significant qualitative upgrade since being transferred to the United States and that its total value does not exceed $25,000,000. (h) 999 BALLISTIC MISSILE SANCTIONS NOT AFFECTED. - Nothing contained herein shall affect sanctions for transfers of missile equipment or technology required under section 11B of the Export Administration Act of 1979 or section 73 of the Arms Export Control Act. SEC. 620F.1000 NUCLEAR NON-PROLIFERATION POLICY IN SOUTH ASIA. (a) FINDINGS.-The Congress finds that (1) the proliferation of weapons of mass destruction remains one of the most serious threats to international peace and stability, (2) South Asia, in particular, is an area where the threat of a regional nuclear exchange remains high due to continued Indo-Pakistani tensions over issues such as Kashmir; (3) to date, United States efforts to halt proliferation in South Asia have failed; (4) although global disarmament is a desirable goal which should be vigorously pursued, both regional and sub-regional security arrangements can serve to decrease tensions and promote non-proliferation in certain areas; (5) thus far, there has been some success on a regional basis, such as the South Pacific Nuclear Weapons Free Zone and the Treaty of Tlatelolco in Latin America; (6) in particular, in Latin America, the Treaty of Tlatelolco has been signed by all the nuclear powers; (7) a critical part of this treaty is Protocol II which prohibits nuclear attacks by nuclear weapons states on signatories to the treaty, (8) in 1991, a proposal was made for a regional conference on non-proliferation in South Asia which would include Pakistan, India, the People's Republic of China, the Soviet Union, and the United States; and (9) thus far, Pakistan, China, Russia, and the United States have expressed interest in attending such a conference, whereas India has refused to attend. (b) POLICY.-It is the sense of the Congress that the President should pursue a policy which seeks a regional negotiated solution to the issue of nuclear non-proliferation in South Asia at the earliest possible time, including a protocol to be signed by all nuclear 100922 U.S.C. 2376. Added by sec. 585(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 Stat. 1688). Sec. 585 b) of that Act further provided: b) REPORT ON SOUTH ASIAN NUCLEAR PROGRAMS.-Not later than six months after the enactment of this Act, the President shall submit a report with respect to the People's Republic of China, Pakistan, and India in writing to the Committees on Appropriations, the Speaker of the House of Representatives, the chairman of the Committee on Foreign Relations of the Senate, on those country's nuclear and ballistic missile programs, including, but not limited to1) a determination as to whether that country possesses a nuclear explosive device or whether it possesses all the components necessary for the assembly of such a device; 2) a complete report on the status of that country's missile development program, foreign assistance to that program, and foreign sales of missiles or missile components to that country and steps which the United States has taken in response to such sales; and *(3) a report on whether that country has agreed to fully adhere, and is adhering, to all peaceful nuclear cooperation agreements with the United States and has formally agreed to place all United States-supplied nuclear materials under international safeguards in perpetuity.". weapons states, prohibiting nuclear attacks by nuclear weapons states on countries in the region. Such a policy should have as its ultimate goal concurrent accession by Pakistan and India to the Nuclear Non-Proliferation Treaty, and should also include as needed a phased approach to that goal through a series of agreements among the parties on nuclear issues, such as the agreement reached by Pakistan and India not to attack one another's nuclear facilities. (c) 1001 REPORT ON PROGRESS TOWARD REGIONAL NON-PROLIFERATION.-Not later than April 1 of each year, 1002 the President shall submit a report to the Committees on Appropriations, the Speaker of the House of Representatives, and the chairman of the Committee on Foreign Relations of the Senate, on nuclear proliferation in South Asia, including efforts taken by the United States to achieve a regional agreement on nuclear non-proliferation, and including a comprehensive list of the obstacles to concluding such a regional agreement. SEC. 620G.1003 PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST STATES. (a) WITHHOLDING OF ASSISTANCE.-The President shall withhold assistance under this Act to the government of any country that provides assistance to the government of any other country for which the Secretary of State has made a determination under section 620A. (b) WAIVER.-Assistance prohibited by this section may be furnished to a foreign government described in subsection (a) if the President determines that furnishing such assistance is important to the national interests of the United States and, not later than 15 days before obligating such assistance, furnishes a report to the appropriate committees of Congress including (1) a statement of the determination; (2) a detailed explanation of the assistance to be provided; (4) an explanation of how the assistance furthers United States national interests. 1001 In a memorandum of March 30, 1994, the President delegated the functions in subsec. (c) to the Secretary of State; stipulating that preparation of the report is to be coordinated with other agencies, as appropriate and the Assistant to the President for National Security Affairs (59 F.R. 17229). 1002 Sec. 2219 of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 (subdivision B of Division G of Public Law 105-277; 112 Stat. 2861), struck out "Not later than April 1, 1993, and every six months thereafter," and inserted in lieu thereof "Not later than April 1 of each year,". 1003 22 U.S.C. 2377. Added by sec. 325 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1256). Sec. 329 of that Act (110 Stat. 1258) defined assistance as follows: "(1) the term 'assistance' means assistance to or for the benefit of a government of any country that is provided by grant, concessional sale, guaranty, insurance, or by any other means on terms more favorable than generally available in the applicable market, whether in the form of a loan, lease, credit, debt relief, or otherwise, including subsidies for exports to such country and favorable tariff treatment of articles that are the growth, product, or manufacture of such country; and "(2) the term 'assistance' does not include assistance of the type authorized under chapter 9 of part 1 of the Foreign Assistance Act of 1961 (relating to international disaster assistance).". Sec. 149 of Public Law 104-164 (110 Stat. 1436) also added a new sec. 620G, relating to depleted uranium ammunition. SEC. 620G.1004 DEPLETED URANIUM AMMUNITION. (a) PROHIBITION.-Except as provided in subsection (b), none of the funds made available to carry out this Act or any other Act may be made available to facilitate in any way the sale of M-833 antitank shells or any comparable antitank shells containing a depleted uranium penetrating component to any country other than(1) a country that is a member of the North Atlantic Treaty Organization; (2) a country that has been designated as a major non-NATO ally (as defined in section 644(q)); or (3) Taiwan. (b) EXCEPTION.-The prohibition contained in subsection (a) shall not apply with respect to the use of funds to facilitate the sale of antitank shells to a country if the President determines that to do so is in the national security interest of the United States. SEC. 620H.1005 PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY EQUIPMENT TO TERRORIST STATES. (a) PROHIBITION. (1) IN GENERAL.-The President shall withhold assistance under this Act to the government of any country that provides 1004 22 U.S.C. 2378a. Sec. 149 of Public Law 104-164 (110 Stat. 1436) added this new sec. 620G. Sec. 325 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104132; 110 Stat. 1256) also added a new sec. 620G, prohibiting assistance to countries that aid terrorist states. 1005 22 U.S.C. 2378. Sec. 326 of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1256) added sec. 620H. Sec. 542 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (division D of Public Law 108-447; 118 Stat. 2809), provided the following: "PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM "SEC. 542. (a) None of the funds appropriated or otherwise made available by this Act may be available to any foreign government which provides lethal military equipment to a country the government of which the Secretary of State has determined is a terrorist government for purposes of section 6(j) of the Export Administration Act. The prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases to provide such military equipment. This section applies with respect to lethal military equipment provided under a contract entered into after October 1, 1997. (b) Assistance restricted by subsection (a) or any other similar provision of law, may be furnished if the President determines that furnishing such assistance is important to the national interests of the United States. c) Whenever the waiver authority of subsection (b) is exercised, the President shall submit to the appropriate congressional committees a report with respect to the furnishing of such assistance. Any such report shall include a detailed explanation of the assistance to be provided, including the estimated dollar amount of such assistance, and an explanation of how the assistance furthers United States national interests.". On April 21, 1999, the State Department issued Public Notice 3039 that "[t]he United States Government has determined that the Government of Russia transferred lethal military equipment to a country determined by the Secretary of State to be a state sponsor of terrorism. The United States Government determined that, despite the transfers, furnishing assistance to the Government of Russia, other than assistance furnished to the three Russian entities specifically involved in the transfer of lethal military equipment, is important to the national interests of the United States. Further it is the policy of the United States Government to deny U.S. Government assistance to these three entities." (64 F.R. 23148). Restrictions against two entities were lifted on March 26, 2004 (Department of State Public Notice 4675; 69 F.Ř. 17263). Similar determinations were made involving entities in Russia (Department of State Public Notice 3059; 64 F.R. 31029; June 9, 1999) (partially lifted on March 26, 2004 (Department of State Public Notice 4675; 69 F.R. 17263)); the Government of Kazakhstan and named entities Department of State Public Notice 3175; 64 F.R. 70103; December 9, 1999); the Government of Russia and named entities (Department of State Public Notice 4120; 67 F.R. 57865; September 6, 2002); and the Government of Russia and named entities (Department of State Public Notice 4491; 68 F.R. 54259; September 10, 2003). On September 27, 1999, the State Department issued a determination pursuant to sec. 620H but concluded "that publication of the determination would be harmful to the national security of the United States" and thus did not disclose the country at issue (Department of State Public Continued lethal military equipment to a country the government of which the Secretary of State has determined is a terrorist government for the purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), or 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371). (2) APPLICABILITY.-The prohibition under this section with respect to a foreign government shall terminate 1 year after that government ceases to provide lethal military equipment. This section applies with respect to lethal military equipment provided under a contract entered into after the date of enactment of this Act.1006 (b) WAIVER.-Notwithstanding any other provision of law, assistance may be furnished to a foreign government described in subsection (a) if the President determines that furnishing such assistance is important to the national interests of the United States and, not later than 15 days before obligating such assistance, furnishes a report to the appropriate committees of Congress including (1) a statement of the determination; (2) a detailed explanation of the assistance to be provided; (4) an explanation of how the assistance furthers United States national interests. SEC. 6201.1007, 1008 PROHIBITION ON ASSISTANCE TO COUNTRIES THAT RESTRICT UNITED STATES HUMANITARIAN ASSISTANCE. — (a) IN GENERAL. -No assistance shall be furnished under this Act or the Arms Export Control Act to any country when it is made known to the President that the government of such country prohibits or otherwise restricts, directly or indirectly, the transport or delivery of United States humanitarian assist ance. (b) EXCEPTION. -Assistance may be furnished without regard to the restriction in subsection (a) if the President determines that to do so is in the national security interest of the United States. (c) NOTICE.-Prior to making any determination under subsection (b), the President shall notify the Committee on International Relations, the Committee on Foreign Relations, and the Committees on Appropriations of the Senate and House of Representatives of his intention to make such a determination, the effective date of the determination, and the reasons for making the determination. Notice 3129; 64 F.R. 53434). Similar determinations, in which the country was not disclosed, were made on June 14, 2000 (Department of State Public Notice 3340; 65 F.R. 39219); March 5, 2003 (Department of State Public Notice 4298; 68 F.R. 11606); October 14, 2004 (Department of State Public Notice 4879; 69 F.R. 62112); and on October 28, 2004 (Department of State Public Notice 4886; 69 F.R. 64803). 1006 "[D]ate of enactment of this Act" probably refers to enactment of the amendment, April 24, 1996. 1007 22 U.S.C. 2379. Added by sec. 559 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of Public Law 104-208; 110 Stat. 3009). Originally enacted as freestanding language in sec. 562 of Public Law 104-107 (110 Stat. 745). 1008 In a memorandum of May 23, 1997, for the Secretary of State, the President determined "that it is in the national security interest of the United States that assistance be furnished to Turkey without regard to the restriction in subsection (a) of section 6201." (Presidential Determination No. 97-24; 62 F.R. 30737). Chapter 2-Administrative Provisions Sec. 621.1009 Exercise of Functions. 1010-(a) The President may exercise any functions conferred upon him by this Act through such agency or officer of the United States Government as he shall direct. The head of any such agency or such officer may from time to time promulgate such rules and regulations as may be necessary to carry out such functions and may delegate authority to perform any such functions, including, if he shall so specify, the authority successively to redelegate any of such functions to any of his subordinates. In providing technical assistance under this Act, the head of any such agency or such officer shall utilize, to the fullest extent practicable, goods and professional and other services from private enterprise on a contract basis. In such fields as education, health, housing, or agriculture, the facilities and resources of other Federal agencies shall be utilized when such facilities are particularly or uniquely suitable for technical assistance, are not competitive with 1009 22 U.S.C. 2381. Sec. 576 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000, enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat. 1900A-54), provided the following: "AGENCY FOR INTERNATIONAL DEVELOPMENT BUDGET JUSTIFICATION "SEC. 576. The Agency for International Development shall submit to the Committees on Appropriations a detailed budget justification that is consistent with the requirements of section 515, for each fiscal year. The Agency shall submit to the Committees on Appropriations a proposed budget justification format no later than November 15, 2000, or 30 days after the enactment of this Act, whichever occurs later. The proposed format shall include how the Agency's budget justification will address: (1) estimated levels of obligations for the current fiscal year and actual levels for the 2 previous fiscal years; (2) the President's request for new budget authority and estimated carryover obligational authority for the budget year; (3) the disaggregation of budget data and staff levels by program and activity for each bureau, field mission, and central office; and (4) the need for a user-friendly, transparent budget narrative.". Sec. 587 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999 (division A, sec. 101(d) of Public Law 105-277; 112 Stat. 2681; 22 U.S.C. 2381 note), as amended by sec. 5002(b) of Public Law 106-31 (113 Stat. 109), provided the following: "AID OFFICE OF SECURITY "SEC. 587. (a) ESTABLISHMENT OF OFFICE.-There shall be established within the Office of the Administrator of the Agency for International Development, an Office of Security. Such Office of Security shall, notwithstanding any other provision of law except section 207 of the Foreign Service Act of 1980 and section 103 of Public Law 99-399, have the responsibility for the supervision, direction, and control of all security activities relating to the programs and operations of that Agency. b) TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL.-There are transferred to the Office of Security all security functions exercised by the Office of Inspector General of the Agency for International Development exercised before the date of enactment of this Act. The Administrator shall transfer from the Office of the Inspector General of such Agency to the Office of Security established by subsection (a), the personnel (including the Senior Executive Service position designated for the Assistant Inspector General for Security), assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, and other funds held, used, available to, or to be made available in connection with such functions. Unexpended balances of appropriations, and other funds made available or to be made available in connection with such functions, shall be transferred to and merged with funds appropriated by this Act under the heading 'Operating Expenses of the Agency for International Development'. c) TRANSFER OF EMPLOYEES. -Any employee in the career service who is transferred pursuant to this section shall be placed in a position in the Office of Security established by subsection (a) which is comparable to the position the employee held in the Öffice of the Inspector General of the Agency for International Development.". Sec. 599E of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 Stat. 1698), provided the following: The President shall include with each budget for a fiscal year submitted to the Congress under section 1105 of title 31, United States Code, materials that shall identify clearly and separately the amounts requested in the budget for appropriation for that fiscal year for salaries and expenses related to administrative activities of the Agency for International Development.". 19 Sec. 302(a) of the FA Act of 1962 (Public Law 87-565) struck out subsec. designation "(a)" and repealed subsecs. (b), (c), (d), and (e). Subsequently, sec. 302(a) of the FA Act of 1968 (Public Law 90–554) inserted new subsec. designation “(a)" and added subsec. (b). |