STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS BY MR. FULBRIGHT: S.2059. A BILL TO PROVIDE FOR THE FURNISHING

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• Publication Date: June 25, 1973
• Content Type: OPEN

Approved For Release 2001/08138':-CIA-RADP75B00380R000600170054-3
June 25, 1973 CONGRESSIONAL RECORD?SENATE
this land can help himself to other peo-
ple's money without being dealt with,
what protection is there for the widows
and the orphans and the clients of all
categories who must deal with the legal
profession? Right now John Dean is the
darling of the theatrical set, but the good
name of the legal profession demands
that the appropriate bar associatiofl
committee deal with the Dean case.
PETITIONS
Petitions were laid before the Senate
and referred as indicated:
By the ACTING PRESIDENT pro
tempore (Mr. METCALF) :
A concurrent resolution adopted by the
Legislature of the State of Texas. Referred
to the Committee on the Judiciary:
"SENATE CONCURRENT RESOLUTION No. 16
"Whereas, The Supreme Court of the
United States has ruled that membership
in both houses of a bicameral state legisla-
ture must be apportioned according to pop-
ulation and has thus afforded every citizen
of the State of Texas just and equal repre-
sentation in the legislature of the State of
Texas; and
"Whereas, Since 1965 and the passage of
Senate Concurrent Resolution No. 24 of the
59th Legislature of the State of Texas, memo-
rializing the Congress of the United States
to call a constitutional convention for the
purpose of changing the ruling of the Su-
preme Court, the people of Texas have ac-
cepted the wisdom of that decision; and
"Whereas, The people of Texas desire to
repudiate Senate Concurrent Resolution No.
24 of the 59th Legislature; now, therefore,
be it
"Resolved by the Senate of the State of
Texas, the House of Representatives concur-
ring, That the Congress of the United States
is memorialized to disregard and to consider
Senate Concurrent Resolution No. 24 of the
59th Legislature of the State of Texas as a
total and complete nullity; and, be it further
"Resolved, That Concurrent Resolution
No. 24 of the 59th Legislature of the State
of Texas is repealed, revoked, and repudiated
and has no continuing effect or validity;
and, be it further
"Resolved, That a duly attested copy of
this resolution be immediately transmitted
to the Secretary of the Senate of the United
States, the Clerk of the House of Representa-
tives of the United States, and to each
member of the congress from this state."
REPORTS OF COMMITTEES
The following reports of committees
were submitted:
By Mr. HATHAWAY, from the Committee
on Banking, Housing and Urban Affairs,
without amendment:
S. 1901. A bill to amend the act of Au-
gust 20, 1963, as amended, relating to the
construction of mint buildings (Rept. No.
93-243).
By Mr. HATHAWAY, from the Committee
on Banking, Housing and Urban Affairs, with
amendments:
S. 1141. A bill to provide a new coinage
design and date emblematic of the bicen-
tennial of the American Revolution for dol-
lars and half dollars (Rept. No. 93-244),
By Mr. ROBERT C. BYRD (for Mr. SPARK-
MAN) from the Committee on Banking,
Housing and Urban Affairs, with amend-
ments:
II.J. Res. 512. A joint resolution to ex-
tend the authority of the Secretary of Hous-
ing and Urban Developm,Arn, nikovgd:ufblo
the insurance of loans "Ail? mortgages, to
extend authorizations under laws relatin
to housing and urban development, and fo
other purposes (together with individua
views) (Rept. No. 93-246).
By Mr. McINTYRE, from the Committee
on Banking, Housing and Urban Affairs, with
amendments:
S. 1410. A bill to amend section 14(b) of
the Federal Reserve Act, as amended, to ex-
tend for 1 year the authority of Federal Re
serve Banks to purchase U.S. obligations di-
rectly from the Treasury (Rept. No. 93-248).
? By Mr. MAGNUSON, from the Committee
on Commerce, without amendment:
S. 1352. A bill to require load lines on
U.S. vesels engaged in foreign voyages and
foreign vessels within the jurisdiction of the
United States, and for other purposes (Rept.
SA-245).
By Mr. RANDOLPH, from the Committee
on Public Works, without amendment:
HR. 6717. An act to amend section 210 of
the Flood Control Act of 1968 (Rept. No. 93-
250) . Referred to the Committee on Interior
aaid. Insular Affairs. ,
By Mr. 'SCOTT of Virginia, from the Com-
mittee on Public Works, without amend-
ment:
S. 1618. A bill to name the headquarters
building in the Geological Survey National
Center under construction in Reston, Va., as
the "John Wesley Powell Federal Building"
(Rept. No. 93-247).
By Mr. ,RANDOLPH, from the Committee
on Public Works, with an amendment.
S. 1759. A bill authorizing further appro-
priations to the Secretary of the Interior for
services necessary to the nonpreforming arts
functions of the John F. Kennedy Center
for the Performing Arts, and for other pur-
poses (minority views filed) (Rept. No. 93--
241).
By Mr. LONG, from the Committee on Fi-
nance, with an amendment:
H.R. 8410. An act to continue the existing
temporary increase in the public debt limit
through November 30, 1973, and for other
purposes (Rept. No. 93-249).
Mr. LONG. Mr. President, I ask unani-
mous consent to file a report on behalf
of the Committee on Finance on H.R.
8410.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. LONG. Mr. President, I ask unani-
mous consent that during consideration
of this measure, the debt limit bill, the
following staff members be permitted on
the floor from the Committee on
Finance:
From the Finance Committee staff,
Michael Stern, Jay Constantine, Jim
Mongan, and Bill Galvin.
From the staff of the Joint Committee
on Internal Revenue Taxation, Lawrence
Woodworth, Mike Byrd, Al Buckberg, and
Bob Shapiro.
From the Congressional Research
Service, Fred Arner, Joe Humphreys, and
S 11833
g INTRODUCTION OF BILLS AND
JOINT RESOLUTIONS
1
Frank Crowley.
The PRESIDING OFFICER. Without
objection, it is so ordered.
REPORT ENTITLED "SUPPLEMEN-
TAL EXPENDITURES BY THE
COMMITTEE ON GOVERNMENT
OPERATIONS"?REPORT OF A
COMMITTEE (S. REPT. NO. 93-242)
Mr. CHILES submitted a report on an
original resolution (S. Res. 131) to sup-
plement requests made in Senate Resolu-
ReillaVe92061)108130w1111bURDPME10
to be printed.
The following bills and joint resolu-
tions were introduced, read the first time
and, by unanimous consent, the second
time, and referred a?_indipa4c,Q: li)j)(;) 1)P3
q.?,S. 2059. A pill to provide for the furnish]
'lfy-rrr,?1,71:TrnitIGHT:0(71...:" 4L,Lir
the U5.-Government of foreign economic ?VLS
and humanitarian assistance. Referred to the
Committee on Foreign Relations.
By Mr. HARTKE:
S. 2060. A bill to authorize the Secretary of
Transportation to act to assure the con-
tinuance of rail services in the northeastern
United States, and for other purposes. Re-
ferred to the Committee on Commerce.
By Mr. PACKWOOD (for himself and
Mr. HATFIELD) :
S. 2061. A bill for the relief of J. Dain Con-
nor, Cleric June Connor, his wife; Thomas
Clayton Connor, David DaM Connor, sons;
Nancy Lynn Connor, daughter. Referred to
the Committee on the Judiciary.
By Mr. HATFIELD (for himself, Mr.
CASE, Mr. HUGHES, Mr. PACKWOOD,
and Mr. KENNEDY) :
S. 2062. A bill to prohibit the introduction
into interstate commerce of nonreturnable
beverage containers. Referred to the Commit-
tee on Commerce.
By Mr. MAGNUSON (for himself and
Mr. COTTON) (by request) :
S. 2063. A bill to amend the Criminal
Code in order to extend protection to officers
and employees of the Interstate Commerce
Commission. Referred to the committee
Commerce. L-06-ILII.(--
IVIr.,,MAGNUSON (-for hi,:nself and
&I)'. COTTON) (by reque:0
S. 206...VA bill to amend the laws govern-
transportation of hazardous mate-
rials. Referred to the Committee on Com-
merce.
By Mr. STEVENSON (for himself, Mr.
ROTH, Mr. ADOUREZK, Mr. HUM-
PHREY, Mr. ALLEN, Mr. MCGOVERN,
Mr. BENTSEN, Mr. COOK, Mr. EAGLE-
TON, Mr. NELSON, and Mr. MON-
DALE) :
S. 2065. A bill to clarify the application of
the gift tax laws to political contributions
made to more than one political cornmittee,
and to require the Secretary of the Treasury
to notify political committees that they
must preserve their financial records for tax
purposes. Referred to the Committee on Fi-
nance.
By Mr. SAXBE:
S. 2066. A bill to declare a national emer-
gency with respect to energy supplies and
?to establish in the Executive Office of the
President the Office of National Energy
Coordinator with certain authority to deal
with such emergency. Referred to the Com-
mittee on Government Operations.
By Mr. CANNON (for himself and Mr.
PELL) :
S. 2067. A bill relating to congressional and
Supreme Court pages. Referred to the Com-
mittee on Rules and Administration.
rS-TATEMENTS ON INTRODUCED
BILLS AND JOINT RESOLUTIONS
By Mr. FULBRIGHT:
S. 2059. A bill to provide for the fur-
nishing by the U.S. Government of for-
eign economic and humanitarian assist-
ance. Referred to the Committee on For-
eign Relations,
THE INTERNATIONAL DEVELOPMENT ACT
Mr. FULBRIGHT. Mr. President, fol-
lowing the Senate's defeat of a ferci
gn
0066
aid bill a_y_eatkObalf w;o, the Senate
038100
ffr.tack to life by
passing two bills, one military and one
S 11834
Approved For Release 2001/08/30 : CIA-RDP75600380R000600170054-3
CONGRESSIONAL RECORD - SENATE June 25, 1973
economic, each of which pledged that it
"looks to the phaseout of the current
program and to establishment of a new
one which will command the respect and
the support of Congress and the Aineri-
can people." The Committee on Foreign
Relations has approved a bill to revamp
the military assistance and sales pro-
gram. Today I am introducing a bill to
carry out the second halt of that 1971
Pledge, one charting a new course for
foreign economic assistance.
I realize that there is not sufficient
time available at this point for Congress
to give proper consideration to this or
any other bill which makes majov.,
changes in the foreign aid program or
its administrative apparatus. I am in-
troducing this bill, not with the expec-
tation of having it passed this session,
but in order to indicate the direction in
which I think American foreign aid bolf-
icy should move, as well as to stimulate
public discussion and comment for ac-
tion by Congress next year. I welcome
constructive comments on the proposal.
There are, however, portions of the bill.
which I do intend to pursue in connec-
tion with the committee's coming con;
sideration of interim economic aid legis-
lation.
Mr. President, the foreign aid program
has promised far more than it could de-
liver. The prospective benefits of foreign
aid have been oversold to Congress, to
the public, and, most unfortunate of all,
to the people of the recipient countries.
Revolutionary changes have been prom-
ised. But other than the Marshall plan,
which cost $20 billion, it is difficult to
point to solid, measurable accomplish-
ments from the $118 billion in economic
aid the United States has dispensed since
World War II.
? The success of the Marshall plan has
been a principal' cause of the failure of
our foreign aid policy since that time..
The Marshall plan syndrome has guided ?
the aid program for two decades. Mas-
sive American aid saved Western Europe
from communism, the argument went.
Ergo, economic developments, force-fed
by U.S. aid, would save the rest of the
world from that evil also. Foreign aid
would create the good life for everyone,
eliminating the misery of poverty, hun-
ger, and disease which supposedly formed
the breeding ground for communism. But,
we found, the oligarchies in Brazil, the
Philippines, Ethiopia, and other recipient
countries had little in common with the
democratic leaders of Western Europe
who were committed to bringing the
fruits of economic growth to the masses.
Showplace factories have been built
and roads and dams constructed with
American foreign aid throughout Latin
America, Asia, and Africa. The focus
of this policy has been on quantitative
change while the real need has been for
qualitative change, in the way people
live and in the relationship between gov-
down theory, where the rich get richer
and the poor get relatively poorer.
Peter T. Bauer wrote recently:
Progress does not depend on handouts, but
on capacities, mores, and institutions.
If, he wrote, "the required conditions
other than capital are present, capital
will be generated locally or supplied com-
mercially from abroad, to government or
to business, so that aid is unnecessary for
_development. If the other conditions are
not present, aid will be ineffective and
thus useless." After nearly three decades
of experimentation, there is no concrete
evidence that external aid is a crucial
factor in the social and economic devel-
opment of poor nations.
In fact, a strong case can be made
that the U.S. aid program has only post-
poned the day of reckoning for many
poor nations of the world. If deprived o
the steady inflow of American capit 1
and food, some observers have said, th se
countries would have been forced to t ke
more aggressive steps to solve their 1bwn
problems, such as over-population .ela-
tive to food production and the aldis-
tribution of wealth. In an article/in the
June 3, 1973, Washington. Post, illiam
C. Paddock wrote:
One reason why no drastic actin is being
taken in the world against the opulation-
food crunch is the false hope hat foreign
aid provides. So long as there jl.s such false
hope, governments will not in iated the ac-
tion most needed. The time Ijas come then,
for aid without AID.
The hungry nations must Ue helped by not
helping them, by letting
must solve their own probl ms and that the
only way they can do this is with their own
energids and motivation. ost of the develop-
ing world knows what n eds to be done. We
must let them do it.
ernors and the governed. As a conse-i.
quence, much of America's aid has ended
up in the mansions, yachts, and limou-
sines of the rich, not the pockets of the
poor. American foreign economic aid, by
concentrating on.01.4546d1FroleatelLeta
without basic socia' fdorni, has amount- ?
ed to little more than the old trickle-
win know they
Unless population fgrowth is brought
under control, any foreign aid the United
States or the rest !of the world funnel
into many of the boor nations of Asia,
Africa, or Latin Alherica will have little
impact on the lotibf the common people.
Their Situation IS like the country de-
scribed by the Queen in "Alice in Won-
derland" where -'"it takes all the running
you can do to "keep in the same place."
James P. Browh wrote in the May 30 New
York Timesat, although the "Green
Revolution" has not been a failure, popu-
lation growth has wiped out the gains.
This year, even with a drought, India ex-
pects tb harvest nearly twice her 1950-51
production of grain, he wrote. But in that
period India's population has increased
by about two thirds. As a result "the
overwhelming majority remain close to
the sta,rvatien line."
- Economic growth per se also does little
to help the lot of the poor if maldistribu-
tion of wealth persists. Robert McNa-
mara told a meeting of the World Bank
last year that in 10 countries with per
capita incomes averaging $145 yearly
"the poorest 40 percent of the popula-
tion receive a per capita income of only
$50." In India, he said, some 200 million
people subsist on incomes of less than
$40 per year and that "it would require
more than 30 years before the poorest
third of the country could afford an ade-
5e192004108/40?4c121AIIRDP75B00380
economic growth. An equitable social
structure is essential to economic prog-
ress for the masses. No amount of foreign
aid can buy that.
If a government and the ruling classes
deny the people political participation
and social justice, foreign aid serves only
to further entrench the establishment
and perpetuate the status quo. Through-
out the wor the doling out of U.S. for-
eign aid 'is reactionary and repressive
regimes s put the United States, a na-
tion fou ded by revolution, on the side
of the :haves" and against the "have
nots." orea, Taiwan, the Philippines,
Gree e, Brazil, Thailand, Vietnam?all
maj sr recipients of foreign aid?are con-
sta t reminders of Washington's infat-
u ion with the status quo.
And in many countries the infusion of
conomic aid in one pocket has only en-
abled poor countries to take money out
of another pocket and spend it for use-
less military purposes. In the last 20
years, the United States has furnished
some $35 billion in military and related
aid to the poor countries while providing
them with some $43 billion in economic
aid. It makes little sense to provide these
countries with resources which only en-
able them to divert other resources into
maintaining large, unneeded military es-
tablishments.
China could serve as an instructive
example of how, nations can make the
best of what they have. Everyone who
knew the old China and has visited the
new China appears to be greatly im-
pressed with what the Chinese people
have done, on their own, to develop their
country. China has pulled herself up by
her bootstraps without foreign aid since
the Russian technicians left many years
ago.
Contrast China with South Korea, of-
ten pointed to as an American foreign
aid success story. Korea received $586,-
804,000 in U.S. aid last year, $169,363,000
of it in food aid alone. And, in addition,
Korea costs the American taxpayers $600
million more for the 40,000 U.S. troops
still stationed there 20 years after the
end of the Korean war. With success
stories like this, our taxpayers could use
some failures.
Mr. President, the Agency for Inter-
national Development is still geared to
running a program where Uncle Sam
thinks he knows what is best for the poor
nations of the world. As of December 31,
1972, 17 percent of all U.S. Government
personnel abroad worked on State De-
partment activities. In contrast, 21 per-
cent of the total worked for the Agency
for International Development. A total
of 16,293 people, including foreign na-
tionals, were employed by AID and, of
those, 12,804 were stationed overseas. The
cost of salaries alone amounted to $164
million in the 1972 fiscal year and overall
operating costs came to $193 million, 11
percent of the entire appropriation for
the year.
A look at AID's country-by-country
operating costs is revealing. In Chile AID
operating expenses amounted to 99.1 per-
cent of the 1972 economic aid program;
they were 68.9 percent of the program in
Morocco, 62.9 percent in Zaire, 33.4 per-
ROOMM110054
-arcent in Brazil, and
32 percent in Liberia. And so on down
the list which I will insert in the RECORD.
June 25, 1973 Approved FErcalegsM/H/RFAMDPHROMOR000600170054-3
Overseas spending by AID in the last
fiscal year-amounted to $329,000,000, a
significant factor in our unfavorable bal-
ance of payments.
The point is that the administra-
tive apparatus of the foreign aid pia--
gram is much too large and cumber-
some. tinder the bill I am introducing,
overseas and Washington-based per-
sonnel would be reduced to a minimum
and the small remaining bilateral aid
program operated primarily on a con-
tract basis through nongovernmental
organizations.
My bill would also deal with one of
the most serious problems facing the
developing countries, their growing debt
burden. As of the end of 1971 the ex-
ternal public debt of the less-developed
countries was $50.7 billion of which
$16.7 billion was owed to the United
States, The debt servicing obligations
of the 80 developing countries in-
creased at a rate of 11.2 percent an-
nually from 1965 through 1971?
from $3.5 billion to $6.6 billion. And
Indications are that it will continue
to rise rapidly during the rest of the
decade. The debt-service level could
reach $20 billion a year by 1979. While
the external debt payments are up by
89 percent over this period, exports
are up by only 63 percent and the gap
between debt-service requirements and
ability to pay is widening rapidly. Re-
payments on AID loans alone are ex-
pected to double by 1977, from $202 mil-
lion to $404 million. A May 21 article
about the problem in the WEill Street
Journal quoted a United Nations official
as saying:
The only question is whether they can
roll over this debt?cover it with new
borrowings?as It comes due. They can't
pay it.
I do not believe that it is either in
our interests or the interests of the
poor countries to encourage them to
add to their debt burden, If poor coun-
tries must bouow, they should do it
through the international and region-
al development banks which are in a
position to require conditions for lend-
ing that the United States simply can-
not impose without involving itself
deeply in the internal affairs of the
borrowing country. Multilateral lending
Institutions can require political and
social changes as a condition for loans
or seek out projects to benefit the
masses directly. I point out that the
Senate went on record 2 years ago in
favor of phasing out the bilateral loan
program by 1975. My bill would end
the bilateral loan program. It also con-
tains provisions which would ease the
foreign exchange squeeze on debtor
nations.
Let me explain briefly the basic
provisions of the bill.
rt would abuli?h the Agency for In-
ternational Development and create a
U.S. Foundation for International De-
velopment. The Foundation would be
headed by a President subject to Sen-
ate confirmation, Policy would be es-
tablished by a bipartisan board of di-
rectors, all subject to confirmation by
the Senate. The Foundation would
have the principal responsibility for
administering both bilateral and multi-
lateral assistance programs.
The Foundation's bilateral aid pro-
gram would focus on providing a modest
program of technical assistance through
contract with nongovernmental organi-
zations, with projects directed at pro-
grams to improve human welfare?edu-
cation, health, and agriculture. To insure
local initiative and support, each coun-
try would be required to pay at least 25
percent of the costs of a project. All
projects would be coordinated with other
donors. U.S. Government personnel here
and abroad would be kept to a minimum.
Present AID missions abroad would be
phased out within 1 year, $200,000,000
would be authorized for this program for
the first year, including use of funds from
repayments on outstanding loans.
Out of the apropriations for techni-
cal assistance up to $25,000,000 could be
made available for use in a discretionary
fund of not more than $500,000 per coun-
try, to be administered by the U.S. am-
bassador, for assistance on small, self-
help projects.
Technical training 'assistance would be
emphasized and $50 million per year
would be authorized with funds to come
out of repayments on outstanding for-
eign aid loans. The recipient country
would be required to pay at least 25 per-
cent of the costs of the training.
The $10 million a year would be au-
thorized, out of development loans re-
payments, for support through the De-
partment of State of American-spon-
sored schools abroad, but not more than
15 percent could be spent in any one
country.
As to debt arrangement on prior for-
eign aid loans, the President would be
authorized to make agreements of lim-
ited amount and duration, which could
be rejected by Congress, for:
First, repayment by the poorest debtor
countries in local currency in order to
meet U.S. expenses,
Second, grants of amounts due from
the poorest countries for technical assist-
ance projects, in conjunction with debt
forgiveness arrangements by other lend-
ing nations, and
Third, use of loan repayments as con-
tributions or interest-free loans to the
multilateral development organizations
on a 25-percent matching basis.
A $150 million would be earmarked
for population and family-planning ac-
tivities.
It would authorize a total of $240,000,-
000 in fiscal year 1974 for relief and re-
habilitation in South Vietnam, Cam-
bodia, and Laos, compared with the ex-
ecutive branch request of $632,000,000.
The total authorizations in the bill are
$881,200,000, a reduction of $1,056,800,000
from the executive branch request. Only
$546,200,000 in new appropriations would
be required, the remainder would come
from repayments on outstanding loans.
Mr. President, I do not introduce this
bill with enthusiasm or expectation of
acclaim from either my colleagues or my
constituents. Foreign aid is not the high-
est item on my constituents' priority list
or the most urgent matter facing Con-
gress. But it is an issue which involves
great sums of the taxpayers' money and
S 11835
deserves serious public discussion if we
are ever to break away from the "unsatis-
factory policy that has prevailed for so
long.
The bill does not go as far as I would
like in revising foreign aid policy. And
it will go too far for others who are still
Wedded to the current approach. My
preference would be to call a moratorium
on all new U.S. bilateral aid projects and
allow a reasonable interval, a year or
two, for the recipient countries, other
donors, and the international develop-
ment institutions to appraise the situa-
tion. There is now $2.9 billion in the pipe-
line for bilateral economic aid and, if
all new funding were cut off, the foreign
aid program would still continue indefi-
nitely. Out of a moratorium would, I be-
lieve, emerge a more realistic approach
by the world community to the social
and economic development problems of
the poor. This bill, then, is not being pro-
posed as the optimum solution, but as a
measure tempered by the realities of the
problem facing the Congress.
I wish to make it clear that this bill is
an effort to deal with only a portion of
the U.S. overall effort to assist the less
developed countries of the world. It
focuses only on a limited spectrum of
our aid policies. It does not disturb the
basic authority for the Public Law 480
program or for contributions to interna-
tional banks. Nor does it treat with
broader issues such as trade preferences,
special drawing rights and other more
indirect means of assisting and develop-
ing countries.
I recognize that, in limiting this bill
to activities such as those now being
carried out by the Agency for Interna-
tional Development, its scope is quite
limited. But because of the cormplexity of
the issues concerning the U.S. relations
with the developing countries, I believe
that Congress should take the overhaul
of U.S. policies toward these countries
one step at a time.
Mr. President, Americans are com-
passionate people with deep concern for
their less fortunate fellow men. They
have been more than generous with their
tax dollars to help foreign countries. But
they have a right to expect measurable
results for those expenditures. This has
not been the case with the money spent
for foreign aid. Our Government's fiscal
condition is perilous. The President has
urged Congress to exercise fiscal restraint
- and eliminate nonessential spending.
This would reduce the amounts pro-
gramed for economic aid by $1 billion. It
sets forth a new approach which would
implement the President's request while
continuing a modest program of assist-
ance, geared to human needs, in keeping
with America's humanitarian tradition.
I hope that it will stimulate public dis-
cussion that will lead to major changes
in our foreign aid policy and the frame-
work for carrying it out.
I ask unanimous consent to have the
text of the bill, a summary of its pro-
visions, and a number of tables printed
in the RECORD at this point.
There being no objection, the bill and
material were ordered to be printed in
the RECORD, as follows:
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CONGRESSIONAL RECORD -- SENATE June 25, 1973
S. 2059
Be it eitected by the Senate and House of
Represen,:atives of ihe United States of
America in Congress assembled, That this
Act, divided into parts, chapters, and sections
according to the following table of cor tents,
may be cited as the "International Develop-
ment ACV':
TABLE OF CONTENTS
PART I-GENERAL PROVISIONS
CHAPTER 1,--Dernerrious
See. 101. Definitions.
Cinereua Fa-UNITED STATES FOUNDATION FOR
INTERNATIONAL DEVELOPMENT
Sec. 801. Establishment.
Sec. 802. Board of Dire. ors and President.
See. 303. Personnel of the Foundation.
Sec. 304. Detail and aseignrnent of perso eneL
See. 805. General powers.
Sec. 806. Bee of fends.
See. 307. Missions and offices abroad.
See. 808. Annual report
CHAPTER 5..-AGIENCT FOR INTERNATIONAL DE-
VELOPMENT; INTER-AMERICAN FOUNDATION
Sec. 501. Abolition of Agency for :neer-
national Development.
Sec. 502. Transfers.
Sec. 503. AID mission; and offices.
Sec. 504- Inter-Amerinin Foundation.
PART II-BILATERAL ECONOMIC
ASS/STANCE
CHAPTEIR 11-TECHNVIAL GRANT ASSISTANCE
Sec. 1101. General aushority.
See. 1102. Criteria.
Sec, 110$. Foreign oountry responsibilities.
Sec. 1104. Authorization of appropriations.
Sec. 1105. Anibareefielors' discretionary fund.
Cnannat 13-TRA/FING AND EDUCATION
Sec. 1301. Specialized and technical train-
ing.
Sec. 1302. Study on eo icational and cultural
exchanges.
See, 1303. American, schools and hospitals
abroad.
CHAPTER La-USE OF REPAYMENTS ON LOANS
See, 1501. Repayment agreements.
Sec. 1502. Congressiored disapproval of
agreements.
Sec. 1503. Funding.
Centersa 17-CONTROL OF POPULATION
GROWTH
Sec. 1701. General authority.
Sec. /702. Funding.
CHAPTER 19--Ranare AND REIIABILITATTON AS-
S/STANCE eon SvOITTII VIETNAM, LAOS, AND
CAMBOD IA
SSC. ISM. Statement of purpose.
Sec. 1902. Authorization of appropriatians.
PART III-MULTILATERAL ASSISTANCE
CHAPTER 21-VW/TED NATIONS
Sec. 2101. Authority to contribute.
Sec. 2102. -United Nations development pro-
Sec. 2103. Indus Basin development.
CHAPTER 23-MULTILATERAL DEVELOPMENT
BANKS
Sec. 2301. Loan authority.
Sec. 2302. Congressional dies.pproval of
PART IV--IIUMAIITTARIAN ASSISTANCE
CHAPTER al-nacsAsua, AND RE:FOGEE RBLIEF
Sec; 8101. Authority to provide relief grants.
Sec. 3102. Support of voluntary assistance.
Sec: 3103. Authorization of appropriations,
PART V-INTERNATIONAL NARCOTICS
CONTROL
CPIAPTER 41-NARCOTICS CONTROL PROGRAM
Sec. 4101 Agreements on controlling nar-
cotics.
Sec. 4102. Authorization of appropriations.
PART VI-GENERAL LIMITATIONS AND
MISCELLANEOUS PROVISIONS
CHAPTER 51-GENERAL LIMITATIONS
See. 5101. Use of United States Armed Forces.
Sec. 5102. Failure to provide requested in-
formation.
Sec. 5103. Procurement,
Sec. 5104. Small business.
Flee. 5105. Shipping on United States vessels.
Sen. 5106. Termination of assistance.
CHAPTER. 53-MISCELLANEOUS PROVISIONS
Sec. 5301. Rousing guaranties.
Sec. 5302. Prior foreign assistance loan legis-
lation balances.
Sec. 5303. Amendments and repeals.
Sec. 5304. Savings provisions.
Sec. 5305. Statutory construction.
Sec. 5306. Effective dates.
Sec. 5307. Transitional provision.
PART I-GENERAL PROVISIONS
CHAPTER 1-DEFINITIONS
DEFINTT/ONS
Sec. 101. For purposes of this Act-
(1) "Foundation" means the United States
Foundation foe' International Development
established under section 301 of this Act;
(2) "Board" means the Board of Directors
of the Foundation established under section
302 of this Act;
(3) "agency of the United States Govern-
ment" includes any agency, department,
board, wholly or partly owned corporation,
instrumentality, commission, or establish-
ment of the Milted States Government,
(4) "programs relating to population
growth" includes but is not limited to demo-
graphic studies, medical, psychological, and
sociological research and voluntary family
planning programs including personnel
training, the construction and staffing of
ieclinics and health centers, specialized train-
ing of doctors and paramedical personnel, the
manufacture of medical supplies, the dis-
semination of family planning information,
and provision of medical assistance and sup-
plies; and
(5) "prior foreign assistance loan legisla-
tion" means the Economic Cooperation Act
of 1918, the Mutual Defense Assistance Act
of 1949, the Indian Emergency Food Aid Act
of 1951; the Mutual Security Act of 1963, the
Mutual Security Act of 1954, the Latin Amer-
ican Development Act, and the Foreign As-
sistance Act of 1961.
CHAPTER 3-UNITED S'TATES FOUNDATION FOR
INTERNATIONAL DEVELOPMENT
ESTABLISHMENT
SEC. 301. (a) There ie established, within
the executive branch cf the United States
Government, an independent establishment
to be known as the United States Foundation
for International Development. The Foun-
dation shall have such functions as may be
conferred upon it by this Act and other pro-
visions of law. The Foundation shall be the
principal agency within the United States
Government with responsibility for admin-
istering bilateral and multilateral programs
of that Government to assist people of de-
veloping countries.
(b) The Foundation shall be under the
general policy guidance of the Secretary of
State.
BOARD OF DIRECTO/LE AND PRESIDENT
Sen. 302. (a) The Foundation shall have a
Board of Directors composed of 9 directors,
appointed in accordance with this; section.
Six of the directors shall be appointed from
private life, and 2 shall be appointed from
among officers of the executive branch of the
United States Government. All such appoint-
ments are to be made by the President, by
and with the advice and consent of the Sen-
ate. The ninth director shall be the President
of the Foundation, The directors shall be
appointed without regard to political, affilian
tion.
(b) The Board shall exercise all powers
necessary to carry out the purposes, func-
tions, and powers of the Foundation. The
Board may delegate to any officer, employee,
or agency ef the Foundation such powers
vested in the Board as the Board deems ap-
propriate.
(e) The directors arm:anted from private
life shall serve for terms of 6 years, except
that-
(1) the terms of such a members first tak-
ing office shall expire as designated by the
President oi the United States at ';he time
of appointment, 2 at the end of 2 years, 2 at
e end of 1 years, and 2 at the end of 6
years, following their appointments;. and
(2) any such director apponted to fill a
vacancy occurring before the expiration of
he term for which his predecessor was ap-
oointed shalt serve for the remainder of such
term.
'The 2 direcors of the Board who are also
officers of the United States Government
shall serve at the pleasure oe the President
f the United States.
(a) The President of the Foundation shall
ne appointed by the President of the United
States, by and with the advice and. consent
of the Senate. The Peseident of the Foun-
dation shall serve a term of 6 years, and he
may succeed himself. Be shall be appointed
without regard to political affiliation.,
(e) The President of the Foundation and
I he 6 directers appointed from private life
may be removed by the President of the
United States only for inefficiency, neglect of
duty, or malfeasance in office.
(f) The 6 directors appointed from private
life shall be compensated at a rate equal to
she daily rate paid under level IV of the Exe-
cutive Schedule under section 5315 of title 5,
United States Code, when engaged, in the
actual performance of their duties as direc-
t ors. The other 3 directors shall serva with-
out additional compensation. Any director
appointed from private life may be paid per
diem in lieu of subsistence at the applicable
rate prescribed in the standardized Govern-
inent travel regulations, while away from his
home or usual place of business.
(g) Vacancies in the membership of the
Board, as long as there are 5 directors in of-
fice, shall not impair the powers of the Board
I o execute the purposes, functions, and pow-
ers of the Foundation. Five of the directors
in office shall constitute a quorum for the
transaction f business.
(h) The Board is authorized to (establish
such committees of the Board, and delegate
such powers to any committee, as the Board
deerris appropriate to carry out its purposes,
functions, and duties.
(i) The Board shall elect oae of its direc-
tors (other than the President of the Founda-
tion) as Chairman of the Board.
PERSONNEL OF rise; FOUNDATION
SEC. 303. (a) The President of the United
States is authorized to appoirt, by and with
the advice and consent of the Senate, a First
Vice President of the Foundation and. 4 Sec-
ond Vice Presidents of the Foundation.
(b) (1) The Foundation is authorized to
eppoint such personnel as it considers appro-
priate to carry out the functions of the Foun-
dation.
(2) Of the personnel employed in. the
United States under this subsection, not to
ceceed 30 may be appointed rio, or removed
from, positions within the Foundation with-
out regard to the provisions of title 5, 'United
States Code, governing the competitive serv-
ice. Under such regulations as the President
of the Unitel States may prescribe,. any in-
dividual who is appointed to any such posi-
tion may be entitled, upon removal from
such position, to reinstatement to a posi-
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tion occupied at the time of appointment (b) The principal office of the Foundation ing out programs authorized by this Act may
or to a position of comparable grade and shall be in the District of Columbia. For provide for the payment of the reimbursable
salary. purposes of venue in civil actions, the Foun- indirect costs of such educational institu-
(c) The Foundation may obtain the serv- dation shall be a resident of the District of tional on the basis of predetermined fixed-
ices of experts and consultants in accord- Columbia. percentage rates applied to the total, or an
ance with siction 3109 of title 5, United USE OF FUNDS element thereof, of the reimbursable direct
States Code. SEC. 306. (a) Funds made available for costs incurred.0
DETAIL AND ASSIGNMENT OF PERSONNEL carrying out the provisions of this Act may MISSIONS AND OFFICES ABROAD
SEC. 304. (a) Whenever the President of be utilized for the following: . SEC. 307. Except as otherwise provided in
the United States determines it to be in (1) expenses of attendance at meetings section 503 of this Act, the Foundation shall
furtherance of the provisions of this Act, concerned with provisions of this Act; not establish or maintain a mission or office
he is authorized to detail, assign, or other- (2) contracts with individuals for personal in any foreign country unless that mission
wise make available any officer or employee services abroad, except that such individuals or office is specifically authorized for that
of the United States Government to any of-
shall not be regarded as employees of the country by law enacted after the date of
United States Government for the purpose of enactment of this Act.
flee or position with, or to render advice or
service to, any foreign government, foreign any law administered by the Civil Service ANNUAL REPORT
government agency or international or re- Commission; SEC. 308. The Foundation shall, as soon as
gional organization, where acceptance of (3) the purchase and hire of motor vehi-
such office or position does not involve the cies abroad, and the purchase or hire, or practicable, after the end of each fiscal year,
taking of an oath of allegiance to another both, of passenger motor vehicles for official submit a report to Congress on its activities
government or the acceptance of coni during the preceding fiscal year.
tamed in sections pen- use wthout regard to the limitations con-
638(c) 2) and 638c of CHAPTER 5?AGENCY FOR INTERNATIONAL DE-
title 31, United States Code; ? VELOP1VIENT; INTER-AMERICAN Fox:I'm:maw/sr
(4) use in accordance with the Foreign ABOLITION OF AGENCY FOR INTERNATIONAL
Service Act of 1946 (not otherwise provided DEVELOPMENT
,
for; SEC. 501. The Agency for International
(5) insurance of official motor vehicles Development is abolished.
and aircraft acquired for use in foreign coun-
TRANSFERS
tries;
(6) expenses of preparing and transport- SEc. 502. (a) All personnel of the Agency
ing to their former homes, or, with respect for International Development (other than
to foreign participants engaged in any pro- the Administrator, Deputy Administrator,
gram under this Act, to their former homes Assistant Administrators, Regional Assistant
or places of burial, and of care and disposi- Administrators, General Counsel, and Au-
tion of, the remains of persons or members ditor-General), assets, liabilities, contracts,
of the families of persons who may die while property, and records of the Agency are
such persons are away from their homes par- transferred to the Foundation. This subsec-
tioipating in any program under this Act; tion shall not be construed to prohibit the
(7) payment of per diem in lieu of sub- appointment of an individual holding any
sistence to foreign participants engaged in such position referred to in this subsection
any program under this Act, while such par- from being appointed to a position in the
ticipants are away from their homes in coun- Foundation.
tries other than the United States, at rates (b) Personnel transfered under this sec-
not in excess of those prescribed by the tion may continue to be employed under the
standardized Government travel regulations, appointments in which they were serving
notwithstanding any other provision of law; immediately prior to the date of such trans-
(8) payment of the cost of health and ac- fer, or may, in the discretion of the Founda-
cident insurance for foreign participants en. tion be converted to a personnel status au-
gaged in any program under this Act, while thorized by this Act or by other law, in-
such participants are absent from their eluding status as Foreign Service Reserve
homes for the purpose of participation in officers with unlimited tenure.
such program. (c) The President of the United States
(9) payment of the cost of health and ad- is authorized to prescribe by regulation,
cideiat insurance for foreign employees en-
standards, and other criteria for maintain-
gaged in any program under this Act while ing adequate performance levels for Foreign
those employees are absent from their place Service Reserve officers transferred under
of employment ;broad for purposes of train-
this section who are serving under unlimited
ing or other offic l duties;
appointments at the time of such transfer.
ia
Notwithstanding any other law, any Foreign
(10) expenses in connection with travel of
personnel outside the United States, includ-
Service Reserve officer so transferred who
ing travel expenses of dependents (including fails to meet the standard of performance
required by officers of his class shall be re-
expenses during necessary stopovers while
tired from the Service and receive benefits
engaged in such travel), and transportation
of personal effects, household goods, and in the same amount as provided in section
634(b) (1) of the Foreign Service Act of
automobiles of such personnel When any part
1946, unless he is eligible at the time of his
' of suoh travel or transportation begins in
separation for (1) an immediate annuity
under subchapter III of chapter 83 of title
5, United States Code, or (2) compensation
under subchapter I of chapter 81 of such
title 5, other than compensation payable
concurrently with salary or on account of the
death of another individual.
(d) Any. Foreign Service Reserve officer
transferred under this section, whose serv-
ternational or regional organization, which (11) printing and binding without regard ices meet the standards required for the
agreements (except for loans) may not ex- to the provisions of any other law, and for efficient conduct of the work of the Service,
tend at any time for more than 5 years; expenditures for the procurement of supplies shall receive an increase in salary to the next
(8) to exercise the priority of the United and services, and for administrative and higher rate for the class in which he is serv-
States Government in collecting debts from operating purposes (other than compensation ing on the first day of the first fiscal year
bankrupts, insolvents, or decedents' estates; of personnel) without regard to such laws following enactment of this Act, and there-
(9) to. determine the character of, and the and regulations governing the performance, after, the provisions of section 625 of the
necessity for, its obligations and expendi- amendment, or modification of contracts, Foreign Service Act of 1946, shall apply.
tures, and the manner in which they shall be and the obligation and expenditure of funds (e) For purposes of section 8336(d) of title
incurred, allowed, and paid, subject to pro- of the United States Government, as the 5, United States Code, the Agency for Inter-
visions of law specifically applicable to Gov- President may determine to be appropriate national Development and the Foundation
ernment corporations; and to accomplish the purposes of this Act, shall be considered to be undergoing a major
(10) to take such other actions as may be (b) Any cost-type contract or agreement reduction in force throughout the world
neceesary or appropriate to carry out its (including grants) entered into with an edu- for period of one year after the effective
functions. cational institution for the purpose of carry- date of this Act.
sattion or other benefits from any foreign
country or international or regional orga-
nization by such officer or employee.
(b) Whenever practicable, details or as-
signments made under this section shall be
made with reimbursement by the foreign
government, foreign government agency, or
international or regional organization, and
any reimbursement made (including foreign
currencies) shall be available for the pur-
poses of this Act.
(e) Any officer or employee, while assigned,
detailed, or serving under this section, shall
be considered, for the purpose of presefving
his allowances, privileges, rights, seniority,
and other benefits as such, an officer or em-
ployee of the agency from which assigned
and he shall continue to receive compensa-
tion, allowance, and benefits from funds
made available under this Act:
GENERAL POWERS
SEC. 305. (a) In order to carry out its
functions, the Foundation shall have the
following powers:
(1) to adopt, alter, and use a seal, which
shall be judicially noticed;
(2) to adopt, amend, and repeal bylaws,
rules, and regulations governing the pur-
poses, functions, and powers granted to or
imposed upon it by law;
- (3) to sue and be sued in its name;
(4) to acquire (including acquiring by
gift, devise, bequest, grant, or otherwise),
hold, use, or dispose of, upon such terms
and conditions as the Foundation determine,
any property, real, personal, or mixed, tan-
gible or intangible (including any instrument
evidencing indebtedness or ownership) or
any interest therein, whether within the
United States or without (including real
property within the District of Columbia);
(5) to receive services of any kind by gift
or otherwise;
(6) to issue letters of credit and letters of
commitment; one fiscal year pursuant to travel orders
(7) to make advances, and to make, amend, issued in that fiscal year, notwithstanding
and carry out such contracts, grants, and the fact that such travel or transportation
other agreements, and enter into such other may not be completed during the same fiscal
transactions as assist the conduct of its busi- year, and cost of transporting automobiles
nese, with any person, corporation, oiganiza- to and from a place of storage, and the cost
tion, or other body of persons, any govern- of storing automobiles of such personnel
ment or agency of any government, within or when it is in the public interest or more eco-
without the United States, and with any in- nomical to authorize storage; and
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S 11838 CONGRESSIONAL RECORD ? SENATE
June 25 1973
AID MISSIONS AND OFFICES 000,000 for fiscal year 1975. None of the funds by the United States Government strider i
pr or
SEC. 503. The Foundation shall terminate, appropriated under this chapter shall be foreign assistance loan legislation, providing
as soon as practicable (but not later than made available for South Vietnam, Cambodia, for?
one year after the effective date of this Act), or Laos. (1) in the case of any least developed coun-
any znia.don or office of the Agency for Inter- AMBASSADORS' DISCRETIONARY FUND try, repayments on any such loan in the cur-
nationsl Development located in a .foreignncy of that country to the extent that ad-
SEC. 1105. Not to exceed $25,000,000 appro-
re
country. ''
priated under section 1104 of this Act are ditional amounts of that currency may be
INTER-AMERICAN FOUNDATION made available for small, self-help projects needed to meet expenses of the United States
Sec. 04. The President of the United
in developing countrics. Grants out of such Government in that country; and
5
States snail terminate all activities of the amount may be made, at the discretion of (2) in the case of any least 'developed
Inter-American Foundation not later than the Foundation, upon receipt of the written country, to make grants to that country of
one year after the effective date of this Act,
request of the United States Ambassador to any amounts so repaid for purposes (A) of
'
The President is authorized to transfer to a developing country, except that not more financing development projects of the type
the United States Foundation established than $500,000 shall be made available under authorized under section 1101 of this Act
this section in any one country in any fiscal within that country, if that country agrees
under this Act, contracts, property. and rec-
ords of the Inter-American Pounce:stem he year. The provisions of section 1103(c) of this to pay at least 25 percent of the total costs
considers. appropriate to enable the Jnited '
ket shall apply with respect to any grant of such project, or (B) of financing costs
"
made under this section. within that country incurred with respect to
Statile Foundation to carry out its functions.
CHAPTER 13.--TRA/NING AND EDUCATION training under section 1301 of this Act, or
PART II?BILATERAL ECONOMIC with respect to educational and cultural ex-
ASSISTANCE SPECIALIZED AND TECHNICAL TRAINING changes with the United States.
SEC. 1301. (a) The Foundation is author- 11?TECHNICAL GRANT .A.SSIS".7ANCE To the maximum extent practicable, any
ized O to establish a program providing special- AUTHORITY agreement with a least developed country un-
ized and technical training (and not general
der this subsection shall be made in conjunc-
SEC. 1101. (a) The Foundation Is a ether- education for police or related training) tion with other countries receiving loan re-
ized to furnish grants, on such terms and which shall make available to foreign coun-
Conditions as it may determine, in order to tries, international organizations, and pri- payments from such least developed country
assist in improving living standards of the vete agencies, specialized and technical train- also agreeing to make similar arrangements
Most needy in the developing countries and lug from both public and private sources in for that country.
areas through programs of technical assist- the United States, including any agency of (b) The President is authorized to enter
anee and cooperation. years) with foreign countries providing
the United States Government,into agreements (effective for not more than
(b) Grants made under this chapter shall (b) The program to provide training under e
emphasize programs to improve education, this chapter shall be administered by the for?.
Control of population growth (as pro- Foundation in coordination with the Depart- (1) repayments from loans made under
vided In chapter 17 of this Act), and agri- ment of State and other agencies of the prior foreign assistance loan legislation to be
culture in the least developed countries. contributed to any multilateral development
united States Government sponsoring train- bank composed of representatives of at least
CRITERIA tug in the United States for foreign students.
6 countries DT other multilateral development
Sze. 11D2. (a) In providing grant assist-
(c) No training shall be provided under organization. (including the United Nations
*nee under this chapter and chapter 17 of Development Program); and
(1) the foreign country, international
this Act, the Foundation shall? (2) contributions from such countries to
(1) to the maximum extent feasible, pro- organization, or private agency agrees to pay, any such bank or organization so that the
and the Foundation is satisfied that the
vide such assistance through contracts en- total amount of all United States oontribu-
tared into by the Foundation with special- country, organization, or agency will pay at tions to that bank or organization will at no
ized agencies of the United Nations, regional least 25 percent of the cost of the training time exceed 25 percent of all contributions so
development groups, private voluntary agon-
., and related expenses; and made.
cies, educational institutions, and intlivid- (2) any individual receiving such training Amounts contributed by any country to the
uals; agrees to return to his country, international united Nations Development program in ac-
(2) have technical personnel of other organization, or private agency, as the case cordance with an agreement entered into
agencies of the United States Government may be, for at least the period of time he has under this subsection shall not be Included
available ohly if technical personnel not em- spent in the United States receiving such ' in any computation made with respect to
ployed by the United States Government are training. section 2102(b) of this Act.
not available; and (d) There are authorized to be made avail- (c) Agreements shall be entered into under
(3) erilploy and have made available, with- able to the Foundation, to carry out this this section only with respect to :smounts
In and outside the United States, the mini- section, $50,000,000 in dollar receipts received of such repayments which exceed smounts
mum number of United States Government during each of the fiscal years 1974 and 1975 provided for in sections 1301 and 1303 of this
personnel necessary to carry out such chap- as repayments on loans made under prior Act.
ters, foreign assistance loan legislation. - CONGRESSIONAL DISAPPROVAL OF AGREEMENTS
(b) Any contract entered into with f 6 pri- STUDY ON EDUCATIONAL AND CULTURAL
vete voluntary agency (other than educe- SEC. 1502. (a) The President shall submit
'Menai insititutione) shall provide, to the ex- EXCHANGES to Congress each agreement entered into
tent practicable, for the sharing of costs in Sec. 1302. The United States Advisory Com- under section 1501 of this Act. Each such
providing any such grant assistance, mission on International Education and agreement shall be delivered to both Houses
Cultural Affairs shall make a complete study on the same day and to each House while it
rouse-sr COUNTRY RESPONSIBILTIIES with respect to the feasibility of transfer- is in session. Not more than one such agree-
Sue, 1101. (a) Developing countries teem- ring all functions relating to civilian educe- merit shall be submitted to Congress in any
selves have the responsibility for determining tional and cultural exchanges of the United calendar wee.
their development priorities requiring assist- States Government to the Foundation. The (b) (1) The President may carry out such
ance from sources outside their bolders. Commission shall submit to the President agreement effective at the end of the first
Grant assiatant shall be provided to a foeeign and the Congress a report on its study, to- period of 60 calendar days of continuous
country or an area under this chapter and gether with recommendations it considers session of Congress after the date on which
chapter 17 of this Act only if that country or appropriate, not later than April 30, 1974. the agreeme:nt is submitted to it, unless,
the counties within that area initiate a re- eeneucers SCHOOLS AND HOSPITALS ABROAD between the date of submittal and the end
quest for such assistance.
(a) There are authorized to be made avail- of the 60-day period Congress passes a con-
(b) No such assistance shall be provided able t the Secretarycurrent resolation stating in substance that
until the Foundation assures itself that any o e of State, to carry out
thethe House does not favor the agreement.
provisions of section 102(b) (3) of the
country requesting the assistance has sought Mutual Educational(2) For the purpose of paragraph (1) of
and Cultural Exchange
such assistance from multilateral organize-this subsection?
Act of 1961, $10,000,000 in dollar receipts re-
tions and eo such organization is able to pro-
vide the as cistance requested ceived during each of the fiscal years 1974 (A) continuity of session is broken only
(c) No such assistance shall be presided and 1975 as repayments on loans made under by an adjournment of Congress sine die: and
any country until the country providee as- prior foreign assistance loan legislation. Not (B) the da .ys on which either House Is not
in session because of an adjournment of
euraiaces to the Foundation, and the Fou.ada- to exceed 15 percent of the amount made
more than 3 days to a day certain are ex-
tion Is satisfied, that such country will pro- available under this section each fiscal year
vide at least 25 percent of the cost of the shall be used for schools and hospital cen- - eluded in the computation of the . 60-day
period.
entire project, program, or activity with re- tors located in one country.
spect to which the assistance is requested. CHAPTER 15?LTSE OF 11EPAYNIENTS ON LOANS (c) For purposes of this subsection and
subsections (41)-(i) of this section, sresolu-
AUTHORIZATION OF APPROPRIATIONS REPAYMENT AGREEMENTS tion" means s. concurrent resolution of Con-
SEC. 1104. There are unauthorized to las ap- SEC. 1501. (a) The President is authorized gross, the matter after the resolving clause
propriated to the Foundation, to carry out to enter into agreements (effective for not of which is as follows: "That the Congress
the provisions of this chapter, not to exceed more than 2 years) with any foreign country does not approve the agreement submitted to
$100,000,000 for the fiscal year 1974 and $1.80,- owing amounts remaining due on loans made Congress, under section 1502 of the Interns-
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June 25 _1973 Approved Fc 170054-3 S11839
tional Development Act, by the President on
, 19 :", with the blank spaces
being appropriately filled; but does not in-
clude a resolution which specified more than
one such agreement.
(Cl) A resolution with respect to an agree-
ment shall be referred to a committee (and
all resolutions with respect to the same
agreement shall be referred to the same corn-
rnittee) by the President of the Senate or
the Speaker of the House of Representatives,
as the case may be.
(e) (1) If the committee to which a resolu-
tion with respect to an agreement has been
referred has not reported it at the end of
20 calendar days after its introduction, it is
in order to move either to discharge the
committee from further consideration of the
resolution or to discharge the committee
from further consideration of any other
resolution with respect to the agreement
which has been referred to the committee.
(2) A motion to discharge may be made
only by an individual favoring the resolu-
tion, is highly privileged (except that it may
not be made after the committee has reported
a resolution with respect to the same reorga-
nization plan), and debate thereon shall be
limited to not more than one hour, to be
divided equally between those favoring and
those opposing the resolution. An amend-
ment to the motion is not in order, and it is
not in order to move to reconsider the vote
by which the motion is agreed to or disagreed
to.
(3) If the motion to discharge is agreed to
or disagreed to, the motion may not be re-
newed, nor may another motion to discharge
the committee be made with respect to any
other resolution with respect to the same
agreement.
(f) (1) When the committee has reported,
or has been discharged from further con-
sideration of, a resolution wail respect to
an agreement, it is at any time thereafter
in order (even though a previous motion
to the same effect has been disagreed to) to
move to proceed to the consideration of the
resolution. The motion is highly Privileged
and is not debatable. An amendment to the
motion is not in order, and it is not in order
.to move to reconsider the vote by which the
motion is agreed to or disagreed to.
(2) Debate on the resolution shall be lim-
ited to not more than 10 hours, which shall
be divided equally between those favoring
and those opposing the resolution. A motion
further to limit debate is not debatable. An
amendment to, or motion to recommit, the
resOlution Is not in order, and it is not in
order to move to reconsider the vote by
which the resolution is agreed to or disagreed
to.
(g) (1) Motions to postpone, made with
respect to the discharge from committee,
or the consideration of a resolution with re-
spect to an agreement, and motions to pro-
ceed to the consideration Of other business,
shall be decided without debate.
(2) Appeals from the decisions of the
Chair relating to the application of the rules
of the Senate or the House of Representa-
tives, as the case may be, to the procedure
relating to a resolution with respect to an
agreement shall be decided without debate.
(h) If, prior to the passage by a first House
of Congress of any such resolution, such
House receives from the second House such
a resolution, then the following procedure
applies:
(1) The resolution received from the sec-
ond House shall be reported to the first
House not later than 3 days after being
received.
(2) On any vote on final passage of such
resolution, that resolution of the second
House shall be automatically substituted for
the resolution of the first House.
(i) Subsection (c)-(h) of this section are
enacted by Congress?
(1) as an exercise of the rulemaking power
of the Senate and the House of Representa-
tives, respectively, and as such they are
deemed a part of the rules of each House,
respectively, but applicable only with respect
to the procedure to be followed in that House
in the case of resolutions described by sub-
section (c) of this section; and they super-
sede other rules only to the extent that they
are inconsistent therewith; and
(2) with full recognition of the constitu-
tional right of either House to change the
rules (so far as relating to the procedure
of that House) at any time, in the same
manner and to the same extent as in the
case of any other rule of that House.
FUNDING
SEC. 1503. (a) Currencies of least developed
countries received as the result of agreements
entered into under section 1501(a) (1) of this
Act are authorized to be made available to
the President during fiscal years 1974 and
1976 to carry out such agreements.
(b) Of amounts received as repayments on
loans made under prior foreign assistance
loan legislation?
(1) $100,000,000 in dollar receipts are au-
thorized to be made available to the Presi-
dent, during each of the fiscal years 1974 and
1975, to make grants under agreements en-
tered into under section 1501(a) (2) of this
Act, and which thereafter become effective;
and
(2) $100,000,000 in dollar receipts are au-
thorized to be made available to the Presi-
dent, during each of the fiscal years 1974
and 1975, to make contributions under agree-
ments entered into under section 1501(b) of
this Act, and which thereafter become
effective.
CHAPTER 17?00NTROL OF POPULATION GROWTH
GENERAL AUTHORITY
SEC. 1701. (a) The Foundation is authorized
to provide assistance for programs relating
to population growth in foreign countries
and areas, on such terms and conditions
as it shall determine, to foreign governments,
the United Nations, its specialized agencies,
and other international organizations and
programs, United States and foreign non-
profit organizations, universities, hospitals,
accredited health institutions, and voluntary
health or other qualified organizations.
(b) In carrying out programs under this
section, the Foundation shall establish rea-
sonable procedures to insure, whenever
family planning assistance from the United
States Government is involved, that no in-
d'vidual is coerced to practice methods of
family planning inconsistent with his or her
moral, philosophical, or religious beliefs.
FUNDING
SEC. 1702. Of all funds provided to carry
out this Act, not less than $150,000,000 shall
be made available in fiscal year 1974 and
$175,000,000 in fiscal year 1975 only to carry
out this chapter.
CHAPTER 19-11EmEr AND REHABILITATION
ASSISTANCE FOR SOUTH VIETNAM, LAOS AND
CAMBODIA
STATEMENT OF PURPOSE
Snc. 1901. It is the purpose of this chap-
ter?
(1) to authorize the furnishing of human-
itarian relief assistance in South Vietnam,
Cambodia, and Laos, with priority to be
given to refugee relief, health needs, child
care, and aid to war victims;
(2) to assist the people of South Vietnam
Laos, and Cambodia to return to a normal
peacetime existence in conformity with the
Agreement on Ending the War and Restoring
Peace in Vietnam, signed January 27, 1973,
and the cease-fire agreement for Laos, and
any cease-fire agreeemnt that may be enter-
ed into with respect to Cambodia; and
(3) to encourage the formation of a multi-
lateral effort, joined in by many countries,
to assist in the reconstruction and devel-
opment of these 3 countries.
AIPFHORIZATION OF APPROPRIATIONS
SEC. 1902. (a) To carry out the purposes
of this chapter, there are authorized to be
appropriated to the President for fiscal year
1974, for assistance to South Vietnam, not to
exceed $175,000,000, of which (1) not less
than $50,000,000 shall be for projects or pro-
grams administered through multilateral or-
ganizations and nonprofit voluntary agencies,
and (2) not less than $30,000,000 shall be
reserved for contributions to a multilateral
consortium formed for the purpose of pro-
moting long-term reconstruction and de-
velopment in South Vietnam.
(b) To carry out the purposes of this chap-
ter, there are authorized to be appropriated
to the President for fiscal year 1974, for as-
sistance to Cambodia, not to exceed $35,000,-
000, of which (1) not less than $7,000,000
shall be for assistance to refugees to be ad-
ministered through international organiza-
tions and nonprofit voluntary agencies, and
(2) not less than $6,000,000 shall be re-
served for contributions to a multilateral
consortium formed for the purpose of pro-
moting long-term reconstruction and de-
velopment in Cambodia.
(c) To carry out the purposes of this
chapter, there are authorized to be appro-
priated to the President for fiscal year 1974,
for assistance to Laos, not to exceed $30,000,-
000, of which (1) not less than $8,000,000
shall be for projects or programs elminister-
ed by international organizations or non-
profit voluntary agencies, and (2) not less
than $4,000,000 shall be reserved for con-
tributions to a multilateral consortium
formed for the purpose of promoting long-
term reconstruction and development in Laos.
PART III?MULTILATERAL ASSISTANCE
CHAPTER 21?UNITED NATIONS
AUTHORITY TO CONTRIBUTE
SEC. 2101. (a) The Foundation is author-
ized to make voluntary contributions to
United Nations and its agencies (other than
for the United Nations Development Pro-
gram) on such terms and conditions as it
considers appropriate.
(b) There are authorized to be appropri-
ated to the Foundation, to carry out this sec-
tion, $49,000,000 for each of the fiscal years
1974 and 1975.
UNITED NATIONS DEVELOPMENT PROGRAM
SEC. 2102. (a) The Foundation is author-
ized to make voluntary contributions on a
grant basis to the United Nations Develop-
ment Program, on such terms and conditions
as the Foundation considers appropriate.
(b) Contributions to the Program May not
exceed?
(1) for calendar year 1974, 40 percent;
(2) for calendar year 1975, 35 percent;
(3) for calendar year 1976, 30 percent; and
(4) for each of the calendar years follow-
ing 1976, 25 percent;
of the total amount contributed to the Pro-
gram (including assessed and audited local
costs) for each such year.
(c) There are authorized to be appropri-
ated to the Foundation, to carry out this sec-
tion, not to exceed $90,000,000 for fiscal year
1974 and $115,000,000 for fiscal year 1975.
INDUS BASIN DEVELOPMENT
SEC. 2103. (a) There are authorized to be
appropriated to the Foundation for grants
for Indus Basin Development, in addition to
any other funds available for such Develop-
ment, not to exceed $15,000,000 for each of
the fiscal years 1974 and 1975. Such amounts
are authorized to remain available until ex-
pended.
(b) There are authorized to be appropri-
ated to the Foundation for loans for Indus
Basin Development, in addition to any other
funds available for such Development, $51,-
220,000 less the aggregate of appropriations
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S 11840 CONGRESSIONAL. RECORD ? SENATE June 25, 1973
made under section 302(b) (1) of the Foreign
Assistance Act of 1961.
CHAPTER 23?MULTILATERAL DEVELOPMENT
BANNS
LOAN Al7THORITY
SEC. 2301. (a) The Foundation is author-
ized to enter into agreements to make loans,
without requiring the payment of inte,est,
to multilateral development banks composed
of representatives of at least 6 countries for
the purpose of making grants and loan in-
terest loans, to developing countries?
(1) if other countries agree to make loans
to the banks not requiring the payment of
Interest;
(2) If the amount the Foundation agrees
to lend does not exceed 25 percent of the
total amount agreed to be lent from all other
sources; and
(3) prov ding that , the agreement of the
Foundation is not disapproved by Congress.
(b) Of amounts received as repayments on
loans made under prior foreign assistance
loan legislation, not to exceed $75,00C,000
in dollar receipts are authorized to be made
available t a the Foundation, during fiscal
year 1974 and $100,000,000 during fiscal sear
1975, to carry out this chapter.
CONGRESSIONAL DISAPPROVAL OF LOANS
SEC. 2302. (a) The Foundation shsal
eub-
mit to Congress each agreement entered in-
to under scction 2301 of this Act. Each such
agreement shall be delivered to both Homes
on the same day and to each House while
it is in seision. Not more than one such
agreement shall be submitted to Congress
In any calendar week.
(b) (1) The Foundation may carry out
such agreement effective at the end of the
first period of 60 calendar days of continuous
session of Congress after the date on which
the agreement is submitted to it, unless be-
tween the date of submittal and the end of
the 60-day period Congress passes a con-
current resolution stating in substance that
that House does not favor the agreement.
(2) For the purpose of paragraph (11 of
this subseceion?
(A) continuity of session is broken only
by an adjournment of Congress sine die; and
(B) the days on whicb. either House is not
in session because of an adjournment of
more than 3 days to a day certain are ex-
cluded in the computation of the 60-day
period.
(c) For, purposes of, this subsection and
subsection (d) of this section, "resolut; on"
means a concurrent resolution of Congress
submitted under this section, the matter
after the resolving Clause of which is as
follows: "That the Congress does not ap-
prove the loan agreement submitted to Con-
gress, under section 2862 of the Internat ton-
al Development Act, by the United States
Foundation for International Development
on , 19?.", with the blank spices
being appr spriately filled; but does not in..
elude a resolution which specified more than
one such agreement.
(d) The provisions of section 1502(d).-(i)
of this Act apply with respect to any resolu-
tion submitted under this section.
PART IV-13UMANITARIAN ASSISTANCE
CHAPTER 31?DISASTER AND REFUGEE RE LIEF
AUTHORITY TO PROVIDE RELIEF GRANTS
SEC. 3101. (a) The Foundation is au-
thorized to furnish grant assistance, outside
the United States, its territories, and posses-
sions, on such terms and conditions as it
may consider appropriate?
(1). for famine and disaster relief and
refugee ani migration assistance:
(2), for reconstruction or rehahilitaelon
assistance for victims of famine and disas-
ters; and
(3) for aid in the preparation for, or pre-
vention of, the effects of imminent threat-
ened famine or disasters.
Assistance under clauses (1) and (2) of this
subsection shall be furnished no later than
one year after the disaster or famine has
ended.
(b) Assistance made available under this
chapter shall be provided, to the maximum
extent practicable, under the auspices of
and by international organizations and the
relief agencies or United States voluntary
agencies.
SUPPORT OF VOLUNTARY ASSISTANCE
SEC. 3102. The Foundation is authorized to
pay transportation charges from United
States ports, or in the case of excess or sur-
plus property supplied by the United States
Government, from foreign ports, on ship-
ments by the American Red Cross and United
States voluntary agencies. Where prac-
ticable, the Foundation shall make arrange-
ments with the receiving country for free
entry of such shipments and for the making
available by that country of local currencies
to defray the transportation cost of such
Shipments from the port of entry of the
receiving country or area to the designated
shipping point of the consignee.
AUTHORIZATION OF APPROPRIATIONS
SEC. 3103. There are authorized to be ap-
propriated to the Foundation, to carry out
this chapter, not to exceed $25,000,000 for
each of the fiscal years 1974 and 1975.
PART V?INTERNATIONAL NARCOTICS
CONTROL
CHAPTER 41?NARCOTICS CONTROL PROGRAM
AGREEMENTS ON CONTROLLING NARCOTICS
SEC. 4101. It is the sense of the Congress
that effective international cooperation is
necessary to put an end to the illicit pro-
duction, smuggling, trafficking in, and abuse
of dangerous drugs. In order to promote such
cooperation, the Secretary of State, under
the direction of the President, is authorized
to conclude agreements with other countries
to facilitate control of the production, proc-
essing, transportation, and distribution of
narcotic analgesics, including opium and its
derivatives, other narcotic drugs and psycho-
tropics, and other controlled' substances as
defined in the Comprehensive Drug Abuse
Prevention and Control Act of 1970. Not-
withstanding any other provision of law, the
Secretary of State is authorized to furnish
assistance to many country or international
organization, on such terms and conditions
as he may determine, for the control of the
production of, or processiag of, smuggling of,
and traffic in necrotic and psychotropic
drugs. The Secretary of State shall suspend
assistance (including sales, credit sales, and
guaranties) furnished under this or any other
Act, and under title I of the Agricultural
Trade Development and Assistance Act of
1954, with respect to any country when the
Secretary of State determines that the gov-
ernment of such country has failed to take
adequate Steps to prevent narcotic drugs and
other controlled substances (as defined by
the Comprehensive Drug Abuse Prevention
and Control Act of 1970) produced or proc-
essed, in whole or in part, in such country,
or transported through such country, from
being sold illegally within th jurisdiction of
such country to United States Government
personnel or their dependents, or from enter-
ing the United States unlawfully. Such stus-
pension shall continue until the Secretary
of State determines that the government of
such country has taken adequate steps to
carry out the purposes of this chapter.
AUTHORIZATION OF APPROPRIATIONS
Sze. 4102. There are authorized to be ap-
propriated to the Secretary of State, to car-
ry out this chapter, not to exceed $25,000,000
for fiscal year 1974. Ally amount appropriated
under this section is authorized to remain
available until expended.
PART VI?GENERAL LIMITATIONS AND
MISCELLANEOUS PROVISIONS
CHAPTER 51?GENERAL LIMITATIONS
USE OF UNITED STATES ARIVIED FORCES
SEC. 5101. The furnishing of any assistance
under this Act shall not be construed as
creating a new commitment or as affecting
any existing commitment to use Armed
Forces of the United States for the defense
of any foreign country.
FAILURE TO PROVIDE REQUESTED INFORMATION
SEC. 5102. (a) None of the funds made
available pursuant to the provisions of this
Act shall be used to carry out any project or
activity after the expiration of the 35-day
period which begins on the date the General
Accounting Office or any committee of the
Congress charged with considering legisla-
tion, appropriations, or expenditures under
this Act has delivered to the office- of the
head of any agency of the United States Gov-
ernment carrying out such provision a writ-
ten request that it be furnished any docu-
ment, paper, communication, audit, review.
Sliding, recommendation, report, or other
material in its custody or control relating
to the administration of such provision in
such country or with respect to such project
or activity, unless and Until there has been
furnished to she General Accounting Office,
or to such committee, as the case may be,
the document, paper, communication, audit,
review, finding, recommendation, report, or
other material so requested.
(b) The Provisions of subsection (a) of
this section shall not apply to any com-
munication that is directed by the Presi-
dent to a parteular officer or employee of any
such agency or to any communication that
is directed by any such officer or employee to
the President.
PROCUREMENT
SEC. 5103. (a) Funds made available under
this Act may be used for procurement out-
side the United States only if the President
determines that such procurement will not
result in adverse effects upon the economy of
the United States or the industrial mobiliza-
tion base, with special reference to any areas
of labor surplus or to the net position of
the United States in its balance Of pay-
ments with the rest of the world, which out-
weigh the economic or other advantages to
the United States of less costly procurement
outside the United States. and only if the
price of any commodity procured in bulk is
lower than the market price prevailing in the
United States at the time of procurement, ad-
justed for differences in the cost of, trans-
portation to destination, quality, and terms
of payment.
(b) No funds made available under this
Act shall be used for the purchase in bulk
of any commodities at prices higher than the
market price prevailing in the United States
at the time of purchase, adjusted for dif-
ferences in the cost of transportation to
destination, quality, and terms of payment.
(c) In providing for the procurement of
any agricultural commodity or product
thereof available for disposition under the
Agricultural Trade Development and As-
sistance Act of 1954, for transfer by grant
under this Act to any recipient country in
accordance with its requirements, the Presi-
dent shall, insofar as practicable and when
in furtherance of the purposes of this Act,
authorize the procurement of such agricul-
tural commodity only within the United
States except to the extent that such agri-
cultural commodity is not avallale in the
United States in sufficient quantities to sup-
ply emergency requirements of recipients
under this Act.
(d) In providing assistance in the procure-
ment of commodities in the United 'States,
the United States dollars shall be made
available for marine insurance on such cant-
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Approved Fc 170054-3
modities ,where such insurance is placed
on a competitive basis in accordance with
normal trade practice prevailing prior to
the outbreak of World War II, except that
In the event a participating country by stat-
utes, decree, rule, or 'regulation, discrimi-
nates against any marine insurance com-
pany authorized to do business in any State
of the United States, then commodities pur-
chased with funds provided hereunder and
destined for such country shall be insured
in the "United States against marine risk
with a company or companies authorized
to do a marine insurance business in any
State of the United States.
(e) No funds made available under this
Act shall be used for the procurment of any
agricultural commodity' or prodttct thereof
outside the United States when the domestic
price of such commodity is less than parity.
(f) The President shall take all appro-
priate steps to assure that, to the maximum
extent possible, United States-owned foreign
currencies are utilized in lieu of dollars. Dol-
lar funds made available under this Act shall
not be expended for goods and services when
United States-owned foreign currencies are
available for such purposes unless the ad-
ministrative official approving the voucher
certifies as to the reason for the use of dollars
in each case. The President shall also take
all appropriate steps to assure that, to the
maximum extent possible, countries receiv-
ing assistance under this Act contribute
local currencies to meet the cost of contract-
tual and other services rendered in conjunc-
tion with such assistance.
SMALL BUSINESS
Six. 5104. Insofar as practicable and to the
maximum extent consistent with the accom-
plishment of the purposes of this Act, Amer-
ican small business shall be assisted in par-
ticipating equitably in the furnishing of
commodities, articles, and services financed
with funds made available under this Act?
(1) by causing to be Made available to
suppliers in the United States, and particu-
larly to small independent enterprises, infor-
mation, as far in advance as possible, with
respect to purchases proposed to be financed
with such funds;
(2) by causing to be made available to
prospective purchasers in the countries and
areas receiving assistance under this Act in-
formation as to such commodities, articles,
and services produced by small independent
enterprises in the United States; and
(3) by providing for additional serviCes to
give small business better opportunities to
participate in the furnishing of such com-
modities, articles, and services financed with
such funds.
SHIPPING ON UNITED STATES VESSELS
SEC. 5105. The ocean transportation be-
tween foreign countries of commodities and
defense articles purchased with foreign cur-
rencies made available or derived from funds
made available under this Act or the Agri-
cultural Trade Development and Assistance
Act of 1954 shall not be governed by the pro-
visions of section 901(b) of the Merchant /Via-
rine Act of 1936 or any other law relating to
the ocean transportation of commodities on
United States-flag vessels.
TERMINATION OF, ASSISTANCE
SEC. 510'6. Assistance furnished under any
provision of this Act may, unless sooner ter-
minated by the President or the head of the
agency of the United States Government re-
sponsible for carrying out such provision, be
terminated by concurrent resolution of
Congress.
CHAPTER 53?MISCELLANEOUS PROVISIONS
HOUSING GUARANTIES
SEC. 5301. Title III of chapter 2 of part I
of the Foreign Assistance Act of 1961 is
amended as follows:
(1) In section 221, strike out "President"
and insert in lieu thereof "Overseas Private
Investment Corporation established under
title IV of this chapter (hereafter referred
to in this title as the 'Corporation')".
(2) In section 222?
(A) in subsection (a), strike out "Presi-
dent" and insert in lieu thereof "Corpora-
tion"; and
(B) in subsection (b), strike out "Presi-
dent" and "he" and insert in lieu thereof
"Corporation" and "it", respectively.
(3) In section 223?
(A) in subsections (a) and (e) , strike out
the word "President" wherever it appears
and insert in lieu thereof "Corporation";
(B) in subsection (f), strike out "agency
primarily responsible for administering part
I" and "agency" and insert in lieu thereof
"Corporation" each time; and
(C) in subsection (i), strike out "June 30,
1974" and insert in lieu thereof "June 30,
1975".
PRIOR FOREIGN ASSISTANCE LOAN LEGISLATION
BALANCES
SEC. 5302. Any repayments on loans made
under prior foreign assistance loan legisla-
tion, which are not needed to carry out sec-
tions 1301 and 1303 and chapters 15 and 23
of this Act, shall be covered into the Treasury
as miscellaneous receipts.
AMENDMENTS AND REPEALS
SEC. 5303. (a) Title IV of chapter 2 of part
I of the Foreign Assistance Act of 1961 is
amended as follows:
(1) In section 231(j), strike out "agency
primarily responsible for administering part
I" and insert in lieu thereof "United States
Foundation for International Development".
(2) In section 233(b)?
(A) strike out "including the Chairman,";
(B) strike out the second sentence; and
(C) insert at the end of the first full para-
graph the following sentence: "The Board
shall elect one of its Directors (other than
the President) to serve as Chairman of the
Board.".
(3) In section 234(e), strike out "under
the authority of section 632(a)" and insert
in lieu thereof "from other agencies of the
United States Government".
(4) In section 235?
(A) in subsection (a) (4), strike out "June
30, 1974" and insert in lieu thereof "June
30, 1976"; and
(B) in subsection (c), strike out "section
234 (e)" and insert in lieu thereof "section
235 (e ) ".
(5) Subsection (e) of section 239 is
amended to read as follows:
"(e) The Board shall provide for adequate
internal financial control, including internal
auditing."
(6) Strike out subsection (d) of section
210.
(b) Section 103(b) of the Agricultural
Trade Development and Assistance Act of
1954 is amended by striking out "1961, as
amended," and inserting in lieu thereof "1961
(as such section existed prior to its repeal
by the International Development Act),".
(c) Section 5108(c) of title 5, United States
Code, is amended?
(1) by striking out "and" at the end of
the third subparagraph (10);
(2) by striking out the period at the end
of the subparagraph (11) and inserting in
lieu thereof a semicolon and the word "and";
and
(3) by adding at the end thereof the fol-
lowing:
"(12) the United States Foundation for
International Development, without regard
to this chapter (except section 5114), may
place a total of 15 positions in the Founda-
tion in GS-16, 08-17, and 08-18."
(d) (1) Section 5318(3) of title 5, United
States Code, is amended to read as follows:
S 11841
"(3) President, United States Foundation
for International Development."
(2) Section 5314(15) of such title is
amended to read as follows:
"(15) First Vice President, United Statea
Foundation for International Development."
(3) Section 5315 of such title is amended?
(A) by striking out item 5 and inserting
in lieu thereof the following:
"(5) Second Vice Presidents, United States
Foundation for International Development
(4) ."; and
(B) by striking out items 6, 52, and 53.
(4) Section 5316 (78) and (128) of such
title are repealed.
(e) Part IV of the Foreign Assistance Act
of 1969 is repealed.
(f) Section 101 of the Government Corpo-
ration Control Act is amended oy inserting
immediately after "Overseas Private Invest-
ment Corporation;" the following: "United
States Foundation for International Devel-
opment; ".
(g) The following provisions of law are re-
pealed:
(1) sections 2(c) and 7 of the Migration
and Refugee Assistance Act of 1972;
(2) part I of the Foreign Assistance Act of
1961 (other than titles III, and IV of chap-
ter 2); and
(3) sections 601-633, 635-641, 643, 645-
649, 651-653, and 658 of the Foreign Assist-
ance Act of 1961.
(h) References in law to the Acts, or pro-
visions of such Acts, repealed by subsection
(a) of this section shall thereafter be deemed
to be references to this Act or appropriate
provisions of this Act.
(i) The repeal of Acts listed in this sec-
tion shall not be deemed to affect amend-
ments contained in such Acts to Acts not
named in that subsection.
SAVINGS PROVISIONS
SEC. 5304. (a) Except as may be expressly
provided to the contrary in this Act, all de-
terminations, authorizations, regulations,
orders, contracts, agreements, and other ac-
tions issued, undertaken, or entered into
under authority of any provision of law re-
pealed by section 5303 of this Act shall con-
tinue in full force and effect until modified
by appropriate authority.
(b) Wherever provisions of this Act estab-
lish conditions which must be compiled with
before use may be made of authority con-
tained in, or funds authorized by, this Act,
compliance with, or satisfaction of, substan-
tially similar conditions under Acts listed in
section 5303 of this Act or Acts repealed by
those Acts shall be deemed to constitute
compliance with the conditions established
by this Act.
(c) Funds made available under provisions
of law repealed by section 5303 of this Act
shall, unless otherwise authorized or pro-
vided by law, remain available for their origi-
nal purposes in accordance with the provi-
sion of law originally applicable thereto, or
in accordance with the provisions of law
currently applicable to those purposes.
STATUTORY CONSTRUCT/ON
SEC. 5305. (a) If any provision of this Act,
or the application of any provision to any
circumstances or persons shall be held in-
valid, the validity of the remainder of this
Act, and the applicability of such provision
to other circumstances or persons shall not
be affected thereby.
(b) No provision of this Act shall be con-
strued as modifying in any way the provi-
sions of the Atomic Energy Act of 1954.
EFFECTIVE DATES
SEC. 5306. (a) Except as provided in sub-
section (b) of this section, this Act is effec-
tive July 1, 1973.
(b) Section 5303(e) of this Act is effective
July 1, 1974.
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tieV
TRANSITIONAL PROVISION
SEC. 5307. Notwithstanding any other pro-
vision of this Act, the Agency_ for Interna-
tional Deeelopment shall continue to exist
and carry out the provisions of the Act to be
adraMisteeeti by the Foundation, and any
functions the President of the United Etates
may delegate to the Agency, until such time
as the Board of the Foundation bolds Itr first
meeting, In no event, however, shal: the
Agency continue to exist and exercse au-
thority under this section after December
31, 1973,
SUMMARY OF THE MAJOR PROVISIONS OF THE
INTERNATIONAL DEVELOPMENT A.c?
I. BTLA,TERAL ECONOMIC ASSIBTANFE
1. The Agency for International Develop-
ment would be abolished. It will be rep aced
by a United States Foundation for Interna-
tional Development which will be cora/ oiled
by a nine member board of directors_
2. All A.I.D. missions in foreign countries
would be phased out over a period of one
year. Specific authorization would be re-
quired to establish foreign offices of the
Foundation.
3. Bilateral assistance to foreign countries
would be eoncentrated on providing techni-
cal assistance to the poorest countrie3 for
projeets in the fields of education, health,
population control, and agriculture?azeas
which directly affect human welfare. A total
of $200,000,000 would be authorized for FY
1974 including use of loan repayments.
4. Foreign countries would be required to
pay at lout 25% of the oasts of all technical
assistance projects to insure that they have
a vested interest in their success.
5. The bilateral development loan program
would be terminated.
6. Foundation personnel, here and abroad,
would be kept to a minimum and projects
would be carried out to the maximum extent
possible on a contract basis through private
institutions.
7. Small projects administered by the local
U.S. ambassador would be encouraged. ,
8. $50,000,000 would be authorized for spe-
cialized and technical training of foreigners
in FY 1974, financed out of loan repayments_
USE OF REPAYMENTS ON LOANS
1. The President would be authorized to
enter into two-year agreements, which could
he rejected by Congress, to use repayments
on prior foreign assistance loans. An esti-
mated $323,000,000 will be available from
loan repayments in FY 1974 increasing to
$488,000,000 in FY 1978. Agreements could be
entered into for the following purposes:
a. For meeting U.S. expenses within the
country;
b. As development grants to least-developed
countries in conjunction with similar debt
assisting arrangements by other creditor na-
tions?up to $100,000,000 a year authorized
for FY 1974 and FY 1975;
c. For contributions to multilateral devel-
opment organizations along with similar con-
tributions by other c,ountrles, up to a maxi-
mum of 25 percent of all such voluntary
contributions ($100,000,000 authorized for
FY 1974); and
d. For interest-free loans to Multilateral
development banks limited to 25 percent of
the amount lent from all sources ($75,000,000
authorized for FY 1974).
1KULTILATERAL A.EISLITANC
1. The Foundation would have policy re-
sponsibility for U.S. multilateral assistance
programs as well as bilateral programs, in-
cluding contributions to United Nations'
programs and the international development
banks.
IV. EcONomiC ASSISTANCE TO sauTIE VIETNAM,
LAOS, AND CAMBODIA
I. Bilateral economic aid to South '71etnam,
Laos, and Cambodia would be lirnited to
relief and reaabilitation assistance; no gen-
eral reconstruction program would be author-
ized at this time.
2. A total of $240,000,000 would be author-
ized for the three countries compared with
the $632,000,000 requested by the E,Eecutive
Branch.
3. Direct assistance through A.I.D. and
government channels would be minimized.
4. Specific amounts would be earmarked
for administration through interaational
channels and private institutions.
V. MISCELLANEOUS PROVISIONS!
1. A total of $150,000,00o from all programs
would be earmarked for populatioq. assist-
anee programs.
2. $25,000,000 would be authorized for dis-
aster and refugee assistance.
3. $25,000,000 would be authorized for the
international narcotics control program.
4, The housing guaranty program would be
transferred to the Overseas Private, Invest-
ment Corporation,
5. The functions of the Inter-American
Foundation would be transferred to :the new
Foundation.
?
COMPARATIVE DATA ON AUTHORIZATIONS IN THE INTERNATIONAL DEVELOPMENT All, THE EXECUTIVE BRANCH'S ECONOMIC AID PEQUEST FOR FaCAL YEAR 1974,
AND APPROPRIATIONS FOR FISCAL YEAR 1973
[In thousands)
Appropri-
ation
Fiscal year
1973
I. Bilateral cenornic assistance
1. Technical assistance grants
2. Training
3. American schools aal hospitals abroad _____ . _
4. Development loans
5. Population
6. Incochina
/
a) South Vietnam
b) Laos
?c) Cambodia
d) Regional programs
7. Ad einistrative exposes...as__ , _,
8. Baagladesh
Total bilateral assistance
$232, 009
2 (42, 260)
25, 500
597, 609
100,000
444, 700
(313, 000)
(45, 000)
(68, 000)
(18, 700)
54, 200
100, 000
1,554, 509
I Marna-
tional
Executive Develop-
Branch meat
request Act
Appropil-
alien
Fiscal year
197j
Executive
branch
request
Interna-
trona!
Develop-
moot
Act
$251, 750 I $200, D00
(5) 5 50, 000
10,000 3 111,000
645, 550
116,010 a (150,000)
632,0911 240,000
(475, 000) (175, 000)
(55, 000) (30,000
(75, ON) (35, OK)
(25, 900) (0)
58,200 (2)
(I)
II. Multilateral assistance:
1. U.N. Development Program ..
2. Voluntary contributions to other U.N. programs_
3. Indus Basin:
(a) Grants
(b) Loans
4. Additional contributions to multilateral ceve -
opment institutions
5. Loans to mullilateral development banks
Total multilateral assistance
$70, 617
34, 388
10,1.15;
12,1101
127,003
$90, 000
44, 800
05,000
2,200
152,000
$90. 000
49,000
15, 000
; 2,200
100, 000
? a 75.000
331, 200
Ill. Humanitarian assistance:
1. Disaster and refugee relief
IV. International narcotics control
021,003
42, 500
139,000
42, 500
25, 000
! 25, 000
1, 713, 500 530,000
Total all programs_ 1,
749, 003 1,
938, 000
881, 200
_
I Includes -$100,000,000 obtained from repayrients on prior loans under foreign assistance receipts from loan repayments are estimated at $323,000,000 in fiscal year 1974 and $168,000,000
in fiscal year 1975.
P r:irtniirtd train other programs 4 Total program including use of certain loan repayments.
3 Financed from repayments on prior loans under foreign assistance programs. Total dollar 1 Contingency fund.
FISCAL YEAR 1972 ECONOMIC AID PROGRAM
Coon try
Population
Overseas
operating Per capita
costs cost
,Africa:
Ethiopia__
Ghana.
Kenya
Liberia__
Morocco_
Nigeria__
Tanzania
Tunis .
Uganda__
Zaire
Asia:
Afghanistan
Bangladesh
India
Indonesia
Korea._
Nepal__
Pakistan
Philippines....
Sri Lanka
Turkey
25,200.0
11, 030. 0
10, 900. 0
1, 170. 0
a, 310. 0
61, 174.0
la 300.0
a 140. 0
Ii, 760.0
22, 480. 0
la 125.0
71, 000. 0
54;, 000. 0
121, 200. 0
31, 793. 0
11, 100.0
61, 000. 0
31, 493.0
11,514.0
31, 230.0
$1, 540. 0
850.6
870.0
1, 506. 5
1, 016. 7
4, 581, 5
607. 2
1,019.4
672.0
920.5
2, 625. 6
135.9
I, 599. 3
I, 751. 0
1, 545. 3
847. I
2, 729. 0
1, 915. 7
45-4
I, 068. 3
$0.06
.09
.08
1.29
.05
.07
.05
.20
.08
.04
.25
.002
.003
.01
.05
.08
.05
.05
.004
.03
Country Population
OveraDaS
operafing Per capita cost
costs
Latin America:
Argentina $24, 352. 0
Bolivia 4, 931. 0
Brazil 92, 237.6
Chile 9, 700.0
Colombia 21, 100. 0
Costa Rica 1, 800. 0
Dominican Republic 4,325. 0
Ecuador 6, 093. 0
El Salvador 3, 534.0
Guatemala 5, 189. 0
Guyana 763.0
Haiti 4, 867. 0
Honduras 2, 582. 0
Jamaica 2, 000. 0
Mexico 48, 313.0
Nicaragua I, 984. 0
Panama 1, 464. 0
Paraguay 2, 386.0
Peru 13, 586.0
Uruguay__ a a 2,800. 0
Venezuela 10, 400. 0
$304. 1
971.8
4, 044. 4
1, 013. 0
1, 926. 3
443. 1
1, 100. 0
1, 31:3. 6
590.0
1, 041. 0
663. 7
54. 5
1,491.1
161.2
91.8
1,10.1.6
1, 610. 2
997.4
1, 353.7
534.9
127. 9
1.01
. 20
.04
.10
.09
.
25
.26
.21
.17
.20
.87
.01
. 58
.09
.002
56
1. 10
.42
.10
. 19
.01
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wiNumssiONAL RECORD ?SENATE
Country
Fiscal
, year
1972 Overseas
economic operating Percent-
aid costs age
Africa:
Ethiopia $19, 425 $1, 540.0
Ghana 17,440 850.6
Kenya 2, 150 870. 0
Liberia 4,710 1, 506. 5
Morocco I, 605 1, 106. 7
Nigeria 24,830 4, 581. 5
Tanzania 1, 900 607.2
Tunisia 17, 200 1, 019. 4
Uganda 5,355 672.0
Zaire 1, 380 928.5 -
Asia;
' Afghanistan 26, 560 2, 625. 6 9.8
Bangladesh 135. 9
India 9,575 I, 599. 3 16.7
Indonesia 121, 140 1, 751. 0 1.4
Korea 25, 325 1, 545.3 6. 1
Nepal 2, 532 847. 1 33.4
Pakistan 62, 485 2, 729.0-4. 3
Philippines--. 29, 400 1, 915. 7 6.5
Sri Lanka 45. 4
Turkey 58, 945 I, 068.3 1.8
Latin America:
Argentina 304. 1
Bolixia 35, 573 972.8 2. 7
Brazil 9, 350 4, 044.4 43. 2
Chile 1, 022 1, 013.0 99. 1
Colombia 91, 530 1, 926.3 2. 1
Costa Rica I, 655 448. 1 27. I
Dominican Republic 6,815 1, 106. 0 16.2
Ecuador 4, 596 1, 313.6 28.3
El Salvador 8, 958 590. 0 6. 6
Guatemala 13, 400 1, 041. 0 7.7
ROCAP (Guatemala) 13, 090 1, 262. 1 9. 7
Guyana 12, 500 665.7 5. 3
Haiti 2, 960 54.5 1.8
Honduras 5, 325 1,497. 5 28. I
Jamaica I, 218 161. 2 13.2
Mexico 97. 8
Nicaragua 11,660 1, 104. 6 9.4
Panama 15, 825 1, 610. 2 10. 1
Paraguay 6, 681 997.4 14. 9
Peru 24-, 062 1, 353. 7 5. 6
Uruguay 1, 355 534.9 39. 5
Venezuela 850 127.9 15.0
7.9
4.9
40. 5
32.0
68.9
18. 4
32. 0
5. 9
12. 5
62.9
By 1VIr. HARTKE:
S. 2060. A bill to authorize the Secre-
tary of Transportation to act to assure
the continuance of rail service in the
Northeastern United States, and for
other purposes. Referred to the Commit-
tee on Commerce.
Mr. HARTKE, Mr. President, I intro-
duce for appropriate reference a bill to
authorize the Secretary of Transporta-
tion to act to assure the continuance of
rail services in the Northeastern United
States, and for other purposes.
The rail transportation problem in
the 19 Norteastern States?already ex-
tremely serious?is rapidly approaching
a potential national crisis. Depending
upon what action is taken by Congress
and the executive branch this month
there is a grave possibility that the pre-
cariously balanced rail transportation
system, so vital to the economic health
and security of the Nation, could con-
tinue down the tortuous path to
liquidation.
, If one of the bankrupt railroads in the
Northeast ceased operation, the conse-
quences could be disastrous to the more
than 100 million people living in the re-
gion and to the Nation as a whole. For
example, a study has disclosed that if
the Penn Central were to curtail activ-
ity for a period of 8 weeks econom-
cal activity in the Northeast would de-
cline at a rate of 5.7 percent. Economic
activity in the entire Nation would de-
cline by a rate of 4 percent and the gross
national product would decline by 2.7
percent.
These statistics do not convey the seri-
ousness of the problem in human terms.
Not only would people be thrown out of
jobs, many would go hungry because of
the food shortages caused by inadequate
transportation facilities in the north-
east. The chaos that would afflict the
.northeast would bring swift economic
and personal hardship to the rest of the
country as well. To the farmers of the
west and south, the lumbermen of the
northwest, small and large companies in
all States, the hundred million people in
the 17 States would no longer be able to
receive and consume their goods and
services. Disaster?sheer, unmitigated
disaster?is the only way to describe
what would happen if the Penn Central
and other roads of the northeast were to
be forced to close down.
In my opinion we cannot let these rail-
road shut down. Some public officials
might argue that no Federal funds
should be spent in the short term or in
the long term to solve this rail trans-
portation crisis. They would argue that
It is better to let the crisis occur and
suffer a tremendous loss of Federal tax
revenue than to spend a few dollars of
taxpayers money to assure a continuing
and viable economic system in this coun-
try. I for one cannot agree with that
approach and am therefore offering to-
day legislation that would assure emer-
gency first aid for the northeast rail
system while Congress works diligently
to come up with a long-term solution.
The bill I am introducing amends the
Emergency Rail Services Act of 1970 so
as to authorize the Secretary of Trans-
portation, in the case of an actual or
anticipated cessation of essential trans-
portation services by any railroad, to
contract with the trustees of such rail-
road for the continued provision of es-
sential services, or acquire by purchase,
lease, or other transfer any equipment
and facilities of such railroad and any
operating rights over the tracks of such
railroad. The present Emergency Rail
Services Act authorizes the Secretary to
take similar action with respect to those
railroads which have accepted loans
from the Federal Government. The
amendment would broaden that author-
ity to apply to any railroad which has
actually ceased operation or is about to
cease operations.
Any such service contract, or acquisi-
tion would be subject to the approval of
the reorganization court and the Inter-
state Commerce Commission.
Funds to pay for such service con-
tract or acquisition would be available
under the provisions of the present
Emergency Rail Services Act which au-
thorizes the Secretary of Transporta-
tion to issue obligations. The present act
authorizes such sums as may be neces-
sary to pay the principal and interest on
any obligations issued. The bill I am
introducing today amends the existing
act to place a ceiling of $250 million on
such authorization of appropriations.
In my opinion, it is absolutely essen-
tial that we have this kind of emergency
backup to avoid the tragic consequences
that would result from a significant cur-
tailment of rail services in the northeast.
I urge my colleagues to study the provi-
sions of this proposed legislation care-
fully.
S 11843
By Mr. HATFIELD (for himself,
Mr. CASE, Mr. HUGHES, Mr.
PACKARD, and Mr. KENNEDY) :
S. 2062. A bill to prohibit the introduc-
tion into interstate commerce of non-
returnable beverage containers. Referred
to the Committee on Commerce.
NONRETURNABLE BEVERAGE CONTAINER
PROHIBITION ACT
Mr. HATFIELD. Mr. President, I rise
today to introduce the Nonreturnable
Beverage Container Prohibition Act of
1973. I am pleased that the Senator from
New Jersey (Mr. CASE), the Senator from
Iowa (Mr. HUGHES) and the Senator from
Massachusetts (Mr. KENNEDY) and my
colleague from Oregon (Mr. PACK WOOD),
are joining me in cosponsoring this
legislation.
Mr. President, I have become increas-
ingly concerned about what Dr. Barry
Commoner, director of the Center for
the Biology of Natural Systems at Wash-
ington University, has called a "counter-
ecological growth pattern" behind our
environmental crisis. In far too many
cases, and particularly since World War
II, we have adopted technologies which
produce intense environmental impacts,
displacing other activities with far less
serious environmental impacts.
Transfer from returnable to non-
returnable beverage containers is an
outstanding example of a counterecologi-
cal growth pattern. According to Dr.
Commoner, the production of nonreturn-
able beer bottles increased 3,778 percent
per capita during the period between 1946
and 1969. During the same period, pro-
duction of returnable beer bottles de-
creased 64 percent per capita.
The result of this growth pattern,
which has been accompanied by similar
trends in soft drink packaging, has been
an increased use of energy and increased
litter along our highways and in our
parks.
Looking first at the energy question,
Dr. Bruce Hannon, assistant professor of
general engineering and staff member
with the Center for Advanced Computa-
tion at the University of Illinois at Ur-
bana, has conducted an excellent study
dealing with this topic. He concludes that
the energy required to deliver a unit of
beverage to the consumer is about three
times more in a throwaway glass con-
tainer than in returnable bottles. He es-
timates that 19,640 Btu's are necessary
to bottle a gallon of beer in 12 ounce
returnable bottles while 59,800 Btu's are
necessary for nonreturnable bottles and
58,190 Btu's for cans. I found one of Dr.
Hannon's statistics astounding:
If the beverage industry were converted
entirely to returnable containers the 1970
container system energy, which accounts for
0.48% of the total U.S. energy demand, would
be reduced by about 10%. The energy savings
in 1970 would have supplied the total elec-
trical needs for Washington, D.C., Pittsburgh,
San Francisco and Boston for about 5
months, or about 30 billion kilowatt hours.
It should be noted here that this figure
includes the energy consumed in the milk
container system, although the energy
consumption of this system is slight when
compared to soft thinks or beer, which
constitue about one-half of all beverage
and food containers.
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CONGRESSIONAL RECORD ? SENATE him 25, 1973
As a consumer matter, it appears evi- Mr. President, I ask unanimous con-
dent that a return to returnable bever- sent that the bill be printed in the RECORD
age containers would be beneficial. The following my remarks.
purchase price for seft drinks in throw- There being no objection, the bill was
away glass is 36 percent more than when ordered to be printed in the RECORD, as
It is sold M. returnable containers. When follows:
the consumer anirehissee a beverage in a S. 2062
returnable container and returns it he Be it enacted by the Senate and House
,
pays only a fraction of the cost of the of Representatives of the United States of
container, whereas the nonreturnable Ameica in Congress assembled, That this Act
may be cited as the "Nonreturnable Bever-
container purchaser pays the entire cost
of the- coatainer. To this must be added age Container Prohibiti on Act".
the cost -or the disposal of the container,
which is increased if it has been tested
out of a car along a highway.
An obvious but important environ-
mental benefit to which I have allided
which virculd result itom the prohibition
of nonreturnable beverage containers is
litter reduction. My State of Oregon
adopted legislation banning nenreturn-
ables last October; the legislation I in-
troduce today is patterned after this bill.
The effects of the hill have been followed
closely by the Oregon State highway de-
partment' and other various groups. In
April of this year, the Environmental
Protection Agency published a report on
the progress of the Oregon law, drawing
on the highway deaartment data. Ac-
cording to this study, "the beverage con-
tainer portion of litter decreased by at
least 49 percent between the winter of
1971 to 1972 and the winter a 1972 to
1973." This is indeed significant in view
of an earlier study by the State of Ore-
gon indicating that beverage containers
formed approximately 62 percent of the
volume of litter.
Two other trends resulting from Ore-
gon's bottle law were noted in the 31svi-
ronmental Protection Agency report:
(1) Container usage has been dra,malically
altered by the law. Less than 1 percent of all
soft drinks. and 0.5 percent of ail beer was
being sold in cane as of March 1973, and
(2) The enactment ef the law has been at-
tended by an initial loss of 142 jobs. A sizable
number of new jobs may be created in the
bottling industry to Offset these losses.
This last statement is worthy of fur-
ther comment. A study of the Employ-
ment Effects of the Mandatory Deposi-
tory Regulation by Dr. Hugh Polk, pro:
fessor of economics at the University of
Illinois at Urbana concludes that em-
ployment in Illinois would actually be
increased by 6,500 jobs following a shift
to nortreturnables. This is not to say
that these would be no employment dif-
ficulties in the transition, and this is a
matter which must receive careful re-
view by the Congress, but the creat on of
new Jobs is often ignored during discus-
sions of legislation of this netlike.
Mr. President, I believe it is past time
that we reexamine the "no deponlano
return" philosophy which we can 1 within the District of Columbia or within
10
any other territory not organized with a leg-
islative body;
an energy standpoint. Certainly the pas- (6) "territory" mans any territory or pas-
sage of this legislation would be a good session of the United States, including the
beginning. District of Columbia al d excluding the Canal
Very briefly, the legislation I an in-
Zone.
troducing today would ban the shipment CERTIFICATION
and sale of nonreturnable beserage con- sec. 4. (a) (1) To promote the use of re-
t
tainera in interstate commerce and banurnable beverage containers of uniform
design, and to facilitate the return of cell-
a], "flip-top" cans. The law woeld be tainers to manufacturers for reuse as A
adIllinittered, by the Environmental Pro- oeverage container, the Administrator shall,
teotkm Agency, which is directly to
upon application in accordance with regu-
certify acceptable containers. lations eetablished by the Administrator not
FINDINGS AND PURPOSE
SEC. 2. (a) The Congress finds that (1)
litter composed of beverage containers is
major source of pollution in all areas of
this Nation, (2) the collection and disposal
of solid waste composed of such contain-
ers impose a great cost burden upon the
States and their political subdivisions, (3)
nonreturnable beverage containers on which.
no refundable money deposit is required
from the consumer pose a threat to health.
safety, and welfare of individuals and en-
vironment in the United States, and (I)
such containers, representing as they do a
high cost in the form of litter and solid
waste management, should be banned from
circulation within and among the several
States.
(b) It is therefore the purpose of this Act
to assist in solving this problem by prevent-
ing the use and circulation of the offending
types of nonreturnable beverage containers
by banning their shipment and sale in inter-
state commerce.
DEFINITIONS
SEC. 3. For the purpose of this Act the
term--
(1) "Administrator" means the Admin-
istrator of the Environmental Protection
Agency;
(2) "returnable beverage container"
means a beverage container which?
(A) has a clear indication thereon, either
by embossing or by a stadia, label, or other
method securely affixed thereto, of the re-
fund value of the container, or is a glass
container designed for a beverage and hav-
ing a brand name permanently marked there-
on which on the date of enactment of this
Act had a refund value of not less than 5
cents;
(B) has a refund value of not less than 5
cents or, if certified by the Administrator
pursuant to section 4. has a refund value of
not less than 2 cents; and
(C) is not a metal container so designed
and constructed that a part of the container
is detachable in opening the container with-
out the aid of a can opener;
(3) "beverage" means beer or any other
malt beverage, mineral water, or soda water
or a carbonated soft drink of any variety in
liquid form and intended for human con-
sumption;
(4) "container" means a bottle, jar, can.
or carton of glass, plastic, or metal, or any
combination thereof, for use in packaging
or marketing any beverage;
(5) "interstate commerce" means (A)
commerce between any State or territory and
any place outside thereof, and (B) commenei
later than ninety days after the date: of en-
entinent of this Act, certify beverage con-
tainers which satisfy tin' requirements of
this section.
(2) A beverage container shall be certified
(a) it is reusable as a beverage cOntainer
by more than one beverage manufacturer
or bottler in the ordinary eourse of business;
and
(B) more than one beverage manufacturer
or bottler will hi the ordinary course of busi-
ness accept the beverage container for re-
use as a beverage container and pay the re-
fund value of the container.
(3) A beverage container shall not be cer-
tified under this section if by reason of its
shape or design, or by reason of Words or
symbols permanently inscribed !thereon,
whether by engraving, _embossing, painting,
or other permanent method, It is reusable
as a beverage container in the ordinary
course of business only by a manufacturer
or bottler of a beverage sold ender a specific
name.
(b) (1) Unless an application for certifica-
tion under this section is denied by the Ad-
ministrator within sixty days after the filing
of the application in accordance with regu-
lations of the Administrator, the beverage
container shall be deemed certified..
(2) The Administrator may revielir at any
Lime certification of a beverage container.
If after such review, with written notice and
hearing afforded to the applicant for cer-
tification under this section, the Adminis-
trator determines the container is no longer
qualified for certification, he shall with-
draw certification.
(3) Withdrawal of certification shall be
effective not less than thirty days after
-written notice to such applioant and to all
known manufacturers and bottlers using
such container.
PROM RI ON
SEC. 5. (a) No person shaU manufacture
for sale, sell., offer for sale, or introduce or
deliver for 'introduction in interstate com-
merce any beverage metal:ter other than a
returnable beverage container.
(b) Whoever violates subsection. (a) of
this section shall be lined not more than
$1,000, or imprisoned for not more than six
months, or 'both.
>NS
SEC. 6. The Administrator shall 'establish
such regulations as are neassary for the
purpose of this Act.
EFFECT 'EL )ATF
SEC. 7. T1* provisions of this Act shall be
effective on the date of enactment of this
Act, except that section 5 shall be effec-
tive after one hundred and eighty :days fol-
lowing such date of enactment.
By Mr. MAGNUSON (for himself
arid Mr. Coazon) (by request) :
S. 2063. A bill to amend the Criminal
Code in order to extend protection to
officers and employees of the Interstate
Commerce Commission. Referred to the
Committee on Commerce.
Mr. MAGNUSON. Mr. President, I in-
troduce by request, for appropriate ref-
erence, a bill to amend the Criminal Code
in' order to extend protection to officers
and employees of the Interstate Com-
merce Commission, arid ask unanimous
consent that the text of the bill be
printed in the RECORD.
There being no objection, the bill was
ordered to be printed in the ROoee, as
follows:
S. Ii" 3
Be it enacted by the Senate adad House
of Representatives of The United !States of
America in Congress assembled, That section
Approved For Release 2001/08/30 : CIA-RDP75600380R000600170054-3