FINAL CONGRESSIONAL ACTION ON "TERRORISM CZAR PROVISION"

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87M01152R001101320024-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 36
• Document Creation Date: December 27, 2016
• Document Release Date: August 31, 2010
• Sequence Number: 24
• Publication Date: August 1, 1985
• Content Type: MEMO

Declassified in Part - Sanitized Copy Approved for Release 2012/11/15 : CIA-RDP87M01152R001101320024-3 C
Cr /
Office of Legislative Liaison
SUBJECT: Final Congressional Action on
"Terrorism Czar Provision"
1. As is reflected on the attached pages from the
Congressional Record, the Conferees on the foreign aid bill
adopted the House "anti-terrorism czar" provision.
2. As you recall, we were able to have Representative Hyde
engage in a colloquy on the House floor concerning the import
of this provision. The colloquy, together with the language of
the provision itself and the accompanying report, make it clear
that the Agency's programmatic and reporting equities are to be
Attachment
as stated
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 HOUSE July'29, 1985
H 6702 CONGRESSIONAL RECORD -
Conference agreement CONrEXENCE REPORT (H. REPT. No. 99-237) Sec. 205. Acqitus of a undergricultucomral oin-modmodty
compared with: The committee of conference on the dis-
Budget estimates of new agreeing votes of the two Houses on the import progrnms.
amendments of the House to the bill (S. Sec. 206. Tied aid credit program.
fiscal year 1985 authority. trIcrt rD ion on use pounds for nu-
Arms the Foreign Assistance Act of Sec. 207. Restriction
au-
Hcal98e year 985 ............ear ...seal y+139.399,100 960) to amend
1981, the e Arms Export Control ol Act. and Sec. 208. Fiscal year 1985 supplemental au-
year
al se or
ion.
1965 ...l,...l..... -405,763,000 Acts authorize appropriations
Senate bill, fiscal year ear the the fiscal year interrneothl sPeace thorization.
ment assistance. the Peace TITLE 111-DEVELOPMENT ASSISTANCE
??,?,?_... -920.395,000 ty and development for
1 .-..36.153
'Include Ho,Y00 of budget estimates not Corps a the Io trFou Foundation, the
ra policy.development.
eonueeree by the the House. Affri can Development Foundation, and for Sec. 301. Development assistance
l
JAMIE L WHITTEN- other purposes. having met, after full and Sec. 302. A a d nutrition.
(except ulur. ru
EDWARD amendment free conference, agreed to recommend Sec. 304. Coils LSurvital ion and Fund.
(except t amendment and do recommend end to their respective Sec. 303. Population anhealth.
m{IniZatton and
No. 154 language), Houses as follows: from its disagree- Sec. 305. Promoti
reon of nyo i O resources
WILLIAM r HATCHER, rnrn! ttoGtthesamendmen of f the House to the
HOSE H P. A to the same with an Sec. 306. Education and human
JOSEPH t ADDAHRO, text am the t bill a and l agree development r
(except amendment amendment h fmatter _ ??hopr, aolunta develoP-
No. 154 language). In lieu of the matter proposed to be insert- Sec. 307. Energy. private Dluntry orgam-
SIDNEY R. YATES. ed by the House amendment insert the Jol meat s, and
activities.
(except amendment lotting: Revolring
Fund. No. 154 language). SECTION' L SHORT TITLE AND TABLE OF (Y)ATEN'IS. SSec ec. 30. PPriv alate Band voluntary organiza-
EDWARD R. ROYBAL. (a) SHORT Tm-E.-This Act may be cited as lions and cooperatives in over-
(except amendment the "International Security and Develop- seas development.
lin ove-
No. 154 language), merit Cooperation Act of l9The table of con. Sec. 310. Promotion democratic a
Tors BEVILL (b) TABLE or CONTENTS.- e
WILLIAM LEHMAN, tents for this Act is as follows: t Sec. 311. Use private and voluntary orga-
L' es and
n s
I
l
JULIAN C. DIXON.
(except amendment
No. 154 language).
VIC FAZIO,
(except amendment
No. 154 language).
SILVIO G. CONTE,
(except amendment
No. 154 language)'
JOSEPH M. McDADE,
JOHN T. MYERS.
LAWRENCE COUGHLIN.
JACK F. KEMP,
RALPH R GULA,
GEORGE M. O'BRIEN,
Managers on the Part of the House
e
. nioations, coopcra
Sec 1. Short title and table ofCon
TITLE I-MILITARY ASSISTANCE AND the private sector.
SALES AND RELATED PROGRAMS Sec. 312. Targeted assistance. guaranty pro-
military sales credits. Sec. 313. Housing and other Sec. 101. Foreign grams.
Sec. 102. Terms of foreign military sales Sec. 314. Trade credit insurance program.
credits. Sec. 3J5. Minority set-aside.
Sec. 103. Military assistance. TITLE IV-OTHER FOREIGN
Sec. 104. International military education
ASSISTANCE PROGRAMS
and training. lions.
Sec. 105. Peacekeeping opera See 401. American schools and hospitals
Sec. 106. Guaranty Reserve Fund abroad.
Sec. 107. Valuation of certain defense aril- Sec 402. Voluntary contributions to inter-
and
cles. national organizations
Sec 108. Full costing of FATS sales Of train- programs.
Sec. 109. ?ng. Administrative surcharge- Sec. 403. Wi portdon to hare f r certa in
Sec. 110. Contract administration services. programs of international or-
Sec. 111. Catalog data and services- ganizations.
Sec. 112. Reports on cash flow financing.
Sec. 404. Internaonal disaster assistance-
Sec. 113. Report on international volume of
Sec. 405. Trade and development rop a
arms traffic.
Sec. 114. Security assistance surveys. Sec. 406. O INTERNAAT ONAL TERRORISM
Sec. 115. North Atlantic Treaty Organiza- TITLE V
tion cooperative projects. AND FOREIGN AIRPORT SECURITY
Sec. 116. Exchange of training and related Part A-International Terrorism Generally
support-
Sec. 117. Quarterly reports on United States Sec. 501. Anti-terrorism assistance program.
military advisors abroad- Sec. 502. Coordination of all United States
Sec. 118. Sensitive technology- anti-terrorism assistance to
Sec 119. Iwerease in criminal penalties for foreign countries.
certain violations of the Arms Sec. 503. Prohibition on assistance to coun-
Export Control Act. tries supporting international
Sec. 120. Official reception and rePresenta- terrorism
tion expenses. Sec. 504. Prohibition on imports from and
Sec. 121. Special Defense Acquisition Fund. exports to Libya.
Sec. 122. Leasing authority. Sec. 505. Ban on importing goods and serv-
ices 123. Military assistance costs; waiver of ices from countries supporting
net proceeds for sale of MAP terrorism
items. . International antiterrorism Com-
Sec 124. Stockpiling of defense articles for Sec. 506. International
foreign countries. Sec. 507. International terrorism control
Sec. 125. Security assistance organizations. treaty.
MARK O. HATTIELD,
(except amendment
No. 154 ),
TED STEVENS,
LOWELL P. W EICKER,
JAMES A. MCCLURE.
PAm. LAZALT,
JAKE GARR.
THAD COCHRAN.
MARK ANDREWS,
JAMES ABDNOR.
BOB K.ASTEN,
ALPONS~El 'M. D'AMATO.
MACK MATTINGLY,
WARREN RUDMAN.
JOHN C. STENNIS.
ROBERT C. BYRD,
WILLIAM PROXMIRE.
DANIEL K- INOUYE,
ERNEST F. HOLLINGS,
LAWTON CHILES,
J BENNETT JOHNSTON,
QOENTIN N. BURDICK,
PATRICK J. LEAKY.
JIM SASSER,
DENNIS DECONCINI,
DALE BUMPERS,
FRANx B. LAUTENEERG.
Managers 071 the Part of the Senate.
CONFERENCE REPORT ON S. 960
Mr. FASCELL submitted the follow.
ing conference report and statement
on the bill (S. 960) to amend the For-
eign Assistance Act of 1961, the Arms
Export Control Act, and other Acts to
Authorize appropriations for the fiscal
year 1986 for international security
and development assistance, the Peace
Corps, the Inter-American Founda-
tion, the African Development Foun-
dation, and for other purposes:
Sec. 126. Exchange tratntn9. Sec. 508. State terrorism
Sec. 127. Training in maritime skills. Part B-Foreign Airport Security
Sec. 128. Special waiver authority-
Sec 129. Conventional arms transfers.
Sec. 130. Foreign military sales for Jordan. Sec. 551. Securritt~otanndar for foreign air
Sec. 131. Certification concerning AWACS
sold to Saudi Arabia. Sec. 552. Travel advisory and suspension of
Sec. 132. Cooperative agreements on air de- foreign assistance.
fense in Central Europe. Sec. 553. United States atrmarshal program.
TITLE II-ECONOMIC SUPPORT FUND Sec. 554. Enforcem ent oOrgatnizaationos ndl
Avian ards.
Sec. 201. Purposes and uses of authori- Sec. 555. International civil aviation boy-
zn ocott of countries supporting
Sec. 202. Assisttaance e for r the the Middle Middle East. international terrorism.
Sec. 203. Assistance for Cyprus. Sec. 556. Multilateral and bilateral agree-
Sec. 204. Assistance for Portugal.
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ments with respect to aircraft
sabotage, aircraft hijacking,
and airport security.
Sec. 557. Research on airport security tech-
niques for detecting explosives.
Sec. 558. Hijacking of TWA flight 847 and
other acts of terrorism
TITLE VI-INTERNATIONAL NARCOTICS
CONTROL
Sec. 601. Short title.
Sec. 602. Authorizations for international
narcotics control assistance.
Sec. 603. Development and illicit narcotics
production.
Sec. 604. Reports on international narcotics
control assistance.
Sec. 605. Exemption from ban on involve-
ment of United States person-
nel in arrest actions in narcot-
ics control efforts abroad.
Sec. 606. Annual reports on involvement of
foreign countries in illicit drug
traffic.
Sec. 607. Procurement of weapons to defend
aircraft involved in narcotics
control efforts.
Sec. 608. Requirement for cost-sharing in
international narcotics control
assistance programs.
Sec. 609. Prohibition on use of foreign as-
sistance for reimbursements for
drug crop eradication.
Sec. 610. Assistance for Jamaica
Sec. 611. Assistance for Bolivia.
Sec. 612. Assistance to Peru.
Sec. 613. Reallocation of funds if conditions
not met.
Sec. 614. Conditions on United States con-
tributions to the United Na-
tions Fund for Drug Abuse
Control.
Sec. 615. Latin American regional narcotics
control organization.
Sec. 616. Greater effort by United States
Armed Forces to support nar-
cotics control efforts abroad.
Sec. 617. Cuban drug trafficking.
Sec. 618. Prohibition on assistance to coun-
tries which do not take ade-
quate steps to halt drug traf-
ficking.
Sec. 619. Drug trafficking and the problem
of total confidentiality of cer-
tain foreign bank accounts.
TITLE VII-WESTERN HEMISPHERE
Sec. 701. Central America democracy, peace,
and development initiative.
Sec. 702. El Salvador.
Sec. 703. Assistance for Guatemala
Sec. 704. Refugees in Honduras.
Sec. 705. Promoting the development of the
Haitian people and providing
for orderly emigration from
Haiti.
Sec. 706. Military assistance for Paraguay.
Sec. 707. Assistance for Peru.
Sec. 708. Inter-American Foundation.
Sec. 709. Comprehensive reports on assist-
ance for Latin America and the
Caribbean.
Sec. 710. Use of private and voluntary orga-
nizations.
Sec. 711. Assistance for law enforcement
agencies.
Sec. 712. Administration of justice.
Sec. 713. Use of employee stock ownership
plan in development efforts.
Sec. 714. International Advisory Commis-
sion for the Caribbean Region.
Sec. 715. Exemption of certain safety-related
equipment from prohibition on
military sales to Chile.
Sec. 716. Rural electrification
Sec. 717. Facilitating international com-
merce through Mexico.
Sec. 718. Condemning human rights viola.
tions and the subversion of
other governments by the Gov-
ernment of Cuba
Sec. 719. Reports on foreign debt in Latin
America.
Sec. 720. Economic assistance for Uruguay.
Sec. 721. Canadian exports to the United
States.
Sec. 722. Nicaragua
TITLE VIII-AFRICA
Sec. 801. Balance-of-payments support for
countries in Africa.
Sec. 802. Economic support assistance for
Southern Africa
Sec. 803. Policy toward South African
"homelands".
Sec. 804. Assistance for Zaire.
Sec. 805. Assistance for Tunisia.
Sec. 806. Political settlement in Sudan.
Sec. 807. Elections in Liberia
Sec. 808. Western Sahara
Sec. 809. Sahel development program.
Sec. 810. African Development Foundation.
Sec. 811. Repeal of Clark amendment.
Sec. 812. Failure of the Ethiopian Govern-
ment to responsibly ameliorate
famine conditions.
Sec. 813. Assistance for the People's Republic
of Mozamibque.
TITLE IX-ASIA
Sec. 901. The Philippines.
Sec. 902. Nuclear non-proliferation condi-
tion on assistance for Paki-
stan.
Sec. 903. Disadvantaged children in Asia.
Sec. 904. Assistance for Afghanistan.
Sec. 905. Assistance for the Cambodian
people.
Sec. 906. Prohibition on certain assistance
to the Khmer Rouge.
Sec. 907. Political settlement in Sri Lanka.
Sec. 908. United States policy toward the Re-
public of Korea.
TITLE X-FOOD AND AGRICULTURAL
ASSISTANCE
Sec. 1001. International Fund for Agricul-
tural Development.
Sec. 1002. Public law 480 title II minimums.
Sec. 1003. Express authority for title II
direct distribution, sale, and
barter.
Sec, 1004. Role of private voluntary organi-
zation and cooperatives.
Sec. 1005. Multiyear agreements with PVOs
and cooperatives.
Sec. 1006. Title II programming reports.
Sec. 1007. Eligible commodities under sec-
tion 416(b).
Sec. 1008. Long-term agricultural commodi.
ty agreements with food deficit
countries.
TITLE XI-PEACE CORPS
Sec. 1101. Authorization of appropriations.
Sec. 1102. Number of Peace Corps volun-
teers.
Sec. 1103. Limitation on length of Peace
Corps employment
Sec. 1104. Peace Corps National Advisory
Council.
Sec. 1105. Nonpartisan appointments.
TITLE XII-MISCELLANEOUS PROVI.
SIONS RELATING TO FOREIGN AS-
SISTANCE
Sec. 1201. Notice to Congress of use of cer-
tain authorities relating to
human rights conditions.
Sec. 1202. Prohibitions against assistance.
Sec. 1203. Land reform programs.
Sec. 1204. Suspension of assistance to coun-
tries violating U.S. export laws
in order to manufacture a nu-
clear explosive device.
Sec. 1205. Reports on economic conditions
in certain countries.
Sec. 1206. Egyptian-Israeli relations.
Sec. 1207. Procurement of construction and
engineering services.
Sec. 1208. Completion of plans and cost esti-
mates.
Sec. 1209. Reprogramming notifications to
Congress.
Sec. 1210. Report on United States assist-
ance to coal exporting nations.
Sec. 1211. Repeal of obsolete provisions and
correction of technical refer.
ences. I"
TITLE XIII-MISCELLANEOUS
PROVISIONS
r
Sec. 1301. Effective date.
Sec. 1302. Codification of policy prohibiting
' negotiations with the Palestine
Liberation Organization.
Sec. 1303. Commission for the Preservation
of America's Heritage Abroad.
Sec. 1304. Federal Coal Export Commission.
TITLE I-MILITARY ASSISTANCE AND SALES
AND RELATED PROGRAMS
SEC. 107. Fl-REIGA MILITARY SALES CREDITS
tat AVTNORrzATIONS OF APPROPRIA77ONS.-
The first sentence of section 31(a) of the
Arms Export Control Act is amended to read
as follows., "There are authorized to be ap-
propriated to the President to carry out this
Act $5,371,000,000 for fiscal year 1986 and
$5,371,000,000 for fiscal year 1987.".
(bt AGGREGATE CEILINGS AND EXTENDED RE-
PAYMENT TERMs.-Section 31(b) and (c) of
such Act are amended to read as follows:
'Yb)(11 The total amount of credits ex-
tended under section 23 of this Act shall not
exceed $5,371,000,000 for fiscal year 1986
and $5,3 71. 000, 000 for fiscal year 1987.
"(2) Of the aggregate amount of financing
provided under this section, not more than
$553,900,000 for fiscal year 1986 and not
more than $553,900,000 for fiscal year 1987
may be made available at concessional rates
of interest. If a country is released from its
contractual liability to repay the United
States Government with respect to financ-
ing provided under this section, such fi-
nancing shall not be considered to be fi-
nancing provided at concessional rates of
interest for purposes of the limitation estab-
lished by this paragraph.
"(c) For fiscal year 1986 and fiscal year
1987, the principal amount of credits pro-
vided under section 23 at market rates of in-
terest with respect to Greece, the Republic of
Korea, the Philippines, Portugal, Spain,
Thailand, and Turkey shall (if and to the
extent each country so desires) be repaid in
not more than twenty years, following a
grace period of ten years on repayment of
principal ".
(C) FMS FINANCING FOR ISRAEL.-(I) Of the
total amount of credits extended under sec-
tion 23 of the Arms Export Control Act, not
less than $1,800,000,000 for fiscal year 1986
and not less than $1,800,000,000 for fiscal
year 1987 shall be available only for Israel.
C2) Israel shall be released from its con-
tractual liability to repay the United States
Government with respect to the credits pro-
vided pursuant to paragraph ti).
(3) If the Government of Israel requests
that funds be used for such purposes-
(A) up to $150,000,000 of the amount of
credits made available for Israel pursuant
to paragraph (1) for each of the fiscal years
1986 and 1987 shall be available for research
and development in the United States for
the Lavi program, and
CBI not less than $250,000,000 of the
amount of credits made available for Israel
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H 6704 CONGRESSIONAL RECORD - HOUSE July 29, 1985
pursuant to paragraph (1) for each of the ing the financing of the procurement under amended to read as follows: "Funds author.
fiscal years 1986 and 1987 shall be available this section) that the United States Govern- teed to be appropriated by section 31(a) to
for the procurement in Israel of defense arti- ment pays on outstanding marketable obli- carry out this Act which are allocated for
cles and defense services (including research gations of comparable maturity. credits at market rates of Interest may be
and development) for the Lavi program. "(d) References in any law to credits ex- used to pay claims under such guarantees to
Idl FMS FINANcrNO FOR EGYPT.-(1) Of the tended under this section shall be deemed to the extent funds in the Guaranty Reserve
total amount of credits extended under sec- include reference to participations in cred- Fund are inadequate for that purpose. ".
Lion 23 of the Arms Export Control Act, not its.": (c) DESIGNATION As GUARANTY RESERVE
less than $1.300,000.000 for fiscal year 1986 SEC. 101. MILITARY ASSISTANCE. FOND.-Such section is further amended by
and not less than $1,300,000,000 for fiscal Section 504(a)(1) of the Foreign Assistance inserting after the first sentence the follow.
year 1987 shall be available only for EgYVL Act of 1961 is amended to read as follows: Ing new sentence: "That single reserve may,
(2) Egypt shall be released from its con. "(a)(1) There are authorized to be appro- on and after the date of enactment of the
tractual liability to repay the United States priated to the President to carry out the pur- International Security and Development Co-
Government with respect to the credits ex- poses of this chapter $805,100.000 for fiscal operation Act of 1985, be referred to as the
tended pursuant to paragraph (1). year 1986 and $805,100,000 for fiscal year 'Guaranty Reserve Fund'.".
let FMS FINANCING FOR GREECE.-Ill Of the rosT " crr RAI IAIl'l?ION OF CERTAIN DEFENSE ART.
total amount of credits extended under sec-
tion 23 of the Arms Export Control Act,
$500, 000, 000 for each of the fiscal years 1986
and 1987 shall be available only for Greece.
(2) For each of the fiscal years 1986 and
1987, of the total amount of credits extended
for Greece under section 23 of the Arms
Export Control Act, Greece shall receive the
same proportion of credits extended at
concessional rates of interest as the propor-
tion of credits extended at concessional
rates of interest which Turkey receives out
of the total amount of credits extended for
Turkey under that section, and the average
annual rate of interest on the credits ex-
tended for Greece at concessional rates of
interest shall be comparable to the average
annual rate of interest on the credits ex-
tended for Turkey at eoncessional rates of
interests. Credits extended for Greece for
each of the fiscal years 1986 and 1987 at
eoncessional rates of interest shall not be
counted toward any ceiling established by
law on concessional financing under the
Arms Export Control Act.
(f) FMS FINANCING AND MAP FOR TURKEY.-
For each of the fiscal years 1986 and 1987,
the aggregate total of financing under the
Arms Export Control Act and assistance
under chapter 2 of part II of the Foreign As-
sistance Act of 1961 provided for Turkey
may not exceed $714,280,000. Of this
amount, up to $215,000,000 may be used for
assistance under chapter 2 of part II of the
Foreign Assistance Act of 1961, with the un-
derstanding that the United States Govern-
ment is acting with urgency and determina-
tion to oppose any actions aimed at effect-
ing a permanent bifurcation of Cyprus.
SEC. Ili. TERMS OF FOREIGN MILITARY SALES CRED-
ITS
Section 23 of the Arms Export Control Act
is amended to read as follows:
"SEC. 23. CREDrn SALES.-(a) The President
is authorized to finance the procurement of
defense articles, defense services, and design
and construction services by friendly for-
eign countries and international organiza-
tions, on such terms and conditions as he
may determine consistent with the require-
ments of this section.
"(b) The President shall require repayment
in United States dollars within a period not
to exceed twelve years after the loan agree-
ment with the country or international or-
ganization is signed on behalf of the United
States Government, unless a longer period is
specifically authorized by statute for that
country or international organization.
"(c)(1) The President shall charge interest
under this section at such rate as he may de-
termine, except that such rate may not be
less than 5 percent per year.
"(2) For purposes of financing provided
under this section-
"(A) the term 'concessional rate of interest'
means any rate of interest which is less than
market rates of interest; and
"(B) the term 'market rate of interest'
means any rate of interest which is equal to
or greater than the current average interest
rate (as of the last day of the month preced-
??.A ND TRAINING.
Section 542 of the Foreign Assistance Act
of 1961 is amended to read as follows:
"SEC. $42. AUTHORIZATIONS OF APPROPRLA-
TLoNs.-There are authorized to be apProPri-
ated to the President to carry out the pur-
poses of this chapter $56,221,000 for fiscal
year 1986 and $56,221,000 for fiscal year
1987." :
SEC IRS. PEACEKEEPING OPERATIONS
(a) AvrHoRizArioNS.-Section 552(a) of the
Foreign Assistance Act of 1961 is amended
to read as follows:
"(a) There are authorized to be appropri-
ated to the President to carry out the Pur-
poses of this chapter, in addition to
amounts otherwise available for such pur-
Poses, $37,000,000 for fiscal year 1986 and
$37,000,000 for fiscal year 1987. ".
(b) PEACEKEEPING OPERATIONS EMERGEN-
clEs.-Il) Section 552 of such Act is amend-
ed-
(A) by inserting in subsection (cl "(I)" im-
mediately after "the President rmay" ;
(B) by inserting in subsection eel immedi-
ately before the period at the end of the sub-
section '' and (2) in the event the President
also determines that such unforeseen emer-
gency requires the immediate provision of
assistance under this chapter, direct the
drawdown of commodities and services from
the inventory and resources of any agency of
the United States Government of an aggre-
gate value not to exceed $25,000,000 in any
fiscal year"- and
(C) by inserting at the end thereof the fol-
lowing new subsection:
"(d) There are authorized to be appropri-
ated to the President such sums as may be
necessary to reimburse the applicable appro-
priation, fund, or account for commodities
and services provided under subsection
(c)(2).":
(2) Section 652 of such Act is amended by
inserting 552(c)(2)," immediately after
"under section 506(a)"
SEC 14a GUARANTY RESERVE FUND.
(a) REPORT ON REPLENISHMENT.-For the
purpose of providing recommendations for
improving the security interests of the
United States and the friends and allies of
the United States, the President shall pre-
pare and transmit to the Congress within 90
days after the date of enactment of this Act
a report which sets forth the history of
United States foreign military sales financ-
ing under the Foreign Assistance Act of 1961
and the Arms Export Control Act. Such
report shall include recommendations on re-
plenishing the Guaranty Reserve Fund
under section 24 of the Arms Export Control
Act and recommendations on other matters
agreed to in consultation with the chairman
and ranking minority member of the Com-
mittee an Foreign Relations of the Senate
and of the Committee on Foreign Affairs of
the House of Representatives.
(b) ADDITIONAL FUNDS FOR PAYMENT OF
CLAJMS.-The second sentence of section
24(c) of the Arms Export Control Act is
(al CERTAIN NAVAL VESSELS.-Section 21(a)
of the Arms Export Control}et is amended-
(1) by redesignating paragraphs (1), (2),
and (3) as subparagraphs (A), (B), and IC),
respectively; -
(2) by inserting "Ill" immediately after
"Ial" ; and
(3) by adding at the end thereof the follow-
ing new paragraph-'
"(2) For Purposes of subparagraph (A) of
Paragraph ell, the actual value of a naval
vessel of 3,000 tons or less and 20 years or
more of age shall be considered to be not less
than the greater of the scrap value or fair
value (including conversion costs) of such
vessel, as determined by the Secretary of De-
fense.':
(bl CONFORMING AMENDMENT-Section 47 of
such Act is amended in paragraph (2) by In-
serting ', except as otherwise provided in
section 21(a)," after "excess defense article".
SEC. IM Fl.U COSTING OP FMS SALES OF TRAI.NI.NG.
(a) FMS SALEs.-Section 21(a)(1)(C) of the
Arms Export Control Act, as so redesignated
by the preceding section of this Act, is
amended to read as follows:
"(Cl in the case of the sale of a defense
service, the full cost to the United States
Government of furnishing such service,
except that in the case of training sold to a
purchaser who is concurrently receiving as-
sistance under chapter 5 of Part II of the
Foreign Assistance Act of 1961, only those
additional costs that are incurred by the
United States Government in furnishing
such assistance.".
(b) NATO STANDARDIZATION AGREEMENTS.-
Section 21 of such Act is amended by insert-
ing the following new subsection after sub-
section t/l:
"Ig) The President may enter into North
Atlantic Treaty Organization standardiza-
tion agreements in carrying out section 814
of the Act of October 7, 1975 (Public Law 94-
106). and may enter into similar agreements
with Japan, Australia, and New Zealand,
for the cooperative furnishing of training on
bilateral or multilateral basis, if the finan-
cial principles of such agreements are based
on reciprocity. Such agreements shall in-
clude reimbursement for all direct costs but
may exclude reimbursement for indirect
costs, administrative surcharges, and costs
of billeting of trainees (except to the extent
that members of the United States Armed
Forces occupying comparable accommoda-
tions are charged for such accommodations
by the United States). Each such agreement
shall be transmitted promptly to the Speaker
of the House of Representatives and the
Committees on Appropriations, Armed Serv-
ices, and Foreign Relations of the Senate":
SEC. lss ADMINISTRATIVE SURCHARGE
Subparagraph (A) of section 21(e)(1) of the
Arms Export Control Act is amended by in-
serting "(excluding a pro rata share of fixed
base operation costs)" immediately after
"full estimated costs':
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July 29, 1985 CONGRESSIONAL RECORD - HOUSE
SEC. lit COATRACT ADMIAISTRAr!OS SERFI(.'ES serting in lieu thereof "security assistance";
Section 21(h) of the Arms Export Control and
Act is amended by inserting "contract ad- 13) by adding at the end of the section the
ministration services," immediately after following new subsection'
'-inspection," in the text preceding pars- '(d) As used in this section the term 'secu-
graph (1). rity assistance surveys' means any survey or
SEC. III. CA TALOC DA TA AND S?R VICE.c study conducted in a foreign country by
Section 21(h) of the Arms Export Control United States Government personnel for the
Act is further amended- Purpose of assessing the needs of that coun-
Il) by inserting '11)" immediately after try for security assistance, and includes de-
"th) ". fense requirement surveys, site surveys, pen-
(2) by striking out "(1," and "(2)" and in- eral surveys or studies, and engineering as-
serting in lieu thereof "(A)" and "!B)'; re- sessment surveys. ".
spectively, and (b) SUBMISSION OF SuRVEys To CONGRESS.-
13) by adding at the end thereof the follow- Section 26(cl of such Act is amended by
ing: striking out "grant that committee access
"(2) In carrying out the objectives Of this to" and inserting in lieu thereof "submit to
section, the President is authorized to pro- that committee copies or,.
vide cataloging data and cataloging sere- SEC. IIL NORTH A TLAATIC TREATY ORL'.4.VEA TIOA'
ices, without charge, to the North Atlantic COOPERA TII'E PR(AIECTS
Treaty Organization or to any member gov- (a) REVISION or AUTHORITY.-Section 27 of
ernment of that Organization if that orga- the Arms Export Control Act is amended to
ntzation or member government provides read as follows
such data and services in accordance with 'SEC 27. NORTH ALTANTIC TREAT) ORGANI-
an agreement on a reciprocal basis, without ZAI7ON COOPERATIVE PROJLCZS.-(a) The
charge, to the United States GovernmentPresident may enter into a cooperative
1a) ANNUAL REPORTS.-Section 25 of the member countries of that Organization.
Arms Export Control Act is amended in ?ybi As used in this section-
ara
h (5
ra
/
(
b
ti
p
of su
sec
,
P
on
a/- "(1) the term 'cooperative project' means a
(1) by inserting "IA," immediately after jointly managed arrangement, described in
175) a written agreement among the parties,
(2) by adding "and" after the semicolon at which is undertaken in order to further the
the end of Paragraph: and objectives of standardization, rattonaliza-
(3) by adding at the end of the paragraph tion, and interoperabitity of the armed
the following new subparagraph' forces of North Atlantic Treaty Organiza-
(B) for each country that is proposed to lion member countries and which provides-
Act credits or guaranties under this '?(A) for one or more of the other vides i-
Act in the next Ducal year and that has been pants to share with the United States the
approved for cash flow financing (as de- costs of research on and development, test-
fined in subsection (d) of this section) in ing, evaluation, or joint production (includ.
excess of $100,000,000 as of October 1 of the ing follow-on support) of certain defense ar-
current fiscal year- titles;
"Ii) the amount of such approved cash 'YB. for concurrent production in the
flow financing, United States and in another member coun-
"(ii) a description of administrative cell- try of a defense article jointly developed in
ings and controls applied, and accordance with subparagraph (A); or
)iii) a description of the financial re. ?(C) for procurement by the United States
sources otherwise available to such country of a defense article or defense service from
to pay such approved cash flow financing:": another member country; and
(b) DErvirrioN or CASH FLOW FmAANACrNG.- "(2) the term 'other participant' means a
Such section is amended by adding at the participant in a cooperative project other
end thereof the following new subsection- than the United States.
"(dl For the purposes of subsection "(cl Each agreement for a cooperative
lai(5)(B) of this section. the term. cash flow project shall provide that the United States
financing' means the dollar amount of the and each of the other participants will con-
difference between the total estimated price tribute to the cooperative project its equita-
of a Letter of Offer and Acceptance or other ble share of the full cost of such cooperative
purchase agreement that has been approved project and will receive an equitable share
for financing under this Act or under see- of the results of such cooperative project
Lion 503(0)(3) of the Foreign Assistance Act The full costs of such cooperative project
of 1961 and the amount of the financing shall include overhead and administrative
that has been approved therefor, ". costs. The United States and the other par-
SEC. III.. REPORT ON t'1TERNA7703.4L VOLtarE OF ticipants may contribute their equitable
AR.NS 7R.4 FFIC. shares of the full cos! of such cooperative
Section 25 of the Arms Export Control Act project in funds or in defense articles or de-
is amended- fense services needed for such cooperative
(I) in subsection (a) by striking out "No project Military assistance and financing
later than February I" and inserting in lieu received from the United States Government
thereof "Except as provided in subsection may not be used by any other participant to
(d) of this section, no later than February provide its than of the cost of such coopera-
1" and tine project. Such agreements shall provide
l2) b
ddi
y a
ng at the end thereof the follow-
ing new subsection:
"(d) The information required by subsec-
tion (a)14) of this section shall be transmit-
ted to the Congress no later than April 1 of
each year. ".
SEC Iii. SECCRIT) ASS1STANC'? SURI'EtS
(a) SLRT*FYS SUEIECT TO REpCRREs ENTS.-
Section 26 of the Arms Export Control Act is
o mended-
(11 in the section Caption, by striking out
"DEFENSE REQUWREMERT" and inserting in
lieu thereof "SEeuprrY ASSISTANCE''
(2) by striking out 'defense requirement"
each place it appears in the section and in-
participant for worksharing or other Indus- made pursuant to cooperative projects
trial or commercial compensation in con- under this section, and section 36(c) of this
nection with such agreement that is not in Act shall not apply to the issuance of li-
accordance with such agreement tenses or other approvals under section 38
"(d) The President may enter into con- of this Act, if such sales are made, such pro-
tracts or incur other obligations for a coop- duction and exports ensue, or such licenses
erative project on behalf of the other partici. or approvals are issued, as part of a cooper.
pants, without charge to any appropriation alive project.
or contract authorization, if each of the "(h) The authority under this section is in
Other participants in the cooperative project addition to the authority under sections 21
agrees (1) to pay its equitable share of the and 22 of this Act and under any other pro-
contract or other obligation, and 12) to vision of law.
make such funds available in such amounts "(WI) With the approval of the Secretary
and at such times as may be required by the of State and the Secretary of Defense, a co-
contract or other obligation and to pay any
damages and costs that may accrue from the
performance of or cancellation of the con
tract or other obligation in advance of the
time such payments, damages, or costs are
due.
"(e)f!) For those cooperative projects en-
tered into on or after the effective date of the
International Security and Development Co
operation Act of 1985. the President mcy
reduce or waive the charge or charges v hich
would otherwise be considered appropriate
under section 21(e) of this Act in connection
with sales under sections 21 and 22 of this
Act when such sales are made as part of
such cooperative project, ff the other partici-
pants agree to reduce or waive corrrspond
ing charges.
"(2) Notwithstanding provisions of sec-
tion 21(e)(1 IA) and seetiorf'43(b) of this Act,
adm,inistro tine surcharges shall no: be in-
creased on other sales -made under this Act
in order to compensate for reductions or
waivers of such surcharges under this see-
tion. Funds received pursuant to such other
sales shall not be available to reimburse the
costs incurred by the United States Govern.
ment for which reduction or waiver is ap-
proved by the President under this section
"(f) Not less than 30 days before a coopera-
tive project agreement is signed on behalf of
the United States, the President shall trans-
mit to the Speaker of the House of Repre.
sentatives. the chairman of the Committee
on Foreign Relations of the Senate, and the
chairman of the Committee on Armed Serv-
ices of the Senate, a numbered certification
with respect to such proposed agreement,
setting forth-
"(L) a detailed description of the coopera-
tive project with respect to which the certifi-
cation is made;
"(2) an estimate of the quantity of the de?
fense articles expected to be produced in fur-
therance of such cooperative project-
"(3) an estimate of the full cost at the co-
operative project with an estimate of the
part of the full cost to be incurred by the
United States Government for its participa-
tion in such cooperative project and an esti-
mate of that part of the full costs to be in-
curred by the other participants;
'74) an estimate of the dollar value of the
funds to be contributed by the United States
and each of the other participants on behalf
of such cooperative project'
"(5) a description of the defense articles
and defense services expected to be contrib-
uted by the United States and each of the
other participants on behalf of such cooper-
ative project;
d'(6) a statement of the foreign policy and
national security benefits anticipated to be
derived from such cooperative project' and
"(7) to the extent known, whether it is
likely that prime contracts will be awarded
to particular prime contractors or that sub.
contracts will be awarded to particular sub-
contractors to comply with the proposed
agreement.
"(gl Section 36(b) of this Act shall not
apply to sales made under section 21 or 22 of
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1 H 6706 CONGRESSIONAL RECORD - HOUSE July 29, 1985
operative agreement which was entered into
by the United States before the effective date
of the amendment to this section made by
the International Security and Development
Cooperation Act of 1985 and which meets
the requirements of this section as so
amended may be treated on and after such
date as having been made under this section
as so amended.
"(2) Notwithstanding the amendment
made to this section made by the Interna-
tional Security and Development Coopera-
tion Act of 1985, projects entered into under
the authority of this section before the effec-
tive date of that amendment may be carried
through to conclusion in accordance with
the terms of this section as in effect immedi-
ately before the effective date of that amend-
ment. ".
(b) CoNFORMINO AMENDMENTS.-(1) Section
2(b) of such Act is amended to read as fol-
lows:
"(b) Under the direction of the President
the Secretary of State (takino into account
other United States activities abroad, such
as military assistance, economic assistance,
and the food for peace program) shall be re-
sponsible for the continuous supervision
and general direction of sales, leases, financ-
ing. cooperative projects. and exports under
this Act, including, but not limited to. deter-
mining-
"(1) whether there will be a sale to or fi-
nancing for a country and the amount
thereof,'
"(2) whether there will be a lease to a
country:
"(3) whether there will be a cooperative
project and the scope thereof,' and
"147 whether there will be delivery or other
performance under such sale. lease, coopera-
tive project, or export,
to the end that sales, financing, leases, coop-
erative projects, and exports will be inte-
grated with other United States activities
and to the end that the foreign policy of the
United States would be best served thereby.".
(21 Section 3(a) of such Act is amended-
(A) in the text preceding paragraph (1), by
inserting ", and no agreement shall be en-
tered into for a cooperative project (as de-
fined in section 27 of this Act)," after 'Inter-
national organization';
(B/ in paragraph (2)-
(i) by inserting ". or produced in a cooper-
ative project (as defined in section 27 of this
Act)."after "so furnished to it". and
(ii) by inserting "(or the North Atlantic
Treaty Organization or the specified
member countries (other than the United
States) in the case of a cooperative project)"
after "international organization" the
second place it appears; and
(C) in paragraph 13), by inserting "orserr-
ice" after "such article" both places it ap-
pea rs.
(3) Section 42(e) Of such Act is amended-
(Al in paragraph (I), by inserting ", and
each contract entered into under section
27(d) of this Art," after "of this Act"; and
(B) in paragraph (3), by inserting ", or
under contracts entered into under section
27(d) of this Act, " after "of this Act ".
SE'C. 116. EXCHANGE OF TRAINING AND RELATED
St "PPORT
The Arms Export Control Act is amended
by inserting the following new chapter after
chapter 2B:
"Chapter 2C-Exchange of Training and Related
Support
"SEC. 30A. EXCHANGE OF TRAINING AND RE-
LATED SuppoRT-(a) Subject to subsection
(b7, the President may provide training and
related support to military and civilian de-
fense personnel of a friendly foreign country
or an international organization. Such
training and related support shall be provid-
ed by a Secretary of a military department
and may include the provision of transpor-
tation, food services. health services. and lo-
gistics and the use of facilities and equip-
ment.
"(b) Training and related support may be
provided under this section only pursuant
to an agreement or other arrangement pro-
viding for the provision by the recipient for-
eign country or international organization.
on a reciprocal basis. of comparable train-
ing and related support to military and ci-
vilian personnel under the jurisdiction of
the Secretary of the military department
providing the training and related support
under this section. Such reciprocal training
and related support must be provided
within a reasonable period of time (which
may not be more than one year/ of the protn-
sion of training and related support by the
United States. To the extent that a foreign
country or international organization to
which training and related support is pro-
vided under this section does not provide
such comparable training and related sup-
port to the United States within a reasona-
ble period of time; that country or interna-
tional organization shall be required to re-
imburse the United States for the full costs
of the training and related support provided
by the United States.
"(cl Training and related support under
this section shall be provided under regula-
tions prescribed by the President
"(d) Not later than February I of each
year, the President shall submit to the Con-
gress a report on the activities conducted
pursuant to this section during the preced-
ing fiscal year, including the estimated full
costs of the training and related support
provided by the United States to each coun-
try and international organization and the
estimated value of the training and related
support provided to the United States by
that country or international organiza-
tion.":
SEC. 117. QCARTERLI' REPORTS ON UNITED STATES
MILITARY ADVISORS ABROAD.
Section 36(a)(7) of the Arms Export Con-
trol Act is amended to read as follows:
"(7) an estimate of
"(A) the number of United States military
personnel, the number of United States Gov-
ernment civilian personnel, and the number
of United States civilian contract personnel,
who were in each foreign country at the end
of that quarter, and
"(B) the number of members of each such
category of personnel who were in each for-
eign country at any time during that quar-
ter,
in implementation of sales and commercial
exports under this Act or of assistance under
chapter 2, 5, 6, or 8 of part Il of the Foreign
Assistance Act of 1961, including both per-
sonnel-assigned to the country and person-
nel temporarily in the country by detail or
otherwise;".
SEC. 118. SEASITI tE TE('B.NOLOG )
Section 36(b) of the Arms Export Control
Act is amended-
(11 by inserting before the period at the
end of the second sentence of paragraph (1)
the following: ", and a detailed justification
of the reasons necessitating the sale of such
articles or services in view of the sensitivity
of such technology"; and
(2) by adding at the end thereof the follow-
ing new paragraph'
"(5)(A) If, before the delivery of any major
defense article or major defense equipment,
or the furnishing of any defense service or
design and construction service, sold pursu-
ant to a letter of offer described. in para-
graph (1), the sensitivity of technology or
the capability of the article, equipment, or
service is enhanced or upgraded from the
level of sensitivity or capability described in
the numbered certification with respect tc
an offer to sell such article, equipment, or
service, then. at least 45 days before the de-
livery of such article or equipment or the
furnishing of such service, the President
shall prepare and transmit to the chairman
of the Committee on Foreign Affairs of the
House of Representatives and the chairman
of the Committee on Foreign Relations of
the Senate a report-
'70 describing the manner in which the
technology or capability has been enhanced
or upgraded and describing the significance
of such enhancement or upgrade; and
"(iii setting forth a detailed justification
for such enhancement or upgrade.
"(B) The provisions of subparagraph (A!
apply to an article or equipment delivered.
or a service furnished, witht6 ten years after
the transmittal to the Congress of a num-
bered certification with respect to the sale of
such article, equipment, or service.
"(C) If the enhancement or upgrade in the
sensitivity of technology or the capability of
major defense equipment, defense articles,
defense services, or design and construction
services described in a numbered certifica-
tion submitted under this subsection costs
$14,000,000 or more in the case of any major
defense equipment, $50,000,000 or more in
the case of defense articles or defense serv-
ices, or $200,000,000 or more in the case of
design or construction services, then the
President shall submit to the Speaker of the
House of Representatives and the chairman
of the Committee on Foreign Relations of
the Senate a new numbered certification
which relates to such enhancement or up-
grade and which shall be considered for pur-
poses of this subsection as if it were a sepa-
rate letter of offer to sell defense equipment,
articles, or services. subject to all of the re-
quirements, restrictions, and conditions set
forth in this subsection. For purposes of this
subparagraph, references in this subsection
to sales shall be deemed to be references to
enhancements or upgrades in the sensitivity
of technology or the capability of major de-
fense equipment, articles, or services, as the
case may be.
"(D) For the purposes of subparagraph (A),
the term 'major defense article' shall be con-
strued to include electronic devices. which if
upgraded, would enhance the mission capa-
bility of a weapons system ".
SEC 119. INCREASE IN CRIMINAL PENALTIES FOR
CERTAIN IYOLATIONS OF THE ARMS
EXPORT CONTROL A CT
(a) CRIMINAL PENALTIES.-Section 38(c) of
the Arms Export Control Act is amended by
striking out "not more than $100,000 or im-
prisoned not more than two years, or both"
and inserting in lieu thereof for each viola-
tion not more than $1,000,000 or imprisoned
not more than ten years, or both",
(b) CIVIL PENALTIES.-Section 38(e) of such
Act is amended by adding at the end thereof
the following: "Notwithstanding section
11(c) of the Export Administration Act of
1979. the civil penalty for each violation in-
volving controls imposed on the export of
defense articles and defense services under
this section may not exceed $500,000.":
(c) EFFEC77vE DATE,-This section shall
take effect upon the date of enactment of
this Act or October 1, 1985, whichever is
later. The amendments made by this section
apply with respect to violations occurring
after the effective date of this section,
SEC. I24. OFFICIAL RECEPTION AND REPRESENTA-
TIO.N EXPENSES
Section 43 of the Arms Export Control Act
is amended-
11) in subsection (b) by inserting "and of-
ficial reception and representation ex-
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 ?'tr/ Not more than $72.500 of the funds de-
"red from charges for administrative sem-
tees pursuant to section 21(e)(1)(A/ of this
Act may be used each fiscal Year for-official
re option and representation expenses. ".
SE( (21. SPECIAL DEFT-. ASE ACQ(1SITION iY NO.
(a t CONTINUOUS ORDERS POR CERTAIN ART(-
cLEC AND SERVICES.-SCCtiOn 51(al of the
Arms Export Control Act a amended by
adding at the end thereof the following new
paragraph
"(3) The Fund may be used to keep on con-
tinuous order such defense articles and de-
fense services as are assigned by the Depart-
ment of Defense for integrated management
by a single agency thereof for the common
use of all military departments in anticipa-
inon of the transfer of similar defense arti-
cles and defense services to foreign countries
and international organizations pursuant
to this Act, the Foreign Assistance Act of
1961. or other law.".
(b( REtoLVING Fr'ND.-Section 51(b) of
svch Act is attended to read as follows:
"(b) The Fund shall consist of collections
from sees made under letters of offer, or
transfers made under the Foreign Assistance
Art of 1961, of defense articles and defense
services acquired under this chapter trepre-
senting the value ofsuch items calculated in
accordance with subparagraph (B) or (C) of
section 21(a)(1) or section 22 of this Act or
section 644(m) of the Foreign Assistance Act
of 1961, as appropriate/, together with such
funds as may be authorized and appropri-
ated or otherwise made available for the
purposes of the Fund. ".
SEC. 152. LEASIVG 0771061Y.
Section 7307(b)(1) of -title 10, United
States Code, is amended by inserting before
the period at the end thereof the following: ",
except that any tease or loan of such a vessel
under such a law shall be made only in ac-
cordance with the provisions of chapter 6 of
the Arms Export Control Act (22 U.S.C. 2796
el seq.) or chapter 2 of part 11 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2311 et
penes" immediately after "administrative SEC. 15s.EACM4A'GETRAI ISG
expenses"' and Chapter 6 of part 11 of the Foreign Assist-
i27 by adding at the end thereof the follow- ante Act of 1961 11 amended by adding at
July 29, 1985
SE('. 121 MIL/TAR)' ASSISTANCE COSM WAIVER OF
NET PROCEEDS MR SALE OF MAP
ITEMS
(a) M?IUTARY ASSISTANCE COSTS.-Section
503(51 of the foreign Assistance Act of 1961
is amended by adding the following sentence
after paragraph (37: 'Sales which are wholly
paid from funds transferred under para-
graph t3) shall be priced to exclude the costs
of salaries of members of the Armed Forces
ing out this chapter, the President is author-
ized to provide for attendance of foreign
military personnel at professional military
education institutions in the United States
(other than service academies; without
charge, and without ehergc to funds Grad
able to carry out this chapter (notwithstand-
ing section 632(d) of this Act), if such at-
tendance is pursuant to an agreement pro-
viding for the exchange of students on a one-
for-one, reciprocal basis each fiscal year be-
tween those United States professional mili-
tary education institutions and comparable
institutions of foreign countries and inter-
national organizations.
SE'C. M. rRALAING IA MARRT.ME SKILLS
(a/ Av l7foRizAT(oN.-Chapter 5 Of part 11 of
the Foreign Assistance Act of 1961, as
amended by the preceding section of this
Act, is further amended by adding at the end
thereof the jollowing new section:
"Sec. 545. TRAINING IN MAR.ms:E SaILIs.-
The President is encouraged to ailocctc a
portion of the funds made available each
fiscal pear to carry out this chapter for use
in providing education and training in
maritime search and rescue, operation and
maintenance of aids to navigation, port se-
curity, at-sea law enforcement, internation-
al maritime law, and general maritime
skills, ".
(b) ExEMPTION.-Section 6601b) of such Act
is amended-
(1) by striking out "or" at the end of
clause (l);
I2/ by striking out the period at the end of
clause (2) and inserting in lieu thereof
or", and
(3) by adding the folowing new clause
after clause (2):
"(3) with respect to assistance, including
training, in maritime law enforcement and
other maritime skills.".
SEC. 128. SPECIAL WAITER A(771ORM'..
Section 614(c)(4) of the Foreign Assistance
Act of 1961 is amended to read as follows:
"(41(A) The authority of this subsection
may not be used in any fiscal year to au-
thorize-
"(i) more than $750.000.000 in sales to be
made under the Arns Export Control Act:
"(ii) the use of more than $250,000,000 of
funds made available for use under this Act
or the Arms Export Control Act,' and
writ) the use of more than $100,000,000 of
foreign currencies accruing under this Act
or any other law.
505 (I/ o-/ such Act is amended by adding at used both to authorize a sale under the Arms
the end thereof the following: "In the case of Export Control Act and to authorize funds
items which were delivered prior to 1975, the to be used under the Arms Export Control
President may waive the requirement that Act or under this Act with respect to the fi-
such net proceeds be paid to the L-nited nancing of that sale, then the use of the
States Government if he determines that to funds shall be counted against the limita-
do so is in the national interest of the tion in subparagraph (A)(ii) and the par-
United States." lion, if any, of the sale which is not so fi-
SEC. 154. STOCKPILLA'G OF DEFENSE ARTICLES FOR uanced shall be counted against the limita-
FOREIGNCot'NTRIES tion in subparagraph (Al(i).
Section 514(bl(2) of the Foreign Assistance "(C) Not more than $50,000,000 of the
Act of 1961 is amended to read as follows: $250,000,000 limitation provided in sub-
"(2) The value of such additions to stock- paragraph IA)(ii) may be allocated to any
piles in foreign countries shall not exceed one country in any fiscal year unless that
$360,000,000 for fiscal year 1986 and shall country is a victim of active Communist or
not exceed $125,000,000 for fiscal year Communist-supported aggression, and not
1987,". more than $500,000,000 of the aggregate lim-
SEC. 125, SECt'RITYASSISTANC'EORG,4NLZ.AT1') S. nation of $1,000,000,000 provided in sub-
Section 515(c)(1l of the Foreign Assistance paragraphs IA/(i/ and (A)(ii) may be allocat-
Act of 1961 is amended in the last sentence ed to any one country in any fiscal year. ".
by striking out "For the fiscal year 1982 and SEC 129. cNYENTION'AL ARMS TRANSFERS
the fiscal year 1983," and inserting in lieu (a) NEGOrmrroNS.-At the earliest possible
thereof "Pakistan, Tunisia. El Salvador. date, the President should, in consultation
Honduras,": with United States allies. initiate discus-
lions with the Soviet Union and France
aimed at beginning multilateral negotia-
tions to limit and control the transfer of
conventional arms to less developed coun-
tries
(b) REPonr.-Within one wear after the
date of enactment of this Act, the President
shall submit to the Speaker of the House of
Representatives and the chairman of the
Committee on Foreign Relations of the
Senate a report which specifies steps bring
taken to fulfill the requirements of subsec-
tion (a1 and which examines and araly_ei
United States policies concerning the export
of conventional arms, espectaily sophisticat-
ed weapons. and possible approaches to de
veloping multilateral limitdtwns on conven-
tional arms sales. This report shall examine
and analyze-
(1) the lessons of earlier forts to negoti-
ate restraints on the export of conventional
arms:
12) the evolution of supplier practices and
policies:
(31 the evolution of recipient country atti-
tudes regarding conventional arms trans.
fers:
(41 the effect upon regional stability and
security of conventional arms transfers by
the United States and its allies and the
Soviet Union and its allies.
(5) the relationship between arms imports
and the external debt of recipient countries,
the allocation of their internal resources,
and their economic well-being:
(6) the relationship between arms exports
by Western European countries and the
needs of those countries to support their do-
mestic mattary procurement programs:
(7) the prospects for engaging the Soviet
Union in serious discussions concerning
arms transfers, both globally and as they
relate to regional security problems,'
(8) possible measures by the United States
and Western European suppliers to control
levels of sophisticated weapons sales, both
regionally and globally; and
(9) the timing and phasing of internation-
al conventional arms control negotiations.
SEC. 150. FOREIGN MILITARY SALES FOR JORDAN
(a) MIDDLE EAST PEAcc.-The foreign mili-
tary sales financing authorized be this Act
for Jordan is provided and increased in the
recognition of progress Jordan has madc in
the search for a just and tasting peace in the
Middle East to encourage further progress,
in recognition of the continuing defense
needs of Jordan, and in the expectation Ihdt
Jordan will enter into direct negotiations
with Israel based on United Nations Securi-
ty Council Resolutions 242 and 338 in order
to resolve the state of war between those two
countries.
(b) SENSE of CONGRESS.-It is the sense of
the Congress that no foreign military sales
financing authorized by this Act may be
used to finance the procurement by Jordon
of United States advanced aircraft, new air
defense weapons systems, or other new ad-
vanced military weapons systems, and no
notification may be made pursuant to sec-
tion 36(b) of the Arms Export Control Act
with respect to a proposed sale to Jordan of
United States advanced aircraft, new air de-
fense systems, or other new advanced mili-
tary weapons systems, unless Jordan is pub-
licly committed to the recognition of Israel
and to negotiate promptly and directly with
Israel under the basic tenets of United Na-
tions Security Council Resolutions 242 and
338.
(c) CERTIPIGTTON.-Any notification made
pursuant to section 36(b) of the Arms Export
Control Act with respect to a proposed sale
to Jordan of United States advanced air-
craft, new air defense systems, or other new
advanced military weapons, shall be acrom-
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panted by a Presidential certification of
Jordan's public commitment to the recogni-
tion of Israel and to negotiate promptly and
directly with Israel under the basic tenets of
United Nations Security Council Resolu-
tions 242 and 338.
AEC. IS:. ('ERTIFI(ATHIY ('O.%('L'R%IVG A NAGS SOLD
TV SA CD/ ARABIA.
fa) THE PRESIDENT'S 1981 A WA CS CoMA(u-
N/CAT/ON TO THE SENATE.-(1) The Congress
finds that in his October 28, 1981, communi-
cation to the Senate concerning the pro-
posed sale of AWACS aircroft and F-15 en-
hancement items to Saudi Arabia which was
then being reviewed by the Congress (hereaf-
ter in this section referred to as the "1981
AWACS communication"), the President
stated the following:
"Transfer of the A WA CS will take place ...
only after the Congress has received in writ-
ing a Presidential certification, containing
agreements With Saudi Arabia that the fol-
lowing conditions have been met.'
"1. Security of Technology
"A. That a detailed plan for the security of
equipment, technology. information, and
supporting documentation has been agreed
to by the United States and Saudi Arabia
and is in place; and
"B. The security provisions are no less
stringent than measures employed by the
U.S. for protection and control of its equip-
ment of like kind outside the continental
U.S.: and
"C. The U.S. has the right of continual on-
site inspection and surveillance by U.S. per-
sonnel of security arrangements for all oper-
ations during the useful life of the AWACS.
It is further provided that security arrange-
ments will be supplemented by additional
U.S. Personnel if it is deemed necessary by
the two parties; and
"D. Saudi Arabia will not permit citizens
of third nations either to perform mainte-
nance on the AWACS or to modify any such
equipment without prior, explicit mutual
consent of the two governments: and
"E. Computer software. as designated by
the U.S. Government, trill remain the prop-
erty of the USG.
"1 Access to Information
"That Saudi Arabia has agreed to share
With the United States continuously and
completely the information that it acquires
from use of the AWACS.
"3. Control Over Third-Country Participation
"A. That Saudi Arabia has agreed not to
share access to AWACS equipment, technolo-
gy, documentation, or any information de-
veloped from such equipment or technology
with any nation other than the U.S. without
the prior, explicit mutual consent of both
governments: and
"B. There are in place adequate and effec-
tive procedures requiring the screening and
security clearance of citizens of Saudi
Arabia and that only cleared Saudi citizens
and cleared U.S. nationals will have access
to AWACS equipment, technology, or docu-
mentation, or information derived there-
from. without the prior, explicit mutual con-
sent of the two governments.
"4. A NAGS Flight Operations
"That the Saudi AWACS will be operated
solely within the boundaries of Saudi
Arabia, except with the prior, explicit
mutual consent of the two governments, and
solely for defensive purposes as defined by
the United States, in order to maintain se-
curity and regional stability.
"5. ('ommand Structure
..That agreements as they concern organi-
zational command and control structure for
the operation of AWACS are of such a
nature to guarantee that the commitments
above will be honored-
"6. Regional Peace and Security
"That the sale contributes directly to the
stability and security of the area. enhances
the atmosphere and prospects for progress
toward peace, and that initiatives toward
the peaceful resolution of disputes in the
region have either been successfully complet-
ed or that significant progress toward that
goal has been accomplished with the sub-
stantial assistance of Saudi Arabia. ".
(2) The Congress finds that the President
also stated in the 1981 AWACS communica-
tion that should circumstances arise that
might require changes in the arrangements
described in that communication, "they
would be made only with Congressional par-
ticipation'.
(b) REgUIREMENr,.-R PRESIDENTIAL CERTIF!-
CATION.-As provided in the 1981 AWACS
communication, before the E-36 airborne
warning and control system (AWACS) air-
craft which were the subject of that commu-
nication are transferred to Saudi Arabia,
the President shall submit to the Congress a
written Presidential certification, contain-
ing agreements with Saudi Arabia, that the
conditions set forth in that communication
have been met
(c) CONGRESSIONAL PARTICIPATION IN
CHANGES IN AWACS ARRANGEMENTS.-In
order to facilitate the congressional partici.
potion provided for in the 1981 AWACS
communication. the President shall notify
the Congress promptly of any changes being
considered by the United States in the ar-
rangements described in that communica-
tion.
SEC /J2. (OOPERITIIE AGREL'.NE'1'rS 01 AIR DE.
FEA:SE IN CENTRAL EUROPE.
(a) GENERAL Aurxo.err/Es.-The Secretary
of Defense may carry out the European air
defense agreements. In carrying out those
agreements, the Secretary-
(1) may provide without monetary charge
to the Federal Republic of Germany articles
and services as specified in the agreements;
and
(2) may accept from the Federal Republic
of Germany (in return for the articles and
services provided under paragraph (1)) arti-
cles and services as specified in the agree-
ments.
(b) SPECIAL ALTHORITIES.-In connection
with the administration of the European air
defense agreements, the Secretary of Defense
malo-
(1) waive any surcharge for administra-
tive services otherwise chargeable under sec-
tion 21(e)(1)fA) of the Arms Export Control
Act,'
(2) waive any charge not otherwise waived
for services associated with contract admin-
istration for the sale under the Arms Export
Control Act of Patriot air defense missile
fire units to the Federal Republic of Germa-
ny contemplated in the agreements:
(3/ use, to the extent contemplated in the
agreements, the NATO Maintenance and
Supply Agency-
(AI for the supply of logistical support in
Europe for the Patriot missile system, and
(B) for the acquisition of such logistical
support,
to the extent that the Secretary determines
that the procedures of that Agency govern-
ing such supply and acquisition arc appro-
priate;
(4) share, to the extent contemplated in the
agreements, the costs of setup charges of fa-
cilities for use by that Agency to perform
depot-Level support of Patriot missile fire
units in Europe; and
(5) deliver to the Federal Republic of Ger-
many one Patriot missile fire unit config-
ured for training, to be purchased by the
Federal Republic of Germany under the
Arms Export Control Act as contemplated in
the agreements, without regard to the re-
quirement in section 22 of that Act for pay-
ment in advance of delivery for any pur-
chase under that Act.
(c/ RATE CHARGED FOR CERTAIN SEE tICES. -
Notwithstanding the rate required to be
charged under section 21 of the Arms Export
Control Act for services furnished by the
United Stairs, in the case of 14 Patriot mis-
sile fire units which the Federal Republic of
Germany purchases from the United States
under the Arms Export Control Act as con-
templated in the European air defense
agreements, the rate charged by the Secrr-
Gary of Defense for packing. crating. han-
dling, and transportation services associat-
ed with that purchase may not exceed the es
tablished Department of Defense rate for
such services.
(d) LIMITATION ON COATRAc'T AUTHORITY.-
The authority of the Secretary of Defense to
enter into contracts under the European air
defense agreements is available only to the
extent that appropriated funds, other than
those made available under section 31 of the
Arms Export Control Act, are available for
that purpose.
(e) RELATioN To FISCAL YEAR 1985 Ara'NoRI-
zATION.-The authorities provided by this
section are an extension of. and not in addi-
tion to, the authorities provided by section
1007 of the Department of Defense Authori-
zation Act, 1985 (98 Stat. 2579), relating to
the authority of the Secretary of Defense to
carry out the European air defense agree.
ments during fiscal year 1985.
(f/ DEFINITION OF EUROPEAN AIR DEFENSF
AGREEMENTS.-For the purposes of this sec-
tion, the term "European air defense agree-
ments" means-
(1) the agreement entitled "Agreement be-
tween the Secretary of Defense of the United
States of America and the Minister of De-
fense of the Federal Republic of Germany on
Cooperative Measures for Enhancing Air De-
fense for Central Europe", signed on Decem-
ber 6, 1983; and
(2) the agreement entitled "Agreement be-
tween the Secretary of Defense of the United
States of America and the Minister of De-
fense of the Federal Republic of Germany in
implementation of the 6 December 1983
Agreement on Cooperative Measures for En-
hancing Air Defense for Central Europe",
signed on July 12, 1984.
TITLE II-ECOAO.NI(' S(PPORT FCAD
SF,('. 201. PURPOSE'S AND ('.SE'S OF ESP A(THORIZ4-
T/O VS Of APPROPRIAT/O.\S
SEc. 201. (a) POLICY REVISIONS AND AUTHO)?-
IZATIONS OF APPROPRIATIONS.-Chapter 4 of
part II of the Foreign Assistance Act of 1961
is amended by striking out sections 531, 532,
533, 534, 536, 537, 538, 539, and 540 and in-
serting the following new sections after the
chapter heading:
"SEc. 531. AuTHORrn'.-(a/ The Congress
recognizes that, under special economic. po-
litical, or security conditions, the national
interests of the United States may require
economic support for countries or in
amounts which could not be justified solely
under chapter 1 of part I. In such cases, the
President is authorized to furnish assistance
to countries and organizations, on such
terms and conditions as he may determine,
in order to promote economic or political
stability. To the maximum extent feasible,
the President shall provide assistance under
this chapter consistent with the policy direc-
tions, purposes, and programs of part I of
this Act.
"(b) The Secretary of State shall be respon-
sible for policy decisions and justifications
for economic support programs under this
chapter, including determinations of wheth-
er there will be an economic support pro-
gram for a country and the amount of the
program for each country. The Secretary
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July 229, 1985
shall exerctsc this responsibility in coopera-
tion with the Administrator of the agency
primarily responsible for administering part
I of this Act.
?vci As part of the annual presentation
materials for foreign assistance submitted
to the Congress, the agency primarily re-
sponsible for administering this part shall
provide a detailed justification for the uses
and the purposes of the funds provided
under this chapter. Such material shall in-
ciudr. but not be limited to, information
concerning the amounts and kinds of cash
grant transfers. the amounts and kinds of
budgetary and balance-of-payments support
provided, and the amounts and kinds of
project assistance provided with funds made
available under this chapter.
?vdl To the maximum extent feasible,
funds made available pursuant to this chap-
ter for commodity import programs or other
program assistance shall be used to generate
local currencies, not less than 50 percent of
which shall be available to support activi-
ties consistent with the objectives of sections
103 through 106 of this Act, and adminis-
tered by the agency primarily responsible for
administering part I of this Act.
"(e) Amounts appropriated to carry out
this chapter shall be available for economic
programs only and may not be used for mili-
tary or paramilitary purposes.
"SEC. 532. AUTHORIZA77ONS OF APPROPRIA-
roNS.-(a) There are authorized to be appro-
priated to the President to carry out the pur-
poses of this chapter-
"(1) $2.015,000.000 for the fiscal year 1986
and $2.015,000.000 for the fiscal year 1987
for the following countries signing the
Camp David agreement Israel and Egypt,'
and
"(21 $1,785,000,000 for the fiscal year 1986
and $1.785,000,000 for the fiscal year 1987
for assistance under this chapter for recipi-
ents or purposes other than the countries re-
ferred to in paragraph (1).".
"(b) Amounts appropriated to carry out
this chapter are authorized to remain avail-
able until expended.".
(b) EMERGENCY ASSISTANCE.-Section 535 of
such Act is amended-
(11 by striking out "1982" and "1983" in-
serting in lieu thereof "1986" and "1987". re-
spectively: and
(2) by redesignating that section as sec-
tion 533.
SEC. 202. ASSISTANCE FOR THE MIDDLE EAST
(a) ISRAEL.-ill Of the amounts authorized
to be appropriated to carry out chapter 4 of
part II of the Foreign Assistance Act of 1961,
not less than $1,200,000.000 for fiscal year
1986 and not less than $1,200,000,000 for
fiscal year 1987 shall be available only for
Israel.
(2) The total amounts of funds allocated
for Israel under that chapter for fiscal year
1986 and fiscal year 1987 shall be made
available as a cash transfer on a grant
basis. Such transfer shall be made on an ex-
pedited basis in the first 30 days of the re-
spective fiscal year. In exercising the au-
thority of this paragraph, the President shall
ensure that the level of cash transfer made
to Israel does not cause an adverse impact
on the total level of nonmilitary exports
from the United States to Israel.
(b) FGYPr.-fl) Of the amounts authorized
to be appropriated to carry out chapter 4 of
part 11 of the Foreign Assistance Act of 1961,
not less than $815,000,000 for fiscal year
1986 and not less than $815,000.000 for fiscal
year 1987 shall be available only for Egypt
(21 All of the funds made available to
Egypt under that chapter for the fiscal years
1986 and 1987 shall be provided on a grant
basis.
(3) Up to $115,000,000 of the amounts pro-
vided for Egypt for each of the fiscal years
1986 and 1987 pursuant to paragraph (11
may be provided as a cash transfer with the
understanding that Egypt will undertake
economic reforms or development activities
which are additional to those which would
be undertaken in the absence of the cash
transfer.
(C) COOPERATIVE SCIENTIFIC AND TECHNO-
LOGICAL PROJECTS.-It is the sense of the
Congress that, in order to continue to build
the structure of peace in the Middle East, the
United States should finance, and where ap-
propriate participate in, cooperative
projects of a scientific and technological
nature involving Israel and Egypt and other
Middle East countries wishing to partici-
pcte. These cooperative projects should in-
clude projects in the fields of agriculture,
healt), energy, the environment, education,
water resources, and the social sciences.
SEC 203. ASSISTANCE FOR CFPR'S
(a) EARMARKS.-Of the amounts authorized
to be appropriated to carry out chapter 4 of
part II of the Foreign Assistance Act of 1961,
not less than $15,000,000 for fiscal year 1986
and not less than $15,000,000 for fiscal year
1987 shall be available only /or Cyprus.
(b) CYPRUS PEACE AND RECONSTRUCTION
FUND.-It is the sense of the Congress that, at
the appropriate time, $250,000,000 should be
authorized to be appropriated to provide as-
sistance for Cyprus under chapter 4 of part
It of the Foreign Assistance Act of 1961 if
the President certifies to the Congress that
an agreement has been concluded by the
Greek and Turkish Cypriots which is sup-
ported by Greece and Turkey and which
achieves substantial progress toward settle-
ment of the Cyprus dispute. Such or. agree-
ment should include an agreement on Varo-
sha /Famagusta, foreign troop levels in the
Republic of Cyprus, the disposition of the
international airport on Cyprus, or other
significant steps which are evidence of sub-
stantial progress toward an overall settle-
ment of the Cyprus dispute.
SEC. 254. ASSISTANCE FOR PORTUGAL
Of the amounts authorized to be appropri-
ated to carry out chapter 4 of part 11 of the
Foreign Assistance Act of 1961, $80,000,000
for fiscal year 1986 and $80,000,000 for fiscal
year 1987 shall be available only for Portu-
gal.
SEC. 205. ACQIISITIOS OF AGRICILTTR4L CO.MMOD-
ITIES CEDER CO.MMODITp IMPORT PRO-
CRAMS
The President shall use not less than 18
percent of the funds which are authorized to
be appropriated to carry out chapter 4 of
part It of the Foreign Assistance Act of 1961
for each of the fiscal years 1986 and 1987,
and which are made available for commodi-
ty import programs, for the purchase of agri-
cultural commodities of United States
origin.
SEC. Sri TIED AID CREDIT PROGRAM.
Of the amounts authorized to be appropri-
ated to carry out chapter 4 of part 11 of the
Foreign Assistance Act of 1961 which are al-
located for Commodity Import Programs-
(1l not less than $50,000,000 for fiscal year
1986, and
(2) an aggregate of not less than
$100,000,000 for both fiscal years 1986 and
1987,
shall be deposited in the fund authorized by
subsection (c)(2) of section 645 of the Trade
and Development Enhancement Act of 1983
(12 U.S.C. 635x) and shall be used by the
Agency for International Development in
carrying out the program of tied aid credits
for United States exports which is provided
for in that section. Funds that have not been
obligated pursuant to the tied aid credit
program by the end of the third quarter of
the fiscal year for which they were appropri-
ated may be used for other purposes under
chapter 4 of part 11 of the Foreign Assistance
Act of 1961 if the Administrator of the
Agency for International Development certi-
fies to the Congress that (Al no trade credit
application acceptable and timely under the
Trade and Development Enhancement Act
of 1983 is pending, or (B) those funds are
not needed for that program because other
countries are not engaging in predatory fi-
nancing practices in order to compete with
United States exports.
SEC. 207. RESTRI(TIOS 0% GSF OF FTTDS FOR SI
('LEAR FACILITIES
Funds authorized to be appropriated to
carry out chapter 4 of part !1 of the Foreign
Assistance Act of 1961 for fiscal year 1986 or
fiscal year 1987 may not be used to finance
the construction of, the operation or mainte-
nance of, or the supplying of fuel for. any
nuclear facility in a foreith country unless
the President certifies to the Congress that
such country, is a party to the Treaty on the
Non-Proliferation of Nuclear Weapons or
the Treaty for the Prohibition of Nuclear
Weapons in Latin America (the "Treaty of
Ttatelolco"l, cooperates fully with the Inter-
national Atomic Energy Agency, and pur-
sues nonproliferation policies consistent
with those of the United States.
SEC lac FISCAL FEAR 1003 S('PPLEMEST4L .AC-
THORI7ATI0S.
(a) AUFRORrZATioN.-In addition to the
amount appropriated for such purpose by
Public Law 98-473, there are authorized to
be appropriated $2,008,000,000 for fiscal
year 1985 to carry out the purposes of chap-
ter 4 of part 11 of the Foreign Assistance Act
of 1961. of this amount, $1,500,000.000 shall
be available only for Israel, $500,000,000
shall be available only for Egypt, and
$8.000,000 shall be available only for the
Middle East Regional Program. Amounts
appropriated pursuant to this section are
authorized to remain available until Sep-
tember 30, 1986.
(b) EFFECrr-E DATE.-Thu section shall
take effect on the date of enactment of this
Act
T1TLE 111-DEVELOPMENT ASSISTANCE
SEC 20I. DEVELOP.ME.ST ASSISTANCE POLICY.
Section 102(b) of the Foreign Assistance
Act of 1961 is amended by adding at the end
thereof the following new paragraphs:
"(13) United States encouragement of
policy reforms is necessary if developing
countries are to achieve economic growth
with equity.
"(14) Development assistance should, as a
fundamental objective, promote private
sector activity in open and competitive
markets in developing countries, recogniz-
ing such activity to be a productive and effi-
cient means of achieving equitable and long
term economic growth
"115) United States cooperation in devel-
opment should recognize as essential the
need of developing countries to have access
to appropriate technology in order to im-
prove food and water, health and housing,
education and employment, and agriculture
and industry.
"(161 United States assistance should
focus on establishing and upgrading the in-
stitutional capacities of developing coun-
tries in order to promote long term develop-
ment An important component of institu-
tion building involves training to expand
the human resource potential of people in
developing countries. ".
SEC. SOL AGRICULTIRE, RURAL DEVELOPMENT, AND
NITRITIOA:
Section 103(a)(2) of the Foreign Assistance
Act of 1961 is amended by striking out the
first sentence and inserting in lieu thereof
the following.' "There are authorized to be
appropriated to the President for purposes
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 11 6716 CONGRESSIONAL RECORD - HOUSE July 29, 198.3
of this section, in addition to funds other- '(f1 Of the amounts authorized to be ap- standards. such as those developed by the
wise available for such purposes. propriated to carry out this chapter. International Bank for Reconstruction and
$760.000.000 for fiscal year 1986 and $5,000,000 for fiscal year 1986 and Development, and other appropriate meas-
$760.000.000 for fiscal year 1987. Of these $5,000.000 for fiscal year 1987 shall be used urements in determining target populations
amounts. Me President may use such to finance cooperative projects among the for united States development assistance,
amounts as he deems appropriate to carry United States. Israel. and developing coon- and shall strengthen United States efforts to
out the provisions of section 316 of Me tries. ". assure that a substantial percentage of de-
International Security and Development Co- SE(-. SM. PR/YAT1: Se(TOR RE) OL 'Iw: PTVA velopment assistance under this chapter di-
Operation Act of 1980.". Section 108fb( of the Foreign Assistance redly improves the lives of the poormoiori-
SAC. JAL POPELA77ON AND HA'.4LTR Art of 1961 is amended by striking out ty with special emphasis on those indirid-
Section 104(g) of the Foreign Assistance "fiscal year 1984, up to $20.000.000" in the uals living in absolute poverty.
Act Of 1961 is amended to read as follows: first sentence and inserting in lieu thereof '(b1 To the maximum extent possible, at-
"(p1 ALTHOR2A77oNS OF APPROPRIATIONS.- "each of the fiscal year. 1986 and 1987. up deities under this chapter that attempt to
(1) There are authorized to be appropriated to $18.000,000". increase the institutional capabilities of pri-
to the President, in addition to funds other- SEC. Jss. PR/i:47x' AND VOL(1T4RY ORG.4N174TH1\:S' rate orgunizatiOns or governments, or that
wise available for such purposes- AND COOPERATIVES IN OVERSEAS OF.- attempt to stimulate scientific and techno-
"IA) $290,000,000 for fiscal year 1986 and EELOP-YE]T. logical research. shall be designed and moni-
$290.000.000 for fiscal year 1987 to carry out (a) NOTIFICATION DAnn.-Section 123(ei of tored to ensure that the ultimate benefici-
subsection fbi of this section: and the Foreign Assistance Act of 1961 is amend- aries of these activities are the poor maiori-
'vB) $205.000.000 for fiscal year 1986 and ed by striking out "thirty days" in the third ty.
8205.000,000 for fiscal year 1987 to carry out sentence and inserting in lieu thereof "one (b' ANNUAL REPORTs.-Section 6341a((l11B+
subsection (c) of this section. year" of such Act is amended by inserting immedi-
"121 Funds appropriated under this sub- tb) EARMARKING FOR PVOs.-Section 123ffs ately before the semicolon the following:
section are authorized to remain available of such Act is amended- ", such assessment to include an evaluation
until expended. ". (1) by striking out "1982. 1983. and 1984" of the extent to which programs under chap
Sic., ire CMILD SI'RvIlAL FUND. and inserting in lieu thereof "1986 through ter I of part I directly benefit the poor ma-
Section 104(0(2)(B/ of the Foreign Assist- 1989": jority".
ante Act of 1961 is amended by striking out (21 by striking out "twelve" and inserting SFL JIJ HOU'S'ING A\D OTHER G(.4 RA.\'TI PR0.
"$25.000.000" and inserting in two thereof in lieu thereof "thirteen and one half": and
"$25.000.000 for fiscal year 1986 and (3, by adding at the end thereof the follow- GR4.MS
(a/ INCREASING ALTHORIZED HIG PROGRAM
$25.000,000forfiscalyear 1987". ing new sentence: "Funds made available
SIC Jai PROMOTIO.. OF IMMI,VIZATI(I4 AND ORAL under chapter 4 of part 11 of this Act for the LEVEL.-Section 222(a) of the Foreign Assist-
REH7'DRATION. activities of private and voluntary organs- ante Act of 1961 is amended by striking out
(al Ponce AND GOAL-Section 104(c) of cations may be considered in determining "$1.956.000.000" in the second sentence and
the Foreign Assistance Act bf 1961 is amend- compliance with the requirements of this inserting in lieu thereof "$2,158.000,000".
in by adding at the end thereof the following subsection- ". (b) EXTENDING HIG PROGRAM At"THORITr.-
new paragraph: SAY. Ill PROMOTIO.\ OF DEMOCRATIC cOOPERA- Such section is further amended by striking
"(3) The Congress recognizes that the pro- TIIES out "1986" in the third sentence and insert-
motion of primary health care is a major ob- Section 123 of the Foreign Assistance Act ing in lieu thereof "1988 ".
jective of the foreign assistance program of 1961 is amended by adding at the end (c) MINIMUM ANNUAL HIG PROGRAM
The Congress further recognizes that simple. thereof the following new subsection: LEVEts.-Section 222 of such Act is amended
relatively low cost means already exist to "(h) The Congress recognizes that in addi- by adding at the end thereof the following:
reduce incidence of communicable diseases tion to their role in social and economic de- "(k) The total principal amount of guar
among children, mothers, and infants. The velopment, cooperatives provide an oppor- unties issued under this section for each of
promotion of vaccines for immunization, tunity for people to participate directly in the fiscal years 1986 and 1987 shall be com-
and salts for oral rehydration. therefore, is democratic decision making. Therefore, as- parable to the total principal amount of
an essential feature of the health assistance sistance under this chapter shall be provided such guaranties issued for fiscal year 1984.
program To this end, die Congress expects to rural and urban cooperatives which offer subject to the dollar limitations on the issu-
the agency primarily responsible for admin- large numbers of low- and middle-income ance of guaranties under this section which
ister(ng this part to set as a goal the protec- people in developing countries an opportu- are contained in subsection (a/ and in op-
tion of not less than 80 percent of all chil- nity to participate directly in democratic propriation Acts. ".
dren, in those countries in which such decisionmaking. Such assistance shall be de- (d/ AGRIC[7.7,CRA1 AND PRODVCnVE C)?EDrr
agency has established development pro- signed to encourage the adoption of set- AND SELF-HELP COMMrNITT DEVELOPMENT
grams. from immunizable diseases by Janu- help, private sector cooperative techniques PROGRAMS.-Section 222A'hi of such Act is
ary 1. 1991. ". and practices which have been successful in amended by striking out "1986" and insert-
(b) ANNUAL REPORTS.-Each annual report the United States.'-. ing in lieu thereof "1988",
required by section 634 of the Foreign Assist- SEC 311. USE OF PRIVATE AND ;OLI:\T4Rr ORGA,i1- SEC Jie. TRADE CREDIT I%S('R.4N('E PROGRAM.
ance Act of 1961 shall describe the progress ZAT70.\:S (OOPER4TI1ES. AND THE Section 224(e) of the Foreign Assistance
achieved during the preceding fiscal year in PR1r.4TE SE'CroR Act of 1961 is amended by striking out "not
carrying out section 104(c)f31 of such Act rat Snvi.-The Administrator of the to exceed $300,000,000 in the fiscal year
SEC. Jos EDCCATIO.N AND H('MAS RESOURCES DE- Agency for International Development shall 1985" and inserting in lieu therof "except
YELOPME.NT undertake a comprehensive study of addi- that the aggregate amount of outstanding
The second sentence of section 105/aj of lianal ways to provide development assist- commitments under subsection (a) may not
the Foreign Assistance Act of 1961 is amend- ante through nongovernmental or0aniza- exceed $300.000.000 of contingent liability
ed to read as follows: "There are authorized Lions. including United States and indige- for loan principal during fiscal year 1916
to be appropriated to the President for the noun private and voluntary organizations, and may not exceed $400.000.000 of contin-
purposes of this section. in addition to cooperatives. the business community. and and liability for loan principal during
funds otherwise available for such purposes. other private entities. Such study shall in genz
year 7987".
$180.000,000 for fiscal year 1986 and chide- jaSECcal ! 311 yarn8 -ASIDE.
$180.000,000 for fiscal year 19.47. which arc (1/ an analysis of the percentage of devel-
authorizcd to remain arailab:r until ex- opment assistance allocated to governmen- Except to the extent that the Administra-
pended. ". tat and nongovernmental programs: tor of the Agency for International Develop
SE(347 ENERG}, PRIrATE 10I.r'VTARr ORGASIZ4- (2/ an ancli'sis of structural impediments. ment determines otherwise. not less than 10
TiONS, AND SELECTED DEVELOPMF..Nr within both the United States and foreign percent of the aggregate of the funds made
ACT7UTTIRS governments. to additional use of nongor- available for each of the fiscal year 1986 and
(a' AcmloRIZATIONS.-Section 1061elr1/ of ernmental programs: and 1987 to carry out chapter 1 of part I of the
the Foreign Assistance Act of 1961 is amend (3) an analysis of the comparative eco- Foreign Assistance Act of 196l shall be made
cd to read as follows: nomie benefits of governmental and nongor- available only for activities of economically
"(elf!/ There are authorized to be appro- ernmental programs and socially disadvantaged enterprises
priated to the President for purposes of this (b( Rieoit-The Administrator shall (within the meaning of section 133(c)151 of
section. in addition to funds otherwise repast the results of this study to the Con- the International Development and Food As.
available for such purposes, $207,000,000 for press no lates-than September 30. 1986. sistance Act at 19721, historically black col-
fiscal year 1986 and $207,000.000 for fiscal SEC JIL TARGETED ASSISTANCE. leges and universities, and private and vol-
year 1987.': (a; REQUJREMEN7S.-Section 128 of the For- untay organizations which are controlled
fbi COOPERATIVE DrvrtoPIWZNT PROGRAM.- sign Assistance Act of 1981 is amended to by individuals who are black Americans,
Section 06 of such Act is amended by read as follows' Hispanic Americans, or Native Americans,
adding at the end thereof the following new "Ssc. 128. TARGETED ASSISTANCE.-la) The or who are economically and socially disad-
subsection: President shall use poverty measurement vantaged (within the meaning of section
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 July 29, 1985 CONGRESSIONAL RECORD - HOUSE H 6711
133(c)15)(B) and (C) of the International De- Notwithstanding section 614 of the Foreign Arms Export Control Act may not be made
velopment and Food Assistance Act of 1977). Assistance Act of 1961 or any other provi- available under this chapter.
For Purposes of this section, economically sion of law, $10,000,000 of the funds appro- "(B) For fiscal years 1986 and 1987, artt-
and socially disadvantaged individuals priated for the fiscal year 1985 to carry out des on the United States Munitions List
shall be deemed to include women, chapter 3 of Part I of such Act shall be avail- may be made available under this chapter
TITLEIV-OTIIERFOREIGN ASSISTANCE able only for the United Nations Environ- if-
PROGRAMS ment Program. This subsection shall take "Ii) they are small arms in category I (re-
SEC. 401. AMERICAN SCHOOLS AND HOSPIT4LS effect on the date of enactment of this Act lating to firearms), ammunition in category
III (relating to ammunition) for small arms
ABROAD.
Section 214(c) of the Foreign Assistance SEC 10J. R'1TII110LDL\G OF C.\'lTED STATES PROP(IR. in category I, or articles in category (re-
Act of 1961 is amended to read as follows' TIO.N.4TE SHARE FOR CERT4I.N PRO. luting to protective personnel equipment.
'70(1) To carry out the purposes of this GRAMS OF IATERNATIO\AL ORGA.\'IZA- and they are directly re.ated to anti-terror-
section, there are authorized to be appropri- TION:S ism training being provided under this
ated to the President $35,000,000 for fiscal Chapter 3 of part I of the Foreign Assist- chapter;
year 1986 and $35,000,000 for fiscal year ance Act of 1961 is amended by adding at "(ii) the recipient country is not prohibit-
the end thereof the following new section: ed by law from receiving assistance under
1982 "Sec. 307. WmD1OLDING OF UNITED STATES one or more of the following provisions:
"(2) Amounts
authorized to appropriated under
remain available ilabvailablle e PROPORTIONATE SHARE FOR CERTAIN PRO- chapter 2 of this part, chapter 5 of this part,
graph Ill l are authorized OF INTERNATIONAL ORGANIZATIONS.-(a) or the Arms Export Control Act; and
until til upended". Notwithstanding any other provision of "(iii) at least 15 days l~!ore the articles
TIO,\'AL ORGANIZATIONS AND 41L TO O A C2\T NS TO ND PRO- law, none of the funds authorized to be ap- are made available to the foreign country,
G/.
GRAMS propriated by this chapter shall be available the President notifies the Committee on For-
(a) Av7w0P. ZATroNS AND EARA:ARKrN'GS.- for the United States proportionate share for eign Affairs of the House of Representatives
Section 302(a)(1) of the Foreign Assistance Programs for the South-West Africa People's and the Committee on Foreign Relations of
Act of 1961 is amended to read as follows: Organization, Libya, Iran, Cuba, or the Pal- the Senate of the proposed transfer. in ac-
"(a)(1) There are authorized to be appro- estine Liberation Organization or for cordance with the procedures applicable to
priated to the President $270,000,000 fbr projects whose purpose is to provide benefits reprogramming notifications pursuant to
fiscal year 1986 and $270,000,000 for fiscal to the Palestine Liberation Organization or section 634A of this Act.
year 1987 for grants to carry out the pur- entities associated with it "ICI The value (in terms of original acqui-
poses of this chapter, in addition to funds "(b) The Secretary of State- sition cost) of all equipment and commod-
available under other Acts for such pur- "(1) shall review, at least annually, the ities provided under subsection (a) of this
poses. Of the amount appropriated for each budgets and accounts of all international section, including articles described in sub-
of the fiscal Years 1986 and 1987 pursuant to organizations receiving payments of any paragraph (B)(i) of this paragraph, may not
these authorizations- funds authorized to be appropriated by this exceed $325,000 in fiscal year 1985 or
"(A) 59.65 percent shalt be for the United chapter; and $325,000 in fiscal year 1987. ".
Nations Development Program,' "(2) shall report to the appropriate com- (c) RESTRICTION.-Section 573 of such Act
"(B) 19.30 percent shall be for the United mittees of the Congress the amounts of funds is amended by adding at the end thereof the
Nations Children's Fund; expended by each such organization for the following new subsection,
"(Cl 7.20 percent shall be for the Interna- purposes described in subsection (a( and the "If) Funds made available to carry out
tional Atomic Energy Agency, except that amount contributed by the United States to this chapter may not be used for personnel
these funds may be contributed to that each such organization. ". compensation or benefits. ".
Agency only if the Secretary of State deter- SEC. 404. INTERNATIONAL DISASTER ASSISTANCE fit) EXPIRATION OF AULNORITY.-Section 577
mines (and so reports to the Congress) that The first sentence of section 4921a) of the of such Act is repeated.
Israel is not being denied its right to partici- Foreign Assistance Act of 1961 is amended SEC. 615. COORDINATION OF ALL UNITED STATES
pate in the activities of that Agency; to read as follows: "There are authorized to ANTI-TERRORISM ASSISTM.NC'E-IO FOR.
"(D) 5.44 percent shall be for organization be appropriated to the President to carry EIG.N COLNTR/ES
of American States development assistance out section 491, $25,000,000 for fiscal year (a) COORDLHAT,ON.-The Secretary of State
programs: 1986 and $25,000,000forfiscal year 1987.'. shall be responsible for coordinating all
"(E) 3.51 percent shall be for the United SEC. U. TIL4DE AND DEI'ELOPNE.NT PROGRAM. anti-terrorism assistance to foreign coun-
Nations Environment Program: The first sentence of section 661(b) of the trim Provided by the United States Govern-
"(F) 0.70 Percent shall be for the World Me- Foreign Assistance Act of 1961 is amended ment.
teorological Organization; to read as follows: "There are authorized to IN REPORTS.-Not later than February 1
-(GI 0.70 percent shall be for the United be appropriated to the President for pur- each year, the Secretary of State. in consul-
Nations Capital Development Fund poses of this section, in addition to funds tation with appropriate United States Gov-
711) 0.35 percent shall be for the United otherwise available for such purposes, ernment agencies, shall report to the appro-
Nations Education and Training Program $20,000,000 for fiscal year 1986 and priate committees of the Congress on the
for Southern Africa: $20,000,000 for fiscal year 1987. ". anti-terrorism assistance provided by the
"(1) 0.18 percent shall be for the United SEC 406. OPERA TL 'G Ea"PE.\SES United States Government during the Pre-
Nations Voluntary Fund for the Decade for Section 667(a)(1) of the Foreign Assistance ceding fiscal year. Such reports may be Pro-
Women? videit on a classified basis to the extent nec-
and essary, and shall specify the amount and
-
ti on 0.I7 eratio al Trade be for Endangered anger d "Act(1lof 1961 ) l $38 is oam00 for fiscal read a follows:
Son es International Tin Endangered 0.000 for fiscal for year f Year for n - nature of the assistance provided.
pecft: $SEC $ L PROHIBITION ON ASSISTANCE TO CO1:%-
"!K/ 0.70 percent shall be for the World aar ry operating expenses s of the e agenc1, y pri- TRIES SUPPORTING INTER\'ATIO\AL
Food Program: manly responsible ble for for administering part I TERRORISM.
"(L) 0.18 percent shall be for the United of this Act- and" : (a) PROHrTERRO.-Section 620A of the For-
Nations Institute for Namibia,- TITLE V_INTER.NATIO.NAL TERRORISM AND eign Assistance Act of 1961 is amended to
"(M) 0.12 percent shall be for the United FOREIGN AIRPORT SECURITY read as follows:
Nations Trust Fund for South Africa' Part A-International Terrorism Generally "SEC. 620A. PROHIBRTo,v ON ASSISTANCE To
"(N) 0.04 percent shall be for the United
Nations Voluntary Fund for Victims of Tor- SEC. 511. ANTI-TERRORISM ASSISTANCE PROGRAM. COUNTRIES SUPPORTING INTERNATIONAL TER-
ture! (a) AUTIiORIZATIONS.-Section 575 of the Rorusx.-(W The United States shall not pro-
"(0) 0.07 percent shall be for the United Foreign Assistance Act of 1961 is amended id.e nT Trade Development and t, thei aAgri-
Nations Industrial Development Organiza- to read as follows: nce
tion; "Sec. 575. AUrHORIZATIONS or APPROPRIA- Act of 1954, the Peace Corps Act, or the Arms
"(P) 0.55 percent shall be for the United rroNs.-(a) There are authorized to be appro- Export Control Act, to any country which
Nations Development Program Trust Fund priated to the President to carry out this the President determines-
to Combat Poverty and Hunger in Africa; chapter $9,840,000 for fiscal year 1986 and "(1) grants sanctuary from prosecution to
"(Q) 0.97 percent shall be for contribu- $9,840,000 for fiscal year 1987. any individual or group which has commit-
tions to international conventions and sci- "(b) Amounts appropriated under this sec- led an act of international terrorism, or
entific organizations: tion are authorized to remain available "(2) otherwise supports international ter-
"(R) 0.18 Percent for the United Nations until expended ". rorism.
Centre on Human Settlements (Habitat); (b) ITEMS ON THE MUNITIONS LIST.-Section "(b) The President may waive the applica-
and 573(d)(4) of such Act is amended to read as tion of subsection (a) to a country if the
"(S) 0.09 percent shall for the World Herit- follows: President determines that national security
age Fund". "(4)(A) Except as provided in subpara- or humanitarian reasons justify such
(b) FISCAL YEAR 1985 CONTRIBUTION To graph (B), articles on the United States Mu- waiver. The President shall publish each
UNITED NATIONS ENr7RoN:.E..NT ProGRAM.- nitions List established pursuant to the waiver in the Federal Register and at least
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 15 days before the wairer takes effect. shall
notify the Committee an Foreign Affairs of
the House of Representatives and the Com-
mittee on Foreign Relations of the Senate of
the waiver (including the justification for
the waiver/ in accordance with the proce-
dures applicable to reprogramming notifica-
tions pursuant to section 634A of this Act.
"(Cl If sanctions are imposed on a country
pursuant to subsection fat because of its
support for international terrorism, the
President should call upon other countries
to impose similar sanctions on that coun-
(b) COhroRMING AreEnvar?rr.-Section 30
of the Arms Export Control Act is amended
by striking out ", credits, and guaranties"
and ", credits. or guaranlier" each place
they appear.
vec. sod PRORIB/TIOS 0% IMPORTS flOM 41'O Le
PORTS TL LI11A.
(a) PRORTRTTTON Oh IMPORTS.-Notwith-
standing any other provision of taw, the
President may prohibit any article grown,
produced. extracted. or manufactured in
Libya from being imported into the United
States
fbf PRolnsrnoN on EXPORTS.-Notwith-
standing any other provision of law, the
President may prohibit any goods or tech-
nology. including technical data or other in-
formation, subject to the jurisdiction of the
United States or exported by any person sub-
ject to the jurisdiction of the United States,
from being exported to Libya
(r( DEnNmoN.-For purposes of this sec-
lion. the term "United States' when used in
a geographical sense, includes territories
and possessions of the United States.
SY( sr 111' ON IMPORTTNC GOODS AND SERIACES
PROM (OChIWIL:h S1'PPORTIVt: TER-
&OREM
(al AvswORITY.-The President may ban
the importation into the United States of
any good or service from any country which
supports terrorism or terrorist organiza-
tions or harbors terrorists or terrorist orga-
nizations,
fbf ComsmrATrox.-The President, in every
possible Instance. shall consult with the
Congress before exercising the authority
granted by this section and shall consult
regularly with the Congress so long as that
authority is being exercised
Ic/ REPoRTS.-Whenever the President ex-
ercises the authority grunted by this section,
he shall immediately transmit to the Con-
gress a report specifying-
(1/ the country with respect to which the
authority is to be exercised and the imports
to be prohibited;
121 the circumstances which necessitate
the exercise of such authority:
(3) why the President believes those cir-
cumstances justify the exercise of such au-
thority: and
f4) why the President believes the prohibi-
tions are necessary to deal with those cir-
cumstances,
At least once during each succeeding 6-
month period after transmitting a report
pursuant to this subsection, the President
shall report to the Congress with respect to
the actions taken, since the last such report,
pursuant to this section and with respect to
any changes which have occurred concern-
ing any information previously furnished
pursuant to this subsection.
(d) DEnNrrIav.-For purposes of this sec-
tion, the term "United States" includes ter-
ritories and possessions of the United States.
SEC SK INTMRYATIONAL ANTI-TERRORISM CO.MMIT-
TEs
The Congress calls upon the President to
seek the establishment of an international
committee. to be known as the International
Anti-Terrorism Committee, consisting of
representatives of the member countries of
the North Atlantic Treaty Organization,
Japan, and such other countries as may be
tnrited and may chose to participate. The
purpose of the Committee should be to focus
the attention and secure the cooperation of
the governments and the public of the par-
ticipating countries and of other countries
on the problems and responses to interna-
tional terrorism, by serving as a forum at
both the political and law enforcement
lerels.
SEC u; I%TEB%ATI(c+At. rZARORISN CONTROL
TRLA n.
it is the sense of the Congress that the
President should establish a process by
which democratic and open societies of the
world which are those most plagued by ter-
roram negotiate a viable treaty to effective-
IV prevent and respond to terrorist attacks.
Such a treaty should incorporate an opera-
tive definition of terrorism, and should es-
tablish effective close intelligence-sharing,
joint counterterrorist training. and uniform
laws on asylum, extradition, and swift pun-
ishment for perpetrators of terrorism. Par-
ties to such a treaty should include, but not
be limited to, Viose democratic nations who
are most victimized by terrorism
SEC sss STATE TERRORISM
It is the sense of t e Congress that all civ-
ilized nations should firmly condemn the in-
creasing use of terrorism by certain states as
an official instrument for promoting their
policy goals, as evidenced by such examples
as the brutal assassination of Mayor Arthur
D. Nicholson, Junior, by a member of the
Soviet armed forces,
Part d-Fo eyn Aigart Seeuriip
SEC. 551. SECIRITT STANDARDS MR FVRER,'% AIR
TRA.NSPORTATRLI:
(a/ S?CCRITY AT FOREIGN ATRPoers.-Sec-
tion 1115 of the Federal Aviation Act of 1958
(49 U.S.C. App. 1515,' is amended to read as
follows:
"SErrRTrY STARDARDs rn FoRE,wc-AIR
TRANSPOR2U770N
ASSESSMENT OF stCURrl7 MEASURES
"Sec. 1115. (4)111 The Secretary of Trans-
portation shall conduct at such intervals as
Use Secretary shall deem necessary an assess-
ment of the effectiveness of the security
measures maintained at those foreign air-
ports being served by air carriers, those for-
eign airports from which foreign air carriers
serve the United States, those foreign air-
ports which pose a high risk of introducing
danger to international air travel, and at
such other foreign airports as the Secretary
may deem appropriate.
"(2) Each such assessment shall be made
by the Secretary of Transportation in con-
sultation with the appropriate aeronautic
authorities of the foreign government con-
cerned and each air carrier serving the for-
eign airport at which the Secretary is con-
ducting such assessment.
"(3) The assessment shall determine the
extent to which an airport effectively main-
tains and administers security measures. In
making an assessment of any airport under
this subsection, the Secretary shall use a
standard which will result in an analysis of
the security measures at such airport based
upon, at a minimum, the standards and up-
propriate recommended practices contained
in Annex 17 to the Convention on Interna-
tional Civil Aviation, as those standards
and recommended practices are in effect on
the date of such assessment
" ONSULTA77ON WITH THE SECRETARY OF STATE
"fbi In carrying out subsection sal, the
Secretary of Transportation shall consult
the Secretary of State with respect to the ter-
rorist threat which exists in each country.
The Secretary of Transportation shall also
consult with the Secretary of State in order
to determine which foreign airports are not
under the de facto control of the government
of the country in which they are located and
pose a high risk of introducing danger to
international air travel.
"REPORT OF ASSESSMENTS
"(cl Each report to the Congress required
by section 315 of this Act shall contain a
summary of the assessments conducted pur-
suant to subsection (a).
"NOTFTCJ77ON 7%) rowUGN ant' Y OF
DETERXrNAnON
"Idr Whenever, after an assessment in ac-
cordance with subsection (al, the Secretary
of Transportation determines that an air-
port does not maintain and administer ef-
fective security measures. jJte Secretary
tarter advising the Secretary bf State) shall
notify the appropriate authorities of such
foreign government of such determination,
and recommend the steps necessary to bring
the security measures in use at that airport
up to the standard used by the Secretary in
making such assessment.
"NOTICE AND SANCTIONS
"l10(1l Paragraph (21 of this subsection
shall become eL'ect4ne-
"(Al 90 days after notification to the for-
eign government pursuant to subsection Id),
if the Secretary of Transportation finds that
the foreign government has failed to bring
the security measures at the identified air-
port up to the standard used by the Secre-
tary in making an assessment of such air-
port under subsection (a1,? or
"(B) immediately upon the Secretary of
Transportation's determination under sub-
section Ids if the Secretary of Trvnsporta-
tion determines, after consultation tgiih the
Secretary of State, that s condition exists
that threatens the safety or security of pas-
sengers, aircraft, or crew traveling to or
from such airport
The Secretary of Transportation shall imme-
diately notify the Secretary of State of any
determination made pursuant to subpara-
graph (B/ so that the Secretary of State map
comply with the requirement of section
552(a) of the International Security and De-
velopment Cooperation Act of 1985 that a
travel advisory be issued
"(2) Subject to paragraph Ill, if the Secre-
tary of Transportation determines pursuant
to this section that an airport does not
maintain and administer effective security
measures-
"(A) the Secretary of Tranaporiation-
"(ii stall publish the identity of such air-
port in the Federal Register,
"fit) shall cause the identity a/ such air-
port to be posted and prominently displayed
at all United States airports regularly being
served by scheduled air carrier operations,
and
"tiii/ shat notify the news media of the
identity of such airport;
"(El each air carrier and foreign air carri-
er providing service between the United
States and such airport shall provide notice
of such determination by the Secretary to
any passenger purchasing a ticket for trans-
portation between the United States and
such airport, with such notice to be made by
written material included on or with such
ticket.'
'YC0 the Secretary of Transportation, after
consultation with the appropriate aeronau-
tical authorities of the foreign government
concerned and each air carrier serving such
airport, may, notwithstanding section 1102
of this Act and with the approval of the Sec-
retary of State. withhold, revoke, or impose
conditions on the operating authority of
any air carrier or foreign air carrier to
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CONGRESSIONAL RECORD - HOUSE H 6713
,swaor to foreign air trantportuttOli utiltt-
eas r r0, airport and
~D) fAe president may prohibit air carri-
on a_j laregg4 air carriers from providing
s++~~ Ott , KwcR the Vnited States and airport which is directly orain-
dtrvc o erved by aircraft flying to or from
r airt with respect to which the deter-
080101011 is made under this section.
-v1) Ttr Secretary of Transportation shall
~,.rpt/y submit to the Congress a report
rtrtti a cltust Led annex if necessary) on any
k?rnn taken under this subsection, setting
Ts+M iwtormatton concerning the attempts
ssaar to secure the cooperation of the for-
m04 pavernment in meeting the standard
owd by the secretary in making the assess-
ment of the airport under subsection (a).
"LJFT7NO Or SAAK-77ONS
-tfNl, The sanctions required to be im-
posed with respect to an airport pursuant
s.bset'tron fe)(21 (Al and (B) may be lifted
0,411, it the Secretary of Transportation, in
consultation Leith the Secretary of State, has
determined that effective security measures
are maintained and administered at that
air The Congress shall be notified if any
jz, sanction imposed pursuant subsection (e) is
tined.
"A I'7710RrrY FOR IKM?DIATT SUSPENSION OF AIR
SERVICE
'vg) Notwithstanding sections 1102 and
1114 of this Act, whenever the Secretary of
Transportation determines that-
??(i a condition crisis that threatens the
safety or security of Passengers, aircraft or
crew traveling to or from a foreign airport,
Jitlr i9. 1985
and The Secretary of State shall take the neces-
"(P the public interest requires an tmme-
equ sorry steps to widely publicize that travel ad-
engage in foreign air eransporLanon w or to which section 1115te)(2) of the Federal
from that foreign airport and the right of Aviation Act of 1958 becomes effective if the
any person to operate aircraft in foreign air Secretary of State determines that such
commerce to or from that foreign airport country is a high terrorist threat country.
"CONDITIONS or A UrHORJTY The President may waive the requirements
"(h) The provisions of this section shall be of this subsection if the President deter-
deemed to be a condition to any authority mines and reports to the Congress that na-
eral and bilateral agreement on strengthen-
ing enforcement measures and standards for
compliance with respect to aircraft sabo-
tage, aircraft hijacking, and airport securi-
ty.
1
e
out no cc or v under the Foreign Assistance Act of 196 or
of the Secretary OJ State, suspend the right the Arms Export Control Act to any country SEC. 557. RESEARCH O. AIRPORT SEftRTlt ' T?CH-
- N1af ES FOR DE7VM G XAP1,OSn ES
"(d) Notification to foreign country of de-
termination.
"(e) Notice and sanctions.
"(f) Lifting of sanctions.
"(g) Authority for immediate suspension of
air service.
"(h) Conditions of authority.".
(c) CLOSING or BE/R LT INTERNATIONAL AIR-
PORT-I1 is the sense of the Congress that
the President is urged and encouraged to
take all appropriate steps to carry forward
his announced policy of seeking the effective
closing of the international airport in
Beirut Lebanon, at Least until such time as
the Government Of Lebanon has instituted
measures and procedures designed to pre-
vent the use of that airport by aircraft hi-
jackers and other terrorists in attacking ci-
rests without warrant for any offense
against the United States committed in
their presence, or for any felony cognizable
under the Laws of the United States, if they
have reasonable grounds to believe that the
person to be arrested has committed or is
committing a felony.
Set. 554. E.4'I'ORC?vr. T OF LATER'4110Aa1 C1111,
A IIA TION ORGANIZATION STANDARDS
The Secretary of State and the Secretary of
Transportation- jointly, shall call on the
member countries of the International Civil
Aviation Organization to enforce that Orga-
nization's existing standards and to support
United States actions enforcing such stand
arils
their aircraft or taking Or holding their pas- It it the sense of the Congress that the
servers hostage Presidenf-
FOREIGN ASSISTANCE SEC. 55I TRAVEL ADVISOR)' AND SISP?.NSION' Of Ill should call for an international tNvi!
(a) TRAVEL ADViSORr.-Upon being riots- aviation boycott with respect to those coun-
fied by the Secretary of Transportation that truce which the President determines-
the Secretary has determined, pursuant to (A) grant sanctuary from prosecution to
subsection (e)(1)(B) of section 1115 of the any individual or group which has commit-
Federal Aviation Act of 1958 that a condi- ted an act of international ter'rorism'., or
tion exists that threatens the safety or secu- (B) otherwise support international ten-
rity of passengers, aircraft, or crew travel- rorism: and
ling to or from a foreign airport which the (2) should take steps, both bilateral and
Secretary of Transportation has determined multilateral, to achieve a total internation-
pursuant to that section to be an airport ci civil aviation boycott with respect to
which does not maintain and administer ef- those countries.
fictive security mteaSUreJ, the Secretary of SEC. 5S5 Mt LTILATERAL AND BILA TER4L AGREE-
State shall immediately issue a travel advi- YENS WITH RESPECT TO AIRCR.41T
gory with respect to that airport Any travel SAROTACE. AIRCRAFT HIJACAING. AND
advisory issued pursuant to this subsection AIRPORTSA'CIRITY.
shall be published in the Federal Register. The Secretary of State shall seek multilat-
the Secretary of Transportation shall, with- The President shaA suspend all assistance
arin and with the approval
t h
Section 315(a) of the Federal Aviation Act of 1958, the Secretary of Transportation, in celebrating the release of the hostages taken
1958 f49 U.S.C. App. 1356(a)) is amended by consultation with the Secretary of State, has from Trans World Airlines flight 847. It is
adding at the end thereof the following new determined that effective security measures the sense of the Congress that-
sentence. "Each semiannual report submit- are maintained and administered at the air- (1) purser V74 Derickson, pilot John Tes-
ted by the Administrator pursuant to the port with respect to which the Secretary of traJce, co-pilot Philip Maresca, flight engi-
preceding sentence shall include the infor- Transportation had made the determination veer Benjamin Zimmermann, and the rest
motion described in section 1115(c) of this described in section 1115 of that Act of the crew of Trans World Airlines flight
Act ". Idl NOTIFICATION 70 CONGRESS.-The Con- 847 displayed extraordinary valor and hero-
(2) CIVIL PENALTIES.-Section 901(a)(I) of gress shall be notified if any sanction im- is,A diMrg the hostages' ordeal and there-
the Federal Aviation Act of 1958 (49 U.S.C. posed pursuant to this section is lifted, fore should be commended,'
App. 14711?)/1)) is amended by inserting "or NEC 551 CNI7ED97.4TESAIRNARSHRLPROG'R4M. (2) the hijackers who murdered United
1115(e)(2)(B)" after "1114. (a) STUDY of NEED FOR EXPANSION or PRO- States Navy Petty Officer Stethem should be
(3) TARrr of eoNTENTS.-That portion of GRAM.-The Secretary of Transportation, in immediately brought to justice;
the table of contents contained in the first coordination with the Secretary of State, (3) all diplomatic means should bontinue
section of the Federal Aviation Act of 1958 shall study the need for an expanded air- to be employed to obtain the release of the 7
which appears under the center heading marshal program on international flights of United States citizens previously kidnapped
"TITLE XI-MISCELLANEOUS" United states air carriers. The Secretary of and still held in Lebanon:
is amended by striking out Transportation shall report the results of (4) acts of international terrorism should
"Sec. 1115. Security standards in foreign air this study to the Congress within 6 months be universally condemned,' and
transportation.". after the date orenartment of this Act (50 the Secretary of State should be sup-
and inserting in lieu thereof Ibl AUm0RITY TO CARRY FIREARMS AND ported in his efforts to pain international
"Sec. 1115. Security standards In foreign air MARX ARRESTS.-The Secretary of Transpar? cooperation to prevent future acts of terror-
transportation. taiion, with the approval of the Attorney ism
"(a) Assessment of security measures. General and the Secretary of State, may au- SEC. ssi. EFFE(Tn'A DAVE.
"(b) Consultation with the Secretary of thorize persons, in connection with the per-
State. formance of their air transportation securi- This part shall take effect on the date of
"Sc) Report of assessments. ty duties, to carry firearms and to make ar- enactment of this Act
tional airports, there are authorized to be
appropriated to the Secretary of Transporta-
tion from the Airport and Airway Trust
Fund (in addition to amounts otherwise
available for such purpose) 85,000,000, with-
out fiscal year limitation, to be used JOY re-
search on and the development of airport Se-
to any air carrier or any foreign air carrier, emergency require such waiver. curtly devices or techniques for detecting ex-
to
under authority vested in the Secre- (C) LIFTING SANCTION's.-The sanctions re- plosives.
tarp of Transportation. quired to be imposed pursuant to this sec SEC. AM H1J4CA7NGOF TPA FZKHTsf%AND OTHER
(b) CONFORMING AMENDAiENTS.- Lion may be lifted only iff, pursuant to see- ALTS OF TERRORISM.
II) INFORMATION IN SEMIANNUAL REPORTS.- tiara 1115(f) of the Federal Aviation Act of The Congress joins with all Americans in
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-- ? - - 4.vlvuK1tNb1ONAL RECORD - HOUSE July 29, 1985
TITLE VI-ISTERYA TIOA'AL A.1R('OTICS United States from being Present during SEC ill. AtiVSTA N(E FY)R SOLl114.
CONTROL direct police arrest actions with respect to Assistance may be provided to Bolivia for
SEC. W. SHORT TITLE. narcotic control efforts in a foreign country
This title may be cited as the "Interna- to the extent that the Secretary of State and fiscal years 1986 and 1987 under chapter 2
(relating to grant military assistance), chap-
tional Narcotics Control Act of 1985the government of that country agree to ter 4 (relating to the economic support
SEC. ul. A(THORIZATIO.NS FOR INTER.%ATIO%AL such an exemption. The Secretary of State fund), and chapter 5 (relating to interna-
AARCOTHSCO.NTROLASSISTA%(G shall report any such agreement to the Con- tional military education and training) or
Subsection (a)(1) of section 482 of the For- press before the agreement takes effect,' part 11 of the Foreign Assistance Act of 1961,
eign Assistance Act of 1961 is amended to SEC. ne ANNUAL REPORTS O.N /A9'OLI'E.NE%T OF and under chapter 2 of the Arms Export
read as follows: FOREIGN ('01NTRIES IN ILUCIT DR 16 Control Act (relating to foreign military
"(a)(Il To carry out the purposes of sec- TRAFFIC sales financing). only under the following
tion 481, there are authorized to be appro. Section 481(e) of the Foreign Assistance conditions:
printed to the President $57,529,000 for Act of 1961 is amended by adding at the end (!) For fiscal year 1986-
fiscal year 1986 and $57,529,000 for fiscal thereof the following new paragraph- (A) up to 50
year198Z". "(6) Each report Pursuant P Descant o tca aggrrgate
SEC. u5. DEI"ELOPMEAT AND ILLICIT NARCOTICS tion shall desr~be the volvement of any livia mof be e such provided assistance at any time me allocated after osr the
livia may the
PRODI TIO.N. foreign government (including any conimu- President certifies to the Congress that the
Section 126(b) of the Foreign Assistance nut government) in illicit drug trafficking Government of Bolivia has enacted legisla-
Act of 1961 is amended- during the Preceding fiscal year, including- tion that will establish its legal coca require.
(1) by inserting "and under chapter it of "(A) the direct or indirect involvement of menu, Provide for the licensing of the
part 11" immediately after "this chapter'; such government (or any official thereof) in number of hectares necessary to produce the
and the production, Processing, or shipment of legal requirement, and make unlicensed
(2) by inserting ?"(1)" after "(b)" and by narcotic and psychotropie drugs and other coca production illegal,' and
adding at the end thereof the following new controlled substances, and (B) the remaining amount of such assist-
Paragraph' "(B) any other activities of such govern- ance may be provided at any time following
(2) The agency primarily responsible for ment (or any official thereof) which have fa- a certification pursuant to subparagraph
administering this part may utilize re- cilitated illicit drug trafficking (A) if the President certifies to the Congress
for activities aimed at increasing SEC. u:. PROCt'REMEAT OF WEAPONS TV DEFEND that the Government of Bolivia achieved the
awareness of the effects of production and AIR(RAFT INTOLI'ED /N NARC'OTIC'S eradication targets for the calendar year
trafficking of illicit narcotics on source and CONTROL EFFORTS 1985 contained in its 1983 narcotics agree-
transit countries.': Of the funds available to carry out chapter ments with the United States.
SEC. W REPORTS ON INTERSATIONAL ,AR(OTI(S 2 of part 11 of the Foreign Assistance Act of (2) For fiscal year 1987, such assistance
CONTROLASSISTANCE 1961 (relating to grant military assistance), may not be provided unless the President
Section 481 (b) of the F
i
ore
gn Assistance $1,000,000 for each of the fiscal years 1986
Act of 1961 is amended to read as follows: and 1987 shall be made available to arm, for
"(b)(1) Not later than 45 days after the end defensive purposes, aircraft used in narcotic
of each calendar quarter, the President shall control eradication or interdiction efforts.
transmit to the Speaker of the House of Rep- The Committee on Foreign Affairs of the
resentatives, and to the Committee on For- House of Representatives and the Commit.
eign Relations of the Senate, a report on the tee on Foreign Relations of the Senate shall
Programming and obligation, on a calendar be notified of the use of any such funds for
basis, of funds under this chapter prior to that purpose at least 15 days in advance in
the end of that quarter. The last such report accordance with the reprogramming proce-
for each fiscal year shall include the aggre- dures applicable under section 6344 of the
gate obligations and expenditures made, Foreign Assistance Act of 1961.
and the types and quantity of equipment SEC u8 REQIIRENE..T FOR COST-SHARING IN
Provided, on a calendar quarter basis, prior INTERNATIONAL NARCOTICS CONTROL
to end of that fiscal year- ASSISTANCE PROGRAMS
"(A) to carry out the purposes of this chap- Section 482 of the Foreign Assistance Act
ter with respect to each country and each of 1961 is amended by adding at the end
international organization receiving assist- thereof thefollowing new subsection:
ance under this chapter, including the cost ?(d) Assistance may be provided under
of the United States personnel engaged in this chapter to a foreign country only if the
carrying out such purposes in each such country provides assurances to the Presi-
country and with each such international dent, and the President is satisfied, that the
organization,' count will
(B) to carry out each program conducted st py nor tileast t pprogr of
under this chapter in each country and by the costs of any narcotcs control program,
project, international organization, including once ne is to be a provi for which is bassisy
costa borne by
the cost of United States personnel engaged the tomay include fed .or
in
in carrying out each such program,- and country may nclude 'in-kind' contribu-
for administrahn...,..,..... .-a-
certifies certifies to the Congress that the Govern-
ment of Bolivia has developed a plan to
eliminate illicit narcotics production coun-
trywide and is prepared to enter into an
agreement with the United States to imple-
ment that plan. If that certification is made,
then-
(A) up to 50 Percent of the aggregate
amount of such assistance allocated for Bo-
livia may be provided at any time after the
President certifies to the Congress that the
Government of Bolivia has achieved at least
half of the eradication target for the calen-
dar year 1986 agreed to by the United States
and the Government Of Bolivia,- and
(B) the remaining amount of such assist.
ance may be Provided at any time after the
President certifies to the Congress that the
Government of Bolivia fully achieved that
eradication target
SEC. ill. ASSISTANCE 7O PER!
(a) COADT17ONS ON ASSISTANCE.-United
States assistance (as defined by section
481(i)(4) of the Foreign Assistance Act of
1961) may be provided for Peru-
(1) for fiscal year 1986, only if the Presi-
dent reports to the Congress that the Gov-
ernment of Peru has demonstrated substan-
purposes of this chapter, including the cost ANCE FOR RELNBIRSEME'1T5 FOR est?btwh its legal coca requirements, license
of United States DRUG CROP ERADICA TIONS the number of hectares necessary to produce
ing out such pnPersorpoaea n in nel the hegU United ca e. Chapter 8 of part I of the Foreign Assist- the legal requirement, and eliminate illicit
Stattess. ance Act of 1961 is amended by adding at
"l2l Nov later than August 1 of each year, and unlicensed coca production; and
of (2) for fiscal year 1987, only if the the
the President shall transmit to the Speaker the end thereof the following new section.'
President reports to the Congress that the
the House of Representatives, and to the 'SEC. 483. PROHIBITION ON USE Or FOREIGN
Committee on Foreign Relations of the ASSISTANCE FOR REIMBURSEMENTS FOR DRUG Government of Peru has developed such a
Senate, a Complete and detailed midyear CROP ERJDICATIONS.-Funds made available plan and is implementing it,
report on the activities and operations car- to carry out this Act may not be used to re- Funds (b) UPPER Hed to A VALLEY ated 'r.-
ried out under this chapter prior to such imburse persons whose illicit drug crops are authorized to be appropriated for
date. Suah midyear report shall include. but eradicated fiscal? year 1987 to carry out chapter 1 of
,,serer concluaea prior to such date with
other countries to carry out the purposes of
this chapter.'.
SEC. 945. EA'R4PTION FROM BAN ON INVOLVEMENT
OF t-VIED STATES PERSONNEL iv
ARREST ACTIONS IN NARCOTICS CON.
TROL EFFORTS ABROAD.
Section 481(c) of the Foreign Assistance
Act of 1961 is amended by adding at the end
thereof the following new paragraph:
"(2) Paragraph (1) of this subsection shall
not prohibit officers and employees of the
In allocating assistance for Jamaica for
fiscal year 1986 under chapter 4 of part II of
the Foreign Assistance Act of 1961 (relating
to the economic support fund), the President
shall give major consideration to whether
the Government of Jamaica has prepared,
presented, and committed itself to a compre-
hensive plan or strategy for the control and
reduction of illicit cultivation, production,
processing transportation, and distribution
of marijuana within a specifically stated
period of time.
made available for the project of the Agency
for International Development in the Upper
Huallaga Valley of Peru only if the Adminis-
trator of that Agency, after Consultation
with the Congress, determines that a com-
prehensive review of that project has been
completed which establishes the effective-
ness of that project in reducing and eradi.
cating coca leaf production, distribution,
and marketing in the Upper Huallaga
Valley. The assistance for Peru described in
this subsection may be provided only if the
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July 29, 1985 CONGRESSIONAL RECORD - HOUSE H 6715
report required by subsection /a)(2) has been chatropw Substances, and Cuba is a party would materially assist United Stairs at,
# ,limilled to the Congress to both Conaxntioas: thorities in controlling the activities of such
ths( to REAIlAICAriot. of IT xos aF (w.i'Orryavs (7) the United Nations Commission on traffickers.
N07MLT Narcotic Drugs is responsible for formulae- fb/ PoLFci-The Congress-
L, any of the assistance described in see- ing policies. coordinating activities, super. 111 requesLi appropriate the President to nroree
lean 611 is not provided for Bolivia because vuinp the implementation t>I international treaties or sn terncNonai ag agrethe conditions specified in that section are Conven(ions, and making recommendations menu with all countries prorid;ng (oifi-
*ot met or if any of the assistance described to governments for international drug con- den tial banking services rgit-inp high priun-
to sections 612(a) is not Provided for Peru trot' tv to brcausr the conditions specified in that see- 18) the promotion of drug abuse and par- provide d disclos countries in the the e United eStates G o ot -
bon are not met, the President shall repro- tir1patiOn in drug lrafli?^icing is wniversally p
ernmrfnrmc tion e rd in Cite
pram such assistance in order to provide ad- considered egregious criminal behavior cial records. and in record,, rds of ban). ar.
d;ltonai assistance to countries which have wherever it occurs. whether it occurs locally. counts, concerning persons under tni rsf,ga-
tsken significant steps to hall illicit drug nationally. or internationally. lion for violations of United States lair, in
production or trafficking. 19) a Federal grand jury of the United particular those regarding international
~aL sa (vLNIITION6 ON tl%ITED STI TES (ntT)/B(. States has indicted four prominent Cuban drug trafickingr
r1U5'S TO TR fficiak
o
E L
/T
h
thereon tee jottowing new subsection.' ings mar one uovernment of Cuba is /acili- I
"(J/ Funds authorized to be appropriated toting the flow of illicit drugs into the t3) reaffirms its intention to obtain maxi
-
by this section for fiscal year 1986 and for United States in order to obtain hard cur- mum cooperation on the part cf all govern
fiscal year 1987 may be used fora contribu. reaey, support guerrilla./terrorist activities, menu for the purpose of halting snterna-
ban to the United Nations Fund for Drug and undermine United States th and lionevalcl evaluate drug the trafficking consicntly to
use Control Will, if that organization in- (111 such alleged conduct on n the e part of pe-rang,tior, and of thosr gc.ern-
alud's in its crop substitution projects a the Government of Cuba would be injurious meats receii ing assistance from the United
plan for cooperation with the low enforce- to the world community and counter to the Stotts,
,tent forces of the host country.". general principle of international late that TITLE Iii-11L:4TERN HEMISPIiERE
SF'( Si,. LATIN AMERICAN R?010.1AL h'AR('OT)(S no country has the right to use or permit the SF,( isi ('FSfkAL AMFRI(A m-we,(R J('r. Y/.7(E.
Cfl\TROL ORG (A7LITI0.1, use of its territory in such o manner as to
AS/I DF-fEUIYMFS7NM1J 7Trf.
(a) FEAstsiLrn? SruDi%-The Secretary of in-rure onother country or persons therein,. Part I of the Foreign Assistance Act of
State, with the assistance of the National fb) RECOMMENDED Amos.-It is the sense 1961 is amended by adding after chapter 5
Drug Enforcement Policy Board, shall con- of the Congress that the President should- the following new chapters
duct a study of the feasibility of establishing (1) acting through the Permanent Rrpre-
sentative of the United States to the United 'CHAPTER 6--CE.~TPUL AMERICA DE.MO('RA-
rhich would regional ould organization
combat nization narcotics Latin production n i Nations, take such steps as may be necessary (1
'. PEACE. A!rD DEIELOP.ME.V'T ItiIT1J-
o
__a (... rr...t-;.,.. #w_......>, --- in ,lace tAs ores line nr 01. T/IE
A
on c
ED NATIONS FUND
arges of conspiring to smuggle (2) directs the President to include reports
FOR PRIG ABI_SE CONTROL drugs into Vie United Stales,- on the results of such efforts in tic annual
Section 482(a) of the Foreign Assistance UV) United States Government officials _-_,-__ -
unit fsckinoon the agenda of the United Nations: Congrtxsfinds that-
(b/ REPORT.-No later than six months (2) acting through the Representative of "(1) the building of democracy. the resto-
after the date of enactment of this Act, a the United States to the Organization of ration of peace, the improvement of living
report on the advisability of encouraging American States, request the Organization conditions, and the application of equal Tits-
the establishment of such an organization of American States to consider this question tice under law in Central America are 3m.
shall be submitted to the Committee on For- as soon as possible' and portant to the interests of the United States
rum Affairs and the Committee on Use Judi- (3) request other appropriate internation. and the community of American States: and
chary of the House of Representatives and a/ organizations and international forums "(2) the interrelated issues of social and
the Committee on Foreign Relations and the to consider this question. human progress, economic growth, political
Committee on the Judiciary of the Senate (c) REPORr.-Thu President shall report to reform, and regional security must be effee-
sFC sea. GREATER ?FibRr BY U.SITED STATES the Congress on the actions taken pursuant lively dealt with to assure a democratic and
ARMED FORDS TO St'PPORT,SA RCOT. to this section. economically and politically secure Central
ICS CONTROL EFFORTS ABROAD. SEC VA. PROHIBIT70% 0.1' A..SS)STANi'? IV COt S- America
No later than 60 days after the date of en- TRIES a'RKM Of/ NOT TAKE ADEQ( ATE "(N(1) The achievement of democracy. re-
actment of this Act, the President shall STEPS TVMALTBRVGTRAFFi(aING. spect for human rights. peace. and equitable
report to the Congress on why the United Section 481(k) of the Foreign Assistance economic growth depends primarily on the
States Armed Forces should not exert greater Act (y 1961 is amended by adding Cl the end cooperation and the human and economic
effort in facilitating and supporting the following new paragraph.'
pporld in r resources of the people and governments of
caption of narcotics traffickers, and n path- 'Y4/ In addition co the producing cops- Central America. The Congress recognizes
eying narcotics-related intelligence, outside cable to major illicit drug y produucing coon- that the United States can make a signifi.
the United States. tries pursuant to paragraph (1), the Press- cant contribution to such peaceful and
WE tn. C(BASDBt'GTRAFFICAINC. dent shall not provide any assistance under democratic development through a consist-
(a)17.
FYNvLvGs. -The CUB .%DRUG AF)WKI,' finds that- this Act or the Arms Export Control Act to eat and coherent policy which includes a
(1) the subject of the flow, use, and control any other country which the President deter- long-term commitment of assistance. This
of narcotic and psychotropic substances is a mines has not taken adequate steps to pre- policy should be design
vent- ed to support active-
matter of great international importance,' "(Al the processing /in whole or in part) in ly-
(2) the problem of drug abuse and drug such country of narcotic and psychotropic "IA/ democracy and political reform, in-
trafficking continues to worsen throughout drugs or other con trolled substances, eluding opening the political process to all
most parts of the world- ( t) transportation members of society,
(3) the concerns of the governments t of country of narcotic tic and and pa ps through such
ychotropic drugs "(Bi full observance of internationally rec-
many countries have become manifest in or other controlled substances, and ognized human rights, including free elec-
several bilateral and multilateral narcotics "(C) the use of such country as a refuge for tions, freedom of the press, freedom of a-iso-
cs-or.! rot project,,; illegal drug traffickers.". caation. and the elimination of all human
14/ United Nations agencies monitor and Sf.-G SIs. DRUG TRAFFICKING AND THE PROBLEM OF rights abuses,-
apply controls on the flow and use of drugs TOTAL CO.S'F1DE%TL(UT)' OF CLRTAIN "(C) leadership development, including
and coordinate multilateral efforts to con- FOREIGN BAA'A ACCOCNTS training and educational programs to im-
trol production, trafficking, and abuse of (a) FmzimcsS.-The Congress finds that- Prove public administration and the admin.
drugs,; l1) several banks in Latin America and istration of justice'
t5) the United Nations Fund for Drug the Caribbean are used by narcotics lraffick- "(D) land reform, reform in tax systems,
Abuse Control funds narcotics projects ers as depositories for money obtained in encouragement of private enterprise and in-
throughout the world and has been a vehicle providing illicit drugs to the United states dividual initiative, creation of favorable in.
since 1971 for multilateral implementation and other countries o/the region,- vestment climates, curbing corruption
of narcotics control and reduction pro- (2) offshore banks which provide total con- where it exists, and spurring balanced trade,'
grams: fidentiality provide a service which materi- 'YE) the establishment of the rule of law
(6) the International Narcotics Control ally assists the operations of illicit drug and an effective Judicial system,' and
Board is charged with monitoring compli? traffickers; and "IF/ the termination of extremist violence
ance with the Single Convention on Narcot? (3) cooperation in gaining access to the by both the left and the right as well as vig.
ic Drugs, 1961, and the Convention on Psy bank accounts of such narcotics traffickers orous action to prosecute those guilty of
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 11 6716 CONGRESSIONAL RECORD - HOUSE Jul.), 29, 1985
crimes ano the prosecution to the extent ognized human rights, building democracy. amounts otherwise available for such pur-
possible of past offenders. and encouraging equitable economic growth poses, there are authorized to be appropri-
'(2l The policy described in paragraph (I) through policy reforms. ated to the President, for the purpose offur-
should also promote equitable economic "(B) The Organization should be struc- nishing nonmilitary assistance for Central
growth and development, Including control- tured to include representatives from both American countries, $1,200.000,000 for each
ling the flight of capital and the effective the public and private sectors, including of the fiscal years 1988 and 1989, which are
use of foreign assistance and adhering to ap- representatives from the labor, agriculture, authorized to remain available until ex-
Proved programs for economic stabilization and business communities. pended.
and fiscal responsibility. Finally, this policy "(C) The Organization should meet peri- '(b/ For the purpose of providing the as-
should foster dialog and negotiations- odically to carry out the functions described sistance described in subsection (a), funds
'(A) to achieve peace based upon the ob- in subparagraphs (D) and (El of this para- appropriated pursuant to the authoriza-
jectives of democratization, reduction of ar- graph and should be supported by a limited lions in thee subsection may be transferred
mament, an end to subversion, and the with- professional secretariat by the President for obligation in accord-
drawal of foreign military forces and advis- "(D) The Organization should make rec- ance with the authorities of part I of this
ers: and ommendations affecting Central American Act (including chapter 4 of part II), the
"(B/ to provide a security shield against countries on such matters as- Peace Corps Act, the Migration and Refugee
violence and intimidation. "(i) political, economic, and social derel- Assistance Act of 1962, the United States In-
"B( It is the purpose of this chapter to es- opment objectives, including the strengthen- formation and Education Exchange Act of
tablish the statutory framework and to au. ing of democratic pluralism and the safe- 1948, the Mutual Educational and Cultural
thorize the appropriations and financing guarding of internationall recognized Exchange Act of 1961, the4Vational Endow-
necessary to carry out the policy described human rights; ment for Democracy Act and the State De-
in this section. "(ii/ mobilization of resources and exter- partment Basic Authorities Act of 1956.
"(c) The Congress finds, therefore, that the nal assistance needs; and
people of the United States are willing to '(iii) reform of economic policies and co "See
tsSEC.e466. er, th I ter 'Central m ' en s the purposes
sustain and expand a program of economic structures. countries* includes Belize, Costa t, Cot Riccca,ca El
a.
and military assistance in Central America "(E) The Organization should have the ca- Salvador. alvador. Guatemala, Rica,
if the recipient countries can demonstrate pacity for monitoring country performance Pan,amaa, , and d regional Honduras, prograraa which
Progress toward and a commitment to these on recommendations issued in accordance gua, Panama, which
goals. with subparagraph (D) of this paragraph benefit such countries. ".
"Sac. 462. CONDITIONS ON FupNxSHm'G As- and for evaluating progress toward meeting SEC. 712 EL SALIADOR
siSTANCE.-The President shall ensure that such country objectives. (a) SUPPORT FOR El. SAC vADOR.-(l) The
assistance authorized by this Act and the '(F) To the maximum extent practicable, Congress finds that-
Arms Export Control Act to Central Ameri- the United States should follow the recom- (A/ a free and democratic El Salvador is
can countries is furnished In a manner mendations of the Organization in disburs. in the security interest of the United States;
which fosters demonstrated progress toward ing bilateral economic assistance for any (B) Jose Napoleon Duarte was elected
and commitment to the objectives set forth Central American country. No more than 75 President of El Salvador in 1984 in the most
in section 461. Where necessary to achieve Percent of such United States assistance in democratic election held in El Salvador in
this purpose, the President shall impose con- any fiscal year should be disbursed until the many years;
ditions on the furnishing of such assistance. recommendations of the Organization for (C) political violence in El Salvador has
In carrying out this section, the President that fiscal year have been made final and declined dramatically under President
shall consult with the Congress in regard to communicated to the donor countries. The Duarte's leadership;
progress toward the objectives set forth in limitation on disbursements contained in (D) President Duarte's policies of respect
section 461, and any conditions imposed on the preceding sentence should apply only to for human rights, political pluralism, dia-
the furnishing of assistance in furtherance recommendations made final and communi. Logue and reconciliation with the Salvador-
of those objectives. cated to donor countries prior to the fourth an guerrilla forces, legal and social reform,
'SEC. 463. PEACE PRocess IN CENTRAL. AMER- quarter of such fiscal year. The United and effective defense against the violent
icA.-The Congress- States representative to the Organization overthrow of the Salvadoran government
'(1/ strongly supports the initiatives should urge other donor countries to simi- are deserving of praise from all who believe
taken by the Contadora group and the re- larly implement the recommendations of the in a democratic form of government'
sulting Document of Objectives which has Organization. (E) the March 31, 1985, legislative and mu-
been agreed to by Costa Rica, El Salvador, "(G/ The administrator of the agency pri- nicipal elections were successfully carried
Guatemala, Honduras, and Nicaragua and manly responsible for administering part I out, with 64 percent of the electorate defying
which sets forth a framework for negotiating of this Act, or his designee, should represent guerrilla attacks to vote;
a peaceful settlement to the conflict and tur- the United States Government in the Orga- (F) the victery of President buarte's Chris-
moil in the region; and nization and should carry out his functions tian Democratic Party reaffirms the support
"(2) finds that the United States should in that capacity under the continuous su- for these policies by his fellow citizens, the
provide such assistance and support as may pervision and general direction of the Secre- essential test of any government or move-
be appropriate in helping to reach compre- tary of State. menu
hensive and verifiable final agreements, "(cl Subject to subsection (d)(2), the Presi- (G/ in spite of the state of seige technically
based on the Document of Objectives, which dent is authorized to participate in the Or- in effect due to the insurgent threat, observ-
will ensure peaceful and enduring solutions ganization. ance of free speech, free press, and free as-
to the Central American conflicts. "(d)(1/ The administrator of the agency sembly are widely enjoyed in El Salvador
"SEc. 464. EcoNoxic ASSISTANCE CooRD,NA- primarily responsible for administering part and permit public airing of opposing politi-
nON.-(a) The Congress finds that participa- I of this Act under the supervision and di- cal views;
tion by Central American countries in an ef- rection of the Secretary of State, shall pre- (H) President Duarte is firmly committed
feet ire forum for dialog on, and the continu. Pare a detailed proposal to carry out this to judicial reform and Prosecution of cases
ous review and advancement of, Central section and shall keep the Committee on involving "death squads",
America's political economic, and social de- Foreign Affairs of the House of Representa- (1) President Duarte's leadership and pop-
velopment would foster cooperation between tives and the Committee on Foreign Rela- ular support has notably weakened the pop-
the United States and Central American lions of the Senate fully and currently in- ular support given the guerrillas, as evi-
countries. formed concerning the development of this denced by the high levels of voter participa-
" (b) It is the sense of the Congress that- proposal. tion in the free elections held in El Salvador
"(1) the President should enter into negoti- "(2) The President shall transmit to the since 1982, the reduction in territory in
ations with the countries of Central America Committee on Foreign Affairs of the House which the guerrillas can freely operate, their
to establish a Central American Develop- of Representatives and the Committee on inability to mount frontal military attacks,
ment Organization (hereafter in this section Foreign Relations of the Senate a copy of and their resort to economic sabotage, am-
referred to as the 'Organization') to help the text of any agreement, which he proposes bushes, political assassination, and urban
provide a continuous and coherent ap- to sign, that would provide for the establish- terrorism with blatant disregard for basic
proach to the development of the Central ment of and United States participation in human rights; and
American region; and the Organization no less than sixty days (/) President Duarte has succeeded in re-
"(2) the establishment of the Organization prior to his signature. During that sixty-day versing the decline in his country's economy
should be based upon the following princi- period there shall be full and formal consul. which, though still weak, has better pros-
ples: tations with and review by those committees pects than in recent years.
'(A) Participation in the Organization in accordance with procedures applicable to (21 Therefore, it is the sense of the Con-
should be open to the United States, other reprogramming notifications pursuant to gress that-
donors, and those Central American coun- section 634A of this Act (A) President Duarte is to be congratutat-
tries that commit themselves to, among "SEc. 465. AC'HORrzATIoNS PoR FiscAL ed for his outstanding leadership under dif-
other things, respecting internationally rec- YEARS 1988 AND 1989.-(a) In addition to ficult circumstances and for his efforts to
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t5 1 July leg, 1985 CONGRESSIONAL RECORD - HOUSE H 6717
hyfer democratic government and institu-
Itaws in his country, and he is encouraged to
IIO U ue his efforts to promote political plu-
.othsm democratic institutions. and respect
sox human rights in his country; and
fF, the armed services of El Salvador are
tr be congratulated for their improved per-
h,r,.tanre and professionalism in defending
satcadoran citizens and their democratical-
tt .,retrt government
and especially for atheiryroIle in
?eIptng n0 to protect and uphold the electoral
p.rx-r35
13! The Congress reaffirms the importance
ar continued support for democratic princi-
ples and institutions and respect for human
nghu by the various sectors of Salvadoran
peaty. which is a major factor in United
states support for El Salvador.
Ib) 0BIEC77VES.-T7te Congress expects
that-
(I1 the Government of El Salvador will be
willing to pursue a dialogue with the armed
apposition forces and their political repre-
sentatives for the purposes of achieving an
equitable political settlement of the conflict,
tnduding free and fair elections;
f2) the elected civilian government will be
in control of the Salvadoran military and
security forces, and those forces will comply
with applicable rules of international law
and with Presidential directives pertaining
to the protection of civilians during combat
operations, including Presidential directive
C-111-03-984 (relating to aerial fire sup-
port/:
(3) the Government of El Salvador will
make demonstrated progress, during the
period covered by each report pursuant to
subsection (C), in ending the activities of the
death squads;
f4) the Government of El Salvador will
make demonstrated progress, during the
period covered by each report pursuant to
subsection IN, in establishing an effective
judicial system; and
(5) the Government of El Salvador will
make demonstrated progress, during the
period covered by each report pursuant to
subsection (c), in implementing the land
reform program
(c) REPORrs.-On October 1, 1985, April 1,
1986, October 1, 1986, and April 1, 1987, the
President shall report to the Speaker of the
House of Representatives and the chairman
of the Committee on Foreign Relations of
the Senate on the extent to which the objec-
tives described in subsection fb) are being
met With respect to the objective described
in paragraph (4) of that subsection, each
report shall discuss whether the commission
proposed by the President of El Salvador to
investigate human rights cases has been es-
tablished. funded, and given sufficient in-
vestigative powers; whether the evidence
that commission collects may be used in the
Salvadoran judicial process; whether that
commission has issued a comprehensive
report with regard to its investigation of all
Americans murdered in El Salvador; and
whether those responsible for the Las Hojas
massacre are being prosecuted.
(d) AIRCRA/T FOR AERIAL WARFARE.-(I) The
authorities of part II of the Foreign Assist-
ance Act of 1961 and the Arms Export Con-
trol Act may not be used to make available
to El Salvador any helicopters or other air-
craft, and licenses may not be issued under
section 38 of the Arms Export Control Act
for the export to El Salvador of any such
aircraft, unless the Committee on Foreign
Affairs of the House of Representatives and
the Committee on Foreign Relations of the
Senate are notified at least 15 days in ad-
vance in accordance with the procedures ap-
plicable to reprogramming notifications
under section 634A of the Foreign Assistance
Act of 1961.
(2) Paragraph (1) shall take effect on the
date of enactment of this Act and shall
remain in effect until October 1, 1987.
(e) SPECIAL ACCOUNT FOR LOCAL CURREN-
c,es.-(1) All local currencies, which are gen-
erated with the funds provided to El Salva-
dor for balance-of-payments support for
fiscal years 1986 and 1987 under chapter 4
of part II of the Foreign Assistance Act of
1961 (relating to the economic support
fund), shall be deposited in accordance with
section 6C9 of that Act in a special account
established by the Government of El Salva-
dor.
(2) Local currencies deposited pursuant to
paragraph (1) shall be used for projects as-
sisting agrarian reform and the agricultural
sector (and particular emphasis shall be
placed on projects for these purposes); judi-
cial reform,- employment generation; health,
educatiom and other social services; infra-
structure repair, and credits and other sup-
port for the private sector (principally for
small and medium sized businesses).
(3) For purposes of this subsection-
(A) the term "agrarian reform" means
projects assisting or enhancing the abilities
of agencies, cooperatives, and farms to im-
plement land reform decrees in El Salvador,
notwithstanding section 620(g) of the For-
eign Assistance Act of 1961; and
(B) the term 'judicial reform" means
projects assisting or enhancing the abilities
of agencies of the Salvadoran Government
to investigate and prosecute politically mo-
tivated violence.
If) DEVELOPMENT ASSISTANCE.-Of the
amounts available to carry out chapter 1 of
part I of the Foreign Assistance Act of 1961,
$79.600.000 for fiscal year 1986 and
$79,600,000 for fiscal year 1987 shall be
available only for El Salvador.
(g) SUSPENSION or ASSISTANCE rF A MILITARY
Coup Occups.-AU assistance authorized by
this Act which is allocated for El Salvador
shall be suspended if the elected President of
that country is deposed by military coup or
decree.
SEC. 711. ASSISTANCE FOR GUATEMALA.
(a) CONDITIONS ON MILITARY ASSISTANCE AND
SALES.-For fiscal years 1986 and 1987, as-
sistance may be provided for Guatemala
under chapter 2 of part II of the Foreign As-
sistance Act of 1961 (relating to grant mili-
tary assistance) and sales may be made and
financing may be provided for Guatemala
under the Arms Export Control Act (relating
to foreign military sales) only if the Presi-
dent makes the following certifications to
the Congress:
(1) For fiscal year 1986, an elected civilian
government is in power in Guatemala and
has submitted a formal written request to
the United States for the assistance, sales, or
financing to be provided.
(2) For both fiscal years 1986 and 1987, the
Government of Guatemala made demon-
strated progress during the preceding year-
(A) in achieving control over its military
and security forces,
(B) toward eliminating kidnappings and
disappearances, forced recruitment into the
civil defense patrols, and other abuses by
such forces of internationally recognized
human rights, and
(C) in respecting the internationally rec-
ognized human rights of its indigenous
Indian population.
(b) CONSTRUCTION EQUIPMENT AND MOBILE
MEDICAL FAcnirlES AND REU TED TRAINING.-
If the conditions specified in subsection (a)
are met, Guatemala may be provided with
the following for fiscal years 1986 and 1987
(in addition to such other assistance, sales,
or financing as may be provided for Guate-
mala):
(1) Sates of construction equipment and
mobile medical facilities to assist in devel-
opmcnl programs that will directly assist
the poor in Guatemala
(2) Sales of training, to be provided out-
side of Guatemala, which is related to the
sales described in paragraph (1).
(3) A total for both fiscal years 1986 and
1987 of no more than $10,000,000 in credits
under the Arms Export Control Act for sales
described in paragraphs (1) and (2).
Such sales and credits shall be provided only
to enable the military forces of Guatemala
to obtain equipment and training for civil
ion engineering and construction projects
and mobile medical teams, which would not
be used in the rural resettlement program
(c) PROHIBITION ON FURNISHING WEAPONS.-
Funds authorized to be appropriated by title
I of this Act may not be used for the procure-
ment by Guatemala of any weapons or am-
munition.
(d) SUSPENSION OF ASSISTANCE IF A MILITARY
Coup OccuRs.-AU assistance authorized by
this Act which is allocated for Guatemala
shall be suspended if the elected civilian
government of that country is deposed by
military coup or decree.
(C) RURAL RESETTLEMENT PROGRAM.-Assist-
ance provided for Guatemala for the fiscal
year 1986 and fiscal year 1987 under chapter
I of part I (relating to development assist-
ance) or under chapter 4 of part 11 (relating
to the economic support fund) of the Foreign
Assistance Act of 1961- -
(1) may not be provided to the Govern-
ment of Guatemala for use in its rural reset-
tlement program; and
(21 shall be provided through private and
voluntary organizations to the maximum
extent possible.
(/) INVITATION FOR ICRC To VISIT GL'ATEMA-
L4.-The Congress calls upon the President
to urge the Government of Guatemala to
allow the International Committee of the
Red Cross-
(1) to conduct an unimpeded visit to Gua-
temala in order to investigate humanitarian
needs in that country and to report on
human rights abuses in that country, and
(2) to investigate the possibilities of its
providing humanitarian services in that
country.
(g) RELATIONS BETWEEN BELIZE AND GUATE-
MALA.-It is the sense of the Congress that the
United States should use its good offices and
influence to encourage the Government of
Guatemala to recognize the independence of
Belize and to enter into a mutual non-
aggression treaty with Belize.
(h) HUMAN RIGHTS GROUPS IN GUATEMALA.-
(1) The Congress finds that-
(A) the Group for Mutual Support was
formed in 1984 to protest the disappearances
of Guatemalan civilians;
(B) the Group/or Mutual Support, has car-
ried out its work in a peaceful, non-ideologi-
cal manner, and is the only indigenous
human rights group operating in Guatema-
la,' and
(C) two of the Group's six steering com-
mittee members, Hector Gomez and Maria
Rosario Godyo de Cuevas, were recently
killed
(2) It is the sense of the Congress that-
(A) human rights groups in Guatemala,
particularly the Group for Mutual Support,
should be allowed to carry out their work
against human rights abuses with the full
cooperation, protection, and support of the
Government of Guatemala; and
(B) whether the Government of Guatema-
la allows human rights groups, including
the Group for Mutual Support, to carry out
their work should be taken into account by
the United States in determining whether
there is human rights progress in Guatema-
la
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r H 6718 CONGRESSIONAL RECORD - HOUSE Jul.), 29, 1985
SEC. ?N. REF1'GR?S LN MO',IN RAS
funds authorized to be appropriated by
this Act and funds authorized to be appro-
priated for the "Migration and Refugee As-
sistance" account for fiscal years 1986 and
1987-
(1) which are to be used for refugee assist-
ance or other assistance for Nicaraguan
Indian refugees in Honduras shall be chan-
neled, to the maximum extent possible,
through the United Nations High Commis-
sioner for Refugees, the International Com-
mittee of the Red Cross, the Interpovernmen-
tat Committee for Migration, or other estab-
lished and recognized international refugee
relief organizations; and
(2) may not be used to facilitate the invol-
untary repatriation of Salvadoran refugees
who are in Honduras.
sec 7M. PItomorrvC THE DEiELOPMFNT OF THE
MAIfIAN PEOPLE AND PROVIDING FOR
ORDERLY R.MIGRAnoN F7LON MAm.
(a/ List or PVOs.-T o the maximum extent
practicable, assistance for Haiti under chap-
ter 1 of part I (relating to development as-
sistance) and under chapter 4 of part 11 (re-
lating to the economic support fund) of the
Foreign Assistance Act of 1961 should be
Provided through private and voluntary or-
ganizations.
IN CoNDmoNs ON ASSISTANCE.-funds
available for fiscal year 1986 and for fiscal
year 1987 to carry out chapter 1 or part I Ire
toting to development assistance), chapter 4
of part It (relating to the economic support
fund), or chapter 5 of part 11 (relating to
international military education and train-
ing) of the Foreign Assistance Act of 1961
may be obligated for Haiti only if the Presi-
dent determines that the Government of
Haiti-
I1) is continuing to cooperate with the
United States in halting illegal emigration
to the United States from Haiti,'
(2) is cooperating fully in implementing
United States development food, and other
economic assistance programs in Haiti (in-
cluding programs for prior fiscal years); and
(31 is making progress toward improving
the human rights situation in Haiti and
progress toward Implementing political re-
forms which are essential to the develop-
ment of democracy in Haiti, such as
progress toward the establishment of politi-
cal parties, free elections, free labor unions,
and freedom of the press.
(e) Repoers zo THE CoNGREss-Not later
than one year after the date or the enact-
ment of this Act and one year thereafter, the
President shat report to the Congress on the
extent to which the actions of the Govern-
ment of Haiti are consistent with each para-
graph of subsection W.
(d) AsslsrANct IN HALTING ILLEGAL EM7QRA-
77oN FROM HAITL-Notwithstanding the limi-
tations of section 660 of the Foreign Assist-
ance Act of 1961 (relating to police train-
ing). funds made available under such Act
may be used for programs with Haiti, which
shall be consistent with prevailing United
States refugee policies, to assist in halting
significant illegal emigration from Haiti to
the United States.
(e) LIMITAVON ON MAP AND FMS FINANC-
ING.-Assistance may not be provided for
Haiti for fiscal year 1986 or fiscal year 1987
under chapter 2 of part II of the Foreign As-
sistance Act of 1961 (relating to grant mili-
tary assistance) or under the Ares Export
Control Act (relating to foreign military
sales financing), except for necessary trans-
portation, maintenance, communications,
and related articles and services to enable
the continuation of migrant and narcotics
Interdiction operations.
(f) LITERACT AND OT71ER EDUCATION PRO-
GRAS/s.-Of the amounts authorized to be ap-
propriated to carry out chapter I of part I of
the Foreign Assistance Act of 1961 (relating
to development assistance) which are allo-
cated for Haiti, $1,000,000 for fiscal year
1986 and $1, 000,000 for fiscal year 1987 shall
be available only for literacy and other edu-
cation programs in Haiti.
SEC. 7M MILITARY ASSISTANCE NR PARAGI.A V
For the fiscal years 1986 and 1987, none of
the funds authorized to be appropriated to
carry out chapter 2 of part 11 of the Foreign
Assistance Act of 1961 (relating to grant
military assistance) or to carry out the Arms
Export Control Act (relating to foreign mili-
tary sales financing) may be used for assist-
ance for Paraguay unless the President cer-
tifies to the Congress that the Government
of Paraguay has ended the practice of tor-
ture and abuse of individuals held in deten-
tion by its military and security forces and
has instituted procedures to ensure that
those arrested are promptly charged and
brought to trial
SEC. 7r. ASSISTANCE FWE PERL:
(al HUMAN RIGHTS TRAINING IN IMET PRo-
GRAMS.-Respect for internationally recog-
nized human rights shall be an important
component of the training Provided for Peru
under chapter 5 of part II of the Foreign As-
sistance Act of 1961 for fiscal year 1986 and
for fiscal year 1987.
IN STRENGTHLNING TIDY PERUVIAN JLDICsAL
SYSrzM.-Of the amount authorized to be ap-
propriated by this Act to carry out chapter 4
of part II of the Foreign Assistance Act of
1961 (relating to the economic support
fund', $1,000,000 for fiscal year 1986 and
$1.000,000 for fiscal year 1987 shall be used
to strengthen the judicial system in Peru
under section 534 of the Foreign Assistance
Act of 1961 (relating to administration of
justice).
SEC. 7M INTER-AMERICAN FOC.VDAT1OK
The first sentence of section 401(x)(2) of
the Foreign Assistance Act of 1969 is amend-
ed to read as follows' "There are authorized
to be appropriated $11,969,000 for fiscal
year 1986 and $11,969,000 for fiscal year
1987 to carry out the purposes of this sec-
tion. ".
SEC 7M COMPREHENSIT REPORTS ON ASSISTANCE
FOR LATIN AMERICA AND THE CARIB-
BEAN.
(a) REQUIREMENT FOR COMPREHENSIVE Ac-
coUN77NO OF ASSISTANCE,-In the annual re-
ports required by section 634 of the Foreign
Assistance Act of 1961, the President shall
Provide to the Congress a full, complete, and
detailed accounting of all assistance provid-
ed during the fiscal years 1986 and 1987 for
Latin America and the Caribbean under the
Foreign Assistance Act of 1961 and the Arms
Export Control Act
IN INFORMATION To BE INCLUDED.-The
report provided pursuant to subsection (a)
shall include for each fiscal year, among
other things, the following with respect to
each authorization account'
(1) The specific projects and other activi-
ties carried out in each country.
(2) The number of persons from each coun.
try who were provided with training, and
the types of training provided
(3) The defense articles and defense sen+-
ices provided for each country.
(4) The types of goods and commodities
provided to each country for economic sta-
bilization purposes under chapter 4 of part
II of the Foreign Assistance Act of 1961 (re-
lating to the economic support fund), and a
copy of each agreement for the furnishing of
any assistance under that chapter.
(5) The amounts of local currency generat-
ed by United States assistance to each coun-
try, the uses of those currencies, and the
total amount of those currency still avail.
able for use as of the time cf the report
(6) A report on any transfers or repro-
grammings of funds, and a description of
how transferred or reprogrammed funds
modified the amounts requested for each ac-
count
(77 A report on the funds which have been
obligated but remain unexpended for each
country to each account.
(8) An analysts of the amount of funds
and programs provided through nongovern-
mental as contrasted to governmental chan-
nels
SEC Tit LSE Or PRIVATE AND VOLU VTAR) ORGANI-
ZATIONS
sb the maximum extent practicable, as-
sistance under chapter I of Part I (relating
to development assistance) and chapter 4 of
part 11 (relating to the economic support
fund) of the Foreign Assistance Act of 1961
for countries in Latin America and the Car-
ibbean should be provided Through private
and voluntary organizations which have a
Proven record of development assistance ef-
forts overseas.
SEC. 711. ASSISTANCE FOR LA a ENFVRC?.HE.1T
AGENCIES
Section 660 of the Foreign Assistance Act
of 1961 is amended by adding at the end
thereof the following new subsections'
"(c7 Subsection (a) shall not apply with re-
spect to a country which has a longstanding
democratic tradition. does not have stand-
ing armed forces, and does not engage in a
consistent pattern of gross violations of
internationally recognized human rights.
"Id' Notwithstanding the prohibition con-
tained in subsection (a) assistance may be
provided to Honduras or El Salvador for
fiscal years 1986 and 1987 if, at least 30 days
before providing assistance, the President
notifies the Committee on Foreign Affairs 4f
the House of Representatives and the Com-
mittee on Foreign Relations of the Senate,
in accordance with the Procedures applica-
ble to reprogramming notifications pursu-
ant to section 634A of this Act that he has
determined that the government of the recip-
ient country has made significant progress,
during the preceding six months, in elimi-
nating any human rights violations includ-
ing torture, incommunicado detention, de-
tention of Persons solely for the nonviolent
expression of their political views, or pro-
longed detention without trial. Any such no-
tification shall include a full description of
the assistance which is proposed to be pro-
vided and of the purposes to which it is to be
directed":
SEC. 711 ADMIN757RATIO"N OFJLSTICE.
Chapter 4 of part 11 of the Foreign Assist-
ance Act of 1961 (relating to the economic
support fund), as amended by title II of this
Act is further amended by adding at the end
thereof the following new section.'
SEC. 534. ADMIN7sTRA77ON Or JUSTICE.-(a)
The President may furnish assistance under
this chapter to countries and organizations,
including national and regional institu-
tions, in order to strengthen the administra-
tion of justice in countries in Latin America
and the Caribbean.
"(b) Assistance under this section may
only include-
"(1i support for specialized professional
training, scholarships, and exchanges for
continuing legal education;
"(24 programs to enhance prosecutorial
and judicial capabilities and protection for
participants in judicial cases,'
"13) notwithstanding section 660 of this
Act, Programs to enhance investigative ca-
pabilities, conducted under judicial or pros-
ecutorial control,
"(4) strengthening professional organiza-
tions in order to promote services to mem-
bers and the role of the bar in judicial selec-
tion, enforcement of ethical standard& and
legal reform:
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 miser .49, 1985 CONGRESSIONAL RECORD - HOUSE H 6719
_(S( increasing the availability of legal of accelerating the rate of private sector (1) the President should consider appoint-
and putlications: capital formation in Central America and ing one individual as the United States rep-
^,s, seminars, conferences, and training the Caribbean that is systematically linked resentative to the Commission,-
g.d educational l programs to strengthen improve the to expanding
employees. rofit sharing (2) the Speaker of the House of Representa-
es for oall wnership
tives should consider appointing two Mem-
rrspect for the rule of law and international- SEC. 714. IATF.RYATIO.VAL ADVISORY CO.M.MIS.S!o% bens of the House, one from each major poli(-
h grized human rights: and FOR THE CARIBBEAN REG/OS'. ieal
party, as observers at the Commission:
codes and Procedures. (1) many of the social, agricultural, educa- (3) the majority leader of the Senate
^a?1 Not more ore than $20,00 this of chap- the tional, and economic problems which con- should consider appointing two Members of
(yr g, fo for any made fiscal year ato shall carry be out t available le to to front nations in the Caribbean Region result the Senate, one from each major political
cprimarily from social and economic injus- party, as observers at the Commission.
carry out this section, in addition to tice and Inadequate economic and agricul-
amousts otherwise available for such pur- tural development; SEC. IS. EX?PT!OA OFCERTALS SAFETY-RELATED
poses. ?QC/PME.ST FROM PROH/B!T/O.N 01
(d! Funds may not be obligated for assist- (2) such problems are not addressed suffi- MILIT4RI SALES TO CHILE.
ance under this section unless the Commit- ciently by current United States policies Section 726 of the International Security
tee on Foreign Affairs of the House of Repre- toward that region: and Development Cooperation Act of 1981 is
an(tatives and the Committee on Foreign (3) the development of the Caribbean amended by adding at the Ind thereof the
Relations of the Senate are notified of the Region is of vital importance to the econom- following new subsection.-
amount and nature of the proposed assist- ie and strategic interests of the United 'vc) The prohibition contained in subsec-
_- -? ..^d IC d-.,..., .,d..,...... 4..........^a tint,. n.,d it. .dc.... ....d
ante with the procedures applicable to re-
progrommings pursuant to section 634A of
this Act-
wel The authority of this section shall
expire on September 30, 1987."
SEC 7/l. USE OF EMPLO)EE STOCK OHNERSH/P
PLANS IN DEIELOPME.IT EFFORTS
(a) FINDINGS.-The Congress declares
that-
(1) employee stock ownership plans in in-
dustrial, farming, banking, and other enter-
prises in Central America and the Caribbe-
an can be an important component in
achieving United States goals in Central
America and the Caribbean; and
(2) employee stock ownership plans should
be used as an instrument in financing
growth and transfers of equity in the region,
in reorganizing state-owned enterprises into
viable employee-owned businesses, in ex-
panding political and economic pluralism,
and in strengthening democratic institu-
tions in the region.
IN PLAN FOR EXPANDED Use or ESOPs.-
The President is urged to develop a Plan for
the expanded use of employee stock owner-
ship plans In development efforts of the
United States in Central America and the
Caribbean, with an emphasis on policy and
infrastructural changes needed to encourage
voluntary employee stock ownership initia-
tives by multinational corporations and
other private sector enterprises which have
investments, are considering making new
investments, or are interested in manage-
ment contracts and joint ventures in the
region.
(e) TASK FORCE.-TO assist in this effort,
there is established a Presidential Task
Force on Project Economic Justice (hereaf-
ter in this section referred to as the "Task
Force), which shall consist of individuals
appointed by the President who are distin-
guished leaders of the private sector of the
United States, including significant repre-
sentation of union representatives of work.
ers in successful companies with employee
stock ownership plans and of nationally rec-
ognized experts in all phases of design, im-
plementation, and operation of employee
stock ownership plans. The President shall
designate one of the members of the Task
Force to serve as Chairman. The Chairman
of the Task Force shall appoint a volunteer
fund-raising committee, and all the expenses
of the Task Force shall be paid without the
use of public funds.
(d) REPORT.-Not later than December 31,
1985, the Task Force shall prepare and
transmit to the President and the Congress a
report on the expanded use of employee
stock ownership plans in the development
efforts of the United States in Central Amer-
ica and the Caribbean, including specific
recommendations on strategies for using
employee stock ownership plans as a means
(4) for Purposes of defining development
plans, providing an international forum for
Caribbean Region development issues, and
providing expert advice to donor-aid coun-
tries, an international commission is
needed as the prime institution for promot-
ing economic cooperation and development
in the Caribbean Region.
(b) INvrrAiIoNs TO PAR TICWA TE IN CoMMIs-
SION.-
(1) INVITATION TO CARIBBEAN COUNTRIES.-
The President may invite the countries
which comprise the Caribbean Region to
Participate with the United States in a com-
mission to be known as the International
Advisory Commission for the Caribbean
Region (hereafter in this section referred to
as the "Commission").
(2) INVTTA77ON TD CERTAIN OTHER COUN-
ratES.-The President may also invite the
Netherlands, the United Kingdom, France,
Canada, the Commonwealth of Puerto Rico,
and the Virgin Islands to participate in the
Commission.
(e) FuNcnoNs or CosrMIssioN.-It is the
sense of the Congress that the Commission
should-
(1) examine social, agricultural, educa-
tional, and economic issues which affect the
Caribbean Region: and
(2) consult with leaders of the countries in
the Caribbean Region and with representa-
tives from public and private organizations
involved in matters related to the Caribbean
Region in order to evaluate the problems
and needs of such countries.
(dl FUNDING FOR ORGANIZA 77ONAL MEETING
OF COMMISSION.-Of the funds authorized to
be appropriated to carry out section 106 of
the Foreign Assistance Act of 1961 (relating
to development assistance for energy, pri-
vate and voluntary organizations, and se-
lected development activities), up to a total
of $100,000 for fiscal years 1986 and 1987
may be made available to-
(1) pay reasonable administrative ex-
penses associated with the organizational
meeting of the Commission; and
(2) pay reasonable travel and lodging ex-
penses incurred by commissioners from
other participant governments incident to
their attendance at the organizational meet-
ing of the Commission.
(e) REQUEST 710 CONGRESS RELATING TO
UNITED STATES PARTICIPATION IN THE COMMIS-
SION.-The President should provide cost es-
timates and request authorization from the
Congress in order to provide for the partici-
pation of the United States in the Commis-
sion (other than United States participation
associated with the organizational meet-
ing).
(fl APPoiNTMENT OF UNITED STATES REPRE-
SENTATIVE AND OBSERVERS.-Upon the cre-
ation of the Commission-
Lion fb/ does not prohibit the sale, or the li-
censing for export, of cartridge actuated de-
vices, propellant actuated devices, and tech-
nical manuals for aircraft of the F-5E/F or
A/T-37 type which were sold to the Chilean
Air Force by the United States before Janu-
ary 1, 1976, so long as the items are provided
only for purposes of enhancing the safety of
the aircraft crew."
SEC. 711. R(RAL ELECTR/i'ICA TIOA'.
It is the sense of the Congress that funds
appropriated for the fiscal years 1986 and
1987 under section 103(a)(2) of the Foreign
Assistance Act of 1961 (relating to develop-
ment assistance for agriculture, rural devel-
opment, and nutrition) should be used for a
comprehensive rural electrification program
in Central America in order to establish con-
ditions of stability and a foundation for
economic development
SEC. 717. F4 CILITA TING /ATERVA TI0.1'AL COMMERCE
THROCGH MEXICO.
(a/ FINDING.-Recognizing that increased
levels of balanced international trade are an
essential component in an economic devel-
opment program for the region and that the
United States has traditionally been the
most important trading partner for each of
the nations of Latin America, it is the sense
of the Congress that current procedures and
laws of the Government of Mexico, and
practices of its officials, constitute a signifi-
cant impediment to the transit of vehicles
carrying the commodities of international
trade through Mexican territory.
(b) NEGOTIATIONS AND COOPERATIVE STEPS
CONCERNING TRANSIT.-As the Government of
Mexico has played a valuable role in assist-
ing and encouraging the economic and po-
litical development of the region, and in of-
fering advice to the United States as to con-
structive policies this nation might pursue
with respect to peace and prosperity in the
area, the Secretary of State, acting inde-
pendently or with representatives of other
Latin America nations, shall initiate negoti-
ations with the Government of Mexico
aimed at eliminating or reducing those im-
pediments to international trade. The
agenda for such negotiations should include
discussions to encourage the Government of
Mexico to accede to existing international
custom conventions on international in-
transit shipments. Such actions are to be
taken in concert with the institution by the
United States, and the nations of the region
where the transiting shipments originate, of
appropriate and cooperative steps to make
sealed-truck, no-inspection transit adminis-
tratively acceptable to the Government of
Mexico and other transited countries. Simi-
lar bilateral or multilateral negotiations by
the Secretary of State with nations respect-
ing the same international customs conven.
tions is also encouraged.
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 pp~
CONGRESSIONAL RECORD - HOUSE July 29, 1985
(c) REPORr.-The Secretary of State shall (B/ American livestock producers are rest- Pressson. freedom of worship. and the fnde
report the status of these negotiations to feringfrom the same general economic crisis penitence of the media:
Congress by January 1, 1686. affecting all of agriculture, and many will (DI the subordination of military. fudi-
see 7IS ('DNDEMYINC R(7A N R1cH7% 1701,A770.%:i face liquidation or foreclosure in the near ciaL and internal security functions to the
AND THE SIRrE 10.Y OF OTHER sin- future: and ruling political party: and
6RYMEN7S BY THE GOVERNMENT OF ICI the disparity between the United (E) the Sandinista governments efforts to
Ct'RA. States and the Canadian dollar amounts to export its influence and ideology.
(a) CONDEMNATION OF CERTAIN' ACTION BY 32 to 34 percent and results in even further (211/Nicaragua does not address the con-
swr GovERNMENT or Cuas_-The Congress increases in Canadian hogs and cattle being cerns described in paragraph (1). the United
condemns- imported into the United States. States has several options to address this
fl) the consistent pattern of gross viola- (2) Therefore. it is the sense of the Con- challenge to peace and stability in the
tions of internationally recognized human gress that the President should direct appro- region. including political, diplomatic. and
right.+ by the Cuban Government includ- priate officials of the executive branch, in- trade sanctions. In addition, the United
ing-- cluding the United States Trade Represents- States-
(A) cruel, inhumane, and degrading treat- five, the Secretary of Agriculture, and the (A) should through appropriate regional
ment and punishment of prisoners: Secretary of Commerce, to aggressively organizations, such as the Organization of
(B) the suppression of free speech, Press. pursue discussions with the Canadian Gov- American States. seek to maintain multilat-
and assembly: and ernment directed toward immediate reduc- eral pressure on Nicaragua to address these
(C) restrictions on religious activity and lion in the Canadian export of cattle and erns: and or
the freedom to emigrant and hogs to the United States (B) should. if called upon to do so, give se-
(2l the provision by the Cuban govern- (b) SOrT7voOD 77Merx-fl+ The Congress rious consideration to supporting any sanc-
ment of material aid and personnel support finds that- tions adopted by such an organization.
for the purposes of subversion. (A) softwood timber prices have been in (3) In assessing whether or not progress is
(b) CALL, UPON THE GOVERNMENT Or C17BA.- decline for some time due to excessive being made in addressing these concerns,
The Congress calls upon the Government of supply partially caused by dramatic in- the Congress will expect prompt and signil-
Cuba to restore civil liberties and cease in creases in importation of processed cant initiatives by the Government of Nica-
the violation of human rights of the Cuban softwood timber from Canada, which has in- ragua such as-
people and cease the subversion of other gov- creased from 18 percent of the United States (Al the removal of foreign military advi-
ernments through material and personnel market in the last two years to 35 to 40 per- sors from Nicaragua;
support cent today; (B) the end to Sandinista support for in-
SEC. 719, REPORTS ON FYJREIGA DE117 IN LATE.N (B) American timber producers are suffer- surgencies in other countries in the region.
AMERICA. ing from this economic crisis, and the diffi- including the cessation of military supplies
Ia' FINDDras.-The Congress finds that- Bully in acquiring timber from the National to the rebel forces fighting the demoeratical-
(1) the foreign debt of Latin American Forest System; and IV elected government in El Salvador,,
countries has soared from $27,000.000.009 in (C) the disparity between the United IC) restoration of individual liberties, po-
1970 to over $350,000,000,000 in 1983: States and the Canadian dollar amounts to litical expression, freedom of woralsip, and
(2) the foreign debt d Latin American 32 to 34 percent and results in even further W independence of the media,' and
countries is a serious obstacle to their eco- increases in processed softwood timber ID) progress toward internal seconcilia-
nomic progress, threatens their stability. being imported into the United States. lion and a pluralistic democratic system, in-
and endangers the democratic processes in (2/ Therefore, it is the sense of the Con- eluding steps to liberalize institutions in
those nations press that the President should direct aggro- order to allow the internal opposition in
(3) the economic and political futures of priate officials of the executive branch, in- Nicaragua to become a viable Partner in the
many of the Latin American countries hang eluding the United States Trade Representa- Nicaraguan political Process.
cess.
in the balance and depend upon a successful tire, the Secretary of Agriculture. and the IN RESOLU770N OF THE C(WnJCT IN NICARA-
resolution of the foreign debt crisis; and Secretary of Commerce, to aggressively OUA.-
(e/ the confidence of the American people pursue discussions with the Canadian Gov- 11) BASla Poe Policy.-The Congress finds
in the United States system of banking is ernment directed toward immediate reduc- that-
also involved in a successful resolution of tion in the Canadian export of softwood tA) the people of Nicaragua are suffering
the foreign debt crisis. timber to the United States. the horrors of a fierce armed conflict that is
(b) REPORT.-Not later than January 1. S&C nL NICARA6(A. causing grove hardships and loos of life, has
1986. the See etary of State shall prepare l(L) SE77LEAM T of THE COMPUCT.-The Con- thrown the country into a serious political,
and transmit to the Congress a report on- tress- social and economic upheaval, and is o1 se-
(1) the magnitude of the foreign debt crisis (1) strongly supports national reconcilia- now concern to the nations of the region
in the Western Hemisphere Lion in Nicaragua and the creation of a and to the United States;
(2) the impact of the foreign debt crisis on framework for negotiating a peaceful settle- (B) this conflict is fundamentally a con-
the economies of the countries of Latin scent to the Nicaraguan conflict; and tinuation of efforts of the Nicaraguan
America,' (2) finds that the United States should, in people to attain a representative govern-
- the degree to which the national aecuri- assisting efforts to reach comprehensive and ment at peace with its neighbors, efforts
ty interests of the United States are impli- verifiable final agreements based an the which began under the Somoea regime; and
cated in this crisis; Contadara Document of Objectives, eneour- (G the United States recognized these
(*) the steps being taken and the Policy age the Government of Nicaragua to pursue nobteasgiratvons of the Nicaraguan people
being pursued by the United States aimed at a dialogue with the armed opposition forces in the June 2.3. J979, resolution of the Seven-
dealing with this crisis; and their political representatives for the teenth Meeting of Consultation of Ministers
(5) She degree to which the foreign debt purposes of achieving an equitable political
crisis affects the system of banking iw the settlement of the conflict, including free and of Foreign Affairs of the Organization of
American States, which reads as follows:
United States; and fair elections.
16) the steps being taken and the policy (b) UNITED STATES CONCERNS ABOUT NICARA- "WHEREAS.-
being pursued by the United States Govern- otAN FOREIGN AND Dower-mc PoL,c:ES.-The "The people of Nicaragua are suffering the
ment aimed at dealing with this crisis. Congress finds and declares the following: horrors of a fierce armed conflict that is
SEC 731 ECONOMIC ASSISTANCE FOR IBM( At. (1) Despite positive actions by the Con- causing grave hardships and loss of life, and
Of the amounts authorized to be apProPr'i- gross signaling support for negotiated solu- has thrown the country into a serious politi-
ated to carry out chapter 4 of part ll of the lions to conflicts in Central America, there cal, social, and economic upheaval;
Foreign Assistance Act of 1961 (relating to are disturbing trends in Nicaragua's foreign "The inhumane conduct of the dictatorial
the economic support fund), $15,000, 000 for and domestic policies, including- regime governing the country, as evidenced
fiscal year 1986 and $15,900,000 for fiscal (A) President Daniel Ortega 's April 1985 by the report of the Inter-American Commis-
year 1987 shall be available only for Uru- trip to the Soviet Union at a time when the Sion on Human Rights, is the fundamental
goal. Congress signaled its strong disapproval of cause of the dramatic situation faced by the
NEC. 72!. CANADIAN EAPORi5 71) THE (''VTED increasing Nicaraguan-Soviet ties; Nicaraguan people and,'
ETA TES (B) the Sandinista government's close "The spirit of solidarity that guides Hemi-
(a) CtrnnE AND Hops--41) The Congress military ties with Cuba, the Soviet Union, sphere relations places an unavoidable obli-
ftnds that- and its Warsaw Pact allies; the disappoint- getion on the American countries to exert
(A) livestock prices have been in decline trig and insufficient reduction of the every effort within their Power, to Put an
for some time due to excessive supply par- number of Cuban advisors in Nicaragua by end to the bloodshed and to avoid the pro-
hally caused by dramatic increases in im- only 100 out of an approximately 2,500; and longation of this conflict which is disrupt-
portation of live cattle and hogs from the continuing military buildup that Nicar- ing the peace Of the Hemisphere;
Canada, which has increased by 1,000 per- agua's neighbors consider threatening; THE SEVENTEENTH MEETING OF
cent in the last decade in the case of hogs ICI the Sandinista government's curtail- CONSULTATION OF MINISTERS OF FOR-
alone; ment of individual liberties, political ex- EIGN AFFAIRS.
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 Jrl[r 29, 1985 CONGRESSIONAL RECORD - HOUSE
.DECLARES:
'1-hat the solution of the serious problem
st esciusively within the jurisdiction of the
,eagle of Nicaragua.
That in the view of the Seventeenth Meet-
tog of Consultation of Ministers of Foreign
Aflaers this solution should be arrived at on
the basis of the following:
"1. Immediate and definitive replacement
of the Somoza regime
'2. Installation in Nicaraguan territory of
a democratic government, the composition
ar which should include the principal repre-
er-ntahee groups which oppose the Somoza
regime and which reflects the free will of the
people of Nicaragua.
3. Guarantee of the respect for human
rights of all Nicaraguans without exception.
^I. The holding of free elections as soon as
possible, that will lead to the establishment
of a truly democratic government that guar-
antees peace, freedom, and justice.
"RESOLVES.'
"1. To urge the member states to take steps
that are within their reach to facilitate an
enduring and peaceful solution of the Nica-
raguan problem on the bases set forth above,
scrupulously respecting the principle of non-
intervention and abstaining from any
action that might be in conflict with the
above bases or be incompatible with a
peaceful and enduring solution to the prob-
lem.
"2 To commit their efforts to promote hu-
manitarian assistance to the people of Nica-
ragua and to contribute to the social and
economic recovery of the country.
"3. To keep the Seventeenth Meeting of
Consultation of Ministers of Foreign Affairs
open while the present situation contin-
ues....
121 THE GOVERNMENT OF NICARAGUA.-The
Congress further fends that-
IA/ the Government of National Recon-
struction of Nicaragua formally accepted
the June 23, 1979, resolution as a basis for
resolving the Nicaraguan conflict in its
"Plan to Achieve Peace" which was submit-
ted to the Organization of American States
on July 12, 1979;
(B/ the June 23, 1979, resolution and its
acceptance by the Government of National
Reconstruction of Nicaragua was the formal
basis for the removal of the Somoza regime
and the installation of the Government of
National Reconstruction;
(C) the Government of National Recon-
struction, now known as the Government of
Nicaragua and controlled by the Frente San-
dinista (the FSLN), has flagrantly violated
the provisions of the June 23, 1979, resolu-
tion. the rights of the Nicaraguan people,
and the security of the nations in the region,
in that it-
ti) no longer includes the democratic
members of the Government of National Re-
construction in the political process:
evil is not a povernment freely elected
under conditions of freedom of the press, as-
sembly, and organization, and is not recog-
nized as freely elected by its neighbors,
Costa Rica, Honduras, and El Salvador"
(in' has taken significant steps towards
establishing a totalitarian Communist dic-
tatorship, Including the formation of FSLN
neighborhood watch committees and the en-
actment of laws that violate human rights
and grant undue executive power;
(U') has committed atrocities against its
citizens as documented in reports by the
Inter-American Commission on Human
Rights of the Organization of American
States:
(v) has aligned itself with the Soviet
Union and Soviet allies, including the
German Democratic Republic, Bulgaria,
Libya, and the Palestine Liberation Organi-
za tvon:
(nil has committed and refuses to cease ag-
gression in the form of armed subversion
against its neighbors In violation of the
Charter of the United Nations, the Charter
of the Organization of American States, the
Inter-American Treaty of Reciprocal Assist-
ance, and the 1965 United Nations General
Assembly Declaration on Intervention,' and
ltii) has built up an army beyond the
needs of immediate self-defense, at the ex-
pense of the needs of the Nicaraguan people
and about which the nations of the region
have expressed deepest concern.
(31 THE NICARAGUAN DEMOCRATIC OPPO,SI-
noN.-The Congress further finds that-
(A) as a result of these violations. the Gov-
ernment of Nicaragua has lost the support
of virtually all independent sectors of Nica-
raguan society who initially supported the
removal of the Somoza regime (including
democratic political parties of the left,
center, and right the leadership of the
Church: free unions,' and the business,
farmer, and professional sectors) and who
still seek democracy, reject the rule of the
Frente Sandinista, and seek the free elec-
tions promised in 1979:
(B) the Nicaraguan political opposition
has Joined with the armed opposition groups
in issuing the San Jose Manifesto of March
1, 1985, calling for a national dialogue
under mediation by the Nicaraguan Bishops
Conference to peacefully attain the fulfill-
ment of the Government of Nicaragua's
commitments to the Organization of Ameri-
can States, including "the democratization
of Nicaragua conscious that democracy is
the only means to carry out an authentic
revolution and secure our national identity
and sovereignty.;'
ICI on June 12, 1985, in San Salvador, El
Salvador, the political and armed opposi-
tion groups representing the entire demo-
cratic political spectrum of Nicaragua
formed the Unified Nicaraguan Opposition
and affirmed their 'historical commitment
to achieve for Nicaragua the reconciliation
of her children, to establish the foundation
for democracy and the moral and material
reconstruction of the nation"- and
(D) the Unified Nicaraguan Opposition
further declared its intention to "give prior-
ity at all times to a political solution which
will ease the suffering of our people":
111 CONCERNS 51e 755E REGION AHD UNITED
STATES *ESPONSIBILr7ES.-The Congress fur-
ther finds that-
(A/ Nicaragua's neighbors, Costa Rica, El
Salvador, and Honduras, have expressed, in-
dividually and through the Contadora proc-
ess, their belief that their peace and freedom
is not safe so long as the Government of
Nicaragua excludes from power most of Ni-
caragua's political leadership and is con-
trolled by a small sectarian party, without
regard to the will of the majority of Nicara-
guans,- and
(B) the United States, given its role in the
installation of the current Government of
Nicaragua, has a special responsibility re-
garding the implementation of the commit-
ments made by that Government in 1979, es-
pecially to those who fought against Somoza
to bring democracy to Nicaragua with
United States support.
(5) RESOLLTIQN OF THE CONFLICT:-The Con-
press-
(A) condemns the Government of Nicara-
gua for violating its solemn commitments to
the Nicaraguan people, the United States,
and the Organization of American States;
(B) affirms that the Government of Nica-
ragua will be regarded as having achieved
political legitimacy when it fulfills its 1979
commitment to the Organization of Ameri-
can States to implement genuinely demo-
cratic elections, under the supervision of the
Organization of American States, in which
all elements of the Nicaraguan resistance
can peacefully participate under conditions
recognized as necessary for free elections by
international bodies:
(Cl urges the Government of Nicaragua to
enter a national dialogue, as proposed by
the Nicaraguan democratic resistance in
San Jose, Costa Rica on March 1. 1985,
under mediation by the Nicaraguan Bishops
Conference in order to peacefully resolve the
current crisis through internationally reeop
nized elections in which all elements of Nic-
araguan society can freely participate:
ID) supports the Nicaraguan democratic
resistance in its efforts to peacefully resolve
the Nicaraguan conflict and to achieve the
fulfillment of the Government of Nicara-
gue's solemn commitments to the Nicara-
guan people. the United States. god the Or-
ganization o( American State.
(E) supports efforts by the Contadora no-
tions. the Organization of American States.
and other appropriate regional organiza-
tions to maintain multilateral pressure on
Nicaragua to fulfill its commitments,' and
IF/ requests that W. Secretary of State
transmit the text of this subsection to the
Foreign Ministers of the member states of
the Organization of American States
(d/ PROHIBITION RetwnNG TO MILrIART OR
PanwairARy OPERAfos n NICARAovA.-
Notwithstanding any other prorision of
law, no funds authorized to be appropriated
or otherwise made available by this Act
(except the funds authorized to be appropri-
ated in this seetionl, by the Foreign Assist-
ance Act of 1961, or by the Arms Export Con-
trol Act shall be used to provide assistance
of any kind, either directly or indirectly, to
any person or group engaging in an insur-
gency or other act of rebellion against the
Government of Nicaragua. The United
States shall not enter into any arrangement
conditioning, expressly or Implicitly, the
provision of assistance under this Act or the
purchase of defense articles and services
under the Arms Export Control Act upon the
provision of assistance by a recipient to per-
sons or groups engaging in an insurgency or
other act of rebellion against the Govern-
ment of Nicaragua
Ill LFMITA77ON ON USE of FUNDS AGADYNT
N,cARAGUA.-None of the funds authorized to
be appropriated in this or any other Act can
be used to fund directly, or indirectly, ac-
tivities against the Government of Nicara-
gua which have not been authorized by, or
pursuant to, law and which would place the
United States in violation of our obligations
under the Charter of the Organization of
American States, to which the United States
is a signatory, or under international law as
defined by treaty commitments agreed to
and ratified by, the Government of the
United States.
(f) FooD Am m nnE NICARA GLUM PEOPLE.-
In cooperation with Cardinal Miguel
Obando y Bravo and private and voluntary
organizations, the President should explore
and promote means for providing food aid
to the Nicaraguan people through private
and voluntary organizations and the Catho-
lic Church
(g) HUMANITARIAN ASSISTANCE as NICARA-
GUAN DEMocRAne RESISTANCE.-(1/ Effective
upon the date of enactment of this Act, there
are authorized to be appropriated
$27,000,000 for humanitarian assistance to
the Nicaraguan democratic resistance. Such
assistance shall be provided to such depart-
ment or agency of the United States as the
President shall designate, except the Central
Intelligence Agency or the Department of
Defense
(2) The assistance authorized by this sub-
section is authorized to remain availablefor
obligation until March 31, 1986.
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H 6722 CONGRESSIONAL RECORD - HOUSE July 29, 1985
(3) One-thin! of the assistance authorized of enactment of this Act, and every 90 days has been on that calendar for a period of 5
by this subsection shall be available for obli- thereafter. on any actions taken to carry out legislative days, it is in order for any
gation at any time after the appropriation subsections (p) and (h). Each such report Member Sf the r asouse the (after consultation
of funds pursuant to such authorization, an shall include-with the pe to most additional one-third shall be available for (1) a detailed statement of any progress time for the consideration of that joint rests
obligation upon submission of the first made in reaching a negotiated settlement re- lution) to move that the House resolve Itself
report required by subsection (jl, and the re- ferred to in subsection (i)(1), including the into the Committee of the Whole House on
maining one-third shall be available for ob- willingness of the Nicaraguan democratic the that joint of resolution. Unionfor the consideration
ligation upon submission of the second such resistance and the Government of Nicara-77te is highly
report. qua to negotiate a settlement; privileged and is in order even though a pre-
(4) The President shall establish appropri- 121 a detailed accounting of the disburse- vious motion to the same effect has been dis-
ate procedures to ensure that any humani- menu made to provide humanitarian assist- agreed to. All points of order against the
tarian assistance provided by the United ance with the funds provided pursuant to joint resolution under clauses 2 and 6 of
States Government to the Nicaraguan demo subsection (p); and Rule XXI of the Rules of the House are
cratic resistance is used only for the intend- (3) a discussion of the alleged human waived. If the motion is agreed to, the reso-
ed purpose and is not diverted (through rights violations by the Nicaraguan demo lution shall remain the unfThished business
barter, exchange, or any other means) for ac- cratic resistance and the Government of of the House until disposed N. A motion to
quisition of weapons, weapons systems, am- Nicaragua, including a statement of the reconsider the vote by which the motion is
munition, or other equipment, vehicles, or steps taken by the Nicaraguan democratic disagreed to shall not be in order.
material which can be used to inflict serious resistance to comply with the request re- (B) Debate on the joint resolution shall
bodily harm or death ferred to in subsection (i)(3). not exceed ten hours, which shall be divided
(51 As used in this subsection, the tern (k) SUBMISSION OF REQUEST FOR ADDITIONAL equally between a Member favoring and a
"humanitarian assistance" means the provi- ASSISTANCE FOR THE CENTRAL AMERICA PEACE Member opposing the joint resolution A
sion of food, clothing, medicine, and other pROCESs.-If the President determines at any motion to limit debate is in order at any
humanitarian assistance, and it does not time after the enactment of this Act that- ti me in the House or in the Committee of the
(1) negotiations based an the Contadora Whole and is not debatable.
include tae provision of wapone, weapons Document of Objectives of September 9, (C) An amendment to the joint resolution
systems, mmanirion, hr Meer equipment, 1983, have produced an agreement, or show is not in order.
inflict ices, or s bodily which can be used to promise of producing an agreement, or (D) at the conclusion of the debate on the
serious Cily harm or death.
NTA7veT (2) other trade and economic measures
(hl ASSISTANCE FOR ,-PLEME the will assist in a resolution of the conflict, or shall joint rise se and w nd d the report t the the joint t the Whole
CONTAt10RA AGREEMENT.-EJfeMivC upon tie int resolution
date of enactment of this Act, there are au- to stabilization in the region, back to the House, and the previous question
thorized to be appropriated $2,000,000, the President may submit to the Congress a shall be considered as ordered on the joint
which are authorized to remain available request for budget and other authority to resolution to final passage without interven-
until expended, for payment by the Secre- provide additional assistance for the forth- ing motion
tary of State for the expenses arising from erenee of the Central America peace process. (6) As used in this subsection, the term
implementation by the Contadora nations (1) STATEMENT TO BE INCLUDED-The PM"- 'legislative day" means a day on which the
iMerico, Panama, Colombia, and Venezu- dent's request pursuant to subsection (k) House is in session
ela) of an agreement among the countries of shall include a detailed statement as to (?) SENATE PROCEDURES.-A joint resolu-
Central America based on the Contadora Progress made to resolve the conflict in the tion which is introduced in the Senate
Document of Objectives of September 9, region. within 3 calendar days after the day on
1983, including peacekeeping, verification, (m) CONSULTATION Wm( THE CoNORESS.-In which the Congress receives a Presidential
and monitoring systems. formulating a request pursuant to subseC- request described in subsection (k) and
(i) POLICIES Wi7w REspecT ro NICARAGUA.- Lion (k), the President shall consult with the which, if enacted, would grant the President
The President is hereby urged and request- Congress. the authority to take any or all of the ac-
ed- (n) HOUSE PROCEDURES.-(1) The provi- tions described in subsection (k) shall be
(1) to pursue vigorously the use of diplo? sions of this subsection apply, during the considered in accordance with procedures
matic and economic measures to resolve the 99th Congress, to the consideration in the contained in paragraphs (3) through (7) 01
conflict in Nicaragua, including simultane- House of Representatives of a joint resolu? section 8066(c) of the Department of Defense
ous negotiations- tier with respect to the request submitted by Appropriations Act, 1985 (as contained in
(A) to implement the Contadora Document the President pursuant to subsection (k/. Public Law 98-473), except that-
(2) For purposes of this subsection, the
of Objectives o 1983; and 11/ references in such paragraphs to the
(B/ to devetlop, , in in close se consultation and term "joint resolution" means only a joint Committees on Appropriations OJ the Senate
economic with other nations, trade and resolution introduced within 3 legislative shall be deemed to be references to the ate
economic measures to complement such days after the Congress receives the request propriate committee or committees of the
policies of the United States and to encour? submitted by the president pursuant to sub- Senate; and
age the Government of Nicaragua to take section (k)- (2) amendments to the joint resolution are
(A) the matter after the resolving clause of steps the necessary nd tto resolve
approces the follows: "That the auth Cimgress (p1 SUBMISSION OF REQUEST FOR ADDITIONAL
econom a sanctions hereby hereby is as
additional authority ASSISTANCE FOR NICARAGUAN DEMOCRATIC R~-
posed n the Cates military M maneuvers 1985, and n in n and assistance America
Ho United Sa off the Nicaragua, ea process that for the the President dent ident Security requested and srsrANcE.-tithe President determines at any
pursuant nt to the process t eInternational after the enactment of this Act that-
the Goveesrnandmeet off of the Nicaragua of agrees- if peace
Development Cooperation Act of 1985, not- (1) negotiations based on the Contadora
the Gov
dialogue with all elements of withstanding section 10 of Public Law 91- Document of Objectives of September 9,
(B) to open a fire,
1983, have failed to produce an agreement,
the opposition, including the Nicaraguan 672.';
democratic resistance, and (BI which does not have a preamble; and ?f(2) other trade and economic measures
! to suspend the state of emergency in Resolution title of relating hto Central America pur- have failed to resolve the conflict,
Nicaragua;
call International Security and De- the President may submit to the Congress a
ranks nks any vemart to the Cooperation ion Act of 1985 o f 1985 . ' : request for budget and other authority to
their democrat-
is !rl i aaresistance upon the remove from Nicaraguan
A joint t resolution individuals who have engaged in human (3) l A joint shall, upon introduc- provide additionsl assistance for the Nica-democratic rights abuses; and tion, be referred to the appropriate commit- ra Qu STATEMENT To BE stance, The Presi-
toe (4) Government to resume of bilateral Nicaragua with discussions a with view tee or at(vescommittees of the House of Represent- dent's request pursuant to subsection !p-
.
to encouraging- (4) U all the committees of the House to shall include a detailed statement as to why
(A) a church-mediated dialogue between which a joint resolution has been referred the negotiations or other measures have
the Government of Nicaragua and all ele- have not reported the same joint resolution failed to resolve the conflict in the region
ments of the opposition, including the Nica- by the end of 15 legislative days after the (r) CONSULTATION WITH 771E CONGRESS.-In
raguan democratic resistance, in support of first joint resolution was introduced, any formulating a request pursuant to subsec-
internal reconciliation as called for by the committee which has not reported the first tion (p), the President shall consult with the
Contadora Document of Objectives; and joint resolution introduced shall be dis? Congress.
(B) a comprehensive, verifiable agreement charged from further consideration of that (s) HOUSE PRocgDtrnas.-(1) The provt-
among the nations of Central America, joint resolution and that joint resolution sions of this subsection apply, during the consideration based on the Contadora Document of Objec- shall be placed on the appropriate calendar House of mess, ere selves of joint in the
tives. of the House.
(j) REPORTS.-The President shall submit a (5)(A) At any time after the first joint reso- Lion with respect to the request submitted by
report to the Congress 90 days after the date lution placed on the appropriate calendar the President pursuant to subsection (p).
I
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2R,1585 CONGRESSIONAL RECORD - HOUSE
4y For surposes of this subsection, the
,Drat resolution- means only a joint
M introduced within 3 legislative
request
;0Phij'_0_" Vie Congress eives
after
dw tted by the President pursuant sub-
meter after the resolving clause of
tA)
r00 is as follows: "That the Congress
Rr1ay approves the additional authority
ayistasce for the Nicaraguan demo-
t` to the Iteternatiio President Security
aid ms~ p inptsectCoopetion Act of ion10 of Public 1Law
X1-671 `? .
tB, which does not have a preamble; and
ICI of title of which is as follows: "Joint
wooration relating to Central America pur-
poat to the International Security and De-
cooperation Act of 1985.'.
I3, A joint resolution shall, upon introduc-
ngR be referred to the appropriate commit-
iw or committees of the House of Represent-
ahres.
all the committees of the House to
u, U
VWwh a joint resolution has been referred
how not reported the same joint resolution
by the end of 15 legislative days after the
h'l joint resolution was introduced, any
s.0,ltmittee which has not reported the first
pewl resolution introduced shall be dis-
awarped from further consideration of that
pint resolution and that joint resolution
shs1 be placed on the appropriate calendar
a( the Howe.
tS,tAI At any time after the first joint reso-
/utwn placed on the appropriate calendar
has been on that calendar for a period of 5
isgistative days, it is in order for any
Member of the House /after consultation
-tth the Speaker as to the most appropriate
time for the consideration of that joint reso-
lrhon, to move that the House resolve itself
into the Committee of the Whole House on
the State of the Union for the consideration
N that joint resolution. The motion is highly
privileged and is in order even though a Pre-
vious motion to the same effect has been dis-
agreed to. All points or order against the
'joint resolution under clauses 2 and 6 of
Rule XXI of the Rules of the House are
waived. If the motion is agreed to. the reso-
lution shall remain the unfinished business
of the House until disposed of. A motion to
reconsider the vote by which the motion is
disagreed to shall not be in order.
(B) Debate on the joint resolution shall
not exceed ten hours, which shall be divided
equally between a Member favoring and a
Member opposing the joint resolution. A
motion to limit debate is in order at any
time in the House or in the Committee of the
Whole and is not debatable.
(C) An amendment to the joint resolution
is not in order.
(D.' At the conclusion of the debate on the
joint resolution, the Committee of the Whole
shall rise and report the joint resolution
back to the House, and the previous question
shall be considered as ordered on the joint
resolution to final passage without interven-
tng motion.
(6) As used in this subsection, the term
'legislative day" means a day on which the
House is in session.
It) SENATE PROCEDURES.-A joint resolution
which is introduced in the Senate within 3
calendar days after the day on which the
Congress receives a Presidential request de-
scribed in subsection (p) and which, if en-
acted. would grant the President the author-
ity to take any or all of the actions described
in subsection (p1 shall be considered in ac-
cordance with procedures contained in
paragraphs tat through t7) of section 8066(c)
of the Department of Defense Appropria-
tions Act, 1985 (as contained in Public Law
98-473). except that-
(1) references in such paragraphs to the
Committees on Appropriations of the Senate
shall be deemed to be references to the ap-
propriate committee or committees of the
Senate,' and
(2) amendments to the joint resolution are
in order.
tut CONGRESSIONAL RULEMAKING POWERS.-
Subsections /n). too (s), and (t/ are en.
acted-
(1) as exercises .of the rulemaking powers
of the House of Representatives and Senate,
and as such they are deemed a part of the
Rules of the House and the Rules of the
Senate, respectively, but applicable only
with respect to the procedure to be followed
in the House and the Senate in the case of
joint resolutions under this section, and
they supersede other rules only to the extent
that they are inconsistent with such rules:
and
12) with full recognition Of the constitu-
tional right of the House and the Senate to
change their rules at any time, in the same
manner, and to the same extent as in the
case of any other rule of the House or
Senate, and of the right of the Committee on located to assist sector projects supported by
Rules of the House of Representatives to the Southern Africa Development Coordina-
report a resolution for the consideration of tion Conference 1SADCC, to enhance the
any measure, economic development of the nine member
TITLE {771-AFRICA states forming this important regional insti-
SEC x11. aALANCE?OF-PAI-ME.NIS Si'PPORr FT,R tution, especially in the following sectors:
COUNTRIES IN AFRICA. transportation, agricultural research and
ta) ESF CoMMOD/T7 IMPORT AND SEC-MR training, manpower development and insti-
PROORAMS.-Agreements with countries in tuts al support t for the rS DCC secretariat.
AFRICA
carry for out the use of
chapter 4 4 funds of REGIONAL PROGRAMS.-tit The administrator
made available to Provide
made
part 11 of the Foreign Assistance Act of 1961 of the agency primarily responsible for ad-
y which
{ the fiscal those countries (under commodi- Act of 1961 shall conduct a studAssistance
ty import programs or sector programs) evaluates-
shall require that those imports be used to (A) the assistance which that agency pro-
meet long-term development needs in those rides to the Southern Africa Development
countries in accordance with the following Coordination Conference and other African
criteria.. regional institutions and economic develop-
(1) Spare parts and other imports shall be ment organizations, and
allocated on the basis of evaluations, by the (B) ways to improve such assistance.
agency primarily responsible for adminis- (2) The administrator shall also conduct a
tering part I of that Act, of the ability of study which assesses what type of bureau-
likely recipients to use such spare parts and cratic mechanism within that agency might
imports in a maximally productive, employ. be established to coordinate assistance to all
meet generating, and cost effective way. African regional institutions.
(2) Imports shall be coordinated with in- (3) The administrator shall submit the re-
vestments in accordance with the recipient suits of the studies conducted pursuant to
country's plans for promoting economic de- this subsection to the Congress within 3
velopment. The agency primarily responsi- months after the date of enactment of this
ble for administering part I o/ that Act shall Act
assess such plans to determine whether they (c) Soi771 AFRICA EDUCATIONAL TRAINING
will effectively promote economic develop- PROGRAMS.-Funds available to carry out
ment chapter 4 of part 11 of the Foreign Assistance
(3) Emphasis shall be placed on imports Act of 1961 for fiscal year 1986 and fiscal
for agricultural activities which will expand year 1987 which are used for education or
agricultural production, particularly activi- training programs in South Africa may not
ties which expand production for export or be used for programs conducted by or
production to reduce reliance on imported through re financed in South the Afri a
Got-
agricultural products.
14) Emphasis shall also be placed on a dis- ernmeni of South Africa, such as the "home-
tribution of imports having a broad devel- land" and "urban council" authorities.
opment impact in terms of economic sectors Such funds may only be used for programs
and geographic regions. which in both their character and organiza-
(5) In order to maximize the likelihood tional sponsorship in South Africa clearly
that the imports financed by the United reflect the objective of a majority of South
States under such chapter are in addition to Africans for an end to the apartheid system
imports which would otherwise occur, con- of separate development Nothing in this
sideration shall be given to historical pat- subsection shall be construed to prohibit
terns of foreign exchange uses. programs which are consistent with this
(61(A) Seventy-five percent of the foreign subsection and which award university
currencies generated by the sale of such im? scholarships to students who choose to
ports by the government of the country shall attend a South African-supported universi-
be deposited in a special account established ty.
by that government and except as provided (d) HUMAN RIGHTS FUND PoR SOUTH
in subparagraph IBI, shall be available only AnucA.-Of the amount allocated for the
for use in accordance with the agreement for Human Rights Fund for South Africa under
economic development activities which are chapter 4 of part II of the Foreign Assistance
consistent with the policy directions of sec- Act of 1961 for each of the fiscal years 1986
lion .102 of the Foreign Assistance Act of and 1987, not less than 35 percent shall be
1961 and which are the types of activities used for direct legal and other assistance to
H 6723
for which assistance may be provided under
sections 103 through 106 of that Act
(B) The agreement shall require that the
government of the country make available
to the United States Government such por-
tion of the amount deposited in the special
account as may be determined by the Presi-
dent to be necessary for requirements of the
United States Government
Ibt ANNUAL EVALUATIONS.-The agency pri-
marily responsible for administering part I
of the Foreign Assistance Act of 1961 shall
conduct annual evaluations of the extent to
which the criteria set forth in this subset.
tion have been met.
SF( s02. ECONOMIC St?PPORr
$01THER% AFRICA.
(a) FUNDS FOR Sor77iERN AFRICA REGIONAL
PROGRAMS.-Of the amounts authorized to
be appropriated to carry out chapter 4 of
part 11 of the Foreign Assistance Act of 1961,
not less than $30.000,000 for fiscal year 1986
and not less than $30,000,000 for fiscal Year
1987 shall be available only for regional pro-
grams in southern Africa. Not less than 50
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 CONGRESSIONAL RECORD - HOUSE July 29,
H 6724 1985
political detainees and prisoners and their that policies be adopted for all South Afri- ,Went. As part of this policy, the United
families, including the investigation of the ca's citizens which protect the sanctity of States should carefully consider each type of
killing of protestors and prisoners, and for the family, individual liberty. maximum military assistance it furnishes to any of the
support for actions of black-led community freedom of choice, ownership of private parties to the conflict and should seek to
organizations to resist, through non-violent property, and equal treatment of all citizens, i sta the t>s ofurnishing of such
United litary
su the enforcement of apartheid poll- regardless
8*1. sS N of race. YE F policy which seeks a negotiated settlement
means,
cies sre11 as- cer- SEC. Bal. ECONOMIC R RT 1A E. FURTHER STATEMENT OF POLICY.-It is
(1) removal of black on acc sent from race or l oc Led for s stanc SSISTANCEe Fund under r the /b) further policy of the United States to allo twin origin, areas on account of race or chapter ssistance for Zaire support Morocco's legitimate defense needs
ethnic c origin, chapt4 for 4 of part II of the Foreign Assistance and to discourage aggression by any country
(2) denationalization blacks, including Act of 1961 for each of the fiscal years 1986 a against another.
any distinctions between n the South African and 1987 shall be used only for assistance in SEC. Rp.North SAHEL Africa against
citizenships blacks and whites, which is provided in accordance with the
(3) residence ce restrictions based on race or provisions applicable to assistance under (a) AUTHORIZATIONS Or APPROPRIATIO.',S.-
ethnic origin, chapter 1 of part I of the Foreign Assistance The third sentence of section 121(c) of the
(4) restrictions on the rights of blacks to Act of 1961. Such assistance shall be provid- Foreign Assistance Act of 1961 is amended
seek employment in South Africa and live ed, to the maximum extent practicable, to read as follows: "In addition to the
wherever they find employment in South through private and voluntary organiza- amounts authorized to be appropriated in
Africa, and tions, the preceding sentences andeto funds other-
15) restrictions which make it impossible fb/ MILITARY AssisrANCE.-For each of the wise available for such purposes, there are
for black employees and their families to be fiscal years 1986 and 1987- authorized to be appropriated to the Presi-
housed in family accommodations near (1) the value of assistance provided under dent for purposes of this section $87,750,000
their place of employment chapter 2 of part II of the Foreign Assistance for fiscal year 1986 and $87,750,000 for fiscal
SEC. Rat POLIC)' TOWARD SOUTH AFRICAN "HOME- Act of 1961 for Zaire may not exceed year 1987.".
LANDS". $7,800,000; and (b/ IMPROVING ADMINISTRATM t.APABILITIES
(a) FINDINGS.-The Congress finds that- (2) financing may not be provided under or HOST GovERNMENTS.-Section 121 of such
Ie the axime m i m -Sectio
of c ehi i e, ownar- the Arms Export Control Act for Zaire. Act is amended by adding at the end thereof rty, ship o private d treat- owe t. SEC. 8ai ASSISTANCE FOR TUl'ISIA. the following new subsection:
regardless equal (a) POLICY CONCERNING SECURITY Asslsr- "(e) Grants shall be made under this see.
ment of l property,
mart pf all citizens, fully sups of race. are ANCE.-The United States provides security tion to Sahel Development Program host les Aericcan rian peocpl lee.' are fully +uParied by the assistance to Tunisia in recognition of the governments in order to help them enhance
American traditional friendship between the United their administrative capabilities to meet the
/v the -forced the of blacks by the administrative requirements resulting from
as. donor country projects and activities. ".
The based o on provision Pour common inter-
families, ests States she region. on ion. and
as t Government 'htoe Repomelands ubl " ic divides
as f familn the expectation SRC. 811 AIRICAA' DEI'ELOPMENT POL:1DATIO.\'.
families designated are recut red to remain in the st the sistance the is also
"homelands" while Jcthers seek work in the that political stability and development in (a) AOT'HORIZATIONS or APPROPRIATUONS.-
so-called "white areas"; Tunisia will be best advanced through con- Section 510 of the African Development
(3) the forced removal of persons living in tinued growth of democratic institutions. Foundation Act is amended to read as fol.
so-called "black spots" in "white" rural !b/ EARMARKING or MAP AND ESF.-For Lows:
areas in South Africa denies them the funda- each of the fiscal years 1986 and 1987- 'eimioRIZATrONS OFAPPROPRZATIONS
mental right to live and to farm on land (1l not less than $15,000,000 of the "SEC. 510. There are authorized to be ap-
they have legally occupied for years, and amounts authorized to be appropriated to propriated to carry out this title, in addi-
subjects them to arbitrary arrest and deten- carry out chapter 2 of part II of the Foreign tion to amounts otherwise available for that
tion when they seek these rights; Assistance Act of 1961, and purpose, $3,872,000 for fiscal year 1986 and
(4) compared to "white" South Africa, the (2) not less than $20,000,000 of the $3,872,000 for fiscal year 1987. Funds appro-
designated "homelands", which are meant amounts authorized to be appropriated to priated under this section are authorized to
to accommodate the largest South African carry out chapter 4 of Part II of that Act, remain available until expended':
population group on a fraction of South Af- shall be available only for Tunisia. !b) EXTENSION or AUTHORITIES.-Section .
rican territory and were established without SEC. 841 POLITICAL SEITLE.ME.'.T IN SCD.AN. 511 of such Act is amended by striking out
the consent of the vast majority of the gov- (a) FINDINGS.-The Congress finds that- "1985" and inserting in lieu thereof "1990".
erned, are characterized by high rates of (1) friendship and mutual interests bind SEC 811. REPEAL OF CLARK AMENDMENT.
infant mortality, unemployment, and mal- the United States and Sudan,' and Section 118 of the International Security
nutrition and by a severe shortage of medi- (2) the peace, security, and economic de- and Development Cooperation Act of 1980
cal services; velopment of Sudan depend in large part on (prohibiting assistance for military or para-
(5) the policy of the Government of the Re- addressing the problems associated with the military operations in Angola) is repeated
Public of South Africa denies blacks their traditional north-south division in that SEC. 81L FAILI'RE OF THE ETHIOPIAN GOYERYMENT
rightful claim to full South African citizen- country through political rather than mill- To RESPONSIBLY AMELIORATE
ship; and Lary means. FAMINE CO:NDITIO.N&
I6) the recent violence in South Africa IN UNITED STATES PoucY.-It is, therefore, (a) FINDINGS.-The Congress finds that-
must be seen as an inevitable result of the the policy of the United States that the pro- (1) many thousands of Ethiopian people
denial of the full rights of citizenship. vision of security assistance to Sudan shall have suffered and died, and an additional
(b) STATEMENT OF POLICY.-It is the sense of be based on the expectation that the Govern- ten million people are in danger of death,
the Congress that- ment of Sudan will make progress toward through starvation caused by prolonged
(1) the policy of separate development and reaching a political settlement with all par- drought;
the forced relocation of the people of the Re- ties to the conflict in the south of Sudan (2) the Government of the United States
public of South Africa are inconsistent with SEC. 81I. ELECTIONS 1.+ LIBERIA. has a continuing commitment to the enter-
rally c American p principles values nd interns- In recognition of the special relationship gency fund under title II of the Agricultural
fundamental
tights, recognized pnciplof human that the United States has with Liberia and Trade Development and Assistance Act of
rights; of the wide variety of interests that the 1954 (the Food For Peace Act);
12/ the Governmont of rde United States United States has in Liberia, security assist- (3) United States emergency food assist-
p sogad as within of ance for Liberia for fiscal years 1986 and ante for Africa in fiscal year 1985 is more
should continue
South Africa all persons born boundaries of the the 1987 is based on the expectation of a sue- than twice the amount provided in fiscal
Republic of South recognized and not f cessful completion of free and fair elections, year 1984, and is the largest amount cant rib-
ate amo g hese Africa, and not basis o Me on a multiparty basis, in October 1985 as uted by any single donor,
Ste among these citizens on the bash of the Proposed by the Government of Liberia and (4) the Ethiopian Government, as a client
grantedinAfindn Govern dependence m to ent's various " claim t7home. e- have on a return to full civilian, constitutional state of the Soviet Union, has considered the
grant rule as a consequence of those elections. equipage and modernization of its five hun-
! lands SEC 848, RGSTER%'SAHARA. dred thousand-person military organization
at such times Jici al applies for r a visa that any for travel and" of to the Ia/ UNITED STATES Poucr.-The policy of more vital than alleviating the suffering of
United States, such visa should not be grant- the United States shall be to support a nego- its people caused by drought,'
ed unless that official holds a passport tiated political solution to the conflict in (5) the Ethiopian Government has consid-ilitary
org tion
outli d more vital thanDpromoting a viableanational
mnt is recognized as valid by the Govern- the ale of self-determination as account
principle
meen) of the United es:
ent States:
the United States in the 1981 Nairobi resolution and to en- agrarian policy;
(4) the Got,r vernment of and
should urge that the forced relocation of courage all parties to the conflict to reach a (6) there is evidence that the Government
South African citizens be discontinued and peaceful internationally recognized settle- of Ethiopia has used the drought-caused
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imo 29, 1985
Awa,iae to induce cooperation from certain
Wuvtfd
Ethiopians who t seek
fundamental changes in their coun-
t".
,,, the united States Government is con-
ar'+*rd about the seizure by the Ethiopian
parvrnment of an Australian aid ship in an
0kmpt to cut off food to its citizens in the
wwr~^h regions, an area most severely
atr4ektn by/amine; and
to, LAW Ethiopian Government deems the
Vora ranee and status of its socialist system
s.T worthy of allention than its citizens
and agricultural policies in need.
~~A Nate Poucy.-It is the sense of
11i the Government of Ethiopia should be
candemned for failing in its responsibility
N ,i ff1cientty ameliorate the severe drought
sad famine conditions throughout its agrar-
ian countrys
m
i2) the GOvernent of Ethiopia should al-
iacalr more of its resources toward the de-
Peapment of a more balanced and effective
agrarian system,'
1$) human rights monitoring groups can
bra positive force for human rights in Ethi-
apia and should be allowed to function and
Mould be supported'
14) the Government of Ethiopia should
initiate a genuine policy of national recon-
cd3ation,'
(Si the continued improvement of Ethio?
pay treatment of the Ethiopian people and
respect for human rights would better rela-
tions between the United States and Ethio-
a
pis) the President or his representatives
should convey to Ethiopian officials the
concerns of the Congress expressed in this
section at every opportunity; and
17) the President or his representatives
should also convey these concerns of the
Congress to the governments of United
States allies and urge the cooperation of
those governments in efforts to ensure a
more responsible Ethiopian Government.
(C! PROHIBITION ON IMPORTS AND EXPORTS.-
11) The President shall determine, within 30
days after the date of enactment of this Act,
whether the Ethiopian regime is conducting
a deliberate policy of starvation of its people
and has not granted fundamental human
rights to its citizens. The President shall
submit that determination, and the basis for
that determination, to the Congress.
(2! If the President determines that such a
policy is being conducted and that such
rights are not being granted, Paragraph (3)
shall take effect if the Congress enacts a
joint resolution approving that determina-
tion.
(31 If the conditions specified in para-
graphs (1) and (2) are met-
(A) goods and services of Ethiopian origin
may not be imported into the United States;
and
(B! except for emergency relief, rehabilita-
tion, and recovery assistance, goods and
services of United States origin may not to
exported (directly or indirectly) to Ethiopia.
(d) PROHIBITION ON ECONOMIC ASSISTANCE.-
The President shall suspend all forms of eco-
nomic assistance to the Government of Ethi-
opia. This section shall not be construed to
prevent the furnishing of international dis-
aster assistance under section 491 of the
Foreign Assistance Act of 1961 or economic
assistance which will directly benefit needy
people in accordance with section 116 of
that Act.
SEC. 813. ASSISTANCE FOR THE PEOPLES REPUBLIC
OF MOZA.NIRQI'S
(a) ECONOMIC ASSISTANCE.-The funds au-
thorized to be appropriated for fiscal years
1986 and 1987 to carry out chapter 1 of part
I (relating to development assistance) and
chapter 4 of part II (relating to the econom-
ic support fund) of the Foreign Assistance
Act of 1961 that are allocated for bilateral
assistance to the People's Republic of Mo-
sambique shall be used solely for assistance
to the private sector of the economy of Mo-
zambique to the maximum extent practica-
ble. To the maximum extent practicable
such funds shall be channeled to non-gov:
ernmental entities in Mozambique.
(b) MILITARY ASSISTANCE.-(I) None of the
funds authorized to be appropriated for
fiscal year 1986 or fiscal year 1987 to carry
out chapter 2 of part II (relating to grant
military assistance) or chapter 5 of part II
(relating to international military educa-
tion and training) of the Foreign Assistance
Act of 1961 shall be used to provide assist-
ance to the People's Republic of Mozam-
bique unless the President makes the certifi-
cation described in paragraph (2) before
providing any such assistance for that fiscal
year.
(2) The certification required by para-
graph (1) is a certification by the President
to the Speaker of the House of Represena-
tives and to the chairman of the Committee
.on Foreign Relations of the Senate that the
Government of the People's Republic of Mo-
zambique-
(A) is making a concerted and significant
effort to comply with internationally recog-
nized human rights;
(B) is making continued progress in im-
plementing essential economic and political
reforms, including the restoration of private
property and respect for the right to engage
in free enterprise in all sectors of the econo-
my;
(C) has implemented a plan by September
30, 1986, to reduce the number of foreign
military personnel to no more than 55; and
(D)(i) in the case of a certification with
respect to assistance for fiscal year 1986, is
committed to holding free elections at a date
no later than September 30, 1986, and to
that end has demonstrated its good faith ef-
forts to begin discussions with all major po-
litical factions in Mozambique which have
declared their willingness to find and imple-
ment an equitable political solution to the
conflict, with such solution to involve a
commitment to-
(I) the electoral process with internation-
ally recognized observers; and
(II) the elimination of all restrictions on
the formation and activities of opposition
political parties; and
(i) in the case of a certification with re-
spect to assistance for fiscal year 1987, held
free elections by September 30, 1986.
TITLE IA--ASIA
SEC. Mi. THE PHILIPPINES
(a) DEMOCRACY IN THE PHILIPPINES.-it is
the sense of the Congress that the United
States should encourage the revitalization of
democracy in the Philippines. To that end,
the Congress affirms its intention to grant
future aid to the Philippines according to
the determination of the Congress that
United States security interests are en-
hanced and sufficient progress is made by
the Government of the Philippines in-
(1) guaranteeing free, fair, and honest
elections in 1986 and 1987, or sooner should
any such elections occur,
(2) ensuring the full, fair, and open pros-
ecution of those responsible for the murder
of Benign Aguino, including those involved
in the cover-up;
(3) ensuring freedom of speech and free-
dom of the press, and unrestricted access to
the media on the part of all candidates for
public office in the local and provincial
elections of 1986 and the Presidential elec-
tion of 1987;
(4) establishing the writ of habeas corpus
and the termination of the Presidential De-
tention Action and all other forms of deten-
tion without charge or trial
(5) releasing all individuals detained or
imprisoned for peaceful political activities:
(6) making substantial progress in termi-
nating extrajudicial killings by the Philip-
pine military and security forces and the
prosecution of those responsible for such
killings in the past:
(7) implementing structural economic re-
forms and a strengthening of the private
sector, including elimination of corruption
and monopolies: and
(8) enhancing the professional capability
of the Philippine armed forces and security
forces (including the Philippine Constabu-
lary and the Civilian House Defense Forces).
(b) PRIMARY PURPOSE OF UNITED STATES As.
515TANCE.-The Congress finds and declares
that the primary purpose of United States
assistance to the Philippines should be to
maintain and faster friendly relations be-
tween the people of the Philippines and the
people of the United States and to encournoe
the restoration of internal security, both of
which goals can be best served by the
achievement of an open and stable democra-
cy.
(c) CONGRESSIONAL OVERSIGHT.-The Con-
gress, in determining future aid levels for
the Philippines, will take into account not
only our military bases agreement with that
country, but also the extent to which the ob-
jectives and goals specified in subsections
(a) and (b) have been implemented. The
Congress may defer assistance for the Phil.
ippines under both chapter 2 of part II of
the Foreign Assistance Act of 1961 and the
Arms Export Control Act if-
(1) significant progress is not achieved
with respect to the objectives and goals spec-
ified in subsections (a) and (b), or
(2) the Congress finds that such assistance
is used to violate the internationally recog-
nized human rights of the Filipino people.
(d) AMOUNTS OF AsstsTANCE.-Of the
amounts authorized to be appropriated for
each of the fiscal years 1986 and 1987-
(1) to carry out the Arms Export Control
Act (relating to foreign military sales fi-
nancing), not more than $20,000,000 may be
used for assistance for the Philippines;
(2) to carry out chapter 2 of part II of the
Foreign Assistance Act of 1961 (relating to
grant military assistance), not more than
$50,000,000 may be used for assistance for
the Philipines; and
(3) to carry out chapter 4 of part II of the
Foreign Assistance Act of 1961 (relating to
the economic support fund), $110,000,000
shall be available only for the Philippines.
(e) NoNLrJHAL Ass,sTANcE.-Assistance pro-
vided for the Philippines for fiscal year 1986
under the Arms Export Control Act or under
chapter 2 of part II of the Foreign Assistance
Act of 1961 shall be nonlethal in character.
SEC. M. N1'CLE4R NOA-PROUFERA790N CO.SDI-
T10.N'S ON ASSISTANCE FOR PAKISTAN.
Section 620E of the Foreign Assistance Act
of 1961 is amended by adding at the end
thereof the following new subsection.'
"(e) No assistance shall be furnished to
Pakistan and no military equipment or
technology shall be sold or transferred to
Pakistan, pursuant to the authorities con-
tained in this Act or any other Act, unless
the President shall have certified in writing
to the Speaker of the House of Representa-
tives and the chairman of the Committee on
Foreign Relations of the Senate, during the
fiscal year in which assistance is to be fur-
nished or military equipment or technology
is to be sold or transferred that Pakistan
does not possess a nuclear explosive device
and that the proposed United States assist-
ance program will reduce significantly the
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risk that Pakistan will possess a nuclear ex-
plosive device. ".
SEC Mt DISADtANTACED CHILDRES IA ASIA.
tel AV7RORl 477oN OF ADDITIONAL ASRrsT-
AHCt.-Section 241(b) of the Foreign Assist-
ance Act of 1961 is amended by striking cut
'$2,000.000" and inserting in lieu thereof
"$3.000.000".
(b) ADDITIONAL STEPS To HELP AMERASIAN
C1IItIJR?N'.-The -Congress finds that Amera-
Sian children are currently the-object ofdis-
erimination in the countries in Asia where
they now reside. Therefore. the President
shall report to the Congress on the quality of
life of these children and on what additional
steps, such as facilitating adoptions. the
United States could take to -enhance the
lives of these children.
SEC. Mi.ASSLSTAVCE FOR AFGRA.IISTAN.
(a) ALTHOFJZATICLN.-The President may
make available funds authorized to be ap-
propriated to carry out chapter 4 of part 11
of the Foreign Assistance Act of 1961 (relat-
ing to the economic support fund/ for the
provision of food medicine, or other hu-
manitarian assistance to the Afghan people
notwithstanding any other provision of law.
(b/ EARMARKING or Fs.+DS.-Each fiscal
year, not b'.s than $15,000.000 of the aggre-
gate amour.( of funds available to carry out
chapter 4 of pan 11 of the Foreign AssisLa nee
Act of 1961 shall be available only for hu-
manitarian assistance to the Afghan people
pursuant to subsection (al of this section.
(co EFFECTIVE DArns.-This section shall
tale effect on the date of enactment of this
Act except that subsection (b) shall not
apply to fiscal year 1985.
5F.( MS. A S.S/STA.%CE FOR THE CAMBOD/As.' PEOPLE.
The President may snake available to the
noncommunist resistance formes in Cambo-
dia up to $5.000.000/or fiscal year 1986. and
up to $5.000,000 for fiscal year 1987. of the
funds authorized to be appropriated to carry
out chapter 2 (relating to grant military as-
sistance) or chapter 4 (relating to the eco-
nomic support fund) of part 11 of the For-
eign Assistance Act of 1961, notwithstanding
any other provision of law.
SEC Sat PRONIBITIOS OV CERT416 ASSISTA c('E Ti)
1TIE KHMER ROt'CE
to) PRommmoN.-Noticithstanding -any
other provision of law, none of the funds au-
thorized to be appropriated by this Act or
any other Act may be obligated or expended
for the purpose or with the effect of promot-
ing. sustaining, or augmenting. directly or
indirectly, the capacity of the Khmer Rouge
or any of its members to conduct military or
paramilitary operations in Cambodia or
elsewhere in Indochina.
(b) DEOBLIGA77oN oP CERTAIN Fuwos.-All
funds appropriated before the date of enact-
ment of this section which were obligated
but not expended for activities having the
purpose or effect described in subsection fah
shall be deobligated and shall be deposited
in the Treasury of the United States as mis-
cellaneous receipts.
Ict ?xczp sow POs HL'MANirARtAN Assrsr-
ANCt.-77sis section shall not be construed as
limiting the provision of food, medicine, or
other humanitarian assistance to the Cam-
bodian people,
SEC 5t. POLITICAL SCTTLE.NEST IN SRI ,LA %'EA.
Is.) FINDINGS.-Thu Congress finds that-
11) the Government and People of Sri
Lanka and the .Government and People of
the United Statesshare At common devotion
so independence, democracy. and .human
rights;
12) the United States is concerned over the
armed clashes between the security forces of
the Government of Sri Lanka and some Sri
Lenkans who seek through violent means,
including terrorist attacks, to divide that
nation'
i31 there have been acts of terrorism com-
mitted against members of the Sri Lankan
security forces, as well as against civilians,
and Merehave been human 'rights abuses by
members of the security forces against civil-
ians, particularly Tamils, despite the efforts
of the Government. which the Congress be-
Items must be intensified to put an end to
those abuses:
it) the differences and grievances in Sri
Lanka cannot be resolved through the use of
fore. and
(5/ the United States is a proud partici-
pant through its economic assistance pro-
prams in Sri Lanka's highly regarded devel-
opment .efforts and looks forward to en-
hanced cooperation and assistance in the
context of a political settlement Sn Sri
Lanka leading to the kind of peaceful cli-
mate in which additional aid could be effec-
tively utilized
Ibi POLITICAL SETTLEMENT-It is, therefor,
the sense of the Congress that-
(1) all parties in Sri Lanka, from all com-
munities in and out of government, should
renew theirmefarts to achieve a Joint politi-
cal settlement which meets the legitimate
concerns of all the people of Sri Lanka,
while preserving the territorial integrity of
Sri Lanka,- and
(2) all parties outside Sri Lanka should do
nothing which would impede progress
toward such a settlement
SEC. Mt L'A7TED STATES POLICY TORARD THE RE-
P(DLIC OF ItOREA.
(a) FINDmNos.-The Congress finds that-
11) the Government of the Republic of
Korea has taken several significant and en-
couraging steps in liberalizing the po;it!cal
system in that country;
(2) among the steps which have facilitated
a more democratic environment are the re-
lease of hundreds of student demonstrators,
the lifting of a political ban on more than
$00 opposition leaders, and the holding ofa
vigorously contested election for the Nation-
al Assembly in which the opposition made
substantial gains;
(31 despite these steps, .the people of the Re-
public of Korea, who have become increas-
ingly better educated and prosperous as a
result of Korea's extraordinarily rapid eco-
nomic-development, have the desire and the
capability to participate more fully and ef-
firetively in the government of their own
country; and
(4) while internationally -recognized
human rights are clearly respected much
more in the Republic of Korea than in the
Democratic People's Republic ofl'orea, con-
tinued progress toward democratization in
the south is In the interests of both the Re-
public of Korea and the United States, inas-
much as Long-term political stability cannot
be assured in the absence of further progress
towards democratic government.
fbi UNITED STArES POLICY.-It is the policy
of the United States to provide assistance to
the Republic of Korea in order to help that
country defend itself against external ag-
gression. 11 is the hope of the United States
that the continuing close relations between
our two countries, including such assist-
ance, will encourage the establishment of a
genuinely democratic system in the Repub-
tic of Korea, in which internationally recog-
nized -human rights, including freedom of
the press, freedom of association, and free-
dom of assembly are observed.
TITLE Z-F OD AND AGRICULTUIL41,
ASSISTANCE
SEC. 151. L'7ER1'A TTON'AL FLA1D FOR AGRICULTt'R-
AL DE VELOPMEN'L
Section 103(g) of the Foreign Assistance
Act of 1961 is amended to read as follows:
"(g)(1) In order to carry out the purposes
of this section, the President may continue
United Stater participation in and may
make contributions to the International
Fund for Agricultural Development
"(2) Of the aggregate amount authorized
to be appropriated to carry out part I of this
Act, up to $50.000.000 for fiscal year 1986
and up to $50,000,000 for fiscal year 1987
may be made available, by appropriation or
by transfer, for United States contributions
to the second replenishment of the Interac.
tional Fund for Agricultural Development'.
SEC. IML PUBLIC LAW es5 TITLE II MIAIMLMS
Paragraph (3) of section 201(b) of the Agri-
cultural Trade Development and Assistance
Act of 1954 is amended by inserting immedi-
ately before the semicolon the foliowing-
except Mal for focal year 1986 the mini-
mum quantity distributed shall be 1.800,000
metric tons. of which not Lessdhan 1,300.000
metric tons for nonemergency programs
shall be distributed through nonprofit vol
untary agencies and the World food Pro-
prom, and for fiscal year 1967 the minimum
quantity distributed shall be 1,900,000
metric tons, of which not less than 1.425,000
metric tons for nonemergeney programs
shall be distributed through nonprofit vol-
untary agencies and the World Food Pro-
SEC'. 1051. EXPRESS ACTHORRI FOR TITLE 1I
DIPJ'CT DFSTRIBLTIO.c, SALE, AVb
/TARTER
Section 202(al of the Agricultural Trade
Development and Assistance Act of 1954 is
amended by inserting after the first sentence
the following new sentence: "Such commod-
ities may be furnished for direct distribu.
tion, sale, barter, or other appropriate dispo-
sition in carrying out the purposes set forth
in section 2P1.".
SEC 151. ROLE OF PPP ATE VOL(TT4RY ORGA.%IZ.4
rw.SS AND COOPERA 771 ES
(a) NUTRITIONAL AND DEtTzopMEM OBJEc-
Trvas. Section 202(b) of the Agricultural
Trade Development and Assistance Act of
1954 is amended by adding at the end there-
of the following new paragraph'
"(4) In the case of commodities distributed
under this title by nonprofit voluntary agen-
cies, consideration shall be given to nutri-
tional and development objectives as estab-
lished by those agencies in light of their as-
sessment of the needs of the people assist-
ed".
Ibh FooD roe DzvnaopAwNT PROGRAMS.-
Section 302(c)(4) of such Act is amended by
inserting 'and of Lasted States nonprofit
voluntary agencies and cooperatives "imme-
diately after 'agriculture ':
SEC. 1554 M11T7YEAR AGREEMENTS SITE PYOS AND
,COOPERATIVES
Section 202 of the Agricultural Trade De-
velopment and Assistance Act of 1954 is
amended by adding at the end thereof the
following:
(c)(1) In agreements with nonprofit vol-
untary agencies and cooperatives for non-
emergency assistance under this title, the
President is encouraged tf requested by the
nonprofit voluntary agency or cooperative,
to approve multiyear agreements to make
agricultural commodities available for dis-
tribution by that agency or vooperative.
Such agreement shall be subject to the avail-
ability each fiscal year of the necessary ap-
propriations and agricultural commodities.
I2/ Paragraph (1) does not apply to an
agreement which the President determines
should be limited to a single year because of
the past performance of the nonprofit volun.
tary agency or cooperative or because the
agreement involves a new program of assist-
ance.
"(3h In carrying out a multiyear agree-
ment pursuant to this subsection, a nonprof-
it voluntary agency or cooperative shall not
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Aa?rred to obtain annual approval from
t,.,Ied States Government in order to
rslaae its assistance program pursuant to
menL unless exceptional and un-
ag ~rsaiy ereumstances have occurred which
r prrrrdenl determines require such up
00961.
Til 'S /I PRO(RA.MM! VG REPORTS
yrhom 408vb/ of the Agricultural Trade
a oprnrnt and Assistance Act of 1954 is
evie.ded by striking out "title I" both places
r appears and inserting in lieu thereof
.!guns I and IV f~ Mr; EIJC,(RLF COMMOD!T!E.' Ct"DER St,'CT/O ~'
usu.
yrfron 416(b) of the Agricultural Act of
INS (7 U.S.C. 1431(b)) is amended by insert-
for rice." after "Dairy ptoduets" in the
fsnt sentence and,, by inserting ", rice." after
fry products in the third and eighth
aealeaces"
!K //K LONG-TERM AGRICI LIIRAL COMMODm'
AGREE.MEATS M'?H FOOD DEFICIT
Cot'.+TR/ES
As part of the United States foreign assist-
as" program, the President should explore
me possibility of concluding long-term agri-
ealtural commodity agreements to help sta-
borze and increase the flow of concessional
sad commercial food stuffs with food deficit
countries. The President shall prepare and
transmit to the Congress a report on his ef-
loru to achieve such long-term agreements
by June 1, 1986.
TITLE XI-PEACE CORPS
SEC, lift ALTHORIZATI0-VS OF APPROPR!A TiOA:t
Section 3/b/ of the Peace Corps Act is
amended by amending the first sentence to
read as follows: "There are authorized to be
appropriated to carry out the purposes of
this Act $130,000,000 for each of the fiscal
years 1986 and 1987." SEC 1101 NJ MBER OF PEACE CORPS 1'OLGNTEERS
(a/ STA7IMENT or Policy.-Section 2 of the
peace Corps Act (22 U.S.C. 2501) is amend-
ad-
(1/ by inserting "(a)" immediately after
"Svc. 2. ';' and
(2/ by adding at the end thereof the follow-
ing new subsection.'
^(b) The Congress declares that it is the
policy of the United States and a purpose of
the Peace Corps to maintain, to the maxi-
mum extent appropriate and consistent
with programmatic and fiscal consider-
ations, a volunteer corps of at least 10,000
individuals. ".
(b) ANNUAL REPoRr.-Section 11 of the
Peace Corps Act (22 U.S.C. 2510) is amended
by adding at the end thereof the following
new sentence.'
"The President shall also include in the
report a description of any plans to carry
out the policy set forth in section 2(b/ of this
Act ".
SEC. 1103. LI.MITA TION ON LENCTN OF PEA CE CORPS
ENPLO YNE.AT.
(a) AUTHORITY TO MARE APPOINTMENTS OF
MORE THAN Five YEARs.-Section 7(a) of the
Peace Corps Act (22 U.S.C. 2506(a)) is
amended-
(1) in paragraph (2)-
(A) in subparagraph (A
1i) by striking out 'Jive" and inserting in
lieu thereof "seven and one-half; and
(ii) by striking out "unless" and all that
follows through "basis" and inserting in lieu
thereof subject to paragraph (5) and
except as provided in paragraph (6)"; and
(B) in the third sentence, by inserting
"/other than the provisions of section 309)"
after "1980" : and
(2) by adding at the end thereof the follow-
ing new paragraphs:
"(5) Except as provided in paragraph (64
the Director of the Peace Corps may make
appointments or assignments of United
States citizens under paragraph (2) for peri-
ods of more than five years only in the case
of individuals whose performance as em-
ployees of the Peace Corps has been excep-
tional and only in order to achieve one or
more of the following purposes:
"(Al To permit individuals who have
served at least two and one-half years of
such an appointment or assignment abroad
to serve in the United States thereafter.
"(B) To permit individuals who have
served at least two and one-half years of
such an appointment or assignment in the
United States to serve abroad thereafter.
'(C) To permit individuals who have
served at least two and one-half years of
such an appointment or assignment in a re-
cruitment, selection, or training activity to
be reassigned to an activity other than the
one in which they have most recently so
served.
"(D) To promote the continuity of func-
tions in administering the Peace Corps.
At no time may the number of appointments
or assignments of United States citizens in
effect under paragraph (2) for periods in
excess of five years exceed fifteen percent of
the total of all appointments and assign-
ments of United States citizens then in
effect under paragraph (2).
"(6) Notwithstanding the limitation set
forth in paragraph (2)(A) on the length of an
appointment or assignment under para-
graph (2) and notwithstanding the limita-
tions set forth in paragraph (5) on the cir-
cumstances under which such an appoint-
ment or assignment may exceed five years,
the Director of the Peace Corps, under spe-
cial circumstances, may personally approve
an extension of an appointment or assign-
ment under paragraph (2) for not more than
one year on an individual basis. ".
(b) REPoR7s To CONGRESS.-The Director of
the Peace Corps shall, not later than Janu-
ary 1, 1986, submit to the Committee on For-
eign ;/elation of the Senate and the Com-
mittee on Foreign Affairs of the House of
Representatives a report describing the cri-
teria to be applied by the Director in exercis-
ing the authority provided by the amend-
ments made by subsection (a) to make ap-
pointments or assignments of individuals
for periods of more than five years. Not later
than each January 1 thereafter, the Director
shall submit to the Committees referred to in
the preceding sentence a report on-
(1) the exercise of such authority during
the preceding fiscal year for each of the pur-
poses specified in paragraph (5) of section
7(a) of the Peace Corps Act, as added by sub-
section (a) of this section; and
(2) the exercise during that fiscal year of
the authority under paragraph (6) of such
section 7(a), as added by subsection (a) of
this section.
SEC. 1114. PEACE CORPS NATIONAL ADVISOR)' COCN-
CIL
(a) ESTABLISHMENT or COUNCIL.-The Peace
Corps Act (22 U.S.C. 2501 and following) is
amended by inserting after section 11 the
following new section:
"PEACE CORPS NATIONAL ADVISORY COUNCIL
'Sic. 12. (a) EsrABUSNMEAT.-A Peace
Corps National Advisory Council (herein-
after in this section referred to as the 'Coun-
cil') shall be established in accordance with
the provisions of this section.
"(b) FUNC77oHS.-(1) The Council shall
advise and consult with the President and
the Director of the Peace Corps with regard
to policies and programs designed to further
the purposes of this Act and shall, as the
Council considers appropriate, periodically
report to the Congress with regard to the
Peace Corps.
"(2l Members of the Council shall (subject
to subsection (d)(1)l conduct on-site inspec-
tions, and make examinations, of the actirr-
ties of the Peace Corps in the United States
and in other countries in order to-
"(A/ evaluate the accomplishments of the
Peace Corps:
"(B) assess the potential capabilities and
the future role of the Peace Corps:
"(C) mcke recommendations to the Presi-
dent, the Director of the Peace Corps, and.
as the Council considers appropriate, the
Congress, for the purpose of guiding the
future direction of the Peace Corps and of
helping to ensure that the purposes and pro-
grams of the Peace Corps are carried out in
ways that are economical, efficient, respon-
sive to changing needs in developing coun-
tries and to changing relationships among
people, and in accordance with taw: and
"(D) make such other evaluations. assess-
ments, and recommendations as the Council
considers appropriate.
"(3) The Council-may provide for public
participation in its activities.
"(c) MEMBERSHIP.-(1) Persons appointed
as members of the Council shall be broadly
representative of the general public, includ-
ing educational institutions. private volun-
teer agencies, private industry, farm organi-
zations, labor unions, different regions of
the United States, different educations" eco-
nomic, racial, and national backgrounds
and age groupings, and both sexes.
"(2/(A) The Council shall consist of fifteen
voting members who shall be appointed by
the President, by and with the advice and
consent of the Senate. At least seven of such
members shall be former Peace Corps volun-
teers, and not more than eight of such mem-
bers shall be members of the same political
party.
"(B) The first appointments of members of
the Council under this paragraph shall be
made not more than sixty days after the
date of the enactment of this section and
solely for purposes of determining the expi-
ration of their terms, shall be deemed to take
effect on the sixtieth day after such date of
enactment
"(C) No member appointed under this
paragraph may be an officer or employee of
the United States Government
"ID/ Of the members initially appointed
under this paragraph, eight shall be ap-
pointed to 1-year terms and seven shall be
appointed to 2-year terms. Thereafter, all ap-
pointed members shall be appointed to 2-
year terms.
"(E/ A member of the Council appointed to
fill a vacancy occurring before the expira-
tion of the term for which the member's
predecessor was appointed shall be appoint-
ed only for the remainder of that term
"(F) No member of the Council may serve
for more than two consecutive 2-year terns.
"(G) Members of the Council shall serve at
the pleasure of the President
"(H) An appointed member of the Council
may be removed by a vote of nine members
for malfeasance in office, for persistent ne-
glect of or inability to discharge duties, or
for offenses involving moral turpitude, and
for no other cause.
"(1) Within thirty days after any vacancy
occurs in the office of an appointed member
of the Council, the President shall nominate
an individual to fill the vacancy.
"(3) In addition to the voting members of
the Council, the Secretary of State and the
Administrator of the Agency for Interna-
tional Development, or their designees, and
the Director and Deputy Director of the
Peace Corps, shall be non-voting members,
ex officio of the Council.
"(d) COMPENSA7I0N.-(1/ Except as provid-
ed in paragraph (2), a member of the Coun.
cil who is not an officer or employee of the
United States Government-
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116728 CONGRESSIONAL RECORD - HOUSE July 29, 1985
-(Al shall be paid compensation out of SEC. 1105. NOAPARTISANAPPVI\TMEA'T SEC. I2N. jilSJ'E+:SIOC OF ASSISTANCE TO CD( s.
funds made available for the purposes of (a) PouncAL TESTS.-The Peace Corps Act TRIES Ifi) N6' AiCltkE A lEI Al S
this Act at the daily equivalent of the high- (22 U.S.C. 2501 and following) is amended- ORDER 7YlRAMA.N CFA C LEAR
at rate payable under section 5332 of title 5, 11 i by redeaignating sections 25, 26, and 27 EAPO op NSIt IT DEUCE ASSISTANCE BECAUSE of
United States Code, for each day (including as sections 26, 27, and 28, respectively: and n(a)cAt EoPSUSPLNoR nc )(D of seo-
travel time) during which the member is en- (2) by inserting after section 24 the follow- tion tio6 the Foreign Assistance A dc) tas c[ of
gaged in the actual performance of duties as ing new section:
a Council member, and "NONPARTISAN APPOINTMENTS 1961 is d a ametee Foended-
after "country
while away from his or her home or 'SEC. 25. In carrying out this Act, no polio III by inserting "(A)" ry
regular of business on necessary which';
place teal test or political qualification may be Ill by inserting immediately before the
travel, a4 determined by the Director of the used in-
the end thereof or (B) is a non-
Peace
Peace Corps, in the actual performance of "(1) selecting any person for enrollment as nuclear-weapon n
duties as a Council member, shall be paid a volunteer or for appointment to a position state the which, on or al
date e of oJenact enactment of the International Seru-
per diem, travel and transportation ex- at, or for assignment to (or for employment rity and Development Cooperation Act of
penes in the same manner as is provided for assignment to), a duty station located 1985. exports illegally (or attempts to export
under subchapter I of chapter 57 of title S. abroad, or illegally) from the United States any materi-
United States Code. "(2) promoting or taking any other action
would
co equipment technology
"(2) A member of the Council may not be with respect to any volunteer or any person contribute significantly to the e ability ty of
paid compensation under paragraph (1)(A) assigned to such a duty station". such cto manufacture a ste -
device, if the President he Ptermincs
for more than twenty days in any calendar lb) DisCPJMnwTfON.-Section 5(a) of the plosive country
chnochnog
logy
year. Peace Corps Act (22 U.S.C. 2504(a)) is that hat
"le) QUORUM,-A majority of the voting amended by amending the last sentence to was to the be used material, such uex equipment. cexplosive derice", and
members of the Council shall constitute a read as follows: In carrying out this subsec- facture a country the manu-
quorum for the Purposes of transacting any tion, there shall be no discrimination (3) by adding at the e end thereof nuclear end ttan o
business.
against any person on account of race, sex, eng: v' "For r pup purpos ses of clause 1051, an export
rt
"(f) FINANCIAL INTERESTS OF MEMBERS.-A creed, or color.". (or attempted export) by a person who is an
member of the Council shall disclose to the TITI,i xII-MISCELLANEOUS PROVISION'S agent of. or is otherwise acting on behalf of
Council the existence of any direct or indi- RELATING Ti) FOREIGN ASSISTANCE or in the interests of, a country shall be con-
rect financial interest of that member in sidered to be an export (or attempted export)
any particular matter before the Council SEC. 1257. NOTICE TO CONGRESS OF ISE OF CERT4IN
and mall ay not vote or otherwise participate AITBORI77ES RELATLYG ro MCN.4N by that country. ".
RIGHTS CONDITIONS (b) CONFORMING AMENDMENTS.-Such sec-
a3 a Council v ar matter. with respect to that or Section 502B of the Foreign Assistance Act tion 670 is amended-
particular lar m twR.At its first of 1961 is amended by adding at the end (1) in the section caption by inserting "IL,-
'79) CRAand at M AND its first Vrct Cregular meeting first thereof the following new subsection: LEGAL ExPORTS FOR NucLEAR EXPLOSIVE Df-
meeting
calendar year thereafter, the Council "(g) Whenever the provisions of subsection VICES, "after "TRANSFERS,"; and
elect a Chair and Vice Chair from (e) or (f) of this section are applied, the (2) by striking out "(5) As used in this sub-
each!
shall its a pChair members who it eitt- President shall report to the Congress before section' and inserting in lieu thereof "Ic) As
among air
lens of the United States. The Chair and making any funds available pursuant to used in this section".
Vice Chair may not both be members of the those subsections. The report shall specify (c) EFFECTIVE DATE.-The amendments
sane political cal party. the country involved, the amount and kinds made by this section shall take effect on the
"(h) ME pa, BiiA:VS, AND REGULA- of assistance to be provided, and the justifi- date of enactment of this Act
77ONS.-Ill The Council shall hold a regular cation for providing the assistance, includ- SEC. 1205. REPORTS ON ECONOMIC CO.tiDITW.\'S IN
meeting during each calendar quarter and ing a description of the significant improve- CERTAIA COUNTRIES
shall meet at the call of the President, the ments which have occurred in the country's (al EXTERNAL DEBT BURDEN of CERTAIN
Director of the Peace Corps, the Council's human rights record': CouNTSVES RECE7vINa UNITED STATES ASSIST-
Chair, or one-fourth of its members. SEC J281 PROBIBITIOVS AGAl.1ST ASSISTANCE ANCE.-The Congress finds that the Govern-
"(2) The Council shall prescribe such Section 620(f) of the Foreign Assistance ments of Egypt. Israel, Turkey, and Portugal
bylaws and reputations as it considers nec- Act of 1961 is amended- each have an enormous external debt burden
essary to carry out its functions Such (1) by inserting "(1)" immediately after which may be made more difficult by virtue
1 1.
rovided !or those governments
fli nand'.
'
.' p
(!) : o
bylaws and regulations shall include proee-
dures for fixing the time and place of meet- (2) by redesignating clauses (1), (2), and under various United States assistance pro-
ings, giving or waiving of notice of meet- (3) as clauses (A), IB), and (C), respectively; grarns-
tngs, and keeping of minutes of meetings. and (b) ANNUAL REPORTS ON ECONOMIC CONDI-
"(ii REPoRTE m 7715 PRESIDE.%T AND Twr Di- (3) by adding at the end thereof the follow- TroNS.-In order to assist the Congress in ex-
RECroR.-Not later than January 1, 1988, ing new paragraph' amining United States assistance for these
and not later than January 1 of each second "(2) Notwithstanding the provisions of countries, the President shall report to the
year thereafter, the Council shall submit to Paragraph (1) of this subsection, the Press- Speaker of the House of Representatives and
the President and the Director of the Peace dent may remove a country, for such period to the chairman of the Committee on For-
Corps a report on its views on the programs as the President determines, from the appli- eign Relations of the Senate, not later than
and activities of the Peace Corps. Each cation of this subsection, and other provi- January 15 of each year, regarding econom.
report shall contain a summary of the sions which reference this subsection, if the is conditions prevailing in Egypt, Israel,
advice and recommendations provided by President determines and reports to the Turkey, and Portugal which may affect their
the Council to the President and the Direr- Congress that such action is important to respective ability to meet their international
tor during the period covered by the report the national interest of the United States. It debt obligations and to stabilize their eeono-
and such recommendations (including rec- is the sense of the Congress that when con- mies.
ommendations for administrative or Iegisia- sideration is given to authorizing assistance SEC. 1201. EG}7TIAN-,SRAELI RELAflO1'S
five action) as the Council considers appro- to a country removed from the application The Congress notes the recent effort of
priate to make to the Congress. Within of this subsection, one of the factors to be Egypt to more the peace process forward.
ninety days after receiving each such report, weighed, among others, is whether the coun. However, the Congress continues to be con-
the President shall submit to the Congress a try in question is giving evidence of foster- cerned about the less than normal relations
copy of the report, together with any core- ing the establishment of a genuinely demo- between Egypt and Israel It is the sense of
vents concerning the report that the Presi- arctic system, with respect for internation- the Congress that all United States foreign
dent or the Director considers appropriate. ally recognised human rights." assistance to Egypt is provided in the expec-
"(j) ADMLN:STR TrVE ASSISTANCE.-The Di- SEC. 1255 LAND REFORM PROGRAMS Cation that the Egyptian Government will
rector of the Peace Corps shall make avail- Section 620(8) of the Foreign Assistance continue in its efforts to bring peace to the
able to the Council such personnel, adminis- Act of 1961 is amended by adding at the end region and that it will continue to support
trative support services, and technical as. thereof the following sentence: "This prohi- and fulfill the provisions of the Camp David
sistance as are necessary to carry out its bition shall not apply to monetary assist- Accords and the Egyptian-Israeli Peace
functions effectively. ". ance made available for use by a govern- Treaty.
(b) TERMINATION 4x SIMILAR ADVISORY ment (or a political subdivision or agency of SEC, 1207 PROCUREMENT OP CV.YSTRI'(fO.1' AND
BoDY.-,Any advisory body carrying out a government) to compensate nationals of ENGINEERING SERIICES
functions similar to these assigned to the that country in -accordance with a land Section 604(g) of the Foreign Assistance
Peace Corps National Advisory Council pro- reform program, if the President determines Act of 1961 is amended-
vided for in subsection _(a) shall cease to that monetary assistance for such land (1) by inserting "(1)"after"(g)"; and
exist sixty days after the date of the enact- reform program will further the national in- (2) -by adding at the end thereof the follow-
Merit of this Act. terests of the United States." ing new paragraph.
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 j1ay 29, 1985
_,,, paragraph l1/ does not apply with re-
ap,.rt iD an advanced developing country
Inch-
"A , u receiving direct economic assist-
aMr under chapter 1 of part I or chapter 4
of p( If of this Act, an d
,P, if the country has its own foreign as-
sioIance programs which finance the pro-
,r.nen! o-f construction or engineering
ea permits United States firms to com-
:;Vres. ~ Mr those services. ".
or 1M` ((ILM14PTE7r4N OF PLANS A%I ((a1T ES'T1.
v.rtwn 611 of the Foreign Assistance Act
,' 1961 is amended-
it, in subsection fa) by striking out
y,00 000" and inserting in lieu thereof
000'; and
,:' in subsection /b) by striking out "the
iomeedures set forth in the Principles and
standards for Planning Water and Related
gad Resources, dated October 25, 1973.
with respect 00 such computations" and in-
in lieu thereof "the principles stand-
p/s and procednna established pursuant
or ye Water Resources Punning Act M2
supptrmen
t:.S.C 1962, el sey.l or arts amendatory or
tary Hereto'.
eto tra8 REPROGRAM.ML,Y. .NO7717(4 TI(/.CS TO (YrS-
GR1.:SS
car REPSOORAMMAT3 NO77FICATIONS.-SCC-
own 634A of the Foreign Assistance Act of
twi Lr amended-
11( by inserting "(aP immediately before
12, by inserting "Or the Arms Export Con-
tro; Act" immediately after "disaster relief
and rehabilitation)" and immediately after
-Mss Act" the second pease it appears: and
(3/ by adding at the end of the section the
yloocing new subsections:
'tb/ The notification requirement of this
.loon does not apply to the reprogram-
os9-
"(1) of funds to be used )be an cc- iritg.
laegrum. or prgject under ehapttr I of Part I
t Me amounts to be ebtraated for that activ-
iq, progiam, or project )tr that fiscal year
do not exceed by more than 10 percent the
swung justified to the Congress for that ac-
bost1L program. or project for that fiscal
war or
"1i1 of less than $25,000 to be used under
chapter 8 of part 1. or under chapter 5 of
post II. for a country for whin a program
under that chapter for that fiscal year was
notified to the Congress.
'Tel The President shalt notify the chair-
wan of the Committee an Foreign Rarations
at We Senate and the chairman of the Com-
nittee on Foreign Affairs of the House of
Aeprsentatives concerning any reprogram-
Ru g of funds in the 3nternationai Affairs
[edge! Function, the cuthorizatians of ap-
Poep^tations for which are in their ,-espec-
tux jurisdictions to the some degree and
,nth the some conditions as the President
Ratifies the Committees on AppeoWiations
The regairenents of this subsection are vn
addition to, and not in lieu of. other notfi-
cation requirements.'.
/b- ALLOCATION REpoRTS-Section 853 of
such Act is amended-
(1) by inserting in subsection (a) "or the
Arms Export Control Act" immediately after
"sections 451 or 6377';
(21 by striking out subsection (b!: and
(3) by redesignating subsection (c) as sub-
section (b).
(N QUARTERLY REPORTS.-Section 36(a) of
the Arms Export Control Act is amended-
(1) in paragraph ,'S1, by striking out
rash" and by striking out ", credits to be
extended under section 23, and guaranty
agreements to be made under section 24":
and
(2) in paragraph (61, by striking out
'cash" and by striking out "and credits ex.
pected to be extended":
.SEC. 1210 REPORT (L, UNITED ST4TJ0 ASSISTA %(a
TO COAL EXPORTING NATIOW
Not later than 30 days after the date of en-
actment of this Act. the President shall
submit to the appropriate committees of the
Congress a report describing the status and
terms of, and containing all other pertinent
information relating to, any United States
Government assistance which is provided to
foreign nations that produce or export coal
for the purpose of financing or assisting in
the development of coal production trans-
portation, export, or other coat-related ac-
tivities or operations
SEL IL1. RLPL I L OF OBS(,LEIE PRO $ IMO 1:5 Ash
CORRE('TIO:S OF TE(JI]7C'.4L RL'I'ER.
EVCES
(a) RrpEALs.-The Foreign Assistance Act
of 1961 is amended as follows:
(11 The third sentence of section 1115(a) is
repealed
t2) Section 106(b)(IJ is amended by strik-
ing out "(Al" and by striking out subpara-
graph (BI.
(3) Section 110 is amended by striking out
"(a)" and by striking out subsection (b)
.
(4) Chapter 10 of part I is repealed.
(bi CORREC77ON OF CROSS-REFERENCES.-
(11 FOREIGN seR 17CE ATT.-Section
636(a)(14/ of such Act is amended by strik-
ing out "the Foreign Service Act of 1.946, as
amended (22 U.S.C. 801 et seq.)" and insert-
ing in lieu thereof "the Foreign Service Act
of 1980 (22 U.S.C. 3901 et seq.)".
(2) Time JI of THE u.s. CODE.-Section
611(a) of such Act is amended by striking
out "section 1371 of the Supplemental Ap-
propriation Act, 1955 as amended (31 U.S.C.
2001" and inserting in lieu thereof "section
1501 of title 31, United States Code"
13) ITAR RECCasnoNS.-Section 47(61 of
the Arms Export Control Act is amended by
striking out "combat" and inserting in Lieu
thereof "military':
TITLE XHl-MISCELl.A.rEbr9 PROI'ISIO.N'
SEC IJtt. LFFE(TITE DATE
Except as otherwise provided in this Act.
this Act shall take effect an October 1, 1985.
SEI. 1381 CODIFI(ATIO,1 OF NILICY PROBQ/ITIN'G
NEGOTL4Y7O.S8 WITH THE PALESTINE
LIRER47105 ORGANIZ TIO,.
la) UNITED STA7as Poucs.-The United
States in 1975 declared in a memorandum of
agreement- with Israel, and has reaffirmed
since, that "Thhe United States will continue
to adhere to its present policy with respect
to the Palestine Liberation organization,
whereby it will not recognize or negotiate
with the Palestine Liberation Organization
so long as she Palestine Liberation Organi-
zation does not recognize Israel's right to
exist and does not accept Security Council
Resolutions 242 and 338."
(b) RE4F77RArA77ON AND CODIFICATION OF
PolrcY.-The United States hereby reaffirms
that policy. In accordance with that policy,
no officer or employee of the United States
Government and no agent or other individ-
ual acting on behalf of the United States
Government shall negotiate with the Pales-
tine Liberation Organization or any repre-
sentatives thereof (except in emergency or
humanitarian situations) unless and until
the Palestine Liberation Organization rec-
ognizes Israel's right to exist. accepts United
Nations Security Council Resolutions 242
and 338, and renounces the use of terrorism.
SEC. IJOJ. COMMISSION FOR THE PRESERi'A710.5 OF
AMERICAS HERITAGE ABROAD.
(a) PuRpost.-Because the fabric of a soci-
ety is strengthened by visible reminders of
the historical roots of the society, it is in the
national interest of the United States to en-
courage the preservation and protection of
the cemeteries. nwnu nsnts. and histeru
buildings associated with the foreign beril-
age of United States citizens.
(b) EsTABLJSHMENZ-There is established a
commission to be known as the Commission
for the Preservation of America's kienitage
Abroad (hereafter in this section referred to
as the "Commission').
(e) BLrr,Es.-The Commission shall-
(1) identify and publish a list of these
cemeteries, monuments, and historic build-
ings located abroad which are associated
with the foreign heritage of United States
citizens from eastern and central Europe.
particularly those cemeteries, monuments.
and buildings which are in danger' of dete-
rioration or destruction,'
(27 encourage the preservation and protec-
tion of such cemeteries, monumen,g, and
historic buildings by obtaining, in coopera-
tion with the Department of State, assur-
ances from foreign governments that the
cemeteries, monuments, and buildings will
be preserved and protected: and
(3) Prepare and disseminate reports on the
condition of and the progress toward pre-
serving and protecting such ermeterirs.
monuments. and historic buildings.
(i( MEMBER.SHIP.-R/ The Commission
shall consist of 21 members appointed by the
President, 7 of whom shall be appointed
otter consultation with the Speaker of the
House of Representatives and 7 of whom
shall be appointed after consultation with
the President pro tern pore of the Senate.
IZ/fAt Except as provided in subpara:
graphs (B/ and (C), members of the Commis
sion shall be appointed for terms of 3 years.
(B/ Of the members first appointed after
consultation with the Speaker of the Howe
of Representatives, 5 shall be appointed for
a term of 2 yearn. Of the members first ap-
pointed after consultation with the Presi-
dent pro tempore of the Senate. S shall be
appointed for 2 years
(C) A member appointed to fill a vacancy
on the Commission shall serve for the re-
mainder of the term for which the member's
predecessor was appointed
(D) A member may retain membership on
the Commission until the member's succes-
sor has been appointed
(3) The President shall designate the
Chairman of the Commission from among
its members.
(e/ MEETINGS.-The Commission shall meet
at least once every three months
(P CoirpewsAnoN AND PER DIEM.-(1) Mem-
bers of the Commission shall receive no pay
on account of their service an the Commis-
Sion.
(2l While away from their homes or regu-
lar places of business in the performance of
services for the Commission, members- of the
Commission shall be allowed travel ex-
penses, including per diem in lieu of subsist-
ence, in the some manner as persons em-
played intermittently in the Government
service are allowed expenses under section
5703 of title 5 of the United States Code.
(g) AUrHOR177ES.=(1) The Commission or
any member it authorizes may, for the pur-
poses of carrying out this section, hold such
hearings, sit and act at such times and
places request such attendance, take such
testimony, and receive such evidence, as the
Commission considers appropriate
(2) The Commission may appoint such
personnel (subject to the provisions of title 5
of the United Staies Code which govern ap-
pointments in the competitive service) and
may fix the pay of such personnel (subject to
the provisions of chapter 51 and subchapter
III of chapter 53 of such title, relating to
classification and General Schedule pay
rates) as the Commission deems desirable.
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COmPOJea vi """y nacmvc,C uvvva,...... ..r o.......... ?.. _.-_, - _-- _ - - - ---
the Secretary of Commerce, as follows: makes recommendations which would lead explanation of the effect of the action
(1) FEDERAL GOVERNMENT REPRESENTA? to the expansion of the United States share agreed upon by the managers and recom-
nvgs.-Ten members shall be representatives of the international metallurgical and mended in the accompanying conference
of the International Trade Administration, steam coal market. report:
the Department of Energy, the Department (g) TERMINATION.-The Commission shall The House amendment to the text of the
of State, the Department of Transportation, cease to exist upon submission of its report bill struck out all of the Senate bill after
the Office of the United States Trade Repre- pursuant to subsection (f). the enacting clause and inserted a substi-
sentatve, and a Federal institution involved And the House agree to the same. tute text.
in export financing. That the Senate recede from its disagree- The Senate recedes from its disagreement
(2) PRIVATE SECTOR REPRESENTATIVES.- ment to the amendment of the House to the to the amendment of the House with an
(A) Five members shall be representatives title of the bill and agree to the same. amendment which is a substitute for the
of export coal producers, Including traders DANTE B. FASCELL. Senate bill and the House amendment. The
the
bill
t
practicable after the end of each fiscal year.
Each report shall include a detailed state-
ment of the activities and accomplishments
of the Commission during the preceding
fiscal year and any recommendations by the
Commission for legislation and administra-
tive actions.
SEC 1304. FEDERAL COAL EXPORT COMMISSION.
(a) ESTABLISHMENT.-The Secretary of Com-
merce shall establish, within ninety days
after the date of enactment of this Act, a
Federal Coal Export Commission (hereafter
in this section referred to as the "Commis-
sion ").
.x, v.....,..e ~...e-TAP llnmrniecinn ehnll be
(5) methods to promote, market, and co-
ordinate United States coal on the interna- JOINT EXPLANATORY STATEMENT OF
tional market. THE COMMITTEE OF CONFERENCE
The Commission shall also examine the po- The managers on the part of the House
tential for small- and medium-sized coal and the Senate at the conference on the dis-
companies to enter the export coal trade agreeing votes of the two Houses on the
through export trading companies with re- amendments of the House to the bill (S.
spect to the marketing, transportation, and 960) to amend the Foreign Assistance Act of
financial services which such trading com- 1961, the Arms Export Control Act, and
panies may provide pursuant to the Export other acts to authorize appropriations for
Trading Company Act of 1982. the fiscal year 1986 for international securl-
(f) REPORT.-The Commission shall submit ty and development assistance, the Peace
to the President and the Congress, within Corps, the Inter-American Foundation, the
head of such department or agency shall fur- (1) diplomatic channels to facilitate the ALAN CRANSTON,
nish such information to the Commission. exportation of United States coal and meth- Solely for consideration of subtitle 2 of
16) The Commission may accept, use, and ods to increase the coordination of diplo- Title IV of the House amendments dealing
dispose of gifts or donations of money or matic efforts relating to such exports: With airport safety:
property. (2) domestic and international impedi- JOHN C. DANFORTH.
(7) The Commission may use the United ments to coal exports; NANCY DANF[
States mails in the same manner and upon (3) foreign markets for United States KASSEBAUM,
the same conditions as other departments export coal, with emphasis on increasing BARRY Gand agencies of the United States. United States coal sales to developing na- ER RRYT F. GOLDWATER.
WATE
(8) The Administrator of General Services lions and expanding the participation of Jays HOLLINGS,
shall provide to the Commission on a reim- the United States International Develop- Solely for consJ. ExoN.
ideration of Title IR, deat
bursable. basis such administrative support ment Cooperation Agency in such an effort; food and agricultural issues:
services as the Commission may request. (4) availability of, and methods of, financ- ing with y JESSE r
(h) REPoRrs.-The Commission shall ing United States coal exports, including the D HELMS. LIIGAA.
transmit an annual report to the President feasibility of increasing Federal export fi- RICHARD Z G. LUGAR.
and to each House of Congress as soon as nancial and economic assistance; and Managers on the Part of the Senate.
t
including the Secretary of State, may detail, mission and the Federal depar men or
on a reimbursable basis, any of the person- agency involved.
nel of such department or agency to the tel Ac-The Commission shall con-
Commission to assist it in carrying out its vene not less than four times a year for con-
duties under this section. sultation on activities leading to increased
(5) The Commission may secure directly cooperation among entities involved in
from any department or agency of the United States coal exports, with the goal of
United States, including the Department of expanding the United States share of the
State, any information necessary to enable international coal market Activities of the
it tocary out this section. Upon the request Commission shall include, but are not limit-
of the Chairman of the Commission, the ed to, the identification of-
H 6730 CONGRESSIONAL RECORD - HOUSE July 29, 1985
(3) The Commission mcy procure tempo- per diem in lieu of subsistence, in the some NORMAN Y. MINETA.
rary and intermittent services to the some manner as persons employed Intermittently GENE SNYDER,
extent as is authorized by section 3109(b) of in Government service are allowed expenses JOHN PAUL
title 5 of the United States Code, but at rates under section 5703 of title 5 of the United HAMMERSCHMIDT,
for individuals not to exceed the daily States Code. Soley for Secs. 908 and 911 of the House
equivalent of the maximum annual rate of (d) CoopERATioN.-All Federal departments amendments and Sec. 913 of the Senate bill
basic pay then in effect for grade GS-18 of and agencies are authorized to cooperate - E DE LA GARZA,
the General Schedule (5 U.S.C. 5332(a)). with the Commission and to furnish Infor- BERKLEY BEDELL,
M) Upon request of the Commission, the mation, appropriate personnel, and such as- PAT ROBERTS.
head of any Federal department or agency, sistance as may be agreed upon by the Com- Managers on the Part of the House.
t
and brokers.
(B) Five members shall be representatives
of coal labor.
(C) Five members shall be representatives
of transporters of export coal, including rep-
resentatives of rail and barge carriers and
port authorities.
(D) Five members shall be representatives
of institutions having a substantial interest
in United States export coal financing.
(c) ExPENSES.-Members of the Commis-
sion shall serve without pay. While away
from their homes or regular places of busi-
ness in the performance of services for the
Commission, members of the Commission
shall be allowed travel expenses, including
two years after its first meeting, a report African Development Foundation, and for
which details its findings pursuant to sub- other purposes, submit the following Joint
LEE H. HAMILTON,
GUS YATRON,
RICHARD G. LUGAR.
JESSE HELMS,
CHARLES MCC. MATHIAS.
Jr..
NANCY LAND9N
KASSEBAUM,
RUDY BOSCHWITZ,
CLAIBORNE PE1L,
JOSEPH R. BIDEN. Jr..
.PAUL S. SARBANES.
,
e
differences between the Sena
House amendment, and the substitute
agreed to in conference are noted below,
except for clerical corrections, conforming
changes made necessary by agreements
reached by the conferees, and minor draft-
ing and clarifying. changes.
AUTHORIZATION OP APPROPRIATIONS FOR
FISCAL YEARS 1986 AND 1987
STEPHEN J. SOLARZ,
DON BONKER,
DAN MICA.
MICHAEL D. BARNES.
HOWARD WOLPE,
WM. S. BROOMFIELD,
BENJAMIN A. GILMAN,
LAGOMARSIN)
ROBERT J
,
.
HENRY J. HYDE, The amounts contained in the conference
substitute compared to the amounts con-
SOLOMON
H
GERALD B
,
.
.
Solely for subtitle 2 of Title IV of the tamed in the current fiscal year 1985 appro-
House amendments and modifications in priation, requested by the executive branch
conference, International Airport Security: and recommended by the House and Senate
JAMES J. HOWARD, follow:
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X85
jiilth? A 1985
CONGRESSIONAL RECORD - HOUSE
AUTHORIZATION OF APPRO?RIATIONS FOR FISCAL YEARS 1986-87
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tanbma
Cu"em brautne franc? Co,,r Is House MW W Sena MW to
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6.281.2710 6460.2'63 6.361.821 I ?639321.0
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3,900 40.0 3.775 587.2 3.845N .4 3.8M006I
792.3520 766.9967 765.5500 , 76( C0(
321004.( 305.700 C 770.017 C 29(00.(
223.138 0. 215.997 6 180.127 0 205 004 0
50.0000 46 .40.8 25.00 .0 2500
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223.071.0 215.93-.7 20.00.C 207,00k
1.79', 391.0 1.739.8'7 4 1614,095 0 4667.90 9
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? Pw-~ 05( mCKK m Pal I ass:5:an[e IN IFAL
10 196:. antha s 311110 mta IMFOS N SL5 Glom In tsrae. 3500
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? IP_81e Iha IsSsse arose 3i 7 be Is heal 3815 n5w b Eerot FM IM VW 315 max If Qera 9 VIes for cmperaine derefi s,V Vya4 wn LLS Iaratl W F ,s4r 461 Eta No 3M ago it
- III! air! Mr i,8 Oag. 21 mum Is Pero Mama enam $30 mica o SeoTem AV. reg.M. $15 W. b A musisriai alp fa 9e pipe a AIg wuan. $110 milfu, Is OVre n 350 mew Is lied SO cedt ails
r L. mere IN NIMM tw 19 a A talc Amen and SS mum mt of ESr W MAe IN ae a the m,-Camnnnal fanhoduo menses. m
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Se sm?B em ae mao b a.mak set-Hide b (male 6ua4KSn
? r' gees
Two-YEAR At7THORIZATION
Tilt Senate bill contained authorizations
for only fiscal year 1986. while the House
amendment authorized funds for both fiscal
years 1986 and 1987. The executive branch
requested "such sums as may be necessary"
lot fiscal year 1987.
The committee of conference agreed to
extend the fiscal year 1986 authorization to
fiscal year 1987, at the same levels. The
Committees on Foreign Affairs of the House
and Foreign Relations of the Senate will
Kite full consideration to any additional rec.
ommendations by the executive branch for
fiscal year 1987.
-
TIrI.E I-MILITARY SALES AND RELATED
PROGRAMS
The authorization figures in the confer-
ence substitute are compromises between
the Senate and House figures. The Senate
bill tsecs. 101, 115, 118, and 121) authorizes,
for fiscal year 1966 $5,464,500,000 in Foreign
Milaary Sales (F'MS) financing,
$805.100,000 grant military assistance pro-
gram (MAP), $56.221,000 grant Internation.
tI military education and training (IMET),
and $37 million peacekeeping operations as-
ststanee.
The House amendment (secs. 101, 103,
104, and 105) authorizes, for each fiscal year
1$86 and 1917, $5,228.384,400 FMS financ-
ing $761.648.000 grant MAP, $54,421,900
grant IMET, and $35.816.000 peacekeeping
operations assistance.
The conference substitute sets funding
levels for fiscal years 1986 and 1987 as fol-
lows: $5,371 million FMS financing.
$805,100,000 grant MAP, $56,221,000 grant
IMET, and $37 million peacekeeping oper-
ations assistance.
CEILING ON FMS CONCESSIONAL FINANCING
The House amendment (sec. 101) sets a
$553.9 million ceiling on the aggregate
amount of FMS assistance that may be pro.
vided at concesslonal interest rates.
The Senate bill does not contain a compa-
rable provision.
The conference substitute is the same as
the House provision.
EXTENDED REPAYMENT TERMS ON FMS
FINANCING
The Senate bill (sec. 101) authorizes 30
year repayment terms for Greece, Korea,
Philippines. Portugal, Spain, Thailand. and
Turkey for any fiscal year and authorizes
such terms for guaranteed loans as well as
credits.
The House amendment (sec. 101) author-
Izes such terms fbr the same countries-
except the Philippines-for fiscal years 1986
and 1987 only and only for credits extended.
The conference substitute is the same as
the House proetsion with an amendment to
include the Philippines.
GREECE/TURKIY
The Senate bill (sec. 123) sets a $215 mil
lion ceiling an MAP assistance for Turkey.
contingent upon U.S. Government actions
respecting Cyprus, sets a $500 million FMS
ceiling for Turkey. earmarks $500 million
FMS for Greece and earmarks the same
proportion of FMS concesslonal assistance
for Greece as for Turkey.
The House amendment (secs. 101 and 108)
sets a $711.4 million ceiling on MAP and
FMS assistance for Turkey, earmarks the
same proportion of FMS concessionsl assist-
ance for Greece as for Turkey, mandates
that concessionl interest rates be compara-
ble, and exempts concessions! credits ex-
tended to Greece from the aggregate ceiling
on such credits.
The conference substitute is a.comprornise
that earmarks the same proportion of FIWS
concessionsl assistance for Greece as for
Turkey, earmarks $500 million FMS for
Greece, sets an overall $714.28 million MAP
and FMS ceiling for Turkey. including a
$215 million MAP subcei ing that also
makes this MAP assistance contingent upon
U.S. Government actions respecting Cyprus,
mandates comparable interest rates, and ex-
empts concesslonal credits for Greece from
the aggregate ceiling on such credits.
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H 6732 CONGRESSIONAL RECORD - HOUSE July 29, 1985
PROHIBITION ON PUS FOR LEBANON vessels be in accordance with chapter 6 of The conference substitute is the same as
The Senate bill (sec. 124) prohibits FMS the Arms Export Control Act or chapter 2, the House provision.
for Lebanon. of part II of the Foreign Assistance Act. SENSITIVE TECHNOLOGY
The House amendment does not contain a The House amendment does not contain a The Senate bill (sec. 128) requires the sub-
comparable provision. comparable Provision.
The conference substitute is the same as mission of a notification under section 36(b)
The conference substitute 1s the same as the Senate provision. of the Arms Export Control Act before de-
the House provision. COSTS livery of any major defense article if the
FMS CREDIT TERMS FMS AND IMET TRAINING sensitivity of technology or capability of the
The House amendment (sec. 107) requires article or service is enhanced or upgraded.
The Senate bill (sec. 106) authorizes the full coating of military training provided by The House amendment does not contain a
President to charge interest on FMS loans the United States under the Arms Export comparable provision.
at a rate based on current Treasury rates or Control Act and the Foreign Assistance Act. The conference substitute is the same as
at a lesser rate if he determines that the na- The Senate bill does not contain a compa- the Senate provision.
tional interest requires a lesser rate. rable provision.
The House amendment (sec. 102) also au- The Conference substitute is a compromise SPECIAL DEFENSE ACQUISITION FUND
thorizes the President to charge conces- which requires full costing of FMS military The Senate bill (sec. 1,73) authorizes con-
sional rates of interest but sets minimum training sales with the exception for all tinuous order from the Defense Logistics
FMS interest rates on FMS concessional fi- grant IMET recipients and reciprocal cost Agency for items anticipated to be sold to
nancing at 5 percent or 7 percent below cur- arrangements are authorized for training foreign countries from th Special Defense
rent average interest rate for U.S. Govern. programs with NATO countries, Australia, Acquisition Fund and lirbits purchases of
ment borrowing, whichever is larger. New Zealand and Japan. effective Septem- more capable equipment in certain instances
The conference substitute is the same as her 30, 1985. to replace items DOD expects to sell from
the House provision with an amendment to CASH FLOW FINANCING REPORT its stocks.
set the interest rate at not less than 5 per- The Senate bill (sec. 109) requires a report The House amendment (sec. 116) makes
cent for FMS concessions] loans. on countries approved for cash flow financ- the Special Defense Acquisition Fund a true
PEACEKEEPING OPERATIONS EMERGENCIES ing in excess of $100 million. revolving fund and limits the equity value of
The Senate bill (sec. 122) authorizes draw- The House amendment does not contain a the fund to $500 million authorizes continu-
downs of up to $25 million in any fiscal year comparable provision. ous order from the Defense Logistics
from any U.S. government agency for peace- The conference substitute is the same as Agency.
keeping emergencies, if the President deter- the Senate provision. The conference substitute is a compromise
mines that an unforeseen emergency exists REPORT ON INTERNATIONAL VOLUME OF ARMS which makes the fund a revolving fund, but
which requires Immediate assistance under TRAFFIC does not allow for replacement purchases
the peacekeeping provisions of the Foreign Senate bill (sec. 108) marrows the re- and does not establish a limit on the equity
Assistance Act. Authorization for reimburse- The value of the fund.
ment of applicable accounts that provide porting requirement concerning U.S. arms LEASING AUTHORITY
commodities and services under this section sales in section 25 of the Arms Export Con-
is also authorized. trot Act to include only developing corm- The Senate bill (sec. 126) sets new stand-
The House amendment does not contain a tries. ards for pricing of U.S. vessels leased to for.
The House amendment (sec. 111) has no eign countries.
comparable provision. comparable provision. The House amendment does not contain a
The conference substitute is the same as The conference substitute is the same as comparable provision.
the Senate provision. the House provision. The conference substitute is the same as
GUARANTY RESERVE FUND SECURITY ASSISTANCE SURVEYS the Senate provision.
The Senate bill (sec. 107) requires a Presi- The House amendment (sec. 112) changes WAIVER OF MAP PROCEEDS
dential report on FMS financing and recom- the definition of types of security assistance The House amendment (sec. 117) author.
mendations on replenishment of the Guar- surveys which will be reported to Congress
anty Reserve Fund. under section 26 of the Arms Export Con- izes the President, If he determines it is in
The House amendment (sec. 106) author- the national interest, to waive the require-
Com-
izes use of FMS market rate funds to Pay mince Act Act on and Foreign Affairs fhas and the the House Senate went that net proceeds of sales of equip-
claims If the Guaranty Reserve Fund be- Committee tn Foreign Relations receive e ment provided under the MAP Program
comes inadequate. copies of such reporte upon n request. uest. can r prior to 1975 be repaid to the United States.
The e conference substitute 1s a combine- The e Senate bill does not contain acompa- The Senate bill does not contain a compa-
tion of both Senate and House provisions. rable provision. rable Provision.
The substitute requires a report with recom- The conference substitute is the same as The conference substitute Is the same as
mendations on the financial situation re- the House provision. the House provision.
specting the Foreign Military Sales pro- NATO COOPERATIVE PROJECTS MAP COSTS
gram. It also authorizes the Department of The House amendment (sec. 130) amends The Senate bill (sec. 114) excludes the
Defense to use funds authorizedram for order market Section 27 of the Arms Export Control Act cost of salaries from MAP-funded FMS pur-rat loam to p pay claims nder pas FMS proer that same to revise authority pertaining to NATO co- chases of military training.
program pay claon past debts under sm operative projects. The House amendment does not contain a
inadequate. thee. Guaranty Re- The Senate bill does not contain a compa- comparable provision.
pwhen become funds
serve Fcon been - mitt table provision. - The conference substitute is the same as
The con committee expects the The conference substitute is the same as the Senate provision.
review, executive the branch to earliest begin possible date of the comprehensive the House provision with an amendment to
U.S. foreign military sales financing Pro- drop the requirement for advanced appro- SECURITY ASSISTANCE ORGANIZATIONS
gram, including the rescheduling of previ- priations for contracts entered into on The Senate bill (sec. 117) authorizes for
ous debts, and to provide a report with find- behalf of other NATO members under equi- fiscal year 1986 larger overseas military
table cost conditions. groups in Pakistan, Tunisia, El Salvador,
Ines and recommendations within 90 days of Honduras, and Sudan.
enactment of this bill. Based on information RECIPROCAL TRAINING AND SUPPORT The House amendment (sec. 119) author-
provided by the Department of Defense, the The House amendment (sec. . 129) 129) author- lzes on a permanent basis such larger
committee understands that no replenish- izes the President to provide allies with re- groups in the same countries and for Ven-
ment of the Guaranty Reserve Fund will be ciprocal training and support for military ezuela but not for Sudan.
necessary before fiscal year 1987. The core- and civilian defense personnel. The conference substitute is a compromise
mittee will review the report and make their The Senate bill does not contain a compa- that authorizes on a permanent basis larger
own assessments during fiscal year 1986. cable provision. the following countries: Pakistan.
The authority of this provision to use - The conference substitute Is the same as groups Tunisia, in El Salvador, Honduras.
funds authorized under the FMS program is the House provision. SPECIAL. WAIVER r intended as a contingency authority and QUARTERLY REPORTS ON U.S. MILITARY
should not undermine the more comprehen- ADVISORS ABROAD The House amendment (sec. 122) amends
sive review and recommendations contained The House amendment (sec. 113) clarifies section 614 of the Foreign Assistance Act to
in this provision. types and numbers of U.S. military and ci- establish a ceiling of $750 million on use of
VALUATION OF DEFENSE ARTICLES vilian personnel to be included in quarterly that section to permit cash sales otherwise
The Senate bill (sec. 102) requires that reports required by section 36(a) of the prohibited under the Arms Export Control
U.S. vessels of 3,000 tons or less and 20 years Arms Export Control Act. Act.
old or more shall be sold at scrap value or at The Senate bill does not contain a compa- rabThe pSe ate bill does not contain a compa?
le r
full and fair value, and that leasing of such rable provision.
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1983 CONGRESSIONAL RECORD - HOUSE
_....~. substitute is the same as fiscal year 1986, a $5 million increase above
tY?n- the President's request, and that subse-
srnatr our I'- ___1 tion for fiscal year 1985. The conferees do
aald arms i transfers within not intend that the conference action on
t~tl
on
of the date of enactment of this FMS be an impairment to the House Com-
mittee's Proposal for the $25 million for
arms transfer report.
~~ trrentt substitute is a compromise
wigs multilateral negotiations and
_fes a report within one year from
enactment on steps being taken to
otiations and on conventional
M.
jr ~rraepolicies. The conference com-
recognizes that conventional arms
A111Maareements with the Third World
f~Y suppliers from 1981-84 totaled
so million (in constant 1984 dollars);
non-Communist suppliers account-
rr $94.100 million and Communist sup
accounted for $59.100 million. The
Mates. the Soviet Union, and France
mss seen the three predominant arms sup-
ttr.tis accounted for 83 percent of all
rer
wirmotionsl arms transfer agreements with
SD Third World in 1984. There is deep con-
an for the effect conventional arms trans-
,, glmay have on regional stability, arms
(ItlEaa and the economic needs of Third
WWb nations. including their development,
sold ability to meet basic human needs.
?here is further concern about the ulimate
atect of conventional arms transfers on the
print) of the major suppliers themselves.
Conventional arms transfer agreements
nadir by the United States, the Soviet
onion, and France are at levels closer to
/push equivalence that at any time in histo-
ry This could be a significant factor in fa-
eMtating steps to limit and control conven-
tional Erin transfers. Since new arms trans-
fan are upredictable, and, since new cycles
of arms purchases by the less developed na-
tiors could occur at any time, the United
dates should reevaluate its conventional
arms transfer policies and practices and to
atek to achieve negotiated conventional
arms control agreements which enhance the
national interest at the earliest possible
(late.
PUS FOR JORDAN
The House amendment (sec. 125) sets con-
ditions for FMS financing and sales for
Jordan.
The Senate bill does not contain a compa-
rable provision.
The conference substitute is a compromise
which states the sense of Congress that no
foreign military sales financing authorized
for Jordan may be used to finance the pur-
chase by Jordan of United States advanced
aircraft, new air defense weapon systems or
other new advanced military weapon sys.
tems unless Jordan is publicly committed to
the recognition of Israel and to negotiate
promptly and directly with Israel under the
basic tenets of United Nations Security
Council Resolutions 242 and 338. The con-
ference substitute also requires any notifica-
tion made Pursuant to section 36(b) of the
Arms Export Control Act with respect to a
proposed sale to Jordan of advanced mill.
Lary equipment to be accompanied by a
Presidential certification of Jordan's public
commitment to the recognition of Israel and
to negotiate promptly and directly with
Israel under the basic tenets of United Na-
tions Security Council Resolutions 242 and
338.
The conferees note also that in its markup
of foreign assistance authorizing legislation,
the House Foreign Affairs Committee in-
tended that $25 million in Economic Sup-
port Fund (ESF) assistance go to Jordan in
Jordan in fiscal year 1986. although they
recognize that the amount for Jordan in
that year could be affected by global reduc-
tions in the ESF program.
TITLE 11-ECONOMIC SUPPORT FUND
ECONOMIC SUPPORT POND POLICY
The Senate bill (sec. 201) amends section
531 of the Foreign Assistance Act. Section
531 provides the general authority and
policy for the Economic Support Fund
(ESF). ESF is economic assistance which
the President may furnish in order to pro-
mote economic or political stability abroad
in circumstances in which the United States
has special economic. political, or security
interests.
The Senate amendment:
-clarifies the language in the Foreign As-
sistance Act which governs ESF to make
the link between development and eco-
nomic support assistance more explicit;
-directs that, the the maximum extend
feasible, commodity import programs
(CIP), and other related programs gener-
ate local currency of which at least 50
percent should be Programmed for de-
velopment activities: and,
-requires a detailed report, as part of the
already required annual Congressional
presentation documents, which justifies
the uses and purposes of ESF, delineat-
ing cash grants from development
project aid.
The House amendment contains no com-
parable provision.
The conference substitute is the same as
the Senate provision.
ASSISTANCE FOR THE MIDDLE EAST
(a) Authorizations
The Senate bill (sec. 201) authorizes an
ESF funding level for the Camp David and
another for the non-Camp David countries.
The House amendment contains no com-
parable provision.
The conference substitute is the same as
the Senate provision.
(b) U.S. nonmilitary exports to Israel
The House amendment (sec. 204) provides
that the President shall ensure that the
level of ESF cash transfer to Israel does not
cause an adverse impact on the total level of
nonmilitary exports from the United States
to Israel.
The Senate bill contains no comparable
provision.
The conference substitute is the same as
the House provision.
(c) Egypt grant funding
The Senate bill (sec. 201) provides that all
the ESF funds made available to Egypt
under the bill shall be on a grant basis.
The House amendment contains no com-
parable provision.
The conference substitute is the same as
the Senate provision.
(dl Egypt cash transfer
The Senate bill (sec. 201) provides that up
to $200 million of the ESF funds in the bill
for Egypt, but not less than $165 million,
shall be in the form of a cash transfer to
help and encourage economic reforms and
Egypt's own developmental efforts.
The House amendment (sec. 204(bX2))
provides that the ESF allocated for Egypt
may be provided as a cash transfer only if
the President determines that Egypt will
undertake economic reforms or develop-
H 6733
ment activities which are additional to
those which would be undertaken in the ab-
sence of the cash transfer: and 15 days
before the cash transfer occurs, the Presi-
dent notifies the House Foreign Affairs and
the Senate Foreign Relations Committees In
accordance with the reprogramming notifi-
cation procedures pursuant to 634A of the
Foreign Assistance Act.
The conference substitute provides that
up to $115 million of the ESF for Egypt
each year in fiscal 1986 and 1987 may be in
the form of cash transfer, with the under-
standing that Egypt will undertake econom-
ic reforms or development activities which
are additional to those which world be un-
dertaken in the absence of the cash trans-
fer. The conferees support providing up to
$115 million annually as a cash trWILsfer on
the understanding that Egypt will under-
take economic reforms or development ac-
ti ities which are additional to those which
would be undertaken in the absence of the
cash transfer. It is further the sense of the
conferees that the President advise the Con-
gress in advance of the cash transfer of the
additional reforms or development activities
Egypt will undertake.
(e) Cooperative scientific and technological
projects
The House amendment (sec. 204(c)) ex-
presses the sense of Congress that in order
to continue to build the structure of peace
in the Middle East, the United States
should finance, and where appropriate par-
ticipate in, cooperative projects of a scientif-
ic and technological nature involving Israel
and Egypt and other Middle East countries
wishing to participate.
The Senate bill contains no comparable
provision.
The conference substitute is the same as
the House provision.
CYPRUS PEACE AND RECONSTRUCTION FUND
The House amendment authorizes appro-
priations of $250 million in fiscal year 1985
or in future years for assistance to Cyprus.
The assistance could be provided only if the
President certifies to the Congress that an
agreement has been concluded by the Greek
and Turkish Cypriots which is supported by
Greece and Turkey and which achieves sub-
stantial progress toward settlement of the
Cyprus dispute.
The Senate bill contains no comparable
provision.
The conference substitute expresses the
sense of Congress that at the appropriate
time in the future, the $250 million should
be authorized for assistance to Cyprus pro-
vided such conditions are met.
COMMODITY IMPORT PROGRAMS ICIP,
AGRICULTURAL EARMARK
The Senate bill (sec. 201) provides that
not less than 20 percent of the ESF funds
available for commodity import programs
(CIP) shall be used to purchase U.S. agricul-
tural commodities.
The House bill contains no comparable
provision.
The conference substitute provides that
not less than 18 percent of the ESF funds
made available for commodity import pro-
grams in fiscal year 1986 and 1987 shall be
used to purchase U.S. agricultural commod-
ities.
TIED AID CREDIT PROGRAM
The House amendment (sec. 203) adds a
new section 533 to the ESF chapter (chap-
ter 4 of part II) of the Foreign Assistance
Act. The new section 533. "Tied Aid Credit
Program," requires a deposit of not less
than $50 million from ESF funds allocated
for commodity import programs in fiscal
year 1986, and an aggregate of not less than
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CONGRESSIONAL RECORD - HOUSE duly 29, 1985
$100 million for both fiscal 1986 and 1987. in
a fund authorized by section 645(c)(2) of the
Trade and Development Enhancement
Act of 1983. The fund is to be used by the
Agency for International Development (AID)
to implement the program of tied aid credits
established by that act. The funds are to
remain available for this purpose urtil the
end of fiscal 1987.
The Senate bill contains no comparable
provision.
The conference substitute contains the
earmarking as set forth In the House provi-
sion but provides that to the extent that the
funds have not been obligated pursuant to
the tied aid credit program by the end of
the third quarter of the fiscal year for
which they were appropriated. they may be
used for other ESF purposes If the AID Ad-
ministrator certifies to Congress that no
trade credit applications acceptable and
timely under the Trade and Development
Enhancement Act of 1983 are pending. or
that such funds are not needed for that pro-
gram because other countries are not engag-
irtP in predatory financing practices in order
to compete With U.S. exports.
RESTRICTION ON USE Or FUNDS FOR NUCLEAR
FACILITIES
The Senate bill (sec. 20lid)) prohibits the
use of ESF funds under the bill for financ-
ing the construction, operation or mainte-
nance of. or the supplying of fuel for, any
nuclear facility In a foreign country unless
the President certifies to the Congress that
the country is a party to the Non-Prolifera-
tion Treaty. cooperates fully with the Inter-
national Atomic Energy Agency. and pur-
sues nuclear nonproliferation policies con-
sistent with those of the United States.
The House amendment is the same as the
Senate provision except that one additional
provision has been added to allow provision
of funds to countries that are parties to
either the Non-Proliferation Treaty (as in
the Senate amendment) or the Treaty for
the Prohibition of Nuclear Weapons in
Latin America (the Treaty of Tlatelolco).
The conference substitute is the same as
the House provision.
EST FOR LEBANON
The Senate bill (sec. 201) provides that
none of the Economic Support Fund
moneys authorized in the bill may be avail-
able for Lebanon.
The House amendment provides that $2.5
million of the ESF authorized for fiscal 1986
and $2.5 million for fiscal 1987 shall be
available only for Lebanon. It provides fur-
ther that none of these funds can be used
for aid to Lebanon unless all U.S. citizens
taken hostage in Lebanon have been re-
leased, except that this restriction does not
apply to humanitarian assistance provided
for institutional support or for emergency
purposes. The. funds are to revert to the
Treasury to the extent that they cannot be
used pursuant to the above requirement, or
because of conditions in the country.
The conference substitute contains nei-
ther the Senate prohibition on ESF for Leb-
anon nor the House earmarking of ESF for
Lebanon under certain conditions. In their
consideration of this matter, the conferees
supported general U.S. policy in Lebanon to
seek the removal of all foreign troops from
the country, preserve the country's unity
and territorial integrity and ensure security
along Lebanon's borders. However. the con-
ferees believe that at this time, higher pri-
ority must be given to obtaining the imme-
diate release of the remaining American
hostages in that country.
With regard to development assistance. It
is not possible to carry out an effective pro-
gram in Lebanon under present circum-
stances, and funds are not provided in the
Conference report for that purpose. Howev-
er, the conferees support continued D.S. ef-
forts to alleviate human suffering In Leba-
non and to deal with humanitarian prob-
lems in the strife-torn nation. Such assist-
ance can be provided to private voluntary
organizations providing relief and to Ameri-
can institutions in Lebanon to meet emer.
gency needs.
The committee of conference regrets
recent efforts to try to reprogram for other
purposes economic assistance funds which
the Congress had authorized and appropri-
ated for Lebanon. It be;ie'es it to be in the
national interest to preserve funding intend-
ed for Lebanon to meet some of the extraor-
dinary humanitarian needs there. If funds
are needed for meritorious, emergency pur-
poses In other countries. other funding
sources should be found. If funds the Con-
gress intended for Lebanon cannot be spent
there. they should revert to the Treasury.
TITLE III-DrvLLoPMENT ASSISTANCE
POPULATION
(a) Earmark on centrally,fundrd programs
The House amendment (sec. 303) amends
Section 104 of the Foreign Assistance Act to
require that 50 percent of all funds appro-
priated for population pianving programs
for fiscal years 1986 and 1987 in excess of
$250 million be administered by the Office
of Population in the Agency for Interna-
tional Development.
The Senate bill does not contain a similar
provision.
The conference substitute is the same as
the Senate position.
(b) Assistance to nongovernmental organi-
zations
The Senate bill (sec. 303) amends section
104 of the Foreign Assistance Act to require
that nongovernmental organizations and
multilateral organizations not be subject to
any requirement more restrictive than any
requirement applicable to a foreign govern-
ment for population assistance.
The House amendment (sec. 303) amends
section 104 of the Foreign Assistance Act to
provide that the President, If he determines
that to do so would promote voluntary
family planning goals, may deny population
planing funds to any country, international
organization or nongovernmental organiza-
tion because of the types of voluntary
family planning programs carried out with
funds other than those made available by
the United States under this act.
The conference substitute reflects the
compromise agreed to by the conferees
under which both the House and the Senate
recede from their positions.
(c) Assistance in countries in which there
are reports of coerced abortion, infanti-
cide, or coerced sterilization
The Senate bill (sec. 303) amends section
104 of the Foreign Assistance Act to prohib-
it assistance for population programs in any
country which permits infanticide or co-
erced abortion or for any organization
which has programs in such a country.
The House amendment (sec. 303) amends
section 104 of the Foreign Assistance Act
with findings and restrictions concerning
funding for population programs in the Peo-
ple's Republic of China, including authority
for the President to withhold funds from
the U.N. Fund for Population Activities
bases on a determination regarding coerced
abortion, coerced sterilization or infanticide
in the People's Republic of China.
The conference substitute reflects the
compromise agreed to by the conferees
under which both the House and the Senate
recede from their postions.
PROMOTION OF IMMUNIZATION AND ORAL
REHYDRATION
The Senate bill (sec. 315) amends section
104 of the Foreign Assistance Act to estab-
lish as a goal for the Agency for Interna-
tional Development the protection from tm-
munizable diseases of eighty percent of all
children in countries receiving development
assistance, through provision of oral rehy.
dratior. salts and immunizations.
The House amendment does not contain a
comparable provision.
The conference substitute Is the same as
the Senate provision.
COOPERATIVE DEVELOPMENT PROGRAM
The House amendment (sec. 307) amends
section 106 of the Foreign Assistance Act to
earmark $5 million of development assist-
ance in each of fiscal yearl1986 and 1987
for cooperative programs among the United
States. Israel, and developing countries.
The Senate bill does not contain a compa-
rable provision.
The conference substitute is the same as
the House provision.
PRIVATE SECTOR REVOLVING FUND
The Senate bill (sec. 306) amends section
108(b) of the Foreign Assistance Act to
extend the authority for the Private Sector
Revolving Fund for I additional year and to
set the fiscal year 1986 and 1987 authorized
level for the fund at $16 million.
The House amendment (sec. 308) provides
for a 2 year extension of the authority and
sets the annual level for the fund at $20 mil-
lion.
The conference substitute is the House
provision, with an amendment setting at $18
million the amount of funds from other de.
velopment assistance accounts which can be
used in fiscal years 1986 and 1987 for the re-
volving fund.
PRIVATE AND VOLUNTARY ORGANIZATIONS
The Senate bill (sec. 309) amends section
123(e) of the Foreign Assistance Act by re-
quiring that a report be transmitted to Con-
gress within 30 days after a decision has
been made to continue support for private
and voluntary organization (PVO) and coop-
erative programs in a country to which an
aid prohibition had become effective, rather
than linking the reporting requirement to
the date that the country prohibition be-
comes applicable, as current law does.
The House amendment (sec. 309) extends
from 30 days to 90 days after a prohibition
on aid to a country becomes applicable the
date by which the President must report to
the Congress on a decision to continue sup-
port to PVO's.
The conference substitute extends the re-
porting requirement from 30 days to one
year.
The Senate bill also amends section 123 of
the Foreign Assistance Act to require AID
to make available for the activities private
voluntary organizations not less than 15
percent of the amount appropriated for de-
velopment assistance.
The House amendment extends to fiscal
years 1986 and 1967 existing law which ear-
marks 12 percent of development aid for
PVO's, and sets a target of 16 percent.
The conference substitute raises the ear-
mark to 13.5 percent and retains the target
at 16 percent. extends this requirement
through fiscal year 1989, and allows PVO
activities financed with ESF funds to be
counted in determining compliance with the
earmark.
TARGETED ASSISTANCE
The House amendment (sec. 311) amends
section 128 of the Foreign Assistance Act to
require that target populations for develop-
ment assistance be determined by use of
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hl, 2,9, 1985 CONGRESSIONAL RECORD - HOUSE
c measurement standards. such as
I~rt~acd by the World Bank. and that the
~ayar5 for International Development
s glhen efforts to use a substantial per-
Rrstage of development assistance for activi-
Me'i ahtch directly improve the lives of the
/aw majority.
' ne Senate bill does not contain a compa
-
provision.
"r conference substitute is the same as
ttae House provision.
HOUSING GUARANTEES
The Senate bill (sec. 312) amends section
$22,a) of the Foreign Assistance Act to in-
CreaKe the aggregate ceiling on guarantees
for the Housing Guaranty Program by $45
million. extends the program for one year.
OM removes from the statute the require-
aaent in section 223(j) of the Foreign Assist-
ance Act that the average face value of
ryarantees issues in any fiscal year not
exceed $15 million.
The House amendment (sec. 313) in.
teases the aggregate ceiling by $320 mil-
W. extending the program for a period of
two years, and requires that the program
level for fiscal years 1986 and 1987 be com-
parable to the level for fiscal year 1984.
The conference substitute is the House
provision, with an amendment which in-
creases the overall level of guarantees by
$200 million and provides that the authority
provided in this Act and subsequently ap-
proved in appropriations acts must, in fact,
be utilized to the extent made available by
such acts.
TRADE CREDIT INSURANCE PROGRAM
The Senate bill (sec. 313) amends section
224(e) of the Foreign Assistance Act to
extend the special Trade Credit Insurance
Program for Central America for an addi.
tional year at the current level of $300 mil-
lion of guaranties.
The House amendment (sec. 313) provides
for a 2-year extension of the program and
sets the guaranty ceiling at $500 million for
the 2 fiscal years 1986 and 1987.
The conference substitute is the House
provision, with an amendment setting the
aggregate guaranty ceiling on outstanding
guarantees under the program at $300 mil-
lion for fiscal year 1986 and $400 million for
fiscal year 1987.
AGRICULTURAL AND PRODUCTIVE CREDIT AND
SELF-HELP COMrI?NITY DEVELOPMENT PRO-
GRAMS
The House amendment amends section
222A(h) of the Foreign Assistance Act to
extend the authority of the Agricultural
and Productive Credit and Self-Help Com-
munity Programs for 2 more years, until
September 30, 1988.
The Senate bill had no comparable provi-
sion.
The conference substitute is the same as
the House provision.
MINORITY SET-ASIDE
The House amendment (sec. 315) requires
that unless the Administrator of AID deter-
mines otherwise, 10 percent of development
assistance funds shall be available only for
minority enterprises.
The Senate bill does not contain a compa-
rable provision.
The conference substitute is the same as
the House provision.
TITLE IV-OTHER ASSISTANCE PROGRAMS
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
(a) Earma tits
The Senate bill (sec. 502) amends section
302 of the Foreign Assistance Act to ear-
mark funding from this account for fiscal
year 1986 for the U.N. Development Pro-
gram, UNICEF. and the U.N. Environment
Program, with the remainder 6f available
funding unallocated. It also provides that
notwithstanding any other provision of law,
that the $10 million in fiscal fear 1985
funds earmarked for the U.N. Environment
Program be made available for that organi-
zation.
The House amendment (sec. 402) ear
marks all funding for tnternatio
zations and programs for fiscal
and 1987.
The conference substitute earmarks spe-
cific percentages of the total appropriation
for various international organizations and
programs, and maintains the provision on
funding for the IAEA contained in the
House amendment, requiring that tht? U.S.
contribution to that organization is condi-
tioned on a determination by the Secretary
of State that Israel is not denied its right to
participate in that organization's activities.
S 960 HR 1555
ermrks MrnwNS EVIK A 1111swobw
(percent) hoary I"
0 N Omebpnent Pscran......____ ...................... _................... .............. _......._......... _.......... .............. ...... __. 165.000.000
UN Isa ( FOM._ ............... ..._....._...__...... ..__._.._........ ......... ._.......... _......._ _..._...._ . ....... _.... ......_...... .................... ............ _ .... ._ . ...... . .._......._ ..... 53.0_.006
9 s
ei c I Asw M P w1 Y ................ _......... ..._........._ _....... .............. __......._............._........ _._...._..._..... ___._ ..............._.._........._....... _.._....._..._.......... ..... ....... -_._.
4$ l
......_.... .......... _................ _.__ _............. .......... .......................... ............... ............. ___._.__...._...._._.
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UN fmm Iram..._._......_ ................._._......._._...._........_......_............................._.._......_.._._....._..__..._.........._._._............._._.....____._._....._._._...._......__..__- 000
...........AN.................... .__.._...._....._...__........._......._. ..
....-'..._ -
91Y0_. ..
__._...... ....._......_._...._...... _...... -................... _............ ........... _......... ...... _.. .. _........................._...__..__.._------- _.-.
UN 6aatat DeSelua'nmt FuM._..._......._.__.._ ................. _.._...__................___.......................................... ........... ............... ........................... __....._................................ _._.._.....__.._-..
U 8 [oat= ,Vmmg eramam'SaM Afno .. _.._. .. ...
I. N 9o6mtri fs fuMamen ' $ DeuOe......
.... .. ............._......................................_...........................___-- ..... _-..
W fMm Spepes. ......... ... .... .. _ _
it" Fw
8 8 Fwd bsilule ftgram_ .........
... _ ....... ........._...................._......._...__.._...._.__...__............. ._................._..._.._.... _........__ ........... __......._..
U N In Nawt ...._..........
UN bm! ust Fund y I n S South ............................................... ._
............ ..... ............ .......................... _..... ........ _.............. ................ .......... _...
Senze......_...._ .............. .... .... ............................... ......._........_.._._......_.................. .._...._.......... ........._..._...... ...... ..._.... .......... _.._........ _..._ _._.._...__...-..
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UNI 00 'w Fa Fr Tomotw $ervAe ................ _..._.... ........ ._....._.._................. .. ........ _......... ........... ..... .... ........... ............................ .......... .... .... _..............._ _ ................ _............ _.... _...._.
5
UNOP re' trust 11 laerry n AfnO......._......___.. ........... ........._..... ...... __._....._......._.................._......................_........ ....... _......................... .... .._..__.._....__
8 C Its W N~sxonnan mnvenWm. ._.. ...... .................. ...
0
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IrvN He'n IkNtaN (rust Fuq........ ....... .._...._ ............. ....._...._....._.._._._..._.......... .__._......._.__.._................ .......__...._.......... .......... .............. ............ .... _............. _...._........ _............. ._-_
164,560.000
59.65
161.055.000
53140.000
1930 .
52.122.815
15,004.0_
5.44
14.689.157
19,68(.0_
3.51
19.476.875
9.680.000
3.51
.875
9
1.936.0_
070
895
1.895.375
1.968
0_
035
1.947.682
.
968.000
0.38
947.682
193
600
0.07
189.54
.
191600
007
895.3
486
0_
1
10
0
7
1
471
844
.
.
0_
484
.
018
.
.
17;.51
33?
33',830
0.14
394.769
93.6_
0.07
94.769
513.070
0.57
479.532
2.662.070
0.55
2179,341
2.464.000
097
2,473.844
242.000
0.19
233.922
242.000
0.09
236.922
(b) Proportionate share reductions
The Senate bill (sec. 502) amends section
302 of the Foreign Assistance Act to provide
that funds may not be available for the U.S.
proportionate share for any programs for
the Palestine Liberation Organization
(PLO), the Southwest Africa Peoples Orga-
nization (SWAPO), Libya, Iran. or Cuba.
The House amendment (sec. 403) provides
that funds may not be available for pro-
grams for the PLO or for projects whose
primary purpose is to provide benefits to
the PLO or entities associated with it. The
House amendment (sec. 404) also provides
for a proportionate share reduction for
SWAPO except if the President certifies
that such funds would not be used to sup-
port the military or paramilitary activities
of SWAPO. The House amendment also re-
quires an annual review by the Secretary of
State and a report to the Congress on the
implementation of these sections.
The conference substitute combines in a
single section the House and Senate provi-
sions. Incorporating the House provisions re-
garding the PLO, the Senate provision con-
cerning SWAPO, Libya, Iran, and Cuba, and
the House provision establishing a reporting
requirement.
The House amendment (sec. 405) also re-
quires a reduction in the U.S. proportionate
share contribution for programs in Commu-
nist countries.
The Senate bill does not contain a compa-
rable provision. -
The conference substitute is the same as
the Senate provision.
PROHIBITIONS ON ASSISTANCE TO COUNTRIES
WHICH OPPOSE THE U.S. POSITION IN THE
UNITED NATIONS
The House amendment (sec. 1112) prohib-
its assistance to any country whose votes in
the United Nations General Assembly coin-
cided with the U.S. position less frequently
than the votes of the Soviet Union coincide
with those of the United States.
The Senate bill does not contain a compa-
rable provision.
The conference substitute is the same as
the Senate position.
TITLE V-INTERNATIONAL TERRORISM AND
FOREIGN AIRPORT SECURITY
ANTITERRORISM ASSISTANCE PROGRAM
The House amendment (sees. 407 and 457)
authorizes $9,840,000 for each of the fiscal
years 1986 and 1987 to carry out chapter 8
of Part II of the Foreign Assistance Act for
antiterrorism assistance. It also authorizes
the transfer of small arms and munitions di-
rectly related to antiterrorism training; pro-
vides for a 15-day advance notification to
the Congress and sets a ceiling of $325,000
in each fiscal year on the munitions trans-
fer; prohibits the use of funds for salaries
and expenses under this section; and repeals
the 2-year sunset provision.
The Senate bill authorizes $5 million for
each of the fiscal years 1986 and 1987 for
antiterrorism assistance and extends the
program for 2 years.
The conference substitute is the same as
the House provision. The conferees note
that the close consultation between the De-
partment of State and the authorization
committees on the antiterrorism program to
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CONGRESSIONAL RECORD - HOUSE July 29, 1985
date has been exemplary. It was a major
factor that led to the conferees' confidence
that the provision of small arms and muni-
tions under this program would not be side-
tracked for other purposes or otherwise
abused. The conferees commend the De-
partment of State for its close consultation
with the Congress and look forward to con-
tinuation of such practices.
COORDINATION OP ANTITERRORISM ASSISTANCE
TO FOREIGN COUNTRIES
The House amendment (sec. 408) man-
dates that the Secretary of State be respon-
sible for coordinating al) U.S. Government
antiterrorism assistance to foreign countries
and requires an annual report from the De-
partment of State to the Congress on such
assistance.
The Senate bill does not contain a compa-
rable provision.
The conference substitute is the same as
the House provision.
PROHIBITION ON ASSISTANCE TO COUNTRIES
SUPPORTING INTERNATIONAL TERRORISM
The House amendment (sec. 409) amends
argon 620A of the Foreign Assistance Act
to provide that the Presid'-nt may prohibit
assistance to any country which grants
sanctuary from prosecutlor to any Indi'dd-
ual or group which has crony mitted an act of
international terrorism or otherwise sup-
ports international terrorism. except that
the President may waive this prohibition if
he determines that national security or hu-
manitarian reasons justify such a waiver. It
also requires that the President publish
each waiver in the Federal Register and
notify the Congress at least 15 days in ad-
vance of the use of such waiver. It also calls
on the President to gain the support of
other countries to impose similar sanctions.
The Senate bill does not contain a compa-
rable provision.
The conference substitute is the same as
the House provision.
PROHIBITION ON IMPORTS FROM AND EXPORTS
TO COUNTRIES ENGAGED IN TERRORISM
The House amendment (sec. 411) requires
the President to prohibit U.S. imports and
exports to and from Libya.
The House amendment (sec. 463) author-
izes the President to prohibit U.S. imports
of goods and services from countries sup-
porting terrorism and defines the terms
"terrorist" and "terrorist organization".
The Senate bill (sec. 925) authorizes the
President to prohibit U.S. imports from
Libya and any other country determined by
joint resolution of Congress to be engaged
in terrorism. It authorizes the President to
prohibit the export of certain goods and
technology to Libya or any other country
determined by joint resolution of Congress
to be engaged in terrorism. It also refer-
ences the reporting requirement to Con-
gress in accordance with provisions of the
International Emergency Economic Powers
Act IEEPA).
The conference substitute contains a pro-
vision authorizing the President to prohibit
imports and exports of goods or technology
to or from Libya. The conferees expect that
the provisions of the Export Administration
Act of 1979, as amended, will be followed in
carrying out this authority as it relates to
exports. The conferees intend that the exer-
cise of this authority will not set a prece-
dent of circumventing the Export Adminis-
tration Act. The conferees believe, however.
that the criteria established in section 6(b)
of the Export Administration Act have In
fact been met with respect to Libya. The
conferees expect that the administration
will further restrict exports to Libya that
can be used to generate hard currency, and
that the availability of such exports else.
where would not thwart the purposes of
such controls. The conferees believe that
Libya's extensive hard currency reserves
enable it to carry out Its program of Inter-
national terror. The conferees intend that
exports to Libya which are designed to pro-
vide drinking water, irrigation. or to pro-
mote agriculture would not ordinarily be
deemed to enable Libya to augment its hard
currency reserves.
The conference substitute also contains a
compromise provision which authorizes the
President to prohibit U.S. imports of goods
and services from any country which sup-
ports or harbors terrorists or terrorist orga-
nizations. When the authority under this
section is exercised. the President is re-
quired to submit a report to Congress which
parallels the reporting requirement found
in section 204 of the International Emergen-
cy Economic Powers Act.
INTERNATIONAL ANTITERRORISM COMMITTEE
The House amendment (soc. 459) calls on
the President to seek the establishment of
an international antiterrorism committee
which would focus the attention and secure
the cooperation of other governments and
of the public in participating countries on
the problems and responses to international
terrorism.
The Senate bill does not contain a compa-
rable provision.
The conference substitute Is the same as
the House provision.
INTERNATIONAL TERRORISM CONTROL TREATY
The House amendment (sec. 461) ex-
presses the sense of Congress that the Presi-
dent should negotiate a viable treaty to ef-
fectively prevent and respond to terrorist at-
tacks. Such a treaty should incorporate an
operative definition of terrorism, and
should establish effective close intelligence-
sharing and uniform laws on asylum. extra-
dition, and swift punishment for perpetra-
tors of terrorism.
The Senate bill does not contain a compa-
rable provision.
The conference substitute is the same as
the House provision.
STATE TERRORISM
The House amendment (sec. 1210) ex-
presses the sense of Congress that all civil-
ized nations should condemn. the use of ter-
rorism by certain states as evidenced by the
assassination of Major Nicholson by a
Soviet soldier.
The Senate bill does not contain a compa-
rable provision.
The conference substitute is the same as
the House provision.
FOREIGN AIRPORT SECURITY
The House amendment (sec. 451) amends
the Federal Aviation Act of 1958 to estab-
lish security standards and procedures re-
garding foreign air transportation. This pro-
vision establishes a procedure regarding the
assessment of security measures at foreign
airports and designates the factors which
should be considered regarding such assess-
ments by the Secretary of Transportation.
It requires that in carrying out such assess-
ments the Secretary of Transportation shall
consult with the Secretary of State with re-
spect to relevant terrorist threats and
whether airports are under the de facto con-
trol of the government of the country in
which they are located; and report to Con-
gress on such assessments and notification
of security risk airports to such foreign gov-
ernments. In addition, if, after 120 days, the
Secretary of Transportation determines
that a foreign government has failed to up-
grade the security standards at such airport,
the name of such airport will be published
In the Federal Register and otherwise
prominently advertised in airports and air-
line tickets. The House amendment author-
izes the President to invoke a general air
carrier boycott with respect to such air-
ports; and stipulates that if the Secretary of
State determines that any such airport is lo-
cated in a high terrorist threat country and
If the Secretary of Transportation deter-
mines that security and safety of passengers
and crew is at risk, then the President may
Immediately invoke a general boycott
against such airport and the Secretary of
Transportation must publicize such airports
and the Secretary of State must Issue an im.
mediate travel advisory.
The House amendment (sec. 451) also ex-
presses the sense of Congress with respect
to the closing of the Beirut e4rport.
The Senate bill does not contain a compa-
rable provision.
The conference substitute closely follows
the House provision. It deletes the require-
ment that the Secretary of Transportation
identify those international airports which
are not under the de facto control of a gov-
ernment. The conferees expect that in car-
rying out the assessment process on interna-
tional airport security, the Department of
Transportation will closely coordinate with
the Secretary of State with respect to the
nature of the terrorist threat in the coun-
tries where such airports are located and
the determination as to whether such air-
port is under the de facto control of that
government.
(a) Security standards in Foreign Transpor-
tation
The House amendment (sec. 451(a)(3))
mandates that the standards which shall be
used by the Secretary of Transportation in
making security assessments are the stand-
ards and recommendations contained in
annex 17 to the Convention on Internation-
al Civil Aviation Organization.
The Senate bill does not contain a compa-
rable provision.
The conference substitute specifies the
guidelines as "the standards and appropri-
ate recommended practices as contained in
annex 17 to the Convention on Internation-
al Civil Aviation."
tb) Report of assessments
The House amendment (sec. 451(e)) con-
tains a provision for reporting to Congress
on the assessments of foreign airport securi-
ty and stipulates that such report should
contain a summary of the assessments as
well as a description of the extent to which
identified security deficiencies have been
eliminated.
The Senate bill does not contain a compa-
rable provision.
The conference substitute retains the re-
porting requirement but deletes the descrip-
tion of the extent to which identified securi-
ty deficiencies have been met at foreign air-
ports. The latter information will be provid-
ed in reports to Congress filed under section
551 of the conference substitute.
fci Notification to foreign country of deter-
mination
The House amendment (see. 451(d)) stipu-
lates that when the Secretary of Transpor.
tation determines that an airport does not
maintain and administer effective security
measures, the Secretary shall notify the ap-
propriate authorities of such foreign gov-
ernment and recommend the necessary
steps to bring into compliance the security
measures in use at that airport.
The Senate bill does not contain a compa-
rable provision.
The conference substitute retains the
House provision but adds a requirement
that the Secretary of Transportation shall
advise the Secretary of State prior-to the
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