§ 2375. Assistance to Pakistan

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. 1981

   Pub. L. 87–195 · 75 Stat. 424

   Enacted · 22 U.S.C. § 2375

   Pub. L. 87–195, pt. III, § 620E, as added Pub. L. 97–113, title VII, § 736, Dec. 29, 1981, 95 Stat. 1561

   Source evidence

   Code source credit
   Pub. L. 87–195, pt. III, § 620E, as added Pub. L. 97–113, title VII, § 736, Dec. 29, 1981, 95 Stat. 1561

2. 1985

   International Security and Development Cooperation Act of 1985

   Pub. L. 99–83 title IX § 902 · 99 Stat. 190

   Added · 22 U.S.C. § 2375(e)

   Pub. L. 99–83 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 99–83 added subsec. (e).

   Enacted provision · exact public law section
   SEC. 902. NUCLEAR NON-PROLIFERATION CONDITIONS ON ASSISTANCE FOR PAKISTAN. Section 620E of the Foreign Assistance Act of 1961 is amended by 22 USC 2375. adding at the end thereof the following new subsection: “(e) No assistance shall be furnished to Pakistan and no military equipment or technology shall be sold or transferred to Pakistan, pursuant to the authorities contained in this Act or any other Act, unless the President shall have certified in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, during the fiscal year in which assistance is to be furnished or military equipment or technology is to be sold or transferred, that Pakistan does not possess a nuclear explosive device and that the proposed United States assistance program will reduce significantly the risk that Pakistan will possess a nuclear explosive device.”.

3. 1987

   Department of Commerce Appropriation Act, 1988

   Pub. L. 100–202 § 101(e)(tV)(s557) · 101 Stat. 1329

   Substituted · 22 U.S.C. § 2375(d)

   Pub. L. 100–202 substituted “April 1, 1990” for “September 30, 1987”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 100–202 substituted “April 1, 1990” for “September 30, 1987”.

   Enacted provision · exact public law section
   Sec. 101. During the current fiscal year, applicable appropriations and funds available to the Department of Commerce shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by said Act, and, notwithstanding 31 U.S.C. 3324, may be used for advance payments not otherwise authorized only upon the certification of officials designated by the Secretary that such payments are in the public interest.

4. 1989

   Pub. L. 101–167 title V § 591 · 103 Stat. 1195

   Substituted · 22 U.S.C. § 2375(d)

   Pub. L. 101–167 substituted “April 1, 1991” for “April 1, 1990”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 101–167 substituted “April 1, 1991” for “April 1, 1990”.

   Enacted provision · exact public law section
   Sec. 591. assistance for pakistan Section 620E(d) of the Foreign Assistance Act of 1961 22 USC 2375. is amended by striking out “April 1, 1990” and inserting in lieu thereof “April 1, 1991”.

5. 1990

   European Bank for Reconstruction and Development Act

   Pub. L. 101–513 title V § 574(a) · 104 Stat. 1979

   Substituted · 22 U.S.C. § 2375(d)

   Pub. L. 101–513 substituted “April 1, 1992” for “April 1, 1991”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 101–513 substituted “April 1, 1992” for “April 1, 1991”.

   Enacted provision · exact public law section
   (a) Section 620E(d) of the Foreign Assistance Act of 1961 is amended by striking out “April 1, 1991” and inserting in lieu thereof “April 1, 1992”.

6. 1992

   Pub. L. 102–266 § 102 · 106 Stat. 92

   Added · 22 U.S.C. § 2375(d)

   Pub. L. 102–266 added Pub. L. 102–145, § 118. See 1991 Amendment note below

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–266 added Pub. L. 102–145, § 118. See 1991 Amendment note below.

   Enacted provision · exact public law section
   Sec. 102. Insert the following new sections: “Sec. 114. Notwithstanding any other provision of this joint resolution, any rate for operations for any project or activity funded by this joint resolution for foreign operations, export financing, and related programs that is based on the current rate for operations shall be defined to be the amounts appropriated in fiscal year 1991. “Sec. 115. Notwithstanding any other provision of this joint resolution: the rate for operations for Payment to the Foreign Service Retirement and Disability Fund’, ‘Operating Expenses of the Agency for International Development’, ‘Operating Expenses of the Agency for International Development Office of Inspector General’, ‘Peace Corps’ and ‘Migration and Refugee Assistance’ shall be the amount included for each in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992 (H.R. 4095) as passed by the House of Representatives on June 19, 1991: Provided, That no funds are provided by this joint resolution for ‘Contribution to the Enhanced Structural Adjustment Facility of the International Monetary Fund’: Provided further, That for the cost as defined in section 13201 of the Budget Enforcement Act of 1990, of direct and guaranteed loans authorized by section 234 of the Foreign Assistance Act of 1961, the rate for operations shall be $9,080,000, and for administrative expenses of that program the rate for operations shall be $8,250,000: Provided further, That for the costs as defined in section 13201 of the Budget Enforcement Act of 1990, of guaranteed loans authorized by section 108 of the Foreign Assistance Act of 1961, the rate of operations shall be $2,668,000; and for administrative expenses to carry out such guaranteed loan program, the rate of operations shall be $1,367,000: Provided further, That the rate for operations for ‘Administrative Expenses’ of the Export-Import Bank of the United States, shall be $38,613,000, including administrative expenses incurred in connection with contracting for the issuance and servicing of insurance and reinsurance or in lieu of contracting for the performance of such services by the Export-Import Bank: Provided further, That the rate for operations for the ‘Multilateral Assistance Initiative’ for the Philippines shall be $100,000,000. “Sec. 116. Notwithstanding any other provision of this joint resolution, the following earmarks, transfers and ceilings included in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101–513), shall not be applicable to funds appropriated by this joint resolution for foreign operations, export financing, and related programs: the earmarks for the Caribbean Law Institute, and the Center for the Cultural and Technical Interchange Between North and South under the heading ‘Education and Human Resources Development, Development Assistance’; the ceiling for disadvantaged private enterprise in South Africa under the heading ‘Sub-Saharan Africa, Development Assistance’; the earmark under the heading ‘Appropriate Technology’; ceiling and earmarks for El Salvador’s Special Investigative Unit, Jordan, Morocco, El Salvador’s University of Central America, and the Antarctic Protection Act under the heading ‘Economic Support Fund’; the transfer under the heading ‘Multilateral Assistance Initiative for the Philippines’; the earmark for Morocco under the heading ‘Foreign Military Financing Program’; the earmarks in section 533 for neotropical migratory bird conservation in Latin America and the Caribbean, Project Noah, the National Science Foundation’s International Biological Diversity Program, and the earmark in subsection (e) of that section; and the earmark in section 583: Provided, That of the funds appropriated by this joint resolution for foreign operations, export financing, and related programs for programs under the heading ‘Agency for International Development’, not less than $250,000,000 shall be made available for child survival activities: Provided further, That the authority and conditions applicable to ‘Migration and Refugee Assistance’ shall be only those contained in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992 (H.R. 4095), as passed by the House on June 19, 1991. “Sec. 117. Notwithstanding any other provision of this joint resolution, earmarks, transfers, ceilings, or any terms and conditions contained in Public Law 102–27, Public Law 102–55, or Public Law 102–229 applicable to funds appropriated for foreign operations, export financing, and related programs shall not be applicable to funds appropriated by this joint resolution for foreign operations, export financing, and related programs. “Sec. 118. Notwithstanding any other provision of this joint resolution, the authority and conditions provided in sections 531 (except for subsection (f)(3)), 538, and 549 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101–513) shall not be applicable to funds appropriated by this joint resolution for foreign operations, export financing, and related programs: Provided, That the authority and conditions provided 22 USC 2375, 2764 note, 2796. in sections 545, 552, 560, 571, 572, 583, 585, and under the heading ‘Foreign Military Sales Debt Reform’, of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992 (H.R. 4095) as passed by the House on June 19, 1991, shall be applicable to funds appropriated by this joint resolution (and are hereby enacted) in lieu of the authority and conditions provided in sections 546, 553, 562A, 573, 574, 596(d), 599B, and under the heading ‘Foreign Military Sales Debt Reform’, respectively, in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101–513): Provided further, That the authority and conditions applicable to funds appropriated by this joint resolution to the Export-Import Bank of the United States shall be those contained under the heading ‘Export-Import Bank of the United States’ of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992 (H.R. 4095) as passed by the House on June 19, 1991, except for the program ceiling in the first proviso, and the fourth proviso, under the ‘Subsidy Appropriation’ subheading: Provided further, That assistance under the heading ‘International Military Education and Training* may be made available for Malaysia: Provided further, That when applying section 512 and section 545 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101–513) to funds appropriated by this joint resolution, the countries of Angola and Cambodia shall be construed to not be on the list of countries included in these sections: Provided further, That for purposes of satisfying the requirements of section 484 of the Foreign Assistance Act of 1961, funds appropriated by this joint resolution for the ‘Foreign Military Financing Program’ may be used to finance the leasing of aircraft under chapter 6 of the Arms Export Control Act in accordance with the provisions of section 3(g) of the International Narcotics Control Act of 1990 (Public Law 101–623): Provided further, That, notwithstanding any other provision of this joint resolution, section 812 of the International Security and Development Cooperation 99 Stat. 264. Termination date. Act of 1985, is repealed: Provided further, That notwithstanding any other provision of this joint resolution, the period of availability of funds appropriated for foreign operations, export financing, and related programs shall be, for each appropriation item, the period of availability included in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992 (H.R. 4095) as passed by the House on June 19, 1991, except that for Development Assistance and for the Peace Corps funds shall remain available until September 30, 1993. “Sec. 119. Notwithstanding any other provision of this joint resolution, the authority and conditions applicable to funds appropriated by this joint resolution for foreign operations, export financing, and related programs under the headings ‘Contribution to the International Development Association’, ‘Contribution to the International Finance Corporation’, ‘Contribution to the Asian Development Bank’, and ‘Contribution to the Asian Development Fund’ shall be those included in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992 (H.R. 4095) as passed by the House on June 19, 1991. “Sec. 120. Notwithstanding any other provision of this joint resolution, the following earmarks shall be applicable to funds appropriated by this joint resolution for foreign operations, export financing, and related programs for ‘International Organizations and Programs’ in lieu of the earmarks for the same programs, funds or agencies included under that heading in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (Public Law 101–513): $85,000,000 for the United Nations Children’s Fund, $27,500,000 for the International Atomic Energy Agency, $18,193,000 for the United Nations Environment Program, $2,000,000 for the United Nations Afghanistan Emergency Trust Fund, and $18,362,000 for the International Fund for Agricultural Development. “(including transfer of funds) “Sec. 121. In order to avoid the prospect that instability or resurgent totalitarianism in the former Soviet Union would threaten United States national security, and in view of the substantial savings in defense made possible by changes in the former Soviet Union and in view of the need to secure these changes in order to achieve continued savings, of the funds appropriated by this joint resolution for foreign operations, export financing, and related programs, funds appropriated under the heading ‘Economic Support Fund’ may be made available for support for the economic and democratic development of the former Soviet Republics: Provided, That of the funds made available by this section, $50,000,000 may be made available to provide agricultural commodities for the people of the former Soviet Republics, with special emphasis on children and pre- and post-natal women: Provided further, That funds made available by this section may be used for administrative costs of the Agency for International Development in carrying out this program in accordance with the regular notification procedures of the Committees on Appropriations: Provided further, That none of the funds made available by this joint resolution for foreign operations, export financing, and related programs that are provided for assistance for the former Soviet Republics shall be made available except through the regular notification procedures of the Committees on Appropriations: Provided further, That, notwithstanding any other provision of this joint resolution, the Export-Import Bank Act of 1945, is amended (1) in section 7, by repealing subsection 12 USC 635e. 12 USC 635. (b), and (2) in section 2, by deleting in subsection 2(b)(3) ‘(ii) in an amount which equals or exceeds $25,000,000 for the export of goods or services involving research, exploration, or production of fossil fuel energy resources in the Union of Soviet Socialist Republics,’ and (3) in subsection 2(b)(3) by redesignating ‘(iii)’ as ‘(ii)’; and section 613 of the Trade Act of 1974 is repealed: Provided further, 19 USC 2487. That funds made available by this joint resolution for foreign operations, export financing, and related programs for assistance in furtherance of the purposes of this section may be made available notwithstanding any other provision of law. “Sec. 122. (a) Of the funds appropriated by this joint resolution for foreign operations, export financing, and related programs for the ‘Foreign Military Financing Program’, not more than the amount allocated pursuant to Public Law 102–145, $21,250,000, may be made available for military assistance for El Salvador; and such assistance shall be used only for non-lethal items for maintenance, sustainment, restructuring, and reduction and only in strict accordance with the newly defined mission of the Salvadoran Armed Forces as embodied within the Salvadoran Peace Accords. “(b) Of the funds appropriated for the “Foreign Military Financing Program’ by this joint resolution, not less than $63,750,000 shall be transferred to the Demobilization and Transition Fund established by section 531(f) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991, and not-withstanding any other provision of this joint resolution, shall remain available until expended. “(c) Funds transferred to the Demobilization and Transition Fund (in addition to amounts otherwise made available for such assistance) may be used for the following: “(1) assistance described in section 531(f)(3) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991; “(2) assistance for law enforcement in accordance with sub-section (e) of this section; and “(3) assistance for reconstruction which directly supports the implementation of the Peace Accords, including implementation of the National Reconstruction Plan of the Government of El Salvador. “(d) None of the funds transferred to the Demobilization and Transition Fund shall be made available for obligation from the Fund except through the regular reprogramming procedures of the Committees on Appropriations, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate. “(e) Funds transferred to the Demobilization and Transition Fund may be used for assistance for law enforcement in a manner consistent with the Salvadoran Peace Accords and the National Reconstruction Plan of the Government of El Salvador, and may be made available notwithstanding section 660 of the Foreign Assistance Act of 1961. “(f) Of the funds appropriated by this joint resolution under the heading ‘Economic Support Fund’, not less than $1,000,000 shall be made available to support El Salvador’s Truth Commission and its investigations and publicization through reports of its findings and recommendations of unsolved human rights cases, including those specifically referred to in section 538 of Public Law 101–513, with a view to making recommendations on legal, political or administrative steps by the Government of El Salvador, including to bring to trial and verdict persons found responsible for such Reports. acts and to prevent recurrence of such acts. The Secretary of State will transmit reports of the Truth Commission to the appropriate Committees of Congress in a timely manner. ““Sec. 123. Commitments to guarantee loans for foreign operations, export financing, and related programs under the “Housing Guarantee Program Account’ may be entered into notwithstanding the second sentence of section 222(a) and, with regard to programs for Eastern Europe, section 223(j) of the Foreign Assistance Act of 1961. “Sec. 124. The program authorized by section 534 of the Foreign 22 USC 2346c note. Assistance Act of 1961 may continue from funds appropriated by this joint resolution for foreign operations, export financing, and related programs, notwithstanding the last sentence of section 534(e) of that Act: Provided, That such programs may include the protection of participants in judicial cases, notwithstanding section 660 of that Act: Provided further, That, notwithstanding sections 534(c) and 660 of that Act, (1) up to $10,000,000 to provide support for a professional civilian police force for Panama, except that such assistance shall not include more than $5,000,000 for the procurement of equipment for law enforcement purposes, and shall not include lethal equipment, and (2) up to $16,000,000 for Bolivia, Colombia, and Peru. “Sec. 125. (a) International Finance Corporation.— Not-withstanding any other provision of this joint resolution, the International Finance Corporation Act is amended by adding at the end the following: “‘SEC. 14. CAPITAL STOCK INCREASE. “‘(a) Subscription Authorized.— “‘(1) In general.— The United States Governor of the Corporation may— “‘(A) vote for an increase of 1,000,000 shares in the authorized capital stock of the Corporation; and “‘(B) subscribe on behalf of the United States to 250,000 additional shares of the capital stock of the Corporation. “‘(2) Prior appropriation required.— The subscription authority provided in paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. “‘(b) Limitations on Authorization of Appropriations.— In order to pay for the subscription authorized in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $50,000,000 for payment by the Secretary of the Treasury.’. “(b) Asian Development Bank.— Notwithstanding any other provision of this joint resolution, the Asian Development Bank Act is amended by adding at the end the following: “‘SEC. 30. CAPITAL INCREASE. “‘(a) Subscription Authorized.— (1) The United States Governor of the Bank may subscribe on behalf of the United States to 35,230 additional shares of the capital stock of the Bank. (2) Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. “‘(b) Limitations on Authorization of Appropriations.— In order to pay for the increase in the United States subscription to the Bank provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $213,000,000 for payment by the Secretary of the Treasury.’. “(c) African Development Fund.— Notwithstanding any other provision of this joint resolution, the African Development Fund Act is amended by adding at the end the following: “‘SEC. 216. SIXTH REPLENISHMENT. “‘(a) Contribution Authorized.— The United States Governor of the Fund is authorized to contribute $405,000,000 to the sixth replenishment of the resources of the Fund, except that such authority shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. “‘(b) Limitations on Authorization of Appropriations.— In order to pay for the United States contribution provided for in this section, there are authorized to be appropriated, without fiscal year limitation, $135,000,000 for payment by the Secretary of the Treasury.’. “Sec. 126. Notwithstanding any other provision of this joint resolution, each discretionary appropriation provided in this joint resolution for foreign operations, export financing, and related programs except those funds made available by section 127, is hereby reduced by 1.4781 per centum. “Sec. 127. Notwithstanding any other provision of this joint resolution, the following appropriation is made: “DEPARTMENT OF STATE “International Organizations and Conferences “contributions for international peacekeeping activities “For an additional amount for ‘Contributions for International Peacekeeping Activities’, in addition to amounts otherwise available for such purposes, $270,000,000, to remain available until expended, notwithstanding section 15 of the State Department Basic Authorities Act of 1956. “Sec. 128. Notwithstanding any other provision of this joint resolution, the following appropriation is made: “Small Business Administration “disaster loans program account “For an additional amount for the cost of direct loans, $82,025,000, to remain available until expended: Provided, That these funds are available to subsidize additional gross obligations for the principal amount of direct loans not to exceed $241,748,000. “In addition, for administrative expenses to carry out the disaster loan program, an additional $25,000,000, which may be transferred to and merged with the appropriations for ‘Salaries and expenses’. “Congress hereby designates these amounts as emergency requirements pursuant to section 251(b)(2)(D) of the Budget Enforcement Act of 1990.”.

7. 1991

   Pub. L. 102–145 § 118 · 105 Stat. 968

   1. Substituted · 22 U.S.C. § 2375(d)

      Pub. L. 102–145, § 118, as added by Pub. L. 102–266, which directed the amendment of subsec. (d) by substituting “April 1, 1993” for “April 1, 1991” to reflect the probable intent of Congress. See Codification note above and 1990 Amendment note below

   2. Substituted · 22 U.S.C. § 2375(d)

      Pub. L. 102–145, § 118, as added by Pub. L. 102–266, which directed the amendment of subsec. (d) by substituting “April 1, 1993” for “April 1, 1992” to reflect the probable intent of Congress. See Codification note above and 1990 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 102–145, § 118, as added by Pub. L. 102–266, which directed the amendment of subsec. (d) by substituting “April 1, 1993” for “April 1, 1991” in lieu of amendment by Pub. L. 101–513, § 574(a), was executed by substituting “April 1, 1993” for “April 1, 1992” to reflect the probable intent of Congress. See Codification note above and 1990 Amendment note below.

8. 1992

   Pub. L. 102–391 title V § 570(a) · 106 Stat. 1633

   Substituted · 22 U.S.C. § 2375(d)

   Pub. L. 102–391, which directed the substitution of “September 30, 1993” for the date specified in subsec. (d), was executed by substituting “September 30, 1993” for “April 1, 1993”. See 1991 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 102–391, which directed the substitution of “September 30, 1993” for the date specified in subsec. (d), was executed by substituting “September 30, 1993” for “April 1, 1993”. See 1991 Amendment note below.

   Enacted provision · exact public law section
   (a) The date specified in section 620E(d) of the Foreign Assistance Act of 1961 is amended to read as follows: “September 22 USC 2375. 30, 1993”.

9. 1993

   Pub. L. 103–87 title V § 536(a) · 107 Stat. 931

   Substituted · 22 U.S.C. § 2375(d)

   Pub. L. 103–87, which directed the substitution of “September 30, 1994” for the date specified in subsec. (d), was executed by substituting “September 30, 1994” for “September 30, 1993”. See 1992 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 103–87, which directed the substitution of “September 30, 1994” for the date specified in subsec. (d), was executed by substituting “September 30, 1994” for “September 30, 1993”. See 1992 Amendment note below.

10. 1994

    Nuclear Proliferation Prevention Act of 1994

    Pub. L. 103–236 title VIII § 822(b)(2) · 108 Stat. 382

    Amended · 22 U.S.C. § 2375(d)

    Pub. L. 103–236 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The President may waive the prohibitions of section 2429 of this title at any time during the period beginning on December 29, 1981, and ending on September 30, 1994, to provide assistance to Pakistan during that period if he determines that to do so is in the national interest of the United States.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 103–236 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The President may waive the prohibitions of section 2429 of this title at any time during the period beginning on December 29, 1981, and ending on September 30, 1994, to provide assistance to Pakistan during that period if he determines that to do so is in the national interest of the United States.”

    Enacted provision · exact public law section
    (2) Amendment.— Section 620E(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2375(d)) is amended to read as follows: “(d) The President may waive the prohibitions of section 101 of the Arms Export Control Act with respect to any grounds for the prohibition of assistance under that section arising before the effective date of part B of the Nuclear Proliferation Prevention Act of 1994 to provide assistance to Pakistan if he determines that to do so is in the national interest of the United States.”.

    Effective date note
    Amendment by Pub. L. 103–236 effective 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103–236, set out as an Effective Date note under section 6301 of this title.

11. 1996

    Pub. L. 104–107 § 559(a)(1) · 110 Stat. 704

    1. Amended · 22 U.S.C. § 2375(e)

       Pub. L. 104–107, § 559(a)(1), designated existing provisions as par. (1)

    2. Substituted · 22 U.S.C. § 2375(e)

       Pub. L. 104–107, § 559(a)(1), substituted “military assistance” for “assistance” wherever appearing

    3. Added · 22 U.S.C. § 2375(e)

       Pub. L. 104–107, § 559(a)(1), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 104–107, § 559(a)(1), designated existing provisions as par. (1), substituted “military assistance” for “assistance” wherever appearing, and added par. (2).

    Enacted provision · exact public law section
    (1) in subsection (e)— (A) by striking the words “No assistance” and inserting the words “No military assistance”; (B) by striking the words “in which assistance is to be furnished or military equipment or technology” and inserting the words “in which military assistance is to be furnished or military equipment or technology”; (C) by striking the words “the proposed United States assistance” and inserting the words “the proposed United States military assistance”; (D) by inserting “(1)” immediately after “(e)”; and (E) by adding the following new paragraphs: “(2) The prohibitions in this section do not apply to any assistance or transfer provided for the purposes of: “(A) International narcotics control (including chapter 8 of part I of this Act) or any provision of law available for providing assistance for counternarcotics purposes. “(B) Facilitating military-to-military contact, training (including chapter 5 of part II of this Act) and humanitarian and civic assistance projects. “(C) Peacekeeping and other multilateral operations (including chapter 6 of part II of this Act relating to peacekeeping) or any provision of law available for providing assistance for peacekeeping purposes, except that lethal military equipment provided under this subparagraph shall be provided on a lease or loan basis only and shall be returned upon completion of the operation for which it was provided. “(D) Antiterrorism assistance (including chapter 8 of part II of this Act relating to antiterrorism assistance) or any provision of law available for antiterrorism assistance purposes. “(3) The restrictions of this subsection shall continue to apply to contracts for the delivery of F-16 aircraft to Pakistan. “(4) Notwithstanding the restrictions contained in this subsection, military equipment, technology, or defense services, other than F-16 aircraft, may be transferred to Pakistan pursuant to contracts or cases entered into before October 1, 1990.”; and

12. 1996

    Pub. L. 104–107 § 559(a)(2) · 110 Stat. 704

    Added · 22 U.S.C. § 2375(f)(h)

    Pub. L. 104–107, § 559(a)(2), added subsecs. (f) to (h)

    Source evidence

    Code amendment note
    Subsecs. (f) to (h). Pub. L. 104–107, § 559(a)(2), added subsecs. (f) to (h).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsections: “(f) Storage Cost.— The President may release the Government of Pakistan of its contractual obligation to pay the United States Government for the storage costs of items purchased prior to October 1, 1990, but not delivered by the United States Government pursuant to subsection (e) and may reimburse the Government of Pakistan for any such amount paid, on such terms and conditions as the President may prescribe: Provided, That such payments have no budgetary impact. “(g) Inapplicability of Restrictions to Previously Owned Items.— Section 620E(e) does not apply to broken, worn or unupgraded items or their equivalent which Pakistan paid for and took possession of prior to October 1, 1990 and which the Government of Pakistan sent to the United States for repair or upgrade. Such equipment or its equivalent may be returned to the President. Government of Pakistan: Provided, That the President determines and so certifies to the appropriate congressional committees that such equipment or equivalent neither constitutes nor has received any significant qualitative upgrade since being transferred to the United States and that its total value does not exceed $25,000,000. “(h) 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.”.

11 of 15 references resolved to an enrolled provision · 4 partial