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(ii) the term "multilateral development bank" has the meaning given that term in section 1701(c) of the Inter

national Financial Institutions Act.

Sec. 662.977 Limitation on Intelligence Activities.-* * * [Repealed-1991]

Sec. 663.978 Exchanges of Certain Materials. (a) Notwithstanding any other provision of law, whenever the President determines it is in the United States national interest, he shall furnish assistance under this Act or shall furnish defense articles or services under the Foreign Military Sales Act pursuant to an agreement with the recipient of such assistance, articles, or services which provides that such recipient may only obtain such assistance, articles, or services in exchange for any necessary or strategic raw material controlled by such recipient. For the purposes of this section, the term "necessary or strategic raw material" includes petroleum, other fossil fuels, metals, minerals, or any other natural substance which the President determines is in short supply in the United States.

(b) The President shall allocate any necessary or strategic raw material transferred to the United States under this section to any appropriate agency of the United States Government for stockpiling, sale, transfer, disposal, or any other purpose authorized by law.

(c) Funds received from any disposal of materials under subsection (b) shall be deposited as miscellaneous receipts in the United States Treasury.

Sec. 664.979 Waiver of Prohibition Against Assistance to Countries Engaging in Certain Trade.-* * * [Repealed1977]

Sec. 665.980 Transition Provisions for Interim Quarter.** [Repealed-1978]

Sec. 666.981 Discrimination Against United States Personnel. (a) The President shall not take into account, in assigning officers and employees of the United States to carry out any economic development assistance programs funded under this Act in

977

77 Formerly 22 U.S.C. 2422. Sec. 601 of the Intelligence Authorization Act, Fiscal Year 1991 (Public Law 102-88; 105 Stat. 441), repealed sec. 662. The section, added by sec. 32 of the FA Act of 1974, had provided the following prohibition:

"Sec. 662. Limitation on Intelligence Activities.-No funds appropriated under the authority of this or any other Act may be expended by or on behalf of the Central Intelligence Agency for operations in foreign countries, other than activities intended solely for obtaining necessary intelligence, unless and until the President finds that each such operation is important to the national security of the United States. Each such operation shall be considered a significant anticipated intelligence activity for the purpose of section 501 of the National Security Act of 1947.".

Public Law 102-88 also amended and restated the relevant sections of the National Security Act of 1947 (50 U.S.C. 413 et seq.); see Legislation on Foreign Relations Through 1994, vol. IV. 978 22 U.S.C. 2423. Sec. 663 was added by sec. 32 of the FA Act of 1974.

979 22 U.S.C. 2424. Sec. 664, as added by sec. 33 of the FA Act of 1974, was repealed by sec. 123(c) of the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 541). It formerly read as follows:

"SEC. 664. WAIVER OF PROHIBITION AGAINST ASSISTANCE TO COUNTRIES ENGAGING IN CERTAIN TRADE.-Any provision of this Act which prohibits assistance to a country because that country is engaging in trade with a designated country, or because that country permits ships or aircraft under its registry to transport any equipment, materials, or commodities to or from such designated country, may be waived by the President if he determines that such waiver is in the national interest and reports such determination to the Congress.".

880 Sec. 665, as added by Public Law 94-161 (89 Stat. 849), was repealed by sec. 604 of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961). 98122 U.S.C. 2426. Sec. 666 was added by sec. 318 of Public Law 94-161 (89 Stat. 849).

any foreign country, the race, religion, national origin, or sex of any such officer or employee. Such assignments shall be made solely on the basis of ability and relevant experience.

(b) Effective six months after the date of enactment of the International Development and Food Assistance Act of 1975, or on such earlier date as the President may determine, none of the funds made available under this Act may be used to provide economic development assistance to any country which objects to the presence of any officer or employee of the United States who is present in such country for the purpose of carrying out any program of economic development assistance authorized by the provisions of this Act on the basis of the race, religion, national origin, or sex of such officer or employee.

(c) The Secretary of State shall promulgate such rules and regulations as he may deem necessary to carry out the provisions of this section.

Sec. 667.982 Operating Expenses. (a) There are authorized to be appropriated to the President, in addition to funds otherwise available for such purposes

(1) $387,000,000 for the fiscal year 1986 and $387,000,000 for the fiscal year 1987 983 for necessary operating expenses of the agency primarily responsible for administering part I of this Act,984 of which $21,750,000 for the fiscal year 1987 is authorized for the necessary operating expenses of the Office of the Inspector General of the Agency for International Development 983 and the remaining amount for the fiscal year is authorized for other necessary operating expenses of that agency and

(2) such amounts as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law, and for other nondiscretionary costs of such agency.

982 22 U.S.C. 2427. Sec. 667, as added by sec. 319 of Public Law 94-161 (89 Stat. 849), was amended and restated by sec. 129(a) of the International Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 543).

963 The authorization figures for fiscal years 1986 and 1987 were added by sec. 406 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 219). Authorizations under this section during recent years include: fiscal year 1979$261,000,000; fiscal year 1980-$263,000,000; fiscal year 1981-$293,800,000; fiscal year 1982$335,600,000; fiscal year 1983-$335,600,000; fiscal year 1984-$370,000,000; fiscal year 1985no authorization; fiscal year 1988-no authorization; fiscal year 1989-no authorization; fiscal year 1990-no authorization; fiscal year 1991-no authorization; fiscal year 1992—no authorization; fiscal year 1993-no authorization; fiscal year 1994—no authorization.

Congress did not enact an authorization for fiscal year 1995. Instead, the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (Public Law 103-306), waived the requirements for authorization, and title II of that Act (108 Stat. 1614) provided the following:

"OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT

"For necessary expenses to carry out the provisions of section 667, $517,500,000: Provided, That of this amount not more than $1,475,000 may be made available to pay for printing costs; Provided further, That none of the funds appropriated by this Act for programs administered by the Agency for International Development may be used to finance printing costs of any report or study (except feasibility, design, or evaluation reports or studies) in excess of $25,000 without the approval of the Administrator of that Agency or the Administrator's designee.

"OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL

"For necessary expenses to carry out the provisions of section 667, $39,118,000, which sum shall be available for the Office of the Inspector General of the Agency for International Development.".

884 The words following "Act” were added by sec. 402 of Public Law 99-529 (100 Stat. 3010).

(b) Amounts appropriated under this section are authorized to remain available until expended.

Sec. 668.985 Report on Korea.-* *

[Repealed-1981]

Sec. 669,986 Nuclear Enrichment Transfers.-*** [Repealed-1994]

Sec. 670,986,987 Nuclear Reprocessing Transfers, Illegal Exports for Nuclear Explosive Devices, Transfers of Nuclear Explosive Devices, and Nuclear Detonations.—*** [Repealed-1994]

Sec. 671.988 Notification of Program Changes.-* * * [Redesignated-1978]

PART IV-ENTERPRISE FOR THE AMERICAS

SEC. 701.990 PURPOSE.

INITIATIVE 989

The purpose of this part is to encourage and support improvement in the lives of the people of Latin America and the Caribbean through market-oriented reforms and economic growth with interrelated actions to promote debt reduction, investment reforms, community based conservation, and sustainable use of the environment, and child survival and child development. The Facility will support these objectives through administration of debt reduction operations under this part for those countries with democratically elected governments that meet investment reforms and other policy conditions.

985 Sec. 668, as added by sec. 411 of Public Law 94-329 (90 Stat. 760), was repealed by sec. 734(a)(1) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). This report, which had been required on an annual basis, 1976-81, included information on progress made by Korea to modernize its armed forces, on the U.S. role in mutual security efforts in Korea, and on prospects for or implementation of phased reduction of U.S. Armed Forces assigned to duty in Korea. Similar information is now required under sec. 25(a)(9) of the Arms Export Control Act.

986 Formerly at 22 U.S.C. 2429. Sec. 669, was added by sec. 305 of Public Law 94-329, amended and restated by sec. 12 of the International Security Assistance Act of 1977 (Public Law 9592; 91 Stat. 620), further amended by secs. 10(b)4) and 12 of the International Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 735, 737); further amended by sec. 737(b) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1562);

Secs. 669 and 670 were repealed by sec. 826(b) of the Nuclear Proliferation Prevention Act of 1994 (title VIII of the Foreign Relations Authorization Act; Public Law 103-236; 108 Stat. 519), after section 826(a) of that Act enacted two new sections into the Arms Export Control Act (secs. 101 and 102; at 22 U.S.C. 2799aa and 2799aa-1) to state nuclear nonproliferation controls.

Sec. 851 of Public Law 103-236, however, provided for the reenstatement of sections 669 and 670, and the repeal of any other amendments made by title VIII, parts A and B, of that Act: "SEC. 851. TERMINATION UPON ENACTMENT OF NEXT FOREIGN RELATIONS ACT.

"On the date of enactment of the first Foreign Relations Authorization Act that is enacted after the enactment of this Act, the provisions of parts A and B of this title shall cease to be effective, the amendments made by those parts shall be repealed, and any provision of law repealed by those parts shall be reenacted.".

987 Formerly at 22 U.S.C. 2429a. Sec. 670 was added by sec. 12 of Public Law 95-92 (91 Stat. 620); amended and restated by sec. 737(c) of the International Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1562); and further amended by sec. 1204 of the International Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 277).

988 Sec. 671, as added by Public Law 95-88 (91 Stat. 543), was redesignated as sec. 634A of this Act by sec. 502(b) of the International Development and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959).

989 Sec. 602(a) of the Jobs Through Exports Act of 1992 (Public Law 102-549; 106 Stat. 3664) added Part IV-Enterprise for the Americas Initiative, secs. 701-710. Formerly, Part IV, which related to amendments to other laws, was repealed by sec. 401 of the FA Act of 1962. 900 22 U.S.C. 2430.

SEC. 702.991 DEFINITIONS.

For purposes of this part

(1) the term "administering body" means the entity provided for in section 708(c);

(2) the term "Americas Framework Agreement" means an Americas Framework Agreement provided for in section 708;

(3) the term "Americas Fund" means an Enterprise for the Americas Fund provided for in section 707(a);

(4) the term "appropriate congressional committees" means the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate;

(5) the term "beneficiary country" means an eligible country with respect to which the authority of section 704(a)(1) is exercised;

(6) the term "eligible country" means a country designated by the President in accordance with section 703;

(7) the term "Enterprise for the Americas Board" or "Board" means the board established by section 610 of the Agricultural Trade Development and Assistance Act of 1954; and

(8) the term "Facility" means the Enterprise for the Americas Facility established in the Department of the Treasury by section 601 of that Act.

SEC. 703.992 ELIGIBILITY FOR BENEFITS.

(a) REQUIREMENTS.-To be eligible for benefits from the Facility under this part, a country must be a Latin American or Caribbean country

(1) whose government is democratically elected;

(2) whose government has not repeatedly provided support for acts of international terrorism;

(3) whose government is not failing to cooperate on international narcotics control matters;

(4) whose government (including its military or other security forces) does not engage in a consistent pattern of gross violations of internationally recognized human rights;

(5) that has in effect, has received approval for, or, as appropriate in exceptional circumstances, is making significant progress toward

(A) an International Monetary Fund standby arrangement, extended Fund arrangement, or an arrangement under the structural adjustment facility or enhanced structural adjustment facility, or in exceptional circumstances, a Fund monitored program or its equivalent, unless the President determines (after consultation with the Enterprise for the Americas Board) that such an arrangement or program (or its equivalent) could reasonably be expected to have significant adverse social or environmental effects; and

(B) as appropriate, structural or sectoral adjustment loans from the International Bank for Reconstruction and

90122 U.S.C. 2430a. 982 22 U.S.C. 2430b.

Development or the International Development Association, unless the President determines (after consultation with the Enterprise for the Americas Board) that the resulting adjustment requirements could reasonably be expected to have significant adverse social or environmental effects;

(6) has put in place major investment reforms in conjunction with an Inter-American Development Bank loan or otherwise is implementing, or is making significant progress toward, an open investment regime; and

(7) if appropriate, has agreed with its commercial bank lenders on a satisfactory financing program, including, as appropriate, debt or debt service reduction.

(b) ELIGIBILITY DETERMINATIONS.-Consistent with subsection (a), the President shall determine whether a country is eligible to receive benefits under this part. The President shall notify the appropriate congressional committees of his intention to designate a country as an eligible country at least 15 days in advance of any formal determination.

SEC. 704.993 REDUCTION OF CERTAIN DEBT.

(a) AUTHORITY TO REDUCE DEBT.

(1) AUTHORITY.-The President may reduce the amount owed to the United States (or any agency of the United States) that is outstanding as of January 1, 1992, as a result of concessional loans made to an eligible country by the United States under part I of this Act, chapter 4 of part II of this Act, or predecessor foreign economic assistance legislation.

(2) APPROPRIATIONS REQUIREMENT.-The authority provided by this section may be exercised only in such amounts or to such extent as is provided in advance by appropriations Acts. (3) CERTAIN PROHIBITIONS INAPPLICABLE. (A) A reduction of debt pursuant to this section shall not be considered assistance for purposes of any provision of law limiting assistance to a country.

(B) The authority of this section may be exercised notwithstanding section 620(r) of this Act or section 321 of the International Development and Food Assistance Act of 1975. (b) IMPLEMENTATION OF DEBT REDUCTION.—

(1) IN GENERAL.-Any debt reduction pursuant to subsection (a) shall be accomplished at the direction of the Facility by the exchange of a new obligation for obligations outstanding as of the date specified in subsection (a)(1)."

(2) EXCHANGE OF OBLIGATIONS.-The Facility shall notify the agency primarily responsible for administering part I of this Act of the agreement with an eligible country to exchange a new obligation for outstanding obligations pursuant to this subsection. At the direction of the Facility, the old obligations

993 22 U.S.C. 2430c. Sec. 594(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 1993 (Public Law 102-391; 106 Stat. 1692), enacted authorization for debt reduction as chapter 12, sec. 499 of this Act. That enactment, however, was repealed by sec. 602(b) of Public Law 102-549 (106 Stat. 3669), which also provided:

"Any exercise of the authorities provided in that chapter prior to its repeal by this subsection shall be deemed to be an exercise of the authorities of part IV of the Foreign Assistance Act of 1961 (as enacted by subsection (a) of this section) and shall be carried out, after the enactment of this section, in accordance with that part.".

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