§ 2371. Prohibition on assistance to governments supporting international terrorism

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1976

   Pub. L. 87–195 · 75 Stat. 424

   Enacted · 22 U.S.C. § 2371

   Pub. L. 87–195, pt. III, § 620A, as added Pub. L. 94–329, title III, § 303, June 30, 1976, 90 Stat. 753

   Source evidence

   Code source credit
   Pub. L. 87–195, pt. III, § 620A, as added Pub. L. 94–329, title III, § 303, June 30, 1976, 90 Stat. 753

2. 1985

   International Security and Development Cooperation Act of 1985

   Pub. L. 99–83 title V § 503(a) · 99 Stat. 190

   1. Amended · 22 U.S.C. § 2371(a)

      Pub. L. 99–83 amended subsec. (a) generally

   2. Substituted · 22 U.S.C. § 2371(a)

      Pub. L. 99–83 substituting provisions relating to covered programs and Presidential determinations respecting termination of assistance, for provisions relating to termination of assistance to countries granting sanctuary to international terrorists and period of ineligibility

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 99–83 amended subsec. (a) generally, substituting provisions relating to covered programs and Presidential determinations respecting termination of assistance, for provisions relating to termination of assistance to countries granting sanctuary to international terrorists and period of ineligibility.

   Enacted provision · exact public law section
   (a) Prohibition.— Section 620A of the Foreign Assistance Act of 22 USC 2371. Prohibition. 1961 is amended to read as follows: “Sec. 620A. Prohibition on Assistance to Countries Supporting International Terrorism.— (a) The United States shall not provide any assistance under this Act, the Agricultural Trade Development 7 USC 1691 note, 22 USC 2501 note. and Assistance Act of 1954, the Peace Corps Act, or the Arms Export Control Act, to any country which the President 22 USC 2751 note. determines— “(1) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism, or “(2) otherwise supports international terrorism. “(b) The President may waive the application of subsection (a) to a President of U.S. Federal Register, publication. country if the President determines that national security or humanitarian reasons justify such waiver. The President shall publish each waiver in the Federal Register and, at least 15 days before the waiver takes effect, shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of the waiver (including the justification for the waiver) in accordance with the procedures applicable to reprogramming notifications pursuant to section 634A of this Act. Post, p. 278. “(c) If sanctions are imposed on a country pursuant to subsection (a) because of its support for international terrorism, the President should call upon other countries to impose similar sanctions on that country.”.

3. 1985

   International Security and Development Cooperation Act of 1985

   Pub. L. 99–83 title V § 503(a) · 99 Stat. 190

   1. Amended · 22 U.S.C. § 2371(b)

      Pub. L. 99–83 amended subsec. (b) generally

   2. Substituted · 22 U.S.C. § 2371(b)

      Pub. L. 99–83 substituting provisions relating to waiver of application of subsec. (a), for provisions relating to reports respecting continuation of assistance to any country falling within provisions of former subsec. (a) of this section

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–83 amended subsec. (b) generally, substituting provisions relating to waiver of application of subsec. (a), for provisions relating to reports respecting continuation of assistance to any country falling within provisions of former subsec. (a) of this section.

   Enacted provision · exact public law section
   (a) Prohibition.— Section 620A of the Foreign Assistance Act of 22 USC 2371. Prohibition. 1961 is amended to read as follows: “Sec. 620A. Prohibition on Assistance to Countries Supporting International Terrorism.— (a) The United States shall not provide any assistance under this Act, the Agricultural Trade Development 7 USC 1691 note, 22 USC 2501 note. and Assistance Act of 1954, the Peace Corps Act, or the Arms Export Control Act, to any country which the President 22 USC 2751 note. determines— “(1) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism, or “(2) otherwise supports international terrorism. “(b) The President may waive the application of subsection (a) to a President of U.S. Federal Register, publication. country if the President determines that national security or humanitarian reasons justify such waiver. The President shall publish each waiver in the Federal Register and, at least 15 days before the waiver takes effect, shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of the waiver (including the justification for the waiver) in accordance with the procedures applicable to reprogramming notifications pursuant to section 634A of this Act. Post, p. 278. “(c) If sanctions are imposed on a country pursuant to subsection (a) because of its support for international terrorism, the President should call upon other countries to impose similar sanctions on that country.”.

4. 1985

   International Security and Development Cooperation Act of 1985

   Pub. L. 99–83 title V § 503(a) · 99 Stat. 190

   1. Changed · 22 U.S.C. § 2371(c)

      Pub. L. 99–83, in amending section generally

   2. Added · 22 U.S.C. § 2371(c)

      Pub. L. 99–83, in added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–83, in amending section generally, added subsec. (c).

   Enacted provision · exact public law section
   (a) Prohibition.— Section 620A of the Foreign Assistance Act of 22 USC 2371. Prohibition. 1961 is amended to read as follows: “Sec. 620A. Prohibition on Assistance to Countries Supporting International Terrorism.— (a) The United States shall not provide any assistance under this Act, the Agricultural Trade Development 7 USC 1691 note, 22 USC 2501 note. and Assistance Act of 1954, the Peace Corps Act, or the Arms Export Control Act, to any country which the President 22 USC 2751 note. determines— “(1) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism, or “(2) otherwise supports international terrorism. “(b) The President may waive the application of subsection (a) to a President of U.S. Federal Register, publication. country if the President determines that national security or humanitarian reasons justify such waiver. The President shall publish each waiver in the Federal Register and, at least 15 days before the waiver takes effect, shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of the waiver (including the justification for the waiver) in accordance with the procedures applicable to reprogramming notifications pursuant to section 634A of this Act. Post, p. 278. “(c) If sanctions are imposed on a country pursuant to subsection (a) because of its support for international terrorism, the President should call upon other countries to impose similar sanctions on that country.”.

5. 1985

   Pub. L. 99–190 § 101(i)(tV)(s521) · 99 Stat. 1185

   Inserted · 22 U.S.C. § 2371(a)

   Pub. L. 99–190 inserted reference to the Export-Import Bank Act of 1945

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–190 inserted reference to the Export-Import Bank Act of 1945.

   Enacted provision · exact public law section
   (i) Such amounts as may be necessary for projects or activities provided for in the Foreign Assistance and Related Programs Appropriations Act, 1986, at a rate for operations and to the extent in the Post, p. 1315. following Act; this subsection shall be effective as if it had been enacted into law as the regular appropriation Act: AN ACT Making appropriations for foreign assistance and related programs for the fiscal yearending September 30, 1986, and for other purposes, namely: TITLE I— MULTILATERAL ECONOMIC ASSISTANCE funds appropriated to the president International Financial Institutions contribution to the international bank for reconstruction and development For payment to the International Bank for Reconstruction and Development by the Secretary of the Treasury, for the United States share of the paid-in share portion of the increase in capital stock, $109,720,549 for the General Capital Increase, as authorized by section 39 of the Bretton Woods Agreements Act, as amended (Public Law 79–171), to remain available until expended: Provided, That no such payment may be made while the United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while the alternate United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. limitation on callable capital subscriptions The United States Governor of the International Bank for Reconstruction and Development may subscribe without fiscal year limitation to the callable capital portion of the United States snare of increases in capital stock in an amount not to exceed $1,353,220,096. contribution to the international development association For payment to the International Development Association by the Secretary of the Treasury, $700,000,000, for the second installment of the United States contribution to the seventh replenishment, to remain available until expended: Provided, That no such payment may be made while the United States Executive Director to the International Bank for Reconstruction and Development is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while the alternate United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. contribution to the special facility for subsaharan africa For payment to the Special Facility for Sub-Saharan Africa by the Secretary of the Treasury, $75,000,000, to remain available until expended: Provided, That funds made available under this heading shall be paid to the Special Facility for Sub-Saharan Africa no later than December 31, 1985. contribution to the international finance corporation For payment to the International Finance Corporation by the Secretary of the Treasury, $29,077,390, for the United States share of the increase in subscriptions to capital stock, to remain available until expended. contribution to the inter-american development bank For payment to the Inter-American Development Bank by the Secretary of the Treasury for the United States share of the increase in the resources of the Fund for Special Operations, $40,000,000, to remain available until expended; and $38,000,983 for the United States share of the increase in paid-in capital stock to remain available until expended; and $11,700,000 for the United States share of the capital stock of the Inter-American Investment Corporation to remain available until expended: Provided, That no such payment may be made while the United States Executive Director for the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while the alternate United States Executive Director for the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. limitation on callable capital subscriptions The United States Governor of the Inter-American Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such increase in capital stock in an amount not to exceed $1,230,964,704. contribution to the asian development bank For payment to the Asian Development Bank by the Secretary of the Treasury, for the paid-in share portion of the United States share of the increase in capital stock, $11,909,408 to remain available until expended; and for the United States contribution to the increases in resources of the Asian Development Fund, as authorized by the Asian Development Bank Act, as amended (Public Law 89–369), $100,000,000 to remain available until expended: Provided, That none of the funds provided by the United States to the Asian Development Bank may be made available if the Republic of China (Taiwan) is denied any of the rights and privileges of full membership in the Asian Development Bank: Provided further, That no such payment may be made while the United States Director of the Bank is compensated by the Bank at a rate which, together with whatever compensation such Director receives from the United States, is in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while any alternate United States Director to the Bank is compensated by the Bank in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. limitation on callable capital subscriptions The United States Governor of the Asian Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such increase in capital stock in an amount not to exceed $226,230,498. contribution to the african development fund For payment to the African Development Fund by the Secretary of the Treasury, $62,250,000, for the United States contribution to the fourth replenishment of the African Development Fund, to remain available until expended. contribution to the african development bank For payment to the African Development Bank by the Secretary of the Treasury, for the paid-in share portion of the United States share of the increase in capital stock, $16,188,910, to remain available until expended: Provided, That no such payment may be made while the United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while the alternate United States Executive Director to the Bank is compensated by the Bank at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. limitation on callable capital subscriptions The United States Governor of the African Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $48,564,032. participation in international financial institutions (a) Titles I, II, and III of H.R. 2253 as reported on May 15, 1985 and section 3 of H.R. 1948 as introduced April 3, 1985, are hereby enacted. (b) Section 102 of H.J. Res. 465 shall not apply with respect to the provisions enacted by this paragraph. international organizations and programs For necessary expenses to carry out the provisions of sections 301 and 103(g) of the Foreign Assistance Act of 1961, and of section 2 of the United Nations Environment Program Participation Act of 1983, $277,922,475: Provided, That no funds shall be available for the United Nations Fund for Science and Techology: Provided further, That the total amount of funds made available by this paragraph shall be available only as follows: $148,500,000 for the United Nations Development Program; $48,150,000 for the United Nations Children’s Fund; $1,900,000 for the World Food Program; $900,000 for the United Nations Capital Development Fund; $250,000 for the United Nations Voluntary Fund for the Decade for Women; $1,282,500 for the International Convention and Scientific Organization Contributions; $1,800,000 for the World Meteorological Organization Voluntary Cooperation Program; $17,715,000 for the International Atomic Energy Agency; $9,000,000 for the United Nations Environment Program; $900,000 for the United Nations Educational and Training Program for South Africa; $1,429,975 for the United Nations Development Program Trust Fund to Combat Poverty and Hunger in Africa; $225,000 for the United Nations Institute for Namibia; $180,000 for the Convention on International Trade in Endangered Species; $250,000 for the World Heritage Fund; $90,000 for the United Nations Voluntary Fund for Victims of Torture; $225,000 for the United Nations Fellowship Program; $400,000 for the Center on Human Settlements; $14,725,000 for the Organization of American States; and $30,000,000 for the International Fund for Agricultural Development (except that the funds provided by this paragraph for the International Fund for Agricultural Development shall not be made available to such organization until a budget request has been received by the Congress and the United States has entered into an agreement to participate in the second replenishment of the organization and, notwithstanding sections 451, 492(b), or 614 of the Foreign Assistance Act of 1961, or any other provision of law, such funds may be made available only for the second replenishment of the International Fund for Agricultural Development, except that to the extent that these funds cannot be so utilized, they shall revert to the Treasury as miscellaneous receipts). TITLE II— BILATERAL ECONOMIC ASSISTANCE funds appropriated to the president For expenses necessary to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, and for other purposes, to remain available until September 30, 1986, unless otherwise specified herein, as follows: agency for international development Agriculture, rural development and nutrition, Development Assistance: For necessary expenses to carry out the provisions of section 103, $699,995,900: Provided, That not less than $5,000,000 shall be provided for new development projects of private entities and cooperatives utilizing surplus dairy products: Provided further, That not less than $8,000,000 shall be provided for the Vitamin A Deficiency Program. Population, Development Assistance: For necessary expenses to carry out the provisions of section 104(b), $250,000,000: Provided, That none of the funds made available in this Act nor any unobligated balances from prior appropriations may be made available to any organization or program which, as determined by the President of the United States, supports or participates in the management of a program of coercive abortion or involuntary sterilization: Provided further, That none of the funds made available under this heading may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions; and that in order to reduce reliance on abortion in developing nations, funds shall be available only to voluntary family planning projects which offer, either directly or through referral to or information about access to, a broad range of family planning methods and services: Provided further, That nothing in this subsection shall be construed to alter any existing statutory prohibitions against abortion under section 104 of the Foreign Assistance Act. Health, Development Assistance: For necessary expenses to carry out the provisions of section 104(c), $200,824,200: Provided, That not less than $12,500,000 shall be provided for child survival programs and activities. Child Survival Fund: For necessary expenses to carry out the provisions of section 104(c)(2), $25,000,000. Education and human resources development, Development Assistance: For necessary expenses to carry out the provisions of section 105, $169,949,700: Provided, That of this amount not less than $4,000,000 shall be made available only for the International Student Exchange Program. Energy and selected development activities, Development Assistance: For necessary expenses to carry out the provisions of section 106, $174,358,930: Provided, That not less than $5,000,000 shall be made available only for cooperative projects among the United States, Israel and developing countries: Provided further, That up to $2,280,000 may be made available for hybrid poplar energy farming in Nepal: Provided further, That up to $1,200,000 may be made available for the establishment of a land use management system in Costa Rica if requested by the Government of Costa Rica. Central America Development Assistance: Of the funds appropriated to carry out the provisions of sections 103 through 106, not more than $250,000,000 shall be available for Central America except as provided through the regular notification process of the Committees on Appropriations. Private and Voluntary Organizations: None of the funds appropriated or otherwise made available in this Act for development assistance may be made available after January 1, 1986, to any United States private and voluntary organization, except any cooperative development organization, which obtains less than 20 per centum of its total annual funding for international activities from sources other than the United States Government: Provided, That the requirements of the provisions of section 123(g) of the Foreign Assistance Act of 1961 and the provisions on private and voluntary organizations in Title II of the “Foreign Assistance and Related Programs Appropriations Act, 1985” (as enacted in Public Law 98–473) shall be superseded by the provisions of this section. Science and technology, Development Assistance: For necessary expenses to carry out the provisions of section 106, $10,790,000. Private sector revolving fund: For necessary expenses to carry out the provisions of section 108 of the Foreign Assistance Act of 1961, as amended, not to exceed $18,000,000 to be derived by transfer from funds appropriated to carry out the provisions of chapter 1 of part I of such Act, to remain available until expended. During fiscal year 1986, obligations for assistance from amounts in the revolving fund account under section 108 shall not exceed $18,000,000. Loan allocation, Development Assistance: In order to carry out the provisions of part I, the Administrator of the Agency responsible for administering such part may furnish loan assistance pursuant to existing law and on such terms and conditions as he may determine: Provided, That to the maximum extent practicable, loans to private sector institutions, from funds made available to carry out the provisions of sections 103 through 106, shall be provided at or near the prevailing interest rate paid on Treasury obligations of similar maturity at the time of obligating such funds: Provided further, That amounts appropriated to carry out the provisions of chapter 1 of part I which are provided in the form of loans shall remain available until September 30, 1987. American schools and hospitals abroad: For necessary expenses to carry out the provisions of section 214, $35,000,000. International disaster assistance: For necessary expenses to carry out the provisions of section 491, $22,500,000, to remain available until expended. Sahel development program: For necessary expenses to carry out the provisions of section 121, $80,500,000, to remain available until expended: Provided, That no part of such appropriation may be available to make any contribution of the United States to the Sahel development program in excess of 10 percent of the total contributions to such program. Payment to the Foreign Service Retirement and Disability Fund: For payment to the “Foreign Service Retirement and Disability Fund”, as authorized by the Foreign Service Act of 1980, $43,122,000. Operating expenses of the Agency for International Development: For necessary expenses to carry out the provisions of section 667, $376,350,000: Provided, That not more than $20,000,000 of this amount shall be for Foreign Affairs Administrative Support: Provided further, That except to the extent that the Administrator of the Agency for International Development determines otherwise, not less than 10 per centum of the aggregate of the funds made available for the fiscal year 1986 to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be made available only for activities of economically and socially disadvantaged enterprises (within the meaning of section 133(c)(5) of the International Development and Food Assistance Act of 1977), historically black colleges and universities, and private and voluntary organizations which are controlled by individuals who are black Americans, Hispanic Americans, or Native Americans, or who are economically and socially disadvantaged (within the meaning of section 133(c)(5) (B) and (C) of the International Development and Food Assistance Act of 1977). For purposes of this section, economically and socially disadvantaged individuals shall be deemed to include women: Provided further, That not less than $2,500,000 shall be used to carry out the purposes of section 636(d): Provided further, That not less than $1,200,000 shall be available for the International Development Intern Program: Provided further, That none of the funds appropriated or made available (other than funds appropriated or made available by this paragraph) pursuant to this Act for carrying out the Foreign Assistance Act of 1961, may be used for the operating expenses of the Agency for International Development: Provided further, That none of the funds in this Act may be used to relocate the Regional Inspector General’s Office in Cairo to another country: Provided further, That after February 28, 1986, none of the funds appropriated by this paragraph shall be available for the operating expenses of the International Development Cooperation Agency. Operating expenses of the Agency for International Development Office of Inspector General: For necessary expenses to carry out the provisions of section 667, $21,050,000, which sum shall be available only for the operating expenses of the Office of the Inspector General notwithstanding sections 451 or 614 of the Foreign Assistance Act of 1961 or any other provision of law: Provided, That the full-time equivalent staff years for the Office of the Inspector General for fiscal year 1986 shall not be less than one hundred and ninety-three: Provided further, That up to three percent of the amount made available under the paragraph “Operating expenses of the Agency for International Development” may be transferred to and merged and consolidated with amounts made available under this paragraph. Trade credit insurance program: During the fiscal year 1986, total commitments to guarantee or insure loans for the “Trade credit insurance program” shall not exceed $250,000,000 of contingent liability for loan principal. Trade and development program: For necessary expenses to carry out the provisions of section 661, $18,900,000. Housing and other credit guaranty programs: During the fiscal year 1986, total commitments to guarantee loans shall not exceed $152,000,000 of contingent liability for loan principal: Provided, That the President shall enter into commitments to guarantee such loans in the full amount provided by this paragraph, subject only to the availability of qualified applicants for such guarantees. Economic support fund: For necessary expenses to carry out the provisions of chapter 4 of part II, $3,700,000,000: Provided, That of the funds appropriated under this paragraph, not less than $1,200,000,000 shall be available only for Israel, which sum shall be available on a grant basis as a cash transfer and shall be disbursed within 30 days of enactment of this Act or by October 31, 1985, whichever is later: Provided further, That not less than $815,000,000 shall be available only for Egypt, which sum shall be provided on a grant basis, of which not less than $115,000,000 shall be provided as a cash transfer in accordance with the provisions of section 202(b) of Public Law 99–83, and not less than $200,000,000 shall be provided as a Commodity Import Program: Provided further, That it is the sense of the Congress that the recommended levels of assistance for Egypt and Israel are based in great measure upon their continued participation in the Camp David Accords and upon the Egyptian-Israeli peace treaty; and that Egypt and Israel are urged to continue their efforts to restore a full diplomatic relationship, including ambassadors, and achieve realization of the Camp David Accords: Provided further, That not less than $250,000,000 of the funds appropriated under this paragraph shall be available only for Pakistan: Provided further, That any of the funds appropriated under this paragraph for El Salvador which are placed in the Central Reserve Bank of El Salvador shall be maintained in a separate account and not commingled with any other funds, except that such funds may be obligated and expended notwithstanding provisions of law, which are inconsistent with the cash transfer nature of this assistance, or which are referenced in the Joint Explanatory Statement of the Committee of Conference accompanying House Joint Resolution 648(H. Rept. No. 98–1159): Provided further, That pursuant to section 660(d) of the Foreign Assistance Act of 1961 up to $1,000,000 of the funds appropriated under this paragraph shall be made available to assist the Government of El Salvador’s Special Investigative Unit for the purpose of bringing to justice those responsible for the murders of United States citizens in El Salvador: Provided further, That a report of the investigation shall be provided to the Congress: Provided further, That funds appropriated under this paragraph for Mozambique may be made available only for activities in support of the private sector: Provided further, That of the amounts made available by this paragraph for Mozambique, $5,000,000 may not be made available until a democratic election has been held in Mozambique: Provided further, That of the funds provided under this paragraph only $125,000,000 shall be made available for the Philippines: Provided further, That of the funds appropriated or otherwise made available under this heading, $15,000,000 shall be made available only for Cyprus (except that any offshore procurement must meet Agency for International Development procurement source and origin regulations): Provided further, That not less than $15,000,000 of the funds provided under this paragraph shall be made available only for Ecuador, which sum shall be disbursed within thirty days of enactment of this Act: Provided further, That up to $20,000,000 of the funds provided under this paragraph may be made available to carry out the Administration of Justice program pursuant to section 534 of the Foreign Assistance Act of 1961: Provided further, That not less than 35 percent of the funds allocated for the Human Rights Fund for South Africa shall be made available in accordance with section 802(d) of Public Law 99–83: Provided further, That the obligation of funds made available under this paragraph to finance tied aid credits shall be subject to the regular notification procedures of the Committees on Appropriations. transfer of funds Transfer of funds: Of the unobligated funds remaining from funds appropriated for the “Economic support fund” for Lebanon in Public Law 98–63, $22,850,000 shall be transferred as follows: (1) $12,500,000 to the “Child Survival Fund”, (2) $5,350,000 to “International Organizations and Programs” for the United Nations Children’s Fund, and (3) $5,000,000 to “International Narcotics Control”: Provided, That except for such transfers, amounts remaining unobligated as of September 30, 1985, from funds appropriated for the “Economic Support Fund” for Lebanon in Public Law 98–63 shall, notwithstanding sections 451, 492(b), or 614 of the Foreign Assistance Act of 1961, or any other provision of law, be made available only for Lebanon: Provided further, That, to the extent that these funds cannot be used to provide assistance for Lebanon, they shall revert to the Treasury as miscellaneous receipts. rescission Deobligation and rescission of funds: $11,200,000 of the funds remaining in the “Syria Termination Account” created by Public Law 98–151 are deobligated and are rescinded: Provided, That the authority contained in sections 451, 492(b), and 614 of the Foreign Assistance Act of 1961, or any other provision of law, shall not be exercised to permit the use of funds remaining in the “Syria Termination Account” created by Public Law 98–151 for any other purposes than those for which the account was created. Independent Agencies african development foundation For necessary expenses to carry out the provisions of title V of the International Security and Development Cooperation Act of 1980, Public Law 96–533, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104, title 31, United States Code, $3,872,000. inter-american foundation For expenses necessary to carry out the functions of the Inter-American Foundation in accordance with the provisions of section 401 of the Foreign Assistance Act of 1969, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104, title 31, United States Code, $11,969,000. overseas private investment corporation The Overseas Private Investment Corporation is authorized to make such expenditures within the limits of funds available to it and in accordance with law (including not to exceed $35,000 for official reception and representation expenses), and to make such contracts and commitments without regard to fiscal year limitations. as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for the current fiscal year. During the fiscal year 1986 and within the resources and authority available, gross obligations for the amount of direct loans shall not exceed $14,250,000. During the fiscal year 1986, total commitments to guarantee loans shall not exceed $142,500,000 of contingent liability for loan principal. peace corps For expenses necessary to carry out the provisions of the Peace Corps Act (75 Stat. 612), $130,000,000: Provided, That none of the funds appropriated in this paragraph shall be used to pay for abortions. Department of State international narcotics control For necessary expenses to carry out the provisions of section 481, $57,529,000. migration and refugee assistance For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross and assistance to refugees, including contributions to the Intergovernmental Committee for Migration and the United Nations High Commissioner for Refugees; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980, allowances as authorized by sections 5921 through 5925 of title 5, United States Code; hire of passenger motor vehicles; and services as authorized by section 3109 of title 5, United States Code; $338,930,000: Provided, That not less than $12,500,000 shall be available for Soviet, Eastern European and other refugees resettling in Israel: Provided further, That these funds shall be administered in a manner that ensures equity in the treatment of all refugees receiving Federal assistance: Provided further, That no funds herein appropriated shall be used to assist directly in the migration to any nation in the Western Hemisphere of any person not having a security clearance based on reasonable standards to ensure against Communist infiltration in the Western Hemisphere: Provided further, That no more than $8,150,396 of the funds appropriated under this heading shall be available for the administrative expenses of the Office of Refugee Programs of the Department of State: Provided further, That not more than $2,500,000 of the funds appropriated under this heading shall be available for the orderly movement of overland Vietnamese refugees presently located at the Dong Ruk (Site 2) refugee camp in Thailand to a safe haven either in Thailand or in another location more directly under the control of the United States where they may be joined with other Vietnamese refugees: Provided further, That each of the earmarks contained in section 108 of Public Law 99–93 shall be reduced by 1.7 percent. anti-terrorism assistance For necessary expenses to carry out the provisions of chapter 8 of part II, $7,420,000. peacekeeping operations For necessary expenses to carry out the provisions of section 551, $34,000,000: Provided, That, notwithstanding sections 451, 492(b), or 614 of the Foreign Assistance Act of 1961, or any other provision of law, these funds may be used only as justified in the Congressional Presentation Document for fiscal year 1986: Provided further, That, to the extent that these funds cannot be used to provide for such assistance, they shall revert to the Treasury as miscellaneous receipts. TITLE III— MILITARY ASSISTANCE Funds Appropriated to the President military assistance For necessary expenses to carry out the provisions of section 503 of the Foreign Assistance Act of 1961, including administrative expenses and purchase of passenger motor vehicles for replacement only for use outside of the United States, $782,000,000: Provided, That of the funds made available under this paragraph only $40,000,000 shall be available for the Philippines: Provided further, That only $215,000,000 shall be made available for Turkey: Provided further, That the reports required by section 702 of the International Security and Development Cooperation Act of 1985 (Public Law 99–83) shall also be provided to the Committees on Appropriations: Provided further, That these reports shall supersede the reporting requirements relating to El Salvador contained in the last proviso of the paragraph under the heading “Military Assistance” contained in the joint resolution entitled “a joint resolution making urgent supplemental appropriations for the fiscal year ending September 30, 1984, for the Department of Agriculture”, approved July 2, 1984 (Public Law 98–332) and section 533 of the Foreign Assistance and Related Programs Appropriations Act, 1985 (as enacted in Public Law 98–473): Provided further, That not less than $40,000,000 of the funds made available under this paragraph shall be available only for Tunisia. international military education and training For necessary expenses to carry out the provisions of section 541, $54,489,500. foreign military credit sales For expenses necessary to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $5,190,000,000, of which not less than $1,800,000,000 shall be available only for Israel, not less than $1,300,000,000 shall be available only for Egypt, and not less than $325,000,000 shall be available only for Pakistan: Provided, That if the Government of Israel requests that funds be used for such purposes, up to $150,000,000 of the amount of credits made available for Israel pursuant to this paragraph shall be available for research and development in the United States for the Lavi program, and not less than $300,000,000 shall be for the procurement in Israel of defense articles and services, including research and development, for the Lavi program and other activities if requested by Israel: Provided further, That during fiscal year 1986, gross obligations for the principal amount of direct loans, exclusive of loan guarantee defaults, shall not exceed $5,190,000,000: Provided further, That of the funds made available under this paragraph, only $427,852,000 shall be available for Turkey: Provided further, That of the funds made available under this paragraph, only $450,000,000 shall be available for Greece: Provided further, That of the funds provided under this paragraph only $15,000,000 shall be made available for the Philippines: Provided further, That none of the funds made available under this paragraph shall be available for Guatemala, unless the President makes the following certifications to the Congress: (1) For Fiscal Year 1986, an elected civilian government is in power in Guatemala and has submitted a formal written request to the United States for the assistance, sales, or financing to be provided. (2) For Fiscal Year 1986, the Government of Guatemala made demonstrated progress during the preceding year (A) in achieving control over its military and security forces, (B) toward eliminating kidnapings and disappearances, forced recruitment into the civil defense patrols, and other abuses by such forces of internationally recognized human rights, and (C) in respecting the internationally recognized human rights of its indigenous Indian population: Provided further, That not more than $553,900,000 of the funds made available under this paragraph shall be available at concessional rates of interest: Provided further, That all country and funding level changes in requested concessional financing allocations shall be submitted through the regular notification process of the Committees on Appropriations: Provided further, That not less than $27,000,000 of concessional credits shall be provided only for Tunisia. special defense acquisition fund (limitation on obligations) Not to exceed $325,000,000 may be obligated pursuant to section 51(c)(2) of the Arms Export Control Act for the purposes of the Special Defense Acquisition Fund during fiscal year 1986. TITLE IV— EXPORT-IMPORT BANK OF THE UNITED STATES The Export-Import Bank of the United States is authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 104 of the Government 31 USC 9104. Corporation Control Act, as may be necessary in carrying out the program for the current fiscal year for such corporation: Provided, That none of the funds available during the current fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology to any country other than a nuclear-weapon State as defined in article IX of the 21 USC 483. Treaty on the Non-Proliferation of Nuclear Weapons eligible to receive economic or military assistance under this Act that has detonated a nuclear explosive after the date of enactment of this Act. limitation on program activity During the fiscal year 1986 and within the resources and authority available, gross obligations for the principal amount of direct loans shall not exceed $1,110,000,000: Provided, That during the fiscal year 1986, total commitments to guarantee loans shall not exceed $12,000,000,000 of contingent liability for loan principal. limitation on administrative expenses Not to exceed $18,357,000 (to be computed on an accrual basis) shall be available during the current fiscal year for administrative expenses, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $16,000 for official reception and representation expenses for members of the Board of Directors: Provided, That (1) fees or dues to international organizations of credit institutions engaged in financing foreign trade, (2) necessary expenses (including special services performed on a contract or a fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the Export-Import Bank or in which it has an interest, including expenses of collections of pledged collateral, or the investigation or appraisal of any property in respect to which an application for a loan has been made, and (3) expenses (other than internal expenses of the Export-Import Bank) incurred in connection with the issuance and servicing of guarantees, insurance, and reinsurance, shall be considered as nonadministrative expenses for the purposes of this paragraph. TITLE V— GENERAL PROVISIONS Sec. 501. None of the funds appropriated in this Act (other than Prohibitions. Flood control. Reclamation projects. funds appropriated for “International organizations and programs”) shall be used to finance the construction of any new flood control, reclamation, or other water or related land resource project or program which has not met the standards and criteria used in determining the feasibility of flood control, reclamation, and other water and related land resource programs and projects proposed for construction within the United States of America under the principles, standards and procedures established pursuant to the Water Resources Planning Act (42 U.S.C. 1962, et seq.) or Acts amendatory or supplementary thereto. Sec. 502. Except for the appropriations entitled “International disaster assistance”, and “United States emergency refugee and migration assistance fund” not more than 15 per centum of any appropriation item made available by this Act for the current fiscal year shall be obligated during the last month of availability. Sec. 503. None of the funds appropriated in this Act nor any of the Prohibitions. counterpart funds generated as a result of assistance hereunder or any prior Act shall be used to pay pensions, annuities, retirement pay, or adjusted service compensation for any person heretofore or hereafter serving in the armed forces of any recipient country. Sec. 504. None of the funds appropriated or made available pursuant Prohibitions. Contracts. 22 USC 2151 note. to this Act for carrying out the Foreign Assistance Act of 1961, may be used for making payments on any contract for procurement to which the United States is a party entered into after the date of enactment of this Act which does not contain a provision authorizing the termination of such contract for the convenience of the United States. Sec. 505. None of the funds appropriated or made available Prohibitions. 22 USC 2151 note. pursuant to this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations. Sec. 506. None of the funds contained in title II of this Act may be used to carry out the provisions of section 209(d) of the Foreign 22 USC 2169. Assistance Act of 1961. Sec. 507. Of the funds appropriated or made available pursuant to this Act, not to exceed $110,000 shall be for official residence expenses of the Agency for International Development during the current fiscal year: Provided, That appropriate steps be taken to assure that, to the maximum extent possible, United States-owned foreign currencies are utilized in lieu of dollars. Sec. 508. Of the funds appropriated or made available pursuant to this Act, not to exceed $10,000 shall be for entertainment expenses of the Agency for International Development during the current fiscal year. Sec. 509. Of the funds appropriated or made available pursuant to this Act, not to exceed $100,000 shall be for representation allowances for the Agency for International Development during the current fiscal year: Provided, That appropriate steps shall be taken to assure that, to the maximum extent possible, United States-owned foreign currencies are utilized in lieu of dollars: Provided further, That of the total funds made available by this Act under the headings “Military Assistance” and “Foreign Military Credit Sales”, not to exceed $2,500 shall be available for entertainment expenses and not to exceed $70,000 shall be available for representation allowances: Provided further, That of the funds made available by this Act under the heading “International Military Education and Training”, not to exceed $125,000 shall be available for entertainment allowances: Provided further, That of the funds made available by this Act for the Inter-American Foundation, not to exceed $2,500 shall be available for entertainment and representation allowances: Provided further, That of the funds made available by this Act for the Peace Corps, not to exceed a total of $4,000 shall be available for entertainment expenses: Provided further, That of the funds made available by this Act under the heading “Trade and development program”, not to exceed $2,000 shall be available for representation and entertainment allowances. Sec. 510. None of the funds appropriated or made available (other than funds for “International organizations and programs”) pursuant to this Act, for carrying out the Foreign Assistance Act of 1961, may be used to finance the export of nuclear equipment, fuel, or technology. Sec. 511. Funds appropriated by this Act may not be obligated or expended to provide assistance to any country for the purpose of aiding the efforts of the government of such country to repress the legitimate rights of the population of such country contrary to the Universal Declaration of Human Rights. Sec. 512. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance or reparations to Angola, Cambodia, Cuba, Iraq, Libya, the Socialist Republic of Vietnam, South Yemen, or Syria. Sec. 513. None of the funds appropriated or otherwise made Prohibitions. available pursuant to this Act shall be obligated or expended to finance directly any assistance to any country whose duly elected Head of Government is deposed by military coup or decree. Sec. 514. None of the funds made available by this Act may be Prohibitions. obligated under an appropriation account to which they were not appropriated without the written prior approval of the Appropriations Committees of both Houses of the Congress. Sec. 515. Amounts certified pursuant to section 1311 of the Supplemental Appropriations Act, 1955, as having been obligated 31 USC 1501, 1108, 1502. against appropriations heretofore made under the authority of the Foreign Assistance Act of 1961 for the same general purpose as any 22 USC 2151 note. of the paragraphs under “Agency for International Development’’ are, if deobligated, hereby continued available for the same period as the respective appropriations in such paragraphs for the same general purpose ana for the same country as originally obligated or for activities in the Andean region: Provided, That the Appropriations Committees of both Houses of the Congress are notified fifteen days in advance of the deobligation or reobligation of such funds. Sec. 516. No part of any appropriation contained in this Act shall Prohibitions. be used for publicity or propaganda purposes within the United States not authorized before the date of enactment of this Act by the Congress. Sec. 517. No part of any appropriation contained in this Act shall Prohibitions. remain available for obligation after the expiration of the current fiscal year unless expressly so provided in this Act. Sec. 518. No part of any appropriation contained in this Act shall Prohibitions. Loans. be used to furnish assistance to any country which is in default during a period in excess of one calendar year in payment to the United States of principal or interest on any loan made to such country by the United States pursuant to a program for which funds are appropriated under this Act. Sec. 519. None of the funds appropriated or made available pursuant Prohibitions. Banks and banking. Loans. to this Act shall be available to any international financial institution whose United States governor or representative cannot upon request obtain the amounts and the names of borrowers for all loans of the international financial institution, including loans to employees of the institution, or the compensation and related benefits of employees of the institution. Sec. 520. None of the funds appropriated or made available pursuant Prohibitions. Banks and banking. to this Act shall be available to any international financial institution whose United States governor or representative cannot upon request obtain any document developed by the management of the international financial institution. Sec. 521. Section 620A(a) of the Foreign Assistance Act of 1961 is 22 USC 2371. amended by inserting “the Export-Import Bank Act of 1945,” after “the Peace Corps Act,”. Sec. 522. None of the funds appropriated or made available pursuant to this Act Prohibitions. Exports. Loans. for direct assistance and none of the funds otherwise made available pursuant to this Act to the Export-Import Bank and the Overseas Private Investment Corporation shall be obligated or expended to finance any loan, any assistance or any other financial commitments for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity: Provided, That such prohibition shall not apply to the Export-Import Bank if in the judgment of its Board of Directors the benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity. Sec. 523. The Secretary of the Treasury shall instruct the United States Executive Directors of the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the Asian Development Bank, the Inter-American Investment Corporation, the African Development Bank, and the African Development Fund to use the voice and vote of the United States to oppose any assistance by these institutions, using funds appropriated or made available pursuant to this Act, for the production of any commodity for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity. Sec. 524. None of the funds made available under this Act for “Agriculture, rural development and nutrition, Development Assistance”, “Population, Development Assistance”, “Child Survival Fund”, “Health, Development Assistance”, “Education and human resources development, Development Assistance,” “Energy and selected development activities, Development Assistance”, “Science and technology, Development Assistance”, “International organizations and programs”, “American schools and hospitals abroad”, “Sahel development program”, “Trade and development program”, “International narcotics control”, “Economic support fund”, ‘Peacekeeping operations”, “Operating expenses of the Agency for International Development”, “Operating expenses of the Agency for International, Development Office of Inspector General”, ‘Anti-terrorism assistance”, “Military assistance , “International military education and training”, “Foreign military credit sales”, “Inter-American Foundation ,“African Development Foundation”, “Peace Corps”, or “Migration and refugee assistance”, shall be available for obligation for activities, programs, projects, type of material assistance, countries, or other operation not justified or in excess of the amount justified to the Appropriations Committees for obligation under any of these specific headings for the current fiscal year unless the Appropriations Committees of both Houses of Congress are previously notified fifteen days in advance. Sec. 525. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order pursuant to existing law. Sec. 526. None of the funds appropriated under this Act may be used to lobby for abortion. Sec. 527. None of the funds appropriated or otherwise made available under this Act may be available for any country during Prohibitions. Drugs and drug abuse. any three-month period beginning on or after October 1, 1985, immediately following a certification by the President to the Congress that the government of such country is failing to take adequate measures to prevent narcotic drugs or other controlled substances (as listed in the schedules in section 202 of the Com-prehensive Drug Abuse and Prevention Control Act of 1971 (21 U.S.C. 812)) which are cultivated, produced, or processed illicitly, in 98 Stat. 2071. whole or in part, in such country, or transported through such country from being sold illegally within the jurisdiction of such country to the United States Government personnel or their dependents or from entering the United States unlawfully. Sec. 528. Notwithstanding any other provision of law or this Act, Prohibitions. International organizations. none of the funds provided for “International organizations and programs” shall be available for the United States’ proportionate share for any programs for the Palestine Liberation Organization, the Southwest African Peoples Organization, Libya, Iran, or, at the discretion of the President, Communist countries listed in section 620(f) of the Foreign Assistance Act of 1961, as amended. Sec. 529. (a) Not later than January 31 of each year, or at the time Ante, p. 276. President of U.S. Reports. 22 USC 2414a. of the transmittal by the President to the Congress of the annual presentation materials on foreign assistance, whichever is earlier, the President shall transmit to the Speaker of the House of Representatives and the President of the Senate a full and complete report which assesses, with respect to each foreign country, the degree of support by the government of each such country during the preceding twelve-month period for the foreign policy of the United States. Such report shall include, with respect to each such country which is a member of the United Nations, information to be compiled and supplied by the Permanent Representative of the United States to the United Nations, consisting of a comparison of the overall voting practices in the principal bodies of the United Nations during the preceding twelve-month period of such country and the United States, with special note of the voting and speaking records of such country on issues of major importance to the United States in the General Assembly and the Security Council, and shall also include a report on actions with regard to the United States in important related documents such as the Non-Aligned Communique. A full compilation of the information supplied by the Permanent Representative of the United States to the United Nations for inclusion in such report shall be provided as an addendum to such report. (b) None of the funds appropriated or otherwise made available Prohibitions. pursuant to this Act shall be obligated or expended to finance directly any assistance to a country which the President finds, based on the contents of the report required to be transmitted under subsection (a), is engaged in a consistent pattern of opposition to the foreign policy of the United States. Sec. 530. Notwithstanding any other provision of law, Israel may Loans. Israel. utilize any loan which is or was made available under the Arms Export Control Act and for which repayment is or was forgiven 22 USC 2751 note. before utilizing any other loan made available under the Arms Export Control Act. Sec. 531. In reaffirmation of the 1975 memorandum of agreement Palestine Liberation Organization. Terrorism. Ante, p. 280. between the United States and Israel, and in accordance with section 1302 of the International Security and Development Cooperation Act of 1985 (Public Law 99–83), no employee of or individual acting on behalf of the United States Government shall recognize or negotiate with the Palestine Liberation Organization or representatives thereof, so long as the Palestine Liberation Organization does not recognize Israel’s right to exist, does not accept Security Council Resolutions 242 and 338, and does not renounce the use of terrorism. Sec. 532. The Congress finds that progress on the peace process in the Middle East is vitally important to United States security interests in the region. The Congress recognizes that, in fulfilling its obligations under the Treaty of Peace Between the Arab Republic of Egypt and the State of Israel, done at Washington on March 26, 1979, Israel incurred severe economic burdens. Furthermore, the Congress recognizes that an economically and militarily secure Israel serves the security interests of the United States, for a secure Israel is an Israel which has the incentive and confidence to continue pursuing the peace process. Therefore, the Congress declares that it is the policy and the intention of the United States that the funds provided in annual appropriations for the Economic Support Fund which are allocated to Israel shall not be less than the annual debt repayment (interest and principal) from Israel to the United States Government in recognition that such a principle serves United States interests in the region. Sec. 533. None of the funds made available in this Act shall be restricted for obligation or disbursement solely as a result of the policies of any multilateral institution. Sec. 534. Ceilings and earmarks contained in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent act unless such act specifically so directs. Sec. 535. The Secretary of the Treasury and the Secretary of State are directed to submit to the Committees on Foreign Affairs and the Committees on Appropriations by February 1, 1986, a report on the domestic economic policies of those nations receiving economic assistance, either directly or indirectly from the United States including, where appropriate, an analysis of the foreign assistance programs conducted by these recipient nations. Sec. 536. None of the funds appropriated or otherwise made available pursuant to this Act for “Economic Support Fund” or for “Foreign Military Credit Sales” shall be obligated or expended for Lebanon except as provided through the regular notification process of the Committees on Appropriations. Sec. 537. Of the funds made available by this Act for Jamaica and Peru, not more than 50 per centum of the funds made available for each country shall be obligated unless the President determines and reports to the Congress that the Governments of these countries are sufficiently responsive to the United States Government concerns on drug control and that the added expenditures of the funds for that country are in the national interest of the United States: Provided, That this provision shall not be applicable to funds made available to carry out section 481 of the Foreign Assistance Act of Bolivia. Drugs and drug abuse. 22 USC 2291. 22 USC 2311. Ante, p. 210. 22 USC 2347. 22 USC 2761 et seq. 1961: Provided further, That assistance may be provided to Bolivia for Fiscal Year 1986, under chapter 2 (relating to grant military assistance), chapter 4 (relating to the economic support fund), and chapter 5 (relating to international military education and training) of part II of the Foreign Assistance Act of 1961, and under chapter 2 of the Arms Export Control Act (relating to foreign military sales financing), only under the following conditions: For Fiscal Year 1986— (A) up to 50 percent of the aggregate amount of such assistance allocated for Bolivia may be provided at any time after the President certifies to the Congress that the Government of Bolivia has enacted legislation that will establish its legal coca requirements, provide for the licensing of the number of hec- tares necessary to produce the legal requirement, and make unlicensed coca production illegal; and (B) the remaining amount of such assistance may be provided at any time following a certification pursuant to subparagraph (A) if the President certifies to the Congress that the Government of Bolivia achieved the eradication targets for the calendar year 1985 contained in its 1983 narcotics agreements with the United States. Sec. 538. None of the funds available in this Act may be used to Prohibitions. Exports. El Salvador. Aircraft and air carriers. 22 USC 2778. make available to El Salvador any helicopters or other aircraft, and licenses may not be issued under section 38 of the Arms Export Control Act for the export to El Salvador of any such aircraft, unless the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate are notified at least fifteen days in advance in accordance with the procedures applicable to notifications. Sec. 539. Funds provided in this Act for Guatemala may not be Guatemala. provided to the Government of Guatemala for use in its rural resettlement program, except through the regular notification procedures of the Committees on Appropriations. Sec. 540. (a) The Secretary of the Treasury shall instruct the Banks and banking. Environmental protection. 22 USC 262l. United States Executive Directors of the Multilateral Development Banks to— (1) vigorously promote a commitment of these institutions to add or strengthen professionally trained staff to undertake environmental review of projects; or have development management plans to substantially increase the environmentally trained staff engaged in review of the ecological impacts of prospective projects; (2) vigorously promote changes in these institutions in their preparation of projects and country programs that will encourage staff and borrower countries to— (A) actively and regularly involve environmental and health ministers, or comparable representatives, in the preparation of environmentally sensitive projects and in bank-supported country program planning and strategy sessions; (B) actively and regularly use the resources of available nongovernmental conservation and indigenous peoples’ organizations, and consistent with international procurement policies, in the preparation of environmentally sensitive projects and in bank-supported country program planning and strategy sessions; (3) vigorously promote a commitment of these institutions to increase the proportion of their lending programs supporting environmentally beneficial projects and project components, resource rehabilitation projects and project components, protection of indigenous peoples, and appropriate or light capital technology projects. Examples of such projects include small scale mixed farming and multiple cropping; agroforestry; programs to promote kitchen gardens; watershed management and rehabilitation; high yield woodlots; integrated pest management systems; dune stabilization programs; programs to improve energy efficiency; energy efficient technologies such as small scale hydro projects, rural solar energy systems, and rural and mobil telecommunications systems; and improved efficiency and management of irrigation systems; (4) vigorously promote the establishment within the Economic Development Institute of the World Bank to institute a component which provides training in environmental and natural resource planning and program development; (5) ensure that there is a thorough evaluation within the U.S. Government of the potential environmental problems, and the adequacy of measures to address these problems, associated with all proposed loans for projects involving large impoundments of rivers in tropical countries; penetration roads into relatively undeveloped areas; and agricultural and rural development programs; the potential environmental problems to be addressed in such evaluations shall include those relating to deterioration of water quality, siltation, spread of water borne diseases, forced resettlement, deforestation, threats to the land, health and culture of indigenous peoples, top soil management, water logging and salinization in irrigation projects, and pesticide misuse and resistance; (6) call for, by May 31, 1986, separate and special meetings of each of the Boards of Executive Directors of these institutions to discuss their environmental performance, and ways in which this performance can be improved, including alternative projects considered and alternative configurations of projects with specific attention to environmental problems associated with the following categories of projects: large impoundments of rivers in tropical countries; penetration roads into relatively undeveloped areas; agriculture and rural development projects; and (7) in preparation for the meetings referred to in clause (6), the United States Executive Directors of the Multilateral Development Banks shall request the preparation of reviews by the International Bank for Reconstruction and Development and the Inter-American Development Bank from available information, of their environmental performance over the past decade with respect to the categories of projects referred to in clause (6); the United States Executive Directors shall request that these reviews specifically discuss the environmental problems explicitly referred to in clause (5). (b) The Secretary of the Treasury shall prepare and submit to the Committees on Appropriations by March 31, 1986, a report documenting the progress the Multilateral Development Banks have made in implementing the environmental reform measures described in clauses (1) through (4) of subsection (a). (c) The Secretary of the Treasury and the Secretary of State shall undertake initiatives, in addition to those described in clause (6) of subsection (a) to discuss measures to improve the environmental performance of the Multilateral Development Banks with the representatives, and with the ministries from which they receive their instructions, of other donor nations to these institutions. (d) In the report of the Secretary of the Treasury required by subsection (b) regarding the implementation of staffing measures suggested in clause (1) of subsection (a), the Secretary of the Treasury shall specifically discuss the International Bank for Reconstruction and Development’s progress in adding environmentally trained professionals, or in developing and implementing alternative plans for environmental staffing in each of the Bank’s six regional offices to review projects for their prospective ecological impacts. Sec. 541. None of the funds made available to carry out part I of Prohibitions. Abortions. 22 USC 2151. the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for any biomedical research which relates in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations. The Congress reaffirms its commitments to population, development assistance and to the need for informed voluntary family planning. Sec. 542. Not less than $15,000,000 of the aggregate amount of Afghanistan. funds appropriated by this Act to carry out the provisions of chapter 1 of part I of the Foreign Assistance Act of 1961 and chapter 4 of 22 USC 2151. Ante, p. 210. part II of that Act, shall be available for the provision of food, medicine, or other humanitarian assistance to the Afghan people, notwithstanding any other provision of law. Sec. 543. None of the funds provided in this Act shall be available Prohibitions. Sudan. for the Sudan if the President determines that the Sudan is acting in a manner that would endanger the stability of the region, or the Camp David peace process. Sec. 544. The President shall make available to the Cambodian President of U.S. Cambodia. non-communist resistance forces not less than $1,500,000 nor more than $5,000,000 of the funds appropriated by this Act for “Military Assistance” and for the “Ecomonic Support Fund”, notwithstanding any other provision of law: Provided, That funds appropriated by this Act for this purpose shall be obligated in accordance with the provisions of section 906 of the International Security and Development Cooperation Act of 1985 (Public Law 99–83). Ante, p. 268. Jordan. Weapons. Aircraft and air carriers. Israel. Ante, p. 203. Sec. 545. (a) Sense of Congress.— It is the sense of Congress that no foreign military sales financing appropriated by this Act may be used to finance the procurement by Jordan of United States advanced aircraft, new air defense weapons systems, or other new advanced military weapons systems, and no notification may be made pursuant to section 36(b) of the Arms Export Control Act with respect to a proposed sale to Jordan of United States advanced aircraft, new air defense systems, or other new advanced military weapons systems, unless Jordan is publicly committed to the recognition of Israel and to negotiate promptly and directly with Israel under the basic tenets of United Nations Security Council Resolutions 242 and 338. (b) Certification.— Any notification made pursuant to section 36(b) of the Arms Export Control Act with respect to a proposed sale to Jordan of United States advanced aircraft, new air defense systems or other new advanced military weapons, must be accompanied by a Presidential certification of Jordan’s public commitment to the recognition of Israel and to negotiate promptly and directly with Israel under the basic tenets of United Nations Security Council Resolutions 242 and 338. Sec. 546. None of the funds appropriated or made available pursuant to this Act shall be available to a private voluntary organization which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of the Agency for International Development. Sec. 547. Of the amounts made available by this Act for military assistance and financing for El Salvador under chapters 2 and 5 of 22 USC 2311, 2347. 22 USC 2151 note. part II of the Foreign Assistance Act of 1961 and under the Arms Export Control Act, $5,000,000 may not be expended until the President reports, following the conclusion of the Appeals process in the case of Captain Avila, to the Committees on Appropriations that Michael Hammer. Mark Pearlman. Jose Rodolfo Viera. the Government of El Salvador has (1) substantially concluded all investigative action with respect to those responsible for the January 1981 deaths of the two United States land reform consultants Michael Hammer and Mark Pearlman and the Salvadoran Land Reform Institute Director Jose Rodolfo Viera, and (2) pursued all legal avenues to bring to trial and obtain a verdict of those who ordered and carried out the January 1981 murders. Sec. 548. It is the sense of the Congress that all countries receiving United States foreign assistance under the “Economic Support Fund”, “Foreign Military Credit Sales”, “Military Assistance’’ program, “International Military Education and Training”, Agricultural Trade Development and Assistance Act of 1954 (Public Law 7 USC 1691 note. 480) development assistance programs, or trade promotion programs should fully cooperate with the international refugee assistance organizations, the United States, and other governments in facilitating lasting solutions to refugee situations. Further, where resettlement to other countries is the appropriate solution, such resettlement should be expedited in cooperation with the country of asylum without respect to race, sex, religion, or national origin. Sec. 549. Any joint resolution introduced on or after February 1, 1986, which states that the Congress objects to the proposed sale to Jordan of advanced weapons systems, including advanced aircraft and advanced air defense systems (submitted to the Congress on October 21, 1985), shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security 90 Stat. 765. Assistance and Arms Export Control Act of 1976. Sec. 550. (a) The Congress finds that— (1) the United Nations Children’s Fund (UNICEF) reports that four million children die annually because they have not been immunized against the six major childhood diseases: polio, measles, whooping cough, diphtheria, tetanus, and tuberculosis; (2) at present less than 20 percent of children in the developing world are fully immunized against these diseases; (3) each year more than five million additional children are permanently disabled and suffer diminished capacities to contribute to the economic, social, and political development of their countries because they have not been immunized; (4) ten million additional childhood deaths from immunizable and potentially immunizable diseases could be averted annually by the development of techniques in biotechnology for new and cost-effective vaccines; (5) the World Health Assembly, the Executive Board of the United Nations Children’s Fund, and the United Nations General Assembly are calling upon the nations of the world to commit the resources necessary to meet the challenge of universal access to childhood immunization by 1990; (6) the United States, through the Centers for Disease Control and the Agency for International Development, joined in a global effort by providing political and technical leadership that made possible the eradication of smallpox during the 1970’s; (7) the development of national immunization systems that can both be sustained and also serve as a model for a wide range of primary health care actions is a desired outcome of our foreign assistance policy; (8) the United States Centers for Disease Control headquartered in Atlanta is uniquely qualified to provide technical assistance for a worldwide immunization and eradication effort and is universally respected; (9) at the 1984 Bellagio Conference it was determined that the goal of universal childhood immunization by 1990 is indeed achievable; (10) the Congress, through authorizations and appropriations for international health research and primary health care activities and the establishment of the Child Survival Fund, has played a vital role in providing for the well-being of the world’s children; (11) the Congress has expressed its expectation that the Agency for International Development will set as a goal the immunization by 1990 of at least 80 percent of all the children in those countries in which the Agency has a program; and (12) the United States private sector and public at large have responded generously to appeals for support for national immunization campaigns in developing countries. (b) (1) The Congress calls upon the President to direct the Agency for International Development, working through the Centers for Disease Control and other appropriate Federal agencies, to work in a global effort to provide enhanced support toward achieving the goal of universal access to childhood immunization by 1990 by— (A) assisting in the delivery, distribution, and use of vaccines, including— (i) the building of locally sustainable systems and technical capacities in developing countries to reach, by the appropriate age, not less than 80 per centum of their annually projected target population with the full schedule of required immunizations, and (ii) the development of a sufficient network of indigenous professionals and institutions with responsibility for developing, monitoring, and assessing immunization programs and continually adapting strategies to reach the goal of preventing immunizable diseases; and (B) performing, supporting, and encouraging research and development activities, both in the public and private sector, that will be targeted at developing new vaccines and at modifying and improving existing vaccines to make them more appropriate for use in developing countries. (2) In support of this global effort, the President should appeal to President of U.S. the people of the United States and the United States private sector to support public and private efforts to provide the resources necessary to achieve universal access to childhood immunization by 1990. Sec. 551. The foreign debt burdens of many Third World nations have contributed to their economic decline and inability to engage in a significant economic recovery; Loans. The United States foreign military assistance loan programs, which have had very high interest rates in past years, have contributed to the security of our friends and allies, but also have played a contributing role in adding to the debt burdens of many of our friends and allies; United States foreign aid has, among its major objectives, the enhancement of the military and economic security of our friends and allies and our own security; A foreign assistance program which adds significantly to the debt burdens of our friends and allies by forcing the weaker of those nations to use funds which could be used for development for repayment of loans impairs their economic development unnecessarily and is not in either their or our interest; The past few years have seen several positive legislative steps taken to alleviate the FMS loan-related debt burdens of our friends and allies by reducing interest rates, stretching out the repayment period of these loans, and by increasing the level of MAP grants and forgiven FMS credits; These steps have helped to ease these problems in the short term, but the long-term debt servicing problems of our friends and allies remain; It would be in the best interests of our friends and allies to alleviate their debt burdens brought about by past loans and to bring about a more streamlined and straightforward approach to their programs in this area; Such streamlined, straightforward programs would make it easier to develop country programs and would ease current pressures on the United States to grant to aid recipients the most favorable terms on their military loan programs: Now therefore (1) it is the sense of the Congress that a more simplified, streamlined, straightforward foreign military assistance program is in the national interest and in the interest of the military and economic security of our friends and allies throughout the world; (2) that greater concessionality only to match economic need as appropriate should be incorporated into future military assistance programs; (3) that FMS loan programs extending the repayment period beyond the useful life of the items to be purchased could tend to increase the long-term debt burdens of our friends and allies; (4) that the FMS concessional loan program contains a significant grant element to the recipient nation and that the Congress should actively consider replacing this program with a more straightforward approach; (5) the President is urged to propose, in the next formal Congressional Presentation for Security Assistance Programs, reforms and refinements in the foreign military assistance programs along these lines for consideration by the appropriate committees of the Congress. Sec. 552. (a) Notwithstanding any other provision of law, the President is authorized— (1) to deny nondiscriminatory (most-favored-nation) trade treatment to the products of Afghanistan and thereby cause such products to be subject to the rate of duty set forth in column number 2 of the Tariff Schedules of the United States, 19 USC 1202. and (2) to deny credit, credit guarantees, and investment guarantees to, or for the benefit of, Afghanistan under any Federal program. (b) If the President has not denied nondiscriminatory trade treatment to the products of Afghanistan before the date that is 45 days after the date of enactment of this joint resolution, the President shall submit to the Congress on such date. This subsection may be cited as the “Foreign Assistance and Ante, p. 1291. Related Programs Appropriations Act, 1986”.

6. 1989

   Anti-Terrorism and Arms Export Amendments Act of 1989

   Pub. L. 101–222 § 5 · 103 Stat. 1892

   1. Redesignated · 22 U.S.C. § 2371

      Pub. L. 101–222 amended section generally, in subsec. (a) substituting provisions prohibiting assistance if Secretary of State determines country has repeatedly supported terrorism, for provisions prohibiting assistance if President determines country grants sanctuary to terrorists or otherwise supports terrorism; redesignating subsec. (b) as (d)

   2. Inserted · 22 U.S.C. § 2371

      Pub. L. 101–222 inserting provisions prohibiting justification of waiver of assistance under specified Acts and provisions describing contents of report on proposed waiver; adding subsecs. (b) and (c);

   3. Struck · 22 U.S.C. § 2371

      Pub. L. 101–222 striking out subsec. (c) which related to imposition of sanction by other countries

   Source evidence

   Code amendment note
   Pub. L. 101–222 amended section generally, in subsec. (a) substituting provisions prohibiting assistance if Secretary of State determines country has repeatedly supported terrorism, for provisions prohibiting assistance if President determines country grants sanctuary to terrorists or otherwise supports terrorism; redesignating subsec. (b) as (d) and inserting provisions prohibiting justification of waiver of assistance under specified Acts and provisions describing contents of report on proposed waiver; adding subsecs. (b) and (c); and striking out subsec. (c) which related to imposition of sanction by other countries.

   Enacted provision · exact public law section
   SEC. 5. PROHIBITION ON ASSISTANCE TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM. Section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) is amended to read as follows: “SEC. 620A. PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING INTERNATIONAL TERRORISM. “(a) Prohibition.— The United States shall not provide any assistance under this Act, the Agricultural Trade Development and Assistance Act of 1954, the Peace Corps Act, or the Export-Import Bank Act of 1945 to any country if the Secretary of State determines that the government of that country has repeatedly provided support for acts of international terrorism. “(b) Publication of Determinations.— Each determination of the Secretary of State under subsection (a), including each determination in effect on the date of the enactment of the Antiterrorism and Arms Export Amendments Act of 1989, shall be published in the federal Register. “(c) Rescission.— A determination made by the Secretary of State under subsection (a) may not be rescinded unless the President submits to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate— “(1) before the proposed rescission would take effect, a report certifying that— “(A) there has been a fundamental change in the leadership and policies of the government of the country concerned; “(B) that government is not supporting acts of international terrorism; and “(C) that government has provided assurances that it will not support acts of international terrorism in the future; or “(2) at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that— “(A) the government concerned has not provided any support for international terrorism during the preceding 6-month period; and “(B) the government concerned has provided assurances that it will not support acts of international terrorism in the future. “(d) Waiver.— Assistance prohibited by subsection (a) may be provided to a country described in that subsection if— “(1) the President determines that national security interests or humanitarian reasons justify a waiver of subsection (a), except that humanitarian reasons may not be used to justify assistance under part II of this Act (including chapter 4, chapter 6, and chapter 8), or the Export-Import Bank Act of 1945; and “(2) at least 15 days before the waiver takes effect, the President consults with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate regarding the proposed waiver and submits a report to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate containing— “(A) the name of the recipient country; “(B) a description of the national security interests or humanitarian reasons which require the waiver; “(C) the type and amount of and the justification for the assistance to be provided pursuant to the waiver; and “(D) the period of time during which such waiver will be effective. The waiver authority granted in this subsection may not be used to provide any assistance under the Foreign Assistance Act of 1961 which is also prohibited by section 40 of the Arms Export Control Act.”

7. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 title III § 3001(b)(1)(A) · 122 Stat. 1651

   Substituted · 22 U.S.C. § 2371(a)

   Pub. L. 110–246 substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–246 substituted “Food for Peace Act” for “Agricultural Trade Development and Assistance Act of 1954”.

   Enacted provision · exact public law section
   (A) by striking “Agricultural Trade Development and Assistance Act of 1954” each place it appears and inserting “Food for Peace Act”; and

   Effective date note
   Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

11 of 12 references resolved to an enrolled provision · 1 partial