President, Communist countries listed in section 620(f) of this Act.497

(b) The Secretary of State

(1) shall review, at least annually, the budgets and accounts of all international organizations receiving payments of any funds authorized to be appropriated by this chapter; and

(2) shall report to the appropriate committees of the Congress the amounts of funds expended by each such organization for the purposes described in subsection (a) and the amount contributed by the United States to each such organization.

(c) 498 (1) Subject to paragraph (2), the limitations 499 of subsection (a) shall not apply to contributions to the International Atomic Energy Agency or the United Nations Children's Fund (UNICEF).

(2) 499 (A) Except as provided in subparagraph (B), with respect to funds authorized to be appropriated by this chapter and available for the International Atomic Energy Agency, the limitations of subsection (a) shall apply to programs or projects of such Agency in Cuba.

(B)(i) Subparagraph (A) shall not apply with respect to programs or projects of the International Atomic Energy Agency that provide for the discontinuation, dismantling, or safety inspection of nuclear facilities or related materials, or for inspections and similar activities designed to prevent the development of nuclear weapons by a country described in subsection (a).

(ii) Clause (i) shall not apply with respect to the Juragua Nuclear Power Plant near Cienfuegos, Cuba, or the Pedro Pi Nuclear Research Center unless Cuba

(I) ratifies the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) or the Treaty for the Prohibition of Nu

On December 5, 1997, the President waived the provisions of sec. 1003 of the Anti-Terrorism Act of 1987 (Public Law 100-204) through June 4, 1998 (Presidential Determination No. 988; 62 FR. 66255); further waived through November 26, 1998 (Presidential Determination No. 98-29; June 3, 1998, 63 FR. 32711); through May 24, 1999 (Presidential Determination No. 985; November 25, 1998; 63 FR. 68145); through October 21, 1999 (Presidential Determination No. 99 25, May 24, 1999, 64 FR. 29537); through April 21, 2000 (Presidential Determination 00-2, October 21, 1999, 64 FR. 58755); through October 21, 2000 (Presidential Determination No. 2000-19: April 21, 2000, 65 FR. 24852); through October 17, 2001 (Presidential Determination No. 01-13, April 17, 2001, 66 FR. 20585); through April 16, 2002 (Presidential Determination No. 2002-03, October 16, 2001, 66 FR. 53505); through October 16, 2002 (Presidential Determination No. 2002 14, April 16, 2002; 67 F.R. 20427); through April 16, 2003 (Presidential Determination No. 03-03, October 16, 2002; 67 F.R. 65471); through October 16, 2003 (Presidential Determination No 2003 20; April 16, 2003; 68 F.R. 20327); through April 14, 2004 (Presidential Determination No 2004-04; October 14, 2003; 68 F.R. 60841); through October 14, 2004 (Presidential Determination No. 2004-28; April 14, 2004; 69 F.R. 21679); through April 14, 2005 (Presidential Determination No 2005-02; October 14, 2004; 69 F.R. 62795); through October 14, 2005 (Presidential Determination No. 2005-22; April 14, 2005; 70 F.R. 21611); and through April 14, 2006 (Presidential Determination No. 2006-01; October 14, 2005; 70 FR 62225)

See 516 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (disimo A. Host 1010b) of Public Law 105-277; 112 Stat. 2681) added “, or at the discretion of the President, Communist countries listed in section 620(f) of this Act.".

49" Sec. 44100(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103 236; 108 Stat. 459) added subsec. (c),

499 See 28090aXly of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 (subdivision B of dizisión G of Public Law 105 277, 112 Stat. 2681) struck out "The limitations" and inserted in her thereof (11) Sulgeet to paragraph (2), the limitations". Sec. 2809(a)(2) of that Act added para (2). She glory abe 280900 and (e) of that Act, in Legislation on Foreign Relations Through 2005, vol 11

clear Weapons in Latin America (commonly known as the Treaty of Tlatelolco);

(II) negotiates full-scope safeguards of the International Atomic Energy Agency not later than two years after ratification by Cuba of such Treaty; and

(III) incorporates internationally accepted nuclear safety standards.

(d) 500 (1) Notwithstanding subsection (c), if the Secretary of State determines that programs and projects of the International Atomic Energy Agency in Iran are inconsistent with United States nuclear nonproliferation and safety goals, will provide Iran with training or expertise relevant to the development of nuclear weapons, or are being used as a cover for the acquisition of sensitive nuclear technology, the limitations of subsection (a) shall apply to such programs and projects, and the Secretary of State shall so notify the appropriate congressional committees (as defined in section 3 of the Foreign Relations Authorization Act, Fiscal Year 2003).

(2) A determination made by the Secretary of State under paragraph (1) shall be effective for the 1-year period beginning on the date of the determination.

Chapter 4-Supporting Assistance 501 [Repealed-1972]

Chapter 5-Contingencies 502

Sec. 451.503 Contingencies.502—(a) 504 (1) Notwithstanding any other provision of law, the President is authorized to use 505 funds made available to carry out any provision of this Act (other than the provisions of chapter 1 of this part) in order to provide, for any

500 Sec. 1342 of the Iran Nuclear Proliferation Prevention Act of 2002 (subtitle D of title XIII of the Foreign Relations Authorization Act, Fiscal Year 2003; Public Law 107-228; 116 Stat. 1451) added subsec. (d).

501 Sec. 202(b) of the FA Act of 1971 (Public Law 92-226) repealed chapter 4 of part I. This subject matter is now covered under chapter 4 of part II of this Act, Economic Support Fund. 502 Sec. 2 of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 701) changed the title of chapter 5 and sec. 451 from "Contingency Fund" to "Contingencies”. Previously, sec. 503(1) of Public Law 94-329 substituted "Contingency Fund" for "Disaster Relief in the title of chapter 5 while sec. 2(1) of Public Law 93-333 changed the title of chapter 5 from "Contingency Fund" to "Disaster Relief'.

503 22 U.S.C. 2261. Sec. 28(c) of the FA Act of 1974 (Public Law 93-559) amended and restated sec. 451. It formerly read as follows:

"Sec. 451. Contingency Fund-(a) There is authorized to be appropriated to the President for each of the fiscal years 1974 and 1975 not to exceed $30,000,000, to provide assistance authorized by this part primarily for disaster relief purposes, in accordance with the provisions applicable to the furnishing of such assistance. (b) The President shall provide quarterly reports to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Speaker of the House of Representatives on the programing and the obligation of funds under subsection (a).".

In Department of State Public Notice 5192 of September 10, 2005 (70 F.R. 55657), the Secretary of State authorized "notwithstanding any other provision of law, the use of up to $2,561,508 in fiscal year 2004 funds made available under chapter 3 of part I of the Act, up to $6,938,492 in FY 2004 and FY 2005 funds made available under chapter 4 of part II of the Act, and up to $500,000 in FY 2005 funds made available under chapter 9 of part II of the Act, in order to provide assistance authorized by part I of the Act for a contribution to the United Nations Democracy Fund. This Determination supersedes and replaces the Determination of July 27, 2005, on Provision of Assistance to United Nations Democracy Fund.".

504 Sec. 2 of the International Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 701) amended and restated subsec. (a).

505 Sec. 588(1) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2056), struck out "not to exceed $10,000,000 of" and "in any fiscal year" at these points, respectively.

unanticipated contingencies,506 assistance authorized by this part in accordance with the provisions applicable to the furnishing of such assistance, except that the authority of this subsection may not be used to authorize the use of more than $25,000,000 during any fiscal year. 507

(2) The President shall report promptly to the Speaker of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate each time he exercises the authority contained in this subsection.

(b) 508*** [Repealed-1981]

(c) No part of this fund shall be used to pay for any gifts to any officials of any foreign government made heretofore or hereafter.509 Chapter 6-Central America Democracy, Peace, and Development Initiative 510

Sec. 461,510,511 Statement of Policy.-(a) The Congress finds that

(1) the building of democracy, the restoration of peace, the improvement of living conditions, and the application of equal justice under law in Central America are important to the interests of the United States and the community of American States; and

(2) the interrelated issues of social and human progress, economic growth, political reform, and regional security must be effectively dealt with to assure a democratic and economically and politically secure Central America.

(b)(1) The achievement of democracy, respect for human rights, peace, and equitable economic growth depends primarily on the cooperation and the human and economic resources of the people and governments of Central America. The Congress recognizes that the United States can make a significant contribution to such peaceful and democratic development through a consistent and coherent policy which includes a long-term commitment of assistance. This policy should be designed to support actively

(A) democracy and political reform, including opening the political process to all members of society;

(B) full observance of internationally recognized human rights, including free elections, freedom of the press, freedom of association, and the elimination of all human rights abuses;

506 Sec. 588(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2056), struck out "emergency purposes" and inserted in lieu thereof "unanticipated contingencies".

507 Sec. 588(3) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2056), added ", except that the authority of this subsection may not be used to authorize the use of more than $25,000,000 during any fiscal year.".

508 Sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed subsec. (b), which had required a quarterly report from the President concerning the programing and obligation of funds under this section.

509 Sec. 452, which was added by sec. 2(2) of the Foreign Disaster Assistance Act of 1974 (Public Law 93-333) and formerly appeared at this point, was redesignated as sec. 494 by Sec. 101(4) of Public Law 94-161 (89 Stat. 849).

510 Sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961) repealed chapter 6, as enacted in the Foreign Assistance Act of 1961, titled: "Assistance to Countries Having Agrarian Economies". Sec. 701 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 234) added a new chapter 6 (sec. 461 through 466).

511 22 U.S.C. 2271.

(C) leadership development, including training and educational programs to improve public administration and the administration of justice;

(D) land reform, reform in tax systems, encouragement of private enterprise and individual initiative, creation of favorable investment climates, curbing corruption where it exists, and spurring balanced trade;

(E) the establishment of the rule of law and an effective judicial system; and

(F) the termination of extremist violence by both the left and the right as well as vigorous action to prosecute those guilty of crimes and the prosecution to the extent possible of past offenders.

(2) The policy described in paragraph (1) should also promote equitable economic growth and development, including controlling the flight of capital and the effective use of foreign assistance and adhering to approved programs for economic stabilization and fiscal responsibility. Finally, this policy should foster dialog and negotia

tions

(A) to achieve peace based upon the objectives of democratization, reduction of armament, an end to subversion, and the withdrawal of foreign military forces and advisers; and

(B) to provide a security shield against violence and intimidation.

(3) It is the purpose of this chapter to establish the statutory framework and to authorize the appropriations and financing necessary to carry out the policy described in this section.

(c) The Congress finds, therefore, that the people of the United States are willing to sustain and expand a program for economic and military assistance in Central America if the recipient countries can demonstrate progress toward and a commitment to these goals.

Sec. 462,510,512 Conditions on Furnishing Assistance.-The President shall ensure that assistance authorized by this Act and the Arms Export Control Act to Central American countries is furnished in a manner which fosters demonstrated progress toward and commitment to the objectives set forth in section 461. Where necessary to achieve this purpose, the President shall impose conditions on the furnishing of such assistance. In carrying out this section, the President shall consult with the Congress in regard to progress toward the objectives set forth in section 461, and any conditions imposed on the furnishing of assistance in furtherance of those objectives.

Sec. 463,510,513 Peace Process in Central America.-The Congress

(1) strongly supports the initiatives taken by the Contadora group and the resulting Document of Objectives which has been agreed to by Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua and which sets forth a framework for negotiating a peaceful settlement to the conflict and turmoil in the region; and

512 22 U.S.C. 2272. 513 22 U.S.C. 2273.

(2) finds that the United States should provide such assistance and support as may be appropriate in helping to reach comprehensive and verifiable final agreements, based on the Document of Objectives, which will ensure peaceful and enduring solutions to the Central American conflicts.

Sec. 464.510, 514 Economic Assistance Coordination. (a) The Congress finds that participation by Central American countries in an effective forum for dialog on, and the continuous review and advancement of, Central America's political, economic, and social development would foster cooperation between the United States and Central American countries.

(b) It is the sense of the Congress that

(1) the President should enter into negotiations with the countries of Central America to establish a Central American Development Organization (hereafter in this section referred to as the "Organization") to help provide a continuous and coherent approach to the development of the Central American region; and

(2) the establishment of the Organization should be based upon the following principles:

(A) Participation in the Organization should be open to the United States, other donors, and those Central American countries that commit themselves to, among other things, respecting internationally recognized human rights, building democracy, and encouraging equitable economic growth through policy reforms.

(B) The Organization should be structured to include representatives from both the public and private sectors, including representatives from the labor, agriculture, and business communities.

(C) The Organization should meet periodically to carry out the functions described in subparagraphs (D) and (E) of this paragraph and should be supported by a limited professional secretariat.

(D) The Organization should make recommendations affecting Central American countries on such matters as

(i) political, economic, and social development objectives, including the strengthening of democratic pluralism and the safeguarding of internationally recognized human rights;

(ii) mobilization of resources and external assistance needs; and

(iii) reform of economic policies and structures. (E) The Organization should have the capacity for monitoring country performance on recommendations issued in accordance with subparagraph (D) of this paragraph and for evaluating progress toward meeting such country objectives.

(F) To the maximum extent practicable, the United States should follow the recommendations of the Organization in disbursing bilateral economic assistance for any Central American country. No more than 75 percent of

514 22 U.S.C. 2274.