 2320, 2351, 2354, 2358, 2360, 2362, 2364,
2370, 2382, 2384, 2394, 2395, and 2397 of this title] may be cited
as the 'Foreign Assistance Act of 1966'."
SHORT TITLE OF 1965 AMENDMENT
Section 1 of Pub. L. 89-171 provided: "That this Act [enacting
sections 2166, 2399, 2399a and 2408 of this title, and amending
this section and sections 2165, 2172, 2174, 2181 to 2184, 2212,
2221, 2222, 2242, 2261, 2311 to 2313, 2315 to 2320, 2355, 2362,
2363, 2370, 2382, 2384 to 2386, 2390, 2391, 2395 to 2398, 2403, and
2404 of this title, section 1707 of Title 7, Agriculture, and
provisions set out as a note under this section] may be cited as
the 'Foreign Assistance Act of 1965'."
SHORT TITLE OF 1964 AMENDMENT
Pub. L. 88-633, Sec. 1, Oct. 7, 1964, 78 Stat. 1009, provided:
"That this Act [enacting sections 2177, 2321, and 2407 of this
title, amending sections 276, 1754, 2161, 2172, 2174, 2176, 2181,
2184, 2192, 2212, 2222, 2242, 2261, 2311, 2312, 2315, 2317, 2318,
2320, 2351, 2362, 2370, 2385, 2386, and 2397 of this title, and
enacting provisions set out as a note under this section] may be
cited as the 'Foreign Assistance Act of 1964'."
SHORT TITLE OF 1963 AMENDMENT
Section 1 of Pub. L. 88-205 provided that: "This Act [enacting
sections 816, 1138a, 2216, 2320, 2398, and 2684 of this title,
amending sections 961, 1136, 1139, 1251, 1928a, 1943, 2161, 2162,
2172, 2174, 2181, 2182, 2184, 2201, 2211 to 2213, 2222, 2242, 2261,
2312, 2313, 2318, 2319, 2351, 2361, 2362, 2370, 2381, 2384, 2386,
2391, 2395 to 2397, 2403, and 2404 of this title, sections 1701,
1705, 1706, and 1722 of Title 7, Agriculture, and section 1861 of
Title 19, Customs Duties, enacting provisions set out as notes
under this section and section 1942 of this title, and section 1706
of Title 7, and repealing provisions set out as notes under this
section and section 2301 of this title], may be cited as the
'Foreign Assistance Act of 1963'."
SHORT TITLE OF 1962 AMENDMENT
Section 1 of Pub. L. 87-565 provided: "That this Act [enacting
sections 2211 to 2213 of this title, amending this section and
sections 276, 2161, 2171, 2172, 2181, 2182, 2184, 2192, 2222, 2242,
2261, 2271, 2314, 2315, 2318, 2360, 2361, 2368, 2370, 2381, 2384,
2385, 2389, 2394, 2395, 2397, 2402 to 2404, 2452, and 2669 of this
title, repealing section 2173 of this title, enacting provisions
set out as a note under section 2452 of this title, and repealing
Part IV of the Foreign Assistance Act of 1961] may be cited as the
'Foreign Assistance Act of 1962'."
SHORT TITLE
Section 1 of Pub. L. 87-195, as added by Pub. L. 87-329, title I,
Sec. 111, Sept. 30, 1961, 75 Stat. 719, provided: "That this Act
[enacting this chapter and sections 1613d and 1945 of this title,
amending sections 276, 279a, 1041, 1112, 1136, 1148, 1157, 1754,
1783, 1925, 1951 and 1964 of this title, section 1704 of Title 7,
Agriculture, and sections 1651 and 1701 of Title 42, The Public
Health and Welfare, enacting provisions set out as notes under this
section and sections 276, 1613d, and 1925 of this title, and
repealing sections 1750, 1750a, 1750b to 1753a, 1755 to 1759, 1760,
1761 to 1765, 1766a to 1766c, 1767a, 1768, 1781, 1782, 1784 to
1795, 1797, 1811, 1812 to 1817, 1841, 1851, 1852, 1854, 1870, 1871
to 1876, 1891 to 1896, 1897, 1920, 1921, 1923, 1924, 1926, 1927,
1929, 1931, 1933, 1935, 1936, 1939 to 1940a, 1941, 2051 to 2053,
2071 and 2072 of this title, Reorganization Plan No. 7 of 1953, and
provisions set out as notes under sections 1753, 1783, 1922, 1928b,
1939 and 1951 of this title] may be cited as 'The Foreign
Assistance Act of 1961'."
Section 101 of Pub. L. 87-195 which provided that this subchapter
should be cited as the "Act for International Development of 1961"
was repealed by section 101(b) of Pub. L. 88-205.
Pub. L. 87-195, pt. V, Sec. 801, as added by Pub. L. 105-214,
Sec. 1, July 29, 1998, 112 Stat. 885, provided that: "This part
[part V (Secs. 801-813) of Pub. L. 87-195, enacting subchapter IV
of this chapter] may be cited as the 'Tropical Forest Conservation
Act of 1998'."
REPEALS
Section 642 of Pub. L. 87-195, as amended by Pub. L. 89-171, pt.
III, Sec. 303(a), Sept. 6, 1965, 79 Stat. 661, provided that:
"(a) There are hereby repealed -
"(1) Reorganization Plan Numbered 7 of 1953 [formerly set out
as a note under section 1785 of this title].
"(2) the Mutual Security Act of 1954, as amended [section 1750
et seq. of this title] (except sections 402, 405(a), 405(c),
405(d), 408, 414, 417, 451(c), 502(a), 502(b), 514, 523(d), and
536 [sections 1922, 1925(a), 1925(c), 1925(d), 1928, 1934, 1937,
1951(c), 1754(a), (b), 1766, 1783(d) and 1796 of this title]);
"(3) section 12 of the Mutual Security Act of 1955 [formerly
set out as a note under section 1811 of this title];
"(4) sections 12, 13, and 14 of the Mutual Security Act of 1956
[section 1870 of this title and notes formerly set out under
sections 1753 and 1939 of this title];
"(5) section 503 of the Mutual Security Act of 1958 [section
1750a of this title];
"(6) section 108 of the Mutual Security Appropriation Act, 1959
[formerly set out as a note under section 1922 of this title];
"(7) section 501(a), chapter VI, and sections 702 and 703 of
the Mutual Security Act of 1959, as amended [sections 1941, and
2051 to 2053 of this title and notes formerly set out under
sections 1928b and 1951 of this title]; and
"(8) section 604 and chapter VII of the Mutual Security Act of
1960 [sections 2071 and 2072 of this title and note formerly set
out under section 1783 of this title].
"(b) References in law to the Acts, or provisions of such Acts,
repealed by subsection (a) of this section shall hereafter be
deemed to be references to this Act [see Short Title note for the
Foreign Assistance Act of 1961 above] or appropriate provisions of
this Act.
"(c) The repeal of the Acts listed in subsection (a) of this
section shall not be deemed to affect amendments contained in such
Acts to Acts not named in that subsection."
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT DEEMED AGENCY
PRIMARILY RESPONSIBLE FOR ADMINISTERING THIS SUBCHAPTER
Any reference in this chapter to the agency primarily responsible
for administering this subchapter, or to the Administrator of such
agency, deemed reference to the United States Agency for
International Development or to the Administrator of that agency,
as appropriate, see section 1-200(a) of Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, as amended, set out as a note under
section 2381 of this title.
SYRIA ACCOUNTABILITY AND LEBANESE SOVEREIGNTY RESTORATION
Pub. L. 108-175, Dec. 12, 2003, 117 Stat. 2482, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Syria Accountability and Lebanese
Sovereignty Restoration Act of 2003'.
"SEC. 2. FINDINGS.
"Congress makes the following findings:
"(1) On June 24, 2002, President Bush stated 'Syria must choose
the right side in the war on terror by closing terrorist camps
and expelling terrorist organizations'.
"(2) United Nations Security Council Resolution 1373 (September
28, 2001) mandates that all states 'refrain from providing any
form of support, active or passive, to entities or persons
involved in terrorist acts', take 'the necessary steps to prevent
the commission of terrorist acts', and 'deny safe haven to those
who finance, plan, support, or commit terrorist acts'.
"(3) The Government of Syria is currently prohibited by United
States law from receiving United States assistance because it has
repeatedly provided support for acts of international terrorism,
as determined by the Secretary of State for purposes of section
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)) and other relevant provisions of law.
"(4) Although the Department of State lists Syria as a state
sponsor of terrorism and reports that Syria provides 'safe haven
and support to several terrorist groups', fewer United States
sanctions apply with respect to Syria than with respect to any
other country that is listed as a state sponsor of terrorism.
"(5) Terrorist groups, including Hizballah, Hamas, Palestinian
Islamic Jihad, the Popular Front for the Liberation of Palestine,
and the Popular Front for the Liberation of Palestine - General
Command, maintain offices, training camps, and other facilities
on Syrian territory, and operate in areas of Lebanon occupied by
the Syrian armed forces and receive supplies from Iran through
Syria.
"(6) United Nations Security Council Resolution 520 (September
17, 1982) calls for 'strict respect of the sovereignty,
territorial integrity, unity and political independence of
Lebanon under the sole and exclusive authority of the Government
of Lebanon through the Lebanese Army throughout Lebanon'.
"(7) Approximately 20,000 Syrian troops and security personnel
occupy much of the sovereign territory of Lebanon exerting undue
influence upon its government and undermining its political
independence.
"(8) Since 1990 the Senate and House of Representatives have
passed seven bills and resolutions which call for the withdrawal
of Syrian armed forces from Lebanon.
"(9) On March 3, 2003, Secretary of State Colin Powell declared
that it is the objective of the United States to 'let Lebanon be
ruled by the Lebanese people without the presence of [the Syrian]
occupation army'.
"(10) Large and increasing numbers of the Lebanese people from
across the political spectrum in Lebanon have mounted peaceful
and democratic calls for the withdrawal of the Syrian Army from
Lebanese soil.
"(11) Israel has withdrawn all of its armed forces from Lebanon
in accordance with United Nations Security Council Resolution 425
(March 19, 1978), as certified by the United Nations Secretary
General.
"(12) Even in the face of this United Nations certification
that acknowledged Israel's full compliance with Security Council
Resolution 425, Syrian- and Iranian-supported Hizballah continues
to attack Israeli outposts at Shebaa Farms, under the pretense
that Shebaa Farms is territory from which Israel was required to
withdraw by Security Counsel Resolution 425, and Syrian- and
Iranian-supported Hizballah and other militant organizations
continue to attack civilian targets in Israel.
"(13) Syria will not allow Lebanon - a sovereign country - to
fulfill its obligation in accordance with Security Council
Resolution 425 to deploy its troops to southern Lebanon.
"(14) As a result, the Israeli-Lebanese border and much of
southern Lebanon is under the control of Hizballah, which
continues to attack Israeli positions, allows Iranian
Revolutionary Guards and other militant groups to operate freely
in the area, and maintains thousands of rockets along Israel's
northern border, destabilizing the entire region.
"(15) On February 12, 2003, Director of Central Intelligence
George Tenet stated the following with respect to the Syrian- and
Iranian-supported Hizballah: '[A]s an organization with
capability and worldwide presence [it] is [al Qaeda's] equal if
not a far more capable organization * * * [T]hey're a notch above
in many respects, in terms of in their relationship with the
Iranians and the training they receive, [which] puts them in a
state-sponsored category with a potential for lethality that's
quite great.'.
"(16) In the State of the Union address on January 29, 2002,
President Bush declared that the United States will 'work closely
with our coalition to deny terrorists and their state sponsors
the materials, technology, and expertise to make and deliver
weapons of mass destruction'.
"(17) The Government of Syria continues to develop and deploy
short- and medium-range ballistic missiles.
"(18) According to the December 2001 unclassified Central
Intelligence Agency report entitled 'Foreign Missile Developments
and the Ballistic Missile Threat through 2015', 'Syria maintains
a ballistic missile and rocket force of hundreds of FROG rockets,
Scuds, and SS-21 SRBMs [and] Syria has developed [chemical
weapons] warheads for its Scuds'.
"(19) The Government of Syria is pursuing the development and
production of biological and chemical weapons and has a nuclear
research and development program that is cause for concern.
"(20) According to the Central Intelligence Agency's
'Unclassified Report to Congress on the Acquisition of Technology
Relating to Weapons of Mass Destruction and Advanced Conventional
Munitions', released January 7, 2003: '[Syria] already holds a
stockpile of the nerve agent sarin but apparently is trying to
develop more toxic and persistent nerve agents. Syria remains
dependent on foreign sources for key elements of its [chemical
weapons] program, including precursor chemicals and key
production equipment. It is highly probable that Syria also is
developing an offensive [biological weapons] capability.'.
"(21) On May 6, 2002, the Under Secretary of State for Arms
Control and International Security, John Bolton, stated: 'The
United States also knows that Syria has long had a chemical
warfare program. It has a stockpile of the nerve agent sarin and
is engaged in research and development of the more toxic and
persistent nerve agent VX. Syria, which has signed but not
ratified the [Biological Weapons Convention], is pursuing the
development of biological weapons and is able to produce at least
small amounts of biological warfare agents.'.
"(22) According to the Central Intelligence Agency's
'Unclassified Report to Congress on the Acquisition of Technology
Relating to Weapons of Mass Destruction and Advanced Conventional
Munitions', released January 7, 2003: 'Russia and Syria have
approved a draft cooperative program on cooperation on civil
nuclear power. In principal, broader access to Russian expertise
provides opportunities for Syria to expand its indigenous
capabilities, should it decide to pursue nuclear weapons.'.
"(23) Under the Treaty on the Non-Proliferation of Nuclear
Weapons (21 UST 483), which entered force on March 5, 1970, and
to which Syria is a party, Syria has undertaken not to acquire or
produce nuclear weapons and has accepted full scope safeguards of
the International Atomic Energy Agency to detect diversions of
nuclear materials from peaceful activities to the production of
nuclear weapons or other nuclear explosive devices.
"(24) Syria is not a party to the Chemical Weapons Convention
or the Biological Weapons Convention, which entered into force on
April 29, 1997, and on March 26, 1975, respectively.
"(25) Syrian President Bashar Assad promised Secretary of State
Powell in February 2001 to end violations of Security Council
Resolution 661, which restricted the sale of oil and other
commodities by Saddam Hussein's regime, except to the extent
authorized by other relevant resolutions, but this pledge was
never fulfilled.
"(26) Syria's illegal imports and transshipments of Iraqi oil
during Saddam Hussein's regime earned Syria $50,000,000 or more
per month as Syria continued to sell its own Syrian oil at market
prices.
"(27) Syria's illegal imports and transshipments of Iraqi oil
earned Saddam Hussein's regime $2,000,000 per day.
"(28) On March 28, 2003, Secretary of Defense Donald Rumsfeld
warned: '[W]e have information that shipments of military
supplies have been crossing the border from Syria into Iraq,
including night-vision goggles * * * These deliveries pose a
direct threat to the lives of coalition forces. We consider such
trafficking as hostile acts, and will hold the Syrian government
accountable for such shipments.'.
"(29) According to Article 23(1) of the United Nations Charter,
members of the United Nations are elected as nonpermanent members
of the United Nations Security Council with 'due regard being
specially paid, in the first instance to the contribution of
members of the United Nations to the maintenance of international
peace and security and to other purposes of the Organization'.
"(30) Despite Article 23(1) of the United Nations Charter,
Syria was elected on October 8, 2001, to a 2-year term as a
nonpermanent member of the United Nations Security Council
beginning January 1, 2002, and served as President of the
Security Council during June 2002 and August 2003.
"(31) On March 31, 2003, the Syrian Foreign Minister, Farouq al-
Sharra, made the Syrian regime's intentions clear when he
explicitly stated that 'Syria's interest is to see the invaders
defeated in Iraq'.
"(32) On April 13, 2003, Secretary of Defense Donald Rumsfeld
charged that 'busloads' of Syrian fighters entered Iraq with
'hundreds of thousands of dollars' and leaflets offering rewards
for dead American soldiers.
"(33) On September 16, 2003, the Under Secretary of State for
Arms Control and International Security, John Bolton, appeared
before the Subcommittee on the Middle East and Central Asia of
the Committee on International Relations of the House of
Representatives, and underscored Syria's 'hostile actions' toward
coalition forces during Operation Iraqi Freedom. Under Secretary
Bolton added that: 'Syria allowed military equipment to flow into
Iraq on the eve of and during the war. Syria permitted volunteers
to pass into Iraq to attack and kill our service members during
the war, and is still doing so * * * [Syria's] behavior during
Operation Iraqi Freedom underscores the importance of taking
seriously reports and information on Syria's WMD capabilities.'.
"(34) During his appearance before the Committee on
International Relations of the House of Representatives on
September 25, 2003, Ambassador L. Paul Bremer, III, Administrator
of the Coalition Provisional Authority in Iraq, stated that out
of the 278 third-country nationals who were captured by coalition
forces in Iraq, the 'single largest group are Syrians'.
"SEC. 3. SENSE OF CONGRESS.
"It is the sense of Congress that -
"(1) the Government of Syria should immediately and
unconditionally halt support for terrorism, permanently and
openly declare its total renunciation of all forms of terrorism,
and close all terrorist offices and facilities in Syria,
including the offices of Hamas, Hizballah, Palestinian Islamic
Jihad, the Popular Front for the Liberation of Palestine, and the
Popular Front for the Liberation of Palestine - General Command;
"(2) the Government of Syria should -
"(A) immediately and unconditionally stop facilitating
transit from Syria to Iraq of individuals, military equipment,
and all lethal items, except as authorized by the Coalition
Provisional Authority or a representative, internationally
recognized Iraqi government;
"(B) cease its support for 'volunteers' and terrorists who
are traveling from and through Syria into Iraq to launch
attacks; and
"(C) undertake concrete, verifiable steps to deter such
behavior and control the use of territory under Syrian control;
"(3) the Government of Syria should immediately declare its
commitment to completely withdraw its armed forces, including
military, paramilitary, and security forces, from Lebanon, and
set a firm timetable for such withdrawal;
"(4) the Government of Lebanon should deploy the Lebanese armed
forces to all areas of Lebanon, including South Lebanon, in
accordance with United Nations Security Council Resolution 520
(September 17, 1982), in order to assert the sovereignty of the
Lebanese state over all of its territory, and should evict all
terrorist and foreign forces from southern Lebanon, including
Hizballah and the Iranian Revolutionary Guards;
"(5) the Government of Syria should halt the development and
deployment of medium- and long-range surface-to-surface missiles
and cease the development and production of biological and
chemical weapons;
"(6) the Governments of Lebanon and Syria should enter into
serious unconditional bilateral negotiations with the Government
of Israel in order to realize a full and permanent peace;
"(7) the United States should continue to provide humanitarian
and educational assistance to the people of Lebanon only through
appropriate private, nongovernmental organizations and
appropriate international organizations, until such time as the
Government of Lebanon asserts sovereignty and control over all of
its territory and borders and achieves full political
independence, as called for in United Nations Security Council
Resolution 520; and
"(8) as a violator of several key United Nations Security
Council resolutions and as a nation that pursues policies which
undermine international peace and security, Syria should not have
been permitted to join the United Nations Security Council or
serve as the Security Council's President, and should be removed
from the Security Council.
"SEC. 4. STATEMENT OF POLICY.
"It is the policy of the United States that -
"(1) Syria should bear responsibility for attacks committed by
Hizballah and other terrorist groups with offices, training
camps, or other facilities in Syria, or bases in areas of Lebanon
occupied by Syria;
"(2) the United States will work to deny Syria the ability to
support acts of international terrorism and efforts to develop or
acquire weapons of mass destruction;
"(3) the Secretary of State will continue to list Syria as a
state sponsor of terrorism until Syria ends its support for
terrorism, including its support of Hizballah and other terrorist
groups in Lebanon and its hosting of terrorist groups in
Damascus, and comes into full compliance with United States law
relating to terrorism and United Nations Security Council
Resolution 1373 (September 28, 2001);
"(4) the full restoration of Lebanon's sovereignty, political
independence, and territorial integrity is in the national
security interest of the United States;
"(5) Syria is in violation of United Nations Security Council
Resolution 520 (September 17, 1982) through its continued
occupation of Lebanese territory and its encroachment upon
Lebanon's political independence;
"(6) Syria's obligation to withdraw from Lebanon is not
conditioned upon progress in the Israeli-Syrian or Israeli-
Lebanese peace process but derives from Syria's obligation under
Security Council Resolution 520;
"(7) Syria's acquisition of weapons of mass destruction and
ballistic missile programs threaten the security of the Middle
East and the national security interests of the United States;
"(8) Syria will be held accountable for any harm to Coalition
armed forces or to any United States citizen in Iraq if the
government of Syria is found to be responsible due to its
facilitation of terrorist activities and its shipments of
military supplies to Iraq; and
"(9) the United States will not provide any assistance to Syria
and will oppose multilateral assistance for Syria until Syria
ends all support for terrorism, withdraws its armed forces from
Lebanon, and halts the development and deployment of weapons of
mass destruction and medium- and long-range surface-to-surface
ballistic missiles.
"SEC. 5. PENALTIES AND AUTHORIZATION.
"(a) Penalties. - Until the President makes the determination
that Syria meets all the requirements described in paragraphs (1)
through (4) of subsection (d) and certifies such determination to
Congress in accordance with such subsection -
"(1) the President shall prohibit the export to Syria of any
item, including the issuance of a license for the export of any
item, on the United States Munitions List or Commerce Control
List of dual-use items in the Export Administration Regulations
(15 CFR part 730 et seq.); and
"(2) the President shall impose two or more of the following
sanctions:
"(A) Prohibit the export of products of the United States
(other than food and medicine) to Syria.
"(B) Prohibit United States businesses from investing or
operating in Syria.
"(C) Restrict Syrian diplomats in Washington, D.C., and at
the United Nations in New York City, to travel only within a 25-
mile radius of Washington, D.C., or the United Nations
headquarters building, respectively.
"(D) Prohibit aircraft of any air carrier owned or controlled
by Syria to take off from, land in, or overfly the United
States.
"(E) Reduce United States diplomatic contacts with Syria
(other than those contacts required to protect United States
interests or carry out the purposes of this Act).
"(F) Block transactions in any property in which the
Government of Syria has any interest, by any person, or with
respect to any property, subject to the jurisdiction of the
United States.
"(b) Waiver. - The President may waive the application of
subsection (a)(1), (a)(2), or both if the President determines that
it is in the national security interest of the United States to do
so and submits to the appropriate congressional committees a report
containing the reasons for the determination.
"(c) Authority To Provide Assistance To Syria. - If the President
-
"(1) makes the determination that Syria meets the requirements
described in paragraphs (1) through (4) of subsection (d) and
certifies such determination to Congress in accordance with such
subsection;
"(2) determines that substantial progress has been made both in
negotiations aimed at achieving a peace agreement between Israel
and Syria and in negotiations aimed at achieving a peace
agreement between Israel and Lebanon; and
"(3) determines that the Government of Syria is strictly
respecting the sovereignty, territorial integrity, unity, and
political independence of Lebanon under the sole and exclusive
authority of the Government of Lebanon through the Lebanese army
throughout Lebanon, as required under paragraph (4) of United
Nations Security Council Resolution 520 (1982),
then the President is authorized to provide assistance to Syria
under chapter 1 of part I of the Foreign Assistance Act of 1961 [22
U.S.C. 2151 et seq.] (relating to development assistance).
"(d) Certification. - A certification under this subsection is a
certification transmitted to the appropriate congressional
committees of a determination made by the President that -
"(1) the Government of Syria has ceased providing support for
international terrorist groups and does not allow terrorist
groups, such as Hamas, Hizballah, Palestinian Islamic Jihad, the
Popular Front for the Liberation of Palestine, and the Popular
Front for the Liberation of Palestine - General Command to
maintain facilities in territory under Syrian control;
"(2) the Government of Syria ended its occupation of Lebanon
described in section 2(7) of this Act;
"(3) the Government of Syria has ceased the development and
deployment of medium- and long-range surface-to-surface ballistic
missiles, is not pursuing or engaged in the research,
development, acquisition, production, transfer, or deployment of
biological, chemical, or nuclear weapons, has provided credible
assurances that such behavior will not be undertaken in the
future, and has agreed to allow United Nations and other
international observers to verify such actions and assurances;
and
"(4) the Government of Syria has ceased all support for, and
facilitation of, all terrorist activities inside of Iraq,
including preventing the use of territory under its control by
any means whatsoever to support those engaged in terrorist
activities inside of Iraq.
"SEC. 6. REPORT.
"(a) Report. - Not later than 6 months after the date of the
enactment of this Act [Dec. 12, 2003], and every 12 months
thereafter until the conditions described in paragraphs (1) through
(4) of section 5(d) are satisfied, the Secretary of State shall
submit to the appropriate congressional committees a report on -
"(1) Syria's progress toward meeting the conditions described
in paragraphs (1) through (4) of section 5(d);
"(2) connections, if any, between individual terrorists and
terrorist groups which maintain offices, training camps, or other
facilities on Syrian territory, or operate in areas of Lebanon
occupied by the Syrian armed forces, and terrorist attacks on the
United States or its citizens, installations, or allies; and
"(3) how the United States is increasing its efforts against
Hizballah and other terrorist organizations supported by Syria.
"(b) Form. - The report submitted under subsection (a) shall be
in unclassified form but may include a classified annex.
"SEC. 7. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
"In this Act, the term 'appropriate congressional committees'
means the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate."
[For delegation of functions of President under section 5(b) of
Pub. L. 108-175, set out above, see section 9 of Ex. Ord. No.
13338, May 11, 2004, 69 F.R. 26751, set out as a note under section
1701 of Title 50, War and National Defense.]
IRAQ RELIEF AND RECONSTRUCTION FUND
Pub. L. 108-106, title II, Secs. 2207, 2208, Nov. 6, 2003, 117
Stat. 1231, as amended by section 574(a) of H.R. 4818, One Hundred
Eighth Congress, as passed by the House of Representatives on July
15, 2004, and as enacted into law by Pub. L. 108-309, Sec. 135,
Sept. 30, 2004, 118 Stat. 1143, provided that:
"Sec. 2207. (a) The Secretary of State shall submit to the
Committees on Appropriations not later than January 5, 2004 and
prior to the initial obligation of funds appropriated by this Act
under the heading 'Iraq Relief and Reconstruction Fund' [117 Stat.
1225] a report on the proposed uses of all funds under this heading
on a project-by-project basis, for which the obligation of funds is
anticipated during the 3 month period from such date, including
estimates by the CPA of the costs required to complete each such
project: Provided, That up to 20 percent of funds appropriated
under such heading may be obligated before the submission of the
report: Provided further, That in addition such report shall
include the following:
"(1) The use of all funds on a project-by-project basis for
which funds appropriated under such heading were obligated prior
to the submission of the report, including estimates by the CPA
of the costs required to complete each project.
"(2) The distribution of duties and responsibilities regarding
such projects among the agencies of the United States Government.
"(3) Revenues to the CPA attributable to or consisting of funds
provided by foreign governments and international organizations,
disaggregated by donor, any obligations or expenditures of such
revenues, and the purpose of such obligations and expenditures.
"(4) Revenues to the CPA attributable to or consisting of
foreign assets seized or frozen, any obligations or expenditures
of such revenues, and the purpose of such obligations and
expenditures.
"(b) Any proposed new projects and increases in funding of
ongoing projects shall be reported to the Committees on
Appropriations in accordance with regular notification procedures.
"(c) The report required by subsection (a) shall be updated and
submitted to the Committees on Appropriations every 3 months and
shall include information on how the estimates and assumptions
contained in previous reports have changed.
"(d) The requirements of this section shall expire on October 1,
2007.
"Sec. 2208. Any reference in this chapter [chapter 2 of title II
of Pub. L. 108-106, enacting section 7554 of this title, amending
sections 7518 and 7532 of this title, and enacting this note and
section 2215(a) of Pub. L. 108-106, set out as a note below] to the
'Coalition Provisional Authority in Iraq' or the 'Coalition
Provisional Authority' shall be deemed to include any successor
United States Government entity with the same or substantially the
same authorities and responsibilities as the Coalition Provisional
Authority in Iraq."
REPORTS ON IRAQI OIL PRODUCTION AND REVENUES
Pub. L. 108-106, title II, Sec. 2215(a), Nov. 6, 2003, 117 Stat.
1232, provided that:
"(1) The Coalition Provisional Authority (CPA) shall, on a
monthly basis until September 30, 2006, submit a report to the
Committees on Appropriations which details, for the preceding
month, Iraqi oil production and oil revenues, and uses of such
revenues.
"(2) The first report required by this subsection shall be
submitted not later than 30 days after enactment of this Act [Nov.
6, 2003].
"(3) The reports required by this subsection shall also be made
publicly available in both English and Arabic, including through
the CPA's Internet website."
REPORTS ON UNITED STATES STRATEGY FOR RELIEF AND RECONSTRUCTION IN
IRAQ
Pub. L. 108-11, title I, Sec. 1506, Apr. 16, 2003, 117 Stat. 580,
provided that:
"(a) Initial Report. - Not later than 45 days after the date of
enactment of this Act [Apr. 16, 2003], the President shall submit
to the Committees on Appropriations a report on the United States
strategy regarding activities related to post-conflict security,
humanitarian assistance, governance, and reconstruction in Iraq
that are undertaken as a result of Operation Iraqi Freedom. The
report shall include the following:
"(1) The distribution of duties and responsibilities regarding
such activities among agencies of the United States Government,
including the Department of State, the United States Agency for
International Development, and the Department of Defense (to be
provided within 30 days of enactment of this Act).
"(2) A detailed plan describing the roles and responsibilities
of foreign governments and international organizations including
the United Nations, in carrying out activities related to post-
conflict security, humanitarian assistance, governance, and
reconstruction in Iraq.
"(3) A strategy for coordinating such activities among the
United States Government, foreign governments and international
organizations, including the United Nations.
"(4) An initial estimate of the costs expected to be associated
with such activities.
"(5) A strategy for distributing the responsibility for paying
costs associated with reconstruction activities in Iraq among the
United States, foreign governments, and international
organizations, including the United Nations, and an estimate of
the revenue expected to be generated by Iraqi oil production that
could be used to pay such costs.
"(b) Subsequent Reports. - Not later than 90 days after the date
of enactment of this Act [Apr. 16, 2003], and every 90 days
thereafter until September 30, 2004, the President shall submit to
the Committees on Appropriations a report that contains:
"(1) A list of significant United States Government-funded
activities related to reconstruction in Iraq that, during the 90-
day period ending 15 days prior to the date the report is
submitted to the Committees on Appropriations -
"(A) were initiated; or
"(B) were completed.
"(2) A list of the significant activities related to
reconstruction in Iraq that the President anticipates initiating
during the 90-day period beginning on the date the report is
submitted to the Committees on Appropriations, including:
"(A) Cost estimates for carrying out the proposed activities.
"(B) The source of the funds that will be used to pay such
costs.
"(3) Updated strategies, if changes are proposed regarding
matters included in the reports required under subsection (a).
"(4) An updated list of the financial pledges and contributions
made by foreign governments or international organizations to
fund activities related to humanitarian, governance, and
reconstruction assistance in Iraq."
COMMUNITY-BASED POLICE ASSISTANCE FOR JAMAICA AND EL SALVADOR
Pub. L. 108-7, div. E, title V, Sec. 582, Feb. 20, 2003, 117
Stat. 214, provided that:
"(a) Authority. - Funds made available to carry out the
provisions of chapter 1 of part I [22 U.S.C. 2151 et seq.] and
chapter 4 of part II [22 U.S.C. 2346 et seq.] of the Foreign
Assistance Act of 1961, may be used, notwithstanding section 660 of
that Act [22 U.S.C. 2420], to enhance the effectiveness and
accountability of civilian police authority in Jamaica and El
Salvador through training and technical assistance in human rights,
the rule of law, strategic planning, and through assistance to
foster civilian police roles that support democratic governance
including assistance for programs to prevent conflict and foster
improved police relations with the communities they serve.
"(b) Report. -
"(1) The Administrator of the United States Agency for
International Development shall submit, at the time of submission
of the agency's Congressional Budget Justification Document for
fiscal year 2004, and annually thereafter, a report to the
Committees on Appropriations describing the progress these
programs are making toward improving police relations with the
communities they serve and institutionalizing an effective
community-based police program.
"(2) The requirements of paragraph (1) are in lieu of the
requirements contains [sic] in section 587(b) of Public Law 107-
115 [see Similar Provisions note below].
"(c) Notification. - Assistance provided under subsection (a)
shall be subject to the regular notification procedures of the
Committees on Appropriations."
Provisions similar to section 582(a), (c) of div. E of Pub. L.
108-7 were contained in the following appropriation acts:
Pub. L. 109-102, title V, Sec. 564, Nov. 14, 2005, 119 Stat.
2225.
Pub. L. 108-447, div. D, title V, Sec. 564, Dec. 8, 2004, 118
Stat. 3022.
Pub. L. 108-199, div. D, title V, Sec. 573, Jan. 23, 2004, 118
Stat. 199.
Pub. L. 107-115, title V, Sec. 587, Jan. 10, 2002, 115 Stat.
2173.
ASSISTANCE FOR ZIMBABWE
Pub. L. 109-102, title V, Sec. 572, Nov. 14, 2005, 119 Stat.
2229, provided that: "The Secretary of the Treasury shall instruct
the United States executive director to each international
financial institution to vote against any extension by the
respective institution of any loans to the Government of Zimbabwe,
except to meet basic human needs or to promote democracy, unless
the Secretary of State determines and certifies to the Committees
on Appropriations that the rule of law has been restored in
Zimbabwe, including respect for ownership and title to property,
freedom of speech and association."
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 108-447, div. D, title V, Sec. 580, Dec. 8, 2004, 118
Stat. 3030.
Pub. L. 108-199, div. D, title V, Sec. 557, Jan. 23, 2004, 118
Stat. 190.
Pub. L. 108-7, div. E, title V, Sec. 556, Feb. 20, 2003, 117
Stat. 202.
Pub. L. 107-115, title V, Sec. 560, Jan. 10, 2002, 115 Stat.
2162.
Pub. L. 107-99, Dec. 21, 2001, 115 Stat. 962, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Zimbabwe Democracy and Economic
Recovery Act of 2001'.
"SEC. 2. STATEMENT OF POLICY.
"It is the policy of the United States to support the people of
Zimbabwe in their struggle to effect peaceful, democratic change,
achieve broad-based and equitable economic growth, and restore the
rule of law.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1) International financial institutions. - The term
'international financial institutions' means the multilateral
development banks and the International Monetary Fund.
"(2) Multilateral development banks. - The term 'multilateral
development banks' means the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the Asian Development Bank, the Inter-
American Investment Corporation, the African Development Bank,
the African Development Fund, the European Bank for
Reconstruction and Development, and the Multilateral Investment
Guaranty Agency.
"SEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY.
"(a) Findings. - Congress makes the following findings:
"(1) Through economic mismanagement, undemocratic practices,
and the costly deployment of troops to the Democratic Republic of
the Congo, the Government of Zimbabwe has rendered itself
ineligible to participate in International Bank for
Reconstruction and Development and International Monetary Fund
programs, which would otherwise be providing substantial
resources to assist in the recovery and modernization of
Zimbabwe's economy. The people of Zimbabwe have thus been denied
the economic and democratic benefits envisioned by the donors to
such programs, including the United States.
"(2) In September 1999 the IMF suspended its support under a
'Stand By Arrangement', approved the previous month, for economic
adjustment and reform in Zimbabwe.
"(3) In October 1999, the International Development Association
(in this section referred to as the 'IDA') suspended all
structural adjustment loans, credits, and guarantees to the
Government of Zimbabwe.
"(4) In May 2000, the IDA suspended all other new lending to
the Government of Zimbabwe.
"(5) In September 2000, the IDA suspended disbursement of funds
for ongoing projects under previously-approved loans, credits,
and guarantees to the Government of Zimbabwe.
"(b) Support for Democratic Transition and Economic Recovery. -
"(1) Bilateral debt relief. - Upon receipt by the appropriate
congressional committees of a certification described in
subsection (d), the Secretary of the Treasury shall undertake a
review of the feasibility of restructuring, rescheduling, or
eliminating the sovereign debt of Zimbabwe held by any agency of
the United States Government.
"(2) Multilateral debt relief and other financial assistance. -
It is the sense of Congress that, upon receipt by the appropriate
congressional committees of a certification described in
subsection (d), the Secretary of the Treasury should -
"(A) direct the United States executive director of each
multilateral development bank to propose that the bank should
undertake a review of the feasibility of restructuring,
rescheduling, or eliminating the sovereign debt of Zimbabwe
held by that bank; and
"(B) direct the United States executive director of each
international financial institution to which the United States
is a member to propose to undertake financial and technical
support for Zimbabwe, especially support that is intended to
promote Zimbabwe's economic recovery and development, the
stabilization of the Zimbabwean dollar, and the viability of
Zimbabwe's democratic institutions.
"(c) Multilateral Financing Restriction. - Until the President
makes the certification described in subsection (d), and except as
may be required to meet basic human needs or for good governance,
the Secretary of the Treasury shall instruct the United States
executive director to each international financial institution to
oppose and vote against -
"(1) any extension by the respective institution of any loan,
credit, or guarantee to the Government of Zimbabwe; or
"(2) any cancellation or reduction of indebtedness owed by the
Government of Zimbabwe to the United States or any international
financial institution.
"(d) Presidential Certification That Certain Conditions Are
Satisfied. - A certification under this subsection is a
certification transmitted to the appropriate congressional
committees of a determination made by the President that the
following conditions are satisfied:
"(1) Restoration of the rule of law. - The rule of law has been
restored in Zimbabwe, including respect for ownership and title
to property, freedom of speech and association, and an end to the
lawlessness, violence, and intimidation sponsored, condoned, or
tolerated by the Government of Zimbabwe, the ruling party, and
their supporters or entities.
"(2) Election or pre-election conditions. - Either of the
following two conditions is satisfied:
"(A) Presidential election. - Zimbabwe has held a
presidential election that is widely accepted as free and fair
by independent international monitors, and the president-elect
is free to assume the duties of the office.
"(B) Pre-election conditions. - In the event the
certification is made before the presidential election takes
place, the Government of Zimbabwe has sufficiently improved the
pre-election environment to a degree consistent with accepted
international standards for security and freedom of movement
and association.
"(3) Commitment to equitable, legal, and transparent land
reform. - The Government of Zimbabwe has demonstrated a
commitment to an equitable, legal, and transparent land reform
program consistent with agreements reached at the International
Donors' Conference on Land Reform and Resettlement in Zimbabwe
held in Harare, Zimbabwe, in September 1998.
"(4) Fulfillment of agreement ending war in democratic republic
of congo. - The Government of Zimbabwe is making a good faith
effort to fulfill the terms of the Lusaka, Zambia, agreement on
ending the war in the Democratic Republic of Congo.
"(5) Military and national police subordinate to civilian
government. - The Zimbabwean Armed Forces, the National Police of
Zimbabwe, and other state security forces are responsible to and
serve the elected civilian government.
"(e) Waiver. - The President may waive the provisions of
subsection (b)(1) or subsection (c), if the President determines
that it is in the national interest of the United States to do so.
"SEC. 5. SUPPORT FOR DEMOCRATIC INSTITUTIONS, THE FREE PRESS AND
INDEPENDENT MEDIA, AND THE RULE OF LAW.
"(a) In General. - The President is authorized to provide
assistance under part I [22 U.S.C. 2151 et seq.] and chapter 4 of
part II [22 U.S.C. 2346 et seq.] of the Foreign Assistance Act of
1961 to -
"(1) support an independent and free press and electronic media
in Zimbabwe;
"(2) support equitable, legal, and transparent mechanisms of
land reform in Zimbabwe, including the payment of costs related
to the acquisition of land and the resettlement of individuals,
consistent with the International Donors' Conference on Land
Reform and Resettlement in Zimbabwe held in Harare, Zimbabwe, in
September 1998, or any subsequent agreement relating thereto; and
"(3) provide for democracy and governance programs in Zimbabwe.
"(b) Funding. - Of the funds authorized to be appropriated to
carry out part I [22 U.S.C. 2151 et seq.] and chapter 4 of part II
[22 U.S.C. 2346 et seq.] of the Foreign Assistance Act of 1961 for
fiscal year 2002 -
"(1) $20,000,000 is authorized to be available to provide the
assistance described in subsection (a)(2); and
"(2) $6,000,000 is authorized to be available to provide the
assistance described in subsection (a)(3).
"(c) Supersedes Other Laws. - The authority in this section
supersedes any other provision of law.
"SEC. 6. SENSE OF CONGRESS ON THE ACTIONS TO BE TAKEN AGAINST
INDIVIDUALS RESPONSIBLE FOR VIOLENCE AND THE BREAKDOWN OF THE
RULE OF LAW IN ZIMBABWE.
"It is the sense of Congress that the President should begin
immediate consultation with the governments of European Union
member states, Canada, and other appropriate foreign countries on
ways in which to -
"(1) identify and share information regarding individuals
responsible for the deliberate breakdown of the rule of law,
politically motivated violence, and intimidation in Zimbabwe;
"(2) identify assets of those individuals held outside
Zimbabwe;
"(3) implement travel and economic sanctions against those
individuals and their associates and families; and
"(4) provide for the eventual removal or amendment of those
sanctions."
REPORT ON RELATIONS WITH VIETNAM
Pub. L. 105-277, div. G, subdiv. B, title XXVIII, Sec. 2805, Oct.
21, 1998, 112 Stat. 2681-846, as amended by Pub. L. 106-113, div.
B, Sec. 1000(a)(7) [div. A, title II, Sec. 209(c)], Nov. 29, 1999,
113 Stat. 1536, 1501A-423, provided that: "In order to provide
Congress with the necessary information by which to evaluate the
relationship between the United States and Vietnam, the Secretary
of State shall submit a report to the appropriate congressional
committees [Committee on International Relations of House of
Representatives and Committee on Foreign Relations of Senate], not
later than 90 days after the date of enactment of this Act [Oct.
21, 1998] and every 180 days thereafter during the period ending
September 30, 2001, on the extent to which -
"(1) the Government of the Socialist Republic of Vietnam is
cooperating with the United States in providing the fullest
possible accounting of all unresolved cases of prisoners of war
(POWs) or persons missing-in-action (MIAs) through the provision
of records and the unilateral and joint recovery and repatriation
of American remains;
"(2) the Government of the Socialist Republic of Vietnam has
made progress toward the release of all political and religious
prisoners, including Catholic, Protestant, and Buddhist clergy;
"(3) the Government of the Socialist Republic of Vietnam is
cooperating with requests by the United States to obtain full and
free access to persons of humanitarian interest to the United
States for interviews under the Orderly Departure (ODP) and
Resettlement Opportunities for Vietnamese Refugees (ROVR)
programs, and in providing exit visas for such persons;
"(4) the Government of the Socialist Republic of Vietnam has
taken vigorous action to end extortion, bribery, and other
corrupt practices in connection with such exit visas; and
"(5) the Government of the United States is making vigorous
efforts to interview and resettle former reeducation camp
victims, their immediate families including unmarried sons and
daughters, former United States Government employees, and other
persons eligible for the ODP program, and to give such persons
the full benefit of all applicable United States laws including
sections 599D and 599E of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act of 1990
(Public Law 101-167) [8 U.S.C. 1157 note, 1255 note]."
IRAQ LIBERATION
Pub. L. 105-338, Oct. 31, 1998, 112 Stat. 3178, as amended by
Pub. L. 108-11, title I, Sec. 1309(b), Apr. 16, 2003, 117 Stat.
568, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Iraq Liberation Act of 1998'.
"SEC. 2. FINDINGS.
"The Congress makes the following findings:
"(1) On September 22, 1980, Iraq invaded Iran, starting an 8
year war in which Iraq employed chemical weapons against Iranian
troops and ballistic missiles against Iranian cities.
"(2) In February 1988, Iraq forcibly relocated Kurdish
civilians from their home villages in the Anfal campaign, killing
an estimated 50,000 to 180,000 Kurds.
"(3) On March 16, 1988, Iraq used chemical weapons against
Iraqi Kurdish civilian opponents in the town of Halabja, killing
an estimated 5,000 Kurds and causing numerous birth defects that
affect the town today.
"(4) On August 2, 1990, Iraq invaded and began a 7 month
occupation of Kuwait, killing and committing numerous abuses
against Kuwaiti civilians, and setting Kuwait's oil wells ablaze
upon retreat.
"(5) Hostilities in Operation Desert Storm ended on February
28, 1991, and Iraq subsequently accepted the ceasefire conditions
specified in United Nations Security Council Resolution 687
(April 3, 1991) requiring Iraq, among other things, to disclose
fully and permit the dismantlement of its weapons of mass
destruction programs and submit to long-term monitoring and
verification of such dismantlement.
"(6) In April 1993, Iraq orchestrated a failed plot to
assassinate former President George Bush during his April 14-16,
1993, visit to Kuwait.
"(7) In October 1994, Iraq moved 80,000 troops to areas near
the border with Kuwait, posing an imminent threat of a renewed
invasion of or attack against Kuwait.
"(8) On August 31, 1996, Iraq suppressed many of its opponents
by helping one Kurdish faction capture Irbil, the seat of the
Kurdish regional government.
"(9) Since March 1996, Iraq has systematically sought to deny
weapons inspectors from the United Nations Special Commission on
Iraq (UNSCOM) access to key facilities and documents, has on
several occasions endangered the safe operation of UNSCOM
helicopters transporting UNSCOM personnel in Iraq, and has
persisted in a pattern of deception and concealment regarding the
history of its weapons of mass destruction programs.
"(10) On August 5, 1998, Iraq ceased all cooperation with
UNSCOM, and subsequently threatened to end long-term monitoring
activities by the International Atomic Energy Agency and UNSCOM.
"(11) On August 14, 1998, President Clinton signed Public Law
105-235 [112 Stat. 1538], which declared that 'the Government of
Iraq is in material and unacceptable breach of its international
obligations' and urged the President 'to take appropriate action,
in accordance with the Constitution and relevant laws of the
United States, to bring Iraq into compliance with its
international obligations.'.
"(12) On May 1, 1998, President Clinton signed Public Law 105-
174 [see Tables for classification], which made $5,000,000
available for assistance to the Iraqi democratic opposition for
such activities as organization, training, communication and
dissemination of information, developing and implementing
agreements among opposition groups, compiling information to
support the indictment of Iraqi officials for war crimes, and for
related purposes.
"SEC. 3. SENSE OF THE CONGRESS REGARDING UNITED STATES POLICY
TOWARD IRAQ.
"It should be the policy of the United States to support efforts
to remove the regime headed by Saddam Hussein from power in Iraq
and to promote the emergence of a democratic government to replace
that regime.
"SEC. 4. ASSISTANCE TO SUPPORT A TRANSITION TO DEMOCRACY IN IRAQ.
"(a) Authority To Provide Assistance. - The President may provide
to the Iraqi democratic opposition organizations designated in
accordance with section 5 the following assistance:
"(1) Broadcasting assistance. - (A) Grant assistance to such
organizations for radio and television broadcasting by such
organizations to Iraq.
"(B) There is authorized to be appropriated to the United
States Information Agency $2,000,000 for fiscal year 1999 to
carry out this paragraph.
"(2) Military assistance. - (A) The President is authorized to
direct the drawdown of defense articles from the stocks of the
Department of Defense, defense services of the Department of
Defense, and military education and training for such
organizations.
"(B) The aggregate value (as defined in section 644(m) of the
Foreign Assistance Act of 1961 [22 U.S.C. 2403(m)]) of assistance
provided under this paragraph may not exceed $97,000,000.
"(C) The aggregate value (as defined in section 644(m) of the
Foreign Assistance Act of 1961 [22 U.S.C. 2403(m)]) of assistance
provided under this paragraph may not exceed $86,500,000 in
fiscal year 2003.
"(b) Humanitarian Assistance. - The Congress urges the President
to use existing authorities under the Foreign Assistance Act of
1961 [22 U.S.C. 2151 et seq.] to provide humanitarian assistance to
individuals living in areas of Iraq controlled by organizations
designated in accordance with section 5, with emphasis on
addressing the needs of individuals who have fled to such areas
from areas under the control of the Saddam Hussein regime.
"(c) Restriction on Assistance. - No assistance under this
section shall be provided to any group within an organization
designated in accordance with section 5 which group is, at the time
the assistance is to be provided, engaged in military cooperation
with the Saddam Hussein regime.
"(d) Notification Requirement. - The President shall notify the
congressional committees specified in section 634A of the Foreign
Assistance Act of 1961 [22 U.S.C. 2394-1] at least 15 days in
advance of each obligation of assistance under this section in
accordance with the procedures applicable to reprogramming
notifications under section 634A.
"(e) Reimbursement Relating to Military Assistance. -
"(1) In general. - Defense articles, defense services, and
military education and training provided under subsection (a)(2)
shall be made available without reimbursement to the Department
of Defense except to the extent that funds are appropriated
pursuant to paragraph (2).
"(2) Authorization of appropriations. - There are authorized to
be appropriated to the President for each of the fiscal years
1998 and 1999 such sums as may be necessary to reimburse the
applicable appropriation, fund, or account for the value (as
defined in section 644(m) of the Foreign Assistance Act of 1961
[22 U.S.C. 2403(m)]) of defense articles, defense services, or
military education and training provided under subsection (a)(2).
"(f) Availability of Funds. - (1) Amounts authorized to be
appropriated under this section are authorized to remain available
until expended.
"(2) Amounts authorized to be appropriated under this section are
in addition to amounts otherwise available for the purposes
described in this section.
"(g) Authority To Provide Assistance. - Activities under this
section (including activities of the nature described in subsection
(b)) may be undertaken notwithstanding any other provision of law.
"SEC. 5. DESIGNATION OF IRAQI DEMOCRATIC OPPOSITION ORGANIZATION.
"(a) Initial Designation. - Not later than 90 days after the date
of the enactment of this Act [Oct. 31, 1998], the President shall
designate one or more Iraqi democratic opposition organizations
that the President determines satisfy the criteria set forth in
subsection (c) as eligible to receive assistance under section 4.
"(b) Designation of Additional Organizations. - At any time
subsequent to the initial designation pursuant to subsection (a),
the President may designate one or more additional Iraqi democratic
opposition organizations that the President determines satisfy the
criteria set forth in subsection (c) as eligible to receive
assistance under section 4.
"(c) Criteria for Designation. - In designating an organization
pursuant to this section, the President shall consider only
organizations that -
"(1) include a broad spectrum of Iraqi individuals, groups, or
both, opposed to the Saddam Hussein regime; and
"(2) are committed to democratic values, to respect for human
rights, to peaceful relations with Iraq's neighbors, to
maintaining Iraq's territorial integrity, and to fostering
cooperation among democratic opponents of the Saddam Hussein
regime.
"(d) Notification Requirement. - At least 15 days in advance of
designating an Iraqi democratic opposition organization pursuant to
this section, the President shall notify the congressional
committees specified in section 634A of the Foreign Assistance Act
of 1961 [22 U.S.C. 2394-1] of his proposed designation in
accordance with the procedures applicable to reprogramming
notifications under section 634A.
"SEC. 6. WAR CRIMES TRIBUNAL FOR IRAQ.
"Consistent with section 301 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138
[105 Stat. 707]), House Concurrent Resolution 137, 105th Congress
(approved by the House of Representatives on November 13, 1997),
and Senate Concurrent Resolution 78, 105th Congress (approved by
the Senate on March 13, 1998), the Congress urges the President to
call upon the United Nations to establish an international criminal
tribunal for the purpose of indicting, prosecuting, and imprisoning
Saddam Hussein and other Iraqi officials who are responsible for
crimes against humanity, genocide, and other criminal violations of
international law.
"SEC. 7. ASSISTANCE FOR IRAQ UPON REPLACEMENT OF SADDAM HUSSEIN
REGIME.
"It is the sense of the Congress that once the Saddam Hussein
regime is removed from power in Iraq, the United States should
support Iraq's transition to democracy by providing immediate and
substantial humanitarian assistance to the Iraqi people, by
providing democracy transition assistance to Iraqi parties and
movements with democratic goals, and by convening Iraq's foreign
creditors to develop a multilateral response to Iraq's foreign debt
incurred by Saddam Hussein's regime.
"SEC. 8. RULE OF CONSTRUCTION.
"Nothing in this Act shall be construed to authorize or otherwise
speak to the use of United States Armed Forces (except as provided
in section 4(a)(2)) in carrying out this Act."
DESIGNATIONS UNDER THE IRAQ LIBERATION ACT OF 1998
Determination of President of the United States, No. 03-05, Dec.
7, 2002, 67 F.R. 78121, provided:
Memorandum for the Secretary of State
Pursuant to the authority vested in me as President of the United
States, including under section 5 of the Iraq Liberation Act of
1998 (Public Law 105-338) ("the Act") [set out in a note above], I
hereby determine that each of the following groups is a democratic
opposition organization and that each satisfies the criteria set
forth in section 5(c) of the Act: the Assyrian Democratic Movement;
the Iraqi Free Officers and Civilians Movement; the Iraqi National
Front; the Iraqi National Movement; the Iraqi Turkmen Front; and
the Islamic Accord of Iraq. I hereby designate each of these
organizations as eligible to receive assistance under section 4 of
the Act.
You are authorized and directed to report this determination and
designation to the Congress and to arrange for its publication in
the Federal Register.
George W. Bush.
Determination of President of the United States, No. 99-13, Feb.
4, 1999, 64 F.R. 6781, provided:
Memorandum for the Secretary of State
Pursuant to the authority vested in me as President of the United
States, including under section 5 of the Iraq Liberation Act of
1998 (Public Law 105-338) (the "Act") [set out in a note above], I
hereby determine that each of the following groups is a democratic
opposition organization and that each satisfies the criteria set
forth in section 5(c) of the Act: the Iraqi National Accord, the
Iraqi National Congress, the Islamic Movement of Iraqi Kurdistan,
the Kurdistan Democratic Party, the Movement for Constitutional
Monarchy, the Patriotic Union of Kurdistan, and the Supreme Council
for the Islamic Revolution in Iraq. I hereby designate each of
these organizations as eligible to receive assistance under section
4 of the Act.
You are authorized and directed to report this determination and
designation to the Congress and arrange for its publication in the
Federal Register.
William J. Clinton.
ASSISTANCE FOR MAURITANIA
Pub. L. 104-319, title II, Sec. 202, Oct. 19, 1996, 110 Stat.
3866, provided that:
"(a) Prohibition. - The President should not provide economic
assistance, military assistance or arms transfers to the Government
of Mauritania unless the President certifies to the Congress that
such Government has taken appropriate action to eliminate chattel
slavery in Mauritania, including -
"(1) the enactment of anti-slavery laws that provide
appropriate punishment for violators of such laws; and
"(2) the rigorous enforcement of such laws.
"(b) Definitions. - For purposes of this section, the following
definitions apply:
"(1) Economic assistance. - The term 'economic assistance'
means any assistance under part I of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq.), except that such term does not
include humanitarian assistance.
"(2) Military assistance or arms transfers. - The term
'military assistance or arms transfers' means -
"(A) assistance under chapter 2 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2311 et seq.; relating to
military assistance), including the transfer of excess defense
articles under sections 516 through 519 of that Act (22 U.S.C.
2321j through 2321m);
"(B) assistance under chapter 5 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to
international military education and training);
"(C) assistance under the 'Foreign Military Financing
Program' under section 23 of the Arms Export Control Act (22
U.S.C. 2763); or
"(D) the transfer of defense articles, defense services, or
design and construction services under the Arms Export Control
Act (22 U.S.C. 2751 et seq.), including defense articles and
defense services licensed or approved for export under section
38 of that Act (22 U.S.C. 2778)."
AUTHORITY FOR ANTICRIME ASSISTANCE
Pub. L. 103-447, title I, Sec. 106, Nov. 2, 1994, 108 Stat. 4694,
provided that:
"(a) Policy. - International criminal activities, including
international narcotics trafficking, money laundering, smuggling,
and corruption, endanger political and economic stability and
democratic development, and assistance for the prevention and
suppression of international criminal activities should be a
priority for the United States.
"(b) Authority. -
"(1) In general. - For fiscal year 1995, the President is
authorized to furnish assistance to any country or international
organization, on such terms and conditions as he may determine,
for the prevention and suppression of international criminal
activities.
"(2) Waiver of prohibition of police training. - Section 660 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2420) shall not
apply with respect to assistance furnished under paragraph (1)."
[Functions of President under section 106 of Pub. L. 103-447, set
out above, delegated to Secretary of State by Memorandum of
President of the United States, Apr. 4, 1995, 60 F.R. 19153.]
AFRICAN CONFLICT RESOLUTION
Pub. L. 103-381, Oct. 19, 1994, 108 Stat. 3513, provided that:
"SECTION. 1. SHORT TITLE.
"This Act may be cited as the 'African Conflict Resolution Act'.
"SEC. 2. FINDINGS AND STATEMENT OF POLICY.
"(a) Findings. - The Congress makes the following findings:
"(1) It is in the national interest of the United States to
help build African capability in conflict resolution. A
relatively small investment of assistance in promoting African
conflict resolution -
"(A) would reduce the enormous human suffering which is
caused by wars in Africa;
"(B) would help the United States avoid huge future
expenditures necessitated by Somalia-like humanitarian
disasters; and
"(C) would reduce the need for United Nations intervention as
African institutions develop the ability to resolve African
conflicts.
"(2) Africa, to a greater extent than any other continent, is
afflicted by war. Africa has been marred by more than 20 major
civil wars since 1960. Rwanda, Somalia, Angola, Sudan, Liberia,
and Burundi are among those countries that have recently suffered
serious armed conflict.
"(3) In the last decade alone, between 2,000,000 and 4,000,000
Africans have died because of war. There were 5,200,000 refugees
and 13,100,000 displaced people in Africa in 1993.
"(4) Millions more Africans are currently at risk of war-
related death. Looming or ongoing conflicts in Zaire, Angola,
Sudan, Rwanda, and other countries threaten Africa's future.
"(5) War has caused untold economic and social damage to the
countries of Africa. Food production is impossible in conflict
areas, and famine often results. Widespread conflict has
condemned many of Africa's children to lives of misery and, in
certain cases, has threatened the existence of traditional
African cultures.
"(6) Conflict and instability in Africa, particularly in large,
potentially rich countries such as Angola, Sudan, and Zaire,
deprive the global economy of resources and opportunities for
trade and investment. Peace in these countries could make a
significant contribution to global economic growth, while
creating new opportunities for United States businesses.
"(7) Excessive military expenditures threaten political and
economic stability in Africa while diverting scarce resources
from development needs. Demobilization and other measures to
reduce the size of African armies, and civilian control of the
military under the rule of law are in the interest of
international security and economic development.
"(8) Conflict prevention, mediation, and demobilization are
prerequisites to the success of development assistance programs.
Nutrition and education programs, for example, cannot succeed in
a nation at war. Billions of dollars of development assistance
have been virtually wasted in war-ravaged countries such as
Liberia, Somalia, and Sudan.
"(9) Africans have a long tradition of informal mediation. This
tradition should be built upon to create effective institutions
through which Africans can resolve African conflicts.
"(10) The effectiveness of U.S. support for conflict resolution
programs requires coordination and collaboration with
multilateral institutions and other bilateral donors.
"(11) African institutions are playing an active role in
conflict resolution and mediation utilizing the experience of
elder statesmen. Groups such as the All African Council of
Churches have assisted in defusing conflicts. The Economic
Community of West African States (ECOWAS) has sought to address
the conflict in Liberia by deploying an African peacekeeping
force. The Southern African states have been working to prevent a
crisis in Lesotho. The Intergovernmental Authority on
Desertification and Drought (IGADD) has been engaged in
attempting to resolve the conflict in Sudan.
"(12) The Organization of African Unity, under the leadership
of Secretary General Salim Salim, has established a conflict
resolution mechanism and has been active in mediation and
conflict resolution in several African countries.
"(b) United States Policy. - The Congress declares, therefore,
that a key goal for United States foreign policy should be to help
institutionalize conflict resolution capability in Africa.
"SEC. 3. IMPROVING THE CONFLICT RESOLUTION CAPABILITIES OF THE
ORGANIZATION OF AFRICAN UNITY.
"(a) Authorization of Assistance. - The President is authorized
to provide assistance to strengthen the conflict resolution
capability of the Organization of African Unity, as follows:
"(1) Funds may be provided to the Organization of African Unity
for use in supporting its conflict resolution capability,
including providing technical assistance.
"(2) Funds may be used for expenses of sending individuals with
expertise in conflict resolution to work with the Organization of
African Unity.
"(b) Funding. - Of the foreign assistance funds that are
allocated for sub-Saharan Africa, not less than $1,500,000 for each
of the fiscal years 1995 through 1998 should be used to carry out
subsection (a).
"SEC. 4. IMPROVING CONFLICT RESOLUTION CAPABILITIES OF
MULTILATERAL SUBREGIONAL ORGANIZATIONS IN AFRICA.
"(a) Authorization of Assistance. - The President is authorized
to provide assistance to strengthen the conflict resolution
capabilities of subregional organizations established by countries
in sub-Saharan Africa, as follows:
"(1) Funds may be provided to such organizations for use in
supporting their conflict resolution capability, including
providing technical assistance.
"(2) Funds may be used for the expenses of sending individuals
with expertise in conflict resolution to work with such
organizations.
"(b) Funding. - Of the foreign assistance funds that are
allocated for sub-Saharan Africa, such sums as may be necessary for
each of the fiscal years 1995 through 1998 may be used to carry out
subsection (a).
"SEC. 5. IMPROVING CONFLICT RESOLUTION CAPABILITIES OF NON-
GOVERNMENTAL ORGANIZATIONS.
"(a) Authorization of Assistance. - The President is authorized
to provide assistance to nongovernmental organizations that are
engaged in mediation and reconciliation efforts in sub-Saharan
Africa.
"(b) Funding. - Of the foreign assistance funds that are
allocated for sub-Saharan Africa, such sums as may be necessary for
each of the fiscal years 1995 and 1996 should be used to carry out
subsection (a).
"SEC. 6. AFRICAN DEMOBILIZATION AND RETRAINING PROGRAM.
"(a) Authorization of Assistance. - In order to facilitate
reductions in the size of the armed forces of countries of sub-
Saharan Africa, the President is authorized to -
"(1) provide assistance for the encampment and related
activities for the purpose of demobilization of such forces; and
"(2) provide assistance for the reintegration of demobilized
military personnel into civilian society through activities such
as retraining for civilian occupations, creation of income-
generating opportunities, their reintegration into agricultural
activities, and the transportation to the home areas of such
personnel.
"(b) Funding. - Of the foreign assistance funds that are
allocated for sub-Saharan Africa, $25,000,000 for each of the
fiscal years 1995 and 1996 should be used for the assistance
described in subsection (a), if conditions permit.
"(c) Civilian Involvement. - The President is also authorized to
promote civilian involvement in the planning and organization of
demobilization and reintegration activities.
"SEC. 7. TRAINING FOR AFRICANS IN CONFLICT RESOLUTION AND
PEACEKEEPING.
"(a) Authorization. - The President is authorized to establish a
program to provide education and training in conflict resolution
and peacekeeping for civilian and military personnel of countries
in sub-Saharan Africa.
"(b) Funding. - Of the funds made available under chapter 5 of
part II of the Foreign Assistance Act of 1961 [22 U.S.C. 2347 et
seq.], such sums as may be necessary for each of the fiscal years
1995 and 1996 should be used for the purposes of subsection (a).
"SEC. 8. PLAN FOR UNITED STATES SUPPORT FOR CONFLICT RESOLUTION
AND DEMOBILIZATION IN SUB-SAHARAN AFRICA.
"(a) In General. - Pursuant to the provisions of sections 3
through 7, the President should develop an integrated long-term
plan, which incorporates local perspectives, to provide support for
the enhancement of conflict resolution capabilities and
demobilization activities in sub-Saharan Africa.
"(b) Contents of Plan. - Such plan should include:
"(1) The type, purpose, amount, and duration of assistance that
is planned to be provided to conflict resolution units in sub-
Saharan Africa.
"(2) The type and amount of assistance that is planned to be
provided for the demobilization of military personnel of
countries of sub-Saharan Africa, including -
"(A) a list of which countries will receive such assistance
and an explanation of why such countries were chosen for such
assistance; and
"(B) a list of other countries and international
organizations that are providing assistance for such
demobilization.
"(3) The type and amount of assistance that is planned to be
provided to nongovernmental organizations that are engaged in
mediation and reconciliation efforts in sub-Saharan Africa.
"(4) A description of proposed training programs for Africans
in conflict resolution and peacekeeping under section 7,
including a list of prospective participants and plans to expand
such programs.
"(5) The mechanisms to be used to coordinate interagency
efforts to administer the plan.
"(6) Efforts to seek the participation of other countries and
international organizations to achieve the objectives of the
plan.
"(c) Report. - Not later than 180 days after the date of the
enactment of this Act [Oct. 19, 1994], the President shall submit
to the appropriate congressional committees a report containing a
description of the plan developed under this section.
"SEC. 9. REPORTING REQUIREMENT.
"(a) Requirement. - The President shall submit to the appropriate
congressional committees a report describing the efforts and
progress made in carrying out the provisions of this Act.
"(b) Date of Submission. - The first report submitted under
subsection (a) shall be submitted no later than 180 days after the
date of the enactment of this Act [Oct. 19, 1994], and shall be
submitted annually thereafter.
"SEC. 10. CONSULTATION REQUIREMENT.
"The President shall consult with the appropriate congressional
committees prior to providing assistance under sections 3 through
7.
"SEC. 11. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
"For purposes of this Act, the term 'appropriate congressional
committees' means the Committee on Foreign Affairs [now Committee
on International Relations] and the Committee on Appropriations of
the House of Representatives and the Committee on Foreign Relations
and the Committee on Appropriations of the Senate."
[Functions of President under sections 8 and 9 of Pub. L. 103-
381, set out above, delegated to Administrator of the Agency for
International Development by Memorandum of President of the United
States, June 6, 1995, 60 F.R. 30771.]
WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED ECONOMIC ASSISTANCE
Pub. L. 104-164, title I, Sec. 133, July 21, 1996, 110 Stat.
1430, provided that: "For each of the fiscal years 1996 and 1997,
narcotics-related assistance under part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.) may be provided
notwithstanding any other provision of law that restricts
assistance to foreign countries (other than section 490(e) or
section 502B of that Act (22 U.S.C. 2291j(e) and 2304)) if, at
least 15 days before obligating funds for such assistance, the
President notifies the appropriate congressional committees (as
defined in section 481(e) of that Act (22 U.S.C. 2291(e))) in
accordance with the procedures applicable to reprogramming
notifications under section 634A of that Act (22 U.S.C. 2394-1)."
SIMILAR PROVISIONS
Similar provisions were contained in the following prior acts:
Pub. L. 103-447, title I, Sec. 105, Nov. 2, 1994, 108 Stat. 4694.
Pub. L. 102-583, Sec. 8, Nov. 2, 1992, 106 Stat. 4933, prior to
repeal by Pub. L. 103-447, title I, Sec. 103(a), Nov. 2, 1994, 108
Stat. 4693.
"APPROPRIATE CONGRESSIONAL COMMITTEES" DEFINED FOR PURPOSES OF PUB.
L. 102-583
Pub. L. 102-583, Sec. 11(b), Nov. 2, 1992, 106 Stat. 4935,
provided that as used in Pub. L. 102-583, the term "appropriate
congressional committees" had the definition given that term by
section 481(e)(6) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291(e)(6)), prior to repeal by Pub. L. 103-447, title I, Sec.
103(a), Nov. 2, 1994, 108 Stat. 4693.
IMPACT ON EMPLOYMENT IN UNITED STATES
Pub. L. 102-549, title VIII, Sec. 801, Oct. 28, 1992, 106 Stat.
3671, provided that: "No funds made available to carry out any
provision of this Act [see Short Title of 1992 Amendments note
above] or the amendments made by this Act may be obligated or
expended for any financial incentive to a business enterprise
currently located in the United States for the purpose of inducing
such an enterprise to relocate outside the United States, if such
incentive or inducement is likely to reduce the number of employees
in the United States because United States production is being
replaced by such enterprise outside the United States."
INTERNATIONALLY RECOGNIZED WORKER RIGHTS
Pub. L. 102-549, title VIII, Sec. 802, Oct. 28, 1992, 106 Stat.
3671, provided that: "No funds made available to carry out any
provision of this Act [see Short Title of 1992 Amendments note
above] or the amendments made by this Act may be obligated or
expended for any project or activity that contributes to the
violation of internationally recognized workers rights, as defined
in section 502(a)(4) of the Trade Act of 1974 [19 U.S.C.
2462(a)(4)], of workers in the recipient country, including any
designated zone in that country."
HORN OF AFRICA RECOVERY AND FOOD SECURITY
Pub. L. 102-274, Apr. 21, 1992, 106 Stat. 115, known as the Horn
of Africa Recovery and Food Security Act, provided findings of
Congress concerning the Horn of Africa (the region comprised of
Ethiopia, Somalia, Sudan, and Djibouti), stated policy regarding
individual countries, authorized a relief and rehabilitation
program, provided for a peace initiative and a food security and
recovery strategy, prohibited security assistance to Ethiopia,
Somalia, or Sudan for fiscal year 1992 or 1993 absent a
certification by the President, required the President to submit a
report to Congress on the efforts and progress in carrying out Pub.
L. 102-274 not later than 180 days after Apr. 21, 1992, and
required additional reports.
PEACE PROCESS IN LIBERIA
Pub. L. 102-270, Apr. 16, 1992, 106 Stat. 106, as amended by Pub.
L. 104-107, title V, Sec. 573(a), Feb. 12, 1996, 110 Stat. 749,
provided: That (a) the Congress -
"(1) strongly supports the peace process for Liberia initiated
by the Yamoussoukro peace accord;
"(2) urges all parties to abide by the terms of the
Yamoussoukro agreement;
"(3) commends and congratulates the governments of the Economic
Community of West African States (ECOWAS) for their leadership in
seeking peace in Liberia; and
"(4) extends particularly praise to President Babangida of
Nigeria, President Houphouet-Boigny of Cote d'Ivoire, and
President Diouf of Senegal for their efforts to resolve this
conflict.
"(b) Authorization of Limited Assistance. - The President is
authorized to provide -
"(1) nonpartisan election and democracy-building assistance to
support democratic institutions in Liberia, and
"(2) assistance for the resettlement of refugees, the
demobilization and retraining of troops, and the provision of
other appropriate assistance:
Provided, That the President determines and so certifies to the
Committee on Foreign Relations and the Committee on Appropriations
of the Senate and the Committee on Foreign Affairs [now Committee
on International Relations] and the Committee on Appropriations of
the House of Representatives that Liberia has made significant
progress toward democratization and that the provision of such
assistance will assist that country in making further progress and
is otherwise in the national interest of the United States. A
separate determination and certification shall be required for each
fiscal year in which such assistance is to be provided."
SUSPENSION OF CERTAIN PROGRAMS AND ACTIVITIES RELATING TO THE
PEOPLE'S REPUBLIC OF CHINA
Pub. L. 101-246, title IX, Sec. 902, Feb. 16, 1990, 104 Stat. 83,
as amended by Pub. L. 102-549, title II, Sec. 202(e), Oct. 28,
1992, 106 Stat. 3658, provided that:
"(a) Suspensions. -
"(1) Overseas private investment corporation. - The Overseas
Private Investment Corporation shall continue to suspend the
issuance of any new insurance, reinsurance, guarantees,
financing, or other financial support with respect to the
People's Republic of China, unless the President makes a report
under subsection (b)(1) or (2) of this section.
"(2) Trade and development agency. - The President shall
suspend the obligation of funds under the Foreign Assistance Act
of 1961 [see Short Title note above] for any new activities of
the Trade and Development Agency with respect to the People's
Republic of China, unless the President makes a report under
subsection (b)(1) or (2) of this section.
"(3) Munitions export licenses. - (A) The issuance of licenses
under section 38 of the Arms Export Control Act [22 U.S.C. 2778]
for the export to the People's Republic of China of any defense
article on the United States Munitions List, including
helicopters and helicopter parts, shall continue to be suspended,
subject to subparagraph (B), unless the President makes a report
under subsection (b)(1) or (2) of this section.
"(B) The suspension set forth in subparagraph (A) shall not
apply to systems and components designed specifically for
inclusion in civil products and controlled as defense articles
only for purposes of export to a controlled country, unless the
President determines that the intended recipient of such items is
the military or security forces of the People's Republic of
China.
"(4) Crime control and detection instruments and equipment. -
The issuance of any license under section 6(k) of the Export
Administration Act of 1979 [50 App. U.S.C. 2405(k)] for the
export to the People's Republic of China of any crime control or
detection instruments or equipment shall be suspended, unless the
President makes a report under subsection (b)(1) or (2) of this
section.
"(5) Export of satellites for launch by the people's republic
of china. - Exports of any satellite of United States origin that
is intended for launch from a launch vehicle owned by the
People's Republic of China shall remain suspended, unless the
President makes a report under subsection (b)(1) or (2) of this
section.
"(6) Nuclear cooperation with the people's republic of china. -
(A) Any -
"(i) application for a license under the Export
Administration Act of 1979 [50 App. U.S.C. 2401 et seq.] for
the export to the People's Republic of China for use in a
nuclear production or utilization facility of any goods or
technology which, as determined under section 309(c) of the
Nuclear Non-Proliferation Act of 1978 [42 U.S.C. 2139a(c)],
could be of significance for nuclear explosive purposes, or
which, in the judgment of the President, is likely to be
diverted for use in such a facility, for any nuclear explosive
device, or for research on or development of any nuclear
explosive device, shall be suspended,
"(ii) application for a license for the export to the
People's Republic of China of any nuclear material, facilities,
or components subject to the Agreement shall be suspended,
"(iii) approval for the transfer or retransfer to the
People's Republic of China of any nuclear material, facilities,
or components subject to the Agreement shall not be given, and
"(iv) specific authorization for assistance in any activities
with respect to the People's Republic of China relating to the
use of nuclear energy under section 57b.(2) of the Atomic
Energy Act of 1954 [42 U.S.C. 2077(b)(2)] shall not be given,
until the conditions specified in subparagraph (B) are met.
"(B) Subparagraph (A) applies until -
"(i) the President certifies to the Congress that the
People's Republic of China has provided clear and unequivocal
assurances to the United States that it is not assisting and
will not assist any nonnuclear-weapon state, either directly or
indirectly, in acquiring nuclear explosive devices or the
materials and components for such devices;
"(ii) the President makes the certifications and submits the
report required by Public Law 99-183 [Dec. 16, 1985, 99 Stat.
1174]; and
"(iii) the President makes a report under subsection (b)(1)
or (2) of this section.
"(C) For purposes of this paragraph, the term 'Agreement' means
the Agreement for Cooperation Between the Government of the
United States of America and the Government of the People's
Republic of China Concerning Peaceful Uses of Nuclear Energy
(done on July 23, 1985).
"(7) Liberalization of export controls. - (A) The President
shall negotiate with the governments participating in the group
known as the Coordinating Committee (COCOM) to suspend, on a
multilateral basis, any liberalization by the Coordinating
Committee of controls on exports of goods and technology to the
People's Republic of China under section 5 of the Export
Administration Act of 1979 [50 App. U.S.C. 2404], including -
"(i) the implementation of bulk licenses for exports to the
People's Republic of China; and
"(ii) the raising of the performance levels of goods or
technology below which no authority or permission to export to
the People's Republic of China would be required.
"(B) The President shall oppose any liberalization by the
Coordinating Committee of controls which is described in
subparagraph (A)(ii), until the end of the 6-month period
beginning on the date of enactment of this Act [Feb. 16, 1990] or
until the President makes a report under subsection (b)(1) or (2)
of this section, whichever occurs first.
"(b) Termination of Suspensions. - A report referred to in
subsection (a) is a report by the President to the Congress either -
"(1) that the Government of the People's Republic of China has
made progress on a program of political reform throughout the
country, including Tibet, which includes -
"(A) lifting of martial law;
"(B) halting of executions and other reprisals against
individuals for the nonviolent expression of their political
beliefs;
"(C) release of political prisoners;
"(D) increased respect for internationally recognized human
rights, including freedom of expression, the press, assembly,
and association; and
"(E) permitting a freer flow of information, including an end
to the jamming of Voice of America and greater access for
foreign journalists; or
"(2) that it is in the national interest of the United States
to terminate a suspension under subsection (a)(1), (2), (3), (4),
or (5), to terminate a suspension or disapproval under subsection
(a)(6), or to terminate the opposition required by subsection
(a)(7), as the case may be.
"(c) Reporting Requirement. - Sixty days after the date of
enactment of this Act [Feb. 16, 1990], the President shall submit
to the Congress a report on -
"(1) any steps taken by the Government of China to achieve the
objectives described in subsection (b)(1);
"(2) the effect of multilateral sanctions on political and
economic developments in China and on China's international
economic relations;
"(3) the impact of the President's actions described in section
901(a)(9) [Pub. L. 101-246, title IX, Feb. 16, 1990, 104 Stat.
80] and of the suspensions under subsection (a) of this section
on -
"(A) political and economic developments in China;
"(B) the standard of living of the Chinese people;
"(C) relations between the United States and China; and
"(D) the actions taken by China to promote a settlement in
Cambodia which will ensure Cambodian independence, facilitate
an act of self-determination by the Cambodian people, and
prevent the Khmer Rouge from returning to exclusive power;
"(4) the status of programs and activities suspended under
subsection (a); and
"(5) the additional measures taken by the President under
section 901(c) if repression in China deepens."
[Certification of President under section 902(a)(6)(B)(i) of Pub.
L. 101-246, set out above, provided in Determination of President
of the United States, No. 98-10, Jan. 12, 1998, 63 F.R. 3447.]
LIMITATION ON ASSISTANCE TO PANAMANIAN DEFENSE FORCE
Pub. L. 100-456, div. A, title XIII, Sec. 1302, Sept. 29, 1988,
102 Stat. 2060, provided that:
"(a) Limitation. - The President may not use any funds
appropriated to or for the use of any department, agency, or other
entity of the United States for the purpose of providing assistance
to the Panamanian Defense Force. The limitation in the preceding
sentence shall cease to apply upon the submission by the President
to Congress of a certification by the President -
"(1) that no armed forces of the Soviet Union, the Republic of
Cuba, or the Republic of Nicaragua are present in the Republic of
Panama (other than military attaches accredited to the
Republic of Panama); and
"(2) that General Manuel Noriega has relinquished command of
the Panamanian Defense Force and no longer holds any official
position of leadership (either military or civilian) in the
Republic of Panama.
"(b) Clarification. - Subsection (a) does not prohibit the
President from obligating or expending any funds necessary for -
"(1) the defense of the Panama Canal,
"(2) the collection of intelligence,
"(3) the maintenance of United States Armed Forces in the
Republic of Panama, or
"(4) the protection of United States interests in the Republic
of Panama.
"(c) Report. - Not later than 30 days after the date of the
enactment of this Act [Sept. 29, 1988], the President shall submit
to Congress a detailed report, in both classified and unclassified
form, indicating -
"(1) whether (and to what extent) military, paramilitary, or
intelligence personnel of the Soviet Union, Cuba, or Nicaragua
are present in the Republic of Panama; and
"(2) whether (and to what extent) the Panamanian Defense Force
has coordinated with, cooperated with, supported, or received
support from, any such personnel."
CODIFICATION OF POLICY PROHIBITING NEGOTIATIONS WITH THE PALESTINE
LIBERATION ORGANIZATION
Pub. L. 99-83, title XIII, Sec. 1302, Aug. 8, 1985, 99 Stat. 280,
as amended by Pub. L. 101-246, title I, Sec. 108, Feb. 16, 1990,
104 Stat. 21, provided that:
"(a) United States Policy. - The United States in 1975 declared
in a memorandum of agreement with Israel, and has reaffirmed since,
that 'The United States will continue to adhere to its present
policy with respect to the Palestine Liberation Organization,
whereby it will not recognize or negotiate with the Palestine
Liberation Organization so long as the Palestine Liberation
Organization does not recognize Israel's right to exist and does
not accept Security Council Resolutions 242 and 338.'.
"(b) Reaffirmation and Codification of Policy. - The United
States hereby reaffirms that policy. In accordance with that
policy, no officer or employee of the United States Government and
no agent or other individual acting on behalf of the United States
Government shall negotiate with the Palestine Liberation
Organization or any representatives thereof (except in emergency or
humanitarian situations) unless and until the Palestine Liberation
Organization recognizes Israel's right to exist, accepts United
Nations Security Council Resolutions 242 and 338, and renounces the
use of terrorism, except that no funds authorized to be
appropriated by this or any other Act may be obligated or made
available for the conduct of the current dialogue on the Middle
East peace process with any representative of the Palestine
Liberation Organization if the President knows and advises the
Congress that that representative directly participated in the
planning or execution of a particular terrorist activity which
resulted in the death or kidnapping of a United States citizen."
OBLIGATION OR EXPENDITURE OF FUNDS FOR PLANNING, ETC., MINING OF
THE PORTS OR TERRITORIAL WATERS OF NICARAGUA
Pub. L. 98-369, div. B, title IX, Sec. 2907, July 18, 1984, 98
Stat. 1210, provided that: "It is the sense of the Congress that no
funds heretofore or hereafter appropriated in any Act of Congress
shall be obligated or expended for the purpose of planning,
directing, executing, or supporting the mining of the ports or
territorial waters of Nicaragua."
PROHIBITION ON CERTAIN ASSISTANCE TO THE KHMER ROUGE IN KAMPUCHEA
Pub. L. 98-164, title X, Sec. 1005, Nov. 22, 1983, 97 Stat. 1058,
provided that:
"(a) Notwithstanding any other provision of law, none of the
funds authorized to be appropriated by this Act or any other Act
may be obligated or expended for the purpose or with the effect of
promoting, sustaining, or augmenting, directly or indirectly, the
capacity of the Khmer Rouge or any of its members to conduct
military or paramilitary operations in Kampuchea or elsewhere in
Indochina.
"(b) All funds appropriated before the date of enactment of this
section [Nov. 22, 1983] which were obligated but not expended for
activities having the purpose or effect described in subsection (a)
shall be deobligated and shall be deposited in the Treasury of the
United States as miscellaneous receipts.
"(c) This section shall not be construed as limiting the
provision of food, medicine, or other humanitarian assistance to
the Kampuchean people."
TERMINATION OF NONRECURRING ACTIVITIES UNDER FOREIGN ASSISTANCE ACT
OF 1961 AND REMOVAL FROM LAW
Pub. L. 97-113, title VII, Sec. 734(c), Dec. 29, 1981, 95 Stat.
1561, provided that: "Except as otherwise explicitly provided by
their terms, amendments to the Foreign Assistance Act of 1961 [see
Short Title note above] and the Arms Export Control Act [see Short
Title note set out under section 2751 of this title] which are
applicable only to a single fiscal or calendar year or which
require reports or other actions on a nonrecurring basis shall be
deemed to have expired and shall be removed from law upon the
expiration of the applicable time periods for the fulfillment of
the required actions."
ASSISTANCE FOR PANAMA
Pub. L. 101-167, title V, Sec. 561, Nov. 21, 1989, 103 Stat.
1239, provided that:
"(a) Unless the President certifies to Congress that -
"(1) the Government of Panama has demonstrated substantial
progress in assuring civilian control of the armed forces and
that the Panama Defense Forces and its leaders have been removed
from nonmilitary activities and institutions;
"(2) an impartial investigation into allegations of illegal
actions by members of the Panama Defense Force is being
conducted;
"(3) a satisfactory agreement has been reached between the
governing authorities and representatives of the opposition
forces on conditions for free and fair elections; and
"(4) freedom of the press and other constitutional guarantees,
including due process of law, are being restored to the
Panamanian people;
then no United States assistance (including any such assistance
appropriated and previously obligated) shall be obligated or
expended for programs, projects, or activities which assist or lend
support for the Noriega regime, or ministries of government under
the control of the Noriega regime, or any successor regime that
does not meet the criteria specified in subsection (a) of this
section in this fiscal year and any fiscal year thereafter, and
none of the funds appropriated or otherwise made available in this
Act, or any other Act, shall be used to finance any participation
of the United States in joint military exercises conducted in
Panama during the fiscal year 1990.
"(b) It is the sense of the Congress that if the conditions
described in paragraphs (1) through (4) of subsection (a) have been
certified as having been met, then not only will United States
assistance be restored, but increased levels of such assistance
should be considered for Panama.
"(c) For purposes of this section, the term 'United States
assistance' means assistance of any kind which is provided by
grant, sale, loan, lease, credit, guaranty, or insurance, or by any
other means, by any agency or instrumentality of the United States
Government, including -
"(1) assistance under the Foreign Assistance Act of 1961 [see
Short Title note above] (including programs under title IV of
chapter 2 of part I of such Act [22 U.S.C. 2191 et seq.]);
"(2) sales, credits, and guarantees under the Arms Export
Control Act [see Short Title note set out under section 2751 of
this title];
"(3) sales under title I [7 U.S.C. 1701 et seq.] or III [7
U.S.C. 1727 et seq.] and donations under title II [7 U.S.C. 1721
et seq.] of the Agricultural Trade Development and Assistance Act
of 1954 of nonfood commodities;
"(4) other financing programs of the Commodity Credit
Corporation for export sales of nonfood commodities;
"(5) financing under the Export-Import Bank Act of 1945 [12
U.S.C. 635 et seq.]; and
"(6) assistance provided by the Central Intelligence Agency or
assistance provided by any other entity or component of the
United States Government if such assistance is carried out in
connection with, or for purposes of conducting, intelligence or
intelligence-related activities except that this shall not
include activities undertaken solely to collect necessary
intelligence;
except that the term 'United States assistance' does not include
(A) assistance under chapter 1 of part I of the Foreign Assistance
Act of 1961 [22 U.S.C. 2151 et seq.] insofar as such assistance is
provided through private and voluntary organizations or other
nongovernmental agencies, (B) assistance which involves the
donations of food or medicine, (C) disaster relief assistance
(including any assistance under chapter 9 of part I of the Foreign
Assistance Act of 1961 [22 U.S.C. 2292 et seq.]), (D) assistance
for refugees, (E) assistance under the Inter-American Foundation
Act [22 U.S.C. 290f], (F) assistance necessary for the purpose of
continuing participant training programs (including scholarships)
already being supported as of the date of any prohibition of
assistance otherwise applicable to Panama, or (G) assistance made
available for termination costs arising from the requirements of
this section.
"(d) The Secretary of the Treasury shall instruct the United
States Executive Directors to the International Financial
Institutions (the International Bank for Reconstruction and
Development, the International Finance Corporation, and the Inter-
American Development Bank) to vote against any loan to Panama,
unless the President has certified in advance that the conditions
set forth in subsection (a) of this section have been met."
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 100-461, title V, Sec. 564, Oct. 1, 1988, 102 Stat. 2268-
40.
Pub. L. 100-202, Sec. 101(e) [title V, Sec. 570], Dec. 22, 1987,
101 Stat. 1329-131, 1329-174.
Pub. L. 96-92, Sec. 28, Oct. 29, 1979, 93 Stat. 711. [Repealed by
Pub. L. 97-113, title VII, Sec. 734(a)(11), Dec. 29, 1981, 95 Stat.
1560.]
FINAL ACCOUNTING OF AMERICANS MISSING IN ACTION IN VIETNAM
Pub. L. 95-426, title VII, Sec. 705, Oct. 7, 1978, 92 Stat. 992,
as amended by Pub. L. 97-241, title V, Sec. 505(a)(2), (b)(2), Aug.
24, 1982, 96 Stat. 299, provided that: "The President shall
continue to take all possible steps to obtain a final accounting of
all Americans missing in action in Vietnam." Similar provisions
were contained in the following acts:
Pub. L. 95-105, title V, Sec. 505, Aug. 17, 1977, 91 Stat. 858,
as amended by Pub. L. 97-241, title V, Sec. 505(a)(3), (b)(2), Aug.
24, 1982, 96 Stat. 299.
Pub. L. 95-88, title I, Sec. 132, Aug. 3, 1977, 91 Stat. 544, as
amended by Pub. L. 97-113, title VII, Sec. 734(a)(6), Dec. 29,
1981, 95 Stat. 1560.
PLAN FOR INCREASED MINORITY BUSINESS PARTICIPATION IN FOREIGN
ASSISTANCE ACTIVITIES; MINORITY RESOURCE CENTER SECTION AS
IMPLEMENTING ADMINISTRATIVE UNIT; FUNCTIONS, DUTIES, ETC., OF
CENTER
Section 133 of Pub. L. 95-88, as amended by Pub. L. 96-53, title
I, Sec. 123, Aug. 14, 1979, 93 Stat. 366; Pub. L. 97-113, title
VII, Sec. 734(a)(6), Dec. 29, 1981, 95 Stat. 1560, provided that:
"(a) The Administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 [this
subchapter] shall prepare and transmit to the Congress, not later
than 30 days after the date of enactment of this Act [Aug. 3,
1977], a detailed plan for the establishment of a section on
minority business within such agency.
"(b) Such plan shall include, but shall not be limited to -
"(1) a description of where the section on minority business
will be located in such agency's organizational structure and
what relevant lines of authority will be established;
"(2) a listing of the specific responsibilities that will be
assigned to the section on minority business to enable it to
increase, in a rational and effective manner, participation of
minority business enterprises in activities funded by such
agency;
"(3) a design for a time-phase system for bringing about
expanded minority business enterprise participation, including
specific recommendations for percentage allocations of contracts
by such agency to minority business enterprises;
"(4) a proposed reporting system that will permit objective
measuring of the degree of participation of minority business
enterprises in comparison to the total activities funded by such
agency;
"(5) a detailed projection of the administrative budgetary
impact of the establishment of the section on minority business;
and
"(6) a detailed set of objective criteria upon which
determinations will be made as to the qualifications of minority
business enterprises to receive contracts funded by such agency.
"(c)(1) Upon the enactment of the International Development
Cooperation Act of 1979 [Aug. 14, 1979], the section on minority
business established pursuant to subsection (a) shall be
redesignated as the Minority Resource Center (hereafter in this
section referred to as the 'Center') which shall be responsible for
increasing the participation of economically and socially
disadvantaged business enterprises in contract, procurement, grant,
and research and development activities funded by the agency
primarily responsible for administering part I of the Foreign
Assistance Act of 1961 [this subchapter] (hereafter in this section
referred to as the 'agency').
"(2) The Center shall -
"(A) establish, maintain, and disseminate information to, and
otherwise serve as an information clearinghouse for, economically
and socially disadvantaged business enterprises regarding
business opportunities in development assistance programs funded
by the agency;
"(B) design and conduct programs to encourage, promote, and
assist economically and socially disadvantaged business
enterprises to secure direct contracts, host country contracts,
operation expatriate contracts, indefinite quantity contracts,
subcontracts, projects, grants, and research and development
contracts in order for such enterprises to participate in such
development assistance programs;
"(C) conduct market research, planning, economic and business
analyses, and feasibility studies to identify business
opportunities in such development assistance programs;
"(D) develop support mechanisms which will enable socially and
economically disadvantaged businesses to take advantage of
business opportunities in such development assistance programs;
and
"(E) enter into such contracts (to such extent or in such
amounts as are provided in appropriation Acts), cooperative
agreements, or other transactions as may be necessary in the
conduct of its functions under this section.
"(3) The Administrator of the agency and the Secretary of State
shall provide the Center with such relevant information, including
procurement schedules, bids, and specifications with respect to
development assistance programs funded by the agency, as may be
requested by the Center in connection with the performance of its
functions under this section.
"(4) There shall be a Director of the Center who shall be the
chief executive officer of the Center. The Director shall be
appointed by the Administrator of the agency.
"(5)(A) For the purposes of this section, the term 'economically
and socially disadvantaged enterprise' means a business -
"(i) which is at least 51 percent owned by one or more socially
and economically disadvantaged individuals or, in the case of a
publicly owned business, at least 51 percent of the stock of
which is owned by one or more socially and economically
disadvantaged individuals; and
"(ii) whose management and daily business operations are
controlled by one or more such individuals.
"(B) Socially disadvantaged individuals are those who have been
subjected to racial or ethnic prejudice or cultural bias because of
their identity as a member of a group without regard to their
individual qualities.
"(C) Economically disadvantaged individuals are those socially
disadvantaged individuals whose ability to compete in the free
enterprise system has been impaired due to diminished capital and
credit opportunities as compared to others in the same business
area who are not socially disadvantaged. In determining the degree
of diminished credit and capital opportunities, the Administrator
of the agency shall consider, but not be limited to, the assets and
net worth of the socially disadvantaged individual.
"(6) [Repealed. Pub. L. 97-113, title VII, Sec. 734(a)(6), Dec.
29, 1981, 95 Stat. 1560.]
"(7) Of the funds available to the agency for operating expenses,
up to $950,000 for fiscal year 1980 may be allocated to the Center
to carry out its functions under this section.
"(8) If the Administrator of the agency determines that such a
consolidation would significantly further the purposes of this
section and would eliminate unnecessary duplication of activity,
the Administrator may consolidate the Center with the Office of
Small and Disadvantaged Business Utilization established in the
agency by section 15(k) of the Small Business Act [section 644(k)
of Title 15, Commerce and Trade]. Any such consolidation shall
ensure that all the functions specified in paragraph (2) of this
subsection continue to be carried out. Before implementing any such
consolidation, the Administrator shall submit to the Congress a
detailed report setting forth the reasons for the proposed
consolidation."
[Amendment by Pub. L. 96-53 (adding subsec. (c) to section 133 of
Pub. L. 95-88) effective Aug. 14, 1979, see section 512(b) of Pub.
L. 96-53, set out as an Effective Date of 1979 Amendment note
above.]
USE OF ACCRUED FOREIGN CURRENCIES
Section 40 of Pub. L. 93-189 provided that: "Effective July 1,
1974, no amount of any foreign currency (including principal and
interest from loan repayments) which accrues in connection with any
sale for foreign currency under any provision of law may be used
under any agreement entered into after the date of the enactment of
this Act [Dec. 17, 1973], or any revision or extension entered into
after such date of any prior or subsequent agreement, to provide
any assistance to any foreign country to procure equipment,
materials, facilities, or services for the common defense,
including internal security, unless such agreement is specifically
authorized by legislation enacted after such date."
RELIGIOUS FREEDOM AND PERSECUTION
Pub. L. 88-633, pt. V, Sec. 501, Oct. 7, 1964, 78 Stat. 1015,
provided that: "It is the sense of the Congress that the United
States deeply believes in the freedom of religion for all people
and is opposed to infringement of this freedom anywhere in the
world. The Congress condemns the persecution of any persons because
of their religion. It is further the sense of Congress that all
persons should be permitted the free exercise of religion and the
pursuit of their culture."
COMMUNIST REGIME IN CHINA
Pub. L. 91-194, title I, Sec. 105, Feb. 9, 1970, 84 Stat. 7,
related to Congressional opposition to the seating in the United
Nations of the Communist regime in China as the representative of
China, and requested the President, in the event of the seating of
representatives of the Chinese Communist regime in the Security
Council or the General Assembly of the United Nations, to inform
the Congress of the implications of the seating upon the foreign
policy of the United States. Similar provisions were contained in
the following prior acts:
Oct. 17, 1968, Pub. L. 90-581, title I, Sec. 105, 82 Stat. 1139.
Jan. 2, 1968, Pub. L. 90-249, title I, Sec. 105, 81 Stat. 938.
Oct. 15, 1966, Pub. L. 89-691, title I, Sec. 105, 80 Stat. 1020.
Oct. 20, 1965, Pub. L. 89-273, title I, Sec. 105, 79 Stat. 1003.
Oct. 7, 1964, Pub. L. 88-634, title I, Sec. 105, 78 Stat. 1017.
Jan. 6, 1964, Pub. L. 88-258, title I, Sec. 105, 77 Stat. 858.
Oct. 23, 1962, Pub. L. 87-872, title I, Sec. 105, 76 Stat. 1164.
Sept. 30, 1961, Pub. L. 87-329, title I, Sec. 107, 75 Stat. 718.
Sept. 2, 1960, Pub. L. 86-704, title I, Sec. 107, 74 Stat. 779.
Sept. 28, 1959, Pub. L. 86-383, title I, Sec. 112, 73 Stat. 720.
Aug. 28, 1958, Pub. L. 85-853, Sec. 105, 72 Stat. 1101.
Sept. 3, 1957, Pub. L. 85-279, Sec. 109, 71 Stat. 604.
July 31, 1956, ch. 803, Sec. 108, 70 Stat. 735.
July 8, 1955, ch. 301, Sec. 12, 69 Stat. 290 (repealed by Pub. L.
87-195, pt. III, Sec. 642(a)(3), Sept. 4, 1961, 75 Stat. 460).
DEFINITIONS
Pub. L. 107-228, div. B, title X, Sec. 1002, Sept. 30, 2002, 116
Stat. 1425, provided that: "In this division [see Tables for
classification]:
"(1) Defense article. - The term 'defense article' has the
meaning given the term in section 47(3) of the Arms Export
Control Act (22 U.S.C. 2794 note [22 U.S.C. 2794]).
"(2) Defense service. - The term 'defense service' has the
meaning given the term in section 47(4) of the Arms Export
Control Act (22 U.S.C. 2794 note [22 U.S.C. 2794]).
"(3) Excess defense article. - The term 'excess defense
article' has the meaning given the term in section 644(g) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2403(g))."
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Congressional findings and declaration of policy