FISCAL YEAR 1977 AUTHORIZATIONS AND LIMITATIONS

Sec. 21.4 Authorizations of appropriations and limitations of aunority applicable to the fiscal year 1977 contained in provisions of aw amended by this Act shall not be affected by enactment of this ict.

Sec. 22.5 Assistance and Sales to Greece and Turkey * * * Repealed-1981]

Sec. 23.6 Arms Sales and United States Defense Readiness * * [Repealed-1978]

STUDY OF TECHNOLOGY TRANSFERS

Sec. 24.7 (a) The President shall conduct a comprehensive study of the policies and practices of the United States Government with respect to the national security and military implications of international transfers of technology in order to determine whether such policies and practices should be changed. Such study shall examine

(1) the nature of technology transfer;

(2) the effect of technology transfers on United States technological superiority;

(3) the rationale for transfers of technology from the United States to foreign countries;

(4) the benefits and risks of such transfers;

(5) trends in technology transfers by the United States and other countries;

(6) the need for controls on transfers of technology, including controls on the use of transferred technology, the effectiveness of existing end-use controls, and possible unilateral sanctions if end-use restrictions are violated;

(7) the effectiveness of existing organizational arrangements in the Executive branch in regulating technology transfers from the United States;

(8) the adequacy of existing legislation and regulations with respect to transfers of technology from the United States; and (9) the possibilities for international agreements with respect to transfers of technology.

(b) In conducting the study required by subsection (a), the President shall utilize the resources and expertise of the Arms Control and Disarmament Agency, the Department of State, the Department of Defense, the Department of Commerce, the National Science Foundation, the Office of Science and Technology Policy, and such other entities within the Executive branch as he deems necessary.

(c) 8*** [Repealed-1981]

4 22 U.S.C. 2151 note.

5 Sec. 734(a)(13) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed sec. 22, which set out certain conditions for assistance and sales to Greece and Turkey during fiscal year 1978.

6 Sec. 29(c)(2) of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 747) repealed sec. 23, which had required a report to Congress on the impact of U.S. foreign arms sales and transfers on U.S. defense readiness and national security.

722 U.S.C. 2751 note.

8 Sec. 734(a)(13) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out subsec. (c), which had required a report from the Continued

Sec. 25. Policy on Zaire ***Repealed-1951.

POLICY STATEMENT ON UNITED STATES ARMS SALES 1

Sec. 26.7 In accordance with the historic special relations > tween the United States and Israel and previous agreemena z continuing understandings, the Congress joins with the Presor in reaffirming that a policy of restraint in United States transfers, including arms sales cellings, shall not impar se deterrent strength or undermine the military balance in the Mist East.

REVIEW OF ARMS SALES CONTROLS ON NON-LETHAL IOS

Sec. 27.7 The President shall undertake a review of all reco tions relating to arms control for the purpose of defining and o egorizing lethal and non-lethal products and establishing the i propriate level of control for each category.

REPUBLIC OF KOREA

Sec. 28. (a)(1) It is the sense of the Congress that the Presiden should take all effective measures to assure that the Republic o Korea is cooperating fully with the investigation including any re sulting prosecutions) being conducted by the Department of Juste with respect to allegations of improper activity in the United State by agents of the Republic of Korea.

(2) 10*** [Repealed-1981]

(b) It is the further sense of the Congress that the President should take all effective measures to assure that the Republic i Korea is cooperating fully with the investigations being conducted by committees of Congress.

PLASTER CONVERSION

Sec. 29.11 No provision of law shall be construed to prevent payment of claims of former and present Vietnamese employees of the Agency for International Development, who presently reside in the United States, for the conversion of Vietnamese piasters to dollars because such conversion cannot take place in the territory of the former Republic of Vietnam or because the official with whom such piasters were deposited was not a United States disbursing officer

President regarding the findings made and conclusions reached as a result of the study com ducted pursuant to subsec. (a). The President submitted this report to Congress on August 21

1978.

"Sec. 734(a)13) of the International Security and Development Cooperation Act of 1981 Pa lic Law 97-113; 95 Stat. 1560) repealed sec. 25, which had prohibited U.S. aid for Zaire during fiscal year 1978 supporting any military or paramilitary operations in Zaire (unless the Prestdent determined that such assistance would be in the U.S. national security interests).

10 Sec. 734(a)(13) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out para. (2), which required a report every 90 days from the President regarding the extent to which Korea was cooperating with the investigation being conducted by the Department of Justice.

11 22 U.S.C. 2431 note.

cc. International Development and Food Assistance Act of 1977

artial text of Public Law 95-88 [H.R. 6714], 91 Stat. 533, approved August 3, 1977, as amended by Public Law 96-53 [International Development Cooperation Act of 1979, H.R. 3324], 93 Stat. 359 at 366, approved August 14, 1979; Public Law 96-465 [Foreign Service Act of 1980, H.R. 6790], 94 Stat. 2071 at 2160, approved October 17, 1980; and by Public Law 97-113 [Inter[national Security and Development Cooperation Act of 1981, S. 1196], 95 Stat. 1519 at 1560, approved December 29, 1981

NOTE.-Except for the provisions noted below, the International Development and Food Assistance Act of 1977 consists of amendments to the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 (Public Law 480).

AN ACT To amend the Foreign Assistance Act of 1961 to authorize development assistance programs for fiscal year 1978, to amend the Agricultural Trade Development and Assistance Act of 1954 to make certain changes in the authorities of that Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

Section 1. This Act may be cited as the "International Development and Food Assistance Act of 1977."

(b) Section 5315 of title 5, United States Code, is amended by repealing paragraphs (52) and (53).

(c) The amendments made by this section shall take effect on

July 1, 1978.

*

*

*

1 Sec. 2205(11) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2162) struck out para. (2), which concerned the duties and responsibilities of the Inspector General, Foreign Service.

FUTURE UNITED STATES DEVELOPMENT ASSISTANCE

Sec. 131.2 It is the sense of the Congress that the United States should increase substantially its assistance for self-help devein ment among the world's poorest people. Such assistance should be provided in accordance with the general policies and principles of chapter 1 of part I of the Foreign Assistance Act of 1961, with particular emphasis on encouraging and supporting more equitate patterns of economic growth, especially in the poorest countries. and should be coordinated with similar expanded efforts by international organizations, donor nations, and the recipient countries themselves.

LIMITATION ON USE OF FUNDS; MISSING IN ACTION IN VIETNAM Sec. 132. (a) 3*** [Repealed-1981]

(b) The President shall continue to take all possible steps to obtain a final accounting of all Americans missing in action in Viet

nam.

PLAN FOR INCREASED MINORITY BUSINESS PARTICIPATION IN FOREIGN ASSISTANCE ACTIVITIES

Sec. 133.2 (a) The Administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 shall prepare and transmit to the Congress, not later than 30 days after the date of enactment of this Act, 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.

222 U.S.C. 2151 note.

3 Sec. 734(a)(6) of the International Security and Development Cooperation Act of 1981 Public Law 97-113; 95 Stat. 1560) struck out subsec. (a), which had prohibited assistance to or reparations for Cambodia, Vietnam, Laos, or Cuba for fiscal year 1978.

(c) 4 (1) Upon the enactment of the International Development Cooperation Act of 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 (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

4 Sec. 123 of the International Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366) added subsec. (c), effective August 16, 1979.